[House Report 117-70]
[From the U.S. Government Publishing Office]
Union Calendar No. 49
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-70
_______________________________________________________________________
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
----------
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 3684
June 22, 2021.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
44-903 WASHINGTON : 2021
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
Union Calendar No. 49
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-70
_______________________________________________________________________
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
__________
R E P O R T
of the
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
to accompany
H.R. 3684
June 22, 2021.--Committed to the Committee of the Whole House on the
state of the Union and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
44-903 WASHINGTON : 2021
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-70
======================================================================
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
_______
June 22, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3684]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3684) to authorize funds for
Federal-aid highways, highway safety programs, and transit
programs, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
----------
Page
Purpose of Legislation........................................... 392
Background and Need for Legislation.............................. 392
Hearings......................................................... 395
Legislative History and Consideration............................ 398
Committee Votes.................................................. 413
Committee Oversight Findings..................................... 425
New Budget Authority and Tax Expenditures........................ 425
Congressional Budget Office Cost Estimate........................ 425
Performance Goals and Objectives................................. 426
Duplication of Federal Programs.................................. 426
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 426
Federal Mandates Statement....................................... 519
Preemption Clarification......................................... 519
Advisory Committee Statement..................................... 519
Applicability to Legislative Branch.............................. 521
Section-by-Section Analysis of the Legislation................... 521
Changes in Existing Law Made by the Bill, as Reported............ 588
Committee Correspondence......................................... 1489
Minority Views................................................... 1491
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. 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''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2022
Sec. 101. Definitions.
Sec. 102. Extension of Federal Surface Transportation programs.
Sec. 103. Additional amounts for the Federal-aid highway program and
member designated projects.
Sec. 104. Federal Transit Administration.
Sec. 105. National highway traffic safety administration.
Sec. 106. Federal motor carrier safety administration.
Sec. 107. Member designated project authorizations.
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.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical
exclusions.
Sec. 1115. Surface transportation project delivery program written
agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Sec. 1118. Accommodation of certain facilities in right-of-way.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.
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.
Sec. 1217. Noise barriers.
Sec. 1218. Safe streets for all.
Sec. 1219. Youth service and conservation corps.
Subtitle C--Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Clean corridors program.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural bridges program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active connected transportation grant program.
Sec. 1310. Wildlife crossings program.
Sec. 1311. Reconnecting neighborhoods program.
Sec. 1312. Apprenticeship utilization.
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.
Sec. 1405. Fiscal constraint on long-range transportation plans.
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.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Sec. 1511. Federal lands access program.
Subtitle F--Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Dig Once for broadband infrastructure deployment.
Sec. 1604. Stormwater best management practices.
Sec. 1605. Pedestrian facilities in the public right-of-way.
Sec. 1606. Highway formula modernization report.
Sec. 1607. Consolidation of programs.
Sec. 1608. Student outreach report to Congress.
Sec. 1609. Task force on developing a 21st century surface
transportation workforce.
Sec. 1610. On-the-job training and supportive services.
Sec. 1611. Appalachian development highway system funding flexibility.
Sec. 1612. Transportation education development program.
Sec. 1613. Working group on construction resources.
Sec. 1614. Numbering system of highway interchanges.
Sec. 1615. Toll credits.
Sec. 1616. Transportation construction materials procurement.
Sec. 1617. Nationwide road safety assessment.
Sec. 1618. Climate resilient transportation infrastructure study.
Sec. 1619. Natural gas, electric battery, and zero emission vehicles.
Sec. 1620. Guidance on evacuation routes.
Sec. 1621. High priority corridors on National Highway System.
Sec. 1622. Guidance on inundated and submerged roads.
Sec. 1623. Dry bulk weight tolerance.
Sec. 1624. Highway use tax evasion projects.
Sec. 1625. Labor standards.
Sec. 1626. Climate resiliency report by GAO.
Sec. 1627. Designation of John R. Lewis Voting Rights Highway.
Sec. 1628. GAO study on capital needs of public ferries.
Sec. 1629. Use of modeling and simulation technology.
Sec. 1630. GAO study on per-mile user fee equity.
Sec. 1631. GAO review of equity considerations at State DOTs.
Sec. 1632. Study on effectiveness of suicide prevention nets and
barriers for structures other than bridges.
Sec. 1633. Transportation planning activities.
Sec. 1634. Better Utilizing Infrastructure for Lasting Development of
Veterans Businesses Act.
Sec. 1635. Vehicle weight limitations.
Sec. 1636. Roadway worker protection working group.
Sec. 1637. GAO study on nature-based solutions for coastal highway
resilience.
Sec. 1638. Prohibition on the use of civil penalties for campaign
finance.
Sec. 1639. Repeal of pilot program.
Sec. 1640. Technical corrections.
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 years 2022 and 2023 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. Certification requirements.
Sec. 2112. Hold harmless.
Sec. 2113. Study on accessibility of public transportation.
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.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Spare ratio waiver.
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.
Sec. 2405. Workforce development training grants.
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.
Sec. 2504. Equity in transit service planning.
Sec. 2505. GAO study on fare-free 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. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
Sec. 2607. Resilient public transportation study.
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.
Sec. 2805. National advanced technology transit bus development
program.
Sec. 2806. Public transportation innovation.
Sec. 2807. Transit vehicle battery recycling and reuse.
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.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
Sec. 2917. Best practices for the application of National Environmental
Policy Act of 1969 to federally funded bus shelters.
Sec. 2918. Capital investment grant streamlining.
Sec. 2919. Disposition of rolling stock to improve air quality goals.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Fair and equitable traffic safety enforcement.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. National safety campaigns.
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.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.
Sec. 3014. Report on marijuana research.
Sec. 3015. Comptroller General study on national DUI reporting.
Sec. 3016. Report on impaired driving.
Sec. 3017. Impaired driving countermeasure.
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.
Sec. 4103. Immobilization grant program.
Sec. 4104. Operation of small commercial vehicles study.
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.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 4207. Broker guidance.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver's 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.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Sec. 4310. Application of commercial motor vehicle safety.
Sec. 4311. Use of data.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial
motor vehicles.
Sec. 4409. Universal electronic identifier.
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.
Sec. 5109. Transportation equity research program.
Sec. 5110. Surface transportation research, development, and
technology.
Sec. 5111. Metropolitan planning research pilot program.
Sec. 5112. Integrated project delivery.
Sec. 5113. Accelerated implementation and deployment of advanced
digital construction management systems.
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. 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. Surface transportation workforce retraining grant program.
Sec. 5307. Third-party data integration pilot program.
Sec. 5308. Third-party data planning integration pilot program.
Sec. 5309. Automated commercial vehicle reporting.
Sec. 5310. Task Force to Promote American Vehicle Competitiveness.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilot.
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. Transportation workforce outreach program.
Sec. 5504. Advisory council on transportation statistics.
Sec. 5505. GAO review of discretionary grant programs.
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. Transportation equity advisory committee.
Sec. 6009. Sense of Congress.
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. Lithium battery approval.
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. Bridges, stations, and tunnels (BeST) grant program.
Sec. 9106. Buy America.
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. Access to recreational trails.
Sec. 9217. Amtrak cybersecurity enhancement and resiliency grant
program.
Sec. 9218. Amtrak and private cars.
Sec. 9219. Amtrak Office of Community Outreach.
Sec. 9220. Long-distance customer enhancement program.
Sec. 9221. Amtrak carbon-free and renewable energy initiatives.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. Interstate rail compacts.
Sec. 9305. High-speed rail updates.
Sec. 9306. State rail planning formula funds.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Sense of Congress regarding commuter rail liability
insurance.
Sec. 9402. Surface Transportation Board mediation of trackage use
requests.
Sec. 9403. Surface Transportation Board mediation of rights-of-way use
requests.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. Study on safety impact of long trains.
Sec. 9502. FRA safety reporting.
Sec. 9503. Waiver notice requirements.
Sec. 9504. Notice of FRA comprehensive safety compliance assessments.
Sec. 9505. FRA accident and incident investigations.
Sec. 9506. Freight train crew size safety standards.
Sec. 9507. Border crossings.
Sec. 9508. Yardmasters hours of service.
Sec. 9509. Leaking brakes.
Sec. 9510. Report on PTC system failures.
Sec. 9511. Fatigue reduction management plans.
Sec. 9512. Assault prevention and response plans.
Sec. 9513. Critical incident stress plans.
Sec. 9514. Crewmember certification and qualification.
Sec. 9515. Safety management team communication.
Sec. 9516. GAO study on reorganization of Office of Railroad Safety.
Sec. 9517. Open-top rail car public input.
Sec. 9518. New passenger service pre-revenue safety validation plan.
Sec. 9519. Safety oversight of nontraditional and emerging rail
technologies.
Subtitle B--Grade Crossing Safety
Sec. 9551. Highway-rail grade crossing separation grants.
Sec. 9552. Rail safety public awareness grant.
Sec. 9553. Establishment of 10-minute time limit for blocking public
highway-rail grade crossings.
Sec. 9554. National blocked crossing database.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Railroad trespassing enforcement grants.
Sec. 9558. Railroad trespassing suicide prevention grants.
Sec. 9559. Including railroad suicides.
Sec. 9560. Report on safety measures required for Quiet Zones.
TITLE VI--MISCELLANEOUS
Sec. 9601. Rail network climate change vulnerability assessment.
Sec. 9602. Advance acquisition.
Sec. 9603. University Rail Climate Innovation Institute.
Sec. 9604. Workforce diversity and development.
Sec. 9605. Requirements for railroad freight cars entering service in
United States.
Sec. 9606. Rail research and development Center of Excellence.
Sec. 9607. Freight railroad locomotive requirements.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this Act''
contained in any division of this Act shall be treated as referring
only to the provisions of that division.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2022
SEC. 101. 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) Member designated project.--The term ``member designated
project'' means a project listed in the table in section 107.
(4) Member designated project funds.--The term ``member
designated project funds'' means funds reserved under
subsections (d)(1)(B)(i), (f)(1)(A), and (g)(1)(A) to carry out
member designated projects listed in the table in section
107(c).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(6) State.--The term ``State'' means the 50 States and the
District of Columbia.
(7) 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.
SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.
(a) Extension of Federal Surface Transportation Programs.--
(1) In general.--Unless 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, 2021, are incorporated by reference and shall
continue in effect through September 30, 2022.
(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 2022, for each
program under the covered laws with
respect to which amounts are authorized
to be appropriated from such account
for fiscal year 2021, an amount equal
to the amount authorized for
appropriation with respect to the
program from such account for fiscal
year 2021.
(II) Administrative expenses.--
Notwithstanding any other provision of
this division, there is authorized to
be appropriated from the Highway
Account for fiscal year 2022--
(aa) $516,000,000 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.--
(I) In general.--There is authorized
to be appropriated from the Mass
Transit Account for fiscal year 2022,
for each program under the covered laws
with respect to which amounts are
authorized to be appropriated from such
account for fiscal year 2021, an amount
equal to the amount authorized for
appropriation with respect to the
program from such account for fiscal
year 2021.
(II) 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
2022.
(B) General fund.--
(i) In general.--Except as provided in
clauses (ii) and (iii), there is authorized to
be appropriated for fiscal year 2022, for each
program under covered laws with respect to
which amounts are authorized to be appropriated
for fiscal year 2021 from an account other than
the Highway Account or the Mass Transit
Account, an amount not less than the amount
authorized for appropriation with respect to
the program under the covered laws for fiscal
year 2021.
(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 2022 $131,500,000 for
necessary administrative expenses of the
Federal Transit Administration.
(iii) Capital investment grants.--
Notwithstanding any other provision of this
division, there is authorized to be
appropriated from the general fund of the
Treasury for fiscal year 2022 $3,250,000,000 to
carry out section 5309 of title 49, United
States Code.
(3) Use of funds.--Except as otherwise provided in this
division, amounts authorized to be appropriated for fiscal year
2022 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 2021
under the covered laws.
(4) Obligation limitation.--
(A) In general.--Except as provided in subparagraph
(B), 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 2022 in the
same amount and in the same manner as the limitation
applicable with respect to the program for fiscal year
2021 under the title I of the Transportation, Housing
and Urban Development, and Related Agencies
Appropriations Act, 2021 (Public Law 116-260).
(B) Federal-aid highway and highway safety
construction programs.--
(i) In general.--Notwithstanding any other
provision of this section, section 1102 of the
FAST Act (Public Law 114-94), section 1101 of
title I of division B of the Continuing
Appropriations Act, 2021 and Other Extensions
Act (Public Law 116-159), or title I of the
Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2021
(Public Law 116-260), for fiscal year 2022, the
obligations for Federal-aid highway and highway
safety construction programs shall not exceed
$46,400,294,311.
(ii) Limitation on federal highway
administration administrative expenses.--
Notwithstanding any other provision of this
section, of the amount described in clause (i),
for fiscal year 2022 an amount not to exceed
$492,000,000 together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for
necessary expenses for administration and
operation of the Federal Highway Administration
or transferred to the Appalachian Regional
Commission for administrative activities
associated with the Appalachian Development
Highway System.
(b) Nationally Significant Freight and Highway Projects.--Section
117(d)(2)(A) of title 23, United States Code, is amended in the matter
preceding clause (i)--
(1) by striking ``$600,000,000'' and inserting
``$700,000,000''; and
(2) by striking ``2021'' and inserting ``2022''.
(c) Disadvantaged Business Enterprises.--Section 1101(b) of the FAST
Act (Public Law 114-94) (except for the requirements related to gross
receipts under paragraph (2)(A)(ii) of such section) shall apply to
amounts made available under sections 102, 103, 104 of this division.
(d) Definitions.--In this section, the term ``covered laws'' means
the following:
(1) Section 1101 of title I of division B of the Continuing
Appropriations Act, 2021 and Other Extensions Act (Public Law
116-159).
(2) Titles I, III, IV, V, and VI of division A of the FAST
Act (Public Law 114-94).
(3) 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).
(4) Titles I, II, and III of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244).
(5) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public
Law 109-59).
(6) Titles I, II, III, IV, and V of the Transportation Equity
Act for the 21st Century (Public Law 105-178).
(7) Titles II, III, and IV of the National Highway System
Designation Act of 1995 (Public Law 104-59).
(8) 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).
(9) Title 23, United States Code.
(10) Sections 116, 117, 330, and 5505 and chapters 53, 139,
303, 311, 313, 701, and 702 of title 49, United States Code.
SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID HIGHWAY PROGRAM AND
MEMBER DESIGNATED PROJECTS.
(a) Authorization of Appropriations.--
(1) In general.--In addition to amounts authorized under
section 102, there is authorized to be appropriated from the
Highway Account for fiscal year 2022, for activities under this
section, $14,742,808,640.
(2) Contract authority.--Amounts authorized to be
appropriated under paragraph (1) shall be available for
obligation as if apportioned under chapter 1 of title 23,
United States Code.
(b) Obligation Authority.--
(1) In general.--
(A) Amount.--Notwithstanding any other provision of
law, for fiscal year 2022, obligations for activities
authorized under subsection (a) shall not exceed
$14,742,808,640.
(B) Period of availability.--
(i) In general.--Except as provided in clause
(ii), obligation authority made available under
this paragraph shall--
(I) remain available until September
30, 2025; and
(II) be in addition to the amount of
any limitation imposed on obligations
for Federal-aid highway and highway
safety construction programs for fiscal
year 2022 under section 102 or future
fiscal years under any other provision
of law.
(ii) Exception.--Except as provided in
subsection (i)(2)(E), obligation authority
associated with a member designated project
shall remain available until expended.
(2) Distribution of obligation authority.--
(A) In general.--Of the obligation authority provided
under paragraph (1), the Secretary shall make available
to States, Tribes, Puerto Rico, the territories, and
Federal land management agencies, during the period of
fiscal year 2022, amounts of obligation authority equal
to the amounts described in paragraphs (1) through (5)
of subsection (c), respectively.
(B) Further distribution.--Each State, each Tribe,
Puerto Rico, each territory, and each Federal land
management agency receiving funds under paragraphs (1)
through (5) of subsection (c), respectively, shall
receive an amount of obligation authority equal to the
funds received under any of such paragraphs.
(c) Distribution of Funds.--Amounts authorized to be appropriated for
fiscal year 2022 under subsection (a) shall be distributed as follows:
(1) $14,343,545,973 to the States.
(2) $167,481,814 to Tribes.
(3) $52,400,251 to Puerto Rico.
(4) $55,012,918 to the territories.
(5) $124,367,684 to Federal land management agencies.
(d) Supplemental State Funds.--
(1) Distribution.--
(A) Among states.--Amounts distributed to States
under subsection (c)(1) 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 2022.
(B) Within a state.--Of the amount distributed to a
State under subparagraph (A)--
(i) the amount specified in section 107 for
each member designated project in the State
shall be reserved to carry out such project;
and
(ii) any remaining amount shall be available
to the State under paragraph (2).
(2) Treatment.--Funds made available under paragraph
(1)(B)(ii) shall be--
(A) available for activities eligible under section
133(b) of title 23, United States Code, subject to
subsection (c) of such section; and
(B) administered as if apportioned under chapter 1 of
title 23, United States Code.
(e) Tribal Funds.--Amounts distributed to Tribes under subsection
(c)(2) shall be--
(1) available for activities eligible under the tribal
transportation program under section 202 of title 23, United
States Code; and
(2) administered as if allocated under section 202 of title
23, United States Code, except that the set-aside described in
subparagraph (C) of section 202(b)(3) of such title and
subsections (a)(6), (c), (d), and (e) of section 202 of such
title shall not apply to such funds.
(f) Puerto Rico Funds.--
(1) Distribution.--Of the amount distributed to Puerto Rico
under subsection (c)(3)--
(A) the amount specified in section 107 for each
member designated project in Puerto Rico shall be
reserved to carry out such project; and
(B) any remaining amount shall be available to Puerto
Rico under paragraph (2).
(2) Treatment.--Funds made available under paragraph (1)(B)
shall be--
(A) administered as if allocated under section 165(b)
of title 23, United States Code;
(B) available for activities described under
paragraph (2)(C)(iii) of such section; and
(C) not subsection to subparagraph (A) or (B) of
paragraph (2) of such section.
(g) Territorial Funds.--
(1) Distribution.--Of the amount distributed to a territory
under subsection (c)(4)--
(A) the amount specified in section 107 for each
member designated project in the territory shall be
reserved to carry out such project;
(B) of amounts remaining after the distribution under
subparagraph (A), not more than $1,392,918 shall be
made available to American Samoa; and
(C) any remaining amount shall be available to the
territories as described under paragraph (2).
(2) Treatment.--Funds made available under subparagraphs (B)
and (C) of paragraph (1) shall be administered as if allocated
under, and available for activities described under, section
165(c) of title 23, United States Code.
(h) Federal Land Management Agency Funds.--
(1) Distribution.--Amounts distributed under subsection
(c)(5) shall be distributed among the Federal land management
agencies as follows:
(A) $99,494,147 for the National Park Service.
(B) $9,949,415 for the United States Fish and
Wildlife Service.
(C) $6,301,296 for the United States Forest Service.
(D) $8,622,826 to be allocated to the remaining
Federal land management agencies described in section
203(b) of title 23, United States Code.
(2) Treatment.--Funds made available under paragraph (1)
shall be--
(A) available for activities eligible under the
Federal lands transportation program under section 203
of title 23, United States Code; and
(B) administered as if allocated under section 203 of
title 23, United States Code.
(i) Member Designated Projects.--
(1) Treatment.--
(A) In general.--Member designated project funds
shall be available until expended, except as specified
in paragraph (2)(C)(iv).
(B) Requirements.--
(i) In general.--Except as specified in
paragraph (2)(C)(iv) or clauses (ii) or (iii),
member designated project funds shall be
administered as if apportioned--
(I) for a project eligible under
chapter 1 of title 23, United States
Code, under such chapter;
(II) for a project eligible under
chapter 2 of title 23, United States
Code, under such chapter; or
(III) for a project eligible under
chapter 53 of title 49, United States
Code, under such chapter.
(ii) Federal share.--Notwithstanding any
other provision of law, the Federal share of
the cost of a project assisted with member
designated project funds shall be determined in
accordance with section 120 of title 23, United
States Code, or, in the case of a transit
capital project, may be determined in
accordance with section 5323(i)(1) of title 49,
United States Code, if applicable.
(iii) Transit projects.--
(I) Transfers.--Member designated
project funds made available for
transit capital and planning projects
may be transferred to, and administered
by, the Secretary in accordance with
section 104(f) of title 23, United
States Code.
(II) Designated recipients.--Member
designated project authorizations
specified in section 107 distributed to
a State for transit capital and
planning projects shall be made
available for obligation to a
designated or direct recipient or
subrecipient under chapter 53 of title
49, United States Code, as specified in
section 107 or, if no such eligible
recipient is identified, to the
designated recipient in the location
specified in such section.
(2) Repurposing of funds.--
(A) In general.--
(i) Request.--Beginning on October 1, 2025,
except as described in clause (ii), if less
than 10 percent of the amount reserved for a
member designated project for a State, Puerto
Rico, or territory has been obligated, the
State, Puerto Rico, or a territory,
respectively, may submit to the Secretary, a
request to use, under subparagraph (B)--
(I) the unobligated amount reserved
for the member designated project; and
(II) the obligation authority that is
associated with such amount.
(ii) Completed projects.--If the project has
been completed and an unobligated amount
remains reserved for a member designated
project, a State, Puerto Rico, or territory may
submit to the Secretary certification that such
project has been completed (and the Secretary
shall verify such completion). Upon
verification, the State, Puerto Rico, or
territory, respectively, may use, under
subparagraph (B)--
(I) the unobligated amount reserved
for the member designated project; and
(II) the obligation authority that is
associated with such amount.
(B) Considerations.--In making the determination
under subparagraph (A)(i), the Secretary shall--
(i) consider whether the member designated
project can be completed with the amount
reserved for the member designated project and
other committed funds;
(ii) determine whether the public entity
serving as the project sponsor listed in the
Committee Report, or any subsequent report
superceding such Committee Report, accompanying
this Act supports the proposed repurposing; and
(iii) ensure that the proposed repurposing
would be used for a project with the same
eligible project type.
(C) Treatment.--Funds for which the Secretary
approves a request or verifies a completed project
under subparagraph (A)--
(i) may be used and shall be treated--
(I) for a request by a State, as if
such amount was made available under
subsection (d)(1)(B)(ii);
(II) for a request by Puerto Rico, as
if such amount was made available under
subsection (f)(1)(B); and
(III) for a request by a territory,
as if such amount was made available
under subsection (g)(1)(C);
(ii) shall be used within the location
described in subparagraph (D)(ii);
(iii) shall be subject to the Federal share
specified in section 120 of title 23, United
States Code, or, in the case of a transit
capital project, may be determined in
accordance with section 5323(i)(1) of title 49,
United States Code, as applicable; and
(iv) notwithstanding paragraph (1)(A)(ii),
shall remain available for obligation for a
period of 3 fiscal years after the last day of
the fiscal year in which the Secretary approves
the request.
(D) Location of projects.--Funds for which the
Secretary approves a request under subparagraph (A)
shall--
(i) for funds specified in section 107 to be
used within a metropolitan planning area (as
such term is defined in section 134(b) of title
23, United States Code), applied to an activity
within or predominantly serving such
metropolitan area;
(ii) for funds specified in section 107 to be
used within a political subdivision of a State,
applied to an activity within or predominantly
serving such political subdivision;
(iii) for funds specified in section 107 to
be used within Puerto Rico, applied to an
activity within Puerto Rico; and
(iv) for funds specified in section 107 to be
used within a territory, applied to an activity
within such territory.
(E) Obligation authority.--Notwithstanding subsection
(b)(1)(B)(ii), obligation authority that is repurposed
under this paragraph shall remain available for
obligation for a period of 3 fiscal years after the
last day of the fiscal year in which the Secretary
approves the request or verifies the completed project
under subparagraph (A).
SEC. 104. FEDERAL TRANSIT ADMINISTRATION.
(a) All Stations Accessibility Program.--
(1) In general.--The Secretary may make grants under this
subsection to assist eligible entities in financing capital
projects to upgrade accessibility for persons with disabilities
by increasing the number of covered stations that meet
(including exceeding) the new construction standards of title
II of the Americans with Disabilities Act of 1990 (42 U.S.C.
12131 et seq.).
(2) Eligible costs.--A grant awarded under this section shall
be used on a covered system for the purpose described in
paragraph (1) only--
(A) for a project to repair, improve, or relocate
station infrastructure at a covered station;
(B) to develop or modify a plan for pursuing public
transportation accessibility projects; or
(C) to carry out other projects at covered stations
that meet (including exceeding) the new construction
standards of title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et seq.).
(3) Eligible facilities.--The Secretary--
(A) may not provide a grant awarded under this
subsection to upgrade a station that is accessible to
and usable by individuals with disabilities, including
individuals who use wheelchairs, consistent with
current new construction standards under title II the
Americans with Disabilities Act of 1990 (42 U.S.C. 1231
et seq.); and
(B) may provide a grant to upgrade a station that is
not accessible and usable as described in paragraph
(1), even if related services, programs, or activities,
when viewed in entirety, are readily accessible and
usable as so described.
(4) Application.--To apply for a grant under this subsection,
an applicant shall provide to the Secretary such information as
the Secretary may require, including, at a minimum, information
on--
(A) the extent to which the proposed project will
increase the accessibility of a covered system;
(B) projected improvements in access to jobs,
community activities, and essential destinations
provided by such project;
(C) the applicant's plans to--
(i) enhance the customer experience and
maximize accessibility of rolling stock and
stations for individuals with disabilities;
(ii) improve the operations of, provide
efficiencies of service to, and enhance the
public transportation system for individuals
with disabilities; and
(iii) address equity of service to all riders
regardless of ability, including for riders of
differing abilities that are low-income,
seniors, or riders from communities of color;
and
(D) coordination between the applicant and disability
advocacy entities.
(5) Federal share.--The Federal share of the net project cost
of a grant provided under this subsection shall be 90 percent.
The recipient may provide additional local matching amounts.
(6) Grant requirements.--Except as otherwise provided under
this subsection, a grant provided under this subsection shall
be subject to the requirements of section 5307 of title 49,
United States Code.
(7) Grant solicitation.--The Secretary may provide funds
authorized under this subsection through 1 or more notices of
funding opportunity.
(8) Authorization of appropriations.--There is authorized to
be appropriated from the Mass Transit Account $1,000,000,000
for fiscal year 2022 to provide grants under this subsection.
(9) Availability of amounts.--Amounts made available under
this subsection--
(A) shall remain available for 4 fiscal years after
the fiscal year for which the amount is made available;
and
(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be made available
to other eligible projects.
(10) Definitions.--In this section:
(A) Covered station.--The term ``covered station''
means a rail fixed guideway public transportation
station for passenger use constructed prior to the date
of enactment of this Act.
(B) Covered system.--The term ``covered system''
means a rail fixed guideway public transportation
system that was in operation before July 26, 1990.
(C) Disability.--The term ``disability'' has the
meaning given such term in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102).
(D) Eligible entity.--The term ``eligible entity''
means a State or local governmental authority that
operates a rail fixed guideway public transportation
system that was in operation before July 26, 1990.
(b) Reducing Transit Deserts.--
(1) In general.--The Secretary may make grants under this
subsection to eligible recipients for eligible projects to
establish new bus service or increase the frequency of bus
service.
(2) Eligible projects.--Eligible projects under this
subsection are projects in eligible areas--
(A) to establish or enhance bus service with headways
equal to or shorter than 20 minutes for at least 18
hours per day in neighborhoods lacking such service;
(B) to establish or increase express lane transit
service that connects communities to jobs and essential
destinations, as long as such service will improve
mobility or expand affordable transportation options in
underserved communities; or
(C) to establish or enhance high-quality bus service
to community colleges and Minority Serving
Institutions, including Historically Black Colleges and
Universities.
(3) Eligible costs.--Eligible costs under this section
include--
(A) acquisition of vehicles;
(B) acquisition, installation, and construction of
bus stops, stations, and related infrastructure;
(C) construction or expansion of maintenance
facilities to support the new or enhanced service;
(D) maintenance activities to support the expanded
service; and
(E) operating expenses for up to 2 years beginning on
the first day of revenue service.
(4) Application.--To apply for a grant under this subsection,
an applicant shall provide to the Secretary such information as
the Secretary may require, including information on the extent
to which the project will--
(A) provide reliable and frequent connections to
jobs, education and workforce training, and essential
destinations;
(B) reduce air pollution and greenhouse gas
emissions; and
(C) support unserved and underserved populations and
communities.
(5) Federal share.--
(A) In general.--The Federal share of the net project
cost of a capital project carried out using a grant
under this subsection shall be 80 percent. The
recipient may provide additional local matching
amounts.
(B) Operating costs.--The Federal share of net
operating costs for a project carried out using a grant
under this subsection shall be not more than 50
percent.
(6) Grant requirements.--
(A) In general.--A grant under this subsection shall
be subject to the requirements of section 5307 of title
49, United States Code, for eligible recipients, except
operating expenses shall be eligible for funding under
this subsection for 2 years beginning on the first day
of revenue service in urbanized areas with populations
greater than 200,000.
(B) New or enhanced service.--The new or enhanced
service funded under this subsection shall be operated
for a period of at least 5 years.
(7) Grant solicitation.--The Secretary may provide funds
authorized under this subsection through 1 or more notices of
funding opportunity.
(8) Justice40 initiative.--In making competitive grants under
this subsection, the Secretary shall, to the extent
practicable, have a goal that 40 percent of the overall
benefits of the Federal investment flow to disadvantaged
communities, consistent with sections 219 and 223 of Executive
Order 14008 and related regulations, Executive Orders, and
administrative guidance.
(9) Availability of amounts.--Any amounts made available
under this subsection--
(A) shall remain available for 2 fiscal years after
the fiscal year for which the amount is made available;
and
(B) that remain unobligated at the end of the period
described in subparagraph (A) shall be made available
to other eligible projects.
(10) Authorization of appropriations.--There is authorized to
be appropriated out of the Mass Transit Account $1,000,000,000
for fiscal year 2022 to provide grants under this subsection.
(11) Definitions.--In this subsection:
(A) Eligible area.--The term ``eligible area'' means
a neighborhood or service area, as defined by the
Secretary, within an urbanized area that has a
population of more than 100,000 where fewer than 45,000
annual fixed route bus vehicle revenue miles per square
mile are operated.
(B) Eligible recipient.--The term ``eligible
recipient'' means--
(i) designated recipients that allocate funds
to fixed route bus operators or express lane
transit operators; or
(ii) State or local governmental entities
that operate or propose to operate fixed route
bus service or express lane transit.
(C) Express lane transit.--The term ``express lane
transit'' means an integrated combination of bus rapid
transit and tolled managed lanes that allows for
limited access entry of toll paying vehicles to
restricted lanes, while prioritizing transit's need and
use of available capacity in order to improve transit
performance.
(c) Federal Share Adjustments.--
(1) In general.--In addition to amounts made available under
section 5338(b) of title 49, United States Code, and section
102(a)(2)(B)(iii) of this division, there are authorized to be
appropriated for fiscal year 2022 such sums as may be necessary
to increase the Federal share, at the request of the project
sponsor, of a new fixed guideway, a core capacity improvement,
or a small starts project that is not open to revenue service
and that has received an allocation of funding in fiscal years
2019, 2020, or 2021.
(2) Criteria.--In making allocations under subparagraph (1),
the Secretary shall take into consideration the extent to which
the project sponsor demonstrates a need for a higher Federal
share, including the extent to which--
(A) a project sponsor made a local financial
commitment that exceeded the required non-Federal share
of the cost of the project; and
(B) a project sponsor has experienced, as a result of
the coronavirus public health emergency.
(3) Adjustment.--Notwithstanding any other provision of law,
if a project meets 1 or both of the criteria in paragraph (2),
the Secretary shall increase the Federal share of a project
under this section by up to 30 percent, up to a maximum of an
80 percent Federal share.
(4) Amount.--Amounts distributed under this subsection shall
be provided notwithstanding the limitation of any calculation
of the maximum amount of Federal financial assistance for the
project for a new fixed guideway, a core capacity improvement,
or a small start project.
SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2022.--
(1) In general.--
(A) Authorization of appropriations.--In addition to
amounts authorized under section 102, there is
authorized to be appropriated from the Highway Account
for fiscal year 2022, 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.
(C) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2022, obligations for
activities authorized under this paragraph and
obligations for activities authorized under section
102(a)(2)(A)(i)(II)(bb) that exceed amounts authorized
under section 4001(a)(6) of the FAST Act (Public Law
114-94) shall not exceed $247,783,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2022 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) 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, fiscal year 2022, 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.
SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2022.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized
under section 102, there is authorized to be
appropriated from the Highway Account for fiscal year
2022, for activities under this subsection,
$209,900,000.
(B) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2022, obligations for
activities authorized under this paragraph shall not
exceed $209,900,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2022 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.--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) 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--
(1) the acceleration of planned investments to modernize the
Administration's information technology and information
management systems;
(2) the completion of outstanding statutory mandates required
by MAP-21 (112-141) and the FAST Act (114-94); and
(3) a Large Truck Crash Causal Factors Study of the
Administration.
SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZATIONS.
(a) Member Designated Projects.--The amount listed for each member
designated project in the table in subsection (c) shall be available
(from amounts made available by paragraphs (1), (3), and (4) of section
103(c)) for fiscal year 2022 to carry out each such project.
(b) Savings Clause.--
(1) Additional information.--In administering member
designated projects, the Secretary shall consider the
additional information provided in the Committee Report, or any
subsequent report superceding such Committee Report,
accompanying this Act.
(2) Subsequent phases.--
(A) In general.--Subject to subparagraph (B), nothing
in the table in subsection (c), or in the Committee
Report, or any subsequent report superceding such
Committee Report, accompanying this Act, shall prevent
the Secretary, at the discretion of the Secretary, from
allowing a subsequent phase of a member designated
project to be carried out with funds reserved for such
project under subsection (c).
(B) Project sponsor concurrence.--The Secretary shall
only allow under this paragraph a subsequent phase of a
member designated project to be carried out with funds
reserved for such project under subsection (c) with the
concurrence of the project sponsor for such project
listed in the Committee Report, or any subsequent
report superseding such Committee Report, accompanying
this Act.
(3) Repurposing.--Nothing in the table in subsection (c), or
the Committee Report, or any subsequent report superceding such
Committee Report, accompanying this Act, shall prevent funds
reserved for a member designated project from being repurposed
as described in section 103(i)(2), provided that all
requirements in such section are satisfied.
(c) Project Designations.--The table in this subsection is as
follows:
----------------------------------------------------------------------------------------------------------------
No. Project Name City State/Territory Amount
----------------------------------------------------------------------------------------------------------------
1 Cowles Street Reconstruction Fairbanks AK 7,955,000
2 Replace Bridge 114.3 Anchorage AK 6,421,200
3 Seldon Road Extension, Phase Wasilla AK 5,623,800
2
4 Alabama State Highway 77 Southside AL 2,396,200
Northbound Bridge
Replacement Project
5 Lighting and Landscaping on I- Auburn AL 1,840,000
85 at Exit 57
6 Realignment of SR-22 to US- Roanoke AL 8,005,000
431
7 Red Bay Interchange Lighting Red Bay AL 860,000
at SR-24 (Corr V) and SR-19
8 Widening of Hwy 411 Moody AL 509,000
9 Bridge Replacement on CR-39 Montgomery AL 2,339,717
10 Bridge Replacement over Greene and Pickens AL 3,296,963
Sipsey River Counties
11 Dallas County--Bridge Dallas County AL 6,239,939
Replacement on SR-14
12 Resurfacing on US-43 Marengo County AL 1,616,000
13 Resurfacing on US-84 Choctaw County AL 1,616,000
14 Streetscape--Civil Rights Birmingham AL 2,000,000
District Freedom Trail
15 Streetscape--Richard Birmingham AL 1,969,664
Arrington Blvd Safety
Improvements
16 Future I-57 Clay County AR 20,000,000
17 56th Street Roadway Mobility Phoenix AZ 5,000,000
and Safety Improvements
18 5th/6th Street Complete Tucson AZ 7,000,000
Streets Project
............................. ........................ ........................ 3,500,000
............................. ........................ ........................ 3,500,000
19 77th Street Access Scottsdale AZ 1,102,748
Improvements
20 Chino Road Extension Phase II Douglas AZ 2,910,000
21 Cool Pavement Program Phoenix AZ 3,200,000
22 Davis Road Mileposts 5 & 13 Tombstone and McNeal AZ 4,000,000
23 Downtown Electric Vehicle Phoenix AZ 2,400,000
Charging Stations
24 Drexel Road Extension and Tucson AZ 5,000,000
Bridge Project
25 Electric Bus Infrastructure Flagstaff AZ 1,485,000
26 Flashing Yellow Arrow (FYA) Glendale AZ 800,000
Phase III
27 Grand Canalscape Improvements Phoenix AZ 5,000,000
Phase IV: 47th Avenue to
Interstate 17
28 Highline Canal Recreational Guadalupe AZ 501,824
Path Lighting Replacement
29 I-10, Loop 202 to SR 387 Phoenix AZ 5,000,000
30 Intersection Safety Phoenix AZ 5,760,000
Improvements at Six High-
Crash Locations in Phoenix
31 Kyrene Branch Canal Shared Chandler AZ 1,758,000
Use Path
32 Lone Tree Corridor Flagstaff AZ 8,000,000
33 Pathway Project, Baffert Dr Nogales AZ 1,220,169
to Nogales High School
34 Peters Road Widening Casa Grande AZ 5,000,000
35 San Xavier Road Pedestrian Tucson AZ 814,000
Pathway Project
36 Sonoran Corridor Tier II EIS Tucson AZ 5,000,000
37 South Campbell Avenue Tucson AZ 6,209,831
Complete Streets Project
38 Tempe/Mesa Streetcar Rio Tempe and Mesa AZ 4,000,000
Salado East Extension
39 Tucson Regional North-South Tucson AZ 6,512,000
Bus Rapid Transit (BRT)
Corridor
............................. ........................ ........................ 3,256,000
............................. ........................ ........................ 3,256,000
40 US89/ Lake Powell Blvd Page AZ 5,000,000
Roundabout
............................. ........................ ........................ 2,500,000
............................. ........................ ........................ 2,500,000
41 California State Route 57/60 Diamond Bar CA 18,000,000
Confluence Chokepoint Relief
Program
42 Cohasset Road Widening and Cohasset CA 900,000
Fire Safety Project
43 Commerce Center Drive Bridge, Unincorporated Los CA 3,666,666
Los Angeles County Angeles County
44 Creating the Next-Generation Santa Ana CA 1,280,000
Santa Ana Regional
Transportation Center
45 First Avenue Bridges Barstow CA 7,000,000
Replacement over Mojave
River and Overflows
46 First Street Pedestrian Santa Ana CA 4,000,000
Improvements
47 Fix 5 Cascade Gateway Redding CA 15,000,000
48 Harbor Boulevard Street Garden Grove CA 6,248,303
Improvements
49 Intersection Safety Anaheim CA 750,000
Improvements Projects
50 Interstate 10/Wildwood Canyon Yucaipa CA 1,000,000
Road Interchange Project
51 Interstate 15 (I-15)/State Escondido CA 20,000,000
Route 78 (SR-78) Managed
Lanes Project
52 Interstate 15 Corridor Corona CA 3,000,000
Operations Project
53 National Trail Highway Victorville CA 5,000,000
Widening
54 Plant 42 Access and Safety Palmdale CA 8,666,666
Enhancements
55 Quick Fix Circulation Santa Clarita CA 3,666,666
Improvement Project
56 Roe Road Extension Project-- Paradise CA 1,800,000
Phase 1
57 Scott Road/Bundy Canyon Road Menifee CA 12,000,000
Widening Project
58 Sequoia Avenue Railroad Grade Simi Valley CA 4,000,000
Crossing Upgrade
59 Southgate Interchange (EIR Chico CA 1,800,000
Only)
60 SR-210 5th Street Interchange Highland CA 3,000,000
61 State Route 41 Excelsior Fresno County CA 20,000,000
Corridor Project
62 Temescal Canyon Road Widening Corona CA 5,000,000
Project (El Cerrito Segment)
63 The Anaheim Way: Night Owl Anaheim CA 650,000
Transit Service
64 Transit Security & Operations Anaheim CA 5,000,000
Center
65 US395 Olancha-Cartago 4 Lane Olancha, Cartago CA 2,000,000
Project
66 ``I'' Street Operating San Bernardino CA 2,000,000
Maintenance Facility
Rehabilitation Project
67 Street Resurfacing Project Daly City CA 1,000,000
68 5 and 134 Freeway Electric Burbank CA 1,000,000
Vehicle DC Fast Charging
Network
............................. ........................ ........................ 500,000
............................. ........................ ........................ 500,000
69 7th Street Bridge Modesto CA 6,500,000
70 ADA Curb-Ramp and Sidewalk Long Beach CA 1,450,000
Improvements
71 Additional Mini Highs at San Francisco, CA 856,000
Caltrain Stations Burlingame, San Mateo,
Belmont, Palo Alto,
Mountain View,
Sunnyvale, San Jose,
Morgan Hill, San
Martin, and Gilroy
............................. ........................ ........................ 306,000
............................. ........................ ........................ 550,000
72 Agnew Siding Track Santa Clara CA 6,610,000
Infrastructure Project
73 Alder Avenue Improvements at Rialto CA 2,380,000
SR-210
74 Altadena Community Safe Altadena CA 480,000
Routes to School Plan
75 Amar Road Complete Streets La Puente CA 2,250,000
from Baldwin Park Boulevard
to Unruh Avenue,
Unincorporated West Puente
Valley, CA
76 Anaheim Street Corridor Long Beach CA 12,000,000
Improvements
77 Antioch Bicycle Garden Antioch CA 2,000,000
78 Appian Way Pedestrian El Sobrante CA 2,000,000
Crossing Enhancements
79 Arcade-Cripple Creek Trail Citrus Heights and CA 1,100,000
(formerly Electric Greenway Orangevale
Trail)
80 Arrow Highway Median Island Azusa CA 3,000,000
Installation Project from
Azusa Avenue to Citrus
Avenue
81 Arrow Highway Rehabilitation San Dimas CA 1,600,000
Project from East City Limit
to West City Limit
82 Artesia Great Boulevard Long Beach CA 8,000,000
83 At-grade Caltrain Crossing San Mateo CA 3,000,000
Safety Project--E. Bellevue
Avenue and Villa Terrace
84 Atlantic Avenue Improvements Los Angeles CA 5,200,000
85 Atwater-Merced Expressway Merced CA 2,000,000
(AME) Phase 1B Right of Way
acquisition
86 Azusa Avenue Pedestrian West Covina CA 3,000,000
Handicap Accessibility &
Signal Synchronization
Improvements Project
87 Bay Bridge Forward - I-80/ Emeryville and Oakland CA 3,000,000
Powell Street Transit Access
and I-80 Westbound Bus Lane
Extension
88 Bay Trail at Shoreline Park San Leandro CA 3,000,000
89 Bay Trail Connectivity--Vista Sausalito CA 1,300,000
Point Bay Trail
90 Belmont Alameda de las Pulgas Belmont CA 2,400,000
Corridor Project
91 Beverly and Robertson West Hollywood CA 3,000,000
Boulevards Complete Street
Improvements
92 Boulder Creek Complete Boulder Creek CA 1,500,000
Streets Improvements Project
93 Broadway Rehabilitation Glendale CA 2,008,000
Project
94 Build a non-motorized multi- Cayucos CA 4,000,000
use path along State Route
1, connecting the
communities of Morro Bay and
Cayucos in San Luis Obispo
County
95 Bus/Rail Support Facilities San Diego CA 2,000,000
and Equipment (Trolley Yard
Expansion Project)
96 Cabrillo Mole Phase II Avalon CA 6,700,000
97 Caltrain Crossing San Jose CA 315,000
Optimization Project
98 Camino Pablo Pathway Orinda CA 528,000
Rehabilitation Project
99 Capital SouthEast Connector-- Folsom CA 2,000,000
Segment D3 Class 1 Multi-Use
Path and Broadband
100 Central Avenue Safety Alameda CA 1,800,000
Improvement Project -
Additional Roundabout
101 Central Mobility Hub Pre- San Diego CA 25,000,000
Construction Project
............................. ........................ ........................ 12,500,000
............................. ........................ ........................ 12,500,000
102 Chandler Blvd Bike Path Gap Los Angeles CA 400,000
Closure
103 Chapman Avenue/Lamplighter Garden Grove CA 400,000
Street Traffic Signal
104 Chip Seal Program Lakeport CA 2,288,000
105 City of Ojai Electric Trolley Ojai CA 440,000
106 City of San Fernando Fixed City of San Fernando CA 1,340,000
Trolley Service - Electric
Buses
107 City of San Fernando Sidewalk City of San Fernando CA 844,800
Repair Project
108 City of Vista Sidewalk Vista CA 820,368
Improvement Project on
Nevada Avenue and Lemon
Avenue
109 Community Beautification Glendale CA 2,400,000
Project
110 Cool Neighborhood Projects Los Angeles CA 1,000,000
111 Covina Grade Crossing Safety Covina CA 3,000,000
Projects throughout
Metrolink Corridor
112 Cudahy Citywide Complete Cudahy CA 1,700,000
Streets Improvement Project
113 CUFC--Washington Street Stockton CA 1,200,000
Widening Project
114 Culver CityBus Fleet Culver City CA 3,500,000
Electrification Facility
Infrastructure
115 Del Amo Boulevard Bridge Cerritos CA 18,000,000
Replacement and Signal
Enhancements Project
116 Destination Crenshaw Los Angeles CA 7,600,000
Streetscape Improvement
Project
117 Downtown Mobility Phase 3A San Diego CA 5,600,000
118 Duarte--Donald & Bernice Duarte CA 1,225,000
Watson Multi-Use Pathway
Improvement Project
119 East Bayshore Road Safety East Palo Alto CA 1,000,000
Improvements
120 East Los Angeles Community Los Angeles CA 800,000
Mobility
121 East Oakland Hydrogen Fueling Oakland CA 2,000,000
Upgrade
122 East San Fernando Valley Van Nuys and North CA 1,797,312
Traffic Signals on the High Hollywood
Injury Network
123 East San Fernando Valley Van Nuys, Arleta, CA 1,236,000
Transit Corridor (ESFVTC) Pacoima
Transit-Oriented Community
(TOC) Plan
124 East San Fernando Valley City of San Fernando to CA 10,000,000
Transit Corridor Project Van Nuys
125 East San Jose Corridor Safety San Jose CA 4,700,000
Improvement Project
126 El Camino Real to Via De San Diego CA 2,500,000
LaValle
127 El Cerrito del Norte Area TOD El Cerrito CA 2,244,000
Complete Streets
Improvements Project
128 Electric Vehicle Car Share San Pedro CA 120,650
Program
129 Elm Avenue Road Diet Fresno CA 3,750,000
Reconstruction and Class IV-
Ventura/California to North
Avenue
130 Embarcadero Station Platform San Francisco CA 6,250,000
Elevator Capacity and
Redundancy Project
131 Emerald Necklace Quarry Clasp Arcadia CA 1,548,800
Peck Park Trail
132 Evelyn Avenue Multi-Use Trail Sunnyvale CA 3,800,000
133 Flint Canyon Trail Repair/ La Canada Flintridge CA 4,800,000
Restoration
134 Florence A Line FLM Los Angeles CA 4,000,000
Improvements
135 Francisquito Avenue Metrolink Baldwin Park CA 2,300,000
At-Grade Safety Improvements
136 Gardena GTrans Zero-Emission Gardena CA 4,400,000
Bus Project
137 Garfield Avenue Complete San Pedro CA 1,500,000
Streets
138 Glendora People Movement Glendora CA 5,000,000
139 Gold Line Light Rail Low Folsom and Rancho CA 1,913,788
Floor Station Conversion Cordova
140 Golden Gate Bridge Physical San Francisco CA 6,550,000
Suicide Deterrent System
(SDS) Project
141 Hale Avenue/Santa Teresa Morgan Hill CA 800,000
Expressway Extension Phase
2A
142 Harbor Drive 2.0 San Diego and National CA 800,000
City
............................. ........................ ........................ 400,000
............................. ........................ ........................ 400,000
143 Hawthorne--120th Street Hawthorne CA 950,000
Improvement Project
144 High Voltage Conversion Fed City of Los Angeles CA 347,200
Program Unit 2
145 Highland Avenue and Wabash Redlands CA 400,000
Avenue Intersection
Improvement Project
146 Highway 1 North Bicycle/ Half Moon Bay CA 1,000,000
Pedestrian Improvements
Project
147 Highway 116/West Cotati Cotati CA 2,000,000
Intersection Safety
Improvement Project
148 Highway 24 LaMorinda Smart Orinda and Lafayette CA 2,000,000
Signal System project
149 Highway 9 Safety Improvement Monte Sereno CA 520,000
Project
150 Highways to Boulevards Los Angeles CA 480,000
151 I Street Bridge Replacement Sacramento and West CA 15,000,000
Project Sacramento
152 I-405 Sepulveda Pass (Phase Los Angeles CA 5,000,000
1) ExpressLanes
153 I-505 Vaca Valley Parkway Vacaville CA 4,000,000
Corridor Multimodal
Improvements Project
154 Inglewood Transit Connector Inglewood CA 9,200,000
(ITC)
155 Interstate 15 Northern Jurupa Valley and CA 20,000,000
Extension (I-15 NEXT) Eastvale
156 Jepson Parkway Vanden Road Fairfield CA 7,460,000
Complete Streets Project to
Travis Air Force Base
157 LA Streetcar Power Utility Los Angeles CA 2,000,000
Relocations
158 Lawndale--Redondo Beach Blvd Lawndale CA 1,000,000
Project
159 Leesdale Passing Siding Camarillo CA 6,000,000
Extension and Upgrade,
Ventura County, CA
160 Leucadia Streetscape Phase 2 Encinitas CA 4,000,000
(Shown in the TransNet as
North Coast Highway 101
Beautification)
161 Liberty Canyon (Crossing) Agoura Hills CA 5,000,000
162 Link Union Station Los Angeles CA 5,000,000
163 Los Nietos Sunshine Shuttle Unincorporated Los CA 480,000
Electric Bus Replacement Nietos
164 LOSSAN Corridor Improvements Del Mar CA 12,500,000
165 Malaga Bridge Project Fontana CA 15,000,000
166 Market Avenue Complete Street N. Richmond CA 2,170,000
167 Melrose Avenue Complete West Hollywood CA 4,944,149
Street Improvements
168 Metro Purple Line Beverly/ City Beverly Hills CA 5,000,000
Wilshire North Portal
Project
169 Middle Avenue Pedestrian/ Menlo Park CA 6,500,000
Bicycle Rail Crossing
Project
170 Mission Bl/ Pine St Safety Fremont CA 2,000,000
Improvement Project
171 Mobility for All Project N. Richmond and Bay CA 2,000,000
Point
172 Mobility Wallet Demonstration Los Angeles County CA 4,000,000
and Research Study
173 Monroe Street Interchange Indio CA 20,000,000
Project
174 Napa Valley Vine Trail-- St. Helena CA 3,000,000
Yountville to St. Helena
175 New Traffic Signal at Los Angeles CA 710,000
Morrison and Sepulveda
176 New Traffic Signal at Plummer Los Angeles CA 710,400
and White Oak Avenue
177 New Traffic Signal at Scott Fremont CA 950,000
Creek Rd/ Zinfandel St
178 New Transit Maintenance Commerce CA 2,000,000
Facility
179 North San Jose Bike Plan San Jose CA 3,838,348
Implementation
180 Oakland 7th St Bike/Ped Oakland CA 2,500,000
Improvements
181 Oakland Alameda Access Oakland and Alameda CA 2,996,000
Project
182 Ojai Avenue Pedestrian Ojai CA 440,000
Crossing Safety Lighting
Improvements
183 Old I Street Bridge Deck West Sacramento CA 4,150,000
Conversion for Active
Transportation Project
184 Old Town Streetscape Phase 2 Elk Grove CA 2,000,000
185 Olive/Magnolia Bridge Safety Burbank CA 2,000,000
Barrier Rail Project
186 Otay Mesa Truck Route Phase 4 San Diego CA 1,300,000
187 Overlook and Viewpoint Smith River CA 500,000
Improvements to end of Mouth
of Smith River Road
188 Pacific Coast Highway at City of Torrance CA 652,800
Crenshaw Boulevard
Intersection Capacity
Enhancements
189 Parkway Drive and Merced El Monte CA 2,600,000
Street Bicycle and
Pedestrian Improvements
190 Pedestrian, ADA, Traffic Temple City CA 6,200,000
Signal and Pavement
Improvements along Bus
Routes
191 Pine Avenue Extension Chino CA 5,000,000
192 Port of Hueneme Intermodal Oxnard CA 3,000,000
Improvement Project to
Modernize the Port Wharf and
Pier and Cargo Facilities
193 Port of Oakland Solar, Oakland CA 1,000,000
Battery Storage and Electric
Vehicle Truck Charger
Deployment
194 Puddingstone Drive Bicycle La Verne CA 998,000
and Pedestrian Project
195 Purchase of eleven Battery- San Luis Obispo CA 5,000,000
Electric Buses--SLORTA
196 Quint-Jerrold Connector Road San Francisco CA 7,200,000
197 Rail to Rail/River Active Los Angeles CA 5,000,000
Transportation Corridor
Project
198 Reche Canyon Road Alignment Colton CA 4,452,000
199 Replacement of 2nd Street San Bernardino CA 2,000,000
Bridge over Warm Creek
200 Resilient State Route 37 Sonoma CA 7,000,000
Corridor Enhancement Program
201 Richmond Parkway Transit Richmond CA 1,000,000
Center and Freeway Access
Improvements
202 San Fernando Road Bike Path Sun Valley and North CA 594,027
Phase III Hollywoood
203 San Francisco Bay Area Rapid Oakland, San Leandro, CA 3,000,000
Transit (BART) Station Berkeley
Restroom and Lighting
Enhancements
204 San Francisco Bay Area lameda, Contra Costa, CA 5,000,000
regional advance mitigation and Santa Clara
program counties
205 San Pablo Avenue Pinole CA 742,000
Rehabilitation, City Limits
to Pinole Shores
206 San Rafael Channel Crossing San Rafael CA 2,000,000
Swing Bridge
207 Santa Cruz METRO Bus Santa Cruz CA 1,840,000
Replacements
208 Santa Cruz Paratransit Vans Santa Cruz CA 505,750
Replacement Project
209 Saratoga Pedestrian Walkway Saratoga CA 1,200,000
Project
210 Scotts Creek Coastal Unincorporated Santa CA 3,500,000
Resiliency Project Cruz County north of
Davenport
211 Sepulveda Transit Corridor City of Los Angeles CA 10,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
212 Serramonte Boulevard and Colma CA 400,000
Serramonte Center Driveway
Traffic Signal
213 Sharp Park Priority Pacifica CA 960,000
Development Area (PDA)
Access Resurfacing Project
214 Slauson Avenue Congestion Huntington Park CA 1,000,000
215 SMART Russian River Rail Healdsburg CA 13,606,840
Bridge Rehabilitation
216 Solar Energy Project (Phase Stockton CA 5,300,000
2)
217 SR 86 Improvement Project Imperial CA 3,000,000
218 SR128/I-505 Overcrossing (Br. Winters CA 8,540,000
22-0110)/Russell Blvd
Bicycle and Pedestrian
Improvements
219 State Route 11/Otay Mesa East San Diego CA 12,500,000
Port of Entry
220 State Route 132 West Project Modesto CA 12,000,000
221 State Route 25 Expressway Hollister CA 10,000,000
Conversion and State Route
25/156 Interchange Project
222 State Route 37 and Vallejo CA 4,000,000
Fairgrounds Drive
Interchange Improvements
223 State Route 99 Madera South-- Madera CA 10,000,000
Operational Improvement
Project
224 Stockton Rail Maintenance Stockton CA 6,715,000
Facility Expansion
225 Sustainable Mobility Redlands CA 1,756,630
Expansion Project
226 Tarzana Crossing Great Tarzana--Los Angeles CA 500,000
Streets Project
227 The Highway 101 Multimodal Santa Barbara CA 11,000,000
Corridor Project from Santa
Barbara to Montecito with
improvements on Highway 101
(SB-101-PM 9.1/12.3) and
Adjacent Local Streets
including the Cabrillo
Boulevard Bicycle and
Pedestrian Improvement
Project
228 Thornton Avenue Pavement Newark CA 2,000,000
Rehabilitation
229 Torrance to Florence Bus Torrance CA 4,432,924
Service
230 Track Rehabilitation of the City of Rancho CA 2,000,000
San Bernardino Line Cucamonga, California
spanning to the City of
Montclair, California
including the cities of
Rancho Cucamonga,
Upland, and Montclair
231 Traffic Signal System Danville, Walnut Creek, CA 6,000,000
Upgrades on I-680 Project Concord, Pleasant Hill
232 Tri MyRide Fleet Expansion Antioch CA 1,760,000
Project
............................. ........................ ........................ 880,000
............................. ........................ ........................ 880,000
233 TRI-CONNECT, SoCal Freight Los Angeles CA 3,357,895
Initiative
234 U.S. 101 and Del Norte Oxnard CA 3,000,000
Boulevard Interchange
235 Union Street Protected Bike Pasadena CA 1,600,000
Lanes
236 US 101 / Woodside Interchange Redwood City CA 2,500,000
Improvement
237 US 101 Safety Improvements-- Salinas and Chualar CA 2,000,000
South of Salinas (Monterey County)
238 US 101/SR 25 Interchange Gilroy CA 5,000,000
Phase 2--Santa Teresa
Boulevard Extension
239 US-101 Managed Lane Project San Mateo CA 10,000,000
North of I-380
240 Valley Link--Implementation Livermore CA 20,000,000
of Sustainability Blueprint
241 Vasco Road Safety Byron CA 3,905,000
Improvements Phase II
242 Vermont Transit Corridor Los Angeles CA 10,000,000
Improvements
............................. ........................ ........................ 3,900,000
............................. ........................ ........................ 6,100,000
243 Walnut Park Bus Stop Walnut Park CA 1,200,000
Improvements
244 Walnut Park Pedestrian Plan Walnut Park CA 1,200,000
Implementation
245 Warm Springs Grade Crossing San Jose CA 7,703,100
Improvements
246 West Berkeley Bicycle and Berkeley CA 704,000
Pedestrian Improvements
247 West San Jose Priority San Jose CA 3,285,680
Bikeways Implementation
Project
248 West Santa Ana Branch Transit Los Angeles CA 5,000,000
Corridor
249 West Valley Connector Bus San Bernardino CA 5,000,000
Rapid Transit--Phase 1, and
Zero-Emission Bus Initiative
250 White Rock Road--0.5 Miles Rancho Cordova CA 12,307,000
East of Rancho Cordova
Parkway to the Easterly City
Limits
251 Widen Central Ave to add new Camarillo CA 4,000,000
Class II Bike Lanes near
U.S. 101 to the northwest
city limits
252 Wilmington Waterfront-Avalon Wilmington CA 1,000,000
Pedestrian Bridge
253 Woodman Ave. Pedestrian Panorama City CA 3,256,591
Improvement Project
254 Ygnacio Valley Road Project Walnut Creek CA 1,000,000
255 Yosemite Area Regional Merced CA 2,250,000
Transportation System
256 Zero Emission Bus Oxnard CA 1,675,000
Replacements, Charging
Infrastructure and Zero
Emissions Job Training
257 Zero Emission Buses and Wilmington CA 5,000,000
Charging Infrastructure
258 Zero Emissions Bus Purchase-- Pasadena CA 2,100,000
Pasadena, CA
259 16th St Mall Reconstruction Denver CO 6,530,000
Program
260 Aurora Bicycle and Pedestrian Aurora CO 800,000
Master Plan Update
261 Big Barnes Ditch Trail Loveland CO 500,000
Improvements
262 Cameron Peak Post-Fire Larimer County CO 2,000,000
Emergency Funding
263 Central Corridor Rail Denver CO 7,930,000
Replacement
264 CO 9 Widening from Iron Summit County CO 1,000,000
Springs to Frisco
265 Easter/Havana Intersection Centennial CO 6,000,000
Improvements
266 Eisenhower Johnson Memorial Dillon CO 4,000,000
Tunnel (EJMT) Repairs and
Upgrades
267 Expansion of Gun Club Road Aurora CO 1,500,000
268 Federal Parkway Multimodal Westminster CO 4,107,114
Transportation Improvements
269 Frisco Transit Center Frisco CO 6,650,000
270 I-25 Valley Highway: Phases 3 Denver CO 5,530,000
and 4 ROW Acquisition
271 I-25/Belleview Avenue Greenwood Village CO 10,000,000
Interchange Improvements
272 I-70 and 32nd Ave. Bridge Wheat Ridge CO 2,000,000
Replacement
273 SH-72 (Indiana St) Widening Arvada CO 1,095,872
at UPRR
274 State Highway 119 and State Boulder County CO 5,000,000
Highway 52 Multimodal
Intersection Improvements
275 US 36 and Community Drive Estes Park CO 850,000
Roundabout
276 Wadsworth Widening: 35th Wheat Ridge CO 10,000,000
Avenue to I-70
277 West Colfax Pedestrian Safety Lakewood CO 1,750,000
and Infrastructure Project
278 Branchville Transit Oriented Ridgefield CT 1,853,120
Development Pedestrian/
Bicycle Improvement
279 Comstock Brook Bridge (No. Wilton CT 2,400,000
04975) Replacement
280 Coventry Main Street Sidewalk Coventry CT 1,200,000
Project Final Extension
281 CT-195 (Storrs Road) Mansfield CT 2,240,000
Pedestrian Safety
Improvements
282 East Haddam/Haddam Swing East Haddam CT 5,000,000
Bridge Rehabilitation
Project
283 Essex River Road Bridge and Essex CT 2,400,000
Sidewalk Project
284 Five Mile River Bridge (No. Norwalk CT 2,860,000
04152) Replacement
285 Greater Hartford Mobility Hartford and East CT 16,000,000
Study - Planning and Hartford
Preliminary Engineering
286 Greenwich Creek Bridge (No. Greenwich CT 2,530,000
01872) Replacement
287 Harbor Brook Bridge (No. Meriden CT 2,800,000
04185) Replacement Project
288 Intersection Improvements on Danbury CT 3,332,000
Route 39 at Beckerle Street
and East Gate Road
289 Mill River Bridge (No. 04953) Fairfield CT 2,700,000
Replacement
290 New Haven Downtown Crossing New Haven CT 20,000,000
Phase 4 - Temple Street
Crossing
291 New London Pedestrian Bridge New London CT 4,860,000
and Public Access Project
292 Park Avenue Traffic Signals Bridgeport CT 2,686,000
293 Quinebaug River Trail - Plainfield CT 2,179,953
Plainfield Section
294 Route 10 Hop Brook Bridge Simsbury CT 2,400,000
(No. 00653) Replacement
Project
295 Route 109 Bridge (No. 05417) Morris CT 1,520,000
Replacement Project
296 Route 202 Intersection Brookfield CT 7,400,000
Improvement Project
297 Route 25 Bridge (No. 06750) Trumbull CT 1,464,000
Rehabilitation
298 Stamford Transportation Stamford CT 3,500,000
Center Improvement
299 20 x 22 Protected Bike Lanes Washington DC 3,000,000
300 Arboretum Bridge and Trail Washington DC 4,000,000
301 Bus Priority Program Washington DC 4,000,000
302 H Street Bridge Washington DC 3,000,000
303 Metropolitan Branch Trail-- Washington DC 3,000,000
Fort Totten to Takoma
304 Pavement Restoration, Washington DC 3,000,000
National Highway Performance
Program
305 US 113/SR 20 Grade Separated Millsboro DE 10,000,000
Intersection
306 West Camden Bypass Camden DE 10,000,000
307 Approach Road at Cecil Air Jacksonville FL 600,000
and Space Port
308 Card Sound Bridge Replacement Key Largo FL 4,200,000
Planning and Design Project
309 City of South Miami South Miami FL 4,330,000
Pedestrian Bridge
310 Commodore Trail Missing Link Miami / Coral Gables FL 999,205
311 Dunedin Causeway Bridge Dunedin FL 8,000,000
Project
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 3,000,000
312 Harborview Road from Port Charlotte FL 20,000,000
Melbourne Street to I-75
313 Marlin Road Roadway Cutler Bay FL 8,800,000
Improvements Project
314 Miami River Greenway--Curtis Miami FL 2,392,000
Park East
315 Midway Road Multimodal/ Port St. Lucie FL 15,000,000
Freight Improvements and
Florida's Turnpike
Connection
316 North Bay Village 79th Street North Bay Village FL 1,000,000
Complete Streets Project
317 Port St. Lucie Boulevard Port St. Lucie FL 5,000,000
South--Segment 2.2
(Alcantarra Boulevard to
Paar Drive)
318 PortMiami Shore Power Pilot Miami FL 2,000,000
Program
319 Reconstruction of State Road Lakeland FL 20,000,000
33/Interstate 4 Interchange
(Exit 38)
320 Ridge Road Extension Phase 2B Unincorporated Pasco FL 15,000,000
County
321 Alleyways Drainage Miami Gardens FL 240,000
Improvement Project
322 Breakers Avenue Streetscape City of Fort Lauderdale FL 5,200,000
Project
323 Cass Street Bridge Tampa FL 5,116,000
Rehabilitation
324 Central Florida Regional Orlando FL 1,032,500
Transportation Electronic
Contactless Payment System
325 City of West Palm Beach Grand West Palm Beach FL 1,200,000
View Heights Street
Pedestrian Safety
Improvements Phase 2
326 Corrine Drive Complete Orlando FL 6,900,000
Streets Project
327 County Line Road Improvement West Park FL 944,000
Project
328 Crystal Lake Drive Project City of Deerfield Beach FL 389,088
329 E.E. Williamson Road Trail Longwood FL 4,346,000
Connect
330 Econlockhatchee Trail Orlando FL 8,193,500
Multimodal Corridor
Improvements
331 Flavor Pict Road from Lyons Delray Beach FL 4,780,000
Road to Hagen Ranch Road
332 Gulf to Bay (SR60) Duke Clearwater FL 6,000,000
Energy Trail Overpass
333 HART Bus Shelter Tampa FL 6,990,100
Revitalization and Expansion
334 Hinson Avenue Widening Haines City FL 1,375,000
Project
335 International Drive and Sand Orlando FL 7,000,000
Lake Road (SR 482)
Pedestrian Bridge
336 InVision Tampa Streetcar Tampa FL 7,700,000
337 Johnson Street Bridge Hollywood FL 2,904,000
Replacement Project
338 JTA's Sustainability and Jacksonville FL 2,315,840
Renewable Energy Transit
Facility (Project ID 425454-
2)
339 Lake Monroe Loop Trail Sanford FL 3,313,181
340 Lowson Boulevard from Dover Delray Beach FL 1,106,296
Road to Federal Highway
341 Loxahatchee Rd. from Arthur City of Parkland FL 5,000,000
Marshall Loxahatchee Refuge
to SR-7/US-441
342 Lyons Road Pedestrian City of Coconut Creek FL 2,700,000
Mobility Lighting and Safety
Project
343 Magnolia Drive Trail - Phase Tallahassee FL 5,000,000
1, 2, & 4 (Project ID:
4098037)
344 Marigold Ave from San Lorenzo Poinciana FL 4,731,586
Rd to Peabody Rd (4
Roundabouts)
345 Neptune Road Widening and Kissimmee FL 5,000,000
Improvement Project
346 NW 183rd to 191st Street and Miami Gardens FL 1,200,000
NW 27th to 42nd Avenue Road
and Sidewalk Project
347 NW 187th Street to NW 199th Miami Gardens FL 960,000
Street, from NW Sunshine
State Parkway East to NW
12th Avenue Area-Road
Resurfacing, Sidewalks, and
Drainage Improvement Project
348 NW 191st to 199th Street and Miami Gardens FL 600,000
NW 2nd to 7th Avenue Roadway
and Sidewalk Project
349 NW 199th to 202nd Street Miami Gardens FL 960,000
between NW 3rd and 15th
Avenue-Road Resurfacing and
Sidewalks Improvement
Project
350 NW/NE 87th Street Corridor Village of El Portal FL 1,320,551
351 Opa-locka Railroad Crossing Opa-Locka FL 2,400,000
Repair
352 Orange Blossom Trail Orlando FL 3,012,472
Sidewalks Phase 2A
353 Palm Beach County Bus Shelter Palm Beach County FL 8,300,000
Infrastructure
............................. ........................ ........................ 300,000
............................. ........................ ........................ 8,000,000
354 Palm Springs, FL, Park Palm Springs FL 854,550
Connector Pathway System
355 Pine Hills Trail Phase 2 from Orlando FL 557,000
Silver Star Road (SR 438) to
Clarcona-Ocoee Road
356 President Barack Obama Orlando FL 8,360,000
Parkway, Phase 2, Orlando,
Florida
357 Rolling Stock Hallandale Beach, FL 9,000,000
Hollywood, Dania Beach,
Fort Lauderdale, Wilton
Manors, Oakland Park,
Pompano Beach,
Deerfield Beach and
Palm Beach County
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 4,000,000
358 SMART Plan Beach Express Miami FL 9,100,000
(BERT) North Capital Bus
Purchase
359 Solar-Powered Zero-Emission St. Petersburg FL 6,000,000
Bus and Facility Charging
Infrastructure
360 South City Transit Capital Tallahassee FL 2,400,000
Project StarMetro
Modernization
361 Southcot Drive Sidewalk Casselberry FL 189,357
362 SR 50 (Colonial) from Orlando FL 917,933
Thornton Ave to Mills Ave
363 SR 63 (US 27) Monroe Street Tallahassee FL 2,400,000
from John Knox Road to
Lakeshore Drive (Project ID
4450531)
364 SR-5/US-1/Federal Hwy from Hollywood FL 1,899,308
Johnson St. to SR-822/
Sheridan St.
365 SR-820/Pines Blvd from W of Pembroke Pines FL 5,000,000
SW 136th Ave to E of NW
118th Ave
366 SR-A1A from Hallandale Beach Hallandale Beach, FL 1,075,350
Boulevard to Dania Beach Hollywood, and Dania
Boulevard Drainage Beach
Improvement Project
367 StarMetro Bus Replacement Tallahassee FL 1,800,000
368 SW 36th Street Complete West Park FL 1,600,000
Street Improvements Project
369 SW 52nd Avenue Complete West Park FL 602,400
Street Improvements Project
370 Treasure Island Causeway Treasure Island FL 4,480,000
Bridge Project
371 University Boulevard at Dean Orlando FL 1,000,000
Road Intersection
Improvement
372 University Drive from NW 40th City of Coral Springs FL 5,000,000
St. to Sawgrass Expressway
373 West Warren Avenue Complete Longwood FL 400,000
Street
374 Atlanta Beltline Atlanta GA 5,000,000
375 Big Creek Greenway Phase 2 Cumming GA 3,000,000
Renovation-Replacement
376 Brennan Road Improvements Columbus GA 7,360,000
377 Buford Highway Pedestrian Doraville GA 1,373,859
Improvements
378 Bus/Paratransit Vehicle Snellville/Northern GA 6,000,000
Acquisition for Local Route Dekalb
70
379 Cascade Multimodal Corridor Atlanta GA 1,000,000
380 Cherokee Area Transportation Canton GA 2,400,000
System Headquarters
381 City of Forest Park Forest Park GA 2,000,000
Pedestrian Bridge
382 City of Sugar Hill's Highway Sugar Hill GA 5,000,000
20 Pedestrian Bridge
383 Clayton Justice Center Jonesboro GA 4,960,000
Transit Hub - Phase II
384 Cobb Parkway at McCollum Kennesaw GA 3,500,000
Parkway Road Realignment
385 Cumberland Core Loop Atlanta GA 1,700,000
386 East West Connector Corridor Smyrna GA 4,500,000
Improvement, Cobb County GA
387 Emory-CDC Intersection Atlanta GA 550,000
Project
388 GDOT Project No. 0013752 Americus GA 1,216,958
389 GDOT Project No. 0015563 Cuthbert GA 2,405,280
390 GDOT Project No. 0015638 Reynolds GA 1,608,000
391 GDOT Project No. 0015651 Arabi GA 568,000
392 GDOT Project No. 0015652 Talbotton GA 984,000
393 Global Gateway Connector College Park GA 3,542,355
394 Gwinnett Place Transit Center/ Gwinnett County GA 5,000,000
Mall of Georgia local bus
service
395 I-20 Diverging Diamond Douglasville GA 5,000,000
Interchange at Chapel Hill
Road
396 Lawrenceville Area Park and Lawrenceville GA 4,800,000
Ride Lot
397 Macon Transit Authority Macon GA 2,600,000
Electric Transit and
Paratransit Vehicle
Purchases
398 MARTA Route 115--Covington Decatur GA 2,000,000
Highway
399 McDaniel Farm Park Connector Gwinnett County GA 2,000,000
multi-use path
400 Metropolitan Parkway Arterial Atlanta GA 3,000,000
Rapid Transit (ART)
401 New Bus Rapid Transit Service Snellville/Stone GA 5,000,000
along US 78 Mountain
402 North Avondale Road Complete Avondale Estates GA 1,975,560
Streets Project
403 Peachtree Creek Greenway Brookhaven GA 3,382,000
404 Project DeRenne Savannah GA 20,000,000
405 Safety Improvements-- Albany GA 368,791
Intersection of N Westover
Blvd at Nottingham Way
406 South Barrett Parkway Kennesaw GA 2,000,000
Reliever
407 South Cobb Drive Corridor Smyrna GA 250,000
408 SR 120 (Abbotts Bridge Road) Johns Creek GA 13,800,000
Operational and Safety
Improvements
409 SR234 and Westover Blvd--Add Albany GA 349,295
Westbound Right Turn and
Southbound Left
410 Stonecrest Transit Hub Stonecrest GA 5,000,000
411 Widen and Realign Albany GA 2,509,319
Intersection of Sands Drive
and Radium Springs
412 Windy Hill Boulevard Smyrna GA 500,000
413 Guam Public Transit Hagatna GU 20,000,000
Modernization--Bus Shelters
414 Bus and Handi Van Acquisition Honolulu HI 7,398,400
Program (Battery Electric
Buses; Electrification of
Route 40)
............................. ........................ ........................ 3,699,200
............................. ........................ ........................ 3,699,200
415 Hanapepe Road Resurfacing Hanapepe HI 3,680,000
416 Hawaii Recreational Trails Multiple Cities HI 4,000,000
Program (Hawaii Integrated
Trail System)
417 Interstate Route H-1 Honolulu HI 6,150,000
Improvements, Eastbound, Ola
Lane Overpass to Vineyard
Boulevard
418 Leeward Bikeway, Philippine Honolulu HI 6,150,000
Sea Road to Waipahu Depot
Street
419 Papalaua Street (RTS 3020, MP Maui HI 1,154,000
0.13-MP0.17) Traffic Signal
Upgrade at Wainee Street
(Route 3015, MP 0.3-MP0.34)
420 Waianuenue Avenue Hilo HI 7,277,499
Rehabilitation
421 Waimea to Kekaha Shared Use Hanapepe HI 2,000,000
Path
422 Wakea Avenue (Route 3920, MP Maui HI 2,186,000
0.70-MP 0.71) and Kamehameha
Avenue (Route 3940, MP 0.91-
MP0.92) Intersection
Improvements
423 HIRTA Regional Transit Waukee IA 2,321,000
Facility
424 In the City of Iowa City, on Iowa City IA 9,943,600
Dodge Street, from
Burlington Street north to
Governor Street.
425 Iowa 136 bridge replacement Clinton County IA 1,144,800
over Elwood Creek 3.1 miles
west of US 61 in Clinton
County
426 Marion County--County Road Marion County IA 2,000,000
G28 corridor
427 Red Rock Prarie Trail (Iowa Prairie City IA 900,000
117 to Co Rd S27)
428 Bus Replacements Across the Des Moinse IA 5,000,000
District
429 Mills Civic Parkway West Des Moines IA 2,000,000
Improvements
430 Red Oak Bridge Replacement Red Oak IA 700,000
431 Southeast Connector Des Moines IA 7,000,000
432 Traffic Incident Management Johnston IA 4,880,000
Center at Camp Dodge--Phase
I
433 1st Street Reconstruction Ammon ID 5,375,700
434 Center Street Railroad Bridge Pocatello ID 4,277,000
Underpass
435 Fort Hall Connect- Upgrade of Fort Hall ID 3,500,000
Ross Fork Road
436 I-15B (US-30) McCammon IC TO McCammon ID 1,716,660
Old US-91
437 State Street Premium Boise and Garden City ID 2,000,000
Corridor, Part 2, Boise
Area, Valley Regional
Transit
438 Alton Avenue Reconstruction Madison IL 624,000
439 Alton Road Reconstruction Carlinville IL 616,000
Phase I & II
440 Brush College Road and Faries Decatur IL 2,000,000
Parkway Grade Separation
441 Calhoun Street Bridge City of Morris IL 1,200,000
Replacement
442 Candy Lane Macomb IL 3,500,000
443 Centennial Park Shared Use Heyworth IL 963,540
Path
444 Cloverleaf and East Madison Madison IL 296,000
Subdivisions Improvements
445 Curtis Road Grade Separation Savoy IL 3,293,700
& Complete Streets Project
446 Dix Irvington Road Safety Centralia IL 600,000
Project
447 Dupo Interchange Dupo IL 1,700,000
448 Edwardsville Road Resurfacing Wood River IL 668,000
Project
449 Frank Scott Parkway East Shiloh IL 12,512,000
Extension
450 Hamilton Road East-West Bloomington IL 7,000,000
Connection Project
............................. ........................ ........................ 3,500,000
............................. ........................ ........................ 3,500,000
451 Hilltop Road Multi-Use Trail Springfield IL 440,000
Extension Project
452 Lincoln Prairie Trail Bridge Taylorville IL 487,161
Replacement Project
453 Madison Avenue from 23rd Granite City IL 759,420
Street to 27th Street
Resurfacing
454 Main Street Reconstruction Roscoe IL 3,880,000
Project
455 Marissa--Main St. Resurfacing Marissa IL 476,000
456 Pioneer Parkway Peoria IL 5,000,000
Reconstruction
457 Prospect Road Revitalization Peoria Heights IL 6,000,000
458 Reas Bridges Replacement Decatur IL 3,500,000
Project over Lake Decatur
459 Reconstruction of Main Street Staunton IL 1,569,456
from Elm Street to Madison
Street
460 Resurfacing of County Highway Williamson County IL 352,000
16 in Williamson County
461 Resurfacing of Main Street, Marion IL 572,000
Bainbridge Trail, and
Penecost Streets
462 Riverside Boulevard Loves Park and Rockford IL 14,920,000
Reconstruction and Widening
(Phase II and III)
463 Royal Lakes Road Royal Lakes IL 23,408
Rehabilitation Project
464 Spotsylvania Street New Athens IL 452,000
Improvements
465 Stanford Avenue Springfield IL 1,279,035
Reconstruction from 11th
Street to Fox Bridge Road
466 Structure Replacement Over Carbondale IL 504,000
Piles Fork Creek
467 US 67 Widening from Delhi Jerseyville IL 1,200,000
Bypass Project to Crystal
Lake Rd.
468 West Main Cross Street Taylorville IL 1,127,700
Improvements from Webster
Street to Shumway Street
469 Western Road--Marshall County Henry IL 2,000,000
470 118 N Clark Pedway Extension Chicago IL 2,700,000
471 143rd St Expansion--West Ave Orland Park IL 9,247,702
to SW Highway
472 143rd St from IL 59 to IL 126 Plainfield IL 6,200,000
............................. ........................ ........................ 3,700,000
............................. ........................ ........................ 2,500,000
473 34th Street Road Berwyn IL 5,022,323
Modernization and Stormwater
Management Improvements
Phase I Design
474 606 Extension - Ashland Ave Chicago IL 1,440,000
to Elston Ave
475 75th Street from Milbrook Naperville IL 648,560
Drive to Greene Road
476 80th Ave from 191st to 183rd Tinley Park IL 1,500,000
St Lane Improvements
477 9th Street Two-Way Conversion Rockford IL 4,050,000
(Whitman Interchange)
478 Algonquin Road (Various Spring Grove IL 2,400,000
Intersections) and Wilmot
Road at Main Street
Intersection Improvements
479 All Stations Accessibility Chicago IL 4,330,000
Program--Blue Line Irving
Park
480 Arterial Resurfacing Chicago IL 9,357,677
481 Berkeley Industrial Chicago IL 424,500
Pedestrian Connector
482 Bike Path along Quentin Road Hawthorn Woods/Lake IL 1,000,000
Zurich
483 Bliss Rd/Fabyan from Fabyan Geneva IL 7,000,000
to Bliss Rd
484 Butler Drive Chicago IL 4,500,000
485 Central Road: Barringon Rd to Hoffman Estates IL 2,000,000
Huntington Blvd
486 City of Berwyn, 16th Street Chicago IL 1,967,468
Rehabilitation Project
487 City of Peoria Adams/ Peoria IL 5,000,000
Jefferson 2-Way Conversion
488 Columbia Bridge Chicago IL 2,000,000
489 CTA--ASAP (Belmont Station) Chicago IL 3,370,000
490 CTA Red Line--Loyola Station Chicago IL 3,600,000
Improvements
491 DeKalb Traffic Signal DeKalb IL 570,000
Upgrades
492 Division Street Resurfacing Oak Park IL 2,000,000
493 Dundee Ave Reconstruction Elgin IL 5,900,000
494 East Branch DuPage River Lombard IL 1,200,000
Trail
495 East New York Street from Aurora IL 1,138,300
North Farnsworth Ave to
Welsh Drive
496 Fullerton Avenue between N Glendale Heights IL 696,500
Schmale Rd and Bloomingdale
Rd
497 Gougar Road from Laraway Road Joliet and New Lenox IL 2,700,000
to Francis Road
498 Greater Downtown Master Plan East Moline IL 4,946,000
Phase 4A
499 Hobson Rd 63rd St from Woodridge IL 490,000
Woodridge Dr to Janes Ave
500 Homan Corridor Improvements Chicago IL 500,000
501 I-294 103rd Street Chicago Ridge IL 5,000,000
Interchange
502 I-294 Crestwood/Robbins Crestwood and Robbins IL 4,800,000
Interchange
503 I-57 Interchange near Mile Unincorporated Will IL 4,500,000
Marker 332 (Between Harlem County
Avenue and Pauling Road)
504 IL 171 (State Street) Lockport IL 1,400,000
Pedestrian Safety
Improvements
505 IL 38/Roosevelt Road at Wheaton IL 4,800,000
Naperville Road
506 IL 50 from S of Brookmont Kankakee IL 5,000,000
Blvd to N of US 45/52 &
Indiana Ave to Fair St in
Kankakee
507 IL-21 Milwaukee Ave Glenview IL 2,000,000
Improvements (Glenview)
508 IL-62 Algonquin Rd at New Rolling Meadows IL 226,935
Wilke Rd Intersection
Improvements
509 Jackson Blvd Resurfacing Chicago IL 800,000
(Desplaines to Harlem Ave)
510 Kedzie and Lake improvements Chicago IL 500,000
511 Lake Cook Road (IL-53 to Mount Prospect and IL 3,000,000
Raupp Blvd) Desplains
512 Lombard Rd Resurfacing and Addison IL 900,000
Improvements
513 Madison Street Resurfacing Bellwood IL 1,107,200
514 Main Street Reconstruction Batavia IL 600,000
from Randall Road to Van
Nortwick Avenue
515 McConnell Road Intersection Freeport IL 2,528,200
and Roadway Improvements
516 Metra Zero Emission Vehicle Chicago Region IL 12,000,000
Pilot
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 6,000,000
517 Midway Bus Terminal Chicago IL 550,000
Electrification Concept
Design
518 N Lake Shore Drive Chicago IL 2,000,000
Improvements
519 North Chicago Pace Route North Chicago IL 508,080
Access
520 Oak Park Avenue--111th St to Worth IL 520,000
107th St
521 Pace Cermak Road Transit Westchester, Oak Brook IL 390,000
Signal Priority and Oakbrook Terrace
522 Pace Pulse Line--Harlem Morton Grove IL 400,000
Avenue Traffic Signal
Improvements
523 Pace Pulse South Halsted Line Chicago, Riverdale, and IL 900,000
Harvey
524 PACE Transit Signal Priority Chicago IL 900,000
525 Park Blvd Resurfacing Streamwood IL 220,783
526 Patriot Path Lake County IL 9,794,640
527 Proposed Midwest Medical Galena IL 2,000,000
Center Entrance and Highway
Improvements
528 Pulaski Corridor Improvements Chicago IL 500,000
529 Pulaski Road: 127th St to Alsip, Crestwood, IL 2,500,000
159th St Midlothian, Markham,
and Robbins
530 Rand US-12 / Kensington / IL- Mount Prospect IL 4,500,000
83 Intersection Improvements
531 Rand/Central/Mt Prospect Road Mount Prospect and IL 371,000
Intersection Improvements Desplains
532 Randall and Hopps Road Elgin IL 5,000,000
Intersection
533 Randall Road from Alexandra Lake in the Hills IL 2,000,000
Blvd to Polaris Dr/Acorn Ln
534 Rehabilitative Resurfacing of Franklin Park IL 588,000
Belmont Avenue--25th Ave to
W of Elm St, Fran
535 Rehabilitative Resurfacing of Elmwood Park, Melrose IL 7,920,000
Ill 64 North Ave--I-294 to Park, Northlake, River
Harlem Ave & N Frontage Rd - Forest, River Grove
7th Ave to 5th Ave
536 Rodenburg Road Corridor Roselle IL 928,000
Improvement Project
537 Schick Road Resurfacing Hanover Park IL 257,045
538 Skokie Valley Trail Path Skokie IL 3,526,800
Improvements
539 Spring Street Resurfacing South Elgin IL 171,264
540 Study of S. Chicago/79th St/ Chicago IL 800,000
Stony Island Intersection
541 Tonne Road Reconstruction-- Elk Grove Village IL 4,300,000
Northern Section
542 Traffic Signal Modernization-- Chicago IL 1,350,000
City of Chicago
543 US Route 20 and Reinking Road Elgin IL 1,200,000
Roundabout
544 US Route 30 at Illinois Route Matteson IL 4,000,000
50
545 Washington Boulevard Maywood IL 1,424,000
Improvements - 21st Avenue
to 9th Avenue
546 Weber Road from 135th Street Romeoville IL 2,100,000
to Airport Road
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 1,100,000
547 West Branch DuPage River West Chicago IL 500,000
Trail Connection from West
DuPage Woods Forest Preserve
to Blackwell Forest Preserve
548 Western Avenue Grade Blue Island, Posen, and IL 4,500,000
Separations Dixmoor
549 Wolfs Crossing Road from US Oswego IL 4,822,000
34 Chicago Road to Eola Road
- Douglas Road Intersection
............................. ........................ ........................ 3,616,500
............................. ........................ ........................ 1,205,500
550 Woodstock Railyard Relocation Woodstock IL 4,000,000
& Expansion
551 Zero Emission Locomotive Blue Island, Chicago, IL 7,000,000
Commuter Rail Pilot Joliet, Midlothian,
Mokena, New Lenox, Oak
Forest, Robbins, Tinley
Park
............................. ........................ ........................ 2,000,000
............................. ........................ ........................ 5,000,000
552 Zion 27th Street Resurfacing Zion IL 920,320
553 Added Travel Lanes at 45th Unincorporated Lake IN 1,500,000
Avenue County
554 Central Avenue Road Portage IN 2,000,000
Reconstruction
555 IndyGo EV Charging Stations Indianapolis IN 774,000
556 Kennedy Avenue Bridge Highland and Hammond IN 8,100,000
Replacement
557 Monument Circle/Market Street Indianapolis IN 12,864,000
Reconstruction
558 Willowcreek Road Extension Unincorporated Porter IN 7,411,200
County
559 Bridge Replacement on 151st Sedgwick County KS 3,600,000
Street West over the
Ninnescah River (B485)
560 Centennial Bridge Replacement Leavenworth KS 1,000,000
561 K-7 Bourbon County Fort Scott KS 2,000,000
562 K-7 Crawford County Girard KS 2,000,000
563 Reconstruction of 151st St Sedgwick County KS 3,200,000
West between 53rd St North
and Highway K-96 (R356)
564 Reconstruction of the South Sedgwick County KS 880,000
Half Mile of 135th Street
West between 53rd and 61st
Streets North (R348)
565 Route 458 Improvements Lawrence KS 750,000
566 SW Topeka Boulevard (21st to Topeka KS 1,480,000
29th) Street Resurfacing
567 Topeka Metropolitan Bus Topeka KS 3,000,000
Replacement
568 US-169 Neosho County Thayer KS 3,000,000
569 US-400 Cherokee County Cherokee KS 2,000,000
570 US-400 Greenwood County (KDOT Greenwood County KS 5,000,000
Project Number 400-037 KA-
5790-01)
571 US-56 Douglas County Baldwin City KS 3,000,000
572 Wakarusa Drive Reconstruction Lawrence KS 1,000,000
573 Washington Creek Bridge Lawrence KS 400,000
Replacement
574 West Kellogg/US-54/400 Wichita KS 1,800,000
Expansion
575 U.S. 69/167th St. Interchange Overland Park KS 15,000,000
Improvement Project
576 Congestion reduction and Covington KY 2,000,000
traffic improvement project
on KY-17/Scott Boulevard/
Greenup Street
577 Extend KY 3155 from the Leitchfield, Grayson KY 3,200,000
southern Intersection at KY County
259 westerly to KY 54
578 I-65 SB Ramp to Brook St Louisville KY 9,600,000
579 Improve KY 54 from west of Owensboro, Daviess KY 4,600,000
the US 60 Bypass to CR 1021 County
580 Improve KY 461 from US 150 to Mount Vernon, Rockcastle KY 18,200,000
US 25 County
581 Improve US 421 near the Cranks, Harlan County KY 960,000
Virginia State Line
582 Improve westbound lanes of US Lewisport, Hancock KY 3,200,000
60 from KY 1957 to KY 6106 County
583 KY 335 improvements from US Horse Cave, Hart County KY 3,200,000
31W south of KY 218 to I-65
584 KYCT project 6-80101, KY -18 / Boone County KY 5,200,000
Superstreet construction
585 KYTC Project 6-162.40, KY-536 Kenton County KY 12,064,000
from Williamswood Rd. to
Calvery Dr. to KY-17
586 Newtown Pike Extension Lexington KY 20,000,000
Project--Phase III Scott
Street Connector
587 Reconstruction of KY 44 from Mount Washington, Bullit KY 4,800,000
US 31E to KY 1319 County
588 Reimagine 9th Street Louisvile KY 5,000,000
589 Smart Signal Network Louisville KY 2,900,000
590 Traffic Calming Measures for Louisville KY 2,400,000
Shelby Park and Smoketown
Neighborhoods
591 Audubon Ave OVLY:LA 1 to Thibodaux LA 468,510
Terrebonne P/L
592 I-10 (Calcasieu River Bridge / Lake Charles LA 10,000,000
Approach)
593 I-49 Lafayette Connector Lafayette LA 10,000,000
594 LA 3127 St. James Parish LA 10,000,000
595 LA 428, General Meyer Blvd New Orleans LA 8,560,000
596 MRB South GBR: LA 1 to LA 30 Baton Rouge LA 1,600,000
Connector- Environmental
Evaluation
597 MRB South GBR: LA 1 to LA 30 Baton Rouge LA 8,000,000
Connector (Pre-Engineering
Design)
598 Amherst Town Common Amherst MA 1,344,000
Transportation and Mobility
Improvements
599 Barker Road Bridge Project Pittsfield MA 1,000,000
600 Beacon Street Bridle Path Brookline MA 2,000,000
601 Belmont Community Path Belmont MA 3,500,000
602 Blackstone Valley Multi-Use Blackstone MA 8,130,842
Path Phase 1, Segment - 2
603 Blue Line Signal Program Revere, Boston MA 6,000,000
604 Bourne Rail Trail Bourne MA 14,728,680
605 Brockton Area Transit--Buy Brockton MA 2,920,000
Replacement 35' Bus (6)
606 Brockton Area Transit--Buy Brockton MA 3,160,000
Replacement 35' Electric Bus
(5)
607 Brockton Area Transit-- Brockton MA 480,000
Purchase Misc. Electric
Power Equipment
608 Christina Street Rail Bridge Newton MA 1,600,000
609 Columbian Square Intersection Weymouth MA 3,000,000
Improvements
610 Court and Cherry Street Plymouth MA 2,000,000
Intersection Improvement
611 Davis Square Transit Signal Somerville MA 100,000
Priority Project
612 Division Street Bridge Great Barrington MA 2,000,000
Project
613 Double-Tracking on Haverhill Andover and Wilmington MA 5,800,000
Line in Massachusetts
............................. ........................ ........................ 2,900,000
............................. ........................ ........................ 2,900,000
614 Drift Road at Kirby Brooke Westport MA 600,000
Replacement Project
615 Fiske Street and Andover Tewksbury MA 456,000
Street Sidewalk and Street
Improvements
616 Glendale Street Bridge Easthampton MA 1,000,000
Project
617 Intersection Improvements at Southbridge MA 1,000,000
Central Street, Foster St,
Hook St, Hamilton St
618 Intersection improvements at Ashby MA 1,000,000
Greenville Road (Rte 31) and
Turnpike Road
619 Intersection Improvements at Acton MA 1,100,000
Massachusetts Avenue (Route
111) and Main Street (Route
27) (Kelley's Corner)
620 Intersection improvements at Methuen MA 1,000,000
Riverside Drive and Burnham
Road
621 Intersection Improvements at Sterling MA 320,000
Route 140/Route 62
622 Intersection Improvements on Ayer and Littleton MA 1,000,000
Route 2A at Willow Road and
Bruce Street
623 Intersection reconstruction Haverhill MA 1,000,000
on Rte 108 (Newton Road) at
Rte 110 (Kenoza Ave. and
Amesbury Road)
624 James Street Project Chicopee MA 2,000,000
625 Lake Cochituate Path Natick MA 3,078,722
626 Leyden Road Sidewalk Greenfield MA 1,840,000
Construction
627 Lynn Commuter Rail Station Lynn MA 10,000,000
Rehabilitation
628 McGrath Highway Road Diet / Somerville MA 500,000
Protected Bike Lane Project
629 Merrymount Bridge Quincy MA 6,000,000
Reconstruction Project
630 MetroWest Regional Transit Framingham MA 1,600,000
Authority Blandin Back
Entrance (MWRTA BEB Project)
631 New vans for elderly and Haverhill MA 375,000
those with disabilities
632 North Adams Adventure Trail North Adams MA 2,000,000
633 Peabody Canal Riverwalk Peabody MA 6,642,980
Construction
634 Planning and Design for Boston MA 2,500,000
protecting critical
transportation
infrastructure and improving
pedestrian access to the
Northern Avenue Bridge and
along the Fort Point Channel
635 Reconstruction and Related Winthrop MA 5,058,493
Work Along Revere Street
Corridor
636 Reconstruction and related Lowell MA 3,000,000
work on VFW Highway
637 Reconstruction of Foster Littleton MA 2,000,000
Street
638 Regional Bike and Walking North Attleborough MA 1,500,000
Trail (North Attleborough
Branch)
639 Rehab Fitchburg Intermodal Fitchburg MA 400,000
Center
640 Rehabilitation & Box Widening Shrewsbury MA 8,000,000
on Route 20, from Route 9 to
South Street
641 Rehabilitation of Boston Road Westford MA 2,000,000
642 Replace diesel bus with Lowell MA 624,800
hybrid bus
643 Replace fueling station at Lowell MA 775,200
100 Hale Street
644 Riverbank stabilization Haverhill MA 725,000
construction at MVRTA bus
garage and administration
building
645 Roadway rehabilitation on Ashburnham MA 1,000,000
route 101 south (Ashburnham)
646 Route 131 Bridge Project Dudley MA 1,000,000
647 Route 28 / Route 38 Somerville MA 3,000,000
Intersection Safety
Improvements Project
648 Ruggles Station State of Good Roxbury MA 3,000,000
Repair Improvements
649 Stoughton Intersection Stoughton MA 1,840,000
Improvements at Canton St.
(Route 27), School St., and
Summer St.
650 Sturbridge Roundabout Sturbridge MA 1,000,000
Construction
651 Sudbury-Concord Bike Path Concord MA 1,000,000
Construction (Bruce Freeman
Trail)
652 Taunton River Trail Taunton MA 4,800,000
653 Union Station Regreening & Springfield MA 6,000,000
Lighting Project
654 Walnut Street Signalization Foxborough MA 2,000,000
Project
655 Warren Street / Blue Hill Boston MA 12,000,000
Avenue Multi-modal Corridor
Phase I
656 West Rodney French New Bedford MA 2,373,680
Improvement Project
657 West Street/Route 27 Medfield MA 1,440,000
Intersection Reconstruction
658 Baltimore Greenway Trails Baltimore City MD 13,200,000
Network: Critical Corridor
Advancements
............................. ........................ ........................ 4,400,000
............................. ........................ ........................ 4,400,000
............................. ........................ ........................ 4,400,000
659 Bicycle-Pedestrian Priority Montgomery County MD 6,500,000
Area Improvements--Purple
Line (TIP 3642 Pedestrian
Safety Program)
660 Dobbin Road Pathway Columbia MD 3,200,000
661 Dual Locomotives for Commuter Baltimore City MD 2,000,000
Rail Service in the Future
B&P Tunnel
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 1,000,000
662 East-West Priority Corridor Baltimore MD 15,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
663 Electric Bus Grants Rockville, Silver Spring MD 4,992,000
............................. ........................ ........................ 1,937,000
............................. ........................ ........................ 1,780,000
............................. ........................ ........................ 1,275,000
664 Fayette Street Bridge Cumberland MD 4,800,000
Replacement
665 Frederick and Pennsylvania City of Frederick and MD 2,560,000
Railroad Trail Walkersville
666 Howard County Flash Extension Columbia MD 3,200,000
667 I-81 Phase 2 Reconstruction Hagerstown MD 4,620,000
668 Interstate 95/Greenbelt METRO/ Greenbelt MD 20,000,000
MARC Station Access and
Redevelopment Project
669 MicroTransit & Demand Owings Mills MD 2,019,012
Response Electric Transit
Vehicles and Infrastructure
670 New Carrollton Metro/MARC/ Landover MD 18,480,000
Amtrak/Purple Line
Multimodal Transit District
Right-of-Way Improvements
671 Northwest Expressway (I-795) Owings Mills MD 800,000
at Dolfield Boulevard
Interchange Redesign
672 Parole Transportation Center Annapolis MD 2,000,000
673 US 1 Safety Projects North Laurel, Savage, MD 3,200,000
Jessup, Elkridge
674 US 15 Frederick Freeway Frederick MD 8,800,000
Reconstruction
675 US 29 Rapid Transit Silver Spring MD 4,000,000
Improvements--Phase 2 Design
676 Veirs Mill /Randolph Bicycle Rockville MD 6,000,000
& Pedestrian Priority
Improvements
677 Woodley Road Extension to MD Aberdeen MD 5,000,000
715
678 Berwick Route 9--Intersection Berwick ME 800,000
Improvements
679 Casco Bay Lines Replacement Portland ME 7,500,000
Ferry
680 Maine State Ferry Vessel Rockland ME 7,500,000
Replacement
681 Milo, Sebec River Bridge Milo ME 8,000,000
Replacements and Village
Improvements
682 New Transit Hub Bangor ME 327,600
683 Sanford SRTS Multi-Use Trail Sanford ME 400,000
684 Sanford US Route 202/State Sanford ME 3,600,000
Route 4A
685 U.S. Route 1 Improvements Van Buren ME 10,700,000
686 10 Mile Signal Modernization Center Line MI 550,068
687 14 Mile Rd Rehabilitation, Beverly Hills MI 1,208,080
Lahser to Evergreen
688 14 Mile Road Roseville MI 3,100,000
689 21 Mile Road Bridge Macomb Township MI 1,616,800
Replacement over the Gloede
Drain
690 Airport Road Rehabilitation Blackman Township, MI 4,930,000
Project Jackson County
691 Beck Road Business Corridor Wixom MI 18,612,000
Railroad Grade Crossing
Safety Project
692 Bridge and Pedestrian Detroit MI 1,838,812
Facility Upgrades on the
Detroit Riverwalk
693 Bristol Road and Van Slyke Flint Township MI 700,000
Road Concrete Pavement
Reconstruction Project
694 Bristol Road: Mill and Burton MI 1,248,000
Resurface
695 Burcham Dr. East Lansing MI 1,017,838
696 Center Road Reconstruction Genesee Township MI 600,000
Project
697 Coolidge Rd (Road East Lansing MI 883,359
Rehabilitation and Bike
Lanes)
698 Division Avenue Project Grand Rapids MI 4,200,000
699 E Michigan Avenue Lansing MI 2,589,121
700 Feher Drive Reconstruction & Montrose MI 680,000
Pedestrian Improvement
Project
701 Fenton Road Bridge over the Flint MI 400,000
Thread Creek
702 Flint Mass Transportation Flint MI 1,062,387
Authority (MTA) Rides to
Wellness Facility Expansion/
Renovation
703 Genesee Street Bridge over Lapeer MI 1,896,750
Farmers Creek
704 Grandville Avenue Project Grand Rapids MI 4,000,000
705 Haist Road over Pigeon River Winsor Township MI 194,000
Preventive Maintenance
706 Hubbard Street Rehabilitation Mount Clemens MI 942,400
707 Inkster Road Bridge Over the Inkster MI 329,600
Lower Rouge River--Capital
Preventative Maintenance
708 Intelligent Transportation Pontiac MI 2,240,000
Systems Capital Investments
in Traffic Signals on M-59
709 Iron Belle Trail Burton MI 1,200,000
710 Joe Louis Greenway Hamtramck City of Hamtramck MI 3,920,000
Drive Shared Use Path
711 Kalamazoo US-131/US-131BR Kalamazoo MI 14,745,600
712 Kelly Road Fraser MI 3,500,000
713 King Road Bridge Replacement China Township MI 2,299,800
over the Belle River
714 Kuhl Road over Shebeon Drain Fairhaven Township MI 1,282,400
Bridge Replacement
715 Lake Shore Drive, Houghton Calumet and Hancock MI 1,040,000
County, Michigan Township
716 M-143W Lansing MI 597,767
717 M-46 and M-19 Reconstruction Elmer Township MI 10,073,042
718 Marlette Road Bridge over Marlette MI 1,406,000
South Branch of the Cass
River
719 Miller Road and Rotunda Drive Dearborn MI 20,000,000
Bridges
720 Mound Road Industrial Macomb County, Warren MI 11,000,000
Corridor Technology and
Innovation Project
............................. ........................ ........................ 1,000,000
............................. ........................ ........................ 10,000,000
721 Mt. Vernon Street Southfield MI 4,400,000
Reconstruction
722 N Cedar St Mason MI 2,543,083
723 N Putnam St Williamston MI 375,000
724 N. Leroy Streetscape and Fenton MI 1,600,000
Resurfacing Project
725 North Beech Daily Road Dearborn Heights MI 1,417,226
Rehabilitation Project
726 Oakland Avenue Road Highland Park MI 1,212,169
Rehabilitation Project
727 Oakville Waltz Road London Township MI 3,728,000
728 Orchard Lake Road from 13 Farmington Hills MI 1,076,085
Mile to 14 Mile
729 Orchard Lake Road from City of Sylvan Lake, MI 2,000,000
Middlebelt to Pontiac City West Bloomfield and
Limits Bloomfield Township in
Oakland County
730 Ottawa Avenue Project Grand Rapids MI 845,000
731 Pedestrian Improvements on US- Wayne MI 828,000
12
732 Pennsylvania Road Grade On border of City of MI 15,000,000
Separation Romulus and Huron
Township
733 Pierson Road Reconstruction Mt. Morris Township MI 2,400,000
Project
734 Plank Road over US-23 Milan MI 4,335,618
735 Reid Road Downtown Grand Blanc MI 700,000
Streetscape and
Rehabilitation Spur
Community Project
736 Resurfacing of 12 Mile Road Southfield MI 750,000
in Southfield from
Northwester Hwy to Telegraph
Road
737 S Pennsylvania Ave Lansing MI 1,472,000
738 Saginaw Street Road Flint MI 1,600,000
Reconstruction Project
739 Saginaw Transit Authority Saginaw MI 2,388,456
Regional Services (STARS)
Bus Replacement
740 Saginaw Transit Authority Saginaw MI 200,000
Regional Services (STARS)
Potter Street Station Study
741 Silver Lake Road Connector Fenton and Linden MI 868,682
Trail
742 Skanee Road Improvements L'Anse and Arvon MI 7,530,000
(from Jentoft Road to Town Townships
Road)
743 Skanee Road Improvements Arvon Township MI 4,000,000
(from Town Road to Portice
Road)
744 Snyder Rd. East Lansing MI 263,500
745 St. Ignace Road Marquette Township MI 800,000
Reconstruction
746 State Park Drive Charter Township of MI 2,000,000
Reconstruction Bangor and Bay City
747 US-12 over the Coldwater Coldwater MI 645,360
River Reconstruction
748 US-127 and US-223 Resurfacing Addison MI 4,800,000
749 W Grand River Rd Howell MI 296,826
750 W Silver Bell Rd Auburn Hills and Orion MI 4,200,000
Township
751 Waverly Rd Lansing MI 744,762
752 Wealthy Street- Fuller Ave to Grand Rapids MI 7,250,000
East City Limits
753 Wenona Avenue Reconstruction Bay City MI 2,325,000
754 Apple Valley Transit Station Apple Valley MN 800,000
Modernization
755 Bottineau LRT Project Minneapolis to Brooklyn MN 20,000,000
Park
............................. ........................ ........................ 10,000,000
............................. ........................ ........................ 10,000,000
756 Burnsville Bus Garage Burnsville MN 2,400,000
Modernization
757 City of Wabasha Highway 60 Wabasha MN 3,975,000
Realignment
758 E-Line Bus Rapid Transit Minneapolis to Edina MN 5,000,000
(BRT)
............................. ........................ ........................ 2,500,000
............................. ........................ ........................ 2,500,000
759 F-Line Bus Rapid Transit Columbia Heights MN 4,500,000
(BRT)
760 Goodhue County CSAH 2 Bridge Red Wing MN 640,000
Replacement
761 I-35/CSAH 50 Interchange Lakeville MN 700,000
Preliminary Engineering
762 I-94 Expansion St. Paul MN 20,000,000
763 Kellogg-Third Street Bridge St. Paul MN 7,500,000
764 Pedestrian Bridge Over I-94 Minneapolis MN 3,000,000
765 Reconnect Rondo Land Bridge Saint Paul MN 5,200,000
766 Rice Street Revitalization Saint Paul MN 6,864,000
Project
767 University of Minnesota Chaska MN 5,840,000
Arboretum Access and Egress
Improvements
768 US 169/TH 282/ CH 9 Jordan MN 2,300,000
Interchange Project
769 US Highway 8 Reconstruction Chisago City, Wyoming, MN 20,000,000
Forest Lake
770 Veterans Memorial Greenway Eagan MN 5,000,000
771 Adding signing and striping St. Louis MO 708,800
for wrong way counter-
measures at various ramp
locations throughout the St.
Louis District
772 Bridge improvement and Montgomery County MO 720,000
widening over Elkhorn Creek
1.6 miles south of Rte. CC
near Buell
773 Bridge Rehab at Pitman Ave, I- Wentzville MO 3,088,000
70, and I-64 in Wentzville
774 Bridge Rehabilitation and St. Louis MO 2,576,000
Pavement Repairs
775 Chadwick Flyer Central Springfield MO 4,000,000
Greenway Trail
776 Cliffs Drive State Scenic Kansas City MO 2,160,000
Byway Improvements
777 Downtown Odessa Odessa MO 900,000
Infrastructure Improvements
778 Expand I-44 to 6 lanes in the Springfield MO 1,800,000
Springfield area
779 Grand Street Pedestrian Springfield MO 3,000,000
Underpass and Streetscape
Improvements
780 Hydraulic Study for causeway Washington MO 240,000
north of Washington
781 I-44: Bridge rehabilitation Laclede County MO 331,200
over Gasconade overflow.
Project involves bridge
L0753
782 I-70: Bridge improvements Cooper County MO 246,400
over Chouteau Creek. Project
involves bridge A5118 and
A5119
783 Improve bridge conditions at Audrain County MO 548,800
Rt. C in Audrain County
784 Improve pavement condition Randolph County MO 600,800
Rt. BB Randolph County
785 Improve pavement condition Randolph County MO 763,200
Rt. K Randolph County
786 Interstate 35 and 19th Street Kearney MO 5,500,000
Interchange
787 Jazz District Pedestrian Kansas City MO 6,000,000
Plaza at 18th & Vine
788 Kansas City Regional Zero Kansas City MO 10,500,000
Emission Electric Bus
Program
............................. ........................ ........................ 6,000,000
............................. ........................ ........................ 4,500,000
789 Little Blue Trace--Rock Kansas City MO 500,000
Island Trail Connector
790 MM Highway Expansion from I- Republic MO 3,200,000
44 to US 60
791 MO 100: Bridge improvements Osage County MO 917,600
over Cedar Creek Project
involves A1848
792 MO 100: Upgrade pedestrian St. Louis MO 2,500,000
facilities to comply with
ADA Transition Plan and
pavement resurfacing from
Rte. 61 to Big Bend Blvd,
bridge replacement over
Black Creek, signal
replacement
793 MO 127: Bridge rehabilitation Pettis County MO 786,400
over Basin Fork Creek 0.6
mile south of Dove Road and
0.7 mile north of Chaney
Road. Project involves
bridge X0439
794 MO 13: Add turn lanes at the Johnson County MO 425,600
intersection of Rte. E
795 MO 13: Pavement improvements St. Clair County MO 748,800
on the southbound lanes from
SE 1100 Road to NE 201 Road
796 MO 19: I-70 to Hermann add Montgomery County MO 880,000
shoulders
797 MO 23: Add turn lanes at the Johnson County MO 395,200
intersection of Rte. D
798 MO 254: Pavement improvements Hermitage MO 440,000
from Route 64 to Route 54 in
Hermitage.
799 MO 38: Pavement resurfacing Webster County MO 676,800
from Rte. J to west of Rte.
CC.
800 MO 47: Engineering for Troy and Hawk Point MO 925,600
pavement improvements from H
to A.
801 MO 7: Bridge Rehabilitation Benton County MO 96,000
over Truman Lake. Project
involves bridge A3465
802 MO 89: Pavement improvements Rte. 50 to Rte. E in MO 2,833,600
from Rte. 50 to Rte. E Osage County
803 MO94 Bridge over Treloar Warren County MO 640,800
Creek Bridge
804 North Baltimore (Business 63) Kirksville MO 955,294
Improvements
805 OR 70: Bridge replacement Boone County MO 852,800
over Little Cedar Creek.
Project involves bridge
N0974
806 Pavement improvements and add Pulaski County MO 2,656,000
rumblestripes from I-44
outer road to end of state
maintenance, Rte. W from
Rte. 7 to end of state
maintenance, and Rte. O from
Rte. 28 to end of state
maintenance.
807 Payment to St. Robert to add St. Robert MO 547,200
sidewalks and upgrade
signalized intersection at
St. Robert Boulevard in St.
Robert
808 Raum Road Bridge Replacement Lawson MO 3,128,000
809 Riverway Boulevard Riverside MO 3,200,000
Reconstruction
810 RT 18: Pavement improvements Adrian MO 1,586,400
from Rte. Y to I-49 in
Adrian and on Loop 49 from
Passaic to Rte. 52 in
Butler.
811 RT A: Bridge replacement over Moniteau County MO 1,091,200
Enon Creek. Project involves
bridge K0851
812 RT A: Bridge replacement over Cole County MO 545,600
Moreau Creek. Project
involves R0235
813 RT J: Bridge rehabilitation Peculiar MO 555,200
over Young Branch, 0.1 mile
south of 217th Street and
0.4 mile northeast of Branic
Drive in Peculiar. Project
involves bridge A2331
814 RT J: Bridge removal over the Camden County MO 204,800
Niangua River. Project
involves bridge S0391
815 RT K: Pavement improvements Nevada MO 448,000
from I-49 to County Road
1800 near Nevada.
816 RT PP: Pavement improvements Roseland MO 453,600
from Route C in Roseland to
Route 7 in Tightwad
817 RT T: Pavement improvements Morgan County MO 3,020,000
and add rumblestripes from
Rte. 52 to Rte. 135 and from
Rte. 135 to the end of state
maintenance
818 RT. K bridge replacement over Montgomery County MO 965,600
Dry Fork Creek Bridge
819 Study to determine base McKittrick MO 80,000
stability and flood
resiliency near McKitrick
820 Updated study for RR overpass High Hill MO 1,600,000
near High Hill
821 Upgrade pedestrian facilities Windsor MO 140,800
to comply with the ADA
Transition Plan on Rte. 2
from Chisman Street to Rte.
52 in Windsor and on Rte. Y
from Rte. 52 to Wall Street
in Windsor
822 US 160: Pavement improvements Lamar MO 609,600
from I-49 in Lamar Heights
to County Road 30th Lane
east of Lamar.
823 US 50: Reconstruct concrete Rte. EE to Independence MO 2,800,000
pavement from Rte. EE to Road in Franklin County
Independence Rd.
824 US 50: Reconstruct pavement Rte. Y to Rte. C in MO 2,640,000
from Rte. Y to Rte. C Franklin County
825 US 54: Study for updated Louisiana MO 800,000
scope & estimate for shared
4-lane from Mexico to
Louisiana
............................. ........................ ........................ 400,000
............................. ........................ ........................ 400,000
826 US60 and Route 125 Rogersville MO 5,250,000
Interchange
827 US65: Pavement improvements Warsaw MO 1,049,600
from the Osage River in
Warsaw to 0.4 mile south of
Rte. MM.
828 West Florissant Avenue Great Ferguson, Dellwood, and MO 10,000,000
Streets Jennings
829 A/E Design for the Fixed Saipan MP 300,000
Route Bus Stops
830 Construction of Bus Transfer Saipan MP 900,000
Stations at the Northern
Marianas College, Paseo De
Marianas and Kagman
831 Construction of the Saipan MP 3,000,000
Commonwealth Office of
Transit Authority Covered
Bus Parking Facility
832 Design and Construction of Rota MP 520,000
the Rota Transit Maintenance
Facility
833 Design and Construction of Tinian MP 520,000
Tinian Transit Maintenance
Facility
834 Procurement of Four (4) Rota and Tinian MP 480,000
Rolling Stocks for Rota and
Tinian Demand Responsive
Services
835 Route 10 Drainage Rota MP 2,000,000
Improvements and Road
Overlay
836 Route 205 Road and Drainage Tinian MP 2,000,000
Improvements
837 Route 30 (Chalan Pale Arnold) Saipan MP 2,000,000
Safety Improvements
838 Route 302 (Naftan Road) Saipan MP 2,000,000
Improvements
839 Supply and Installation of Saipan MP 4,500,000
187 Bus Stop Shelters
840 Supply of Maintenance Saipan MP 400,000
Equipment & Tools for the
COTA Maintenance Facility
841 Bulldog Way Extended Starkville MS 3,360,000
Improvements
842 Jackson Point Road Bridge Wilkinson County MS 4,000,000
843 Mississippi Band of Choctaw Choctaw MS 2,653,195
Indians Multi-Road Overlay
Project
844 Morgantown Road Safety Natchez MS 2,400,000
Improvements
845 Bozeman Segment One--Reunion Madison MS 4,000,000
Access Network
846 Airport Boulevard Sidewalk Morrisville NC 208,000
847 Atlantic & Yadkin Greenway, Greensboro NC 6,400,000
Phase 2
848 Avent Ferry Road Realignment Holly Springs NC 1,000,000
849 B-5871 Replace Bridge no. 628 Lake Lure NC 8,000,000
Over Lake Lure 5250. Dam and
Broad River
850 Black Creek Greenway Cary NC 4,984,800
851 Bryant Bridge North/Goose Durham NC 2,320,000
Creek West Trail
852 Bus Replacement Funding for Chapel Hill NC 8,000,000
Triangle Transit Systems
853 CATS Battery Electric Bus Charlotte NC 8,000,000
Fleet Transition
854 Downtown Pedestrian Bridge Rocky Mount NC 4,000,000
855 Duke Beltline Trail Durham NC 7,726,000
856 EB-5753 Baldwin Avenue Marion NC 349,600
Sidewalk Project
857 Electric buses and charging Greensboro NC 2,759,000
infrastructure, City of
Greensboro
858 Festival Street Cornelius NC 2,200,000
859 Fuquay-Varina Townwide ITS/ Fuquay-Varina NC 2,560,000
Signal System
860 GoRaleigh/GoWake Coordinated Raleigh NC 9,000,000
ADA Paratransit Facility
861 Greenville Bridge Repair and Greenville NC 2,851,200
Replacement
862 Hanging Dog Bridge Murphy NC 1,676,000
863 High Point Heritage Greenway-- High Point NC 4,000,000
Phase 1
864 Jonathan Creek Safety Project Maggie Valley NC 160,000
865 Military Cutoff Road (US 17)/ Wilmington NC 3,840,000
Eastwood Road (US 74)
Interchange (Drysdale Drive
Extension)
866 N. Fork Coweeta Creek Bridge Otta NC 452,000
Replacement
867 Pender Street Pedestrian Wilson NC 8,400,000
Improvement, Infrastructure
Repair, and Resurfacing
868 RIDE- Rural Microtransit Wilson NC 2,000,000
869 Silas Creek Parkway Sidewalk Winston-Salem NC 4,533,600
870 South Tar River Greenway Greenville NC 1,775,000
871 Streetlighting on High Injury Charlotte NC 8,000,000
Network
872 Transit Bus Stop Improvements Chapel Hill NC 900,000
873 US 19/129 Road Improvements Murphy NC 3,851,000
874 US 74/NC 108 Interchange Columbus NC 1,000,000
875 Heartland Expressway Phase Minatare NE 10,000,000
III
876 Signal System Master Plan Omaha NE 20,000,000
Accelerated Implementation
877 US-275 Norfolk to Wisner Norfolk to Wisner NE 20,000,000
878 Ashuelot-Trail Cheshire Trail Swanzey NH 1,200,000
(42511)
879 Bedford 40664--U.S. 3 Bedford NH 4,980,000
Widening from Hawthorne
Drive North to Manchester
Airport Access Road
880 Claremont Intersection Claremont NH 1,000,000
Improvements (13428)
881 Conway Phase II Pathway Conway NH 1,656,000
882 Derry Rail Trail (Folsom Rd Derry NH 792,000
to Londonderry town line)
883 George Street Bridge (40653) Keene NH 729,191
884 Gorham Sidewalk (Route 2 Gorham NH 898,196
(Lancaster Rd))
885 Heritage Rail Trail East Nashua NH 1,200,000
886 Littleton Sidewalk Project Littleton NH 710,159
(41362)
887 Loudon Intersection Loudon NH 2,347,256
Improvements (40632)
888 Malboro Street Cheshire Rail Keene NH 681,123
Trail (42515)
889 Maplewood Avenue Complete Portsmouth NH 2,804,300
Streets
890 Merrimack River Greenway Concord NH 1,584,800
891 Multi-use Path Connecting Warner NH 920,000
Warner Village to Exit 9
Business Area
892 NH 128 and Sherburne Road and Pelham NH 1,240,000
Mammoth and 111A
893 Pedestrian Bridge Crossing Manchester NH 3,360,000
Granite Street
894 Plymouth Sidewalk Project Plymouth NH 414,000
895 Reconstruct Mechanic St / Lebanon NH 2,400,000
High St / Mascoma St
Intersection (4094)
896 Rt 11 Safety and Capacity Rochester NH 5,664,000
Improvements
897 Spruce Street Connector Nashua NH 1,000,000
898 Trestle Bridge--Mill City Franklin NH 1,200,000
Park Trail
899 Waterville Valley Pedestrian Waterville Valley NH 948,110
Improvements
900 Whitefield Sidewalk Project Whitefield NH 396,704
901 Berkshire Valley Road Truck Kenvil (Roxbury NJ 2,000,000
Circulation Project Township)
902 Bloomfield Avenue Roadway West Caldwell, Caldwell, NJ 10,000,000
Improvements & Traffic North Caldwell, Verona,
Signal Modernization Montclair, Glen Ridge,
Bloomfield, and Newark
............................. ........................ ........................ 5,000,000
............................. ........................ ........................ 5,000,000
903 Bloomfield Station Bloomfield NJ 2,000,000
Rehabilitation Project
904 Carteret Ferry Terminal Carteret NJ 5,625,000
Project
905 City of Passaic Pedestrian Passaic NJ 883,432
Greenway Project
906 Construction of Pedestrian Long Valley (Washington NJ 1,000,000
Bridge on Columbia Trail Township)
(Relocation of Openaki
Bridge Truss)
907 Cranford Station Cranford NJ 1,120,000
Rehabilitation Project
908 Dennisville Petersburg Road Dennis Township NJ 1,640,000
(CR 610) Resurfacing
Improvements
909 Dunellen Bikeway and Dunellen NJ 475,723
Pedestrian Safety
Improvements
910 East Orange Train Station East Orange NJ 800,000
911 Enhanced Laydown Area for Paulsboro NJ 4,750,000
Offshore Wind Industry,
Paulsboro Marine Terminal
912 Freehold's Parking Freehold Borough NJ 557,716
Improvement project
913 Great Falls Gateway Phase II Paterson NJ 972,000
914 Hackettstown Mobility Hackettstown NJ 4,712,000
Improvement
915 Hamilton Street Plaza Project Bound Brook NJ 1,760,000
916 Hand Avenue (CR-658) Bridge Middle Township NJ 1,310,000
Over Skeeter Island Creek
917 Highlands Rail Trail Phase II Wanaque NJ 800,000
918 Hudson County's County Avenue Secaucus NJ 1,400,000
Reconstruction
919 Irvington Avenue Sidewalks South Orange NJ 2,750,000
and Streetscape Improvements
920 Jackson Avenue/Riverside Rutherford NJ 250,000
Avenue Improvements Project
921 Kingsland Avenue Bridge Lyndhurst and Nutley NJ 5,000,000
Replacement Project
922 Koleda Park Improvement Middletown NJ 800,000
Project
923 Lackawanna Cut-off Culvert Byram NJ 1,600,000
Relocation
924 Lincoln Avenue Drainage Elizabeth NJ 2,080,000
Improvements Project
925 Long Branch Intermodal Long Branch NJ 13,000,000
Station Project
926 McBride Avenue Roundabout Woodland Park NJ 960,000
Project
927 Mercer County Bus Purchase West Trenton NJ 732,000
928 Mercer County Electric Trenton NJ 454,500
Vehicles and Electric
Vehicle Charging Stations
929 Mercer County Roadway Safety Mercer County NJ 640,000
Improvements
930 Newark Broad Street Signal Newark NJ 1,650,000
Optimization
931 North Broad Street Newark NJ 1,200,000
Redevelopment Project
932 Ocean Drive (CR621) Upgrades Lower Township NJ 7,000,000
and Bridge Improvements
933 Parkside Neighborhood School Camden NJ 6,000,000
and Pedestrian Traffic
Safety
934 Passaic Bus Terminal Canopy Passaic NJ 1,600,000
935 Patriots Way Bridge Oakland NJ 4,184,830
Superstructure Replacement
936 Pedestrian Bridge at the Paterson NJ 1,000,000
Great Falls National
Historical Park
937 Pedestrian Improvement for Township of Woodbridge NJ 1,250,000
Metro Park
938 Permanent Ferry Terminal Bayonne NJ 4,321,600
Peninsula Project
939 Pleasant Avenue & Park Avenue Weehawken NJ 7,520,000
/ Pedestrian & Vehicular
Safety Improvements &
Restoration Project
940 Point Pleasant Beach Channel Point Pleasant Beach NJ 1,399,785
Drive ADA Compliance Upgrade Borough
and Surface Revitalization
project
941 Pompton River Rail Bridge Township of Pequannock, NJ 1,500,000
(Pequannock Valley Morris County, and
Pedestrian Trail) Township of Wayne,
Substructure Repair Passaic County
942 Reconstruction of Pedestrian Bridgewater NJ 1,280,000
Bridges over Cole Drive
(Bridgewater Train Station)
943 Replacement of Morris County Montville/Pine Brooke NJ 2,000,000
Bridge 1400-433 on
Bloomfield Avenue over a
Tributary to Passaic River
in the Township of
Montville, Morris County
944 Replacement of Morris County Denville NJ 1,000,000
Bridge 1400-935 on Lenape
Island Road over Indian Lake
in the Township of Denville,
Morris County
945 River Road Overpass West New York NJ 5,200,000
946 River Road Subsurface Soil Edgewater NJ 1,760,000
Stabilization
947 Roadway Rehabilitation East Somerdale, Hi-Nella, NJ 1,500,000
Atlantic Avenue CR727 Stratford
948 Roadway Rehabilitation Lawnside, Magnolia, NJ 2,500,000
Evesham Road, CR 544 Somerdale, Cherry Hill,
Voorhees
949 Roadway Rehabilitation Haddon Haddon Township, NJ 3,000,000
Ave. CR561 Collingswood
950 Roadway Rehabilitation Red Woodbury NJ 1,765,000
Bank Avenue CR644
951 Route 202, First Avenue Raritan NJ 3,340,685
Intersection Improvements -
Right of Way Acquisitions
952 Route 29 Tunnel Ventilation Trenton NJ 2,400,000
System
953 Route 33 Bridge Over Millstone Township NJ 3,640,000
Millstone River
954 Route 35 Bridge Over the Wall NJ 3,736,000
North Branch of Wreck Pond
955 Route 55/Route 47 Interchange Millville NJ 9,250,000
956 Seaside Heights Boardwalk Seaside Heights NJ 400,000
Replacement
957 Shaler Boulevard Streetscape Ridgefield NJ 250,000
Project
958 Skyline Drive Bicycle and Ringwood NJ 800,000
Pedestrian Bridge
959 South Orange Avenue Newark NJ 4,000,000
Streetscape Improvement
Project
960 Study & Engineering Design Hopatcong NJ 2,360,000
for the Rehabilitation or
Replacement of Sussex County
Bridge K-03 in the Borough
of Hopatcong
961 Sussex County Guide Rail Frankford and Wantage NJ 1,000,000
Upgrade Program
962 Sussex County Skylands Ride Hamburg NJ 400,000
Capital Project
963 Teaneck Pedestrian Overpass Teaneck NJ 4,000,000
Replacement
964 Tenafly Roadway Resurface & Borough of Tenafly NJ 1,545,000
Improvements
965 The County Road 539 Overpass Plumstead NJ 8,000,000
Project
............................. ........................ ........................ 7,000,000
............................. ........................ ........................ 1,000,000
966 Traffic Signal Optimization/ Newark NJ 1,600,000
Adaptive Signals Along
McCarter Highway (Route 21)
967 U.S. Route 130/Delaware Florence Township NJ 17,320,000
Avenue/Florence Columbus
Road Intersection
Improvements
968 Union County Structurally Union Township NJ 400,000
Deficient Bridge Initiative -
Allen Ave. Bridge, Township
of Union
969 Union County Structurally Kenilworth NJ 600,000
Deficient Bridge Initiative -
Faitoute Ave. Bridge,
Kenilworth
970 Union County Structurally Summit NJ 600,000
Deficient Bridge Initiative--
High Street Bridge
971 Union County Structurally Summit NJ 760,000
Deficient Bridge Initiative -
Oakland Place Bridge
972 Union County Structurally Summit NJ 800,000
Deficient Bridge Initiative -
Pine Grove Avenue Bridge
973 Union County Structurally Summit NJ 600,000
Deficient Bridge Initiative -
Shunpike Road Bridge
974 Union County Structurally Cranford NJ 800,000
Deficient Bridge Initiative--
Spring Garden Bridge,
Cranford
975 West County Drive (CR 646) Township of Branchburg NJ 6,493,600
Extension
976 West Milford Bikeway West Milford NJ 536,000
Connector Project
977 Willingboro EV Charging Willingboro NJ 800,000
Stations
978 Woodbine Bikeway and Borough of Woodbine NJ 800,000
Trailhead Improvements
979 Arroyo De Los Chamisos Santa Fe NM 4,900,000
Crossing
980 Coal Avenue Commons ``Event Gallup NM 3,500,000
Street''
981 County Road 43--Superman McKinley County-- NM 4,500,000
Canyon Bridges Churchrock Chapter
982 Foothills Drive Enhancement Farmington NM 1,324,800
Phase III
983 Kilgore Street Improvements Portales NM 2,079,000
984 Rio Lucero Road Improvement Taos Pueblo NM 3,048,910
Project
985 Wild Rose Road (Route #670) Santa Clara Pueblo NM 618,000
and Pedestrian Improvement
Project
986 Arlington Avenue Bridges Reno NV 6,000,000
Project
987 Charleston Boulevard Las Vegas NV 7,000,000
Underpass
988 Charleston Park Avenue Pahrump NV 1,552,079
Reconstruction Project
989 Coleman Road Expansion Fallon NV 5,000,000
990 Hydrogen Fuel Cell Bus and Reno NV 5,240,000
Fuel Site Project
991 I-15 South Package 2--Sloan Las Vegas NV 5,000,000
to Blue Diamond
992 Maryland Parkway Bus Rapid Las Vegas NV 5,000,000
Transit Zero Emission Fleet
993 North Las Vegas Street Light North Las Vegas NV 12,000,000
Conversion
994 Rancho Drive Complete Streets Las Vegas NV 3,000,000
Improvements
995 SR28 Central Corridor Sand Carson City NV 1,760,000
Harbor to Spooner--Secret
Harbor to Skunk Harbor
Trail, Parking and Safety
Improvements
996 William Street Complete Carson City NV 2,000,000
Streets Project
997 ADA: Classon Ave / Crosstown Brooklyn NY 5,000,000
Line (G Train)
998 ADA: Forest Hills Platform Queens NY 16,910,000
Extensions & Elevators
999 ADA: Parkchester-E.177 St / Bronx NY 15,000,000
Pelham Line (6 Train)
1000 Asharoken Avenue Northport NY 800,000
1001 Bannister Creek Bridge Lawrence NY 4,940,000
Rehabilitation
1002 Basher Pedestrian Bridge Tarrytown NY 494,400
Rehabilitation
1003 Bayville Bridge Bayville NY 14,489,446
1004 Bridge Repair/Safety Tarrytown NY 1,096,395
Assurance, Westchester
County
1005 Bridge Replacement of CR46 Brookhaven NY 7,200,000
(William Floyd Parkway) over
Narrow Bay
1006 Broadway Junction Brooklyn NY 8,000,000
Improvements Phase 1,
Brooklyn, NY, 8th
Congressional District
1007 City of Poughkeepsie Market Poughkeepsie NY 2,400,000
Street Connectivity Project
1008 Concrete Pavement Brookhaven NY 7,998,048
Rehabilitation I-495
1009 County Route 7&8--RTE 299 Towns of New Paltz and NY 3,600,000
Roadway Repaving Gardiner
1010 Craig Street Corridor Project Schenectady NY 2,700,000
1011 Del Valle Square/Crames Bronx NY 4,870,000
Square Traffic, Safety, and
Plaza Improvements
1012 DL&W Station Buffalo NY 5,000,000
1013 Electric Bus Charging Rochester NY 800,000
Facility
1014 Elmwood Avenue Multiuse Rochester NY 8,596,000
Corridor Improvement
1015 Griswold Road over Murder Darien NY 1,203,200
Creek Bridge Replacement
1016 Half Moon Bay Bridge Croton-on-Hudson NY 1,500,000
Reconstruction Project
1017 Heritage Trail Extension: Town of Goshen NY 500,000
Hartley Road to Downtown
Middletown (Segment 2)
1018 High Line Connections--Hudson New York NY 5,000,000
River Park / Javits Center
Connection
1019 Highland Avenue over Wallace Otisville NY 1,250,000
Street
1020 Highway and Pedestrian Safety Kiryas Joel NY 1,380,000
Infrastructure Improvements
1021 Highway Improvements to the Oyster Bay NY 1,000,000
Interval Avenue Area,
Farmingdale
1022 Hudson Highlands Fjord Trail Beacon NY 4,350,000
1023 Hudson Line Tunnels Peekskill NY 4,550,000
1024 I-84/Route 9D Connectivity Beacon and Town of NY 400,000
(Beacon-Fishkill) Fishkill
1025 Improvements to East Lincoln Oyster Bay NY 1,000,000
Avenue, Riverdale Avnenue
and Pirates Cove, Massapequa
1026 Inner Loop North Rochester NY 4,000,000
Transformation Project
1027 Lake St. Bridge Project Newburgh NY 1,750,000
1028 Lake to Lake Road Bridge Town of Gorham NY 1,464,000
Replacement
1029 Level 2 EV Charging Network Queens NY 734,400
in NYCDOT Municipal Parking
Facilities
1030 Little Bay Park Promenade Bayside NY 1,000,000
1031 Long Beach Road Improvements, Rockville Centre NY 4,780,000
South Hempstead, NY
1032 Multi-Modal Phase I/ Amsterdam NY 4,500,000
Pedestrian Connector Project
1033 Newburgh Ferry Landing Pier Newburgh NY 4,000,000
1034 Northport Flooding on Main Northport NY 1,392,000
St.
1035 Northwest Bronx School Safety Bronx NY 2,331,000
Improvement Project
1036 NY 146 and NY146A Bicycle & Clifton Park NY 1,055,000
Pedestrian Access
Improvements
1037 NYS Route 133 Bike Lane Ossining NY 1,500,000
1038 Onondaga Lake Canalways Syracuse NY 8,000,000
Trail--Salina Extension
Project
1039 Orange-Dutchess Goshen NY 400,000
Transportation Access and
Mobility Study
1040 Outer Harbor Multi-Use Trails Buffalo NY 2,000,000
1041 Park Ave--Ingersoll Houses Brooklyn NY 1,942,000
Safety Improvements
1042 Perry Road (CR 64) Highway Mt. Morris NY 1,440,000
Rehabilitation
1043 Phase 1 of the New York State Auburn NY 2,778,400
Route 38 - State Street
Pavement Preservation
Project
1044 Preventative Maintenance Town of Johnstown & NY 3,394,752
Pavement from Route 67/Route Ephratah
10 Ephratah to Johnstown
City Line
1045 Purchase of Eight Electric Albany NY 6,000,000
Buses for Use in Emerging
Markets - Montgomery County
1046 Putnam County's Donald B. Carmel NY 1,500,000
Smith Transit Hub
1047 Rapids Road Highway Lockport NY 4,000,000
Improvements
1048 Reconstruction of Osborne Auburn NY 4,407,200
Street
1049 Reconstruction of the Oneonta NY 3,200,000
Intersection of Rt 7, Rt 23
and Maple St in Oneonta into
Roundabout Configuration
1050 Replacement of the Bridge Schoharie NY 6,254,400
Street Bridge over Schoharie
Creek
1051 Restoration of Van Cortlandt Croton-on-Hudson NY 600,000
Manor Entrance Road Project
1052 Riverside Drive Pedestrian New York NY 2,400,000
Mall
1053 Rose Road over Bowen Creek Batavia NY 1,033,600
Bridge Replacement
1054 Route 104 Intersection Ontario NY 1,254,400
Improvement Project
1055 Route 2 Multi-Modal Troy NY 5,700,000
Connectivity Project
1056 Route 28/South Inlet Lake Town of Arietta NY 6,621,248
1057 Route 31 Improvement Project Wayne County NY 2,970,400
1058 RT 12E/ Chaumont River Village of Chaumont NY 9,984,000
1059 Safe and Accessible Midtown Kingston NY 6,053,818
Kingston
1060 Safe Passage for CRCS Cuba NY 1,472,000
Students
1061 Safe Routes to School- Bronx NY 1,682,000
Bronx
(HWCSCH4D)
1062 Safe Routes to School-- New York NY 3,643,000
Manhattan (HWCSCHMN)
1063 Safe Routes to Transit 86th Brooklyn NY 2,516,000
Street
1064 Sands Point Preserve Bridge Village of Sands Point NY 1,784,000
1065 Sharp Road (CR 181) over Concord NY 1,400,000
Spring Brook Bridge
Replacement
1066 Shoreline Trail Lackawanna and Hamburg NY 2,000,000
1067 Southeast Queens Flooding Queens NY 3,859,000
Relief
1068 Street Restoration in Brooklyn NY 4,884,000
Brooklyn--Hancock St,
Bushwick Ave, Hill St, E
80th St
1069 The Maiden Lane Greece NY 6,604,000
Rehabilitation Project
1070 The New Rochelle LINC Project New Rochelle NY 13,000,000
1071 The Riverline Buffalo NY 10,500,000
1072 Twin Cities Highway Complete Tonawanda and North NY 500,000
Streets Tonawanda
1073 Ulster County Electric Bus Kingston NY 800,000
Charging Infrastructure
1074 Union Turnpike Center Median Queens NY 2,355,200
Replacement
1075 Van Wyck Expressway Access Queens NY 16,141,000
Improvement to John F.
Kennedy Airport
1076 Victor Traffic Mitigation Victor NY 9,920,000
Project
1077 Village of Ossining Route 9 Ossining NY 1,000,000
Road Diet Project
1078 Water Street Rejuvenation Elmira NY 1,289,400
Project
1079 West Broadway Rehabilitation Woodmere to Cedarhurst NY 9,670,000
1080 West Lake Road (CR 3) Perry NY 931,478
Preventative Maintenance
1081 Williams Bridge Station Bronx NY 14,675,000
Renewal
1082 Yonkers Greenway Yonkers NY 1,791,600
1083 11th Street Reconstruction Canton OH 1,500,000
Project
1084 Arlington Road Corridor Green OH 5,578,551
1085 Bagley Road Reconstruction North Ridgeville OH 1,500,000
1086 BRO-32-4.16 Mt. Orab OH 10,000,000
1087 Cherry Rd Bridges Massillon OH 1,480,000
Rehabilitation
1088 CLE CR 3 - Aicholtz Road Cincinnati OH 2,000,000
Roundabouts
1089 CLE SR32-2.33 - CLE CR55 Batavia OH 1,500,000
Overpass
1090 Cleveland Avenue Multimodal Westerville OH 800,000
Facility Project
1091 Columbia Road--I-90 Westlake OH 1,900,000
Interchange
1092 E. Main Street (SR153) & Louisville OH 1,200,000
Nickel Plate Intersection
Improvement
1093 East Dayton Rails-to-Trails Dayton OH 2,000,000
(Flight Line)
1094 Easton Street/GlenOak HS Canton OH 575,000
Intersection Improvements
1095 Electric Trolley Power Dayton OH 3,600,000
Distribution System
1096 French Creek Greenway Phase 1 Avon OH 595,637
1097 Gaysport Bridge Replacement Philo OH 3,000,000
Project
1098 HAM-75-1.95 Cincinnati OH 8,640,000
............................. ........................ ........................ 4,320,000
............................. ........................ ........................ 4,320,000
1099 Hydrogen Infrastructure Tank Canton OH 1,000,000
Increase
1100 Interchange Construction Sunbury OH 3,000,000
Project on I-71 at Sunbury
Parkway
1101 Kungle Road Culvert Norton OH 308,000
Replacement
1102 LUC IR 475 @ US 20A Lucas County OH 10,000,000
Interchange
1103 Main Street Corridor Mansfield OH 2,000,000
Improvement Plan
1104 Miller Road--I77 Interchange Brecksville OH 12,000,000
1105 Olmsted Falls Columbia Rd. Olmsted Falls OH 1,900,000
1106 Pearl Road Brunswick Brunswick OH 2,718,700
1107 Pearl Road Improvements Brunswick OH 1,500,000
1108 River Styx Road/SR 162 Montville Township OH 3,200,000
Intersection Roundabout
1109 Sprague Road Widening Parma Parma OH 800,000
1110 SR283 Capacity Improvements Mentor OH 3,148,000
1111 Stark County CR-224 North Canton OH 350,000
1112 State Route 13 Relocation Mount Vernon OH 1,900,405
1113 State Route 254 & State Route Avon OH 1,500,000
83 Intersection Improvement
1114 Study and Design of ATB 531 Ashtabula OH 2,400,000
1115 The Point Intersection--US 36/ Delaware OH 4,000,000
SR 37
1116 Thornwood Crossing Project Newark OH 5,000,000
1117 U.S. Route 30--East Canton East Canton OH 1,500,000
Expansion
1118 US-422 Harper Road Solon OH 2,414,288
Interchange
1119 W. Tuscarawas Street Safety Canton OH 1,000,000
Corridor Project
1120 Wadsworth Streetscape Wadsworth OH 2,500,000
1121 Wayne CR-30 Resurfacing Wooster OH 1,219,962
project
1122 West Creek Greenway Parma OH 2,720,000
1123 Western Hills Viaduct Cincinnati OH 15,000,000
Replacement Project
1124 Bobcat Way: Transformation of Grandview Heights OH 1,000,000
Fairview Avenue
1125 Broad Street and James Road Columbus OH 1,000,000
Intersection
1126 Cherry Bottom Road Emergency Gahanna OH 860,000
Stabilization
1127 City of Akron--North Main Akron OH 4,000,000
Street Complete Streets
Project
1128 Cleveland Hopkins Airport Cleveland OH 2,000,000
Master Plan Interstate
Access Improvement Project
1129 Cuyahoga Falls--Gorge Terrace City of Cuyahoga Falls OH 7,200,000
Street Transformation
Project
1130 Eastgate--State Route 46 and Howland Township OH 4,000,000
Warren-Sharon Road
Intersection Safety
Improvements
1131 Ferris Road Corridor Columbus OH 2,000,000
1132 Hiawatha Park Drive Urban Columbus OH 1,000,000
Greenway
1133 Hudson Street and Greenway Columbus OH 1,000,000
Trail
1134 Jackson Street/ Civic Center Toledo OH 4,000,000
Mall Corridor-Lucas County
1135 Life and Safety Facility Toledo OH 4,000,000
Upgrades, TARTA M&O Facility
1136 Lorain County Lakefront Lorain Ohio OH 4,000,000
Connectivity Project
1137 Mahoning Avenue Industrial Jackson Township OH 4,000,000
Corridor Upgrade
1138 Multimodal Lakefront Access, City of Cleveland OH 2,000,000
Cuyahoga County, Ohio Boundary, including Bay
Village, Rocky River,
and Lakewood
1139 Operation Safewalks - Refugee Columbus OH 2,000,000
Road
1140 Reynoldsburg East Main Phase Reynoldsburg OH 1,585,000
II
1141 Reynoldsburg Park & Ride Reynoldsburg OH 500,000
1142 Rickenbacker Area Access-- Columbus OH 5,000,000
Northbound Bridge Project
1143 Rickenbacker Area Mobility Columbus OH 3,000,000
Center (RAMC)
1144 Sandusky Bay Pathway Sandusky OH 4,000,000
1145 Bridges on Interstate 35 at Edmond OK 10,000,000
Interchanges between
Memorial and 2nd Street
1146 I-35 Widening in Love County Love County OK 17,120,000
1147 I35/I240 Interchange Oklahoma City OK 10,000,000
1148 I-40 and Exit 65 in Clinton Clinton OK 3,250,000
1149 S.E. 29th Street Bridge Midwest City OK 2,880,000
Replacement & Repair Project
1150 SH30 from SH33 N. 2 miles in Durham OK 2,000,000
Roger Mills Co
1151 SH-33 from Blaine County line Kingfisher OK 3,250,000
east to SH-74
1152 US-270 between Watonga and Watonga OK 3,250,000
Seiling
1153 US-287 from Boise City north Boise City OK 3,250,000
to Colorado (Ports-to-Plains
Corridor)
1154 181st Safety Improvements Gresham OR 4,000,000
1155 82nd Avenue Safety Projects Portland OR 5,000,000
1156 Albany Transit Operations Albany OR 1,563,978
Facility
1157 Beaverton Downtown Loop: Beaverton OR 4,000,000
Phase 1 Improvements
1158 Benton Area Transit Vehicle Corvallis OR 528,000
Replacement
1159 Corvallis Area Pedestrian Corvallis OR 880,000
Crossing Improvements
1160 Georgia Pacific Mill Site Coos Bay OR 4,500,000
Rail-Served Marine Terminal
1161 I-5: Aurora-Donald Aurora OR 20,000,000
Interchange Improvement
Project
1162 Libby Lane Repaving Coos Bay OR 486,400
1163 LTD Electric Bus Replacement Eugene OR 1,844,322
1164 Main Avenue/OR 104 Pedestrian Warrenton OR 1,360,000
Route
1165 NW Circle Boulevard Corvallis OR 2,800,000
Reconstruction/
Rehabilitation
1166 OR18: Newberg-Dundee Bypass Newberg OR 8,000,000
Phase 2 (OR219 Section)
1167 River Road--Santa Clara Eugene OR 1,500,000
Bicycle and Pedestrian
Bridge
1168 Rose Lane / High Crash Portland OR 5,000,000
Corridor - Smart Tech and
Safety Improvements - 122nd
1169 Safety and Smart Technology Portland OR 4,000,000
Investments: Central City,
Broadway
............................. ........................ ........................ 2,000,000
............................. ........................ ........................ 2,000,000
1170 Siuslaw River Bridge Florence OR 897,300
Pedestrian and Bicycle
Improvement Project
1171 Territorial Highway Lane County OR 5,000,000
Reconstruction Phase 3
1172 TriMet Zero Emission Bus Portland OR 4,000,000
Infrastructure
1173 Tualatin Valley Highway Cornelius, Hillsboro, OR 4,000,000
Safety Improvements unincorporated
Washington County
1174 Amtran Bus Replacement Altoona PA 900,000
1175 Asset Management Phase 1 Washington/North Branch/ PA 2,800,000
Forkston Townships
1176 Bradford Bypass Bradford PA 5,680,000
1177 Bristol Station Improvements Bristol PA 5,000,000
1178 Cambria County Transit Johnstown PA 6,160,000
Authority (CamTran) Bus
Replacements
1179 Crawford Avenue Bridge Connellsville PA 5,682,180
Rehabilitation
1180 East Washington Road (PennDOT New Castle PA 3,116,000
ID 91768)
1181 East Washington Street Bridge New Castle PA 1,400,000
(PennDOT ID 100743)
1182 Johnstown Mainstreet Greenway Johnstown PA 1,500,000
& Urban Connectivity
Improvements
1183 Laurel Valley Transportation Mt Pleasant and Unity PA 5,000,000
Improvement Project SR 130 Townships
to Arnold Palmer Airport
1184 Lower State Road Grade Philadelphia PA 1,200,000
Crossing Safety Improvements
1185 Marsh Creek Greenway Wellsboro PA 5,000,000
1186 PA Route 26 Jacksonville Road Bellefonte PA 5,000,000
Betterment
1187 PA Turnpike / I-95 Bensalem PA 5,000,000
Interchange Project, Section
C
1188 PA Turnpike / I-95 Bensalem PA 5,000,000
Interchange Project, Section
D30
1189 Purchase of 8 Microtransit State College PA 416,000
Vans
1190 Route 61 Revitalization Schuykill County PA 15,200,000
1191 Sassafras Street Extension Erie PA 4,400,000
Pedestrian Bridge
1192 SR 1001 Farrandsville Road Woodward Township and PA 1,200,000
Improvements Lock Haven
1193 SR 104 over Mahantango Creek Chapman Township PA 1,000,000
1194 SR2027 Speers Bridge Speers Borough PA 5,672,564
Replacement over I-70
1195 SR87 ov Kettle Creek Hillsgrove Township PA 1,040,000
1196 State Route 68 Corridor Butler PA 6,630,000
Improvements
1197 US 422 Bypass Phase 2 Butler, Connoquenessing, PA 2,454,000
and Franklin Townships
1198 US 6: Reynolds St - Baldwin Meadville PA 2,000,000
St Ext (Route 6 Highway
Reconstruction)
1199 US Business Route 322 (State State College PA 5,550,000
Route 3014) Atherton Street
Section 153 Drainage/
Repaving Project
1200 Warrensville Road Slide Williamsport PA 3,360,000
Rehabilitation
1201 Waynesburg Betterment Waynesburg Borough & PA 8,000,000
Franking Township
1202 69th Street Transportation Upper Darby PA 1,600,000
Center Master Plan
1203 Blakely Borough Main Street Blakely Borough, PA 1,497,417
Corridor Improvement Project Lackwanna County
1204 Bridge Replacement 209 & 33 Hamilton Township PA 2,000,000
NB over Appenzell Creek
1205 Bushkill Creek Bridge Easton PA 4,000,000
Replacements (2) Carrying
State Route 33
1206 Carnegie Station Improvement Carnegie PA 9,699,200
and Park and Ride Expansion
1207 Castor Ave Complete Street Philadelphia PA 3,000,000
1208 Cementon Bridge Replacement Whitehall, Northampton PA 10,000,000
carrying State Route 329
over the Lehigh River
1209 Chestnut Street Pedestrian Philadelphia PA 3,000,000
Safety Islands
1210 Cobbs Creek Parkway Philadelphia PA 2,000,000
Multimodal Safety
Improvements: Larchwood
Avenue to 67th St.
............................. ........................ ........................ 1,200,000
............................. ........................ ........................ 800,000
1211 County of Lackawanna Transit Scranton PA 5,000,000
System Transit Facility
Renovation
1212 Crestwood Drive Resurfacing Wright Township, Luzerne PA 1,200,000
Project County
1213 Critical Pedestrian Pittsburgh PA 5,000,000
Connections - Public Steps
Reconstruction
1214 Cross County Trail - Plymouth Township PA 4,840,000
Germantown Pike Crossing and
Extension
1215 Erie Station (Broad Street Philadelphia PA 7,200,000
Line) Accessibility
Improvements
............................. ........................ ........................ 3,600,000
............................. ........................ ........................ 3,600,000
1216 Exton Station Intermodal Exton PA 4,800,000
Connectivity
1217 Frankford Creek Greenway: Philadelphia PA 2,000,000
Adams Avenue to Bristol
Street
1218 Franklin Square Pedestrian Philadelphia PA 240,000
and Bicycle Improvement--7th
and Race Specific
1219 Hazleton Buses and Bus Hazleton PA 1,500,000
Infrastructure
1220 Hill District Corridor Pittsburgh PA 6,000,000
Enhancements
1221 Improvements to Boulevard of Pittsburgh PA 5,000,000
the Allies
1222 Kittanning Pike Flood Control O'Hara Township PA 2,200,000
1223 Lower Demunds Road Dallas Township, Luzerne PA 1,200,000
Resurfacing Project County
1224 Main Street Grade Crossing in Darby Borough PA 1,000,000
Darby Borough
1225 Mantua Neighborhood Traffic Philadelphia PA 4,000,000
Safety Project (34th St.)
1226 Marcus Hook Regional Rail Marcus Hook PA 11,250,000
Station Accessibility
Improvements
1227 Market Place District Moon Township PA 3,100,800
Improvements Project
1228 McKees Rocks Bridge McKees Rocks PA 5,000,000
1229 McKeesport--Duquesne Bridge McKeesport PA 4,000,000
Preservation
1230 PA 12 West Resurface- 422 Wyomissing Borough PA 4,000,000
1231 Parkside Avenue - Safe Access Philadelphia PA 4,000,000
to Parks
1232 Penn Center Transit Gateway Philadelphia PA 3,975,000
1233 PHL Airport Bike Lanes Philadelphia PA 3,000,000
1234 Replacement of SR 590 Bridge Salem Township, Wayne PA 560,000
over Branch of Ariel Creek County
1235 Replacement of SR 590 Bridge Paupack Township, Wayne PA 432,000
over Inlet to Finn Swamp County
1236 Roosevelt Boulevard Philadelphia PA 1,960,000
Intersection Improvements
1237 Schuylkill Avenue Bridge Reading PA 4,904,036
1238 Second Street Signal Philadelphia PA 2,400,000
Optimization (Lehigh Ave to
Callowhill St)
1239 SEPTA Platform Rehabilitation Philadelphia PA 1,205,000
Project at PHL
1240 Sleepy Hollow Road Bridge Butler Township, Luzerne PA 1,200,000
Replacement County
1241 South Henderson Road Widening Upper Merion PA 5,000,000
1242 SR 29 & SR 113 Intersection Perkiomen Township PA 3,676,512
Improvements
1243 SR 4004--Park Ave, Eagleville Audubon PA 4,745,604
Road, Crawford Road
Intersection Realignment
Project
1244 State Route 115 Corridor Chestnuthill Township, PA 4,000,000
Improvements Effort Monroe County
1245 State Route 590 Paving Lackawaxen Township, PA 2,400,000
Project Pike County
1246 State Route 652 Resurfacing Berlin Township, Wayne PA 1,008,000
Project County
1247 Tilghman Street and State South Whitehall Township PA 4,000,000
Route 309 Interchange
Reconstruction
1248 Upper Darby Walnut Street Upper Darby PA 745,000
Multimodal Connectivity
Project
1249 US 222 Hard Shoulder Wyomissing Borough PA 5,000,000
1250 PRHTA-01 Lajas to San German Lajas PR 5,000,000
1251 PRHTA-02 Gurabo Gurabo PR 4,800,000
1252 PRHTA-03 Bayamon Bayamon PR 7,884,000
1253 East Main Road - Union Avenue Portsmouth RI 240,000
to Sandy Point Avenue Safe
Shared-Use Path
1254 Hope and Main Street Bristol and Warren RI 8,000,000
Sidewalks
1255 Pawtucket Avenue Veteran's East Providence RI 5,600,000
Memorial Parkway to Waterman
Avenue
1256 Post Road and Old Post Road Westerly, Charlestown RI 10,400,000
Improvements
1257 Route 2, Bald Hill Road, and Warwick/Cranston RI 4,000,000
New London Avenue
Improvements
1258 RT-114, Wampanoag Trail (East Barrington and East RI 5,920,000
Shore Expressway to Federal Providence
Road)
1259 Trestle Trail--West Section Coventry RI 4,400,000
1260 I 26/ 526 Interchange North Charleston SC 20,000,000
1261 SC-126 Belvedere Clearwater Clearwater SC 13,069,695
Road Widening
1262 Corridor Improvement at Old Calhoun County SC 1,100,000
State Road (US 21/176) from
Savany Hunt Creek Road (S-
86) to Old Sandy Run Road (S-
31)
1263 Intersection Improvement at Gaston SC 1,100,000
Old State Road (US 21/176)
and Savany Hunt Creek Road
(S-86)
1264 Santee Wateree Regional Sumter SC 2,000,000
Transportation #2022
1265 Sumter Manning Avenue Bridge Sumter SC 4,000,000
Multimodal Enhancements
1266 US 21/178 Bypass (Joe S. Orangeburg SC 7,800,000
Jeffords Highway) Corridor
Improvement
1267 Walk Bike Columbia Columbia SC 4,000,000
1268 Blount County Greenway Blount County TN 3,420,800
1269 Elvis Presley Boulevard Memphis TN 7,000,000
1270 Knob Creek Road Johnson City TN 2,630,000
1271 Magnolia Avenue Corridor Knoxville TN 10,000,000
1272 MATA Electric Bus Program Memphis TN 7,000,000
1273 Memphis 3.0 (Kimball at Memphis TN 3,000,000
Pendleton)
1274 Mississippi Boulevard Memphis TN 1,141,440
Signalized Pedestrian
Crossing
1275 Overton Park Cooper Street Memphis TN 1,739,432
Entrance
1276 SR-126 Kingsport TN 5,662,000
1277 SR-34 Morristown TN 2,394,000
1278 SR-35 Greenville TN 2,018,000
1279 SR-36 Spurgeon TN 5,445,000
1280 SR-499 EXT Sevierville TN 832,000
1281 SR-93 Horse Creek Kingsport TN 777,000
1282 SR-93 Miscellaneous Safety Fall Branch TN 242,000
Improvements
1283 Third/Fourth Street Corridor Chattanooga TN 2,500,000
Project, Chattanooga, TN
1284 US-127 (SR-28) Fentress County / TN 20,000,000
Cumberland County
1285 54 Scott Street BOOST Houston TX 20,000,000
Corridor project
1286 Austin Bergstrom Spur Urban Austin TX 10,000,000
Trail
1287 Austin Ross Road Substandard Austin TX 10,000,000
Street
1288 Bear Creek Road Improvement Glenn Heights TX 3,329,417
Project
1289 City of South Houston-- South Houston TX 1,264,530
Concrete Sidewalks
1290 Clay Road Bridge Houston TX 9,929,577
Reconstruction Project
1291 Dallas East Grand Avenue (SH- Dallas TX 1,300,000
78) Corridor Study &
Infrastructure Improvements
1292 Dallas Vision Zero Dallas TX 10,000,000
Implementation
1293 DART LED Light Replacement Dallas TX 2,080,000
Project
1294 DART Mobile Data Terminals Dallas TX 1,760,000
System Upgrade Project
1295 East Dallas Bus and Dallas TX 891,992
Maintenance Facility
Renovation Project
1296 FM 3349/US 79 Railroad Grade Hutto & Taylor TX 10,000,000
Separation Project
1297 FM 60 from 2 miles east of SH Caldwell TX 4,000,000
36 to .8 miles west of FM
2039
1298 Foley Street & Navigation Houston TX 10,000,000
Realignment & Infrastructure
Re-Use Construction Phase
1299 Fondren Road Reconstruction Houston TX 11,000,000
with Transit and Pedestrian
Enhancements
1300 Greater Downtown Dallas Dallas TX 1,600,000
Master Plan
1301 Grove Street Intermodal Fort Wort TX 3,250,000
Campus Rehabilitation
1302 High Line Project Pharr TX 940,160
1303 IBTC Donna and Alamo TX 3,500,000
1304 IH 45 from 1.5 miles south of Fairfield TX 1,000,000
S 84 to US 84
1305 IH 69E Lyford and Sebastian TX 3,500,000
1306 Intersection at SH 191 and Midland TX 6,520,000
Yukon Rd.
1307 John Hayes Extension El Paso TX 12,000,000
1308 Meadowglen West Complete Houston TX 4,000,000
Street Project
1309 Memorial Park Connector South Houston TX 4,000,000
1310 Missouri City/BW 8 Transit Missouri City TX 5,000,000
Facility
1311 New Construction Overpass at Odessa TX 2,000,000
Loop 338 and South US 385
1312 Pharr International Bridge Pharr TX 2,863,918
Dock Expansion 1
1313 Pharr International Bridge- Pharr TX 3,880,000
Commercial Vehicle Staging
Area
1314 Phase 3A--SL 88 from Memphis Lubbock TX 11,820,000
to CR 2240 (Ave. U) (TxDOT
Project Id: 1502-01-029)
1315 Phase 3B--SL 88 from SL 88 Lubbock TX 8,180,000
from Chicago Avenue to
Memphis Avenue (TxDOT
Project Id: 1502-01-030)
1316 Reconstruction of US385 in Odessa TX 1,000,000
Odessa
1317 Re-establish Northwest Drive Mesquite TX 10,000,000
Direct Access to IH 635
1318 RM 2243 Resiliency Project Leander TX 10,000,000
1319 Safe Access to Transit Houston TX 1,200,000
Improvements
1320 SH 550 Brownsville TX 3,791,529
1321 SH 6 from BS 6-R to SH 40 College Station TX 4,000,000
1322 South Parallel Corridor Phase San Benito TX 6,500,000
III
1323 South Park and Ride Project/ McAllen TX 4,700,000
Electric Bus Project
Expansion
1324 Speegleville Road: Bridge at Waco TX 8,379,000
Middle Bosque River
1325 Stanton Street Bridge ``Good El Paso TX 7,200,000
Neighbor International
Bridge'' Intelligent
Transportation System
1326 The I-35 Innovative Corridor Dallas TX 7,500,000
Project
1327 Traffic Signal Improvements Odessa TX 2,480,000
Loop 338 at W Yukon Rd
1328 Trinity Lakes Station--Fort Fort Worth TX 11,962,800
Worth Transportation
Authority
1329 TX SH 36 Expansion Fort Bend County TX 20,000,000
1330 Vallecillo Road Project Laredo TX 14,000,000
1331 Westheimer BOOST Houston TX 16,000,000
1332 Widen US-77 Victoria TX 20,000,000
1333 Widening of US-83 South of Zapata TX 5,780,148
Zapata Townsite Project
1334 Zarzamora/Frio City Road RR San Antonio TX 15,600,000
Overpass
1335 1300 East/Richmond Street Salt Lake City UT 2,000,000
Reconstruction
1336 1500 West and 1300 North Clinton City UT 1,200,000
Roundabout
1337 4700 South Project WVC West Valley City UT 3,000,000
1338 700 West Project South Salt Lake City UT 3,000,000
1339 BRT from Kimball Junction to Park City UT 6,500,000
Park City (S.R. 224)
1340 Colorado River Pathway Phase Moab/Grand County UT 1,000,000
IV
1341 Fort Street Reconstruct Draper UT 915,294
1342 Frontage Road Bypass Herriman UT 4,800,000
1343 FrontRunner Forward Provo to Ogden UT 3,300,000
1344 Legacy Highway Frontage Road Centerville UT 1,500,000
Project
1345 Midvalley Connector Murray, West Valley, UT 5,500,000
Salt Lake City
1346 Neffs Canyon Trailhead Salt Lake City UT 800,000
Redesign
............................. ........................ ........................ 400,000
............................. ........................ ........................ 400,000
1347 North Sugar Factory Road Gunnison UT 1,727,200
1348 Ogden 25th Street Rebuild Ogden UT 5,500,000
Project
1349 Ogden Canyon Shared Use Ogden UT 4,000,000
Pathway Project
1350 Park City Arts and Culture Park City UT 1,200,000
District Roadway and
Connectivity Project
1351 Provo Intermodal Center Provo UT 1,000,000
Pedestrian Bridge Project
1352 Safe Route to School Sidewalk Salt Lake County UT 73,345
Project
1353 Sharp/Tintic Railroad Springville and Spanish UT 1,700,000
Connection Fork
1354 SR-7 Exit 5 Interchange, St. George UT 5,000,000
Southern Hills Bridge and
Roadway
1355 Young Street Bridge and Morgan City UT 1,547,401
Connector Road Project
1356 Arlington Ridge Road Bridge Arlington/Alexandria VA 9,000,000
1357 Berkley Avenue Bridge Norfolk VA 5,000,000
1358 Chesapeake All-Electric Chesapeake VA 1,600,000
Mobile Command Vehicle
Demonstration Project
1359 Coalfields Expressway--RTE Grundy VA 4,097,500
121 West Virginia State Line
to Grundy, VA
1360 Commerce Road Improvements Richmond VA 1,600,000
Project
1361 Craney Island Access Road Portsmouth VA 3,111,500
1362 Electric Emergency Response Chesapeake VA 1,600,000
Vehicles
1363 Fall Line Trail - Downtown Richmond VA 1,500,000
Core Enhancements
1364 HRT Bus Replacement Virginia Beach VA 2,377,000
1365 I-64 at Oilville Road (Rte. Goochland County VA 3,436,000
617) Interchange
1366 I-66 Transportation Fairfax VA 4,000,000
Alternatives
1367 I-81 Northbound Truck Marion VA 11,160,000
Climbing Lane--Mile Marker
39.5
1368 Intersection Safety Troy VA 5,082,700
Improvements at the
Intersection of Route 15 and
Route 250
1369 Intersection Safety Louisa VA 2,050,000
Improvements at the
Intersection of Route 22 and
Route 780
1370 Interstate 95 and Willis Road Chesterfield VA 3,200,000
Interchange Improvements
Project
1371 Jahnke Road: Blakemore Road Richmond VA 1,600,000
to Forest Hill Avenue
1372 Long Bridge Arlington VA 4,000,000
1373 Mathis Corridor Manassas VA 7,000,000
Revitalization Project
1374 Multimodal Transportation Falls Church VA 2,000,000
Infrastructure Improvements
1375 Nimmo Parkway Phase VII-B Virginia Beach VA 5,000,000
1376 Old Bridge Road at Gordon Woodbridge VA 4,000,000
Boulevard Interchange/
Intersection Improvements
1377 Parallel Chesapeake Tunnel Northampton County VA 3,111,500
Project
1378 Peninsula Transit Signal Newport News and Hampton VA 9,702,071
Priority Improvements
1379 Red Lane Road/Rt. 60 Powhatan VA 3,145,663
Continuous Green T
1380 Richmond Highway Bus Rapid Fairfax County VA 5,000,000
Transit
1381 Roundabout at the Prince George County VA 3,540,806
intersection of Middle Road
(Rt. 646) and Jefferson Park
Road (Rt. 630)
1382 Route 31 Bicycle Surry VA 6,379,000
Accommodations Project
1383 Route 7/Route 690 Interchange Purcellville VA 10,000,000
1384 Rt. 208 (Courthouse Road) and Fredericksburg VA 1,151,000
Hood Drive Intersection
Improvement (UPC 110987)
1385 Silver Line Support Fairfax VA 10,500,000
Transportation Alternatives
1386 The Birthplace of America Newport News VA 3,160,000
Trail
1387 Tidewater Drive Norfolk VA 6,400,000
Reconstruction
1388 Transit Enhancement and Chesterfield VA 4,688,800
Expansion
1389 St. Croix/St. Thomas Ferry Christiansted VI 15,000,000
1390 Barre City-Barre Town VT Barre VT 4,750,000
Route 14 / Quarry Street and
Quarry Hill Road
Intersection Reconstruction
1391 Essex Junction Crescent Essex VT 5,400,000
Connector
1392 Railyard Enterprise Project Burlington VT 2,250,000
(Design & Permitting Phase)
1393 Town of Hartford (Quechee) Hartford VT 7,600,000
U.S 4 Bridge Rehabilitation
1394 Bigelow Gulch and Sullivan Spokane Valley WA 2,650,000
Road Corridor
1395 City of Waitsburg Highway 12 Waitsburg WA 350,000
Preston Bridge Replacement
1396 Columbia Heights Road Longview WA 5,500,000
Reconstruction
1397 Ferry County Kettle River Curlew WA 1,797,000
Road Rehabilitation
1398 I-5/SR 503 Interchange Area Woodland WA 11,760,000
Improvements
1399 Industrial Rail Corridor Longview WA 2,740,000
Expansion (IRCE)
1400 Palouse River Bridge Colfax WA 6,000,000
Replacement
1401 Spokane Airport Spotted Road Spokane WA 6,749,000
Project
1402 SR 410/Rock Creek Vic-- Naches WA 3,562,000
Chronic Environmental
Deficiency
1403 SW Mojonnier Road College Place WA 2,453,574
Reconstruction
1404 US 12 Naches Vic to Yakima Naches WA 1,452,000
Vic--Intersection Safety
Improvements
1405 US 97/Jones Rd--Intersection Wapato WA 4,464,000
Improvements
1406 US Highway 12 Phase 8 Final Touchet WA 5,965,931
Design and Right of Way
Acquisition
1407 Yakima County, East-West Yakima WA 4,000,000
Corridor Phase II Project.
1408 169th Street Connecting Arlington WA 3,900,000
Segment
1409 20th Street NE / Main Street Lake Stevens WA 2,000,000
Improvements
1410 42nd Ave S Bridge Replacement Tukwila WA 1,270,000
Project
1411 Aberdeen US 12 Highway-Rail Aberdeen WA 2,080,000
Separation Project
1412 Access and Circulation Roads Town of Darrington WA 1,291,869
for the Darrington Wood
Innovation Center
1413 Bellevue Transit Center Bellevue WA 1,000,000
Safety and Connectivity
Project
1414 City of Carnation Larson / Carnation WA 2,400,000
40th Street Bypass Project
1415 City of Kenmore Fish Passable Kenmore WA 1,224,000
Culvert Replacements
1416 College Street Corridor Lacey WA 6,000,000
Improvements Phase III
1417 Columbia River Pedestrian Wenatchee WA 8,600,000
Bridge Extension, Apple
Capital Loop Trail
1418 E. 64th Street Phase II Tacoma WA 5,600,000
1419 East Marginal Way Corridor Seattle WA 2,340,000
Improvements - Phase 1
1420 Eastrail Wilburton Critical Bellevue WA 1,680,000
Crossing
1421 Georgetown to South Park Seattle WA 1,800,000
Connection
1422 Gorst Area Resiliency and Bremerton WA 8,000,000
Redundancy Alternatives
Study
1423 Guemes Island Ferry Anacortes WA 8,000,000
Replacement Project
1424 I-5/Lake Washington Ship Seattle WA 5,000,000
Canal Bridge
1425 Lea Hill Corridor 112th Ave Aubrun WA 4,446,200
SE & 105th Pl SE
Intersection Improvements
1426 Links to Opportunity Tacoma WA 2,000,000
Streetscape Project
1427 Lyon Creek Culvert Lake Forest Park WA 3,100,000
Replacement Project
1428 Meeker Complete Street/Safe Kent WA 2,500,000
Routes to School Project
1429 MLK Jr. Way S Safety and Seattle WA 750,000
Accessibility Improvements
Project
1430 NE 124th St / 124th Ave NE Kirkland WA 2,000,000
Pedestrian Bridge (Totem
Lake Non-Motorized Bridge)
1431 Orting HWY 162 Pedestrian Oting WA 6,000,000
Bridge
1432 Puyallup Avenue Transit/ Tacoma WA 2,000,000
Complete Street Improvements
1433 Rainier Avenue South Corridor Renton WA 2,000,000
Improvements--Phase 4A
1434 Redmond Central Connector Redmond WA 3,000,000
Phase III
1435 Roundabout on US-2 and Main Sultan WA 900,000
Street
1436 Safe Routes to School Tacoma WA 1,000,000
Improvements: Whitman
Elementary and Edison
Elementary Schools
1437 Sheffield Trail Improvement Fife WA 2,750,000
Project
1438 South Campus Interim Base Tukwila WA 3,000,000
Electrification
1439 South Tacoma Way, 88th Street Lakewood WA 2,400,000
S to 80th Street Court SW.
1440 South Whidbey--Clinton Area Clinton WA 1,500,000
Transportation
Infrastructure Improvements
1441 SR 99/NB Duwamish River Seattle WA 2,000,000
Bridge--Grid Deck
Replacement
1442 SR522 Corridor Improvement Maltby WA 4,000,000
1443 Town to Zylstra Lake Multi- Friday Harbor WA 5,280,000
Modal Trail
1444 Tukwila International Tukwila WA 2,000,000
Boulevard Bus Rapid Transit
Station
1445 US 12/Heron St Bridge Tier 1-- Aberdeen WA 2,038,166
Bridge Rehabilitation
1446 US-2 WB Trestle Lake Stevens, Everett WA 1,680,000
............................. ........................ ........................ 840,000
............................. ........................ ........................ 840,000
1447 Washington State Ferries Seattle WA 4,200,000
Seattle Ferry Terminal
Shoreside Electrification
1448 West Seattle and Ballard Link Seattle WA 5,360,000
Extensions (WSBLE)
1449 X Street Roundabout Tumwater WA 3,250,000
1450 Atwood Ave. (Fair Oaks Ave. Madison WI 6,275,000
to Cottage Grove Rd.)
1451 BeerLine Bike and Pedestrian Milwaukee WI 1,200,000
Trail
1452 CTH CC from Ash Street to CTH Oregon WI 2,000,000
D
1453 CTH CV from Government Road Madison WI 2,000,000
to USH 51
1454 CTH M/Century Avenue Bridge Middleton WI 2,000,000
(B-13-0046) over Pheasant
Branch Replacement Including
Approaches and Branch Street
Intersection
1455 CTH P from CTH PD to CTH S Klevenville WI 2,000,000
1456 I-94 Screening Wall at Woods Milwaukee WI 2,000,000
National Cemetery
1457 Milwaukee Country Transit Bus Wauwatosa WI 4,000,000
Purchase
1458 Milwaukee County Transit Wauwatosa WI 2,000,000
Security Initiative
1459 Reconstruction of Silver Glendale WI 4,500,000
Spring Drive
1460 Reedsburg - Baraboo, Preston Reedsburg WI 125,000
Avenue to STH 23 Const./Mill
& Overlay, State 3R
1461 Reedsburg - Wisconsin Dells Reedsburg WI 1,600,000
STH 136 Intersection Const./
Intersection Improvement/RAB
Safety
1462 South Kinnickinnic Avenue St. Francis WI 700,000
Resurfacing Project
1463 US 14 (Wisconsin River to Oak Arena WI 2,000,000
Street) between Spring Green
& Madison
1464 Vliet Street Resurfacing Milwaukee WI 4,200,000
Project
1465 Hal Greer Boulevard Corridor Huntington WV 6,400,000
Upgrade
1466 Michael Angiulli Memorial North View WV 2,080,000
Bridge
1467 New Cumberland--WV 2 New Cumberland WV 3,200,000
1468 Princeton Overhead Bridge Princeton WV 3,600,000
1469 Rock Creek Interchange--New Rock Creek WV 10,000,000
Access Road
1470 Route 93 Scherr Overpass Scherr WV 3,120,000
1471 Van Voorhis Road Morgantown WV 6,800,000
1472 WVU PRT Passenger Stations Morgantown WV 4,800,000
Rehabilitation Project
1473 Excelsior Springs Safe Excelsior Springs MO 9,444,706
Streets and Sidewalks
----------------------------------------------------------------------------------------------------------------
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, 2022.
(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, 2022.
(c) Exception for Immediate Application.--Subsections (a) and (b)
shall not apply to the following sections and any amendments made by
such sections:
(1) Section 1105.
(2) Section 1107.
(3) Section 1305.
(4) Subsections (c)(1) and (d) of section 2104.
(5) Section 2106.
(6) Section 2112.
(7) Section 2204(1)(A).
(8) Section 2305.
(9) Section 2307.
(10) Section 2902(2).
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 clean corridors program under section
151 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) $56,522,048,429 for fiscal year 2023;
(B) $57,480,646,776 for fiscal year 2024;
(C) $58,595,359,712 for fiscal year 2025; and
(D) $59,618,666,186 for fiscal year 2026.
(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, $250,000,000 for each of
fiscal years 2023 through 2026.
(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 2023 through 2026.
(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 2023 through 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code, $555,000,000 for
each of fiscal years 2023 through 2026.
(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 2023 through 2026;
(II) the amount for the United States
Fish and Wildlife Service is
$50,000,000 for each of fiscal years
2023 through 2026;
(III) the amount for the United
States Forest Service is $50,000,000
for each of fiscal years 2023 through
2026;
(IV) the amount for the Corps of
Engineers is $16,000,000 for each of
fiscal years 2023 through 2026;
(V) the amount for the Bureau of Land
Management is $16,000,000 for each of
fiscal years 2023 through 2026;
(VI) the amount for the Bureau of
Reclamation is $16,000,000 for each of
fiscal years 2023 through 2026; and
(VII) the amount for independent
Federal agencies with natural resource
and land management responsibilities is
$7,000,000 for each of fiscal years
2023 through 2026.
(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 2023 through 2026.
(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 2023
through 2026.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, the amounts specified in
paragraphs (1) and (2) of section 165(a) for each of fiscal
years 2023 through 2026.
(6) Projects of national and regional significance.--For
projects of national and regional significance under section
117 of title 23, United States Code, $3,000,000,000 for each of
fiscal years 2023 through 2026.
(7) Community transportation investment grants.--To carry out
section 173 of title 23, United States Code, $600,000,000 for
each of fiscal years 2023 through 2026.
(8) Community climate innovation grants.--To carry out
section 172 of title 23, United States Code, $250,000,000 for
each of fiscal years 2023 through 2026.
(9) National scenic byways program.--To carry out section 162
of title 23, United States Code, $16,000,000 for each of fiscal
year 2023 through 2026.
(10) Rebuild rural bridges program.-- To carry out section
1307 of this Act, $250,000,000 for each of fiscal years 2023
through 2026.
(11) Parking for commercial motor vehicles.--To carry out
section 1308 of this Act, $250,000,000 for each of fiscal years
2023 through 2026.
(12) Active connected transportation grant program.--To carry
out section 1309 of this Act, $250,000,000 for each of fiscal
years 2023 through 2026.
(13) Wildlife crossings program.--To carry out section 1310
of this Act, $100,000,000 for each of fiscal years 2023 through
2026.
(14) Reconnecting neighborhoods program.--To carry out
section 1311 of this Act, $750,000,000 for each of fiscal years
2023 through 2026.
(15) Metro performance program.--To carry out section 1305 of
this Act, $250,000,000 for each of fiscal years 2023 through
2026.
(16) Gridlock reduction grant program.--To carry out section
1306 of this Act, $500,000,000 for fiscal year 2023.
(b) Treatment of Funds.--Amounts made available under paragraphs (10)
through (14) of subsection (a) 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) despite the real improvements caused by the
disadvantaged business enterprise program, minority-
and women-owned businesses across the country continue
to confront serious and significant obstacles to
success caused by race and gender discrimination in the
federally assisted surface transportation market and
related markets across the United States;
(B) the continuing race and gender discrimination
described in subparagraph (A) merits the continuation
of the disadvantaged business enterprise program;
(C) recently, the disparities cause by discrimination
against African American, Hispanic American, Asian
American, Native American, and women business owners
have been further exacerbated by the coronavirus
pandemic and its disproportionate effects on minority-
and women-owned businesses across the nation;
(D) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
other investigative activities, scientific reports,
reports issued by public and private agencies at every
level of government, news reports, academic
publications, reports of discrimination by
organizations and individuals, and discrimination
lawsuits, which continue to demonstrate that race- and
gender-neutral efforts alone are insufficient to
address the problem;
(E) the testimony and documentation described in
subparagraph (D) demonstrate that discrimination across
the United States poses an injurious and enduring
barrier to full and fair participation in surface
transportation-related businesses of women business
owners and minority business owners and has negatively
affected firm formation, development and success in
many aspects of surface transportation-related business
in the public and private markets; and
(F) the testimony and documentation described in
subparagraph (D) provide a clear picture of the
inequality caused by discrimination that continues to
plague our nation and 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.--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)).
(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.
(9) Sense of congress on fulfilling certain contracts.--It is
the sense of Congress that contractors participating in a
federally funded transportation contract with a small business
concern owned and controlled by socially and economically
disadvantaged individuals should ensure that the percentage of
a contract promised to such small business concern is
fulfilled, unless prior approval is obtained consistent with
the regulations under part 26 of title 49, Code of Federal
Regulations.
(d) Limitation on Financial Assistance for State-Owned Enterprises.--
(1) In general.--Funds provided under this section may not be
used in awarding or exercising an option on a previously
awarded contract, a contract, subcontract, grant, or loan to an
entity that is owned or controlled by, is a subsidiary of, or
is otherwise related legally or financially to a corporation
based in a country that--
(A) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930
(19 U.S.C. 1677(18))) as of the date of enactment of
this Act;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of paragraph (1), the term
``otherwise related legally or financially'' does not include a
minority relationship or investment.
(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
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) $66,097,092,526 for fiscal year 2023;
(2) $66,570,608,070 for fiscal year 2024;
(3) $67,701,550,431 for fiscal year 2025; and
(4) $68,741,903,518 for fiscal year 2026.
(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 2022, 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 2023 through 2026, 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 2023 through 2026, 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 2023 through 2026, 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 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 2026, 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 section 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 2023 through 2026--
(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 2023 through 2026, 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), (4), (5), (7), (9),
(11), (12), (13), (14), (15), (17), (18), (19), (20),
(21), (22), (24), (25), (26), (27), (29), (30), (33),
(34), (35), (36), (37), (38), (39), (43), (44), (45),
(46), and (47), 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 before paragraph (4), as so
redesignated, the following:
``(3) Areas of persistent poverty.--The term `areas of
persistent poverty' means--
``(A) 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;
``(B) 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 for all States and
Puerto Rico; or
``(C) any other territory or possession of the United
States that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990, 2000, and 2010 decennial
censuses, or equivalent data, of the Bureau of the
Census.''.
(D) by inserting after paragraph (5), as so
redesignated, the following:
``(6) 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.'';
(E) in paragraph (7)(A), as so redesignated, by
inserting ``assessing resilience,'' after
``surveying,'';
(F) by inserting after paragraph (7), as so
redesignated, the following:
``(8) Context sensitive design principles.--The term `context
sensitive design principles' means principles 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, transportation facilities for
users, 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.'';
(G) by inserting after paragraph (9), as so
redesignated, the following:
``(10) 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).'';
(H) by inserting after paragraph (15), as so
redesignated, the following:
``(16) 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. 7545(o)(1)(G)).'';
(I) by inserting after paragraph (21), as so
redesignated, the following:
``(23) 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.'';
(J) by inserting after paragraph (27), as so
redesignated, the following:
``(28) Protective feature.--
``(A) In general.--The term `protective feature'
means an improvement to a highway, bridge, or other
transportation facility designed to increase resilience
or mitigate the risk of recurring damage or the cost of
future repairs from climate change effects (including
sea level rise), flooding, and extreme events or other
natural disasters (including wildfires, seismic
activity, and landslides).
``(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;
``(ix) scour, stream stability, coastal, and
other hydraulic countermeasures;
``(x) the use of natural infrastructure;
``(xi) integration of the use of traditional
and natural infrastructure features;
``(xii) undergrounding public utilities in
the course of other infrastructure improvements
eligible under this title; and
``(xiii) permeable pavements for stormwater
management.'';
(K) by inserting after paragraph (30), as so
redesignated, the following:
``(31) 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.).
``(32) 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
(L) by inserting after paragraph (36), as so
redesignated, the following:
``(40) Transportation demand management; tdm.--The terms
`transportation demand management' and `TDM' mean the use of
strategies to inform and encourage travelers to maximize the
efficiency of a transportation system leading to improved
mobility, reduced congestion, and lower vehicle emissions.
``(41) Transportation demand management strategies.--The term
`transportation demand management strategies' means the use of
planning, programs, policy, marketing, communications,
incentives, pricing, data, and technology to shift travel mode,
routes used, departure times, number of trips, and location and
design work space or public attractions.
``(42) 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
non-motorized users;
``(B) costs for low-income travelers; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.''; 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) $530,000,000 for fiscal year 2023;
``(B) $543,000,000 for fiscal year 2024;
``(C) $557,000,000 for fiscal year 2025; and
``(D) $572,000,000 for fiscal year 2026.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of the base
apportionment 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),
(7), and (10).
``(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), (7), and
(10).
``(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),
(7), and (10).
``(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 2023;
``(ii) $2,964,919,535 for fiscal year 2024;
``(iii) $3,024,217,926 for fiscal year 2025;
and
``(iv) $3,078,653,849 for fiscal year 2026.
``(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), (7), and
(10).
``(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 2023;
``(ii) $516,381,250 for fiscal year 2024;
``(iii) $526,708,875 for fiscal year 2025;
and
``(iv) $536,189,635 for fiscal year 2026.
``(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 2023 through 2026.
``(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) Predisaster mitigation program.--For the predisaster
mitigation program, 2.96 percent of the amount remaining after
distributing amounts under paragraphs (4), (6), (7), and (10).
``(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),
(7), and (10).
``(10) Clean corridors.--
``(A) In general.--For the clean corridors program,
an amount determined for the State under subparagraphs
(B) and (C).
``(B) Total amount.--The total amount for the clean
corridors program for all States shall be
$1,000,000,000 for each of fiscal years 2023 through
2026.
``(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the total
amount for the clean corridors program under
subparagraph (B) so that each State receives the amount
equal to the proportion that--
``(i) the total base apportionment determined
for the State under subsection (c); bears to
``(ii) the total base apportionments for all
States under subsection (c).
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2023 through
2026, 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) each of--
``(I) the base apportionment; and
``(II) supplemental funds reserved
under subsection (h)(1) for the highway
safety improvement program; 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 2023
through 2026, 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) Supplemental Funds.--
``(1) Amount.--Before making an apportionment for a fiscal
year under subsection (c), the Secretary shall reserve for the
highway safety improvement program under section 148
$500,000,000 for each of fiscal years 2023 through 2026 for the
purpose of the safe streets set-aside under section 148(m).
``(2) Treatment of funds.--Funds reserved under paragraph (1)
and apportioned to a State under subsection (c) shall be
treated as if apportioned under subsection (b)(3), and shall be
in addition to amounts apportioned under such subsection.
``(i) Definitions.--In this section:
``(1) Base apportionment.--The term `base apportionment'
means--
``(A) the combined amount authorized for the covered
programs; minus
``(B) the supplemental funds reserved under
subsection (h) for the highway safety improvement
program.
``(2) Covered programs.--The term `covered programs' means--
``(A) the national highway performance program under
section 119;
``(B) the surface transportation program under
section 133;
``(C) the highway safety improvement program under
section 148;
``(D) the congestion mitigation and air quality
improvement program under section 149;
``(E) the national highway freight program under
section 167;
``(F) metropolitan planning under section 134;
``(G) the railway crossings program under section
130;
``(H) the predisaster mitigation program under
section 124;
``(I) the carbon pollution reduction program under
section 171; and
``(J) the clean corridors program under section
151.''.
(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 (a) by striking ``FAST Act'' and inserting
``INVEST in America Act'';
(2) 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, the United States Forest
Service, the Corps of Engineers, the Bureau of
Land Management, the Bureau of Reclamation, and
independent Federal agencies with natural
resource and land management responsibilities;
``(ii) the amount made available for the
Puerto Rico highway program under section
165(a)(1);
``(iii) the amount made available for the
territorial highway program under section
165(a)(2);
``(iv) from the amounts made available for a
fiscal year for the urbanized areas formula
grants under section 5307 of title 49, the
amounts allocated for a fiscal year for the
passenger ferry grant program under section
5307(h) of such title;
``(v) from the amounts made available for a
fiscal year for the formula grants for rural
areas under section 5311 of such title, the
amounts allocated for a fiscal year for public
transportation on Indian reservations;
``(vi) from the amounts made available for a
fiscal year for the public transportation
innovation program under section 5312 of such
title--
``(I) the amounts allocated for the
zero emission vehicle component
assessment under section 5312(h) of
such title; and
``(II) the amounts allocated for the
transit cooperative research program
under section 5312(i) of such title;
``(vii) from the amounts made available for a
fiscal year for the technical assistance and
workforce development program of section 5314
of such title, the amounts allocated for the
national transit institute under section
5314(c) of such title;
``(viii) from the amounts made available for
a fiscal year for the bus and bus facilities
program under section 5339 of such title, the
amounts allocated for a fiscal year for the
zero emission grants under section 5339(c) of
such title;
``(ix) the amounts made available for growing
States under section 5340(c) of such title; and
``(x) the amounts made available for high
density states under section 5340(d) of such
title.'';
(3) in subsection (d) by inserting ``and section 5324 of
title 49'' after ``section 125'';
(4) in subsection (e)--
(A) by striking ``There is authorized'' and inserting
``For fiscal year 2023 and each fiscal year thereafter,
there is authorized''; and
(B) by striking ``for any of fiscal years 2017
through 2020''; and
(5) 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 200,001 individuals; or
``(IV) greater than 200,000
individuals;
``(vi) whether such project is located in an
area of persistent poverty;
``(vii) 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;
and
``(viii) the functional classification of the
roadway on which such project is located.
``(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 be updated
annually to 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, including prior
unobligated balances, at the start of the
fiscal year;
``(ii) the amount of funding obligated by the
State during such fiscal year;
``(iii) the amount of funding remaining
available for obligation by the State at the
end of such fiscal year; and
``(iv) 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) In general.--If a State allows a subrecipient
to exchange Federal funds provided under this title
that are allocated to such subrecipient for State or
local funds, the State must certify to the Secretary
that the State--
``(i) has prevailing wage requirements that
are comparable to the requirements under
section 113 that apply to the use of such State
or local funds; and
``(ii) shall ensure that the prevailing wage
requirements described in clause (i) apply to
the use of such State or local funds.
``(B) Applicability.--The requirements of this
paragraph shall apply only if the requirements of
section 113 would be applicable to a covered project if
such project was carried out using Federal funds.
``(C) Covered project defined.--In this paragraph,
the term `covered project' means a project carried out
with exchanged State or local funds as described in
subparagraph (A).'';
(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). The Secretary shall redact confidential
business information, as necessary, from any such information
published.
``(2) Notification.--Not later than 3 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 a description of the proposed
experiment to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
``(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, if any, 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 15 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 project 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) Federal lands and tribal major projects grants
under section 208.
``(C) Mobility through advanced technologies grants
under section 503(c)(4).
``(D) Rebuild rural bridges program under section
1307 of the INVEST in America Act.
``(E) Parking for commercial motor vehicle grants
under section 1308 of the INVEST in America Act.
``(F) Active connected transportation grants under
section 1309 of the INVEST in America Act.
``(G) Wildlife crossings grants under section 1310 of
the INVEST in America Act.
``(H) Reconnecting neighborhoods capital construction
grants under section 1311(d) of the INVEST in America
Act.''.
(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.
(d) Improving Risk Based Stewardship and Oversight.--Not later than
180 days after the date of enactment of this Act, the Administrator of
the Federal Highway Administration shall reference U.S. DOT Office of
Inspector General Report No. ST2020035 and take the following actions,
as necessary, to improve the risk based stewardship and oversight of
the Federal Highway Administration:
(1) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify the
requirements for its project risk-assessment process, including
expectations for conducting and documenting the risk assessment
and criteria to guide the reevaluation of project risks.
(2) Identify and notify division offices of the Federal
Highway Administration about sources of information that can
inform the project risk-assessment process.
(3) Update and implement Federal Highway Administration
guidance for risk-based project involvement to clarify how the
link between elevated risks and associated oversight
activities, changes to oversight actions, and the results of
its risk-based involvement should be documented in project
oversight plans.
(4) Develop and implement a process to routinely monitor the
implementation and evaluate the effectiveness of Federal
Highway Administration risk-based project involvement.
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.--
``(i) In general.--A local jurisdiction may
select the most appropriate design publication
for the roadway context 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 local jurisdiction provides
notification and justification of the
use of such design publication to any
State in which the project is located;
and
``(II) the design complies with all
other applicable Federal and State
laws.
``(ii) Review.--If a State rejects a local
jurisdiction's selection of a design
publication under this subparagraph, the local
jurisdiction may submit notification and
justification of such use to the Secretary. The
Secretary shall make a determination to approve
or deny such submission not later than 90 days
after receiving such submission.
``(B) State-owned roads.--In the case of a roadway
under the ownership of the State, the local
jurisdiction may select the most appropriate design
publication only with the concurrence of the State.
``(C) Programmatic basis.--The Secretary may consider
the use of a design publication under this paragraph on
a programmatic basis.''; and
(5) by adding at the end the following:
``(s) Context Sensitive Design.--
``(1) Context sensitive design principles.--The Secretary
shall consult with State and local officials prior to approving
any roadway design publications under this section to ensure
that the design publications provide 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) Contents.--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
implement 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 facility design; and
``(v) establish model policies or procedures,
consistent with the findings of such guidance,
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 addition to the
contents in subparagraph (B), the guidance 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
various modes of transportation;
``(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 clauses (i) and (ii) 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;
``(ii) innovative construction equipment,
materials, techniques, or practices, including
the use of in-place recycling technology,
digital 3-dimensional modeling technologies,
and advanced digital construction management
systems;'';
(2) by redesignating clause (vi) as clause (ix);
(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--
``(I) greenhouse gas emissions
through sequestration or innovative
manufacturing processes; or
``(II) local air pollution,
stormwater runoff, or noise pollution;
``(vii) innovative culvert materials that are
made with recycled content and demonstrate
reductions in greenhouse gas emissions;
``(viii) contractual provisions that provide
safety contingency funds to incorporate safety
enhancements to work zones prior to or during
roadway construction and maintenance
activities; 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), 133(h), 148(m), 149, 151(f),
and 171''; 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 paragraph (1), 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.--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
``(ix) 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 under this subsection, 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 requirements
of this subparagraph 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 subparagraph (B), 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 subparagraph (B), 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 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 peak
hour periods.
``(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; or
``(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) 35 miles per hour, in
the case of a toll facility
with a speed limit of 45 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 the
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.''; and
(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) Use of revenues.--A State or public
authority 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'';
(D) in paragraph (9)--
(i) by striking ``bus'' and inserting
``vehicle''; and
(ii) by striking ``buses'' and inserting
``vehicles''; and
(E) by striking paragraph (10) and inserting the
following:
``(10) Interoperability of electronic toll collection.--
``(A) In general.--All toll facilities on Federal-aid
highways shall provide for the regional
interoperability of electronic toll collection,
including through technologies or business practices.
``(B) Prohibition on restriction.--No State, or any
political subdivision thereof, shall restrict the
information that is shared across public and private
toll facility operators or their agents or contractors
for purposes of facilitating, operating, or maintaining
electronic toll collection programs.
``(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.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report on the implementation of the interoperability of toll collection
as required under section 1512(b) of MAP-21, including an assessment of
the progress in, and barriers on, such implementation.
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'';
(B) in paragraph (5)(B) by striking ``2019'' and
inserting ``2025''; and
(C) by adding at the end the following:
``(6) Emergency vehicles.--The public authority may allow the
following vehicles to use the HOV facility if the authority
establishes requirements for clearly identifying the vehicles:
``(A) An emergency vehicle that is responding to an
existing emergency.
``(B) A blood transport vehicle that is transporting
blood between collection points and hospitals or
storage centers.''.
(2) in subsection (d)(2)(A)(i) by striking ``45 miles per
hour, in the case of a HOV facility with a speed limit of 50
miles per hour or greater'' and inserting ``35 miles per hour,
in the case of a HOV facility with a speed limit of 45 miles
per hour or greater'';
(3) in subsection (d)(2)(B) by striking ``morning or evening
weekday peak hour periods (or both)'' and inserting ``peak hour
periods'';
(4) 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
(5) 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'';
(C) by striking ``the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or''; and
(D) by striking ``and manufactured products'' and
inserting ``manufactured products, and construction
materials'';
(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'';
(5) in subsection (g) by inserting ``or within the scope of
the applicable finding, determination, or environmental review
decision made pursuant to authority granted by the Secretary
under section 330, if applicable,'' before ``regardless of
the''; and
(6) 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).
``(4) Consideration.--In conducting the review under
paragraph (1), the Secretary shall consider the research on
supply chains carried out under section 1112(c) of the INVEST
in America Act.
``(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.
``(k) Construction Materials Defined.--In this section, the term
`construction materials' means primary materials, except for iron and
steel, that are commonly used in highway construction, as determined by
the Secretary.''.
(b) Construction Materials.--
(1) Establishment of requirements.--The Secretary shall issue
such regulations as are necessary to implement the amendment
made subsection (a)(1)(D). Such regulations shall ensure the
continued availability of construction materials to carry out
projects under title 23, United States Code.
(2) Considerations.--The requirements of this section, and
the amendments made by this section--
(A) shall seek to maximize jobs located in the United
States;
(B) may establish domestic content requirements that
increase over time, based on the current and expected
future domestic availability of construction materials;
and
(C) shall take into consideration the research
conducted under subsection (c).
(3) Applicability.--The amendment made by subsection
(a)(1)(D) shall take effect beginning on the date that the
Secretary establishes the requirements described under
paragraph (1).
(c) Research on Supply Chains.--
(1) In general.--The Secretary shall conduct research on
covered items that are commonly used or acquired under title
23, United States Code, including--
(A) construction materials;
(B) manufactured products;
(C) vehicles; and
(D) alternative fuel infrastructure and electric
vehicle supply equipment.
(2) Considerations.--The research under paragraph (1) shall
consider--
(A) the current domestic availability of covered
items;
(B) the current supply chain for covered items; and
(C) the estimated demand, in relation to total United
States demand from all sources, for covered items
from--
(i) procurement under the Federal-aid highway
program;
(ii) procurement under other programs
administered by the Secretary of
Transportation; and
(iii) other Federal procurement.
(3) Domestic suppliers.--As part of the review under this
paragraph, the Secretary may establish and maintain a list of
known domestic suppliers of covered items.
(4) Definition of covered item.--For the purposes of this
section, the term ``covered item'' means any material or
product (except for iron and steel) subject to the requirements
of section 313(a) of title 23, United States Code, that is
commonly used in highway construction or procured under the
Federal-aid highway program.
(d) Iron and Steel.--This section, and the amendments made by this
section, shall not affect the requirements under section
634.410(b)(1)(ii) of title 23, Code of Federal Regulations, with
respect to iron and steel.
(e) 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.
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.
(a) In General.--Section 113 of title 23, United States Code, is
amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary shall take such action as may be
necessary to ensure that all laborers and mechanics employed by
contractors or subcontractors on construction work performed on
projects financed or otherwise assisted in whole or in part by a loan,
loan guarantee, grant, credit enhancement, or any other form of Federal
assistance administered by the Secretary or the Department, including
programs to capitalize revolving loan funds and subsequent financing
cycles under such funds, shall be paid wages at rates not less than
those prevailing on projects of a character similar in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV
of chapter 31 of title 40. With respect to the labor standards
specified in this section, the Secretary of Labor shall have the
authority and functions set forth in Reorganization Plan Numbered 14 of
1950 (64 Stat. 1267) and section 3145 of title 40.'';
(2) by redesignating subsection (c) as subsection (b); and
(3) in subsection (b), as so redesignated, by inserting
``Apprenticeship and Skill Training Programs.--'' before ``The
provisions''.
(b) Conforming Amendments.--
(1) Section 133 of title 23, United States Code, is amended
by striking subsection (i).
(2) Section 167 of title 23, United States Code, is amended
by striking subsection (l).
(3) Section 1401 of the MAP-21 (23 U.S.C. 137 note) is
amended by striking subsection (e).
SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the following:
``(A) except as provided under subparagraph (C), have
a term of not more than 3 years;'';
(2) in subparagraph (B) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) for any State that has assumed the
responsibility for categorical exclusions under this
section for at least 10 years, have a term of 5
years.''.
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN
AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(G) by inserting ``, including the
payment of fees awarded under section 2412 of title 28'' after
``with the project''.
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the
following:
``(5) except as provided under paragraph (7), have a term of
not more than 5 years;'';
(B) in paragraph (6) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) for any State that has participated in a program under
this section (or under a predecessor program) for at least 10
years, have a term of 10 years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (C) by striking ``annual'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as subparagraph
(D); and
(D) by inserting after subparagraph (B) the
following:
``(C) in the case of an agreement period of greater
than 5 years under subsection (c)(7), conduct an audit
covering the first 5 years of the agreement period;
and''; and
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall
be deemed to be an agency of the United States for the purposes of
section 2412 of title 28.''.
SEC. 1116. CORROSION PREVENTION FOR BRIDGES.
(a) Definitions.--In this section:
(1) Applicable bridge projects.--The term ``applicable bridge
projects'' means a project for construction, replacement,
rehabilitation, preservation, or protection, other than de
minimis work, as determined by the applicable State department
of transportation, on a bridge project that receives financial
assistance under title 23, United States Code.
(2) Certified contractor.--The term ``certified contractor''
means a contracting or subcontracting firm that has been
certified by an industry-wide recognized third party
organization that evaluates the capability of the contractor or
subcontractor to properly perform 1 or more specified aspects
of applicable bridge projects described in subsection (b)(2).
(3) Qualified training program.--The term ``qualified
training program'' means a training program in corrosion
control, mitigation, and prevention that is either--
(A) offered or accredited by an organization that
sets industry corrosion standards; or
(B) an industrial coatings applicator training
program registered under the Act of August 16, 1937 (29
U.S.C. 50 et seq.; commonly known as the ``National
Apprenticeship Act'') that meets the standards of
subpart A of part 29 and part 30 of title 29, Code of
Federal Regulations.
(b) Applicable Bridge Projects.--
(1) Quality control.--A certified contractor shall carry out
aspects of an applicable bridge project described in paragraph
(2).
(2) Aspects of applicable bridge projects.--Aspects of an
applicable bridge project referred to in paragraph (1) shall
include--
(A) surface preparation or coating application on
steel or rebar of an applicable bridge project;
(B) removal of a lead-based or other hazardous
coating from steel of an existing applicable bridge
project; and
(C) shop painting of structural steel or rebar
fabricated for installation on an applicable bridge
project.
(3) Corrosion management system.--In carrying out an
applicable bridge project, a State department of transportation
shall--
(A) implement a corrosion management system that
utilizes industry-recognized standards and corrosion
mitigation and prevention methods to address--
(i) surface preparation;
(ii) protective coatings;
(iii) materials selection;
(iv) cathodic protection;
(v) corrosion engineering;
(vi) personnel training; and
(vii) best practices in environmental
protection to prevent environmental degradation
and uphold public health.
(B) require certified contractors, for the purpose of
carrying out aspects of applicable bridge projects
described in paragraph (2), to employ a substantial
number of individuals that are trained and certified by
a qualified training program as meeting the ANSI/NACE
Number 13/SSPC-ACS-1 standard or future versions of
this standard.
(4) Certification.--The applicable State department of
transportation shall only accept bids for projects that include
aspects of applicable bridge projects described in paragraph
(2) from a certified contractor that presents written proof
that the certification of such contractor meets the standards
of SSPC QP1, QP2, and QP3 or future versions of these
standards.
(c) Training Program.--As a condition of entering into a contract for
an applicable bridge project, each certified contractor shall provide
training, through a qualified training program, for each individual who
is not a certified coating applicator but that the certified contractor
employs to carry out aspects of applicable bridge projects as described
in subsection (b)(2).
SEC. 1117. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) States should utilize life-cycle cost analysis to
evaluate the total economic cost of a transportation project
over its expected lifetime; and
(2) data indicating that future repair costs associated with
a transportation project frequently total more than half of the
initial cost of the project, and that conducting life-cycle
cost analysis prior to construction will help States identify
the most cost-effective option, improve their economic
performance, and lower the total cost of building and
maintaining the project.
SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN RIGHT-OF-WAY.
(a) In General.--Notwithstanding chapter 1 of title 23, United States
Code, electric vehicle charging infrastructure, renewable energy
generation facilities, electrical transmission and distribution
infrastructure, and broadband infrastructure and conduit shall be
treated as a facility covered under part 645 of title 23, Code of
Federal Regulations (or successor regulations), for purposes of being
accommodated under section 109(l) of title 23, United States Code.
(b) State Approval.--A State, on behalf of the Secretary of
Transportation, may approve the accommodation of the infrastructure and
facilities described in subsection (a) within any right-of-way on a
Federal-aid highway pursuant to section 109(l) of title 23, United
States Code.
SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS.
(a) In General.--Notwithstanding any provision of title 23, United
States Code, or any regulation issued by the Secretary of
Transportation, section 129(a)(3) of such title shall not apply to a
covered public authority that receives funding under such title for
pedestrian and bike safety improvements.
(b) No Toll.--A covered public authority may not charge a toll, fee,
or other levy for use of such improvements.
(c) Effective Date.--A covered public authority shall be eligible for
the exemption under subsection (a) for 10 years after the date of
enactment of this Act. Any such exemption granted shall remain in
effect after the effective date described in this section.
(d) Definitions.--In this section, the following definitions apply:
(1) Covered public authority.--The term ``covered public
authority'' means a public authority with jurisdiction over a
toll facility located within both--
(A) a National Scenic Area; and
(B) the National Trail System.
(2) National scenic area.--The term ``National Scenic Area''
means an area of the National Forest System federally
designated as a National Scenic Area in recognition of the
outstanding natural, scenic, and recreational values of the
area.
(3) National trail system.--The term ``National Trail
System'' means an area described in section 3 of the National
Trails System Act (16 U.S.C. 1242).
(4) Public authority; toll facility.--The terms ``public
authority'' and ``toll facility'' have the meanings such terms
would have if such terms were included in chapter 1 of title
23, United States Code.
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
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
eligible under section 124, including protective
features and natural infrastructure.
``(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
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).
``(U) The removal, retrofit, repurposing,
remediation, or replacement of a highway on the
National Highway System that creates a barrier to
community connectivity to improve access for multiple
modes of transportation.''; 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, as defined in the State's asset
management plan, on the National Highway System;
``(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 public
transportation 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
``(C) has a public plan for maintaining and operating
the new asset while continuing its progress in
achieving a state of good repair under subparagraph
(A).'';
(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''; and
(4) by adding at the end the following:
``(k) Benefit-Cost Analysis.--In carrying out subsection
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing
the cost and benefits of projects under such subsection, ensuring
that--
``(1) the benefit-cost analysis includes a calculation of all
the benefits addressed in the performance measures established
under section 150;
``(2) the benefit-cost analysis includes a consideration of
the total maintenance cost of an asset over the lifecycle of
the asset; and
``(3) the State demonstrates that any transportation demand
modeling used to calculate the benefit-cost analysis has a
documented record of accuracy.''.
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--
``(A) construction activities, including construction
of natural infrastructure or protective features--
``(i) to increase the resilience of a surface
transportation infrastructure asset to
withstand a covered event;
``(ii) to relocate or provide a reasonable
alternative to a repeatedly damaged facility;
and
``(iii) for an evacuation route identified in
the vulnerability assessment required under
section 134(i)(2)(I)(iii) or section
135(f)(10)(C) to--
``(I) improve the capacity or
operation of such evacuation route
through communications and intelligent
transportation system equipment and
infrastructure, counterflow measures,
and shoulders; and
``(II) relocate such evacuation route
or provide a reasonable alternative to
such evacuation route to address the
risk of a covered event;
``(B) resilience planning activities, including
activities described in sections 134(i)(2)(I) and
135(f)(10) of this title and sections 5303(i)(2)(I) and
5304(f)(10) of title 49; and
``(C) the development of projects and programs that
help States, territories, and regions recover from
covered events that significantly disrupt the
transportation system, including--
``(i) predisaster training programs that help
agencies and regional stakeholders plan for and
prepare multimodal recovery efforts; and
``(ii) the establishment of region-wide
telework training and programs.
``(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).
``(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 in the long-term;
``(B) reduce the risk of disruption to a surface
transportation infrastructure asset considered critical
to support population centers, freight movement,
economic activity, evacuation, recovery, national
security functions, or critical infrastructure; 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), flooding, and
an extreme event or other natural disaster (including
wildfires, seismic activity, and landslides).
``(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) Projects in Flood-Prone Areas.--Section 109 of title 23, United
States Code, is further amended by adding at the end the following:
``(t) Projects in Flood-Prone Areas.--For projects and actions that,
in whole or in part, encroach within the limits of a flood-prone area,
the Secretary shall ensure that such projects and actions are--
``(1) designed and constructed in a way that takes into
account, and mitigates where appropriate, flood risk by using
hydrologic, hydraulic, and hydrodynamic data, methods, and
analysis that integrate current and projected changes in
flooding based on climate science over the anticipated service
life of the asset and future forecasted land use changes; and
``(2) designed using analysis that considers the capital
costs, risks, and other economic, engineering, social and
environmental concerns of constructing a project in a flood-
prone area.''.
(c) 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 conducted under part 667 of
title 23, Code of Federal Regulations;
``(III) at the discretion of the
metropolitan planning organization,
identifies evacuation routes, assesses
the ability of any such routes to
provide safe passage for evacuation,
access to health care and public health
facilities, 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, Tribal, 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 any 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 conducted under part
667 of title 23, Code of Federal
Regulations;
``(III) at the discretion of the
metropolitan planning organization,
identifies evacuation routes, assesses
the ability of any such routes to
provide safe passage for evacuation,
access to health care and public health
facilities, 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, Tribal, 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 any 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.''.
(d) 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
conducted under part 667 of title 23, Code of
Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation, access to
health care and public health facilities, and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the States's adaptation and
resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary of
the State, Tribal, 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
paragraph shall be developed in consultation with, as
appropriate, metropolitan planning organizations and
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 conducted under part 667 of title
23, Code of Federal Regulations;
``(iii) identifies evacuation routes,
assesses the ability of any such routes to
provide safe passage for evacuation, access to
health care and public health facilities, and
emergency response during an emergency event,
and identifies any improvements or redundant
facilities necessary to adequately facilitate
safe passage;
``(iv) describes the State's adaptation and
resilience improvement strategies that will
inform the transportation investment decisions
of the State; and
``(v) is consistent with and complementary of
the State, Tribal, 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
paragraph shall be developed in consultation with, as
appropriate, metropolitan planning organizations and
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 ``(as defined in
subsection (e)(1))'';
(B) by redesignating paragraph (3) as paragraph (4);
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 2 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.
``(C) Repeatedly damaged facilities.--An application
submitted under this section for the permanent repair
or reconstruction of a repeatedly damaged facility
shall include consideration and, if feasible,
incorporation of economically justifiable betterments,
including protective features, to increase the
resilience of such 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) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (c)(2)(A)(i); or
``(B) the date on which the President declared the
emergency to be a major disaster, as described in such
subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant such an extension.
``(h) Hazard Mitigation Pilot Program.--
``(1) In general.--The Secretary shall establish a hazard
mitigation pilot program for the purpose of mitigating future
hazards posed to Federal-aid highways, Federal lands
transportation facilities, and Tribal transportation
facilities.
``(2) Allocation of funds.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated such sums as may be
necessary for the pilot program established under this
subsection.
``(B) Calculation.--Annually, the Secretary shall
calculate the total amount of outstanding eligible
repair costs under the emergency relief program under
this section, including the emergency relief backlog,
for each State, territory, and Indian Tribe.
``(C) Allocation.--Any amounts made available under
this subsection shall be distributed to each State,
territory, or Indian Tribe based on--
``(i) the ratio that the total amount of
outstanding eligible repair costs for such
State, territory, or Indian Tribe, as described
under subparagraph (B); bears to
``(ii) the total amount of outstanding
eligible repair costs for all States,
territories, and Indian Tribes, as described
under subparagraph (B).
``(D) Limitation.--The allocation to a State,
territory, or Indian Tribe described under subparagraph
(C) shall not exceed 5 percent of the total amount of
outstanding eligible repair costs under the emergency
relief program for such State, territory, or Indian
Tribe, as described in subparagraph (B).
``(3) Eligible activities.--Amounts made available under this
subsection shall be used for protective features or other
hazard mitigation activities that--
``(A) the Secretary determines are cost effective and
that reduce the risk of, or increase the resilience to,
future damage to existing assets as a result of natural
disasters; and
``(B) are eligible under section 124.
``(4) Report.--For each fiscal year in which funding is made
available for the program under this subsection, 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 detailing--
``(A) a description of the activities carried out
under the pilot program;
``(B) an evaluation of the effectiveness of the pilot
program in meeting purposes described in paragraph (1);
and
``(C) policy recommendations to improve the
effectiveness of the pilot program.
``(5) Sunset.--The authority provided under this subsection
shall terminate on October 1, 2025.
``(i) Improving the Emergency Relief Program.--Not later than 1 year
after the date of enactment of the INVEST in America Act, the Secretary
shall--
``(1) revise the emergency relief manual of the Federal
Highway Administration--
``(A) to include and reflect the definition of the
term `resilience' (as defined in section 101(a));
``(B) to identify procedures that States may use to
incorporate resilience into emergency relief projects;
and
``(C) to consider economically justified betterments
in emergency relief projects, such as--
``(i) protective features that increase the
resilience of the facility; and
``(ii) incorporation of context sensitive
design principles and other planned betterments
that improve the safety of the facility;
``(2) consider transportation system access for moderate and
low-income families impacted by a major disaster or emergency
declared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170);
``(3) develop best practices for improving the use of
resilience in--
``(A) the emergency relief program under this
section; and
``(B) emergency relief efforts;
``(4) provide to division offices of the Federal Highway
Administration and State departments of transportation
information on the best practices developed under paragraph
(2); and
``(5) develop and implement a process to track--
``(A) the consideration of resilience as part of the
emergency relief program under this section; and
``(B) the costs of emergency relief projects.
``(j) 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(j)''.
(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)''.
(c) Repeal.--Section 668.105(h) of title 23, Code of Federal
Regulations, is repealed.
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 or installation of protective
devices (including replacement of functionally obsolete
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 projects to
improve railway crossing safety.
``(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 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 (1)(B) by inserting ``, except that
for the purposes of this section hovercraft and
terminal facilities for hovercraft engaging in water
transit for passengers or vehicles shall be considered
ferry boats and ferry terminal facilities eligible
under section 129(c)'' after ``section 129(c)'';
(C) 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'';
(D) 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'';
(E) in paragraph (12) by striking ``travel'' and
inserting ``transportation''; and
(F) by adding at the end the following:
``(16) Protective features (including natural infrastructure
and vegetation control and clearance) to enhance the resilience
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.
``(19) A surface transportation project carried out in
accordance with the national travel and tourism infrastructure
strategic plan under section 1431(e) of the FAST Act (49 U.S.C.
301 note).
``(20) roads in rural areas that primarily serve to transport
agricultural products from a farm or ranch to a marketplace.
``(21) The removal, retrofit, repurposing, remediation, or
replacement of a highway or other transportation facility that
creates a barrier to community connectivity to improve access
for multiple modes of transportation.'';
(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 ``57 percent for
fiscal year 2023, 58 percent for fiscal
year 2024, 59 percent for fiscal year
2025, and 60 percent for fiscal year
2026'';
(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 2023 through 2026.
``(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 may 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 one or more full-time
State, regional, or local government employee
positions to administer this subsection.
``(B) Eligible funds.--To carry out this paragraph, a
State or metropolitan planning organization may use
funds made available under paragraphs (2) or (6) of
section 104(b)
``(C) Use of funds.--Amounts used under this
paragraph may be expended--
``(i) directly by the State or metropolitan
planning organization; or
``(ii) through contracts with State agencies,
private entities, or nonprofit
organizations.'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``over 200,000'' and
inserting ``greater than 200,000''; and
(ii) by striking ``2016 through 2020'' and
inserting ``2023 through 2026''; and
(B) by adding at the end the following:
``(3) Annual amounts.--To the extent practicable, each State
shall annually notify each affected metropolitan planning
organization as to the amount of obligation authority that will
be made available under paragraph (1) to each affected
metropolitan planning organization for the fiscal year.'';
(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 under this section
in fiscal year 2020, not including the amounts
described in subparagraph (C).
``(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)--
(A) in the heading by striking ``5,000'' and
inserting ``50,000''; and
(B) in paragraph (1) by striking ``subsection
(d)(1)(A)(ii)'' and all that follows through the period
at the end and inserting ``clauses (iii) and (iv) of
subsection (d)(1)(A) for each fiscal year may be
obligated on roads functionally classified as rural
minor collectors or local roads or on critical rural
freight corridors designated under section 167(e).''.
(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) Public transportation.--Section 142(e)(2) of title 23,
United States Code, is amended by striking ``block grant''.
(3) Highway use tax evasion projects.--Section 143(b)(8) of
title 23, United States Code, is amended in the heading by
striking ``block grant''.
(4) 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''.
(5) 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'' each time such term appears; and
(B) in subsection (c)(6)(A)(i) by striking ``block
grant''.
(6) Magnetic levitation transportation technology deployment
program.--Section 322(h)(3) of title 23, United States Code, is
amended by striking ``block grant''.
(7) 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 subsections (d) and (e), 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 an
entity described in clause (i)(I) to whom funds
are made available under this subparagraph.
``(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,
facilitate wildfire control, 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, metropolitan planning
organization required to obligate funds in accordance
with paragraph (2)(A), or an entity required to
obligate funds in accordance with paragraph (2)(B)
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) Priority.--The processes described in
subparagraph (A) shall prioritize project location and
impact in low-income, transit-dependent, or other high-
need areas.
``(C) Eligible entity defined.--In this paragraph,
the term `eligible entity' means--
``(i) a local government, including a county
or multi-county special district;
``(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 (ix).
``(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 one 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.
``(C) Improving project delivery.--
``(i) In general.--The Secretary shall take
such action as may be necessary, consistent
with Federal requirements, to facilitate
efficient and timely delivery of projects under
this subsection that are small, low impact, and
constructed within an existing built
environment.
``(ii) Considerations.--The Secretary shall
consider the use of programmatic agreements,
expedited or alternative procurement processes
(including project bundling), and other
effective practices to facilitate the goals of
this paragraph.
``(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.
``(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--
``(I) that the State held a
competition in compliance with the
requirements of this subsection in such
form as the Secretary determines
appropriate;
``(II) that the State offered
technical assistance to all eligible
entities and provided such assistance
upon request by an eligible entity; and
``(III) 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 by
eligibility category 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 funding sources (including non-
Federal match), the project status, the
specific location, the congressional district,
the type by eligibility category, 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 2023 to 2026, 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, are consistent with the transportation
asset management plan of the State, or provide
support for the condition and performance of
bridges on public roads within the State; and
``(iii) remove, 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;
``(XIII) training for bridge
inspectors consistent with subsection
(i); and
``(XIV) removal of a bridge
classified as in poor condition in
order to improve community
connectivity.
``(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 (A)--
(I) in clause (ix) by striking
``and'' at the end;
(II) by redesignating clause (x) as
clause (xi); and
(III) by inserting after clause (ix)
the following:
``(x) State or local representatives of
educational agencies to address safe routes to
school and schoolbus safety; and'';
(ii) in subparagraph (E) by inserting
``Tribal,'' after ``State,'';
(iii) by redesignating subparagraphs (G),
(H), and (I) as subparagraphs (H), (I), and
(J), respectively; and
(iv) 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 crash 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) Transportation management area.--The term
`transportation management area' means an area designated under
section 134(k).
``(16) 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.
``(17) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of
the safety performance of the State or a metropolitan planning
organization within the State with respect to vulnerable road
users and the plan of the State or metropolitan planning
organization 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 the Secretary determines that
the fatality rate on rural roads in a State for the
most recent 2-year period for which data are available
exceeds the median fatality rate for rural roads among
all States, such 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 described under
section 133(d)(1)(B).
``(C) Annual determination.--The determination
described under subparagraph (A) shall be made on an
annual basis.
``(D) 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'';
(ii) by striking ``drivers and pedestrians''
and inserting ``road users''; and
(iii) by striking ``address the increases
in'' and inserting ``reduce''; and
(C) by adding at the end the following:
``(3) Vulnerable road user safety.--
``(A) High risk states.--
``(i) Annual determination.--Beginning on the
date of enactment of the INVEST in America Act,
the Secretary shall determine on an annual
basis whether the number of vulnerable road
user fatalities and serious injuries per capita
in a State over the most recent 2-year period
for which data are available exceeds the median
number fatalities in all such areas over such
2-year period.
``(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities and serious
injuries per capita in a State over the most
recent 2-year period for which data are
available exceeds the median number of such
fatalities and serious injuries per capita over
such 2-year period 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 (less any amounts obligated for
projects in that State as required by
subparagraph (B)(ii)) for--
``(I) in the first two fiscal years
after the enactment of the INVEST in
America Act--
``(aa) performing the
vulnerable road user safety
assessment as required by
subsection (l);
``(bb) providing matching
funds for transportation
alternatives safety projects as
identified in section
133(h)(7)(B); or
``(cc) projects eligible
under subparagraphs (A), (B),
(C), or (I) of section 133(h);
and
``(II) in each 2-year period
thereafter, projects identified in the
program of projects described in
subsection (l)(2)(C).
``(B) High risk areas.--
``(i) Annual determination.--The Secretary
shall determine on an annual basis whether the
number of vulnerable road user fatalities per
capita in a transportation management area over
the most recent 2-year period for which data
are available exceeds the median number
fatalities in all such areas over such 2-year
period.
``(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities per capita in
the transportation management area over the
most recent 2-year period for which data are
available exceeds the median number of such
fatalities over such 2-year period among all
such areas, then there shall be required to be
obligated over the 2 fiscal years following the
fiscal year in which such determination is
made, for projects identified in the program of
projects described in subsection (l)(7)(C), an
amount that is not less than 50 percent of the
amount set aside for that urbanized area under
section 133(h)(2) for fiscal year 2020.
``(iii) Applicability.--The obligation
requirement described in clause (ii) shall not
take effect until the subject metropolitan
planning organization has developed the
vulnerable road user safety assessment
described in subsection (l)(7).
``(C) Source of funds.--
``(i) In general.--Any amounts required to be
obligated under this paragraph shall be from
amounts apportioned under section 104(b) except
for--
``(I) amounts described in section
133(d)(1)(A); and
``(II) amounts set aside under
section 133(h).
``(ii) Areas in a high risk state.--If an
area subject to the obligation requirement
described in subparagraph (B)(ii) is located in
a State required to obligate funds to
vulnerable road user safety under subparagraph
(A)(ii), any obligations in such State for
projects identified in the program of projects
described in subsection (l)(7)(C) shall count
toward such State's obligation requirement
under subparagraph (A)(ii).'';
(6) in subsection (h)(1)(A)--
(A) by inserting ``, including any efforts to reduce
vehicle speed'' after ``under this section''; and
(B) by inserting ``and projects identified under a
vulnerable road user safety assessment'' after
``projects''; and
(7) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 1 year 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, including, if available, the design speed of
the roadway at any such location;
``(B) a description of any corridors identified by a
State, in coordination with local governments,
metropolitan planning organizations, and regional
transportation planning organizations that pose a high
risk of a vulnerable road user fatality or serious
injury, including, if available, 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), in coordination with
local governments, metropolitan planning organizations,
and regional transportation planning organizations that
represent a high-risk area 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) coordinate 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.
``(7) Urbanized area assessments.--
``(A) In general.--A metropolitan planning
organization representing a transportation management
area shall, in consultation with local governments in
such area, complete a vulnerable road user safety
assessment based on the most recent 5 years of
available data at least once every 4 years.
``(B) Contents.--The assessment completed under
subparagraph (A) shall include--
``(i) a description of the location within
the area of each vulnerable road user fatality
and, if available, serious injury;
``(ii) a description of any corridors that
represent a high-risk area identified under
paragraph (2)(B) or have otherwise been
identified by the metropolitan planning
organization or local government that pose a
high risk of a vulnerable road user fatality or
serious injury; and
``(iii) a program of projects or strategies
to reduce safety risks to vulnerable road users
in corridors identified under subparagraph
(B).''.
(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), publicly accessible charging stations, docks,
and storage for electric bicycles and micromobility
devices,'' 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 or alternative cost allocation under section
24712(g)(3) of title 49.
``(2) Time limitation.--In determining the amount of time for
which a State may obligate funds under paragraph (1) for
operating assistance for an area of a State or on a system, the
Secretary shall allow such obligations to occur, in such area
or on such system--
``(A) with a time limitation of not less than 3
years; and
``(B) in the case of projects that demonstrate
continued net air quality benefits beyond 3 years, as
determined annually by the Secretary in consultation
with the Administrator of the Environmental Protection
Agency, with 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.--An electric vehicle charging station funded
under this title shall--
``(1) provide a charging connector type or means to transmit
electricity to vehicles that meets applicable industry accepted
practices and safety standards; and
``(2) have the ability to serve vehicles produced by more
than one vehicle manufacturer.
``(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) Network Capability.--An electric vehicle charging station
funded under this title shall be capable of being remotely monitored.
``(e) Guidance.--Not less than 180 days after enactment of the INVEST
in America Act, the Secretary of Transportation, in coordination with
the Secretary of Energy, shall, as appropriate, publish guidance for
public comment applicable to any electric vehicle charging station
funded in whole or in part under this title related to--
``(1) the installation, operation, or maintenance by
qualified technicians of electric vehicle charging
infrastructure;
``(2) the physical and payment interoperability of electric
vehicle charging infrastructure;
``(3) any traffic control device or on-premises sign
acquired, installed, or operated related to an electric vehicle
charging station funded under this title; and
``(4) network connectivity of electric vehicle charging,
including measures to protect personal privacy and ensure
cybersecurity.
``(f) Wage Requirements.--Section 113 shall apply to any project for
electric vehicle charging infrastructure funded under this title.''.
(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 a comprehensive system of signs for
electric vehicle charging providers to help drivers identify
the type of charging and connector types available at the
location.
(d) Agreements Relating to the Use and Access of Rights-of-Way of the
Interstate System.--Section 111 of title 23, United States Code, is
amended by adding at the end the following:
``(f) Interstate System Rights-of-Way.--
``(1) In general.--Notwithstanding subsection (a) or (b), the
Secretary shall permit, consistent with section 155, the
charging of electric vehicles on rights-of-way of the
Interstate System, including in--
``(A) a rest area; or
``(B) a fringe or corridor parking facility,
including a park and ride facility.
``(2) Savings clause.--Nothing in this subsection shall
permit commercial activities on rights-of-way of the Interstate
System, except as necessary for the charging of electric
vehicles in accordance with this subsection.''.
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
(a) In General.--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, including local pollution
derived from vehicles idling at railway crossings;
``(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)(2) by striking ``150 miles'' and
inserting ``300 miles'';
(3) in subsection (f)(4) by striking ``75 miles'' and
inserting ``150 miles'';
(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''.
(b) National Highway Freight Network.--If a congressionally
designated future Interstate, or any portion thereof, is included in a
State Freight Plan (regardless of whether such project is included in
the freight investment plan of the State) approved by the Department of
Transportation prior to October 1, 2021, such route shall be considered
to be on the National Highway Freight Network established under section
167(c) of title 23, United States Code.
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(d); and
``(3) is--
``(A) eligible for assistance under this title or
under chapter 53 of title 49 or is a capital project
for vehicles and facilities (whether publicly or
privately owned) that are used to provide intercity
passenger service by bus; or
``(B) 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.--A State may use not more than 10 percent
of the funds provided under section 104(b)(9) for the operating
expenses of public transportation and passenger rail transportation
projects.
``(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)(A),
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)(A),
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)(A); 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.''.
(c) Applicability.--Subsection (b)(2) of section 171 of title 23,
United States Code, as added by this section, shall apply to a State
beginning on the first fiscal year following the fiscal year in which
the State sets greenhouse gas performance targets under section 150(d)
of title 23, United States Code.
SEC. 1214. RECREATIONAL TRAILS.
Section 206 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``except for'' and
all that follows and inserting the following: ``except
for--
``(A) a motorized wheelchair; and
``(B) in any case in which applicable laws and
regulations permit use, an electric bicycle, as defined
in section 217(j).'';
(B) in paragraph (2)--
(i) in subparagraph (F) by striking ``and''
at the end;
(ii) in subparagraph (G) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) electric bicycling.''; and
(2) by adding at the end the following:
``(j) Special Rule.--Section 113 shall not apply to projects under
this section.
``(k) 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.
``(4) Rural school district outreach.--A coordinator
described in paragraph (3) shall conduct outreach to ensure
that rural school districts in the State are aware of such
State's safe routes to school program and any funds authorized
by this section.
``(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) 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 ``at
least one full-time positions'';
(2) in subsection (e) by striking ``bicycles'' and inserting
``pedestrians or bicyclists'' each place such term appears;
(3) in subsection (j)--
(A) in paragraph (1) by inserting ``or operators of
micromobility devices'' after ``bicyclists'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Electric bicycle.--The term `electric bicycle' means
mean a bicycle equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than 750
watts that can safely share a bicycle transportation facility
with other users of such facility and meets the requirements of
one of the following three classes:
``(A) Class 1 electric bicycle.--The term `class 1
electric bicycle' means an electric bicycle equipped
with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 20
miles per hour.
``(B) Class 2 electric bicycle.--The term `class 2
electric bicycle' means an electric bicycle equipped
with a motor that may be used exclusively to propel the
bicycle, and that is not capable of providing
assistance when the bicycle reaches the speed of 20
miles per hour.
``(C) Class 3 electric bicycle.--The term `class 3
electric bicycle' means an electric bicycle equipped
with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 28
miles per hour.
``(3) Micromobility device.--The term `micromobility device'
means any wheeled vehicle equipped with a low powered electric
motor--
``(A) that is designed primarily for human transport;
``(B) that weighs not more than 100 pounds; and
``(C) that has a top speed of 20 miles per hour or
less.''.
SEC. 1217. NOISE BARRIERS.
(a) Permitting Use of Highway Trust Fund for Construction of Certain
Noise Barriers.--Section 339(b)(1) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note) is amended to read as
follows:
``(1) General rule.--No funds made available out of the
Highway Trust Fund may be used to construct a Type II noise
barrier (as defined by section 772.5(I) of title 23, Code of
Federal Regulations) pursuant to subsections (h) and (I) of
section 109 of title 23, United States Code, unless--
``(A) such a barrier is part of a project approved by
the Secretary before November 28, 1995; or
``(B) such a barrier separates a highway or other
noise corridor from a group of structures of which the
majority of those closest to the highway or noise
corridor--
``(i) are residential in nature; and
``(ii) either--
``(I) were constructed before the
construction or most recent widening of
the highway or noise corridor; or
``(II) are at least 10 years old.''.
(b) Eligibility for Surface Transportation Program Funds.--Section
133 of title 23, United States Code, is amended--
(1) in subsection (b) by adding at the end the following:
``(22) Planning, design, or construction of a Type II noise
barrier (as described in section 772.5 of title 23, Code of
Federal Regulations).''; and
(2) in subsection (c)(2) by inserting ``and paragraph (22)''
after ``(11)''.
SEC. 1218. SAFE STREETS FOR ALL.
Section 148 of title 23, United States Code, is further amended by
adding at the end the following:
``(m) Safe Streets for All.--
``(1) Safe streets set-aside.--
``(A) Establishment.--The Secretary shall establish a
safe streets program to eliminate the occurrence of
transportation-related fatalities and serious injuries
on public roads, with a focus on vulnerable road users.
``(B) Amount.--Of the funds apportioned to a State
under section 104(b)(3) for each fiscal year, the
Secretary shall reserve an amount such that--
``(i) the Secretary reserves a total under
this subsection of $500,000,000 for each of
fiscal years 2023 through 2026; and
``(ii) the State's share of that total is
distributed in the same manner as the amount
apportioned to the State under section
104(b)(3) for each fiscal year bears to the
total amount of funds apportioned to all States
under such section.
``(2) Suballocation.--For each fiscal year for which funds
are set aside under this subsection, such funds shall be
obligated within a State in the manner described in subsections
(d) and (e) of section 133, except that, for the purposes of
this subsection, the percentage referred to in section
133(d)(1)(A) shall be treated as 100 percent.
``(3) Use of funds.--
``(A) In general.--Funds set aside under this
subsection shall be available for obligation--
``(i) for a complete streets project that
supports the safe, comfortable, convenient, and
independent movement of all users of the
transportation system, of all ages and
abilities, consistent with context sensitive
design principles;
``(ii) for activities eligible under the safe
routes to school program under section 211;
``(iii) to develop and implement the policies
and procedures described in section 109(s);
``(iv) for any element of vision zero
planning described under section 1601 of the
INVEST in America Act and to implement an
existing vision zero plan;
``(v) for other activities in furtherance of
the vulnerable road user safety assessment of
the State or the metropolitan planning
organization described under subsection (l);
and
``(vi) for any other project, program, or
plan eligible under this section that provides
for the safe and adequate accommodation of all
users of the surface transportation network, as
determined by the Secretary.
``(B) Special rule.--If a State or metropolitan
planning organization demonstrates to the satisfaction
of the Secretary that such State or metropolitan
planning organization has met all its needs for
vulnerable road user safety under this section, the
State or metropolitan planning organization may use
funds made available under this subsection for other
highway safety improvement program purposes, subject to
the suballocation under paragraph (2). The Secretary
may not make a determination under this subparagraph if
the State or metropolitan planning organization has
been subject to the special rule described in
subsection (g)(3) within the last 5 years.''.
SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 211 (as added by this Act) the
following:
``Sec. 212. Use of youth service and conservation corps
``(a) In General.--The Secretary may allow and shall encourage
project sponsors to enter into contracts and cooperative agreements
with qualified youth service or conservation corps, as described in
sections 122(a)(2) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and Community
Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform
appropriate projects eligible under sections 133(h), 162, 206, and 211.
``(b) Requirements.--Under any contract or cooperative agreement
entered into with a qualified youth service or conservation corps under
this section, the Secretary shall--
``(1) set the amount of a living allowance or rate of pay for
each participant in such corps at--
``(A) such amount or rate as required under State law
in a State with such requirements; or
``(B) for corps in States not described in
subparagraph (A), at such amount or rate as determined
by the Secretary, not to exceed the maximum living
allowance authorized by section 140 of the National and
Community Service Act of 1990 (42 U.S.C. 12594); and
``(2) not subject such corps to the requirements of section
112.''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item relating to
section 211 (as added by this Act) the following:
``212. Use of youth service and conservation corps.''.
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 or
territory, 30 percent of the amount
apportioned under this chapter to the
State or territory in the most recently
completed fiscal year; or
``(II) located in more than 1 State
or territory, 50 percent of the amount
apportioned under this chapter to the
participating State or territory 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, or that is eligible to be carried out
under section 165;
``(B) a project to improve person throughput that
is--
``(i) a highway project carried out on the
National Highway System, or that is eligible to
be carried out under section 165;
``(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) one 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, including the
ability to withstand disruptions from a seismic
event;
``(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,
including visitors based on travel and tourism.
``(2) Additional considerations.--In awarding a grant under
this section, the Secretary shall consider the following:
``(A) Whether the project spans at least 1 border
between 2 States.
``(B) Whether the project serves low-income residents
of low-income communities, including areas of
persistent poverty, while not displacing such
residents.
``(C) 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.
``(D) Whether the project improves connectivity
between modes of transportation moving people or goods
in the Nation or region.
``(E) Whether the project provides new or improved
connections between at least two metropolitan areas
with a population of at least 500,000.
``(F) Whether the project would replace, reconstruct,
or rehabilitate a commuter corridor (including a high-
commuter corridor (as such term is defined in section
203(a)(6))) that is in poor condition.
``(G) Whether the project would improve the shared
transportation corridor of a multistate corridor.
``(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 2023 through 2026.
``(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) Bridge Investments.--Of the amounts made available to carry out
this section, the Secretary shall reserve not less than $1,000,000,000
in each fiscal year to make grants for projects described in subsection
(e)(1)(A).
``(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 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 America
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.
``(m) 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.
``(n) Administration.--Of the amounts made available to carry out
this section, the Secretary may use up to $5,000,000 in each fiscal
year for the costs of administering the program under this section.
``(o) Technical Assistance.--Of the amounts made available to carry
out this section, the Secretary may reserve up to $5,000,000 to provide
technical assistance to eligible entities.
``(p) 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).
``(q) 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.
``(r) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State or a group of States;
``(2) a unit of local government, including a metropolitan
planning organization, or a group of local governments;
``(3) a political subdivision of a State or local government;
``(4) a special purpose district or public authority with a
transportation function, including a port authority;
``(5) an Indian Tribe or Tribal organization;
``(6) a Federal agency eligible to receive funds under
section 201, 203, or 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of Land
Management, that applies jointly with a State or group of
States;
``(7) a territory; and
``(8) 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 and Community Setasides.--
``(1) In general.--The Secretary shall reserve--
``(A) not less than 25 percent of the amounts made
available to carry out this section for projects
located in rural areas; and
``(B) not less than 25 percent of the amounts made
available to carry out this section for projects
located in areas with a population greater than 74,999
individuals and fewer than 200,001 individuals.
``(2) Definition of rural area.--In this subsection, the term
`rural area' means all areas of a State or territory that are
outside of an urbanized area with a population greater than
74,999 individuals, as determined by the Bureau of the Census.
``(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) for each application submitted, compare the total
benefits of the proposed project, as determined by the rating
system developed under paragraph (2), with the costs of such
project, 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 described in 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 described in
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 in each
fiscal year 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 America
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.
``(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) an Indian Tribe or Tribal organization;
``(E) a multijurisdictional group of entities
described in this paragraph;
``(F) a special purpose district with a
transportation function or a port authority;
``(G) a territory; or
``(H) a State that applies for a grant under this
section jointly with an entity described in
subparagraphs (A) through (G).
``(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. CLEAN CORRIDORS PROGRAM.
(a) Purpose.--The purpose of this section is to establish a formula
program to strategically deploy electric vehicle charging
infrastructure along designated alternative fuel corridors that will be
accessible to all drivers of electric vehicles.
(b) National Electric Vehicle Charging and Hydrogen, Propane, and
Natural Gas Fueling Corridors.--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 ``Not later than'' and inserting the
following:
``(1) In general.--Not later than'';
(B) 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'';
(C) by inserting ``establish a recurring process to
regularly'' after ``the Secretary shall''; and
(D) by adding at the end the following:
``(2) Freight corridors.--Not later than 1 year after the
date of enactment of the INVEST in America Act, the Secretary
shall designate national electric vehicle charging and hydrogen
fueling freight corridors that identify the near- and long-term
need for, and the location of, electric vehicle charging and
hydrogen fueling infrastructure to support freight and goods
movement at strategic locations along major national highways,
the National Highway Freight Network, and goods movement
locations including ports, intermodal centers, and warehousing
locations.'';
(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 ``, including progress on
the implementation of subsection (f); 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 to allow for the predictable deployment of such
infrastructure.''; and
(5) by adding at the end the following:
``(f) Clean Corridors Program.--
``(1) Establishment.--There is established a clean corridors
program (referred to in this subsection as the ``Program'') to
provide funding to States to strategically deploy electric
vehicle charging and hydrogen fueling infrastructure along
alternative fuel corridors and to establish an interconnected
network to facilitate data collection, access, and reliability.
``(2) Purpose.--The purpose of the Program is to provide
funding for--
``(A) the acquisition and installation of electric
vehicle charging infrastructure and hydrogen fueling
infrastructure to serve as a catalyst for the
deployment of such infrastructure and to connect it to
a network to facilitate data collection, access, and
reliability;
``(B) proper operation and maintenance of electric
vehicle charging infrastructure; and
``(C) data sharing about charging and fueling
infrastructure to ensure the long-term success of
investments made through the Program.
``(3) Alternative distribution of funds.--
``(A) Plan.--The Secretary shall establish a deadline
by which a State shall provide a plan to the Secretary,
in such form and such manner that the Secretary
requires, describing how such State intends to use its
allocation under this section.
``(B) Efficient obligation of funds.--If a State
fails to submit the plan required by subparagraph (A)
to the Secretary in a timely manner, or if the
Secretary determines a State has not taken sufficient
action to carry out its plan, the Secretary may--
``(i) withdraw from the State the funds that
were apportioned to the State for a fiscal year
under section 104(b)(10);
``(ii) award such funds on a competitive
basis to local units of government within the
State for use on projects that meet the
eligibility requirements described in paragraph
(4); and
``(iii) ensure timely obligation of such
funds.
``(C) Redistribution among states.--If the Secretary
determines that any funds withdrawn from a State under
subparagraph (B)(i) cannot be fully awarded to local
units of government within the State under subparagraph
(B)(ii) in a manner consistent with the purpose of this
subsection, any such funds remaining under subparagraph
(B)(i) shall be--
``(i) apportioned among other States (except
States for which funds for that fiscal year
have been withdrawn under subparagraph (B)(i))
in the same ratio as funds apportioned for that
fiscal year under section 104(b)(10)(C) for the
Program; and
``(ii) only available to carry out this
section.
``(4) Eligible projects.--
``(A) In general.--Funding made available under this
subsection shall be for projects--
``(i) directly related to the electric
charging or hydrogen fueling of a vehicle; and
``(ii) only for infrastructure that is open
to the general public or to authorized
commercial motor vehicle operators from more
than 1 company.
``(B) Location of infrastructure.--
``(i) In general.--Any charging or fueling
infrastructure acquired or installed with
funding under this subsection shall be located
along an alternative fuel corridor.
``(ii) Guidance.--Not later than 90 days
after the date of enactment of the INVEST in
America Act, the Secretary of Transportation,
in coordination with the Secretary of Energy,
shall develop guidance for States and
localities to strategically deploy charging and
fueling infrastructure along alternative fuel
corridors, consistent with this section.
``(iii) Additional considerations.--In
developing the guidance required under clause
(ii), the Secretary of Transportation, in
coordination with the Secretary of Energy,
shall consider--
``(I) the distance between publicly
available charging and fueling
infrastructure eligible under this
section;
``(II) connections to the electric
grid or fuel distribution system,
including electric distribution
upgrades, vehicle-to-grid integration,
including smart charge management or
other protocols that can minimize
impacts to the electric grid, and
alignment with electric distribution
interconnection processes;
``(III) plans to protect the electric
grid from added load of charging
distribution systems from adverse
impacts of changing load patterns,
including through on site storage;
``(IV) plans for the use of renewable
energy sources to power charging,
energy storage, and hydrogen fuel
production;
``(V) the proximity of existing off-
highway travel centers, fuel retailers,
and small businesses to electric
vehicle charging infrastructure
acquired or funded under this
subsection;
``(VI) the need for publicly
available electric vehicle charging
infrastructure in rural corridors;
``(VII) the long-term operation and
maintenance of publicly available
electric vehicle charging
infrastructure to avoid stranded assets
and protect the investment of public
funds in that infrastructure;
``(VIII) existing private, national,
State, local, Tribal, and territorial
government electric vehicle charging
infrastructure programs and incentives;
``(IX) fostering enhanced,
coordinated, public-private or private
investment in charging and fueling
infrastructure;
``(X) ensuring consumer protection
and pricing transparency;
``(XI) the availability of onsite
amenities for vehicle operators,
including restrooms or food facilities;
and
``(XII) any other factors, as
determined by the Secretary.
``(5) Eligible project costs.--Subject to paragraph (6),
funds made available under this subsection may be used for--
``(A) the acquisition or installation of electric
vehicle charging or hydrogen fueling infrastructure;
``(B) operating assistance for costs allocable to
operating and maintaining infrastructure acquired or
installed under this subsection, for a period not to
exceed five years;
``(C) the acquisition or installation of traffic
control devices located in the right-of-way to provide
directional information to infrastructure acquired,
installed, or operated under this subsection; or
``(D) on-premises signs to provide information about
infrastructure acquired, installed, or operated under
this subsection.
``(6) Guidance.--Not later than 180 days after the date of
enactment of the INVEST in America Act, the Secretary of
Transportation, in coordination with the Secretary of Energy,
shall, as appropriate, publish guidance for public comment
related to--
``(A) the installation, operation, or maintenance by
qualified technicians of electric vehicle charging
infrastructure under this subsection;
``(B) the physical and payment interoperability of
electric vehicle charging infrastructure under this
subsection;
``(C) any traffic control device or on-premises sign
acquired, installed, or operated under this subsection;
``(D) any data requested by the Secretary related to
a project funded under this subsection, including the
format and schedule for the submission of such data;
and
``(E) network connectivity of electric vehicle
charging that includes measures to protect personal
privacy and ensure cybersecurity.
``(7) Federal share.--The Federal share payable for the cost
of a project funded under this subsection shall be 80 percent.
``(8) Period of availability.--Notwithstanding section
118(b), funds made available for the Program shall be available
until expended.
``(9) Additional assistance grants.--For each of fiscal years
2023 through 2026, before making an apportionment under section
104(b)(10), the Secretary shall set aside, from amounts made
available to carry out the clean corridors program under this
subsection, $100,000,000 for grants to States or localities
that require additional assistance to strategically deploy
infrastructure eligible under this subsection along alternative
fuel corridors to fill gaps in the national charging network,
including in rural areas.
``(10) Definition of alternative fuel corridors.--In this
subsection, the term `alternative fuel corridors' means a fuel
corridor--
``(A) designated under subsection (a); or
``(B) equivalent to a fuel corridor described under
such subsection that is designated, after consultation
with any affected Indian Tribes or Tribal
organizations, by a State or group of States.''.
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, or a county or multi-county special district.
``(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) An Indian Tribe or Tribal organization.
``(7) A territory.
``(8) A multijurisdictional group of entities described in
paragraphs (1) through (7).
``(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 is a capital project for
vehicles and facilities, whether publicly or privately owned,
that are used to provide intercity passenger service by bus; 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 residents of low-income
communities, including areas of persistent poverty, while not
displacing such residents;
``(7) a project uses pavement materials that demonstrate
reductions in greenhouse gas emissions through sequestration or
innovative manufacturing processes;
``(8) a project repurposes neglected or underused
infrastructure, including abandoned highways, bridges,
railways, trail ways, and adjacent underused spaces, into new
hybrid forms of public space that support multiple modes of
transportation; and
``(9) a project includes regional multimodal transportation
system management and operations elements that will improve the
effectiveness of such project and encourage reduction of single
occupancy trips by providing the ability of users to plan, use,
and pay for multimodal transportation alternatives.
``(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 America
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.
``(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) Public Comment.--Prior to issuing the notice of funding
opportunity for funding under this section for fiscal year 2023, the
Secretary, in consultation with the Administrator of the Environmental
Protection Agency, shall solicit public comment on the method of
determining the significant reduction in greenhouse gas emissions
required under subsection (e).
``(m) Consultation.--Prior to making an award under this section in a
given fiscal year, the Secretary shall consult with the Administrator
of the Environmental Protection Agency to determine which projects are
expected to yield a significant reduction in greenhouse gas emissions
as required under subsection (e).
``(n) Rural Set-aside.--
``(1) In general.--The Secretary shall set aside not less
than 10 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 or territory that are
outside of an urbanized area with a population greater than
74,999 individuals, as determined by 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 establish a
metro performance program in accordance with this section to enhance
local decision making and provide enhanced local control in
transportation project delivery.
(b) Direct Recipient 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) Authority.--Nothing in this section shall be construed to
prohibit a direct recipient from taking any action otherwise
authorized to secure and expend Federal funds authorized 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 one 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(d) of such title;
(F) whether the applicant is a designated recipient
of funds as described under subparagraphs (A) and (B)
of section 5302(4) of title 49, United States Code, or
a direct recipient of funds under section 5307 of such
title from the Federal Transit Administration; and
(G) any other criteria established by the Secretary.
(4) Requirements.--
(A) Call for nomination.--Not later than February 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, including implementing regulations.
(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)(i) 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 in each of fiscal years 2023
through 2026 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) 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.--Of funds allocated
to direct recipients under subparagraph (A), 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
undistributed after the distribution described in this
subsection, such remaining amounts and an associated
amount of obligation limitation shall be made available
as if suballocated under clauses (i) and (ii) of
section 133(d)(1)(A) of title 23, United States Code,
and distributed among the States in the proportion that
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
populations of all urbanized areas across all States.
(3) Project delivery.--
(A) In general.--For 1 or more projects carried out
with funds provided under this section, the direct
recipient may, consistent with the agreement entered
into with the Secretary under this paragraph, assume
the Federal-aid highway project approval and oversight
responsibilities vested in the State department of
transportation under section 106 of title 23, United
States Code.
(B) Partnership.--The direct recipient may partner
with a State, unit of local government, regional
entity, or transit agency to carry out a project under
this section.
(C) Procedural, legal, and substantive
requirements.--A direct recipient entering into an
agreement with the Secretary under this section shall
assume responsibility for compliance with all
procedural and substantive requirements as would apply
if that responsibility were carried out by a State,
unless the direct recipient or the Secretary determines
that such assumption of responsibility for 1 or more of
the procedural and substantive requirements is not
appropriate.
(D) Written agreement.--The Secretary and the direct
recipient shall enter into an agreement in writing
relating to the extent to which the direct recipient
assumes the responsibilities of the Secretary under
this paragraph. Such agreement shall be developed in
consultation with the State.
(E) Use of funds.--The direct recipient may use
amounts made available under this section for costs
incurred in implementing this paragraph and to
compensate a State, unit of local government, or
transit agency for costs incurred in providing
assistance under this paragraph.
(F) Limitations.--The direct recipient may not assume
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, and section 5303 of title 49, United States Code.
(2) Selection of projects.--
(A) In general.--Notwithstanding subsections (j)(5)
and (k)(4) of section 134 of title 23, United States
Code, or subsections (j)(5) and (k)(4) of section 5303
of title 49, United States Code, a direct recipient
shall select, from the approved transportation
improvement program under such sections, all projects
to be funded 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 administered
as if apportioned under chapter 1 of title 23, United States
Code.
(2) 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) Eligibility.--
(1) Eligible applicants.--The Secretary may make grants under
this section to an applicant that serves an eligible area and
that is--
(A) a metropolitan planning organization;
(B) a unit of local government or a group of local
governments;
(C) a multijurisdictional group of entities described
in subparagraphs (A) and (B);
(D) a special purpose district or public authority
with a transportation function, including a port
authority; or
(E) a State that is in partnership with an entity or
group of entities described in subparagraph (A), (B),
or (C).
(2) Eligible area.--An eligible area for an eligible entity
under paragraph (1) shall be--
(A) a combined statistical area, as defined by the
Office of Management and Budget, with a population of
not less than 1,300,000; or
(B) a metropolitan statistical area that is not part
of a combined statistical area, as defined by the
Office of Management and Budget, that has a population
of not less than 750,000.
(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 one or more of the
following:
(1) Transportation systems management and operations,
including strategies to improve the operations of high-
occupancy vehicle lanes.
(2) Intelligent transportation systems to improve
connectivity and innovation.
(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, including value capture and transit-
oriented development projects;
(B) a bicycle or pedestrian project, including a
project to provide safe and connected active
transportation networks; and
(C) a surface transportation project carried out in
accordance with the national travel and tourism
infrastructure strategic plan under section 1431(e) of
the FAST Act (49 U.S.C. 301 note).
(10) Any other project, as determined appropriate by the
Secretary utilizing eligible projects.
(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);
(v) leverages Federal funds with non-Federal
contributions; and
(vi) integrates regional multimodal
transportation management and operational
projects that address both passenger and
freight congestion.
(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 9 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 America
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.
(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 BRIDGES PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a
rebuild rural bridges program to improve the safety and state of good
repair of bridges in rural communities.
(b) Grant Authority.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a competitive
basis, to eligible applicants in accordance with this section.
(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
determines appropriate.
(d) Eligible Projects.--The Secretary--
(1) shall provide grants under this section to projects
eligible under title 23, United States Code, including projects
on and off of the Federal-aid highway system, to inspect,
replace, rehabilitate, or preserve--
(A) an off-system bridge;
(B) a bridge on Tribal land; or
(C) a bridge in poor condition located in a rural
community; and
(2) may provide a grant for a bundle of bridges described in
paragraph (1).
(e) Eligible Project Costs.--A recipient of 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;
(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, and
construction contingencies; and
(3) bridge inspection, evaluation, and preservation.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out using 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.
(g) Considerations.--In making grants under this section, the
Secretary shall consider--
(1) whether the project can be completed without additional
Federal funding or financial assistance available to the
project sponsor, beyond existing Federal apportionments; and
(2) the level of benefits the project is expected to
generate, including--
(A) the costs avoided by the prevention of closure or
reduced use of the asset to be improved by the project;
(B) reductions in maintenance costs over the life of
the asset;
(C) safety benefits, including the reduction of
accidents and related costs; and
(D) benefits to the economy of the rural or Tribal
community.
(h) Investments in Colonias.--
(1) In general.--Of the grants made available under this
section, for fiscal years 2023 through 2026, a total of not
less than $10,000,000 shall be made available to provide grants
that improve the safety, state of good repair, or connectivity
through bridge investments in and providing access to,
colonias.
(2) Colonia defined.--In this section, the term ``colonia''
means any identifiable community that--
(A) is in the State of Arizona, California, New
Mexico, or Texas;
(B) is in the area of the United States within 150
miles of the border between the United States and
Mexico, except that the term does not include any
standard metropolitan statistical area that has a
population exceeding 1,000,000;
(C) is determined to be a colonia on the basis of
objective criteria, including lack of potable water
supply, lack of adequate sewage systems, and lack of
decent, safe, and sanitary housing; and
(D) was in existence as a colonia before November 28,
1990.
(i) 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 of the Senate of the
intention to award such a grant.
(j) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State;
(B) a metropolitan planning organization or a
regional transportation planning organization;
(C) a unit of local government;
(D) a Federal land management agency;
(E) an Indian Tribe or Tribal organization;
(F) a territory; and
(G) a multijurisdictional group of entities described
in subparagraph (A) through (F).
(2) Off system bridge.--The term ``off-system bridge'' has
the meaning given such term in section 133(f) of title 23,
United States Code, (as added by this Act).
(3) Rural community.--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
announcing a project selected to receive 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) 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) Prohibition on Charging Fees.--To be eligible for a grant under
this section, an eligible entity shall certify that no fees will be
charged for the use of a project assisted with such grant.
(i) 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''.
(j) Survey; Comparative Assessment; Report.--
(1) Update.--Not later than 2 years 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 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
commercial motor vehicle 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.
(k) 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 CONNECTED TRANSPORTATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
an active connected transportation grant program to provide for safe
and connected active transportation networks and active transportation
connectors.
(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, including a county or multi-
county special district;
(5) a Federal land management agency;
(6) a natural resource or public land agency;
(7) an Indian Tribe or Tribal organization;
(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 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 connectors; and
(C) planning related to the development of--
(i) active transportation networks;
(ii) active transportation connectors; and
(iii) vision zero plans or complete streets
prioritization plans under section 1601; 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)(2), a total cost of not less than $100,000.
(f) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section for fiscal years 2023 through 2026 and except as
provided in paragraph (2), the Secretary shall obligate--
(A) not less than 30 percent to eligible projects
that construct active transportation networks; and
(B) not less than 30 percent to eligible projects
that construct active transportation connectors.
(2) Planning grants.--Of the amounts made available to carry
out this section for fiscal years 2023 through 2026, 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 active transportation, including walking and
bicycling, including through the creation of--
(A) active transportation networks connecting
destinations within or between communities, including
between schools, workplaces, residences, businesses,
recreation areas, and other community areas; and
(B) active transportation connectors connecting 2 or
more communities, metropolitan areas, or States,
including greenway paths;
(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) Definitions.--In this section:
(1) Active transportation network.--The term ``active
transportation network'' means facilities built for alternative
methods of transportation to motor vehicles for individuals,
including sidewalks, bikeways, and pedestrian and bicycle
trails, that connect destinations within an area covered by a
unit of local government, a county, a community, including a
community on Federal lands, or a metropolitan area.
(2) Active transportation connector.--The term ``active
transportation connector'' means facilities built for
alternative methods of transportation to motor vehicles for
individuals, including sidewalks, bikeways, and pedestrian and
bicycle trails, that connect 2 or more active transportation
networks or connect communities, areas covered by a unit of
local government, counties, metropolitan areas, Federal lands,
or States.
(3) Greenway path.--The term ``greenway path'' means an
active transportation connector that--
(A) crosses jurisdictional boundaries, including
State lines, and provides for connectivity between
multiple communities, counties, metropolitan areas, or
States; or
(B) is a component of a regionally or nationally
significant network.
(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.
SEC. 1310. WILDLIFE CROSSINGS PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
wildlife crossings grant program (referred to in this section as the
``program'') to provide grants for projects that seek to achieve--
(1) a reduction in the number of wildlife-vehicle collisions;
and
(2) improved habitat connectivity for terrestrial and aquatic
species.
(b) Eligible Entities.--The Secretary may make grants under the
program to the following entities:
(1) A State.
(2) An Indian Tribe or Tribal organization.
(3) A territory.
(4) A Federal land management agency described in section
203(b) of title 23, United States Code.
(5) A group of entities described in paragraphs (1) through
(4).
(c) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Considerations.--In selecting grant recipients under the program,
the Secretary shall consider the following:
(1) Primary criteria.--The extent to which the proposed
project is likely to protect motorists and wildlife by reducing
the number of wildlife-vehicle collisions and improve habitat
connectivity for terrestrial and aquatic species.
(2) Secondary criteria.--
(A) The resilience benefits of the project.
(B) The extent to which the project incorporates
climate science, including expected changes in
migration patterns.
(C) The extent to which the project sponsor has
coordinated with the relevant State agency with
jurisdiction over fish and wildlife, if appropriate.
(D) In the case of a project involving species listed
as threatened species or endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), whether the project sponsor has coordinated with
the United States Fish and Wildlife Service.
(E) Other ecological benefits of the project,
including--
(i) reductions in stormwater runoff and other
water pollution; and
(ii) the benefits of improved habitat
connectivity for pollinators and the use of
natively appropriate grasses.
(F) Whether the project supports local economic
development and improvement of visitation
opportunities.
(G) The extent to which the project incorporates
innovative technologies, including advanced design
techniques and other strategies to enhance efficiency
and effectiveness in reducing wildlife-vehicle
collisions and improving habitat connectivity for
terrestrial and aquatic species.
(H) The extent to which the project provides
educational and outreach opportunities.
(I) Whether the project will further research to
evaluate, compare effectiveness of, and identify best
practices in selected projects.
(J) How the benefits compare to the costs of the
project.
(K) Any other criteria relevant to reducing the
number of wildlife-vehicle collisions and improving
habitat connectivity for terrestrial and aquatic
species, as the Secretary determines to be appropriate.
(e) 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;
(2) construction (including construction of protective
features), 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; and
(3) planning and technical assistance activities consistent
with section 5107 of title 49, United States Code, including--
(A) data collection on wildlife-vehicle collisions;
(B) integration of State, Tribal, territorial,
regional, or Federal wildlife conservation plans and
data collection with transportation planning and
project selection;
(C) technical assistance, including workforce
development training, on reducing wildlife-vehicle
collisions and improving habitat connectivity for
terrestrial and aquatic species; and
(D) education and public outreach to reduce wildlife-
vehicle collisions.
(f) Partnerships.--
(1) In general.--A grant received under the program may be
used to provide funds to an eligible partner as a subrecipient,
in accordance with the terms of the project agreement and
subject to the requirements of this section.
(2) Eligible partner defined.--In this section, the term
``eligible partner'' means--
(A) an eligible entity described in subsection (b);
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a regional transportation authority;
(E) a special purpose district or public authority
with a transportation function, including a port
authority;
(F) a non-profit entity or institution of higher
education; or
(G) a Federal, Tribal, regional, State, or local
governmental entity not described in subsection (b).
(g) Requirements.--
(1) Rural projects.--The Secretary shall reserve not less
than 50 percent of the amounts made available under this
section for projects located in a rural community.
(2) Resilience.--A project under this section shall be
designed to ensure resilience over the anticipated service life
of the asset.
(3) Limitation.--The Secretary may not award more than 10
percent of the amounts made available under this section for
grants that propose only activities described in subsection
(e)(3).
(h) 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 of the Senate of the
intention to award such a grant.
(i) Annual Report.--
(1) In general.--Not later than December 31 of each calendar
year, the Secretary shall publish, on the website of the
Department of Transportation, a report describing the
activities under the program for the fiscal year that ends
during that calendar year.
(2) Contents.--The report under paragraph (1) shall include--
(A) a detailed description of the activities carried
out under the program;
(B) an evaluation of the effectiveness of the program
in meeting the purposes described in subsection (b);
and
(C) policy recommendations, if any, to improve the
effectiveness of the program.
(j) Definitions.--In this section:
(1) Protective features.--The term ``protective features''
has the meaning given such term in section 101 of title 23,
United States Code.
(2) Resilience.--The term ``resilience'' has the meaning
given that term in section 101 of title 23, United States Code.
(3) Rural community.--The term ``rural community'' means any
area of a State or territory that is not an urbanized area, as
such term is defined in section 101 of title 23, United States
Code.
(4) Secretary.--The term ``Secretary'' 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.
SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a
reconnecting neighborhoods program under which an eligible entity may
apply for funding in order to identify, remove, replace, retrofit, or
remediate the effects from eligible facilities and restore or improve
connectivity, mobility, and access in disadvantaged and underserved
communities, including--
(1) studying the feasibility and impacts of removing,
retrofitting, or remediating the effects on community
connectivity from an existing eligible facility;
(2) conducting preliminary engineering and final design
activities for a project to remove, retrofit, or remediate the
effects on community connectivity from an existing eligible
facility;
(3) conducting construction activities necessary to carry out
a project to remove, retrofit, or remediate the effects on
community connectivity from an existing eligible facility; and
(4) ensuring any activities carried out under this section--
(A) focus on improvements that will benefit the
populations impacted by or previously displaced by the
eligible facility; and
(B) emphasize equity by garnering community
engagement, avoiding future displacement, and ensuring
local participation in the planning process.
(b) Eligible Entities.--
(1) In general.--The Secretary may award a planning grant or
a capital construction grant to--
(A) a State;
(B) a unit of local government;
(C) an Indian Tribe or Tribal organization;
(D) a territory;
(F) a metropolitan planning organization;
(G) a transit agency;
(H) a special purpose district with a transportation
function; and
(I) a group of entities described in this paragraph.
(2) Partnerships.--An eligible entity may enter into an
agreement with the following entities to carry out the eligible
activities under this section:
(A) A nonprofit organization.
(B) An institution of higher education, as such term
is defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001), including historically black
colleges and universities, defined as the term
``Predominantly Black institution'' is defined in
section 371(c) of the Higher Education Act of 1965 (20
U.S.C. 1067q(c)).
(c) Planning Grants.--
(1) In general.--The Secretary may award grants (referred to
in this section as a ``planning grants'') to carry out planning
activities described in paragraph (2).
(2) Eligible activities described.--The planning activities
referred to in paragraph (1) are--
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or remediating an existing
eligible facility to restore community connectivity,
including evaluations of--
(i) current traffic patterns on the eligible
facility proposed for removal, retrofit, or
remediation and the surrounding street network;
(ii) the capacity of existing transportation
networks to maintain mobility needs;
(iii) an analysis of alternative roadway
designs or other uses for the right-of-way of
the eligible facility, including an analysis of
whether the available right-of-way would
suffice to create an alternative roadway
design;
(iv) the effect of the removal, retrofit, or
remediation of the eligible facility on the
mobility of freight and people;
(v) the effect of the removal, retrofit, or
remediation of the eligible facility on the
safety of the traveling public;
(vi) the cost to remove, retrofit, or
remediate the eligible facility--
(I) to restore community
connectivity; and
(II) to convert the eligible facility
to a roadway design or use that
increases safety, mobility, and access
for all users, compared to any expected
costs for necessary maintenance or
reconstruction of the eligible
facility; and
(vii) the environmental impacts of retaining
or reconstructing the eligible facility and the
anticipated effect of the proposed alternative
use or roadway design;
(B) public engagement activities to provide
opportunities for public input into a plan to remove,
replace, retrofit, or remediate the effects from an
eligible facility, including--
(i) building organizational or community
capacity to, and educating community members on
how to, engage in and contribute to eligible
planning activities described in subsection
(c)(2);
(ii) identifying community needs and desires
for community improvements and developing
community driven solutions in carrying out
eligible planning activities described in
subsection (c)(2);
(iii) conducting assessments of equity,
mobility and access, environmental justice,
affordability, economic opportunity, health
outcomes, and other local goals to be used in
carrying out eligible planning activities
described in subsection (c)(2); and
(iv) forming a community advisory board in
accordance with subsection (d)(7);
(C) other transportation planning activities required
in advance of a project to remove, retrofit, or
remediate an existing eligible facility to restore
community connectivity, as determined by the Secretary;
(D) evaluating land use and zoning changes necessary
to improve equity and maximize transit-oriented
development in connection with project eligible for a
capital construction grant, including activities
eligible under section 5327 of title 49, United States
Code; and
(E) establishment of anti-displacement and equitable
neighborhood revitalization strategies in connection
with project eligible for a capital construction grant,
including establishment of a community land trust for
land acquisition, land banking, and equitable transit-
oriented development.
(3) Technical assistance.--
(A) In general.--The Secretary may provide technical
assistance described in subparagraph (B) to an eligible
entity.
(B) Technical assistance described.--The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community
capacity--
(i) to conduct transportation planning; and
(ii) to identify innovative solutions to
challenges posed by existing eligible
facilities, including reconnecting communities
that--
(I) are bifurcated by eligible
facilities; or
(II) lack safe, reliable, and
affordable transportation choices.
(4) Selection.--The Secretary shall--
(A) solicit applications for--
(i) planning grants;
(ii) technical assistance under paragraph
(3); and
(iii) the activities would benefit
populations impacted by or previously displaced
by an eligible facility; and
(B) evaluate applications for a planning grant on the
basis of the demonstration by the applicant that--
(i) the eligible facility--
(I) creates barriers to mobility,
access, or economic development; or
(II) is not justified by current and
forecast future travel demand; and
(ii) on the basis of preliminary assessment
into the feasibility of removing, retrofitting,
or remediating the eligible facility to restore
community connectivity, and increase safety,
mobility, and access for all users, further
planning activities are necessary and likely to
be productive.
(5) Award amounts.--A planning grant may not exceed
$2,000,000 for any recipient.
(6) Federal share.--The total Federal share of the cost of a
planning activity for which a planning grant is used may not
exceed 80 percent.
(d) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award grants
(referred to in this section as a ``capital construction
grants'') to eligible entities to carry out eligible projects
described in paragraph (3).
(2) Partnerships.--In the case that the owner of an eligible
facility that is the subject of the capital construction grant
is not an eligible entity, an eligible entity shall demonstrate
the existence of a partnership with the owner of the eligible
facility.
(3) Eligible projects.--A project eligible to be carried out
with a capital construction grant includes the following:
(A) The removal, retrofit, or remediation of the
effects on community connectivity from of an eligible
facility.
(B) The replacement of an eligible facility with a
new facility that--
(i) restores community connectivity;
(ii) employs context sensitive solutions
appropriate for the surrounding community; and
(iii) is otherwise eligible for funding under
title 23, United States Code.
(C) Support for community partnerships, including a
community advisory board described under paragraph (7),
in connection with a capital construction grant awarded
under this subsection.
(D) Other activities required to remove, replace,
retrofit, or remediate an existing eligible facility,
as determined by the Secretary.
(4) Selection.--The Secretary shall--
(A) solicit applications for capital construction
grants;
(B) evaluate applications on the basis of--
(i) the degree to which the project will
improve mobility and access through the removal
of barriers;
(ii) the appropriateness of removing,
retrofitting, or remediating the effects on
community connectivity from the eligible
facility, based on current traffic patterns and
the ability of the project and the regional
transportation network to absorb transportation
demand and provide safe mobility and access;
(iii) the impact of the project on freight
movement;
(iv) the results of a cost-benefit analysis
of the project;
(v) the extent to which the grantee has plans
for inclusive economic development in place,
including the existing land use and whether the
zoning provides for equitable and transit-
oriented development of underutilized land;
(vi) the degree to which the eligible
facility is out of context with the current or
planned land use;
(vii) the results of any feasibility study
completed for the project;
(viii) whether the eligible facility is
likely to need replacement or significant
reconstruction within the 20-year period
beginning on the date of the submission of the
application;
(ix) whether the project is consistent with
the relevant long-range transportation plan and
included in the relevant statewide
transportation improvement program;
(x) whether the project is consistent with,
and how the project would impact, the relevant
transportation performance management targets;
and
(xi) the extent to which the project benefits
populations impacted by or previously displaced
by the eligible facility;
(C) ensure that the project has conducted sufficient
community engagement, such as the activities described
in subsection (c)(2)(B); and
(D) ensure that the jurisdiction in which the
eligible facility is located has an anti-displacement
policy or a community land trust in place.
(5) Minimum award amounts.--A capital construction grant
shall be in an amount not less than $5,000,000 for each
recipient.
(6) Federal share.--
(A) In general.--Subject to subparagraph (B), the
Federal share of the total cost of a project carried
out using a capital construction grant may not exceed
80 percent.
(B) Maximum federal involvement.--Federal assistance
other than a capital construction grant may be used to
satisfy the non-Federal share of the cost of a project
for which the grant is awarded.
(7) Community advisory board.--
(A) In general.--To help achieve inclusive economic
development benefits with respect to the project for
which a grant is awarded, a grant recipient may form a
community advisory board, which, if formed, shall--
(i) facilitate community engagement with
respect to the project; and
(ii) track progress with respect to
commitments of the grant recipient to inclusive
employment, contracting, and economic
development under the project.
(B) Membership.--If a grant recipient forms a
community advisory board under subparagraph (A), the
community advisory board shall be composed of
representatives of--
(i) the community, including residents in the
immediate vicinity of the project;
(ii) owners of businesses that serve the
community;
(iii) labor organizations that represent
workers that serve the community;
(iv) State and local government; and
(v) private and non-profit organizations that
represent local community development.
(C) Diversity.--The community advisory board shall be
representative of the community served by the project.
(e) Priorities.--In selecting recipients of planning grants, capital
construction grants, and technical assistance under this section, the
Secretary shall give priority to--
(1) an application from a community that is economically
disadvantaged, including an environmental justice community, an
underserved community, or a community located in an area of
persistent poverty (as such term is defined in section 101 of
title 23, United States Code); and
(2) an eligible entity that has--
(A) entered into a community benefits agreement with
representatives of the community or formed a community
advisory board under paragraph (7) of subsection (d);
(B) demonstrated a plan for employing residents in
the area impacted by the activity or project through
targeted hiring programs; and
(C) demonstrated a plan for improving transportation
system access.
(f) Administrative Expenses.--Of amounts made available to carry out
this section, the Secretary may set aside not more than $5,000,000 in
each fiscal year for the costs of administering the program under this
section.
(g) Technical Assistance.--Of amounts made available to carry out
this section, the Secretary may set aside not more than $5,000,000 in
each fiscal year to provide technical assistance to eligible entities
under subsection (c)(3).
(h) Report.--Not 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 that--
(1) identifies and creates an online mapping tool showing any
examples of potential projects to remove eligible facilities,
and assesses the potential impacts of carrying out such
projects; and
(2) assesses projects funded under subsection (d) to provide
best practices.
(i) Definitions.--In this section:
(1) Anti-displacement policy.--The term ``anti-displacement
policy'' means a policy that limits the displacement of low-
income, disadvantaged, and underserved communities from
neighborhoods due to new investments in housing, businesses,
and infrastructure.
(2) Community land trust.--The term ``community land trust''
means a nonprofit organization established or with the
responsibility, as applicable--
(A) to develop the real estate created by the removal
or capping of an eligible facility; and
(B) to carry out anti-displacement or community
development strategies, including--
(i) affordable housing preservation and
development;
(ii) homeownership and property improvement
programs;
(iii) the development or rehabilitation of
park space or recreation facilities; and
(iv) community revitalization and economic
development projects.
(3) Eligible facility.--
(A) In general.--The term ``eligible facility'' means
a highway or other transportation facility that creates
a barrier to community connectivity, including barriers
to mobility, access, or economic development, due to
high speeds, grade separations, or other design
factors.
(B) Inclusions.--In this section, the term ``eligible
facility'' may include--
(i) a limited access highway;
(ii) a railway;
(iii) a viaduct;
(iv) a principal arterial facility; or
(v) any other transportation facility for
which the high speeds, grade separation, or
other design factors create an obstacle to
connectivity.
SEC. 1312. APPRENTICESHIP UTILIZATION.
(a) In General.--
(1) Certification requirement.--To receive a grant under
sections 117 and 173 of title 23, United States Code, and
section 1311 of this Act, each applicant shall include in a
grant application a certification that such applicant will
ensure that any contractor or subcontractor utilized in
carrying out activities with such grant--
(A) meets or exceeds the apprenticeship employment
goal; and
(B) to the extent practicable, employs qualified
apprentices from traditionally underrepresented
populations, including women and minorities, in meeting
or exceeding such goal.
(2) Exceptions.--The Secretary may adjust the requirements of
this section if the grant applicant--
(A) demonstrates a lack of availability of qualified
apprentices in a specific geographic area; or
(B) makes a good faith effort to comply with the
requirements of this section.
(b) Regulations.--The Secretary shall have the authority to issue
such regulations or other guidance, forms, instructions, and
publications as may be necessary or appropriate to carry out the
requirements of this section, including reporting requirements for
applicants awarded a grant.
(c) Report to Congress.--Not later than 3 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 on
the utilization of qualified apprentices for projects carried out under
sections 117 and 173 of title 23, United States Code, and section 1311
of this Act, that includes--
(1) the total number of labor hours fulfilled by qualified
apprentices;
(2) the total number of qualified apprentices employed;
(3) the total number of grant recipients that met or exceeded
the apprenticeship employment goal; and
(4) best practices utilized by grant recipients that met or
exceeded the apprenticeship employment goal.
(d) Public Transparency.--At the end of each fiscal year, the
Secretary shall make available on a public website information on the
utilization of qualified apprentices in the preceding fiscal year for
each grant program under sections 117 and 173 of title 23, United
States Code, and section 1311 of this Act, including--
(1) the total number of grant applicants that certified they
would be able to meet or exceed the apprenticeship employment
goal under subsection (a); and
(2) the total number of grants awarded for which applicants
certified they would be able to meet or exceed the
apprenticeship employment goal.
(e) Definitions.--In this section:
(1) Apprenticeship employment goal.--The term
``apprenticeship employment goal'' means the utilization of
qualified apprentices for not less than 15 percent of the total
labor hours used for construction activities for a project.
(2) Qualified apprentice.--The term ``qualified apprentice''
means an employee participating in an apprenticeship program
that--
(A) is registered with the Office of Apprenticeship
of the Employment Training Administration of the
Department of Labor or a State apprenticeship agency
recognized by such Office of Apprenticeship pursuant to
the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act'');
and
(B) satisfies the requirements of subpart A of part
29 and part 30 of title 29, Code of Federal
Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
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 ``resilience 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) Equitable and proportional representation.--
``(i) In general.--In designating officials
or representatives under paragraph (2), the
metropolitan planning organization shall ensure
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 one 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
(M); and
(D) by inserting after subparagraph (I) the
following:
``(J) support emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access;
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
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 (M); 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;
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households;
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(d); 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'';
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) in paragraph (1) by inserting ``or elimination''
after ``significant reduction'';
(B) by redesignating paragraph (7) as paragraph (8);
and
(C) 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;
``(B) carbon dioxide emissions using different
parameters than described in subparagraph (A) that the
Secretary determines to be appropriate; and
``(C) any other greenhouse gas emissions 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;
``(B) the level of transportation system access for
economically disadvantaged communities, including to
affordable housing; and
``(C) the extent to which transportation access is
impacted by zoning policies and land use planning
practices that effect the affordability, elasticity,
and diversity of the housing supply.
``(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; Title 23.--Section 134 of
title 23, United States Code, is further amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement'' in
the heading 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
anticipated effect of 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)
makes progress towards improving 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).''.
(c) Statewide and Nonmetropolitan Transportation Planning; Title
23.--Section 135(g)(4) of title 23, United States Code, is further
amended--
(1) by striking ``Performance Target Achievement'' in the
heading 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 the anticipated effect of
the STIP on the overall level of transportation system
access, consistent with section 150(f).''.
(d) Metropolitan Transportation Planning; Title 49.--Section 5303 of
title 49, United States Code, is amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement''
and inserting ``Performance management'';
(B) by striking ``The transportation improvement
plan'' 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
anticipated effect of the TIP would
improve the overall level of
transportation system access,
consistent with section 150(f) of title
23.'';
(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) of title 23, that is based on a
cooperatively developed and implemented
metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible
for funding under this chapter and title 23.'';
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)
makes progress towards improving the level of
transportation system access, consistent with
section 150(f) of title 23.''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of enactment
of the Federal Public Transportation Act of 2012'' 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) of title
23); and
``(E) the progress of implementing the measure
established under section 150(f) of title 23.''.
(e) Statewide and Nonmetropolitan Transportation Planning; Title
49.--Section 5304(g)(4) of title 49, United States Code, is 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'';
(4) by striking ``statewide transportation improvement
program'' and inserting ``STIP'' each place it appears; and
(5) by adding at the end the following:
``(B) a consideration of the anticipated effect of
the STIP on the overall level of transportation system
access, consistent with section 150(f) of title 23.''.
(f) Savings Clause.--
(1) Regressive targets.--The prohibition in the amendment
made by subsection (a)(3)(B) shall apply to States beginning on
the date that is 1 year before the subsequent State target and
reporting deadlines related to safety performance management
established pursuant to section 150 of title 23, United States
Code.
(2) Access planning requirements.--The requirements in the
amendments made by subsections (b), (c), (d), and (e) shall
apply beginning on the date on which the requirements for the
measure described in section 150(f) of title 23, United States
Code, take effect.
(g) 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.
(h) 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 section 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) the Bureau of Transportation Statistics;
(D) metropolitan planning organizations representing
transportation management areas (as those terms are
defined in section 134 of title 23, United States
Code);
(E) other metropolitan planning organizations or
local governments;
(F) providers of public transportation;
(G) nonprofit entities related to transportation,
including relevant safety groups;
(H) experts in the field of transportation access
data; and
(I) 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 section
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 section 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.
(i) 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 micromobility).
(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.
(j) 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, and make
recommendations for developing and utilizing transportation and
traffic demand models with a demonstrated record of accuracy.
(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), including an analysis of the level of
accuracy of forecasts and possible reasons for large
discrepancies; 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.
(4) Working with the private sector.--In carrying out this
section, the Secretary may, and is encouraged to, procure
additional data as necessary from university transportation
centers, private sector providers, and other entities as is
needed and may use funds authorized under section 503(b) of
title 23, United States Code, for carrying out this paragraph.
(5) Working with affected communities.--In carrying out this
section, the Secretary shall consult with, and collect data and
input from, representatives of--
(A) the Department of Transportation;
(B) State departments of transportation;
(C) metropolitan planning organizations;
(D) local governments;
(E) providers of public transportation;
(F) nonprofit entities related to transportation,
including safety, cycling, disability, and equity
groups; and
(G) any other stakeholders, as determined by the
Secretary.
(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.
(d) Update Guidance and Regulations.--The Secretary shall--
(1) update Department of Transportation guidance and
procedures to utilize best practices documented throughout the
Federal program; and
(2) ensure that best practices included in the report are
incorporated into appropriate regulations as such regulations
are updated.
(e) Continuing Improvement.--The Secretary shall set out a process to
repeat the study under this section every 2 years as part of the
conditions and performance report, including--
(1) progress in the accuracy of model projections;
(2) further recommendations for improvement; and
(3) further changes to guidance, regulation, and procedures
required for the Department of Transportation to adopt best
practices.
SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
Federal Regulations, to ensure that the outer years of a metropolitan
transportation plan are defined as ``beyond the first 4 years''.
Subtitle E--Federal Lands, Tribes, and Territories
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Annual Allocation.--For the Puerto Rico and territorial highway
program, there shall be made available--
``(1) $340,000,000 for the Puerto Rico highway program under
subsection (b) for each of fiscal years 2023 through 2026; and
``(2) for the territorial highway program under subsection
(c)--
``(A) $113,044,097 for fiscal year 2023;
``(B) $114,961,294 for fiscal year 2024;
``(C) $117,190,719 for fiscal year 2025; and
``(D) $119,237,332 for fiscal year 2026.'';
(2) in subsection (b)(2) by adding at the end the following:
``(D) Transferability.--Of the amounts described in
clauses (i) and (ii) of subparagraph (C) for the Puerto
Rico highway program, Puerto Rico may transfer not to
exceed 50 percent in a fiscal year of such amounts for
activities described in clause (iii) of such
subparagraph.''.
(3) in subsection (c)(6)(A)--
(A) by redesignating clauses (iv), (v), (vi), and
(vii) as clauses (v), (vi), (vii), and (viii),
respectively; and
(B) by inserting after clause (iii) the following:
``(iv) Ferry boats and terminal facilities
that are privately or majority privately owned,
in accordance with paragraphs (1), (2), (4),
(5), (6), and (7) of section 129(c), that
provide a substantial public benefit.''; and
(4) by adding at the end the following:
``(d) Participation of Territories in Discretionary Programs.--For
any program in which the Secretary may allocate funds out of the
Highway Trust Fund (other than the Mass Transit Account) to a State at
the discretion of the Secretary, the Secretary may allocate funds to
one or more territory for any project or activity that otherwise would
be eligible under such program if such project or activity was being
carried out in a State.''.
(b) Access and Development Roads.--Section 118(d) of title 23, United
States Code, is amended by striking ``and the Commonwealth of Puerto
Rico'' and inserting ``, the Commonwealth of Puerto Rico, and any other
territory of the United States''.
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 Program.--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.
(a) In General.--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 section 204, 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, section 203,
or section 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the
Bureau of Land Management.
``(ii) High-commuter corridor.--The term
`high-commuter corridor' means a Federal lands
transportation facility that has an average
annual daily traffic of not less than 20,000
vehicles.''.
(b) GAO Study Regarding NPS Maintenance.--
(1) Study.--The Comptroller General of the United States
shall study the National Park Service maintenance
prioritization of Federal lands transportation facilities.
(2) Contents.--At minimum, the study under paragraph (1)
shall examine--
(A) general administrative maintenance of the
National Park Service;
(B) how the National Park Service currently
prioritizes maintenance of Federal facilities covered
under the Federal Lands Transportation Program;
(C) what kind of maintenance the National Parkway
Service is performing;
(D) to what degree does the National Park Service
prioritize high-commuter corridors; and
(E) how the National Park Service can better service
the needs of high commuter corridors.
(3) 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 Environment and Public
Works of the Senate a report summarizing the study and the
results of such study, including recommendations for addressing
the maintenance needs and prioritization of high-commuter
corridors.
(4) Definition of high-commuter corridor.--In this section,
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 agency or Indian Tribe.
``(c) Eligible Projects.--An eligible project under the program shall
be 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 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;
``(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;
and
``(F) ensure that Department programs have in place,
implement, and enforce requirements and obligations for
regular and meaningful consultation and collaboration
with Tribes and Tribal officials under Executive Order
No. 13175 and to serve as the primary advisor to the
Secretary and other Department components regarding
violations of those requirements.''.
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.
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.
Not later than January 31 of each year, 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--
(1) identifies the number of Indian Tribes that were direct
recipients of funds under any discretionary Federal highway,
transit, or highway safety program in the prior fiscal year;
(2) lists the total amount of such funds made available
directly to such Tribes;
(3) identifies the number and location of Indian Tribes that
were indirect recipients of funds under any formula-based
Federal highway, transit, or highway safety program in the
prior fiscal year; and
(4) lists the total amount of such funds made available
indirectly to such tribes through states or other direct
recipients of Federal highway, transit or highway safety
funding.
SEC. 1510. GAO STUDY.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the deferred maintenance of United States forest
roads, including--
(1) the current backlog;
(2) the current actions on such maintenance and backlog;
(3) the impacts of public safety due to such deferred
maintenance; and
(4) recommendations for Congress on ways to address such
backlog.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the 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 study conducted under
subsection (a).
SEC. 1511. FEDERAL LANDS ACCESS PROGRAM.
Section 204(a) of title 23, United States Code, is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by inserting
``context-sensitive solutions,'' after
``restoration,'';
(B) in clause (i), by inserting ``, including
interpretive panels in or adjacent to those areas''
after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual
blight, including screening or removal; and'';
and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that the
entity carrying out the activity considers--
``(A) the use of locally adapted native plant
materials; and
``(B) designs that minimize runoff and heat
generation.''.
Subtitle F--Additional Provisions
SEC. 1601. VISION ZERO.
(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--
(1) to carry out vision zero planning under this section or a
vulnerable road user safety assessment; and
(2) to implement an existing vision zero plan.
(c) Contents of Plan.--A vision zero plan under this section shall
include--
(1) a description of programs, strategies, or policies
intended to significantly reduce or eliminate transportation-
related fatalities and serious injuries within a specified
timeframe, not to exceed 20 years, that is consistent with a
State strategic highway safety plan and uses existing
transportation data and consideration of risk factors;
(2) plans for implementation of, education of the public
about, and enforcement of such programs, strategies, or
policies;
(3) a description of how such programs, strategies, or
policies, and the enforcement of such programs, strategies, 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
development and 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.
(g) Guidance on Safe System Approach.--The Secretary of
Transportation shall develop guidance on the consideration of a safe
system approach in project planning, scoping, and design to facilitate
the implementation of vision zero plans under this section and
vulnerable road user assessments under section 148 of title 23, United
States Code.
(h) Definitions.--In this section, the terms ``safe system approach''
and ``vulnerable road user safety assessment'' have the meanings given
such terms in section 148 of title 23, United States Code.
SEC. 1602. SPEED LIMITS.
(a) Speed Limits.--The Secretary of Transportation shall revise the
Manual on Uniform Traffic Control Devices to provide for a safe system
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. DIG ONCE FOR BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) 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 facilitate the installation and
operation of broadband infrastructure within the State.
(2) 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).
(3) Broadband conduit.--The term ``broadband conduit'' means
a conduit or innerduct for fiber optic cables (or successor
technology of greater quality and speed) that supports the
provision of broadband.
(4) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried or underground facility and
any wireless or wireline connection that enables the provision
of broadband.
(5) Broadband provider.--The term ``broadband provider''
means an entity that provides broadband to any person,
including, with respect to such entity--
(A) a corporation, company, association, firm,
partnership, nonprofit organization, or any other
private entity;
(B) a State or local broadband provider;
(C) an Indian Tribe; and
(D) a partnership between any of the entities
described in subparagraphs (A), (B), and (C).
(6) Covered highway construction project.--
(A) In general.--The term ``covered highway
construction project'' means, without regard to
ownership of a highway, a project funded under title
23, United States Code, and administered by a State
department of transportation to construct a new highway
or an additional lane for an existing highway, to
reconstruct an existing highway, or new construction,
including construction of a paved shoulder.
(B) Exclusions.--The term ``covered highway
construction project'' excludes any project--
(i) awarded before the date on which
regulations required under subsection (b) take
effect;
(ii) that does not include work beyond the
edge of pavement or current paved shoulder;
(iii) that is less than a mile in length; or
(iv) that is--
(I) a project primarily for
resurfacing, restoration,
rehabilitation, or maintenance;
(II) a bicycle, pedestrian,
transportation alternatives, sidewalk,
recreational trails, or safe routes to
school project;
(III) an operational improvement (as
such term is defined in section 101 of
title 23, United States Code);
(IV) a project primarily to install
signage; or
(V) a culvert project.
(7) Dig once requirement.--The term ``dig once requirement''
means a requirement designed to reduce the cost and accelerate
the deployment of broadband by minimizing the number and scale
of repeated excavations for the installation and maintenance of
broadband conduit or broadband infrastructure in rights-of-way.
(8) Indian tribe.--The term ``Indian Tribe'' has the meaning
given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(10) Project.--The term ``project'' has the meaning given
such term in section 101 of title 23, United States Code.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) State.--The term ``State'' has the meaning given such
term in section 401 of title 23, United States Code.
(13) State or local broadband provider.--The term ``State or
local broadband provider'' means a State or political
subdivision thereof, or any agency, authority, or
instrumentality of a State or political subdivision thereof,
that provides broadband to any person or facilitates the
provision of broadband to any person in such State.
(b) Dig Once Requirement.--Not later than 12 months after the date of
enactment of this Act, to facilitate the installation of broadband
infrastructure, the Secretary shall issue such regulations as may be
necessary to ensure that each State that receives funds under chapter 1
of title 23, United States Code, complies with the following
provisions:
(1) Broadband planning and notice.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) review existing State broadband plans, including
existing dig once requirements of the State, municipal
governments incorporated under State law, and Indian
tribes within the State, to determine opportunities to
coordinate covered highway construction projects
occurring within or across highway rights-of-way with
planned broadband infrastructure projects;
(B) identify a broadband 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;
and
(C) establish a process--
(i) for the registration of broadband
providers that seek to be included in the
advance notification of, and opportunity to
participate in, broadband infrastructure right-
of-way facilitation efforts within the State;
and
(ii) to electronically notify all broadband
providers registered under clause (i)--
(I) of the State transportation
improvement program on at least an
annual basis; and
(II) of covered highway construction
projects within the highway right-of-
way for which Federal funding is
expected to be obligated in the
subsequent fiscal year.
(2) Coordination and compliance.--
(A) Mobile now act.--A State department of
transportation shall be considered to meet the
requirements of subparagraphs (B) and (C) of paragraph
(1) if such State department of transportation has been
determined to be in compliance with the requirements
established under section 607 of division P of the
Consolidated Appropriations Act, 2018 (47 U.S.C. 1504).
(B) Website.--A State department of transportation
shall be considered to meet the requirements of
paragraph (1)(C) if the State publishes on a public
website--
(i) the State transportation improvement
program on at least an annual basis; and
(ii) covered highway construction projects
within the highway right-of-way for which
Federal funding is expected to be obligated in
the subsequent fiscal year.
(C) Coordination.--The State department of
transportation, in consultation with appropriate State
agencies, shall by rule or regulation establish a
process for a broadband provider to commit to
installing broadband conduit or broadband
infrastructure as part of any covered highway
construction project.
(D) Appropriate state agency.--In lieu of the State
department of transportation, at the discretion of the
State, an appropriate State agency, in consultation
with the State department of transportation, may carry
out the requirements of paragraph (1).
(3) Required installation of broadband conduit.--
(A) In general.--The State department of
transportation shall install broadband conduit, in
accordance with this paragraph (except as described in
subparagraph (F)), as part of any covered highway
construction project, unless a broadband provider has
committed to install broadband conduit or broadband
infrastructure as part of such project in a process
described under paragraph (2)(C).
(B) Installation requirements.--In installing
broadband conduit or broadband infrastructure as part
of a covered highway construction project, the State
department of transportation shall ensure that--
(i) installation pursuant to this paragraph
of broadband conduit, broadband infrastructure,
and means or points of access to such conduit
or infrastructure (such as poles, hand holes,
manholes, pull tape, or ducts) shall provide
for the current and future safe operation of
the traveled way, is consistent with part 645
of title 23, Code of Federal Regulations, and
any accommodation policies of the State under
such part to reasonably enable deployment of
such conduit, infrastructure, and means or
points of access, and any Damage Prevention and
Underground Facilities Protection or related
requirements of the State;
(ii) an appropriate number of broadband
conduits, as determined in consultation with
the appropriate State agencies, are installed
along the right-of-way of a covered highway
construction project to accommodate multiple
broadband providers, with consideration given
to the availability of existing broadband
conduits;
(iii) the size of each broadband conduit is
consistent with industry best practices,
consistent with the requirements of part 645 of
title 23, Code of Federal Regulations, and
sufficient to accommodate anticipated demand,
as determined in consultation with the
appropriate State agencies;
(iv) any hand holes and manholes necessary
for fiber access and pulling with respect to
such conduit are placed at intervals consistent
with standards determined in consultation with
the appropriate State agencies (which may
differ by type of road, topologies, and
rurality) the requirements of part 645 of title
23, Code of Federal Regulations, and other
applicable safety requirements;
(v) each broadband conduit installed pursuant
to this paragraph includes a pull tape and is
capable of supporting fiber optic cable
placement techniques consistent with best
practices and the requirements of part 645 of
title 23, Code of Federal Regulations;
(vi) broadband conduit is placed at a depth
consistent with requirements of the covered
highway construction project and best practices
and that, in determining the depth of
placement, consideration is given to the
location of existing utilities and cable
separation requirements of State and local
electrical codes; and
(vii) installation of broadband conduit shall
not preclude the installation of other specific
socially, environmentally, or economically
beneficial uses of the right-of-way, such as
planned energy transmission or renewable energy
generation projects.
(C) Programmatic review.--The State department of
transportation may make determinations on the
implementation of the requirements described in
subparagraph (B) on a programmatic basis.
(D) Access.--
(i) In general.--The State department of
transportation shall ensure that any requesting
broadband provider has access to each broadband
conduit installed by the State pursuant to this
paragraph, on a competitively neutral and
nondiscriminatory basis and in accordance with
State permitting, licensing, leasing, or other
similar laws and regulations.
(ii) Socially beneficial use.--The
installation of broadband conduit as part of a
covered highway construction project shall be
considered a socially-beneficial use of the
right-of-way under section 156(b) of title 23,
United States Code.
(iii) In-kind compensation.--The State
department of transportation may negotiate in-
kind compensation with any broadband provider
requesting access to broadband conduit
installed under the provisions of this
paragraph.
(iv) Safety considerations.--The State
department of transportation shall provide for
a process for a broadband provider to safely
access to the highway right-of-way during
installation and on-going maintenance of the
broadband conduit and broadband infrastructure,
including a traffic control safety plan.
(v) Communication.--A broadband provider with
access to the conduit installed pursuant to
this subsection shall notify, and receive
permission from, the relevant agencies of State
responsible for the installation of such
broadband conduit prior to accessing any
highway or highway right-of-way, in accordance
with applicable Federal requirements.
(E) Treatment of projects.--Notwithstanding any other
provision of law, broadband conduit and broadband
infrastructure installation projects installed by a
State under this paragraph shall comply with section
113(a) of title 23, United States Code.
(F) Waiver authority.--
(i) In general.--A State department of
transportation may waive the required
installation of broadband conduit for part or
all of any covered highway construction project
under this paragraph if, in the determination
of the State department of transportation--
(I) broadband infrastructure,
terrestrial broadband infrastructure,
aerial broadband fiber cables, or
broadband conduit is present near a
majority of the length of the covered
highway construction project;
(II) installation of terrestrial or
aerial broadband fiber cables
associated with the covered highway
construction project is more
appropriate for the context or a more
cost-effective means to facilitate
broadband service to an area not
adequately served by broadband and such
installation is present or planned;
(III) the installation of broadband
conduit increases overall costs of a
covered highway construction project by
1.5 percent or greater;
(IV) the installation of broadband
conduit associated with the covered
highway construction project is not
reasonably expected to be utilized or
connected to future broadband
infrastructure in the 20 years
following the date on which such
determination is made, as determined by
the State department of transportation,
in consultation with appropriate State
agencies and potentially affected local
governments and Indian tribes;
(V) the requirements of this
paragraph would require installation of
conduit redundant with a dig once
requirement of a local government or
Indian tribe;
(VI) there exists a circumstance
involving force majeure; or
(VII) the installation of conduit is
not appropriate based on other relevant
factors established by the Secretary in
consultation with the NTIA
Administrator through regulation.
(ii) Contents of waiver.--A waiver authorized
under this subparagraph shall--
(I) identify the covered highway
construction project; and
(II) include a brief description of
the determination of the State for
issuing such waiver.
(iii) Availability of waiver.--Notification
of a waiver authorized under this subparagraph
shall be made publicly available, such as on a
public website of the State department of
transportation described in paragraph (2)(B).
(iv) Waiver determination.--
(I) In general.--The State department
of transportation shall be responsible
for the waiver determination described
under this paragraph, consistent with
the regulation issued pursuant to this
subsection, and may grant a
programmatic waiver for categories of
projects excluded under this
subparagraph.
(II) No private cause of action.--The
waiver determination described under
this paragraph shall be final and
conclusive. Nothing in this section
shall provide a private right or cause
of action to challenge such
determination in any court of law.
(4) Priority.--If a State provides for the installation of
broadband infrastructure or broadband conduit in the right-of-
way of a covered highway construction project, the State
department of transportation, along with appropriate State
agencies, shall carry out appropriate measures to ensure that
an existing broadband provider is afforded access that is non-
discriminatory, competitively neutral, and equal in
opportunity, as compared to other broadband providers, with
respect to the program under this subsection.
(c) Guidance for the Installation of Broadband Conduit.--The
Secretary, in consultation with the NTIA Administrator, shall issue
guidance for best practices related to the installation of broadband
conduit as described in subsection (b)(2) and of conduit and similar
infrastructure for intelligent transportation systems (as such term is
defined in section 501 of title 23, United States Code) that may
utilize broadband conduit installed pursuant to subsection (b)(2).
(d) Consultation.--
(1) In general.--In issuing regulations required by this
subsection or to implement any part of this section, the
Secretary shall consult--
(A) the NTIA Administrator;
(B) the Federal Communications Commission;
(C) State departments of transportation;
(D) appropriate State agencies;
(E) agencies of local governments responsible for
transportation and rights-of-way, utilities, and
telecommunications and broadband;
(F) Indian tribes;
(G) broadband providers; and
(H) manufacturers of optical fiber, conduit, pull
tape, and related items.
(2) Broadband users.--The Secretary shall ensure that the
entities consulted under subparagraphs (C) through (F) of
paragraph (1) include entities that have expertise with rural
areas and populations with limited access to broadband
infrastructure.
(3) Broadband providers.--The Secretary shall ensure that the
entities consulted under subparagraph (G) of paragraph (1)
include entities that provide broadband to rural areas and
populations with limited access to broadband infrastructure.
(4) Consulting small municipalities.--The Secretary shall
ensure that the agencies of local governments consulted under
subparagraph (E) of paragraph (1) include rural areas,
specifically agencies of local governments with populations
less than 50,000.
(e) Oversight.--
(1) In general.--The Secretary shall periodically review
compliance with the regulations issued pursuant to this section
and ensure that State waiver determinations are consistent with
such regulations.
(2) Efficient review.--The review described under paragraph
(1) may be carried out through the risk-based stewardship and
oversight program described under section 106(g) of title 23,
United States Code.
(3) Effect of subsection.--Nothing in this subsection shall
affect or discharge any oversight responsibility of the
Secretary specifically provided for under title 23, United
States Code, or any other Federal law.
(f) Additional Provisions.--
(1) Applicability.--
(A) In general.--The portion of the regulation issued
pursuant to subsection (b) relating to the provisions
under paragraph (3) of such subsection shall not take
effect until a source of dedicated funding for the
installation and long term maintenance of broadband
conduit described in subsection (g)(2) is established.
(B) Applicability date.--Paragraphs (2) through (4)
of subsection (b) and subsection (d) shall apply only
to covered highway construction projects for which
Federal obligations or expenditures are initially
approved on or after the date on which regulations
required under this subsection take effect.
(2) Rules of construction.--
(A) State law.--Nothing in this subsection shall be
construed to require a State to install or allow the
installation of broadband conduit or broadband
infrastructure--
(i) that is otherwise inconsistent with what
is allowable under State law; or
(ii) where the State lacks the authority for
such installation, such as any property right
or easement necessary for such installation.
(B) No requirement for installation of mobile
services equipment.--Nothing in this section shall be
construed to require a State, a municipal government
incorporated under State law, or an Indian Tribe to
install or allow for the installation of equipment
essential for the provision of commercial mobile
services (as defined in section 332(d) of the
Communications Act of 1934 (47 U.S.C. 332(d))) or
commercial mobile data service (as defined in section
6001 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401)), other than broadband
conduit and associated equipment described in paragraph
(3)(B).
(3) Relation to state dig once requirements.--Nothing in
subsections (b), (c), (d), or (e) or any regulations issued
pursuant to subsection (b) shall be construed to alter or
supersede any provision of a State law or regulation that
provides for a dig once requirement that includes similar or
more stringent requirements to the provisions of subsections
(b), (c), (d), or (e) and any regulations promulgated under
subsection (b).
(g) Dig Once Funding Task Force.--
(1) Establishment.--The Secretary and the NTIA Administrator
shall jointly establish an independent task force on funding
the nationwide dig once requirement described in this section
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 implementing,
administering, and maintaining a nationwide dig once
requirement;
(B) propose and evaluate options for funding a
nationwide dig once requirement described in this
section that includes--
(i) a discussion of the role and potential
share of costs of--
(I) the Federal Government;
(II) State and local governments and
Indian tribes; and
(III) broadband providers installing
broadband conduit or broadband
infrastructure under this section;
(ii) consideration of the role of existing
dig once requirements on States, local
governments, and Indian tribes and the role of
private broadband investment, with a goal to
not discourage or disincentivize such dig once
requirements or such investment; and
(iii) evaluating the appropriate entity or
entities responsible for maintaining the
broadband infrastructure and conduit installed
pursuant to a dig once requirement; and
(C) propose a cost-based model fee schedule for a
State to charge a broadband provider to access and use
conduit installed by such State pursuant to this
section that--
(i) shall consider costs (including
administrative costs) associated with
installation and long-term maintenance of the
broadband conduit installed pursuant to this
section;
(ii) may vary by topography, location, type
of road, rurality, and other factors; and
(iii) may consider financial and market
incentives for expanding broadband
infrastructure.
(3) Reports.--
(A) Interim report and briefing.--Not later than 9
months after the appointment of Members to the Task
Force under paragraph (4)(D), the Task Force shall--
(i) submit to Congress an interim report on
the findings of the Task Force; and
(ii) provide briefings for Congress on the
findings of the Task Force.
(B) Final report.--Not later than 3 months after the
submission of the interim report under subparagraph
(A), the Task Force shall submit to Congress a final
report on the findings of the Task Force.
(4) Members.--
(A) Appointments.--The Task Force shall consist of 14
members, comprising--
(i) 2 co-chairs described in subparagraph
(B);
(ii) 6 members jointly appointed by the
Speaker and minority leader of the House of
Representatives, in consultation with the
respective Chairs and Ranking Members of--
(I) the Committee on Transportation
and Infrastructure of the House of
Representatives;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on Appropriations
of the House of Representatives; and
(iii) 6 members jointly appointed by the
majority leader and minority leader of the
Senate, in consultation with the respective
Chairs and Ranking Members of the--
(I) the Committee on Environment and
Public Works of the Senate;
(II) the Committee on Commerce,
Science, and Transportation of the
Senate; and
(III) the Committee on Appropriations
of the Senate.
(B) Co-chairs.--The Task Force shall be co-chaired by
the Secretary and the NTIA Administrator, or the
designees of the Secretary and NTIA Administrator.
(C) Composition.--The Task Force shall include at
least--
(i) 1 representative from a State department
of transportation;
(ii) 1 representative from a local
government;
(iii) 1 representative from an Indian tribe;
(iv) 1 representative from a broadband
provider;
(v) 1 representative from a State or local
broadband provider;
(vi) 1 representative from a labor union; and
(vii) 1 representative from a public interest
organization.
(D) Appointment deadline.--Members shall be appointed
to the Task Force not later than 60 days after the date
of enactment of this Act.
(E) Terms.--Members shall be appointed for the life
of the Task Force. A vacancy in the Task Force shall
not affect the powers of the Task Force and the vacancy
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 governments responsible for
transportation and rights-of-way, utilities, and
telecommunications and broadband;
(D) Indian tribes;
(E) broadband providers and other telecommunications
providers;
(F) labor unions; and
(G) State or local broadband providers and Indian
tribes that act as broadband providers.
(6) Additional provisions.--
(A) Expenses for non-federal members.--Non-Federal
members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees under subchapter I of
chapter 57 of title 5, United States Code, while away
from the homes or regular places of business of such
members in the performance of services for the Task
Force.
(B) Staff.--Staff of the Task Force shall comprise
detailees with relevant expertise from the Department
of Transportation and the National Telecommunications
and Information Administration, or another Federal
agency that the co-chairpersons consider appropriate,
with the consent of the head of the Federal agency, and
such detailees shall retain the rights, status, and
privileges of the regular employment of such detailees
without interruption.
(C) Administrative assistance.--The Secretary and
NTIA Administrator shall provide to the Task Force on a
reimbursable basis administrative support and other
services for the performance of the functions of the
Task Force.
(7) Termination.--The Task Force shall terminate not later
than 90 days after submission of the final report required
under paragraph (3)(B).
SEC. 1604. 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 Secretary of Agriculture;
(iii) the Administrator;
(iv) the Secretary of the Army, acting
through the Chief of Engineers; and
(v) 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 Administrator 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. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Architectural and Transportation Barriers Compliance
Board under the authority of section 502(b)(3) of the Rehabilitation
Act of 1973 (29 U.S.C. 792(b)(3)), shall publish final accessibility
guidelines setting forth minimum standards for pedestrian facilities in
the public right-of-way, including shared use paths.
(b) 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. 1606. HIGHWAY FORMULA MODERNIZATION REPORT.
(a) Highway Formula Modernization Study.--
(1) In general.--The Secretary of Transportation, in
consultation with the State departments of transportation 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 subsections (b) and
(c) of section 104 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) Inclusion of the Commonwealth of Puerto Rico in
the apportionment under subsections (b) and (c) of
section 104 of such title, including an estimate of the
anticipated contributions to the Highway Trust Fund
from the citizens of Puerto Rico if Puerto Rico was
subject to applicable highway user fees.
(F) A needs-based assessment of the share of Federal-
aid highway funds that should be made available to the
territories described under section 165(c) of such
title.
(G) Any other factors that the Secretary determines
are appropriate.
(4) Recommendations.--The Secretary shall, in consultation
with the State departments of transportation 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 of the Environmental Protection
Agency shall provide to the Secretary an analysis of--
(A) factors that contribute to the apportionment,
including population, types of pollutants, and severity
of pollutants, as such factors were determined on the
date prior to the date of enactment of MAP-21;
(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
modernization study.
SEC. 1607. 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 2023 through 2026''; 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. 1608. 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. 1609. 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 one 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. 1610. 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 Tribe or Tribal organization, 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 program 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(b) may be available to carry out this subsection upon
request of the State transportation department to the
Secretary.''.
SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.
(a) In General.--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.
(b) Limitation.--The authority in subsection (a) may only be used by
an Appalachian development highway system State if all of the
Appalachian development highway system corridors authorized by subtitle
IV of title 40, United States Code, in such State, have been fully
completed and are open to traffic prior to the State making a request
to the Secretary as described in subsection (a).
SEC. 1612. 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. 1613. 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
one 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) Labor organizations.
(H) Metropolitan planning organizations and regional
planning organizations.
(I) Indian Tribes.
(J) Professional surveying, mapping, and geospatial
organizations.
(K) 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 and local transportation planning agencies;
(3) Indian Tribes;
(4) other relevant State, Tribal, and local agencies,
including State agencies associated with covered resources
protection;
(5) members of the public with industry experience with
respect to covered resources;
(6) other Federal entities that provide funding for
transportation projects; and
(7) 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.
SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.
(a) In General.--Notwithstanding section 315 of title 23, United
States Code, and section 1.36 of title 23, Code of Federal Regulations,
the Secretary of Transportation may not impose a penalty on a State
that does not comply with section 2E.31 of the Manual on Uniform
Traffic Control Devices (or a successor section) with respect to the
numbering of highway interchanges.
(b) Applicability.--Subsection (a) shall only apply to a method of
numbering of a highway interchange in effect on the date of enactment
of this Act.
SEC. 1615. TOLL CREDITS.
(a) Purposes.--The Secretary of Transportation shall--
(1) identify the extent of the demand to purchase toll
credits;
(2) identify the expected cash price of toll credits;
(3) analyze the impact of the exchange of toll credits on
transportation expenditures; and
(4) identify any other repercussions of establishing a toll
credit exchange.
(b) Solicitation.--To carry out the requirements of this section, the
Secretary shall solicit information from States eligible to use a
credit under section 120(i) of title 23, United States Code,
including--
(1) the amount of unused toll credits, including--
(A) toll revenue generated and the sources of that
revenue;
(B) toll revenue used by public, quasi-public, and
private agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the public
purpose of interstate commerce; and
(C) an accounting of any Federal funds used by the
public, quasi-public, or private agency to build,
improve, or maintain the toll facility, to validate
that the credit has been reduced by a percentage equal
to the percentage of the total cost of building,
improving, or maintaining the facility that was derived
from Federal funds;
(2) the documentation of maintenance of effort for toll
credits earned by the State; and
(3) the accuracy of the accounting system of the State to
earn and track toll credits.
(c) Website.--The Secretary shall make available a publicly
accessible website on which a State eligible to use a credit under
section 120(i) of title 23, United States Code shall publish the
information described under subsection (b)(1).
(d) Evaluation and Recommendations to Congress.--Not later than 2
years after the date of enactment of this Act, the Secretary shall
provide to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available on the website of the
Department of Transportation--
(1) an evaluation of the accuracy of the accounting and
documentation of toll credits earned under section 120(i);
(2) a determination whether a toll credit marketplace is
viable and cost effective;
(3) estimates, to the extent possible, of the average sale
price of toll credits; and
(4) recommendations on any modifications necessary, including
legislative changes, to establish and implement a toll credit
exchange program.
(e) Definition.--In this section, the term ``State'' has the meaning
given the term in section 101(a) of title 23, United States Code.
SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall initiate a
review of the procurement processes used by State departments of
transportation to select construction materials on projects utilizing
Federal-aid highway funds.
(b) Contents.--The review under subsection (a) shall include--
(1) a review of competitive practices in the bidding process
for transportation construction materials;
(2) a list of States that currently issue bids that include
flexibility in the type of construction materials used to meet
the project specifications;
(3) any information provided by States on considerations that
influence the decision to include competition by type of
material in transportation construction projects;
(4) any data on whether issuing bids that include flexibility
in the type of construction materials used to meet the project
specifications will affect project costs over the lifecycle of
an asset;
(5) any data on the degree to which competition leads to
greater use of sustainable, innovative, or resilient materials;
and
(6) an evaluation of any barriers to more widespread use of
competitive bidding processes for transportation construction
materials.
(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
Environment and Public Works of the Senate, and make publicly
available, a report on the review initiated by the Secretary pursuant
to this section.
SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall, every 2
years, conduct nationwide, on-the-ground road safety assessments
focused on pedestrian and bicycle safety in each State.
(b) Requirements.--The assessments required under subsection (a)
shall be conducted--
(1) by Department of Transportation field offices from the
Federal Highway Administration, the National Highway
Transportation Safety Administration, the Federal Transit
Administration, and the Federal Motor Carrier Safety
Administration; and
(2) in consultation with--
(A) State and local agencies with jurisdiction over
pedestrian and bicycle safety;
(B) pedestrian safety and bicycle safety advocacy
organizations; and
(C) other relevant pedestrian and bicycle safety
stakeholders.
(c) Purposes.--The purpose of the assessments under this section is
to--
(1) identify and examine specific locations with documented
or perceived problems with pedestrian and bicycle safety and
access;
(2) examine barriers to providing safe pedestrian and bicycle
access to transportation infrastructure; and
(3) develop and issue recommendations designed to effectively
address specific safety and access issues and enhance
pedestrian and bicycle safety in high risk areas.
(d) Report on State Assessments.--Upon completion of the assessment
of a State, the Secretary shall issue, and make available to the
public, a report containing the assessment that includes--
(1) a list of locations that have been assessed as presenting
a danger to pedestrians or bicyclists; and
(2) recommendations to enhance pedestrian and bicycle safety
in those locations.
(e) Report on Nationwide Program.--Upon completion of the biannual
assessment nationwide required under this section, the Secretary shall
issue, and make available to the public, that covers assessments for
all jurisdictions and also present it to the congressional
transportation committees.
(f) National Pedestrian and Bicycle Safety Database.--The Secretary,
in order to enhance pedestrian and bicycle safety and improve
information sharing on pedestrian and bicycle safety challenges between
the Federal Government and State and local governments, shall maintain
a national pedestrian and bicycle safety database that includes--
(1) a list of high-risk intersections, roads, and highways
with a documented history of pedestrian or bicycle accidents or
fatalities and details regarding those incidents; and
(2) information on corrective measures that have been
implemented at the State, local, or Federal level to enhance
pedestrian and bicyclist safety at those high risk areas,
including details on the nature and date of corrective action.
(g) State Defined.--In this section, the term ``State'' means each of
the States, the District of Columbia, and Puerto Rico.
SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.
(a) Climate Resilient Transportation Infrastructure Study.--Not later
than 180 days after the date of enactment of this Act, the Secretary of
Transportation shall seek to enter into an agreement with the
Transportation Research Board of the National Academies to conduct a
study of the actions needed to ensure that Federal agencies are taking
into account current and future climate conditions in planning,
designing, building, operating, maintaining, investing in, and
upgrading any federally funded transportation infrastructure
investments.
(b) Methodologies.--In conducting the study, the Transportation
Research Board shall build on the methodologies examined and
recommended in--
(1) the 2018 report issued the American Society of Civil
Engineers, titled ``Climate-Resilient Infrastructure: Adaptive
Design and Risk Management''; and
(2) the report issued by the California Climate-Safe
Infrastructure Working Group, titled ``Paying it Forward: The
Path Toward Climate-Safe Infrastructure in California''.
(c) Contents of Study.--The study shall include specific
recommendations regarding the following:
(1) Integrating scientific knowledge of projected climate
change impacts, and other relevant data and information, into
Federal infrastructure planning, design, engineering,
construction, operation and maintenance.
(2) Addressing critical information gaps and challenges.
(3) Financing options to help fund climate-resilient
infrastructure.
(4) A platform or process to facilitate communication between
climate scientists and other experts with infrastructure
planners, engineers and other relevant experts.
(5) A stakeholder process to engage with representatives of
State, local, tribal and community groups.
(6) A platform for tracking Federal funding of climate-
resilient infrastructure.
(7) Labor and workforce needs to implement climate-resilient
transportation infrastructure projects including new and
emerging skills, training programs, competencies and recognized
postsecondary credentials that may be required to adequately
equip the workforce.
(8) Outlining how Federal infrastructure planning, design,
engineering, construction, operation, and maintenance impact
the environment and public health of disproportionately exposed
communities. For purposes of this paragraph, the term
``disproportionately exposed communities'' means a community in
which climate change, pollution, or environmental destruction
have exacerbated systemic racial, regional, social,
environmental, and economic injustices by disproportionately
affecting indigenous peoples, communities of color, migrant
communities, deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the elderly,
people experiencing homelessness, people with disabilities,
people who are incarcerated, or youth.
(d) Considerations.--In carrying out the study, the Transportation
Research Board shall determine the need for information related to
climate resilient transportation infrastructure by considering--
(1) the current informational and institutional barriers to
integrating projected infrastructure risks posed by climate
change into federal infrastructure planning, design,
engineering, construction, operation and maintenance;
(2) the critical information needed by engineers, planners
and those charged with infrastructure upgrades and maintenance
to better incorporate climate change risks and impacts over the
lifetime of projects;
(3) how to select an appropriate, adaptive engineering design
for a range of future climate scenarios as related to
infrastructure planning and investment;
(4) how to incentivize and incorporate systems thinking into
engineering design to maximize the benefits of multiple natural
functions and emissions reduction, as well as regional
planning;
(5) how to take account of the risks of cascading
infrastructure failures and develop more holistic approaches to
evaluating and mitigating climate risks;
(6) how to ensure that investments in infrastructure
resilience benefit all communities, including communities of
color, low-income communities and Indian Tribes that face a
disproportionate risk from climate change and in many cases
have experienced long-standing unmet needs and underinvestment
in critical infrastructure;
(7) how to incorporate capital assessment and planning
training and techniques, including a range of financing options
to help local and State governments plan for and provide
matching funds;
(8) how federal agencies can track and monitor federally
funded resilient infrastructure in a coordinated fashion to
help build the understanding of the cost-benefit of resilient
infrastructure and to build the capacity for implementing
resilient infrastructure; and
(9) the occupations, skillsets, training programs,
competencies and recognized postsecondary credentials that will
be needed to implement such climate-resilient transportation
infrastructure projects, and how to ensure that any new jobs
created by such projects ensure that priority hiring
considerations are given to individuals facing barriers to
employment, communities of color, low-income communities and
Indian Tribes that face a disproportionate risk from climate
change and have been excluded from job opportunities.
(e) Consultation.--In carrying out the study, the Transportation
Research Board--
(1) shall convene and consult with a panel of national
experts, including operators and users of Federal
transportation infrastructure and private sector stakeholders;
and
(2) is encouraged to consult with--
(A) representatives from the thirteen federal
agencies that comprise the United States Global Change
Research Program;
(B) representatives from the Department of the
Treasury;
(C) professional engineers with relevant expertise in
infrastructure design;
(D) scientists from the National Academies with
relevant expertise;
(E) scientists, social scientists and experts from
academic and research institutions who have expertise
in climate change projections and impacts; engineering;
architecture; or other relevant areas of expertise;
(F) licensed architects with relevant experience in
infrastructure design;
(G) certified planners;
(H) representatives of State and local governments
and Indian Tribes;
(I) representatives of environmental justice groups;
and
(J) representatives of labor unions that represent
key trades and industries involved in infrastructure
projects.
(f) Report.--Not later than 3 years after the date of enactment of
this Act, the Transportation Research Board shall submit to the
Secretary, 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 the results of the study conducted
under this section.
SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.
Subsection (s) of section 127 of title 23, United States Code is
amended to read as follows:
``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A
vehicle, if operated by an engine fueled primarily by natural gas,
powered primarily by means of electric battery power, or fueled
primarily by means of other zero emission fuel technologies, may exceed
the weight limit on the power unit by up to 2,000 pounds (up to a
maximum gross vehicle weight of 82,000 pounds) under this section.''.
SEC. 1620. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, and consistent with
guidance issued by the Federal Emergency Management Agency
pursuant to section 1209 of the Disaster Recovery Reform Act of
2018 (Public Law 115-254), shall revise existing guidance or
issue new guidance as appropriate for State and local
governments and Indian Tribes regarding the design,
construction, maintenance, retrofit, and repair of evacuation
routes.
(2) Considerations.--In revising or issuing guidance under
subsection (a)(1), the Administrator of the Federal Highway
Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand the effects of hydrostatic and
hydrodynamic forces on viability, including
recommendations regarding appropriate drainage
structures or other flood prevention mechanisms
to manage stormwater, runoff, and the effect of
storm surge;
(ii) withstand the risks that flammability
poses to viability;
(iii) improve durability, strength (including
the ability to withstand tensile stresses and
compressive stresses), and sustainability; and
(iv) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator of the Federal
Highway Administration considers appropriate.
(3) Report.--In the case in which the Administrator of the
Federal Highway Administration, in consultation with the
Administrator of the Federal Emergency Management Agency,
concludes existing guidance addresses the considerations in
paragraph (2), The Administrator of the Federal Highway
Administration shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
detailed report describing how existing guidance addresses such
considerations.
(b) Study.--
(1) In general.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, shall study the
vulnerability of evacuation routes that are part of the
national highway system to the risks of extreme weather,
including flooding and storm surge.
(2) Contents.--In conducting the study under paragraph (1),
the Administrator shall examine--
(A) the likelihood of Federal evacuation routes
flooding during a 100-year, 500-year, and 1000-year
weather event;
(B) whether Federal evacuation routes that have
historically flooded have recovered quickly from
extreme weather events;
(C) the availability of alternative evacuation routes
to accommodate the flow of evacuees in the event of an
evacuation route becoming impassable due to flooding;
and
(D) the impact of impassable evacuation routes on
vulnerable individuals, with consideration of the
return of evacuees after an extreme weather event,
including--
(i) individuals with a physical or mental
disability;
(ii) individuals in schools, daycare centers,
mobile home parks, prisons, nursing homes, and
other long-term care facilities and detention
centers;
(iii) individuals with limited proficiency in
English;
(iv) the elderly; and
(v) individuals who are tourists, seasonal
workers, or homeless.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator 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 identifying which segments
of Federal evacuation routes are most vulnerable to becoming
impassable due to flooding.
SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Identification.--
(1) Central texas corridor.--Section 1105(c)(84) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended to read as follows:
``(84) The Central Texas Corridor, including the route--
``(A) commencing in the vicinity of Texas Highway 338
in Odessa, Texas, running eastward generally following
Interstate Route 20, connecting to Texas Highway 158 in
the vicinity of Midland, Texas, then following Texas
Highway 158 eastward to United States Route 87 and then
following United States Route 87 southeastward, passing
in the vicinity of San Angelo, Texas, and connecting to
United States Route 190 in the vicinity of Brady,
Texas;
``(B) commencing at the intersection of Interstate
Route 10 and United States Route 190 in Pecos County,
Texas, and following United States Route 190 to Brady,
Texas;
``(C) following portions of United States Route 190
eastward, passing in the vicinity of Fort Hood,
Killeen, Belton, Temple, Bryan, College Station,
Huntsville, Livingston, Woodville, and Jasper, to the
logical terminus of Texas Highway 63 at the Sabine
River Bridge at Burrs Crossing and including a loop
generally encircling Bryan/College Station, Texas;
``(D) following United States Route 83 southward from
the vicinity of Eden, Texas, to a logical connection to
Interstate Route 10 at Junction, Texas;
``(E) following United States Route 69 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Woodville, Texas;
``(F) following United States Route 96 from
Interstate Route 10 in Beaumont, Texas, north to United
States Route 190 in the vicinity of Jasper, Texas; and
``(G) following United States Route 190, State
Highway 305, and United States Route 385 from
Interstate Route 10 in Pecos County, Texas to
Interstate 20 at Odessa, Texas.''.
(2) Central louisiana corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 is
amended by adding at the end the following:
``(91) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine River
Bridge at Burrs Crossing and generally following portions of
Louisiana Highway 8 to Leesville, Louisiana, and then eastward
on Louisiana Highway 28, passing in the vicinity of Alexandria,
Pineville, Walters, and Archie, to the logical terminus of
United States Route 84 at the Mississippi River Bridge at
Vidalia, Louisiana.''.
(3) Central mississippi corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(92) The Central Mississippi Corridor, including the
route--
``(A) commencing at the logical terminus of United
States Route 84 at the Mississippi River and then
generally following portions of United States Route 84
passing in the vicinity of Natchez, Brookhaven,
Monticello, Prentiss, and Collins, to Interstate 59 in
the vicinity of Laurel, Mississippi, and continuing on
Interstate Route 59 north to Interstate Route 20 and on
Interstate Route 20 to the Mississippi-Alabama State
Border; and
``(B) commencing in the vicinity of Laurel,
Mississippi, running south on Interstate Route 59 to
United States Route 98 in the vicinity of Hattiesburg,
connecting to United States Route 49 south then
following United States Route 49 south to Interstate
Route 10 in the vicinity of Gulfport and following
Mississippi Route 601 southerly terminating near the
Mississippi State Port at Gulfport.''.
(4) Middle alabama corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(93) The Middle Alabama Corridor including the route--
``(A) beginning at the Alabama-Mississippi Border
generally following portions of I-20 until following a
new interstate extension paralleling United States
Highway 80 specifically:
``(B) crossing Alabama Route 28 near Coatopa,
Alabama, traveling eastward crossing United States
Highway 43 and Alabama Route 69 near Selma, Alabama,
traveling eastwards closely paralleling United States
Highway 80 to the south crossing over Alabama Routes
22, 41, and 21, until its intersection with I-65 near
Hope Hull, Alabama;
``(C) continuing east along the proposed Montgomery
Outer Loop south of Montgomery, Alabama where it would
next join with I-85 east of Montgomery, Alabama;
``(D) continuing along I-85 east bound until its
intersection with United States Highway 280 near
Opelika, Alabama or United States Highway 80 near
Tuskegee, Alabama; and
``(E) generally following the most expedient route
until intersecting with existing United States Highway
80 (JR Allen Parkway) through Phenix City until
continuing into Columbus, Georgia.''.
(5) Middle georgia corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(94) The Middle Georgia Corridor including the route--
``(A) beginning at the Alabama-Georgia Border
generally following the Fall Line Freeway from Columbus
Georgia to Augusta, Georgia specifically:
``(B) travelling along United States Route 80 (JR
Allen Parkway) through Columbus, Georgia and near Fort
Benning, Georgia, east to Talbot County, Georgia where
it would follow Georgia Route 96, then commencing on
Georgia Route 49C (Fort Valley Bypass) to Georgia Route
49 (Peach Parkway) to its intersection with Interstate
route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route 75
through Warner Robins and Macon, Georgia where it would
meet Interstate Route 16. Following Interstate 16 east
it would next join United States Route 80 and then onto
State Route 57; and
``(D) commencing with State Route 57 which turns into
State Route 24 near Milledgeville, Georgia would then
bypass Wrens, Georgia with a newly constructed bypass.
After the bypass it would join United States Route 1
near Fort Gordon into Augusta, Georgia where it will
terminate at Interstate Route 520.''.
(6) Louisiana capital region.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991, as
amended by this Act, is further amended by adding at the end
the following:
``(95) The Louisiana Capital Region High Priority Corridor,
which shall generally follow--
``(A) Interstate 10, between its intersections with
Interstate 12 and Louisiana Highway 415;
``(B) Louisiana Highway 415, between its
intersections with Interstate 10 and United States
route 190;
``(C) United States route 190, between its
intersections with Louisiana Highway 415 and
intersection with Interstate 110;
``(D) Interstate 110, between its intersections with
United States route 190 and Interstate 10;
``(E) Louisiana Highway 30, near St. Gabriel, LA and
its intersections with Interstate 10;
``(F) Louisiana Highway 1, near White Castle, LA and
its intersection with Interstate 10; and
``(G) A bridge connecting Louisiana Highway 1 with
Louisiana Highway 30, south of the Interstate described
in subparagraph (A).''.
(b) Inclusion of Certain Segments on Interstate System.--Section
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act
of 1991 is amended--
(1) by inserting ``subclauses (I) through (IX) of subsection
(c)(38)(A)(i), subsection (c)(38)(A)(iv),'' after ``subsection
(c)(37),'';
(2) by inserting ``subsection (c)(84),'' after ``subsection
(c)(83),''; and
(3) by striking ``and subsection (c)(91)'' and inserting
``subsection (c)(91), subsection (c)(92), subsection (c)(93),
subsection (c)(94), subsection (c)(95), and subsection
(c)(96)''.
(c) Designation.--Section 1105(e)(5)(C) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by striking ``The
route referred to in subsection (c)(84) is designated as Interstate
Route I-14.'' and inserting ``The route referred to in subsection
(c)(84)(A) is designated as Interstate Route I-14 North. The route
referred to in subsection (c)(84)(B) is designated as Interstate Route
I-14 South. The Bryan/College Station, Texas loop referred to in
subsection (c)(84) is designated as Interstate Route I-214. The routes
referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection
(c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are
designated as Interstate Route I-14.''.
SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
(a) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the Federal
Emergency Management Agency, shall review the guidance issued pursuant
to section 1228 of the Disaster Recovery Reform Act of 2018 (Public Law
115-254), and revise or issue new guidance regarding repair,
restoration, and replacement of inundated and submerged roads damaged
or destroyed by a major disaster declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) with respect to roads eligible for assistance under Federal
Highway Administration programs.
(b) Considerations.--In revising or issuing new guidance under
subsection (a), the Administrator shall consider methods of repair,
restoration, and replacement of damaged or destroyed roads that--
(1) improve the ability of a previously inundated or
submerged road to withstand the effects of hydrostatic and
hydrodynamic forces, including stormwater, runoff, or storm
surge; and
(2) provide for long-term cost savings.
SEC. 1623. DRY BULK WEIGHT TOLERANCE.
Section 127 of title 23, United States Code, is amended by adding at
the end the following:
``(v) Dry Bulk Weight Tolerance.--
``(1) Definition of dry bulk goods.--In this subsection, the
term `dry bulk goods' means any homogeneous unmarked nonliquid
cargo being transported in a trailer specifically designed for
that purpose.
``(2) Weight tolerance.--Notwithstanding any other provision
of this section, except for the maximum gross vehicle weight
limitation, a commercial motor vehicle transporting dry bulk
goods may not exceed 110 percent of the maximum weight on any
axle or axle group described in subsection (a), including any
enforcement tolerance.''.
SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``2016 through 2020'' and inserting ``2023 through 2026''.
SEC. 1625. LABOR STANDARDS.
It is the policy of the United States that funds authorized or made
available by this Act, or the amendments made by this Act, should not
be used to purchase products produced whole or in part through the use
of child labor, as such term is defined in Article 3 of the
International Labor Organization Convention concerning the prohibition
and immediate action for the elimination of the worst forms of child
labor (December 2, 2000), or in violation of human rights.
SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, and every 5 years thereafter, the Comptroller General of the
United States shall evaluate and issue a report to Congress on the
economic benefits, including avoided impacts on property and life, of
the use of model, consensus-based building codes, standards, and
provisions that support resilience to climate risks and impacts,
including--
(1) flooding;
(2) wildfires;
(3) hurricanes;
(4) heat waves;
(5) droughts;
(6) rises in sea level; and
(7) extreme weather.
(b) Report Issues.--The report required under subsection (a) shall
include the following:
(1) An assessment of the status of adoption of building
codes, standards, and provisions within the States,
territories, and tribes at the State or jurisdictional level;
including whether the adopted codes meet or exceed the most
recent published edition of a national, consensus-based model
code.
(2) An analysis of the extent to which pre-disaster
mitigation measures provide benefits to the nation and
individual States, territories and tribes, including--
(A) an economic analysis of the benefits to the
design and construction of new resilient
infrastructure;
(B) losses avoided, including economic losses, number
of structures (buildings, roads, bridges), and injuries
and deaths by utilizing building codes and standards
that prioritize resiliency; and
(C) an economic analysis of the benefits to using
hazard resistant building codes in rebuilding and
repairing infrastructure following a disaster.
(3) An assessment of the building codes and standards
referenced or otherwise currently incorporated into Federal
policies and programs, including but not limited to grants,
incentive programs, technical assistance and design and
construction criteria, administered by the Federal Emergency
Management Agency (hereinafter referred to as ``FEMA''),
including--
(A) the extent to which such codes and standards
contribute to increasing climate resiliency;
(B) recommendations for how FEMA could improve their
use of codes and standards to prepare for climate
change and address resiliency in housing, public
buildings, and infrastructure such as roads and
bridges; and
(C) how FEMA could increase efforts to support the
adoption of hazard resistant codes by the States,
territories, and Indian Tribes.
(4) Recommendations for FEMA on how to better incorporate
climate resiliency into efforts to rebuild after natural
disasters.
SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING RIGHTS HIGHWAY.
(a) Designation.--The portion of United States Route 80 from Selma,
Alabama to Montgomery, Alabama shall be known as the ``John R. Lewis
Voting Rights Highway''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the portion of United
States Route 80 from Selma, Alabama to Montgomery, Alabama is deemed to
be a reference to the ``John R. Lewis Voting Rights Highway''.
SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the capital investment needs of United States public
ferries and how Federal funding programs are meeting such needs.
(b) Considerations.--In carrying out the study under subsection (a),
the Comptroller General shall examine the feasibility of including
United States public ferries in the conditions and performance report
of the Department of Transportation.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit to Congress
a report describing the results of the study described in subsection
(a), including any recommendations for how to include ferries in the
conditions and performance report of the Department of Transportation.
SEC. 1629. USE OF MODELING AND SIMULATION TECHNOLOGY.
It is the sense of Congress that the Department of Transportation
should utilize, to the fullest and most economically feasible extent
practicable, modeling and simulation technology to analyze highway and
public transportation projects authorized by this Act and the
amendments made by this Act to ensure that these projects--
(1) increase transportation capacity and safety, alleviate
congestion, and reduce travel time and environmental impacts;
and
(2) are as cost effective as practicable.
SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY.
(a) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall carry out a study on the impact of equity issues associated with
per-mile user fee funding systems on the surface transportation system.
(b) Contents.--The study under subsection (a) shall include the
following with respect to per-mile user fee systems:
(1) The financial, social, and other impacts of per-mile user
fee systems on individuals, low-income individuals, and
individuals of different races.
(2) The impact that access to alternative modes of
transportation, including public transportation, has in
carrying out per-mile user fee systems.
(3) The ability to access jobs and services, which may
include healthcare facilities, child care, education and
workforce training, food sources, banking and other financial
institutions, and other retail shopping establishments.
(4) Equity issues for low-income individuals in urban and
rural areas.
(5) Any differing impacts on passenger vehicles and
commercial vehicles.
(c) Inclusions.--In carrying out the study under subsection (a), the
Comptroller General shall include an analysis of the following
programs:
(1) The State surface transportation system funding pilot
program under section 6020 of the FAST Act; and
(2) The national surface transportation system funding pilot
under section 5402 of this Act.
(d) Report.--Not later than 2 years after the date of the enactment
after this Act, the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate, and
make publicly available, a report containing the results of the study
under subsection (a), including recommendations for how to equitably
implement per-mile user fee systems.
(e) Definitions.--
(1) 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.
(2) Commercial vehicle.--The term ``commercial vehicle'' has
the meaning given the term commercial motor vehicle in section
31101 of title 49, United States Code.
SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.
(a) Review Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall undertake a review
of the extent to which State departments of transportation have in
place best practices, standards, and protocols designed to ensure
equity considerations in transportation planning, project selection,
and project delivery, including considerations of the diverse
transportation needs of low-income populations, minority populations,
and other diverse populations.
(b) Evaluation.--After the completion of the review under subsection
(a), the Comptroller General shall issue and make available on a
publicly accessible Website a report detailing--
(1) findings based on the review in subsection (a);
(2) a comprehensive set of recommendations for State
departments of transportation to improve equity considerations,
which may include model legislation, best practices, or
guidance; and
(3) any recommendations to Congress for additional statutory
authority needed to support State department of transportation
efforts to incorporate equity considerations into
transportation planning, project selection, and project
delivery.
(c) Report.--After completing the review and evaluation required
under subsections (a) and (b), and not later than 2 years after the
date of enactment of this Act, the Comptroller General shall make
available on a publicly accessible Website, a report that includes--
(1) findings based on the review conducted under subsection
(a);
(2) the outcome of the evaluation conducted under subsection
(b);
(3) a comprehensive set of recommendations to improve equity
considerations in the public transportation industry, including
recommendations for statutory changes if applicable; and
(4) the actions that the Secretary of Transportation could
take to effectively address the recommendations provided under
paragraph (3).
SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS AND
BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.
(a) Study.--The Comptroller General of the United States shall
conduct a study to identify--
(1) the types of structures, other than bridges, that attract
a high number of individuals attempting suicide-by-jumping;
(2) the characteristics that distinguish structures
identified under paragraph (1) from similar structures that do
not attract a high number of individuals attempting suicide-by-
jumping;
(3) the types of nets or barriers that are effective at
reducing suicide-by-jumping with respect to the structures
identified under paragraph (1);
(4) methods of reducing suicide-by-jumping with respect to
the structures identified under paragraph (1) other than nets
and barriers;
(5) quantitative measures of the effectiveness of the nets
and barriers identified under paragraph (3);
(6) quantitative measures of the effectiveness of the
additional methods identified under paragraph (4);
(7) the entities that typically install the nets and barriers
identified under paragraph (3); and
(8) the costs of the nets and barriers identified under
paragraph (3).
(b) Report.--Not later than 1 year after the date of the 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 the study conducted under subsection (a).
SEC. 1633. TRANSPORTATION PLANNING ACTIVITIES.
The Secretary or Transportation shall take all reasonable efforts to
provide assistance for an Olympic or Paralympic event, or a Special
Olympics International event, including the following:
(1) Planning activities of States and metropolitan planning
organizations and transportation projects relating to an
international Olympic or Paralympic event, or a Special
Olympics International event, under sections 134 and 135 of
title 23, United States Code.
(2) Developing intermodal transportation plans necessary for
the projects, in coordination with State and local
transportation agencies.
(3) Efforts to expedite review and comment by the Department
of Transportation on any required submittals pertaining to an
Olympic or Paralympic event or a Special Olympics International
event.
(4) Providing technical assistance.
SEC. 1634. BETTER UTILIZING INFRASTRUCTURE FOR LASTING DEVELOPMENT OF
VETERANS BUSINESSES ACT.
(a) Definitions.--In this section, the following definitions apply:
(1) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(2) Veteran.--The term ``veteran'' has the meaning given the
term in section 101(2) of title 38, United States Code.
(3) Veteran owned small business concern.--The term ``veteran
owned small business concern'' has the meaning given the term
``small business concern owned and controlled by veterans'' in
section 3(q) of the Small Business Act (15 U.S.C. 632 (q)).
(b) Amounts for Veteran Owned Small Business Concerns.--Except to the
extent that the Secretary of Transportation determines otherwise, not
less than 3 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 veteran owned small
business concerns.
(c) Uniform Criteria.--The Secretary shall establish minimum uniform
criteria for use by State governments in certifying whether a concern
qualifies as a veteran owned small business concern for the purpose of
this section. Such criteria shall include a limit on the personal net
worth of the veterans who own and control the small business concern.
(d) Reporting.--The Secretary shall establish minimum requirements
for use by State government in reporting to the Secretary--
(1) information concerning veteran owned small business
concern awards, commitments, and achievement; and
(2) such other information as the Secretary determined to be
appropriate for the proper monitoring of the veterans business
enterprise program.
SEC. 1635. VEHICLE WEIGHT LIMITATIONS.
Section 127(i)(1)(A) of title 23, United States Code, is amended by
inserting ``an emergency or'' before ``a major disaster''.
SEC. 1636. ROADWAY WORKER PROTECTION WORKING GROUP.
(a) Establishment.--Not later than 180 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 review the methods, practices, and technologies necessary to protect
workers in roadway work zones.
(b) Membership.--
(1) Appointment.--The Secretary shall appoint to the Working
Group individuals with knowledge and expertise in roadway
safety.
(2) Representation.--The Working group shall include at least
one representative of each of the following:
(A) State departments of transportation.
(B) Local governments or metropolitan planning
organizations.
(C) Temporary traffic control organizations.
(D) Roadway user organizations.
(E) Vehicle and commercial vehicle manufacturers.
(F) Labor organizations.
(G) Traffic safety organizations.
(H) Motor carrier and independent owner-operator
organizations.
(I) Law enforcement and first responder
organizations.
(J) Autonomous vehicle technology companies.
(K) 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 (f)(1).
(c) Duties.--In carrying out the review required under subsection
(a), the Working Group shall--
(1) evaluate and analyze current work zone safety and worker
protection traffic control best practices;
(2) identify causes of work zone injuries and fatalities;
(3) identify and evaluate technologies related to vehicle
interaction with work zones and workers in work zones; and
(4) identify challenges for transportation construction
project sponsors regarding improving work zone safety.
(d) Consultation.--In carrying out the review required under
subsection (a), the Working Group shall consult with--
(1) transportation construction contractor organizations;
(2) roadway and roadway safety equipment manufacturer
organizations;
(3) academic experts; and
(4) 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 review required under
subsection (a), including a summary of any comments
received during the consultation process under
subsection (d); and
(B) recommendations on safety countermeasures,
technologies, programs and policies for the Department
of Transportation to improve roadway work zone safety
and practices.
(2) Report to congress.--Not later than 1 month after the
date on which the Secretary receives a 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 report.
SEC. 1637. GAO STUDY ON NATURE-BASED SOLUTIONS FOR COASTAL HIGHWAY
RESILIENCE.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the utilization of nature-based solutions for
improving the resilience of coastal highways and bridges.
(b) Contents.--In conducting the study under subsection (a), the
Comptroller General shall examine--
(1) the resiliency benefits of nature-based features that
work in conjunction with structural features to protect coastal
highways and bridges by reducing the impacts of floods or other
risks of extreme weather;
(2) the ecological benefits of nature-based features for
habitat restoration, water quality improvements, and
recreational aesthetics;
(3) any potential savings to taxpayers over the lifecycles of
roadways produced by an integrated approach to resilience
against extreme weather;
(4) the utilization rates for integrated nature-based
solutions among transportation agencies; and
(5) any barriers to the use of nature-based solutions by
transportation agencies to improve the resilience of coastal
roads and bridges.
(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 under subsection (a) and the results of
such study, including recommendations for how the Federal Highway
Administration can encourage transportation agencies to use natural and
nature-based features to improve the resilience of coastal highways and
bridges.
SEC. 1638. PROHIBITION ON THE USE OF CIVIL PENALTIES FOR CAMPAIGN
FINANCE.
No amounts may be assessed on funds collected pursuant to section
5309 of this Act or section 20704, 20171, 20174, or 80502 of title 49,
United States Code, (as added by this Act) for purposes of making
payments in support of a campaign for election for the office of
Senator or Representative in, or Delegate or Resident Commissioner to,
Congress.
SEC. 1639. REPEAL OF PILOT PROGRAM.
Section 325 of title 23, United States Code, is repealed.
SEC. 1640. TECHNICAL CORRECTIONS.
(a) In General.-- Title 23, United States Code, is amended as
follows:
(1) Name correction.--Section 101(a)(16)(C),as amended, is
amended by striking ``United States Customs and Immigration
Services'' and inserting `` U.S. Customs and Border
Protection''.
(2) Transfer of funds.--Section 104(f)(3) is amended--
(A) in subparagraph (A), by striking ``the Federal
Highway Administration'' and inserting ``an operating
administration of the Department of Transportation'';
and
(B) in the paragraph heading, by striking ``Federal
Highway Administration'' and inserting ``an operating
administration of the Department of Transportation''.
(3) Terms and conditions.--Section 108(c)(3)(F) is amended--
(A) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)''
after ``Policy Act''; and
(B) by striking ``this Act'' and inserting ``this
title''.
(4) Exclusion.--Section 112(b)(2) is amended in subparagraph
(F) by striking ``(F)'' and all that follows through
``Subparagraphs'' and inserting ``(f) Subparagraphs''.
(5) Reference to statewide transportation improvement
program.--Section 115(c) is amended by striking ``135(f)'' and
inserting ``135(g)''.
(6) Opportunity for comment.--Section 134(j) is amended by
striking ``subsection (i)(5)'' both places it appears and
inserting ``subsection (i)(6)''.
(7) Performance-based approach.--Section 135(f)(7)(B) is
amended by striking the semicolon at the end and inserting a
period.
(8) Efficient environmental reviews for project
decisionmaking.--Section 139 is amended--
(A) in subsection (b)(1) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969'';
(B) in subsection (c) by inserting ``(42 U.S.C. 4321
et seq.)'' after ``of 1969'' each place it appears; and
(C) in subsection (k)(2) by inserting ``(42 U.S.C.
4321 et seq.)'' after ``of 1969''.
(9) Nondiscrimination.--Section 140(a) is amended, in the
third sentence, by inserting a comma after ``Secretary''.
(10) Public transportation.--Section 142 is amended by
striking subsection (i).
(11) Congestion mitigation and air quality improvement
program.--Section 149 is amended--
(A) in subsection (b)(1)(A)(ii) by striking ``; or,''
and inserting ``; or''; and
(B) in subsection (g)(2)(B) by striking the semicolon
at the end and inserting ``; and''.
(12) Tribal transportation program data collection.--Section
201(c)(6)(A)(ii) is amended by striking ``(25 U.S.C. 450 et
seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)''.
(13) Tribal transportation program.--Section 202 is amended--
(A) by striking ``(25 U.S.C. 450 et seq.)'' each
place it appears and inserting ``(25 U.S.C. 5301 et
seq.)'';
(B) in subsection (a)(10)(B) by striking ``(25 U.S.C.
450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
(C) in subsection (b)--
(i) in paragraph (5) in the matter preceding
subparagraph (A) by inserting ``the'' after
``agreement under''; and
(ii) in paragraph (6)(A) by inserting ``the''
after ``in accordance with''.
(14) Permissible uses of recreational trails program
apportioned funds.--Section 206(d)(2)(G) is amended by striking
``use of recreational trails'' and inserting ``uses of
recreational trails''.
(15) Tribal transportation self-governance program.--Section
207 is amended--
(A) in subsection (g)--
(i) by striking ``(25 U.S.C. 450j-1)'' and
inserting ``(25 U.S.C. 5325)''; and
(ii) by striking ``(25 U.S.C. 450j-1(f))''
and inserting ``(25 U.S.C. 5325(f))'';
(B) in subsection (l)--
(i) in paragraph (1), by striking ``(25
U.S.C. 458aaa-5)'' and inserting ``(25 U.S.C.
5386)'';
(ii) in paragraph (2), by striking ``(25
U.S.C. 458aaa-6)'' and inserting ``(25 U.S.C.
5387)'';
(iii) in paragraph (3), by striking ``(25
U.S.C. 458aaa-7)'' and inserting ``(25 U.S.C.
5388)'';
(iv) in paragraph (4), by striking ``(25
U.S.C. 458aaa-9)'' and inserting ``(25 U.S.C.
5390)'';
(v) in paragraph (5), by striking ``(25
U.S.C. 458aaa-10)'' and inserting ``(25 U.S.C.
5391)'';
(vi) in paragraph (6), by striking ``(25
U.S.C. 458aaa-11)'' and inserting ``(25 U.S.C.
5392)'';
(vii) in paragraph (7), by striking ``(25
U.S.C. 458aaa-14)'' and inserting ``(25 U.S.C.
5395)'';
(viii) in paragraph (8), by striking ``(25
U.S.C. 458aaa-15)'' and inserting ``(25 U.S.C.
5396)''; and
(ix) in paragraph (9), by striking ``(25
U.S.C. 458aaa-17)'' and inserting ``(25 U.S.C.
5398)''; and
(C) in subsection (m)(2)--
(i) by striking ``505'' and inserting
``501''; and
(ii) by striking ``(25 U.S.C. 450b; 458aaa)''
and inserting ``(25 U.S.C. 5304; 5381)''.
(16) Buy america.--Section 313 is amended--
(A) in subsection (e)(2) by striking ``States;'' and
inserting ``States,''; and
(B) in subsection (f)(1) by striking ``, and'' and
inserting ``; and''.
(17) Procedures for a gift or donation.--Section 323(d) is
amended in the matter preceding paragraph (1) by inserting
``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
(18) Highway safety programs.--Section 402(b)(1)(E) is
amended by striking the semicolon at the end and inserting ``;
and''.
(19) Use of freight capacity building program funds.--Section
504(g)(6) is amended by striking ``make grants or to'' and
inserting ``make grants to''.
(20) Development phase activities.--Section 602(e) is amended
by striking ``601(a)(1)(A)'' and inserting ``601(a)(2)(A)''.
(b) Clerical Amendments.--
(1) In general.--The table of contents for title 23, United
States Code, is amended in the item relating to chapter 1 by
striking ``FEDERAL AID HIGHWAYS'' and inserting ``FEDERAL-AID
HIGHWAYS''.
(2) Chapter 3.--The analysis for chapter 3 of title 23,
United States Code, is amended by striking the item relating to
section 325.
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) $17,894,460,367 for fiscal year 2023;
``(B) $18,201,940,770 for fiscal year 2024;
``(C) $18,551,676,708 for fiscal year 2025; and
``(D) $18,901,573,693 for fiscal year 2026.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $189,879,151 for fiscal year 2023, $192,841,266
for fiscal year 2024, $195,926,726 for fiscal year
2025, and $199,002,776 for fiscal year 2026, shall be
available to carry out section 5305;
``(B) $7,505,830,848 for fiscal year 2023,
$7,622,921,809 for fiscal year 2024, $7,744,888,558 for
fiscal year 2025, and $7,866,483,309 for fiscal year
2026 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 2023, $103,093,556
for fiscal year 2024, $104,743,053 for fiscal year
2025, and $106,387,519 for fiscal year 2026 shall be
available for grants under section 5308;
``(D) $434,830,298 for fiscal year 2023, $441,613,651
for fiscal year 2024, $448,679,469 for fiscal year
2025, and $455,723,737 for fiscal year 2026 shall be
available to carry out section 5310, of which not less
than--
``(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out
section 5310(j); and
``(ii) $20,302,000 for fiscal year 2023,
$20,618,711 for fiscal year 2024, $20,948,611
for fiscal year 2025, and $21,277,504 for
fiscal year 2026 shall be available to carry
out section 5310(k);
``(E) $1,025,199,724 for fiscal year 2023,
$1,041,192,839 for fiscal year 2024, $1,057,851,925 for
fiscal year 2025, and $1,074,460,200 for fiscal year
2026 shall be available to carry out section 5311, of
which not less than--
``(i) $55,679,500 for fiscal year 2023,
$56,392,100 for fiscal year 2024, $57,134,374
for fiscal year 2025, and $57,874,383 for
fiscal year 2026 shall be available to carry
out section 5311(c)(1); and
``(ii) $50,755,000 for fiscal year 2023,
$51,546,778 for fiscal year 2024, $52,371,526
for fiscal year 2025, and $53,193,759 for
fiscal year 2026 shall be available to carry
out section 5311(c)(2);
``(F) $53,498,300 for fiscal year 2023; $54,020,873
for fiscal year 2024; $54,565,207 for fiscal year 2025;
$55,107,881 for fiscal year 2026 shall be available to
carry out section 5312, of which not less than--
``(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out each
of sections 5312(d)(3) and 5312(d)(4);
``(ii) $3,045,300 for fiscal year 2023,
$3,092,807 for fiscal year 2024, $3,142,292 for
fiscal year 2025, and $3,191,626 for fiscal
year 2026 shall be available to carry out
section 5312(h);
``(iii) $10,151,000 for fiscal year 2023,
$10,309,356 for fiscal year 2024, $10,474,305
for fiscal year 2025, and $10,638,752 for
fiscal year 2026 shall be available to carry
out section 5312(i); and
``(iv) $10,075,500 for fiscal year 2023,
$10,154,678 for fiscal year 2024, $10,237,153
for fiscal year 2025, and $10,319,376 shall be
available to carry out section 5312(j);
``(G) $23,347,300 for fiscal year 2023, $23,711,518
for fiscal year 2024, $24,090,902 for fiscal year 2025,
and $24,469,129 for fiscal year 2026 shall be available
to carry out section 5314, of which not less than--
``(i) $4,060,400 for fiscal year 2023,
$4,123,742 for fiscal year 2024, $4,189,722 for
fiscal year 2025, and $4,255,501 for fiscal
year 2026 shall be available to carry out
section of 5314(a);
``(ii) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out
section 5314(c); and
``(iii) $12,181,200 for fiscal year 2023,
$12,371,227 for fiscal year 2024, $12,569,166
for fiscal year 2025, and $12,766,502 for
fiscal year 2026 shall be available to carry
out section 5314(b)(2);
``(H) $5,075,500 for fiscal year 2023, $5,154,678 for
fiscal year 2024, $5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall be available to
carry out section 5318;
``(I) $30,453,000 for fiscal year 2023, $30,928,067
for fiscal year 2024, $31,422,916 for fiscal year 2025,
and $31,916,256 for fiscal year 2026 shall be available
to carry out section 5328, of which not less than--
``(i) $25,377,500 for fiscal year 2023,
$25,773,389 for fiscal year 2024, $26,185,763
for fiscal year 2025, and $26,596,880 for
fiscal year 2026 shall be available to carry
out section of 5328(b); and
``(ii) $2,537,750 for fiscal year 2023,
$2,577,339 for fiscal year 2024, $2,618,576 for
fiscal year 2025, and $2,659,688 for fiscal
year 2026 shall be available to carry out
section 5328(c);
``(J) $4,060,400 for fiscal year 2023, $4,123,742 for
fiscal year 2024, $4,189,722 for fiscal year 2025, and
$4,255,501 for fiscal year 2026 shall be available to
carry out section 5335;
``(K) $5,366,233,728 for fiscal year 2023,
$5,460,789,084 for fiscal year 2024, $5,560,170,578 for
fiscal year 2025, and $5,660,288,417 for fiscal year
2026 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 2023,
$1,259,667,334 for fiscal year 2024,
$1,279,832,171 for fiscal year 2025, and
$1,299,925,536 for fiscal year 2026; 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 2023, $424,748,448
for fiscal year 2024, $387,944,423 for fiscal year
2025, and $351,100,151 for fiscal year 2026 shall be
available to carry out section 5339(b);
``(N) $890,000,000 for fiscal year 2023, $950,000,000
for fiscal year 2024, $1,065,000,000 for fiscal year
2025, and $1,180,000,000 for fiscal year 2026 shall be
available to carry out section 5339(c); and
``(O) $587,133,905 for each of fiscal years 2023
through 2026 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
2023 through 2026 shall be for growing States
under section 5340(c); and
``(ii) $277,444,997 for each of fiscal years
2023 through 2026 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
2023, $4,250,000,000 for fiscal year 2024, $5,000,000,000 for fiscal
year 2025, and 5,500,000,000 for fiscal year 2026.
``(c) Administration.--
``(1) In general.--There are authorized to be appropriated to
carry out section 5334, $142,060,785 for fiscal year 2023,
$144,191,696 for fiscal year 2024, $146,412,248 for fiscal year
2025, and 148,652,356 for fiscal year 2026.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $6,000,000 for
each of fiscal years 2023 through 2026 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 2023 through 2026 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.
``(I) 1 percent of amounts made available to carry
out section 5308.
``(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.
``(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
from future appropriations 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.
``(g) Limitation on Financial Assistance for State-Owned
Enterprises.--
``(1) In general.--Funds provided under this section may not
be used in awarding a contract, subcontract, grant, or loan to
an entity that is owned or controlled by, is a subsidiary of,
or is otherwise related legally or financially to a corporation
based in a country that--
``(A) is identified as a nonmarket economy country
(as defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of enactment
of the INVEST in America Act;
``(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
``(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.''.
(b) Conforming Amendments.--
(1) 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)''.
(2) 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''.
(3) Section 5336 of title 49, United States Code, is amended
in subsection (d)(1) by striking ``5338(a)(2)(C)'' and
inserting ``5338(a)(2)(B)''.
(4) Subsections (c) and (d)(1) of section 5327 of title 49,
United States Code, are amended by striking ``5338(f)'' and
inserting ``5338(d)''.
(5) 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 ``, charging stations and docks for
electric micromobility devices, 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;'';
(B) in subparagraph (M) strike ``; or'' and insert a
semicolon;
(C) in subparagraph (N)--
(i) by striking ``no emission'' and inserting
``zero emission''; and
(ii) by striking ``(as defined in section
5339(c)) or facilities.'' and inserting ``or
facilities; or''; and
(D) by adding at the end the following:
``(O) the employment of forensic consultants,
cybersecurity experts, or third-party penetration
testers to identify, evaluate, test, and patch
ransomware attack vulnerabilities.''; 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) by striking ``urban area'' and
inserting ``urbanized area'';
(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;
``(iii) contracted by a local government
entity that provides local cost share to the
recipient; and
``(iv) not contracted for the purposes of a
convention or on behalf of a convention and
visitors bureau.
``(4) Guidelines.--The Secretary shall publish guidelines for
grant recipients and private bus operators that clarify when
and how a transit agency may provide the service in the event a
registered charter provider does not contact the customer,
provide a quote, or provide the service.'';
(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.''; and
(5) by amending subsection (r) to read as follows:
``(r) Reasonable Access to Public Transportation Facilities.--
``(1) In general.--A recipient of assistance under this
chapter--
``(A) may not deny reasonable access for a private
intercity or charter transportation operator to
federally funded public transportation facilities,
including intermodal facilities, park and ride lots,
and bus-only highway lanes; and
``(B) shall respond to any request for reasonable
access within 75 days of the receipt of the request
and, if a recipient of assistance under this chapter
denies access to a private intercity or charter
transportation operator based on the reasonable access
standards, provide, in writing, the reasons for the
denial.
``(2) Determining reasonable access.--In determining
reasonable access under paragraph (1)(A), capacity requirements
of the recipient of assistance and the extent to which access
would be detrimental or beneficial to existing public
transportation services must be considered and demographic
makeup of the riders of a private intercity or charter
transportation operator may not be cited as a detriment to the
provision of access.
``(3) Notification.--If a private intercity or charter
transportation operator requesting access under this subsection
is denied such access by a recipient of assistance under this
chapter or does not receive a written response within 75 days
of submitting the request, such operator may notify the
Secretary for purposes of inclusion in the report under
paragraph (4).
``(4) Report to congress.--The Secretary shall annually
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report listing each
instance reported under paragraph (3) in which--
``(A) a private intercity or charter transportation
operator requested reasonable access and was denied,
and the reasons provided by the recipient of assistance
under this chapter for the denial; and
``(B) a recipient of assistance under this chapter
did not respond to a request for reasonable access
within 75 days.''.
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 improvements consistent with standards 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 ``and vehicle
electronics.'' and inserting ``cybersecurity and
mitigating the threat of ransomware, and vehicle
electronics; and''; and
(C) by adding at the end the following:
``(iii) technical assistance to assist
recipients with the impacts of a new census
count.'';
(2) in subsection (a)(2)--
(A) by redesignating subparagraphs (H) and (I) as
subparagraphs (J) and (K), respectively; and
(B) by inserting after subparagraph (G) the
following:
``(H) cybersecurity and mitigating the threat of
ransomware;'';
(3) in subsection (b)(1)(B) by striking ``females'' and
inserting ``women''; and
(4) in subsection (c)(4)(A) by inserting ``, and not more
than 2 percent of amounts under 5311,'' after ``5339''.
(d) National Transit Database.--Section 5335 of title 49, United
States Code, is amended--
(1) in subsection (a) by inserting ``, including information
on transit routes and ridership on those routes'' after
``public sector investment decision''; and
(2) in subsection (c) by inserting ``, any data on each
assault on a transit worker, and pedestrian injuries and
fatalities as a result of an impact with a bus. Each of the
data sets shall be publicly reported without aggregating the
data with other safety data'' after ``by the recipient''.
(e) 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''.
(f) 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''.
(g) Transportation Development Credits as Local Match.--
(1) Section 5307.--Section 5307(d)(3) of title 49, United
States Code, is amended--
(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) transportation development credits.''.
(2) Section 5309.--Section 5309 of title 49, United States
Code, is amended--
(A) in subsection (f) by adding at the end the
following:
``(3) Transportation development credits.--For purposes of
assessments and determinations under this subsection or
subsection (h), transportation development credits that are
included as a source of local financing or match shall be
treated the same as other sources of local financing.''; and
(B) in subsection (l)(4)--
(i) in subparagraph (B) by striking ``; or''
and inserting a semicolon;
(ii) in subparagraph (C) by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) transportation development credits; or''.
(3) Section 5339.--Section 5339(a)(7)(B) of title 49, United
States Code, is amended--
(A) in clause (iv) by striking ``; or'' and inserting
a semicolon;
(B) in clause (v) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(vi) transportation development credits.''.
(h) Clarification of Incidental Use.--Section 5310(b)(7) of title 49,
United States Code, is amended--
(1) in the header by inserting ``and incidental use'' after
``individuals'';
(2) by inserting ``or providing other incidental services''
after ``individuals''; and
(3) by striking ``delivery service does not conflict'' and
inserting ``service does not conflict''.
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:
``(9) reduce the contributions of the surface transportation
system to the total carbon pollution of the United States; and
``(10) improve the resiliency of the public transportation
network to withstand weather events and other natural
disasters.''.
SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS.
For fiscal years 2022 and 2023, the Secretary of Transportation 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.
SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is further amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight, foster economic growth and development
within and between States and urbanized areas, and take into
consideration resiliency and climate change adaptation needs
while reducing transportation-related fuel consumption, air
pollution, and greenhouse gas emissions through metropolitan
and statewide transportation planning processes identified in
this chapter; and''.
(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 the Federal Public
Transportation Act of 2012, each'' and inserting
``Each'';
(B) in paragraph (3) by adding at the end the
following:
``(D) Equitable and proportional representation.--
``(i) In general.--In designating officials
or representatives under paragraph (2), the
metropolitan planning organization shall ensure
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 one 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 (H) by striking ``and'' at the
end;
(C) in subparagraph (I) by striking the period at the
end and inserting ``and reduce or mitigate stormwater,
sea level rise, extreme weather, and climate change
impacts of surface transportation;''; and
(D) by inserting after subparagraph (I) the
following:
``(J) support emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(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) of title 23, the
achievement of metropolitan and statewide targets
established under section 150(d) of title 23, the
improvement of transportation system access (consistent
with section 150(f)) of title 23, and the general
purposes described in section 5301 of this title.'';
(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. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 5304 of title 49, 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 (H) by striking ``and'';
(iii) in subparagraph (I) by striking the
period at the end and inserting ``and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation;''; and
(iv) by adding at the end the following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system
access; and
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable,
elastic, and diverse housing supply, facilitate long-
term economic growth by improving the accessibility of
housing to jobs, and prevent high housing costs from
displacing economically disadvantaged households.'';
(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) of title 23;
``(ii) the consideration of transportation
system access (consistent with section 150(f)
of title 23);
``(iii) the achievement of statewide targets
established under section 150(d) of title 23;
and
``(iv) the general purposes described in
section 5301 of this title.''; 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 ``including
consideration of the role that intercity buses may play
in reducing congestion, pollution, greenhouse gas
emissions, and energy consumption in a cost-effective
manner and strategies and investments that preserve and
enhance intercity bus systems, including systems that
are privately owned and operated'' after
``transportation system'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting
``STIP'';
(B) 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'';
(C) 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 title 23''; and
(ii) in subparagraph (B)--
(I) by striking ``or under the bridge
program or the Interstate maintenance
program''; and
(II) by striking ``statewide
transportation improvement program''
and inserting ``STIP'';
(D) 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'';
(E) in paragraph (8) by striking ``statewide
transportation plans and programs'' and inserting
``statewide transportation plans and STIPs''; and
(F) 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 Federal Public
Transportation Act of 2012,'' and inserting ``Not less
frequently than once every 4 years,'';
(7) in subsection (j) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears; and
(8) in subsection (l) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 2109. OBLIGATION LIMITATION.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account
of the Highway Trust Fund by subsection (a) of section 5338 of title
49, United States Code, shall not exceed--
(1) $17,894,460,367 for fiscal year 2023;
(2) $18,201,940,770 for fiscal year 2024;
(3) $18,551,676,708 for fiscal year 2025; and
(4) $18,901,573,693 for fiscal year 2026.
SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.
Section 5324 of title 49, United States Code, is amended by adding at
the end the following:
``(f) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded pursuant
to this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (a)(2); or
``(B) the date on which the President declared a
major disaster, as described in such subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the request
of the Governor of the State, issue an extension of not more
than 1 year to complete such advancement, and may issue
additional extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has provided
suitable justification to warrant an extension.''.
SEC. 2111. CERTIFICATION REQUIREMENTS.
The certification requirements described in section 661.12 of title
49, Code of Federal Regulations, shall, after the date of enactment of
this Act, include a certification that buses or other rolling stock
(including train control, communication and traction power equipment)
being procured do not contain or use any covered telecommunications
equipment or services, as such term is defined by section 889 of the
John S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
SEC. 2112. HOLD HARMLESS.
Notwithstanding any other provision of law, for fiscal years 2021 and
2022, the Secretary of Transportation shall allow project sponsors, at
the request of such sponsor, to submit ridership and service data and
projections collected before January 20, 2020 and projections based on
that data to determine project eligibility under section 5309 of title
49, United States Code.
SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANSPORTATION.
(a) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit to Congress a
report that includes--
(1) a description of the challenges faced by each of the
populations described in subsection (b) when riding public
transportation; and
(2) recommendations to improve the accessibility of
federally-funded public transportation for the populations
described in subsection (b).
(b) Covered Populations.--The populations described in subsection (a)
shall be--
(1) pregnant women; and
(2) individuals living in areas of persistent poverty, as
such term is defined in section 172(l) of title 23, United
States Code, as added by this Act, and individuals that are
unbanked or underbanked.
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 of bus service and the 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 transportation 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) provided for such project from non-Federal
funds budgeted for roadways.
``(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 years 2023 and 2024, 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) Two 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 years 2023 and 2024, 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 in the morning
that an agency first exceeds the number of midday vehicles in revenue
service and the time in the evening that an agency falls below the
number of midday vehicles in revenue service.''.
SEC. 2203. MOBILITY INNOVATION.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following new section:
``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) and
(3), the Federal share of the net cost of a project carried out
under this section shall not exceed 70 percent.
``(2) Insourcing incentive.--Notwithstanding paragraph (1),
the Federal share of the net cost of a project described in
paragraph (1) shall, at the request of the project sponsor, be
increased by up to 10 percent for mobility on demand service
operated exclusively by personnel employed by the recipient.
``(3) Zero emission incentive.--Notwithstanding paragraph
(1), the Federal share of the net cost of a project described
in paragraph (1) shall, at the request of the project sponsor,
be increased by up to 10 percent if such project involves an
eligible use that uses a vehicle that produces zero carbon
dioxide or particulate matter.
``(c) Eligible Uses.--
``(1) In general.--The Secretary shall publish guidance
describing eligible activities that are demonstrated to--
``(A) increase transit ridership;
``(B) be complementary to fixed route transit
service;
``(C) demonstrate meaningful 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 during times of the day when
regular transit service is not operating, as
long as regular transit service hours are not
reduced;
``(vi) new service that operates in areas of
lower density that are unserved or underserved
by regular transit service;
``(vii) rural service; and
``(viii) improvement in paratransit service
quality.
``(2) Fare collection modernization.--In developing guidance
referred to in this section, the Secretary shall ensure that--
``(A) all costs associated with installing,
modernizing, and managing fare collection, including
touchless payment systems, shall be considered eligible
expenses under this title and subject to the applicable
Federal share; and
``(B) such guidance includes guidance on how agencies
shall provide unbanked and underbanked users with an
opportunity to benefit from mobility as a service
platforms.
``(3) 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;
``(B) deadhead vehicle miles; or
``(C) any service considered a taxi service that
operates under an exemption from testing requirements
under section 5331.
``(d) Federal Requirements.--A project carried out under this section
shall be treated as if such project were carried out under the section
from which the funds were provided to carry out such project, including
the application of any additional requirements provided for by law that
apply to section 5307, 5310, or 5311, as applicable.
``(e) Waiver.--
``(1) Individual waiver.--Except as provided in paragraphs
(2) and (3), the Secretary may waive any requirement applied to
a project carried out under this section pursuant to subsection
(d) if the Secretary determines that the project would--
``(A) not undermine labor standards;
``(B) increase employment opportunities of the
recipient unless the Secretary determines that such a
waiver does not affect employment opportunities; and
``(C) be consistent with the public interest.
``(2) Waiver under other sections.--The Secretary may not
waive any requirement under paragraph (1) for which a waiver is
otherwise available.
``(3) Prohibition of waiver.--Notwithstanding paragraph (1),
the Secretary may not waive any requirement of--
``(A) section 5333;
``(B) section 5331;
``(C) section 5302(14); and
``(D) chapter 53 that establishes a maximum Federal
share for operating costs.
``(4) Application of section 5320.--Notwithstanding
paragraphs (1) and (2), the Secretary may only waive the
requirements of section 5320 with respect to--
``(A) a passenger vehicle owned by an individual;
``(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;
``(C) any shared micromobility device for the period
beginning on the date of enactment of this section and
ending on the date that is 3 years after such date; and
``(D) rolling stock that is part of a dedicated fleet
of vehicles for the provision of microtransit that is
operated by, or exclusively on behalf of, the covered
recipient for the period beginning on the date of
enactment of this section and ending on the date that
is 3 years after such date.
``(5) Limitation.--A waiver issued under subparagraphs (B),
(C), or (D) of paragraph (4) may only be issued on an
individual project basis at the request of the covered
recipient and may not be renewed or extended beyond the initial
3-year period of the waiver.
``(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 require public transportation agencies, mobility on
demand providers, mobility as a service technology providers,
other non-government actors, 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) prohibit the transfer of personally
identifiable information;
``(G) protect confidential business information;
``(H) enhance cybersecurity protections; and
``(I) allow data governance, including but not
limited to licensing and terms of information sharing,
periodic risk assessments, policies regarding data
retention and information handling policies, and
anonymization techniques.
``(3) Prohibition on for profit activity.--Any data received
by an entity under this subsection may not be sold, leased, or
otherwise used to generate profit, except for the direct
provision of the related mobility on demand services and
mobility as a service.
``(4) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry out
this subsection shall have a 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, representatives from at least 3
different organizations engaged in collective bargaining on
behalf of transit workers in not fewer than 3 States, mobility
on demand providers, and mobility as a service technology
providers.
``(5) 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.
``(6) Extension of deadlines.--A deadline set forth in
paragraph (4) may be extended up to 180 days if the negotiated
rulemaking committee referred to in paragraph (5) 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 Vehicle Revenue Miles.--With respect
to vehicle revenue 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--
``(1) being carried out in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or
``(2) projects eligible under section 5310 that exceed the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
``(i) Definitions.--In this section:
``(1) 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.
``(2) 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.
``(3) 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.
``(4) Mobility on demand.--The term `mobility on demand'
means an on-demand transportation service shared among
individuals, either concurrently or one after another.''.
(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.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the date on which the Secretary of
Transportation has finalized both--
(1) the guidance required under section 5316(c) of title 49,
United States Code; and
(2) the regulations required under section 5316(f) of title
49, United States Code.
(d) Savings Clause.--Nothing in this section, or the amendments made
by this section, shall prohibit the use of funds for an eligible
activity or pilot project of a covered recipient authorized under the
law in effect on the day before the date of enactment of this Act
before the effective date described in subsection (c).
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'';
(B) in paragraph (2) by inserting ``and makes the
certification and supporting documents publicly
available'' before the period at the end; and
(C) by adding at the end the following:
``(3) Meaningful connections.--All projects funded under this
subsection shall directly serve, or make meaningful scheduled
connections to, the national intercity bus network.''; 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, which
may include--
``(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 a 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,
highly skilled 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)(A), 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 percent
domestic content when calculating the domestic content
of the rolling stock.
``(3) Rolling stock frames or car shells.--
``(A) Inclusion of costs.--Subject to the
substantiation requirement of subparagraph (B), 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.
``(B) Substantiation.--If a rolling stock vehicle
manufacturer wishes to include in the calculation of
the vehicle's domestic content the cost of steel or
iron produced in the United States and used in the
rolling stock frames and car shells that are not
produced in the United States, the manufacturer shall
maintain and provide upon request a mill certification
that substantiates the origin of the steel or iron.
``(4) Treatment of waived components and subcomponents.--In
this section, a 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 add 2.5 percent to the total
domestic content when calculating the domestic content of the
rolling stock for any zero-emission vehicle that uses only
battery cells for propulsion that are manufactured
domestically.
``(6) Prohibition on double counting.--
``(A) In general.--No labor costs included in the
cost of a component or subcomponent by the manufacturer
of rolling stock may be treated as rolling stock
assembly costs for purposes of calculating domestic
content.
``(B) Violation.--A violation of this paragraph shall
be treated as a false claim under subchapter III of
chapter 37 of title 31.
``(7) Definition of highly skilled labor costs.--In this
subsection, the term `highly skilled labor costs'--
``(A) means the apportioned value of direct wage
compensation associated with final assembly activities
of workers directly employed by a rolling stock
original equipment manufacturer and directly associated
with the final assembly activities of a rolling stock
vehicle that advance the value or improve the condition
of the end product;
``(B) does not include any temporary or indirect
activities or those hired via a third-party contractor
or subcontractor;
``(C) are limited to metalworking, fabrication,
welding, electrical, engineering, and other technical
activities requiring training;
``(D) are not otherwise associated with activities
required under section 661.11 of title 49, Code of
Federal Regulations; and
``(E) includes only activities performed in the
United States and does not include that of foreign
nationals providing assistance at a United States
manufacturing facility.
``(e) Certification of Domestic Supply and Disclosure.--
``(1) Certification of domestic supply.--If the Secretary
denies an application for a waiver under subsection (b)(2), 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 the
manner described in subsection (c).
``(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 division B 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 cost of all components of the rolling
stock, that reduces, by more than half, the percentage
of domestic content above 70 percent.
``(2) Certification of percentage.--
``(A) In general.--The Secretary may, at the request
of a component or subcomponent manufacturer, certify
the percentage of domestic content and place of
manufacturing for a component or subcomponent.
``(B) Period of certification.--Any component or
subcomponent certified by the Secretary shall remain
certified until the manufacturer makes a material
change to the domestic content or the place of
manufacturing of such component or subcomponent.
``(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall 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 new commuter rail projects shall comply with this
section and shall not be subject to section 22905(a).
``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
``(1) In general.--The Inspector General of the Department of
Transportation shall conduct an annual audit on certifications
under subsection (m) regarding compliance with Buy America.
``(2) Report fraud, waste, and abuse.--The Secretary shall
display a `Report Fraud, Waste, and Abuse' button and link to
Department of 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.
``(r) Rolling Stock Components and Subcomponents.--No bus shell,
railcar frame, or other component or subcomponent that is primarily
made of steel or iron shall be treated as produced in the United States
for purposes of subsection (b)(3) or determined to be of domestic
origin under section 661.11 of title 49, Code of Federal Regulations,
if the material inputs of such component or subcomponent were imported
into the United States and the processes performed in the United States
on the imported articles would not result in a change in the article's
classification to chapter 86 or 87 of the Harmonized Tariff Schedule of
the United States from another chapter or a new heading of any chapter
from the heading under which the article was classified upon entry.
``(s) Treatment of Steel and Iron Components as Produced in the
United States.--Notwithstanding any other provision of any law or any
rule, regulation, or policy of the Federal Transit Administration,
steel and iron components of a system, as defined in section 661.3 of
title 49, Code of Federal Regulations, and of manufactured end products
referred to in Appendix A of such section, may not be considered to be
produced in the United States unless such components meet the
requirements of section 661.5(b) of title 49, Code of Federal
Regulations.
``(t) Requirement for Transit Agencies.--Notwithstanding the
provisions of this section, if a transit agency accepts Federal funds,
such agency shall adhere to the requirements of this section in
procuring rolling stock.''.
(2) Clerical amendment.--The analysis for chapter 53 of title
49, United States Code, is amended by inserting before the item
relating to 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 ``5323(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, 2023,
section 5320(d)(5) shall not apply.
(5) Application of existing law.--During any periods
described in this subsection, the Secretary shall apply the
requirements of sections 5323(j) and 5323(m) of title 49,
United States Code, as in effect on the day before the date of
enactment of this Act, as applicable.
(e) Special Rule for Domestic Content.--
(1) In general.--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,
2021--
(A) if the delivery of the first production vehicle
occurs in fiscal year 2023 or fiscal year 2024, for
components that exceed 70 percent domestic content, the
Secretary shall add 20 additional percent to the
component's domestic content; and
(B) if the delivery of the first production vehicle
occurs in fiscal year 2025 or fiscal year 2026--
(i) 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
(ii) for components that exceed 75 percent
domestic content, the Secretary shall add 20
additional percent to the component's domestic
content.
(2) Contracts after october 1, 2021.--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, 2021 for a vehicle described in section
5339(c)(1)(D), and notwithstanding subsection (e)(1), if the
delivery of the first production vehicle occurs in fiscal year
2023 or 2024, for components that exceed 70 percent domestic
content, the Secretary shall add 30 additional percent to the
component's domestic content.
(3) Battery cells.--Paragraph (1) and paragraph (2) of this
subsection shall not apply to any contract for rolling stock if
the manufacturer of the rolling stock or the manufacturer of
the battery cells used for propulsion of the rolling stock is
an entity described in 49 USC 5323(u)(1) and (u)(2).
SEC. 2302. BUS PROCUREMENT STREAMLINING.
Section 5323 of title 49, United States Code, is amended by adding at
the end the following:
``(x) 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.''.
SEC. 2304. REPAYMENT REQUIREMENT.
(a) In General.--A transit agency shall repay into the general fund
of the Treasury any funds received from the Federal Transit
Administration under section 3401 of the American Rescue Plan Act of
2021 (Public Law 117-2) if the funds were used to award a contract or
subcontract to an entity for the procurement of rolling stock for use
in public transportation if the manufacturer of the rolling stock--
(1) is incorporated in or has manufacturing facilities in the
United States; and
(2) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation based
in a country that--
(A) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930
(19 U.S.C. 1677(18))) as of the date of enactment of
this subsection;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(b) Certification.--Not later than 60 days after the date of
enactment of this section, a transit agency that received funds
pursuant to the laws specified in subsection (a) shall certify that the
agency has not and shall not use such funds to purchase rolling stock
described in subsection (a).
SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR DISASTER.
(a) In General.--Section 5323 of title 49, United States Code, is
amended by adding at the end the following:
``(y) Urbanized Areas Following a Major Disaster.--
``(1) Defined term.--In this subsection, the term `decennial
census date' has the meaning given the term in section 141(a)
of title 13.
``(2) Urbanized area major disaster population criteria.--
Notwithstanding section 5302, for purposes of this chapter, the
Secretary shall treat an area as an urbanized area for the
period described in paragraph (3) if--
``(A) a major disaster was declared by the President
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170)
for the area during the 3-year period preceding the
decennial census date for the 2010 decennial census or
for any subsequent decennial census;
``(B) the area was defined and designated as an
`urbanized area' by the Secretary of Commerce in the
decennial census immediately preceding the major
disaster described in subparagraph (A); and
``(C) the population of the area fell below 50,000 as
a result of the major disaster described in
subparagraph (A).
``(3) Covered period.--The Secretary shall treat an area as
an urbanized area under paragraph (2) during the period--
``(A) beginning on--
``(i) in the case of a major disaster
described in paragraph (2)(A) that occurred
during the 3-year period preceding the
decennial census date for the 2010 decennial
census, October 1 of the first fiscal year that
begins after the date of enactment of this
subsection; or
``(ii) in the case of any other major
disaster described in paragraph (2)(A), October
1 of the first fiscal year--
``(I) that begins after the decennial
census date for the first decennial
census conducted after the major
disaster; and
``(II) for which the Secretary has
sufficient data from that census to
determine that the area qualifies for
treatment as an urbanized area under
paragraph (2); and
``(B) ending on the day before the first fiscal
year--
``(i) that begins after the decennial census
date for the second decennial census conducted
after the major disaster described in paragraph
(2)(A); and
``(ii) for which the Secretary has sufficient
data from that census to determine which areas
are urbanized areas for purposes of this
chapter.
``(4) Population calculation.--An area treated as an
urbanized area under this subsection shall be assigned the
population and square miles of the urbanized area designated by
the Secretary of Commerce in the most recent decennial census
conducted before the major disaster described in paragraph
(2)(A).
``(5) Savings provision.--Nothing in this subsection may be
construed to affect apportionments made under this chapter
before the date of enactment of this subsection.''.
(b) Amendment Takes Effect on Enactment.--Notwithstanding section
1001, the amendment made by subsection (a) shall take effect on the
date of enactment of this Act.
SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK PROCUREMENTS.
(a) Certification.--Section 5323(u)(4) of title 49, United States
Code, is amended--
(1) in subparagraph (A) in the heading by striking ``rail'';
and
(2) by adding at the end the following:
``(C) Nonrail rolling stock.--Notwithstanding
subparagraph (B) of paragraph (5), as a condition of
financial assistance made available in a fiscal year
under section 5339, a recipient shall certify in that
fiscal year that the recipient will not award any
contract or subcontract for the procurement of rolling
stock for use in public transportation with a rolling
stock manufacturer described in paragraph (1).''.
(b) Special Rule.--Section 5323(u)(5)(A) of title 49, United States
Code, is amended by striking ``made by a public transportation agency
with a rail rolling stock manufacturer described in paragraph (1)'' and
all that follows through the period at the end and inserting ``as of
December 20, 2019, including options and other requirements tied to
these contracts or subcontracts, made by a public transportation agency
with a restricted rail rolling stock manufacturer.''.
SEC. 2307. SPARE RATIO WAIVER.
Section 5323 of title 49, United States Code, is further amended by
adding at the end the following:
``(z) Spare Ratio Waiver.--The Federal Transit Administration shall
waive spare ratio policies for rolling stock found in FTA Grant
Management Requirements Circular 5010.1, FTA Circular 9030.1 providing
Urbanized Area Formula Program guidance, and other guidance documents
for 2 years from the date of enactment of the INVEST in America Act.''.
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
``2023 through 2026'';
(C) by striking ``$1,750,000'' and inserting
``$3,000,000''; and
(D) by striking ``$500,000'' and inserting
``$750,000'';
(5) in paragraph (7) by adding at the end the following:
``(C) Special rule for buses and related equipment
for zero emission vehicles.--Notwithstanding
subparagraph (A), a grant for a capital project for
buses and related equipment for hybrid electric buses
that make meaningful reductions in energy consumption
and harmful emissions, including direct carbon
emissions, and zero emission vehicles under this
subsection shall be for 90 percent of the net capital
costs of the project. A recipient of a grant under this
subsection may provide additional local matching
amounts.'';
(6) in paragraph (8)--
(A) by striking ``3 fiscal years'' and inserting ``4
fiscal years''; and
(B) by striking ``3-fiscal-year period'' and
inserting ``4-fiscal-year period''; and
(7) 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.'';
(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 that, in whole or in
part, encroaches within the limits of a flood-
prone area, the extent to which the facility is
designed and constructed in a way that takes
into account, and mitigates where appropriate,
flood risk; 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.''; and
(4) in paragraph (6) by striking subparagraph (B) and
inserting the following:
``(B) Government share of costs.--
``(i) In general.--The Government share of
the cost of an eligible project carried out
under this subsection shall not exceed 80
percent.
``(ii) Special rule for buses and related
equipment for zero emission vehicles.--
Notwithstanding clause (i), the Government
share of the cost of an eligible project for
the financing of buses and related equipment
for hybrid electric buses that make meaningful
reductions in energy consumption and harmful
emissions, including direct carbon emissions,
and zero emission vehicles shall not exceed 90
percent.''.
SEC. 2403. ZERO EMISSION BUS GRANTS.
(a) In General.--Section 5339(c) of title 49, United States Code, is
amended--
(1) in the heading by striking ``Low or No Emission Grants''
and inserting ``Zero Emission Grants'';
(2) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i) by
striking ``in an eligible area'';
(ii) in clause (i) by striking ``low or no
emission'' and inserting ``zero emission'';
(iii) in clause (ii) by striking ``low or no
emission'' and inserting ``zero emission'';
(iv) in clause (iii) by striking ``low or no
emission'' and inserting ``zero emission'';
(v) in clause (iv) by striking ``facilities
and related equipment for low or no emission''
and inserting ``related equipment for zero
emission'';
(vi) in clause (v) by striking ``facilities
and related equipment for low or no emission
vehicles;'' and inserting ``related equipment
for zero emission vehicles; or'';
(vii) in clause (vii) by striking ``low or no
emission'' and inserting ``zero emission'';
(viii) by striking clause (vi); and
(ix) 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;'';
(D) in subparagraph (F) by striking ``and'' at the
end;
(E) by striking subparagraph (G) and inserting the
following:
``(G) the term `priority area' means an area that
is--
``(i) designated as a nonattainment area for
ozone or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C.
7407(d));
``(ii) a maintenance area, as such term is
defined in section 5303, for ozone or
particulate matter; or
``(iii) in a State that has enacted a
statewide zero emission bus transition
requirement, as determined by the Secretary;
and''; and
(F) by adding at the end the following:
``(H) the term `low-income community' means any
population census tract if--
``(i) the poverty rate for such tract is at
least 20 percent; or
``(ii) in the case of a tract--
``(I) not located within a
metropolitan area, the median family
income for such tract does not exceed
80 percent of statewide median family
income; or
``(II) located within a metropolitan
area, the median family income for such
tract does not exceed 80 percent of the
greater statewide median family income
or the metropolitan area median family
income.'';
(3) in paragraph (3)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph
(B);
(4) 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 equipment
for zero-emission buses or zero-emission buses--
``(A) that procure--
``(i) at least 10 zero emission buses;
``(ii) if the recipient operates less than 50
buses in peak service, at least 5 zero emission
buses; or
``(iii) hydrogen buses;
``(B) for which the recipient's board of directors
has approved a long-term integrated fleet management
plan that--
``(i) establishes--
``(I) a goal by a set date to convert
the entire bus fleet to zero emission
buses; or
``(II) 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
``(ii) examines the impact of the transition
on the applicant's current workforce, by
identifying skills gaps, training needs, and
retraining needs of the existing workers of
such applicant to operate and maintain zero-
emission vehicles and related infrastructure,
and avoids the displacement of the existing
workforce; 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.'';
(5) in paragraph (7)(A) by striking ``80'' and inserting
``90''; and
(6) by adding at the end the following:
``(8) Low and moderate community grants.--Not less than 10
percent of the amounts made available under this subsection in
a fiscal year shall be distributed to projects serving
predominantly low-income communities.
``(9) Priority set-aside.--Of the amounts made available
under this subsection in a fiscal year, not less than--
``(A) 20 percent shall be distributed to applicants
in priority areas; and
``(B) 10 percent shall be distributed to applicants
not located in priority areas whose board of directors
have approved a long-term integrated fleet management
plan that establishes a goal to convert 100 percent of
their bus fleet to zero-emission buses within 15
years.''.
(b) Metropolitan Transportation Planning.--Section 5303(b) of title
49, United States Code, is amended by adding at the end the following:
``(9) 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 at least 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), using the data
from the 20 percent of eligible recipients and
subrecipients.
``(4) Rural allocation.--The Secretary shall--
``(A) calculate the percentage of funds under section
5338(a)(2)(L)(ii) to allocate to rural subrecipients by
dividing--
``(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
2023 and fiscal year 2024.
``(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.''.
SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS.
Section 5339 of title 49, United States Code, is amended by adding at
the end the following:
``(e) Workforce Development Training Grants.--
``(1) In general.--Not less than 12.5 percent of funds
authorized to be made available for subsection (c) shall be
available to fund workforce development training eligible under
section 5314(b)(2) (including registered apprenticeships and
other labor-management training programs), related to
operations or maintenance of zero emission vehicles.
``(2) Eligible recipients.--Recipients eligible under
subsection (c) shall be eligible to receive a grant under this
subsection.
``(3) Federal share.--The Federal share of the cost of an
eligible project carried out under this subsection shall be 100
percent.
``(4) Prioritization.--In making grants under this
subsection, the Secretary shall prioritize applications that
jointly fund training as part of a vehicle procurement
application under subsection (c).''.
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.
``(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.
``(E) A plan for a public awareness campaign of the
transit agency's ability to provide reduced fares,
including in foreign languages, based on--
``(i) data from the Bureau of the Census,
consistent with the local area demographics
where the transit agency operates, including
the languages that are most prevalent and
commonly requested for translation services; or
``(ii) qualitative and quantitative
observation from community service providers
including those that provide health and mental
health services, social services,
transportation, and other relevant social
services.
``(F) Projected impacts on ridership.
``(G) Projected benefits in closing transit equity
gaps.
``(H) Projected impact on the ability of students to
access education or workforce training programs.
``(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) Rule of construction.--Nothing in this section shall be
construed to limit the eligibility of an applicant if a State,
local, or Tribal governmental entity provides reduced fare
transportation to low-income individuals.
``(8) 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;
``(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
``(VIII) a Federal Pell Grant under
section 401 of the Higher Education Act
of 1965 (20 U.S.C. 1070a);
``(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; or
``(iii) that is a low-income veteran or
member of the military.
``(9) Report.--The Secretary shall designate a university
transportation center under section 5505 to collaborate with
the eligible entities receiving a grant under this subsection
to collect necessary data to evaluate the effectiveness of
meeting the targets described in the application of such
recipient, including increased ridership, impacts on fare
evasion, and progress towards significantly closing transit
equity gaps.''.
SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING.
(a) Best Practices.--
(1) In general.--
(A) Assistance to providers of public transit.--Not
later than 180 days after the date of enactment of this
Act, the Secretary of Transportation shall issue
nonbinding best practices to assist providers of public
transportation in setting the threshold for a major
service change as described in Circular 4702.1B of the
Federal Transit Administration.
(B) Specific providers of public transit.--For the
purposes of this section, the term ``providers of
public transportation'' means providers that operate 50
or more fixed route vehicles in peak service and are
located in an urbanized area of 200,000 or more in
population.
(2) Best practices.--In developing the best practices
described in paragraph (1), the Secretary--
(A) shall issue specific recommendations for setting
the threshold of a major service change, which shall
include, at a minimum, recommendations related to--
(i) changes in hours of operations, including
consideration of changes during nonpeak hours;
(ii) changes in the frequency of service;
(iii) changes in coverage, including the
opening and closing of stations and stops and
the changing of routes; and
(iv) the use of route-specific analyses in
addition to service-area level analyses;
(B) shall recommend specific percentage change
standards for the elements described in clauses (i),
(ii), and (iii) of subparagraph (A) to assist providers
of public transportation in setting the threshold for a
major service change in a manner that ensures
meaningful analyses and the provision of equitable
service; and
(C) may issue different best practices for providers
of public transportation of different sizes and service
types.
(b) Transit Cooperative Research Program Report.--
(1) Review.--Not later than 3 years after the issuance of the
best practices described in subsection (a), the Transit
Cooperative Research Program of the National Academy of
Sciences shall conduct a review of the manner in which
providers of public transportation define the threshold for a
major service change for purposes of compliance with Circular
4702.1B of the Federal Transit Administration, including--
(A) a survey of the standards used by providers of
public transportation to define the threshold for a
major service change;
(B) a review of the differences in standards used to
define the threshold for a major service change for
providers of public transportation of different sizes
and service types;
(C) information on the considerations used by
providers of public transportation when defining the
threshold for a major service change; and
(D) the extent to which providers of public
transportation are using the best practices described
in subsection (a).
(2) Report.--After the completion of the review described in
paragraph (1), the National Academy of Sciences shall issue a
report on the findings of the review and submit such report to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the provision of fare-free transit service in the
United States, including an assessment of--
(1) the extent to which fare-free transit is available in the
United States; and
(2) the potential impacts of fare-free transit, which may
include--
(A) increased transit ridership;
(B) improved access to transportation for low-income
riders and marginalized communities;
(C) improved access to jobs and services;
(D) enhanced equity of the surface transportation
system;
(E) reductions in disputes or law enforcement actions
related to transit fares;
(F) environmental impacts;
(G) safety considerations; and
(H) the challenges of replacing farebox revenue.
(b) Report.--Not later than 1 year after the date of the 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 Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study conducted under subsection
(a).
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 enter
into a cooperative agreement with a nonprofit
organization with a demonstrated capacity to develop
and provide transit career pathway programs through
labor-management partnerships and registered
apprenticeships on a nationwide basis, in order to
carry out the duties under subparagraph (B). The Center
shall be dedicated to the needs of the frontline
transit workforce in both rural and urban transit
systems by providing training in the maintenance and
operations occupations based on industry best
practices.
``(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, skills,
competencies, and recognized
postsecondary credentials in
partnership with industry stakeholders
for key frontline transit occupations
with demonstrated skill gaps;
``(II) developing recommendations and
best practices for curriculum and
recognized postsecondary credentials,
including related instruction and on-
the-job learning for registered
apprenticeship programs 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, competencies,
and recognized postsecondary
credentials 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 and competencies 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 programs
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;
``(VIII) in collaboration with the
Administrator of the Federal Transit
Administration, the Bureau of Labor
Statistics, the Employment and Training
Adminstration, 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;
and
``(IX) providing culturally competent
training and educational programs to
all who participate, regardless of
gender, sexual orientation, or gender
identity, including those with limited
English proficiency, diverse cultural
and ethnic backgrounds, and
disabilities.
``(C) Coordination.--The Secretary shall coordinate
activities under this section, to the maximum extent
practicable, with the Employment and Training
Administration, including the National Office of
Apprenticeship of the Department of Labor and the
Office of Career, Technical, and Adult Education of the
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, 5337, and 5339 and not more than
2 percent of amounts made available to a
recipient under section 5311 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.
``(iii) Limitation.--Any funds made available
under this section that are used to fund an
apprenticeship or apprenticeship program shall
only be used for, or provided to, a registered
apprenticeship program, including any funds
awarded for the purposes of grants, contracts,
or cooperative agreements, or the development,
implementation, or administration, of an
apprenticeship or an apprenticeship program.
``(E) Definitions.--In this paragraph:
``(i) Career pathway.--The term `career
pathway' has the meaning given such term in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(ii) Recognized postsecondary credential.--
The term `recognized postsecondary credential'
has the meaning given such term in section 3 of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
``(iii) Registered apprenticeship program.--
The term `registered apprenticeship program'
means an apprenticeship program registered with
the Department of Labor or a Federally-
recognized State Apprenticeship Agency and that
complies with the requirements under parts 29
and 30 of title 29, Code of Federal
Regulations, as in effect on January 1,
2019.'';
(2) in paragraph (3) by striking ``or (2)''; and
(3) by striking paragraph (4).
SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C)(ii)--
(A) in subclause (I) by striking ``and'' at the end;
(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, and a reduction in
visibility impairments that contribute
to pedestrian fatalities;'';
(2) in subsection (b)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by adding after subparagraph (C) the following:
``(D) in consultation with the Secretary of the
Department of Health and Human Services, precautionary
and reactive actions required to ensure public and
personnel safety and health during an emergency as
defined in section 5324;''.
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``the
safety committee established under 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, fatalities, and, consistent with
guidelines by the Centers for Disease Control
and Prevention, infectious diseases, and
strategies to minimize the exposure of
property'';
(iii) in subparagraph (F) by striking ``and''
at the end; and
(iv) 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;
``(H) a requirement that the safety committee only
approve a safety plan under subparagraph (A) if such
plan stays within such recipient's fiscal budget; and
``(I) a risk reduction program for transit operations
to improve safety by reducing the number and rates of
accidents, injuries, and assaults on transit workers
using data submitted to the National Transit Database,
including--
``(i) a reduction of vehicular and pedestrian
accidents involving buses that includes
measures to reduce visibility impairments for
bus operators that contribute to accidents,
including retrofits to buses in revenue service
and specifications for future procurements that
reduce visibility impairments; and
``(ii) transit worker assault mitigation,
including 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 when a recipient's risk
analysis performed by the safety committee
established in paragraph (4) determines that
such barriers or other measures would reduce
assaults on and injuries to transit workers.'';
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 or if
applicable a contractor to the recipient; and
``(B) employer or State representatives.''; and
(4) in subsection (e)(4)(A)(v) by inserting ``, inspection,''
after ``has investigative''.
SEC. 2603. INNOVATION WORKFORCE STANDARDS.
(a) Prohibition on Use of Funds.--No financial assistance under
chapter 53 of title 49, United States Code, may be used for--
(1) an automated vehicle providing public transportation
unless--
(A) 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 eliminate
or reduce the frequency of existing public
transportation service; and
(B) the Secretary receives, approves, and publishes
the workforce development plan under subsection (b)
submitted by the eligible entity when required by
subsection (b)(1); and
(2) a mobility on demand service unless--
(A) the recipient of such assistance that proposes to
deploy a mobility on demand service certifies to the
Secretary that the service meets the criteria under
section 5307, 5310, 5311, 5312, or 5316 of title 49,
United States Code; and
(B) the Secretary receives, approves, and publishes
the workforce development plan under subsection (b)
submitted by the eligible entity when required by
subsection (b)(1).
(b) Workforce Development Plan.--
(1) In general.--A recipient of financial assistance under
chapter 53 of title 49, United States Code, proposing to deploy
an automated vehicle providing public transportation or
mobility on demand service 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 or mobility on demand service
offered by such recipient, would exceed more than 0.5 percent
of the recipient's total annual 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
conventional modes of public transportation in the area
served by the recipient that could be affected by the
proposed automated vehicle providing public
transportation or mobility on demand service, including
jobs and functions of such jobs.
(B) A forecast of the number of jobs provided by
existing conventional modes of public transportation
that would be eliminated or that would be substantially
changed and the number of jobs expected to be created
by the proposed automated vehicle providing public
transportation or mobility on demand service over a 5-
year period from the date of the publication of the
workforce development plan.
(C) Identified gaps in skills needed to operate and
maintain the proposed automated vehicle providing
public transportation or mobility on demand service.
(D) A comprehensive plan to transition, train, or
retrain employees that could be affected by the
proposed automated vehicle providing public
transportation or mobility on demand service.
(E) An estimated budget to transition, train, or
retrain employees impacted by the proposed automated
vehicle providing public transportation or mobility on
demand service over a 5-year period from the date of
the publication of the workforce development plan.
(c) Notice Required.--
(1) In general.--A recipient of financial 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 or mobility on demand service,
may be subjected to a loss of employment or a change in
responsibilities not later than 60 days before signing a
contract for such service or procurement. A recipient shall
provide employees copies of a request for a proposal related to
an automated vehicle providing public transportation or
mobility on demand services at the time such request is issued.
(2) Content.--The notice required in paragraph (1) shall
include the following:
(A) A description of the automated vehicle providing
public transportation or mobility on demand service.
(B) The impact of the automated vehicle providing
public transportation or mobility on demand service on
employment positions, 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) Mobility on demand.--The term ``mobility on demand'' has
the meaning given such term in section 5316 of title 49, United
States Code.
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(e) Savings Clause.--Nothing in this section shall prohibit the use
of funds for an eligible activity or pilot project of a covered
recipient authorized under current law prior to the date of enactment
of this Act.
SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.
Section 5329(d)(2) of title 49, United States Code, is amended to
read as follows:
``(2) Safety committee performance measures.--
``(A) In general.--The safety committee described in
paragraph (4) shall establish performance measures for
the risk reduction program in paragraph (1)(I) using a
3-year rolling average of the data submitted by the
recipient to the National Transit Database.
``(B) Safety set aside.--With respect to a recipient
serving an urbanized area that receives funds under
section 5307, such recipient shall allocate not less
than 0.75 percent of such funds to projects eligible
under section 5307.
``(C) Failure to meet performance measures.--Any
recipient that receives funds under section 5307 that
does not meet the performance measures established in
subparagraph (A) shall allocate the amount made
available in subparagraph (B) in the following fiscal
year to projects described in subparagraph (D).
``(D) Eligible projects.--Funds set aside under this
paragraph shall be used for projects that are
reasonably likely to meet the performance measures
established in subparagraph (A), including
modifications to rolling stock and de-escalation
training.''.
SEC. 2605. U.S. EMPLOYMENT PLAN.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. U.S. Employment Plan
``(a) Definitions.--In this section:
``(1) Commitment to high-quality career and business
opportunities.--The term `commitment to high-quality career and
business opportunities' means participation in a registered
apprenticeship program.
``(2) Covered infrastructure program.--The term `covered
infrastructure program' means any activity under a program or
project under this chapter for the purchase or acquisition of
rolling stock.
``(3) U.S. employment plan.--The term `U.S. Employment Plan'
means a plan under which an entity receiving Federal assistance
for a project under a covered infrastructure program shall--
``(A) include in a request for proposal an
encouragement for bidders to include, with respect to
the project--
``(i) high-quality wage, benefit, and
training commitments by the bidder and the
supply chain of the bidder for the project; and
``(ii) a commitment to recruit and hire
individuals described in subsection (e) if the
project results in the hiring of employees not
currently or previously employed by the bidder
and the supply chain of the bidder for the
project;
``(B) give preference for the award of the contract
to a bidder that includes the commitments described in
clauses (i) and (ii) of subparagraph (A); and
``(C) ensure that each bidder that includes the
commitments described in clauses (i) and (ii) of
subparagraph (A) that is awarded a contract complies
with those commitments.
``(4) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program registered under the Act of August 16, 1937 (commonly
known as the `National Apprenticeship Act'; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.), including any requirement,
standard, or rule promulgated under such Act, as such
requirement, standard, or rule was in effect on December 30,
2019.
``(b) Best-Value Framework.--To the maximum extent practicable, a
recipient of assistance under a covered infrastructure program is
encouraged--
``(1) to ensure that each dollar invested in infrastructure
uses a best-value contracting framework to maximize the local
value of federally funded contracts by evaluating bids on price
and other technical criteria prioritized in the bid, such as--
``(A) equity;
``(B) environmental and climate justice;
``(C) impact on greenhouse gas emissions;
``(D) resilience;
``(E) the results of a 40-year life-cycle analysis;
``(F) safety;
``(G) commitment to creating or sustaining high-
quality job opportunities affiliated with registered
apprenticeship programs (as defined in subsection
(a)(3)) for disadvantaged or underrepresented
individuals in infrastructure industries in the United
States; and
``(H) access to jobs and essential services by all
modes of travel for all users, including individuals
with disabilities; and
``(2) to ensure community engagement, transparency, and
accountability in carrying out each stage of the project.
``(c) Preference for Registered Apprenticeship Programs.--To the
maximum extent practicable, a recipient of assistance under a covered
infrastructure program, with respect to the project for which the
assistance is received, shall give preference to a bidder that
demonstrates a commitment to high-quality job opportunities affiliated
with registered apprenticeship programs.
``(d) Use of U.S. Employment Plan.--Notwithstanding any other
provision of law, in carrying out a project under a covered
infrastructure program that receives assistance under this chapter, the
recipient shall use a U.S. Employment Plan for each contract of
$10,000,000 or more for the purchase of manufactured goods or of
services, based on an independent cost estimate.
``(e) Priority.--The Secretary shall ensure that the entity carrying
out a project under the covered infrastructure program gives priority
to--
``(1) individuals with a barrier to employment (as defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), including ex-offenders and disabled individuals;
``(2) veterans; and
``(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure workforce,
such as women and racial and ethnic minorities.
``(f) Report.--Not less frequently than once each fiscal year, the
Secretary shall jointly submit to Congress a report describing the
implementation of this section.
``(g) Intent of Congress.--
``(1) In general.--It is the intent of Congress--
``(A) to encourage recipients of Federal assistance
under covered infrastructure programs to use a best-
value contracting framework described in subsection (b)
for the purchase of goods and services;
``(B) to encourage recipients of Federal assistance
under covered infrastructure programs to use
preferences for registered apprenticeship programs as
described in subsection (c) when evaluating bids for
projects using that assistance;
``(C) to require that recipients of Federal
assistance under covered infrastructure programs use
the U.S. Employment Plan in carrying out the project
for which the assistance was provided; and
``(D) that full and open competition under covered
infrastructure programs means a procedural competition
that prevents corruption, favoritism, and unfair
treatment by recipient agencies.
``(2) Inclusion.--A best-value contracting framework
described in subsection (b) is a framework that authorizes a
recipient of Federal assistance under a covered infrastructure
program, in awarding contracts, to evaluate a range of factors,
including price, the quality of products, the quality of
services, and commitments to the creation of good jobs for all
people in the United States.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by adding at the end the following:
``5341. U.S. Employment Plan.''.
SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
Section 5314(a) of title 49, United States Code, is amended--
(1) in paragraph (2) by inserting after subparagraph (H) (as
added by section 2104 of this Act) the following:
``(I) provide innovation and capacity-building to
rural and tribal public transportation recipients that
do not duplicate the activities of sections 5311(b) or
5312; and''; and
(2) by adding at the end the following:
``(4) Availability of amounts.--Of the amounts made available
to carry out this section under section 5338(a)(2)(G)(i),
$1,500,000 shall be available to carry out activities described
in paragraph (2)(I).''.
SEC. 2607. RESILIENT PUBLIC TRANSPORTATION STUDY.
(a) Study.--The Secretary of Transportation shall conduct a study on
resilience planning and innovative resilience strategies for public
transportation and shared mobility.
(b) Contents.--In carrying out the study under subsection (a), the
Secretary shall assess--
(1) best practices for making public transportation more
resilient to external shocks, such as pandemics and natural
hazards; and
(2) new materials and technologies that may improve the
resilience of public transportation and shared mobility,
including innovative transit vehicles, emerging electric
vehicle chassis platforms, and smart air quality control
systems.
(c) Partnerships.--In carrying out the study under subsection (a),
the Secretary shall consult with institutions of higher education, as
such term is defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001), academic experts, and nonprofit organizations with
expertise in engineering, travel behavior, artificial intelligence,
policy analysis, planning, public healthy and safety, and social and
racial equity.
(d) 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 containing
the results of the study conducted under subsection (a).
Subtitle G--Transit-Supportive Communities
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5327 the following:
``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, local governmental authority, or
metropolitan planning organization to assist in financing
comprehensive planning associated with an eligible project that
seeks to--
``(A) enhance economic development, ridership,
equity, reduction of greenhouse gas emissions, or 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, local governmental authority, or
metropolitan planning organization 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 advance
equity and reduce and mitigate social and economic
impacts on existing residents and businesses and
communities historically excluded from economic
opportunities 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 States, local governmental authorities, and metropolitan
planning organizations 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) Value Capture Policy Requirements.--
``(1) Value capture policy.--Not later than October 1 of the
fiscal year that begins 2 years after the date of enactment of
this section, the Secretary, in collaboration with State
departments of transportation, metropolitan planning
organizations, and regional council of governments, shall
establish voluntary and consensus-based value capture
standards, policies, and best practices for State and local
value capture mechanisms that promote greater investments in
public transportation and affordable transit-oriented
development.
``(2) Report.--Not later than 15 months after the date of
enactment of this section, the Secretary shall make available
to the public a report cataloging examples of State and local
laws and policies that provide for value capture and value
sharing that promote greater investment in public
transportation and affordable transit-oriented development.
``(e) 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;
``(5) fostering economic development opportunities for
existing residents and businesses; and
``(6) targeting affordable housing that help lessen
homelessness.
``(f) 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.
``(g) 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.
``(h) Reporting.--Not later than February 1 of each year beginning
the year after the date of enactment of this section, the Secretary
shall prepare a report detailing the grants and technical assistance
provided under this section, the number of affordable housing units
constructed or planned as a result of projects funded in this section,
and the number of affordable housing units constructed or planned as a
result of a property transfer under section 5334(h)(1). The report
shall be provided to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
``(i) Savings Clause.--Nothing in this section authorizes the
Secretary to provide any financial assistance for the construction of
housing.
``(j) Priority for Low-Income Areas.--In awarding grants under this
section, the Secretary shall give priority to projects under this
section that expand or build transit in low-income areas or that
provide access to public transportation to low-income areas that do not
have access to public transportation.''.
(b) Clerical Amendment.--The analysis for chapter 53 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 40 percent of the housing
units offered in the transit-oriented
development, including housing units owned by
nongovernmental entities, are legally binding
affordability restricted to tenants with
incomes at or below 60 percent of the area
median income and/or owners with incomes at or
below 60 percent the area median income;
``(iv) the asset will remain in use as
described in this section for at least 30 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;
``(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; and
``(III) the third party has
demonstrated a satisfactory history of
construction or operating an affordable
housing development.''.
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is further 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 5 percentage points
greater to the economic development criterion
and 5 percentage points lesser to the lowest
scoring criterion 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) 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) by adding at the end the following:
``(E) 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 passenger boarding,
alighting, and securement consistent 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 consistent 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 three 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.
``(6) Rule of construction.--Nothing in this subsection may
be construed to allow the Secretary to waive any requirement
under any other provision of Federal law.''.
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 (including in the heading); and
(E) in paragraph (5)(A) by striking ``low or no
emission'' and inserting ``zero emission''.
SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT BUS DEVELOPMENT
PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a
national advanced technology transit bus development program to
facilitate the development and testing of commercially viable advanced
technology transit buses that do not exceed a Level 3 automated driving
system and related infrastructure.
(b) Authorization.--There shall be available $20,000,000 for each of
fiscal years 2022 through 2026.
(c) Grants.--The Secretary may enter into grants, contracts, and
cooperative agreements with no more than three geographically diverse
nonprofit organizations and recipients under chapter 53 of title 49,
United States Code, to facilitate the development and testing of
commercially viable advance technology transit buses and related
infrastructure.
(d) Considerations.--
(1) In general.--The Secretary shall consider the
applicant's--
(A) ability to contribute significantly to furthering
advanced technologies as it relates to transit bus
operations, including advanced driver assistance
systems, automatic emergency braking, accessibility,
and energy efficiency;
(B) financing plan and cost share potential;
(C) technical experience developing or testing
advanced technologies in transit buses;
(D) commitment to frontline worker involvement; and
(E) other criteria that the Secretary determines are
necessary to carry out the program.
(2) Rule of construction.--Nothing in this subsection may be
construed to allow the Secretary to waive any requirement under
any other provision of Federal law.
(e) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under the program.
Grant recipients shall be selected on a competitive basis. The
Secretary shall give priority consideration to applicants that have
successfully managed advanced transportation technology projects,
including projects related to public transportation operations for a
period of not less than 5 years.
(f) Consortia.--As a condition of receiving an award in (c), the
Secretary shall ensure--
(1) that the selected non-profit recipients subsequently
establish a consortia for each proposal submitted, including
representatives from a labor union, transit agency, an FTA-
designated university bus and component testing center, a Buy
America compliant transit bus manufacturer, and others as
determined by the Secretary;
(2) that no proposal selected would decrease workplace or
passenger safety; and
(3) that no proposal selected would undermine the creation of
high-quality jobs or workforce support and development
programs.
(g) Federal Share.--The Federal share of costs of the program shall
be provided from funds made available to carry out this section. The
Federal share of the cost of a project carried out under the program
shall not exceed 80 percent of such cost.
SEC. 2806. PUBLIC TRANSPORTATION INNOVATION.
Section 5312(h)(2) of title 49, United States Code, is amended by
striking subparagraph (G).
SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND REUSE.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall issue regulations that,
notwithstanding any other provision of law, allow recipients of funds
under chapter 53 of title 49, United States Code, at the option of the
recipient, to repurpose, recycle, reuse, sell, or lease transit vehicle
batteries that are beyond the useful service life of such batteries for
the purpose of transit vehicle propulsion and component parts of such
batteries.
(b) Considerations.--In issuing regulations under subsection (a), the
Secretary shall prioritize second life applications that--
(1) maximize the full use of transit vehicle batteries beyond
the useful life of such batteries for transit vehicle
propulsion and component parts of such batteries;
(2) enhance the reuse and recycling of transit vehicle
batteries, components, and component critical minerals of such
batteries;
(3) reduce costs for recipients;
(4) create new streams of revenue for recipients;
(5) support the provision of zero emission public
transportation service, which may include the use of wayside
charging; and
(6) enhance the resilience of public transportation and the
electric vehicle supply equipment network, which may include
the use of batteries for energy storage.
(c) Second Life Applications Defined.--In this section, the term
``second life applications'' means the repurposing, recycling, reuse,
sale, or leasing of a transit vehicle battery that is beyond the useful
service life for the purpose of transit vehicle propulsion and
component parts of such battery, but that retains utility for other
applications.
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 (e)(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,
2022, 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 consulted
with any modifications to the Code of Ethics by the Board.
``(e) Authorizations.--
``(1) In general.--There are authorized to be appropriated to
the Secretary of Transportation for grants under this section--
``(A) for fiscal year 2022, $150,000,000;
``(B) for fiscal year 2023, $155,000,000;
``(C) for fiscal year 2024, $160,000,000;
``(D) for fiscal year 2025, $165,000,000;
``(E) for fiscal year 2026, $170,000,000;
``(F) for fiscal year 2027, $175,000,000;
``(G) for fiscal year 2028, $180,000,000;
``(H) for fiscal year 2029, $185,000,000;
``(I) for fiscal year 2030, $190,000,000; and
``(J) for fiscal year 2031, $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 5338(a)(2)(C)'' and inserting ``section
5338(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
2023;
``(B) $61,856,134 shall be set aside in fiscal year
2024;
``(C) $62,845,832 shall be set aside in fiscal year
2025; and
``(D) $63,832,511 shall be set aside in fiscal year
2026;'';
(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) in paragraph (7)--
(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'';
(B) by striking paragraph (6); and
(C) by redesignating paragraph (7), as so amended, as
paragraph (6);
(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:
``(4) Cost-share incentives.--For a project for which a lower
CIG cost share is elected by the applicant under subsection
(l)(1)(C), the Secretary shall apply the following requirements
and 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; and
``(iii) an applicant certifies that local
resources are available to recapitalize,
maintain, and operate the overall existing and
proposed public transportation system,
including essential feeder bus and other
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, or
that the annual operating cost of the proposed
project does not exceed 5 percent of the annual
cost to operate and maintain the overall public
transportation system of the applicant.
``(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.''.
(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 ``to carry out
this subsection.'' 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 inserting ``, except that for
a project for which a lower local cost share is elected
under subsection (l)(1)(C), the Secretary shall enter
into a grant agreement under this subsection for any
such project that establishes contingency amounts that
the applicant determines to be reasonable to cover
unanticipated cost increases or funding shortfalls''
before the period at the end; and
(B) in paragraph (7)(C) by striking ``10 days'' and
inserting ``3 days'';
(9) by striking subsection (i) and inserting the following:
``(i) Interrelated Projects.--
``(1) Ratings improvement.--The Secretary shall grant a
rating increase of 1 level in mobility improvements to any
project being rated under 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 one of the following criteria:
``(i) Extends the corridor of the project
being rated in subsection (d), (e), or (h),
respectively.
``(ii) Provides a direct passenger transfer
to the project being rated in subsection (d),
(e), or (h), respectively.'';
(10) in subsection (k)--
(A) in paragraph (2)(D) by adding at the end the
following:
``(v) Local funding commitment.-- For a
project for which a lower CIG cost share is
elected by the applicant under subsection
(l)(1)(C), the Secretary shall enter into a
full funding grant agreement that has at least
75 percent of local financial commitment
committed and the remaining percentage budgeted
for the proposed purposes.''; and
(B) in paragraph (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 cig cost
share.--An applicant may elect a lower local CIG cost
share for a project under this section for purposes of
application of the cost-share incentives under
subsection (f)(3). Such cost share shall not exceed 60
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) and inserting the
following:
``(8) Contingency share.--The Secretary shall provide funding
for the contingency amount equal to the proportion of the CIG
cost share. If the Secretary increases the contingency amount
after a project has received a letter of no prejudice or been
allocated appropriated funds, the federal share of the
additional contingency amount shall be 25 percent higher than
the original proportion the CIG cost share and in addition to
the grant amount set in subsection (k)(2)(C)(ii).'';
(12) in subsection (o) by adding at the end the following:
``(4) CIG program dashboard.--Not later than the fifth day of
each month, the Secretary shall make publicly available on a
website data on, 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.
``(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);
(2) in paragraph (1) by striking ``and'' at the end; and
(3) 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 and State 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, in coordination with project partners, will
use to quantify actual outcomes against expected
outcomes, including--
``(i) changes to transportation expenditures
as a result of improved coordination;
``(ii) changes to healthcare expenditures
provided by projects partners as a result of
improved coordination; and
``(iii) changes to health care metrics,
including aggregate health outcomes provided by
projects partners.
``(D) Eligible uses.--Eligible recipients receiving a
grant under this section may use such funds for--
``(i) the deployment of coordination
technology;
``(ii) projects that create or increase
access to community One-Call/One-Click Centers;
``(iii) projects that coordinate
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.
``(E) Consultation.--In evaluating the performance
metrics described in subparagraph (C), the Secretary
shall consult with the Secretary of Health and Human
Services.
``(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, as described in paragraph
(1)(B)(ii), 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 and State
healthcare expenditures using the metrics
described in subparagraph (F).
``(iii) The reduced private healthcare
expenditures using the metrics described in
subparagraph (F).
``(F) Healthcare metrics.--Healthcare metrics
described in this subparagraph shall be--
``(i) reducing missed medical appointments;
``(ii) the timely discharge of patients from
hospitals;
``(iii) preventing hospital admissions and
reducing readmissions of patients into
hospitals; and
``(iv) other measureable healthcare metrics,
as determined appropriate by the Secretary, in
consultation with the Secretary of Health and
Human Services.
``(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.
``(I) Consultation.--In evaluating the health care
metrics described in subparagraph (F), the Secretary
shall consult with the Secretary of Health and Human
Services.
``(J) Annual grantee report.--Each grantee shall
submit a report, in coordination with the project
partners of such grantee, that includes an evaluation
of the outcomes of the grant awarded to such grantee,
including the performance measures.
``(3) Report.--The Secretary shall make 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 in consultation with the Secretary of Health and
Human Services.
``(4) Federal share.--
``(A) In general.--The Federal share of the costs of
a project carried out under this subsection shall not
exceed 80 percent.
``(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.''.
SEC. 2915. PASSENGER FERRY GRANTS.
Section 5307(h) of title 49, United States Code, is amended by adding
at the end the following paragraph:
``(4) Zero-emission or reduced-emission grants.--
``(A) Definitions.--In this paragraph--
``(i) the term `eligible project' means a
project or program of projects in an area
eligible for a grant under subsection (a) for--
``(I) acquiring zero- or reduced-
emission passenger ferries;
``(II) leasing zero- or reduced-
emission passenger ferries;
``(III) constructing facilities and
related equipment for zero- or reduced-
emission passenger ferries;
``(IV) leasing facilities and related
equipment for zero- or reduced-emission
passenger ferries;
``(V) constructing new public
transportation facilities to
accommodate zero- or reduced-emission
passenger ferries;
``(VI) constructing shoreside ferry
charging infrastructure for zero- or
reduced-emission passenger ferries; or
``(VII) rehabilitating or improving
existing public transportation
facilities to accommodate zero- or
reduced-emission passenger ferries;
``(ii) the term `zero- or reduced-emission
passenger ferry' means a passenger ferry used
to provide public transportation that reduces
emissions by utilizing onboard energy storage
systems for hybrid-electric or 100 percent
electric propulsion, related charging
infrastructure, and other technologies deployed
to reduce emissions or produce zero onboard
emissions under normal operation; and
``(iii) the term `recipient' means a
designated recipient, a local government
authority, or a State that receives a grant
under subsection (a).
``(B) General authority.--The Secretary may make
grants to recipients to finance eligible projects under
this paragraph.
``(C) Grant requirements.--A grant under this
paragraph shall be subject to the same terms and
conditions as a grant under subsection (a).
``(D) Competitive process.--The Secretary shall
solicit grant applications and make grants for eligible
projects under this paragraph on a competitive basis.
``(E) Government share of costs.--
``(i) In general.--The Federal share of the
cost of an eligible project carried out under
this paragraph shall not exceed 80 percent.
``(ii) Non-federal share.--The non-Federal
share of the cost of an eligible project
carried out under this subsection may be
derived from in-kind contributions.''.
SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.
Section 5309(h)(4) of title 49, United States Code, is amended by
inserting ``, the extent to which the project improves transportation
options to economically distressed areas,'' after ``public
transportation''.
SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL ENVIRONMENTAL
POLICY ACT OF 1969 TO FEDERALLY FUNDED BUS
SHELTERS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall issue best practices on the
application of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) to federally funded bus shelters to assist recipients of
Federal funds in receiving exclusions permitted by law.
SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING.
(a) In General.--Section 3005(b) of the FAST Act (Public Law 116-94)
is repealed.
(b) Grandfather Clauses.--For any projects that have submitted an
application or are being evaluated under the program described in
section 3005(b) of such Act prior to the date of enactment of this Act,
the Secretary shall--
(1) continue to administer the project under the terms of
such section as it existed on the day prior to the date of
enactment of this Act; and
(2) for purposes of providing Federal assistance to such
project (and notwithstanding any other provision of law),
provide such funds as may be necessary from the amounts
provided in section 5338(b) of title 49, United States Code,
and division A of this Act.
SEC. 2919. DISPOSITION OF ROLLING STOCK TO IMPROVE AIR QUALITY GOALS.
Section 5334 of title 49, United States Code, is further amended by
adding at the end the following:
``(m) Disposition of Rolling Stock to Meet Air Quality Goals.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of rolling stock with a
current market value, or proceeds from the disposition of such
rolling stock, acquired under this chapter at least in part
with such assistance, before such rolling stock has reached its
useful life, the Secretary may allow the recipient, or
subrecipient, to use the proceeds attributable to the Federal
share of such rolling stock calculated under paragraph (3) for
capital projects under section 5307, 5310, or 5311 without need
for repayment of the Federal financial interest.
``(2) Covered rolling stock.--This subsection shall only
apply to rolling stock disposed of--
``(A) which are replaced by rolling stock that will
help improve attainment of air quality goals compared
to the rolling stock being replaced; and
``(B) for which the recipient is located in an area
that is designated as a nonattainment area for
particulate matter under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)).
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of rolling stock
described in paragraph (1) shall be calculated by multiplying--
``(A) the current market value of, or the proceeds
from the disposition of, such asset; and
``(B) the Federal share percentage for the
acquisition of such asset at the time of acquisition of
such asset.''.
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 2023;
(B) $382,400,000 for fiscal year 2024;
(C) $386,500,000 for fiscal year 2025; and
(D) $390,400,000 for fiscal year 2026.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $182,495,000 for fiscal year 2023;
(B) $184,795,000 for fiscal year 2024;
(C) $187,795,000 for fiscal year 2025; and
(D) $190,695,000 for fiscal year 2026.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $384,119,000 for fiscal year 2023;
(B) $393,205,000 for fiscal year 2024;
(C) $402,205,000 for fiscal year 2025; and
(D) $411,388,000 for fiscal year 2026.
(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 2023;
(B) $5,800,000 for fiscal year 2024;
(C) $5,900,000 for fiscal year 2025; and
(D) $6,000,000 for fiscal year 2026.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $60,200,000 for fiscal year 2023;
(B) $60,600,000 for fiscal year 2024;
(C) $60,800,000 for fiscal year 2025; and
(D) $61,200,000 for fiscal year 2026.
(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 2023;
(B) $31,000,000 for fiscal year 2024;
(C) $31,500,000 for fiscal year 2025; and
(D) $31,917,000 for fiscal year 2026.
(7) Center for fair and equitable traffic safety
enforcement.--For carrying out section 3003 of this title,
$35,000,000 for each of fiscal years 2023 through 2026.
(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 2023 through 2026 shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1 of title
23, United States Code.
(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) 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)--
(A) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Additional uses.--In addition to uses authorized under
paragraph (1) and as approved by the Secretary, States may use
funds under this section to--
``(A) educate the public on the dangers of pediatric
vehicular hyperthermia;
``(B) purchase and distribute child restraints to
low-income families; and
``(C) 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.''.
(C) in paragraph (5), as so redesignated)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraph (B) as
subparagraph (D); and
(iii) 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 speed enforcement camera systems and red light
camera systems guidelines established by the
Secretary.''; and
(3) in subsection (n)--
(A) by striking ``Public Transparency'' and all that
follows through ``The Secretary'' and inserting the
following: ``Public 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. FAIR AND EQUITABLE TRAFFIC SAFETY ENFORCEMENT.
(a) In General.--The Secretary of Transportation shall make grants
under this section to an eligible nonprofit institution of higher
education with demonstrated expertise in promoting fair and equitable
traffic safety enforcement to establish and operate a national center
of excellence for fair and equitable traffic safety enforcement (in
this section referred to as the ``Center'').
(b) Purpose.--The purpose of the Center shall be to promote fair and
equitable traffic safety enforcement with the goal of reducing traffic
fatalities and injuries.
(c) Role of Center.--The role of the Center shall be to establish and
operate a national fair and equitable traffic safety enforcement
clearinghouse to--
(1) develop data collection systems to promote fair and
equitable traffic safety enforcement solutions, including
assisting States participating in the program established under
section 403(j) of title 23, United States Code, (as added by
this Act) share data collected to a national database;
(2) develop recommendations for States to improve data
collection on law enforcement programs carried out under
sections 402 and 405 of this title in order to promote fair and
equitable traffic safety enforcement programs;
(3) provide technical assistance to States on the
implementation of the program established under section 403(j)
of title 23, United States Code, as added by this Act;
(4) research and disseminate best practices for implementing
equitable traffic safety enforcement programs; and
(5) develop information and educational programs on
implementing equitable traffic safety enforcement best
practices.
(d) Consultation.--In carrying out the activities under paragraphs
(4) and (5) of subsection (c), the Center shall consult with relevant
stakeholders, including--
(1) civil rights organizations;
(2) traffic safety advocacy groups;
(3) law enforcement representatives;
(4) State highway safety offices; and
(5) such other surface transportation stakeholders and
industry experts as the Center considers appropriate.
(e) Report to Congress.--Not later than 2 years after the
establishment of the Center under subsection (a), 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 on progress made toward meeting the goals
established under subsection (b).
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)--
(A) by striking ``$2,500,000'' and inserting
``$3,500,000''; and
(B) by striking ``subsection 402(c) in each fiscal
year ending before October 1, 2015, and $443,989 of the
total amount available for 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;
``(B) evaluating the results of such data; and
``(C) developing and implementing programs to reduce
the occurrence of racial profiling.
``(3) Limitations.--The total amount of grants made to a
State under this section in a fiscal year may not exceed--
``(A) 10 percent of the amount made available to
carry out this section in the fiscal year for States
eligible under paragraph (1)(A); and
``(B) 5 percent of the amount made available to carry
out this section in the fiscal year for States eligible
under paragraph (1)(B).
``(4) Funding.--From funds made available under this section,
the Secretary shall set aside $15,000,000 for each fiscal year
to carry out this subsection.''.
SEC. 3006. NATIONAL SAFETY CAMPAIGNS.
(a) In General.--Section 404 of title 23, United States Code, is
amended to read as follows:
``Sec. 404. National safety campaigns
``(a) In General.--The Secretary shall establish and administer a
program under which not less than 3 high-visibility enforcement
campaigns and not less than 3 public awareness campaigns will be
carried out in each of fiscal years 2023 through 2026.
``(b) High-visibility Enforcement.--In carrying out the requirements
under paragraph (a), the Secretary shall ensure that in each fiscal
year not less than 1 high-visibility enforcement campaign is carried
out to--
``(1) reduce alcohol-impaired operation of a motor vehicle;
``(2) reduce alcohol-impaired and drug-impaired operation of
a motor vehicle; and
``(3) increase use of seatbelts by occupants of motor
vehicles.
``(c) Public Awareness.--The purpose of each public awareness
campaign carried out under this section shall be to achieve outcomes
related to not less than 1 of the following objectives:
``(1) Increase the proper use of seatbelts and child
restraints by occupants of motor vehicles.
``(2) Reduce instances of distracted driving.
``(3) Reduce instances of speeding by drivers.
``(d) Advertising.--The Secretary may use, or authorize the use of,
funds available to carry out this section to pay for the development,
production, and use of broadcast and print media advertising and
Internet-based outreach in carrying out campaigns under this section.
In allocating such funds, consideration shall be given to advertising
directed at non-English speaking populations, including those who
listen to, read, or watch nontraditional media.
``(e) Coordination With States.--The Secretary shall coordinate with
States in carrying out the high-visibility enforcement campaigns under
this section, including advertising funded under subsection (d), with
consideration given to--
``(1) relying on States to provide law enforcement resources
for the campaigns out of funding made available under sections
402 and 405; and
``(2) providing, out of National Highway Traffic Safety
Administration resources, most of the means necessary for
national advertising and education efforts associated with the
campaigns.
``(f) Coordination of Dynamic Highway Message Signs.--During national
high-visibility enforcement emphasis periods supported by these funds,
the Federal Highway Administration and the National Highway Traffic
Safety Administration shall coordinate with State departments of
transportation on the use of dynamic highway message signs to support
high-visibility national emphasis activities.
``(g) Use of Funds.--Funds made available to carry out this section
may be used only for activities described in subsections (c) and (d).
``(h) Definition.--In this section:
``(1) Campaign.--The term `campaign' means a high-visibility
traffic safety law enforcement campaign or a traffic safety
public awareness campaign.
``(2) Dynamic highway.--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 travelers.
``(3) State.--The `State' has the meaning given that term in
section 401.
``(b) Clerical Amendment.--The item relating to section 404 in the
analysis for chapter 4 of title 23, United States Code, is amended to
read as follows:
```404. National safety campaigns.'.
SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``13 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 ``subsections (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), (9), and (10) as
paragraphs (9), (10), and (11), 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) in subsection (c)(3)(E) by striking ``5'' and inserting
``10'';
(3) in subsection (b)(4)--
(A) in subparagraph (A) by striking clause (v) and
inserting the following:
``(v) implement programs in low-income and
underserved populations to--
``(I) recruit and train occupant
protection safety professionals,
nationally certified child passenger
safety technicians, police officers,
fire and emergency medical personnel,
and educators serving low-income and
underserved populations;
``(II) educate parents and caregivers
in low-income and underserved
populations about the proper use and
installation of child safety seats; and
``(III) purchase and distribute child
safety seats to low-income and
underserved populations; and''; and
(B) in subparagraph (B)--
(i) by striking ``100 percent'' and inserting
``90 percent''; and
(ii) by inserting ``The remaining 10 percent
of such funds shall be used to carry out
subsection (A)(v).'' after ``section 402.'';
(4) 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 information technology
for programs to identify, collect, and report data to
State and local government agencies, and enter data,
including crash, citation and adjudication, driver,
emergency medical services or injury surveillance
system, roadway, and vehicle, into the core highway
safety databases of a State;
``(C) purchasing equipment used to identify, collect,
and report State safety data to support State efforts
to improve State traffic safety information systems;
``(D) linking core highway safety databases of a
State with such databases of other States;
``(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) costs associated with training State and local
personnel on ways to improve State traffic safety
information systems;
``(G) hiring a Fatality Analysis Reporting System
liaison for a State; and
``(H) 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.'';
(5) 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 at the time of, or prior to, a
conviction of driving under the influence of
alcohol or of driving while intoxicated;
``(ii) does not allow any individual required
to have an ignition interlock for driving
privileges to drive a motor vehicle unless such
individual installs an ignition interlock for a
minimum 180-day 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 180-day
interlock period unless the driver
successfully completes an appeal
process; and
``(II) a compliance-based removal
program in which an individual required
to install an ignition interlock for a
minimum 180-day interlock period and
have completed a minimum consecutive
period of not less than 60 days of the
required interlock period immediately
preceding the date of release, without
a confirmed violation, as defined by
State law or regulations, of driving
under the influence of alcohol or
driving while intoxicated.'';
(6) 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 (7) by striking ``Of the amounts''
and inserting ``In addition to the amounts authorized
under section 404 and of the amounts'';
(E) in paragraph (9)--
(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.'';
(F) by striking paragraphs (2), (3), (6), and (8);
(G) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively;
(H) by inserting after paragraph (1) the following:
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B), (C),
and (D), the allocation of grant funds to a State under
this subsection for a fiscal year shall be in
proportion to the 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).
``(D) Texting while driving.--Notwithstanding
subparagraphs (B) and (C), a State shall be allocated
25 percent of the amount calculated under subparagraph
(A) if such State has enacted and is enforcing a law
that prohibits a driver from viewing a personal
wireless communication device, except for the purpose
of navigation.
``(3) Prohibition on handheld personal wireless communication
device use while 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 holding or 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
(I) by inserting after paragraph (7) the following:
``(8) Rulemaking.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall issue such
regulations as are 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).'';
(7) 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;
(D) in paragraph (4) by striking ``such fiscal year''
and inserting ``fiscal year 2009''; and
(E) 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.'';
(8) by amending subsection (h)(4) to read as follows:
``(4) Use of grant amounts.--Grant funds received by a State
under this subsection may be used for the safety of pedestrians
and bicyclists, including--
``(A) training of law enforcement officials on
pedestrian and bicycle safety, State laws applicable to
pedestrian and bicycle safety, and infrastructure
designed to improve pedestrian and bicycle safety;
``(B) carrying out a program to support enforcement
mobilizations and campaigns designed to enforce State
traffic laws applicable to pedestrian and bicycle
safety;
``(C) public education and awareness programs
designed to inform motorists, pedestrians, and
bicyclists about--
``(i) pedestrian and bicycle safety,
including information on nonmotorized mobility
and the important of speed management to the
safety of pedestrians and bicyclists;
``(ii) the value of the use of pedestrian and
bicycle safety equipment, including lighting,
conspicuity equipment, mirrors, helmets and
other protective equipment, and compliance with
any State or local laws requiring their use;
``(iii) State traffic laws applicable to
pedestrian and bicycle safety, including
motorists' responsibilities towards pedestrians
and bicyclists; and
``(iv) infrastructure designed to improve
pedestrian and bicycle safety; and
``(D) data analysis and research concerning
pedestrian and bicycle safety.''; and
(9) 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).''.
(b) Conforming Amendment.--Sections 402, 403, and 405 of title 23,
United States Code, are amended--
(1) by striking ``accidents'' and inserting ``crashes'' each
place it appears; and
(2) by striking ``accident'' and inserting ``crash'' each
place it appears.
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''.
SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING GRANTS.
(a) In General.--The Secretary of Transportation shall make grants to
institutions of higher education (as such term is defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to carry out
research, development, technology transfer, and training activities in
the operation or establishment of an implicit bias training program as
it relates to racial profiling at traffic stops.
(b) Qualifications.--To be eligible for a grant under this section,
an institution of higher education shall--
(1) have an active research program or demonstrate, to the
satisfaction of the Secretary, that the applicant is beginning
a research program to study implicit bias as it relates to
racial profiling before and during traffic stops; and
(2) partner with State and local police departments to
conduct the research described in paragraph (1) and carry out
the implementation of implicit bias training with State and
local police departments.
(c) Report.--No later than 1 year after a grant has been awarded
under this section, the institution of higher education awarded the
grant shall submit to the 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 research on implicit bias as it relates to racial
profiling before and during traffic stops, and recommendations on
effective interventions and trainings.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 for each fiscal year to carry out this
section.
(e) Definitions.--In this section, the term ``implicit bias training
program'' means a program that looks at the attitudes, stereotypes, and
lenses human beings develop through various experiences in life that
can unconsciously affect how they interact with one another.
SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING.
Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended--
(1) in paragraph (1) by striking ``or'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) otherwise profile and stop motorcycle operators or
motorcycle passengers using as a factor the clothing or mode of
transportation of such operators or passengers.''.
SEC. 3012. ELECTRONIC DRIVER'S LICENSE.
(a) REAL ID Act.--Section 202(a)(1) of the REAL ID Act of 2005 (49
U.S.C. 30301 note) is amended by striking ``a driver's license or
identification card'' and inserting ``a physical or digital driver's
license or identification card''.
(b) Title 18.--Section 1028(d)(7)(A) of title 18, United States Code,
is amended by striking ``government issued driver's license'' and
inserting ``government issued physical or digital driver's license''.
SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL.
(a) Short Title.--This section may be cited as the ``Motorcyclist
Advisory Council Reauthorization Act''.
(b) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall establish
a Motorcyclist Advisory Council (in this section referred to as the
``Council'').
(c) Duties.--
(1) Advising.--The Council shall advise the Secretary, the
Administrator of the National Highway Traffic Safety
Administration, and the Administrator of the Federal Highway
Administration on transportation issues of concern to
motorcyclists, including--
(A) barrier design;
(B) road design, construction, and maintenance
practices; and
(C) the architecture and implementation of
intelligent transportation system technologies.
(2) Biennial council report.--
(A) In general.--The Council shall submit a report to
the Secretary containing the Council's recommendations
regarding the issues described in paragraph (1) on
which the Council provides advice pursuant to such
paragraph.
(B) Timing.--Not later than October 31 of the
calendar year following the calendar year in which the
Council is established, and by every 2nd October 31
thereafter, the Council shall submit the report
required under this paragraph.
(d) Membership.--
(1) In general.--The Council shall be comprised of 12 members
appointed by the Secretary as follows:
(A) Five experts from State or local government on
highway engineering issues, including--
(i) barrier design;
(ii) road design, construction, and
maintenance; or
(iii) intelligent transportation systems.
(B) One State or local traffic and safety engineer,
design engineer, or other transportation department
official who is a motorcyclist.
(C) One representative from a national association of
State transportation officials.
(D) One representative from a national motorcyclist
association.
(E) One representative from a national motorcyclist
foundation.
(F) One representative from a national motorcycle
manufacturing association.
(G) One roadway safety data expert on crash testing
and analysis.
(H) One member of a national safety organization that
represents the traffic safety systems industry.
(2) Duration.--
(A) Term.--Subject to subparagraphs (B) and (C), each
member shall serve one term of 2 years.
(B) Additional terms.--If a successor is not
designated for a member before the expiration of the
term the member is serving, the member may serve
another term.
(C) Appointment of replacements.--If a member resigns
before serving a full 2-year term, the Secretary may
appoint a replacement for such member to serve the
remaining portion such term. A member may continue to
serve after resignation until a successor has been
appointed. A vacancy in the Council shall be filled in
the manner in which the original appointment was made.
(3) Compensation.--Members shall serve without compensation.
(e) Termination.--The Council shall terminate 6 years after the date
of its establishment.
(f) Duties of the Secretary.--
(1) Accept or reject recommendation.--
(A) Secretary determines.--The Secretary shall
determine whether to accept or reject a recommendation
contained in a Council report.
(B) Timing.--
(i) Must accept or reject.--The Secretary
must indicate in each report submitted under
this section the Secretary's acceptance or
rejection of each recommendation listed in such
report.
(ii) Exception.--The Secretary may indicate
in a report submitted under this section that a
recommendation is under consideration. If the
Secretary does so, the Secretary must accept or
reject the recommendation in the next report
submitted under this section.
(2) Report.--
(A) In general.--Not later than 60 days after the
Secretary receives a Council report, the Secretary
shall submit a report to the following committees and
subcommittees:
(i) The Committee on Transportation and
Infrastructure of the House of Representatives.
(ii) The Committee on Environment and Public
Works of the Senate.
(iii) The Committee on Commerce, Science, and
Transportation of the Senate.
(iv) The Subcommittee on Transportation, and
Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of
the House of Representatives.
(v) The Subcommittee on Transportation, and
Housing and Urban Development, and Related
Agencies of the Committee on Appropriations of
the Senate.
(B) Contents.--A report submitted under this
subsection shall include--
(i) a list containing--
(I) each recommendation contained in
the Council report described in
paragraph (1); and
(II) each recommendation indicated as
under consideration in the previous
report submitted under this subsection;
and
(ii) for each such recommendation, whether it
is accepted, rejected, or under consideration
by the Secretary.
(3) Administrative and technical support.--The Secretary
shall provide such administrative support, staff, and technical
assistance to the Council as the Secretary determines to be
necessary for the Council to carry out its duties.
(g) Definitions.--In this section:
(1) Council report.--The term ``Council report'' means the
report described in subsection (f)(2).
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
SEC. 3014. REPORT ON MARIJUANA RESEARCH.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Attorney General and the Secretary of Health and Human Services, shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on the
Department of Transportation website, a report and recommendations on--
(1) increasing and improving access, for scientific
researchers studying impairment while driving under the
influence of marijuana, to samples and strains of marijuana and
products containing marijuana lawfully being offered to
patients or consumers in a State on a retail basis;
(2) establishing a national clearinghouse to collect and
distribute samples and strains of marijuana for scientific
research that includes marijuana and products containing
marijuana lawfully available to patients or consumers in a
State on a retail basis;
(3) facilitating access, for scientific researchers located
in States that have not legalized marijuana for medical or
recreational use, to samples and strains of marijuana and
products containing marijuana from such clearinghouse for
purposes of research on marijuana-impaired driving; and
(4) identifying Federal statutory and regulatory barriers to
the conduct of scientific research and the establishment of a
national clearinghouse for purposes of facilitating research on
marijuana-impaired driving.
(b) Definition of Marijuana.--In this section, the term ``marijuana''
has the meaning given such term in section 4008 of the FAST Act (Public
Law 114-94).
SEC. 3015. COMPTROLLER GENERAL STUDY ON NATIONAL DUI REPORTING.
(a) In General.--The Comptroller General of the United States shall
conduct a study on the reporting of alcohol-impaired driving arrest and
citation results into Federal databases to facilitate the widespread
identification of repeat impaired driving offenders.
(b) Inclusions.--The study conducted under subsection (a) shall
include a detailed assessment of--
(1) the extent to which State and local criminal justice
agencies are reporting alcohol-impaired driving arrest and
citation results into Federal databases;
(2) barriers on the Federal, State, and local levels to the
reporting of alcohol-impaired driving arrest and citation
results into Federal databases, as well as barriers to the use
of those systems by criminal justice agencies;
(3) Federal, State, and local resources available to improve
the reporting of alcohol-impaired driving arrest and citation
results into Federal databases;
(4) recommendations for policies and programs to be carried
out by the National Highway Traffic Safety Administration; and
(5) recommendations for programs and grant funding to be
authorized by Congress.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
the appropriate committees of Congress a report on the results of the
study conducted under subsection (a).
SEC. 3016. REPORT ON IMPAIRED DRIVING.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation, in consultation with the heads of
appropriate Federal agencies, State highway safety offices, State
toxicologists, traffic safety advocates, and other interested parties,
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report that, using the National Safety
Council model guidelines for toxicology testing--
(1) identifies any barriers that States encounter in
submitting the alcohol and drug toxicology results to the
Fatality Analysis Reporting System;
(2) provides recommendations on how to address any barriers
identified under paragraph (1);
(3) provides further steps that the Secretary, acting through
the Administrator of the National Highway Traffic Safety
Administration, shall take to assist States in improving--
(A) toxicology testing in cases of motor vehicle
crashes; and
(B) the reporting of alcohol and drug toxicology
results in cases of motor vehicle crashes.
SEC. 3017. IMPAIRED DRIVING COUNTERMEASURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a priority should be placed on creating State systems,
programs, and processes that improve impaired driving detection
in cases in which alcohol, drugs, and especially multiple
substances are involved;
(2) States and communities should have access to a broader
range of countermeasures, technologies, and resources to
address multiple substance impaired driving; and
(3) increased Federal funding should be made available for
efforts to improve public safety through the approaches
described in paragraphs (1) and (2).
(b) Purpose.--The purpose of this section is to increase national
investment in, and maximize the use of, innovative programs and
technologies to eliminate multiple substance impaired driving.
(c) Impaired Driving Countermeasures.--Section 405(d) of title 23,
United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (B)--
(i) by striking clause (iii) and inserting
the following:
``(iii)(I) court support of high-visibility
enforcement efforts;
``(II) hiring criminal justice professionals,
including law enforcement officers,
prosecutors, traffic safety resource
prosecutors, judges, judicial outreach
liaisons, and probation officers;
``(III) training and education of the
criminal justice professionals described in
subclause (II) to assist those professionals in
preventing impaired driving and handling
impaired driving cases, including by providing
compensation to a law enforcement officer to
replace a law enforcement officer who is--
``(aa) receiving such drug
recognition expert training; or
``(bb) participating as an instructor
in such drug recognition expert
training; and
``(IV) establishing driving while
intoxicated courts;'';
(ii) by striking clauses (v) and (vi) and
inserting the following:
``(v) improving--
``(I) blood alcohol concentration
screening and testing;
``(II) the detection of potentially
impairing drugs, including through the
use of oral fluid as a specimen; and
``(III) reporting relating to the
testing and detection described in
subclauses (I) and (II);
``(vi)(I) paid and earned media in support of
high-visibility enforcement efforts;
``(II) conducting initial and continuing--
``(aa) standardized field sobriety
training, advanced roadside impaired
driving enforcement training, and drug
recognition expert training for law
enforcement; and
``(bb) law enforcement phlebotomy
training; and
``(III) to purchase equipment to carry out
impaired driving enforcement activities
authorized by this subsection;'';
(iii) in clause (ix), by striking ``and'' at
the end;
(iv) in clause (x), by striking the period at
the end and inserting ``; and''; and
(v) by adding at the end the following:
``(xi) testing and implementing programs and
purchasing technologies to better identify,
monitor, or treat impaired drivers, including--
``(I) oral fluid screening
technologies;
``(II) electronic warrant programs;
``(III) equipment to increase the
scope, quantity, quality, and
timeliness of forensic toxicology
chemical testing;
``(IV) case management software to
support the management of impaired
driving offenders; and
``(V) technology to monitor impaired
driving offenders.''; and
(B) in subparagraph (C)--
(i) in the second sentence, by striking
``Medium-range'' and inserting the following:
``(ii) Medium-range and high-range states.--
Subject to clause (iii), medium-range'';
(ii) in the first sentence, by striking
``Low-range'' and inserting the following:
``(i) Low-range states.--Subject to clause
(iii), low-range''; and
(iii) by adding at the end the following:
``(iii) All states.--
``(I) Reporting of impaired driving
criminal justice information.--A State
may use grant funds for any expenditure
designed to increase the timely and
accurate reporting of crash
information, including electronic crash
reporting systems that allow accurate
real-time or near real-time uploading
of crash information, and impaired
driving criminal justice information to
Federal, State, and local databases.
``(II) Impaired driving
countermeasures.--A State may use grant
funds for any expenditure to research
or evaluate impaired driving
countermeasures.''; and
(2) in paragraph (7)(A), in the matter preceding clause (i),
by inserting ``or local'' after ``authorizes a State''.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
SEC. 4101. MOTOR CARRIER SAFETY GRANTS.
(a) In General.--Section 31104 of title 49, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--The 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 2023;
``(B) $398,700,000 for fiscal year 2024;
``(C) $408,900,000 for fiscal year 2025; and
``(D) $418,425,000 for fiscal year 2026.
``(2) High-priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
``(A) $72,604,000 for fiscal year 2023;
``(B) $74,424,000 for fiscal year 2024;
``(C) $76,328,000 for fiscal year 2025; and
``(D) $78,106,000 for fiscal year 2026.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,037,200 for fiscal year 2023;
``(B) $1,063,200 for fiscal year 2024;
``(C) $1,090,400 for fiscal year 2025; and
``(D) $1,115,800 for fiscal year 2026.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $56,008,800 for fiscal year 2023;
``(B) $57,412,800 for fiscal year 2024;
``(C) $58,881,600 for fiscal year 2025; and
``(D) $60,253,200 for fiscal year 2026.'';
(2) by striking subsection (c) and inserting the following:
``(c) Partner Training and Program Support.--
``(1) In general.--On October 1 of each fiscal year, or as
soon after that date as practicable, the Secretary may deduct
from amounts made available under paragraphs (1), (2), and (4)
of subsection (a) for that fiscal year not more than 1.8
percent of those amounts for partner training and program
support in that fiscal year.
``(2) Use of funds.--The Secretary shall use at least 50
percent of the amounts deducted under paragraph (1) on training
and related training 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,
through a competitive grant, 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)--
(i) by striking ``section 31102(l)(2)'' and
inserting ``paragraphs (2) and (4) of section
31102(l)'';
(ii) by striking ``the next 2 fiscal years''
and inserting ``the following 3 fiscal years'';
and
(C) in paragraph (3) by striking ``the next 4 fiscal
years'' and inserting ``the following 5 fiscal years'';
and
(4) by adding at the end the following:
``(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.''.
(b) Commercial Driver's License Program Implementation Financial
Assistance Program.--Section 31313(b) of title 49, United States Code,
is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``A recipient'' and inserting the following:
``In participating in financial assistance program under this
section--
``(1) a recipient''; and
(3) by adding at the end the following:
``(2) a State may not receive more than $250,000 in grants
under subsection (a)(2)(B) in any fiscal year--
``(A) in which the State prohibits private commercial
driving schools or independent commercial driver's
license testing facilities from offering a commercial
driver's license skills test as a third-party tester;
or
``(B) in which a State fails to report to the
Administrator of the Federal Motor Carrier Safety
Administration, during the previous fiscal year, the
average number of days of delays for an initial
commercial driver's license skills test or retest
within the State.''.
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.
(a) In General.--Section 31110 of title 49, United States Code, is
amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--There is 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 2023;
``(2) $381,500,000 for fiscal year 2024;
``(3) $382,500,000 for fiscal year 2025; and
``(4) $384,500,000 for fiscal year 2026.''.
(b) Administrative Expenses.--
(1) Use of funds.--The Administrator of the Federal Motor
Carrier Safety Administration shall use funds made available in
subsection (a) for--
(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 of the date of
enactment of this Act; and
(D) under any other Act enacted before the date of
enactment of this Act that has not been published in
the Federal Register by the date required in such Act.
SEC. 4103. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``and (3)'' and inserting
``, (3), and (4)'';
(2) in paragraph (2)(F)(ii)(II) by inserting ``, specifically
including the priority activities described in paragraph (4)''
after ``required for participation''; and
(3) by adding at the end the following:
``(4) Prioritization of immobilizing unsafe passenger-
carrying commercial motor vehicles.--
``(A) In general.--The Secretary shall prioritize the
awarding of discretionary grants to States for
activities related to paragraph (2)(F)(II) for the
enforcement of out of service orders if such vehicles
are found to be unsafe or have violated a Federal out
of service order.
``(B) Eligibility.--To be eligible for a grant
described under this paragraph, a State shall have the
authority to require the immobilization or impoundment
of a passenger-carrying commercial motor vehicle if
such vehicle is found to be unsafe or fail inspection
or to have violated a Federal out of service order.
``(C) Use of funds.--Grant funds received under this
paragraph may be used for--
``(i) the immobilization or impoundment of
commercial motor vehicles that are unsafe, fail
inspection, or have violated a Federal out of
service order;
``(ii) safety inspections of vehicles
described in clause (i);
``(iii) other activities related to the
activities described in clauses (i) and (ii),
as determined by the Secretary.
``(D) Passenger-carrying commercial motor vehicle
defined.--In this paragraph, the term `passenger-
carrying commercial motor vehicle' has the meaning
given such term in section 31301.''.
SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall initiate a review of
the prevalence of, characteristics of, and safe operation of commercial
vehicles that have a gross vehicle weight rating or gross vehicle
weight below 10,000 pounds, and are utilized in package delivery of
goods moving in interstate commerce.
(b) Independent Research.--If the Secretary decides to enter into a
contract with a third party to perform the research required under
subsection (a), the Secretary shall--
(1) solicit applications from research institutions that
conduct objective, fact-based research to conduct the study;
and
(2) ensure that such third party does not have any financial
or contractual ties with an entity engaged in interstate
commerce utilizing commercial vehicles or commercial motor
vehicles.
(c) Entities Included.--As part of the review, the Secretary shall
collect information from a cross-section of companies that use fleets
of such vehicles for package delivery in interstate commerce, including
companies that--
(1) directly perform deliveries;
(2) use contracted entities to perform work; and
(3) utilize a combination of direct deliveries and contract
entities.
(d) Evaluation Factors.--The review shall include an evaluation of
the following:
(1) Fleet characteristics, including fleet structure, and
vehicle miles traveled.
(2) Fleet management, including scheduling of deliveries and
maintenance practices.
(3) Driver employment characteristics, including the basis of
compensation and classification.
(4) How training, medical fitness, hours on duty, and safety
of drivers is evaluated and overseen by companies, including
prevention of occupational injuries and illnesses.
(5) Safety performance metrics, based on data associated with
the included entities, including crash rates, moving
violations, failed inspections, and other related data points.
(6) Financial responsibility and liability for safety or
maintenance violations among companies, fleet managers, and
drivers.
(7) Loading and unloading practices, and how package volume
and placement in the vehicle is determined.
(8) Information on the use of driver safety applications, if
applicable.
(9) Information on work-related injury and illness data of
drivers.
(10) Other relevant information determined necessary by the
Secretary in order to make recommendations under subsection
(e).
(e) Report and Recommendations.--Upon completion of the review, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce of the Senate a report containing--
(1) the findings of the Secretary on each of the factors in
(d);
(2) a list of regulations applicable to commercial motor
vehicles and commercial motor vehicle operators that are not
applicable to commercial vehicle operations described in this
section; and
(3) recommendations, based on the findings, on changes to
laws or regulations at the Federal, State, or local level to
promote safe operations and safe and fair working conditions
for commercial vehicle operators.
Subtitle B--Motor Carrier Safety Oversight
SEC. 4201. MOTOR CARRIER SAFETY ADVISORY 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, 2026''.
SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Secretary of 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)
prioritize revisions necessary to--
(1) restore the public availability of all relevant safety
data under a revised methodology; and
(2) make such safety data publicly available that was made
publicly available on the day before the date of enactment of
the FAST Act, as appropriate under a revised methodology.
(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 a detailed summary of 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 will not likely degrade the level of
safety achieved by the person or class of persons
granted the exemption, and allow the Secretary to
evaluate whether an equivalent level of safety is
maintained while the person or class of persons is
operating under such exemption, including--
``(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 crash that
results in a fatality or serious bodily injury;
``(iii) for exemptions granted by the
Secretary related to hours of service rules
under part 395 of title 49, Code of Federal
Regulations, requiring that the exempt person
or class of persons submit to the Secretary
evidence of participation in a recognized
fatigue management plan; and
``(iv) providing documentation of the
authority to operate under the exemption to
each exempt person, to be used to demonstrate
compliance if requested by a motor carrier
safety enforcement officer during a roadside
inspection.
``(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.''.
SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is amended--
(1) in paragraph (2) by striking ``or'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) transportation by a motor vehicle designed or used to
transport between 9 and 15 passengers (including the driver),
whether operated alone or with a trailer attached for the
transport of recreational equipment, that is operated by a
person that provides recreational activities if--
``(A) the transportation is provided within a 150
air-mile radius of the location where passengers are
boarded; and
``(B) the person operating the motor vehicle, if
transporting passengers over a route between a place in
a State and a place in another State, is otherwise
lawfully providing transportation of passengers over
the entire route in accordance with applicable State
law.''.
SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF
HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Covered carrier.--The term ``covered carrier'' means a
motor carrier that is--
(A) engaged in the interstate transportation of
household goods; and
(B) subject to the requirements of part 375 of title
49, Code of Federal Regulations (as in effect on the
effective date of the amendments required by subsection
(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(b) Amendments to Regulations.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to amend regulations related to the interstate
transportation of household goods.
(c) Considerations.--In issuing the notice of proposed rulemaking
under subsection (b), the Secretary shall consider the following
recommended amendments to provisions of title 49, Code of Federal
Regulations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link--
(A) to the publication of the Administration titled
``Ready to Move-Tips for a Successful Interstate Move''
(ESA 03005) on the website of the Administration; or
(B) to a copy of the publication referred to in
subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to require
each covered carrier to provide to each individual shipper,
with any written estimate provided to the shipper, a copy of
the publication described in appendix A of part 375 of such
title, entitled ``Your Rights and Responsibilities When You
Move'' (ESA-03-006 (or a successor publication)), in the form
of a written copy or a hyperlink on the website of the covered
carrier to the location on the website of the Administration
containing such publication.
(3) Subsection (e) of section 375.213, to repeal such
subsection.
(4) Section 375.401(a), to require each covered carrier--
(A) to conduct a visual survey of the household goods
to be transported by the covered carrier--
(i) in person; or
(ii) virtually, using--
(I) a remote camera; or
(II) another appropriate technology;
(B) to offer a visual survey described in
subparagraph (A) for all household goods shipments,
regardless of the distance between--
(i) the location of the household goods; and
(ii) the location of the agent of the covered
carrier preparing the estimate; and
(C) to provide to each shipper a copy of publication
of the Administration titled ``Ready to Move-Tips for a
Successful Interstate Move'' (ESA 03005) on receipt
from the shipper of a request to schedule, or a waiver
of, a visual survey offered under subparagraph (B).
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
375.405(b)(7)(ii), and subpart D of appendix A of part 375, to
require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall--
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner
in which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service if
the covered carrier elects to provide the information described
in paragraphs (1) through (15) of such section in a bill of
lading that is presented to the shipper before the covered
carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
``freight bill'' and ``expense bill'' with the term
``invoice''.
SEC. 4207. BROKER GUIDANCE.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall issue guidance to
clarify the definitions of the terms ``broker'' and ``bona fide
agents'' under part 371 of title 49, Code of Federal Regulations.
(b) Considerations.--In issuing the guidance under subsection (a),
the Secretary shall consider the extent to which technology has changed
the nature of freight brokerage, the role of bona fide agents, and
other aspects of the freight transportation industry.
(c) Dispatch Services.--In issuing the guidance under subsection (a),
the Secretary shall, at a minimum--
(1) examine the role of a dispatch service in the
transportation industry;
(2) examine the extent to which dispatch services could be
considered brokers or bona fide agents; and
(3) clarify the level of financial penalties for unauthorized
brokerage activities under section 14916 of title 49, United
States Code, applicable to a dispatch service.
Subtitle C--Commercial Motor Vehicle Driver Safety
SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER CARRIERS.
Section 31301 of title 49, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (B) by striking ``or'';
(B) by redesignating subparagraph (C) as subparagraph
(D); and
(C) by inserting after subparagraph (B) the
following:
``(C) is designed or used as a stretch limousine;
or'';
(2) by redesignating paragraph (15) as paragraph (16); and
(3) by inserting after paragraph (14) the following:
``(15) `stretch limousine' means any sedan or sports utility
vehicle that--
``(A) has been modified to add seating capacity to
that provided by the vehicle manufacturer through an
extended chassis, lengthened wheelbase, or an elongated
seating area;
``(B) as modified, has a seating capacity of more
than 8 passengers (including the driver);
``(C) is used under trip-by-trip contracts for the
transportation of passengers for compensation on a
prearranged basis; and
``(D) is not used for public transportation service,
as such term is defined in section 5302;''.
SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES 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 30 days after the date of enactment of this Act, 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
driver's 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 of 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 property-
carrying 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 property-carrying commercial motor vehicle
drivers, including port drayage drivers;
(6) resources to assist property-carrying commercial motor
vehicle drivers in assessing the impacts of leasing agreements;
and
(7) the classification of property-carrying 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--
(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) Comprehensive Review.--
(1) Comprehensive review of hours of service rules.--Not
later than 60 days after the date of enactment of this Act, the
Secretary shall initiate a comprehensive review of hours of
service rules and the impacts of waivers, exemptions, and other
allowances that limit the applicability of such rules.
(2) Changes to regulations.--In carrying out the
comprehensive review under paragraph (1) and the required
analyses under paragraphs (3) and (4), the Secretary shall
consider the modifications made in the final rule published on
June 1, 2020, titled ``Hours of Service of Drivers'' (85 Fed.
Reg. 33396) and evaluate the impacts of the allowance to
operate in excess of the limits in effect prior to June 1,
2020.
(3) List of exemptions.--In carrying out the comprehensive
review required under paragraph (1), the Secretary shall--
(A) compile a list of waivers, exemptions, and other
allowances--
(i) under which a driver may operate in
excess of the otherwise applicable limits on
on-duty or driving time in absence of such
exemption, waiver, or other allowance;
(ii) under which a driver may operate without
recording compliance with hours of service
rules through the use of an 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.
(4) 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.
(5) Driver impact analysis.--In carrying out the
comprehensive review under paragraph (1), the Secretary shall
further consider--
(A) data on driver detention collected by the
Secretary pursuant to section 4304 of this Act and
other conditions affecting the 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.
(b) Peer Review.--Prior to the publication of the review required
under subsection (d), the analyses performed by the Secretary shall
undergo an independent peer review.
(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 (d), 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) Replacement of Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a rulemaking to
update the Department of Transportation guidance published on June 7,
2018, titled ``Hours of Service of Drivers of Commercial Motor
Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor
Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) to prescribe
specific mileage or time limits, or both, for the use of personal
conveyance.
(f) Definitions.--In this section:
(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) driver's licensing requirements under
part 383 of title 49, Code of Federal
Regulations, including entry-level driver
training and drug and alcohol testing under
part 382 of such title; and
(B) regulations prohibiting point-to-point
transportation in the United States, or 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)).
SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall--
(1) assess the risk posed by untreated obstructive sleep
apnea in drivers of commercial motor vehicles and the
feasibility, benefits, and costs associated with establishing
screening criteria for obstructive sleep apnea in drivers of
commercial motor vehicles;
(2) issue a notice in the Federal Register containing the
independently peer-reviewed findings of the assessment required
under paragraph (1) not later than 30 days after completion of
the assessment and provide an opportunity for public comment;
and
(3) if the Secretary contracts with an independent third
party to conduct the assessment required under paragraph (1),
ensure that the independent third party shall 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 driver advocacy
organizations.
(b) Screening Criteria.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a proposed rule to establish screening
criteria for obstructive sleep apnea in commercial motor
vehicle drivers and provide an opportunity for public comment.
(2) Final rule.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
to establish screening criteria for obstructive sleep apnea in
commercial motor vehicle drivers.
(c) Commercial Motor Vehicle Defined.--In this section, the term
``commercial motor vehicle'' has the meaning given such term in section
31132 of title 49, United States Cod
SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.
(a) Short Title.--This section may be cited as the ``Promoting Women
in Trucking Workforce Act''.
(b) Findings.--Congress finds that--
(1) women make up 47 percent of the workforce of the United
States;
(2) women are significantly underrepresented in the trucking
industry, holding only 24 percent of all transportation and
warehousing jobs and representing only--
(A) 6.6 percent of truck drivers;
(B) 12.5 percent of all workers in truck
transportation; and
(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women are
underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent less
likely than male counterparts to be involved in a crash.
(c) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every
opportunity, including driver training and mentorship programs, to
encourage and support the pursuit of careers in trucking by women.
(d) Establishment.--To encourage women to enter the field of
trucking, the Administrator shall establish and facilitate an advisory
board, to be known as the ``Women of Trucking Advisory Board'', to
promote organizations and programs that--
(1) provide education, training, mentorship, or outreach to
women in the trucking industry; and
(2) recruit women into the trucking industry.
(e) Membership.--
(1) In general.--The Board shall be composed of not fewer
than seven members whose backgrounds allow those members to
contribute balanced points of view and diverse ideas regarding
the strategies and objectives described in subsection (f)(2).
(2) Appointment.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall appoint the
members of the Board, of whom--
(A) not fewer than one shall be a representative of
large trucking companies;
(B) not fewer than one shall be a representative of
mid-sized trucking companies;
(C) not fewer than one shall be a representative of
small trucking companies;
(D) not fewer than one shall be a representative of
nonprofit organizations in the trucking industry;
(E) not fewer than one shall be a representative of
trucking business associations;
(F) not fewer than one shall be a representative of
independent owner-operators; and
(G) not fewer than one shall be a woman who is a
professional truck driver.
(3) Terms.--Each member shall be appointed for the life of
the Board.
(4) Compensation.--A member of the Board shall serve without
compensation.
(f) Duties.--
(1) In general.--The Board shall identify--
(A) industry trends that directly or indirectly
discourage women from pursuing careers in trucking,
including--
(i) any differences between women minority
groups;
(ii) any differences between women who live
in rural, suburban, and urban areas; and
(iii) any safety risks unique to the trucking
industry;
(B) ways in which the functions of trucking
companies, nonprofit organizations, and trucking
associations may be coordinated to facilitate support
for women pursuing careers in trucking;
(C) opportunities to expand existing opportunities
for women in the trucking industry; and
(D) opportunities to enhance trucking training,
mentorship, education, and outreach programs that are
exclusive to women.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Board shall submit to the
Administrator a report describing strategies that the
Administrator may adopt--
(A) to address any industry trends identified under
paragraph (1)(A);
(B) to coordinate the functions of trucking
companies, nonprofit organizations, and trucking
associations in a manner that facilitates support for
women pursuing careers in trucking;
(C) to--
(i) take advantage of any opportunities
identified under paragraph (1)(C); and
(ii) create new opportunities to expand
existing scholarship opportunities for women in
the trucking industry; and
(D) to enhance trucking training, mentorship,
education, and outreach programs that are exclusive to
women.
(g) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing--
(A) any strategies recommended by the Board under
subsection (f)(2); and
(B) any actions taken by the Administrator to adopt
the strategies recommended by the Board (or an
explanation of the reasons for not adopting the
strategies).
(2) Public availability.--The Administrator shall make the
report under paragraph (1) publicly available--
(A) on the website of the Federal Motor Carrier
Safety Administration; and
(B) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(h) Termination.--The Board shall terminate on submission of the
report to Congress under subsection (g).
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety
Administration.
(2) Board.--The term ``Board'' means the Women of Trucking
Advisory Board established under subsection (d).
(3) Large trucking company.--The term ``large trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue greater
than $1,000,000,000.
(4) Mid-sized trucking company.--The term ``mid-sized
trucking company'' means a motor carrier (as defined in section
13102 of title 49, United States Code) with an annual revenue
of not less than $35,000,000 and not greater than
$1,000,000,000.
(5) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with an annual revenue less than
$35,000,000.
SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.
(a) Definition.--Section 31301(14) of title 49, United States Code,
is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by inserting ``, and Puerto Rico'' before the period.
(b) Implementation.--The Administrator of the Federal Motor Carrier
Safety Administration shall work with the Commonwealth of Puerto Rico
on obtaining full compliance with chapter 313 of title 49, United
States Code, and regulations adopted under that chapter.
(c) Grace Period.--Notwithstanding section 31311(a) of title 49,
United States Code, during a 5-year period beginning on the date of
enactment of this Act, the Commonwealth of Puerto Rico shall not be
subject to a withholding of an apportionment of funds under paragraphs
(1) and (2) of section 104(b) of title 23, United States Code, for
failure to comply with any requirement under section 31311(a) of title
49, United States Code.
SEC. 4311. USE OF DATA.
Section 31137(e) of title 49, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``only''; and
(B) by striking ``, including record-of-duty status
regulations'' and inserting ``and to conduct
transportation research utilizing such data'';
(2) in paragraph (2) by striking ``to enforce the regulations
referred to in'' and inserting ``for purposes authorized
under''; and
(3) by amending paragraph (3) to read as follows:
``(3) Research data.--The Secretary shall institute
appropriate measures to protect the privacy of individuals,
operators, and motor carriers when data obtained from an
electronic logging device is used for research pursuant to this
section and such research is made available to the public.''.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
SEC. 4401. SCHOOLBUS SAFETY STANDARDS.
(a) Schoolbus Seatbelts.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to consider requiring large schoolbuses 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 seatbelt assembly);
(B) the investigations and recommendations of the
National Transportation Safety Board on seatbelts in
schoolbuses;
(C) existing experience, including analysis of
student injuries and fatalities compared to States
without seat belt laws, and seat belt usage rates, from
States that require schoolbuses to be equipped with
seatbelts, including Type 2 seatbelt assembly;
(D) the impact of lap/shoulder belt systems on
emergency evacuations, with a focus on emergency
evacuations involving students below the age of 14, and
emergency evacuations necessitated by fire or water
submersion; and
(E) the impact of lap/shoulder belt systems on the
overall availability of schoolbus transportation.
(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 schoolbuses manufactured more than 3 years after
the date on which the regulation takes effect.
(b) Automatic Emergency Braking.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an automatic emergency braking
system; and
(2) as part of such standard, establish 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
schoolbuses manufactured after the effective date of such
standard to be equipped with an electronic stability control
system (as such term is defined in section 571.136 of title 49,
Code of Federal Regulations (as in effect on the date of
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
schoolbus fires and the best methods to prevent such fires and
to mitigate the effect of such fires, both inside and outside
the schoolbus. 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 schoolbuses
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 schoolbuses, 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) School Bus Temperature Safety Study and Report.--Not later than 1
year after the date of enactment of this Act, the Secretary shall study
and issue a report on the safety implications of temperature controls
in school buses. The study and report shall include--
(1) an analysis of the internal temperature in school buses
without air conditioning in weather between 80 and 110 degrees
Fahrenheit;
(2) the collection and analysis of data on temperature-
related injuries to students, including heatstroke and
dehydration;
(3) the collection of data on how many public school
districts currently operate buses without air conditioning; and
(4) recommendations for preventing heat related illnesses for
children on school buses.
(f) Definitions.--In this section:
(1) Automatic emergency braking.--The term ``automatic
emergency braking'' means a crash avoidance system installed
and operational in a vehicle that consists of--
(A) a forward warning function--
(i) to detect vehicles and vulnerable road
users 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) Large schoolbus.--The term ``large schoolbus'' means a
schoolbus with a gross vehicle weight rating of more than
10,000 pounds.
(3) Schoolbus.--The term ``schoolbus'' has the meaning given
such term in section 30125(a) of title 49, United States Code.
SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.
(a) Illegal Passing Research.--
(1) In general.--The Secretary of Transportation shall
conduct research to determine--
(A) drivers' knowledge of and attitudes towards laws
governing passing of a school bus under the State in
which the driver lives;
(B) the effectiveness of automated school bus camera
enforcement systems in reducing school bus passing
violations;
(C) whether laws that require automated school bus
camera systems to capture images of a driver's face
impact the ability of States to enforce such laws;
(D) the effectiveness of public education on illegal
school bus passing laws in reducing school bus passing
violations; and
(E) the most-effective countermeasures to address
illegal passing of school buses and best practices for
States to reduce the number of illegal passing
violations.
(2) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the research
and findings required under paragraph (1).
(3) Publication.--The Secretary shall make publicly available
on the website of the Department the report required under
paragraph (2) not later than 30 days after the report is
submitted under such paragraph.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall create and
disseminate a public safety messaging campaign, including
public safety media messages, posters, digital, and other media
messages for distribution to States, divisions of motor
vehicles, schools, and other public outlets to highlight the
dangers of illegally passing school buses, including
educational materials for students and the public on the safest
school bus loading and unloading procedures.
(2) Consultation.--The Secretary shall consult with public
and private school bus industry representatives and States in
developing the materials and messages required under paragraph
(1).
(3) Update.--The Secretary shall periodically update the
materials used in the campaign.
(c) Review of Advanced School Bus Safety Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall complete a review of
advanced school bus safety technologies to assess their
feasibility, benefits, and costs. The review shall include--
(A) an evaluation of motion-activated alert systems
that are capable of detecting and alerting the school
bus driver to students, pedestrians, bicyclists, and
other vulnerable road users located near the perimeter
of the school bus;
(B) an evaluation of advanced school bus flashing
lighting systems to improve communication to
surrounding drivers;
(C) an evaluation of early warning systems, including
radar-based warning systems, to alert school bus
drivers and students near the school bus that an
approaching vehicle is likely to engage in an illegal
passing; and
(D) other technologies that enhance school bus
safety, as determined by the Secretary.
(2) Publication.--The Secretary shall make the findings of
the review publicly available on the website of the Department
not later than 30 days after its completion.
(d) GAO Review of State Illegal Passing Laws and Driver Education.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report examining State laws and driver education
efforts regarding illegal passing of school buses.
(2) Contents.--The report required under paragraph (1) shall
include--
(A) an overview of each State's illegal school bus
passing laws, including how the laws are enforced and
what penalties are imposed on violators;
(B) a review of each State's driver education efforts
regarding illegal passing of school buses to determine
how each State educates and evaluates new drivers on
laws governing passing of a school bus; and
(C) recommendations on how States can improve driver
education and awareness of the dangers of illegally
passing school buses.
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) Review of State Inspection Practices.--The Secretary of
Transportation shall conduct a review of Federal Motor Carrier Safety
Regulations related to annual inspection of commercial motor vehicles
carrying passengers to determine--
(1) different inspection models in use for commercial motor
vehicles carrying passengers to satisfy the Federal inspection
requirement;
(2) the number of States that have mandatory annual State
vehicle inspections and whether such inspections are used to
satisfy the Federal inspection requirement for commercial motor
vehicles carrying passengers;
(3) the extent to which passenger carriers utilize self-
inspection to satisfy the Federal inspection requirement;
(4) the number of States that have the authority to require
the immobilization of impoundment of a commercial motor vehicle
carrying passengers if such a vehicle fails inspection; and
(5) the impact on the safety of commercial motor vehicles
carrying passengers, based on the inspection model employed.
(b) Report to Congress.--Not later than 1 year after the enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on--
(1) the findings of the review conducted under subsection
(a); and
(2) recommendations on changes to the Secretary's inspection
program regulations to improve the safety of commercial motor
vehicles carrying passengers.
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 subject to
Federal motor vehicle safety standard 136 under section
571.136 of title 49, Code of Federal Regulations,
(relating to electronic stability control systems for
heavy 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 in a variety of
driving conditions.
(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 applicable 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 applicable
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
applicable 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 subject to Federal motor vehicle safety
standard 136 under section 571.136 of title 49, Code of Federal
Regulations,(relating to electronic stability control systems for heavy
vehicles) that is in operation on or after the effective date of the
standard prescribed under subsection (a) be used at any time during
which such commercial motor vehicle is in operation.
(c) Report on Automatic Emergency Braking in Medium-duty Commercial
Motor Vehicles.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall,
with respect to commercial motor vehicles not subject to
Federal motor vehicle safety standard 136 under section 571.136
of title 49, Code of Federal Regulations--
(A) complete research on equipping commercial motor
vehicles with automatic emergency braking systems to
better understand the overall effectiveness of such
systems on a variety of commercial motor vehicles;
(B) assess the feasibility, benefits, and costs
associated with installing automatic emergency braking
systems on newly manufactured commercial motor vehicles
with a gross vehicle weight rating of 10,001 pounds or
more; and
(C) if warranted, develop performance standards for
such automatic emergency braking systems.
(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 automatic emergency braking
systems.
(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 paragraph
(1)(B);
(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
automatic emergency braking systems for applicable
commercial motor vehicles, including any analysis that
led to such determination.
(d) 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 vulnerable road
users ahead of the vehicle; and
(ii) to alert the operator of the vehicle of
an impending collision; and
(B) a crash-imminent braking function to provide
automatic braking when forward-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 semitrailers.--
(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 semitrailer
when a passenger vehicle traveling at 35 miles per hour
makes--
(i) an impact in which the passenger vehicle
impacts the center of the rear of the trailer
or semitrailer;
(ii) an impact in which 50 percent the width
of the passenger vehicle overlaps the rear of
the trailer or semitrailer; and
(iii) an impact in which 30 percent of the
width of the passenger vehicle overlaps the
rear of the trailer or semitrailer.
(B) Effective date.--The rule issued under
subparagraph (A) shall require full 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.--Not later than 30 days after the date of
enactment of this Act, 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 two
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 two 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''.
SEC. 4407. ADDITIONAL STATE AUTHORITY.
(a) Additional Authority.--Notwithstanding the limitation in section
127(d) of title 23, United States Code, if a State had in effect on or
before June 1, 1991, a statute or regulation which placed a limitation
on the overall length of a longer combination vehicle consisting of 3
trailers, such State may allow the operation of a longer combination
vehicle to accommodate a longer energy efficient truck tractor in such
longer combination vehicle under such limitation, if the additional
tractor length is the only added length to such longer combination
vehicle and does not result in increased cargo capacity in weight or
volume.
(b) Savings Clause.--Nothing in this section authorizes a State to
allow an increase in the length of a trailer, semitrailer, or other
cargo-carrying unit of a longer combination vehicle.
(c) Longer Combination Vehicle Defined.--The term ``longer
combination vehicle'' has the meaning given such term in section 127 of
title 23, United States Code.
SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR COMMERCIAL
MOTOR VEHICLES.
Section 31139(b) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``$750,000'' and inserting
``$2,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment.--The Secretary, in consultation with the
Bureau of Labor Statistics, shall adjust the minimum level of
financial responsibility under paragraph (2) quinquennially for
inflation.''.
SEC. 4409. UNIVERSAL ELECTRONIC IDENTIFIER.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation shall issue a final motor vehicle safety
standard that requires a commercial motor vehicle manufactured after
the effective date of such standard to be equipped with a universal
electronic vehicle identifier that--
(1) identifies the vehicle to roadside inspectors for
enforcement purposes;
(2) does not transmit personally identifiable information
regarding operators; and
(3) does not create an undue cost burden for operators and
carriers.
TITLE V--INNOVATION
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are 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 2023 through 2026.
(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 2023 through 2026.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $26,000,000 for each of fiscal
years 2023 through 2026.
(4) Intelligent transportation systems program.--To carry out
sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2023 through 2026.
(5) University transportation centers program.--To carry out
section 5505 of title 49, United States Code, $96,000,000 for
each of fiscal years 2023 through 2026.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $27,000,000 for
each of fiscal years 2023 through 2026.
(b) Additional Programs.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) 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 2023 through 2026 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 2023 through 2026 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 2023 through
2026 from funds made available to carry out sections 512
through 518 of title 23, United States Code.
(4) National cooperative multimodal freight transportation
research program.--To carry out section 70205 of title 49,
United States Code, $4,000,000 for each of fiscal years 2023
through 2026 from funds made available to carry out section
503(b) of title 23, United States Code.
(5) State surface transportation system funding pilots.--To
carry out section 6020 of the FAST Act (23 U.S.C. 503 note),
$35,000,000 for each of fiscal years 2023 through 2026 from
funds made available to carry out section 503(b) of title 23,
United States Code.
(6) National surface transportation system funding pilot.--To
carry out section 5402 of this title, $10,000,000 for each of
fiscal years 2023 through 2026 from funds made available to
carry out section 503(b) of title 23, United States Code.
(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)--
(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) in subparagraph (C)--
(I) in clause (iv) by striking ``;
and'' and inserting a semicolon;
(II) in clause (v) by striking the
period and inserting ``; and''; and
(III) by inserting at the end the
following:
``(vi) establishing best practices and
creating models and tools to support
metropolitan and statewide planning practices
to meet the considerations described in
sections 134(i)(2)(I) and 135(f)(10) of this
title, including--
``(I) strategies to address climate
change mitigation and impacts described
in sections 134(i)(2)(I)(ii) and
135(f)(10)(B) of this title and the
incorporation of such strategies into
long range transportation planning;
``(II) preparation of a vulnerability
assessment described in sections
134(i)(2)(I)(iii) and 135(f)(10)(C) of
this title; and
``(III) integration of these
practices with the planning practices
described in sections 5303(i)(2)(I) and
5304(f)(10) of title 49.'';
(C) in paragraph (5)(A)--
(i) in clause (iv) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (v) by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(vi) reducing greenhouse gas emissions and
limiting the effects of climate change.''; and
(D) 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 2023 through 2026 to carry out
this paragraph.''.
(b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and
the item relating to such section in the table of contents in section
1(b) of such Act, are repealed.
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.
Section 503 of title 23, United States Code, as amended by section
5101, is further amended by adding at the end the following:
``(d) Materials To Reduce Greenhouse Gas Emissions Program.--
``(1) In general.--Not later than 6 months after the date of
enactment of this subsection, the Secretary shall establish and
implement a program under which the Secretary shall award
grants to eligible entities to research and support the
development and deployment of materials that will capture,
absorb, adsorb, reduce, or sequester the amount of greenhouse
gas emissions generated during the production of highway
materials and the construction and use of highways.
``(2) Activities.--Activities under this section may
include--
``(A) carrying out research to determine the
materials proven to most effectively capture, absorb,
adsorb, reduce, or sequester greenhouse gas emissions;
``(B) evaluating and improves the ability of
materials to most effectively capture, absorb, adsorb,
reduce, or sequester greenhouse gas emissions;
``(C) supporting the development and deployment of
materials that will capture, absorb, adsorb, reduce, or
sequester greenhouse gas emissions; and
``(D) in coordination with standards-setting
organizations, such as the American Association of
State Highway and Transportation Officials, carrying
out research on--
``(i) the extent to which existing state
materials procurement standards enable the
deployment of materials proven to most
effectively reduce or sequester greenhouse gas
emissions;
``(ii) opportunities for States to adapt
procurement standards to more frequently
procure materials proven to most effectively
reduce or sequester greenhouse gas emissions;
and
``(iii) how to support or incentivize States
to adapt procurement standards to incorporate
more materials proven to most effectively
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 capture, absorb, adsorb, 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.--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 one grant in a fiscal year under
this subsection.
``(B) Matching requirements.--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.
``(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 capture,
absorb, adsorb, 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 (commonly known as the
`Paperwork Reduction Act').
``(8) Definition of eligible entity.--In this subsection, the
term `eligible entity' means--
``(A) 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); and
``(B) a State department of transportation.''.
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 2022,
and for each 5-year period thereafter, the Secretary'';
(2) in subsection (c)(1)--
(A) in subparagraph (C) by inserting ``and security
in the transportation system'' after ``safety'';
(B) in subparagraph (D) by inserting ``and the
existing transportation system'' after
``infrastructure'';
(C) in subparagraph (E) by striking ``; and'' and
inserting a semicolon;
(D) by amending subparagraph (F) to read as follows:
``(F) reducing greenhouse gas emissions; and''; and
(E) by adding at the end the following:
``(G) developing and maintaining a diverse workforce
in transportation sectors;''; and
(3) in subsection (d) by striking ``not later than December
31, 2016,'' and inserting ``not later than December 31,
2022,''.
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)--
(i) in subparagraph (A) by striking
``research priorities identified in chapter
65.'' and inserting the following: ``following
research priorities:
``(i) Improving the mobility of people and
goods.
``(ii) Reducing congestion.
``(iii) Promoting safety.
``(iv) Improving the durability and extending
the life of transportation infrastructure and
the existing transportation system.
``(v) Preserving the environment.
``(vi) Reducing greenhouse gas emissions.'';
and
(ii) in subparagraph (B)--
(I) by striking ``Technology and''
and inserting ``Technology,'';
(II) by inserting ``, the
Administrator of the Federal Transit
Administration,'' after ``Federal
Highway Administration''; and
(III) by striking ``and other modal
administrations as appropriate'' and
inserting ``and the Administrators of
other operating administrations, as
appropriate''; and
(B) by adding at the end the following:
``(7) Focused research considerations.--In awarding grants
under this section, the Secretary shall consider how the
program under this section advances research on the
cybersecurity implications of technologies relating to
connected vehicles, connected infrastructure, and automated
vehicles.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year after
the date of enactment of this 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(c)'' 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) Consideration.--In awarding grants under this
section, the Secretary shall consider historically
black colleges and universities, as such term is
defined in section 371(a) of the Higher Education Act
of 1965 (20 U.S.C. 1067q), and other minority
institutions, as such term is defined by section 365 of
the Higher Education Act (20 U.S.C. 1067k), or
consortia that include such institutions that have
demonstrated an ability in transportation-related
research.
``(D) Focused research.--
``(i) In general.--In awarding grants under
this section, the Secretary shall select not
less than one grant recipient with each of the
following focus areas:
``(I) Transit.
``(II) Connected and automated
vehicle technology, including
cybersecurity implications of
technologies relating to connected
vehicles, connected infrastructure, and
automated vehicle technology.
``(III) Non-motorized transportation,
including bicycle and pedestrian
safety.
``(IV) The surface transportation
workforce, including--
``(aa) current and future
workforce needs and challenges;
and
``(bb) the impact of
technology on the
transportation sector.
``(V) 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).'';
(3) in subsection (d)(3) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2023 through
2026'';
(4) by redesignating subsection (f) as 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.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``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) Applications.--To receive funding under this section, eligible
entities shall submit to the Secretary an application that is in such
form and contains such information as the Secretary may require.
``(d) Report.--Not later than 18 months after the date of enactment
of this section, and annually thereafter, the Secretary shall make
available to the public on a public website a report on the progress
and findings of the 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
2023 through 2026 to carry out this section.
``(2) Funding flexibility.--
``(A) In general.--For fiscal years 2023 through
2026, 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 representing
workers in freight transportation.
``(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.
(d) Workforce Development and Technical Training.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall, based on the study
conducted under subsection (a), develop a series of in-person
and online workforce development and technical training
courses--
(A) to reduce wildlife-vehicle collisions; and
(B) to improve habitat connectivity for terrestrial
and aquatic species.
(2) Availability.--The Secretary shall--
(A) make the series of courses developed under
paragraph (1) available for transportation and fish and
wildlife professionals; and
(B) update the series of courses not less frequently
than once every 2 years.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended in subsection (a)(2)--
(1) in subparagraph (B) by inserting ``, resilience,'' after
``safety'';
(2) in subparagraph (D) by striking ``and'' at the end;
(3) in subparagraph (E) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.'';
SEC. 5108. RESEARCH ACTIVITIES.
Section 330(g) of title 49, United States Code, is amended by
striking ``each of fiscal years 2016 through 2020'' and inserting
``each of fiscal years 2023 through 2026''.
SEC. 5109. TRANSPORTATION EQUITY RESEARCH PROGRAM.
(a) In General.--The Secretary of Transportation shall carry out a
transportation equity research program for research and demonstration
activities that focus on the impacts that surface transportation
planning, investment, and operations have on low-income populations,
minority populations, and other underserved populations that may be
dependent on public transportation. Such activities shall include
research on surface transportation equity issues, the development of
strategies to advance economic and community development in public
transportation-dependent populations, and the development of training
programs that promote the employment of low-income populations,
minority populations, and other underserved populations on Federal-aid
transportation projects constructed in their communities.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2023 through 2026.
(c) Availability of Amounts.--Amounts made available to the Secretary
to carry out this section shall remain available for a period of 3
years beginning after the last day of the fiscal year for which the
amounts are authorized.
SEC. 5110. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.
Section 502(b)(3)(C) of title 23, United States Code, is amended by
inserting ``entities that represent the needs of metropolitan planning
organizations,'' after ``Officials,''.
SEC. 5111. METROPOLITAN PLANNING RESEARCH PILOT PROGRAM.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall seek to
enter into an agreement with a nonprofit nongovernmental entity that
exclusively serves the needs and interests of metropolitan planning
organizations to establish a pilot program to provide awards to
eligible entities to carry out eligible activities to enhance and
improve metropolitan planning practices in surface transportation.
(b) Goals.--The goals of the pilot program established under this
section include--
(1) enhancing metropolitan planning practices in surface
transportation;
(2) improving the ability of metropolitan planning
organizations to meet performance measures and targets under
section 150 of title 23, United States Code;
(3) preparing for the impact that emerging technologies, such
as connected and automated vehicles, will have on the
metropolitan planning process;
(4) improving environmental considerations in the
metropolitan planning process;
(5) reducing greenhouse gas emissions and limiting the
effects of climate change;
(6) improving access to jobs and services;
(7) supporting underserved communities; and
(8) expanding the ability of metropolitan planning
organizations to collect public input and strengthen community
engagement.
(c) Forms of Assistance.--An award provided under this section may be
in the form of a grant, contract, or cooperative agreement.
(d) Competitive Selection Process.--
(1) Applications.--To be eligible to receive an award under
this section, an eligible entity shall submit to the Secretary
an application in such form and containing such information as
the Secretary may require.
(2) Selection criteria.--The Secretary may provide awards
under this section to any eligible entity based on the
demonstrated ability of the entity to fulfill the goals
described under subsection (b) and carry out eligible
activities.
(e) Transparency.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
describing the selection process for providing an award under this
section and the results of activities carried out under this section.
(f) Definitions.--In this section:
(1) Eligible activity.--The term ``eligible activity''
means--
(A) carrying out research to improve metropolitan
planning practices;
(B) developing new metropolitan planning tools;
(C) improving existing metropolitan planning tools
and practices; or
(D) any other research activities the Secretary
determines to be appropriate, consistent with the goals
under subsection (b).
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a metropolitan planning organization designated
under section 134(d) of title 23, United States Code;
(B) a metropolitan planning organization working in
partnership with a nonprofit organization;
(C) a metropolitan planning organization working in
partnership with a county; or
(D) a group of entities described under subparagraphs
(A) through (C).
(g) Federal Share.--The Federal share of the cost of an activity
carried out using an award under this section shall be 100 percent.
(h) Authorization of Appropriations.--
(1) In general.--From the amounts made available to carry out
section 503(b) of title 23, United States Code, for each of
fiscal years 2023 through 2026, the Secretary may expend
$1,000,000 to carry out this section.
(2) Administrative expenses.--Of the amounts made available
under paragraph (1), the Secretary may use up to 5 percent of
such funds for administrative expenses.
(i) Information Collection.--Any survey, 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 section, including customer satisfaction assessments, shall
not be subject to chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
SEC. 5112. INTEGRATED PROJECT DELIVERY.
(a) In General.--The Secretary of Transportation shall seek to enter
into an agreement with the National Academy of Sciences to support and
carry out a study of the effectiveness of integrated project delivery
in delivering large infrastructure projects.
(b) Contents.--
(1) Areas of study.--The study shall--
(A) identify best practices for surface
transportation project delivery with a focus on
delivery of large or complex projects;
(B) determine whether there are any regulatory
requirements that limit the use of integrated project
delivery and the purpose of such regulations; and
(C) analyze the effectiveness of integrated project
delivery compared to traditional project delivery
methods, including an analysis of outcomes related to
safety, cost effectiveness, environmental impacts, and
on-time project delivery.
(2) Methods.--In carrying out the study, the National Academy
of Sciences shall consult with entities with experience
managing, administering, or implementing integrated project
delivery projects.
(c) Report.--Not later than 1 year after the completion of the study
under subsection (a), the Secretary shall publish a report on the
results of the study under this section.
SEC. 5113. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED
DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.
Section 503(c) of title 23, United States Code, is amended by adding
at the end the following:
``(5) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall, to the extent
practicable, under the technology and innovation
deployment program established under paragraph (1),
promote, support, and document the application of
advanced digital construction management systems,
practices, performance, and benefits.
``(B) Goals.--The goals of promoting the accelerated
implementation and deployment of advanced digital
construction management systems established under
subparagraph (A) shall include--
``(i) accelerated State and local government
adoption of advanced digital construction
management systems applied throughout the
project delivery process (including through the
design and engineering, construction, and
operations phases) that--
``(I) maximize interoperability with
other systems, products, tools, or
applications;
``(II) boost productivity;
``(III) manage complexity and risk;
``(IV) reduce project delays and cost
overruns;
``(V) enhance safety and quality; and
``(VI) support sustainable design and
construction;
``(ii) more timely and productive
information-sharing among stakeholders through
digital collaboration platforms that connect
workflows, teams, and data and reduced reliance
on paper to manage construction processes and
deliverables;
``(iii) deployment of digital management
systems that enable and leverage the use of
digital technologies on construction sites by
contractors;
``(iv) the development and deployment of best
practices for use in digital construction
management;
``(v) increased technology adoption and
deployment by States and units of local
government that enables project sponsors--
``(I) to integrate the adoption of
digital management systems and
technologies in contracts; and
``(II) to weigh the cost of
digitization and technology in setting
project budgets;
``(vi) technology training and workforce
development to build the capabilities of
project managers and sponsors that enables
States and units of local government--
``(I) to better manage projects using
advance digital construction management
technologies; and
``(II) to properly measure and reward
technology adoption across projects of
the State or unit of local government;
``(vii) development of guidance to assist
States in updating regulations of the State to
allow project sponsors and contractors--
``(I) to report data relating to the
project in digital formats; and
``(II) to fully capture the
efficiencies and benefits of advanced
digital construction management systems
and related technologies;
``(viii) reduction in the environmental
footprint of construction projects using
advanced digital construction management
systems resulting from elimination of
congestion through more efficient projects;
``(ix) development of more sustainable
infrastructure that is designed to be more
resilient to climate impacts, constructed with
less material waste and made with more low-
emissions construction materials; and
``(x) enhanced worker and pedestrian safety
resulting from increased transparency.''.
Subtitle B--Technology Deployment
SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.
Section 503(c) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by inserting ``, while
considering the impacts on jobs'' after
``transportation community'';
(B) in subparagraph (D) by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (E) by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(F) reducing greenhouse gas emissions and limiting
the effects of climate change.''; and
(2) in paragraph (2)(A) by striking the period and inserting
``and findings from the materials to reduce greenhouse gas
emissions program under subsection (d).''.
SEC. 5202. ACCELERATED IMPLEMENTATION AND 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 2023 through
2026''; and
(3) in subparagraph (D)(ii)--
(A) in subclause (III) by striking ``; and'' and
inserting a semicolon;
(B) in subclause (IV) by striking the 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, all other recipients of
Federal surface transportation funds, and industry stakeholders,
including labor representatives, to identify and deploy proven
innovative practices and products that--
``(1) accelerate innovation deployment;
``(2) expedite the project delivery process;
``(3) improve environmental sustainability;
``(4) enhance roadway safety;
``(5) reduce congestion; and
``(6) reduce greenhouse gas emissions.
``(c) Considerations.--In carrying out the Every Day Counts
initiative, the Administrator shall consider any innovative practices
and products in accordance with subsections (a) and (b), including--
``(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.
``(g) Rule of Construction.--Nothing in this section may be construed
to allow the Secretary to waive any requirement under any other
provision of Federal law.''.
(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. 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 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)--
(i) by inserting ``increasing job
opportunities,'' after ``performance,''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(D) in clause (viii)--
(i) by striking ``accelerate the deployment''
and inserting ``prepare for the safe
deployment''; and
(ii) 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)--
(i) in subclause (II)(aa) by striking
``congestion'' and inserting ``congestion and
delays, greenhouse gas emissions'';
(ii) in subclause (III) by inserting
``economic,'' after ``mobility,''; and
(iii) in subclause (IV) by inserting
``organizations representing the surface
transportation workforce,'' after ``leaders,'';
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
measures established under section
150(c)(5); or
``(II) the greenhouse gas emissions
performance measures 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 crashes and
increase driver, passenger, bicyclist,
and pedestrian safety; or
``(IV) reduce greenhouse gas
emissions and limit the effects of
climate change.
``(v) Grant distribution.--In each fiscal
year, the Secretary shall award not fewer than
3 grants under this paragraph based on the
potential of the project to reduce the number
and severity of traffic crashes and increase,
driver, passenger, bicyclist, and pedestrian
safety.
``(vi) Workforce partnerships.--In awarding a
grant under this paragraph, the Secretary shall
consider, to the extent practicable, any
demonstrated partnership of the applicant with
representatives of the surface transportation
workforce.'';
(5) in subparagraph (E)--
(A) in clause (iv) by inserting ``consistent with
section 5312 of title 49'' after ``systems'';
(B) in clause (vi)--
(i) by inserting ``, vehicle-to-pedestrian,''
after ``vehicle-to-vehicle''; and
(ii) by inserting ``systems to improve
vulnerable road user safety,'' before
``technologies associated with'' ;
(C) in clause (viii) by striking ``; or'' and
inserting a semicolon;
(D) in clause (ix) by striking ``disabled
individuals.'' and inserting ``disabled individuals,
including activities under section 5316 of title 49;'';
and
(E) by adding at the end the following:
``(x) measures to safeguard surface
transportation system technologies under this
subparagraph from cybersecurity threats; or
``(xi) retrofitting dedicated short-range
communications technology deployed as part of
an existing pilot program to cellular vehicle-
to-everything technology.'';
(6) by striking subparagraph (G) and inserting the following:
``(G) Reporting.--
``(i) Applicability of law.--The program
under this paragraph shall be subject to the
accountability and oversight requirements in
section 106(m).
``(ii) Report.--Not later than 3 years after
the date that the first grant is 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 provided benefits, such as 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;
``(VIII) created or maintained
transportation jobs and supported
transportation workers; or
``(IX) provided other benefits to
transportation users, workers, 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 ``Funding'' and all that
follows through ``the Secretary may set aside'' and inserting
the following: ``Funding.--Of the amounts made available to
carry out this 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) in subparagraph (K) by striking ``amount described under
subparagraph (I)'' and inserting ``funds made available to
carry out this paragraph'';
(10) by striking subparagraph (M) and 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 made available to
carry out this paragraph in a fiscal year that
the Secretary has not yet awarded under this
paragraph; and
``(ii) an amount of obligation limitation
equal to the amount of funds that the Secretary
transfers under clause (i).''; and
(11) 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 from a labor organization;
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(a) of title 23, United
States Code, is amended by inserting ``including through grants to
entities or groups of entities, such as institutions of higher
education,'' after ``research and development,''.
(e) Research and Development Priority Areas.--Section 516(b) of title
23, United States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively;
(2) by inserting after paragraph (4) the following:
``(5) demonstrate reductions in greenhouse gas emissions;'';
(3) in paragraph (7), as so redesignated, by striking ``;
or'' and inserting a semicolon;
(4) in paragraph (8), as so redesignated, by striking the
period and inserting a semicolon; and
(5) by adding at the end the following:
``(9) integrate existing observational networks and data
management systems for road weather applications; or
``(10) facilitate the interconnectivity of data and
information technology systems across different observational
networks and different users.''.
SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION
CLEARINGHOUSE.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``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 and mobility innovation 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 is designed to be operated
by a level 3 or level 4 automated driving system for trips
within its operational design domain or a level 5 automated
driving system for all trips according to the recommended
standards published in April 2021, by the Society of Automotive
Engineers International (J3016l9 202104) or, when adopted,
equivalent standards established by the Secretary under chapter
301 of title 49, United States Code, with respect to automated
motor vehicles.
``(2) 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 systems,
real estate, accessibility, municipal budgets, social equity,
availability and quality of jobs, air quality and climate,
energy consumption, and the environment.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5506, as added by this Act, 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, motorcyclist, 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;
(E) for motorcyclist road users, the close proximity
to other motor vehicles within which motorcyclists
operate, including operating between lanes of slow or
stopped traffic; and
(F) 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 and developers of both passenger
and commercial automated vehicles;
(O) a motorcyclist rights group; and
(P) other industries and entities as the Secretary
determines appropriate.
(3) Duties.--The working group established under paragraph
(1) shall assist the Secretary by, at a minimum--
(A) assisting in the development of the scope of the
study under subsection (b);
(B) reviewing the data and analysis from such study;
(C) provide ongoing recommendations and feedback to
ensure that such study reflects the contents described
in paragraphs (2) and (3) of subsection (b); and
(D) providing input to the Secretary on
recommendations required under subsection (b)(2)(C).
(4) Applicability of the federal advisory committee act.--The
working group under this subsection shall be subject to the
Federal Advisory 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 that is designed to be operated by a level 3 or
level 4 automated driving system for trips within its
operational design domain or a level 5 automated driving system
for all trips according to the recommended standards published
in April 2021, by the Society of Automotive Engineers
International (J3016l9 202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) 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;
(I) users of shared micromobility (including
bikesharing and shared scooter systems); and
(J) other road users that may interact with automated
vehicles, as determined by the Secretary of
Transportation.
(3) Vulnerable road user.--The term ``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. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a
program to make grants to eligible entities to develop a curriculum
for, and establish, transportation workforce training programs in urban
and rural areas to train, retrain, or upgrade the skills of surface
transportation workers--
(1) whose employment may be changed or worsened by
automation;
(2) who have been separated from employment; or
(3) who have received notice of impending employment loss as
a result of being replaced by the use of automated vehicles.
(b) Eligible Entities.--The following entities shall be eligible to
receive grants under this section:
(1) Institutions of higher education.
(2) Consortia of institutions of higher education.
(3) Nonprofit organizations with a demonstrated capacity to
develop and provide career pathway programs through labor-
management partnerships, pre-apprenticeships, or registered
apprenticeships on a nationwide basis.
(4) Local governments.
(c) Limitation on Awards.--An entity may only receive one grant in a
fiscal year under this section.
(d) Use of Funds.--
(1) In general.--A recipient of a grant under this section
may only use grant amounts for developing and carrying out
training programs, including--
(A) identifying and testing new duties for existing
jobs impacted by the use of automated vehicles,
including mechanical work, diagnostic work, and fleet
operations management;
(B) educational programs, including--
(i) coursework or curricula through which
participants may pursue a degree or
certification; and
(ii) tuition and direct education expenses,
excluding salaries, in connection with the
education and training of surface
transportation workers whose jobs have been
affected by the use of automated vehicles; and
(C) employee professional development, including
worker training or retraining, including train-the-
trainer programs, to upgrade the skills of surface
transportation workers whose jobs have been affected by
the use of automated vehicles.
(2) Reporting.--A recipient of a grant under this section
shall report to the Secretary the following information:
(A) The sectors of the surface transportation system
from which workers are being displaced.
(B) The skills and professions for which workers are
being retrained.
(C) How many workers have benefitted from a grant
awarded under this section.
(D) Relevant demographic information of impacted
workers.
(3) Limitation.--Funds made available under this section may
not be used to evaluate the effectiveness of automated vehicle
technologies.
(e) Selection Criteria.--In selecting grant recipients under this
section, the Secretary shall consider the extent to which an
applicant--
(1) demonstrates the capability to develop curricula and
provide training, provide retraining, or upgrade the skills of
individuals described in subsection (a);
(2) will provide program participants with practical
experience and on-the-job training; and
(3) demonstrates a commitment to carry out a surface
transportation workforce development program through degree-
granting programs or programs that provide other industry-
recognized credentials.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a grant
under this section shall be 100 percent.
(2) Availability of funds.--For a recipient of a grant under
this section carrying out activities under such grant in
partnership with a public transportation agency that is
receiving funds under section 5307, 5337, or 5339 of title 49,
United States Code, up to 0.5 percent of amounts made available
under any such section may qualify as the non-Federal share
under paragraph (1).
(g) Report Requirements.--Not later than 60 days after grants are
awarded in a fiscal year under this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committees on Commerce, Science, and
Transportation, Banking, Housing, and Urban Affairs, and Environment
and Public Works of the Senate, and make publicly available, a report
that includes--
(1) a list of all grant recipients for such fiscal year;
(2) an explanation of why each recipient was chosen in
accordance with the selection criteria under subsection (e);
(3) a summary of activities planned to be carried out by each
recipient and how such activities relate to the goals
established under subsection (a);
(4) the grant amount awarded to each recipient; and
(5) the information required to be provided to the Secretary
under subsection (d)(2).
(h) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle'' means
a motor vehicle that is designed to be operated by a level 3 or
level 4 automated driving system for trips within its
operational design domain or a level 5 automated driving system
for all trips according to the recommended standards published
in April 2021, by the Society of Automotive Engineers
International (J3016l9 202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(4) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has a
demonstrated partnership with one or more registered
apprenticeships.
(5) 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).
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2023 through 2026 to carry
out this section.
(2) Availability of amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for
a period of 3 years after the last day of the fiscal year for
which the amounts are authorized.
SEC. 5307. THIRD-PARTY DATA INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall establish and
implement a pilot program (in this section referred to as the
``program'') to leverage anonymous crowdsourced data from third-party
entities to improve transportation management capabilities and
efficiency on Federal-aid highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to implement integrated
traffic management systems which leverage real-time data to provide
dynamic and efficient traffic-flow management for purposes of--
(1) adjusting traffic light cycle times to optimize traffic
management and decrease congestion;
(2) expanding or contracting lane capacity to meet traffic
demand;
(3) enhancing traveler notification of service conditions;
(4) prioritizing high-priority vehicles such as emergency
response and law enforcement within the transportation system;
and
(5) any other purposes which the Secretary deems an
appropriate use of anonymous user data.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data for
public purposes; and
(2) protecting privacy and security of individual user data.
(g) Report.--The Secretary shall annually submit a report 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) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b);
(3) policy recommendations to improve integration of systems
between public and private entities; and
(4) a description of costs associated with equipping and
maintaining systems.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
SEC. 5308. THIRD-PARTY DATA PLANNING INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after enactment of this Act,
the Secretary of Transportation shall establish and implement a pilot
program (in this section referred to as the ``program'') to leverage
anonymous crowdsourced data from third-party entities to improve
transportation management capabilities and efficiency on Federal-aid
highways.
(b) Goals.--The goals of the program include the utilization of
anonymous crowdsourced data from third parties to--
(1) utilize private-user data to inform infrastructure
planning decisions for the purposes of--
(A) reducing congestion;
(B) decreasing miles traveled;
(C) increasing safety;
(D) improving freight efficiency;
(E) enhancing environmental conditions; and
(F) other purposes as the Secretary deems necessary.
(c) Partnership.--In carrying out the program, the Secretary is
authorized to enter into agreements with public and private sector
entities to accomplish the goals listed in subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure the
protection of privacy for all sources of data utilized in the program,
promoting cybersecurity to prevent hacking, spoofing, and disruption of
connected and automated transportation systems.
(e) Program Locations.--In carrying out the program, the Secretary
shall initiate programs in a variety of areas, including urban,
suburban, rural, tribal, or any other appropriate settings.
(f) Best Practices.--Not later than 3 years after date of enactment
of this Act, the Secretary shall publicly make available best practices
to leverage private user data to support improved transportation
management capabilities and efficiency, including--
(1) legal considerations when acquiring private user data for
public purposes; and
(2) protecting privacy and security of individual user data.
(g) Report.--The Secretary shall annually submit a report 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) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b); and
(3) policy recommendations to improve the implementation of
anonymous crowdsourced data into planning decisions.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out the program.
(i) Sunset.--On a date that is 5 years after the enactment of this
Act, this program shall cease to be effective.
SEC. 5309. AUTOMATED COMMERCIAL VEHICLE REPORTING.
(a) Establishment.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall establish a
repository for submitting entities to submit information to the
Secretary on operations of automated commercial motor vehicles in
interstate commerce.
(b) Purposes.--The purpose of this section shall be to ensure
automated commercial motor vehicle safety and transparency in
developing and maintaining the repository under this section.
(c) Information Required.--
(1) Submissions.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a process
for submitting entities operating automated commercial motor
vehicles in interstate commerce to provide the following
information in accordance with paragraph (2):
(A) The name of the submitting entity responsible for
the operation of an automated commercial motor vehicle
or vehicles.
(B) The make, model, and weight class of such vehicle
or vehicles.
(C) The intended level of automation of such vehicle
or vehicles, according to the taxonomy described in
subsection (f)(1).
(D) The Department of Transportation number or
operating authority assigned to the submitting entity
described in subparagraph (A), if applicable.
(E) A list of States in which the operation of such
vehicle or vehicles will occur and a list of Federal-
aid highways (as defined in section 101(a) of title 23,
United States Code) on which the operation will occur,
as well as total miles traveled in the previous year on
a biannual basis.
(F) Any cargo classifications or passengers to be
transported in such vehicle or vehicles, including
whether the submitting entity is transporting such
cargo or passengers under contract with another entity.
(G) Documentation of training or certifications
provided to any drivers, or other individuals directly
involved in the performance of the dynamic driving task
or fallback during operation of the vehicle, if any.
(H) Any fatigue management plans or work hour
limitations applicable to drivers, if any, consistent
with such standards of the Department regarding
automated commercial motor vehicle drivers.
(I) Law enforcement interaction plans for automated
commercial motor vehicles submitted to State
transportation agencies or State and local law
enforcement agencies.
(J) Proof of insurance coverage.
(2) Submission and updates.--
(A) In general.--A submitting entity responsible for
the operation of an automated commercial motor vehicle
shall provide the information required under this
subsection not later than 60 days after the Secretary
has published the notice establishing the process
described in paragraph (1).
(B) Material change of information.--The submitting
entity responsible for the operation of an automated
commercial motor vehicle shall notify the Secretary of
any material changes to the information previously
provided pursuant to this subsection on an annual
basis, or on a more frequent basis specified by the
Secretary.
(C) Amendment and correction.--If a submitting entity
responsible for the operation of an automated
commercial motor vehicle submits incomplete or
inaccurate information pursuant to subsection (c), the
submitting entity shall be given an opportunity to
amend or correct the submission within a reasonable
timeframe to be established by the Secretary.
(d) Public Availability of Information.--
(1) In general.--The Secretary shall make available on a
publicly accessible website of the Department of Transportation
the following information on automated commercial motor
vehicles:
(A) The prevalence of planned operations of such
vehicles.
(B) The characteristics of such operations.
(C) The geographic location of such operations in a
safe manner that reflects only the most significant
public road or roads on which the majority of the route
takes place, as determined appropriate by the
Secretary.
(2) Protection of information.--Any data collected under
subsection (c) and made publicly available pursuant to this
subsection shall be made available in a manner that--
(A) precludes the connection of the data to any
individual motor carrier, shipper, company, vehicle
manufacturer, or other submitting entity submitting
data;
(B) protects the safety, privacy, and confidentiality
of individuals, operators, and submitting entities
submitting the data; and
(C) protects from disclosing--
(i) trade secrets; and
(ii) information obtained from a submitting
entity that is commercial or financial and
privileged or confidential, in accordance with
section 552(b)(4) of title 5, United States
Code.
(e) Crash Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall require submitting
entities to submit information regarding collisions which occur
during the operation of an automated commercial motor vehicle
on public roads while the vehicle's automated driving system is
engaged, including--
(A) fatalities or bodily injury to persons who, as a
result of the injury, immediately receive medical
treatment away from the scene of a collision involving
the automated commercial motor vehicle;
(B) collisions or damage to property involving an
automated commercial motor vehicle that results in an
automated commercial motor vehicle or a motor vehicle
being transported away from the scene by a tow truck or
other motor vehicle;
(C) a full description of how the collision or damage
to property occurred, including, if applicable, the
role of the automated driving system; and
(D) the mode of transportation used by any road users
involved in the collision, including general road
users, as such term is defined under section 5304 of
this Act.
(2) Data availability.--The Secretary shall ensure that any
submitting entity submitting information under this subsection
that has a Department of Transportation number or operating
authority from the Federal Motor Carrier Safety
Administration--
(A) shall be subject to safety monitoring and
oversight under the Compliance, Safety, and
Accountability program of the Federal Motor Carrier
Safety Administration; and
(B) shall be included when the Secretary restores the
public availability of relevant safety data under such
program under section 4202(b) of this Act.
(3) Rulemaking.--
(A) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall initiate
a rulemaking to define the term ``safety incident'',
including collisions, with respect to automated
commercial motor vehicle safety.
(B) Update.--Notwithstanding paragraph (1), the
Secretary shall carry out this subsection to require
submitting entities to submit information regarding
safety incidents instead of collisions upon issuing a
final rule under subparagraph (A).
(C) Voluntary reporting.--
(i) In general.--To support the rulemaking
under this paragraph, the Secretary shall
establish a mechanism through which entities
may voluntarily report safety data or other
information regarding automated commercial
motor vehicles.
(ii) Use of data.--The data collected under
this subparagraph may only be used to support
the rulemaking under this paragraph.
(iii) Protection from disclosure.--Data or
other information submitted under this
subparagraph--
(I) shall not be made publicly
available; and
(II) shall not be disclosed to the
public by the Secretary pursuant to
section 552(b)(4) of title 5, United
States Code, if the data or other
information is submitted to the
Secretary voluntarily and is not
required to be submitted to the
Secretary under any other provision of
law.
(f) Definitions.--In this section:
(1) Automated commercial motor vehicle.--The term ``Automated
commercial motor vehicle'' means a commercial motor vehicle (as
such term is defined in section 31132 of title 49, United
States Code) that is designed to be operated by a level 3 or
level 4 automated driving system for trips within its
operational design domain or a level 5 automated driving system
for all trips according to the recommended taxonomy published
in April 2021, by the Society of Automotive Engineers
International (J3016_202104) or, when adopted, equivalent
standards established by the Secretary under chapter 301 of
title 49, United States Code, with respect to automated motor
vehicles.
(2) Broker.--The term ``broker'' has the meaning given such
term under section 13102 of title 49, United States Code.
(3) Employer.--The term ``employer'' has the meaning given
such term under section 31132 of title 49, United States Code.
(4) Freight forwarder.--The term ``freight forwarder'' has
the meaning given such term in section 13102 of title 49,
United States Code.
(5) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
(6) Submitting entity.--The term ``submitting entity'' means
either--
(A) a motor carrier; or
(B) a company that is carrying out motor carrier-
related operations in interstate commerce on public
roads or an employer thereof, such as a motor carrier,
freight forwarder, or broker.
(7) Truck platooning.--The term ``truck platooning'' means a
series of commercial motor vehicles traveling in a unified
manner with electronically coordinated braking, acceleration,
and steering with a driver in the lead commercial motor
vehicle.
(g) Duplicative Reporting.--
(1) In general.--The Secretary may not require duplicative
reporting.
(2) Joint submissions.--Submitting entities working in
partnership on the same automated commercial motor vehicle
operational trips shall make 1 submission of the information
required under this section for each general route, as
determined appropriate by the Secretary.
(3) Information.--In developing the reporting process
required under subsection (c), the Secretary shall ensure, to
the extent practicable, that submitting entities are not
required to submit information previously reported to the
Secretary under chapters 139 or 311 of title 49, United States
Code.
(h) Savings Provision.--Nothing in this section shall add to or
detract from any existing--
(1) enforcement authority of the Department of
Transportation; or
(2) authority to operate automated commercial motor vehicles
in interstate commerce on public roads.
(i) Penalties.--An entity that violates any provision of this section
shall be subject to civil penalties under section 521(b)(2)(B), of
title 49, United States Code, and criminal penalties under section
521(b)(6)(A) of such title, and any other applicable civil and criminal
penalties, as determined by the Secretary.
(j) Treatment.--In carrying out this section, the Secretary shall
treat truck platooning operations the same as automated commercial
motor vehicles.
SEC. 5310. TASK FORCE TO PROMOTE AMERICAN VEHICLE COMPETITIVENESS.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end the following:
``CHAPTER 66--DOMESTIC PRODUCTION OF ELECTRIC VEHICLES
``Sec.
``6601. Task force.
``6602. Critical mineral sourcing.
``Sec. 6601. Task force
``(a) Establishment.--The Secretary of Transportation shall establish
a Task Force to Promote American Vehicle Competitiveness (hereinafter
referred to as the `Task Force') in accordance with this section.
``(b) Membership.--
``(1) In general.--The Task Force shall be composed of the
following officers:
``(A) The Secretary of Transportation.
``(B) The Secretary of the Interior.
``(C) The Secretary of Commerce.
``(D) The Secretary of Energy.
``(E) The Administrator of the Environmental
Protection Agency.
``(2) Additional members.--The Secretary may designate
additional members to serve on the Task Force.
``(3) Officers.--The Secretary of Transportation shall serve
as Chair and may designate officials to serve as the Vice
Chair, and on any working groups of the task force.
``(c) Duties.--The Task Force shall--
``(1) identify and resolve any jurisdictional or regulatory
gaps or inconsistencies associated with domestic sourcing and
production of electric vehicle batteries to eliminate, so far
as practicable, impediments to the prompt and safe deployment
of domestically produced electric vehicle batteries, including
with respect to safety regulation and oversight, environmental
review, and funding issues;
``(2) coordinate agency oversight of nontraditional and
emerging electric vehicle battery sourcing and production
technologies, projects, and engagement with external
stakeholders;
``(3) within applicable statutory authority other than this
subsection, develop, recommend, and establish processes,
solutions, and best practices for identifying, managing, and
resolving issues regarding domestic sourcing and production of
electric vehicle batteries; and
``(4) carry out such additional duties as the Secretary of
Transportation may prescribe, to the extend consistent with
this title.
``(d) Report.--Not later than 12 months after the date of enactment
of this section, and annually thereafter, the Task Force shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on the Environment and Public Works
of the Senate a report containing findings on electric vehicle battery
sourcing and production issues in the United States, recommended
strategies or measures to streamline sourcing and production and
promote American competitiveness, and any recommended legislative
solutions.
``Sec. 6602. Critical mineral sourcing
``(a) In General.--The Secretary of Transportation, in conjunction
with the Task Force to Promote American Vehicle Competitiveness, shall
coordinate with the appropriate agencies to increase domestic sourcing
of critical minerals and domestic production of electric vehicle
batteries.
``(b) Department Coordination.--The Department of Transportation
shall coordinate with the Task Force and prioritize accordingly when
making awards under section 5339(c) and sections 151 and 155 of title
23.''.
(b) Clerical Amendment.--The table of chapters for subtitle III of
title 49, United States Code, is amended by adding at the end the
following new item:
``66. Domestic Production of Electric Vehicles.............. 6601''.
Subtitle D--Surface Transportation Funding Pilot Programs
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.
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 or a group of States under this section for the
following projects:
``(A) State pilot projects.--
``(i) In general.--A pilot project to
demonstrate a user-based alternative revenue
mechanism in a State.
``(ii) Limitation.--If an applicant has
previously been awarded a grant under this
section, such applicant's proposed pilot
project must be comprised of core activities or
iterations not substantially similar in manner
or scope to activities previously carried out
by the applicant with a grant for a project
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; or
``(ii) that demonstrates progress towards
implementation of a user-based alternative
revenue mechanism, with consideration for
previous grants awarded to the applicant under
this section.'';
(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) 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 2023, $17,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $17,500,000
shall be used to carry out projects under subsection (b)(2)(B);
``(2) for fiscal year 2024, $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 2025, $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 2026, $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
obligated 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 vehicle-miles-traveled collection tools, which
may include the following:
(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, electric vehicle charging infrastructure, or
alternative fueling infrastructure.
(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 fuel),
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) Advisory Board.--
(1) In general.--The Secretary shall establish an advisory
board to advise the Secretary on--
(A) advancing and implementing the pilot program
under this section;
(B) carrying out the public awareness campaign under
subsection (g); and
(C) developing the report under subsection (m).
(2) Members.--The advisory board shall, at a minimum, include
the following entities, to be appointed by the Secretary--
(A) State departments of transportation;
(B) any public or nonprofit entity that led a surface
transportation system funding alternatives pilot
project under section 6020 of the FAST Act (23 U.S.C.
503 note; Public Law 114-94) (as in effect on the day
before the date of enactment of this Act);
(C) representatives of the trucking industry,
including owner-operator independent drivers;
(D) data security experts with expertise in personal
privacy;
(E) academic experts on surface transportation;
(F) consumer advocates; and
(G) advocacy groups focused on equity.
(g) Public Awareness Campaign.--
(1) In general.--The Secretary of Transportation, with
guidance from the advisory board under subsection (f), 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), and information related
to consumer privacy.
(2) Considerations.--In carrying out the public awareness
campaign under this subsection, the Secretary shall consider
issues unique to each State.
(h) 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.
(i) Agreement.--The Secretary of Transportation may enter into an
agreement with a volunteer participant or an owner of data or
technologies, as describe under paragraph (c)(1) containing such terms
and conditions as the Secretary considers necessary for participation
in the pilot program.
(j) Limitation.--Any revenue collected through the mechanism
established in subsection (h) shall not be considered a toll under
section 301 of title 23, United States Code.
(k) Highway Trust Fund.--The Secretary of the Treasury shall ensure
that any revenue collected under subsection (h) is deposited into the
Highway Trust Fund.
(l) 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.
(m) 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 (e)(2) were
complied with;
(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;
(4) how the personal privacy of volunteers was maintained;
and
(5) equity effects of the pilot program, including the
effects of the program on low-income commuters.
(n) 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 section, including customer satisfaction assessments, shall
not be subject to chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(o) 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.
(p) 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 three 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 the impact that commercial vehicle sizing,
design, and safety measures have on women in comparison to men,
and to identify designs that may improve the health and safety
of women drivers.
(3) To identify research topics for further development and
best practices to improve seating.
(4) 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. TRANSPORTATION WORKFORCE OUTREACH PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 5508. Transportation workforce outreach program
``(a) In General.--The Secretary shall establish and administer a
transportation workforce outreach program that carries out a series of
public service announcement campaigns during fiscal years 2023 through
2026.
``(b) Purpose.--The purpose of each campaign carried out under the
program shall be to achieve the following objectives:
``(1) Increase awareness of career opportunities in the
transportation sector, including aviation pilots, safety
inspectors, mechanics and technicians, maritime transportation
workers, air traffic controllers, flight attendants, truck
drivers, engineers, transit workers, railroad workers, and
other transportation professionals.
``(2) Increase diversity, including race, gender, ethnicity,
and socioeconomic status, of professionals in the
transportation sector.
``(c) Advertising.--The Secretary may use, or authorize the use of,
funds available to carry out the program for the development,
production, and use of broadcast, digital, and print media advertising
and outreach in carrying out campaigns under this section.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each fiscal
years 2023 through 2026.''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
subchapter I of title 49, United States Code, is further amended by
inserting after the item relating to section 5507, as added by this
Act, the following:
``5508. Transportation workforce outreach program.''.
SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.
Section 6305 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``The Director'' and all
that follows to the period and inserting ``Notwithstanding
section 418 of the FAA Reauthorization Act of 2018 (Public Law
115-254), not later than 6 months after the date of enactment
of the INVEST in America Act, the Director shall establish and
consult with an advisory council on transportation
statistics.''; and
(2) by striking subsection (d)(3).
SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States 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 review of the
extent to which the Secretary is considering the needs of and awarding
funding through covered discretionary grant programs to projects that
serve--
(1) low-income communities;
(2) minority communities; and
(3) populations that are underserved or have limited
transportation choices.
(b) Recommendations.--The Comptroller General shall include as part
of the review under subsection (a) recommendations to the Secretary on
possible means to improve consideration of projects that serve the
unique needs of communities described in subsection (a)(1).
(c) Definition of Covered Discretionary Grant Program.--For purposes
of this section, the term ``covered discretionary grant programs''
means the Projects of National and Regional Significance program under
section 117 of title 23, the Community Transportation Investment Grant
program under section 173 of such title, and the Community Climate
Innovation Grant program under section 172 of such title.
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''; and
(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) using data from the
most recent decennial Census; 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. TRANSPORTATION EQUITY ADVISORY COMMITTEE.
(a) Establishment.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish an advisory committee, to be known as the
Transportation Equity Committee (referred to in this section as
the ``Committee''), regarding comprehensive and
interdisciplinary issues related to transportation equity from
a variety of stakeholders in transportation planning, design,
research, policy, and advocacy.
(2) Purpose of the advisory committee.--The Committee
established under paragraph (1) shall provide independent
advice and recommendations to the Secretary on transportation
equity, including developing a strategic plan with
recommendations to the Secretary on national transportation
metrics and the effect on such factors as economic development,
connectivity, and public engagement.
(b) Duties.--The Committee shall evaluate the work of the Department
of Transportation in connecting people to economic and related forms of
opportunity and revitalize communities in carrying out its strategic,
research, technological, regulatory, community engagement, and economic
policy activities related to transportation and opportunity. Decisions
directly affecting implementation of transportation policy remain with
the Secretary.
(c) Membership.--
(1) In general.--The Secretary shall appoint an odd number of
members of not less than 9 but not more than 15 members (with a
quorum consisting of a majority of members rounded up to the
nearest odd number), to include balanced representation from
academia, community groups, industry and business, non-
governmental organizations, State and local governments,
federally recognized Tribal Governments, advocacy
organizations, and indigenous groups with varying points of
view.
(2) Broad representation.--To the extent practicable, members
of the Committee shall reflect a variety of backgrounds and
experiences, geographic diversity, including urban, rural,
tribal, territories, and underserved and marginalized
communities throughout the country, and individuals with
expertise in related areas such as housing, health care, and
the environment.
(3) Replacement for non-active members .--The Secretary may
remove a non-active member who misses 3 consecutive meetings
and appoint a replacement to service for the period of time set
forth in paragraph (5).
(4) Meetings.--The Committee shall meet not less than 2 times
each year with not more than 9 months between meetings at a
reasonable time, in a place accessible to the public, and in a
room large enough to accommodate the Committee members, staff,
and reasonable number of interested members of the public. The
room in which the Committee meets shall be large enough to
accommodate at least 100 and shall be compliant with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
(5) Term.--Each member of the Committee shall serve a 2-year
term with not more than 2 consecutive term reappointments, but
may continue service until a replacement is appointed.
(6) Support.--The Office of the Under Secretary for Policy of
the Department of the Department of Transportation shall
provide necessary funding, logistics, and administrative
support for the Committee.
(d) Application of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Committee established under this
section, with the exception of section 14 of such Act.
SEC. 6009. SENSE OF CONGRESS.
It is the sense of the Congress that walking, bicycling, and public
transportation are complementary modes of transportation, and that
pedestrian and bicycle pathways and related improvements within the
right-of-way of public transportation are an appropriate use of the
right-of-way for the benefit of the public, do not exceed the
reasonable use of the right-of-way, and every effort should be made to
support the development and safe operation of such pedestrian and
bicycle pathways.
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) Buy America Application.--Section 602(c)(1) of title 23, United
States Code, is amended by striking ``of title 49'' inserting ``and
section 22905(a) of title 49, subject to the requirements of section
5320(o) of title 49,''.
(c) 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.''.
(d) 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).''.
(e) 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.''.
(f) 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''.
(g) Administrative Funds.--Section 608(a)(5) of title 23, United
States Code, is amended by striking ``$6,875,000'' and all that follows
through the period and inserting ``2.5 percent for the administration
of the TIFIA program.''.
(h) 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).''.
(i) 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 2021''.
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) $75,000,000 for fiscal year 2022;
``(2) $70,000,000 for fiscal year 2023;
``(3) $71,000,000 for fiscal year 2024;
``(4) $73,000,000 for fiscal year 2025; and
``(5) $74,000,000 for fiscal year 2026.'';
(2) in subsection (b)--
(A) by striking ``fiscal years 2016 through 2020''
and inserting ``fiscal years 2022 through 2026'';
(B) in paragraph (1) by striking ``$21,988,000'' and
inserting ``$24,025,000''; and
(C) in paragraph (4) by striking ``$1,000,000'' and
inserting ``$2,000,000'';
(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 2022 through 2026'';
(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 2022 through 2026'';
(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 2022 through 2026 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.''.
(c) Lithium Battery Safety Evaluation and Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Pipeline and
Hazardous Materials Safety Administration, in coordination with
the Administrator of the Federal Aviation Administration, shall
evaluate outstanding recommendations of the National
Transportation Safety Board regarding transportation of lithium
batteries by air.
(2) 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 Commerce,
Science, and Transportation of the Senate, a report on the
evaluation described in paragraph (1).
SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.
(a) Stay of Authorization for Transportation of Liquefied Natural Gas
by Tank Car.--
(1) In general.--Any regulation authorizing the
transportation of liquefied natural gas by rail tank car issued
before the date of enactment of this Act shall have no force or
effect until--
(A) the Secretary of Transportation conducts the
evaluation, testing, and analysis required in
subsections (b), (c), and (d);
(B) the Secretary issues the report required by
subsection (e);
(C) the Comptroller General of the United States
completes the evaluation and report required under
subsection (g); and
(D) the Secretary issues a final rule updating the
regulation described in this paragraph that
incorporates the additional data, research, and
analysis required under this section.
(2) Permit or approval.--The Secretary 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.
(b) Evaluation.--Not later than 120 days after the date of enactment
of this Act, the Administrator of the Pipeline and Hazardous Materials
Safety Administration, in coordination with the Administrator of the
Federal Railroad Administration, shall initiate an evaluation of the
safety, security, and environmental risks of transporting liquefied
natural gas by rail.
(c) Testing.--In conducting the evaluation under subsection (a), the
Administrator of the Pipeline and Hazardous Materials Safety shall--
(1) perform physical testing of rail tank cars, including, at
a minimum, the DOT-113C120-W9 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 three 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.
(d) Other Factors To Consider.--In conducting the evaluation under
subsection (b), the Administrator of the Pipeline and Hazardous
Materials Safety 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 safety benefits of route restrictions, speed
restrictions, enhanced brake requirements, personnel
requirements, rail tank car technological requirements, and
other operating controls;
(2) the inclusion 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.
(e) 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 (b) and (c), 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.
(f) 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
(b).
(g) GAO Report.--After the evaluation required by subsection (b) has
been completed, the Comptroller General 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.
(h) Funding.--From the amounts made available for fiscal year 2022
under section 5128(a) of title 49, United States Code, the Secretary
shall expend not less than $4,000,000 and not more than $6,000,000 to
carry out the evaluation under subsection (a).
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 establish a program to make grants, on a competitive
basis, to nonprofit organizations to develop hazardous materials
response training for emergency responders and make such training
available electronically or in person.''.
SEC. 8204. LITHIUM BATTERY APPROVAL.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5129. Lithium battery approval
``(a) Approval to Transport Certain Batteries in Commerce.--A person
may not transport in commerce a specified lithium battery that is
determined by the Secretary to be a high safety or security risk
unless--
``(1) the manufacturer of such battery receives an approval
from the Secretary; and
``(2) the manufacture of such battery meets the requirements
of this section and the regulations issued under subsection
(d).
``(b) Term of Approval.--An approval granted to a manufacturer under
this section shall not exceed 5 years.
``(c) Approval Process.--To receive an approval for a specified
lithium battery under this section, a manufacturer shall--
``(1) allow the Secretary, or an entity designated by the
Secretary, to inspect the applicant's manufacturing process and
procedures;
``(2) bear the cost of any inspection carried out under
paragraph (1); and
``(3) develop and implement, with respect to the manufacture
of such battery--
``(A) a comprehensive quality management program; and
``(B) appropriate product identification, marking,
documentation, lifespan, and tracking measures.
``(d) Regulations Required.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue regulations to
carry out this section. Such regulations shall include--
``(1) parameters for, and a process for receiving, an
approval under this section; and
``(2) a determination of the types of specified lithium
batteries that pose a high safety or security risk in
transport, including battery or cell type, size, and energy
storage capacity.
``(e) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to affect any provision, limitation, or prohibition
with respect to the transportation of a specified lithium
battery in effect as of the date of enactment of this section;
or
``(2) to authorize transportation of any such battery if such
transportation is not already authorized as of the date of
enactment of this section.
``(f) Specified Lithium Battery Defined.--In this section, the term
`specified lithium battery' means--
``(1) a lithium ion cell or battery; or
``(2) a lithium metal cell or battery.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by adding at the end the following:
``5129. Lithium battery approval.''.
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 of Transportation for the use of
Amtrak for activities associated with the Northeast Corridor
the following amounts:
(A) For fiscal year 2022, $2,500,000,000.
(B) For fiscal year 2023, $2,600,000,000.
(C) For fiscal year 2024, $2,700,000,000.
(D) For fiscal year 2025, $2,800,000,000.
(E) For fiscal year 2026, $2,900,000,000.
(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 2022, $3,500,000,000.
(B) For fiscal year 2023, $3,600,000,000.
(C) For fiscal year 2024, $3,700,000,000.
(D) For fiscal year 2025, $3,800,000,000.
(E) For fiscal year 2026, $3,900,000,000.
(b) Project Management Oversight.--The Secretary may withhold up to
one-half of one percent annually from the amounts made available under
subsection (a) for oversight.
(c) Amtrak Common Benefit Costs for State-Supported Routes.-- For
fiscal year 2022, if 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 (Public Law 114-94), Amtrak shall use up to
$250,000,000 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) and corporate services (as
such term is defined pursuant to section 24317(b) of title 49, United
States Code) that is allocated to the State-supported services. After
the update of the cost methodology policy required under section
24712(a)(7)(B) of title 49, United States Code, is implemented, there
are authorized to be appropriated to the Secretary for the use of
Amtrak such sums as may be necessary for each of the fiscal years 2023
through 2026 for the implementation of the updated policy.
(d) State-Supported Route Committee.--Of the funds made available
under subsection (a)(2), the Secretary may make available up to
$4,000,000 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 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
(g) Passenger Rail Improvement, Modernization, and Expansion
Grants.--
(1) There are authorized to be appropriated to the Secretary
to carry out section 22906 of title 49, United States Code, the
following amounts:
(A) For fiscal year 2022, $4,800,000,000.
(B) For fiscal year 2023, $4,900,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $5,100,000,000.
(E) For fiscal year 2026, $5,200,000,000.
(2) Project management oversight.--The Secretary may withhold
up to 1 percent of the total amount appropriated under
paragraph (1) for the costs of program management oversight,
including providing technical assistance and project planning
guidance, of grants carried out under section 22906 of title
49, United States Code.
(3) High-speed rail corridor planning.--The Secretary shall
withhold at least 4 percent of funding in paragraph (1) for the
purposes described in section 22906(a)(1)(B) of title 49,
United States Code. Any funds withheld by this paragraph that
remain unobligated at the end of the fiscal year following the
fiscal year in which such funds are made available may be used
for any eligible project under section 22906 of such title.
(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 2022, $1,200,000,000.
(B) For fiscal year 2023, $1,300,000,000.
(C) For fiscal year 2024, $1,400,000,000.
(D) For fiscal year 2025, $1,500,000,000.
(E) For fiscal year 2026, $1,600,000,000.
(2) Project management oversight.--The Secretary may withhold
up to 2 percent of the total amount appropriated under
paragraph (1) for the costs of program management oversight,
including providing technical assistance and project planning
guidance, of grants carried out under section 22907 of title
49, United States Code.
(3) Rail safety public awareness.--Of the amounts made
available under paragraph (1), the Secretary may make available
up to $5,000,000 for each of fiscal years 2022 through 2026 to
make grants under section 22907(o) of title 49, United States
Code.
(4) Railroad trespassing enforcement.--Of the amounts made
available under paragraph (1), the Secretary may make available
up to $250,000 for each of fiscal years 2022 through 2026 to
make grants under section 22907(p) of title 49, United States
Code.
(5) Railroad trespassing suicide prevention.--Of the amounts
made available under paragraph (1), the Secretary may make
available up to $1,000,000 for each of fiscal years 2022
through 2026 to make grants under section 22907(q) of title 49,
United States Code.
(i) Bridges, Stations, and Tunnels Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22909 of title 49, United
States Code, the following amounts:
(A) For fiscal year 2022, $4,800,000,000.
(B) For fiscal year 2023, $4,900,000,000.
(C) For fiscal year 2024, $5,000,000,000.
(D) For fiscal year 2025, $5,100,000,000.
(E) For fiscal year 2026, $5,200,000,000.
(2) Project management oversight.--The Secretary may withhold
up to one half of 1 percent of the total amount appropriated
under paragraph (1) for the costs of program management
oversight, including providing technical assistance and project
planning guidance, of grants carried out under section 22909 of
title 49, United States Code.
(j) 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 502(f)(1) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(1)) the
following amounts, to remain available until expended:
(A) For fiscal year 2022, $160,000,000.
(B) For fiscal year 2023, $170,000,000.
(C) For fiscal year 2024, $180,000,000.
(D) For fiscal year 2025, $190,000,000.
(E) For fiscal year 2026, $200,000,000.
(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) for 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 this 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 this
Act.
(k) 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 2022 through
2026.
(2) Project management oversight.--The Secretary may withhold
up to 1 percent from the total amounts appropriated under
paragraph (1) for the costs of project management oversight of
grants carried out under section 22908 of title 49, United
States Code.
(l) Grade Crossing Separation Grants.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out section 22912 of title 49, United
States Code, (as added by section 9551 of this Act) the
following amounts:
(A) For fiscal year 2022, $450,000,000.
(B) For fiscal year 2023, $475,000,000.
(C) For fiscal year 2024, $500,000,000.
(D) For fiscal year 2025, $525,000,000.
(E) For fiscal year 2026, $550,000,000.
(2) Project management oversight.--The Secretary may withhold
up to 2 percent from the total amounts appropriated under
paragraph (1) for the costs of project management oversight,
including providing technical assistance and project planning
guidance, of grants carried out under section 22912 of title
49, United States Code.
(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) $290,500,000 for fiscal year 2022;
``(B) $303,300,000 for fiscal year 2023;
``(C) $316,100,000 for fiscal year 2024;
``(D) $324,400,000 for fiscal year 2025; and
``(E) $332,900,000 for fiscal year 2026.
``(2) Automated track inspection program and data analysis.--
From the funds made available under paragraph (1) for each of
fiscal years 2022 through 2026, 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) Regional planning guidance.--The Secretary may withhold
up to $20,000,000 from the amounts made available for each
fiscal year under paragraph (1) to facilitate and provide
guidance for regional planning processes, including not more
than $500,000 annually for each interstate rail compact.
``(5) Railroad safety inspectors.--
``(A) In general.--The Secretary shall ensure that
the number of full-time equivalent railroad safety
inspection personnel employed by the Office of Railroad
Safety of the Federal Railroad Administration does not
fall below the following:
``(i) 379 for fiscal year 2022;
``(ii) 403 for fiscal year 2023;
``(iii) 422 for fiscal year 2024;
``(iv) 424 for fiscal year 2025; and
``(v) 426 for fiscal year 2026.
``(B) Consideration.--In meeting the minimum railroad
safety inspector levels under subparagraph (A), the
Secretary shall consider the ability of railroad safety
inspectors to analyze railroad safety data.
``(C) Funding.--From the amounts made available to
the Secretary under subsection (a)(1), the Secretary
shall use the following amounts to carry out
subparagraph (A):
``(i) $3,244,104 for fiscal year 2022.
``(ii) $6,488,208 for fiscal year 2023.
``(iii) $9,056,457 for fiscal year 2024.
``(iv) $9,326,799 for fiscal year 2025.
``(v) $9,597,141 for fiscal year 2026.
``(6) Other safety personnel.--
``(A) Increase in number of support employees.--The
Secretary shall, for each of fiscal years 2022 and
2023, increase by 10 the total number of full-time
equivalent employees working as specialists, engineers,
or analysts in the field supporting inspectors compared
to the number of such employees employed in the
previous fiscal year.
``(B) Funding.--From the amounts made available to
the Secretary under subsection (a)(1), the Secretary
shall use the following amounts to carry out
subparagraph (A):
``(i) $1,631,380 for fiscal year 2022.
``(ii) $3,262,760 for fiscal year 2023.
``(iii) $3,262,760 for fiscal year 2024.
``(iv) $3,262,760 for fiscal year 2025.
``(v) $3,262,760 for fiscal year 2026.
``(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) $67,000,000 for fiscal year 2022.
``(B) $69,000,000 for fiscal year 2023.
``(C) $71,000,000 for fiscal year 2024.
``(D) $73,000,000 for fiscal year 2025.
``(E) $75,000,000 for fiscal year 2026.
``(2) Short line safety.--From funds made available under
paragraph (1) for each of fiscal years 2022 through 2026, 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, commuter,
and intercity passenger railroads; and
``(B) to develop safety management systems for Class
II and Class III freight, commuter, and intercity
passenger railroads through the continued development
of safety culture assessments, transportation emergency
response plans, training and education, outreach
activities, best practices for trespassing prevention
and employee trauma response, and technical assistance.
``(3) University rail climate innovation institute.--
``(A) In general.--Of the amounts made available
under paragraph (1), the Secretary may make available
up to $20,000,000 for each of fiscal years 2022 through
2026 to establish the University Rail Climate
Innovation Institute under section 22913.
``(B) Project management oversight.--The Secretary
may withhold up to 1 percent from the total amounts
appropriated under subparagraph (A) for the costs of
project management oversight of the grant carried out
under section 22913.
``(4) Suicide prevention research funding.--From funds made
available under paragraph (1) for each of fiscal years 2022
through 2026, the Secretary may make available not less than
$1,000,000 for human factors research undertaken by the Federal
Railroad Administration, including suicide countermeasure
evaluation, data exploration and quality improvement, and other
initiatives as appropriate.''.
(n) Limitation on Financial Assistance for State-Owned Enterprises.--
(1) In general.--Funds provided under this section and the
amendments made by this section may not be used in awarding a
contract, subcontract, grant, or loan to an entity that is
owned or controlled by, is a subsidiary of, or is otherwise
related legally or financially to a corporation based in a
country that--
(A) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930
(19 U.S.C. 1677(18))) as of the date of enactment of
this Act;
(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a priority foreign country under subsection (a)(2)
of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of paragraph (1), the term
``otherwise related legally or financially'' does not include a
minority relationship or investment.
(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
(o) Rail Trust Fund.--
(1) In general.--
(A) Funding.--Beginning on the date on which a rail
trust fund is established, any amounts made available
under subsections (a), (g), (h), (i), (j)(1), (k), and
(l) shall be derived from such fund.
(B) Rail trust fund defined.--In this subsection, the
term ``rail trust fund'' means a trust fund established
under the Internal Revenue Code of 1986 for making
certain expenditures for the benefit of rail and for
crediting certain taxes and penalties collected
relating to rail.
(2) Sense of committee on need for rail trust fund.--The
following is the sense of the Committee on Transportation and
Infrastructure of the House of Representatives:
(A) There is a discrepancy in historical Federal
investment between highways, aviation, and intercity
passenger rail. Between 1949 and 2017, the Federal
Government invested more than $2 trillion in our
nation's highways and over $777 billion in aviation.
The Federal Government has invested $96 billion in
intercity passenger rail, beginning in 1971 with the
creation of the National Railroad Passenger
Corporation. Intercity passenger rail Federal
investment is only 12 percent of Federal aviation
investment and less than 5 percent of Federal highway
investment.
(B) Congress has recognized the value and importance
of a predictable, dedicated funding source through a
trust fund for all other modes of transportation
including for aviation, highways, transit, and
waterways. The Highway Trust Fund was created in 1956.
The Airport and Aviation Trust Fund was created in
1970. The Inland Waterways Trust Fund was created in
1978. Mass transit was added to the Highway Trust Fund
in 1983. The Harbor Maintenance Trust Fund was created
in 1986. With regard to Federal transportation
investment, only intercity passenger and freight rail
do not have a predictable, dedicated funding source
through a trust fund.
(C) The Federal Railroad Administration has
identified more than $300 billion worth of investment
needed to develop both high-speed and higher speed
intercity passenger rail corridors around the United
States. In addition, a Federal Railroad Administration
report from 2014 found that shortline and regional
railroads need $7 billion of investment. The Northeast
Corridor has a $40 billion state of good repair
backlog.
(D) A rail trust fund would provide a predictable,
dedicated funding source to high-speed and intercity
passenger rail projects and for the public benefits of
shortline and regional railroad freight rail projects.
A trust fund provides essential longer term funding
certainty to allow the United States to develop quality
intercity passenger rail service in corridors across
the country, eliminate the state of good repair backlog
on the Northeast Corridor, allow for accessible
equipment and stations for passengers with
disabilities, move more freight on rail, redevelop an
American passenger rail car manufacturing base, create
good paying, middle class jobs, and reduce our nation's
transportation carbon emissions.
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) In General.--
``(1) Establishment.--The Secretary of Transportation shall
establish a program to make grants to eligible applicants for--
``(A) capital projects that--
``(i) provide high-speed rail or intercity
rail passenger transportation;
``(ii) improve high-speed rail or intercity
rail passenger performance, including
congestion mitigation, reliability
improvements, achievement of 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
``(iii) expand or establish high-speed rail
or intercity rail passenger transportation and
facilities; or
``(B) corridor planning activities for high-speed
rail described in section 26101(b).
``(2) Purposes.--Grants under this section shall be for
projects that improve mobility, operational performance, or
growth of high-speed rail or intercity rail passenger
transportation.
``(b) Definitions.--In this section:
``(1) Eligible applicant.--The term `eligible 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;
``(F) Amtrak, acting on its own behalf or under a
cooperative agreement with 1 or more States; or
``(G) an Indian Tribe.
``(2) Capital project.--The term `capital project' means--
``(A) a project or program for acquiring,
constructing, or improving--
``(i) passenger rolling stock;
``(ii) infrastructure assets, including
tunnels, bridges, stations, track and track
structures, communication and signalization
improvements; and
``(iii) a facility of use in or for the
primary benefit of high-speed or intercity rail
passenger transportation;
``(B) project planning, development, design,
engineering, location surveying, mapping, environmental
analysis or studies;
``(C) acquiring right-of-way or payments for rail
trackage rights agreements;
``(D) making highway-rail grade crossing improvements
related to high-speed rail or intercity rail passenger
transportation service;
``(E) electrification;
``(F) mitigating environmental impacts; or
``(G) a project relating to other assets determined
appropriate by the Secretary.
``(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 26105.
``(5) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(6) Socially disadvantaged individuals.--The term `socially
disadvantaged individuals' has the meaning given the term
`socially and economically disadvantaged individuals' in
section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
``(c) Project Requirements.--
``(1) Requirements.--To be eligible for a grant under this
section, an eligible applicant shall demonstrate that such
applicant has or will have--
``(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.
``(2) High-speed rail requirements.--
``(A) Corridor planning activities.--Notwithstanding
paragraph (1), the Secretary shall evaluate projects
described in subsection (a)(1)(B) based on the criteria
under section 26101(c).
``(B) High-speed rail project requirements.--To be
eligible for a grant for a high-speed rail project, an
eligible applicant shall demonstrate compliance with
section 26106(e)(2)(A).
``(d) Project Selection Criteria.--
``(1) Priority.--In selecting a project for a grant under
this section, the Secretary shall give preference to projects
that--
``(A) are supported by multiple States or are
included in a multi-state regional plan or planning
process;
``(B) achieve environmental benefits such as a
reduction in greenhouse gas emissions or an improvement
in local air quality; or
``(C) improve service to and investment in socially
disadvantaged individuals.
``(2) Additional considerations.--In selecting an applicant
for a grant under this section, the Secretary shall consider--
``(A) the proposed project's anticipated improvements
to high-speed rail or intercity rail passenger
transportation, including anticipated public benefits
on the--
``(i) effects on system and service
performance;
``(ii) effects on safety, competitiveness,
reliability, trip or transit time, and
resilience;
``(iii) overall transportation system,
including efficiencies from improved
integration with other modes of transportation
or benefits associated with achieving modal
shifts;
``(iv) ability to meet existing, anticipated,
or induced passenger or service demand; and
``(v) projected effects on regional and local
economies along the corridor, including
increased competitiveness, productivity,
efficiency, and economic development;
``(B) the eligible 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.
``(3) Additional screening for high-speed rail.--In selecting
an applicant for a grant under this section, for high-speed
rail projects, the Secretary shall, in addition to the
application of paragraphs (1) and (2), apply the selection and
consideration criteria described in subparagraphs (B) and (C)
of section 26106(e)(2).
``(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 project
costs 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
project under this section, an amount that is not more
than the amount stipulated as the financial
participation of the Secretary in the project,
regardless of authorized amounts; 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 (d)
for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(g) Appropriations Required.--An obligation may be made under this
section only when amounts are appropriated for such purpose.
``(h) Availability.--Amounts made available to carry out this section
shall remain available until expended.
``(i) 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 Amtrak in lieu of the requirements of section 22905(a).''.
(b) Clerical Amendment.--The item relating 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.''.
(c) Definition of Satisfactory Continuing Control.--Section 22901 of
title 49, United States Code, is amended by adding at the end the
following:
``(4) Satisfactory continuing control.--The term
`satisfactory continuing control' means the continuing ability
to utilize and ensure maintenance of an asset as a result of
full or partial ownership, lease, operating or other
enforceable contractual agreements, or statutory access
rights.''.
SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT
GRANTS.
Section 22907 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1) by striking
``The following'' and inserting ``Except as provided in
subsections (o), (p), and (q), the following'';
(B) in paragraph (1) by inserting ``or the District
of Columbia'' before the period;
(C) in paragraph (10) by striking ``transportation
center''; and
(D) by adding at the end the following:
``(12) A commuter authority (as such term is defined in
section 24102).
``(13) An Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``and upgrades''
after ``Deployment'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (12) as
paragraphs (2) through (11), respectively;
(D) in paragraph (2), as so redesignated, by
inserting ``or safety'' after ``address congestion'';
(E) in paragraph (3), as so redesignated, by striking
``identified by the Secretary'' and all that follows
through ``rail transportation'' and inserting ``to
improve service or facilitate ridership growth in
intercity rail passenger transportation or commuter
rail passenger transportation (as such term is defined
in section 24102)'';
(F) in paragraph (4), as so redesignated, by
inserting ``to establish new quiet zones or'' after
``engineering improvements'';
(G) in paragraph (9), as so redesignated, by
inserting ``, including for suicide prevention and
other rail trespassing prevention'' before the period;
(3) in subsection (e)--
(A) 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 private and public
benefits relative to the costs of the proposed project
and factoring in the other considerations described in
paragraph (2); and
``(B) projects that improve service to, or provide
direct benefits to, socially disadvantaged individuals
(as defined in section 22906(b)), including relocating
or mitigating infrastructure that limits community
connectivity, including mobility, access, or economic
development of such individuals.''; and
(B) in paragraph (3) by striking ``paragraph (1)(B)''
and inserting ``paragraph (1)(A)'';
(4) in subsection (h)(2) by inserting ``, except that a grant
for a capital project involving zero-emission locomotive
technologies shall not exceed an amount in excess of 90 percent
of the total project costs'' before the period.
(5) by redesignating subsections (i), (j), and (k) as
subsections (l), (m), and (n) respectively; and
(6) by inserting after subsection (h) the following:
``(i) Large Projects.--Of the amounts made available under this
section, at least 25 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.--Notwithstanding section
22905(f)(1) and 22907(j)(1), 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.--Subsection (g) of section 22905
shall not apply to grants awarded under this section for
commuter rail passenger transportation projects.
``(k) Definition of Capital Project.--In this section, the term
`capital project' means a project or program for--
``(1) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility, expenses
incidental to acquisition or construction (including project-
level planning, designing, engineering, location surveying,
mapping, environmental studies, and acquiring right-of-way),
payments for rail trackage rights agreements, highway-rail
grade crossing improvements, mitigating environmental impacts,
communication and signalization improvements, relocation
assistance, acquiring replacement housing sites, and acquiring,
constructing, relocating, and rehabilitating replacement
housing;
``(2) rehabilitating, remanufacturing, or overhauling rail
rolling stock and facilities;
``(3) costs associated with developing State or multi-State
regional rail plans; and
``(4) the first-dollar liability costs for insurance related
to the provision of intercity passenger rail service under
section 22904.''; and
(7) by striking subsection (l).
SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) In General.--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) by striking subsection (e)(1) and inserting the
following:
``(1) Direct loans.--The interest rate on a direct loan under
this section shall be not less than the yield on United States
Treasury securities of a similar maturity to the maturity of
the direct loan on the date of execution of the loan
agreement.'';
(3) in subsection (f)--
(A) in paragraph (1) by adding ``The Secretary shall
only apply appropriations of budget authority to cover
the costs of direct loans and loan guarantees as
required under section 504(b)(1) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the
cost of a modification thereof, in whole or in part,
for entities described in paragraphs (1) through (3) of
subsection (a).'' at the end;
(B) in paragraph (3) by striking subparagraph (C) and
inserting the following:
``(C) An investment-grade rating on the direct loan
or loan guarantee, as applicable, if the total amount
of the direct loan or loan guarantee is less than
$100,000,000.
``(D) In the case of a total amount of a direct loan
or loan guarantee greater than $100,000,000, an
investment-grade rating from at least 2 rating agencies
on the direct loan or loan guarantee, or an investment-
grade rating on the direct loan or loan guarantee and 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
(C) by adding at the end the following:
``(5) Repayment of credit risk premiums.--The Secretary shall
return credit risk premiums paid, and interest accrued thereon,
to the original source when all obligations of a loan or loan
guarantee have been satisfied. This paragraph applies to any
project that has been granted assistance under this section
after the date of enactment of the TRAIN Act.''; and
(4) 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 and title 49 if such loan is repayable from non-Federal
funds.
``(o) Buy America.--
``(1) In general.--In awarding direct loans or loan
guarantees under this section, the Secretary shall require each
recipient to comply with section 22905(a) of title 49, United
States Code.
``(2) Specific compliance.--Notwithstanding paragraph (1),
the Secretary shall require--
``(A) Amtrak to comply with section 24305(f) of title
49, United States Code; and
``(B) a commuter authority (as defined in section
24102 of title 49, United States Code) to comply with
section 5320 of title 49, United States Code.''.
(b) Guidance.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall publish guidance that provides applicants
for assistance under section 502 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822) information regarding the
types of data, assumptions, and other factors typically used to
calculate credit risk premiums required under subsection (f) of such
section. Such guidance shall include information to help applicants
understand how different factors may increase or decrease such credit
risk premiums.
SEC. 9105. BRIDGES, STATIONS, AND TUNNELS (BEST) GRANT PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. Bridges, stations, and tunnels (BeST) grant program
``(a) In General.--The Secretary of Transportation shall establish a
program (in this section referred to as the `BeST Program') to provide
grants to eligible entities for major capital projects included in the
BeST Inventory established under subsection (b) for rail bridges,
stations, and tunnels that are publicly owned or owned by Amtrak to
make safety, capacity, and mobility improvements.
``(b) BeST Inventory.--
``(1) Establishment.--Not later than 120 days after the date
of enactment of the TRAIN Act, the Secretary shall establish,
and publish on the website of the Department of Transportation
an inventory (in this section referred to as the `BeST
Inventory') for publicly owned and Amtrak owned major capital
projects designated by the Secretary to be eligible for funding
under this section. The BeST Inventory shall include major
capital projects to acquire, refurbish, rehabilitate, or
replace rail bridges, stations, or tunnels and any associated
and co-located projects.
``(2) Considerations.--In selecting projects for inclusion in
the BeST Inventory, the Secretary shall give priority to
projects that provide the most benefit for intercity passenger
rail service in relation to estimated costs and that are less
likely to secure all of the funding required from other
sources.
``(3) Updates to best inventory.--Every 2 years after the
establishment of the BeST Inventory under paragraph (1), the
Secretary shall update the BeST Inventory and include it in its
annual budget justification.
``(4) Eligibility for best inventory.--Projects included in
the BeST Inventory--
``(A) shall be--
``(i) consistent with the record of decision
issued by the Federal Railroad Administration
in July 2017 titled `NEC FUTURE: A Rail
Investment Plan for the Northeast Corridor'
(known as the `Selected Alternative');
``(ii) consistent with the most recent
service development plan under section 24904(a)
(hereinafter in this section referred to as the
`Service Development Plan'); and
``(iii) located in a territory for which a
cost allocation policy is maintained pursuant
to section 24905(c); or
``(B) shall be consistent with a multi-state regional
planning document equivalent to the document referred
to in subparagraph (A)(ii) with a completed Tier I
environmental review of such document pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(5) Project funding sequencing.--The Secretary shall
determine the order of priority for projects in the BeST
Inventory based on projects identified in paragraph (4) and
project management plans as described in subsection (d). The
Secretary may alter the BeST Inventory as necessary if eligible
entities are not carrying out the schedule identified in the
Inventory.
``(6) Terms.--The Secretary shall ensure the BeST Inventory
establishes, for each project included in such Inventory--
``(A) the roles and terms of participation by any
railroad bridge, station, or tunnel owners and railroad
carriers in the project; and
``(B) the schedule for such project that ensures
efficient completion of the project.
``(7) Special financial rules.--
``(A) In general.--Projects listed in the BeST
Inventory may include an agreement with a commitment,
contingent on future amounts to be specified in law for
commitments under this paragraph, to obligate an
additional amount from future available budget
authority specified in law.
``(B) Statement of contingent commitment.--An
obligation or administrative commitment under this
paragraph may be made only when amounts are
appropriated. An agreement shall state that any
contingent commitment is not an obligation of the
Federal Government, and is subject to the availability
of appropriations under Federal law and to Federal laws
in force or enacted after the date of the contingent
commitment.
``(C) Financing costs.--Financing costs of carrying
out the project may be considered a cost of carrying
out the project under the BeST Inventory.
``(c) Expenditure of Funds.--
``(1) Federal share of total project costs.--The Federal
share for the total cost of a project under this section shall
not exceed 90 percent.
``(2) Non-federal share.--A recipient of funds under this
section may use any source of funds, including other Federal
financial assistance, to satisfy the non-Federal funds
requirement. The non-Federal share for a grant provided under
this section shall be consistent with section 24905(c) or
section 24712(a)(7) if either such section are applicable to
the railroad territory at the project location.
``(3) Availability of funds.--Funds made available under this
section shall remain available for obligation by the Secretary
for a period of 10 years after the last day of the fiscal year
for which the funds are appropriated, and remain available for
expenditure by the recipient of grant funds without fiscal year
limitation.
``(4) Eligible uses.--Funds made available under this section
may be used for projects contained in the most recent BeST
Inventory, including pre-construction expenses and the
acquisition of real property interests.
``(5) Funds awarded to amtrak.--Grants made to Amtrak shall
be provided in accordance with the requirements of chapter 243.
``(6) Grant conditions.--Except as provided in this section,
the use of any amounts made available for grants under this
section shall be subject to the grant requirements in section
22905.
``(d) Project Management.--
``(1) Submission of project management plans.--The Secretary
shall establish a process, including specifying formats,
methods, and procedures, for applicants to submit a project
management plan to the Secretary for a project in the BeST
Inventory. Consistent with requirements in section 22903,
project management plans shall--
``(A) describe the schedules, management actions,
workforce availability, interagency agreements,
permitting, track outage availability, and other
factors that will determine the entity's ability to
carry out a project included in the BeST Inventory; and
``(B) be updated and resubmitted in accordance with
this subsection every 2 years according to the schedule
in the most recent Service Development Plan, or
equivalent multi-state regional planning document with
a completed Tier I environmental review conducted
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
``(2) Northeast corridor projects.--For projects on the
Northeast Corridor, an applicant shall submit such project
management plan to the Northeast Corridor Commission. Upon
receipt of such plan, the Northeast Corridor Commission shall
submit to the Secretary an updated Service Development Plan
that describes the schedule and sequencing of all capital
projects on the Northeast Corridor, including estimates of the
amount each sponsor entity will need in program funding for
each of the next 2 fiscal years to carry out the entity's
projects according to the Service Development Plan.
``(e) Cost Methodology Policy Requirements.--
``(1) In general.--The Secretary shall ensure, as a condition
of a grant agreement under this section for any project located
in a railroad territory where a policy established pursuant to
section 24905(c) or section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101 note)
applies, that a recipient of funds under either such section
maintain compliance with the policies, or any updates to any
applicable cost methodology policy, for the railroad territory
encompassing the project location.
``(2) Penalty for noncompliance.--If such recipient does not
maintain compliance with the policies described in paragraph
(1), the Secretary may--
``(A) withhold funds under this subsection from such
recipient up to the amount the recipient owes, but has
not paid; and
``(B) permanently reallocate such funds to other
recipients after a reasonable period.
``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State, including the District of Columbia;
``(B) a group of States;
``(C) an Interstate Compact;
``(D) a public agency or publicly chartered authority
established by one or more States;
``(E) a political subdivision of a State;
``(F) Amtrak;
``(G) An Indian Tribe; or
``(H) any combination of the entities listed in
subparagraphs (A) through (G).
``(2) Major capital project.--The term `major capital
project' means a rail bridge, station, or tunnel project used
for intercity passenger rail service that has a total project
cost of at least $500,000,000.
``(3) Northeast corridor.--The term `Northeast Corridor' has
the meaning given the term in section 24904(e).
``(4) Publicly owned.--The term `publicly owned' means major
capital projects that are at least partially owned or planned
to be owned by the Federal Government or an eligible entity.
``(5) Co-located project.--The term `co-located project'
means a capital project that is adjacent to a major capital
project and can be carried out during the same period.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22909. Bridges, stations, and tunnels (BeST) grant program.''.
SEC. 9106. 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).''.
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 intercity 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'';
(E) in paragraph (6) by striking ``through its
subsidiary, Amtrak Commuter,''; and
(F) by adding at the end the following:
``(9) Long-distance intercity passenger rail provides economic
benefits to rural communities and offers intercity travel opportunities
where such options are often limited, making long-distance intercity
passenger rail an important part of the national transportation system.
``(10) The Northeast Corridor, long-distance routes, and State-
supported routes are interconnected and collectively provide national
rail passenger transportation.
``(11) 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 intercity passenger rail system that is trip-time
competitive with other intercity travel options, 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, equitable, and
accommodating to passengers with disabilities and members of
underserved communities; 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.
(a) In General.--Section 24302 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking
``President of Amtrak'' and inserting ``Chief
Executive Officer of Amtrak''; and
(ii) 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
intercity passenger rail service. 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 representative of Amtrak
employees;
``(iv) 1 shall be an individual with a
history of regular Amtrak ridership and an
understanding of the concerns of intercity rail
passengers;
``(v) 1 shall be an individual with--
``(I) demonstrated experience or
demonstrated interest in the Northeast
Corridor and the National Network; and
``(II) industry experience or
qualifications in transportation,
freight and passenger rail
transportation, travel, or passenger
air transportation; and
``(vi) 1 shall be an individual with general
business and financial experience who has
demonstrated experience or demonstrated
interest in the Northeast Corridor and the
National Network.'';
(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)--
(i) by striking ``Not more than 5'' and
inserting ``Not more than 4''; and
(ii) 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.'';
(D) in paragraph (4) by striking ``President'' and
inserting ``Chief Executive Officer''; and
(E) 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, the
public interest in sustainable national passenger rail
service, and balance the preceding considerations with
the fiduciary responsibilities of the director and the
mission and goals of Amtrak.'' 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 a designee of the Governor.''.
(b) Timing of New Board Requirements.--The appointment and membership
requirements under section 24302 of title 49, United States Code (as
amended by this Act), shall apply to any member of the Board appointed
pursuant to subsection (a)(1)(C) of such section who is appointed on or
after the date of enactment of this Act.
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 in accordance with proposed schedules
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. Not later than 90 days after
receipt of such application, the Board shall determine whether
the additional trains would unreasonably impair freight
transportation and--
``(i) upon 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) upon 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 previously made by,
or on behalf of, Amtrak, or 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)(A)(ii), 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)(A)(ii), the Board shall issue an
order requiring the rail carrier to allow for the operation of the
requested trains provided that any conditions enumerated by the Board
are met. In determining the necessary level of additional
infrastructure or other investments needed to mitigate unreasonable
impairment of freight transportation, 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 with respect to
operating 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 stations
and facilities for which Amtrak has responsibility under such
Act and consideration of the needs of individuals with
disabilities when procuring rolling stock and setting ticket
fares; and
(3) an implementation plan and timeline for making any such
necessary changes.
(d) Engagement.--Amtrak shall 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 to read as
follows:
``Sec. 24712. State-supported routes operated by Amtrak
``(a) State-Supported Route Committee.--
``(1) Establishment.--There is established a State-Supported
Route Committee (referred to in this section as the
`Committee') to promote mutual cooperation and planning
pertaining to the current and future rail operations of Amtrak
and related activities of trains operated by Amtrak on State-
supported routes and to further implement section 209 of the
Passenger Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
``(2) Membership.--
``(A) In general.--The Committee shall consist of--
``(i) members representing Amtrak;
``(ii) members representing the Department of
Transportation, including the Federal Railroad
Administration; and
``(iii) members representing States.
``(B) Non-voting members.--The Committee may invite
and accept other non-voting members to participate in
Committee activities, as appropriate.
``(3) Decisionmaking.--The Committee shall establish a bloc
voting system under which, at a minimum--
``(A) there are 3 separate voting blocs to represent
the Committee's voting members, including--
``(i) 1 voting bloc to represent the members
described in paragraph (2)(A)(i);
``(ii) 1 voting bloc to represent the members
described in paragraph (2)(A)(ii); and
``(iii) 1 voting bloc to represent the
members described in paragraph (2)(A)(iii);
``(B) each voting bloc has 1 vote;
``(C) the votes of the voting bloc representing the
members described in paragraph (2)(A)(iii) requires the
support of at least two-thirds of that voting bloc's
members; and
``(D) the Committee makes decisions by unanimous
consent of the 3 voting blocs.
``(4) Ability to conduct certain business.--If all members of
a voting bloc described in paragraph (3) abstain from a
Committee decision, agreement between the other voting blocs
consistent with the procedures set forth in paragraph (3) shall
be deemed unanimous consent.
``(5) Meetings; rules and procedures.--The Committee shall
define and periodically update the rules and procedures
governing the Committee's proceedings. The rules and procedures
shall--
``(A) incorporate and further describe the
decisionmaking procedures to be used in accordance with
paragraph (3); and
``(B) be adopted in accordance with such
decisionmaking procedures.
``(6) Committee decisions.--Decisions made by the Committee
in accordance with the Committee's rules and procedures, once
established, are binding on all Committee members.
``(7) Cost methodology policy.--
``(A) In general.--Subject to subparagraph (B), the
Committee may amend the cost methodology policy
required and previously approved under section 209 of
the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note).
``(B) Revisions to cost methodology policy.--
``(i) Requirement to revise and update.--
Subject to the requirements of clause (iii),
the Committee shall, not later than March 31,
2022, update the cost methodology policy
required and previously approved under section
209 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note).
Such update shall be consistent with the
principles for revision of the Committee
pursuant to such section and consistent with
any subsequent changes to such principles
approved by the Committee. The Committee shall
implement the updated policy beginning in
fiscal year 2023 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 a report
documenting and explaining any changes to the
policy and plans for implementation not later
than 30 days after the adoption of the updated
policy.
``(ii) Implementation impacts on federal
funding.--To the extent that a policy
implemented pursuant to clause (i) assigns to
Amtrak costs that were previously allocated to
States, Amtrak shall request such costs in the
general and legislative annual report required
by section 24315 or in any appropriate
subsequent Federal funding request for the
fiscal year in which the revised policy is
implemented.
``(iii) Procedures for changing
methodology.--The rules and procedures
implemented under paragraph (5) shall include
procedures for changing the cost methodology
policy under this subparagraph, notwithstanding
section 209(b) of the Passenger Rail Investment
and Improvement Act (49 U.S.C. 22 24101 note),
and procedures or broad guidelines for
conducting financial planning, including
operating and capital forecasting, reporting,
and data sharing and governance.
``(C) Requirements.--The cost methodology policy
shall--
``(i) ensure equal treatment in the provision
of like services of all States and groups of
States;
``(ii) assign to each route the costs
incurred only for the benefit of that route and
a proportionate share, based upon factors that
reasonably reflect relative use, of costs
incurred for the common benefit of more than 1
route; and
``(iii) promote increased efficiency in
Amtrak's operating and capital activities.
``(b) Invoices and Reports.--
``(1) Monthly invoice.--Amtrak shall provide to each State
that sponsors a State-supported route a monthly invoice of the
cost of operating such route, including fixed costs and third-
party costs.
``(2) Planning and demand reports.--A State shall provide to
the Committee and Amtrak planning and demand reports with
respect to a planned or existing State-supported route.
``(3) Financial and performance reports.--The Committee shall
require Amtrak to provide to the States and the Committee
financial and performance reports at a frequency, and
containing such information, as determined appropriate by the
Committee.
``(c) Dispute Resolution.--
``(1) Request for dispute resolution.--If a dispute arises
with respect to the rules and procedures implemented under
subsection (a)(5), an invoice or a report provided under
subsection (b), implementation or compliance with the cost
methodology policy developed under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101
note) or amended under subsection (a)(7) of this section,
either Amtrak or the State may request that the Surface
Transportation Board conduct dispute resolution under this
subsection.
``(2) Procedures.--The Surface Transportation Board shall
establish procedures for resolution of disputes brought before
it under this subsection, which may include provision of
professional mediation services.
``(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be binding on
the parties to the dispute.
``(4) Obligation.--Nothing in this subsection shall affect
the obligation of a State to pay an amount related to a State-
supported route that a State sponsors that is not in dispute.
``(d) Assistance.--
``(1) In general.--The Secretary may provide assistance to
the parties in the course of negotiations for a contract for
operation of a State-supported route.
``(2) Financial assistance.--From among available funds, the
Secretary shall provide--
``(A) financial assistance to Amtrak or 1 or more
States to perform requested independent technical
analysis of issues before the Committee; and
``(B) administrative expenses that the Secretary
determines necessary.
``(e) Performance Metrics.--In negotiating a contract for operation
of a State-supported route, Amtrak and the State or States that sponsor
the route shall consider including provisions that provide penalties
and incentives for performance, including incentives to--
``(1) increase revenue;
``(2) reduce costs;
``(3) finalize contracts by the beginning of the Federal
fiscal year; and
``(4) require States to promptly make payments for services
delivered.
``(f) Statement of Goals and Objectives.--
``(1) In general.--The Committee shall develop and annually
review and update, as necessary, a statement of goals,
objectives, and associated recommendations concerning the
future of State-supported routes operated by Amtrak. The
statement shall identify the roles and responsibilities of
Committee members and any other relevant entities, such as host
railroads, in meeting the identified goals and objectives, or
carrying out the recommendations. 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. The Committee may consult with such
relevant entities, as the Committee considers appropriate, when
developing the statement.
``(2) Transmission of statement of goals and objectives.--Not
later than March 31 of each year, the Committee shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives the most recent annual update
to the statement developed under paragraph (1).
``(g) New or Expanded State-supported Routes.--
``(1) Coordination and consultation.--In developing a new
State-supported route or expanding an existing State-supported
route, Amtrak shall closely coordinate with all States in which
such route operates, and shall consult with the following:
``(A) The local municipalities in which the proposed
route operates.
``(B) Commuter authorities and regional
transportation authorities (as such terms are defined
in section 24102) in the areas proposed to be served by
such route.
``(C) The owner of any rail infrastructure over which
the proposed route operates.
``(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 or expanded on or after the date of enactment of the
TRAIN Act, Amtrak shall enter into an agreement with the State
in which the proposed route operates for sharing ongoing
operating costs and capital costs in accordance with--
``(A) the cost methodology policy described under
subsection (a)(7); or
``(B) the alternative cost methodology schedule
described in paragraph (3).
``(3) Alternative cost methodology.--Under the cost
methodology schedule described in this paragraph, with respect
to costs not covered by revenues for the operation of a State-
supported route, Amtrak shall pay--
``(A) the share Amtrak otherwise would have paid
under the cost methodology under subsection (a); and
``(B) a percentage of the share that the State
otherwise would have paid under the cost methodology
policy under subsection (a) according to the following:
``(i) Amtrak shall pay up to 100 percent of
the capital costs and planning costs necessary
to initiate a new State-supported route or
expand an existing State-supported route,
including planning and development, design, and
environmental analysis costs, 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
methodology policy described under subsection
(a) as applicable.
``(4) Definitions.--In this subsection, the terms `capital
cost' and `operating cost' shall apply in the same manner as
such terms apply under the cost methodology policy developed
under subsection (a).
``(h) Cost Methodology Update and Implementation Report.--Not later
than 18 months after an updated cost methodology policy required under
subsection (a)(7)(B) is implemented, 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 the implementation of
the updated policy.
``(i) Identification of State-supported Route Changes.--Amtrak shall
provide an update in the general and legislative annual report required
by 24315(b) of planned or proposed changes to State-supported routes,
including the introduction of new State-supported routes. In
identifying routes to be considered planned or proposed under this
subsection, 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 a planned or proposed route may operate, not less than
120 days before an annual grant request is transmitted to the
Secretary.
``(j) Rule of Construction.--The decisions of the Committee--
``(1) shall pertain to the rail operations of Amtrak and
related activities of trains operated by Amtrak on State-
sponsored routes; and
``(2) shall not pertain to the rail operations or related
activities of services operated by other rail carriers on
State-supported routes.
``(k) Definition of State.--In this section, the term `State' means
any of the 50 States, including the District of Columbia, that sponsor
or propose to sponsor the operation of trains by Amtrak on a State-
supported route, or a public entity that sponsors or proposes to
sponsor such operation on such a route.''.
SEC. 9210. AMTRAK POLICE DEPARTMENT.
(a) Department Mission.--Not later than 180 days after the date of
enactment of this Act, Amtrak shall identify the mission of the Amtrak
Police Department (in this section referred to as the ``Department''),
including the scope of the role and priorities of the Department, in
mitigating risks to and ensuring the safety and security of Amtrak
passengers, employees, trains, stations, facilities, and other
infrastructure. In identifying such mission, Amtrak shall consider--
(1) the unique needs of maintaining the safety and security
of Amtrak's network; and
(2) comparable passenger rail systems and the mission of the
police departments of such rail systems.
(b) Workforce Planning Process.--Not later than 120 days after
identifying the mission of the Department under subsection (a), Amtrak
shall develop a workforce planning process that--
(1) ensures adequate employment levels and allocation of
sworn and civilian personnel, including patrol officers,
necessary for fulfilling the Department's mission; and
(2) sets performance goals and metrics for the Department
that align with the mission of the Department and monitors and
evaluates the Department's progress toward such goals and
metrics.
(c) Considerations.--In developing the workforce planning process
under subsection (b), Amtrak shall--
(1) identify critical positions, skills, and competencies
necessary for fulfilling the Department's mission;
(2) analyze employment levels and ensure that--
(A) an adequate number of civilian and sworn
personnel are allocated across the Department's 6
geographic divisions, including patrol officers,
detectives, canine units, special operations unit,
strategic operations, intelligence, corporate security,
the Office of Professional Responsibilities, and the
Office of Chief of Polices; and
(B) patrol officers have an adequate presence on
trains and route segments, and in stations, facilities,
and other infrastructure;
(3) analyze workforce gaps and develop strategies to address
any such gaps;
(4) consider risks, including those identified by Amtrak's
triannual risk assessments;
(5) consider variables, including ridership levels, miles of
right-of-way, crime data, call frequencies, interactions with
vulnerable populations, and workload, that comparable passenger
rail systems with similar police departments consider in the
development of the workforce plans of such systems; and
(6) consider collaboration or coordination with local, State,
Tribal, and Federal agencies, and public transportation
agencies to support the safety and security of the Amtrak
network.
(d) Consultation.--In carrying out this section, Amtrak shall consult
with the Amtrak Police Labor Committee, public safety experts, foreign
or domestic entities providing passenger rail service comparable to
Amtrak, and any other relevant entities, as determined by Amtrak.
(e) Reports.--
(1) Report on mission of department.--Not later than 10 days
after Amtrak identifies the mission of the Department under
subsection (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 containing a description
of the mission of the Department and the reasons for the
content of such mission.
(2) Report on workforce planning process.--Not later than 10
days after Amtrak completes the workforce planning process
under subsection (b), 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 containing the workforce
planning process, the underlying data used to develop such
process, and how such process will achieve the Department's
mission.
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.--On all long-
distance routes, Amtrak shall ensure that all passengers who travel
overnight on such route shall have access to purchasing the food and
beverages that are provided to sleeping car passengers on such route.
``(b) Food and Beverage Workforce.--
``(1) Workforce requirement.--Amtrak shall ensure that any
individual onboard a train who prepares or provides 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 relating 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--
(A) an equal number of individuals representing--
(i) Amtrak;
(ii) the labor organizations representing
Amtrak employees who prepare or provide onboard
food and beverage services;
(iii) the State-Supported Route Committee
established by section 24712; and
(iv) nonprofit organizations representing
Amtrak passengers; and
(B) an individual with culinary or hospitality
expertise agreed to by the members under clauses (i)
through (iv) of subparagraph (A).
(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) the reinstatement of the dining car
service on long-distance routes;
(v) Amtrak passenger survey data about the
food and beverages offered on Amtrak trains;
and
(vi) 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
large-scale, structural changes to existing 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.
(a) Furloughed Work.--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 involuntarily if such employee--
``(1) is eligible and qualified under the agreement to
perform such work in accordance with the seniority of such
employee; and
``(2) has not been provided an opportunity to be recalled to
perform such work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not--
``(1) supersede a prohibition or limitation on contracting
out work covered by an agreement entered into between Amtrak
and an organization representing Amtrak employees; or
``(2) prohibit Amtrak and an organization representing Amtrak
employees from entering into an agreement that allows for
contracting out the work of a furloughed employee that would
otherwise be prohibited under subsection (d).''.
(b) Workforce Plan.--Section 24320(c)(2) of title 49, United State
Code, is amended--
(1) in subparagraph (C)(iii)(III) by striking ``and'' at the
end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) a summary of Amtrak's plan to meet the
workforce needs of each asset category, which shall--
``(i) identify any gaps in Amtrak's
workforce, including any vacancy, skill gap, or
shortage of qualified personnel;
``(ii) summarize any action Amtrak is taking
to address any such gaps; and
``(iii) summarize any anticipated change to
the size of the Amtrak workforce and any cause
for such change; and''.
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 appropriate
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.--Amtrak shall ensure that at least one
Amtrak ticket agent is employed at each station building where
at least one Amtrak ticket agent was employed on or after
October 1, 2017.
``(2) Locations.--Amtrak shall ensure that at least one
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 long-distance train in the
previous fiscal year exceeds the 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. For
fiscal year 2021, ridership from fiscal year 2019 shall
be used to determine qualifying stations.
``(3) Exception.--This subsection does not apply to any
station building in which a commuter rail ticket agent has the
authority to sell Amtrak tickets.
``(4) Amtrak ticket agent.--For purposes of this section, the
term `Amtrak ticket agent' means an Amtrak employee with
authority to sell Amtrak tickets onsite and assist in the
checking of Amtrak passenger baggage.
``(5) Effective date.--This subsection shall take effect on
the earlier of--
``(A) the date of the expiration of the emergency
declaration issued by the President on March 13, 2020,
pursuant to section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5191(b)); or
``(B) the day after the period that is the first 6
consecutive months within a calendar year for which
Amtrak ridership exceeds the Amtrak ridership for the
same 6 consecutive calendar months in 2019.''.
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 10 percent
discount on full-price coach class 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
further amended by adding at the end the following:
``Sec. 24324. 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 section 22905(c)(2)(A) and other 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 further amended by adding at the end the
following:
``24324. Disaster and emergency relief program.''.
SEC. 9216. ACCESS TO RECREATIONAL TRAILS.
Section 24315 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Access to Recreational Trails.--At least 30 days before
implementing a new policy, structure, or operation that impedes access
to recreational trails, Amtrak shall work with potentially affected
communities, making a good-faith effort to address local concerns about
such access. Not later than February 15 of each year, 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 any such engagement in the preceding
calendar year, and any changes to policies, structures, or operations
affecting access to recreational trails that were considered or made as
a result. The report shall include Amtrak's plans to mitigate the
impact to such access.''.
SEC. 9217. AMTRAK CYBERSECURITY ENHANCEMENT AND RESILIENCY GRANT
PROGRAM.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 24325. Amtrak cybersecurity enhancement and resiliency grant
program
``(a) In General.--The Secretary of Transportation shall make grants
to Amtrak for improvements in information technology systems, including
cyber resiliency improvements for Amtrak information technology assets.
``(b) Application of Best Practices.--Any cyber resiliency
improvements carried out with a grant under this section shall be
consistent with cybersecurity industry best practices and publications
issued by the National Institute of Standards and Technology.
``(c) Coordination of Cybersecurity Funds.--Funds made available to
carry out this section shall be in addition to any other Federal funds
and shall not affect the ability of Amtrak to use any other funds
otherwise authorized by law for purposes of enhancing the cybersecurity
architecture of Amtrak.
``(d) Grant Conditions.--In carrying out this section--
``(1) to the extent practicable, the Secretary shall provide
grants consistent with the process established under section
24319;
``(2) the Secretary shall ensure that a grant made available
under this section shall be administered and disbursed as part
of Amtrak's annual grant agreement as authorized by section
24319(d)(1)(B); and
``(3) a grant made under this section shall be subject to
such terms and conditions as the Secretary determines
necessary.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is further amended by adding at the end the
following:
``24325. Amtrak cybersecurity enhancement and resiliency grant
program.''.
SEC. 9218. AMTRAK AND PRIVATE CARS.
(a) Sense of Congress.--It is the sense of Congress that private cars
and charter trains can--
(1) improve Amtrak's financial performance, particularly on
the long-distance routes;
(2) have promotional value for Amtrak that results in future
travel on Amtrak trains by passengers made aware of Amtrak as a
result;
(3) support private-sector jobs, including for mechanical
work and on-board services; and
(4) provide good-will benefits to Amtrak.
(b) Policy Review.--Amtrak shall review the policy changes since
January 1, 2018, that have caused significant changes to the
relationship between Amtrak and private car owners and charter train
services and evaluate opportunities to strengthen these services,
including by reinstating some access points and restoring flexibility
to charter-train policies. For charter trains, private cars, and
package express carried on regular Amtrak trains, consistent with sound
business practice, Amtrak should recover direct costs plus a reasonable
profit margin.
SEC. 9219. AMTRAK OFFICE OF COMMUNITY OUTREACH.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24326. Amtrak Office of Community Outreach
``(a) In General.--Not later than 180 days after the date of
enactment of the TRAIN Act, Amtrak shall establish an Office of
Community Outreach to engage with communities impacted by Amtrak
operations.
``(b) Responsibilities.--The Office of Community Outreach shall be
responsible for--
``(1) outreach and engagement with--
``(A) local officials before capital improvement
project plans are finalized; and
``(B) local stakeholders and relevant organizations
on projects of community significance;
``(2) clear explanation and publication of how community
members can communicate with Amtrak;
``(3) the use of virtual public involvement, social media,
and other web-based tools to encourage public participation and
solicit public feedback; and
``(4) making publicly available on the website of Amtrak,
planning documents for proposed and implemented capital
improvement projects.
``(c) Report to Congress.--Not later than 1 year after the
establishment of the Office of Community Outreach, and annually
thereafter, Amtrak shall submit to the Committee on Transportation and
Infrastructure in the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that--
``(1) describes the community outreach efforts undertaken by
the Amtrak Office of Community Outreach for the previous year;
and
``(2) identifies changes Amtrak made to capital improvement
project plans after engagement with affected communities.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is further amended by adding at the end the
following:
``24326. Amtrak Office of Community Outreach.''.
SEC. 9220. LONG-DISTANCE CUSTOMER ENHANCEMENT PROGRAM.
(a) Authorization.--Amtrak shall expend not less than 2.5 percent of
the amounts appropriated in each fiscal year pursuant to section
9101(a)(2) to enhance the customer experience on Amtrak long-distance
routes.
(b) Eligibility.--Projects and initiatives to serve the following
purposes, including planning and development, are eligible to be
implemented by Amtrak under this section:
(1) Rolling stock interior refreshes and redesigns.
(2) Food and beverage service improvements consistent with
section 24321 of title 49, United States Code.
(3) Wi-Fi service expansion and improvement.
(4) Enhanced customer experience at stations.
(5) Other customer enhancement initiatives developed by
Amtrak, including initiatives developed in accordance with
subsection (c).
(c) Consultation.--Not later than 90 days after the date of enactment
of this Act, and subsequently on a periodic basis, Amtrak shall consult
with appropriate States, local governments, labor organizations
representing railroad employees, and national associations that
represent rail passengers on ways to enhance the customer experience on
long-distance routes.
(d) Use of Funds for Other Purposes.--Amtrak may use funds provided
under this section for purposes related to long-distance route service
other than those listed in subsection (b) if--
(1) Amtrak determines the use of funds is necessary to--
(A) improve the safety of long-distance route
operations; or
(B) maintain continued operation or service levels of
any such route; and
(2) not later than 10 days of the repurposing of such funds,
Amtrak submits to the Secretary, the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives, and the
Committee on Commerce, Science, and Transportation, and the
Committee on Appropriations of the Senate, a report that
includes--
(A) the amount of funds repurposed for a use
described in this subsection, and
(B) the reason for the repurposing of such funds.
(e) Long-distance Route Defined.--In this section, the term ``long-
distance route'' has the meaning given the term in section 24102 of
title 49, United States Code.
SEC. 9221. AMTRAK CARBON-FREE AND RENEWABLE ENERGY INITIATIVES.
(a) In General.--Chapter 243 of title 49, United States Code, is
further amended by adding at the end the following new section:
``Sec. 24327. Amtrak carbon-free and renewable energy initiatives
``(a) Emissions Reduction and Energy Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the TRAIN Act, Amtrak shall--
``(A) develop a greenhouse gas emissions reduction
and energy plan that sets forth a goal of, a strategy
for achieving, and potential timelines and funding
requirements for--
``(i) becoming a net-zero carbon emissions
transportation provider; and
``(ii) achieving net-zero carbon emissions
with respect to Amtrak operations within the
Northeast Corridor;
``(B) submit the plan to the Secretary of
Transportation, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate; and
``(C) publish the plan on Amtrak's website.
``(2) Additional requirements.--The plan developed under
paragraph (1) shall contain--
``(A) at least 1 option for becoming a net-zero
carbon emissions transportation provider not later than
January 1, 2035; and
``(B) at least 1 option for achieving net-zero carbon
emissions with respect to Amtrak operations within the
Northeast Corridor not later than January 1, 2030.
``(3) Annual progress reports.--
``(A) In general.--After submission and publication
of the plan developed under paragraph (1), Amtrak shall
include in each general and legislative annual report
required under section 24315(b), an update on Amtrak's
progress towards--
``(i) becoming a net-zero carbon emissions
transportation provider; and
``(ii) achieving net-zero carbon emissions
with respect to Amtrak operations within the
Northeast Corridor.
``(B) Legislative recommendations.--The update
required under subparagraph (A) may include
recommendations for legislative changes or changes to
funding levels likely to increase the rate of Amtrak's
progress.
``(b) Carbon-free and Renewable Energy Use.--
``(1) Energy source requirement.--Not later than 180 days
after the date of enactment of the TRAIN Act, Amtrak shall
ensure that any new or renewed contract between Amtrak and a
provider of electricity that is used to meet the needs of train
traction power or rail facility power requires that an amount
equal to or greater that 25 percent of such electricity is
derived from carbon-free or renewable energy sources.
``(2) Increased energy source goals.--Amtrak shall establish
goals for increasing the energy source requirements described
in paragraph (1), including a goal of requiring--
``(A) at least 50 percent of electricity derived from
such sources for new or renewed contracts entered into
beginning 5 years after the date of enactment of the
TRAIN Act; and
``(B) 100 percent of electricity derived from such
sources for new or renewed contracts entered into on or
after January 1, 2030.
``(3) Exceptions.--The requirements of paragraph (1) shall
not apply in any case in which--
``(A) no provider of electricity is able to provide
the necessary levels of carbon-free or renewable
energy;
``(B) compliance with such requirements would
adversely affect Amtrak's operations or quality of
service to an unreasonable degree; or
``(C) compliance with such requirements would cause
an increase of at least 50 percent in total cost of
electricity, as compared to the total cost of
electricity Amtrak would otherwise have acquired.
``(4) Report.--Not later than 1 year after the date of
enactment of the TRAIN 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 that identifies
opportunities to further increase Amtrak's use of carbon-free
and renewable energy for train traction power needs and
facility power needs.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is further amended by adding at the end the
following:
``24327. Amtrak carbon-free and renewable energy initiatives.''.
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 two 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) Service 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 service 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 service 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) describe the anticipated outcomes of each
project or program, including an assessment of improved
capacity, travel time, and other benefits and costs of
proposed investments;
``(E) include a financial strategy that incorporates
available funding and identifies funding needs and
potential sources of such funding; and
``(F) be updated at least every 5 years.'';
(5) in subsection (b) (as redesignated by paragraph (3))--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (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'';
(ii) in subparagraph (A) by striking ``a
capital investment plan'' and inserting ``an
annual capital investment plan''; and
(iii) in subparagraph (B) by inserting ``for
the Northeast Corridor'' after ``capital
investment plan'';
(B) in paragraph (1)--
(i) in subparagraph (A) by striking ``a
capital investment plan'' and inserting ``an
annual capital investment plan''; and
(ii) in subparagraph (B) by inserting ``for
the Northeast Corridor'' after ``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)--
(I) 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 service development plan, once
available, and the asset condition
needs identified in the Northeast
Corridor asset management system
described in subsection (e) and
consider''; and
(II) in clause (i) by inserting
``overall estimated'' before
``benefits'';
(v) in subparagraph (E)(i) by striking
``normalized capital replacement and'';
(vi) in subparagraph (F) by adding ``and'' at
the end;
(vii) by striking subparagraph (G); and
(viii) by redesignating subparagraph (H) as
subparagraph (G); and
(D) in paragraph (3)--
(i) by striking ``paragraph (2)(H)'' and
inserting ``paragraph (2)(G)'';
(ii) in subparagraph (A)--
(I) by inserting ``anticipated''
before ``funding sources''; and
(II) by inserting ``and, in the
absence of an authorization or
appropriation of funds for a fiscal
year, be based on the amount of funding
available in the previous fiscal year,
plus inflation'' after ``methods'';
(iii) in subparagraph (B) by striking
``expected allocated shares of costs'' and
inserting ``status of cost sharing
agreements'';
(iv) in subparagraph (C) by striking ``and''
at the end;
(v) by redesignating subparagraph (D) as
subparagraph (E); and
(vi) by inserting after subparagraph (C) the
following:
``(D) include any funding needs in excess of amounts
authorized or otherwise available in a fiscal year;
and'';
(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 subsection (d) 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.--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--
``(1) be timed consistent with the Federal Transit
Administration process, as authorized under section 5326, when
implemented; and
``(2) include, at a minimum--
``(A) an inventory of all capital assets owned by the
developer of the plan;
``(B) an assessment of asset condition;
``(C) a description of the resources and processes
necessary to bring or maintain those assets in a state
of good repair; and
``(D) 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 (j) of section 22907.
``(2) Publication.--The Administrator shall make available on
a publicly available website the protective arrangements
established under paragraph (1).''.
SEC. 9304. INTERSTATE RAIL COMPACTS.
(a) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note)
is amended--
(1) in subsection (b)(2) by striking ``(except funds made
available for Amtrak)''; and
(2) by adding at the end the following:
``(c) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
``(1) make available on a publicly accessible website a list
of interstate rail compacts established in accordance with
subsection (a);
``(2) provide information to the public regarding interstate
rail compacts, including how States may establish interstate
rail compacts under subsection (a); and
``(3) annually update the information provided under
paragraph (2).''.
(b) Grants Authorized.--Chapter 229 of title 49, United States Code,
is further amended by adding at the end the following:
``Sec. 22910. Interstate rail compacts support program
``(a) In General.--The Secretary shall develop and implement a
competitive grant program for providing administrative assistance,
including salaries, benefits, travel, and other administrative
expenses, to eligible applicants to support interstate and regional
efforts--
``(1) to improve the safety, efficiency, or reliability of
intercity passenger rail; and
``(2) to promote and develop intercity passenger rail
service, including through initiating, restoring, or enhancing
intercity passenger rail service.
``(b) Applicant Selection Criteria.--
``(1) In general.--In awarding grants under this section, the
Secretary shall consider--
``(A) the amount of other funding received by an
applicant (including funding from railroads) or other
significant participation by State, local, and regional
governmental and private entities;
``(B) the applicant's work to facilitate and
encourage regional planning for passenger rail
improvement, enhancement, and development;
``(C) the applicant's work to foster, through rail
transportation systems, economic development,
particularly in rural communities, for socially
disadvantaged individuals, and for disadvantaged
populations;
``(D) the applicant's efforts to provide guidance to
local communities on public and private resources
relate to community concerns, such as congestion, rail
and grade crossing safety, trespasser prevention, quiet
zones, idling, and rail line relocations;
``(E) whether the applicant seeks to restore service
over routes formerly operated by Amtrak, including
routes described in section 11304(a) of the Passenger
Rail Reform and Investment Act of 2015 (title XI of
division A of Public Law 114-94);
``(F) the applicant's intent to provide intercity
passenger rail service to regions and communities that
are underserved or not served by other intercity public
transportation;
``(G) whether the applicant is enhancing connectivity
and geographic coverage of the existing national
network of intercity rail passenger service;
``(H) the applicant's efforts to engage with entities
to deploy railroad safety technology or programs,
including trespassing prevention, rail integrity
inspection systems, or grade crossing safety;
``(I) whether the applicant prepares regional rail
and corridor service development plans and
corresponding environmental analysis; and
``(J) whether the applicant has engaged with the
Federal, local, or State government and transportation
planning agencies to identify projects necessary to
enhance multimodal connections or facilitate service
integration between rail service and other modes,
including between intercity rail passenger
transportation and intercity bus service, commercial
air service, or commuter rail service.
``(2) Preference.--In selecting grant recipients, the
Secretary shall give preference to applicants that are
initiating, restoring, or enhancing intercity rail passenger
transportation.
``(c) Application Process.--The Secretary shall prescribe the form
and manner of submitting applications under this section.
``(d) Performance Measures.--
``(1) In general.--The Secretary shall establish performance
measures for each grant recipient to assess progress in
achieving strategic goals and objectives.
``(2) Annual report.-- The Secretary shall require grant
recipients to submit an annual report of the activities of such
recipient and information related to applicable performance
measures, which may include--
``(A) a demonstration of progress to achieve or
advance the relevant criteria described in subsection
(b); and
``(B) the amount of non-Federal matching funds
provided from each member State.
``(e) Federal Share of Total Project Cost.--The Secretary shall
require each recipient of a grant under this subsection to provide a
non-Federal match of not less than 50 percent of the administrative
assistance to the interstate rail compact.
``(f) Applicable Requirements.--The use of any amounts appropriated
for grants under this section shall be subject to the applicable
requirements under this chapter.
``(g) Applicability.--Amounts appropriated to carry out this section
shall remain available until expended.
``(h) Limitations.--
``(1) Maximum funding per applicant.--The Secretary may not
award grants under this section in an amount exceeding $500,000
annually for each applicant.
``(2) Numeric limitation.--The Secretary may not provide
grants under this section to more than 10 interstate rail
compacts in any fiscal year.
``(i) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means an interstate
rail compact or an interstate commission composed of 2 or more
States that has been established to promote, develop, or
operate intercity passenger rail transportation systems.
``(2) Intercity passenger rail service.--The term `intercity
passenger rail service' has the meaning given the term
`intercity rail passenger transportation' in section 24102.''.
(c) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is further amended by adding at the end the
following:
``22910. Interstate rail compacts support program.''.
SEC. 9305. HIGH-SPEED RAIL UPDATES.
(a) High-speed Rail Corridor Planning.--Section 26101 of title 49,
United States Code, is amended--
(1) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A) by
striking ``, or if it is an activity described in
subparagraph (M)'';
(B) in subparagraph (J) by striking ``right-of-way
improvements'' and inserting ``right-of-way acquisition
or improvement needs'';
(C) in subparagraph (K) by inserting ``and'' at the
end; and
(D) by striking subparagraphs (L) and (M) and
inserting the following:
``(L) public costs in the creation of public private
partnerships.''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) through (3) and
inserting the following:
``(1) the extent to which the proposed planning focuses on
systems which will provide for high-speed rail;
``(2) the integration of the corridor into metropolitan area
and statewide transportation planning, including State rail
plans;
``(3) the use of rail stations within urbanized areas that
are located in a geographic area with a greater density
population than the urbanized area as a whole;'';
(B) in paragraph (4) by inserting before the
semicolon ``, passenger rail, transit, and other
multimodal options'';
(C) in paragraph (6) by inserting ``and reduce
greenhouse gas emissions'' before the semicolon; and
(D) in paragraph (11) by inserting ``, including
access to affordable housing'' before the semicolon.
(b) Definitions.--Section 26105(2) of title 49, United States Code,
is amended--
(1) by inserting ``made available to members of the general
public as passengers and reasonably expected to reach speeds
of'' after ``service which is'';
(2) in subparagraph (A) by striking ``reasonably expected to
reach sustained speeds of more than 125 miles per hour; and''
and inserting ``160 miles per hour or more on shared-use right-
of-way; or''; and
(3) in subparagraph (B) by striking ``made available to
members of the general public as passengers'' and inserting
``186 miles per hour or more on dedicated right-of-way''.
(c) High-speed Rail Corridor Development.--Section 26106(e)(2) of
title 49, United States Code, is amended--
(1) in subparagraph (A)(i) by striking ``section 211 of the
Passenger Rail Investment and Improvement Act of 2008'' and
inserting ``section 24904(a)''; and
(2) in subparagraph (C)(i)--
(A) by striking subclause (III);
(B) by redesignating subclause (II) as subclause
(III);
(C) by inserting after subclause (I) the following:
``(II) connectivity to rail stations
within urbanized areas that are located
in a geographic area with a greater
density population than the urbanized
area as a whole;''; and
(D) by striking subclause (IV) and inserting the
following:
``(IV) environmental benefits,
including projects that--
``(aa) reduce greenhouse gas
emissions; and
``(bb) involve
electrification or the purchase
of environmentally sensitive,
fuel-efficient, and cost-
effective passenger rail
equipment;''.
SEC. 9306. STATE RAIL PLANNING FORMULA FUNDS.
(a) In General.--Chapter 229 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 22911. State rail planning formula funds
``(a) In General.--In carrying out this chapter, the Secretary shall
allocate an appropriate portion of 1.5 percent of the amounts made
available for programs under this chapter to provide grants to States--
``(1) for State or multi-State regional intercity passenger
rail corridor planning or project-specific, intercity passenger
rail planning purposes; or
``(2) for funding rail projects otherwise eligible under
section 22907 if no intercity passenger rail planning is
feasible.
``(b) Limitation of Funds.--Any unobligated balances of a grant under
this section remaining after 3 years from the fiscal year in which the
grant was made shall be redistributed in an appropriate portion.
``(c) Definitions.--In this section:
``(1) Appropriate portion.--The term `appropriate portion'
means a share, for each State--
``(A) one quarter of which is comprised of the ratio
that the total railroad route miles in such State bears
to the total railroad route miles in the United States,
excluding from each such total the route miles used
exclusively for tourist excursions;
``(B) one quarter of which is comprised of the ratio
that the population in such State bears to the total
population of the United States, as determined by the
Bureau of the Census; and
``(C) half of which is comprised of the ratio that
the Amtrak ridership for fiscal year 2019 in each State
bears to the total Amtrak ridership for fiscal year
2019.
``(2) State.--The term `State' means each of the 50 States
and the District of Columbia.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is further amended by adding at the end the end the
following:
``22911. State rail planning formula funds.''.
TITLE IV--COMMUTER RAIL POLICY
SEC. 9401. SENSE OF CONGRESS REGARDING COMMUTER RAIL LIABILITY
INSURANCE.
(a) Findings.--Congress finds the following:
(1) Prior to the COVID-19 pandemic, 32 commuter railroads
across the United States safely carried passengers on more than
500,000,000 trips each year.
(2) Commuter rail is a $9,900,000,000 industry that creates
and supports more than 200,000 public- and private-sector jobs,
and continues to grow.
(3) Most commuter rail agencies are required to maintain
liability insurance up to statutory liability limits.
(4) Commuter rail agencies face significant obstacles to
finding and obtaining liability insurance.
(5) Only a handful of insurers offer this coverage, and a
significant percentage of the railroad liability insurance
marketplace is provided by foreign companies.
(6) The number of insurers in the American and foreign
markets willing to even offer potential capacity for this
coverage has drastically decreased over the past several years,
and, regardless of cost, it is becoming extremely difficult for
commuter railroads to obtain the needed coverage.
(7) Despite the exceptional safety record of commuter
railroads and recent full compliance with positive train
control, a 2021 survey of the American Public Transportation
Association's commuter rail agencies revealed that there has
been a 60 percent increase in premium costs over the last 3
years.
(8) The increase in premiums is largely due to factors
outside the control of the commuter rail industry, including
major forest fires, hurricanes, and insurers exiting the
market.
(9) The cost of liability insurance severely impacts the
operating budgets of many commuter rail agencies and
potentially affects their ability to offer these critical
public transportation services.
(b) Sense of Congress.--It is the sense of Congress that Congress
should address the capacity and cost issues associated with the
commuter rail liability insurance market and consider establishing a
commuter rail insurance program within the Department of
Transportation.
SEC. 9402. 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. In any case in which dispatching for
the relevant trackage is controlled by a rail carrier other than the
trackage owner, both shall be subject to the requirements of this
section and included in the Board's mediation process. 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. During such
mediation process, the Board shall determine whether the consideration
a rail carrier provided to a request was in good faith and whether the
request from a provider of commuter rail passenger transportation was
reasonable. The determinations made in the preceding sentence shall
have no effect on the nonbinding nature of the mediation.''.
SEC. 9403. 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. In any case in which
dispatching for the relevant trackage is controlled by a rail carrier
other than the right-of-way owner, both shall be subject to the
requirements of this section and included in the Board's mediation
process. 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. During such mediation process, the Board shall determine whether
the consideration a rail carrier provided to a request was in good
faith and whether the request from a provider of commuter rail
passenger transportation was reasonable. The determinations made in the
preceding sentence shall have no effect on the nonbinding nature of the
mediation.''.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
SEC. 9501. STUDY ON SAFETY IMPACT OF LONG TRAINS.
(a) Study.--The Secretary of Transportation shall conduct a study on
the safety impacts of the operation of long trains.
(b) Contents.--The study conducted under subsection (a) shall
include--
(1) an examination of any potential risks of the operation of
long trains and recommendations on mitigation of any such
risks;
(2) among other safety factors with respect to the operation
of such trains, an evaluation of any--
(A) potential risk of loss of communications between
an end-of-train device, or a distributed power unit,
and the locomotive cab, including communications over
differing terrains and conditions;
(B) potential risk of loss of radio communications
between crewmembers after a crewmember alights from a
train, including communications over differing terrains
and conditions;
(C) potential risk of derailments, including any
risks associated with in-train compressive forces and
slack action, or other safety risks in differing
terrains and conditions;
(D) changes in risks or benefits to safety 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) Collaboration.--In conducting the study required under subsection
(a), the Secretary shall collaborate with railroad carriers, labor
organizations representing railroad employees, and railroad safety
technology manufacturers.
(d) Results of Study.--
(1) Report.--Not later than 24 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 that contains--
(A) the results of the study required by subsection
(a);
(B) any recommendations for mitigating safety risks
caused by long trains; and
(C) a description of any action the Secretary intends
to take to address any safety risk identified in the
study.
(2) Sharing study results.--After submitting the report
required by paragraph (1), the Secretary shall share the
results of the study with railroad carriers, labor
organizations representing railroad employees, and safety
technology organizations.
(e) Secretary Action.--Not later than 180 days after the date on
which the report required by subsection (d)(1) is submitted, the
Secretary shall implement any proposed actions described in such
report.
(f) Definition.--In this section, the term ``long train'' means a
freight train composed of more than 150 rail cars.
(g) 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 this section.
SEC. 9502. 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 in the controlling locomotive cab, and the duties of such crew
members)'' after ``reported accident or incident''.
(b) Regulations.--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 the amendment made by
subsection (a).
(c) Trend Analysis.--
(1) In general.--Chapter 209 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 20904. Trend analysis
``(a) Annual Review and Analysis.--Not later than 1 year after the
date of enactment of the TRAIN Act, and not less frequently than
annually thereafter, the Secretary shall review the reports filed by a
railroad carrier subject to section 20901(a) and analyze the data
contained in such reports for trends or patterns of potential safety
risks.
``(b) Secretary Action.--If the Secretary identifies any such trends
or patterns, the Secretary shall--
``(1) take such actions as are necessary to address the
potential safety risk; and
``(2) if appropriate, communicate any such trends or patterns
to a representative of any relevant railroad carrier and a
representative of the employees of such railroad carrier,
including any nonprofit employee labor organization
representing a craft or class of employees subject to the
potential safety risk.''.
(2) Clerical amendment.--The analysis for chapter 209 of
title 49, United States Code, is amended by adding at the end
the following:
``20904. Trend analysis.''.
(d) Accident and Incident Reporting.--Section 209 of the Rail Safety
Improvement Act of 2008 (49 U.S.C. 20901 note) is amended by inserting
``, and other events required to be reported under part 225 of title
49, Code of Federal Regulations,'' after ``collisions and fatalities''.
SEC. 9503. 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 or suspend
compliance with any part of a regulation prescribed or order
issued under this chapter if the waiver or suspension 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 or suspension under this subsection;
``(B) make the application for such waiver or
suspension 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 or
suspension under this subsection before making a final
decision; and
``(D) make public the reasons for granting a waiver
or suspension 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. 9504. NOTICE OF FRA COMPREHENSIVE SAFETY COMPLIANCE ASSESSMENTS.
(a) Initial Notice.--If the Federal Railroad Administration initiates
a comprehensive safety compliance assessment of an entity providing
regularly scheduled intercity or commuter rail passenger
transportation, the 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 of such comprehensive safety compliance
assessment not later than 10 business days after the date on which
commencement of any field investigation activity that is part of such
assessment occurs.
(b) Findings.--Not later than 180 days after completion of a
comprehensive safety compliance 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 a summary report of the findings of such
assessment.
(c) Definition of Comprehensive Safety Compliance Assessment.--In
this section, the term ``comprehensive safety compliance assessment''
means a focused review initiated and managed by the Federal Railroad
Administration based on findings from an accident investigation and
involving at least 2 technical disciplines, with the purpose of
examining the compliance of an entity providing regularly scheduled
intercity or commuter rail passenger transportation with safety
standards.
SEC. 9505. 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'';
(2) in subsection (c) by inserting ``The Secretary shall
develop a process to make available to a representative of the
railroad carrier that is the subject of an accident or incident
investigation, and to a representative of the employees of such
railroad carrier, including a nonprofit employee labor
organization representing railroad workers, a draft
investigation report for timely review and comment.'' after the
period at the end; and
(3) 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 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 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 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. 9506. 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 2-person crew comprised of at least 1 appropriately
qualified and certified conductor and 1 appropriately qualified and
certified locomotive engineer.
``(b) Exceptions.--Except as provided in subsection (d), the
prohibition in subsection (a) shall not apply in any of the following
circumstances:
``(1) Train operations on track that is not a main track.
``(2) A train operated--
``(A) by a railroad carrier that has fewer than
400,000 total employee work hours annually and less
than $40,000,000 annual revenue (adjusted for inflation
as measured by the Surface Transportation Board
Railroad Inflation-Adjusted Index);
``(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 the
point of origin of such locomotive.
``(5) Train operations staffed with fewer than a two-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
high-level radioactive waste, spent nuclear fuel, or material
toxic by inhalation;
``(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; or
``(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. 9507. BORDER CROSSINGS.
(a) Border Crossings.--The Secretary of Transportation shall require
that--
(1) any railroad carrier that is operating a freight train
across the southern border into the United States operates the
train continually until the last car of the train passes
through the scanning facility used for nonintrusive inspection
by U.S. Customs and Border Protection located at such border;
(2) when the last car of such train passes through such
facility, the railroad carrier shall stop such train to conduct
a crew interchange and any federally-mandated safety testing;
and
(3) the railroad carrier ensures that the only individuals
that operate such trains after carrying out the activities
described in paragraph (2) are individuals--
(A) who are United States nationals or aliens
lawfully admitted for permanent residence in the United
States; and
(B) whose primary reporting point is in the United
States.
(b) Funding.--
(1) Set-aside.--From the amounts made available to carry out
section 22907 of title 49, United States Code, the Secretary
shall set aside, for each of fiscal years 2022 through 2026,
$60,000,000 for projects to prevent blocked crossing incidents
as a result of operations made necessary by subsection (a).
Projects eligible for funding under this paragraph are--
(A) highway-rail grade crossing separation projects
eligible under such section that are located not
further than 1.5 miles from a scanning facility
described in subsection (a)(1); and
(B) projects eligible under such section to relocate
a rail line to prevent blocked crossing incidents
resulting from trains crossing the southern border.
(2) Unobligated funds.--Any funds provided under paragraph
(1) that are unobligated at the end of the second fiscal year
following the fiscal year in which such funds are set aside may
be used for any eligible project under section 22907.
(c) Agreement.--The Secretary shall ensure that a recipient of funds
made available under subsection (b)(1)(A) has a written agreement with
any railroad carrier operating over the infrastructure constructed or
improved with such funds that includes a requirement that any such
railroad carrier may not operate trains over such infrastructure that,
due to the length of the train, are likely to cause blocked crossing
incidents.
(d) Rule of Construction.--Nothing in this section shall be construed
as amending any safety regulation of the Federal Railroad
Administration or amending or revoking any waivers such Administration
has granted under section 20103 of title 49, United States Code.
(e) Definitions.--In this section:
(1) Railroad carrier.--The term ``railroad carrier'' has the
meaning given such term in section 20102 of title 49, United
States Code.
(2) Southern border.--The term ``southern border'' means the
international border between the United States and Mexico.
(3) Blocked crossing incident.--The term ``blocked crossing
incident'' has the meaning given such term in section 20173 of
title 49, United States Code.
SEC. 9508. 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. 9509. LEAKING BRAKES.
(a) In General.--The Administrator of the Federal Railroad
Administration shall take such actions as are necessary to prohibit the
use of any service air brake control valve or emergency air brake
control valve in any location north of the 37th parallel during the
period beginning on November 1 and ending on March 31 of any year if--
(1) the period between the date on which the air brake
control valve is in use and the date of the manufacture or
recondition of such valve exceeds 15 years; and
(2) the air brake control valve is operated in--
(A) a unit train on or after August 1, 2023;
(B) a train transporting 1 or more materials
poisonous by inhalation, as such term is defined in
section 171.8 of title 49, Code of Federal Regulations,
on or after August 1, 2023; or
(C) a non-unit train on or after August 1, 2025.
(b) Reports.--Not later than 1 year after the date of enactment of
this Act, and every year thereafter until air brake control valves
described in subsection (a) are no longer operating in trains as
required under subparagraphs (A) and (B) of subsection (a)(1), the
Administrator shall 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 that
identifies--
(1) the estimated number of such air brake control valves in
use on--
(A) unit trains operating north of the 37th parallel
between November 1 and March 31; and
(B) trains transporting 1 or more material poisonous-
by-inhalation operating north of the 37th parallel
during the period beginning on November 1 and ending on
March 31;
(2) any issues affecting the industry's progress toward
ensuring that such air brake control valves are phased out in
accordance with the requirements of subsection (a); and
(3) efforts the Administrator has taken since the previous
report to ensure such air brake control valves are phased out
in accordance with the requirements of subsection (a).
(c) Rulemaking.--If, after collecting data through a science-based
methodology, the Administrator determines the prohibition under
subsection (a) does not ensure a sufficient level of safety, the
Administrator may propose alternative actions in a rulemaking
addressing the air brake control valves subject to this section.
SEC. 9510. REPORT ON PTC SYSTEM FAILURES.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Report of System Failures.--The Secretary shall require
railroad carriers and other entities subject to subsection (a) to
regularly report to the Administrator failures of positive train
control systems. The Secretary shall prescribe the type of failure,
format, interval, and detail required for reports submitted under this
subsection.''.
SEC. 9511. FATIGUE REDUCTION MANAGEMENT PLANS.
(a) In General.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall issue final regulations
on fatigue management plans based on the notice of proposed rulemaking
published on December 22, 2020, titled ``Fatigue Risk Management
Programs for Certain Passenger and Freight Railroads'' (85 Fed. Reg.
83484; Docket No. FRA-2015-0122).
(b) Monitoring.--
(1) Fatigue as cause or contributing factor.--If a Federal
Railroad Administration railroad accident or incident
investigation conducted under section 20902 of title 49, United
States Code, identifies that fatigue was a casual or
contributing factor to an accident or incident, the Secretary
may reopen a fatigue management plan of a passenger railroad
operation or a railroad subject to part 270 or part 271,
respectively, of title 49, Code of Federal Regulations.
(2) Fatigue as systemic issue.--If the Secretary determines
that fatigue is a systemic issue for a passenger railroad
operation or railroad, the Secretary shall reopen a fatigue
management plan of such passenger railroad operation or a
railroad subject to part 270 or part 271, respectively, of
title 49, Code of Federal Regulations.
(3) Reopening of fatigue management plan.--If the Secretary
reopens a fatigue management plan under paragraph (1) or (2),
the Secretary shall--
(A) consider whether any statement filed under
sections 270.208(e) and 271.207(e) of title 49, Code of
Federal Regulations, addressed such plan; and
(B) consult with employees, including labor
organizations representing railroad employees, of the
passenger railroad operation or railroad that has a
reopened fatigue management plan.
SEC. 9512. ASSAULT PREVENTION AND RESPONSE PLANS.
(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. 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 a
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) at 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 plans.''.
SEC. 9513. 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 directly involved employees
of commuter railroads and intercity passenger railroads, as
such terms are defined in section 272.9 of such part; 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. 9514. CREWMEMBER CERTIFICATION AND QUALIFICATION.
(a) Audit of Programs.--
(1) 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. Audit of qualification and certification programs
``(a) In General.--Not later than 1 year after the date of enactment
of the TRAIN Act, and not less frequently than every 5 years
thereafter, the Secretary shall conduct an audit of--
``(1) the qualification and certification program of
locomotive engineers of each Class I railroad carrier subject
to the requirements of part 240 of title 49, Code of Federal
Regulations; and
``(2) the qualification and certification program of
conductors of each Class I railroad carrier subject to the
requirements of part 242 of title 49, Code of Federal
Regulations.
``(b) Contents of Audit.--In carrying out the audit required under
subsection (a), the Secretary shall--
``(1) consider whether the training, qualification, and
continuing education components of the programs described in
subsection (a) comply with regulations in parts 240 and 242 of
title 49, Code of Federal Regulations;
``(2) assess the quality of the training that railroad
carriers provide locomotive engineers and conductors under such
programs;
``(3) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate the types of locomotives or trains a railroad
carrier may require a locomotive engineer and conductor to
operate, including all associated technology used on such
locomotives or trains;
``(4) determine whether the training, qualification, and
continuing education components of such programs reflect the
operating practices of the railroad carrier carrying out such
components;
``(5) assess whether a railroad carrier conducting such
programs provides locomotive engineers or conductors adequate
at-controls training before certification;
``(6) assess how a railroad carrier uses a simulator or other
technology to train, familiarize, or provide recurrent training
to a locomotive engineer or conductor, including how the use of
a simulator or other such technology compares to international
experience or practice; and
``(7) address any other safety issues the Secretary
determines appropriate for preparing locomotive engineers and
conductors.
``(c) Deficiency in Qualification and Certification Program.--If, in
conducting the audit required under this section, the Secretary
identifies a deficiency in a railroad carrier's qualification and
certification program of locomotive engineers or the qualification and
certification program of conductors, the Secretary shall require the
railroad carrier to update such program to eliminate the deficiency.
``(d) Consultation.--In conducting the audit required under this
section, the Secretary shall consult with representatives of each
railroad carrier and representatives of the employees of the railroad
carrier, including any nonprofit employee labor organization
representing engineers or conductors of the railroad carrier.
``(e) Cooperation.--
``(1) In general.--A railroad carrier and employees of the
railroad carrier, including any nonprofit employee labor
organization representing engineers or conductors of the
railroad carrier, shall cooperate fully with the Secretary
during an audit required under this section.
``(2) Documents; interviews.--A railroad carrier shall
provide any documents requested by the Secretary or make
available any employee for interview with the Secretary without
undue delay or obstruction.
``(f) Report to Congress.--Not later than 90 days after the date on
which the Secretary completes an audit under subsection (a), the
Secretary shall--
``(1) publish on the website of the Federal Railroad
Administration a report that summarizes the results of the
audit and any updates made in accordance with subsection (c);
and
``(2) notify of such report the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(g) Civil Penalty.--The Secretary is authorized to assess a civil
penalty or to take other authorized enforcement action, as appropriate,
pursuant to chapter 213 for a failure to comply with the requirements
of this section.''.
(2) 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. Audit of qualification and certification programs.''.
(b) Review of Regulations.--
(1) In general.--The Secretary of Transportation shall
determine whether any update to part 240 or 242, of title 49,
Code of Federal Regulations, is necessary to prepare locomotive
engineers and conductors to safely operate trains.
(2) Requirements.--In making a determination under paragraph
(1), the Secretary shall--
(A) evaluate, taking into account the requirements of
section 20169 of title 49, United States Code, whether
such parts establish Federal standards for railroad
carriers to--
(i) provide locomotive engineers and
conductors the knowledge, skill and ability to
safely operate trains under conditions that
reflect industry practices;
(ii) adequately address locomotive engineer
and conductor situational awareness;
(iii) require adequate at-controls training
before a locomotive engineer or conductor is
certified;
(iv) adequately prepare locomotive engineers
and conductors to understand all locomotive
operating characteristics;
(v) sufficiently require locomotive engineers
and conductors to demonstrate knowledge on the
physical characteristics of a territory under
various conditions and using various resources;
and
(vi) address any other safety issue the
Secretary determines appropriate for better
preparing locomotive engineers and conductors;
and
(B) consider the results of the audit required by
section 20171 of title 49, United States Code.
(3) Report to congress.--Not later than 180 days after the
date on which the Secretary submits the report required under
section 20171(f) 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 includes the findings of the review
required under paragraph (1) and a description of any action
the Secretary intends to take to improve, or increase the
effectiveness of the requirements of, part 240 or 242 of title
49, Code of Federal Regulations.
(4) Rulemaking.--If the Secretary determines under paragraph
(1) that any update to part 240 or 242 is necessary to prepare
locomotive engineers or conductors to safely operate
locomotives or trains, the Secretary shall issue a rulemaking
to carry out such update.
(5) Application of law.--Any action the Secretary takes as a
result of a determination made under paragraph (1) shall be
consistent with section 20169 of title 49, United States Code.
(6) Definition of railroad carrier.--In this subsection, the
term ``railroad carrier'' has the meaning given such term in
section 20102 of title 49, United States Code.
SEC. 9515. SAFETY MANAGEMENT TEAM COMMUNICATION.
(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. Safety management team communication
``The Administrator of the Federal Railroad Administration shall
implement a process for the communication of information between safety
management teams of the Administration and railroad employees,
including any nonprofit employee labor organization representing
railroad employees. Such process shall include a reasonable timeframe
for a safety management team to respond to communication from such
railroad employees.''.
(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. Safety management team communication.''.
SEC. 9516. GAO STUDY ON REORGANIZATION OF OFFICE OF RAILROAD SAFETY.
(a) Study.--The Comptroller General of the United States shall
conduct a study comparing the Office of Railroad Safety of the Federal
Railroad Administration before and after the reorganization of such
Office that took effect on June 8, 2020.
(b) Contents.--The study conducted under subsection (a) shall
evaluate--
(1) the differences in the structure of the Office before and
after such reorganization;
(2) any differences in the communication between the Office
and railroad carriers and the employees of railroad carriers
before and after such reorganization;
(3) any differences in the communication between Federal
Railroad Administration safety inspectors and other specialists
before and after such reorganization, and the impacts of such
differences;
(4) whether the structure before or after such reorganization
better protects against regulatory capture;
(5) whether the structure before or after such reorganization
is better at promoting and ensuring safety;
(6) whether the structure before or after such reorganization
more closely resembles the structure of other Department of
Transportation modal agencies that have enforcement authority
similar to the Federal Railroad Administration; and
(7) any other issues the Comptroller General determines are
relevant.
(c) Information Collection.--In conducting the study required under
this section, the Comptroller General shall collect information from
the following entities:
(1) The Federal Railroad Administration.
(2) Freight rail carriers and passenger rail carriers.
(3) Employees of freight rail carriers and passenger rail
carriers.
(4) Other entities the Comptroller General determines are
relevant.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall 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 that includes the findings of the study conducted under
subsection (a) and any recommendations for improving safety and
communication within the Office of Railroad Safety or between the
Office of Railroad Safety and the entities identified in paragraphs (2)
and (3) of subsection (c).
SEC. 9517. OPEN-TOP RAIL CAR PUBLIC INPUT.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall initiate a
public process to seek input on addressing safety risks, spills,
emissions, odors, and other public nuisances associated with top
loading rail cars, open-top hoppers, and gondolas, including evaluating
the feasibility of a requirement that such rail cars be covered while
in transportation, including while being held, delayed, or transferred.
SEC. 9518. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
(a) In General.--Subchapter I of chapter 201 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 20122. New passenger service pre-revenue safety validation plan
``(a) Safety Validation Plan.--
``(1) In general.--The Secretary of Transportation shall
require a covered entity to submit to the Secretary a safety
validation plan to ensure the safe operation of--
``(A) a new intercity rail passenger transportation
or commuter rail passenger transportation service;
``(B) an intercity rail passenger transportation or
commuter rail passenger transportation route that has
not been in revenue service for a period of more than
180 days; or
``(C) an extension of an existing intercity rail
passenger transportation or commuter rail passenger
transportation route.
``(2) Submission.--A covered entity shall submit a safety
validation plan required under paragraph (1) not later than 30
days before the date on which such entity begins revenue
service of a service or route described in paragraph (1).
``(b) Requirements.--
``(1) In general.--Not later than 60 days after the date of
enactment of the TRAIN Act, the Secretary shall establish the
requirements of the safety validation plan described under
subsection (a), including adequate training of all relevant
personnel and a minimum period of simulated service to ensure
operational readiness.
``(2) Prohibition of service.--The Secretary shall prohibit a
covered entity from beginning a service described in subsection
(a)(1) until the entity is in full compliance with the safety
validation plan required by such subsection.
``(c) Amendment to Safety Validation Plan.--
``(1) In general.--The Secretary shall require a covered
entity to submit to the Secretary for review and approval any
proposed amendment to a safety validation plan required under
subsection (a).
``(2) Review and approval.--Not later than 5 working days
after the date on which the Secretary receives a proposed
amendment submitted under paragraph (1), the Secretary shall
review and approve or deny such proposed amendment.
``(3) Notification.--If the Secretary does not approve a
proposed amendment submitted under this subsection, the
Secretary shall provide written notice to the covered entity of
the specific areas in which the proposed amendment is
deficient. An entity may correct such deficiencies and reapply
for review and approval under this subsection.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means an
entity providing regularly scheduled railroad transportation
that is intercity rail passenger transportation or commuter
rail passenger transportation.
``(2) Intercity rail passenger transportation; commuter rail
passenger transportation.--The terms `intercity rail passenger
transportation' and `commuter rail passenger transportation'
have the meanings given such terms in section 24102.''.
(b) Clerical Amendment.--The analysis for subchapter I of chapter 201
of title 49, United States Code, is amended by adding at the end the
following new item:
``20122. New passenger service pre-revenue safety validation plan.''.
SEC. 9519. SAFETY OVERSIGHT OF NONTRADITIONAL AND EMERGING RAIL
TECHNOLOGIES.
(a) In General.--The Secretary of Transportation shall conduct a
review of the safety regulations of the Federal Railroad Administration
to determine the applicability of such regulations to nontraditional
and emerging rail technologies and to identify any gaps in such
regulations or any challenges to ensuring the safety of such
technologies.
(b) 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
findings of the review conducted under subsection (a).
(c) Contents.--The report required under subsection (b) shall include
a description of--
(1) the applicability of safety regulations in effect on the
date of enactment of this Act to nontraditional and emerging
rail technologies;
(2) whether gaps in the regulations or other challenges exist
that should be addressed in order to ensure the safety of
nontraditional and emerging rail technologies;
(3) any additional regulations that are necessary to ensure
the safety of nontraditional and emerging rail technologies;
and
(4) any additional research that may be needed to further
evaluate and regulate the safety of nontraditional and emerging
rail technologies.
(d) Public Notice and Comment.--In conducting the review process
under subsection (a), the Secretary shall provide notice and an
opportunity for public comment for not less than 60 days.
(e) Nontraditional and Emerging Rail Technologies Defined.--In this
section, the term ``nontraditional and emerging rail technologies''
means nonhighway ground transportation that runs on electromagnetic
guideways in a tube, or system of tubes, that operates in a low-
pressure environment.
Subtitle B--Grade Crossing Safety
SEC. 9551. HIGHWAY-RAIL GRADE CROSSING SEPARATION GRANTS.
(a) In General.--Chapter 229 of title 49, United States Code, as
amended by this division, is further amended by adding at the end the
following:
``Sec. 22912. Highway-rail grade crossing separation grants
``(a) General Authority.--The Secretary of Transportation shall make
grants under this section to eligible entities to assist in funding the
cost of highway-rail grade crossing 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 railroad right-of-way and the applicant addressing access
to the railroad right-of-way throughout the project; and
``(2) a cost-sharing agreement with the funding amounts that
the entity that owns or controls the railroad 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, including
necessary acquisition of real property interests, of highway-
rail grade crossing separations.
``(2) Highway-rail 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.--In awarding grants under this
section, the Secretary--
``(1) shall give priority to projects that maximize the
safety benefits of Federal funding;
``(2) shall give priority to projects that provide direct
benefits to socially disadvantaged individuals (as such term is
defined in section 22906(b)); and
``(3) 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 State highway-
rail grade crossing action plan, average daily vehicle traffic,
total number of trains per day, average daily number of
crossing closures, the challenges of grade crossings located
near international borders, proximity to established emergency
evacuation routes, 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.--The Federal share for a project carried
out under this section 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 complies with
section 22905.
``(g) 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
project an amount that is not more than the amount
stipulated as the financial participation of the
Secretary for 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 (d)
for selecting the project for a grant; and
``(iii) a description of how the project
meets such criteria.
``(h) Appropriations Required.--An obligation or contingent
commitment may be made under subsection (g) only after amounts are
appropriated for such purpose.
``(i) 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 chapter 229 of title 49,
United States Code, as amended by this division, is further amended by
adding at the end the following:
``22912. Highway-rail grade crossing separation grants.''.
SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT.
Section 22907 of title 49, United States Code (as amended by this
Act), is further amended by adding at the end the following new
subsection:
``(o) Rail Safety Public Awareness Grants.--
``(1) Grant.--Of the amounts made available to carry out this
section, the Secretary shall make grants to nonprofit
organizations to carry out public information and education
programs to help prevent and reduce rail-related pedestrian,
motor vehicle, and other incidents, injuries, and fatalities,
and to improve awareness along railroad right-of-way and at
highway-rail grade crossings.
``(2) Selection.--Programs eligible for a grant under this
subsection--
``(A) shall include, as appropriate--
``(i) development, placement, and
dissemination of public service announcements
in appropriate media;
``(ii) school presentations, driver and
pedestrian safety education, materials, and
public awareness campaigns; and
``(iii) disseminating information to the
public on how to identify and report to the
appropriate authorities--
``(I) unsafe or malfunctioning
highway-rail grade crossings and
equipment; and
``(II) high-risk and unsafe behavior
and trespassing around railroad right-
of-way; and
``(B) may include targeted and sustained outreach in
communities at greatest risk to develop measures to
reduce such risk.
``(3) Coordination.--Eligible entities shall coordinate
program activities with local communities, law enforcement and
emergency responders, and railroad 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.
``(4) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications for programs that--
``(A) are nationally recognized;
``(B) are targeted at schools in close proximity to
railroad right-of-way;
``(C) partner with nearby railroad carriers; or
``(D) focus on communities with a recorded history of
repeated pedestrian and motor vehicle accidents,
incidents, injuries, and fatalities at highway-rail
grade crossings and along railroad right-of-way.
``(5) Applicability.--Section 22905 shall not apply to
contracts and agreements made under this subsection.''.
SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC
HIGHWAY-RAIL 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 public highway-rail grade
crossing
``(a) Time Limit.--A railroad carrier may not cause a blocked
crossing incident that is longer than 10 minutes in duration, unless
the blocked crossing incident is caused by--
``(1) a casualty or serious injury;
``(2) an accident;
``(3) a track obstruction;
``(4) actions necessary to comply with Federal rail safety
laws, regulations, or orders issued thereunder unless the
action to comply could reasonably occur at a different time or
location;
``(5) actions necessary to adhere to section 24308;
``(6) a train fully contained within rail yard limits or
fully contained in a rail siding;
``(7) an act of God; or
``(8) a derailment or a safety appliance equipment failure
that prevents the train from advancing.
``(b) Investigation of Frequently Blocked Crossings.--For any public
highway-rail grade crossing that has had 3 or more blocked crossing
incidents that exceed the time limit set forth in subsection (a) and
are reported to the blocked crossing database, and such incidents have
occurred on at least 3 calendar days within a 30-day period, the
Secretary shall--
``(1) provide an electronic notice of the number of reported
blocked crossing incidents to the railroad carrier that owns
the public highway-rail grade crossing;
``(2) investigate the causes of the blocked crossing
incidents; and
``(3) investigate possible measures to reduce the frequency
and duration of blocked crossing incidents at such grade
crossing.
``(c) Recordkeeping.--
``(1) In general.--A railroad carrier shall, upon receiving a
notice under subsection (b), maintain train location data
records for the public highway-rail grade crossing that was the
subject of the notice.
``(2) Contents of records.--The train location data records
required under paragraph (1) shall include--
``(A) a list of all blocked crossing incidents at the
public highway-rail grade crossing that is the subject
of the report exceeding 10 minutes;
``(B) the cause of the blocked crossing incident (to
the extent available);
``(C) train length; and
``(D) the estimated duration of each blocked crossing
incident.
``(3) Consultation.--Beginning on the date on which a
railroad carrier receives a notice under subsection (b), the
Secretary may consult with the carrier for a period of 60 days
to address concerns with blocked crossing incidents at the
public highway-rail grade crossing that is the subject of the
notice.
``(4) Expiration of data collection.--The requirement to
maintain records under paragraph (1) shall cease with respect
to a public highway-rail grade crossing noticed under
subsection (b)(2) if there are no reports submitted to the
blocked crossing database for blocked crossing incidents
reported to occur at such grade crossing during the previous
365 consecutive calendar days.
``(d) Civil Penalties.--
``(1) In general.--The Secretary may issue civil penalties in
accordance with section 21301 to railroad carriers for
violations of subsection (a) occurring 60 days after the date
of submission of a notice under subsection (b).
``(2) Release of records.--Upon the request of, and under
requirements set by, the Secretary, railroad carriers shall
provide the records maintained pursuant to subsection (c)(1) to
the Administrator of the Federal Railroad Administration.
``(3) Alternate route exemption.--Civil penalties may not be
issued for violations of subsection (a) that occur at a public
highway-rail grade crossing if an alternate route created by a
public highway-rail grade separation exists within a half mile
by road mileage of such public highway-rail grade crossing.
``(4) Grade separation project.--Civil penalties may not be
issued for violations of subsection (a) if the violation occurs
at a public highway-rail grade crossing for which there is a
proposed grade separation project--
``(A) that has received written agreement from the
relevant local authorities; and
``(B) for which railroad carrier and project funding
from all parties has been budgeted.
``(5) Considerations.--In determining civil penalties under
this section, the Secretary shall consider increased penalties
in a case in which a pattern of the blocked crossing incidents
continue to cause delays to State or local emergency services.
``(e) 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.
``(f) Definitions.--In this section:
``(1) Blocked crossing database.--The term `blocked crossing
database' means the national blocked crossing database
established under section 20174.
``(2) Blocked crossing incident.--The term `blocked crossing
incident' means a circumstance in which a train, locomotive,
rail car, or other rail equipment is stopped in a manner that
obstructs travel at a public highway-rail grade crossing.
``(3) Public highway-rail grade crossing.--The term `public
highway-rail grade 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 at
grade.''.
(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 public highway-rail grade crossing.''.
SEC. 9554. NATIONAL BLOCKED CROSSING DATABASE.
(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. 20174. National blocked crossing database
``(a) Database.--Not later than 45 days after the date of enactment
of the TRAIN Act, the Secretary of Transportation shall establish a
national blocked crossings database for the public to report blocked
crossing incidents.
``(b) Public Awareness.--Not later than 60 days after the date of
enactment of the TRAIN Act, the Secretary shall require each railroad
carrier to publish the active link to report blocked crossing incidents
on the website of the national blocked crossings database described in
subsection (a) on the home page of the publicly-available website of
the railroad carrier.
``(c) Blocked Crossing Incident; Public Highway-rail Grade
Crossing.--In this section, the terms `blocked crossing incident' and
`public highway-rail grade crossing' have the meanings given the terms
in section 20173.''.
(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:
``20174. National blocked crossing database.''.
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 crossing incident, as defined in
section 20173; 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 a semicolon ; and
(D) by adding at the end the following:
``(6) upon receiving a report of a blocked crossing pursuant
to paragraph (1)(D), the railroad carrier shall, within 14 days
of receipt of the report--
``(A) verify that the public highway-rail grade
crossing, as defined in section 20173, was blocked for
a period of at least 10 minutes; and
``(B) upon positive verification of the report, enter
the report into the national blocked crossings database
established in section 20174; and
``(7) promptly inform the Secretary of any update to the
number maintained under paragraph (1).''; 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.''.
SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall expend such sums as
are necessary to conduct a comprehensive review of the national
highway-rail crossing inventory of the Department of Transportation
established under section 20160 of title 49, United States Code.
(b) Contents.--In conducting the review required under subsection
(a), the Secretary shall--
(1) verify the accuracy of the geographical location data
contained in the inventory described in subsection (a) using
mapping technologies and other methods; and
(2) notify the relevant railroad and State agencies of the
erroneous data in the inventory and require such entities to
correct the erroneous data within 30 days of notification.
(c) State Reports.--The Secretary shall require State agencies to
ensure that any geographic data contained in the inventory described in
subsection (a) remains consistent with any geographic data identified
in biennial State reports required under section 130 of title 23,
United States Code.
(d) Report.--Not later than 120 days after the completion of the
review required under 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 a report summarizing the corrections made
to the inventory described in subsection (a) and the Secretary's plans
to ensure continued accuracy of such inventory.
SEC. 9557. RAILROAD TRESPASSING ENFORCEMENT GRANTS.
Section 22907 of title 49, United States Code, is further amended by
adding at the end the following:
``(p) Railroad Trespassing Enforcement Grants.--
``(1) In general.--Of the amounts made available under this
section, the Secretary may make grants to public law
enforcement agencies engaged in, or seeking to engage in,
suicide prevention efforts along railroad right-of-way to pay
wages of law enforcement personnel to patrol railroad right-of-
way located in communities at risk for rail trespassing
incidents and fatalities.
``(2) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications from entities that have jurisdiction within the
boundaries of the 10 States with the highest incidence of rail
trespass related casualties as reported in the previous fiscal
year, as reported by the National Rail Accident Incident
Reporting System.
``(3) Limitation.--The Secretary shall not award more than 3
annual grants under this subsection to the same entity.''.
SEC. 9558. RAILROAD TRESPASSING SUICIDE PREVENTION GRANTS.
Section 22907 of title 49, United States Code, is further amended by
adding at the end the following:
``(q) Railroad Trespassing Suicide Grants.--
``(1) In general.--Of the amounts made available to carry out
this section, the Secretary may make grants to eligible
entities to implement a public outreach campaign to reduce the
number of railroad suicides.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means a nonprofit mental health organization
engaged in, or seeking to engage in, suicide prevention efforts
along railroad right-of-way in partnership with a railroad
carrier, as defined in section 20102.''.
SEC. 9559. INCLUDING RAILROAD SUICIDES.
(a) In General.--Not less than 180 days after the enactment of this
Act, the Secretary of Transportation shall revise any regulations,
guidance, or other relevant agency documents to include the number of
suicides on a railroad crossing or railroad right-of-way in the total
number of rail fatalities the Secretary reports each year.
(b) Authority of the Secretary.--In carrying out subsection (a), the
Secretary may require Federal, State, and local agencies, railroads, or
other entities to submit such data as necessary.
(c) Applicability of Rulemaking Requirements.--The requirements of
section 553 of title 5, United States Code, shall not apply to the
modification required by subsection (a).
SEC. 9560. REPORT ON SAFETY MEASURES REQUIRED FOR QUIET ZONES.
Not later than 180 days after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall--
(1) submit to Congress a report on any supplementary safety
measures and alternative safety measures not contained in part
222 of title 49, Code of Federal Regulations, that can be used
to qualify for a Quiet Zone or Partial Quiet Zone; and
(2) include in the report submitted under paragraph (1)--
(A) a summary of the supplementary safety measures
and alternative safety measures for which a public
authority has requested approval from the Administrator
to implement; and
(B) an explanation for why such requests were not
granted.
TITLE VI--MISCELLANEOUS
SEC. 9601. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall seek to enter
into an agreement with 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, commuter, 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--
(A) emergency preparedness measures;
(B) resiliency best practices for infrastructure
planning; and
(C) coordination with State and local authorities.
(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 2022
under section 20117(b) of title 49, United States Code, the Secretary
shall expend not less than $1,500,000 to carry out the study required
under subparagraph (a).
SEC. 9602. ADVANCE ACQUISITION.
(a) In General.--Chapter 242 of title 49, United States Code, is
amended by inserting the following after section 24202:
``SEC. 24203. ADVANCE ACQUISITION.
``(a) Rail Corridor Preservation.--The Secretary of Transportation
may assist a recipient of Federal financial assistance provided by the
Secretary for an intercity passenger rail project in acquiring a right-
of-way and adjacent real property interests before or during the
completion of the environmental reviews for a project that may use such
property interests if the acquisition is otherwise permitted under
Federal law.
``(b) Certification.--Before authorizing advance acquisition under
this section, the Secretary shall verify that--
``(1) the recipient has authority to acquire the real
property interest; and
``(2) the acquisition of the real property interest--
``(A) is for a transportation purpose;
``(B) will not cause significant adverse
environmental impact;
``(C) will not limit the choice of reasonable
alternatives for the proposed project or otherwise
influence the decision of the Secretary on any approval
required for the project;
``(D) does not prevent the lead agency from making an
impartial decision as to whether to accept an
alternative that is being considered;
``(E) complies with other applicable Federal laws and
regulations; and
``(F) will not result in elimination or reduction of
benefits or assistance to a displaced person required
by the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.) and title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
``(c) Environmental Reviews.--
``(1) Completion of nepa review.--Before reimbursing or
approving the expenditure of Federal funding for an acquisition
of a real property interest, the Secretary shall complete all
review processes otherwise required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
section 4(f) of the Department of Transportation Act of 1966
(49 U.S.C. 303), and section 106 of the National Historic
Preservation Act (16 U.S.C. 470f) with respect to the
acquisition.
``(2) Timing of development acquisition.--A real property
interest acquired under subsection (a) may not be developed in
anticipation of the proposed project until all required
environmental reviews for the project have been completed.
``(d) Inclusion in Non-Federal Share of Project Costs.--Non-Federal
funds used to acquire right-of-way and adjacent real property interests
under this section before or during the environmental review, or before
the award of a grant by the Secretary, shall be included in determining
the non-Federal share of the costs of the underlying intercity
passenger rail project.
``(e) Savings Clause.--The advance acquisition process described in
this section--
``(1) is in addition to processes in effect on or before the
date of enactment of the TRAIN Act; and
``(2) does not affect--
``(A) any right of the recipient described in
subsection (a) to acquire property; or
``(B) any other environmental review process,
program, agreement, or funding arrangement related to
the acquisition of real property, in effect on the date
of enactment of the TRAIN Act.''.
(b) Clerical Amendment.--The analysis for chapter 242 of title 49,
United States Code, is amended by inserting after the item relating to
section 24202 the following new item:
``Sec. 24203. Advance acquisition.''.
SEC. 9603. UNIVERSITY RAIL CLIMATE INNOVATION INSTITUTE.
(a) In General.--Chapter 229 of title 49, United States Code, is
further amended by adding at the end the following:
``Sec. 22913. University Rail Climate Innovation Institute
``(a) Establishment.--The Secretary of Transportation may make a
grant to an institution of higher education to establish a University
Rail Climate Innovation Institute (in this section referred to as the
`Institute') for the research and development of low- and zero-emission
rail technologies. Such grant agreement shall not exceed 5 years.
``(b) Eligible Applicants.--To be eligible for a grant under the
subsection (a), an institution of higher education shall--
``(1) have an active research program to study the
development of low- and zero-emission rail technologies or be
able to demonstrate sufficient expertise in relevant rail
research and development;
``(2) enter into a cost-sharing agreement for purposes of the
Institute with a railroad or rail supplier; and
``(3) submit to the Secretary an application in such form, at
such time, and containing such information as the Secretary may
require.
``(c) Eligible Projects.--A recipient of this grant under this
section may carry out the research, design, development, and
demonstration of 1 or more of the following:
``(1) Hydrogen-powered locomotives and associated locomotive
technologies.
``(2) Battery-powered locomotives and associated locomotive
technologies.
``(3) Deployment of a revenue service testing and
demonstration program to accelerate commercial adoption of low-
or zero-emission locomotives.
``(4) Development or deployment of an operating prototype
low- or zero-emission locomotive.
``(5) Rail technologies that significantly reduce greenhouse
gas emissions, as determined appropriate by the Secretary.
``(d) Buy America Applicability.--For purposes of subsection (c)(4),
the recipient shall be in compliance with section 22905(a).
``(e) Funding Requirement.--The Federal share of the total cost of
the Institute shall not exceed 50 percent.
``(f) Considerations.--In selecting an applicant to receive funding
to establish the Institute, the Secretary shall consider--
``(1) the extent to which the proposed activities maximize
greenhouse gas reductions;
``(2) the potential of the proposed activities to increase
the use of low- and zero- emission rail technologies among the
United States freight and passenger rail industry; and
``(3) the anticipated public benefits of the proposed
activities.
``(g) Consideration of HBCUs.--In selecting an institution of higher
education for a grant award under this section, the Secretary shall
consider historically black colleges and universities, as such term is
defined in section 371(a)of the Higher Education Act of 1965 (2010
U.S.C. 1067q), and other minority institutions, as such term is defined
by section 365 of such Act (20 U.S.C. 1067k).
``(h) Notification.--
``(1) Notice.--Not less than 3 days before an applicant has
been selected, 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 the intention to award such a
grant.
``(2) Report.--The Institute shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Secretary an annual
report summarizing the activities undertaken by the Institute
on low- and zero-emission rail technologies.
``(i) Institution of Higher Education Defined.--In this section, the
term `institution of higher education' has the meaning given such term
in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is further amended by adding at the end the
following:
``22913. University Rail Climate Innovation Institute.''.
SEC. 9604. WORKFORCE DIVERSITY AND DEVELOPMENT.
(a) In General.--The Secretary of Transportation shall carry out at
least one workforce development pilot program with a railroad carrier.
(b) Types of Pilot Programs.--A workforce development pilot program
described in subsection (a) may be in the form of--
(1) an outreach program to increase employment opportunities
for socially disadvantaged individuals;
(2) the development of a partnership with high schools,
vocational schools, community colleges, or secondary education
institutions to address future workforce needs; and
(3) an apprenticeship program to train railroad employees in
needed skills.
(c) Apprenticeship.--In carrying out a workforce development pilot
program described in subsection (b)(3), the Secretary shall partner
with a railroad carrier providing intercity rail passenger
transportation.
(d) Report to Congress.--For a workforce development pilot program
carried out under this section, the Secretary shall 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 that describes--
(1) the activities carried out under the pilot program;
(2) the diversity of individuals participating in the pilot
program;
(3) an evaluation of the pilot program;
(4) employment outcomes, including job placement, job
retention, and wages, using performance metrics established by
the Secretary of Transportation, in consultation with the
Secretary of Labor, and consistent with performance indicators
used by programs under the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.), as applicable; and
(5) any recommendations for increasing diversity in the
railroad workforce, addressing future workforce needs, or
enhancing workforce skills.
(e) Definition.--In this section:
(1) Intercity rail passenger transportation.--The term
``intercity rail passenger transportation'' has the meaning
given such term in section 24102 of title 49, United States
Code.
(2) Railroad carrier.--The term ``railroad carrier'' has the
meaning given such term in section 20102 of title 49, United
States Code.
(3) Socially disadvantaged individuals.--The term ``socially
disadvantaged individuals'' has the meaning given the term
``socially and economically disadvantaged individuals'' in
section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
(f) Funding.--From the amounts made available under section 20117(b)
of title 49, United States Code, the Secretary may expend up to
$1,300,000 for fiscal year 2022 and $1,300,000 for 2023 to carry out
this section.
SEC. 9605. REQUIREMENTS FOR RAILROAD FREIGHT CARS ENTERING SERVICE IN
UNITED STATES.
(a) In General.--Chapter 207 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 20704. Requirements for railroad freight cars entering service
in United States
``(a) Definitions.--In this section, the following definitions apply:
``(1) Component.--The term `component' means a part or
subassembly of a railroad freight car.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on the
board of directors of an entity, proxy voting on the board of
directors of an entity, a special share in the entity, a
contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other
means, to determine, direct, make decisions, or cause decisions
to be made for the entity.
``(3) Cost of sensitive technology.--The term `cost of
sensitive technology' means the aggregate cost of the sensitive
technology located on a railroad freight car.
``(4) Country of concern.--The term `country of concern'
means a country that--
``(A) is identified by the Department of Commerce as
a nonmarket economy country (as defined in section
771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)))
as of the date of enactment of the TRAIN Act;
``(B) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242)
as a foreign country included on the priority watch
list defined in subsection (g)(3) of that section; and
``(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of
1974 (19 U.S.C.2416).
``(5) Net cost.--The term `net cost' has the meaning given
the term in chapter 4 of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(6) Qualified facility.--The term `qualified facility'
means a facility that is not owned or under the control of a
state-owned enterprise.
``(7) Qualified manufacturer.--The term `qualified
manufacturer' means a railroad freight car manufacturer that is
not owned or under the control of a state-owned enterprise.
``(8) Railroad freight car.--The term `railroad freight car'
means a car designed to carry freight or railroad personnel by
rail, including--
``(A) box car;
``(B) refrigerator car;
``(C) ventilator car;
``(D) intermodal well car;
``(E) gondola car;
``(F) hopper car;
``(G) auto rack car;
``(H) flat car;
``(I) special car;
``(J) caboose car;
``(K) tank car; and
``(L) yard car.
``(9) Sensitive technology.--The term `sensitive technology'
means any device embedded with electronics, software, sensors,
or other connectivity, that enables the device to connect to,
collect data from, or exchange data with another device,
including--
``(A) onboard telematics;
``(B) remote monitoring software;
``(C) firmware;
``(D) analytics;
``(E) GPS satellite and cellular location tracking
systems;
``(F) event status sensors;
``(G) predictive component condition and performance
monitoring sensors; and
``(H) similar sensitive technologies embedded into
freight railcar components and subassemblies.
``(10) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, or under the
control of, a national, provincial, or local government
of a country of concern, or an agency of such
government; or
``(B) an individual acting under the direction or
influence of a government or agency described in
subparagraph (A).
``(11) Substantially transformed.--The term `substantially
transformed' means a component of a railroad freight car that
undergoes an applicable change in tariff classification as a
result of the manufacturing process, as described in chapter 4
and related Annexes of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(12) USMCA.--The term `USMCA' has the meaning given the
term in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).
``(b) Requirements for Railroad Freight Cars Entering Service in the
United States.--
``(1) Limitation on railroad freight cars.--A railroad
freight car wholly manufactured on or after the date that is 1
year after the date of enactment of the TRAIN Act, may only
operate on the United States freight railroad interchange
system if--
``(A) the railroad freight car is manufactured,
assembled, and substantially transformed, as
applicable, by a qualified manufacturer in a qualified
facility;
``(B) none of the sensitive technology located on the
railroad freight car, including components necessary to
the functionality of the sensitive technology,
originates from a country of concern or is sourced from
state-owned enterprise; and
``(C) none of the content of the railroad freight
car, excluding sensitive technology, originates from a
country of concern or is sourced from a state-owned
enterprise that has been determined by a recognized
court or administrative agency of competent
jurisdiction and legal authority to have violated or
infringed valid United States intellectual property
rights of another including such a finding by a Federal
district court under title 35 or the U.S. International
Trade Commission under section 337 of the Tariff Act of
1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--Not later than 12
months after the date of enactment of the TRAIN Act, a
railroad freight car manufactured may operate on the
United States freight railroad interchange system only
if--
``(i) not more than 20 percent of the content
of the railroad freight car, calculated by the
net cost of all components of the car and
excluding the cost of sensitive technology,
originates from a country of concern or is
sourced from a state-owned enterprise; and
``(ii) not later than 24 months after the
date of enactment of the TRAIN Act, the
percentage described in clause (i) shall be no
more than 15 percent
``(B) Conflict.--The percentages specified in this
paragraph apply notwithstanding any apparent conflict
with provisions of chapter 4 of the USMCA.
``(c) Regulations and Penalties.--
``(1) Regulations required.--Not later than 1 year after the
date of enactment of the TRAIN Act, the Secretary of
Transportation shall issue such regulations as are necessary to
carry out this section, including for the monitoring,
enforcement, and sensitive technology requirements of this
section.
``(2) Certification required.--To be eligible to provide a
railroad freight car for operation on the United States freight
railroad interchange system, the manufacturer of such car shall
certify to the Secretary annually that any railroad freight
cars to be so provided meet the requirements of this section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a
railroad freight car begins operation on the United
States freight railroad interchange system, the
manufacturer of such railroad freight car shall have
valid certification describe under paragraph (2) for
the year in which such car begins operation.
``(B) Registration of noncompliant cars prohibited.--
A railroad freight car manufacturer may not register,
or cause to be registered, a railroad freight car that
does not comply with the requirements of this section
in the Association of American Railroad's Umler system.
``(4) Civil penalties.--
``(A) In general.--A railroad freight car
manufacturer that has manufactured a railroad freight
car for operation on the United States freight railroad
interchange system that the Secretary of Transportation
determines, after written notice and an opportunity for
a hearing, has violated this section is liable to the
United States Government for a civil penalty of at
least $100,000 but not more than $250,000 for each
violation for each railroad freight car.
``(B) Prohibition for violations.--The Secretary of
Transportation may prohibit a railroad freight car
manufacturer with respect to which the Secretary has
assessed more than 3 violations under subparagraph (A)
from providing additional railroad freight cars for
operation on the United States freight railroad
interchange system until the Secretary determines--
``(i) such manufacturer is in compliance with
this section; and
``(ii) all civil penalties assessed to such
manufacturer under subparagraph (A) have been
paid in full.''.
(b) Clerical Amendment.--The analysis for chapter 207 of title 49,
United States Code, is amended by adding at the end the following:
``20704. Requirements for railroad freight cars entering service in
United States.''.
SEC. 9606. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
Section 20108 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Rail Research and Development Center of Excellence.--
``(1) Center of excellence.--The Secretary may provide a
grant to an entity described in paragraph (2) to establish a
Center of Excellence to advance research and development that
improves the safety, efficiency, and reliability of passenger
and freight rail transportation.
``(2) Eligibility.--An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1002)) or a consortium of nonprofit institutions of
higher education shall be eligible to receive a grant under
this subsection.
``(3) Selection criteria.--In awarding a grant under this
subsection, the Secretary may--
``(A) give preference to an applicant with strong
past performance related to rail research, education,
and workforce development activities;
``(B) consider the extent to which the applicant
would involve public passenger and private and public
freight railroad operators; and
``(C) consider the regional and national impacts of
the applicant's proposal.
``(4) Use of funds.--Amounts awarded under this subsection
may be used to establish and operate the Center of Excellence
described in paragraph (1) and for research, evaluation,
education, and workforce development and training efforts
related to safety, environmental sustainability, and
reliability of rail transportation, including--
``(A) rolling stock;
``(B) positive train control;
``(C) human factors, systems design, or fatigue;
``(D) rail infrastructure;
``(E) shared corridors;
``(F) grade crossings;
``(G) rail systems maintenance;
``(H) network resiliency;
``(I) programs to train railroad workers in needed
skills; and
``(J) the development of programs or partnerships to
raise awareness of railroad employment opportunities,
in coordination with the Federal Railroad
Administration.
``(5) Federal share.--The Federal share of the cost of an
activity carried out with a grant under this subsection shall
be 50 percent.''.
SEC. 9607. FREIGHT RAILROAD LOCOMOTIVE REQUIREMENTS.
(a) Requirements for Class I Locomotives.--A Class I railroad may
only operate a locomotive on the freight railroad interchange system on
or after January 1, 2030, if--
(1) the locomotive was manufactured on or after January 1,
2008;
(2) the primary NOx and PM emissions on the
Environmental Protection Agency certificate of conformity for
the locomotive are equal to or cleaner than the cleanest
available locomotive; or
(3) the locomotive has not exceeded a total of 89,100 MWhs of
operation since its original engine build date.
(b) Certification Required.--To be eligible to own or operate a
locomotive covered by subsection (a) on the United States freight
railroad interchange system on or after January 1, 2030, a Class I
railroad shall certify to the Secretary of Transportation that such
locomotive meets the requirements of this section.
(c) Effectuation.--The Secretary is authorized to issue such
regulations as are necessary to carry out this section.
(d) Definitions.--In this section:
(1) Certificate of conformity.--The term ``certificate of
conformity'' means the document that the Environmental
Protection Agency issues to an engine manufacturer to certify
that an engine class conforms to Environmental Protection
Agency requirements.
(2) Cleanest available locomotive.--The term ``cleanest
available locomotive'' means the strictest standard set by the
Environmental Protection Agency for the applicable locomotive
under section 213 of the Clean Air Act (42 U.S.C. 7547).
Purpose and Summary
The purpose of H.R. 3684, as amended, is to reauthorize
Federal-aid highway, transit, highway safety, motor carrier,
research, multi-modal, hazardous materials, and rail programs
through fiscal year 2026.
Background and Need for Legislation
Federal surface transportation programs, currently
authorized by the Fixing America's Surface Transportation Act
(FAST Act) (P.L 114-94), are set to expire on September 30,
2021. This legislation extends program authorizations for 5
years through Fiscal Year 2026.
The INVEST in America Act authorizes $547 billion over 5
years to make transformative infrastructure investments in
surface and rail transportation. The bill provides $429 billion
over 5 years out of the Highway Trust Fund (HTF) for highway,
transit, safety, and research programs, a 54 percent increase
over current investment levels. The bill further provides $333
billion for the Federal-aid highway program under the Federal
Highway Administration, $109 billion for transit programs under
the Federal Transit Administration, $5.4 billion for highway
safety programs under the National Highway Traffic Safety
Administration, $4.6 billion for motor carrier safety programs
under the Federal Motor Carrier Safety Administration, and $95
billion for rail programs under the Federal Railroad
Administration and hazardous materials safety programs under
the Pipeline and Hazardous Materials Safety Administration.
The bill also makes significant policy changes to spur
investment in transformative projects that will: create
millions of jobs; support American manufacturing; spur economic
activity and innovation; bring our transportation systems to a
state of good repair; reduce carbon pollution; dramatically
improve safety; significantly boost investment in transit,
passenger rail, and transportation alternatives; provide
dedicated investment for rural areas; and build a more just and
equitable future through investment in businesses owned by
socially and economically disadvantaged individuals and
continuation of the U.S. Department of Transportation's
Disadvantaged Business Enterprise Program given ongoing
business discrimination based on race and gender, dedicated
resources to low-income communities, and consideration of
equity and environmental justice in transportation planning and
funding allocation.
The Committee also gathered information to support the
reauthorization of U.S. DOT's Disadvantaged Business Enterprise
(DBE) program, including a large number of disparity studies.
``Disparity studies'' and ``availability studies''
constitute a rigorous source of both statistical and
qualitative evidence about discrimination against minority- and
women-owned businesses. These studies have been conducted in
States and localities in every region of the country and
contain a wealth of information about the state of the playing
field for minority- and women-owned firms. Generally 300 to
1,000 pages in length, disparity studies contain myriad
analyses aimed at answering the question: ``Does business
discrimination based upon race or gender continue to exist?''
Even a cursory review of the studies reveals that the answer is
resoundingly ``yes.'' While disparity study authors take
diverse approaches, a few common analyses are present in most
studies. Almost every disparity study examines disparities
between the availability and utilization of minority- and
women-owned businesses by specific government agencies in
procurement. When considered in historical context, public
contracting disparities have decreased in severity in some
areas, however the fact that these disparities persist at all
despite the fact that programs like the DBE program have been
in place for almost four decades is cause for the Congress and
the Department of Transportation to redouble their efforts.
Perhaps even more troubling, however, is the evidence contained
in disparity studies analyzing contracting unremediated by the
DBE program and other similar programs. Many disparity studies
examine the broader (beyond the public sector) heavy
construction and architecture and engineering markets and find
that the disparities between minority- and women-owned
businesses and their non-minority male counterparts are far
greater than the disparities that persist in the public sector
where remedial programs are more routine. Likewise, analyses
examining the difference in participation of minority- and
women-owned businesses on projects with flexible participation
goals to provide opportunities for such businesses compared to
projects without such goals almost uniformly demonstrate the
need for the DBE program. Finally, the great majority of
disparity studies also contain qualitative evidence in the form
of personal accounts by contractors from around the nation
testifying to ongoing discrimination in business lending,
bidding procedures, access to insurance and bonding, access to
business networks, sup-plier pricing, treatment by prime
contractors, and even in the ability to start a business in the
first place.
The Committee has collected recent studies dealing with
discrimination in 31 states and the District of Columbia. A
sampling of the relevant studies includes: Alaska Department of
Transportation & Public Facilities Disadvantaged Business
Enterprise Study, Final Report & Final Appendices, Prepared by
the Alaska Department of Transportation & Public Facilities
Civil Rights Office (2020); Arizona Department of
Transportation Disparity Study, Final Report, Prepared by Keen
Independent Research (2020); Caltrans Disparity Study, Prepared
by BBC Research and Consulting for Caltrans Department of
Transportation (2016); City of Oakland 2017 Race and Gender
Disparity Study, Prepared by Mason Tillman Associates, Ltd.
(2020); LA Metro 2017 Disparity Study, Prepared by BBC Research
& Consulting for the Los Angeles County Metropolitan
Transportation Authority (2018); Colorado Disparity Study,
Final Report, Prepared by Keen Independent Research (2020);
Connecticut Disparity Study: Phases 1-3, Prepared by The
Connecticut Academy of Science and Engineering for the
Connecticut General Assembly and the Government Administration
and Elections Commission (2013, 2014, 2016); District of
Columbia Department of Small and Local Business Development
Comparative Analysis: Minority and Women-Owned Business
Assessment, Prepared by CRP, Inc. (2019); Minority, Women, and
Small Business Enterprise Disparity Study for the City of
Tallahassee, Leon County, Florida and Blueprint
Intergovernmental Agency, Prepared by MGT Consulting Group
(2019); Georgia Department of Transportation Disparity Study,
Prepared by Griffin & Strong, P.C. for the State of Georgia
(2016); Hawaii Department of Transportation 2019 Availability
and Disparity Study, Prepared by Keen Independent Research
(2020); Idaho Transportation Department Disparity Study,
Prepared by BBC Research & Consulting (2017); Chicago Transit
Authority Disparity Study, Prepared by Colette Holt &
Associates (2019).
Illinois Department of Transportation Disparity Study,
Prepared by BBC Research & Consulting (2017); City of
Indianapolis and Marion County Disparity Study, BBC Research &
Consulting (2019); State of Indiana Disparity Study, Prepared
by BBC Research & Consulting for the Indiana Department of
Administration (2020); City of Kansas City, Missouri Disparity
Study, Prepared by Colette Holt & Associates (2016); Louisville
& Jefferson County Metropolitan Sewer District Disparity Study,
Prepared by Mason Tillman Associates, Ltd. (2018); City of New
Orleans Disparity Study, Prepared by Keen Independent Research
(2018); Disadvantaged Business Enterprise Disparity Study:
Volumes I-II, Prepared by NERA Economic Consulting for the
Maryland Department of Transportation (2018); Business
Disparities in the DCAMM Construction and Design Market Area,
Prepared by NERA Economic Consulting for the Commonwealth of
Massachusetts Division of Capital Asset Management and
Maintenance (2017); 2017 Minnesota Joint Disparity Study
Minnesota Department of Transportation, Prepared by Keen
Independent Research (2018); Missouri Department of
Transportation DBE Availability Study, Prepared by Keen
Independent Research (2019); Availability and Disparity Study,
Prepared by Keen Independent Research LLC for the State of
Montana Department of Transportation; Nevada Transportation
Consortium Disparity Study, Prepared by BBC Research &
Consulting for the Regional Transportation Commission of
Southern Nevada (2017); NJ Transit Disparity Study, Executive
Summary & Appendix, Prepared by The Roy Wilkins Center for
Human Relations and Social Justice, Hubert H. Humphrey School
of Public Affairs, University of Minnesota (2016); State of New
York MWBE Disparity Study, Volumes I & II, Prepared by Mason
Tillman Associates, Ltd. (2016); State of North Carolina
Department of Administration, Disparity Study Report: Volume 1,
State Agencies, Prepared by Griffin & Strong, P.C. (2020);
Cuyahoga County Disparity Study Report, Prepared by Griffin &
Strong P.C. (2020); 2015-16 Ohio Public Authorities Disparity
Study, prepared by BBC Research & Consulting for the Ohio
Department of Transportation (2016); Oregon Department of
Transportation DBE Disparity Study Update, Prepared by Keen
Independent Research LLC (2019); Pennsylvania Department of
Transportation Disparity Study, Prepared by BBC Research &
Consulting (2018); Metro Nashville, Tennessee Disparity Study,
Prepared by Griffin & Strong P.C. (2018); Shelby County
Disparity Study, Prepared by Mason Tillman Associates, Ltd.
(2016); Texas Department of Transportation Disparity Study,
Prepared by Colette Holt & Associates (2019); Commonwealth of
Virginia Disparity Study, Prepared by BBC Research & Consulting
(2020); City of Tacoma Disparity Study, Prepared by Griffin &
Strong P.C. (2018); Washington State Department of
Transportation Disparity Study, Prepared by Colette Holt &
Associates (2017); Madison Public Works Disparity Study,
Prepared by Keen Independent Research for City of Madison,
Wisconsin (2015).
In addition to considering the available evidence related
to the need for the DBE program, the Committee has carefully
considered the extent to which the current DBE statute, and
corresponding regulations promulgated at 49 C.F.R. 26, ensure
that the DBE program is flexible, time-limited, not over- or
under-inclusive and does not place an undue burden on non-
program beneficiaries. Given the substantial new funds the bill
authorizes for surface transportation, this legislation can and
should provide opportunities for all small businesses,
including those owned by minority and women entrepreneurs,
without unfair disadvantage to any. In addition, the program
continues to prioritize race-neutral efforts to remedy
discrimination over race-conscious remedies and requires that
all numerical goals are flexible, subject to waivers, and based
on the best available local evidence. This likely explains why
every Federal circuit court that has examined the DBE program
has upheld the statute and the regulations against facial
constitutional challenge. These courts have included the United
States Courts of Appeals for the Seventh, Eighth, Ninth and
Tenth Circuits.
Hearings
For the purposes of Rule XIII, clause 3(c)(6)(A) of the
117th Congress, the following hearings were used to develop or
consider H.R. 3684:
On February 24, 2021, the Subcommittee on Highways and
Transit held a hearing titled ``Examining Equity in
Transportation Safety Enforcement.'' The Subcommittee received
testimony from Mr. Larry Sandigo, Former Chairman, Community
Advisory Board, Maricopa County, Arizona; Ms. Lorraine Martin,
President and Chief Executive Officer, The National Safety
Council; Ms. Michelle Ramsey Hawkins, Victim / Survivor,
Mothers Against Drunk Driving; Mr. Ken Barone, Project Manager,
Institute for Municipal and Regional Policy, Central
Connecticut State University; and Dr. Rashawn Ray, Professor of
Sociology and Director, Lab for Applied Social Science,
University of Maryland. This hearing examined the role of
enforcement in supporting traffic safety, and associated equity
implications.
On March 10, 2021, the Subcommittee on Railroads,
Pipelines, and Hazardous Materials held a hearing titled ``Full
Steam Ahead for Rail: Why Rail is More Relevant Than Ever for
Economic and Environmental Progress.'' The Subcommittee
received testimony from Ms. Shannon Valentine, Secretary,
Department of Transportation, Commonwealth of Virginia; Ms.
Caren L. Kraska, President and Chairman, Arkansas & Missouri
Railroad; Mr. Gregory R. Regan, President, Transportation
Trades Department, AFL-CIO; and Mr. Thomas Gregory Williams,
Group Vice President, Consumer Products, BNSF Railway. The
hearing examined the importance of rail to the U.S. economy and
as a tool to mitigate climate change.
On March 17, 2021, the Committee held a hearing titled
``The Business Case for Climate Solutions.'' The Committee
received testimony from Mr. Jack Allen, Chief Executive
Officer, Proterra, Inc.; Ms. Laurie M. Giammona, Senior Vice
President, Customer Care, Pacific Gas and Electric Company; Mr.
Shameek Konar, Chief Executive Officer, Pilot Flying J,
testifying on behalf of the National Association of Truck Stop
Operators; Mr. Tom Lewis, National Business Line Executive,
Climate, Resilience, and Sustainability, WSP USA; Mr. Troy
Rudd, Chief Executive Officer, AECOM; Mr. Rafael Ottoni
Santana, President and Chief Executive Officer, Wabtec
Corporation; Mr. Frederick W. Smith, Chairman and Chief
Executive Officer, FedEx Corporation; and Mr. Charles Hernick,
Vice President, Policy and Advocacy, Citizens for Responsible
Energy Solutions. The hearing explored private sector actions
to develop and implement solutions to climate change, with an
emphasis on the surface transportation sector.
On March 25, 2021, the Committee held a hearing titled
``The Administration's Priorities for Transportation
Infrastructure.'' The Committee received testimony from Hon.
Pete Buttigieg, Secretary, Department of Transportation. This
hearing provided an opportunity for Members of the Committee to
hear the Administration's priorities for infrastructure
investment, transportation policy, surface transportation
authorization, and other matters.
On April 14, 2021, the Committee held a hearing titled
``Committee on Transportation and Infrastructure Members' Day
Hearing.'' The Committee received testimony from Hon. Zoe
Lofgren, a Representative in Congress from the 19th District of
California; Hon. Robert J. Wittman, a Representative in
Congress from the 1st District of Virginia; Hon. Marcy Kaptur,
a Representative in Congress from the 9th District of Ohio;
Hon. John B. Larson, a Representative in Congress from the 1st
District of Connecticut; Hon. Earl Blumenauer, a Representative
in Congress from the 3rd District of Oregon; Hon. Derek Kilmer,
a Representative in Congress from the 6th District of
Washington; Hon. Bill Pascrell Jr., a Representative in
Congress from the 9th District of New Jersey; Hon. Larry
Bucshon, a Representative in Congress from the 8th District of
Indiana; Hon. Scott H. Peters, a Representative in Congress
from the 52nd District of California; Hon. Robert C. ``Bobby''
Scott, a Representative in Congress from the 3rd District of
Virginia; Hon. Jim Costa, a Representative in Congress from the
16th District of California; Hon. Rosa L. DeLauro, a
Representative in Congress from the 3rd District of
Connecticut; Hon. Jodey C. Arrington, a Representative in
Congress from the 19th District of Texas; Hon. Kurt Schrader, a
Representative in Congress from the 5th District of Oregon;
Hon. Katie Porter, a Representative in Congress from the 45th
District of California.
Hon. Dean Phillips, a Representative in Congress from the
3rd District of Minnesota; Hon. Cheri Bustos, a Representative
in Congress from the 17th District of Illinois; Hon. Grace
Meng, a Representative in Congress from the 6th District of New
York; Hon. Jim Hagedorn, a Representative in Congress from the
1st District of Minnesota; Hon. Michael Cloud, a Representative
in Congress from the 27th District of Texas; Hon. Josh
Gottheimer, a Representative in Congress from the 5th District
of New Jersey; Hon. Fred Keller, a Representative in Congress
from the 12th District of Pennsylvania; Hon. Lizzie Fletcher, a
Representative in Congress from the 7th District of Texas; Hon.
Mike Quigley, a Representative in Congress from the 5th
District of Illinois; Hon. Virginia Foxx, a Representative in
Congress from the 5th District of North Carolina; Hon. Young
Kim, a Representative in Congress from the 39th District of
California; Hon. Karen Bass, a Representative in Congress from
the 27th District of California; Hon. Alma S. Adams, a
Representative in Congress from the 12th District of North
Carolina; Hon. Brad Sherman, a Representative in Congress from
the 30th District of California; Hon. Kim Schrier, a
Representative in Congress from the 8th District of Washington.
Hon. Chris Jacobs, a Representative in Congress from the
27th District of New York; Hon. Tracey Mann, a Representative
in Congress from the 1st District of Kansas; Hon. Brian
Higgins, a Representative in Congress from the 26th District of
New York; Hon. Elaine G. Luria, a Representative in Congress
from the 2nd District of Virginia; Hon. Ed Case, a
Representative in Congress from the 1st District of Hawaii;
Hon. Veronica Escobar, a Representative in Congress from the
16th District of Texas; Hon. Adriano Espaillat, a
Representative in Congress from the 13th District of New York;
Hon. David N. Cicilline, a Representative in Congress from the
1st District of Rhode Island; Hon. Mikie Sherrill, a
Representative in Congress from the 11th District of New
Jersey; Hon. Nanette Diaz Barragan, a Representative in
Congress from the 44th District of California; Hon. Mondaire
Jones, a Representative in Congress from the 17th District of
New York; Hon. Teresa Leger Fernandez, a Representative in
Congress from the 3rd District of New Mexico; Hon. Al Green, a
Representative in Congress from the 9th District of Texas; Hon.
Jamaal Bowman, a Representative in Congress from the 16th
District of New York; Hon. Lauren Underwood, a Representative
in Congress from the 14th District of Illinois.
Hon. Mike Levin, a Representative in Congress from the 49th
District of California; Hon. Pramila Jayapal, a Representative
in Congress from the 7th District of Washington; Hon. Angie
Craig, a Representative in Congress from the 2nd District of
Minnesota; Hon. Joe Neguse, a Representative in Congress from
the 2nd District of Colorado; Hon. Paul Tonko, a Representative
in Congress from the 20th District of New York; Hon. Haley M.
Stevens, a Representative in Congress from the 11th District of
Michigan; Hon. Linda T. S nchez, a Representative in Congress
from the 38th District of California; Hon. Matthew M. Rosendale
Sr., a Representative in Congress from Montana; Hon. Mary Gay
Scanlon, a Representative in Congress from the 5th District of
Pennsylvania; Hon. Tom O'Halleran, a Representative in Congress
from the 1st District of Arizona; Hon. Andy Levin, a
Representative in Congress from the 9th District of Michigan;
Hon. Brenda L. Lawrence, a Representative in Congress from the
14th District of Michigan; Hon. Lori Trahan, a Representative
in Congress from the 3rd District of Massachusetts; Hon. Tim
Ryan, a Representative in Congress from the 13th District of
Ohio; Hon. Stacey E. Plaskett, a Delegate in Congress from the
U.S. Virgin Islands.
Hon. Bradley Scott Schneider, a Representative in Congress
from the 10th District of Illinois; Hon. Frank J. Mrvan, a
Representative in Congress from the 1st District of Indiana;
and Hon. Gwen Moore, a Representative in Congress from the 4th
District of Wisconsin. This hearing provided Members not on the
Committee an opportunity to testify on their policy priorities
within the Committee's jurisdiction.
On May 6, 2021, the Subcommittee held a hearing titled
``When Unlimited Potential Meets Limited Resources: The
Benefits and Challenges of High-Speed Rail and Emerging Rail
Technologies.'' The Subcommittee received testimony from two
panels consisting of the following: Panel I--Hon. John Davis
Porcari, Managing Partner, 3P Enterprises, testifying on his
own behalf as Former Deputy Secretary/Chief Operating Officer,
Department of Transportation; Ms. Rachel Smith, President and
Chief Executive Officer, Seattle Metropolitan Chamber of
Commerce; Mr. Phillip A. Washington, Chief Executive Officer,
Los Angeles County Metropolitan Transportation Authority, Los
Angeles County, California; Ms. Danielle M. Eckert,
International Representative, International Brotherhood of
Electrical Workers, AFL-CIO; Hon. Carbett ``Trey'' Duhon,
Judge, Waller County, Texas; Mr. Andy Kunz, President and Chief
Executive Officer, U.S. High Speed Rail Association. Panel II--
Mr. Carlos F. Augilar, President and Chief Executive Officer,
Texas Central High Speed Rail; Mr. William J. Flynn, Chief
Executive Officer, National Railroad Passenger Corporation
(Amtrak); Mr. Josh Giegel, Chief Executive Officer and Co-
Founder, Virgin Hyperloop; Mr. Andres De Leon, Chief Executive
Officer, Hyperloop Transportation Technologies; Mr. Michael
Reininger, Chief Executive Officer, Brightline Trains; and Mr.
Wayne L. Rogers, Chairman and Chief Executive Officer, The
Northeast Maglev, LLC. This hearing examined the opportunities
and limitations associated with high-speed rail and emerging
technologies, including regulatory oversight; technology
readiness; project cost; and available federal resources.
Legislative History and Consideration
H.R. 3684 was introduced in the House on June 4, 2021, by
Mr.DeFazio, Ms. Norton, and Mr.Payne and referred to the
Committee on Transportation and Infrastructure. Within the
Committee, H.R. 3684 was referred to the Subcommittee on
Highways and Transit and the Subcommittee on Railroads,
Pipelines, and Hazardous Materials.
The Chair discharged the Subcommittee on Highways and
Transit and the Subcommittee on Railroads, Pipelines, and
Hazardous Materials from further consideration of H.R. 3684 on
June 9, 2021.
The Committee considered H.R. 3684 on June 9 and 10, 2021,
and ordered the measure to be reported to the House with a
favorable recommendation, amended, by a record vote of 38 yeas
and 26 nays (Roll Call Vote No. 38).
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by
Mr.DeFazio (#1); was AGREED TO, as amended, by voice vote.
A manger's amendment to the Amendment in the Nature of a
Substitute offered by Mr.DeFazio (#1A); was AGREED TO by voice
vote.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Crawford (#1B); was NOT AGREED TO by a record
vote of 29 yeas and 38 nays (Roll Call Vote No. 23).
Page 293, line 5, insert ``and'' after the semicolon.
Page 293, line 13, insert ``and'' after the semicolon.
Page 295, line 1, strike the semicolon at the end and
insert a period.
Page 295, strike line 2 and all that follows through
page 297, line 7.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Garamendi (#1C); was AGREED TO by voice vote.
In section 1205(a)(3) of division B of the bill,
redesignate subparagraphs (B), (C), (D), and (E) as
subparagraphs (C), (D), (E), and (F).
In section 1205(a)(3) of division B of the bill, insert
after subparagraph (A) the following: (B) in paragraph (1)(B)
by inserting ``, except that for the purposes of this section
hovercraft and terminal facilities for hovercraft engaging in
water transit for passengers or vehicles shall also be
considered as ferry boats and ferry terminal facilities
eligible under section 129(c)'' after ``section 129(c)''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Gibbs (191) (#1D); was NOT AGREED TO by a record
vote of 32 yeas and 36 nays (Roll Call Vote No. 24).
Page 703, line 6, insert ``and'' at the end.
Page 703, strike lines 7 through 11 (and redesignate
accordingly).
Page 735, after line 5, add a new section entitled
``Sec. _. Federal-Aid Highway Funding.''
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Titus (#1E); was WITHDRAWN.
In section 9102(a) of the bill, in the matter proposed
to be inserted as section 22906(b)(1)(F) of title 49, United
States Code, strike ``or'' at the end.
In section 9102(a) of the bill, in the matter proposed
to be inserted as section 22906(b)(1) of title 49, United
States Code, strike the period at the end of subparagraph (G)
and insert ``; or''.
In section 9102(a) of the bill, in the matter proposed
to be inserted as section 22906(b)(1) of title 49, United
States Code, add at the end the following:
``(H) any other intercity passenger rail carrier in
partnership with at least 1 of the entities described in
subparagraphs (A) through (E).''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Perry (#1F); was NOT AGREED TO by a record vote
of 28 yeas and 40 nays (Roll Call Vote No. 25).
Page 687, line 10, strike ``$7,505,830,848'' and insert
``$7,783,275,845''.
Page 687, line, 11 strike ``$7,622,921,809'' and insert
``$7,900,366,806''.
Page 687, line 12, strike ``$7,744,888,558'' and insert
``$8,022,333,555''.
Page 687, line 13, strike ``$7,866,483,309'' and insert
``$8,143,928,306''.
Page 693, line 4, strike ``$587,133,905'' and insert
``$309,688,908''.
Page 693, line 6, strike ``5340'' and insert
``5340(c)''.
Page 693, line 8, strike ``, of which'' and all that
follows through ``5340(d).'' and insert a period.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Brownley (#1G); was WITHDRAWN.
In section 1204(a), after paragraph (4) insert the
following (and redesignate accordingly): (5) in subsection
(f)(3) by striking ``90 percent'' and inserting ``100
percent'';
In section 1204(a), after paragraph (8) (as so
redesignated) insert the following (and redesignate
accordingly): (9) in subsection (i)(3)(B) by striking
``$7,500'' and inserting ``$100,000''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Davis of Illinois (#1H); was NOT AGREED TO by a
record vote of 33 yeas and 35 nays (Roll Call Vote No. 26).
Page 686, after line 6, insert new sections entitled
``Sec. 1635. Environmental Reviews for Major Projects.'' and
``Sec. 1636. Efficient Environmental Reviews.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Lynch (#1I); was NOT AGREED TO by voice vote.
Page 183, line 1, strike ``$120,000,000'' and insert
``$160,000,000''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Babin (#1J); was AGREED TO by a record vote of 37
yeas and 31 nays (Roll Call Vote No. 27).
Page 777, after line 25, insert before the closing
quotation mark: a new clause entitled ``(t) Requirement for
Transit Agencies.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Carbajal (#1K); was WITHDRAWN.
At the end of subtitle F of title I of division B of
the bill, insert a new section entitled ``Sec._. Pollinator-
Friendly Practices on Roadsides and Highway Rights-of-Way.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Katko (#1L); was WITHDRAWN.
Strike title I of division B of the bill, and insert a
new title entitled ``Title I--Federal-Aid Highways.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Brown of Maryland (#1M) was WITHDRAWN.
Page 569, after line 19, insert a new subsection
entitled ``(A) In General.''
Page 571, line 25, strike the closing quotation marks
and the period.
Page 571, after line 25, insert a new subsection
entitled ``(G) Authorization of Appropriations.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Graves of Louisiana (#1N); was NOT AGREED TO by a
record vote of 30 yeas and 38 nays (Roll Call Vote No. 28).
At the appropriate place in the bill, insert a new
section entitled ``Sec._. Certification.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Lamb (#1O); was AGREED TO by voice vote.
In section 9101(m) of the bill, in the matter proposed
to be inserted in section 20117(b) of title 49, United States
Code, strike paragraph (3) and insert a new section entitled
``(3) University Rail Climate Innovation Institute.''
Strike section 9603 of the bill and insert a new
section entitled ``Sec. 9603. University Rail Climate
Innovation Institute.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Bost (#1P); was NOT AGREED TO by a record vote of
30 yeas and 38 nays (Roll Call Vote No. 29).
Strike section 4408 of the bill.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Auchincloss (#1Q); was WITHDRAWN.
At the end of subtitle B of title II of division B of
the bill, add a new section entitled ``Sec. 2206. New Municipal
Transit Services to Better Connect Communities.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.LaMalfa(#1R); was NOT AGREED TO by a record vote
of 30 yeas and 38 nays (Roll Call Vote No. 30).
At the appropriate place in the bill, add a new section
entitled ``Sec. _. Diversion of Federal Financial Assistance
for High-Speed Rail Development Project.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Carter of Louisiana (#1S); was WITHDRAWN.
Page 686, after line 6, add a new section entitled
``Sec. 16_. Prohibition Against Transporting Certain Horses
Across a State or Federal Border.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Westerman (#1T); was NOT AGREED TO by a record
vote of 31 yeas and 37 nays (Roll Call Vote No. 31).
Page 573, after line 9, add a new subsection entitled
`` (c) Restriction of Federal Lands Transportation Program
Funds.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Fitzpatrick (#1U); was WITHDRAWN.
At the end of title II of division D, add a new section
entitled ``Sec. _. Limitation of Rail Passenger Transportation
Liability.''
An amendment to the Amendment in the Nature of a Substitute
offered by Miss Gonzalez-Colon (#1V); was NOT AGREED TO by
voice vote.
In section 2104(b) of the bill, in the matter proposed
to be inserted into section 5340(a) of title 49, United States
Code, insert ``, Puerto Rico,'' before ``and the District of
Columbia''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Balderson (#1W); was WITHDRAWN.
Page 951, after line 2, insert a new section entitled
``Sec. 3016. Drug-Impaired Driving Education Grant Program.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Stauber (#1X); was AGREED TO, as amended, by
voice vote.
Page 276, line 3, strike ``and'' at the end.
Page 276, after line 3, insert the following (and
redesignate accordingly): (D) by inserting ``copper, nickel,
cobalt, platinum group elements, rare earth elements, or other
minerals extracted from within the United States and insular
territories,'' after ``iron,''; and
Page 390, line 5, strike the closing quotation mark and
period at the end.
Page 390, after line 5, add a new subsection entitled
``(f) Certification.''
Page 453, line 6, strike the closing quotation mark and
period at the end.
Page 453, after line 6, add a new paragraph entitled
``(11) Certification.''
Page 801, line 5, strike ``and'' at the end.
Page 801, line 10, strike the period and closing
quotation mark and insert ``; and''.
Page 801, after line 10, insert the following: ``(D)
for which the recipient has certified that at least 51 percent
of critical mineral and rare earth content in the buses were
either domestically sourced or domestically sourced jointly
with countries that have a mutual defense alliance with the
United States.''.
Page 802, line 4, strike the closing quotation mark and
period at the end.
Page 802, after line 4, add a new paragraph entitled
``(10) Certification.''
Page 1129, after line 12, add a new section entitled
``Sec. _. Task Force to Promote American Vehicle
Competitiveness.''
Page 1149, after line 11, add a new section entitled
``Sec. _. Certification on Ensuring No Human Rights Abuses.''
An amendment to the amendment (#1X) to the Amendment in the
Nature of a Substitute offered by Mr.DeFazio (#1X1); was AGREED
TO by a record vote of 38 yeas and 30 nays (Roll Call Vote No.
32).
Strike everything except page 3, line 12 through page
6, line 18.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Burchett (#1Y); was WITHDRAWN.
At the end of subtitle F of title I of division B,
insert a new section entitled ``Sec._. Rights and Remedies of
Persons Injured by Carriers or Brokers.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Johnson of South Dakota (#1Z) was NOT AGREED TO
by voice vote.
Strike section 4406 of the bill;
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Guest (#1AA); was WITHDRAWN.
Page 668, after line 14, insert a new subsection
entitled ``(d) Vehicle Weight Limitations-Interstate System.''
Page 669, line 7, strike ``(v)'' and insert ``(w)''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Nehls (#1BB); was NOT AGREED TO by a record vote
of 31 yeas and 37 nays (Roll Call Vote No. 33).
Page 902, line 25, strike ``and''.
Page 903, line 2, strike the period at the end and
insert ``; and''.
Page 903, after line 2, add the following: (3) may not
be used by a State or local government for traffic control or
traffic enforcement if such State or local government has
defunded the police.
Page 904, after line 8, add a new subsection entitled
``(g) Definition.''
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Malliotakis (#1CC); and; was WITHDRAWN.
Page 267, strike line 14 and all that follows through
page 268, line 13 and insert the following: (i) in subparagraph
(A) by striking clause (v) and inserting the following: ``(v)
if the public authority certifies annually that the tolled
facility is being adequately maintained, a toll rebate toward a
congestion pricing fee for individuals residing on either side
of a tolled bridge required to pay a toll to connect to the
central business district in the city in which the vehicle of
the individual is registered.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Gimenez (#1DD); was NOT AGREED TO by voice vote.
Page 874, strike lines 8 through 14 and insert the
following: (A) in paragraph 7 by striking ``for which'' and all
that follows through the period at the end and inserting ``for
which the total estimated net capital cost is less than
$1,000,000,000.''.
Page 874, after line 20, insert the following: (3) in
subsection (c) by adding at the end the following: ``(5)
Federal Share for Certain Small Start Projects.-Notwithstanding
any other provision of law, the Federal share for a small start
project for which the total cost is $400,000,000 or less shall
not exceed 80 percent.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Ms. Van Duyne (#1EE); was NOT AGREED TO by voice
vote.
Page 686, after line 6, insert a new section entitled
``Sec. 1635. HOV Facility Review.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Garamendi (#1FF); was NOT AGREED TO by voice
vote.
In section 9209 of division D of the bill, in the
matter proposed to be inserted as section 24712, at the end of
paragraph (7) of subsection (a), add at the end a new
subsection entitled ``(D) Annual Review.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Crawford (#1GG); was NOT AGREED TO by voice vote.
Strike section 9204 (Amtrak Preference Enforcement).
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Lynch (#1HH); was WITHDRAWN.
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Electric or
Zero-Emission Vehicles for United States Postal Service
Fleet.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Gibbs (#1II); was WITHDRAWN.
Page 785, line 22, strike ``and''.
Page 785, line 25, strike the first period and all that
follows through the second period and insert ``; and''.
Page 785, after line 25, insert the following: ``(3)
designate Transportation Research Center, Incorporated as the
autonomous and advanced driver-assistance systems test
development facility for all bus testing with autonomous or
advanced driver-assistance systems technology and
Transportation Research Center, Incorporated will also serve as
the over-flow new model bus testing facility to Altoona.''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Perry (#1JJ); was NOT AGREED TO by a record vote
of 12 yeas and 50 nays (Roll Call Vote No. 34).
In section 101 of the bill, strike paragraphs (3) and
(4) (and redesignate accordingly).
Strike section 103 of the bill.
Strike section 107 of the bill.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Rodney Davis of Illinois (#1KK); was
WITHDRAWN. Consisting of the following amendments:
An amendment:
Page 443, line 7, insert ``, natural gas fueling
infrastructure, and propane fueling infrastructure'' after
``infrastructure''.
Page 443, line 9, insert ``, natural gas, and propane''
after ``electric''.
Page 444, line 21, insert ``, natural gas fueling
infrastructure, and propane fueling infrastructure'' after
``infrastructure''.
Page 445, line 5, insert ``, natural gas, and propane''
after ``hydrogen''.
Page 445, line 13, insert ``, natural gas, and
propane'' before ``fueling''.
Page 445, line 18, insert ``, natural gas fueling
infrastructure, and propane fueling infrastructure'' after
``infrastructure''.
Page 447, line 17, insert ``, natural gas, or propane''
after ``hydrogen''.
Page 448, line 21, insert ``natural gas or propane''
after ``grid or''.
Page 449, line 11, insert ``renewable fuel production
for use in natural gas and propane fueling,'' after
``storage,''.
Page 449, line 16, insert ``, natural gas fueling
infrastructure, or propane fueling infrastructure'' after
``infrastructure''.
Page 449, beginning on line 20, insert ``, natural gas
fueling infrastructure, or propane fueling infrastructure''
after ``infrastructure''.
Page 449, line 24, insert ``, natural gas fueling
infrastructure, or propane fueling infrastructure'' after
``infrastructure''.
Page 450, line 6, insert ``, natural gas fueling
infrastructure, or propane fueling infrastructure'' after
``infrastructure''.
Page 450, line 20, insert ``, natural gas, or propane''
after ``hydrogen''.
Page 451, line 17, insert ``, natural gas fueling
infrastructure, and propane fueling infrastructure'' after
``infrastructure''.
Page 451, beginning on line 19, insert ``, natural gas
fueling infrastructure, and propane fueling infrastructure''
after ``infrastructure''.
Page 452, line 4, insert ``or natural gas or propane
fueling'' after ``charging''.
An amendment:
Page 414, after line 12, insert a new section entitled
``Sec. 1220. Ferry Boats and Ferry Terminal Facilities.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Graves of Louisiana (#1LL); was AGREED
TO by voice vote.
Consisting of the following amendments:
An amendment: Page 474, strike line 1 and insert a new
subsection entitled ``(c) Eligibility.''
Page 474, line 2, strike ``that is'' and insert ``that
serves an eligible area and that is--''.
Page 474, strike lines 3 through 5.
Page 474, line 6, redesignate paragraph (1) as
subparagraph (A).
Page 474, line 7, redesignate paragraph (2) as
subparagrpah (B).
Page 474, line 9, redesignate paragraph (3) as
subparagraph (C).
Page 474, line 10, strike ``paragraphs (1) and (2)''
and inserting ``subparagraphs (A) and (B)''.
Page 474, line 11, redesignate paragraph (4) as
subparagraph (D).
Page 474, line 14, redesignate paragraph (5) as
subparagraph (E).
Page 474, beginning on line 15, strike ``paragraph (1),
(2), or (3)'' and insert ``subparagraph (A), (B), or (C)''.
Page 474, after line 16, insert a new subsection
entitled ``(2) Eligible Area.''
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. GAO Study on
Nature-Based Solutions for Coastal Highway Resilience.''
An amendment:
Page 660, strike lines 1 through 11 and insert a new
subsection entitled ``(b) Study.''
An amendment:
Page 658, line 11, insert ``retrofit,'' after
``maintenance,''.
Page 658, strike lines 18 through 20 and insert the
following (and redesignate subsequent clauses accordingly):
(i) withstand the effects of hydrostatic and
hydrodynamic forces on viability, including recommendations
regarding appropriate drainage structures or other flood
prevention mechanisms to manage stormwater, runoff, and the
effect of storm surge;
(ii) withstand the risks that flammability poses to
viability;
An amendment:
Page 668, line 17, strike ``The Administrator'' and
insert a new subsection entitled ``(a) Guidance.''
Page 668, line 22, strike ``issue'' and insert ``revise
or issue new guidance''.
Page 669, after line 3, insert a new subsection
entitled ``(b) Considerations.''.
An amendment to the Amendment in the Nature of a Substitute
offered by M. Bost (#1MM); was WITHDRAWN.
Page 987, strike lines 6 through 14 (and redesignate
accordingly).
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Westerman(#1NN); was NOT AGREED TO by voice vote.
Page 416, after line 15, insert a new subsection
entitled ``(d) Small Projects.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Balderson (#1OO); was WITHDRAWN.
Page 1000, after line 8, insert a new section entitled
``Sec. 4312. Apprenticeship Program for Commercial Drivers
Under the Age of 21.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Stauber (#1PP); was NOT AGREED TO by voice vote.
In section 2301 of the bill, in the matter proposed to
be inserted as section 5320(d)(5), insert ``and that minerals
within such battery are sourced domestically'' before the
period at the end.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Burchett (#1QQ); was WITHDRAWN.
Page 686, after line 6, insert a new section entitled
``Sec. 1635. Assessing Safety Hardware.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Guest (#1RR); was WITHDRAWN.
At the end of subtitle C of title IV of the bill, add a
new section entitled ``Sec. _. Transportation of Agricultural
Commodities and Farm Supplies.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Nehls (#1SS); was WITHDRAWN.
Strike section 8202 of the bill and insert a new
section entitled ``Sec. 8202. Transportation of Liquefied
Natural Gas by Rail.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Ms. Van Duyne (#1TT); was NOT AGREED TO
by voice vote. Consisting of the following amendments:
An amendment: Page 220, line 15, strike ``95 percent''
and insert ``100 percent''.
An amendment: Page 686, after line 6, insert a new
section entitled ``Sec. 1635. Use of Census Data.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Garamendi (#1UU); was NOT AGREED TO by voice
vote.
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec._. Requiring
Construction Inspection Services for Certain Highway Contracts
to be Performed by Public Employees.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Gibbs (#1VV); was WITHDRAWN.
Page 686, after line 6, insert a new section entitled
``Sec. 1635. Compliance, Safety, and Accountability Reform.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Lynch (#1WW); was WITHDRAWN.
Page 367, after the matter following line 22, insert a
new subsection entitled ``(c) Northern Avenue Bridge.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Graves of Louisiana (#1XX); was WITHDRAWN.
Page 686, line 16, strike ``and inserting `;or';'' and
insert ``and inserting a semicolon''.
Page 686, line 20, strike ``tourism.'' and insert
``tourism; or''.
Page 686, after line 6, insert new sections entitled
``Sec. 1635. Highway Safety Discretionary Grant Program for
Automated Vehicle Infrastructure.'' and ``Sec. 1637.
Eligibility Under Additional Programs.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Westerman (#1YY); was WITHDRAWN.
Consisting of the following amendments:
An amendment: Page 183, line 21, strike
``$400,000,000'' and insert ``$300,000,000''.
Page 184, line 4, strike ``$50,000,000'' and insert
``$120,000,000''.
Page 184, line 8, strike ``$16,000,000'' and insert
``$25,000,000''.
Page 184, line 11, strike ``$16,000,000'' and insert
``$25,000,000''.
Page 184, line 15, strike ``$16,000,000'' and inert
``$25,000,000''.
Page 184, line 21, strike ``$7,000,000'' and insert
``$10,000,000''.
An amendment:
Page 573, after line 9, add a new subsection entitled
``(c) Restriction of Federal Lands Transportation Program
Funds.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Stauber (#1ZZ); was NOT AGREED TO by voice vote.
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Penalty for
Causing Defect or Damage in Infrastructure Under
Construction.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Burchett (#1AAA); was WITHDRAWN.
Consisting of the following amendments:
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Research and
Evaluation of Recycled Plastic Modified Asphalt.''
An amendment:
Page 290, after line 20, insert a new subsection
entitled ``(c) Prohibition.''
An amendment:
Page 918, line 7, strike ``and'' the first place it
appears.
Page 951, after line 2, add a new section entitled
``Sec. _. Occupant Protection Grants.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Johnson of South Dakota (#1BBB);; was WITHDRAWN.
At the end of title I of division B of the bill, add
the following new sections entitled ``Sec. _. Tribal
Transportation Program.''; `` Sec. _. Transportation Facility
Eligibility.''; ``Sec. _. Tribal Highway Safety
Partnerships.''; Sec. _. Nationally Significant Federal Lands
and Tribal Projects Program.''; and ``Sec. _. Tribal
Transportation Advisory Committee.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Guest (#1CCC); was WITHDRAWN.
Page 336, beginning on line 4, strike ``clauses (ii)
and (iii)'' and insert ``clause (ii)''.
Page 336, strike lines 6 through 13.
Page 336, after line 5, insert the following: ``(ii) in
areas of the State other than urban areas with a population
less than 200,000; and''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Gimenez (#1DDD); was AGREED TO without objection.
Page 686, after line 6, insert a new section entitled
``Sec. 1635. Prohibition on the Use of Civil Penalties for
Campaign Finance.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Lynch (#1EEE); was WITHDRAWN.
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Federal
Requirements for TIFIA Eligibility and Project Selection.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Graves of Louisiana (#1FFF); was
WITHDRAWN. Consisting of the following amendments:
An amendment:
At the end of subtitle E of title V of division B of
the bill, add a new section entitled ``Sec. _. Transportation
Resilience and Adaptation Centers of Excellence.''
An amendment:
At the end of subtitle F of title I of division B of
the bill, add the following: ``Sec. _. Effect of Weather
Extremes on Lifecycle Cost Analysis.''
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Promoting
Resilient Operations for Transformative, Efficient, and Cost-
Saving Transportation (PROTECT) Grant Program.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Stauber (#1GGG); was NOT AGREED TO by
voice vote. Consisting of the following amendments:
An amendment:
In section 1303 of division B of the bill, add at the
end a new subsection entitled ``(c) Effective Date.''
An amendment:
In section 1303 of division B of the bill, add at the
end a new subsection entitled ``(c) Effective Date.''; was NOT
AGREED TO by voice vote.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Guest (#1HHH); was WITHDRAWN.
Consisting of the following amendments:
An amendment:
Page 337, strike line 23 and all that follows through
page 338, line 7 and insert the following ``(A) In General.-
States shall establish a program to improve the ability of
applicants of areas with a population of less than 15,000 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-''.
An amendment:
Page 1082, after line 4, insert a new section entitled
``Sec. 5204. Pavement Preservation Program.''
An amendment:
Page 1052, after line 8, insert the following (and
redesignate accordingly): ``(4) the United States Army Research
and Development Center;
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Westerman (#1III); was NOT AGREED TO by voice
vote.
Page 686, after line 6, insert a new section entitled
``Sec. 1635. Judicial Review.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Nehls (#1JJJ); was NOT AGREED TO by voice vote.
At the appropriate place in the bill, add a new section
entitled ``Sec. _. Grant to Promote Re-Entry Training Programs
and Reduce Recidivism.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Stauber (#1KKK); was AGREED TO by voice vote.
In section 1211, in the matter proposed to be added as
section 155 of title 23, United States Code, add at the end a
new subsection entitled ``(f) Wage Requirements.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Guest(#1LLL); was WITHDRAWN.
Strike section 1303 of the bill.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Stauber (#1MMM); was NOT AGREED TO by voice vote.
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. No Funds for
States that Have Banned the Sale of Vehicles with Internal
Combustion Engines.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Perry (#1NNN); was WITHDRAWN.
Strike section 9506 of the bill.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Garcia of Illinois (#1OOO); was
WITHDRAWN. Consisting of the following amendments:
An amendment:
At the end of subtitle A of title I of division B add a
new section entitled ``Sec. 112_. Updates to Manual on Uniform
Traffic Control Devices.''
An amendment:
Section 1602 of the bill is amended by inserting after
subsection (b) new subsections entitled ``(c) 85th
Percentile.'' and (D) Revision Guidance.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Babin (#1PPP); was WITHDRAWN.
Consisting of the following amendments:
An amendment:
In section 4405, strike subsection (b).
An amendment:
Strike section 9507 and insert a new section entitled
``Sec. 9507. Safe Cross Border Operations.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Crawford (#1QQQ); was WITHDRAWN.
Page 279, after line 9, add a new subsection entitled
``(5) Limitation.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Balderson (#1RRR); was WITHDRAWN.
Consisting of the following amendments:
An amendment:
Page 185, line 16, strike ``$3,000,000,000'' and insert
``$3,325,000,000''.
Page 186, line 6, strike ``$250,000,000'' and insert
``$575,000,000''.
Page 219, line 1, strike ``$1,000,000,000'' and insert
``$350,000,000''.
An amendment:
Page 219, line 1, strike ``$1,000,000,000'' and insert
``$900,000,000''.
Page 901, line 11, strike ``$384,119,000'' and insert
``$409,119,000''.
Page 901, line 12, strike ``$393,205,000'' and insert
``$418,205,000''.
Page 901, line 13, strike ``$402,205,000'' and insert
``$427,205,000''.
Page 901, line 14, strike ``$411,388,000'' and insert
``$436,388,000''.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Garcia of Illinois (#1SSS); was
WITHDRAWN. Consisting of the following amendments:
An amendment:
Page 686, after line 11, insert a new subsection
entitled ``(a) Findings.''
Page 686, strike line 14 and all that follows through
page 694, line 12 and insert new subsections entitled ``(a) In
General.''; ``(b) References in Law.''; and ``(c) Additional
Selection Criteria and Requirements.''
An amendment:
Page 400, line 15, strike the first period and all that
follows through the second period and insert a period.
Page 400, after line 15, insert a new subsections
entitled ``(j) Additional Selection Criteria and
Requirements.''; ``(K) Tribal Sovereignty.''; ``(L) Grant
Requirements.''; ``(M) Distribution of Grants.''; ``(N) Grant
Amount.''; ``(O) Federal Share.''; ``(P) Additional Funding.''
An amendment:
Page 763, after line 4, insert a new section entitled
``Sec. 2206. Transportation Electrification Program.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Crawford (#1TTT); was WITHDRAWN.
Page 364, line 2, insert ``, including continuous
electronic monitoring of bridge integrity'' before the
semicolon.
Page 485, line 18, insert ``electronically monitor,''
after ``rehabilitate,''.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Graves of Louisiana (#1UUU); was
WITHDRAWN. Consisting of the following amendments:
An amendment:
At the end of subtitle F of title I of division B, add
a new section entitled ``Sec. _. Prohibition on Staged
Collisions with Commercial Motor Vehicles.''
An amendment:
Page 900, beginning on line 19, strike ``For carrying
out'' and insert the following:(A) In General.-For carrying out
Page 900, line 22, redesignate subparagraph (A) as
clause (i).
Page 900, line 23, redesignate subparagraph (B) as
clause (ii).
Page 900, line 24, redesignate subparagraph (C) as
clause (iii).
Page 900, line 25, redesignate subparagraph (D) as
clause (iv).
Page 900, after line 25, insert a new paragraph
entitled ``(B) Limitation.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Garcia of Illinois (#1VVV); was AGREED TO by
voice vote.
At the end of title VI of division D of the bill, add a
new section entitled ``Sec. _. Freight Railroad Locomotive
Requirements.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Weber of Texas (#1WWW); was WITHDRAWN.
Page 686, after line 6, insert a new section entitled
``Sec. 1635. Automobile Transporter Productivity.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Perry (#1XXX); was NOT AGREED TO by a record vote
of 14 yeas and 46 nays (Roll Call Vote No. 35).
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. 16_. Labor
Standards Repeal.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.LaMalfa (#1YYY); was NOT AGREED TO by
voice vote. Consisting of the following amendments:
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Program for
Eliminating Duplication of Environmental Reviews.''
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Exclusion from
NEPA Requirements.''
An amendment:
Page 1204, line 4, strike the closing quotation mark
and the period.
Page 1204, after line 4, insert a new subsection
entitled ``(j) Additional Requirements.''
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Graves of Louisiana (#1ZZZ); was NOT
AGREED TO by voice vote. Consisting of the following
amendments:
An amendment:
Page 454, beginning on line 17, strike ``The
Secretary'' and all that follows through ``and-'' and insert a
new subdivision entitled ``(1) In General.''
Page 454, line 21, redesignate paragraph (1) as
subparagraph (A).
Page 455, line 1, redesignate paragraph (2) as
subparagraph (B).
Page 455, after line 5, subdivision entitled ``(2)
Exception.''
Page 455, line 22, insert ``percentage'' before
``reductions''.
An amendment:
Page 398, after line 15, insert the following: State
shall not be eligible to be designated as a High-Performing
State if the transportation policies that resulted in the
reduction of emissions had a disproportionate negative economic
impact on low income and minority communities.
An amendment:
Page 398, after line 15, insert the following: State
shall not be eligible to be designated as a high-performing
State if there exists 2 or more instances of nonattainment
designation with the classification of `extreme' under the
national ambient air quality standards under the Clean Air Act
(42 U.S.C. 7401 et seq.).
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.LaMalfa (#1AAAA); was WITHDRAWN.
Page 916, line 2, strike ``51.75 percent'' and insert
``47.5 percent''.
Page 916, strike lines 3 through 4 and insert the
following: (D) by striking paragraph (4) and inserting the
following: ``(4) Distracted Driving.-In each fiscal year, 13.5
percent of the funds provided under this section shall be
allocated among States that adopt and implement effective laws
to reduce drowsy driving and distracted driving (as described
in subsection (e)).''.
Page 910, strike lines 9 through 10 and insert the
following: (1) in subsection (b) --
(A) by inserting ``, training'' after ``demonstration
projects''; and
(B) in paragraph (1)(B)--
(i) in clause (ii) by striking ``and'' at the end;
(ii) in clause (iii) by adding ``and'' at the end;
and
(iii) by adding at the end the following: ``(iv)
drowsy driving;''.
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Graves of Louisiana (#1BBBB); was NOT AGREED TO
by voice vote.
At the end of subtitle F of title I of division B, add
a new section entitled ``Sec. _. National Environmental Policy
Act of 1969.''
An amendment to the Amendment in the Nature of a Substitute
offered by Mr.Graves of Louisiana (#1CCCC); was NOT AGREED TO
by voice vote.
Page 180, before line 1, insert the following: (d)
Alignment Determination.-- Notwithstanding any other provision
of law, For the member designated project numbered 596 and 597
in the table in subsection (c), the non-Federal sponsor shall
determine an alignment for the bridge project not later than 1
year after the date of enactment of this Act.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Perry (#1DDDD); was NOT AGREED TO by a
record vote of 19 yeas and 45 nays (Roll Call Vote No. 36).
Consisting of the following amendments:
An amendment:
Strike section 2403 of the bill.
An amendment:
Strike subtitle G of title II of division B of the
bill.
An amendment:
Strike section 2913 of the bill.
An amendment:
Strike section 2915 of the bill.
An amendment:
Page 686, after line 6, insert a new section entitled
``Sec. 1635. Repeal of Transfer.''
An amendment:
Strike section 2202 of the bill.
An amendment:
Strike section 2106 of the bill.
An amendment:
Strike section 2109 of the bill.
An amendment:
Strike section 2110 of the bill.
An amendment:
Strike section 2112 of the bill.
An amendment:
Strike section 2504 of the bill.
An amendment:
Strike section 2505 of the bill.
An amendment:
Strike section 2601 of the bill.
An amendment:
Page 702, line 12, insert ``or'' at the end.
Page 702, line 15, strike ``; or'' and insert a period.
Page 702, strike lines 16 through 25.
An amendment:
Strike section 2405 of the bill.
An amendment:
Strike section 1208 of the bill.
An amendment:
At the end of title II of division D of the bill, add a
new section entitled ``Sec. _. Prohibition on Use of Funds for
Amtrak Network.''
An amendment:
Strike section 9221 of the bill.
An amendment:
Strike section 9203 of the bill.
An amendment:
At the end of title VII of division B of the bill, add
a new section entitled ``Sec. 7_. Prohibition on Use of TIFIA
Funds for Certain Projects.''
An amendment:
Strike section 9220 of the bill.
An amendment:
Strike section 9219 of the bill.
An amendment:
Strike section 9212 of the bill.
An amendment:
Strike section 9211 of the bill.
An amendment:
Strike section 9206 of the bill.
An amendment:
Strike section 9105 of the bill.
An en bloc amendment to the Amendment in the Nature of a
Substitute offered by Mr.Perry (#1EEEE); was NOT AGREED TO by a
record vote of 12 yeas and 52 nays (Roll Call Vote No. 37).
Consisting of the following amendments:
An amendment:
Page 1178, beginning on line 1, strike ``the
following'' and all that follows through ``fiscal year 2026,
$2,900,000,000.'' and insert ``for Fiscal Year 2022,
$2,500,000,000.''.
Page 1178, beginning on line 11, strike ``the following
amounts:'' and all that follows through ``fiscal year 2026,
$3,900,000,000'' and insert ``for Fiscal Year 2022,
$3,500,000,000.''.
An amendment:
Strike section 102(a)(2)(A)(ii)(II) of the bill and
redesignate subclause clause (I) of section 102(a)(2)(A)(ii) as
clause (ii) of section 102(a)(2)(A).
An amendment:
Strike section 2101 of the bill (and redesignate
subsequent sections accordingly).
An amendment:
Strike section 1303 of the bill.
An amendment:
At the end of title III of division D of the bill, add
a new section entitled ``Sec. _. Restriction on Provision of
Loan or Loan Guarantee for Certain High-Speed Rail Projects.''
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Prohibitions on
Construction Contracts.''
An amendment:
At the end of subtitle A of title I of division B of
the bill, add new sections entitled ``Sec. 1120. Prohibition on
Construction Contracts.''; ``Sec. 1121. Construction Contract
Prohibitions.''
An amendment:
Strike section 4308 of the bill.
An amendment:
Strike section 4311 of the bill.
An amendment:
Strike section 4404 of the bill.
An amendment:
At the end of title VII of division B of the bill, add
a new section entitled ``Sec. 7_. Prohibition on Use of TIFIA
Funds for Electric Vehicles and Electric Vehicle
Infrastructure.''
An amendment:
Strike section 9104 of the bill and insert a new
section entitled ``Sec. 9104. Railroad Rehabilitation and
Improvement Financing.''
An amendment:
In section 7001(c) of the bill, strike the matter
proposed to be inserted as section 603(b) of title 23, United
States Code, and insert a new subdivision entitled ``(8) Non-
Federal Share.''
An amendment:
Strike subtitle D of title V of division B of the bill.
An amendment:
Strike title VI of division B of the bill.
An amendment:
Strike section 9603 of the bill.
An amendment:
Strike section 9602 of the bill.
An amendment:
Page 702, line 12, insert ``or'' at the end.
Page 702, line 15, strike ``; or'' and insert a period.
Page 702, strike lines 16 through 25.
An amendment:
Strike section 9304 of the bill.
An amendment:
Strike section 9306 of the bill.
An amendment:
Strike section 9104 of the bill.
An amendment:
Strike section 9102 of the bill.
An amendment:
Strike section 5302 of the bill.
An amendment:
Strike section 5202 of the bill.
An amendment:
Strike section 5111 of the bill.
An amendment:
Strike section 5102 of the bill.
An amendment:
Strike section 3010 of the bill.
An amendment:
Strike section 1108 of the bill.
An amendment:
Strike section 1109 of the bill.
An amendment:
Strike section 1118 of the bill.
An amendment:
Strike section 1119 of the bill.
An amendment:
Strike section 1211 of the bill.
An amendment:
Strike section 1214 of the bill.
An amendment:
Strike section 1304 of the bill.
An amendment:
Strike section 1216 of the bill.
An amendment:
Strike section 1311 of the bill.
An amendment:
Strike section 1619 of the bill.
An amendment:
Strike section 1312 of the bill.
An amendment:
At the end of subtitle F of title I of division B of
the bill, add a new section entitled ``Sec. _. Labor
Standards.''
An amendment:
Beginning on page 14, strike line 22 and all that
follows through page 15, line 3.
Page 693, strike lines 15-19 (and redesignate any
subsequent subsections accordingly).
Beginning on page 874, strike line 2 and all that
follows through page 886, line 17 (and redesignate any
subsequent sections accordingly).
An amendment:
Page 214, line 5, strike ``and (10)'' and insert ``and
(9)''.
Page 214, line 9, strike ``and (10)'' and insert ``and
(9)''.
Page 214, line 14, strike ``and (10)'' and insert ``and
(9)''.
Page 215, line 24, strike ``(10)'' and insert ``(9)''.
Page 218, line 13, strike ``and (10)'' and insert ``and
(9)''.
Page 218, strike lines 14 through 18 (and redesignate
accordingly).
Page 395, strike line 1 and all that follows through
page 400, line 24 (and redesignate accordingly).
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against.
Committee on Transportation and Infrastructure Roll Call Vote
No. 23
On: Agreeing to Amendment #1B offered by Mr. Crawford
Not Agreed to: 29 yeas and 38 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. .....
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 24
On: Agreeing to Amendment #1D offered by Mr. Gibbs
Not Agreed to: 32 yeas and 36 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Yea
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Yea Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 25
On: Agreeing to Amendment #1F offered by Perry
Not Agreed to: 28 yeas and 40 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Nay
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Nay
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 26
On: Agreeing to Amendment #1H offered by Mr. Rodney Davis of IL
Not Agreed to: 33 yeas and 35 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Yea Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Yea
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Yea Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 27
On: Agreeing to Amendment #1J offered by Mr. Babin
Agreed to: 37 yeas and 31 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Yea Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Yea Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Yea
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Yea Mr. Nehls.............. Yea
Mr. Pappas...................... Yea Ms. Mace............... Yea
Mr. Lamb........................ Yea Ms. Malliotakis........ Yea
Mr. Moulton..................... Yea Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 28
On: Agreeing to Amendment #1N offered by Mr. Graves of LA
Not Agreed to: 30 yeas and 38 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 29
On: Agreeing to Amendment #1P offered by Mr. Bost
Not Agreed to: 30 yeas and 38 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 30
On: Agreeing to Amendment #1R offered by Mr. LaMalfa
Not Agreed to: 30 yeas and 38 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 31
On: Agreeing to Amendment #1T offered by Mr. Westerman
Not Agreed to: 31 yeas and 37 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Yea
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 32
On: Agreeing to Amendment #1X1 offered by Mr. DeFazio
Not Agreed to: 38 yeas and 30 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Yea--- Mr. Graves of MO,-------- Nay-
Ranking Member.
Ms. Norton...................... Yea Mr. Young.............. .....
Ms. Johnson of TX............... Yea Mr. Crawford........... Nay
Mr. Larsen of WA................ Yea Mr. Gibbs.............. Nay
Mrs. Napolitano................. Yea Mr. Webster............ Nay
Mr. Cohen....................... Yea Mr. Massie............. Nay
Mr. Sires....................... Yea Mr. Perry.............. Nay
Mr. Garamendi................... Yea Mr. Rodney Davis of IL. Nay
Mr. Johnson of GA............... Yea Mr. Katko.............. Nay
Mr. Carson...................... Yea Mr. Babin.............. Nay
Ms. Titus....................... Yea Mr. Graves of LA....... Nay
Mr. Maloney of NY............... Yea Mr. Rouzer............. Nay
Mr. Huffman..................... Yea Mr. Bost............... Nay
Ms. Brownley.................... Yea Mr. Weber of TX........ Nay
Ms. Wilson of FL................ Yea Mr. LaMalfa............ Nay
Mr. Payne....................... Yea Mr. Westerman.......... Nay
Mr. Lowenthal................... Yea Mr. Mast............... Nay
Mr. DeSaulnier.................. Yea Mr. Gallagher.......... Nay
Mr. Lynch....................... Yea Mr. Fitzpatrick........ Yea
Mr. Carbajal.................... Yea Miss Gonzalez-Colon.... Nay
Mr. Brown....................... Yea Mr. Balderson.......... Nay
Mr. Malinowski.................. Yea Mr. Stauber............ Nay
Mr. Stanton..................... Yea Mr. Burchett........... Nay
Mr. Allred...................... Yea Mr. Johnson of SD...... Nay
Ms. Davids of KS................ Yea Mr. Van Drew........... Nay
Mr. Garcia of IL................ Yea Mr. Guest.............. Nay
Mr. Delgado..................... Yea Mr. Nehls.............. Nay
Mr. Pappas...................... Yea Ms. Mace............... Nay
Mr. Lamb........................ Yea Ms. Malliotakis........ Nay
Mr. Moulton..................... Yea Ms. Van Duyne.......... Nay
Mr. Auchincloss................. Yea Mr. Gimenez............ Nay
Ms. Bourdeaux................... Yea Mrs. Steel............. Nay
Mr. Kahele...................... Yea
Ms. Strickland.................. Yea
Ms. Williams of GA.............. Yea
Ms. Newman...................... Yea
Mr. Carter...................... Yea
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 33
On: Agreeing to Amendment #1BB offered by Mr. Nehls
Not Agreed to: 31 yeas and 37 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. Yea
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Yea
Mr. Johnson of GA............... Nay Mr. Katko.............. Yea
Mr. Carson...................... Nay Mr. Babin.............. Yea
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Yea
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Yea
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Yea
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Yea
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ Yea
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Yea
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 34
On: Agreeing to Amendment #1JJ offered by Mr. Perry
Not Agreed to: 12 yeas and 50 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Nay-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Nay
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. .....
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Nay
Mr. Johnson of GA............... Nay Mr. Katko.............. Nay
Mr. Carson...................... Nay Mr. Babin.............. Nay
Ms. Titus....................... Nay Mr. Graves of LA....... Nay
Mr. Maloney of NY............... Nay Mr. Rouzer............. Nay
Mr. Huffman..................... Nay Mr. Bost............... Nay
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ Nay Mr. LaMalfa............ Nay
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Yea
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Nay
Mr. Brown....................... Nay Mr. Balderson.......... Nay
Mr. Malinowski.................. Nay Mr. Stauber............ Nay
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ ..... Mr. Van Drew........... Nay
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. .....
Mr. Pappas...................... ..... Ms. Mace............... .....
Mr. Lamb........................ Nay Ms. Malliotakis........ .....
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Nay
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 35
On: Agreeing to Amendment #1XXX offered by Mr. Perry
Not Agreed to: 14 yeas and 46 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Nay-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. .....
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Nay
Mr. Johnson of GA............... ..... Mr. Katko.............. Nay
Mr. Carson...................... Nay Mr. Babin.............. .....
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... .....
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ ..... Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Nay
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Nay
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Nay
Mr. Brown....................... Nay Mr. Balderson.......... Nay
Mr. Malinowski.................. Nay Mr. Stauber............ Nay
Mr. Stanton..................... Nay Mr. Burchett........... .....
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Nay
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... .....
Mr. Lamb........................ Nay Ms. Malliotakis........ .....
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Nay
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 36
On: Agreeing to Amendment #1DDDD offered by Mr. Perry
Not Agreed to: 19 yeas and 45 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Yea-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. .....
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Nay
Mr. Johnson of GA............... Nay Mr. Katko.............. Nay
Mr. Carson...................... Nay Mr. Babin.............. .....
Ms. Titus....................... Nay Mr. Graves of LA....... Yea
Mr. Maloney of NY............... Nay Mr. Rouzer............. Yea
Mr. Huffman..................... Nay Mr. Bost............... Nay
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ ..... Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Yea
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Nay
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Nay
Mr. Brown....................... Nay Mr. Balderson.......... Yea
Mr. Malinowski.................. Nay Mr. Stauber............ Nay
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Yea
Ms. Davids of KS................ Nay Mr. Van Drew........... Nay
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ .....
Mr. Moulton..................... Nay Ms. Van Duyne.......... Yea
Mr. Auchincloss................. Nay Mr. Gimenez............ Nay
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 37
On: Agreeing to Amendment #1EEEE offered by Mr. Perry
Not Agreed to: 12 yeas and 52 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Nay--- Mr. Graves of MO,-------- Nay-
Ranking Member.
Ms. Norton...................... Nay Mr. Young.............. .....
Ms. Johnson of TX............... Nay Mr. Crawford........... Yea
Mr. Larsen of WA................ Nay Mr. Gibbs.............. Yea
Mrs. Napolitano................. Nay Mr. Webster............ Yea
Mr. Cohen....................... Nay Mr. Massie............. .....
Mr. Sires....................... Nay Mr. Perry.............. Yea
Mr. Garamendi................... Nay Mr. Rodney Davis of IL. Nay
Mr. Johnson of GA............... Nay Mr. Katko.............. Nay
Mr. Carson...................... Nay Mr. Babin.............. .....
Ms. Titus....................... Nay Mr. Graves of LA....... Nay
Mr. Maloney of NY............... Nay Mr. Rouzer............. Nay
Mr. Huffman..................... Nay Mr. Bost............... Nay
Ms. Brownley.................... Nay Mr. Weber of TX........ Yea
Ms. Wilson of FL................ ..... Mr. LaMalfa............ Yea
Mr. Payne....................... Nay Mr. Westerman.......... Nay
Mr. Lowenthal................... Nay Mr. Mast............... Yea
Mr. DeSaulnier.................. Nay Mr. Gallagher.......... Nay
Mr. Lynch....................... Nay Mr. Fitzpatrick........ Nay
Mr. Carbajal.................... Nay Miss Gonzalez-Colon.... Nay
Mr. Brown....................... Nay Mr. Balderson.......... Nay
Mr. Malinowski.................. Nay Mr. Stauber............ Nay
Mr. Stanton..................... Nay Mr. Burchett........... Yea
Mr. Allred...................... Nay Mr. Johnson of SD...... Nay
Ms. Davids of KS................ Nay Mr. Van Drew........... Nay
Mr. Garcia of IL................ Nay Mr. Guest.............. Yea
Mr. Delgado..................... Nay Mr. Nehls.............. Yea
Mr. Pappas...................... Nay Ms. Mace............... Yea
Mr. Lamb........................ Nay Ms. Malliotakis........ .....
Mr. Moulton..................... Nay Ms. Van Duyne.......... Nay
Mr. Auchincloss................. Nay Mr. Gimenez............ Nay
Ms. Bourdeaux................... Nay Mrs. Steel............. Yea
Mr. Kahele...................... Nay
Ms. Strickland.................. Nay
Ms. Williams of GA.............. Nay
Ms. Newman...................... Nay
Mr. Carter...................... Nay
------------------------------------------------------------------------
Committee on Transportation and Infrastructure Roll Call Vote
No. 38
On: Ordering H.R. 3684 to be reported to the House, favorably, as amended
Agreed to: 38 yeas and 26 nays.
------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
------------------------------------------------------------------------
Mr. DeFazio, Chair..............-- Yea--- Mr. Graves of MO,-------- Nay-
Ranking Member.
Ms. Norton...................... Yea Mr. Young.............. .....
Ms. Johnson of TX............... Yea Mr. Crawford........... Nay
Mr. Larsen of WA................ Yea Mr. Gibbs.............. Nay
Mrs. Napolitano................. Yea Mr. Webster............ Nay
Mr. Cohen....................... Yea Mr. Massie............. .....
Mr. Sires....................... Yea Mr. Perry.............. Nay
Mr. Garamendi................... Yea Mr. Rodney Davis of IL. Nay
Mr. Johnson of GA............... Yea Mr. Katko.............. Nay
Mr. Carson...................... Yea Mr. Babin.............. .....
Ms. Titus....................... Yea Mr. Graves of LA....... Nay
Mr. Maloney of NY............... Yea Mr. Rouzer............. Nay
Mr. Huffman..................... Yea Mr. Bost............... Nay
Ms. Brownley.................... Yea Mr. Weber of TX........ Nay
Ms. Wilson of FL................ ..... Mr. LaMalfa............ Nay
Mr. Payne....................... Yea Mr. Westerman.......... Nay
Mr. Lowenthal................... Yea Mr. Mast............... Nay
Mr. DeSaulnier.................. Yea Mr. Gallagher.......... Nay
Mr. Lynch....................... Yea Mr. Fitzpatrick........ Yea
Mr. Carbajal.................... Yea Miss Gonzalez-Colon.... Yea
Mr. Brown....................... Yea Mr. Balderson.......... Nay
Mr. Malinowski.................. Yea Mr. Stauber............ Nay
Mr. Stanton..................... Yea Mr. Burchett........... Nay
Mr. Allred...................... Yea Mr. Johnson of SD...... Nay
Ms. Davids of KS................ Yea Mr. Van Drew........... Nay
Mr. Garcia of IL................ Yea Mr. Guest.............. Nay
Mr. Delgado..................... Yea Mr. Nehls.............. Nay
Mr. Pappas...................... Yea Ms. Mace............... Nay
Mr. Lamb........................ Yea Ms. Malliotakis........ .....
Mr. Moulton..................... Yea Ms. Van Duyne.......... Nay
Mr. Auchincloss................. Yea Mr. Gimenez............ Nay
Ms. Bourdeaux................... Yea Mrs. Steel............. Nay
Mr. Kahele...................... Yea
Ms. Strickland.................. Yea
Ms. Williams of GA.............. Yea
Ms. Newman...................... Yea
Mr. Carter...................... Yea
------------------------------------------------------------------------
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of Rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
New Budget Authority and Tax Expenditures
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures. The Chairman of the Committee shall cause such
estimate and statement to be printed in the Congressional
Record upon its receipt by the Committee.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives, a cost
estimate provided by the Congressional Budget Office pursuant
to section 402 of the Congressional Budget Act of 1974 was not
made available to the Committee in time for the filing of this
report. The Chairman of the Committee shall cause such estimate
to be printed in the Congressional Record upon its receipt by
the Committee.
Performance Goals and Objectives
The performance goal and objective of this legislation is
to reauthorize Federal-aid highway, transit, highway safety,
motor carrier, research, multi-modal, hazardous materials, and
rail programs through fiscal year 2026, and to make policy
modifications to such programs.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3684 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains the
following congressional earmarks, limited tax benefits, or
limited tariff benefits as defined in clause 9(e), 9(f), or
9(g) of the Rule XXI.
The projects noted in the table below are included in
section 107 of Division A of the bill.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits
----------------------------------------------------------------------------------------------------------------
Project Location
----------------------------------------------------------------
No. Member State/ Amount
Name Sponsor City Territory
----------------------------------------------------------------------------------------------------------------
1 Young, Don Cowles Street Fairbanks Area Fairbanks AK 795500
Reconstruction Surface 0
Transportation
Planning
2 Young, Don Replace Bridge Alaska Railroad Anchorage AK 642120
114.3 Corporation 0
3 Young, Don Seldon Road Matanuska-Susitna Wasilla AK 562380
Extension, Phase Borough (MSB), 0
2 Alaska
4 Aderholt, Robert Alabama State City of Southside Southside AL 239620
Highway 77 0
Northbound Bridge
Replacement
Project
5 Rogers, Mike Lighting and City of Auburn Auburn AL 184000
Landscaping on I- 0
85 at Exit 57
6 Rogers, Mike Realignment of SR- Alabama Roanoke AL 800500
22 to US-431 Department of 0
Transportation
7 Aderholt, Robert Red Bay Alabama Red Bay AL 860000
Interchange Department of
Lighting at SR-24 Transportation
(Corr V) and SR-
19
8 Rogers, Mike Widening of Hwy Alabama Moody AL 509000
411 Department of
Transportation
9 Sewell, Terri A. Bridge Montgomery MPO Montgomer AL 233971
Replacement on CR- y 7
39
10 Sewell, Terri A. Bridge ALDOT Greene AL 329696
Replacement over and 3
Sipsey River Pickens
Counties
11 Sewell, Terri A. Dallas County-- ALDOT Dallas AL 623993
Bridge County 9
Replacement on SR-
14
12 Sewell, Terri A. Resurfacing on US- ALDOT Marengo AL 161600
43 County 0
13 Sewell, Terri A. Resurfacing on US- ALDOT Choctaw AL 161600
84 County 0
14 Sewell, Terri A. Streetscape--Civi City of Birmingha AL 200000
l Rights District Birmingham DoT m 0
Freedom Trail
15 Sewell, Terri A. Streetscape--Rich Birmingham DOT Birmingha AL 196966
ard Arrington m 4
Blvd Safety
Improvements
16 Crawford, Rick Future I-57 Arkansas Clay AR 200000
Department of County 00
Transportation
17 Stanton, Greg 56th Street City of Phoenix Phoenix AZ 500000
Roadway Mobility 0
and Safety
Improvements
18 ............................. 5th/6th Street City of Tucson Tucson AZ 700000
Complete Streets Department of 0
Project Transportation
and Mobility
Grijalva, Raul M. .................. .................. .......... .......... 350000
0
Kirkpatrick, Ann .................. .................. .......... .......... 350000
0
19 Stanton, Greg 77th Street City of Scottsdal AZ 110274
Access Scottsdale e 8
Improvements
20 Kirkpatrick, Ann Chino Road City of Douglas Douglas AZ 291000
Extension Phase 0
II
21 Gallego, Ruben Cool Pavement City of Phoenix Phoenix AZ 320000
Program 0
22 Kirkpatrick, Ann Davis Road Cochise County Tombstone AZ 400000
Mileposts 5 & 13 and 0
McNeal
23 Gallego, Ruben Downtown Electric City of Phoenix Phoenix AZ 240000
Vehicle Charging 0
Stations
24 Grijalva, Raul M. Drexel Road City of Tucson Tucson AZ 500000
Extension and Department of 0
Bridge Project Transportation
and Mobility
25 O'Halleran, Tom Electric Bus Northern Arizona Flagstaff AZ 148500
Infrastructure Intergovernmental 0
Public
Transportation
Authority
26 Gallego, Ruben Flashing Yellow City of Glendale Glendale AZ 800000
Arrow (FYA) Phase
III
27 Gallego, Ruben Grand Canalscape City of Phoenix Phoenix AZ 500000
Improvements 0
Phase IV: 47th
Avenue to
Interstate 17
28 Gallego, Ruben Highline Canal Town of Guadalupe Guadalupe AZ 501824
Recreational Path
Lighting
Replacement
29 Stanton, Greg I-10, Loop 202 to Arizona Phoenix AZ 500000
SR 387 Department of 0
Transportation
30 Gallego, Ruben Intersection City of Phoenix Phoenix AZ 576000
Safety 0
Improvements at
Six High-Crash
Locations in
Phoenix
31 Stanton, Greg Kyrene Branch City of Chandler Chandler AZ 175800
Canal Shared Use 0
Path
32 O'Halleran, Tom Lone Tree City of Flagstaff Flagstaff AZ 800000
Corridor 0
33 Grijalva, Raul M. Pathway Project, City of Nogales Nogales AZ 122016
Baffert Dr to 9
Nogales High
School
34 O'Halleran, Tom Peters Road City of Casa Casa AZ 500000
Widening Grande Grande 0
35 Grijalva, Raul M. San Xavier Road San Xavier Tucson AZ 814000
Pedestrian District of the
Pathway Project Tohono O-odham
Nation
36 Kirkpatrick, Ann Sonoran Corridor Arizona DOT Tucson AZ 500000
Tier II EIS 0
37 Grijalva, Raul M. South Campbell City of Tucson Tucson AZ 620983
Avenue Complete Department of 1
Streets Project Transportation
and Mobility
38 Stanton, Greg Tempe/Mesa Cities of Tempe Tempe and AZ 400000
Streetcar Rio and Mesa Mesa 0
Salado East
Extension
39 ............................. Tucson Regional City of Tucson Tucson AZ 651200
North-South Bus Department of 0
Rapid Transit Transportation
(BRT) Corridor and Mobility
Grijalva, Raul M. .................. .................. .......... .......... 325600
0
Kirkpatrick, Ann .................. .................. .......... .......... 325600
0
40 ............................. US89/ Lake Powell City of Page Page AZ 500000
Blvd Roundabout 0
O'Halleran, Tom .................. .................. .......... .......... 250000
0
Stanton, Greg .................. .................. .......... .......... 250000
0
41 Kim, Young California State Los Angeles Diamond CA 180000
Route 57/60 County Bar 00
Confluence Metropolitan
Chokepoint Relief Authority
Program
42 LaM Cohasset Road County of Butte Cohasset CA 900000
Widening and Fire
Safety Project
43 Garcia, Mike Commerce Center Los Angeles Unincorpo CA 366666
Drive Bridge, Los County, Santa rated Los 6
Angeles County Clarita Valley Angeles
Economic County
Development
Corporation
44 Correa, J. Lui Creating the Next- City of Santa Ana Santa Ana CA 128000
Generation Santa 0
Ana Regional
Transportation
Center
45 Obernolte, Jay First Avenue San Bernardino Barstow CA 700000
Bridges County 0
Replacement over Transportation
Mojave River and Authority
Overflows
46 Correa, J. Lui First Street City of Santa Ana Santa Ana CA 400000
Pedestrian 0
Improvements
47 LaM Fix 5 Cascade Shasta Regional Redding CA 150000
Gateway Transportation 00
Agency
48 Correa, J. Lui Harbor Boulevard City of Garden Garden CA 624830
Street Grove Grove 3
Improvements
49 Correa, J. Lui Intersection City of Anaheim Anaheim CA 750000
Safety
Improvements
Projects
50 Obernolte, Jay Interstate 10/ City of Yucaipa Yucaipa CA 100000
Wildwood Canyon 0
Road Interchange
Project
51 Issa, Darrell Interstate 15 (I- San Diego Escondido CA 200000
15)/State Route Association of 00
78 (SR-78) Government
Managed Lanes
Project
52 Calvert, Ken Interstate 15 Riverside County Corona CA 300000
Corridor Transportation 0
Operations Commission
Project
53 Obernolte, Jay National Trail City of Victorvil CA 500000
Highway Widening Victorville le 0
54 Garcia, Mike Plant 42 Access City of Palmdale, Palmdale CA 866666
and Safety CA 6
Enhancements
55 Garcia, Mike Quick Fix North Los Aneles Santa CA 366666
Circulation County Clarita 6
Improvement Transportation
Project Coalition
56 LaM Roe Roadg Town of Paradise Paradise CA 180000
Extension 0
Project--Phase 1
57 Calvert, Ken Scott Road/Bundy City of Menifee Menifee CA 120000
Canyon Road 00
Widening Project
58 Garcia, Mike Sequoia Avenue City of Simi Simi CA 400000
Railroad Grade Valley, CA Valley 0
Crossing Upgrade
59 LaM Southgate City of Chico Chico CA 180000
Interchange (EIR 0
Only)
60 Obernolte, Jay SR-210 5th Street City of Highland Highland CA 300000
Interchange 0
61 Valadao, David State Route 41 Fresno Council of Fresno CA 200000
Excelsior Governments/ County 00
Corridor Project Fresno County
Transportation
Authority
62 Calvert, Ken Temescal Canyon Riverside County Corona CA 500000
Road Widening Transportation 0
Project (El and Land
Cerrito Segment) Management Agency
63 Correa, J. Lui The Anaheim Way: City of Anaheim Anaheim CA 650000
Night Owl Transit
Service
64 Correa, J. Lui Transit Security Orange County Anaheim CA 500000
& Operations Transportation 0
Center Authority
65 Obernolte, Jay US395 Olancha- Inyo County Local Olancha, CA 200000
Cartago 4 Lane Transportation Cartago 0
Project Commission
66 Aguilar, Pete I'' Street Omnitrans San CA 200000
Operating Bernardin 0
Maintenance o
Facility
Rehabilitation
Project
67 Speier, Jackie Street City of Daly City Daly City CA 100000
Resurfacing 0
Project
68 ............................. 5 and 134 Freeway City of Burbank Burbank CA 100000
Electric Vehicle 0
DC Fast Charging
Network
Schiff, Adam B. .................. .................. .......... .......... 500000
Sherman, Brad .................. .................. .......... .......... 500000
69 Harder, Josh 7th Street Bridge Stanislaus County Modesto CA 650000
0
70 Barragan, Nanette Diaz ADA Curb-Ramp and City of Long Long CA 145000
Sidewalk Beach Beach 0
Improvements
71 ............................. Additional Mini Caltrain San CA 856000
Highs at Caltrain Francisco
Stations ,
Burlingam
e, San
Mateo,
Belmont,
Palo
Alto,
Mountain
View,
Sunnyvale
, San
Jose,
Morgan
Hill, San
Martin,
and
Gilroy
Eshoo, Anna G. .................. .................. .......... .......... 306000
Lof.................. .................. .......... .......... 550000
72 Khanna, Ro Agnew Siding Capitol Corridor Santa CA 661000
Track Joint Powers Clara 0
Infrastructure Authority
Project
73 Aguilar, Pete Alder Avenue City of Rialto Rialto CA 238000
Improvements at 0
SR-210
74 Chu, Judy Altadena County of Los Altadena CA 480000
Community Safe Angeles
Routes to School Department of
Plan Public Works
75 Napolitano, Grace F. Amar Road Los Angeles La Puente CA 225000
Complete Streets County 0
from Baldwin Park
Boulevard to
Unruh Avenue,
Unincorporated
West Puente
Valley, CA
76 Low Anaheim Street City of Long Long CA 120000
Corridor Beach Beach 00
Improvements
77 McNerney, Jerry Antioch Bicycle Contra Costa Antioch CA 200000
Garden Transporation 0
Authority
78 DeSaulnier, Mark Appian Way Contra Costa El CA 200000
Pedestrian County Public Sobrante 0
Crossing Works Dept.
Enhancements
79 Bera, Ami Arcade-Cripple City of Citrus Citrus CA 110000
Creek Trail Heights Heights 0
(formerly and
Electric Greenway Orangeval
Trail) e
80 Napolitano, Grace F. Arrow Highway City of Azusa Azusa CA 300000
Median Island 0
Installation
Project from
Azusa Avenue to
Citrus Avenue
81 Napolitano, Grace F. Arrow Highway San Dimas CA San Dimas CA 160000
Rehabilitation 0
Project from East
City Limit to
West City Limit
82 Barragan, Nanette Diaz Artesia Great City of Long Long CA 800000
Boulevard Beach Beach 0
83 Speier, Jackie At-grade Caltrain City of San Mateo San Mateo CA 300000
Crossing Safety 0
Project--E.
Bellevue Avenue
and Villa Terrace
84 Roybal-Allard, Luc Atlantic Avenue CIty of Bell Los CA 520000
Improvements Angeles 0
85 Costa, Jim Atwater-Merced County of Merced Merced CA 200000
Expressway (AME) 0
Phase 1B Right of
Way acquisition
86 Napolitano, Grace F. Azusa Avenue West Covina, CA West CA 300000
Pedestrian Covina 0
Handicap
Accessibility &
Signal
Synchronization
Improvements
Project
87 Lee Bay Bridge Metropolitan Emeryvill CA 300000
Forward--I-80/ Transportation e and 0
Powell Street Commission Oakland
Transit Access
and I-80
Westbound Bus
Lane Extension
88 Lee Bay Trail at City of San San CA 300000
Shoreline Park Leandro Leandro 0
89 Huffman, Jared Bay Trail Metropolitan Sausalito CA 130000
Connectivity-Vist Transportation 0
a Point Bay Trail Commission
90 Speier, Jackie Belmont Alameda City of Belmont Belmont CA 240000
de las Pulgas 0
Corridor Project
91 Schiff, Adam B. Beverly and City of West West CA 300000
Robertson Hollywood Hollywood 0
Boulevards
Complete Street
Improvements
92 Eshoo, Anna G. Boulder Creek Santa Cruz County Boulder CA 150000
Complete Streets Regional Creek 0
Improvements Transportation
Project Commission
93 Schiff, Adam B. Broadway City of Glendale Glendale CA 200800
Rehabilitation 0
Project
94 Carbajal, Salud O. Build a non- The San Luis Cayucos CA 400000
motorized multi- Obispo Council of 0
use path along Governments
State Route 1,
connecting the
communities of
Morro Bay and
Cayucos in San
Luis Obispo
County
95 Vargas, Juan Bus/Rail Support San Diego San Diego CA 200000
Facilities and Metropolitan 0
Equipment Transit System
(Trolley Yard (MTS)
Expansion
Project)
96 Low Cabrillo Mole City of Avalon Avalon CA 670000
Phase II 0
97 Lof Caltrain Crossing Peninsula San Jose CA 315000
Optimization Corridor Joint
Project Powers Board
(Caltrain)
98 DeSaulnier, Mark Camino Pablo City of Orinda Orinda CA 528000
Pathway
Rehabilitation
Project
99 Bera, Ami Capital SouthEast Capital SouthEast Folsom CA 200000
Connector--Segmen Connector Joint 0
t D3 Class 1 Powers Authority
Multi-Use Path
and Broadband
100 Lee Central Avenue City of Alameda Alameda CA 180000
Safety 0
Improvement
Project--Addition
al Roundabout
101 ............................. Central Mobility San Diego San Diego CA 250000
Hub Pre- Association of 00
Construction Governments
Project (SANDAG)
Jacobs, Sara .................. .................. .......... .......... 125000
00
Peters, Scott .................. .................. .......... .......... 125000
00
102 Sherman, Brad Chandler Blvd City of Los Los CA 400000
Bike Path Gap Angeles--Bureau Angeles
Closure of Street
Services
103 Low Chapman Avenue/ City of Garden Garden CA 400000
Lamplighter Grove Grove
Street Traffic
Signal
104 Thompson, Mike Chip Seal Program County of Lake Lakeport CA 228800
0
105 Brownley, Julia City of Ojai City of Ojai Ojai CA 440000
Electric Trolley
106 Cardenas, Tony City of San City of San City of CA 134000
Fernando Fixed Fernando San 0
Trolley Service-- Fernando
Electric Buses
107 Cardenas, Tony City of San City of San City of CA 844800
Fernando Sidewalk Fernando San
Repair Project Fernando
108 Lev City of Vista City of Vista Vista CA 820368
Sidewalk
Improvement
Project on Nevada
Avenue and Lemon
Avenue
109 Schiff, Adam B. Community City of Vista Glendale CA 240000
Beautification 0
Project
110 Sherman, Brad Cool Neighborhood City of Los Los CA 100000
Projects Angeles--Bureau Angeles 0
of Street
Services
111 Napolitano, Grace F. Covina Grade City of Covina Covina CA 300000
Crossing Safety 0
Projects
throughout
Metrolink
Corridor
112 Roybal-Allard, Luc Cudahy Citywide Los Angeles Cudahy CA 170000
Complete Streets County 0
Improvement Metropolitan
Project Transportation
Authority
(Metro).
113 McNerney, Jerry CUFC--Washington Port of Stockton Stockton CA 120000
Street Widening 0
Project
114 Bass, Karen Culver CityBus City of Culver Culver CA 350000
Fleet City City 0
Electrification Transportation
Facility Department
Infrastructure
115 Sanchez, Lin Del Amo Boulevard City of Cerritos, Cerritos CA 180000
Bridge California 00
Replacement and
Signal
Enhancements
Project
116 Bass, Karen Destination City of Los Los CA 760000
Crenshaw Angeles Bureau of Angeles 0
Streetscape Engineering
Improvement
Project
117 Peters, Scott Downtown Mobility City of San Diego San Diego CA 560000
Phase 3A 0
118 Napolitano, Grace F. Duarte--Donald & Duarte, CA Duarte CA 122500
Bernice Watson 0
Multi-Use Pathway
Improvement
Project
119 Speier, Jackie East Bayshore City of East Palo East Palo CA 100000
Road Safety Alto Alto 0
Improvements
120 Gomez, Jimmy East Los Angeles Los Angeles Los CA 800000
Community County Public Angeles
Mobility Works
121 Lee East Oakland Alameda-Contra Oakland CA 200000
Hydrogen Fueling Costa Transit 0
Upgrade District (AC
Transit)
122 Cardenas, Tony East San Fernando City of Los Van Nuys CA 179731
Valley Traffic Angeles and the and North 2
Signals on the Los Angeles Hollywood
High Injury Department of
Network Transportation
123 Cardenas, Tony East San Fernando City of Los Van Nuys, CA 123600
Valley Transit Angeles Arleta, 0
Corridor (ESFVTC) Pacoima
Transit-Oriented
Community (TOC)
Plan
124 Cardenas, Tony East San Fernando Los Angeles City of CA 100000
Valley Transit County San 00
Corridor Project Metropolitan Fernando
Transportation to Van
Authority Nuys
125 Lof East San Jose City of San Jose San Jose CA 470000
Corridor Safety Dept of 0
Improvement Transportation
Project
126 Lev El Camino Real to City of San Diego San Diego CA 250000
Via De LaValle 0
127 DeSaulnier, Mark El Cerrito del City of El El CA 224400
Norte Area TOD Cerrito Cerrito 0
Complete Streets
Improvements
Project
128 Barragan, Nanette Diaz Electric Vehicle Housing Authority San Pedro CA 120650
Car Share Program of the City of
Los Angeles
129 Costa, Jim Elm Avenue Road City of Fresno Fresno CA 375000
Diet 0
Reconstruction
and Class IV-
Ventura/
California to
North Avenue
130 Pelosi, Nancy Embarcadero San Francisco Bay San CA 625000
Station Platform Area Rapid Francisco 0
Elevator Capacity Transit (BART)
and Redundancy
Project
131 Chu, Judy Emerald Necklace County of Los Arcadia CA 154880
Quarry Clasp Peck Angeles, 0
Park Trail Department of
Public Works
132 Khanna, Ro Evelyn Avenue City of Sunnyvale Sunnyvale CA 380000
Multi-Use Trail 0
133 Schiff, Adam B. Flint Canyon City of La Canada La Canada CA 480000
Trail Repair/ Flintridge Flintridg 0
Restoration e
134 Roybal-Allard, Luc Florence A Line Los Angeles Los CA 400000
FLM Improvements County Angeles 0
135 Napolitano, Grace F. Francisquito Baldwin Park, CA Baldwin CA 230000
Avenue Metrolink Park 0
At-Grade Safety
Improvements
136 Waters, Maxine Gardena GTrans Gardena GTrans Gardena CA 440000
Zero-Emission Bus 0
Project
137 Barragan, Nanette Diaz Garfield Avenue City of South San Pedro CA 150000
Complete Streets Gate 0
138 Chu, Judy Glendora People City of Glendora Glendora CA 500000
Movement 0
139 Bera, Ami Gold Line Light Sacramento Folsom CA 191378
Rail Low Floor Regional Transit and 8
Station District Rancho
Conversion Cordova
140 Pelosi, Nancy Golden Gate Golden Gate San CA 655000
Bridge Physical Bridge, Highway Francisco 0
Suicide Deterrent and
System (SDS) Transportation
Project District
141 Lof Hale Avenue/Santa City of Morgan Morgan CA 800000
Teresa Expressway Hill Hill
Extension Phase
2A
142 ............................. Harbor Drive 2.0 Port of San Diego San Diego CA 800000
and
National
City
Peters, Scott .................. .................. .......... .......... 400000
Vargas, Juan .................. .................. .......... .......... 400000
143 Waters, Maxine Hawthorne--120th City of Hawthorne Hawthorne CA 950000
Street
Improvement
Project
144 Lie High Voltage City of Los City of CA 347200
Conversion Fed Angeles, Los
Program Unit 2 Department of Angeles
Public Works,
Bureau of Street
Lighting
145 Aguilar, Pete Highland Avenue City of Redlands Redlands CA 400000
and Wabash Avenue
Intersection
Improvement
Project
146 Speier, Jackie Highway 1 North City of Half Moon Half Moon CA 100000
Bicycle/ Bay Bay 0
Pedestrian
Improvements
Project
147 Thompson, Mike Highway 116/West City of Cotati Cotati CA 200000
Cotati 0
Intersection
Safety
Improvement
Project
148 DeSaulnier, Mark Highway 24 Contra Costa Orinda CA 200000
LaMorinda Smart Transportation and 0
Signal System Authority Lafayette
project
149 Eshoo, Anna G. Highway 9 Safety City of Monte Monte CA 520000
Improvement Sereno Sereno
Project
150 Gomez, Jimmy Highways to Southern Los CA 480000
Boulevards California Angeles
Association of
Governments
151 Matsui, Doris O. I Street Bridge The City of Sacrament CA 150000
Replacement Sacramento o and 00
Project West
Sacrament
o
152 Sherman, Brad I-405 Sepulveda LA County Los CA 500000
Pass (Phase 1) Metropolitan Angeles 0
ExpressLanes Transportation
Authority
153 Garamendi, John I-505 Vaca Valley Solano Vacaville CA 400000
Parkway Corridor Transportation 0
Multimodal Authority
Improvements
Project
154 Waters, Maxine Inglewood Transit City of Inglewood Inglewood CA 920000
Connector (ITC) 0
155 Takano, Mark Interstate 15 Riverside County Jurupa CA 200000
Northern Transportation Valley 00
Extension (I-15 Commission (RCTC) and
NEXT) is partnered with Eastvale
the San
Bernardino
Transportation
Authority (SBCTA)
156 Garamendi, John Jepson Parkway Solano Fairfield CA 746000
Vanden Road Transportation 0
Complete Streets Authority
Project to Travis
Air Force Base
157 Gomez, Jimmy LA Streetcar Los Angeles Los CA 200000
Power Utility Department of Angeles 0
Relocations Water and Power
158 Waters, Maxine Lawndale--Redondo City of Lawndale Lawndale CA 100000
Beach Blvd 0
Project
159 Brownley, Julia Leesdale Passing Los Angeles--San Camarillo CA 600000
Siding Extension Diego--San Luis 0
and Upgrade, Obispo Rail
Ventura County, Corridor Agency
CA and the Ventura
County
Transportation
Commission
160 Lev Leucadia City of Encinitas Encinitas CA 400000
Streetscape Phase 0
2 (Shown in the
TransNet as North
Coast Highway 101
Beautification)
161 Lie Liberty Canyon California Agoura CA 500000
(Crossing) Natural Resources Hills 0
Agency
162 Gomez, Jimmy Link Union Los Angeles Los CA 500000
Station County Angeles 0
Metropolitan
Transportation
Authority
163 Sanchez, Lin Los Nietos Los Angeles Unincorpo CA 480000
Sunshine Shuttle County rated Los
Electric Bus Metropolitan Nietos
Replacement Transportation
Authority
164 Lev LOSSAN Corridor San Diego Del Mar CA 125000
Improvements Association of 00
Governments
(SANDAG)
165 Torres, Norma J. Malaga Bridge City of Fontana Fontana CA 150000
Project 00
166 DeSaulnier, Mark Market Avenue Contra Costa N. CA 217000
Complete Street County Public Richmond 0
Works Dept.
167 Schiff, Adam B. Melrose Avenue City of West West CA 494414
Complete Street Hollywood Hollywood 9
Improvements
168 Lie Metro Purple Line City of Beverly City CA 500000
Beverly/Wilshire Hills Beverly 0
North Portal Hills
Project
169 Eshoo, Anna G. Middle Avenue City of Menlo Menlo CA 650000
Pedestrian/ Park Park 0
Bicycle Rail
Crossing Project
170 Khanna, Ro Mission Bl/ Pine City of Fremont Fremont CA 200000
St Safety 0
Improvement
Project
171 DeSaulnier, Mark Mobility for All Contra Costa N. CA 200000
Project County Public Richmond 0
Works Dept. and Bay
Point
172 Lie Mobility Wallet Southern Los CA 400000
Demonstration and California Angeles 0
Research Study Association of County
Governments
(SCAG)
173 Ruiz, Raul Monroe Street City of Indio Indio CA 200000
Interchange 00
Project
174 Thompson, Mike Napa Valley Vine County of Napa St. CA 300000
Trail--Yountville Helena 0
to St. Helena
175 Sherman, Brad New Traffic City of Los Los CA 710000
Signal at Angeles Angeles
Morrison and
Sepulveda
176 Sherman, Brad New Traffic City of Los Los CA 710400
Signal at Plummer Angeles Angeles
and White Oak
Avenue
177 Khanna, Ro New Traffic City of Fremont Fremont CA 950000
Signal at Scott
Creek Rd/
Zinfandel St
178 Roybal-Allard, Luc New Transit City of Commerce Commerce CA 200000
Maintenance 0
Facility
179 Khanna, Ro North San Jose City of San Jose San Jose CA 383834
Bike Plan 8
Implementation
180 Lee Oakland 7th St City of Oakland Oakland CA 250000
Bike/Ped 0
Improvements
181 Lee Oakland Alameda Alameda County Oakland CA 299600
Access Project Transportation and 0
Commission Alameda
182 Brownley, Julia Ojai Avenue City of Ojai Ojai CA 440000
Pedestrian
Crossing Safety
Lighting
Improvements
183 Matsui, Doris O. Old I Street The City of West West CA 415000
Bridge Deck Sacramento Sacrament 0
Conversion for o
Active
Transportation
Project
184 Bera, Ami Old Town City of Elk Grove Elk Grove CA 200000
Streetscape Phase 0
2
185 Schiff, Adam B. Olive/Magnolia City of Burbank Burbank CA 200000
Bridge Safety 0
Barrier Rail
Project
186 Vargas, Juan Otay Mesa Truck City of San Diego San Diego CA 130000
Route Phase 4 0
187 Huffman, Jared Overlook and Tolowa Dee-ni' Smith CA 500000
Viewpoint Nation River
Improvements to
end of Mouth of
Smith River Road
188 Lie Pacific Coast City of Torrance City of CA 652800
Highway at Torrance
Crenshaw
Boulevard
Intersection
Capacity
Enhancements
189 Napolitano, Grace F. Parkway Drive and City of El Monte El Monte CA 260000
Merced Street 0
Bicycle and
Pedestrian
Improvements
190 Chu, Judy Pedestrian, ADA, City of Temple Temple CA 620000
Traffic Signal City City 0
and Pavement
Improvements
along Bus Routes
191 Torres, Norma J. Pine Avenue City of Chino Chino CA 500000
Extension 0
192 Brownley, Julia Port of Hueneme Port of Hueneme/ Oxnard CA 300000
Intermodal Oxnard Harbor 0
Improvement District
Project to
Modernize the
Port Wharf and
Pier and Cargo
Facilities
193 Lee Port of Oakland Port of Oakland Oakland CA 100000
Solar, Battery 0
Storage and
Electric Vehicle
Truck Charger
Deployment
194 Napolitano, Grace F. Puddingstone City of La Verne La Verne CA 998000
Drive Bicycle and
Pedestrian
Project
195 Carbajal, Salud O. Purchase of San Luis Obispo San Luis CA 500000
eleven Battery- Regional Transit Obispo 0
Electric Buses-- Authority
SLORTA
196 Pelosi, Nancy Quint-Jerrold San Francisco San CA 720000
Connector Road County Francisco 0
Transportation
Authority
197 Bass, Karen Rail to Rail/ Los Angeles Los CA 500000
River Active County Angeles 0
Transportation Metropolitan
Corridor Project Transportation
Authority
198 Aguilar, Pete Reche Canyon Road City of Colton Colton CA 445200
Alignment 0
199 Aguilar, Pete Replacement of City of San San CA 200000
2nd Street Bridge Bernardino Bernardin 0
over Warm Creek o
200 Thompson, Mike Resilient State Sonoma County Sonoma CA 700000
Route 37 Corridor Transportation 0
Enhancement Authority
Program
201 DeSaulnier, Mark Richmond Parkway Contra Costa Richmond CA 100000
Transit Center Transportation 0
and Freeway Authority
Access
Improvements
202 Cardenas, Tony San Fernando Road City of Los Sun CA 594027
Bike Path Phase Angeles Valley
III and North
Hollywooo
d
203 Lee San Francisco Bay San Francisco Bay Oakland, CA 300000
Area Rapid Area Rapid San 0
Transit (BART) Transit District Leandro,
Station Restroom Berkeley
and Lighting
Enhancements
204 Lof San Francisco Bay Metropolitan lameda, CA 500000
Area regional Transportation Contra 0
advance Commission Costa,
mitigation and Santa
program Clara
counties
205 Thompson, Mike San Pablo Avenue City of Pinole Pinole CA 742000
Rehabilitation,
City Limits to
Pinole Shores
206 Huffman, Jared San Rafael City of San San CA 200000
Channel Crossing Rafael Rafael 0
Swing Bridge
207 Panetta, Jimmy Santa Cruz METRO Santa Cruz Santa CA 184000
Bus Replacements Metropolitan Cruz 0
Transit District
208 Eshoo, Anna G. Santa Cruz Santa Cruz Santa CA 505750
Paratransit Vans Metropolitan Cruz
Replacement Transit District
Project
209 Eshoo, Anna G. Saratoga City of Saratoga Saratoga CA 120000
Pedestrian 0
Walkway Project
210 Eshoo, Anna G. Scotts Creek Santa Cruz County Unincorpo CA 350000
Coastal Regional rated 0
Resiliency Transportation Santa
Project Commission Cruz
County
north of
Davenport
211 ............................. Sepulveda Transit Los Angeles City of CA 100000
Corridor County Los 00
Metropolitan Angeles
Transportation
Authority
Lie.................. .................. .......... .......... 500000
0
Sherman, Brad .................. .................. .......... .......... 500000
0
212 Speier, Jackie Serramonte Town of Colma Colma CA 400000
Boulevard and
Serramonte Center
Driveway Traffic
Signal
213 Speier, Jackie Sharp Park City of Pacifica Pacifica CA 960000
Priority
Development Area
(PDA) Access
Resurfacing
Project
214 Roybal-Allard, Luc Slauson Avenue Los Angeles Huntingto CA 100000
Congestion County n Park 0
Metropolitan
Transportation
Authority (Metro)
215 Huffman, Jared SMART Russian Sonoma-Marin Area Healdsbur CA 136068
River Rail Bridge Rail Transit g 40
Rehabilitation District (SMART)
216 McNerney, Jerry Solar Energy San Joaquin Stockton CA 530000
Project (Phase 2) Regional Transit 0
District
217 Vargas, Juan SR 86 Improvement City of Imperial Imperial CA 300000
Project 0
218 Garamendi, John SR128/I-505 City of Winters, Winters CA 854000
Overcrossing (Br. CA 0
22-0110)/Russell
Blvd Bicycle and
Pedestrian
Improvements
219 Vargas, Juan State Route 11/ California San Diego CA 125000
Otay Mesa East Transportation 00
Port of Entry Agency, Caltrans,
San Diego
Association of
Governments
220 Harder, Josh State Route 132 Stanislaus Modesto CA 120000
West Project Council of 00
Governments
(StanCOG)
221 Panetta, Jimmy State Route 25 Council of San Hollister CA 100000
Expressway Benito County 00
Conversion and Governments
State Route 25/
156 Interchange
Project
222 Thompson, Mike State Route 37 Solano Vallejo CA 400000
and Fairgrounds Transportation 0
Drive Interchange Authority
Improvements
223 Costa, Jim State Route 99 Madera County Madera CA 100000
Madera South-- Transportation 00
Operational Commission
Improvement
Project
224 McNerney, Jerry Stockton Rail San Joaquin Stockton CA 671500
Maintenance Regional Rail 0
Facility Commission
Expansion
225 Aguilar, Pete Sustainable City of Redlands Redlands CA 175663
Mobility 0
Expansion Project
226 Sherman, Brad Tarzana Crossing City of Los Tarzana-- CA 500000
Great Streets Angeles--Bureau Los
Project of Street Angeles
Services
227 Carbajal, Salud O. The Highway 101 Santa Barbara Santa CA 110000
Multimodal County Barbara 00
Corridor Project Association of
from Santa Governments
Barbara to
Montecito with
improvements on
Highway 101 (SB-
101-PM 9.1/12.3)
and Adjacent
Local Streets
including the
Cabrillo
Boulevard Bicycle
and Pedestrian
Improvement
Project
228 Khanna, Ro Thornton Avenue City of Newark Newark CA 200000
Pavement 0
Rehabilitation
229 Waters, Maxine Torrance to Torrance Transit Torrance CA 443292
Florence Bus 4
Service
230 Aguilar, Pete Track Southern City of CA 200000
Rehabilitation of California Rancho 0
the San Regional Rail Cucamonga
Bernardino Line Authority ,
Californi
a
spanning
to the
City of
Montclair
,
Californi
a
including
the
cities of
Rancho
Cucamonga
, Upland,
and
Montclair
231 DeSaulnier, Mark Traffic Signal Contra Costa Danville, CA 600000
System Upgrades Transportation Walnut 0
on I-680 Project Authority Creek,
Concord,
Pleasant
Hill
232 ............................. Tri MyRide Fleet Eastern Contra Antioch CA 176000
Expansion Project Costa Transit 0
Authority
DeSaulnier, Mark .................. .................. .......... .......... 880000
McNerney, Jerry .................. .................. .......... .......... 880000
233 Gomez, Jimmy TRI-CONNECT, Southern Los CA 335789
SoCal Freight California Angeles 5
Initiative Association of
Governments
234 Brownley, Julia U.S. 101 and Del City of Oxnard Oxnard CA 300000
Norte Boulevard 0
Interchange
235 Chu, Judy Union Street City of Pasadena Pasadena CA 160000
Protected Bike 0
Lanes
236 Eshoo, Anna G. US 101 / Woodside City of Redwood Redwood CA 250000
Interchange City City 0
Improvement
237 Panetta, Jimmy US 101 Safety Transportation Salinas CA 200000
Improvements--Sou Agency for and 0
th of Salinas Monterey County Chualar
(Monterey
County)
238 Panetta, Jimmy US 101/SR 25 Santa Clara Gilroy CA 500000
Interchange Phase Valley 0
2--Santa Teresa Transportation
Boulevard Authority
Extension
239 Speier, Jackie US-101 Managed City/County San Mateo CA 100000
Lane Project Association of 00
North of I-380 Governments (C/
CAG) of San Mateo
County
240 Swalwell, Eric Valley Link-- Tri-Valley--San Livermore CA 200000
Implementation of Joaquin Valley 00
Sustainability Regional Rail
Blueprint Authority
241 McNerney, Jerry Vasco Road Safety Contra Costa Byron CA 390500
Improvements County Public 0
Phase II Works
242 ............................. Vermont Transit Los Angeles Los CA 100000
Corridor County Angeles 00
Improvements Metropolitan
Transportation
Authority
Bass, Karen .................. .................. .......... .......... 390000
0
Gomez, Jimmy .................. .................. .......... .......... 610000
0
243 Barragan, Nanette Diaz Walnut Park Bus County of Los Walnut CA 120000
Stop Improvements Angeles Park 0
244 Barragan, Nanette Diaz Walnut Park County of Los Walnut CA 120000
Pedestrian Plan Angeles Park 0
Implementation
245 Lof Warm Springs City of San Jose San Jose CA 770310
Grade Crossing 0
Improvements
246 Lee West Berkeley City of Berkeley Berkeley CA 704000
Bicycle and
Pedestrian
Improvements
247 Eshoo, Anna G. West San Jose City of San Jose San Jose CA 328568
Priority Bikeways 0
Implementation
Project
248 Roybal-Allard, Luc West Santa Ana Los Angeles Los CA 500000
Branch Transit County Angeles 0
Corridor Metropolitan
Transportation
Authority (Metro)
249 Aguilar, Pete West Valley San Bernardino San CA 500000
Connector Bus County Bernardin 0
Rapid Transit-- Transportation o
Phase 1, and Zero- Authority
Emission Bus
Initiative
250 Bera, Ami White Rock Road-- City of Rancho Rancho CA 123070
0.5 Miles East of Cordova, CA Cordova 00
Rancho Cordova
Parkway to the
Easterly City
Limits
251 Brownley, Julia Widen Central Ave City of Camarillo Camarillo CA 400000
to add new Class 0
II Bike Lanes
near U.S. 101 to
the northwest
city limits
252 Barragan, Nanette Diaz Wilmington Port of Los Wilmingto CA 100000
Waterfront-Avalon Angeles n 0
Pedestrian Bridge
253 Cardenas, Tony Woodman Ave. City of Los Panorama CA 325659
Pedestrian Angeles, City 1
Improvement Department of
Project Public Works,
Bureau of
Engineering,
Bureau of Street
Services
254 DeSaulnier, Mark Ygnacio Valley City of Walnut Walnut CA 100000
Road Project Creek Creek 0
255 Costa, Jim Yosemite Area Yosemite Area Merced CA 225000
Regional Regional 0
Transportation Transportation
System System (YARTS) in
partnership with
Merced County
Association of
Governments
(MCAG)
256 Brownley, Julia Zero Emission Bus Gold Coast Oxnard CA 167500
Replacements, Transit District 0
Charging
Infrastructure
and Zero
Emissions Job
Training
257 Barragan, Nanette Diaz Zero Emission Los Angeles Wilmingto CA 500000
Buses and County n 0
Charging Metropolitan
Infrastructure Transportation
Authority
258 Chu, Judy Zero Emissions City of Pasadena Pasadena CA 210000
Bus Purchase-- 0
Pasadena, CA
259 DeGette, Diana 16th St Mall City and County Denver CO 653000
Reconstruction of Denver 0
Program
260 Crow, Jason Aurora Bicycle The City of Aurora CO 800000
and Pedestrian Aurora
Master Plan
Update
261 Neguse, Joe Big Barnes Ditch City of Loveland Loveland CO 500000
Trail
Improvements
262 Neguse, Joe Cameron Peak Post- Colorado Larimer CO 200000
Fire Emergency Department of County 0
Funding Transportation
263 DeGette, Diana Central Corridor Regional Denver CO 793000
Rail Replacement Transportation 0
District (RTD)
264 Neguse, Joe CO 9 Widening Colorado Summit CO 100000
from Iron Springs Department of County 0
to Frisco Transportation
265 Crow, Jason Easter/Havana City of Centennia CO 600000
Intersection Centennial l 0
Improvements
266 Neguse, Joe Eisenhower Colorado Dillon CO 400000
Johnson Memorial Department of 0
Tunnel (EJMT) Transportation
Repairs and
Upgrades
267 Crow, Jason Expansion of Gun City of Aurora Aurora CO 150000
Club Road 0
268 Perlmutter, Ed Federal Parkway City of Westminst CO 410711
Multimodal Westminster er 4
Transportation
Improvements
269 Neguse, Joe Frisco Transit Colorado Frisco CO 665000
Center Department of 0
Transportation
270 DeGette, Diana I-25 Valley Colorado Denver CO 553000
Highway: Phases 3 Department of 0
and 4 ROW Transportation
Acquisition
271 Crow, Jason I-25/Belleview Arapahoe County Greenwood CO 100000
Avenue Village 00
Interchange
Improvements
272 Perlmutter, Ed I-70 and 32nd Colorado Wheat CO 200000
Ave. Bridge Department of Ridge 0
Replacement Transportation
273 Perlmutter, Ed SH-72 (Indiana City of Arvada Arvada CO 109587
St) Widening at 2
UPRR
274 Neguse, Joe State Highway 119 Boulder County Boulder CO 500000
and State Highway County 0
52 Multimodal
Intersection
Improvements
275 Neguse, Joe US 36 and Colorado Estes CO 850000
Community Drive Department of Park
Roundabout Transportation
276 Perlmutter, Ed Wadsworth City of Wheat Wheat CO 100000
Widening: 35th Ridge Ridge 00
Avenue to I-70
277 Perlmutter, Ed West Colfax City of Lakewood Lakewood CO 175000
Pedestrian Safety 0
and
Infrastructure
Project
278 Himes, Jim Branchville Connecticut Ridgefiel CT 185312
Transit Oriented Department of d 0
Development Transportation
Pedestrian/
Bicycle
Improvement
279 Himes, Jim Comstock Brook Connecticut DOT Wilton CT 240000
Bridge (No. 0
04975)
Replacement
280 Courtney, Joe Coventry Main Town of Coventry Coventry CT 120000
Street Sidewalk 0
Project Final
Extension
281 Courtney, Joe CT-195 (Storrs Town of Mansfield Mansfield CT 224000
Road) Pedestrian 0
Safety
Improvements
282 Courtney, Joe East Haddam/ Connecticut East CT 500000
Haddam Swing Department of Haddam 0
Bridge Transportation
Rehabilitation
Project
283 Courtney, Joe Essex River Road Town of Essex Essex CT 240000
Bridge and 0
Sidewalk Project
284 Himes, Jim Five Mile River Connecticut DOT Norwalk CT 286000
Bridge (No. 0
04152)
Replacement
285 Lar Greater Hartford Connecticut Hartford CT 160000
Mobility Study-- Department of and East 00
Planning and Transportation Hartford
Preliminary
Engineering
286 Himes, Jim Greenwich Creek Connecticut DOT Greenwich CT 253000
Bridge (No. 0
01872)
Replacement
287 Hayes, Jahana Harbor Brook Connecticut Meriden CT 280000
Bridge (No. Department of 0
04185) Transportation
Replacement
Project
288 Hayes, Jahana Intersection Connecticut Danbury CT 333200
Improvements on Department of 0
Route 39 at Transportation
Beckerle Street
and East Gate
Road
289 Himes, Jim Mill River Bridge Connecticut DOT Fairfield CT 270000
(No. 04953) 0
Replacement
290 DeLau New Haven City of New Haven New Haven CT 200000
Downtown Crossing 00
Phase 4--Temple
Street Crossing
291 Courtney, Joe New London State of New CT 486000
Pedestrian Bridge Connecticut London 0
and Public Access Department of
Project Economic and
Community
Development (CT-
DECD)
292 Himes, Jim Park Avenue Connecticut DOT Bridgepor CT 268600
Traffic Signals t 0
293 Courtney, Joe Quinebaug River Town of Plainfiel CT 217995
Trail--Plainfield Plainfield d 3
Section
294 Hayes, Jahana Route 10 Hop Connecticut Simsbury CT 240000
Brook Bridge (No. Department of 0
00653) Transportation
Replacement
Project
295 Hayes, Jahana Route 109 Bridge Connecticut Morris CT 152000
(No. 05417) Department of 0
Replacement Transportation
Project
296 Hayes, Jahana Route 202 Connecticut Brookfiel CT 740000
Intersection Department of d 0
Improvement Transportation
Project
297 Himes, Jim Route 25 Bridge Connecticut Trumbull CT 146400
(No. 06750) Department of 0
Rehabilitation Transportation
298 Himes, Jim Stamford Connecticut DOT Stamford CT 350000
Transportation 0
Center
Improvement
299 Norton, Eleanor Holmes 20 x 22 Protected District of Washingto DC 300000
Bike Lanes Columbia n 0
Department of
Transportation
300 Norton, Eleanor Holmes Arboretum Bridge District of Washingto DC 400000
and Trail Columbia n 0
Department of
Transportation
301 Norton, Eleanor Holmes Bus Priority District of Washingto DC 400000
Program Columbia n 0
Department of
Transportation
302 Norton, Eleanor Holmes H Street Bridge District of Washingto DC 300000
Columbia n 0
Department of
Transportation
303 Norton, Eleanor Holmes Metropolitan District of Washingto DC 300000
Branch Trail-- Columbia n 0
Fort Totten to Department of
Takoma Transportation
304 Norton, Eleanor Holmes Pavement District of Washingto DC 300000
Restoration, Columbia n 0
National Highway Department of
Performance Transportation
Program
305 Blunt Rochester, Lis US 113/SR 20 Delaware Millsboro DE 100000
Grade Separated Department of 00
Intersection Transportation
306 Blunt Rochester, Lis West Camden Delaware Camden DE 100000
Bypass Department of 00
Transportation
307 Rutherford, John Approach Road at Jacksonville Jacksonvi FL 600000
Cecil Air and Aviation lle
Space Port Authority
308 Gimenez, Carlos A. Card Sound Bridge Monroe County, Key Largo FL 420000
Replacement Florida 0
Planning and
Design Project
309 Salazar, Maria City of South City of South South FL 433000
Miami Pedestrian Miami Miami 0
Bridge
310 Salazar, Maria Commodore Trail Florida Miami / FL 999205
Missing Link Department of Coral
Transportation Gables
311 ............................. Dunedin Causeway Pinellas County Dunedin FL 800000
Bridge Project Government 0
Bilirakis, Gus .................. .................. .......... .......... 500000
0
Crist, Charlie .................. .................. .......... .......... 300000
0
312 Stuebe, Greg Harborview Road Charlotte County, Port FL 200000
from Melbourne Florida Charlotte 00
Street to I-75
313 Salazar, Maria Marlin Road The Town of Cutler FL 880000
Roadway Cutler Bay Bay 0
Improvements
Project
314 Salazar, Maria Miami River Florida Miami FL 239200
Greenway--Curtis Department of 0
Park East Transportation
315 Mast, Brian Midway Road St. Lucie County Port St. FL 150000
Multimodal/ Lucie 00
Freight
Improvements and
Florida-s
Turnpike
Connection
316 Salazar, Maria North Bay Village North Bay Village North Bay FL 100000
79th Street Village 0
Complete Streets
Project
317 Mast, Brian Port St. Lucie City of Port St. Port St. FL 500000
Boulevard South-- Lucie Lucie 0
Segment 2.2
(Alcantarra
Boulevard to Paar
Drive)
318 Salazar, Maria PortMiami Shore Miami Dade Miami FL 200000
Power Pilot County--PortMiami 0
Program
319 Franklin, Scott Reconstruction of City of Lakeland, Lakeland FL 200000
State Road 33/ Florida 00
Interstate 4
Interchange (Exit
38)
320 Bilirakis, Gus Ridge Road Pasco County Unincorpo FL 150000
Extension Phase Board of rated 00
2B Supervisors Pasco
County
321 Wilson, Frederica Alleyways City of Miami Miami FL 240000
Drainage Gardens Public Gardens
Improvement Works Department
Project
322 Deutch, Theodore E. Breakers Avenue City of Fort City of FL 520000
Streetscape Lauderdale Fort 0
Project Lauderdal
e
323 Castor, Kathy Cass Street City of Tampa Tampa FL 511600
Bridge 0
Rehabilitation
324 Demings, Val Butler Central Florida Central Florida Orlando FL 103250
Regional Regional 0
Transportation Transportation
Electronic Authority (LYNX),
Contactless Orlando, Florida
Payment System
325 Frankel, Loi City of West Palm City of West Palm West Palm FL 120000
Beach Grand View Beach Beach 0
Heights Street
Pedestrian Safety
Improvements
Phase 2
326 Murphy, Stephanie Corrine Drive City of Orlando Orlando FL 690000
Complete Streets 0
Project
327 Wilson, Frederica County Line Road Broward MPO & West Park FL 944000
Improvement City of West Park
Project
328 Deutch, Theodore E. Crystal Lake City of Deerfield City of FL 389088
Drive Project Beach Deerfield
Beach
329 Murphy, Stephanie E.E. Williamson Seminole County Longwood FL 434600
Road Trail Government 0
Connect
330 Soto, Darren Econlockhatchee City of Orlando Orlando FL 819350
Trail Multimodal 0
Corridor
Improvements
331 Frankel, Loi Flavor Pict Road Palm Beach County Delray FL 478000
from Lyons Road Beach 0
to Hagen Ranch
Road
332 Crist, Charlie Gulf to Bay Pinellas County Clearwate FL 600000
(SR60) Duke Government r 0
Energy Trail
Overpass
333 Castor, Kathy HART Bus Shelter Hillsborough Area Tampa FL 699010
Revitalization Regional Transit 0
and Expansion Authority
334 Soto, Darren Hinson Avenue City of Haines Haines FL 137500
Widening Project City City 0
335 Demings, Val Butler International Orange County, Orlando FL 700000
Drive and Sand Florida 0
Lake Road (SR
482) Pedestrian
Bridge
336 Castor, Kathy InVision Tampa City of Tampa, co- Tampa FL 770000
Streetcar funded by the 0
Florida
Department of
Transportation
and Hillsborough
Area Regional
Transit Authority
(HART)
337 Wasserman Schultz, Debbie Johnson Street City of Hollywood Hollywood FL 290400
Bridge 0
Replacement
Project
338 Law JTA-sl, Jr. Jacksonville Jacksonvi FL 231584
Sustainability Transportation lle 0
and Renewable Authority
Energy Transit
Facility (Project
ID 425454-2)
339 Murphy, Stephanie Lake Monroe Loop MetroPlan Orlando Sanford FL 331318
Trail 1
340 Frankel, Loi Lowson Boulevard City of Delray Delray FL 110629
from Dover Road Beach Beach 6
to Federal
Highway
341 Deutch, Theodore E. Loxahatchee Rd. Broward City of FL 500000
from Arthur Metropolitan Parkland 0
Marshall Planning
Loxahatchee Organization
Refuge to SR-7/US- (MPO)
441
342 Deutch, Theodore E. Lyons Road Broward City of FL 270000
Pedestrian Metropolitan Coconut 0
Mobility Lighting Planning Creek
and Safety Organization
Project (MPO)
343 Law Magnolia Drive Blueprint Tallahass FL 500000
Trail--Phase 1, Intergovernmental ee 0
2, & 4 (Project Agency
ID: 4098037)
344 Soto, Darren Marigold Ave from MetroPlan Orlando Poinciana FL 473158
San Lorenzo Rd to 6
Peabody Rd (4
Roundabouts)
345 Soto, Darren Neptune Road Osceola County Kissimmee FL 500000
Widening and 0
Improvement
Project
346 Wilson, Frederica NW 183rd to 191st City of Miami Miami FL 120000
Street and NW Gardens Public Gardens 0
27th to 42nd Works Department
Avenue Road and
Sidewalk Project
347 Wilson, Frederica NW 187th Street City of Miami Miami FL 960000
to NW 199th Gardens Gardens
Street, from NW
Sunshine State
Parkway East to
NW 12th Avenue
Area-Road
Resurfacing,
Sidewalks, and
Drainage
Improvement
Project
348 Wilson, Frederica NW 191st to 199th City of Miami Miami FL 600000
Street and NW 2nd Gardens Public Gardens
to 7th Avenue Works Department
Roadway and
Sidewalk Project
349 Wilson, Frederica NW 199th to 202nd City of Miami Miami FL 960000
Street between NW Gardens Gardens
3rd and 15th
Avenue-Road
Resurfacing and
Sidewalks
Improvement
Project
350 Wilson, Frederica NW/NE 87th Street Village of El Village FL 132055
Corridor Portal of El 1
Portal
351 Wilson, Frederica Opa-locka Florida Opa-Locka FL 240000
Railroad Crossing Department of 0
Repair Transportation
352 Demings, Val Butler Orange Blossom MetroPlan Orlando Orlando FL 301247
Trail Sidewalks 2
Phase 2A
353 ............................. Palm Beach County Palm Tran Public Palm FL 830000
Bus Shelter Transit Agency Beach 0
Infrastructure County
Deutch, Theodore E. .................. .................. .......... .......... 300000
Frankel, Loi.................. .................. .......... .......... 800000
0
354 Frankel, Loi Palm Springs, FL, Village of Palm Palm FL 854550
Park Connector Springs, FL Springs
Pathway System
355 Demings, Val Butler Pine Hills Trail Orange County, Orlando FL 557000
Phase 2 from Florida
Silver Star Road
(SR 438) to
Clarcona-Ocoee
Road
356 Demings, Val Butler President Barack City of Orlando, Orlando FL 836000
Obama Parkway, FL 0
Phase 2, Orlando,
Florida
357 ............................. Rolling Stock South Florida Hallandal FL 900000
Regional e Beach, 0
Transportation Hollywood
Authority , Dania
Beach,
Fort
Lauderdal
e, Wilton
Manors,
Oakland
Park,
Pompano
Beach,
Deerfield
Beach and
Palm
Beach
County
Wasserman Schultz, Debbie .................. .................. .......... .......... 500000
0
Frankel, Loi.................. .................. .......... .......... 400000
0
358 Wilson, Frederica SMART Plan Beach Miami-Dade Miami FL 910000
Express (BERT) Department of 0
North Capital Bus Transportation
Purchase and Public Works
359 Crist, Charlie Solar-Powered Pinellas Suncoast St. FL 600000
Zero-Emission Bus Transit Authority Petersbur 0
and Facility g
Charging
Infrastructure
360 Law South City. City of Tallahass FL 240000
Transit Capital Tallahassee ee 0
Project StarMetro StarMetro
Modernization
361 Murphy, Stephanie Southcot Drive MetroPlan Orlando Casselber FL 189357
Sidewalk ry
362 Murphy, Stephanie SR 50 (Colonial) MetroPlan Orlando Orlando FL 917933
from Thornton Ave
to Mills Ave
363 Law SR 63 (US 27) Capital Region Tallahass FL 240000
Monroe Street Transportation ee 0
from John Knox Planning Agency
Road to Lakeshore (CRTPA)
Drive (Project ID
4450531)
364 Wasserman Schultz, Debbie SR-5/US-1/Federal Broward MPO Hollywood FL 189930
Hwy from Johnson 8
St. to SR-822/
Sheridan St.
365 Wasserman Schultz, Debbie SR-820/Pines Blvd Broward MPO Pembroke FL 500000
from W of SW Pines 0
136th Ave to E of
NW 118th Ave
366 Wasserman Schultz, Debbie SR-A1A from Broward MPO Hallandal FL 107535
Hallandale Beach e Beach, 0
Boulevard to Hollywood
Dania Beach , and
Boulevard Dania
Drainage Beach
Improvement
Project
367 Law StarMetro Bus City of Tallahass FL 180000
Replacement Tallahassee--Star ee 0
Metro
368 Wilson, Frederica SW 36th Street Broward MPO & West Park FL 160000
Complete Street City of West Park 0
Improvements
Project
369 Wilson, Frederica SW 52nd Avenue Broward MPO & West Park FL 602400
Complete Street City of West Park
Improvements
Project
370 Crist, Charlie Treasure Island City of Treasure Treasure FL 448000
Causeway Bridge Island Island 0
Project
371 Murphy, Stephanie University Orange County Orlando FL 100000
Boulevard at Dean Government 0
Road Intersection
Improvement
372 Deutch, Theodore E. University Drive Broward City of FL 500000
from NW 40th St. Metropolitan Coral 0
to Sawgrass Planning Springs
Expressway Organization
(MPO)
373 Murphy, Stephanie West Warren City of Longwood Longwood FL 400000
Avenue Complete
Street
374 Williams, Nikema Atlanta Beltline City of Atlanta / Atlanta GA 500000
Atlanta 0
Development
Authority
375 Bourdeaux, Carolyn Big Creek Forsyth County Cumming GA 300000
Greenway Phase 2 0
Renovation-Replac
ement
376 Bishop, Sanford D., Jr. Brennan Road Columbus Columbus GA 736000
Improvements Consolidated 0
Government
377 McBath, Luc Buford Highway City of Doraville Doraville GA 137385
Pedestrian 9
Improvements
378 Johnson, Henry C. ``Hank'', Bus/Paratransit Gwinnett County Snellvill GA 600000
Jr. Vehicle Department of e/ 0
Acquisition for Transportation Northern
Local Route 70 Dekalb
379 Williams, Nikema Cascade City of Atlanta Atlanta GA 100000
Multimodal 0
Corridor
380 Lou Cherokee Area Cherokee County Canton GA 240000
Transportation Board of 0
System Commissioners
Headquarters
381 Williams, Nikema City of Forest City of Forest Forest GA 200000
Park Pedestrian Park Park 0
Bridge
382 Bourdeaux, Carolyn City of Sugar City of Sugar Sugar GA 500000
Hill-s Highway 20 Hill Hill 0
Pedestrian Bridge
383 Scott, David Clayton Justice Metropolitan Jonesboro GA 496000
Center Transit Atlanta Rapid 0
Hub--Phase II Transit Authority
(MARTA)
384 Lou Cobb Parkway at Cobb County Kennesaw GA 350000
McCollum Parkway Department of 0
Road Realignment Transportation
385 McBath, Luc Cumberland Core Cobb County Atlanta GA 170000
Loop Government 0
386 Scott, David East West Cobb County Smyrna GA 450000
Connector Department of 0
Corridor Transportation
Improvement, Cobb
County GA
387 Williams, Nikema Emory-CDC Atlanta Regional Atlanta GA 550000
Intersection Commission
Project
388 Bishop, Sanford D., Jr. GDOT Project No. Georgia Americus GA 121695
0013752 Department of 8
Transportation
389 Bishop, Sanford D., Jr. GDOT Project No. Georgia Cuthbert GA 240528
0015563 Department of 0
Transportation
390 Bishop, Sanford D., Jr. GDOT Project No. Georgia Reynolds GA 160800
0015638 Department of 0
Transportation
391 Bishop, Sanford D., Jr. GDOT Project No. Georgia Arabi GA 568000
0015651 Department of
Transportation
392 Bishop, Sanford D., Jr. GDOT Project No. Georgia Talbotton GA 984000
0015652 Department of
Transportation
393 Scott, David Global Gateway City of College College GA 354235
Connector Park Park 5
394 Bourdeaux, Carolyn Gwinnett Place Gwinnett County Gwinnett GA 500000
Transit Center/ County 0
Mall of Georgia
local bus service
395 Scott, David I-20 Diverging Douglas County Douglasvi GA 500000
Diamond lle 0
Interchange at
Chapel Hill Road
396 Bourdeaux, Carolyn Lawrenceville Gwinett County Lawrencev GA 480000
Area Park and Transit ille 0
Ride Lot
397 Bishop, Sanford D., Jr. Macon Transit Macon-Bibb County Macon GA 260000
Authority Transit Authority 0
Electric Transit
and Paratransit
Vehicle Purchases
398 Johnson, Henry C. ``Hank'', MARTA Route 115-- Metropolitan Decatur GA 200000
Jr. Covington Highway Atlanta Rapid 0
Transit Authority
(MARTA)
399 Bourdeaux, Carolyn McDaniel Farm Gwinnett County Gwinnett GA 200000
Park Connector County 0
multi-use path
400 Williams, Nikema Metropolitan Metropolitan Atlanta GA 300000
Parkway Arterial Atlanta Rapid 0
Rapid Transit Transit Authority
(ART) (MARTA)
401 Johnson, Henry C. ``Hank'', New Bus Rapid Gwinnett County Snellvill GA 500000
Jr. Transit Service Dept. of e/Stone 0
along US 78 Transportation Mountain
402 Johnson, Henry C. ``Hank'', North Avondale City of Avondale Avondale GA 197556
Jr. Road Complete Estates Estates 0
Streets Project
403 Williams, Nikema Peachtree Creek City of Brookhave GA 338200
Greenway Brookhaven n 0
404 Carter, Earl L. Project DeRenne City of Savannah Savannah GA 200000
00
405 Bishop, Sanford D., Jr. Safety City of Albany Albany GA 368791
Improvements--Int
ersection of N
Westover Blvd at
Nottingham Way
406 Lou South Barrett Cobb County Kennesaw GA 200000
Parkway Reliever Department of 0
Transportation
407 Scott, David South Cobb Drive City of Smyrna Smyrna GA 250000
Corridor
408 McBath, Luc SR 120 (Abbotts City of Johns Johns GA 138000
Bridge Road) Creek Creek 00
Operational and
Safety
Improvements
409 Bishop, Sanford D., Jr. SR234 and City of Albany Albany GA 349295
Westover Blvd--
Add Westbound
Right Turn and
Southbound Left
410 Johnson, Henry C. ``Hank'', Stonecrest Metropolitan Stonecres GA 500000
Jr. Transit Hub Atlanta Rapid t 0
Transit Authority
(MARTA)
411 Bishop, Sanford D., Jr. Widen and Realign City of Albany Albany GA 250931
Intersection of 9
Sands Drive and
Radium Springs
412 Scott, David Windy Hill City of Smyrna Smyrna GA 500000
Boulevard and Cobb County
413 San Nicolas, Michael F. Q. Guam Public Guam Regional Hagatna GU 200000
Transit Transit Authority 00
Modernization--Bu
s Shelters
414 ............................. Bus and Handi Van Honolulu Honolulu HI 739840
Acquisition Department of 0
Program (Battery Transportation
Electric Buses; Services
Electrification
of Route 40)
Case, Ed .................. .................. .......... .......... 369920
0
Kahele, Kaiali'i .................. .................. .......... .......... 369920
0
415 Kahele, Kaiali'i Hanapepe Road County of Kauai Hanapepe HI 368000
Resurfacing 0
416 Case, Ed Hawaii Hawaii Department Multiple HI 400000
Recreational of Land and Cities 0
Trails Program Natural Resources
(Hawaii
Integrated Trail
System)
417 Case, Ed Interstate Route Hawaii State Honolulu HI 615000
H-1 Improvements, Department of 0
Eastbound, Ola Transportation
Lane Overpass to
Vineyard
Boulevard
418 Case, Ed Leeward Bikeway, Hawaii Department Honolulu HI 615000
Philippine Sea of Transportation 0
Road to Waipahu
Depot Street
419 Kahele, Kaiali'i Papalaua Street Maui County Maui HI 115400
(RTS 3020, MP 0
0.13-MP0.17)
Traffic Signal
Upgrade at Wainee
Street (Route
3015, MP 0.3-
MP0.34)
420 Kahele, Kaiali'i Waianuenue Avenue County of Hawaii Hilo HI 727749
Rehabilitation 9
421 Kahele, Kaiali'i Waimea to Kekaha Kauai County Hanapepe HI 200000
Shared Use Path 0
422 Kahele, Kaiali'i Wakea Avenue Maui County Maui HI 218600
(Route 3920, MP 0
0.70-MP 0.71) and
Kamehameha Avenue
(Route 3940, MP
0.91-MP0.92)
Intersection
Improvements
423 Miller-Meeks, Mariannette HIRTA Regional Heart of Iowa Waukee IA 232100
Transit Facility Regional Transit 0
Agency
424 Miller-Meeks, Mariannette In the City of Iowa Department Iowa City IA 994360
Iowa City, on of Transportation 0
Dodge Street,
from Burlington
Street north to
Governor Street.
425 Miller-Meeks, Mariannette Iowa 136 bridge Iowa Department Clinton IA 114480
replacement over of Transportation County 0
Elwood Creek 3.1
miles west of US
61 in Clinton
County
426 Miller-Meeks, Mariannette Marion County-- Marion County Marion IA 200000
County Road G28 County Engineer County 0
corridor and County Roads
Department
427 Miller-Meeks, Mariannette Red Rock Prarie Jasper County Prairie IA 900000
Trail (Iowa 117 Conservation City
to Co Rd S27)
428 Axne, Cynthia Bus Replacements Iowa DOT Des IA 500000
Across the Moinse 0
District
429 Axne, Cynthia Mills Civic City of West Des West Des IA 200000
Parkway Moines Moines 0
Improvements
430 Axne, Cynthia Red Oak Bridge Iowa DOT Red Oak IA 700000
Replacement
431 Axne, Cynthia Southeast City of Des Des IA 700000
Connector Moines Moines 0
432 Axne, Cynthia Traffic Incident Iowa DOT Johnston IA 488000
Management Center 0
at Camp Dodge--
Phase I
433 Simpson, Mike 1st Street City of Ammon Ammon ID 537570
Reconstruction 0
434 Simpson, Mike Center Street City of Pocatello ID 427700
Railroad Bridge Pocatello, ID 0
Underpass
435 Simpson, Mike Fort Hall Connect- Shoshone-Bannock Fort Hall ID 350000
Upgrade of Ross Tribes 0
Fork Road
436 Simpson, Mike I-15B (US-30) Idaho McCammon ID 171666
McCammon IC TO Transportation 0
Old US-91 Department
437 Simpson, Mike State Street Valley Regional Boise and ID 200000
Premium Corridor, Transit Garden 0
Part 2, Boise City
Area, Valley
Regional Transit
438 Bost, Mike Alton Avenue City of Madison Madison IL 624000
Reconstruction
439 Davis, Rodney Alton Road City of Carlinvil IL 616000
Reconstruction Carlinville le
Phase I & II
440 Davis, Rodney Brush College City of Decatur Decatur IL 200000
Road and Faries 0
Parkway Grade
Separation
441 Kinzinger, Adam Calhoun Street City of Morris City of IL 120000
Bridge Morris 0
Replacement
442 LaH Candy Lane City of Macomb Macomb IL 350000
0
443 Davis, Rodney Centennial Park Village of Heyworth IL 963540
Shared Use Path Heyworth
444 Bost, Mike Cloverleaf and City of Madison Madison IL 296000
East Madison
Subdivisions
Improvements
445 Davis, Rodney Curtis Road Grade Village of Savoy Savoy IL 329370
Separation & 0
Complete Streets
Project
446 Bost, Mike Dix Irvington Jefferson County Centralia IL 600000
Road Safety Highway
Project Department
447 Bost, Mike Dupo Interchange Village of Dupo Dupo IL 170000
0
448 Bost, Mike Edwardsville Road City of Wood Wood IL 668000
Resurfacing River River
Project
449 Bost, Mike Frank Scott St. Clair County Shiloh IL 125120
Parkway East Government 00
Extension
450 ............................. Hamilton Road City of Bloomingt IL 700000
East-West Bloomington on 0
Connection
Project
Davis, Rodney .................. .................. .......... .......... 350000
0
LaH.................. .................. .......... .......... 350000
0
451 Davis, Rodney Hilltop Road City of Springfie IL 440000
Multi-Use Trail Springfield ld
Extension Project
452 Davis, Rodney Lincoln Prairie City of Pana Taylorvil IL 487161
Trail Bridge le
Replacement
Project
453 Bost, Mike Madison Avenue Granite City Granite IL 759420
from 23rd Street Government City
to 27th Street
Resurfacing
454 Kinzinger, Adam Main Street Village of Roscoe Roscoe IL 388000
Reconstruction 0
Project
455 Bost, Mike Marissa--Main St. Village of Marissa IL 476000
Resurfacing Marrisa
456 LaH Pioneer Parkway Peoria, Illinois Peoria IL 500000
Reconstruction 0
457 LaH Prospect Road VIllage of Peoria Peoria IL 600000
Revitalization Heights Heights 0
458 Davis, Rodney Reas Bridges Macon County Decatur IL 350000
Replacement 0
Project over Lake
Decatur
459 Davis, Rodney Reconstruction of City of Staunton Staunton IL 156945
Main Street from 6
Elm Street to
Madison Street
460 Bost, Mike Resurfacing of Williamson County Williamso IL 352000
County Highway 16 n County
in Williamson
County
461 Bost, Mike Resurfacing of City of Marion Marion IL 572000
Main Street,
Bainbridge Trail,
and Penecost
Streets
462 Kinzinger, Adam Riverside Winnebago County Loves IL 149200
Boulevard Highway Park and 00
Reconstruction Department Rockford
and Widening
(Phase II and
III)
463 Davis, Rodney Royal Lakes Road Village of Royal Royal IL 23408
Rehabilitation Lakes Lakes
Project
464 Bost, Mike Spotsylvania Village of New New IL 452000
Street Athens Athens
Improvements
465 Davis, Rodney Stanford Avenue City of Springfie IL 127903
Reconstruction Springfield ld 5
from 11th Street
to Fox Bridge
Road
466 Bost, Mike Structure City of Carbondal IL 504000
Replacement Over Carbondale e
Piles Fork Creek
467 Davis, Rodney US 67 Widening Illinois Jerseyvil IL 120000
from Delhi Bypass Department of le 0
Project to Transportation
Crystal Lake Rd.
468 Davis, Rodney West Main Cross City of Taylorvil IL 112770
Street Taylorville le 0
Improvements from
Webster Street to
Shumway Street
469 LaH Western Road-- Marshall County Henry IL 200000
Marshall County 0
470 Davis, Danny K. 118 N Clark Cook County Chicago IL 270000
Pedway Extension Department of 0
Transportation
471 Newman, Marie 143rd St Village of Orland Orland IL 924770
Expansion--West Park Park 2
Ave to SW Highway
472 ............................. 143rd St from IL Village of Plainfiel IL 620000
59 to IL 126 Plainfield d 0
Foster, Bill .................. .................. .......... .......... 370000
0
Underwood, Lau.................. .................. .......... .......... 250000
0
473 Garcia, Jesus G. ``Chuy'' 34th Street Road City of Berwyn Berwyn IL 502232
Modernization and 3
Stormwater
Management
Improvements
Phase I Design
474 Quigley, Mike 606 Extension-- Cook County Chicago IL 144000
Ashland Ave to Department of 0
Elston Ave Transportation
and Highways
475 Foster, Bill 75th Street from DuPage County Napervill IL 648560
Milbrook Drive to e
Greene Road
476 Rush, Bobby L. 80th Ave from Will County Tinley IL 150000
191st to 183rd St Park 0
Lane Improvements
477 Bustos, Cheri 9th Street Two- City of Rockford Rockford IL 405000
Way Conversion 0
(Whitman
Interchange)
478 Underwood, Lau Algonquin Road McHenry County Spring IL 240000
(Various Division of Grove 0
Intersections) Transportation
and Wilmot Road
at Main Street
Intersection
Improvements
479 Quigley, Mike All Stations Chicago Transit Chicago IL 433000
Accessibility Authority 0
Program--Blue
Line Irving Park
480 Garcia, Jesus G. ``Chuy'' Arterial Chicago Chicago IL 935767
Resurfacing Department of 7
Transportation
481 Davis, Danny K. Berkeley Village of Chicago IL 424500
Industrial Berkeley
Pedestrian
Connector
482 Casten, Sean Bike Path along Lake County Hawthorn IL 100000
Quentin Road Woods/ 0
Lake
Zurich
483 Underwood, Lau Bliss Rd/Fabyan Kane County Geneva IL 700000
from Fabyan to 0
Bliss Rd
484 Kelly, Robin Butler Drive Cook County Chicago IL 450000
Department of 0
Transportation
and Highways
485 Krishnamoorthi, Raja Central Road: Cook County Hoffman IL 200000
Barringon Rd to Department of Estates 0
Huntington Blvd Transportation
and Highways
486 Davis, Danny K. City of Berwyn, IL, Village of Chicago IL 196746
16th Street Berwyn 8
Rehabilitation
Project
487 Bustos, Cheri City of Peoria City of Peoria Peoria IL 500000
Adams/Jefferson 2- 0
Way Conversion
488 Kelly, Robin Columbia Bridge Chicago Chicago IL 200000
Department of 0
Transportation
489 Garcia, Jesus G. ``Chuy'' CTA--ASAP Chicago Transit Chicago IL 337000
(Belmont Station) Authority 0
490 Schakowsky, Jan CTA Red Line-- Chicago Transit Chicago IL 360000
Loyola Station Authority 0
Improvements
491 Underwood, Lau DeKalb Traffic City of DeKalb DeKalb IL 570000
Signal Upgrades
492 Davis, Danny K. Division Street The Village of Oak Park IL 200000
Resurfacing Oak Park 0
493 Krishnamoorthi, Raja Dundee Ave City of Elgin Elgin IL 590000
Reconstruction 0
494 Casten, Sean East Branch DuPage County Lombard IL 120000
DuPage River 0
Trail
495 Foster, Bill East New York City of Aurora Aurora IL 113830
Street from North 0
Farnsworth Ave to
Welsh Drive
496 Krishnamoorthi, Raja Fullerton Avenue Village of Glendale IL 696500
between N Schmale Glendale Heights Heights
Rd and
Bloomingdale Rd
497 Foster, Bill Gougar Road from Will County Joliet IL 270000
Laraway Road to and New 0
Francis Road Lenox
498 Bustos, Cheri Greater Downtown City of East East IL 494600
Master Plan Phase Moline Moline 0
4A
499 Foster, Bill Hobson Rd 63rd St DuPage County Woodridge IL 490000
from Woodridge Dr
to Janes Ave
500 Davis, Danny K. Homan Corridor City of Chicago Chicago IL 500000
Improvements
501 Newman, Marie I-294 103rd Cook County Chicago IL 500000
Street Department of Ridge 0
Interchange Transportation
and Highways
502 Rush, Bobby L. I-294 Crestwood/ Cook County Crestwood IL 480000
Robbins Department of and 0
Interchange Transportation Robbins
and Highways
503 Kelly, Robin I-57 Interchange Illinois Unincorpo IL 450000
near Mile Marker Department of rated 0
332 (Between Transportation Will
Harlem Avenue and County
Pauling Road)
504 Newman, Marie IL 171 (State City of Lockport Lockport IL 140000
Street) 0
Pedestrian Safety
Improvements
505 Casten, Sean IL 38/Roosevelt DuPage County Wheaton IL 480000
Road at 0
Naperville Road
506 Kelly, Robin IL 50 from S of Illinois Kankakee IL 500000
Brookmont Blvd to Department of 0
N of US 45/52 & Transportation
Indiana Ave to
Fair St in
Kankakee
507 Schneider, Bradley Scott IL-21 Milwaukee Village of Glenview IL 200000
Ave Improvements Glenview in 0
(Glenview) coordination with
the Illinois
Department of
Transportation
508 Krishnamoorthi, Raja IL-62 Algonquin City of Rolling Rolling IL 226935
Rd at New Wilke Meadows, Village Meadows
Rd Intersection of Arlington
Improvements Heights
509 Davis, Danny K. Jackson Blvd Village of Forest Chicago IL 800000
Resurfacing Park
(Desplaines to
Harlem Ave)
510 Davis, Danny K. Kedzie and Lake City of Chicago Chicago IL 500000
improvements
511 Krishnamoorthi, Raja Lake Cook Road Cook County Mount IL 300000
(IL-53 to Raupp Department of Prospect 0
Blvd) Transportation and
and Highways Desplains
512 Krishnamoorthi, Raja Lombard Rd Village of Addison IL 900000
Resurfacing and Addison
Improvements
513 Davis, Danny K. Madison Street Village of Bellwood IL 110720
Resurfacing Bellwood 0
514 Underwood, Lau Main Street City of Batavia Batavia IL 600000
Reconstruction
from Randall Road
to Van Nortwick
Avenue
515 Bustos, Cheri McConnell Road Stephenson County Freeport IL 252820
Intersection and 0
Roadway
Improvements
516 ............................. Metra Zero Metra (subsidiary Chicago IL 120000
Emission Vehicle of the Regional Region 00
Pilot Transportation
Authority)
Krishnamoorthi, Raja .................. .................. .......... .......... 100000
0
Foster, Bill .................. .................. .......... .......... 500000
0
Schneider, Bradley Scott .................. .................. .......... .......... 600000
0
517 Newman, Marie Midway Bus Chicago Transit Chicago IL 550000
Terminal Authority
Electrification
Concept Design
518 Schakowsky, Jan N Lake Shore City of Chicago Chicago IL 200000
Drive 0
Improvements
519 Schneider, Bradley Scott North Chicago City of North North IL 508080
Pace Route Access Chicago Chicago
520 Newman, Marie Oak Park Avenue-- Village of Worth, Worth IL 520000
111th St to 107th IL
St
521 Quigley, Mike Pace Cermak Road Pace Suburban Bus Westchest IL 390000
Transit Signal er, Oak
Priority Brook and
Oakbrook
Terrace
522 Schakowsky, Jan Pace Pulse Line-- Pace Suburban Bus Morton IL 400000
Harlem Avenue Grove
Traffic Signal
Improvements
523 Rush, Bobby L. Pace Pulse South Pace, the Chicago, IL 900000
Halsted Line Suburban Bus Riverdale
Division of the , and
Regional Harvey
Transportation
Authority
524 Garcia, Jesus G. ``Chuy'' PACE Transit PACE Chicago IL 900000
Signal Priority
525 Krishnamoorthi, Raja Park Blvd Village of Streamwoo IL 220783
Resurfacing Streamwood d
526 Schneider, Bradley Scott Patriot Path Lake County Lake IL 979464
Division of County 0
Transportation
527 Bustos, Cheri Proposed Midwest City of Galena Galena IL 200000
Medical Center 0
Entrance and
Highway
Improvements
528 Davis, Danny K. Pulaski Corridor City of Chicago Chicago IL 500000
Improvements
529 Rush, Bobby L. Pulaski Road: Cook County Alsip, IL 250000
127th St to 159th Department of Crestwood 0
St Transportation ,
and Highways Midlothia
n,
Markham,
and
Robbins
530 Schakowsky, Jan Rand US-12 / Village of Mount Mount IL 450000
Kensington / IL- Prospect Prospect 0
83 Intersection
Improvements
531 Krishnamoorthi, Raja Rand/Central/Mt Village of Mount Mount IL 371000
Prospect Road Prospect Prospect
Intersection and
Improvements Desplains
532 Casten, Sean Randall and Hopps Kane County Elgin IL 500000
Road Intersection 0
533 Casten, Sean Randall Road from McHenry County Lake in IL 200000
Alexandra Blvd to the Hills 0
Polaris Dr/Acorn
Ln
534 Quigley, Mike Rehabilitative Illinois Franklin IL 588000
Resurfacing of Department of Park
Belmont Avenue-- Transportation
25th Ave to W of
Elm St, Fran
535 Quigley, Mike Rehabilitative Illinois Elmwood IL 792000
Resurfacing of Department of Park, 0
Ill 64 North Ave-- Transportation Melrose
I-294 to Harlem Park,
Ave & N Frontage Northlake
Rd--7th Ave to , River
5th Ave Forest,
River
Grove
536 Krishnamoorthi, Raja Rodenburg Road Village of Roselle IL 928000
Corridor Schaumburg,
Improvement Village of
Project Roselle
537 Krishnamoorthi, Raja Schick Road Village of Hanover IL 257045
Resurfacing Hanover Park Park
538 Schakowsky, Jan Skokie Valley Cook County Skokie IL 352680
Trail Path Department of 0
Improvements Transportation
539 Casten, Sean Spring Street Village of South South IL 171264
Resurfacing Elgin Elgin
540 Rush, Bobby L. Study of S. City of Chicago Chicago IL 800000
Chicago/79th St/
Stony Island
Intersection
541 Krishnamoorthi, Raja Tonne Road Elk Grove Village Elk Grove IL 430000
Reconstruction--N Village 0
orthern Section
542 Garcia, Jesus G. ``Chuy'' Traffic Signal Chicago Chicago IL 135000
Modernization--Ci Department of 0
ty of Chicago Transportation
543 Underwood, Lau US Route 20 and City of Elgin Elgin IL 120000
Reinking Road 0
Roundabout
544 Kelly, Robin US Route 30 at Illinois Matteson IL 400000
Illinois Route 50 Department of 0
Transportation
545 Davis, Danny K. Washington Village of Maywood IL 142400
Boulevard Maywood 0
Improvements--21s
t Avenue to 9th
Avenue
546 ............................. Weber Road from Will County Romeovill IL 210000
135th Street to e 0
Airport Road
Foster, Bill .................. .................. .......... .......... 100000
0
Newman, Marie .................. .................. .......... .......... 110000
0
547 Casten, Sean West Branch Forest Preserve West IL 500000
DuPage River District of Chicago
Trail Connection DuPage County
from West DuPage
Woods Forest
Preserve to
Blackwell Forest
Preserve
548 Rush, Bobby L. Western Avenue Cook County Blue IL 450000
Grade Separations Department of Island, 0
Transportation Posen,
and Highways and
Dixmoor
549 ............................. Wolfs Crossing Village of Oswego Oswego IL 482200
Road from US 34 0
Chicago Road to
Eola Road--
Douglas Road
Intersection
Foster, Bill .................. .................. .......... .......... 361650
0
Underwood, Lau.................. .................. .......... .......... 120550
0
550 Underwood, Lau Woodstock County of McHenry Woodstock IL 400000
Railyard 0
Relocation &
Expansion
551 ............................. Zero Emission Metra (subsidiary Blue IL 700000
Locomotive of the Regional Island, 0
Commuter Rail Transportation Chicago,
Pilot Authority) Joliet,
Midlothia
n,
Mokena,
New
Lenox,
Oak
Forest,
Robbins,
Tinley
Park
Davis, Danny K. .................. .................. .......... .......... 200000
0
Rush, Bobby L. .................. .................. .......... .......... 500000
0
552 Schneider, Bradley Scott Zion 27th Street City of Zion Zion IL 920320
Resurfacing
553 Mrvan, Frank Added Travel Lake County Board Unincorpo IN 150000
Lanes at 45th of Commissioners rated 0
Avenue Lake
County
554 Mrvan, Frank Central Avenue City of Portage, Portage IN 200000
Road Indiana 0
Reconstruction
555 Carson, Andre IndyGo EV IndyGo Indianapo IN 774000
Charging Stations lis
556 Mrvan, Frank Kennedy Avenue Little Calumet Highland IN 810000
Bridge River Basin and 0
Replacement Development Hammond
Commission
557 Carson, Andre Monument Circle/ City of Indianapo IN 128640
Market Street Indianapolis, DPW lis 00
Reconstruction
558 Mrvan, Frank Willowcreek Road Porter County Unincorpo IN 741120
Extension Board of rated 0
Comissioners Porter
County
559 Estes, Ron Bridge Sedgwick County Sedgwick KS 360000
Replacement on County 0
151st Street West
over the
Ninnescah River
(B485)
560 LaT Centennial Bridge Kansas Department Leavenwor KS 100000
Replacement of Transportation th 0
561 LaT K-7 Bourbon Kansas Department Fort KS 200000
County of Transportation Scott 0
562 LaT K-7 Crawford Kansas Department Girard KS 200000
County of Transportation 0
563 Estes, Ron Reconstruction of Sedgwick County Sedgwick KS 320000
151st St West County 0
between 53rd St
North and Highway
K-96 (R356)
564 Estes, Ron Reconstruction of Sedgwick County Sedgwick KS 880000
the South Half County
Mile of 135th
Street West
between 53rd and
61st Streets
North (R348)
565 LaT Route 458e Douglas County Lawrence KS 750000
Improvements
566 LaT SW Topekae City of Topeka Topeka KS 148000
Boulevard (21st 0
to 29th) Street
Resurfacing
567 LaT TopekaJake Topeka Topeka KS 300000
Metropolitan Bus Metropolitan 0
Replacement Transit Authority
568 LaT US-169 Neosho Kansas Department Thayer KS 300000
County of Transportation 0
569 LaT US-400 Cherokee Kansas Department Cherokee KS 200000
County of Transportation 0
570 Estes, Ron US-400 Greenwood Kansas Department Greenwood KS 500000
County (KDOT of Transportation County 0
Project Number
400-037 KA-5790-
01)
571 LaT US-56 Douglas Kansas Department Baldwin KS 300000
County of Transportation City 0
572 LaT Wakarusa Drive City of Lawrence Lawrence KS 100000
Reconstruction 0
573 LaT Washington Creek Douglas County Lawrence KS 400000
Bridge
Replacement
574 Estes, Ron West Kellogg/US- City of Witchita Wichita KS 180000
54/400 Expansion 0
575 Davids, Sharice U.S. 69/167th St. Kansas Department Overland KS 150000
Interchange of Transportation Park 00
Improvement
Project
576 Massie, Thomas Congestion City of Covington Covington KY 200000
reduction and 0
traffic
improvement
project on KY-17/
Scott Boulevard/
Greenup Street
577 Guthrie, Brett Extend KY 3155 Kentucky Leitchfie KY 320000
from the southern Transportation ld, 0
Intersection at Cabinet (SYP Item Grayson
KY 259 westerly Number 4-8954) County
to KY 54
578 Yarmuth, John I-65 SB Ramp to Louisville Metro Louisvill KY 960000
Brook St Government e 0
579 Guthrie, Brett Improve KY 54 Kentucky Owensboro KY 460000
from west of the Transportation , Daviess 0
US 60 Bypass to Cabinet County
CR 1021
580 Rodgers, Harold Improve KY 461 Kentucky Mount KY 182000
from US 150 to US Transportation Vernon, 00
25 Cabinet Rockcastl
e County
581 Rodgers, Harold Improve US 421 Kentucky Cranks, KY 960000
near the Virginia Transportation Harlan
State Line Cabinet County
582 Guthrie, Brett Improve westbound Kentucky Lewisport KY 320000
lanes of US 60 Transportation , Hancock 0
from KY 1957 to Cabinet (SYP Item County
KY 6106 Number 2-226)
583 Guthrie, Brett KY 335 Kentucky Horse KY 320000
improvements from Transportation Cave, 0
US 31W south of Cabinet (SYP Item Hart
KY 218 to I-65 Number 4-441) County
584 Massie, Thomas KYCT project 6- KYCT Boone KY 520000
80101, KY -18 / County 0
Superstreet
construction
585 Massie, Thomas KYTC Project 6- Kenton County Kenton KY 120640
162.40, KY-536 Fiscal Court County 00
from Williamswood
Rd. to Calvery
Dr. to KY-17
586 Barr, Andy Newtown Pike Kentucky Lexington KY 200000
Extension Transportation 00
Project--Phase Cabinet
III Scott Street
Connector
587 Guthrie, Brett Reconstruction of Kentucky Mount KY 480000
KY 44 from US 31E Transportation Washingto 0
to KY 1319 Cabinet (SYP Item n, Bullit
Number 5-347.50) County
588 Yarmuth, John Reimagine 9th Louisville Metro Louisvile KY 500000
Street Government 0
589 Yarmuth, John Smart Signal Louisville Metro Louisvill KY 290000
Network Government e 0
590 Yarmuth, John Traffic Calming Kentucky Louisvill KY 240000
Measures for Transportation e 0
Shelby Park and Cabinet
Smoketown
Neighborhoods
591 Graves, Garret Audubon Ave City of Thibodaux Thibodaux LA 468510
OVLY:LA 1 to
Terrebonne P/L
592 Higgins, Clay I-10 (Calcasieu Louisiana Lake LA 100000
River Bridge / Department of Charles 00
Approach) Transportation
593 Higgins, Clay I-49 Lafayette Louisiana Lafayette LA 100000
Connector Department of 00
Transportation
and Development
594 Carter, Troy A. LA 3127 Louisiana St. James LA 100000
Department of Parish 00
Transportation
and Development
595 Carter, Troy A. LA 428, General Louisiana New LA 856000
Meyer Blvd Department of Orleans 0
Transportation
and Development
596 Graves, Garret MRB South GBR: LA Louisiana Baton LA 160000
1 to LA 30 Department of Rouge 0
Connector- Transportation
Environmental and Development
Evaluation
597 Graves, Garret MRB South GBR: LA Louisiana Baton LA 800000
1 to LA 30 Department of Rouge 0
Connector (Pre- Transportation
Engineering and Development
Design)
598 McGovern, James P. Amherst Town Town of Amherst Amherst MA 134400
Common 0
Transportation
and Mobility
Improvements
599 Neal, Richard E. Barker Road City of Pittsfiel MA 100000
Bridge Project Pittsfield, MA d 0
600 Auchincloss, Jake Beacon Street Town of Brookline MA 200000
Bridle Path Brookline, 0
Massachusetts
601 Clark, Katherine M. Belmont Community Town of Belmont Belmont MA 350000
Path 0
602 McGovern, James P. Blackstone Valley Massachusetts Blackston MA 813084
Multi-Use Path Department of e 2
Phase 1, Segment-- Conservation and
2 Recreation (DCR)
603 Clark, Katherine M. Blue Line Signal MBTA Revere, MA 600000
Program Boston 0
604 Keating, William R. Bourne Rail Trail Town of Bourne Bourne MA 147286
80
605 Lyn Brockton Area Brockton Area Brockton MA 292000
Transit--Buy Transit 0
Replacement 35'
Bus (6)
606 Lyn Brockton Area Brockton Area Brockton MA 316000
Transit--Buy Transit 0
Replacement 35'
Electric Bus (5)
607 Lyn Brockton Area Brockton Area Brockton MA 480000
Transit--Purchase Transit
Misc. Electric
Power Equipment
608 Auchincloss, Jake Christina Street City of Newton Newton MA 160000
Rail Bridge and Town of 0
Needham
609 Lyn Columbian Square Town of Weymouth Weymouth MA 300000
Intersection 0
Improvements
610 Keating, William R. Court and Cherry Town of Plymouth Plymouth MA 200000
Street 0
Intersection
Improvement
611 Pressley, Ayanna Davis Square Massachusetts Somervill MA 100000
Transit Signal Department of e
Priority Project Transportation
612 Neal, Richard E. Division Street Town of Great Great MA 200000
Bridge Project Barrington Barringto 0
n
613 ............................. Double-Tracking Massachusetts Bay Andover MA 580000
on Haverhill Line Transportation and 0
in Massachusetts Authority Wilmingto
n
Moulton, Seth .................. .................. .......... .......... 290000
0
Trahan, Lor.................. .................. .......... .......... 290000
0
614 Keating, William R. Drift Road at Town of Westport Westport MA 600000
Kirby Brooke
Replacement
Project
615 Moulton, Seth Fiske Street and Tewksbury Tewksbury MA 456000
Andover Street Department of
Sidewalk and Public Works
Street
Improvements
616 Neal, Richard E. Glendale Street City of Easthampt MA 100000
Bridge Project Easthampton, MA on 0
617 Neal, Richard E. Intersection Massachusetts Southbrid MA 100000
Improvements at Department of ge 0
Central Street, Transportation
Foster St, Hook
St, Hamilton St
618 Trahan, Lor Intersection Massachusetts Ashby MA 100000
improvements at Department of 0
Greenville Road Transportation
(Rte 31) and
Turnpike Road
619 Trahan, Lor Intersection Massachusetts Acton MA 110000
Improvements at Department of 0
Massachusetts Transportation
Avenue (Route
111) and Main
Street (Route 27)
(Kelley's Corner)
620 Trahan, Lor Intersection Massachusetts Methuen MA 100000
improvements at Department of 0
Riverside Drive Transportation
and Burnham Road
621 McGovern, James P. Intersection Town of Sterling Sterling MA 320000
Improvements at
Route 140/Route
62
622 Trahan, Lor Intersection Massachusetts Ayer and MA 100000
Improvements on Department of Littleton 0
Route 2A at Transportation
Willow Road and
Bruce Street
623 Trahan, Lor Intersection Massachusetts Haverhill MA 100000
reconstruction on Department of 0
Rte 108 (Newton Transportation
Road) at Rte 110
(Kenoza Ave. and
Amesbury Road)
624 Neal, Richard E. James Street City of Chicopee, Chicopee MA 200000
Project MA 0
625 Clark, Katherine M. Lake Cochituate Town of Natick Natick MA 307872
Path 2
626 McGovern, James P. Leyden Road City of Greenfiel MA 184000
Sidewalk Greenfield d 0
Construction
627 Moulton, Seth Lynn Commuter Massachusetts Bay Lynn MA 100000
Rail Station Transportation 00
Rehabilitation Authority
628 Pressley, Ayanna McGrath Highway Massachusetts Somervill MA 500000
Road Diet / Department of e
Protected Bike Transportation
Lane Project
629 Lyn Merrymount Bridge City of Quincy Quincy MA 600000
Reconstruction 0
Project
630 Clark, Katherine M. MetroWest MetroWest Framingha MA 160000
Regional Transit Regional Transit m 0
Authority Blandin Authority (MWRTA)
Back Entrance
(MWRTA BEB
Project)
631 Trahan, Lor New vans for Merrimack Valley Haverhill MA 375000
elderly and those Regional Transit
with disabilities Authority
632 Neal, Richard E. North Adams City of North North MA 200000
Adventure Trail Adams, MA Adams 0
633 Moulton, Seth Peabody Canal Peabody Peabody MA 664298
Riverwalk Department of 0
Construction Community
Development and
Planning
634 Lyn Planning and. City of Boston Boston MA 250000
Design for 0
protecting
critical
transportation
infrastructure
and improving
pedestrian access
to the Northern
Avenue Bridge and
along the Fort
Point Channel
635 Clark, Katherine M. Reconstruction Town of Winthrop Winthrop MA 505849
and Related Work 3
Along Revere
Street Corridor
636 Trahan, Lor Reconstruction Massachusetts Lowell MA 300000
and related work Department of 0
on VFW Highway Transportation
637 Trahan, Lor Reconstruction of Massachusetts Littleton MA 200000
Foster Street Department of 0
Transportation
638 Auchincloss, Jake Regional Bike and Town of North North MA 150000
Walking Trail Attleborough Attleboro 0
(North ugh
Attleborough
Branch)
639 Trahan, Lor Rehab Fitchburg Montachusett Fitchburg MA 400000
Intermodal Center Regional Transit
Authority
640 McGovern, James P. Rehabilitation & Town of Shrewsbur MA 800000
Box Widening on Shrewsbury y 0
Route 20, from
Route 9 to South
Street
641 Trahan, Lor Rehabilitation of Massachusetts Westford MA 200000
Boston Road Department of 0
Transportation
642 Trahan, Lor Replace diesel Lowell Regional Lowell MA 624800
bus with hybrid Transit Authority
bus
643 Trahan, Lor Replace fueling Lowell Regional Lowell MA 775200
station at 100 Transit Authority
Hale Street
644 Trahan, Lor Riverbank Merrimack Valley Haverhill MA 725000
stabilization Regional Transit
construction at Authority
MVRTA bus garage
and
administration
building
645 Trahan, Lor Roadway Massachusetts Ashburnha MA 100000
rehabilitation on Department of m 0
route 101 south Transportation
(Ashburnham)
646 Neal, Richard E. Route 131 Bridge Massachusetts Dudley MA 100000
Project Department of 0
Transportation
647 Pressley, Ayanna Route 28 / Route City of Somervill MA 300000
38 Intersection Somerville e 0
Safety
Improvements
Project
648 Pressley, Ayanna Ruggles Station Massachusetts Bay Roxbury MA 300000
State of Good Transportation 0
Repair Authority
Improvements
649 Lyn Stoughtonn F. Town of Stoughton Stoughton MA 184000
Intersection 0
Improvements at
Canton St. (Route
27), School St.,
and Summer St.
650 Neal, Richard E. Sturbridge Massachusetts Sturbridg MA 100000
Roundabout Department of e 0
Construction Transportation
651 Trahan, Lor Sudbury-Concord Massachusetts Concord MA 100000
Bike Path Department of 0
Construction Transportation
(Bruce Freeman
Trail)
652 Auchincloss, Jake Taunton River City of Taunton Taunton MA 480000
Trail 0
653 Neal, Richard E. Union Station City of Springfie MA 600000
Regreening & Springfield, MA ld 0
Lighting Project
654 Auchincloss, Jake Walnut Street Town of Foxboroug MA 200000
Signalization Foxborough h 0
Project
655 Pressley, Ayanna Warren Street / Massachusetts Boston MA 120000
Blue Hill Avenue Department of 00
Multi-modal Transportation
Corridor Phase I
656 Keating, William R. West Rodney City of New New MA 237368
French Bedford Bedford 0
Improvement
Project
657 Auchincloss, Jake West Street/Route Town of Medfield Medfield MA 144000
27 Intersection 0
Reconstruction
658 ............................. Baltimore Baltimore City Baltimore MD 132000
Greenway Trails Department of City 00
Network: Critical Transportation
Corridor
Advancements
Mfume Kweisi .................. .................. .......... .......... 440000
0
Ruppersberger, C. A. Dutch .................. .................. .......... .......... 440000
0
Sarbanes, John .................. .................. .......... .......... 440000
0
659 Raskin, Jamie Bicycle-Pedestria Montgomery County Montgomer MD 650000
n Priority Area Department of y County 0
Improvements--Pur Transportation
ple Line (TIP
3642 Pedestrian
Safety Program)
660 Sarbanes, John Dobbin Road Howard County, Columbia MD 320000
Pathway Office of 0
Transportation
661 ............................. Dual Locomotives Maryland Baltimore MD 200000
for Commuter Rail Department of City 0
Service in the Transportation
Future B&P Tunnel Maryland Transit
Administration
Brown, Anthony .................. .................. .......... .......... 100000
0
Mfume Kweisi .................. .................. .......... .......... 100000
0
662 ............................. East-West Maryland Transit Baltimore MD 150000
Priority Corridor Administration 00
and Baltimore
City Department
of Transportation
Mfume Kweisi .................. .................. .......... .......... 500000
0
Ruppersberger, C. A. Dutch .................. .................. .......... .......... 500000
0
Sarbanes, John .................. .................. .......... .......... 500000
0
663 ............................. Electric Bus Montgomery County Rockville MD 499200
Grants Department of , Silver 0
Transportation Spring
Raskin, Jamie .................. .................. .......... .......... 193700
0
Trone, David .................. .................. .......... .......... 178000
0
Sarbanes, John .................. .................. .......... .......... 127500
0
664 Trone, David Fayette Street Mayor/City Cumberlan MD 480000
Bridge Council of d 0
Replacement Cumberland MD
665 Raskin, Jamie Frederick and Frederick County City of MD 256000
Pennsylvania Government Frederick 0
Railroad Trail and
Walkersvi
lle
666 Mfume Kweisi Howard County Howard County, Columbia MD 320000
Flash Extension Maryland 0
667 Trone, David I-81 Phase 2 Maryland DOT Hagerstow MD 462000
Reconstruction n 0
668 Hoyer, Steny H. Interstate 95/ Maryland Greenbelt MD 200000
Greenbelt METRO/ Department of 00
MARC Station Transportation/
Access and Prince George's
Redevelopment County Department
Project of Transportation
669 Mfume Kweisi MicroTransit & Baltimore County Owings MD 201901
Demand Response Department of Mills 2
Electric Transit Public Works and
Vehicles and Maryland
Infrastructure Department of
Transportation
Maryland Transit
Administration
670 Brown, Anthony New Carrollton Prince George's Landover MD 184800
Metro/MARC/Amtrak/ County 00
Purple Line
Multimodal
Transit District
Right-of-Way
Improvements
671 Ruppersberger, C. A. Dutch Northwest Baltimore County Owings MD 800000
Expressway (I- DPW and MDOT-SHA Mills
795) at Dolfield
Boulevard
Interchange
Redesign
672 Sarbanes, John Parole Anne Arundel Annapolis MD 200000
Transportation County 0
Center
673 Ruppersberger, C. A. Dutch US 1 Safety Howard County, North MD 320000
Projects Maryland Laurel, 0
Savage,
Jessup,
Elkridge
674 Trone, David US 15 Frederick Maryland DOT Frederick MD 880000
Freeway 0
Reconstruction
675 Sarbanes, John US 29 Rapid Montgomery County Silver MD 400000
Transit Department of Spring 0
Improvements--Pha Transportation
se 2 Design
676 Raskin, Jamie Veirs Mill / MCDOT Rockville MD 600000
Randolph Bicycle 0
& Pedestrian
Priority
Improvements
677 Ruppersberger, C. A. Dutch Woodley Road Harford County, Aberdeen MD 500000
Extension to MD Maryland 0
715
678 Pingree, Chellie Berwick Route 9-- Kittery Area Berwick ME 800000
Intersection Comprehensive
Improvements Transportation
System (PACTS)
679 Pingree, Chellie Casco Bay Lines Casco Bay Lines Portland ME 750000
Replacement Ferry Transit District 0
680 Pingree, Chellie Maine State Ferry Maine Department Rockland ME 750000
Vessel of Transportation 0
Replacement
681 Golden, Jared Milo, Sebec River MaineDOT Milo ME 800000
Bridge 0
Replacements and
Village
Improvements
682 Golden, Jared New Transit Hub City of Bangor-- Bangor ME 327600
Community
Connector
683 Pingree, Chellie Sanford SRTS Maine Department Sanford ME 400000
Multi-Use Trail of Transportation
684 Pingree, Chellie Sanford US Route Maine Department Sanford ME 360000
202/State Route of Transportation 0
4A
685 Golden, Jared U.S. Route 1 MaineDOT Van Buren ME 107000
Improvements 00
686 Lev 10 Mile Signal City of Center Center MI 550068
Modernization Line Line
687 Lev 14 Mile Rd Village of Beverly MI 120808
Rehabilitation, Beverly Hills Hills 0
Lahser to
Evergreen
688 Lev 14 Mile Road City of Roseville Roseville MI 310000
0
689 McClain, Lis 21 Mile Road Macomb Township Macomb MI 161680
Bridge Township 0
Replacement over
the Gloede Drain
690 Walberg, Tim Airport Road Jackson County Blackman MI 493000
Rehabilitation DOT Township, 0
Project Jackson
County
691 Stevens, Haley Beck Road City of Wixom Wixom MI 186120
Business Corridor 00
Railroad Grade
Crossing Safety
Project
692 Law Bridge andda Michigan Detroit MI 183881
Pedestrian Department of 2
Facility Upgrades Transportation
on the Detroit
Riverwalk
693 Kildee, Dan Bristol Road and Genesee County Flint MI 700000
Van Slyke Road Road Commission Township
Concrete Pavement
Reconstruction
Project
694 Kildee, Dan Bristol Road: City of Burton Burton MI 124800
Mill and 0
Resurface
695 Slotkin, Elissa Burcham Dr. City of East East MI 101783
Lansing Lansing 8
696 Kildee, Dan Center Road Genesee County Genesee MI 600000
Reconstruction Road Commission Township
Project
697 Slotkin, Elissa Coolidge Rd (Road City of East East MI 883359
Rehabilitation Lansing Lansing
and Bike Lanes)
698 Meijer, Peter Division Avenue City of Grand Grand MI 420000
Project Rapids Rapids 0
699 Slotkin, Elissa E Michigan Avenue City of Lansing Lansing MI 258912
1
700 Kildee, Dan Feher Drive City of Montrose Montrose MI 680000
Reconstruction &
Pedestrian
Improvement
Project
701 Kildee, Dan Fenton Road City of Flint and Flint MI 400000
Bridge over the Michigan
Thread Creek Department of
Transportation
(MDOT)
702 Kildee, Dan Flint Mass Flint Mass Flint MI 106238
Transportation Transportation 7
Authority (MTA) Authority (MTA)
Rides to Wellness
Facility
Expansion/
Renovation
703 McClain, Lis Genesee Street City of Lapeer Lapeer MI 189675
Bridge over 0
Farmers Creek
704 Meijer, Peter Grandville Avenue City of Grand Grand MI 400000
Project Rapids Rapids 0
705 McClain, Lis Haist Road over Huron County Road Winsor MI 194000
Pigeon River Commission Township
Preventive
Maintenance
706 Lev Hubbard Street City of Mount Mount MI 942400
Rehabilitation Clemens Clemens
707 Tlaib, Rashida Inkster Road Wayne County Inkster MI 329600
Bridge Over the
Lower Rouge
River--Capital
Preventative
Maintenance
708 Law Intelligenta Michigan Pontiac MI 224000
Transportation Department of 0
Systems Capital Transportation
Investments in
Traffic Signals
on M-59
709 Kildee, Dan Iron Belle Trail City of Burton Burton MI 120000
0
710 Law Joe Louisnda City of Detroit City of MI 392000
Greenway Hamtramck 0
Hamtramck Drive
Shared Use Path
711 Upton, Fred Kalamazoo US-131/ Michigan Kalamazoo MI 147456
US-131BR Department of 00
Transportation
712 Lev Kelly Road City of Fraser Fraser MI 350000
0
713 McClain, Lis King Road Bridge St. Clair County China MI 229980
Replacement over Township 0
the Belle River
714 McClain, Lis Kuhl Road over Huron County Road Fairhaven MI 128240
Shebeon Drain Commission Township 0
Bridge
Replacement
715 Bergman, Jack Lake Shore Drive, Houghton County Calumet MI 104000
Houghton County, Road Commission and 0
Michigan Hancock
Township
716 Slotkin, Elissa M-143W City of Lansing Lansing MI 597767
717 McClain, Lis M-46 and M-19 Michigan Elmer MI 100730
Reconstruction Department of Township 42
Transportation
718 McClain, Lis Marlette Road Sanilac Road Marlette MI 140600
Bridge over South Commission 0
Branch of the
Cass River
719 Dingell, Debbie Miller Road and Wayne County Dearborn MI 200000
Rotunda Drive 00
Bridges
720 ............................. Mound Road Macomb County Macomb MI 110000
Industrial County, 00
Corridor Warren
Technology and
Innovation
Project
McClain, Lis.................. .................. .......... .......... 100000
0
Lev.................. .................. .......... .......... 100000
00
721 Law Mt. Vernon Street City of Southfiel MI 440000
Reconstruction Southfield d 0
722 Slotkin, Elissa N Cedar St Ingham County Mason MI 254308
Road Department 3
723 Slotkin, Elissa N Putnam St City of Williamst MI 375000
Williamston on
724 Kildee, Dan N. Leroy City of Fenton Fenton MI 160000
Streetscape and 0
Resurfacing
Project
725 Tlaib, Rashida North Beech Daily Wayne County Dearborn MI 141722
Road Heights 6
Rehabilitation
Project
726 Tlaib, Rashida Oakland Avenue Highland Park Highland MI 121216
Road Park 9
Rehabilitation
Project
727 Walberg, Tim Oakville Waltz Monroe County London MI 372800
Road Roadd Commission Township 0
728 Law Orchard Lake Road Road Commission Farmingto MI 107608
from 13 Mile to for Oakland n Hills 5
14 Mile County
729 Law Orchard Lake Road Road Commission City of MI 200000
from Middlebelt for Oakland Sylvan 0
to Pontiac City County Lake,
Limits West
Bloomfiel
d and
Bloomfiel
d
Township
in
Oakland
County
730 Meijer, Peter Ottawa Avenue City of Grand Grand MI 845000
Project Rapids Rapids
731 Tlaib, Rashida Pedestrian Michigan Wayne MI 828000
Improvements on Department of
US-12 Transportation
732 Tlaib, Rashida Pennsylvania Road Wayne County On border MI 150000
Grade Separation of City 00
of
Romulus
and Huron
Township
733 Kildee, Dan Pierson Road Genesee County Mt. MI 240000
Reconstruction Road Commission Morris 0
Project Township
734 Walberg, Tim Plank Road over Michigan DOT Milan MI 433561
US-23 8
735 Kildee, Dan Reid Road City of Grand Grand MI 700000
Downtown Blanc Blanc
Streetscape and
Rehabilitation
Spur Community
Project
736 Law Resurfacing of 12 Road Commission Southfiel MI 750000
Mile Road in for Oakland d
Southfield from County
Northwester Hwy
to Telegraph Road
737 Slotkin, Elissa S Pennsylvania City of Lansing Lansing MI 147200
Ave 0
738 Kildee, Dan Saginaw Street City of Flint and Flint MI 160000
Road Michigan 0
Reconstruction Department of
Project Transportation
(MDOT)
739 Kildee, Dan Saginaw Transit Saginaw Transit Saginaw MI 238845
Authority Authority 6
Regional Services Regional Services
(STARS) Bus (STARS)
Replacement
740 Kildee, Dan Saginaw Transit Saginaw Transit Saginaw MI 200000
Authority Authority
Regional Services Regional Services
(STARS) Potter (STARS)
Street Station
Study
741 Kildee, Dan Silver Lake Road City of Fenton Fenton MI 868682
Connector Trail and
Linden
742 Bergman, Jack Skanee Road Baraga County L-Anse MI 753000
Improvements Road Commission and Arvon 0
(from Jentoft Townships
Road to Town
Road)
743 Bergman, Jack Skanee Road Baraga County Arvon MI 400000
Improvements Road Commission Township 0
(from Town Road
to Portice Road)
744 Slotkin, Elissa Snyder Rd. City of East East MI 263500
Lansing Lansing
745 Bergman, Jack St. Ignace Road Mackinac County Marquette MI 800000
Reconstruction Road Commission Township
746 Kildee, Dan State Park Drive Bay County Road Charter MI 200000
Reconstruction Commission (BCRC) Township 0
of Bangor
and Bay
City
747 Walberg, Tim US-12 over the Michigan DOT Coldwater MI 645360
Coldwater River
Reconstruction
748 Walberg, Tim US-127 and US-223 Michigan DOT Addison MI 480000
Resurfacing 0
749 Slotkin, Elissa W Grand River Rd Livingston Howell MI 296826
Essential
Transportation
Service (LETS)
750 Slotkin, Elissa W Silver Bell Rd Road Commission Auburn MI 420000
for Oakland Hills and 0
County (RCOC) Orion
Township
751 Slotkin, Elissa Waverly Rd City of Lansing Lansing MI 744762
752 Meijer, Peter Wealthy Street- City of Grand Grand MI 725000
Fuller Ave to Rapids Rapids 0
East City Limits
753 Kildee, Dan Wenona Avenue City of Bay City Bay City MI 232500
Reconstruction 0
754 Craig, Angie Apple Valley Minnesota Valley Apple MN 800000
Transit Station Transit Authority Valley
Modernization
755 ............................. Bottineau LRT Metropolitan Minneapol MN 200000
Project Council is to 00
Brooklyn
Park
Omar, Ilhan .................. .................. .......... .......... 100000
00
Phillips, Dean .................. .................. .......... .......... 100000
00
756 Craig, Angie Burnsville Bus Minnesota Valley Burnsvill MN 240000
Garage Transit Authority e 0
Modernization
757 Craig, Angie City of Wabasha City of Wabasha Wabasha MN 397500
Highway 60 0
Realignment
758 ............................. E-Line Bus Rapid Metro Transit Minneapol MN 500000
Transit (BRT) is to 0
Edina
Omar, Ilhan .................. .................. .......... .......... 250000
0
Phillips, Dean .................. .................. .......... .......... 250000
0
759 Omar, Ilhan F-Line Bus Rapid Metro Transit Columbia MN 450000
Transit (BRT) Heights 0
760 Craig, Angie Goodhue County Goodhue County Red Wing MN 640000
CSAH 2 Bridge
Replacement
761 Craig, Angie I-35/CSAH 50 Dakota County Lakeville MN 700000
Interchange
Preliminary
Engineering
762 Emmer, Tom I-94 Expansion Minnesota St. Paul MN 200000
Department of 00
Transportation
763 McCollum, Betty Kellogg-Third City of Saint St. Paul MN 750000
Street Bridge Paul 0
764 Omar, Ilhan Pedestrian Bridge MN DOT Minneapol MN 300000
Over I-94 is 0
765 McCollum, Betty Reconnect Rondo Minnesota Saint MN 520000
Land Bridge Department of Paul 0
Transportation
766 McCollum, Betty Rice Street Ramsey County Saint MN 686400
Revitalization Paul 0
Project
767 Phillips, Dean University of University of Chaska MN 584000
Minnesota Minnesota 0
Arboretum Access
and Egress
Improvements
768 Craig, Angie US 169/TH 282/ CH Scott County Jordan MN 230000
9 Interchange 0
Project
769 Stauber, Pete US Highway 8 Chicago County Chisago MN 200000
Reconstruction City, 00
Wyoming,
Forest
Lake
770 Craig, Angie Veterans Memorial Dakota County Eagan MN 500000
Greenway 0
771 Bush, Cori Adding signing Missouri St. Louis MO 708800
and striping for Department of
wrong way counter- Transportation
measures at
various ramp
locations
throughout the
St. Louis
District
772 Lue Bridger, Blaine Missouri Montgomer MO 720000
improvement and Department of y County
widening over Transportation
Elkhorn Creek 1.6
miles south of
Rte. CC near
Buell
773 Lue Bridge Rehab at Missouri Wentzvill MO 308800
Pitman Ave, I-70, Department of e 0
and I-64 in Transportation
Wentzville
774 Bush, Cori Bridge Missouri St. Louis MO 257600
Rehabilitation Department of 0
and Pavement Transportation
Repairs
775 Lon Chadwick Flyer Ozarks Springfie MO 400000
Central Greenway Transportation ld 0
Trail Organization
776 Cleaver, Emanuel Cliffs Drive Department of Kansas MO 216000
State Scenic Parks and City 0
Byway Recreation, City
Improvements of Kansas City,
Missouri
777 Cleaver, Emanuel Downtown Odessa City of Odessa Odessa MO 900000
Infrastructure
Improvements
778 Lon Expand I-44 to 6 Ozarks Springfie MO 180000
lanes in the Transportation ld 0
Springfield area Organization
779 Lon Grand Street Ozarks Springfie MO 300000
Pedestrian Transportation ld 0
Underpass and Organization
Streetscape
Improvements
780 Lue Hydraulic Study Missouri Washingto MO 240000
for causeway Department of n
north of Transportation
Washington
781 Hartzler, Vicky I-44: Bridge Missouri Laclede MO 331200
rehabilitation Department of County
over Gasconade Transportation
overflow. Project
involves bridge
L0753
782 Hartzler, Vicky I-70: Bridge Missouri Cooper MO 246400
improvements over Department of County
Chouteau Creek. Transportation
Project involves
bridge A5118 and
A5119
783 Hartzler, Vicky Improve bridge Missouri Audrain MO 548800
conditions at Rt. Department of County
C in Audrain Transportation
County
784 Hartzler, Vicky Improve pavement Missouri Randolph MO 600800
condition Rt. BB Department of County
Randolph County Transportation
785 Hartzler, Vicky Improve pavement Missouri Randolph MO 763200
condition Rt. K Department of County
Randolph County Transportation
786 Graves, Sam Interstate 35 and Missouri Kearney MO 550000
19th Street Department of 0
Interchange Transportation
787 Cleaver, Emanuel Jazz District City of Kansas Kansas MO 600000
Pedestrian Plaza City City 0
at 18th & Vine
788 ............................. Kansas City Kansas City Area Kansas MO 105000
Regional Zero Transportation City 00
Emission Electric Authority
Bus Program
Cleaver, Emanuel .................. .................. .......... .......... 600000
0
Davids, Sharice .................. .................. .......... .......... 450000
0
789 Graves, Sam Little Blue City of Kansas Kansas MO 500000
Trace--Rock City City
Island Trail
Connector
790 Lon MM Highway City of Republic Republic MO 320000
Expansion from I- 0
44 to US 60
791 Lue MO 100: Bridgee Missouri Osage MO 917600
improvements over Department of County
Cedar Creek Transportation
Project involves
A1848
792 Bush, Cori MO 100: Upgrade Missouri St. Louis MO 250000
pedestrian Department of 0
facilities to Transportation
comply with ADA
Transition Plan
and pavement
resurfacing from
Rte. 61 to Big
Bend Blvd, bridge
replacement over
Black Creek,
signal
replacement
793 Hartzler, Vicky MO 127: Bridge Missouri Pettis MO 786400
rehabilitation Department of County
over Basin Fork Transportation
Creek 0.6 mile
south of Dove
Road and 0.7 mile
north of Chaney
Road. Project
involves bridge
X0439
794 Hartzler, Vicky MO 13: Add turn Missouri Johnson MO 425600
lanes at the Department of County
intersection of Transportation
Rte. E
795 Hartzler, Vicky MO 13: Pavement Missouri St. Clair MO 748800
improvements on Department of County
the southbound Transportation
lanes from SE
1100 Road to NE
201 Road
796 Lue MO 19: I-70 toe Missouri Montgomer MO 880000
Hermann add Department of y County
shoulders Transportation
797 Hartzler, Vicky MO 23: Add turn Missouri Johnson MO 395200
lanes at the Department of County
intersection of Transportation
Rte. D
798 Hartzler, Vicky MO 254: Pavement Missouri Hermitage MO 440000
improvements from Department of
Route 64 to Route Transportation
54 in Hermitage.
799 Hartzler, Vicky MO 38: Pavement Missouri Webster MO 676800
resurfacing from Department of County
Rte. J to west of Transportation
Rte. CC.
800 Lue MO 47:r, Blaine Missouri Troy and MO 925600
Engineering for Department of Hawk
pavement Transportation Point
improvements from
H to A.
801 Hartzler, Vicky MO 7: Bridge Missouri Benton MO 96000
Rehabilitation Department of County
over Truman Lake. Transportation
Project involves
bridge A3465
802 Lue MO 89: Pavement Missouri Rte. 50 MO 283360
improvements from Department of to Rte. E 0
Rte. 50 to Rte. E Transportation in Osage
County
803 Lue MO94 Bridge over Missouri Warren MO 640800
Treloar Creek Department of County
Bridge Transportation
804 Graves, Sam North Baltimore Missouri Kirksvill MO 955294
(Business 63) Department of e
Improvements Transportation
805 Hartzler, Vicky OR 70: Bridge Missouri Boone MO 852800
replacement over Department of County
Little Cedar Transportation
Creek. Project
involves bridge
N0974
806 Hartzler, Vicky Pavement Missouri Pulaski MO 265600
improvements and Department of County 0
add rumblestripes Transportation
from I-44 outer
road to end of
state
maintenance, Rte.
W from Rte. 7 to
end of state
maintenance, and
Rte. O from Rte.
28 to end of
state
maintenance.
807 Hartzler, Vicky Payment to St. Missouri St. MO 547200
Robert to add Department of Robert
sidewalks and Transportation
upgrade
signalized
intersection at
St. Robert
Boulevard in St.
Robert
808 Cleaver, Emanuel Raum Road Bridge City of Lawson Lawson MO 312800
Replacement 0
809 Graves, Sam Riverway City of Riverside Riverside MO 320000
Boulevard 0
Reconstruction
810 Hartzler, Vicky RT 18: Pavement Missouri Adrian MO 158640
improvements from Department of 0
Rte. Y to I-49 in Transportation
Adrian and on
Loop 49 from
Passaic to Rte.
52 in Butler.
811 Hartzler, Vicky RT A: Bridge Missouri Moniteau MO 109120
replacement over Department of County 0
Enon Creek. Transportation
Project involves
bridge K0851
812 Lue RT A: Bridgeine Missouri Cole MO 545600
replacement over Department of County
Moreau Creek. Transportation
Project involves
R0235
813 Hartzler, Vicky RT J: Bridge Missouri Peculiar MO 555200
rehabilitation Department of
over Young Transportation
Branch, 0.1 mile
south of 217th
Street and 0.4
mile northeast of
Branic Drive in
Peculiar. Project
involves bridge
A2331
814 Hartzler, Vicky RT J: Bridge Missouri Camden MO 204800
removal over the Department of County
Niangua River. Transportation
Project involves
bridge S0391
815 Hartzler, Vicky RT K: Pavement Missouri Nevada MO 448000
improvements from Department of
I-49 to County Transportation
Road 1800 near
Nevada.
816 Hartzler, Vicky RT PP: Pavement Missouri Roseland MO 453600
improvements from Department of
Route C in Transportation
Roseland to Route
7 in Tightwad
817 Hartzler, Vicky RT T: Pavement Missouri Morgan MO 302000
improvements and Department of County 0
add rumblestripes Transportation
from Rte. 52 to
Rte. 135 and from
Rte. 135 to the
end of state
maintenance
818 Lue RT. K bridgeine Missouri Montgomer MO 965600
replacement over Department of y County
Dry Fork Creek Transportation
Bridge
819 Lue Study to Blaine Missouri McKittric MO 80000
determine base Department of k
stability and Transportation
flood resiliency
near McKitrick
820 Lue Updated study for Missouri High Hill MO 160000
RR overpass near Department of 0
High Hill Transportation
821 Hartzler, Vicky Upgrade Missouri Windsor MO 140800
pedestrian Department of
facilities to Transportation
comply with the
ADA Transition
Plan on Rte. 2
from Chisman
Street to Rte. 52
in Windsor and on
Rte. Y from Rte.
52 to Wall Street
in Windsor
822 Hartzler, Vicky US 160: Pavement Missouri Lamar MO 609600
improvements from Department of
I-49 in Lamar Transportation
Heights to County
Road 30th Lane
east of Lamar.
823 Lue US 50:r, Blaine Missouri Rte. EE MO 280000
Reconstruct Department of to 0
concrete pavement Transportation Independe
from Rte. EE to nce Road
Independence Rd. in
Franklin
County
824 Lue US 50:r, Blaine Missouri Rte. Y to MO 264000
Reconstruct Department of Rte. C in 0
pavement from Transportation Franklin
Rte. Y to Rte. C County
825 ............................. US 54: Study for Missouri Louisiana MO 800000
updated scope & Department of
estimate for Transportation
shared 4-lane
from Mexico to
Louisiana
Graves, Sam .................. .................. .......... .......... 400000
Hartzler, Vicky .................. .................. .......... .......... 400000
826 Lon US60 and Route Missouri Rogersvil MO 525000
125 Interchange Department of le 0
Transportation
827 Hartzler, Vicky US65: Pavement Missouri Warsaw MO 104960
improvements from Department of 0
the Osage River Transportation
in Warsaw to 0.4
mile south of
Rte. MM.
828 Bush, Cori West Florissant St. Louis County Ferguson, MO 100000
Avenue Great Dellwood, 00
Streets and
Jennings
829 Sablan, Gregorio Kilili A/E Design for Commonwealth Saipan MP 300000
Camacho the Fixed Route Office of Transit
Bus Stops Authority
830 Sablan, Gregorio Kilili Construction of Commonwealth Saipan MP 900000
Camacho Bus Transfer Office of Transit
Stations at the Authority
Northern Marianas
College, Paseo De
Marianas and
Kagman
831 Sablan, Gregorio Kilili Construction of Commonwealth Saipan MP 300000
Camacho the Commonwealth Office of Transit 0
Office of Transit Authority
Authority Covered
Bus Parking
Facility
832 Sablan, Gregorio Kilili Design and Commonwealth Rota MP 520000
Camacho Construction of Office of Transit
the Rota Transit Authority
Maintenance
Facility
833 Sablan, Gregorio Kilili Design and Commonwealth Tinian MP 520000
Camacho Construction of Office of Transit
Tinian Transit Authority
Maintenance
Facility
834 Sablan, Gregorio Kilili Procurement of Commonwealth Rota and MP 480000
Camacho Four (4) Rolling Office of Transit Tinian
Stocks for Rota Authority
and Tinian Demand
Responsive
Services
835 Sablan, Gregorio Kilili Route 10 Drainage CNMI Department Rota MP 200000
Camacho Improvements and of Public Works 0
Road Overlay
836 Sablan, Gregorio Kilili Route 205 Road CNMI Department Tinian MP 200000
Camacho and Drainage of Public Works 0
Improvements
837 Sablan, Gregorio Kilili Route 30 (Chalan CNMI Department Saipan MP 200000
Camacho Pale Arnold) of Public Works 0
Safety
Improvements
838 Sablan, Gregorio Kilili Route 302 (Naftan CNMI Department Saipan MP 200000
Camacho Road) of Public Works 0
Improvements
839 Sablan, Gregorio Kilili Supply and Commonwealth Saipan MP 450000
Camacho Installation of Office of Transit 0
187 Bus Stop Authority
Shelters
840 Sablan, Gregorio Kilili Supply of Commonwealth Saipan MP 400000
Camacho Maintenance Office of Transit
Equipment & Tools Authority
for the COTA
Maintenance
Facility
841 Guest, Michael Bulldog Way Mississippi State Starkvill MS 336000
Extended University e 0
Improvements
842 Guest, Michael Jackson Point Wilkinson County, Wilkinson MS 400000
Road Bridge Mississippi County 0
843 Guest, Michael Mississippi Band Mississippi Band Choctaw MS 265319
of Choctaw of Choctaw 5
Indians Multi- Indians
Road Overlay
Project
844 Guest, Michael Morgantown Road Adams County, Natchez MS 240000
Safety Mississippi 0
Improvements
845 Guest, Michael Bozeman Segment Madison County Madison MS 400000
One--Reunion Board of 0
Access Network Supervisors
846 Ross, Deborah K. Airport Boulevard NCDOT Morrisvil NC 208000
Sidewalk le
847 Manning, Kathy Atlantic & Yadkin City of Greensbor NC 640000
Greenway, Phase 2 Greensboro o 0
848 Ross, Deborah K. Avent Ferry Road Town of Holly Holly NC 100000
Realignment Springs Springs 0
849 Cawthorn, Madison B-5871 Replace North Carolina Lake Lure NC 800000
Bridge no. 628 Department of 0
Over Lake Lure Transportation
5250. Dam and
Broad River
850 Ross, Deborah K. Black Creek NCDOT Cary NC 498480
Greenway 0
851 Price, David E. Bryant Bridge City of Durham/ Durham NC 232000
North/Goose Creek NCDOT 0
West Trail
852 Price, David E. Bus Replacement Town of Chapel Chapel NC 800000
Funding for Hill/Chapel Hill Hill 0
Triangle Transit Transit
Systems
853 Adams, Alma S. CATS Battery Charlotte Area Charlotte NC 800000
Electric Bus Transit System 0
Fleet Transition (CATS)
854 Butterfield, G. K. Downtown City of Rocky Rocky NC 400000
Pedestrian Bridge Mount Mount 0
855 Price, David E. Duke Beltline City of Durham/ Durham NC 772600
Trail NCDOT 0
856 Cawthorn, Madison EB-5753 Baldwin North Carolina Marion NC 349600
Avenue Sidewalk Department of
Project Transportation
857 Manning, Kathy Electric buses City of Greensbor NC 275900
and charging Greensboro o 0
infrastructure,
City of
Greensboro
858 Adams, Alma S. Festival Street Town of Cornelius NC 220000
Cornelius, NC 0
859 Ross, Deborah K. Fuquay-Varina NCDOT Fuquay-Va NC 256000
Townwide ITS/ rina 0
Signal System
860 Ross, Deborah K. GoRaleigh/GoWake GoRaleigh Transit Raleigh NC 900000
Coordinated ADA System 0
Paratransit
Facility
861 Butterfield, G. K. Greenville Bridge Greenville Urban Greenvill NC 285120
Repair and Area Metropolitan e 0
Replacement Planning
Organization
(GUAMPO)
862 Cawthorn, Madison Hanging Dog North Carolina Murphy NC 167600
Bridge Department of 0
Transportation
863 Manning, Kathy High Point City of High High NC 400000
Heritage Point Point 0
Greenway--Phase 1
864 Cawthorn, Madison Jonathan Creek North Carolina Maggie NC 160000
Safety Project Department of Valley
Transportation
865 Rouzer, David Military Cutoff Wilmington Urban Wilmingto NC 384000
Road (US 17)/ Area Metropolitan n 0
Eastwood Road (US Planning
74) Interchange Organization
(Drysdale Drive
Extension)
866 Cawthorn, Madison N. Fork Coweeta North Carolina Otta NC 452000
Creek Bridge Department of
Replacement Transportation
867 Butterfield, G. K. Pender Street City of Wilson-- Wilson NC 840000
Pedestrian Public Works 0
Improvement,
Infrastructure
Repair, and
Resurfacing
868 Butterfield, G. K. RIDE- Rural City of Wilson-- Wilson NC 200000
Microtransit Wilson Transit 0
869 Manning, Kathy Silas Creek Winston-Salem, NC Winston-S NC 453360
Parkway Sidewalk alem 0
870 Butterfield, G. K. South Tar River Greenville Urban Greenvill NC 177500
Greenway Area Metropolitan e 0
Planning
Organization
(GUAMPO)
871 Adams, Alma S. Streetlighting on City of Charlotte Charlotte NC 800000
High Injury 0
Network
872 Price, David E. Transit Bus Stop Town of Chapel Chapel NC 900000
Improvements Hill/Chapel Hill Hill
Transit
873 Cawthorn, Madison US 19/129 Road North Carolina Murphy NC 385100
Improvements Department of 0
Transportation
874 Cawthorn, Madison US 74/NC 108 North Carolina Columbus NC 100000
Interchange Department of 0
Transportation
875 Smith, Adrian Heartland Nebraska Minatare NE 100000
Expressway Phase Department of 00
III Transportation
876 Bacon, Don Signal System City of Omaha Omaha NE 200000
Master Plan 00
Accelerated
Implementation
877 Fortenberry, Jeff US-275 Norfolk to Nebraska Norfolk NE 200000
Wisner Department of to Wisner 00
Transportation
878 Kuster, Ann Ashuelot-Trail Town of Swanzey Swanzey NH 120000
Cheshire Trail 0
(42511)
879 Pappas, Chris Bedford 40664-- Town of Bedford, Bedford NH 498000
U.S. 3 Widening NH (local 0
from Hawthorne government) and
Drive North to Southern NH
Manchester Planning
Airport Access Commission (MPO)
Road
880 Kuster, Ann Claremont City of Claremont Claremont NH 100000
Intersection 0
Improvements
(13428)
881 Pappas, Chris Conway Phase II Town of Conway Conway NH 165600
Pathway 0
882 Pappas, Chris Derry Rail Trail Town of Derry Derry NH 792000
(Folsom Rd to
Londonderry town
line)
883 Kuster, Ann George Street City of Keene Keene NH 729191
Bridge (40653)
884 Kuster, Ann Gorham Sidewalk Town of Gorham Gorham NH 898196
(Route 2
(Lancaster Rd))
885 Kuster, Ann Heritage Rail City of Nashua Nashua NH 120000
Trail East 0
886 Kuster, Ann Littleton Town of Littleton Littleton NH 710159
Sidewalk Project
(41362)
887 Kuster, Ann Loudon NHDOT Loudon NH 234725
Intersection 6
Improvements
(40632)
888 Kuster, Ann Malboro Street City of Keene Keene NH 681123
Cheshire Rail
Trail (42515)
889 Pappas, Chris Maplewood Avenue City of Portsmout NH 280430
Complete Streets Portsmouth h 0
890 Kuster, Ann Merrimack River City of Concord Concord NH 158480
Greenway 0
891 Kuster, Ann Multi-use Path Town of Warner Warner NH 920000
Connecting Warner
Village to Exit 9
Business Area
892 Kuster, Ann NH 128 and Town of Pelham Pelham NH 124000
Sherburne Road 0
and Mammoth and
111A
893 Pappas, Chris Pedestrian Bridge City of Mancheste NH 336000
Crossing Granite Manchester r 0
Street
894 Kuster, Ann Plymouth Sidewalk Town of Plymouth Plymouth NH 414000
Project
895 Kuster, Ann Reconstruct City of Lebanon Lebanon NH 240000
Mechanic St / 0
High St / Mascoma
St Intersection
(4094)
896 Pappas, Chris Rt 11 Safety and City of Rochester Rochester NH 566400
Capacity and Strafford 0
Improvements Regional Planning
Commission
897 Kuster, Ann Spruce Street City of Nashua Nashua NH 100000
Connector 0
898 Kuster, Ann Trestle Bridge-- City of Franklin Franklin NH 120000
Mill City Park 0
Trail
899 Kuster, Ann Waterville Valley Town of Watervill NH 948110
Pedestrian Waterville Valley e Valley
Improvements
900 Kuster, Ann Whitefield Town of Whitefiel NH 396704
Sidewalk Project Whitefield d
901 Malinowski, Tom Berkshire Valley County of Morris Kenvil NJ 200000
Road Truck (Roxbury 0
Circulation Township)
Project
902 ............................. Bloomfield Avenue Essex County, NJ West NJ 100000
Roadway Caldwell, 00
Improvements & Caldwell,
Traffic Signal North
Modernization Caldwell,
Verona,
Montclair
, Glen
Ridge,
Bloomfiel
d, and
Newark
Payne, Donald M., Jr. .................. .................. .......... .......... 500000
0
Sherrill, Mikie .................. .................. .......... .......... 500000
0
903 Payne, Donald M., Jr. Bloomfield NJ Transit and Bloomfiel NJ 200000
Station NJDOT d 0
Rehabilitation
Project
904 Pallone, Frank, Jr. Carteret Ferry Borough of Carteret NJ 562500
Terminal Project Carteret 0
905 Pascrell, Bill, Jr. City of Passaic City of Passaic Passaic NJ 883432
Pedestrian
Greenway Project
906 Malinowski, Tom Construction of County of Morris Long NJ 100000
Pedestrian Bridge Valley 0
on Columbia Trail (Washingt
(Relocation of on
Openaki Bridge Township)
Truss)
907 Malinowski, Tom Cranford Station New Jersey Cranford NJ 112000
Rehabilitation Transit 0
Project
908 Van Drew, Jeff Dennisville Cape May County Dennis NJ 164000
Petersburg Road Township 0
(CR 610)
Resurfacing
Improvements
909 Watson Coleman, Bonnie Dunellen Bikeway Borough of Dunellen NJ 475723
and Pedestrian Dunellen
Safety
Improvements
910 Payne, Donald M., Jr. East Orange Train City of East East NJ 800000
Station Orange Orange
911 Norcross, Donald Enhanced Laydown Gloucester County Paulsboro NJ 475000
Area for Offshore Improvement 0
Wind Industry, Authority
Paulsboro Marine
Terminal
912 Smith, Christopher Freehold-s Freehold Borough Freehold NJ 557716
Parking Borough
Improvement
project
913 Pascrell, Bill, Jr. Great Falls County of Passaic Paterson NJ 972000
Gateway Phase II
914 Gottheimer, Josh Hackettstown New Jersey DOT Hackettst NJ 471200
Mobility own 0
Improvement
915 Watson Coleman, Bonnie Hamilton Street Borough of Bound Bound NJ 176000
Plaza Project Brook Brook 0
916 Van Drew, Jeff Hand Avenue (CR- Cape May County Middle NJ 131000
658) Bridge Over Township 0
Skeeter Island
Creek
917 Sherrill, Mikie Highlands Rail County of Passaic Wanaque NJ 800000
Trail Phase II
918 Pascrell, Bill, Jr. Hudson County-s Hudson County Secaucus NJ 140000
County Avenue 0
Reconstruction
919 Payne, Donald M., Jr. Irvington Avenue Township of South South NJ 275000
Sidewalks and Orange Village Orange 0
Streetscape
Improvements
920 Pascrell, Bill, Jr. Jackson Avenue/ County of Bergen Rutherfor NJ 250000
Riverside Avenue d
Improvements
Project
921 Pascrell, Bill, Jr. Kingsland Avenue Bergen County Lyndhurst NJ 500000
Bridge and 0
Replacement Nutley
Project
922 Smith, Christopher Koleda Park Middletown Middletow NJ 800000
Improvement Township n
Project
923 Gottheimer, Josh Lackawanna Cut- New Jersey Byram NJ 160000
off Culvert Transit 0
Relocation
924 Sires, Albio Lincoln Avenue City of Elizabeth Elizabeth NJ 208000
Drainage 0
Improvements
Project
925 Pallone, Frank, Jr. Long Branch New Jersey Long NJ 130000
Intermodal Department of Branch 00
Station Project Transportation
926 Sherrill, Mikie McBride Avenue County of Passaic Woodland NJ 960000
Roundabout Park
Project
927 Smith, Christopher Mercer County Bus DVRPC West NJ 732000
Purchase Trenton
928 Watson Coleman, Bonnie Mercer County Mercer County, Trenton NJ 454500
Electric Vehicles New Jersey
and Electric
Vehicle Charging
Stations
929 Smith, Christopher Mercer County Mercer County DOT Mercer NJ 640000
Roadway Safety County
Improvements
930 Payne, Donald M., Jr. Newark Broad City of Newark Newark NJ 165000
Street Signal 0
Optimization
931 Payne, Donald M., Jr. North Broad City of Newark Newark NJ 120000
Street 0
Redevelopment
Project
932 Van Drew, Jeff Ocean Drive Cape May County Lower NJ 700000
(CR621) Upgrades Township 0
and Bridge
Improvements
933 Norcross, Donald Parkside Camden County Camden NJ 600000
Neighborhood 0
School and
Pedestrian
Traffic Safety
934 Pascrell, Bill, Jr. Passaic Bus NJ Transit Passaic NJ 160000
Terminal Canopy Corporation 0
935 Gottheimer, Josh Patriots Way Borough of Oakland NJ 418483
Bridge Oakland, New 0
Superstructure Jersey
Replacement
936 Pascrell, Bill, Jr. Pedestrian Bridge City of Paterson Paterson NJ 100000
at the Great 0
Falls National
Historical Park
937 Pallone, Frank, Jr. Pedestrian Township of Township NJ 125000
Improvement for Woodbridge of 0
Metro Park Woodbridg
e
938 Sires, Albio Permanent Ferry City of Bayonne/ Bayonne NJ 432160
Terminal Hudson County 0
Peninsula Project
939 Sires, Albio Pleasant Avenue & Towns of Weehawken NJ 752000
Park Avenue / Weehawken and 0
Pedestrian & Union City
Vehicular Safety
Improvements &
Restoration
Project
940 Smith, Christopher Point Pleasant Point Pleasant Point NJ 139978
Beach Channel Beach Borough Pleasant 5
Drive ADA Beach
Compliance Borough
Upgrade and
Surface
Revitalization
project
941 Sherrill, Mikie Pompton River County of Morris Township NJ 150000
Rail Bridge of 0
(Pequannock Pequannoc
Valley Pedestrian k, Morris
Trail) County,
Substructure and
Repair Township
of Wayne,
Passaic
County
942 Malinowski, Tom Reconstruction of Somerset County Bridgewat NJ 128000
Pedestrian er 0
Bridges over Cole
Drive
(Bridgewater
Train Station)
943 Sherrill, Mikie Replacement of County of Morris Montville/ NJ 200000
Morris County Pine 0
Bridge 1400-433 Brooke
on Bloomfield
Avenue over a
Tributary to
Passaic River in
the Township of
Montville, Morris
County
944 Sherrill, Mikie Replacement of County of Morris Denville NJ 100000
Morris County 0
Bridge 1400-935
on Lenape Island
Road over Indian
Lake in the
Township of
Denville, Morris
County
945 Sires, Albio River Road Town of West New West New NJ 520000
Overpass York York 0
946 Pascrell, Bill, Jr. River Road County of Bergen, Edgewater NJ 176000
Subsurface Soil NJ-Department of 0
Stabilization Planning and
Engineering
947 Norcross, Donald Roadway Camden County, NJ Somerdale NJ 150000
Rehabilitation , Hi- 0
East Atlantic Nella,
Avenue CR727 Stratford
948 Norcross, Donald Roadway Camden County Lawnside, NJ 250000
Rehabilitation Magnolia, 0
Evesham Road, CR Somerdale
544 , Cherry
Hill,
Voorhees
949 Norcross, Donald Roadway Camden County, NJ Haddon NJ 300000
Rehabilitation Township, 0
Haddon Ave. CR561 Collingsw
ood
950 Norcross, Donald Roadway Gloucester County Woodbury NJ 176500
Rehabilitation 0
Red Bank Avenue
CR644
951 Malinowski, Tom Route 202, First Somerset County Raritan NJ 334068
Avenue 5
Intersection
Improvements--Rig
ht of Way
Acquisitions
952 Watson Coleman, Bonnie Route 29 Tunnel New Jersey DOT Trenton NJ 240000
Ventilation 0
System
953 Smith, Christopher Route 33 Bridge NJDOT Millstone NJ 364000
Over Millstone Township 0
River
954 Smith, Christopher Route 35 Bridge NJDOT Wall NJ 373600
Over the North 0
Branch of Wreck
Pond
955 Van Drew, Jeff Route 55/Route 47 Cumberland County Millville NJ 925000
Interchange Board of 0
Commissioners
956 Kim, Andy Seaside Heights Borough of Seaside NJ 400000
Boardwalk Seaside Heights Heights
Replacement
957 Pascrell, Bill, Jr. Shaler Boulevard Borough of Ridgefiel NJ 250000
Streetscape Ridgefield d
Project
958 Gottheimer, Josh Skyline Drive County of Ringwood NJ 800000
Bicycle and Passaic, New
Pedestrian Bridge Jersey
959 Payne, Donald M., Jr. South Orange County of Essex Newark NJ 400000
Avenue 0
Streetscape
Improvement
Project
960 Sherrill, Mikie Study & Sussex County Hopatcong NJ 236000
Engineering 0
Design for the
Rehabilitation or
Replacement of
Sussex County
Bridge K-03 in
the Borough of
Hopatcong
961 Gottheimer, Josh Sussex County Sussex County, Frankford NJ 100000
Guide Rail New Jersey and 0
Upgrade Program Wantage
962 Sherrill, Mikie Sussex County Sussex County Hamburg NJ 400000
Skylands Ride
Capital Project
963 Gottheimer, Josh Teaneck Town of Teaneck, Teaneck NJ 400000
Pedestrian New Jersey 0
Overpass
Replacement
964 Pascrell, Bill, Jr. Tenafly Roadway Tenafly Borough Borough NJ 154500
Resurface & of 0
Improvements Tenafly
965 ............................. The County Road Ocean County Plumstead NJ 800000
539 Overpass 0
Project
Smith, Christopher .................. .................. .......... .......... 700000
0
Kim, Andy .................. .................. .......... .......... 100000
0
966 Payne, Donald M., Jr. Traffic Signal City of Newark Newark NJ 160000
Optimization/ 0
Adaptive Signals
Along McCarter
Highway (Route
21)
967 Kim, Andy U.S. Route 130/ Burlington County Florence NJ 173200
Delaware Avenue/ Township 00
Florence Columbus
Road Intersection
Improvements
968 Malinowski, Tom Union County Union County Union NJ 400000
Structurally Township
Deficient Bridge
Initiative--Allen
Ave. Bridge,
Township of Union
969 Malinowski, Tom Union County Union County Kenilwort NJ 600000
Structurally h
Deficient Bridge
Initiative--Faito
ute Ave. Bridge,
Kenilworth
970 Malinowski, Tom Union County Union County Summit NJ 600000
Structurally
Deficient Bridge
Initiative--High
Street Bridge
971 Malinowski, Tom Union County Union County Summit NJ 760000
Structurally
Deficient Bridge
Initiative--Oakla
nd Place Bridge
972 Malinowski, Tom Union County Union County Summit NJ 800000
Structurally
Deficient Bridge
Initiative--Pine
Grove Avenue
Bridge
973 Malinowski, Tom Union County Union County Summit NJ 600000
Structurally
Deficient Bridge
Initiative--Shunp
ike Road Bridge
974 Malinowski, Tom Union County Union County Cranford NJ 800000
Structurally
Deficient Bridge
Initiative--Sprin
g Garden Bridge,
Cranford
975 Malinowski, Tom West County Drive Somerset County Township NJ 649360
(CR 646) of 0
Extension Branchbur
g
976 Gottheimer, Josh West Milford Township of West West NJ 536000
Bikeway Connector Milford, New Milford
Project Jersey
977 Kim, Andy Willingboro EV Willingboro Willingbo NJ 800000
Charging Stations Township ro
978 Van Drew, Jeff Woodbine Bikeway Borough of Borough NJ 800000
and Trailhead Woodbine of
Improvements Woodbine
979 Leg Arroyo De LosTeresa City of Santa Fe Santa Fe NM 490000
Chamisos Crossing 0
980 Leg Coal Avenue, Teresa City of Gallup Gallup NM 350000
Commons ``Event 0
Street''
981 Leg County Road 43--esa McKinley County McKinley NM 450000
Superman Canyon County--C 0
Bridges hurchrock
Chapter
982 Leg Foothills Driveresa City of Farmingto NM 132480
Enhancement Phase Farmington n 0
III
983 Leg Kilgore Streeteresa City of Portales Portales NM 207900
Improvements 0
984 Leg Rio Lucero Roadresa Taos Pueblo Taos NM 304891
Improvement Pueblo 0
Project
985 Leg Wild Rose Roaderesa Santa Clara Santa NM 618000
(Route #670) and Pueblo Clara
Pedestrian Pueblo
Improvement
Project
986 Amodei, Mark Arlington Avenue RTC Washoe Reno NV 600000
Bridges Project 0
987 Titus, Dina Charleston City of Las Vegas Las Vegas NV 700000
Boulevard 0
Underpass
988 Horsford, Steven Charleston Park County of Nye Pahrump NV 155207
Avenue 9
Reconstruction
Project
989 Amodei, Mark Coleman Road Churchill County Fallon NV 500000
Expansion 0
990 Amodei, Mark Hydrogen Fuel RTC Washoe Reno NV 524000
Cell Bus and Fuel 0
Site Project
991 Titus, Dina I-15 South Nevada Department Las Vegas NV 500000
Package 2--Sloan of Transportation 0
to Blue Diamond
992 Titus, Dina Maryland Parkway Regional Las Vegas NV 500000
Bus Rapid Transit Transportaton 0
Zero Emission Commission of
Fleet Southern Nevada
993 Horsford, Steven North Las Vegas City of North Las North Las NV 120000
Street Light Vegas Vegas 00
Conversion
994 Titus, Dina Rancho Drive City of Las Vegas Las Vegas NV 300000
Complete Streets 0
Improvements
995 Amodei, Mark SR28 Central Tahoe Regional Carson NV 176000
Corridor Sand Planning Agency City 0
Harbor to
Spooner--Secret
Harbor to Skunk
Harbor Trail,
Parking and
Safety
Improvements
996 Amodei, Mark William Street Carson City Carson NV 200000
Complete Streets Public Works City 0
Project Department
997 Jeffries, Hakeem ADA: Classon Ave / MTA--NYCT Brooklyn NY 500000
Crosstown Line 0
(G Train)
998 Meng, Grace ADA: Forest Hills MTA Long Island Queens NY 169100
Platform Rail Road 00
Extensions &
Elevators
999 Torres, Ritchie ADA: Parkchester- Metropolitan Bronx NY 150000
E.177 St / Pelham Transportation 00
Line (6 Train) Authority and New
York City Transit
1000 Suozzi, Thomas R. Asharoken Avenue Village of Northport NY 800000
Asharoken
1001 Rice, Kathleen M. Bannister Creek Nassau County Lawrence NY 494000
Bridge Department of 0
Rehabilitation Public Works
1002 Jones, Mondaire Basher Pedestrian Village of Tarrytown NY 494400
Bridge Tarrytown
Rehabilitation
1003 Suozzi, Thomas R. Bayville Bridge Nassau County Bayville NY 144894
Department of 46
Public Works
1004 Jones, Mondaire Bridge Repair/ New York State Tarrytown NY 109639
Safety Assurance, Department of 5
Westchester Transportation
County
1005 Zeldin, Lee Bridge Suffolk County Brookhave NY 720000
Replacement of n 0
CR46 (William
Floyd Parkway)
over Narrow Bay
1006 Jeffries, Hakeem Broadway Junction New York City Brooklyn NY 800000
Improvements Economic 0
Phase 1, Development
Brooklyn, NY, 8th Corporation on
Congressional behalf of NYC
District
1007 Maloney, Sean Patrick City of City of Poughkeep NY 240000
Poughkeepsie Poughkeepsie sie 0
Market Street
Connectivity
Project
1008 Zeldin, Lee Concrete Pavement NYSDOT Brookhave NY 799804
Rehabilitation I- n 8
495
1009 Delgado, Antonio County Route 7&8-- Ulster County Towns of NY 360000
RTE 299 Roadway Department of New Paltz 0
Repaving Public Works and
Gardiner
1010 Tonko, Paul Craig Street City of Schenecta NY 270000
Corridor Project Schenectady dy 0
1011 Torres, Ritchie Del Valle Square/ New York City DOT Bronx NY 487000
Crames Square 0
Traffic, Safety,
and Plaza
Improvements
1012 Higgins, Brian DL&W Station Niagara Frontier Buffalo NY 500000
Transportation 0
Authority
1013 Morelle, Joseph Electric Bus Rochester Genesee Rochester NY 800000
Charging Facility Regional
Transportation
Authority.
1014 Morelle, Joseph Elmwood Avenue Monroe County, Rochester NY 859600
Multiuse Corridor New York in 0
Improvement cooperation with
the Town of
Brighton
1015 Jacobs, Chris Griswold Road Genesee County Darien NY 120320
over Murder Creek Highway 0
Bridge Department
Replacement
1016 Jones, Mondaire Half Moon Bay Village of Croton- Croton-on NY 150000
Bridge on-Hudson -Hudson 0
Reconstruction
Project
1017 Maloney, Sean Patrick Heritage Trail Orange County Town of NY 500000
Extension: Goshen
Hartley Road to
Downtown
Middletown
(Segment 2)
1018 Nadler, Jerrold High Line New York State New York NY 500000
Connections--Huds Empire State 0
on River Park / Development
Javits Center
Connection
1019 Maloney, Sean Patrick Highland Avenue Orange County Otisville NY 125000
over Wallace 0
Street
1020 Maloney, Sean Patrick Highway and Village of Kiryas Kiryas NY 138000
Pedestrian Safety Joel Joel 0
Infrastructure
Improvements
1021 Garbarino, Andrew Highway Town of Oyster Oyster NY 100000
Improvements to Bay, NY Bay 0
the Interval
Avenue Area,
Farmingdale
1022 Maloney, Sean Patrick Hudson Highlands Dutchess County Beacon NY 435000
Fjord Trail 0
1023 Jones, Mondaire Hudson Line MTA--Metro-North Peekskill NY 455000
Tunnels 0
1024 Maloney, Sean Patrick I-84/Route 9D Dutchess County Beacon NY 400000
Connectivity and Town
(Beacon-Fishkill) of
Fishkill
1025 Garbarino, Andrew Improvements to NYSDOT Oyster NY 100000
East Lincoln Bay 0
Avenue, Riverdale
Avnenue and
Pirates Cove,
Massapequa
1026 Morelle, Joseph Inner Loop North City of Rochester NY 400000
Transformation Rochester, NY 0
Project
1027 Maloney, Sean Patrick Lake St. Bridge City of Newburgh Newburgh NY 175000
Project 0
1028 Reed, Tom Lake to Lake Road Ontario County Town of NY 146400
Bridge Gorham 0
Replacement
1029 Meng, Grace Level 2 EV NYCDOT Queens NY 734400
Charging Network
in NYCDOT
Municipal Parking
Facilities
1030 Suozzi, Thomas R. Little Bay Park New York City Bayside NY 100000
Promenade Department of 0
Parks &
Recreation
1031 Rice, Kathleen M. Long Beach Road Nassau County Rockville NY 478000
Improvements, Department of Centre 0
South Hempstead, Public Works
NY
1032 Tonko, Paul Multi-Modal Phase City of Amsterdam Amsterdam NY 450000
I/Pedestrian 0
Connector Project
1033 Maloney, Sean Patrick Newburgh Ferry Orange County Newburgh NY 400000
Landing Pier 0
1034 Suozzi, Thomas R. Northport Inc. Village of Northport NY 139200
Flooding on Main Northport 0
St.
1035 Bowman, Jamaal Northwest Bronx New York City Bronx NY 233100
School Safety Department of 0
Improvement Transportation
Project
1036 Tonko, Paul NY 146 and NY146A Town of Clifton Clifton NY 105500
Bicycle & Park Park 0
Pedestrian Access
Improvements
1037 Jones, Mondaire NYS Route 133 Town of Ossining Ossining NY 150000
Bike Lane 0
1038 Katko, John Onondaga Lake Onondaga County Syracuse NY 800000
Canalways Trail-- Department of 0
Salina Extension Transportation
Project
1039 Maloney, Sean Patrick Orange-Dutchess Orange County Goshen NY 400000
Transportation
Access and
Mobility Study
1040 Higgins, Brian Outer Harbor Erie Canal Harbor Buffalo NY 200000
Multi-Use Trails Development 0
Corporation
1041 Jeffries, Hakeem Park Ave-- NYC DOT Brooklyn NY 194200
Ingersoll Houses 0
Safety
Improvements
1042 Jacobs, Chris Perry Road (CR Livingston County Mt. NY 144000
64) Highway Highway Morris 0
Rehabilitation Department
1043 Katko, John Phase 1 of the City of Auburn Auburn NY 277840
New York State 0
Route 38--State
Street Pavement
Preservation
Project
1044 Stefanik, Elise Preventative New York State Town of NY 339475
Maintenance DOT Johnstown 2
Pavement from &
Route 67/Route 10 Ephratah
Ephratah to
Johnstown City
Line
1045 Tonko, Paul Purchase of Eight Capital District Albany NY 600000
Electric Buses Transportation 0
for Use in Authority (CDTA)
Emerging Markets--
Montgomery County
1046 Maloney, Sean Patrick Putnam County's County of Putnam Carmel NY 150000
Donald B. Smith 0
Transit Hub
1047 Jacobs, Chris Rapids Road Niagara County Lockport NY 400000
Highway Department of 0
Improvements Public Works
1048 Katko, John Reconstruction of City of Auburn Auburn NY 440720
Osborne Street 0
1049 Delgado, Antonio Reconstruction of New York State Oneonta NY 320000
the Intersection Department of 0
of Rt 7, Rt 23 Transportation
and Maple St in
Oneonta into
Roundabout
Configuration
1050 Delgado, Antonio Replacement of Schoharie County Schoharie NY 625440
the Bridge Street 0
Bridge over
Schoharie Creek
1051 Jones, Mondaire Restoration of Village of Croton- Croton-on NY 600000
Van Cortlandt on-Hudson, NY -Hudson
Manor Entrance
Road Project
1052 Nadler, Jerrold Riverside Drive New York City New York NY 240000
Pedestrian Mall Parks & 0
Recreation
1053 Jacobs, Chris Rose Road over Genesee County Batavia NY 103360
Bowen Creek Highway 0
Bridge Department
Replacement
1054 Katko, John Route 104 NYSDOT Ontario NY 125440
Intersection 0
Improvement
Project
1055 Tonko, Paul Route 2 Multi- City of Troy Troy NY 570000
Modal 0
Connectivity
Project
1056 Stefanik, Elise Route 28/South New York State Town of NY 662124
Inlet Lake DOT Arietta 8
1057 Katko, John Route 31 NYSDOT Wayne NY 297040
Improvement County 0
Project
1058 Stefanik, Elise RT 12E/Chaumont New York State Village NY 998400
River DOT of 0
Chaumont
1059 Delgado, Antonio Safe and City of Kingston Kingston NY 605381
Accessible 8
Midtown Kingston
1060 Reed, Tom Safe Passage for Town of Cuba Cuba NY 147200
CRCS Students 0
1061 Espaillat, Adriano Safe Routes to New York City Bronx NY 168200
School--Bronx Department of 0
(HWCSCH4D) Transportation
1062 Espaillat, Adriano Safe Routes to New York City New York NY 364300
School--Manhattan Department of 0
(HWCSCHMN) Transportation
1063 Malliotakis, Nicole Safe Routes to New York DOT Brooklyn NY 251600
Transit 86th 0
Street
1064 Suozzi, Thomas R. Sands Point Nassau County Village NY 178400
Preserve Bridge Department of of Sands 0
Public Works Point
1065 Jacobs, Chris Sharp Road (CR Erie County Concord NY 140000
181) over Spring Department of 0
Brook Bridge Public Works
Replacement
1066 Higgins, Brian Shoreline Trail Erie County, N.Y. Lackawann NY 200000
a and 0
Hamburg
1067 Meeks, Gregory W. Southeast Queens New York City DOT Queens NY 385900
Flooding Relief 0
1068 Jeffries, Hakeem Street NYC DOT Brooklyn NY 488400
Restoration in 0
Brooklyn--Hancock
St, Bushwick Ave,
Hill St, E 80th
St
1069 Morelle, Joseph The Maiden Lane Town of Greece Greece NY 660400
Rehabilitation 0
Project
1070 Bowman, Jamaal The New Rochelle City of New New NY 130000
LINC Project Rochelle, New Rochelle 00
York
1071 Higgins, Brian The Riverline Niagara Frontier Buffalo NY 105000
Transportation 00
Authority
1072 Higgins, Brian Twin Cities The City of North Tonawanda NY 500000
Highway Complete Tonawanda, N.Y. and North
Streets Tonawanda
1073 Delgado, Antonio Ulster County Ulster County Kingston NY 800000
Electric Bus
Charging
Infrastructure
1074 Meng, Grace Union Turnpike NYCDOT Queens NY 235520
Center Median 0
Replacement
1075 Meeks, Gregory W. Van Wyck New York State Queens NY 161410
Expressway Access DOT 00
Improvement to
John F. Kennedy
Airport
1076 Jacobs, Chris Victor Traffic Ontario County Victor NY 992000
Mitigation 0
Project
1077 Jones, Mondaire Village of Village of Ossining NY 100000
Ossining Route 9 Ossining 0
Road Diet Project
1078 Reed, Tom Water Street City of Elmira Elmira NY 128940
Rejuvenation 0
Project
1079 Rice, Kathleen M. West Broadway Nassau County Woodmere NY 967000
Rehabilitation Department of to 0
Public Works Cedarhurs
t
1080 Jacobs, Chris West Lake Road Wyoming County Perry NY 931478
(CR 3) Highway
Preventative Department
Maintenance
1081 Espaillat, Adriano Williams Bridge MTA--Metro-North Bronx NY 146750
Station Renewal 00
1082 Bowman, Jamaal Yonkers Greenway City of Yonkers Yonkers NY 179160
0
1083 Gibbs, Bob 11th Street City of Canton Canton OH 150000
Reconstruction 0
Project
1084 Gonzalez, Anthony Arlington Road City of Green Green OH 557855
Corridor 1
1085 Gibbs, Bob Bagley Road City of North North OH 150000
Reconstruction Ridgeville Ridgevill 0
e
1086 Wenstrup, Brad BRO-32-4.16 Ohio Department Mt. Orab OH 100000
of Transportation 00
1087 Gibbs, Bob Cherry Rd Bridges Stark County Massillon OH 148000
Rehabilitation Engineers 0
1088 Wenstrup, Brad CLE CR 3-- Clermont County Cincinnat OH 200000
Aicholtz Road Transportation i 0
Roundabouts Improvement
District
1089 Wenstrup, Brad CLE SR32-2.33-- Ohio Department Batavia OH 150000
CLE CR55 Overpass of Transportation 0
1090 Balderson, Troy Cleveland Avenue Central Ohio Westervil OH 800000
Multimodal Transit Authority le
Facility Project
1091 Gonzalez, Anthony Columbia Road--I- City of Westlake Westlake OH 190000
90 Interchange 0
1092 Gibbs, Bob E. Main Street City of Louisvill OH 120000
(SR153) & Nickel Louisville e 0
Plate
Intersection
Improvement
1093 Turner, Michael East Dayton Rails- City of Dayton Dayton OH 200000
to-Trails (Flight 0
Line)
1094 Gibbs, Bob Easton Street/ Stark County Canton OH 575000
GlenOak HS Engineer
Intersection
Improvements
1095 Turner, Michael Electric Trolley Greater Dayton Dayton OH 360000
Power Regional Transit 0
Distribution Authority (RTA)
System
1096 Gibbs, Bob French Creek City of Avon Avon OH 595637
Greenway Phase 1
1097 Balderson, Troy Gaysport Bridge Muskingam County Philo OH 300000
Replacement Engineer's Office 0
Project
1098 ............................. HAM-75-1.95 ODOT Cincinnat OH 864000
i 0
Chabot, Steve .................. .................. .......... .......... 432000
0
Wenstrup, Brad .................. .................. .......... .......... 432000
0
1099 Gibbs, Bob Hydrogen Stark Area Canton OH 100000
Infrastructure Regional Transit 0
Tank Increase Authority (SARTA)
1100 Balderson, Troy Interchange Deleware County Sunbury OH 300000
Construction Transportation 0
Project on I-71 Improvement
at Sunbury District and Ohio
Parkway Department of
Transportation
1101 Gonzalez, Anthony Kungle Road City of Norton Norton OH 308000
Culvert
Replacement
1102 Lat LUC IR 475 @ US'' Lucas County Lucas OH 100000
20A Interchange Transportation County 00
Improvement
District
1103 Balderson, Troy Main Street City of Mansfield Mansfield OH 200000
Corridor 0
Improvement Plan
1104 Joyce, David Miller Road--I77 Ohio Department Brecksvil OH 120000
Interchange of Transportation/ le 00
City of
Brecksville
1105 Gonzalez, Anthony Olmsted Falls City of Olmsted Olmsted OH 190000
Columbia Rd. Falls Falls 0
1106 Gonzalez, Anthony Pearl Road City of Brunswick Brunswick OH 271870
Brunswick 0
1107 Gibbs, Bob Pearl Road City of Brunswick Brunswick OH 150000
Improvements 0
1108 Gibbs, Bob River Styx Road/ Northeast Ohio Montville OH 320000
SR 162 Areawide Township 0
Intersection Coordinating
Roundabout Agency
1109 Gonzalez, Anthony Sprague Road City of Parma Parma OH 800000
Widening Parma
1110 Joyce, David SR283 Capacity City of Mentor Mentor OH 314800
Improvements 0
1111 Gonzalez, Anthony Stark County CR- Stark County North OH 350000
224 Engineers Canton
1112 Gibbs, Bob State Route 13 City of Mount Mount OH 190040
Relocation Vernon Vernon 5
1113 Gibbs, Bob State Route 254 & City of Avon Avon OH 150000
State Route 83 0
Intersection
Improvement
1114 Joyce, David Study and Design Ohio Department Ashtabula OH 240000
of ATB 531 of Transportation 0
1115 Balderson, Troy The Point City of Delaware Delaware OH 400000
Intersection-US 0
36/SR 37
1116 Balderson, Troy Thornwood City of Newark Newark OH 500000
Crossing Project 0
1117 Gibbs, Bob U.S. Route 30-- Ohio Department East OH 150000
East Canton of Transportation Canton 0
Expansion
1118 Joyce, David US-422 Harper Ohio Department Solon OH 241428
Road Interchange of Transportation/ 8
City of Solon
1119 Gibbs, Bob W. Tuscarawas City of Canton Canton OH 100000
Street Safety 0
Corridor Project
1120 Gonzalez, Anthony Wadsworth City of Wadsworth Wadsworth OH 250000
Streetscape 0
1121 Gonzalez, Anthony Wayne CR-30 Wayne County Wooster OH 121996
Resurfacing 2
project
1122 Gonzalez, Anthony West Creek City of Parma Parma OH 272000
Greenway 0
1123 Chabot, Steve Western Hills City of Cincinnat OH 150000
Viaduct Cincinatti i 00
Replacement
Project
1124 Beatty, Joyce Bobcat Way: City of Grandview Grandview OH 100000
Transformation of Heights Heights 0
Fairview Avenue
1125 Beatty, Joyce Broad Street and City of Columbus Columbus OH 100000
James Road 0
Intersection
1126 Beatty, Joyce Cherry Bottom City of Gahanna Gahanna OH 860000
Road Emergency
Stabilization
1127 Ryan, Tim City of Akron-- City of Akron Akron OH 400000
North Main Street 0
Complete Streets
Project
1128 Kaptur, Marcy Cleveland Hopkins Northeast Ohio Cleveland OH 200000
Airport Master Areawide 0
Plan Interstate Coordinating
Access Agency (NOACA),
Improvement the metropolitan
Project planning
organization
(MPO) for Greater
Cleveland
1129 Ryan, Tim Cuyahoga Falls -- City of Cuyahoga City of OH 720000
Gorge Terrace Falls Cuyahoga 0
Street Falls
Transformation
Project
1130 Ryan, Tim Eastgate--State Eastgate Regional Howland OH 400000
Route 46 and Council of Township 0
Warren-Sharon Governments
Road Intersection
Safety
Improvements
1131 Beatty, Joyce Ferris Road Franklin County Columbus OH 200000
Corridor Engineer 0
1132 Beatty, Joyce Hiawatha Park City of Columbus Columbus OH 100000
Drive Urban 0
Greenway
1133 Beatty, Joyce Hudson Street and City of Columbus Columbus OH 100000
Greenway Trail 0
1134 Kaptur, Marcy Jackson Street/ City of Toledo Toledo OH 400000
Civic Center Mall 0
Corridor-Lucas
County
1135 Kaptur, Marcy Life and Safety TARTA, the Toledo Toledo OH 400000
Facility Area Regional 0
Upgrades, TARTA Transit Authority
M&O Facility
1136 Kaptur, Marcy Lorain County Northeast Ohio Lorain OH 400000
Lakefront Areawide Ohio 0
Connectivity Coordinating
Project Agency (NOACA)
1137 Ryan, Tim Mahoning Avenue The Mahoning Jackson OH 400000
Industrial County Engineer Township 0
Corridor Upgrade
1138 Kaptur, Marcy Multimodal Cuyahoga County, City of OH 200000
Lakefront Access, Ohio Cleveland 0
Cuyahoga County, Boundary,
Ohio including
Bay
Village,
Rocky
River,
and
Lakewood
1139 Beatty, Joyce Operation City of Columbus Columbus OH 200000
Safewalks--Refuge 0
e Road
1140 Beatty, Joyce Reynoldsburg East City of Reynoldsb OH 158500
Main Phase II Reynoldsburg urg 0
1141 Beatty, Joyce Reynoldsburg Park Central Ohio Reynoldsb OH 500000
& Ride Transit Authority urg
(COTA)
1142 Beatty, Joyce Rickenbacker Area Franklin County Columbus OH 500000
Access--Northboun Engineer 0
d Bridge Project
1143 Beatty, Joyce Rickenbacker Area Central Ohio Columbus OH 300000
Mobility Center Transit Authority 0
(RAMC) (COTA)
1144 Kaptur, Marcy Sandusky Bay City of Sandusky Sandusky OH 400000
Pathway 0
1145 Bice, Stephanie Bridges on City of Edmond Edmond OK 100000
Interstate 35 at 00
Interchanges
between Memorial
and 2nd Street
1146 Cole, Tom I-35 Widening in ODOT Love OK 171200
Love County County 00
1147 Bice, Stephanie I35/I240 Oklahoma Oklahoma OK 100000
Interchange Department of City 00
Transportation
1148 Luc I-40 and Exit 65 Oklahoma Clinton OK 325000
in Clinton Department of 0
Transportation
1149 Cole, Tom S.E. 29th Street ODOT Midwest OK 288000
Bridge City 0
Replacement &
Repair Project
1150 Luc SH30 from SH33 N. Oklahoma Durham OK 200000
2 miles in Roger Department of 0
Mills Co Transportation
1151 Luc SH-33 from Blaine Oklahoma Kingfishe OK 325000
County line east Department of r 0
to SH-74 Transportation
1152 Luc US-270 between Oklahoma Watonga OK 325000
Watonga and Department of 0
Seiling Transportation
1153 Luc US-287 from Boise Oklahoma Boise OK 325000
City north to Department of City 0
Colorado (Ports- Transportation
to-Plains
Corridor)
1154 Blumenauer, Earl 181st Safety City of Gresham Gresham OR 400000
Improvements 0
1155 Blumenauer, Earl 82nd Avenue City of Portland Portland OR 500000
Safety Projects 0
1156 DeFazio, Peter A. Albany Transit City of Albany Albany OR 156397
Operations 8
Facility
1157 Bonamici, Suzanne Beaverton City of Beaverton Beaverton OR 400000
Downtown Loop: 0
Phase 1
Improvements
1158 DeFazio, Peter A. Benton Area Benton County Corvallis OR 528000
Transit Vehicle
Replacement
1159 DeFazio, Peter A. Corvallis Area City of Corvallis Corvallis OR 880000
Pedestrian
Crossing
Improvements
1160 DeFazio, Peter A. Georgia Pacific Port of Coos Bay Coos Bay OR 450000
Mill Site Rail- 0
Served Marine
Terminal
1161 Schrader, Kurt I-5: Aurora- Oregon DOT Aurora OR 200000
Donald 00
Interchange
Improvement
Project
1162 DeFazio, Peter A. Libby Lane Coos County Coos Bay OR 486400
Repaving
1163 DeFazio, Peter A. LTD Electric Bus Lane Transit Eugene OR 184432
Replacement District 2
1164 Bonamici, Suzanne Main Avenue/OR City of Warrenton Warrenton OR 136000
104 Pedestrian 0
Route
1165 DeFazio, Peter A. NW Circle City of Corvallis Corvallis OR 280000
Boulevard 0
Reconstruction/
Rehabilitation
1166 Bonamici, Suzanne OR18: Newberg- Oregon Department Newberg OR 800000
Dundee Bypass of Transportation 0
Phase 2 (OR219
Section)
1167 DeFazio, Peter A. River Road--Santa City of Eugene Eugene OR 150000
Clara Bicycle and 0
Pedestrian Bridge
1168 Blumenauer, Earl Rose Lane / High City of Portland Portland OR 500000
Crash Corridor-- 0
Smart Tech and
Safety
Improvements--122
nd
1169 ............................. Safety and Smart City of Portland Portland OR 400000
Technology 0
Investments:
Central City,
Broadway
Blumenauer, Earl .................. .................. .......... .......... 200000
0
Bonamici, Suzanne .................. .................. .......... .......... 200000
0
1170 DeFazio, Peter A. Siuslaw River ODOT Florence OR 897300
Bridge Pedestrian
and Bicycle
Improvement
Project
1171 DeFazio, Peter A. Territorial Lane County Lane OR 500000
Highway County 0
Reconstruction
Phase 3
1172 Blumenauer, Earl TriMet Zero TriMet Portland OR 400000
Emission Bus 0
Infrastructure
1173 Bonamici, Suzanne Tualatin Valley Oregon Department Cornelius OR 400000
Highway Safety of Transportation , 0
Improvements Hillsboro
,
unincorpo
rated
Washingto
n County
1174 Joyce, John Amtran Bus AMTRAN Altoona PA 900000
Replacement
1175 Keller, Fred Asset Management Northern Tier RPO Washingto PA 280000
Phase 1 n/North 0
Branch/
Forkston
Townships
1176 Thompson, Glenn ``GT'' Bradford Bypass North Central Bradford PA 568000
Pennsylvania 0
Regional Planning
and Development
Commission
1177 Fitzpatrick, Brian Bristol Station Southeastern Bristol PA 500000
Improvements Pennsylvania 0
Transportation
Authority (SEPTA)
1178 Joyce, John Cambria County CamTran Johnstown PA 616000
Transit Authority 0
(CamTran) Bus
Replacements
1179 Reschenthaler, Guy Crawford Avenue PennDOT Connellsv PA 568218
Bridge Engineering ille 0
Rehabilitation District 12-0
1180 Kelly, Mike East Washington PennDOT New PA 311600
Road (PennDOT ID Engineering Castle 0
91768) District 11-0
1181 Kelly, Mike East Washington PennDOT New PA 140000
Street Bridge Engineering Castle 0
(PennDOT ID District 11-0
100743)
1182 Joyce, John Johnstown Vision Together Johnstown PA 150000
Mainstreet 2025 0
Greenway & Urban
Connectivity
Improvements
1183 Joyce, John Laurel Valley PennDOT Mt PA 500000
Transportation Engineering Pleasant 0
Improvement District 12-0 and Unity
Project SR 130 to Townships
Arnold Palmer
Airport
1184 Fitzpatrick, Brian Lower State Road Southeastern Philadelp PA 120000
Grade Crossing Pennsylvania hia 0
Safety Transportation
Improvements Authority (SEPTA)
1185 Keller, Fred Marsh Creek Tioga County Wellsboro PA 500000
Greenway Board of 0
Commissioners
1186 Thompson, Glenn ``GT'' PA Route 26 Centre County Bellefont PA 500000
Jacksonville Road Metropolitan e 0
Betterment Planning
Organization
1187 Fitzpatrick, Brian PA Turnpike / I- Pennsylvania Bensalem PA 500000
95 Interchange Turnpike 0
Project, Section Commission
C
1188 Fitzpatrick, Brian PA Turnpike / I- Pennsylvania Bensalem PA 500000
95 Interchange Turnpike 0
Project, Section Commission
D30
1189 Thompson, Glenn ``GT'' Purchase of 8 Centre Area State PA 416000
Microtransit Vans Transit Authority College
1190 Meuser, Dan Route 61 Northeastern Schuykill PA 152000
Revitalization Pennsylvania County 00
Alliance
1191 Kelly, Mike Sassafras Street PennDOT Erie PA 440000
Extension Engineering 0
Pedestrian Bridge
1192 Keller, Fred SR 1001 SEDA-COG Woodward PA 120000
Farrandsville Metropolitan Township 0
Road Improvements Planning and Lock
Organization Haven
1193 Keller, Fred SR 104 over SEDA-COG Chapman PA 100000
Mahantango Creek Metropolitan Township 0
Planning
Organization
1194 Reschenthaler, Guy SR2027 Speers PennDOT Speers PA 567256
Bridge Engineering Borough 4
Replacement over District 12-0
I-70
1195 Keller, Fred SR87 ov Kettle Northern Tier RPO Hillsgrov PA 104000
Creek e 0
Township
1196 Kelly, Mike State Route 68 PennDOT Butler PA 663000
Corridor Engineering 0
Improvements District 10-0
1197 Kelly, Mike US 422 Bypass PennDOT Butler, PA 245400
Phase 2 Engineering Connoquen 0
District 10-0 essing,
and
Franklin
Townships
1198 Kelly, Mike US 6: Reynolds PennDOT Meadville PA 200000
St--Baldwin St Engineering 0
Ext (Route 6 District 10-0
Highway
Reconstruction)
1199 Keller, Fred US Business Route Centre County State PA 555000
322 (State Route Metropolitan College 0
3014) Atherton Planning
Street Section Organization
153 Drainage/ (CCMPO)
Repaving Project
1200 Keller, Fred Warrensville Road Lycoming County, Williamsp PA 336000
Slide PA ort 0
Rehabilitation
1201 Reschenthaler, Guy Waynesburg PennDOT Waynesbur PA 800000
Betterment Engineering g Borough 0
District 12-0 &
Franking
Township
1202 Scanlon, Mary Gay 69th Street Southeastern Upper PA 160000
Transportation Pennsylvania Darby 0
Center Master Transportation
Plan Authority
1203 Cartwright, Matt Blakely Borough Lackawanna County Blakely PA 149741
Main Street Borough, 7
Corridor Lackwanna
Improvement County
Project
1204 Wild, Susan Bridge Northeastern Hamilton PA 200000
Replacement 209 & Pennsylvania Township 0
33 NB over Metropolitan
Appenzell Creek Planning
Organization
(NEPA MPO)
1205 Wild, Susan Bushkill Creek Lehigh Valley Easton PA 400000
Bridge Transportation 0
Replacements (2) Study
Carrying State
Route 33
1206 Lam Carnegie Station Port Authority of Carnegie PA 969920
Improvement and Allegheny County 0
Park and Ride
Expansion
1207 Boyle, Brendan F. Castor Ave City of Philadelp PA 300000
Complete Street Philadelphia hia 0
1208 Wild, Susan Cementon Bridge Lehigh Valley Whitehall PA 100000
Replacement Transportation , 00
carrying State Study Northampt
Route 329 over on
the Lehigh River
1209 Evans, Dwight Chestnut Street City of Philadelp PA 300000
Pedestrian Safety Philadelphia hia 0
Islands
1210 ............................. Cobbs Creek City of Philadelp PA 200000
Parkway Philadelphia hia 0
Multimodal Safety
Improvements:
Larchwood Avenue
to 67th St.
Scanlon, Mary Gay .................. .................. .......... .......... 120000
0
Evans, Dwight .................. .................. .......... .......... 800000
1211 Cartwright, Matt County of County of Scranton PA 500000
Lackawanna Lackawanna 0
Transit System Transit System
Transit Facility (COLTS)
Renovation
1212 Cartwright, Matt Crestwood Drive Luzerne County Wright PA 120000
Resurfacing Township, 0
Project Luzerne
County
1213 Doyle, Michael F. Critical City of Pittsburg PA 500000
Pedestrian Pittsburgh, h 0
Connections--Publ Department of
ic Steps Mobility and
Reconstruction Infrastructure
1214 Dean, Madeleine Cross County Montgomery Plymouth PA 484000
Trail--Germantown County, PA Township 0
Pike Crossing and
Extension
1215 ............................. Erie Station Southeastern Philadelp PA 720000
(Broad Street Pennsylvania hia 0
Line) Transportation
Accessibility Authority (SEPTA)
Improvements
Boyle, Brendan F. .................. .................. .......... .......... 360000
0
Evans, Dwight .................. .................. .......... .......... 360000
0
1216 Houlahan, Chrissy Exton Station Southeastern Exton PA 480000
Intermodal Pennsylvania 0
Connectivity Transportation
Authority (SEPTA)
1217 Boyle, Brendan F. Frankford Creek City of Philadelp PA 200000
Greenway: Adams Philadelphia hia 0
Avenue to Bristol
Street
1218 Evans, Dwight Franklin Square Delaware River Philadelp PA 240000
Pedestrian and Port Authority hia
Bicycle (``DRPA'')
Improvement--7th
and Race Specific
1219 Cartwright, Matt Hazleton Buses Lackwanna/Luzerne Hazleton PA 150000
and Bus Transportation 0
Infrastructure Study MPO
1220 Doyle, Michael F. Hill District City of Pittsburg PA 600000
Corridor Pittsburgh, h 0
Enhancements Department of
Mobility and
Infrastructure
1221 Doyle, Michael F. Improvements to PennDOT Pittsburg PA 500000
Boulevard of the Engineering h 0
Allies District 11-0
1222 Lam Kittanning Pike Pennsylvania O'Hara PA 220000
Flood Control Department of Township 0
Transportation
(PennDOT)
1223 Cartwright, Matt Lower Demunds Luzerne County, Dallas PA 120000
Road Resurfacing PA Township, 0
Project Luzerne
County
1224 Scanlon, Mary Gay Main Street Grade PA Department of Darby PA 100000
Crossing in Darby Transportation Borough 0
Borough
1225 Evans, Dwight Mantua City of Philadelp PA 400000
Neighborhood Philadelphia hia 0
Traffic Safety
Project (34th
St.)
1226 Scanlon, Mary Gay Marcus Hook Southeastern Marcus PA 112500
Regional Rail Pennsylvania Hook 00
Station Transportation
Accessibility Authority
Improvements
1227 Lam Market Place Moon Moon PA 310080
District Transportation Township 0
Improvements Authority
Project
1228 Lam McKees Rocks PennDOT McKees PA 500000
Bridge Rocks 0
1229 Doyle, Michael F. McKeesport--Duque PennDOT McKeespor PA 400000
sne Bridge Engineering t 0
Preservation District 11-0
1230 Houlahan, Chrissy PA 12 West Pennsylvania Wyomissin PA 400000
Resurface- 422 Department of g Borough 0
Transportation
1231 Evans, Dwight Parkside Avenue-- City of Philadelp PA 400000
Safe Access to Philadelphia hia 0
Parks
1232 Evans, Dwight Penn Center SEPTA Philadelp PA 397500
Transit Gateway hia 0
1233 Scanlon, Mary Gay PHL Airport Bike The City of Philadelp PA 300000
Lanes Philadelphia hia 0
1234 Cartwright, Matt Replacement of SR Wayne County, PA Salem PA 560000
590 Bridge over Township,
Branch of Ariel Wayne
Creek County
1235 Cartwright, Matt Replacement of SR Wayne County, PA Paupack PA 432000
590 Bridge over Township,
Inlet to Finn Wayne
Swamp County
1236 Boyle, Brendan F. Roosevelt City of Philadelp PA 196000
Boulevard Philadelphia hia 0
Intersection
Improvements
1237 Houlahan, Chrissy Schuylkill Avenue Pennsylvania Reading PA 490403
Bridge Department of 6
Transportation
(PennDOT)
1238 Boyle, Brendan F. Second Street City of Philadelp PA 240000
Signal Philadelphia hia 0
Optimization
(Lehigh Ave to
Callowhill St)
1239 Scanlon, Mary Gay SEPTA Platform City of Philadelp PA 120500
Rehabilitation Philadelphia hia 0
Project at PHL
1240 Cartwright, Matt Sleepy Hollow Lackawanna Butler PA 120000
Road Bridge County, PA Township, 0
Replacement Luzerne
County
1241 Dean, Madeleine South Henderson Upper Merion Upper PA 500000
Road Widening Transportation Merion 0
Authority
1242 Dean, Madeleine SR 29 & SR 113 Perkiomen Perkiomen PA 367651
Intersection Township Township 2
Improvements
1243 Dean, Madeleine SR 4004--Park Lower Providence Audubon PA 474560
Ave, Eagleville Township 4
Road, Crawford
Road Intersection
Realignment
Project
1244 Cartwright, Matt State Route 115 Northeast Chestnuth PA 400000
Corridor Pennsylvania MPO ill 0
Improvements (NEPA Alliance) Township,
Effort Monroe
County
1245 Cartwright, Matt State Route 590 Northeast Lackawaxe PA 240000
Paving Project Pennsylvania MPO n 0
(NEPA Alliance) Township,
Pike
County
1246 Cartwright, Matt State Route 652 Wayne County Berlin PA 100800
Resurfacing Township, 0
Project Wayne
County
1247 Wild, Susan Tilghman Street Lehigh Valley South PA 400000
and State Route Transportation Whitehall 0
309 Interchange Study Township
Reconstruction
1248 Scanlon, Mary Gay Upper Darby Upper Darby Upper PA 745000
Walnut Street Township Darby
Multimodal
Connectivity
Project
1249 Houlahan, Chrissy US 222 Hard Pennsylvania Wyomissin PA 500000
Shoulder Department of g Borough 0
Transportation
(PennDOT)
1250 Gonzalez-Colon, Jenniffer PRHTA-01 Lajas to Puerto Rico Lajas PR 500000
San German Highways and 0
Transportation
Authority
1251 Gonzalez-Colon, Jenniffer PRHTA-02 Gurabo Puerto Rico Gurabo PR 480000
Highways and 0
Transportation
Authority
1252 Gonzalez-Colon, Jenniffer PRHTA-03 Bayamon Puerto Rico Bayamon PR 788400
Highways and 0
Transportation
Authority
1253 Cicilline, David N. East Main Road-- Rhode Island Portsmout RI 240000
Union Avenue to Department of h
Sandy Point Transportation
Avenue Safe
Shared-Use Path
1254 Cicilline, David N. Hope and Main Rhode Island Bristol RI 800000
Street Sidewalks Department of and 0
Transportation Warren
1255 Cicilline, David N. Pawtucket Avenue Rhode Island East RI 560000
Veteran-s Department of Providenc 0
Memorial Parkway Transportation e
to Waterman
Avenue
1256 Lan Post Road and Old Rhode Island Westerly, RI 104000
Post Road Department of Charlesto 00
Improvements Transportation wn
(RIDOT)
1257 Lan Route 2, Bald. Rhode Island Warwick/ RI 400000
Hill Road, and Department of Cranston 0
New London Avenue Transportation
Improvements (RIDOT)
1258 Cicilline, David N. RT-114, Wampanoag Rhode Island Barringto RI 592000
Trail (East Shore Department of n and 0
Expressway to Transportation East
Federal Road) Providenc
e
1259 Lan Trestle Trail-- Town of Coventry Coventry RI 440000
West Section 0
1260 Mace, Nancy I 26/ 526 SCDOT North SC 200000
Interchange Charlesto 00
n
1261 Wilson, Joe SC-126 Belvedere Augusta-Aiken Clearwate SC 130696
Clearwater Road Metropolitan r 95
Widening Planning
Organization
1262 Clyburn, James E. Corridor Lower Savannah Calhoun SC 110000
Improvement at Council of County 0
Old State Road Governments
(US 21/176) from
Savany Hunt Creek
Road (S-86) to
Old Sandy Run
Road (S-31)
1263 Clyburn, James E. Intersection Lower Savannah Gaston SC 110000
Improvement at Council of 0
Old State Road Governments
(US 21/176) and
Savany Hunt Creek
Road (S-86)
1264 Clyburn, James E. Santee Wateree Santee Wateree Sumter SC 200000
Regional Regional 0
Transportation Transportation
#2022 Authority
1265 Clyburn, James E. Sumter Manning City of Sumter, Sumter SC 400000
Avenue Bridge South Carolina 0
Multimodal
Enhancements
1266 Clyburn, James E. US 21/178 Bypass County of Orangebur SC 780000
(Joe S. Jeffords Orangeburg g 0
Highway) Corridor
Improvement
1267 Clyburn, James E. Walk Bike City of Columbia Columbia SC 400000
Columbia 0
1268 Burchett, Tim Blount County Blount County Blount TN 342080
Greenway Highway County 0
Department
1269 Cohen, Steve Elvis Presley Tennessee Memphis TN 700000
Boulevard Department of 0
Transportation
(TDOT)
1270 Harshbarger, Diana Knob Creek Road Tennessee Johnson TN 263000
Department of City 0
Transportation
1271 Burchett, Tim Magnolia Avenue City of Knoxville Knoxville TN 100000
Corridor 00
1272 Cohen, Steve MATA Electric Bus Memphis Area Memphis TN 700000
Program Transit Authority 0
(MATA)
1273 Cohen, Steve Memphis 3.0 City of Memphis Memphis TN 300000
(Kimball at 0
Pendleton)
1274 Cohen, Steve Mississippi City of Memphis Memphis TN 114144
Boulevard 0
Signalized
Pedestrian
Crossing
1275 Cohen, Steve Overton Park City of Memphis Memphis TN 173943
Cooper Street 2
Entrance
1276 Harshbarger, Diana SR-126 Tennessee Kingsport TN 566200
Department of 0
Transportation
1277 Harshbarger, Diana SR-34 Tennessee Morristow TN 239400
Department of n 0
Transportation
1278 Harshbarger, Diana SR-35 Tennessee Greenvill TN 201800
Department of e 0
Transportation
1279 Harshbarger, Diana SR-36 Tennessee Spurgeon TN 544500
Department of 0
Transportation
1280 Harshbarger, Diana SR-499 EXT Tennessee Seviervil TN 832000
Department of le
Transportation
1281 Harshbarger, Diana SR-93 Horse Creek Tennessee Kingsport TN 777000
Department of
Transportation
1282 Harshbarger, Diana SR-93 Tennessee Fall TN 242000
Miscellaneous Department of Branch
Safety Transportation
Improvements
1283 Fleischmann, Charles Third/Fourth City of Chattanoo TN 250000
``Chuck'' Street Corridor Chattanooga ga 0
Project,
Chattanooga, TN
1284 Rose, John US-127 (SR-28) Tennessee Fentress TN 200000
Department of County / 00
Transportation Cumberlan
d County
1285 Jackson Lee 54 Scott Street Metropolitan Houston TX 200000
BOOST Corridor Transit Authority 00
project of Harris County,
Houston, Texas
(METRO)
1286 Doggett, Llo Austin Bergstrom City of Austin, Austin TX 100000
Spur Urban Trail Texas 00
1287 Doggett, Llo Austin Ross Road City of Austin, Austin TX 100000
Substandard Texas 00
Street
1288 Johnson, Eddie Bernice Bear Creek Road City of Glenn Glenn TX 332941
Improvement Heights Heights 7
Project
1289 Garcia, Sylvia City of South City of South South TX 126453
Houston--Concrete Houston Houston 0
Sidewalks
1290 Crenshaw, Dan Clay Road Bridge City of Houston- Houston TX 992957
Reconstruction Houston Public 7
Project Works
1291 Johnson, Eddie Bernice Dallas East Grand City of Dallas Dallas TX 130000
Avenue (SH-78) 0
Corridor Study &
Infrastructure
Improvements
1292 Johnson, Eddie Bernice Dallas Vision City of Dallas Dallas TX 100000
Zero 00
Implementation
1293 Veasey, Marc DART LED Light Dallas Area Rapid Dallas TX 208000
Replacement Transit (DART) 0
Project
1294 Allred, Colin DART Mobile Data Dallas Area Rapid Dallas TX 176000
Terminals System Transit (DART) 0
Upgrade Project
1295 Johnson, Eddie Bernice East Dallas Bus Dallas Area Rapid Dallas TX 891992
and Maintenance Transit (DART)
Facility
Renovation
Project
1296 Carter, John FM 3349/US 79 Williamson County Hutto & TX 100000
Railroad Grade Taylor 00
Separation
Project
1297 Sessions, Pete FM 60 from 2 Texas Department Caldwell TX 400000
miles east of SH of Transportation 0
36 to .8 miles
west of FM 2039
1298 Garcia, Sylvia Foley Street & East End District Houston TX 100000
Navigation 00
Realignment &
Infrastructure Re-
Use Construction
Phase
1299 Green, Al Fondren Road Houston Public Houston TX 110000
Reconstruction Works 00
with Transit and
Pedestrian
Enhancements
1300 Johnson, Eddie Bernice Greater Downtown City of Dallas Dallas TX 160000
Dallas Master 0
Plan
1301 Veasey, Marc Grove Street Fort Worth Fort Wort TX 325000
Intermodal Campus Transportation 0
Rehabilitation Authority (-
Trinity Metro-)
1302 Gonzalez, Vicente High Line Project City of Pharr Pharr TX 940160
1303 Vela, Filemon IBTC Texas DOT Donna and TX 350000
Alamo 0
1304 Sessions, Pete IH 45 from 1.5 Texas Department Fairfield TX 100000
miles south of S of Transportation 0
84 to US 84
1305 Vela, Filemon IH 69E Texas DOT Lyford TX 350000
and 0
Sebastian
1306 Pfluger, August Intersection at Permian Basin MPO Midland TX 652000
SH 191 and Yukon 0
Rd.
1307 Escobar, Veronica John Hayes County of El Paso El Paso TX 120000
Extension 00
1308 Green, Al Meadowglen West Westchase Houston TX 400000
Complete Street District 0
Project
1309 Fletcher, Liz Memorial Park Uptown Houston Houston TX 400000
Connector South District 0
1310 Green, Al Missouri City/BW Metropolitan Missouri TX 500000
8 Transit Transit Authority City 0
Facility of Harris County,
Houston, Texas
(METRO)
1311 Pfluger, August New Construction Permian Basin MPO Odessa TX 200000
Overpass at Loop 0
338 and South US
385
1312 Gonzalez, Vicente Pharr City of Pharr Pharr TX 286391
International 8
Bridge Dock
Expansion 1
1313 Gonzalez, Vicente Pharr City of Pharr Pharr TX 388000
International 0
Bridge-Commercial
Vehicle Staging
Area
1314 Arrington, Jodey Phase 3A--SL 88 Texas Department Lubbock TX 118200
from Memphis to of Transportation 00
CR 2240 (Ave. U)
(TxDOT Project
Id: 1502-01-029)
1315 Arrington, Jodey Phase 3B--SL 88 Texas Department Lubbock TX 818000
from SL 88 from of Transportation 0
Chicago Avenue to
Memphis Avenue
(TxDOT Project
Id: 1502-01-030)
1316 Pfluger, August Reconstruction of Permian Basin MPO Odessa TX 100000
US385 in Odessa 0
1317 Allred, Colin Re-establish City of Mesquite Mesquite TX 100000
Northwest Drive 00
Direct Access to
IH 635
1318 Carter, John RM 2243 Williamson County Leander TX 100000
Resiliency 00
Project
1319 Garcia, Sylvia Safe Access to Greater Northside Houston TX 120000
Transit Management 0
Improvements District
1320 Vela, Filemon SH 550 Cameron County Brownsvil TX 379152
Regional Mobility le 9
Authority (CCRMA)
1321 Sessions, Pete SH 6 from BS 6-R Texas Department College TX 400000
to SH 40 of Transportation Station 0
1322 Vela, Filemon South Parallel Cameron County San TX 650000
Corridor Phase Benito 0
III
1323 Gonzalez, Vicente South Park and City of McAllen-- McAllen TX 470000
Ride Project/ Metro McAllen 0
Electric Bus
Project Expansion
1324 Sessions, Pete Speegleville City of Waco Waco TX 837900
Road: Bridge at 0
Middle Bosque
River
1325 Escobar, Veronica Stanton Street City of El Paso El Paso TX 720000
Bridge ``Good 0
Neighbor
International
Bridge''
Intelligent
Transportation
System
1326 Allred, Colin The I-35 Texas A&M Dallas TX 750000
Innovative Transportation 0
Corridor Project Institute
1327 Pfluger, August Traffic Signal Permian Basin MPO Odessa TX 248000
Improvements Loop 0
338 at W Yukon Rd
1328 Veasey, Marc Trinity Lakes Fort Worth Fort TX 119628
Station--Fort Transportation Worth 00
Worth Authority
Transportation (``Trinity
Authority Metro'')
1329 Nehls, Troy TX SH 36 Texas Department Fort Bend TX 200000
Expansion of Transportation County 00
1330 Cuellar, Henry Vallecillo Road Webb County--City Laredo TX 140000
Project of Laredo 00
Regional Mobility
Authority
1331 Fletcher, Liz Westheimer BOOST Metropolitan Houston TX 160000
Transit Authority 00
of Harris County,
Houston, Texas
(METRO)
1332 Cloud, Michael Widen US-77 TxDOT Victoria TX 200000
00
1333 Cuellar, Henry Widening of US-83 Zapata County Zapata TX 578014
South of Zapata 8
Townsite Project
1334 Castro, Joaquin Zarzamora/Frio City of San San TX 156000
City Road RR Antonio Antonio 00
Overpass
1335 Owens, Burgess 1300 East/ Salt Lake City Salt Lake UT 200000
Richmond Street Corporation City 0
Reconstruction
1336 Moore, Blake 1500 West and Clinton City Clinton UT 120000
1300 North City 0
Roundabout
1337 Owens, Burgess 4700 South West Valley City West UT 300000
Project WVC Valley 0
City
1338 Owens, Burgess 700 West Project City of South South UT 300000
Salt Lake Salt Lake 0
City
1339 Moore, Blake BRT from Kimball High Valley Park City UT 650000
Junction to Park Transit District 0
City (S.R. 224)
1340 Curtis, John Colorado River Grand County Moab/ UT 100000
Pathway Phase IV Grand 0
County
1341 Curtis, John Fort Street Draper City Draper UT 915294
Reconstruct
1342 Owens, Burgess Frontage Road Herriman City Herriman UT 480000
Bypass 0
1343 Curtis, John FrontRunner Utah Transit Provo to UT 330000
Forward Authority Ogden 0
1344 Stewart, Chris Legacy Highway City of Centervil UT 150000
Frontage Road Centerville, Utah le 0
Project
1345 Owens, Burgess Midvalley Utah Transit Murray, UT 550000
Connector Authority West 0
Valley,
Salt Lake
City
1346 ............................. Neffs Canyon City of Salt Lake UT 800000
Trailhead Millcreek, Public City
Redesign Works Department
with USDA Forest
Service, Salt
Lake County Parks
& Rec, Unified
Fire Authority,
and Utah Division
of Forestry,
Fire, and State
Lands
Curtis, John .................. .................. .......... .......... 400000
Owens, Burgess .................. .................. .......... .......... 400000
1347 Stewart, Chris North Sugar Sanpete County Gunnison UT 172720
Factory Road 0
1348 Moore, Blake Ogden 25th Street Utah Transit Ogden UT 550000
Rebuild Project Authority 0
1349 Moore, Blake Ogden Canyon Ogden City Ogden UT 400000
Shared Use 0
Pathway Project
1350 Moore, Blake Park City Arts Park City Park City UT 120000
and Culture Municipal 0
District Roadway Corporation
and Connectivity
Project
1351 Curtis, John Provo Intermodal Provo City Provo UT 100000
Center Pedestrian 0
Bridge Project
1352 Curtis, John Safe Route to Greater Salt Lake Salt Lake UT 73345
School Sidewalk Municipal County
Project Services District
1353 Curtis, John Sharp/Tintic Utah Transit Springvil UT 170000
Railroad Authority le and 0
Connection Spanish
Fork
1354 Stewart, Chris SR-7 Exit 5 City of St. St. UT 500000
Interchange, George George 0
Southern Hills
Bridge and
Roadway
1355 Moore, Blake Young Street Morgan City Morgan UT 154740
Bridge and City 1
Connector Road
Project
1356 Beyer, Donald S., Jr. Arlington Ridge Arlington County Arlington/ VA 900000
Road Bridge and City of Alexandri 0
Alexandria a
1357 Scott, Robert C. ``Bobby'' Berkley Avenue City of Norfolk Norfolk VA 500000
Bridge 0
1358 McEachin, A. Donald Chesapeake All- City of Chesapeak VA 160000
Electric Mobile Chesapeake, VA e 0
Command Vehicle
Demonstration
Project
1359 McEachin, A. Donald Coalfields Virginia Grundy VA 409750
Expressway--RTE Coalfields 0
121 West Virginia Expressway
State Line to Authority
Grundy, VA
1360 McEachin, A. Donald Commerce Road City of Richmond Richmond VA 160000
Improvements 0
Project
1361 Lur Craney Island Virginia Portsmout VA 311150
Access Road Department of h 0
Transportation
1362 Scott, Robert C. ``Bobby'' Electric City of Chesapeak VA 160000
Emergency Chesapeake e 0
Response Vehicles
1363 McEachin, A. Donald Fall Line Trail-- City of Richmond Richmond VA 150000
Downtown Core 0
Enhancements
1364 Lur HRT Busne G. Transportation Virginia VA 237700
Replacement District Beach 0
Commission of
Hampton Roads dba
Hampton Roads
Transit
1365 Spanberger, Abigail Davis I-64 at Oilville Goochland County Goochland VA 343600
Road (Rte. 617) County 0
Interchange
1366 Connolly, Gerald E. I-66 Fairfax County Fairfax VA 400000
Transportation Government 0
Alternatives
1367 McEachin, A. Donald I-81 Northbound Virginia Marion VA 111600
Truck Climbing Department of 00
Lane--Mile Marker Transportation
39.5 (VDOT)
1368 Spanberger, Abigail Davis Intersection County of Louisa Troy VA 508270
Safety 0
Improvements at
the Intersection
of Route 15 and
Route 250
1369 Spanberger, Abigail Davis Intersection County of Louisa Louisa VA 205000
Safety 0
Improvements at
the Intersection
of Route 22 and
Route 780
1370 McEachin, A. Donald Interstate 95 and Chesterfield Chesterfi VA 320000
Willis Road County eld 0
Interchange
Improvements
Project
1371 McEachin, A. Donald Jahnke Road: City of Richmond Richmond VA 160000
Blakemore Road to 0
Forest Hill
Avenue
1372 Beyer, Donald S., Jr. Long Bridge Virginia Arlington VA 400000
Department of 0
Rail and Public
Transportation
1373 Wexton, Jennifer Mathis Corridor City of Manassas Manassas VA 700000
Revitalization 0
Project
1374 Beyer, Donald S., Jr. Multimodal City of Falls Falls VA 200000
Transportation Church Church 0
Infrastructure
Improvements
1375 Lur Nimmo Parkway City of Virginia Virginia VA 500000
Phase VII-B Beach Beach 0
1376 Connolly, Gerald E. Old Bridge Road Prince William Woodbridg VA 400000
at Gordon County Government e 0
Boulevard
Interchange/
Intersection
Improvements
1377 Lur Parallele G. Chesapeake Bay Northampt VA 311150
Chesapeake Tunnel Bridge and Tunnel on County 0
Project District
1378 Scott, Robert C. ``Bobby'' Peninsula Transit Transportation Newport VA 970207
Signal Priority District News and 1
Improvements Commission of Hampton
Hampton Roads
(Hampton Roads
Transit)
1379 Spanberger, Abigail Davis Red Lane Road/Rt. Powhatan County Powhatan VA 314566
60 Continuous 3
Green T
1380 Beyer, Donald S., Jr. Richmond Highway Fairfax County Fairfax VA 500000
Bus Rapid Transit Government County 0
1381 McEachin, A. Donald Roundabout at the Prince George Prince VA 354080
intersection of County George 6
Middle Road (Rt. County
646) and
Jefferson Park
Road (Rt. 630)
1382 McEachin, A. Donald Route 31 Bicycle Virginia Surry VA 637900
Accommodations Department of 0
Project Transportation,
and Surry County
1383 Wexton, Jennifer Route 7/Route 690 Loudoun County, Purcellvi VA 100000
Interchange Virginia lle 00
1384 Spanberger, Abigail Davis Rt. 208 Virginia Frederick VA 115100
(Courthouse Road) Department of sburg 0
and Hood Drive Transportation
Intersection
Improvement (UPC
110987)
1385 Connolly, Gerald E. Silver Line Fairfax County Fairfax VA 105000
Support Government 00
Transportation
Alternatives
1386 Scott, Robert C. ``Bobby'' The Birthplace of City of Newport Newport VA 316000
America Trail News News 0
1387 Lur Tidewater Drive City of Norfolk Norfolk VA 640000
Reconstruction 0
1388 Spanberger, Abigail Davis Transit Chesterfield Chesterfi VA 468880
Enhancement and County eld 0
Expansion
1389 Plaskett, Stacey E. St. Croix/St. Virgin Islands Christian VI 150000
Thomas Ferry Department of sted 00
Public Works
1390 Welch, Peter Barre City-Barre Vermont Agency of Barre VT 475000
Town VT Route 14 / Transportation 0
Quarry Street
and Quarry Hill
Road Intersection
Reconstruction
1391 Welch, Peter Essex Junction Vermont Agency of Essex VT 540000
Crescent Transportation 0
Connector
1392 Welch, Peter Railyard Vermont Agency of Burlingto VT 225000
Enterprise Transportation, n 0
Project (Design & City of
Permitting Phase) Burlington--Depar
tment of Public
Works
1393 Welch, Peter Town of Hartford Vermont Agency of Hartford VT 760000
(Quechee) U.S 4 Transportation 0
Bridge
Rehabilitation
1394 McMorris Rodgers, Cathy Bigelow Gulch and City of Spokane Spokane WA 265000
Sullivan Road Valley and Valley 0
Corridor Spokane County
1395 McMorris Rodgers, Cathy City of Waitsburg City of Waitsburg Waitsburg WA 350000
Highway 12
Preston Bridge
Replacement
1396 Herrera Beutler, Jaime Columbia Heights City of Longview Longview WA 550000
Road 0
Reconstruction
1397 McMorris Rodgers, Cathy Ferry County Ferry County Curlew WA 179700
Kettle River Road 0
Rehabilitation
1398 Herrera Beutler, Jaime I-5/SR 503 Washington State Woodland WA 117600
Interchange Area Department of 00
Improvements Transportation
1399 Herrera Beutler, Jaime Industrial Rail Port of Longview Longview WA 274000
Corridor 0
Expansion (IRCE)
1400 McMorris Rodgers, Cathy Palouse River Washington State Colfax WA 600000
Bridge Department of 0
Replacement Transportation
1401 McMorris Rodgers, Cathy Spokane Airport Spokane Airport Spokane WA 674900
Spotted Road Board 0
Project
1402 Newhouse, Dan SR 410/Rock Creek Washington State Naches WA 356200
Vic--Chronic Department of 0
Environmental Transportation
Deficiency
1403 McMorris Rodgers, Cathy SW Mojonnier Road City of College College WA 245357
Reconstruction Place Place 4
1404 Newhouse, Dan US 12 Naches Vic Washington State Naches WA 145200
to Yakima Vic-- Department of 0
Intersection Transportation
Safety
Improvements
1405 Newhouse, Dan US 97/Jones Rd-- Washington State Wapato WA 446400
Intersection Department of 0
Improvements Transportation
1406 Newhouse, Dan US Highway 12 Port of Walla Touchet WA 596593
Phase 8 Final Walla 1
Design and Right
of Way
Acquisition
1407 Newhouse, Dan Yakima County, Yakima County, WA Yakima WA 400000
East-West 0
Corridor Phase II
Project.
1408 Lar 169th Street City of Arlington Arlington WA 390000
Connecting 0
Segment
1409 DelBene, Suzan 20th Street NE / City of Lake Lake WA 200000
Main Street Stevens Stevens 0
Improvements
1410 Smith, Adam 42nd Ave S Bridge City of Tukwila Tukwila WA 127000
Replacement 0
Project
1411 Kilmer, Derek Aberdeen US 12 City of Aberdeen Aberdeen WA 208000
Highway-Rail 0
Separation
Project
1412 DelBene, Suzan Access and Town of Town of WA 129186
Circulation Roads Darrington Darringto 9
for the n
Darrington Wood
Innovation Center
1413 Smith, Adam Bellevue Transit City of Bellevue Bellevue WA 100000
Center Safety and 0
Connectivity
Project
1414 DelBene, Suzan City of Carnation City of Carnation Carnation WA 240000
Larson / 40th 0
Street Bypass
Project
1415 DelBene, Suzan City of Kenmore City of Kenmore Kenmore WA 122400
Fish Passable 0
Culvert
Replacements
1416 Strickland, Marilyn College Street City of Lacey Lacey WA 600000
Corridor 0
Improvements
Phase III
1417 Schrier, Kim Columbia River City of Wenatchee Wenatchee WA 860000
Pedestrian Bridge 0
Extension, Apple
Capital Loop
Trail
1418 Strickland, Marilyn E. 64th Street City of Tacoma Tacoma WA 560000
Phase II 0
1419 Jayapal, Pramila East Marginal Way Seattle Seattle WA 234000
Corridor Department of 0
Improvements--Pha Transportation
se 1 (SDOT)
1420 Smith, Adam Eastrail King County Bellevue WA 168000
Wilburton 0
Critical Crossing
1421 Smith, Adam Georgetown to Seattle Dept of Seattle WA 180000
South Park Transportation 0
Connection (SDOT)
1422 Kilmer, Derek Gorst Area Washington State Bremerton WA 800000
Resiliency and Department of 0
Redundancy Transportation
Alternatives
Study
1423 Lar Guemes Island Skagit County Anacortes WA 800000
Ferry Replacement 0
Project
1424 Jayapal, Pramila I-5/Lake Washington State Seattle WA 500000
Washington Ship Department of 0
Canal Bridge Transportation
1425 Schrier, Kim Lea Hill Corridor City of Auburn Aubrun WA 444620
112th Ave SE & 0
105th Pl SE
Intersection
Improvements
1426 Kilmer, Derek Links to City of Tacoma Tacoma WA 200000
Opportunity 0
Streetscape
Project
1427 Jayapal, Pramila Lyon Creek City of Lake Lake WA 310000
Culvert Forest Park Forest 0
Replacement Park
Project
1428 Smith, Adam Meeker Complete Kent, WA Kent WA 250000
Street/Safe 0
Routes to School
Project
1429 Smith, Adam MLK Jr. Way S City of Seattle Seattle WA 750000
Safety and Department of
Accessibility Transportation
Improvements
Project
1430 DelBene, Suzan NE 124th St / City of Kirkland Kirkland WA 200000
124th Ave NE 0
Pedestrian Bridge
(Totem Lake Non-
Motorized Bridge)
1431 Schrier, Kim Orting HWY 162 City of Orting Oting WA 600000
Pedestrian Bridge 0
1432 Smith, Adam Puyallup Avenue City of Tacoma Tacoma WA 200000
Transit/Complete 0
Street
Improvements
1433 Smith, Adam Rainier Avenue City of Renton Renton WA 200000
South Corridor 0
Improvements--Pha
se 4A
1434 DelBene, Suzan Redmond Central City of Redmond Redmond WA 300000
Connector Phase 0
III
1435 DelBene, Suzan Roundabout on US- City of Sultan Sultan WA 900000
2 and Main Street
1436 Kilmer, Derek Safe Routes to City of Tacoma Tacoma WA 100000
School 0
Improvements:
Whitman
Elementary and
Edison Elementary
Schools
1437 Strickland, Marilyn Sheffield Trail City of Fife Fife WA 275000
Improvement 0
Project
1438 Smith, Adam South Campus King County Metro Tukwila WA 300000
Interim Base 0
Electrification
1439 Strickland, Marilyn South Tacoma Way, City of Lakewood Lakewood WA 240000
88th Street S to 0
80th Street Court
SW.
1440 Lar South Whidbey-- Port of South Clinton WA 150000
Clinton Area Whidbey 0
Transportation
Infrastructure
Improvements
1441 Smith, Adam SR 99/NB Duwamish Washington State Seattle WA 200000
River Bridge-- Dept of 0
Grid Deck Transportation
Replacement
1442 DelBene, Suzan SR522 Corridor WSDOT Maltby WA 400000
Improvement 0
1443 Lar Town to Zylstra San Juan County Friday WA 528000
Lake Multi-Modal Public Works Harbor 0
Trail Department
1444 Smith, Adam Tukwila Sound Transit Tukwila WA 200000
International 0
Boulevard Bus
Rapid Transit
Station
1445 Kilmer, Derek US 12/Heron St Washington State Aberdeen WA 203816
Bridge Tier 1-- Department of 6
Bridge Transportation
Rehabilitation
1446 ............................. US-2 WB Trestle WSDOT Lake WA 168000
Stevens, 0
Everett
DelBene, Suzan .................. .................. .......... .......... 840000
Lar.................. .................. .......... .......... 840000
1447 Jayapal, Pramila Washington State Washington State Seattle WA 420000
Ferries Seattle Department of 0
Ferry Terminal Transportation
Shoreside
Electrification
1448 Jayapal, Pramila West Seattle and Sound Transit Seattle WA 536000
Ballard Link 0
Extensions
(WSBLE)
1449 Strickland, Marilyn X Street City of Tumwater Tumwater WA 325000
Roundabout 0
1450 Pocan, Mark Atwood Ave. (Fair City of Madison Madison WI 627500
Oaks Ave. to 0
Cottage Grove
Rd.)
1451 Moore, Gwen BeerLine Bike and City of Milwaukee Milwaukee WI 120000
Pedestrian Trail Department of 0
Public Works
1452 Pocan, Mark CTH CC from Ash Dane County Oregon WI 200000
Street to CTH D 0
1453 Pocan, Mark CTH CV from Dane County Madison WI 200000
Government Road 0
to USH 51
1454 Pocan, Mark CTH M/Century Dane County Middleton WI 200000
Avenue Bridge (B- 0
13-0046) over
Pheasant Branch
Replacement
Including
Approaches and
Branch Street
Intersection
1455 Pocan, Mark CTH P from CTH PD Dane County Klevenvil WI 200000
to CTH S le 0
1456 Moore, Gwen I-94 Screening Wisconsin Milwaukee WI 200000
Wall at Woods Department of 0
National Cemetery Transportation
1457 Moore, Gwen Milwaukee Country Milwaukee County Wauwatosa WI 400000
Transit Bus Department of 0
Purchase Transportation
1458 Moore, Gwen Milwaukee County Milwaukee County Wauwatosa WI 200000
Transit Security Department of 0
Initiative Transportation
1459 Moore, Gwen Reconstruction of City of Glendale Glendale WI 450000
Silver Spring 0
Drive
1460 Pocan, Mark Reedsburg--Barabo Wisconsin Reedsburg WI 125000
o, Preston Avenue Department of
to STH 23 Const./ Transportation
Mill & Overlay,
State 3R
1461 Pocan, Mark Reedsburg--Wiscon Wisconsin Reedsburg WI 160000
sin Dells STH 136 Department of 0
Intersection Transportation
Const./
Intersection
Improvement/RAB
Safety
1462 Moore, Gwen South City of St. St. WI 700000
Kinnickinnic Francis Francis
Avenue Department of
Resurfacing Public Works
Project
1463 Pocan, Mark US 14 (Wisconsin Wisconsin Arena WI 200000
River to Oak Department of 0
Street) between Transportation
Spring Green &
Madison
1464 Moore, Gwen Vliet Street City of Milwaukee Milwaukee WI 420000
Resurfacing Department of 0
Project Public Works
1465 Miller, Carol Hal Greer City of Huntingto WV 640000
Boulevard Huntington, WV n 0
Corridor Upgrade
1466 McKinley, David Michael Angiulli West Virginia DOT North WV 208000
Memorial Bridge View 0
1467 McKinley, David New Cumberland-- West Virginia DOT New WV 320000
WV 2 Cumberlan 0
d
1468 Miller, Carol Princeton West Virginia Princeton WV 360000
Overhead Bridge Department of 0
Transportation
1469 Miller, Carol Rock Creek West Virginia Rock WV 100000
Interchange--New Department of Creek 00
Access Road Transportation
1470 McKinley, David Route 93 Scherr West Virginia DOT Scherr WV 312000
Overpass 0
1471 McKinley, David Van Voorhis Road West Virginia DOT Morgantow WV 680000
n 0
1472 McKinley, David WVU PRT Passenger West Virginia Morgantow WV 480000
Stations University n 0
Rehabilitation Personal Rapid
Project Transit System
1473 Graves, Sam Excelsior Springs City of Excelsior Excelsior MO 944470
Safe Streets and Springs Springs 6
Sidewalks
----------------------------------------------------------------------------------------------------------------
Federal Mandates Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee finds that H.R. 3684 preempts the
following state, local, or tribal laws.
Specifically, Section 9553 establishes a 10-minute time
limit for freight trains blocking public grade crossings
enforced by the Federal Railroad Administration. This new
federal provision provides all parties certainty by preempting
state, local, and tribal provisions addressing blocked
crossings in accordance with the railroad safety preemption
provisions in 49 U.S.C. 20106.
Advisory Committee Statement
Section 5(b) of the Federal Advisory Committee Act requires
the report of any committee establishing, or authorizing the
establishment of any advisory committee, to include a statement
as to whether the functions of the proposed advisory committee
are being or could be performed by one or more agencies or by
an advisory committee already in existence, or by enlarging the
mandate of an existing advisory committee. The committee finds:
Section 1636 of the bill establishes the Roadway Worker
Protection Working Group. Consisting of at least one
representative of each of the following categories: state
departments of transportation; local governments or
metropolitan planning organizations; temporary traffic control
organizations; roadway user organizations; vehicle and
commercial vehicle manufacturers; labor organizations; traffic
safety organizations; motor carrier and independent owner-
operator organizations; law enforcement and first responder
organizations; autonomous vehicle technology companies; and any
other stakeholders that the Secretary determines appropriate.
Not later than 2 years after the date on which it is
established, the Working Group shall submit to the Secretary a
report that includes the findings of the review required under
this section and recommendations on safety countermeasures,
technologies, programs and policies for the Department of
Transportation to improve roadway work zone safety and
practices. The Working Group terminates 6 months after
completion of a report to Congress.
Section 4405 of the bill establishes the Advisory Committee
on Underride Protection. Consisting of no more than 20 people
selected from the truck and trailer manufacturers, motor
carriers, including independent owner-operators, law
enforcement, motor vehicle engineers, motor vehicle crash
investigators, truck safety organizations, the insurance
industry, emergency medical service providers, families of
underride crash victims, and labor organizations. The Advisory
Committee shall report to Congress biennially on underride
protection regulations. The Advisory Committee shall be
established under the Department of Transportation and include
such funds as may be necessary.
Section 5106 of the bill establishes the National
Cooperative Multimodal Freight Transportation Research Program
Advisory Committee. Consisting of at least 14 people selected
from the Department of Transportation, other relevant Federal
agencies, a state department of transportation, a local
government (other than a metropolitan planning organization), a
metropolitan planning organization, the trucking industry, the
railroad industry, the port industry, the logistics industry,
the shipping industry, a safety advocacy group with expertise
in freight transportation, academia with expertise on freight
transportation, academia with expertise on the greenhouse gas
contributions of freight movement, and a labor organization.
The Advisory Committee shall report to the Secretary on an
ongoing basis on multimodal freight transportation research.
The Advisory Committee shall be established under the
Department of Transportation and include such funds as may be
necessary.
Section 5304 of the bill establishes the Automated Vehicles
and Road User Interactions Study Working Group. Consisting of
at least 15 people selected from the National Highway Traffic
Safety Administration, state departments of transportation,
local governments (other than metropolitan planning
organizations), transit agencies, metropolitan planning
organizations, bicycle and pedestrian safety groups, highway
and automobile safety groups, truck safety groups, law
enforcement officers and first responders, motor carriers and
independent owner-operators, the road construction industry,
labor organizations, academia with expertise on automated
vehicle technologies, manufacturers and developers of both
passenger and commercial automated vehicles, and a motorcyclist
rights group. The Working Group shall report to the Secretary
not later than 2 years after the date of enactment of this Act
on the feasibility of safe interactions between automated
vehicles and general road users. The Working Group shall be
established under the Department of Transportation and include
such funds as may be necessary.
Section 5501 of the bill establishes the Ergonomic Seating
Working Group. Consisting of at least six people selected from
seat manufacturers, commercial vehicle manufacturers, transit
vehicle manufacturers, labor representatives for the trucking
industry, organizations engaged in collective bargaining on
behalf of transit workers in not fewer than three states, and
musculoskeletal health experts. The Working Group shall report
to the Secretary not later than 2 years after the date of
enactment of this Act on recommendations for improving
ergonomic seating standards. The Working Group shall be
established under the Department of Transportation and include
such funds as may be necessary.
Section 6008 of the bill establishes the Transportation
Equity Advisory Committee. The Secretary shall appoint an odd
number of members of not less than nine but not more than 15
members with balanced representation from academia, community
groups, industry and business, non-governmental organizations,
state and local governments, federally recognized Tribal
Governments, advocacy organizations, and indigenous groups.
Each member of the committee shall serve a 2-year term with not
more than two consecutive term reappointments, but may continue
service until a replacement is appointed. The committee shall
meet not less than two times each year with not more than 9
months between meetings.
Pursuant to section 5 of the Federal Advisory Committee
Act, the committee determines that the functions of the
advisory committees and the working groups established by the
INVEST in America Act are not being carried out by existing
agencies or advisory commissions. The committee also determines
that the advisory committees and the working groups have a
clearly defined purpose, fairly balanced membership, and meet
all of the other requirements of section 5(b) of the Federal
Advisory Committee Act.
The legislation further establishes the following task
forces, working groups, advisory boards, and advisory councils
which are not subject to the Federal Advisory Committee Act:
Access Measure Working Group (section 1403); Dig Once Funding
Task Force (section 1603); 21st Century Workforce Task Force
(section 1609); Transportation Construction Materials Working
Group (section 1613); Motorcyclist Advisory Council (section
3013); Truck Leasing Task Force (section 4305); Women of
Trucking Advisory Board (section 4309); Task Force to Promote
American Vehicle Competitiveness (5310); National Surface
Transportation System Funding Pilot Advisory Board (section
5402); Freight Fee Task Force (section 6006); and Amtrak Food
and Beverage Working Group (section 9211).
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Section-by-Section Analysis of the Legislation
Section 1. L Short title.
This section provides that this measure 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''.
Sec. 2. LTable of contents.
This section provides for the table of contents of the
bill.
Sec. 3. LReferences.
This section provides that any references to ``this Act''
applies only to the provisions of this bill within that
division.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2022
Sec. 101. LDefinitions.
Provides definitions for Division A.
Sec. 102. LExtension of Federal Surface Transportation programs.
Extends Fiscal Year (FY) 2021 enacted levels for Federal-
aid highway, transit, and safety programs through FY22.
Provides additional administrative expenses out of the Highway
Trust Fund (HTF) for the Federal Highway Administration (FHWA)
and the National Highway Traffic Safety Administration (NHTSA)
and out of the general fund for the Federal Transit
Administration (FTA). Increases the authorization for the
Capital Investment Grant (CIG) program. Adjusts the INFRA
multimodal cap to cover FY22. Ensures that Disadvantaged
Business Enterprise requirements apply to amounts made
available for highway and transit programs for FY22.
Sec. 103. LAdditional amounts for the Federal-aid highway program and
member designated projects.
Authorizes an additional $14.7 billion in contract
authority from the highway account above FY21 levels, provides
an equal amount of obligation authority to be distributed with
these funds, and distributes these amounts according to
existing formulas. Funds are distributed to states, Tribes,
Puerto Rico, territories, and Federal Land Management Agencies
for expenditure according to the broadest eligibilities under
each of those programs.
Of amounts distributed to states, territories, and Puerto
Rico, section 107 designates amounts for obligation on member
designated projects in accordance with the table in section
107(c). Allows for transit projects to be transferred to FTA
for administration consistent with FTA requirements. Amounts
designated for member designated projects are available until
expended, unless repurposed.
If funds cannot be obligated within a timely manner for a
member designated project, subsection (i)(2) provides a
mechanism to repurpose the contract authority and associated
obligation limitation for projects eligible under title 23 or
chapter 53 of title 49. Redistributed funds must be expended
within the same geographic area of the member designated
project, or on a project predominantly serving such area.
Repurposed funds are available for obligation for three fiscal
years after the Fiscal Year in which they are repurposed.
Sec. 104. LFederal Transit Administration.
Authorizes $1 billion from the mass transit account to
bring additional transit stations into compliance with the
Americans with Disabilities Act. Authorizes $1 billion from the
mass transit account to increase transit options, including
through startup operating expense assistance, in unserved and
underserved areas. Authorizes such sums as may be necessary
from the general fund to increase the Federal share for key
projects that demonstrate the need for additional Federal
investment.
Sec. 105. LNational highway traffic safety administration.
Provides an additional $244.5 million in contract authority
in FY21 for NHTSA highway safety programs. Provides obligation
authority to be distributed with the funds authorized under
this section and additional administrative expenses provided in
section 101.
Sec. 106. LFederal motor carrier safety administration.
Provides an additional $209.9 million in contract authority
in FY21 for FMCSA motor carrier safety programs.
Sec. 107. LMember designated project authorizations.
Authorizes projects designated by Members of Congress for
allocation from amounts made available under section 103.
Ensures that the Secretary has sufficient flexibility to carry
out the projects consistent with the intent of Congress.
DIVISION B--SURFACE TRANSPORTATION
Sec. 1001. LApplicability of division.
Delays the applicability and effective date of Division B
until October 1, 2022, except for sections 1105, 1107, 1305,
2104(c)(1), 2104(d), 2106, 2112, 2204(1)(A), 2204(1)(A), 2305,
2307, and 2902(2).
TITLE I--FEDERAL AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
Sec. 1101. LAuthorization of appropriations.
Authorizes $271.7 billion in contract authority for FY23
through FY26 for the Federal-aid Highway Program.
Reauthorizes U.S. DOT's Disadvantaged Business Enterprise
(DBE) program. Updates the findings based on committee review
of a number of disparity studies on file with the committee, as
well as a committee hearing titled ``Driving Equity: The U.S.
Department of Transportation's Disadvantaged Business
Enterprise Program'' held on September 23, 2020. This combined
information demonstrated the continued serious and significant
obstacles to success for minority-and women-owned businesses
caused by race and gender discrimination in the federally
assisted surface transportation market and related markets
across the United States. Revises the DBE size standard by
removing the surface-transportation specific business size
standards. Includes a Sense of Congress that contractors
utilizing disadvantaged business enterprises should ensure that
the percentage of the contract promised to the DBE is
fulfilled.
Sec. 1102. LObligation limitation.
Provides obligation authority to match the contract
authority authorized for FY23 through FY26. Makes the Federal
Land Transportation Program under 23 USC 203 exempt from
obligation limitation to ensure Federal land management
agencies can enter into contracts at the beginning of the
fiscal year. Ensures that Tribes, territories, and Puerto Rico
receive a dollar of obligation authority for every dollar of
contract authority authorized.
Sec. 1103. LDefinitions and declaration of policy. [23 USC 101]
Adds new definitions to 23 USC 101. Incorporates new
departmental policy goals for safety, climate change,
resilience, and environmental protection.
Sec. 1104. LApportionment. [23 USC 104]
Authorizes administrative expenses for the FHWA for FY23
through FY26. Establishes the distribution formulas for the
nine Federal-aid highway programs apportioned to states-the
National Highway Performance Program (NHPP), the Surface
Transportation Program (STP), the Highway Safety Improvement
Program (HSIP), the Congestion Mitigation and Air Quality
Improvement Program (CMAQ), the National Highway Freight
Program (NHFP), metropolitan planning, the railway crossing
program, the Predisaster Mitigation Program (PDM), the Carbon
Pollution Reduction Program, and the Clean Corridors Program.
Sec. 1105. LAdditional deposits into Highway Trust Fund.
Extends a provision to allow any additional sums deposited
into the HTF to be distributed through existing statutory
formulas without a need for further authorization and ensures
that set-asides are included in this calculation.
Sec. 1106. LTransparency. [23 USC 104(g); 106]
Revises the reporting requirements in 23 USC 104(g) to
ensure FHWA publishes programmatic and project-level
information about the Federal-aid highway program online in a
user-friendly format. Project-level information includes
detailed data on the cost, funding source, status, and location
of all projects funded under title 23 with a total cost of over
$5 million. In addition, the website must provide an
interactive map searchable by project number, state, and
congressional district.
Revises 23 USC 106 to ensure transparency and
accountability in the Federal-aid highway program. Provides
additional technical assistance to states and subrecipients to
ensure that Federal requirements are met. Establishes
guardrails to ensure that Federal-state funds exchange programs
do not circumvent labor requirements. Ensures that major
projects carried out through a public private partnership
conduct an analysis demonstrating that the procurement process
provides the best value for money. Establishes additional
oversight of ``megaprojects'' with a cost of over $2 billion,
including the establishment of an independent peer review group
to monitor the progress of the project and provide project
reports to the Secretary. Requires that all Special
Experimental Projects provide public notice and congressional
reporting for any activities conducted under this authority.
Directs the Government Accountability Office (GAO) to assess
the consistency of determinations made by FHWA division offices
and make recommendations based on the findings of this
assessment. Directs FHWA to strengthen the risk-based
stewardship and oversight program, based on the findings of a
Department of Transportation Office of the Inspector General
report.\1\
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\1\Gaps in FHWA's Guidance and the Florida Division's Process for
Risk-Based Project Involvement May Limit Their Effectiveness. U.S. DOT
Office of Inspector General Report No. ST2020035: Published May 12,
2020.
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In 2019, the Government Accountability Office issued a
report finding that the Infrastructure for Rebuilding America
discretionary grant program administered by the Secretary of
Transportation lacked consistency and transparency.\2\ The
report found that The Department only followed up with certain
applicants with missing information, and did not clearly
communicate and document its process regarding applicant
followup. In addition, some projects received awards even
though they did not address all of the merit criteria. The
Department's documentation of grant awards does not provide
insight into why projects were selected for awards, an issue
GAO had previously identified.
---------------------------------------------------------------------------
\2\Actions Needed to Improve Consistency and Transparency in DOT's
Application Evaluations. GAO-19-541: Published: Jun 26, 2019. Publicly
Released: Jul 18, 2019.
---------------------------------------------------------------------------
To address these significant transparency, accountability,
and fairness concerns, the bill significantly strengthens
congressional oversight and required documentation for the
discretionary grant programs administered by the Department.
Requires that project selection be based on data driven
determinations, quantified, and documented. Provides all
unsuccessful grant applicants with an opportunity to be
debriefed by the Department. Ensures that Congress receives and
is given the opportunity to review the proposed list of grant
awards and the basis of selections prior to award of grant
funds.
Sec. 1107. LComplete and context sensitive street design. [23 USC 109]
Revises roadway design standards under 23 USC 109 to
require consideration of all users of the transportation
facility, including pedestrians, bicyclists, public transit
users, children, older individuals, individuals with
disabilities, motorists, and freight vehicles. Instructs
project sponsors to design in a manner that is tailored to the
context of that facility, rather than a ``one size fits all''
approach.
Ensures that the plans and specifications for all Federal-
aid highways take into consideration context sensitive design
principles. Requires the Secretary to publish guidance
outlining context sensitive design, including providing model
policies and procedures that states and other project sponsors
can use when adopting their plans to implement context
sensitive design principles.
Replaces the requirement that interstate design accommodate
strict 20-year traffic forecasts on the interstate, and instead
allows states to focus on the existing and future operational
performance of the facility. Requires the Secretary, in
consultation with the American Association of State Highway and
Transportation Officials, to approve design standards for the
National Highway System (NHS) that take into consideration
context sensitive design principles and authorizes design
flexibility for local governments for Federal-aid highway
projects off the NHS.
Sec. 1108. LInnovative project delivery Federal share. [23 USC 120]
Increases the Federal share for projects that use
innovative materials, recycled content, processes that reduce
greenhouse gas emissions and other pollution, innovative bridge
construction technologies, advanced digital construction
systems, and work zone safety contingency funds.
Allowing states to increase the Federal share can
accelerate the adoption of effective and innovative project
delivery methods. These changes will encourage states to adopt
new practices that have shown promise to increase safety in
work zones, improve environmental outcomes, and accelerate
project delivery. For example, the use of advanced digital
construction management systems throughout the construction
lifecycle has been identified as one way to reduce project
costs and improve asset management practices once construction
is complete.
Sec. 1109. LTransferability of Federal-aid highway funds. [23 USC 126]
Limits the transferability of Transportation Alternatives
Program (TAP) funds unless the state runs a competition and is
unable to distribute the suballocated funds. Limits the
transferability of the Railway Crossing Program funds unless
the state demonstrates that it has met all its needs for the
installation of protective devices at railway highway grade
crossings, which is consistent with the treatment of funds
under the existing railway-highway grade crossing set aside
established under 23 USC 130. Restricts the transferability of
funds apportioned for the Clean Corridors Program.
Limits transfer out of programs related to carbon pollution
reduction and air quality but maintains flexibility by allowing
up to 50 percent of apportioned contract authority per year to
be transferred between the Carbon Pollution Reduction Program
and CMAQ.
Sec. 1110. LTolling. [23 USC 129]
Ensures, by reinstating a requirement for tolling
agreements with FHWA, that project sponsors seeking to
institute tolls on any Federal-aid highway project or for
conversion of any part of the NHS (including the interstate)
consider the following factors: congestion and air quality
impacts on both the toll facility and non-tolled routes onto
which traffic might be diverted; planned investments to improve
public transportation or other non-tolled alternatives in the
corridor; environmental justice and transportation equity
impacts; impacts on freight movement; and economic impacts on
travelers. Ensures that public transportation vehicles and
intercity buses can use new toll facilities without paying a
toll. Requires that any new toll facilities provide for
electronic interoperability with other providers in the region
and seeks to facilitate interoperable electronic tolling.
Provides mainstream authority for congestion pricing,
subject to the considerations above, as well as impacts on
congestion on the facility, adjacent routes, and the corridor
to ensure that any planned investments in operational
improvements or in alternate travel options reduce congestion
in the corridor.
Strengthens the limitations on surplus revenues to ensure
that any additional funds must be used within the corridor to
improve operations or capacity of public transportation,
operational improvements, or other alternatives to the tolled
facility. Allows toll revenues to be used to fund toll rebate
programs for commuters with no reasonable alternative to the
toll facility. Toll revenues may only be invested outside the
corridor if all the needs of both the facility and the corridor
have been met.
Repeals the Interstate System Reconstruction and
Rehabilitation Pilot program, and sunsets the Value Pricing
Pilot Program from accepting new projects. It is the sense of
the committee that the Department of Transportation (DOT) carry
out any existing projects under the Value Pricing Pilot Program
consistent with the statutory requirements of that program and
the department's longstanding interpretation of title 23.
Section 1012(b)(3) of the Intermodal Surface Transportation
Efficiency Act (ISTEA) of 1991, as amended, clearly states that
any project revenues in excess of pilot project operating costs
may be used for any projects eligible under title 23. Under 23
USC 133(b)(4), ``transit safety infrastructure improvements and
programs'' are eligible under the existing Surface
Transportation Block Grant Program, and it has been FHWA's
longstanding interpretation that CMAQ funds may be used for new
transit service, system or service expansion, new vehicles, and
fare subsidies, if such projects or programs improve air
quality.
Sec. 1111. LHOV facilities. [23 USC 166]
Ensures that only low emission and hybrid single occupancy
vehicles can utilize HOV lanes. Allows emergency vehicles and
blood transport vehicles to use HOV lanes when responding to an
emergency. Lowers the HOV degradation standard from 45 miles
per hour to 35 miles per hour to align with the degradation
standards for congestion pricing established under section
1110.
Sec. 1112. LBuy America. [23 USC 313]
Adds ``construction materials'' to the materials covered by
Buy America and requires FHWA to issue a rule implementing this
requirement that allows FHWA to increase domestic content for
construction materials over time based on availability. Directs
FHWA to carry out research on domestic availability and
identify suppliers of Buy America compliant materials to
facilitate compliance with these requirements and support
domestic jobs.
Ensures a transparent public process before waiving Buy
America requirements. Strengthens existing domestic content
requirements by requiring the Secretary to reevaluate any
standing nationwide waivers every 5 years, including the
manufactured products waiver, to determine whether those
waivers remain necessary. This reevaluation must take into
consideration the research on domestic availability and supply
chains described above. Codifies longstanding congressional
reporting requirements. Clarifies that the reevaluation does
not apply to FHWA policy or regulations regarding iron and
steel.
Clarifies that the application of Buy America requirements
within the scope of a NEPA determination under 23 USC 313(g)
also applies to an applicable environmental process, review, or
finding authorized under the NEPA substitution authority
pursuant to 23 USC 330.
Sec. 1113. LFederal-aid highway project requirements.
Ensures that prevailing wage requirements in 23 USC 113
apply to any funds made available for highway construction
under title I of this Act or title 23, USC. Non-highway or
multimodal projects that are awarded funding under sections
1301, 1302, 1304, or 1306 are required to follow the relevant
labor requirements of the applicable mode, as described in
those sections. Makes conforming edits to clarify the treatment
of projects under the STP, NHFP, and Jason's Law.
Sec. 1114. LState assumption of responsibility for categorical
exclusions. [23 USC 326]
Increases the allowable agreement term under 23 USC 326
from three to 5 years for a state that has assumed the
responsibility under that section for at least 10 years.
Sec. 1115. LSurface transportation project delivery program written
agreements. [23 USC 327]
Increases the allowable agreement under 23 USC 327 from
five to 10 years for a state that has assumed the
responsibility under that section for at least 10 years. For
any agreement with a term of greater than 5 years, requires an
audit of the first 5 years of the agreement term. Clarifies
that a state that has assumed the responsibility under that
section is treated as a Federal agency for the purposes of the
Equal Access to Justice Act, and clarifies that funds under
title 23 can be used to pay for state costs incurred carrying
out this section.
Sec. 1116. LCorrosion prevention for bridges.
Requires states to implement corrosion management
requirements to improve the lifespan of bridges and ensure
state of good repair. Ensures that federally funded bridge
corrosion prevention projects are carried out by certified
contractors that provide appropriate training for employees and
utilize certified coating applicators on covered bridge
projects.
Sec. 1117. LSense of Congress.
States the sense of Congress that states should utilize
life-cycle cost analysis to evaluate the total economic cost of
a transportation project over its anticipated life.
Sec. 1118. LAccommodation of certain facilities in right-of-way.
Streamlines the requirements for accommodation of certain
beneficial facilities, such as renewable energy generation and
electrical transmission facilities in the right-of-way of a
Federal-aid highway.
Sec. 1119. LFederal grants for pedestrian and bike safety improvements.
Grants an allowance for a public authority in a National
Scenic Area to receive Federal funding for pedestrian and bike
safety improvements on that facility.
Subtitle B--Programmatic Infrastructure Investment
Sec. 1201. LNational highway performance program. [23 USC 119]
Revises the NHPP to emphasize state of good repair needs
identified in the transportation asset management plan before
constructing new highway capacity. States must also consider
whether an operational improvement or transit project would be
more cost-effective than a capacity expansion for single
occupancy vehicles. Any new capacity project must support the
achievement of the state's performance targets. The cost
effectiveness analysis shall take into consideration the
maintenance cost of a new capacity project and ensure that any
travel demand modeling has a documented record of accuracy. The
term ``new capacity'' applies to through travel lanes and does
not include essential safety or other operational improvements,
such as adding turn or merge lanes, straightening curves,
improving shoulders, or widening the facility to better
accommodate people walking and biking.
Adds eligibilities for protective features, as defined in
23 USC 101. This term provides eligibility for resilience
investments that are eligible under the PDM program for
facilities eligible under NHPP, such as improving culverts and
other flood management strategies, integrating of natural
infrastructure into roadway design undergrounding, and
undergrounding public utilities while undertaking a
transportation project. In addition, provides explicit
eligibility for evacuation routes, projects to reduce carbon
pollution eligible under the CPR program, and wildlife
crossings. Adds eligibility for the removal, retrofit, or
repurposing of a highway on the NHS that creates a barrier to
community connectivity to improve access to multiple modes of
transportation. It is the sense of the committee that providing
such cross-program eligibility increases the flexibility of the
Federal-aid Highway Program and facilitates project delivery,
and FHWA should continue to harmonize eligibilities across
programs, consistent with Federal law.
Requires states to consider climate change when preparing
their transportation asset management plans. Many states are
already doing this work and realize cost savings over the life
cycle of their transportation assets, but FHWA can provide
technical assistance and facilitate the adoption of best
practices to ensure the resilience and cost effective
maintenance of the transportation system.
Sec. 1202. LIncreasing the resilience of transportation assets. [new 23
USC 124]
Revises sections 134 and 135 of title 23 to require the
Metropolitan Planning Organization (MPO) and state-prepared
long-range transportation plans to include strategies to
mitigate and reduce climate impacts and a vulnerability
assessment of critical transportation assets, evacuation
routes, and facilities repeatedly damaged by disasters. The MPO
and state must identify projects to address identified
vulnerabilities, and these projects are eligible for funding
under the newly established pre-disaster mitigation program.
Establishes a pre-disaster mitigation program under 23 USC
124, which receives $6.25 billion in apportioned funds over the
life of the bill for resilience projects identified in the
state and MPO vulnerability assessments. Construction of
resilience improvements, including construction of natural
infrastructure or protective features, are eligible on any
existing highway or transit asset eligible under titles 23 or
49. Funds can also be used to relocate or construct
alternatives to transportation infrastructure that is
repeatedly damaged by extreme weather events, to address
current and future vulnerabilities to evacuation routes
designated in an MPO or state's vulnerability assessment, or
for disaster recovery, training, and, telework programs.
Projects eligible for funding under this section must be
designed to ensure resilience over the life of the facility.
Requires projects that encroach within the limits of a
flood-prone area to be designed and constructed to be resilient
to current and projected changes in flooding, taking into
consideration anticipated changes due to climate change and
planned land use changes.
Sec. 1203. LEmergency relief. [23 USC 125]
Clarifies that cost-justified resilience improvements are
eligible for Emergency Relief (ER) funding. For ER projects to
permanently repair or reconstruct a ``repeatedly damaged
facility'' identified in the state's transportation asset
management plan, a recipient of ER funding must consider and
incorporate any cost justified resilience improvements to
reduce the likelihood of future damage to that facility.
Ensures that wildfires are covered under the definition of
natural disaster. Gives eligible entities additional time after
a disaster to carry out an ER project.
Authorizes for appropriation a ``Pre-Disaster Hazard
Mitigation Pilot Program'' that, on an annual basis,
distributes any appropriated funding in an amount up to 5
percent of the total amount of funds made available to each
eligible entity under the ER program. Funds distributed under
this program must be used to increase the resilience of
transportation facilities under the jurisdiction of the
recipient.
Directs FHWA to update the ER manual to incorporate the
resilience requirements established under this section, develop
best practices for incorporating resilience in transportation
projects, and provide this information to states and division
offices.
Sec. 1204. LRailway crossings. [23 USC 130]
Establishes a standalone railway crossing program, based on
the railway-highway grade crossing set aside, raising the
overall level of investment in safety projects under the bill.
Requires railroads to contribute the share for projects that
provide a benefit to the railroad and removes the statutory cap
on these contributions. Expands eligibilities to projects to
mitigate lost access from a crossing closure and strategies to
prevent or reduce trespasser fatalities and injuries along
railroad rights-of-way. Clarifies that replacement of
functionally obsolete protective devices is eligible under the
program. Allows railway crossing funds to be used toward the
cost of projects selected for the Federal Railroad
Administration's Consolidated Rail Infrastructure and Safety
Improvements discretionary grant program.
Directs the GAO to assess the effectiveness of the railway
crossing program. Emphasizes congressional intent that U.S. DOT
should coordinate departmental efforts to reduce trespasser
deaths at railroad rights-of-way.
Sec. 1205. LSurface transportation program. [23 USC 133]
Adds eligibilities for resilience improvements, natural
infrastructure, reducing carbon pollution, bus frequency and
ridership enhancement projects, wildlife crossings, and
hovercraft and hovercraft terminal facilities. Allows for up to
15 percent of STP funds suballocated to rural areas and small
cities to be expended on local roads and rural minor collectors
(such as farm to market roads).
Increases the percentage of STP funds that are suballocated
based on population from 55 percent under current law to 60
percent over the life of the bill. Revises the suballocation to
four population bands: 200,000 and above; 50,000-200,000;
50,000-5,000; and under 5,000. Provides for additional
transparency and coordination requirements for suballocated
funds to ensure that local governments receive their equitable
share of funds based on population. Requires that the state
DOTs provide metropolitan planning areas representing
transportation management areas an estimate of the amount of
obligation authority that is expected to be made available to
that area each fiscal year.
Authorizes a joint technical assistance program for areas
with a population of 200,000 and above to ensure efficient
project delivery and facilitate compliance with applicable
state and Federal project requirements. Such technical
assistance can include employing a state, regional, or local
government liaison to facilitate enhanced collaboration between
state and local governments in the administration of highway
projects. Requires states to provide metropolitan planning
organizations with an estimate of the amount of obligation
limitation that will be provided in each area at the beginning
of each fiscal year, to make it easier to local governments to
plan projects.
Increases the off-system bridge set-aside to 20 percent of
STP funds made available in any area of the state for FY20,
which will provide an approximately $1 billion investment
annually in off-system bridges. Consistent with existing law, a
state can receive an exemption from this requirement if it can
demonstrate insufficient off-system bridge rehabilitation needs
to justify the expenditure. Amounts expended under the off-
system bridge set-aside can be used to meet a state's minimum
bridge investment requirement established under section 1207 of
this Act.
Sec. 1206. LTransportation alternatives program. [23 USC 133(h)]
Provides funding for the Transportation Alternatives
Program (TAP) as a 10 percent set-aside out of STP. Increases
the share of the program's funds that must be suballocated to
areas of the state based on population from 50 percent to 66
percent. A state may suballocate up to 100 percent of its TAP
funding if certain conditions are met and upon approval of the
Secretary. Boosts the recreational trails set-aside in
proportion to the increase for TAP. Requires states to provide
sufficient obligation authority over the life of the bill to
ensure this suballocated contract authority can be obligated in
a timely manner, consistent with the requirement under STP.
Lists the longstanding eligibilities under the program in
23 USC 133(h), and adds vulnerable road user safety planning as
an explicit eligibility. Adds metropolitan planning
organizations that serve urbanized areas with a population of
200,000 or fewer as eligible recipients. Allows state DOTs to
carry out TAP projects at the request of any other eligible
applicant. Ensures that the competitive process carried out
under this section includes consideration for low impact,
transit dependent, and high need areas.
Allows a state to set aside up to 5 percent of the
program's funds to assist project sponsors with improving their
applications and expediting project delivery. Allows the
Secretary to take such action as may be necessary to facilitate
efficient and timely delivery of small and low impact projects
carried out within the existing built environment. Strengthens
the reporting and tracking of projects carried out under this
section.
Allows a state to use HSIP funds to cover the non-Federal
share of the cost of a TAP project, and places restrictions on
the ability of the state to transfer TAP funds out of the
program. Provides flexibility for a state to meet the non-
Federal match for a TAP project on a multiple-project or
programmatic basis.
Sec. 1207. LBridge investment. [23 USC 144]
Streamlines bridge project delivery by removing the
prohibition against using multiple sources of Federal funding
for one bundle of bridge projects and allows the bundling of
bridge resiliency projects. Creates a new minimum bridge
investment requirement that ensures states spend no less than
20 percent of their two largest apportioned programs on bridge
repair and rehabilitation projects. Provides states with
flexibility to meet that goal over the 4-year period from FY23
through FY26.
Establishes program goals that include improving state of
good repair for bridges; improving the safety, efficiency, and
reliability of bridges; and reducing the number of bridges in
poor condition, or at risk of falling into poor condition, that
do not meet current geometric design standards, or that are
insufficient to meeting load or traffic requirements. Includes
projects such as seismic retrofits, corrosion control,
systematic preventative maintenance, bridge inspections, bridge
resiliency and natural infrastructure, and removal of
structurally deficient bridges to improve community
connectivity as eligible projects toward the minimum bridge
investment requirement.
Requires the Secretary to annually issue a bridge
investment report detailing state-by-state expenditure of
Federal funding on bridge projects.
Sec. 1208. LConstruction of ferry boats and ferry terminal facilities.
[23 USC 147]
Amends the authorization for ferry boats and related
infrastructure, which receives a 50 percent increase under
section 1101.
Sec. 1209. LHighway safety improvement program. [23 USC 148]
Revises HSIP to require each state, in consultation with
regional and local partners, to establish a vulnerable road
user safety assessment as part of its strategic highway safety
plan. This assessment will identify corridors and hot spots
that pose a high risk to bicyclists and pedestrians. It will
further require states to develop a program of projects or
strategies to reduce identified safety risks. States with high
levels of bicyclist and pedestrian serious injuries and
fatalities per capita will be required to undertake projects,
from their STP funds, to address these identified safety
issues. Directs MPOs to also establish a vulnerable road user
safety assessment and provides funding to MPOs that represent
high-risk areas to address safety hazards if the MPO has
established a vulnerable road user safety assessment. These
assessments will also identify projects that are eligible for
funding under the safe streets for all set aside established
under section 1218 (23 USC 148(m)).
Amends strategic highway safety plan requirements to take
into consideration a multimodal approach to safety. The plan
must take into consideration a ``safe system approach'' to
roadway design that incorporates the likelihood of human error
in order to prevent fatalities. Requires the state strategic
highway safety plan to take Tribal safety planning processes
into consideration. Provides additional flexibility to use a
data-driven, multidisciplinary approach to reducing fatalities
and serious injuries and empowers each state to develop a
program of projects to address its unique safety needs.
Restores the ability, rescinded in MAP-21, to use up to 10
percent of a state's HSIP funds for public awareness,
education, and other non-infrastructure efforts. Makes vision
zero planning under section 1601 an eligible HSIP expense.
Ensures that penalties and set-asides do not divert from
safety needs identified in the state strategic highway safety
plan. Replaces the railway-highway grade crossing set-aside,
which was a 10 percent takedown of HSIP, with a standalone
railway crossing program under 23 USC 130. Provides additional
flexibility for states to meet any special rule obligation
requirements within a 2-year window, rather than within the
fiscal year, to ensure that states have adequate time to plan
and program the best projects.
Strengthens the emphasis on high risk rural roads by
increasing total investment in rural roads while reducing
variances among the states that trigger the special rule to
provide states with more certainty when planning these
projects. Requires FHWA update guidance on rural road safety.
Sec. 1210. LCongestion mitigation and air quality improvement program.
[23 USC 149]
Adds eligibility for shared micromobility projects,
including bikeshare, shared scooters, and docking stations.
Adds eligibility for projects to mitigate seasonal or temporary
traffic congestion from travel or tourism. Amends the program's
clean vehicle provisions to include hydrogen fueling stations
as an eligible activity. Modifies the eligibility of program
funds to be used for operating assistance, including providing
additional assistance for projects that continue to demonstrate
net air quality benefits.
Sec. 1211. LElectric vehicle charging stations. [23 USC 155; 111]
Requires electric vehicle charging stations that receive
title 23 funds to be usable by the majority of EV drivers,
accessible to all members of the public, and network-capable.
Directs U.S. DOT to establish guidance to provide for the
interoperability of EV charging stations, in consultation with
the Secretary of Energy. Such standards include training of
technicians, network connectivity, and physical and payment
interoperability. Allows EV charging in the interstate right of
way, including rest areas and park and rides.
Sec. 1212. LNational highway freight program. [23 USC 167]
Revises the program's goals to include further
consideration of environmental and equity impacts. Allows
states to designate additional critical rural freight corridor
and critical urban freight corridor mileage. Eliminates program
eligibility restrictions for states with higher percentages of
the primary freight network mileage. Removes the cap on funding
multimodal freight projects, provided that the projects
contribute to the efficient movement of goods on the National
Freight Network.
Sec. 1213. LCarbon pollution reduction. [new 23 USC 171]
Creates a new carbon pollution reduction apportionment
program. Provides broad flexibility to the states to fund
projects eligible under title 23 or chapter 53 of title 49,
provided that the projects reduce greenhouse gas emissions.
Includes eligibility for intercity bus vehicles and facilities
and passenger rail projects that reduce greenhouse gas
emissions and improve mobility on public roads. Allows states
to use up to 10 percent of funds for operating costs of public
transportation and intercity passenger rail. Requires the
Secretary to annually evaluate carbon dioxide emissions per
capita on public roads in each state and issue an accompanying
progress report. States that achieve the most significant
reductions in carbon dioxide emissions will receive additional
flexibility in project Federal share and program
transferability. States making the least progress in emissions
reduction are required to dedicate additional Federal funds to
projects that will reduce emissions. The Secretary, in
consultation with the Environmental Protection Agency (EPA),
will periodically issue a report detailing which types of
projects eligible under this section prove most effective in
reducing carbon pollution.
Sec. 1214. LRecreational trails. [23 USC 206]
Allows project sponsors to apply recreational trails
program requirements to trails projects funded with any
apportioned program dollars, to facilitate more efficient
project delivery. Clarifies that ``motorized recreation'' does
not include electric bicycles and aligns the definition of e-
bikes with 23 USC 217 to reduce potential conflicts on trails
between motorized and non-motorized users. Ensures that
volunteers and non-profits can continue to carry out
recreational trails projects, consistent with existing law.
Sec. 1215. LSafe routes to school program. [23 USC 211]
Codifies elements of the Safe Routes to School (SRTS)
program enacted in section 1404 of SAFETEA-LU. Projects under
this section are eligible for funding under TAP and HSIP.
Expands eligibility under SRTS to include high schools. Removes
the 30 percent non-infrastructure project cap to provide
additional flexibility to project sponsors. Adds provisions to
ensure rural school district outreach under the program.
Sec. 1216. LBicycle transportation and pedestrian walkways. [23 USC
217]
Ensures that the state pedestrian and bicycle coordinator
is a full-time position. Aligns the definition of electric
bicycle with other existing standards, subject to state and
local safety regulations. Defines ``micromobility device'' and
allows these devices to use bike infrastructure, consistent
with state and local safety regulations.
Sec. 1217. LNoise barriers.
Permits the use of Federal-aid highway funds to construct
certain Type II noise barriers along Federal-aid highways and
makes the planning, design, or construction of such noise
barriers eligible for surface transportation program funding.
Sec. 1218. LSafe streets for all. [23 USC 148(m)]
Section 1104 provides an additional $500 million per year
for HSIP, which is set aside under this section for activities
to construct complete streets and other safety initiatives for
vulnerable road users. Suballocates these funds to urbanized
areas, mid-size cities, and rural areas to ensure that all
communities see the safety benefits. Eligible projects include
complete streets projects, safe routes to schools
infrastructure and non-infrastructure projects, development of
context-sensitive design standards under 23 USC 109, vision
zero planning and plan implementation, any activity in
furtherance of a vulnerable road user safety assessment, and
any other activities eligible under HSIP that the Secretary
determines provides for the safe and adequate accommodation of
vulnerable road users.
Sec. 1219. LYouth service and conservation corps. [23 USC 212]
Codifies section 1524 of MAP-21, encouraging the use of
certified youth service and conservation corps on certain low-
cost projects.
Subtitle C--Project-Level Investments
Sec. 1301. LProjects of national and regional significance. [23 USC
117]
Establishes a Projects of National and Regional
Significance (PNRS) program, which provides more than $12
billion over the life of the bill for large highway, transit,
and passenger and freight rail projects that reduce congestion
on roadways and that cannot be funded through annual
apportionments or other discretionary sources. Includes the
authority for the Secretary to award large grants over multiple
years. Directs the Secretary to make grant selections based on
merit criteria specified in statute, including the extent to
which a project contributes to a state of good repair; cost
savings generated by the project over the life of the asset;
safety, mobility, economic, resilience, and environmental
benefits generated by the project; benefits to all users of the
project; and the average number of people or volume of freight
supported by the project. The Secretary is also directed to
consider whether the project serves an area of persistent
poverty; the degree to which the project utilizes innovative
technologies or construction techniques; whether the project
improves connectivity between modes of transportation; whether
the project spans two states; whether the project serves as a
connection between two metropolitan areas over 500,000; and
whether the project improves transportation in a multistate
corridor. The committee understands that multistate corridor
organizations or coalitions may be engaged in transportation
improvement projects that span multiple states.
Sets aside $4 billion for bridge investments, providing a
dedicated, multi-year source of funding for some of the largest
and most complex bridge projects in the country.
Sec. 1302. LCommunity transportation investment grant program. [new 23
USC 173]
Establishes a $600 million per year grant program to
support local investments in projects to improve safety, state
of good repair, accessibility, and environmental quality
through infrastructure investments. Sets aside a minimum of 25
percent of program funds for projects in rural communities
(defined as communities with a population of less than 75,000)
and a minimum of 25 percent of program funds for projects in
communities between 75,000 and 200,000 in population.
Requires the Secretary to evaluate projects on their
benefits to transportation safety, including reductions in
traffic fatalities and serious injuries; to state of good
repair, including improved condition of bridges and pavements;
to transportation system access, including improved access to
jobs and services; and to reducing greenhouse gas emissions,
and to rate each project based on these criteria. Allows the
Secretary to use different weighting of these criteria based on
project type, population served by the project, and other
context-sensitive considerations. Instructs the Secretary to
compare each project's benefits with its costs, rank projects
based on that comparison, and to select grant recipients from
among those projects ranked most highly.
Requires the Secretary to make public information on the
evaluation and rating process prior to issuing a notice of
funding opportunity. Requires the Secretary to submit to
Congress the ratings and rankings of all projects, and a list
of all projects being considered by the Secretary to receive an
award, prior to making such award.
Sec. 1303. LClean corridors program. [23 USC 151]
Establishes a $1 billion per year clean corridors program
to provide formula funding to states for electric vehicle
charging and hydrogen fueling infrastructure. Funds are
eligible for use on alternative fuel corridors designated under
151(a) or by a state or group of states. Notwithstanding 23 USC
118, funds are available until expended but subject to
repurposing if they are not obligated expeditiously. Each year,
the Secretary shall set aside $100m to make discretionary
grants to fill any identified gaps in designated electric
vehicle charging or hydrogen fueling corridors, including in
rural areas.
Requires the states to establish a plan for the expenditure
of funds. If a state fails to make an adequate plan, or the
Secretary determines that the state has not taken necessary
action to carry out its plan, the Secretary may withdraw the
funds from the state and award them, on a competitive basis, to
local governments within that state for eligible projects. If
the Secretary determines that withdrawn funds cannot be awarded
within the state, the Secretary may redistribute those funds to
all other states.
Directs the Secretary, in coordination with the Secretary
of Energy, to develop guidance to facilitate the strategic
deployment of charging and fueling infrastructure along
designated alternative fuel corridors. In developing this
guidance, the Secretary shall consider various factors,
including: the distance between stations, connections to the
grid or fuel distribution infrastructure, plans regarding load
management and the use of renewable energy to power the
charging stations or produce the hydrogen gas, the long term
operation and maintenance of charging and fueling
infrastructure funded under this section, and the specific
needs of rural areas. In addition, the guidance should seek to
foster an enhanced, coordinated, public-private or private
investment in charging and fueling infrastructure.
In developing the guidance, the Secretary shall consider
the proximity of proposed infrastructure to existing off
highway businesses, including travel centers, fuel retails, and
other small businesses. The Secretary should also consider the
availability of onsite amenities at a proposed site to improve
the user experience, such as restrooms or food facilities.
Further, the Secretary should consider consumer protection and
pricing transparency in developing the guidance. It is the
intent of the committee to facilitate competitive market
pricing in publicly accessible charging. The committee believes
that robust private sector involvement is necessary to maximize
investment in and widespread availability of electric vehicle
charging and hydrogen fueling infrastructure.
Requires the Secretary to publish additional guidance to
provide for the interoperability EV charging infrastructure,
similar to the guidance established under section 1211.
Directs the Secretary of Transportation to definite
national electric vehicle charging and hydrogen fueling freight
corridors that identify the near-and long-term need for and
availability of charging and fueling infrastructure to support
goods movement along the National Highway System, the National
Highway Freight Network, and other goods movement corridors.
Sec. 1304. LCommunity climate innovation grants. [new 23 USC 172]
Establishes a new $250 million per year competitive grant
program to support local investments in innovative strategies
to reduce greenhouse gas emissions. Provides broad flexibility
to grantees to fund projects eligible under title 23 or chapter
53 of title 49, provided the project reduces greenhouse gas
emissions. Includes eligibility for intercity bus vehicles and
facilities and intercity passenger rail projects that reduce
greenhouse gas emissions and improve mobility on public roads.
Prioritizes projects that show the most promise in reducing
greenhouse gas emissions, and provides further consideration
for a project's cost-effectiveness, provision of diverse
transportation choices, accessibility, equity and environmental
justice impacts, benefits to low-income communities, and use of
innovative materials. Requires the Secretary to set aside not
less than 10 percent of the amounts made available to carry
this section for projects located in rural areas (defined as
areas with a population of less than 75,000).
Sec. 1305. LMetro performance program.
Provides $1 billion over the life of the bill for direct
allocations to MPOs to advance locally selected projects.
Authorizes the Secretary to designate a high-performance tier
of MPOs based on technical capacity to manage Federal-aid
highway funds. Provides between $10 and $50 million per year
for the MPOs designated. Projects are subject to all Federal-
aid highway requirements, including environmental laws, labor
projections, and Buy America. Participating MPOs will report
annually on the status of the program and the projects advanced
with program funds to FHWA, and FHWA will report to Congress on
the lessons learned from the program and provide
recommendations on ways to improve suballocation of Federal-aid
highway funds under STP.
Sec. 1306. LGridlock reduction grant program.
Establishes a $500 million grant program to reduce traffic
gridlock in large metropolitan areas. Supports projects to
reduce and mitigate the adverse impacts of traffic congestion;
make better use of existing capacity; and employ innovative,
integrated, and multimodal solutions to reducing gridlock.
Includes eligibility for intelligent transportation systems,
real-time traveler information, transportation demand
management, and multimodal solutions. Dedicates half of program
funds for freight-specific projects including first-mile and
last-mile delivery solutions, use of centralized delivery
points, curb space management, and real-time freight parking
and routing. Prioritizes projects in areas that are
experiencing a high degree of recurrent congestion. Requires
the Secretary to report on recommendations and best practices
following the implementation of projects.
Sec. 1307. LRebuild rural bridges program.
Provides $1 billion over the life of the bill for
discretionary grants to improve the safety and state of good
repair of bridges in rural communities. Funds may be used to
inspect, replace, rehabilitate, or preserve an off-system
bridge, a bridge on Tribal land, or a bridge in poor condition
located in a rural area. The Secretary may provide grants for a
single bridge or a bundle of bridges.
Provides a $10 million set-aside for bridge investments in
colonias, which are border communities that lack a potable
water supply; adequate sewage systems; and decent, safe, and
sanitary housing.
Sec. 1308. LParking for commercial motor vehicles.
Provides $1 billion over the life of the bill for a grant
program to address the shortage of parking for commercial motor
vehicles to improve the safety of commercial motor vehicle
drivers.
Sec. 1309. LActive connected transportation grant program.
Provides $1 billion over the life of the bill for a grant
program to support infrastructure investment in connected
active transportation networks. Requires 30 percent of the
funds to develop active transportation networks to connect
points within a community, and 30 percent of the funds to be
used for active transportation spines to connect communities to
one another, including nationally and regionally significant
greenway trails. Supports the development of complete streets
and the use of safe systems approaches to enhance safety for
vulnerable road users. Includes considerations for the
environmental justice and equity impacts of a project and the
extent to which the project improves connectivity to public
transportation.
Sec. 1310. LWildlife crossings program.
Authorizes $100 million per year for projects designed to
reduce wildlife-vehicle collisions and reduce habitat
connectivity for terrestrial and aquatic species. Providing
funding to improve habitat connectivity for aquatic species
helps several states in meeting their treaty obligations to
Indian tribes and Tribal organizations.
According to a FHWA report entitled ``Wildlife-Vehicle
Collision Reduction Study,'' there are more than 1,000,000
wildlife-vehicle collisions every year; wildlife-vehicle
collisions present a danger to human safety and wildlife
survival and represent a persistent concern that results in
tens of thousands of serious injuries and hundreds of
fatalities on highways; and the total annual cost associated
with wildlife-vehicle collisions has been estimated to be
$8,388,000,000; and wildlife-vehicle collisions are a major
threat to the survival of species.
Sec. 1311. LReconnecting neighborhoods program.
Provides $3 billion over the life of the bill on a
reconnecting neighborhoods discretionary grant program. The
program is focused on remediating economically disadvantaged
and underserved communities and emphasizes projects that
provide for inclusive economic development.
The program allows the Secretary to award planning grants
and provide technical assistance to eligible entities to
analyze neighborhood barriers and identify candidates for
remediation, repurposing, or removal, if appropriate. Eligible
public entities may partner with non-profits or universities
(including historically black colleges and universities) to
carry out activities under this section. To ensure that any
subsequent redevelopment of the area is equitable and
inclusive, planning grants under this section may be used to
establish a community advisory board or a land trust. Planning
grants may also be used for the following activities related to
a connectivity project: assessing impacts on the transportation
network, considering safety benefits or impacts, facilitating
public engagement activities, establishing anti-displacement
and equitable neighborhood revitalization strategies, and
assessing any necessary land use or zoning changes to maximize
the benefits of the project. Planning grants may not exceed $2
million per award.
The program also provides funding for capital construction
grants, with a minimum project cost of $5 million, to remove or
repurpose eligible facilities that are underutilized or create
a barrier to community connectivity. In assessing an
application for a capital construction grant, the Secretary
shall consider various factors, including: the degree to which
the project will improve mobility and access; the
appropriateness of removing, retrofitting, or remediating a
facility based on current traffic patterns and the ability of
the proposed facility and the regional transportation network
to absorb transportation demand; any impacts on freight
movement; how the costs of the project compare to the benefits;
any opportunities for inclusive economic development and reuse
of underutilized land; and consistency of the project with
existing transportation plans and performance measures. In
order to ensure that the project benefits all members of the
community in which a project is located, the eligible entity
must demonstrate that jurisdiction in which the eligible
facility is located must have an anti-displacement policy or a
community land trust in place. Prioritizes applications that
have a community benefits agreement in place, have demonstrated
a plan for employing local residents, and projects that have a
demonstrated plan to improve transportation system access,
including access for multiple modes of transportation.
Sec. 1312. LApprenticeship utilization.
Requires grants under section 1301, 1302, and 1311 to meet
apprenticeship utilization requirements.
Subtitle D--Planning, Performance Management, and Asset
Management
Sec. 1401. LMetropolitan transportation planning. [23 USC 134]
Requires MPOs to consider carbon pollution and emissions
reduction, climate change, resilience, and hazard mitigation
throughout the planning process. Adds additional planning
considerations for accessibility and equity, including a
holistic look at housing and land use policies. Consistent with
Section 1403, incorporates performance-based planning and
transportation system access into project selection.
Revises the MPO designation and consultation processes to
facilitate better regional coordination. Membership of newly
designated or redesignated MPOs must reflect the population of
the area, while ensuring continuity for existing MPOs.
Clarifies that MPOs can use electronic platforms to solicit
public feedback during the planning process. Such electronic
outreach is in addition to, not in lieu of, public meetings.
Sec. 1402. LStatewide and nonmetropolitan transportation planning. [23
USC 135]
Makes similar resilience and climate-related changes as
detailed under section 1401 to statewide planning. Requires
states to consider carbon pollution and emissions reduction,
climate change, hazard mitigation, and resilience throughout
the planning process. Adds additional planning considerations
for accessibility and equity, including a holistic look at
housing and land use policies.
Emphasizes the importance of a performance-based project
selection approach. Requires U.S. DOT to submit an updated
edition of the performance-based planning and programming
report to Congress once every 4 years to provide
recommendations for ways to improve performance-based planning.
Consistent with section 1403, incorporates performance-based
planning and transportation system access into project
selection. Clarifies that states can use electronic platforms,
such as social media, to solicit public feedback during the
planning process. Such electronic outreach is in addition to,
not in lieu of, public meetings.
Sec. 1403. LNational goals and performance management measures. [23 USC
150]
Requires U.S. DOT to establish new performance measures for
greenhouse gas emissions and transportation system access.
Section 150(d)(3) prohibits states from setting regressive
targets related to safety and carbon pollution reduction.
The transportation system access measure leverages modern
data tools to improve the way states and MPOs assess the level
of safe, reliable, and convenient access to jobs and services
(including shopping, healthcare, childcare, education and work
force training, and financial institutions). Considers the
level of access for various modes of travel. Once the access
measure has been established, requires TIPs and STIPs to
demonstrate an improvement in transportation system access as
described in the measure. Delays implementation of these
planning requirements until the rule establishing the measure
has been finalized.
Establishes a working group of state, local, and non-
governmental experts to advise U.S. DOT on the establishment of
the measure. Requires the Secretary to acquire, using research
funds, transportation system access data sets and analytical
tools to facilitate the implementation of requirements under
this section.
Sec. 1404. LTransportation demand data and modeling study.
Requires the Secretary to compare observed data to
transportation demand forecasts from a sampling of states and
MPOs. These comparisons will examine traffic count, mode share,
public transit ridership, and vehicle occupancy data in order
to inform future planning and forecasting and evaluate the
impacts of transportation investments on transportation demand.
Requires the Secretary to publish best practices and guidance
on forecasting and transportation demand management strategies
that most effectively reduce congestion travel times and carbon
pollution. Encourages the Secretary to work with UTCs and the
private sector to carry out this section. Make the activities
described under this section explicitly eligible for funding
under 23 USC 503(b).
Sec. 1405. LFiscal constraint on long-range transportation plans.
Directs the Secretary to revise the metropolitan planning
regulations in 23 CFR part 450 to define the ``outer years'' to
cover the first 4 years, rather than the first 10 years of the
plan. The 4-year window is consistent with other metropolitan
and performance planning requirements.
Subtitle E--Federal Lands, Tribes, and Territories
Sec. 1501. LTerritorial and Puerto Rico highway program. [23 USC 165]
Provides $340 million per year for Puerto Rico from the
HTF, bringing it up to a level of investment more consistent
with that of a state. Provides flexibility for Puerto Rico to
flex up to 50 percent of the amount under each of its
allocations for any other purpose, mirroring the
transferability provision for states under 23 USC 126.
Significantly increases the amount of funds for the
Territorial and Puerto Rico highway program, to an amount that
approximates 1/5 of 1 percent of the total Federal-aid highway
apportionment in each fiscal year. This is consistent with the
percentage of Federal-aid primary system funds provided to the
territories under ISTEA. Since the territorial allocation was
untethered from the state apportionments in MAP-21, the share
of funding to the territories has decreased significantly,
while the needs of territorial highway infrastructure have
grown, including needs due to extreme weather and sea level
rise brought on by climate change.
Allows territories to use funds made available under title
23 to be expended for certain access and development roads.
Section 1606 directs the Secretary to conduct a highway
formula modernization report. This report will consider the
needs-based share of funding that is necessary for the
territories. It will also determine how to incorporate Puerto
Rico into the state apportionments.
Sec. 1502. LTribal transportation program. [23 USC 202]
Under section 1101, the bill significantly increases
funding levels for the Tribal Transportation Program (TTP),
providing $800 million per year for the program out of the HTF.
Expands eligibility under the Tribal Transportation Bridge
Program to allow construction of new bridges. Expands
eligibility for safety projects under the TTP to include
projects that educate the public and increase awareness
concerning highway safety matters, and to better enforce
highway safety laws in Tribal nations.
Sec. 1503. LTribal High Priority Projects program.
Provides $50 million annually out of the HTF for a
reestablished grant program that was authorized in MAP-21, but
never funded, to award grants to the highest priority project
for tribes whose annual transportation funding is insufficient.
Provides emergency relief to tribes who cannot access other
emergency relief funds and sets a maximum grant award of $5
million.
Sec. 1504. LFederal lands transportation program. [23 USC 203]
Under section 1101, the bill significantly increases
funding levels for the Federal Lands Transportation Program,
providing $555 million per year out of the HTF for the program.
Provides specified allocations for the Bureau of Land
Management, the Bureau of Reclamation, the United States Army
Corps of Engineers, and independent Federal agencies.
The bill also provides an additional $345 million per year
out of the HTF for the Federal Lands Access Program. Allows the
head of a Federal agency that owns a transportation facility to
request assistance from a state in paying the project costs
when a high-commuter corridor (defined as a Federal lands
transportation facility that has average annual daily traffic
of not less than 20,000 vehicles) within that state is in need
of repair.
Directs GAO to study the National Park Service maintenance
prioritization of Federal lands transportation facilities and
specifically their prioritization of maintenance on high
commuter corridors.
Sec. 1505. LFederal lands and Tribal major projects program. [23 USC
208]
Transforms the Nationally Significant Federal Lands and
Tribal Projects Program into the Federal Lands and Tribal Major
Projects program, codifies it, and provides an annual
authorization of $400 million from the HTF under Section 1101.
Expands project eligibility and eligible uses of funds to allow
for preconstruction activities. Lowers the minimum project cost
threshold to $12.5 million for Federal lands projects and $5
million for Tribal projects. Increases Federal cost share to
100 percent for Tribal projects and requires program funds to
be split 50-50 between Tribal and Federal lands projects.
Sec. 1506. LOffice of Tribal Government Affairs.
Establishes an Office of Tribal Government Affairs within
U.S. DOT and creates a new Assistant Secretary for Tribal
Government Affairs position. The Office and the Assistant
Secretary will oversee administration of the Tribal
Transportation Self Governance Program, policies and programs
serving Indian Tribes and Tribal Organizations, and will
provide technical assistance to tribes.
Sec. 1507. LAlternative contracting methods. [23 USC 201]
Allows tribes and Federal land management agencies to use
the same alternative contracting methods available to states.
Sec. 1508. LDivestiture of federally owned bridges.
Authorizes the transfer of federally owned bridges from the
Bureau of Reclamation to a state, provided the state concurs;
an agreement from the state to operate and maintain the bridge;
compliance with all applicable Federal laws; and a joint
notification by the Bureau and the state to the Secretary of
Transportation prior to the transfer of ownership. Specifies
that the Bureau is not required to transfer ownership of the
land on which the bridge is located or any adjacent lands but
requires the Bureau to provide access for the state for the
purposes of construction, maintenance, and bridge inspections.
Sec. 1509. LStudy on Federal funding available to Indian Tribes.
Requires the Secretary to report to Congress annually the
number of Indian Tribes who were direct recipients of Federal
transportation grants and the total amount of funds awarded;
and the number of Indian Tribes who were indirect recipients of
Federal transportation formula funding and the total amount of
such funds.
Sec. 1510. LGAO study.
Directs GAO to study the deferred maintenance backlog on
U.S. Forest Service roads.
Sec. 1511. LFederal lands access program.
Authorizes certain beautification and economic development
activities in gateway communities as eligible activities under
the Federal Lands Access Program.
Subtitle F--Additional Provisions
Sec. 1601. LVision zero.
Provides for the establishment of vision zero plans to
significantly reduce or eliminate transportation related
fatalities and serious injuries within a specified timeframe,
but not to exceed 20 years. The vision zero plan includes a
complete streets prioritization plan to ensure safe,
accessible, and connected active transportation networks.
Allows local governments, MPOs, or regional transportation
planning organizations to use HSIP or STP funds for these
purposes, and authorizes these funds for projects in
furtherance of a vision zero plan. A vision zero plan may
include a complete streets prioritization plan that identifies
a list of projects to provide safe and convenient active
transportation access to jobs, housing, and other essential
services.
Sec. 1602. LSpeed limits.
Requires the Secretary to revise the Manual on Uniform
Traffic Control Devices (MUTCD) to require states and local
governments to use a ``safe systems approach'' to setting speed
limits, consistent with NTSB recommendations. Requires the
Secretary to update and report on the implementation progress
of the Department's Speed Management Program Plan.
Sec. 1603. LDig Once for broadband infrastructure deployment.
Creates a new ``dig once'' provision to ensure better
coordination of transportation and broadband infrastructure
projects, while ensuring state flexibility and preventing
unfunded mandates. Creates a Dig Once Funding Task Force to
estimate the cost of a nationwide ``dig once'' requirement, and
to propose and evaluate options for funding such a requirement.
Ensures Task Force consultation with stakeholders that
represent rural communities and communities with limited access
to broadband infrastructure.
Sec. 1604. LStormwater best management practices.
Authorizes U.S. DOT and EPA to commission a Transportation
Research Board study of stormwater runoff best practices and to
report to Congress on the results not later than 18 months
after enactment. Requires EPA to update best management
practices on stormwater runoff.
Sec. 1605. LPedestrian facilities in the public right-of-way.
Requires the U.S. Access Board to finalize guidelines
setting minimum accessibility standards for pedestrians in the
public right-of-way. Requires such guidelines to be
substantially similar to the notice of proposed rulemaking
published on July 26, 2011, titled ``Accessibility Guidelines
for Pedestrian Facilities in the Public Right-of-Way'' and 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.'' Requires U.S. DOT to issue corresponding regulations
following the issuance of the guidelines.
Sec. 1606. LHighway formula modernization report.
Requires FHWA, in consultation with state DOTs, to provide
recommendations on how to revise the apportionment methodology
under 23 USC 104 to best achieve the goals of the Federal-aid
highway program. The report will consider whether the
apportionment factors established in SAFETEA-LU, the
performance goals and measures under 23 USC 150, or any other
factors would yield a more data-driven or equitable
apportionment of funding. In addition, FHWA will consult with
the EPA to determine whether the CMAQ apportionment formula
best achieves the air quality goals under 23 USC 149.
Directs the Secretary to consider the needs-based share of
funding that is necessary for the territories and determine how
to incorporate Puerto Rico into the state apportionments.
Sec. 1607. LConsolidation of programs.
Increases funding for operation lifesaver, work zone safety
grants, the national work zone information safety
clearinghouse, and the public road safety clearinghouse.
Clarifies that these amounts are available at 100 percent
Federal cost share.
Sec. 1608. LStudent outreach report to Congress.
Requires the Secretary to report on U.S. DOT's efforts to
encourage students to pursue careers in the surface
transportation sector.
Sec. 1609. LTask force on developing a 21st century surface
transportation workforce.
Establishes a task force comprised of representatives from
surface transportation industry sectors, labor, and other
experts to develop recommendations and strategies to address
surface transportation work force needs and ways to increase
representation of women and minorities in surface
transportation careers.
Sec. 1610. LOn-the-job training and supportive services. [23 USC
140(b)]
Establishes transparency and reporting requirements for the
On-the-Job Training and Supportive Services program. Requires
states to develop annual statewide work force development plans
to identify and address work force gaps and underrepresentation
of women and minorities and to establish annual work force
development compacts with state work force development boards
and other appropriate agencies.
Sec. 1611. LAppalachian development highway system funding flexibility.
Allows Appalachian states flexibility to use funding
provided under the Appalachian Development Highway System
(ADHS) program for other transportation purposes.
Sec. 1612. LTransportation education development program. [23 USC
504(f)]
Adds transparency and reporting requirements to track the
program objectives of grant recipients and progress made toward
developing new curricula and education programs to train
individuals at all levels of the transportation work force.
Sec. 1613. LWorking group on construction resources.
Establishes a working group consisting of state, local, and
Tribal officials and relevant industry stakeholders to assess
the availability of certain transportation-related construction
materials. The working group will report to the Secretary with
any findings and recommendations to reduce the cost and
environmental impacts of the transportation construction supply
chain.
Sec. 1614. LNumbering system of highway interchanges.
Prevents the imposition of a penalty for states that fail
to comply with certain requirements for numbering of highway
interchanges in effect on the date of enactment of this Act.
Sec. 1615. LToll credits.
Directs the U.S. DOT to analyze the impact of the toll
credits on transportation expenditures and the viability of
establishing a toll credit exchange.
Sec. 1616. LTransportation construction materials procurement.
Directs the Secretary to conduct a review of the
procurement processes used by state DOTs to select construction
materials for projects utilizing Federal-aid highway funds.
Sec. 1617. LNationwide road safety assessment.
Directs the Secretary of Transportation to conduct, every 2
years, a nationwide, on-the-ground road safety assessments
focused on pedestrian and bicycle safety in each state.
Sec. 1618. LClimate resilient transportation infrastructure study.
Directs the Department of Transportation to enter into an
agreement with the Transportation Research Board to conduct a
climate resilient transportation infrastructure study.
Sec. 1619. LNatural gas, electric battery, and zero emission vehicles.
Expands the existing 2,000 pound additional weight
allowance for natural gas vehicles to electric battery and zero
emission vehicles.
Sec. 1620. LGuidance on evacuation routes.
Requires FHWA, in consultation with the Federal Emergency
Management Agency (FEMA), to revise existing guidance or issue
new guidance, as appropriate, regarding the design,
construction, maintenance, and repair of evacuation routes.
Directs FHWA, in coordination with FEMA, to study the
vulnerability of evacuation routes to the impacts of extreme
weather, including flooding and storm surge. The Secretary of
Transportation shall prepare a report to Congress on the
results of the study.
Sec. 1621. LHigh priority corridors on National Highway System.
Designates certain high priority corridors and future
interstates.
Sec. 1622. LGuidance on inundated and submerged roads.
Requires FHWA, in coordination with FEMA, to review
guidance issued pursuant to section 1228 of the Disaster
Recovery Reform Act of 2018 (P.L. 115-254) and issue guidance
regarding the repair, restoration, and replacement of inundated
or submerged roads.
Sec. 1623. LDry bulk weight tolerance.
Authorizes a 10 percent axle weight tolerance for
commercial vehicles transporting dry bulk goods.
Sec. 1624. LHighway use tax evasion projects.
Reauthorizes the highway use tax evasion program.
Sec. 1625. LLabor standards.
Reiterates the policy of the United States, consistent with
the International Labor Organization Convention and legislation
dating to back to the Tariff Act of 1930, that the Federal
Government shall not purchase items produced through the use of
child labor.
Sec. 1626. LClimate resiliency report by GAO.
Directs GAO to evaluate the economic benefits, including
avoided impacts on property and life, of the use of building
codes and standards to support resilience to climate impacts.
Sec. 1627. LDesignation of John R. Lewis Voting Rights Highway.
Designates U.S. Route 80 in Alabama as the ``John R. Lewis
Voting Rights Highway.''
Sec. 1628. LGAO study on capital needs of public ferries.
Direct the GAO to study the capital investment needs of
public ferries and how federally funded programs are meeting
such needs. Requires GAO to examine the feasibility of
including public ferries in the annual Department of
Transportation Conditions & Performance report.
Sec. 1629. LUse of modeling and simulation technology.
States the sense of Congress that the DOT should utilize,
to the fullest extent practicable, modeling and simulation
technology to analyze highway and public transportation
projects.
Sec. 1630. LGAO study on per-mile user fee equity.
Directs the GAO to study the equity impacts of per-mile
user fee systems, including their impact on underserved
communities, access to jobs and services, effects on both urban
and rural areas, and impacts on passenger and commercial
vehicles.
Sec. 1631. LGAO review of equity considerations at State DOTs.
Directs the GAO to review the extent to which state DOTs
consider the needs of underserved populations in the
transportation planning, project selection, and project
delivery processes.
Sec. 1632. LStudy on effectiveness of suicide prevention nets and
barriers for structures other than bridges.
Directs GAO to study the effectiveness of suicide nets and
barriers.
Sec. 1633. LTransportation planning activities.
Authorizes the Secretary to take all reasonable efforts to
provide assistance for an Olympic event, a Paralympic event, or
a Special Olympics event, including planning activities,
technical assistance, and project reviews and approvals.
Sec. 1634. LBetter Utilizing Infrastructure for Lasting Development of
Veterans Businesses Act.
Establishes a veteran-owned enterprise program to support
veteran owned and controlled small business concerns ability to
secure work on highway and transit projects funded under this
Act.
Sec. 1635. LVehicle weight limitations.
Expands state authority to issue 120-day commercial vehicle
weight limit waivers to include emergencies under the Stafford
Act.
Sec. 1636. LRoadway worker protection working group.
Directs the Secretary to establish a working group to
review the methods, practices, and technologies necessary to
protect workers in roadway work zones.
Sec. 1637. LGAO study on nature-based solutions for coastal highway
resilience.
Directs GAO to conduct a study on the utilization of
nature-based solutions for improving the resilience of coastal
highways and bridges.
Sec. 1638. LProhibition on the use of civil penalties for campaign
finance.
Provides that any amounts assessed on civil penalty funds
collected pursuant to Section 5309 of the INVEST in America Act
or section 20704, 20171, 5 20174, or 80502 of title 49, United
States Code may not be used in support of a congressional
campaign.
Sec. 1639. LRepeal of pilot program.
Repeals an obsolete pilot program.
Sec. 1640. LTechnical corrections.
Makes technical corrections to title 23, USC.
Subtitle A--Federal Transit Administration
Sec. 2101. LAuthorizations. [49 USC 5338]
Authorizes $73.5 billion in contract authority for FY23
through FY26 for the Federal transit program. Creates a new set
aside for administrative costs for Buy America. Ensures that
funds provided may not be used to provide a contract, grant, or
loan to a state-owned or--related enterprise.
Sec. 2102. LChapter 53 definitions. [49 USC 5302]
Adds definitions for ``resilience'' and ``assault on a
transit worker.'' Includes bike share and micromobility under
the definition for associated transit improvements. Amends the
definition of a transit capital project to include the
employment of cybersecurity experts. Amends the FTA Joint
Development Program to remove the fair share revenue
requirement for transit-oriented development projects that
include at least 50 percent affordable housing. This is a
higher threshold than other programs because FTA provides
direct funding for Joint Development.
Sec. 2103. LGeneral provisions. [49 USC 5323]
Provides transit agencies more flexibility to meet
community needs with limited exemptions to the charter service
rule. Requires transit agencies to respond to intercity and
charter bus requests for reasonable access to public transit
facilities within 75 days. Prohibits the consideration of
demographics as a reason for the denial of reasonable access.
Requires a report to Congress on instances in which access is
denied. Restores the ability to incorporate art into transit
facilities. Creates a uniform and customer-friendly ADA
complaint process.
Sec. 2104. LMiscellaneous provisions.
Increases Federal cost share to 90 percent for ADA
accessibility in state of good repair projects. Treats the
District of Columbia as a state in the high-density states
formula. Authorizes FTA to provide technical assistance on the
impacts of a new census count and on cybersecurity and
mitigating the threat of ransomware. Requires that transit
agencies collect data on the assault of transit workers,
pedestrian/bus fatalities, and bus frequency. Relaxes the
phaseout of the Special Bus Rule to provide more flexibility in
the provision of operating assistance. Allows the use of
transportation development credits as local match for certain
programs. Clarifies the definition of ``incidental use'' under
the 5310 program.
Sec. 2105. LPolicies and purposes. [49 USC 5301]
Adds reductions in carbon emissions and improvements to
resiliency to the purpose of the Federal transit program.
Sec. 2106. LFiscal years 2022 and 2023 formulas.
Ensures that transit data from Fiscal Year 2020 and 2021
and impacted by COVID-19 will not be used in the calculation of
transit formula apportionments.
Sec. 2107. LMetropolitan transportation planning. [49 USC 5303]
Requires MPOs to consider carbon pollution and emissions
reduction, climate change, resilience, and hazard mitigation
throughout the planning process. Adds additional planning
considerations for accessibility and equity, including a
holistic look at housing and land use policies. Consistent with
Section 1403, incorporates performance-based planning and
transportation system access into project selection.
Revises the MPO designation and consultation processes to
facilitate better regional coordination. Membership of newly
designated or redesignated MPOs must reflect the population of
the area, while ensuring continuity for existing MPOs.
Clarifies that MPOs can use electronic platforms to solicit
public feedback during the planning process. Such electronic
outreach is in addition to, not in lieu of, public meetings.
Sec. 2108. LStatewide and nonmetropolitan transportation planning. [49
USC 5304]
Makes similar resilience and climate-related changes as
detailed under section 1401 to statewide planning. Requires
states to consider carbon pollution and emissions reduction,
climate change, hazard mitigation, and resilience throughout
the planning process. Adds additional planning considerations
for accessibility and equity, including a holistic look at
housing and land use policies.
Emphasizes the importance of a performance-based project
selection approach. Requires U.S. DOT to submit an updated
edition of the performance-based planning and programming
report to Congress once every 4 years to provide
recommendations for ways to improve performance-based planning.
Consistent with section 1403, incorporates performance-based
planning and transportation system access into project
selection. Clarifies that states can use electronic platforms,
such as social media, to solicit public feedback during the
planning process. Such electronic outreach is in addition to,
not in lieu of, public meetings.
Sec. 2109. LObligation limitation.
Provides obligation authority to match the contract
authority authorized for FY23 through FY26.
Sec. 2110. LPublic transportation emergency relief funds. [49 USC 5328]
Increases the deadline for construction under the emergency
relief program to 6 years.
Sec. 2111. LCertification requirements.
Establishes a new certification that bus or rail rolling
stock being procured do not contain or use any covered
telecommunications equipment as defined by section 889 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (P.L. 115-232).
Sec. 2112. LHold harmless.
Permits Capital Investment Grant project sponsors to use
ridership and service data and projections collected prior to
the onset of the COVID-19 pandemic.
Sec. 2113. LStudy on accessibility of public transportation.
Requires the Secretary to submit to Congress a report on
public transportation access challenges.
Subtitle B--mproving Frequency and Ridership
Sec. 2201. LMulti-jurisdictional bus frequency and ridership
competitive grants. [49 USC 5308]
Creates a new competitive program, funded at $100 million
annually, to increase bus frequency, ridership, and total
person throughput by redesigning urban streets and corridors to
efficiently move transit vehicles in congested major urban
areas. The program is structured to require a partnership
between transit agencies and state or local government agencies
responsible for roadways.
Sec. 2202. LIncentivizing frequency in the urban formula. [49 USC 5336]
Replaces the current incentive formula based on low
operating costs with a formula based on vehicles per hour
during peak service in the highest 25 percent of routes by
ridership. This will incentivize ridership rather than low-cost
operations. This formula change is phased in, providing time to
collect the data and improve frequency on the highest ridership
routes.
Sec. 2203. LMobility innovation. [49 USC 5316]
Creates a new set of Federal rules for mobility on demand
services and mobility as a service. Transit agencies are
allowed to shift urban, rural, and seniors and individuals with
disabilities funding to this program to take advantage of
waivers under certain conditions. Retains basic requirements
for safety, Buy America, and labor protections. Includes
restrictions on single passenger trips, carbon and particulate
emissions, and third-party contractors. Requires a negotiated
rulemaking to bring the diverse stakeholders together to
negotiate an open data standard necessary to bring the benefits
of mobility on demand to more people. This section is effective
once the rulemaking is complete.
Sec. 2204. LFormula grants for rural areas. [49 USC 5311]
Revises the rural transit formula to increase the funding
attributed to actual transit service. Provides flexibility to
states for areas transitioning from rural to urban after a new
census designation. Increases Tribal rural funds by 59 percent
in the first year of the bill, with $10 million for competitive
grants and $45 million for Tribal formula funds. Provides
flexibility to fund continuous intercity bus service across
state lines, requires public documentation of state
certifications to waive the 15 percent of funds for intercity
service, and ensures that service provides meaningful
connections to the national intercity bus network. Clarifies
that volunteer hours satisfy local cost share requirements for
social service trips.
Sec. 2205. LOne-stop paratransit program. [49 USC 5310]
Creates a grant program to examine the costs and benefits
of allowing flexibility in paratransit trips that allow one
stop for certain needs like dropping children off at daycare or
school or stopping briefly at the pharmacy, grocery store, or
bank. The grant will cover reporting costs and costs associated
with the extra stops.
Subtitle C--Buy America and Other Procurement Reforms
Sec. 2301. LBuy America. [49 USC 5320]
Recodifies Buy America into section 5320, closes loopholes,
removes bureaucratic burdens, clarifies waiver reporting
requirements, and provides new incentives to boost domestic job
production. Closes loopholes that allow waived components and
components exceeding 70 percent domestic content to receive
credit for 100 percent domestic content. Incentivizes higher
domestic content by including final assembly costs into the
domestic content calculation, providing an automatic 2.5
percent increase in domestic content if a zero-emission vehicle
uses domestic battery cells, providing a bonus of 10 percent of
domestic content for any component that exceeds 70 percent, and
providing a bonus of 15 percent of domestic content for any
component that exceeds 75 percent.
Requires FTA to conduct rolling stock certifications to
remove the burden from transit agencies, allows certifications
to be used for multiple procurements, sets a standard for
recertifications, and provides fair competition by ensuring
certifications are consistently applied. The DOT Inspector
General will provide annual audits of the program. Creates a
refined waiver process for passenger vehicles, allowing
automatic waivers for passenger vehicles that are domestically
assembled and have a 60 percent domestic content as measured by
the American Automobile Labeling Act. Requires domestic
components use domestic steel and iron. Prohibits imported
components from becoming domestic components. Requires FTA to
review its bus and rail component and final assembly
regulations to maximize domestic job creation and align with
modern manufacturing techniques. Phases in the modifications of
Buy America over a 5-year timeframe.
Sec. 2302. LBus procurement streamlining. [49 USC 5323(x)]
Requires bus procurements to use performance-based
specifications in a procurement instead of specifying
individual components. Requires a negotiated rulemaking to
establish a list of components and subcomponents that are
waived from the performance-based specification requirement.
Sec. 2303. LBus testing facility. [49 USC 5318]
Provides a deadline to the Secretary to grant a
manufacturer's request for testing, requires a public estimate
of the backlog at the testing facility to begin a new bus test,
and provides additional funds to expedite testing.
Sec. 2304. LRepayment requirement.
Requires repayment of certain COVID-19 relief transit funds
if those funds were used to purchase rolling stock from a
state-owned enterprise.
Sec. 2305. LDefinition of urbanized areas following a major disaster.
[49 USC 5323(y)]
Allows an urbanized area impacted by a major disaster to
retain its urban area designation after a reduction in
population below 50,000.
Sec. 2306. LSpecial rule for certain rolling stock procurements. [49
USC 5323(u)]
Creates new conditions on Federal financial assistance
pertaining to the purchase of restricted rolling stock. Amends
section 5323(u) of chapter 53 of title 49 by removing an
exemption for transit agencies who have previously purchased
restricted rail rolling stock.
Sec. 2307. LSpare ratio waiver. [49 USC 5323(z)]
Waives the FTA spare ratio for rolling stock for a period
of 2 years to provide transit agencies with flexibility to
recover from the COVID-19 pandemic.
Subtitle D--Bus Grant Reforms
Sec. 2401. LFormula grants for buses. [49 USC 5339(a)]
Provides $5 billion for FY23 through FY26. Increases the
national distribution baseline for states and territories.
Sec. 2402. LBus facilities and fleet expansion competitive grants. [49
USC 5339(b)]
Provides $1.6 billion for FY23 through FY26. Modifies the
competitive bus program to focus on large one-time needs for
bus garages, bus stations, and fleet expansions. Grant
considerations are limited to age and condition of facilities,
resilience, and multimodal connections at stations.
Sec. 2403. LZero emission bus grants. [49 USC 5339(c)]
Provides $4.085 billion for FY23 through FY26, an average
annual increase of 1,500 percent over FAST Act funding. Sets
procurement minimums to ensure transit agencies are investing
appropriately in zero-emission bus fleets and the necessary
charging infrastructure. Provides dedicated funds for states
and transit agencies with accelerated fleet conversion plans;
rural areas; low-income communities; and areas in Clean Air Act
nonattainment or maintenance areas. Requires an agency plan for
long term zero-emission bus needs and a fleet transition study.
Sec. 2404. LRestoration to state of good repair formula subgrant. [49
USC 5339(d)]
Creates a subgrant, administered through the bus formula
grant, that provides an increase in funding for transit
agencies with the oldest buses. As these buses are replaced,
the formula will automatically allocate funds to the agencies
with the next oldest buses, creating a rolling funding increase
that targets the agencies with the oldest buses.
Sec. 2405. LWorkforce development training grants. [49 USC 5339(e)]
Authorizes 12.5 percent of the funds made available to
carry out section 5339(c) for work force training related to
the maintenance and operation of zero-emission vehicles.
Subtitle E--Supporting All Riders
Sec. 2501. LLow-income urban formula funds. [49 USC 5336(j)]
Doubles the urban formula low-income set aside from three
to 6 percent. Expands the formula to include an emphasis on the
low-income population in urban census tracts with a poverty
rate above 20 percent. Requires transit agencies to ensure they
are serving low-income individuals.
Sec. 2502. LRural persistent poverty formula. [49 USC 5311(a)]
Sets aside $50 million a year, administered through the
rural formula grant, but based on rural areas with persistent
poverty counties, defined as a county with a poverty rate above
20 percent since 1990. Requires states to distribute these
Federal funds to persistent poverty counties.
Sec. 2503. LDemonstration grants to support reduced fare transit.
Creates a demonstration grant to provide for a reduced fare
for low-income riders to help close transit equity gaps.
Requires collaboration with a University Transportation
Research Center to study the impacts of these demonstration
grants.
Sec. 2504. LEquity in transit service planning.
Requires the Secretary to issue best practices to aid
transit agencies in defining a ``major service change'' for
purposes of compliance with Title VI of the Civil Rights Act.
Following the publication of these best practices, initiates a
Transit Cooperative Research Program survey of the methods that
transit agencies use for defining a major service change and
the extent of adoption of the best practices.
Sec. 2505. LGAO study on fare-free transit.
Requires a GAO report on the provision of fare-free transit
service in the U.S., including an assessment of the prevalence
of fare-free transit and its potential impacts.
Subtitle F--Supporting Frontline Workers and Passenger Safety
Sec. 2601. LNational transit frontline workforce training center. [49
USC 5314(b)]
Creates a training center modeled on the successful
National Transit Institute, but with a frontline employee
mandate. Establishes labor-management partnerships to provide
standards-based training in maintenance and operations
occupations. The focus will include developing training
standards, local training partnerships, training for new
technologies including zero-emission buses, and training on
safety and emergency preparedness.
Sec. 2602. LPublic transportation safety program. [49 USC 5329]
Expands the national safety plan to include driver assist
technologies and driver protection infrastructure.
Expands the transit agency safety plan to include a focus
on passenger and personnel injuries, assaults, and fatalities;
a risk management process to address transit worker assaults; a
joint labor-management safety committee empowered to approve
the safety plan; and a comprehensive frontline work force
training program on safety and de-escalation.
Sec. 2603. LInnovation workforce standards.
Prevents a transit agency from deploying an automated
vehicle that duplicates, eliminates, or reduces the frequency
of existing public transportation service or a mobility on
demand service. Transit agencies considering transit automated
vehicles and mobility on demand service are required to develop
a work force development plan describing how the automated
vehicle will affect transit workers. Ensures transit workers
are given fair notice if their job is jeopardized by a transit
automated vehicle or mobility on demand service.
Sec. 2604. LSafety performance measures and set asides. [49 USC 5329]
The safety committee must establish performance measures
for the risk reduction program using a 3-year rolling average
of the data in the National Transit Data base. Transit agencies
must set aside at least 0.75 percent of their 5307 funds, which
are eligible for any purpose under 5307. If an agency fails to
meet the performance measures, then their safety set aside must
be used for projects that are reasonably likely to meet the
performance measures, including modifications to rolling stock
and de-escalation training.
Sec. 2605. LU.S. Employment Plan. [49 USC 5341]
For rolling stock purchases over $10 million, agencies
shall include in their request for proposals an incentive for
manufacturers to include fair wages, apprenticeships, local
hire, and traditionally underrepresented labor.
Sec. 2606. LTechnical assistance and workforce development. [49 USC
5314]
Provides technical assistance to rural and Tribal public
transit focused on innovation and capacity-building.
Sec. 2607. LResilient public transportation study.
Requires the Secretary to conduct a study on resilience
planning for public transportation and shared mobility.
Subtitle G--Transit-Supportive Communities
Sec. 2701. LTransit-supportive communities. [49 USC 5328]
Establishes an Office of Transit-Supportive Communities to
make grants, provide technical assistance, coordinate transit-
housing policies across the Federal Government, and incorporate
strategies to promote equity for underrepresented and
underserved communities.
The office will make grants available under the Transit
Oriented Development Planning grant program, for projects in
proximity to a new fixed guideway transit line, an existing
fixed guideway transit line, a station that is part of a fixed
guideway transit system, or the immediate corridor surrounding
a high-frequency transit line.
Sec. 2702. LProperty disposition for affordable housing. [49 USC
5334(h)]
Allows a grantee to transfer property no longer needed to a
local government authority, non-profit, or other third party
for the purpose of transit-oriented development and releases
the Federal interest in that asset. Requires that at least 40
percent of the housing units in such a project be offered as
affordable housing.
Sec. 2703. LAffordable housing incentives in capital investment grants.
[49 USC 5309]
Provides multiple incentives in the CIG ratings process if
the project preserves or encourages higher density affordable
housing near the project. Allows Economic Development
Administration Public Works grants and Department of Housing
and Urban Development Community Development Block Grants to be
counted as part of the local share, provided that the funds are
used in conjunction with an affordable housing development.
Subtitle H--Innovation
Sec. 2801. LMobility innovation sandbox program. [49 USC 5312(d)]
Authorizes Mobility on Demand research and ties it to the
types of projects eligible under Section 5316--Mobility
Innovation.
Sec. 2802. LTransit bus operator compartment redesign program. [49 USC
5312(d)]
Authorizes FTA research on redesigning bus driver
compartments to improve driver visibility, expand driver
functionality, and reduce driver assault.
Sec. 2803. LFederal Transit Administration Every Day Counts initiative.
[49 USC 5312]
Establishes a new FTA Every Day Counts initiative, which
currently exists within FHWA as a successful state DOT
deployment program for innovative technologies and practices.
Sec. 2804. LTechnical corrections. [49 USC 5312]
Replaces research and deployment of low-and no-emission
buses with zero-emission buses. Fixes several clerical errors.
Sec. 2805. LNational advanced technology transit bus development
program.
Authorizes a national advanced technology transit bus
development program to facilitate the development and testing
of commercially viable advanced technology transit buses that
do not exceed a Level 3 automated driving system.
Sec. 2806. LPublic transportation innovation. [49 USC 5312]
Supports competitive selection in the transit innovation
program.
Sec. 2807. LTransit vehicle battery recycling and reuse.
Requires the Secretary to issue regulations allowing for
the recycling, reuse, repurposing, sale, or lease of transit
vehicle batteries or battery components that are past their
useful life for the purpose of transit vehicle propulsion but
still retain utility for other purposes. Requires such
regulations to enhance the reuse and recycling of batteries and
component critical minerals, reduce costs for recipients, and
encourage innovative second life uses including energy storage
and wayside charging.
Subtitle I--Other Program Reauthorizations
Sec. 2901. LReauthorization for capital and preventive maintenance
projects for Washington Metropolitan Area Transit Authority.
[PL 110-432, Division B, Title IV, Sec. 601]
Reauthorizes capital and preventive maintenance projects
for WMATA and provides greater independence and a dedicated
budget for the WMATA Inspector General.
Sec. 2902. LOther apportionments. [49 USC 5336]
Provides $245 million for FY23 through FY26 for passenger
ferries. Increases the Small Transit Intensive Cities (STIC)
program set-aside to 3 percent and provides a 3-year phaseout
for prior STIC recipients who no longer qualify under a new
census designation.
Subtitle J--Streamlining
Sec. 2911. LFixed guideway capital investment grants. [49 USC 5309]
Reduces the bureaucratic burden within the Capital
Investment Grant (CIG) approval process. The Federal approval
process for a new transit project is burdensome compared to the
Federal approval process for a new highway project.
Modifications to the CIG program include:
LSmall Starts: The Federal cost cap for small
starts projects increases to $320 million and the total cost
cap increases to $400 million, providing more small projects a
streamlined approval process.
LCore Capacity: Adds station expansion eligibility
to core capacity projects. Allows these projects to start
planning additional capacity 10 years before the corridor
reaches capacity.
LEngineering phase: Increases to 3 years the time
projects have to move into the engineering phase.
LProject Development phase: Cost and risk
assessments may not be required in the project development
phase, but applicants may choose to do their own assessments
and FTA can provide technical assistance.
LFederal Cost Share: Reestablishes an 80 percent
CIG cost cap for all CIG projects. Replaces the requirement on
FTA to minimize Federal cost share with an option for a transit
agency to choose a CIG cost share under 60 percent. Transit
agencies that remain under 60 percent cost share are subject to
less strenuous requirements for project approval by allowing
the applicant to: determine the amount of the contingency
funds; certify that local resources are available to continue
running their current service; and secure only 75 percent of
the local financial commitment to sign the Full Funding Grant
Agreement (FFGA), with the remaining 25 percent budgeted, but
not committed.
LContingency Funds: For projects that seek the
higher cost share, FTA will now provide 50 percent of the
contingency amount required.
LProject Rating Incentives: Expands the use of
incentives (warrants) for projects with a total cost under $1
billion or projects that selected the lower cost share. This
allows more projects to get automatic ratings when they meet
certain criteria.
LTransparency: Provides an opportunity for
applicants to seek clarification, at several key stages of the
approval process, of what information FTA still requires from
the applicant to secure project approval. Requires FTA to
create a publicly accessible CIG dashboard to post monthly
updates on the status of each CIG project in the approval
process or under construction including the status of pending
approvals.
LCongressional Notification: Reduces the number of
days before a project can be signed after congressional
notification to accelerate project approval.
LInterrelated Projects: Allows a rating
improvement in mobility for projects that have another related
project in the planning process that has secured initial NEPA
guidance and will boost ridership on the current project
seeking a rating.
Sec. 2912. LRural and small urban apportionment deadline. [49 USC 5336]
Requires FTA to apportion formula funds made available by
appropriation continuing resolutions to states by December 15th
of the fiscal year. States may choose to apply for these funds
or wait for the full-year apportionment. This will provide
better access to Federal formula funds to small urban areas,
rural areas, and service providers for seniors or individuals
with disabilities.
Sec. 2913. LDisposition of assets beyond useful life. [49 USC 5334]
Establishes a new policy for proceeds from the sale of old
equipment. The original Federal share of the proceeds shall be
retained by each transit agency and available for new capital
projects following Federal rules.
Sec. 2914. LInnovative coordinated access and mobility. [49 USC 5310]
Expands an existing program designed to streamline the
coordination of public transportation services and non-
emergency medical transportation. Creates startup grants
designed to launch a coordinated approach of delivering better
service by reducing duplication of services from different
local, state, and Federal healthcare agencies. Creates
incentive grants to capture the savings from the coordination
and reduced health care costs and redirects those savings back
into better service.
Sec. 2915. LPassenger ferry grants.
Authorizes the Secretary to make grants for zero-or
reduced-emission passenger ferries.
Sec. 2916. LEvaluation of benefits and Federal investment.
Amends the Capital Investment Grant program criteria to
include projects that improve transportation options to
economically distressed areas.
Sec. 2917. LBest practices for the application of National
Environmental Policy Act of 1969 to federally funded bus
shelters.
Provides for the issuance of best practices related to the
application of NEPA to federally funded bus shelter projects.
Sec. 2918. LCapital investment grant streamlining.
Repeals the Expedited Project Delivery pilot program.
Grandfathers in projects currently participating in the
program.
Sec. 2919. LDisposition of rolling stock to improve air quality goals.
Modifies the process for disposition of rolling stock in
certain non-attainment areas.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. LAuthorization of appropriations.
Authorizes $4.4 billion in contract authority for FY23
through FY26 for National Highway Traffic Safety Administration
(NHTSA) programs.
Sec. 3002. LHighway safety programs. [23 USC 402]
Creates new state highway safety program eligibilities to:
educate the public on the dangers of pediatric vehicular
hyperthermia; purchase and distribute child restraints to low-
income families; and to reduce deaths and injuries resulting
from violations of state ``move over laws'' which require
drivers to reduce their speed or change lanes when there is an
emergency or other vehicle parked on or near a roadway.
Requires states which have legalized marijuana to consider
additional programs to increase public awareness of the dangers
of marijuana-impaired driving and to reduce injuries and
fatalities resulting from marijuana-impaired driving. Allows an
exemption from the prohibition on Sec. 402 funds being used for
automated traffic enforcement systems if the system is being
used in either a school zone or work zone. Directs the
Secretary to enhance the ability for public review of state
highway safety plans and reports by publishing each state's
plan and report on a public-facing website which can be easily
navigated and searched. The website must have a means for the
public to search a plans' content, including by performance
measures, program areas and expenditures, and additional
funding sources.
Sec. 3003. LFair and equitable traffic safety enforcement.
Directs the Secretary to make grants to an eligible non-
profit institution of higher education to establish and operate
a national center of excellence for fair and equitable traffic
safety enforcement (Center). The purpose of the Center will be
to promote fair and equitable traffic safety enforcement with
the goal of reducing traffic fatalities and injuries. The
Center's duties will include researching and identifying best
practices for states to promote fair and equitable traffic
safety enforcement programs and to provide technical assistance
to states participating in the Sec. 1906 Program to Prohibit
Racial Profiling. In carrying out its duties, the Center will
be required to consult with relevant stakeholders including
civil rights organizations, traffic safety advocacy groups, law
enforcement representatives, state highway safety offices, and
others. The Secretary will be required to report to Congress on
the Center's progress toward meeting its goals. Authorizes $35
million per year in contract authority for the Center for FY23
through FY26.
Sec. 3004. LHighway safety research and development. [23 USC 403]
Makes technical changes to clarify the Secretary's
authority to use certain funds for a cooperative program to
research and evaluate priority highway safety countermeasures
and increases funding for the program from $2.5 million to $3.5
million per year. Removes the set-aside for the in-vehicle
alcohol detection device research program.
Sec. 3005. LGrant program to prohibit racial profiling. [23 USC 403(j)]
Reauthorizes and codifies a grant program, commonly
referred to as the Sec. 1906 Program, encouraging states to
prohibit the use of racial profiling by law enforcement during
traffic safety stops and to collect statewide data on motor
vehicle stops for analysis. Adds eligible uses of funds and
increases funding to $15 million each year. Removes the
prohibition on receiving grant funds for more than 2 years for
states who partially participate in the program but creates
incentivize for states to increase their participation and
rewards states who are fully participating.
Sec. 3006. LNational safety campaigns. [23 USC 404]
Requires the Secretary to carry out one high-visibility
enforcement campaign each year dedicated to: reducing drunk
driving; reducing drunk and drug-impaired driving; and
increasing seatbelt use. Improves visibility and education
efforts of high-visibility enforcement campaigns through
coordinated use of dynamic highway messaging signs. Adds
requirement for NHTSA to carry out national traffic safety
public awareness campaigns to increase the proper use of
seatbelts and child safety restraints; reduce instances of
distracted driving; and reduce instances of drivers speeding.
Sec. 3007. LNational priority safety programs. [23 USC 405]
Makes targeted improvements to certain priority safety
grant programs which have been previously underutilized,
including programs for: the use of ignition interlocks;
enactment and enforcement of state distracted driving laws; and
state graduated driver's licensing laws. Reforms will increase
state participation while maintaining strong safety standards.
Also expands eligibility under the state traffic safety
information system improvements grant to improve data sharing
and interoperability between states' driver record systems.
Creates new grant program which encourages states to develop
and implement driver and law enforcement training programs to
educate both groups on proper traffic stop procedure in order
to reduce the potential for conflict during traffic stops.
Enables the Secretary to transfer any funds remaining under
this section at the end of the Fiscal Year to carry out
activities under either Sec. 402 or Sec. 405.
Sec. 3008. LMinimum penalties for repeat offenders for driving while
intoxicated or driving under the influence. [23 USC 164]
Adds flexibility to the uses of penalty funds for states
which haven't enacted or aren't enforcing a repeat intoxicated
driver law to include 'poly substance impaired driving' in
addition to 'alcohol-impaired driving' countermeasures.
Sec. 3009. LNational priority safety program grant eligibility.
Requires the Secretary to list all deficiencies that made a
state ineligible for a grant under the Sec. 405 program to help
states identify and address remaining issues.
Sec. 3010. LImplicit bias research and training grants.
Establishes a discretionary grant program available to
institutions of higher education for research, development,
technology transfer, and training activities in the operation
or establishment of an implicit bias training program as it
relates to racial profiling at traffic stops. Authorizes $20
million annually to be appropriated for the program out of the
general fund.
Sec. 3011. LStop motorcycle checkpoint funding.
Amends Sec. 4007 of the FAST Act, which prohibits the use
of funds under title 23 from being used to establish
checkpoints targeting motorcyclists, to include a prohibition
on stopping motorcyclists based on their clothing or mode of
transportation.
Sec. 3012. LElectronic driver's license.
Allows state-provided electronic driver licenses to qualify
as acceptable identification under the REAL ID Act.
Sec. 3013. LMotorcyclist Advisory Council.
Establishes a motorcyclist advisory council to advise the
Secretary on issues of concern to motorcyclist regarding
barrier designs, roadway designs and maintenance, and
implementation of intelligent transportation system
technologies. Requires the Secretary to accept or reject
recommendations from the council and to report to Congress on
the Secretary's determinations.
Sec. 3014. LReport on marijuana research.
Requires the Secretary, in consultation with the
Departments of Justice and Health and Human Services, to
develop recommendations on ways to improve access to marijuana
samples and strains for scientific researchers studying
impairment while driving under the influence of marijuana.
Requires the Secretary to report the recommendations to
Congress within 2 years of enactment of this Act.
Sec. 3015. LComptroller General study on national DUI reporting.
Directs GAO to study states' reporting of alcohol-impaired
driving arrest and citation results into Federal data bases and
to make recommendations for improving data reporting to the
Secretary.
Sec. 3016. LReport on impaired driving.
Requires the Secretary, in consultation with other relevant
Federal agencies and traffic safety stakeholders, to research
and report to Congress on barriers states encounter in
submitting drug and alcohol toxicology results to the FARS data
base. Also requires the Secretary to provide recommendations on
how to address such barriers and steps the Secretary will take
to address them.
Sec. 3017. LImpaired driving countermeasure. [23 USC 405(d)]
Expresses the sense of Congress that more should be done to
address multi-substance impaired driving. Expands eligible uses
of funds under NHTSA's national priority safety program to
better combat impaired driving.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and
Programs
Sec. 4101. LMotor carrier safety grants. [49 USC 31104]
Authorizes $2.2 billion in contract authority for FY23
through FY26 for motor carrier safety grants under the Federal
Motor Carrier Safety Administration (FMCSA) to assist states in
truck and bus safety oversight and enforcement activities,
commercial driver licensing, and technology improvements to
support those efforts. Includes $1.6 billion for Motor Carrier
Safety Assistance Program (MCSAP) grants; $300 million for High
Priority Activities grants; $232 million for Commercial
Driver's License (CDL) Program Implementation grants; and $4.3
million for Commercial Motor Vehicle Operators grants.
Authorizes the Administrator to carry out training for state
enforcement personnel through grants with one or more not-for-
profit organizations. Extends the grant period of performance
by 1 year to ensure program funds do not lapse and allows the
Secretary to redistribute unobligated funds.
Amends CDL Program Implementation grants to limit to
$250,000 the amount a state can receive under the program for
certain grant eligibilities in any Fiscal Year that a state has
a delay of more than 7 days for scheduling a CDL skills test
and if the state does not allow private commercial driving
schools from administering the skills test.
Sec. 4102. LMotor carrier safety operations and programs. [49 USC
31101]
Authorizes $1.5 billion for FY23 through FY26 for FMCSA's
motor carrier safety operations and programs. Directs the
Administrator to utilize additional program amounts to
accelerate investments to modernize the agency's information
technology and information management systems, complete any
outstanding statutory mandates, and undertake a new Large Truck
Causation study.
Sec. 4103. LImmobilization grant program. [49 USC 31102(l)]
Establishes a new incentive grant to encourage states to
fully participate in the Performance and Registration
Information Systems Management (PRISM) program. Full
participation requires the impoundment or immobilization of
passenger-carrying commercial motor vehicles with gross vehicle
weights between 10,001 and 26,000 lbs. found to have
significant safety violations. States can use the grant funds
to impound or otherwise immobilize a passenger-carrying
commercial motor vehicle found to have such violations.
Sec. 4104. LOperation of small commercial vehicles study.
Directs the Secretary to initiate a review of the
prevalence of, characteristics of, and safe operation of
package delivery commercial vehicles weighing under 10,000
pounds. The study shall examine facets such as fleet
structures, fleet management, driver treatment, driver
training, and safety performance metrics.
Subtitle B--Motor Carrier Safety Oversight
Sec. 4201. LMotor Carrier Safety Advisory Committee.
Extends the authorization for the Motor Carrier Safety
Advisory Committee through FY26 and adds small carriers among
those required to be represented on the committee.
Sec. 4202. LCompliance, safety, accountability.
Requires the Secretary, within 1 year of enactment, to
revise the methodology used to identify and prioritize motor
carriers for safety interventions under the Compliance, Safety,
Accountability (CSA) program. Requires the Secretary to make
safety data publicly available upon revision of the
methodology. Requires progress reports to Congress 30 days
after enactment, and every 90 days thereafter on the status of
the development of the revised methodology and related data
modifications. Requires the Secretary to publish regulations to
revise the process for issuing safety fitness determinations
for motor carriers no later than 1 year after implementing the
new CSA methodology.
Sec. 4203. LTerms and conditions for exemptions. [49 USC 31315]
Requires the Secretary to establish terms and conditions
for carriers and drivers operating under an exemption from
safety rules, including requiring the regular submission of
safety data, carrying documentation of the exemption, and for
exemptions related to hours of service rules, participation in
a recognized fatigue management plan.
Sec. 4204. LSafety fitness of motor carriers of passengers. [49 USC
31144]
Requires the Secretary to review the safety of entities
that offer and sell tickets for scheduled motorcoach
transportation, regardless of ownership or control of the
vehicles or drivers used to provide the transportation.
Sec. 4205. LProviders of recreational activities.
Exempts providers of recreational activities operating
small passenger vehicles from Federal registration requirements
if they operate within 150 air mile radius.
Sec. 4206. LAmendments to regulations relating to transportation of
household goods in interstate commerce.
Directs DOT to update regulations related to the interstate
transportation of household goods, and to consider changes
recommended by the FAST Act's Household Goods Consumer
Protection Working Group.
Sec. 4207. LBroker guidance.
Directs DOT to issue guidance to clarify the definitions
and roles of brokers and bona fide agents. Requires the
Secretary to consider the impact of technology and the role of
dispatch services in the freight transportation industry.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. LCommercial driver's license for passenger carriers. [49 USC
31301]
Requires drivers of limousines to hold a CDL.
Sec. 4302. LAlcohol and controlled substances testing. [49 USC 31306]
Makes a technical change to 49 USC 31306 to ensure that
FMCSA has the authority to implement oral fluids testing if the
DOT amends its drug and alcohol testing regulations to permit
oral fluids testing.
Sec. 4303. LEntry-level driver training.
Requires progress reports to Congress 30 days after
enactment, and every 90 days thereafter until full
implementation of FMCSA's Entry Level Driver Training rule,
including: a schedule and benchmarks to finalize implementation
of the requirements; reporting of any anticipated delays in
meeting the benchmarks; progress made in updating FMCSA's
information technology infrastructure to support the training
rule; and progress made by states in implementing the rule.
Sec. 4304. LDriver detention time.
Requires the Secretary to begin collecting data on delays
experienced by drivers in the loading and unloading of goods,
or detention time, within 30 days of enactment. Requires such
data to be made publicly available in an anonymized manner.
Requires a rulemaking, no later than 1 year after enactment, to
establish limits on the amount of time that a driver may be
reasonably detained, unless compensated for the time.
Sec. 4305. LTruck Leasing Task Force.
Requires the Secretary of Transportation, in consultation
with the Secretary of Labor, to establish a Truck Leasing Task
Force to examine common truck leasing agreements, and the terms
of such agreements, available to truck drivers, including port
drayage drivers specifically. The Task Force shall also examine
the impact of truck leasing agreements on the net compensation
of drivers, and resources available to assist drivers in
assessing the impacts of leasing agreements.
Sec. 4306. LHours of service.
Requires FMCSA to conduct a comprehensive review of the
impacts of current hours of service rules, including exemptions
and expansions of on-duty time for commercial truck drivers
finalized by the agency in a 2020 rulemaking. The Secretary
must document existing exemptions from hours of service rules
and conduct a safety analysis and a driver impact analysis as
part of the comprehensive review. Directs FMCSA to revise the
agency's guidance with respect to the use of a commercial motor
vehicle for personal conveyance, to establish specific mileage
or time limits on the use of this exception.
Sec. 4307. LDriver recruitment.
Requires the DOT Inspector General to examine and report to
Congress on the prevalence of the operation of commercial motor
vehicles by drivers admitted to the United States under
temporary business visas, and the safety impacts of such
operations.
Sec. 4308. LScreening for obstructive sleep apnea.
Directs FMCSA to, within 1 year, assess the risks posed by
untreated obstruction sleep apnea, and initiate a rulemaking to
establish screening criteria for obstructive sleep apnea among
commercial vehicle drivers.
Sec. 4309. LWomen of Trucking Advisory Board.
Directs the FMCSA Administrator to establish and facilitate
a ''Women of Trucking Advisory Board'' to encourage
organizations and programs that provide education, training,
mentorship, or outreach to women in the trucking industry; and
recruit women into the trucking industry.
Sec. 4310. LApplication of commercial motor vehicle safety.
Makes Puerto Rico eligible to receive Commercial Drivers'
License Program Implementation grants under chapter 313 of
title 49, and provides a grace period to come into compliance
with the requirements of the program.
Sec. 4311. LUse of data.
Allows data from Electronic Logging Devices to be used by
FMCSA for transportation research.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
Sec. 4401. LSchoolbus safety standards.
Directs the Secretary to review the costs and benefits of
requiring lap/shoulder belts in large school buses and to
consider requiring seat belts in newly manufactured school
buses. Requires newly manufactured school buses to be equipped
with automatic emergency braking and electronic stability
control systems. Directs the Secretary to conduct research and
testing on fire prevention and mitigation standards-including
firewalls, fire suppression systems, and interior flammability
and smoke emissions characteristics-for large school buses and
consider issuing updated standards.
Sec. 4402. LIllegal passing of schoolbuses.
Requires the Secretary to research drivers' understanding
of and attitudes toward illegal school bus passing and to
create and disseminate a public messaging campaign to highlight
the dangers of illegal passing and educate students and the
public on safe loading and unloading of school buses. Directs
the Secretary to conduct an evaluation of advanced school bus
safety technologies surrounding loading zone safety, such as
motion activated detection systems and upgraded warning lights.
Directs GAO to review state laws and efforts to educate
drivers on illegal school bus passing and make recommendation
to states on how to improve driver education efforts.
Sec. 4403. LState inspection of passenger-carrying commercial motor
vehicles.
Requires the Secretary to review current state practices
regarding annual inspection of passenger-carrying commercial
motor vehicles to determine which inspection models are most
used and evaluate their impact on commercial vehicle safety.
The Secretary must report the findings to Congress.
Sec. 4404. LAutomatic emergency braking.
Requires the Secretary, no later than 1 year after
enactment, to prescribe a motor vehicle safety standard and
accompanying performance requirements for newly manufactured
heavy-duty commercial motor vehicles to be equipped with an
automatic emergency braking system, and to require that systems
installed in such vehicles be in use during operation. The
Secretary is directed to consult with representatives of
commercial motor vehicle drivers regarding their experiences
with automatic emergency braking systems already in use,
including malfunctions or unwarranted activations of such
systems. Directs the Secretary to complete research on applying
automatic emergency braking systems in medium-duty commercial
vehicles and, if warranted, develop performance standards for
such automatic braking systems. Requires the Secretary to
report to Congress on the findings of the research and the
analysis that leads to the determination whether to develop
performance standards.
Sec. 4405. LUnderride protection.
Directs the Secretary to strengthen rear underride guard
standards within 1 year of enactment, and to conduct additional
research on the design and development of rear impact guards to
prevent underride crashes at higher speeds. Requires the
Secretary to amend regulations on minimum periodic inspections
to include rear impact guards and rear end protection. Requires
the Secretary to complete additional research on side underride
guards and consider the feasibility, benefits, and costs
associated with installing side underride guards, and if
warranted, develop performance standards. Requires the
Secretary to report to Congress on the findings of the research
and the analysis that leads to the determination whether to
develop performance standards. Creates an Advisory Committee on
Underride Protection.
Sec. 4406. LTransportation of horses. [49 USC 80502]
Prohibits the interstate transportation of horses in a
motor vehicle containing two or more levels stacked on top of
one another and authorizes civil penalties of at least $100 but
not more than $500 for each violation of this prohibition.
Sec. 4407. LAdditional State authority.
Provides limited authority for a state to modify the total
length of a longer combination vehicle permitted to operate in
such state, if the modification is solely to allow a larger
tractor, and provided that none of the additional length can be
to increase the length of a trailer, semi-trailer, or other
cargo-carrying unit of the LCV.
Sec. 4408. LUpdating the required amount of insurance for commercial
motor vehicles.
Increases the minimum amount of insurance required for
commercial motor vehicles from $750,000 to $2 million, and
directs this amount to be adjusted for inflation by FMCSA every
5 years.
Sec. 4409. LUniversal electronic identifier.
Requires the Secretary to prescribe a motor vehicle safety
standard to require newly manufactured commercial motor
vehicles to be equipped with a universal electronic identifier
that identifies the vehicle to roadside inspectors for
enforcement purposes.
TITLE V--INNOVATION
Sec. 5001. LAuthorization of appropriations.
Authorizes $2.2 billion in contract authority for FY23
through FY26 for research programs.
Subtitle A-Research and Development
Sec. 5101. LHighway research and development program. [23 USC 503(b)]
Increases funding to $144 million for FY23 through FY26 for
the Highway Research and Development Program and removes set-
asides that previously took funding away from critical research
activities. Adds greenhouse gas emissions reduction to the
objectives of the Highway Research and Development Program.
Directs DOT to develop modeling tools and data bases to track
highway assets, traffic flows, and long-distance network
connectivity to better inform planning for both passenger and
freight travel. Authorizes FHWA to obtain and develop datasets
and tools that enable states, MPOs, and others to better
evaluate performance management and accessibility to jobs and
services.
Sec. 5102. LMaterials to reduce greenhouse gas emissions program. [23
USC 503(d)]
Establishes a new comprehensive research, development, and
deployment pipeline to advance the use of greener construction
materials. The program will award grants to universities and
state DOTs to research greener material designs and practices
during the production and construction process, including the
ability for materials to sequester carbon from the atmosphere
and the extent to which state procurement standards may be
improved to support greener materials.
Sec. 5103. LTransportation research and development 5-year strategic
plan. [49 USC 6503]
Requires the Secretary to issue the Department's research
and development plan every 5 years. Amends the 5-year plan to
include greenhouse gas emissions reduction and work force
issues.
Sec. 5104. LUniversity transportation centers program. [49 USC 5505]
Increases funding to $96 million for FY23 through FY26 for
the University Transportation Centers Program. Adds FTA to the
administration of the program. Increases Federal share and
increases maximum grant amounts. Directs the Secretary to
consider cybersecurity in making grants under the program. Adds
focused research on transit, connected and automated vehicles,
bicyclist and pedestrian safety, surface transportation work
force issues, and climate change. Provides flexibility to
transfer surplus funds to support further research in the
Unsolicited Research Initiative in section 5105.
Sec. 5105. LUnsolicited research initiative. [23 USC 5506]
Establishes a new program through which local governments,
universities, and nonprofits may, at any time, propose research
projects to the Secretary. This will expand opportunities for
fundamental, non-applied research in the Department.
Sec. 5106. LNational cooperative multimodal freight transportation
research program. [49 USC 70205]
Reestablishes the freight transportation cooperative
research program in conjunction with the National Academies.
Guides research efforts through an advisory committee
consisting of regulators, industry representatives, labor
representatives, environmental experts, and safety groups.
Research will include the effects of growing freight demands on
the environment, safety, and congestion; technological
solutions and challenges for freight movement; improving the
National Multimodal Freight Network; truck parking; and
planning for the changing nature of freight movements,
including first and last-mile challenges.
Sec. 5107. LWildlife-vehicle collision reduction and habitat
connectivity improvement.
Authorizes a study on wildlife-vehicle collisions and
habitat connectivity, to update previous FHWA research. Directs
the Secretary to create work force development and training
courses based on the study. Requires the Secretary to issue
voluntary guidance to develop a joint plan for wildlife
crossings among participating states. Directs the Secretary to
standardize wildlife-vehicle collisions and habitat
connectivity data. Authorizes additional voluntary guidance to
establish a threshold for determining whether a highway could
benefit from wildlife crossing infrastructure.
Sec. 5108. LResearch activities. [49 USC 330]
Reauthorizes the set-aside for coordination, evaluation,
and oversight of research programs.
Sec. 5109. LTransportation equity research program.
Reestablishes the DOT Transportation Equity Research
Program. Authorizes research on the impacts of surface
transportation planning, investment, and operations.
Sec. 5110. LSurface transportation research, development, and
technology. [23 USC 502]
Authorizes the Secretary to enter into agreements with
entities that represent the needs of metropolitan planning
organizations in order to carry out research activities.
Sec. 5111. LMetropolitan planning research pilot program.
Establishes a new pilot program to make financial awards to
metropolitan planning organizations to carry out research
activities. Goals of the program will include enhancing surface
transportation metropolitan planning practices to improve the
ability of MPOs to meet performance measures and targets,
address climate change, improve access to jobs and services,
and support underserved communities.
Sec. 5112. LIntegrated project delivery.
Authorizes the Secretary to enter into an agreement with
the National Academy of Sciences to carry out a study on the
effectiveness of integrated project delivery in delivering
large infrastructure projects.
Sec. 5113. LAccelerated implementation and deployment of advanced
digital construction management systems.
Directs the Secretary to promote, support, and document the
application of advanced digital construction management systems
within the Technology and Innovation Deployment Program.
Subtitle B-Technology Deployment
Sec. 5201. LTechnology and innovation deployment program. [23 USC
503(c)]
More than doubles funding to $152 million for FY23 through
FY26 for the Technology and Innovation Deployment Program. Adds
greenhouse gas emissions reduction to the objectives of the
FHWA Technology and Innovation Deployment Program (TIDP).
Sec. 5202. LAccelerated implementation and deployment of pavement
technologies. [23 USC 503(c)(3)]
Adds to this program an emphasis on innovative pavement
designs, materials, and practices that will reduce greenhouse
gas emissions. Expands program reporting requirements to
include extensive GHG-reducing and resilience factors, such as
stormwater management, pavement durability, and energy
efficiency. This program will complement the deployment efforts
of the Materials to Reduce Greenhouse Gas Emissions program in
section 5102.
Sec. 5203. LFederal Highway Administration Every Day Counts initiative.
[23 USC 520]
Codifies the FHWA Every Day Counts initiative, a successful
deployment effort among the Department and state DOTs.
Subtitle C-Emerging Technologies
Sec. 5301. LMobility through advanced technologies. [23 USC 503(c)(4)]
Renames the Advanced Transportation and Congestion
Management Technologies Deployment (ATCMTD) program to the
Mobility through Advanced Technology (MTAT) program. Focuses
the program's objectives on mobility, safety, and greenhouse
gas emissions reduction. Requires the Secretary to prioritize
programs that will improve mobility, decrease congestion,
increase safety, and reduce emissions. Expands eligible uses of
funds to include vehicle-to-pedestrian safety systems,
vulnerable road user safety systems, cybersecurity protections,
DSRC-to-CV2X retrofitting, and mobility-on-demand activities.
Enhances reporting requirements. Increases funding to $70
million per year and expands the Federal share of the program
to 80 percent.
Sec. 5302. LIntelligent transportation systems program. [23 USC 513-
516]
Adds consideration of greenhouse gas emissions reduction
throughout the Intelligent Transportation Systems (ITS)
program. Reauthorizes the ITS Program Advisory Committee.
Removes set-asides that previously took funding away from
intelligent transportation activities.
Sec. 5303. LNational highly automated vehicle and mobility innovation
clearinghouse. [49 USC 5507]
Establishes a national clearinghouse at a university to
research the impacts of highly automated vehicles and mobility
innovation (Mobility on Demand and Mobility as a Service) on
land use, urban design, transportation, real estate,
accessibility, municipal budgets, social equity, and the
environment.
Sec. 5304. LStudy on safe interactions between automated vehicles and
road users.
Directs U.S. DOT to study how automated vehicles will
safely interact with general road users, including vulnerable
road users such as bicyclists and pedestrians. Includes
numerous safety considerations to ensure that the study
accounts for the complexities of the surface transportation
system and its many users. Establishes a working group of road
users to guide the study.
Sec. 5305. LNontraditional and Emerging Transportation Technology
Council. [49 USC 118]
Authorizes the Non-Traditional and Emerging Transportation
Technology (NETT) Council to develop cohesive regulatory
practices for novel transportation technologies presented to
the DOT.
Sec. 5306. LSurface transportation workforce retraining grant program.
Establishes a work force retraining grant program for
surface transportation workers whose jobs have been or will be
affected by automation. The program will award grants to
eligible entities to test new roles for existing jobs, to
develop degree or certification-granting programs, and for
direct worker training or train-the-trainer programs.
Sec. 5307. LThird-party data integration pilot program.
Establishes a pilot program to leverage anonymous
crowdsourced data from third-party entities to implement
integrated traffic management systems that will improve traffic
flow.
Sec. 5308. LThird-party data planning integration pilot program.
Establishes a pilot program to leverage anonymous
crowdsourced data from third-party entities to improve
transportation planning.
Sec. 5309. LAutomated commercial vehicle reporting.
Directs the Secretary to require entities operating
automated commercial motor vehicles in interstate commerce to
report safety data to the Secretary. Requires the Secretary to
establish a repository of such data and make certain data
publicly available in a safe manner that protects the privacy
of submitting entities.
Sec. 5310. LTask Force to Promote American Vehicle Competitiveness.
Directs the Secretary of Transportation to establish a Task
Force to Promote American Vehicle Competitiveness to identify
and resolve any jurisdictional or regulatory gaps or
inconsistencies associated with domestic sourcing and
production of electric vehicle batteries; coordinate agency
oversight of nontraditional and emerging electric vehicle
battery sourcing and production technologies, projects, and
engagement with stakeholders; develop best practices for
identifying, managing, and resolving issues regarding domestic
sourcing and production of electric vehicle batteries; and
carry out any other activities necessary to promote domestic
electric vehicle manufacturing.
Subtitle D-Surface Transportation Funding Pilot Programs
Sec. 5401. LState surface transportation system funding pilot.
Nearly doubles funding for state-level Vehicle Miles
Traveled (VMT) pilot programs and directs program dollars
toward implementation of successful state programs. Adds
cybersecurity to the scope of the pilot programs.
Sec. 5402. LNational surface transportation system funding pilot.
Establishes a new 5 year national VMT pilot program.
Directs the Secretary to solicit participants from all 50
states and the District of Columbia. Incorporates passenger and
commercial vehicles, including vehicle fleets. Provides
flexibility for the type of revenue-collection mechanism used
in the pilot, including successful VMT pilots implemented at
the state level. Directs collected revenue to the Highway Trust
Fund. Establishes an advisory board to help carry out the
pilot.
Subtitle E-Miscellaneous
Sec. 5501. LErgonomic seating working group.
Establishes a working group to improve the musculoskeletal
health of transit and commercial vehicle drivers by developing
stronger ergonomic seating standards in transit and commercial
vehicles. Requires the working group to compare design
standards for women to those for men.
Sec. 5502. LRepeal of section 6314 of title 49, United States Code. [49
USC 6314]
Repeals the Port Performance Freight Statistics Program.
Sec. 5503. LTransportation workforce outreach program. [49 USC 5508]
Directs the Secretary to establish a public service
announcement campaign to increase awareness of transportation
sector career opportunities and to increase diversity in the
transportation sector.
Sec. 5504. LAdvisory council on transportation statistics. [49 USC
6305]
Reauthorizes the Advisory Council on Transportation
Statistics.
Sec. 5505. LGAO review of discretionary grant programs.
Directs the Government Accountability Office to review the
extent to which the Secretary is considering the needs of
underserved populations in certain discretionary grant
programs.
TITLE VI--MULTIMODAL TRANSPORTATION
Sec. 6001. LNational multimodal freight policy. [49 USC 70101]
Revises the National Multimodal Freight Policy to include
further consideration of environmental and equity impacts.
Sec. 6002. LNational freight strategic plan. [49 USC 70102]
Revises the National Freight Strategic Plan to include
further consideration of environmental and equity impacts.
Sec. 6003. LNational multimodal freight network. [49 USC 70103]
Amends the National Multimodal Freight Network to include
ports that have a total annual cargo value of at least $1
billion. Establishes a new deadline for the Secretary to
designate a final National Multimodal Freight Network and
requires the Secretary to report to Congress on the resources
that will be used to meet this deadline. Allows for the
establishment of critical urban multimodal freight corridors in
the same manner as the establishment of critical rural
multimodal freight corridors.
Sec. 6004. LState freight advisory committees. [49 USC 70201]
Provides for the participation of additional stakeholders
in state freight advisory committees, including metropolitan
planning organizations, state environmental departments, and
state air quality departments.
Sec. 6005. LState freight plans. [49 USC 70202]
Revises the requirements for State Freight Plans to include
further consideration of environmental and equity impacts.
Sec. 6006. LStudy of freight transportation fee.
Establishes a joint task force between the DOT and the
Internal Revenue Service to study the establishment and
administration of a fee on multimodal freight surface
transportation services. Includes an assessment of the revenue
such a fee would generate, the entities that would be impacted
by such a fee, and assessments of related operational and
administrative issues. Requires the Secretary to report to
Congress on the outcome of the study.
Sec. 6007. LNational Surface Transportation and Innovative Finance
Bureau. [49 USC 116]
Modifies the purpose of the Bureau to include proactive
outreach to communities located outside of metropolitan or
micropolitan statistical areas and coordinating with the
Department of Agriculture's Office of Rural Development, the
Environmental Protection Agency's Office of Community
Revitalization, and any other agencies that provide technical
assistance for rural communities.
Sec. 6008. LTransportation equity advisory committee.
Requires the establishment of a Transportation Equity
Advisory Committee to provide independent advice and
recommendations to the Secretary on transportation equity,
including making recommendations on national transportation
metrics.
Sec. 6009. LSense of Congress.
States a sense of Congress that walking, bicycling, and
public transportation are complementary modes of
transportation, and that pedestrian and bicycle pathways and
related improvements within public transportation rights-of-way
are appropriate investments for the public benefit.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
ACT
Sec. 7001. LTransportation Infrastructure Finance and Innovation Act.
Streamlines the program by raising the threshold above
which projects are required to secure multiple credit rating
agency opinions. Further clarifies that the proceeds of a
secured loan under TIFIA shall be considered part of the non-
federal share of a project under title 23 or chapter 53 of
title 49 if the loan is repayable from non-federal funds.
Allows territories to use funds made available under this
section for the non-federal match under the TIFIA program.
Clarifies the criteria under which projects are eligible for
the streamlined application process. Provides additional
funding to allow the Department to waive fees for small
projects. Modifies reporting requirements to include
information on whether a TIFIA project is located in a
metropolitan or micropolitan area. Requires the Department to
issue public monthly status reports on TIFIA applications and
projects. Clarifies the application of Buy America standards
for commuter rail procurements under TIFIA.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. LShort title. [23 USC Chapter 6]
Streamlines the program by raising the threshold above
which projects are required to secure multiple credit rating
agency opinions. Further clarifies that the proceeds of a
secured loan under TIFIA shall be considered part of the non-
Federal share of a project under title 23 or chapter 53 of
title 49 if the loan is repayable from non-Federal funds.
Allows territories to use funds made available under this
section for the non-Federal match under the TIFIA program.
Clarifies the criteria under which projects are eligible for
the streamlined application process. Provides additional
funding to allow the Department to waive fees for small
projects. Modifies reporting requirements to include
information on whether a TIFIA project is located in a
metropolitan or micropolitan area. Requires the Department to
issue public monthly status reports on TIFIA applications and
projects. Clarifies the application of Buy America standards
for commuter rail procurements under TIFIA.
TITLE I--AUTHORIZATIONS
Sec. 8101. LAuthorization of appropriations.
Authorizes appropriations for the Pipeline and Hazardous
Materials Safety Administration (PHMSA) hazardous materials
safety program at $360 million over 5 years.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. LRepeal of certain requirements related to lithium cells and
batteries.
Repeals Section 828 of the FAA Modernization and Reform Act
of 2012. That section prohibits DOT from issuing any regulation
ensuring the safety of transporting lithium batteries in air
cargo compartments of passenger and cargo planes if the
regulations are more stringent than the lowest common
denominator of international standards. Repealing this
provision helps protect the safety of all passengers flying in
the U.S. from safety risks associated with lithium batteries.
Directs PHMSA to review outstanding National Transportation
Safety Administration recommendations regarding the
transportation of lithium batteries by air.
Sec. 8202. LTransportation of liquefied natural gas by rail tank car.
Requires DOT to rescind any special permit or approval for
the transport of liquified natural gas (LNG) by rail tank car
issued before the date of enactment. Also prohibits DOT
regulations on the transport of LNG by rail tank car from
taking effect until DOT conducts a further safety evaluation.
Directs PHMSA and FRA to initiate an evaluation of the safety,
security, and environmental risks of transporting LNG by rail,
which must include performance evaluation of tank cars,
including physical testing of rail tank cars. The evaluation
also must examine the impact of a discharge of LNG from a rail
tank car and consider several related issues, including the
benefits of route, speed, and consist restrictions, the needs
of first responders to prepare and safely respond to incidents
involving LNG, and the types of safety enhancements required to
make tank cars and certain rail containers capable of moving
LNG by rail safely. GAO must verify that DOT has complied with
this mandate.
Sec. 8203. LHazardous materials training requirements and grants.
Authorizes the Assistance for Local Emergency Response
Training (ALERT) grant, which promotes hazmat response training
for volunteer or remote emergency responders, at $9 million
over 5 years.
Sec. 8204. LLithium battery approval.
Establishes a PHMSA approval program for certain high-risk
lithium battery types, which will allow safety inspection
personnel and carriers to verify that these batteries comply
with international and domestic safety requirements.
DIVISION D--RAIL
Sec. 9001. LShort title.
Cites the division as the ``Transforming Rail by
Accelerating Investment nationwide Act'' or the ``TRAIN Act''.
TITLE I--AUTHORIZATIONS
Sec. 9101. LAuthorization of appropriations.
Provides $32 billion over 5 years in grants to support
Amtrak's intercity passenger rail service on the Northeast
Corridor (NEC) and the National Network. Provides $25 billion
over 5 years to both the Passenger Rail Improvement
Modernization and Expansion grant program and the Bridges,
Stations, and Tunnels grant program and $7 billion to the
Consolidated Rail Investment and Safety Improvements grant
program. Authorizes over the next 5 years appropriations for
the State-Amtrak Intercity Passenger Rail Committee at $20
million, the Northeast Corridor Commission at $30 million, and
the Grade Crossing Separation Grant program at $2.5 billion.
Authorizes appropriations for the Federal Railroad
Administration (FRA) Safety and Operations account at $1.567
billion over 5 years and requires FRA to increase the number of
safety inspectors by 20 percent over 5 years; sets aside $20
million a year for FRA regional planning processes; authorizes
appropriations for the Amtrak Office of Inspector General at
$137.5 million over 5 years and FRA's Railroad Research and
Development account at $335 million over 5 years.
Finally, blocks Federal financial assistance to any entity
that is owned or controlled by a state-owned enterprise and
includes a Sense of the Committee that a rail trust fund should
be created and authorizes FRA grant programs to be funded by a
rail trust fund if one is created.
Sec. 9102. LPassenger rail improvement, modernization, and expansion
grants.
This new high-speed and intercity passenger rail
competitive grant program authorizes grant funding of $25
billion over 5 years to improve mobility, operational
performance, or growth of high-speed or intercity passenger
rail corridors. Priority is given for projects that incorporate
regional planning, or have the support of multiple states,
provide environmental benefits, such as greenhouse gas
reduction and other air quality benefits and/or improve service
in and to socially disadvantaged communities. The grant program
reserves 4 percent of funds for high-speed rail corridor
development planning and has a Federal cost-share of up to 90
percent.
Sec. 9103. LConsolidated rail infrastructure and safety improvement
grants.
Reauthorizes the FRA's CRISI competitive grant program to
fund freight and passenger rail projects at $7 billion over 5
years. Safety program eligibilities expressly allow for
projects to help prevent rail trespassing and suicide. New
preferences are added for projects that positively impact
socially disadvantaged communities and for zero-emission
locomotives. Commuter rail and Tribal government rail projects
are newly eligible. The section retains the 25 percent set
aside for rural projects and establishes a 25 percent set aside
for projects over $100 million and removes a preference for
projects with a lower percentage of Federal funding. The
Federal cost share remains up to 80 percent for most projects.
Sec. 9104. LRailroad rehabilitation and improvement financing.
Through the RRIF program, the DOT provides direct loans and
loan guarantees to finance development of railroad
infrastructure. New provisions direct the Secretary to repay
the credit risk premium (CRP) with interest for each loan
defined in cohort 3 (made between 2009 and 2015) not later than
60 days after all obligations attached to each such loan has
been satisfied. The section also authorizes $900 million over 5
years for the Secretary to pay the CRP in whole or in part for
loan and loan guarantees for state and local governments,
congressionally consented interstate compacts, and government-
sponsored authorities. For entities that pay a credit risk
premium, this section provides certainty that upon loan payoff,
the credit risk premium will be refunded. The section makes
permanent the authority for transit-oriented development
project loans, and it clarifies that RRIF loans may be used as
the non-Federal share of project costs for DOT Federal grant
programs if such loans are repaid from non-Federal funds.
Sec. 9105. LBridges, stations, and tunnels (BeST) grant program.
Authorizes $25 billion in a new directed grant program to
fund major intercity passenger rail bridges, stations, tunnels,
and any co-located projects that can be completed concurrently.
Projects must be consistent with multi-state planning, have
Tier I environmental impact statement work complete, and be in
locations with cost-sharing methodology in place.
Sec. 9106. LBuy America.
Requires DOT to provide notice and opportunity for public
comment on requests for waivers from FRA's Buy America
standards at least 30 days before making a finding on such
request. Also requires DOT to annually report to Congress on
the waivers granted during the preceding fiscal year.
TITLE II--AMTRAK REFORMS
Sec. 9201. LAmtrak findings, mission, and goals.
Amtrak's findings, mission, and goals have been revised to
reflect congressional priorities for Amtrak. Amtrak must
provide reliable national intercity passenger rail service,
reflect the needs of all passengers, and support the U.S. work
force.
Sec. 9202. LAmtrak status.
Clarifies that Amtrak serves the public interest in
providing reliable passenger rail service.
Sec. 9203. LBoard of Directors.
Realigns the makeup of Amtrak's board of directors to
better reflect the interests of passengers and Amtrak-served
states. The board must represent the interests of areas served
by Amtrak, Amtrak's passengers and employees, the Amtrak CEO,
and DOT. Also clarifies that the board members must balance
consideration for the traveling public's interests in a
sustainable national passenger rail service, with fiduciary
responsibilities and Amtrak's mission and goals.
Sec. 9204. LAmtrak preference enforcement.
Amtrak's preferential access to freight-owned corridors
dates to Amtrak's early years and is key to the future success
of intercity passenger rail transportation. This provision
provides a means for Amtrak to enforce its statutory right of
preference directly in Federal court without intermediaries.
Sec. 9205. LUse of facilities and providing services to Amtrak.
Revises the Surface Transportation Board provisions that
govern when Amtrak seeks to operate additional trains over rail
lines owned by another carrier by establishing a process for
the Board to determine whether the additional trains
unreasonably impair freight transportation and initiate a
proceeding to evaluate what additional investments are
required.
Sec. 9206. LProhibition on mandatory arbitration.
Prohibits Amtrak from imposing mandatory arbitration. This
reverses Amtrak's recent change to its ticket policy to include
a mandatory arbitration clause that forces passengers who
purchase tickets to waive their right to file a lawsuit or
participate in a class action.
Sec. 9207. LAmtrak ADA assessment.
Amtrak's trains, stations, facilities, policies, and
decisionmaking processes must serve passengers with
disabilities. This provision requires Amtrak to perform a
comprehensive review every 2 years of all policies, protocols,
and guidelines for compliance with the Americans with
Disabilities Act (ADA). The review encompasses existing
facilities, including trains, stations, and parking for which
Amtrak has responsibility under the ADA.
Sec. 9208. LProhibition on smoking on Amtrak trains.
Prohibits smoking on Amtrak trains, including electronic
cigarettes.
Sec. 9209. LState-supported routes operated by Amtrak.
Increases transparency of the costs for state-supported
Amtrak routes and calls for procedures to improve financial
planning. The section directs the State-Amtrak Intercity
Passenger Rail Committee to update the cost methodology that
promotes accountability and transparency. Further, the section
requires Amtrak to engage stakeholders early when developing
new state-supported routes, and ensures Amtrak receives
affirmative state permission before initiating such service.
The section also allows states and Amtrak to pursue an
alternative cost methodology to facilitate the development,
construction, and operation of new state-supported routes and
the expansion of existing ones.
Sec. 9210. LAmtrak Police Department.
Requires Amtrak to identify the mission of the Amtrak
Police Department (APD) in mitigating risks to, and ensuring
the safety and security of, Amtrak passengers, workers, trains,
stations, and facilities. Amtrak must also develop a work force
planning process that ensures adequate APD employment levels
and set performance goals and metrics that align with the
mission of the Department. Amtrak is directed to consult with
experts and workers in complying with the section, and to
report to Congress on its work.
Sec. 9211. LAmtrak food and beverage.
Requires that any individual onboard a train who prepares
onboard food and beverage service is an Amtrak employee. The
section also establishes a working group charged with
developing recommendations, and issuing a report within 1 year,
on how to improve onboard food and beverage services. Amtrak is
prohibited from making changes to its food and beverage service
until 30 days after issuing a response to the working group
recommendations. The provision also requires Amtrak to ensure
that all long-distance passengers traveling overnight have
access to hot meals, not just sleeping car passengers, and it
removes statutory language limiting Amtrak's ability to provide
food and beverage service due to costs.
Sec. 9212. LClarification on Amtrak contracting out.
Amends current Amtrak contracting limitations to clarify
that Amtrak cannot contract out the work performed by an
employee if such employee has been laid off and has not been
recalled to perform such work. It also clarifies that Amtrak is
not authorized to contract out work if prohibited to do so in
an agreement entered into with its workers.
Sec. 9213. LAmtrak staffing.
Prevents Amtrak from contracting out work performed at
Amtrak call centers. The section also requires an Amtrak ticket
agent to staff each station where there was more than an
average of 40 Amtrak passengers boarding or deboarding per day
in Fiscal Year 2019.
Sec. 9214. LSpecial transportation.
Requires Amtrak to offer reduced fares for certain
passenger groups, including veterans, young children, and
members of the military and their families.
Sec. 9215. LDisaster and emergency relief program.
Enables DOT to make grants to Amtrak for capital projects
and continued operations during disruptions due to natural
disasters and emergency events.
Sec. 9216. LAccess to recreational trails.
Requires Amtrak to report to Congress before implementing a
new policy or operation that may affect access to recreational
trails.
Sec. 9217. LAmtrak cybersecurity enhancement and resiliency grant
program.
Authorizes the Secretary to make grants to Amtrak for
improvements to its information technology systems, including
cyber resiliency improvements.
Sec. 9218. LAmtrak and private cars.
Requires Amtrak to review policies regarding private car
and charter train services and evaluate opportunities to
strengthen these services.
Sec. 9219. LAmtrak Office of Community Outreach.
Requires Amtrak to establish an Office of Community
Outreach to engage and build relationships with communities
impacted by Amtrak operations, including outreach and
engagement around projects of community significance.
Sec. 9220. LLong-distance customer enhancement program.
Requires Amtrak to set aside at least 2.5 percent of all
annual appropriations to enhance the passenger experience on
long-distance routes. Eligible initiatives include train car
interior redesign and upgrades, food and beverage service
improvements, wi-fi expansion, and rail stations.
Sec. 9221. LAmtrak carbon-free and renewable energy initiatives.
Requires Amtrak to develop and publish a greenhouse gas
emission reduction plan that sets forth a strategy to achieve
net-zero carbon emissions within the Northeast Corridor by
2035.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. LNortheast Corridor Commission.
Incorporates minor updates to the Northeast Corridor
Commission provisions, including terminology changes and slight
modifications to the Commission's membership provisions.
Sec. 9302. LNortheast Corridor planning.
Requires the Northeast Corridor Commission to submit a
service development plan that identifies key state-of-good
repair, capacity expansion, and capital improvement projects
planned for the Northeast Corridor.
Sec. 9303. LProtective arrangements.
Directs the FRA Administrator to adhere to current law that
requires that applicants seeking FRA grants for some types of
projects agree to comply with protective arrangements that are
equivalent to those established under the Railroad
Revitalization and Regulatory Reform Act of 1976. Those
protective arrangements are intended to ensure that workers are
not harmed as a result of a project funded by an FRA grant.
Sec. 9304. LInterstate rail compacts.
Encourages states to create interstate compacts to
facilitate multi-state rail planning and encourage multi-state
grant applications. Directs the Secretary to provide up to
$500,000 in administrative assistance for up to 10 interstate
rail compacts to improve, promote, and develop intercity
passenger rail service through initiating, restoring, or
enhancing such service. Recipients must provide a non-Federal
match of not less than 50 percent of the administrative costs.
The section sets applicant selection criteria and requires
recipients to report annually on its activities and information
related to performances measures the Secretary establishes to
measure a recipient's progress toward achieving goals and
objectives.
Sec. 9305. LHigh-speed rail updates.
Updates requirements for high-speed rail projects to
consider whether projects connect to rail stations in urban
centers, environmental impacts including greenhouse gas
reductions, and electrification. Establishes a consistent
definition for high-speed rail projects to reach speeds of 150
m.p.h. or more for projects on shared-use right of way and 186
m.p.h. or more on dedicated right-of-way.
Sec. 9306. LState rail planning formula funds.
Directs 1.5 percent of all Chapter 229 competitive grant
funding (PRIME, CRISI, BeST, Restoration and Enhancement) into
formula funding for all 50 states and the District of Columbia,
for intercity passenger rail planning. States may use funds to
advance rail capital projects when intercity passenger rail
planning is not feasible. The formula is determined by a
state's share of national rail route miles, population, and
Amtrak's Fiscal Year 2019 ridership.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. LSense of Congress regarding commuter rail liability
insurance.
This section expresses the Sense of Congress that Congress
should address the capacity and cost issues associated with the
commuter rail liability insurance market and consider
establishing a commuter rail insurance program within the DOT.
Sec. 9402. LSurface Transportation Board mediation of trackage use
requests.
Requires that a rail carrier must provide good faith
consideration to a provider of commuter rail transportation's
reasonable request for access to trackage and provision of
related services.
Sec. 9403. LSurface Transportation Board mediation of rights-of-way use
requests.
Requires that a rail carrier must provide good faith
consideration to a provider of commuter rail transportation's
reasonable request for access to rail right-of-way.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. LStudy on safety impact of long trains.
Long trains place different operational demands on the rail
network and work force. This provision directs the Secretary to
study the safety impacts of trains composed of more than 150
railcars in a variety of terrains and conditions. The study
will consider safety factors, such as loss of communication
between crew members and in-train forces that can cause
derailment risks. The Secretary must collaborate with
stakeholders, including railroads, workers, and safety
technology manufacturers, take action to address any risk
identified by the study, and share the study results with
stakeholders and Congress.
Sec. 9502. LFRA safety reporting.
Expands the type of data FRA collects from railroads on
accident and incident report forms to include train length and
crew size. It also directs FRA to regularly review and analyze
such report data for trends or patterns of potential safety
risks and to take appropriate actions on risks identified.
Sec. 9503. LWaiver notice requirements.
This section requires FRA to engage in a public process
before granting waivers from, or suspensions of, railroad
safety standards and regulations. FRA must give the public
notice of a waiver or suspension request, make available a
waiver or suspension application and any supporting data, and
provide the public with notice and an opportunity to comment on
waivers or suspensions before they are finalized.
Sec. 9504. LNotice of FRA comprehensive safety compliance assessments.
Requires that the FRA notify the House Transportation and
Infrastructure Committee and the Senate Commerce, Science, and
Transportation Committee if it initiates a comprehensive safety
compliance assessment of an entity providing regularly
scheduled intercity or commuter rail transportation. Such
notification must be made not later than 10 business days after
the FRA commences any field investigation activity that is part
of such assessment. Additionally, not later than 180 days after
the assessment is complete, the FRA must transmit a summary
report of the assessment findings to such committees.
Sec. 9505. LFRA accident and incident investigations.
Requires DOT to create a standard process during FRA
accident and incident investigations for gathering information
about the accident or incident, and consulting for technical
expertise with railroad carriers, contractors or employees or
employee representatives, and other relevant entities. In
developing the process, the Secretary shall factor in ways to
maintain confidentiality of such entities when requested and
appropriate. The Secretary must also develop a process for
making accident and incident investigation reports available to
railroads and employees for their review and comment prior to
the FRA publishing the report.
Sec. 9506. LFreight train crew size safety standards.
Includes a two-person crew requirement that generally
requires that freight trains have a certified engineer and a
certified conductor. Limited exemptions are included for short
line and small railroads, but no exemptions are available for
trains carrying dangerous hazmat and long trains, which must be
staffed with two crewmembers.
Sec. 9507. LBorder crossings.
Requires freight trains crossing the southern border into
the United States to follow the decades-long practice whereby
the crews operating the trains across the border interchange
with United States-based crews who then operate the train into
the interior of the country. The section also addresses
concerns of the Customs and Border Patrol (CBP) by requiring
that such trains operate continually over the border crossing
and stop once the train clears a CBP nonintrusive inspection
facility. It also addresses congestion caused by freight trains
that block highway-railroad grade crossings near the southern
border by creating a $300 million set-aside for projects that
separate grade crossings and relocate rail lines.
Sec. 9508. LYardmasters hours of service.
Makes yardmaster employees subject to FRA's hours of
service protections, defined as individuals responsible for
supervising and coordinating the control of trains and engines
operating within a rail yard.
Sec. 9509. LLeaking brakes.
Directs the FRA to take such actions as are necessary to
ensure that certain older air brake control valves are phased
out on rail cars operating in cold regions of the United
States.
Sec. 9510. LReport on PTC system failures.
Directs the Secretary to require railroad carriers to
regularly report on failures of positive train control (PTC)
systems in the manner established by the Secretary.
Sec. 9511. LFatigue reduction management plans.
Directs the Secretary to issue a final rule on fatigue
management plans within 1 year of enactment. The Secretary may
reopen a fatigue management plan if the FRA finds that fatigue
was a casual or contributing factor in an accident or incident
investigation, and the FRA must reopen such plans if the agency
determines that fatigue is a systemic issue for the passenger
or freight railroad involved in the accident or incident.
Sec. 9512. LAssault prevention and response plans.
Requires passenger and commuter railroad carriers to
implement response plans and employee training in order to
address assaults against both passengers and employees. The
section also requires railroads to report annual assault data
to FRA.
Sec. 9513. LCritical incident stress plans.
Amends FRA regulations to include assault in the definition
of a critical incident, after which railroad carriers must
offer support services to employees who witness or experience
such events.
Sec. 9514. LCrewmember certification and qualification.
Directs the Secretary to conduct an audit within 1 year of
enactment, and every 5 years thereafter, of Class I railroads'
qualification and certification program of locomotive engineers
and conductors. The Secretary must consult with the railroad
carrier and workers while conducting the audit and must submit
to Congress a report summarizing the audit results. After the
initial audit is complete, the Secretary must review the
regulations governing these programs to consider whether
updates are necessary to prepare engineers and conductors to
safely operate trains. If any regulatory update is needed, the
Secretary must act.
Sec. 9515. LSafety management team communication.
Directs the FRA Administrator to implement a process that
ensures communication between the FRA's safety management teams
and workers is timely and responsive.
Sec. 9516. LGAO study on reorganization of Office of Railroad Safety.
Directs the GAO to study the reorganization of the FRA's
Office of Railroad Safety that took effect in June 2020 and
consider how the previous and new structure compare.
Sec. 9517. LOpen-top rail car public input.
Directs the FRA Administrator to, within 1 year of
enactment, initiate a public process to seek input on
addressing safety risks, spills, emissions, odors, and other
public nuisances associated with certain rail cars, including
evaluating the feasibility of requiring such rail cars be
covered while in transportation.
Sec. 9518. LNew passenger service pre-revenue safety validation plan.
Directs the Secretary to require an entity providing
regularly scheduled intercity or commuter rail passenger
transportation to submit to the Secretary a safety validation
plan not later than 30 days prior to beginning new service,
restarting service, or extending service. The plan must ensure
the safety of such service and contain the elements specified
by the Secretary. No such service may begin until the entity
complies with the content of the plan. Entities must submit to
the Secretary for review and approval any amendments to the
plan.
Sec. 9519. LSafety oversight of nontraditional and emerging rail
technologies.
Requires the Secretary to conduct a review of FRA safety
regulations to determine the applicability of current
regulations toward nontraditional and emerging rail
technologies. The Secretary shall further identify gaps or
challenges affecting the regulation of new rail technologies
and report to Congress.
Subtitle B--Grade Crossing Safety
Sec. 9551. LHighway-rail grade crossing separation grants.
To reflect the significant demand for funds to support
grade separation projects, this section creates a new grant
program authorized at $2.5 billion over 5 years to build or
improve grade crossing separations. Preference is given to
projects that benefit disadvantaged communities. Right-of-way
owners must contribute at least 10 percent of the total project
costs, and the Federal cost-share is up to 85 percent.
Sec. 9552. LRail safety public awareness grant.
This section authorizes a set-aside within the CRISI grant
program at $25 million over 5 years with a focus on reducing
rail-related accidents and improving safety along railroad
rights-of-way and highway-rail grade crossings. Eligible
programs include public service announcements and media
campaigns, school and driver education safety presentations,
and dissemination of safety information to communities.
Sec. 9553. LEstablishment of 10-minute time limit for blocking public
highwayrail grade crossings.
This section mirrors many state laws by prohibiting a
stopped freight train from blocking a public highway-rail grade
crossing for more than 10 minutes and allows the Secretary to
issue civil penalties to railroad carriers for repeated
violations of blocked crossings. Railroad carriers are granted
60 days to rectify the cause of the blocked crossing before
penalties can be assessed. Exemptions are made for instances
such as accidents or compliance with Federal safety
regulations, while higher penalties are permitted for
repeatedly delaying emergency services.
Sec. 9554. LNational blocked crossing database.
Directs the Secretary to develop a national blocked
crossings data base for the public to report instances of
blocked crossings.
Sec. 9555. LRailroad point of contact for blocked crossing matters.
Adds blocked crossings to the grade crossing problems that
the public may report to a railroad under existing law. Further
requires railroads that receive complaints of blocked public
grade crossings to enter the reported instance into FRA's
national blocked crossings data base.
Sec. 9556. LNational highway-rail crossing inventory review.
Requires the Secretary to conduct a review of the national
highway-rail crossing inventory of the DOT and correct any out-
of-date or erroneous data.
Sec. 9557. LRailroad trespassing enforcement grants.
Authorizes the Secretary to set-aside $250,000 annually
within the CRISI grant program to make grants to fund law
enforcement efforts to prevent trespassers along railroad
right-of-way.
Sec. 9558. LRailroad trespassing suicide prevention grants.
Authorizes the Secretary to set-aside $1 million annually
within the CRISI grant program to make grants to partnerships
of nonprofit mental health organizations and railroad carriers
to implement public outreach campaigns centered on reducing the
number of railroad suicides.
Sec. 9559. LIncluding railroad suicides.
Requires the Secretary to include the number of suicides
that occur on a railroad crossing or right-of-way in the total
number of rail fatalities reported by DOT each year.
Sec. 9560. LReport on safety measures required for Quiet Zones.
Requires the FRA Administrator to submit a report to
Congress detailing the safety measures that can be used by
communities to qualify for quiet zone implementation, as well
as a summary of any proposed safety measures that did not meet
the safety levels required of quiet zones.
TITLE VI--MISCELLANEOUS
Sec. 9601. LRail network climate change vulnerability assessment.
In light of the risks posed to the passenger and freight
rail network from climate change and related ecological
disturbances, this section directs the Secretary of
Transportation to sponsor a National Academies assessment and
submit a subsequent report on the potential impacts of climate
change on the national rail network. The report will also
address mitigation strategies to lessen adverse impacts,
including emergency preparedness measures and resiliency best
practices for infrastructure planning.
Sec. 9602. LAdvance acquisition.
Similar to highway and transit projects, allows rail
project sponsors to acquire real property interest for a
transportation purpose that does not cause significant adverse
environmental impact, prevent the lead agency from making an
impartial decision to accept an alternative, or result in
elimination or reduction of benefits to a displaced person. A
real property interest may not be developed until all required
environmental reviews for the project have been completed.
Sec. 9603. LUniversity Rail Climate Innovation Institute.
Directs the Secretary to conduct a competitive process to
establish a University Rail Climate Innovation Institute to
research and develop low-and zero-emission rail technologies.
The Institute is funded at $20 million annually, with a 50
percent Federal cost share, and the selected university must
partner with a railroad carrier or rail supplier.
Sec. 9604. LWorkforce diversity and development.
Directs the Secretary to carry out at least one work force
development pilot program within 2 years that may be in the
form of an outreach program to increase employment
opportunities for socially disadvantaged individuals; the
development of a partnership with local schools and colleges to
address work force needs; or an apprenticeship program to train
railroad employees in needed skills. The Secretary must report
to Congress on the pilot, including information about
participants and outcomes of the pilot, and make
recommendations for increasing diversity and enhancing skills
in the railroad work force.
Sec. 9605. LRequirements for railroad freight cars entering service in
United States.
Prohibits a freight rail car manufacturer from placing a
freight car on the U.S. freight railroad interchange system if
that car is made by a state-owned enterprise (SOE), has
sensitive equipment made by a SOE or a county of concern, or
contains content that originates from a SOE or entity within a
country of concern that violated U.S. intellectual property
rights. The section further limits freight cars to no more than
20 percent SOE or country of concern content within 1 year
after the date of enactment, and no more than 15 percent after
2 years. The Secretary may fine a manufacturer up to $250,000
per violation, (which exceeds the cost of most rail cars) and
prohibit repeat offenders from placing any railcar on the U.S.
freight railroad interchange system.
Sec. 9606. LRail research and development Center of Excellence.
Authorizes the Secretary to award a grant to a university
or consortium of universities to establish a Center of
Excellence to research and develop improved safety, efficiency,
and reliability of passenger and freight rail transportation.
The grant has a 50 percent Federal cost share and preference is
given to universities with experience in rail research,
education, and work force development.
Sec. 9607. LFreight railroad locomotive requirements.
Requires all Class I freight railroads to operate
locomotives that meet the highest EPA emissions standard by
2035.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 23, UNITED STATES CODE
Chap. Sec.
101 [Federal Aid Highways] Federal-aid Highways......................
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
Sec.
101 Definitions and declaration of policy.
* * * * * * *
[117. Nationally significant freight and highway projects.]
117. Projects of national and regional significance.
* * * * * * *
124. Predisaster mitigation program.
125. Emergency relief.
* * * * * * *
[130. Railway-highway crossings.]
130. Railway crossings.
* * * * * * *
[133. Surface transportation block grant program.]
133. Surface transportation program.
* * * * * * *
[144. National bridge and tunnel inventory and inspection standards.]
144. Bridges and tunnels.
* * * * * * *
155. Electric vehicle charging stations.
* * * * * * *
171. Carbon pollution reduction.
172. Community climate innovation grants.
173. Community transportation investment grant program.
Sec. 101. Definitions and declaration of policy
(a) Definitions.--In this title, the following definitions
apply:
(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.
[(1)] (2) Apportionment.--The term ``apportionment''
includes unexpended apportionments made under prior
authorization laws.
(3) Areas of persistent poverty.--The term ``areas of
persistent poverty'' means--
(A) 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;
(B) 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 for all States and Puerto Rico; or
(C) any other territory or possession of the
United States that has had 20 percent or more
of its population living in poverty over the
past 30 years, as measured by the 1990, 2000,
and 2010 decennial censuses, or equivalent
data, of the Bureau of the Census.
[(2)] (4) Asset management.--The term ``asset
management'' means a strategic and systematic process
of operating, maintaining, and improving physical
assets, with a focus on both engineering and economic
analysis based upon quality information, to identify a
structured sequence of maintenance, preservation,
repair, rehabilitation, and replacement actions that
will achieve and sustain a desired state of good repair
over the lifecycle of the assets at minimum practicable
cost.
[(3)] (5) Carpool project.--The term ``carpool
project'' means any project to encourage the use of
carpools and vanpools, including provision of
carpooling opportunities to the elderly and individuals
with disabilities, systems for locating potential
riders and informing them of carpool opportunities,
acquiring vehicles for carpool use, designating
existing highway lanes as preferential carpool highway
lanes, providing related traffic control devices,
designating existing facilities for use for
preferential parking for carpools, and real-time
ridesharing projects, such as projects where drivers,
using an electronic transfer of funds, recover costs
directly associated with the trip provided through the
use of location technology to quantify those direct
costs, subject to the condition that the cost recovered
does not exceed the cost of the trip provided.
(6) 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.
[(4)] (7) Construction.--The term ``construction''
means the supervising, inspecting, actual building, and
incurrence of all costs incidental to the construction
or reconstruction of a highway or any project eligible
for assistance under this title, including bond costs
and other costs relating to the issuance in accordance
with section 122 of bonds or other debt financing
instruments and costs incurred by the State in
performing Federal-aid project related audits that
directly benefit the Federal-aid highway program. Such
term includes--
(A) preliminary engineering, engineering, and
design-related services directly relating to
the construction of a highway project,
including engineering, design, project
development and management, construction
project management and inspection, surveying,
assessing resilience, mapping (including the
establishment of temporary and permanent
geodetic control in accordance with
specifications of the National Oceanic and
Atmospheric Administration), and architectural-
related services;
(B) reconstruction, resurfacing, restoration,
rehabilitation, and preservation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
(E) elimination of hazards of railway-highway
grade crossings;
(F) elimination of roadside hazards;
(G) improvements that directly facilitate and
control traffic flow, such as grade separation
of intersections, widening of lanes,
channelization of traffic, traffic control
systems, and passenger loading and unloading
areas; and
(H) capital improvements that directly
facilitate an effective vehicle weight
enforcement program, such as scales (fixed and
portable), scale pits, scale installation, and
scale houses.
(8) Context sensitive design principles.--The term
``context sensitive design principles'' means
principles 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,
transportation facilities for users, 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.
[(5)] (9) County.--The term ``county'' includes
corresponding units of government under any other name
in States that do not have county organizations and, in
those States in which the county government does not
have jurisdiction over highways, any local government
unit vested with jurisdiction over local highways.
(10) 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).
[(6)] (11) Federal-aid highway.--The term ``Federal-
aid highway'' means a public highway eligible for
assistance under this chapter other than a highway
functionally classified as a local road or rural minor
collector.
[(7)] (12) Federal lands access transportation
facility.--The term ``Federal Lands access
transportation facility'' means a public highway, road,
bridge, trail, or transit system that is located on, is
adjacent to, or provides access to Federal lands for
which title or maintenance responsibility is vested in
a State, county, town, township, tribal, municipal, or
local government.
[(8)] (13) Federal lands transportation facility.--
The term ``Federal lands transportation facility''
means a public highway, road, bridge, trail, or transit
system that is located on, is adjacent to, or provides
access to Federal lands for which title and maintenance
responsibility is vested in the Federal Government, and
that appears on the national Federal lands
transportation facility inventory described in section
203(c).
[(9)] (14) Forest development roads and trails.--The
term ``forest development roads and trails'' means
forest roads and trails under the jurisdiction of the
Forest Service.
[(10)] (15) Forest road or trail.--The term ``forest
road or trail'' means a road or trail wholly or partly
within, or adjacent to, and serving the National Forest
System that is necessary for the protection,
administration, and utilization of the National Forest
System and the use and development of its resources.
(16) 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. 7545(o)(1)(G)).
[(11)] (17) Highway.--The term ``highway'' includes--
(A) a road, street, and parkway;
(B) a right-of-way, bridge, railroad-highway
crossing, tunnel, drainage structure including
public roads on dams, sign, guardrail, and
protective structure, in connection with a
highway; and
(C) a portion of any interstate or
international bridge or tunnel and the
approaches thereto, the cost of which is
assumed by a State transportation department,
including such facilities as may be required by
the United States Customs and Immigration
Services in connection with the operation of an
international bridge or tunnel.
[(12)] (18) Interstate System.--The term ``Interstate
System'' means the Dwight D. Eisenhower National System
of Interstate and Defense Highways described in section
103(c).
[(13)] (19) Maintenance.--The term ``maintenance''
means the preservation of the entire highway, including
surface, shoulders, roadsides, structures, and such
traffic-control devices as are necessary for safe and
efficient utilization of the highway.
[(14)] (20) Maintenance area.--The term ``maintenance
area'' means an area that was designated as an air
quality nonattainment area, but was later redesignated
by the Administrator of the Environmental Protection
Agency as an air quality attainment area, under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
[(15)] (21) National highway freight network.--The
term ``National Highway Freight Network'' means the
National Highway Freight Network established under
section 167.
(23) 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.
[(16)] (22) National Highway System.--The term
``National Highway System'' means the Federal-aid
highway system described in section 103(b).
[(17)] (24) Operating costs for traffic monitoring,
management, and control.--The term ``operating costs
for traffic monitoring, management, and control''
includes labor costs, administrative costs, costs of
utilities and rent, and other costs associated with the
continuous operation of traffic control, such as
integrated traffic control systems, incident management
programs, and traffic control centers.
[(18)] (25) Operational improvement.--The term
``operational improvement''--
(A) means (i) a capital improvement for
installation of traffic surveillance and
control equipment, computerized signal systems,
motorist information systems, integrated
traffic control systems, incident management
programs, and transportation demand management
facilities, strategies, and programs, and (ii)
such other capital improvements to public roads
as the Secretary may designate, by regulation;
and
(B) does not include resurfacing, restoring,
or rehabilitating improvements, construction of
additional lanes, interchanges, and grade
separations, and construction of a new facility
on a new location.
[(19)] (26) Project.--The term ``project'' means any
undertaking eligible for assistance under this title.
[(20)] (27) Project agreement.--The term ``project
agreement'' means the formal instrument to be executed
by the Secretary and the recipient as required by
section 106.
(28) Protective feature.--
(A) In general.--The term ``protective
feature'' means an improvement to a highway,
bridge, or other transportation facility
designed to increase resilience or mitigate the
risk of recurring damage or the cost of future
repairs from climate change effects (including
sea level rise), flooding, and extreme events
or other natural disasters (including
wildfires, seismic activity, and landslides).
(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;
(ix) scour, stream stability,
coastal, and other hydraulic
countermeasures;
(x) the use of natural
infrastructure;
(xi) integration of the use of
traditional and natural infrastructure
features;
(xii) undergrounding public utilities
in the course of other infrastructure
improvements eligible under this title;
and
(xiii) permeable pavements for
stormwater management.
[(21)] (29) Public authority.--The term ``public
authority'' means a Federal, State, county, town, or
township, Indian tribe, municipal or other local
government or instrumentality with authority to
finance, build, operate, or maintain toll or toll-free
facilities.
[(22)] (30) Public road.--The term ``public road''
means any road or street under the jurisdiction of and
maintained by a public authority and open to public
travel.
(31) 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.).
(32) 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.
[(23)] (33) Rural areas.--The term ``rural areas''
means all areas of a State not included in urban areas.
[(24)] (34) Safety improvement project.--The term
``safety improvement project'' means a strategy,
activity, or project on a public road that is
consistent with the State strategic highway safety plan
and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a
highway safety problem.
[(25)] (35) Secretary.--The term ``Secretary'' means
Secretary of Transportation.
[(26)] (36) State.--The term ``State'' means any of
the 50 States, the District of Columbia, or Puerto
Rico.
(40) Transportation demand management; tdm.--The
terms ``transportation demand management'' and ``TDM''
mean the use of strategies to inform and encourage
travelers to maximize the efficiency of a
transportation system leading to improved mobility,
reduced congestion, and lower vehicle emissions.
(41) Transportation demand management strategies.--
The term ``transportation demand management
strategies'' means the use of planning, programs,
policy, marketing, communications, incentives, pricing,
data, and technology to shift travel mode, routes used,
departure times, number of trips, and location and
design work space or public attractions.
(42) 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 non-motorized users;
(B) costs for low-income travelers; and
(C) the extent to which transportation access
is impacted by zoning policies and land use
planning practices that effect the
affordability, elasticity, and diversity of the
housing supply.
[(27)] (37) State funds.--The term ``State funds''
includes funds raised under the authority of the State
or any political or other subdivision thereof, and made
available for expenditure under the direct control of
the State transportation department.
[(28)] (38) State strategic highway safety plan.--The
term ``State strategic highway safety plan'' has the
same meaning given such term in section 148(a).
[(29)] (39) State transportation department.--The
term ``State transportation department'' means that
department, commission, board, or official of any State
charged by its laws with the responsibility for highway
construction.
[(30)] (43) Transportation systems management and
operations.--
(A) In general.--The term ``transportation
systems management and operations'' means
integrated strategies to optimize the
performance of existing infrastructure through
the implementation of multimodal and
intermodal, cross-jurisdictional systems,
services, and projects designed to preserve
capacity and improve security, safety, and
reliability of the transportation system.
(B) Inclusions.--The term ``transportation
systems management and operations'' includes--
(i) actions such as traffic detection
and surveillance, corridor management,
freeway management, arterial
management, active transportation and
demand management, work zone
management, emergency management,
traveler information services,
congestion pricing, parking management,
automated enforcement, traffic control,
commercial vehicle operations, freight
management, and coordination of
highway, rail, transit, bicycle, and
pedestrian operations; and
(ii) coordination of the
implementation of regional
transportation system management and
operations investments (such as traffic
incident management, traveler
information services, emergency
management, roadway weather management,
intelligent transportation systems,
communication networks, and information
sharing systems) requiring agreements,
integration, and interoperability to
achieve targeted system performance,
reliability, safety, and customer
service levels.
[(31)] (44) Tribal transportation facility.--The term
``tribal transportation facility'' means a public
highway, road, bridge, trail, or transit system that is
located on or provides access to tribal land and
appears on the national tribal transportation facility
inventory described in section 202(b)(1).
[(32)] (45) Truck stop electrification system.--The
term ``truck stop electrification system'' means a
system that delivers heat, air conditioning,
electricity, or communications to a heavy-duty vehicle.
[(33)] (46) Urban area.--The term ``urban area''
means an urbanized area or, in the case of an urbanized
area encompassing more than one State, that part of the
urbanized area in each such State, or urban place as
designated by the Bureau of the Census having a
population of 5,000 or more and not within any
urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation
with each other, subject to approval by the Secretary.
Such boundaries shall encompass, at a minimum, the
entire urban place designated by the Bureau of the
Census, except in the case of cities in the State of
Maine and in the State of New Hampshire.
[(34)] (47) Urbanized area.--The term ``urbanized
area'' means an area with a population of 50,000 or
more designated by the Bureau of the Census, within
boundaries to be fixed by responsible State and local
officials in cooperation with each other, subject to
approval by the Secretary. Such boundaries shall
encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the
Census.
(b) Declaration of Policy.--
(1) Acceleration of construction of federal-aid
highway systems.--Congress declares that it is in the
national interest to accelerate the construction of
Federal-aid highway systems, including the Dwight D.
Eisenhower National System of Interstate and [Defense,]
Defense Highways, because many of the highways (or
portions of the highways) are inadequate to meet the
needs of local and interstate commerce for the national
and civil defense.
(2) Completion of interstate system.--Congress
declares that the prompt and early completion of the
Dwight D. Eisenhower National System of Interstate and
Defense Highways (referred to in this section as the
``Interstate System''), so named because of its primary
importance to the national defense, is essential to the
national interest. It is the intent of Congress that
the Interstate System be completed as nearly as
practicable over the period of availability of the
forty years' appropriations authorized for the purpose
of expediting its construction, reconstruction, or
improvement, inclusive of necessary tunnels and
bridges, through the fiscal year ending September 30,
1996, under section 108(b) of the Federal-Aid Highway
Act of 1956 (70 Stat. 374), and that the entire system
in all States be brought to simultaneous completion.
Insofar as possible in consonance with this objective,
existing highways located on an interstate route shall
be used to the extent that such use is practicable,
suitable, and feasible, it being the intent that local
needs, to the extent practicable, suitable, and
feasible, shall be given equal consideration with the
needs of interstate commerce.
(3) Transportation needs of 21st century.--Congress
declares that--
(A) it is in the national interest to
preserve and enhance the surface transportation
system to meet the needs of the United States
for the 21st [Century] century;
(B) the current urban and long distance
personal travel and freight movement demands
have surpassed the original forecasts and
travel demand patterns are expected to continue
to change;
(C) continued planning for and investment in
surface transportation is critical to ensure
the surface transportation system adequately
meets the changing travel demands of the
future;
(D) among the foremost needs that the surface
transportation system must meet to provide for
a strong and vigorous national economy are
safe, efficient, and reliable--
(i) national and interregional
personal mobility (including personal
mobility in rural and urban areas) and
reduced congestion;
(ii) flow of interstate and
international commerce and freight
transportation; and
(iii) travel movements essential for
national security;
(E) special emphasis should be devoted to
providing safe and efficient access for the
type and size of commercial and military
vehicles that access designated National
Highway System intermodal freight terminals;
(F) the connection between land use and
infrastructure is significant;
(G) transportation should play a significant
role in promoting economic growth, improving
the environment, and sustaining the quality of
life[; and];
(H) the Secretary should take appropriate
actions to preserve and enhance the Interstate
System to meet the needs of the 21st [Century.]
century;
(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.
(4) Expedited project delivery.--
(A) In general.--Congress declares that it is
in the national interest to expedite the
delivery of surface transportation projects by
substantially reducing the average length of
the environmental review process while ensuring
that environmental protections are maintained.
(B) Policy of the united states.--
Accordingly, it is the policy of the United
States that--
(i) the Secretary shall have the lead
role among Federal agencies in carrying
out the environmental review process
for surface transportation projects;
(ii) each Federal agency shall
cooperate with the Secretary to
expedite the environmental review
process for surface transportation
projects;
(iii) project sponsors shall not be
prohibited from carrying out
preconstruction project development
activities concurrently with the
environmental review process;
(iv) programmatic approaches shall be
used to reduce the need for project-by-
project reviews and decisions by
Federal agencies; and
(v) the Secretary shall identify
opportunities for project sponsors to
assume responsibilities of the
Secretary where such responsibilities
can be assumed in a manner that
protects public health, the
environment, and public participation.
(c) It is the sense of Congress that under existing law no
part of any sums authorized to be appropriated for expenditure
upon any Federal-aid highway which has been apportioned
pursuant to the provisions of this title shall be impounded or
withheld from obligation, for purposes and projects as provided
in this title, by any officer or employee in the executive
branch of the Federal Government, except such specific sums as
may be determined by the Secretary of the Treasury, after
consultation with the Secretary of Transportation, are
necessary to be withheld from obligation for specific periods
of time to assure that sufficient amounts will be available in
the Highway Trust Fund to defray the expenditures which will be
required to be made from such fund.
(d) No funds authorized to be appropriated from the Highway
Trust Fund shall be expended by or on behalf of any Federal
department, agency, or instrumentality other than the Federal
Highway Administration unless funds for such expenditure are
identified and included as a line item in an appropriation Act
and are to meet obligations of the United States heretofore or
hereafter incurred under this title attributable to the
construction of Federal-aid highways or highway planning,
research, or development, or as otherwise specifically
authorized to be appropriated from the Highway Trust Fund by
Federal-aid highway legislation.
(e) It is the national policy that to the maximum extent
possible the procedures to be utilized by the Secretary and all
other affected heads of Federal departments, agencies, and
instrumentalities for carrying out this title and any other
provision of law relating to the Federal highway programs shall
encourage the substantial minimization of paperwork and
interagency decision procedures and the best use of available
manpower and funds so as to prevent needless duplication and
unnecessary delays at all levels of government.
* * * * * * *
Sec. 104. Apportionment
(a) Administrative Expenses.--
(1) In general.--There is authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to be made available to the
Secretary for administrative expenses of the Federal
Highway Administration--
[(A) $453,000,000 for fiscal year 2016;
[(B) $459,795,000 for fiscal year 2017;
[(C) $466,691,925 for fiscal year 2018;
[(D) $473,692,304 for fiscal year 2019; and
[(E) $480,797,689 for fiscal year 2020.]
(A) $530,000,000 for fiscal year 2023;
(B) $543,000,000 for fiscal year 2024;
(C) $557,000,000 for fiscal year 2025; and
(D) $572,000,000 for fiscal year 2026.
(2) Purposes.--The amounts authorized to be
appropriated by this subsection shall be used--
(A) to administer the provisions of law to be
funded from appropriations for the Federal-aid
highway program and programs authorized under
chapter 2;
(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for
administrative activities associated with the
Appalachian development highway system; and
(C) to reimburse, as appropriate, the Office
of Inspector General of the Department of
Transportation for the conduct of annual audits
of financial statements in accordance with
section 3521 of title 31.
(3) Availability.--The amounts made available under
paragraph (1) shall remain available until expended.
[(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of
the base apportionment apportioned to a State for a fiscal year
under subsection (c) among the national highway performance
program, the surface transportation block grant program, the
highway safety improvement program, the congestion mitigation
and air quality improvement program, the national highway
freight program, and to carry out section 134 as follows:
[(1) National highway performance program.--For the
national highway performance program, 63.7 percent of
the amount remaining after distributing amounts under
paragraphs (4), (5), and (6).
[(2) Surface transportation block grant program.--For
the surface transportation block grant program, 29.3
percent of the amount remaining after distributing
amounts under paragraphs (4), (5), and (6).
[(3) Highway safety improvement program.--For the
highway safety improvement program, 7 percent of the
amount remaining after distributing amounts under
paragraphs (4), (5), and (6).
[(4) Congestion mitigation and air quality
improvement program.--For the congestion mitigation and
air quality improvement program, an amount determined
by multiplying the amount of the base apportionment
remaining for the State under subsection (c) after
making the set aside in accordance with paragraph (5)
by the proportion that--
[(A) the amount apportioned to the State for
the congestion mitigation and air quality
improvement program for fiscal year 2009; bears
to
[(B) the total amount of funds apportioned to
the State for that fiscal year for the programs
referred to in section 105(a)(2) (except for
the high priority projects program referred to
in section 105(a)(2)(H)), as in effect on the
day before the date of enactment of the MAP-21.
[(5) National highway freight program.--
[(A) In general.--For the national highway
freight program under section 167, the
Secretary shall set aside from the base
apportionment determined for a State under
subsection (c) an amount determined for the
State under subparagraphs (B) and (C).
[(B) Total amount.--The total amount set
aside for the national highway freight program
for all States shall be--
[(i) $1,150,000,000 for fiscal year
2016;
[(ii) $1,100,000,000 for fiscal year
2017;
[(iii) $1,200,000,000 for fiscal year
2018;
[(iv) $1,350,000,000 for fiscal year
2019; and
[(v) $1,500,000,000 for fiscal year
2020.
[(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the
total set-aside amount for the national highway
freight program under subparagraph (B) so that
each State receives the amount equal to the
proportion that--
[(i) the total base apportionment
determined for the State under
subsection (c); bears to
[(ii) the total base apportionments
for all States under subsection (c).
[(D) Metropolitan planning.--Of the amount
set aside under this paragraph for a State, the
Secretary shall use to carry out section 134 an
amount determined by multiplying the set-aside
amount by the proportion that--
[(i) the amount apportioned to the
State to carry out section 134 for
fiscal year 2009; bears to
[(ii) the total amount of funds
apportioned to the State for that
fiscal year for the programs referred
to in section 105(a)(2) (except for the
high priority projects program referred
to in section 105(a)(2)(H)), as in
effect on the day before the date of
enactment of MAP-21 (Public Law 112-
141; 126 Stat. 405).
[(6) Metropolitan planning.--To carry out section
134, an amount determined by multiplying the amount of
the base apportionment remaining for a State under
subsection (c) after making the set aside in accordance
with paragraph (5) by the proportion that--
[(A) the amount apportioned to the State to
carry out section 134 for fiscal year 2009;
bears to
[(B) the total amount of funds apportioned to
the State for that fiscal year for the programs
referred to in section 105(a)(2) (except for
the high priority projects program referred to
in section 105(a)(2)(H)), as in effect on the
day before the date of enactment of the MAP-21.
[(c) Calculation of Amounts.--
[(1) State share.--For each of fiscal years 2016
through 2020, 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) each of--
[(I) the base apportionment;
[(II) supplemental funds
reserved under subsection
(h)(1) for the national highway
performance program; and
[(III) supplemental funds
reserved under subsection
(h)(2) for the surface
transportation block grant
program; 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 2015;
bears to
[(II) the amount of those
apportionments received by all
States for that fiscal year.
[(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 2016 through 2020, the Secretary shall apportion
the sums authorized to be appropriated for expenditure
on the national highway performance program under
section 119, the surface transportation block grant
program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under
section 149, the national highway freight program under
section 167, and to carry out section 134 in accordance
with paragraph (1).]
(b) Division Among Programs of State's Share of Base
Apportionment.--The Secretary shall distribute the amount of
the base apportionment 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), (7), and (10).
(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount
remaining after distributing amounts under paragraphs
(4), (6), (7), and (10).
(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), (7), and (10).
(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
2023;
(ii) $2,964,919,535 for fiscal year
2024;
(iii) $3,024,217,926 for fiscal year
2025; and
(iv) $3,078,653,849 for fiscal year
2026.
(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), (7), and (10).
(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
2023;
(ii) $516,381,250 for fiscal year
2024;
(iii) $526,708,875 for fiscal year
2025; and
(iv) $536,189,635 for fiscal year
2026.
(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 2023
through 2026.
(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) Predisaster mitigation program.--For the
predisaster mitigation program, 2.96 percent of the
amount remaining after distributing amounts under
paragraphs (4), (6), (7), and (10).
(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), (7), and (10).
(10) Clean corridors.--
(A) In general.--For the clean corridors
program, an amount determined for the State
under subparagraphs (B) and (C).
(B) Total amount.--The total amount for the
clean corridors program for all States shall be
$1,000,000,000 for each of fiscal years 2023
through 2026.
(C) State share.--For each fiscal year, the
Secretary shall distribute among the States the
total amount for the clean corridors program
under subparagraph (B) so that each State
receives the amount equal to the proportion
that--
(i) the total base apportionment
determined for the State under
subsection (c); bears to
(ii) the total base apportionments
for all States under subsection (c).
(c) Calculation of Amounts.--
(1) State share.--For each of fiscal years 2023
through 2026, 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) each of--
(I) the base apportionment;
and
(II) supplemental funds
reserved under subsection
(h)(1) for the highway safety
improvement program; 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 2023 through 2026, the Secretary shall apportion
the sums authorized to be appropriated for expenditure
on the covered programs in accordance with paragraph
(1).
(d) Metropolitan Planning.--
(1) Use of amounts.--
(A) Use.--
(i) In general.--Except as provided
in clause (ii), the amounts apportioned
to a State under [paragraphs (5)(D) and
(6) of subsection (b)] subsection
(b)(6) shall be made available by the
State to the metropolitan planning
organizations responsible for carrying
out section 134 in the State.
(ii) States receiving minimum
apportionment.--A State that received
the minimum apportionment for use in
carrying out section 134 for fiscal
year 2009 may, subject to the approval
of the Secretary, use the funds
apportioned under [paragraphs (5)(D)
and (6) of subsection (b)] subsection
(b)(6) to fund transportation planning
outside of urbanized areas.
(B) Unused funds.--Any funds that are not
used to carry out section 134 may be made
available by a metropolitan planning
organization to the State to fund activities
under section 135.
(2) Distribution of amounts within states.--
(A) In general.--The distribution within any
State of the planning funds made available to
organizations under paragraph (1) shall be in
accordance with a formula that--
(i) is developed by each State and
approved by the Secretary; and
(ii) takes into consideration, at a
minimum, population, status of
planning, attainment of air quality
standards, metropolitan area
transportation needs, and other factors
necessary to provide for an appropriate
distribution of funds to carry out
section 134 and other applicable
requirements of Federal law.
(B) Reimbursement.--Not later than 15
business days after the date of receipt by a
State of a request for reimbursement of
expenditures made by a metropolitan planning
organization for carrying out section 134, the
State shall reimburse, from amounts distributed
under this paragraph to the metropolitan
planning organization by the State, the
metropolitan planning organization for those
expenditures.
(3) Determination of population figures.--For the
purpose of determining population figures under this
subsection, the Secretary shall use the latest
available data from the decennial census conducted
under section 141(a) of title 13, United States Code.
(e) Certification of Apportionments.--
(1) In general.--The Secretary shall--
(A) on October 1 of each fiscal year, certify
to each of the State transportation departments
the amount that has been apportioned to the
State under this section for the fiscal year;
and
(B) to permit the States to develop adequate
plans for the use of amounts apportioned under
this section, advise each State of the amount
that will be apportioned to the State under
this section for a fiscal year not later than
90 days before the beginning of the fiscal year
for which the sums to be apportioned are
authorized.
(2) Notice to states.--If the Secretary has not made
an apportionment under this section for a fiscal year
beginning after September 30, 1998, by not later than
the date that is the twenty-first day of that fiscal
year, the Secretary shall submit, by not later than
that date, to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate, a written statement of the reason for not
making the apportionment in a timely manner.
(3) Apportionment calculations.--
(A) In general.--The calculation of official
apportionments of funds to the States under
this title is a primary responsibility of the
Department and shall be carried out only by
employees (and not contractors) of the
Department.
(B) Prohibition on use of funds to hire
contractors.--None of the funds made available
under this title shall be used to hire
contractors to calculate the apportionments of
funds to States.
(f) Transfer of Highway and Transit Funds.--
(1) Transfer of highway funds for transit projects.--
(A) In general.--Subject to subparagraph (B),
amounts made available for transit projects or
transportation planning under this title may be
transferred to and administered by the
Secretary in accordance with chapter 53 of
title 49.
(B) Non-federal share.--The provisions of
this title relating to the non-Federal share
shall apply to the amounts transferred under
subparagraph (A).
(2) Transfer of transit funds for highway projects.--
(A) In general.--Subject to subparagraph (B),
amounts made available for highway projects or
transportation planning under chapter 53 of
title 49 may be transferred to and administered
by the Secretary in accordance with this title.
(B) Non-federal share.--The provisions of
chapter 53 of title 49 relating to the non-
Federal share shall apply to amounts
transferred under subparagraph (A).
(3) Transfer of funds among states or to [federal
highway administration] an operating administration of
the department of transportation.--
(A) In general.--Subject to subparagraph (B),
the Secretary may, at the request of a State,
transfer amounts apportioned or allocated under
this title to the State to another State, or to
[the Federal Highway Administration] an
operating administration of the Department of
Transportation, for the purpose of funding 1 or
more projects that are eligible for assistance
with amounts so apportioned or allocated.
(B) Apportionment.--The transfer shall have
no effect on any apportionment of amounts to a
State under this section.
(C) Funds suballocated to urbanized areas.--
Amounts that are apportioned or allocated to a
State under subsection (b)(3) (as in effect on
the day before the date of enactment of the
MAP-21) or subsection (b)(2) and attributed to
an urbanized area of a State with a population
of more than 200,000 individuals under section
133(d) may be transferred under this paragraph
only if the metropolitan planning organization
designated for the area concurs, in writing,
with the transfer request.
(4) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection
shall be transferred in the same manner and amount as
the amounts for the projects that are transferred under
this section.
[(g) Highway Trust Fund Transparency and Accountability
Reports.--
[(1) Compilation of data.--Not later than 180 days
after the date of enactment of the FAST Act, the
Secretary shall compile data in accordance with this
subsection on the use of Federal-aid highway funds made
available under this title.
[(2) Requirements.--The Secretary shall ensure that
the reports required under this subsection are made
available in a user-friendly manner on the public
Internet website of the Department of Transportation
and can be searched and downloaded by users of the
website.
[(3) Contents of reports.--
[(A) Apportioned and allocated programs.--On
a semiannual basis, the Secretary shall make
available a report on funding apportioned and
allocated to the States under this title that
describes--
[(i) the amount of funding obligated
by each State, year-to-date, for the
current fiscal year;
[(ii) the amount of funds remaining
available for obligation by each State;
[(iii) changes in the obligated,
unexpended balance for each State,
year-to-date, during the current fiscal
year, including the obligated,
unexpended balance at the end of the
preceding fiscal year and current
fiscal year expenditures;
[(iv) the amount and program category
of unobligated funding, year-to-date,
available for expenditure at the
discretion of the Secretary;
[(v) the rates of obligation on and
off the National Highway System, year-
to-date, for the current fiscal year of
funds apportioned, allocated, or set
aside under this section, according
to--
[(I) program;
[(II) funding category or
subcategory;
[(III) type of improvement;
[(IV) State; and
[(V) sub-State geographical
area, including urbanized and
rural areas, on the basis of
the population of each such
area; and
[(vi) the amount of funds transferred
by each State, year-to-date, for the
current fiscal year between programs
under section 126.
[(B) Project data.--On an annual basis, the
Secretary shall make available a report that
provides, for any project funded under this
title (excluding projects for which funds are
transferred to agencies other than the Federal
Highway Administration) with an estimated total
cost as of the start of construction greater
than $25,000,000, and to the maximum extent
practicable, other projects funded under this
title, project data describing--
[(i) the specific location of the
project;
[(ii) the total cost of the project;
[(iii) the amount of Federal funding
obligated for the project;
[(iv) the program or programs from
which Federal funds have been obligated
for the project;
[(v) the type of improvement being
made, such as categorizing the 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;
[(vi) the ownership of the highway or
bridge;
[(vii) whether the 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; and
[(viii) available information on the
estimated cost of the 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.
[(h) Supplemental Funds.--
[(1) Supplemental funds for national highway
performance program.--
[(A) Amount.--Before making an apportionment
for a fiscal year under subsection (c), the
Secretary shall reserve for the national
highway performance program under section 119
for that fiscal year an amount equal to--
[(i) $53,596,122 for fiscal year
2019; and
[(ii) $66,717,816 for fiscal year
2020.
[(B) Treatment of funds.--Funds reserved
under subparagraph (A) and apportioned to a
State under subsection (c) shall be treated as
if apportioned under subsection (b)(1), and
shall be in addition to amounts apportioned
under that subsection.
[(2) Supplemental funds for surface transportation
block grant program.--
[(A) Amount.--Before making an apportionment
for a fiscal year under subsection (c), the
Secretary shall reserve for the surface
transportation block grant program under
section 133 for that fiscal year an amount
equal to--
[(i) $835,000,000 for each of fiscal
years 2016 and 2017 pursuant to section
133(h), plus--
[(I) $55,426,310 for fiscal
year 2016; and
[(II) $89,289,904 for fiscal
year 2017; and
[(ii) $850,000,000 for each of fiscal
years 2018 through 2020 pursuant to
section 133(h), plus--
[(I) $118,013,536 for fiscal
year 2018;
[(II) $130,688,367 for fiscal
year 2019; and
[(III) $170,053,448 for
fiscal year 2020.
[(B) Treatment of funds.--Funds reserved
under subparagraph (A) and apportioned to a
State under subsection (c) shall be treated as
if apportioned under subsection (b)(2), and
shall be in addition to amounts apportioned
under that subsection.
[(i) Base Apportionment Defined.--In this section, the term
``base apportionment'' means--
[(1) the combined amount authorized for appropriation
for the national highway performance program under
section 119, the surface transportation block grant
program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under
section 149, the national highway freight program under
section 167, and to carry out section 134; minus
[(2) supplemental funds reserved under subsection (h)
for the national highway performance program and the
surface transportation block grant program.]
(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
200,001 individuals; or
(IV) greater than 200,000
individuals;
(vi) whether such project is located
in an area of persistent poverty;
(vii) 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; and
(viii) the functional classification
of the roadway on which such project is
located.
(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 be
updated annually to 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, including
prior unobligated balances, at the
start of the fiscal year;
(ii) the amount of funding obligated
by the State during such fiscal year;
(iii) the amount of funding remaining
available for obligation by the State
at the end of such fiscal year; and
(iv) 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.
(h) Supplemental Funds.--
(1) Amount.--Before making an apportionment for a
fiscal year under subsection (c), the Secretary shall
reserve for the highway safety improvement program
under section 148 $500,000,000 for each of fiscal years
2023 through 2026 for the purpose of the safe streets
set-aside under section 148(m).
(2) Treatment of funds.--Funds reserved under
paragraph (1) and apportioned to a State under
subsection (c) shall be treated as if apportioned under
subsection (b)(3), and shall be in addition to amounts
apportioned under such subsection.
(i) Definitions.--In this section:
(1) Base apportionment.--The term ``base
apportionment'' means--
(A) the combined amount authorized for the
covered programs; minus
(B) the supplemental funds reserved under
subsection (h) for the highway safety
improvement program.
(2) Covered programs.--The term ``covered programs''
means--
(A) the national highway performance program
under section 119;
(B) the surface transportation program under
section 133;
(C) the highway safety improvement program
under section 148;
(D) the congestion mitigation and air quality
improvement program under section 149;
(E) the national highway freight program
under section 167;
(F) metropolitan planning under section 134;
(G) the railway crossings program under
section 130;
(H) the predisaster mitigation program under
section 124;
(I) the carbon pollution reduction program
under section 171; and
(J) the clean corridors program under section
151.
Sec. 105. Additional deposits into Highway Trust Fund
(a) In General.--If monies are deposited into the Highway
Account or Mass Transit Account pursuant to a law enacted
subsequent to the date of enactment of the [FAST Act] INVEST in
America Act, the Secretary shall make available additional
amounts of contract authority under subsections (b) and (c).
(b) Amount of Adjustment.--If monies are deposited into the
Highway Account or the Mass Transit Account as described in
subsection (a), on October 1 of the fiscal year following the
deposit of such monies, the Secretary shall--
(1) make available for programs authorized from such
account for such fiscal year a total amount equal to--
(A) the amount otherwise authorized to be
appropriated for such programs for such fiscal
year; plus
(B) an amount equal to such monies deposited
into such account during the previous fiscal
year as described in subsection (a); and
(2) distribute the additional amount under paragraph
(1)(B) to each of such programs in accordance with
subsection (c).
(c) Distribution of Adjustment Among Programs.--
(1) In general.--In making an adjustment for programs
authorized to be appropriated from the Highway Account
or the Mass Transit Account for a fiscal year under
subsection (b), the Secretary shall--
(A) determine the ratio that--
(i) the amount authorized [to be
appropriated] for a program 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;
(B) multiply the ratio determined under
subparagraph (A) by the amount of the
adjustment determined under subsection
(b)(1)(B); and
(C) adjust the amount that the Secretary
would otherwise have allocated for the program
for such fiscal year by the amount calculated
under subparagraph (B).
(2) Formula programs.--For a program for which funds
are distributed by formula, the Secretary shall add the
adjustment to the amount authorized for the program but
for this section and make available the adjusted
program amount for such program in accordance with such
formula.
(3) Availability for obligation.--Adjusted amounts
under this subsection shall be available for obligation
and administered in the same manner as other amounts
made available for the program for which the amount is
adjusted.
(4) Special rule.--
(A) Adjustment.--In making an adjustment
under 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, the United States Forest
Service, the Corps of Engineers, the
Bureau of Land Management, the Bureau
of Reclamation, and independent Federal
agencies with natural resource and land
management responsibilities;
(ii) the amount made available for
the Puerto Rico highway program under
section 165(a)(1);
(iii) the amount made available for
the territorial highway program under
section 165(a)(2);
(iv) from the amounts made available
for a fiscal year for the urbanized
areas formula grants under section 5307
of title 49, the amounts allocated for
a fiscal year for the passenger ferry
grant program under section 5307(h) of
such title;
(v) from the amounts made available
for a fiscal year for the formula
grants for rural areas under section
5311 of such title, the amounts
allocated for a fiscal year for public
transportation on Indian reservations;
(vi) from the amounts made available
for a fiscal year for the public
transportation innovation program under
section 5312 of such title--
(I) the amounts allocated for
the zero emission vehicle
component assessment under
section 5312(h) of such title;
and
(II) the amounts allocated
for the transit cooperative
research program under section
5312(i) of such title;
(vii) from the amounts made available
for a fiscal year for the technical
assistance and workforce development
program of section 5314 of such title,
the amounts allocated for the national
transit institute under section 5314(c)
of such title;
(viii) from the amounts made
available for a fiscal year for the bus
and bus facilities program under
section 5339 of such title, the amounts
allocated for a fiscal year for the
zero emission grants under section
5339(c) of such title;
(ix) the amounts made available for
growing States under section 5340(c) of
such title; and
(x) the amounts made available for
high density states under section
5340(d) of such title.
(d) Exclusion of Emergency Relief Program and Covered
Administrative Expenses.--The Secretary shall exclude the
emergency relief program under section 125 and section 5324 of
title 49 and covered administrative expenses from an adjustment
of funding under subsection (c)(1).
(e) Authorization of Appropriations.--[There is authorized]
For fiscal year 2023 and each fiscal year thereafter, there is
authorized to be appropriated from the appropriate account or
accounts of the Highway Trust Fund an amount equal to the
amount of an adjustment for a fiscal year under subsection (b)
[for any of fiscal years 2017 through 2020].
(f) Revision to Obligation Limitations.--
(1) In general.--If the Secretary makes an adjustment
under subsection (b) for a fiscal year to an amount
subject to a limitation on obligations imposed by
[section 1102 or 3018 of the FAST Act] any other
provision of law--
(A) such limitation on obligations for such
fiscal year shall be revised by an amount equal
to such adjustment; and
(B) the Secretary shall distribute such
limitation on obligations, as revised under
subparagraph (A), in accordance with such
sections.
(2) Exclusion of covered administrative expenses.--
The Secretary shall exclude covered administrative
expenses from--
(A) any calculation relating to a revision of
a limitation on obligations under paragraph
(1)(A); and
(B) any distribution of a revised limitation
on obligations under paragraph (1)(B).
(g) Definitions.--In this section, the following definitions
apply:
(1) Covered administrative expenses.--The term
``covered administrative expenses'' means the
administrative expenses of--
(A) the Federal Highway Administration, as
authorized under section 104(a);
(B) the National Highway Traffic Safety
Administration, as authorized under section
4001(a)(6) of the FAST Act; and
(C) the Federal Motor Carrier Safety
Administration, as authorized under section
31110 of title 49.
(2) Highway account.--The term ``Highway Account''
means the portion of the Highway Trust Fund that is not
the Mass Transit Account.
(3) Mass transit account.--The term ``Mass Transit
Account'' means the Mass Transit Account of the Highway
Trust Fund established under section 9503(e)(1) of the
Internal Revenue Code of 1986.
Sec. 106. Project approval and oversight
(a) In General.--
(1) Submission of plans, specifications, and
estimates.--Except as otherwise provided in this
section, each State transportation department shall
submit to the Secretary for approval such plans,
specifications, and estimates for each proposed project
as the Secretary may require.
(2) Project agreement.--The Secretary shall act on
the plans, specifications, and estimates as soon as
practicable after the date of their submission and
shall enter into a formal project agreement with the
State transportation department recipient formalizing
the conditions of the project approval.
(3) Contractual obligation.--The execution of the
project agreement shall be deemed a contractual
obligation of the Federal Government for the payment of
the Federal share of the cost of the project.
(4) Guidance.--In taking action under this
subsection, the Secretary shall be guided by section
109.
(b) Project Agreement.--
(1) Provision of state funds.--The project agreement
shall make provision for State funds required to pay
the State's non-Federal share of the cost of
construction of the project (including payments made
pursuant to a long-term concession agreement, such as
availability payments) and to pay for maintenance of
the project after completion of construction.
(2) Representations of state.--If a part of the
project is to be constructed at the expense of, or in
cooperation with, political subdivisions of the State,
the Secretary may rely on representations made by the
State transportation department with respect to the
arrangements or agreements made by the State
transportation department and appropriate local
officials for ensuring that the non-Federal
contribution will be provided under paragraph (1).
(c) Assumption by States of Responsibilities of the
Secretary.--
(1) NHS projects.--For projects under this title that
are on the National Highway System, including projects
on the Interstate System, the State may assume the
responsibilities of the Secretary under this title for
design, plans, specifications, estimates, contract
awards, and inspections with respect to the projects
unless the Secretary determines that the assumption is
not appropriate.
(2) Non-nhs projects.--For projects under this title
that are not on the National Highway System, the State
shall assume the responsibilities of the Secretary
under this title for design, plans, specifications,
estimates, contract awards, and inspection of projects,
unless the State determines that such assumption is not
appropriate.
(3) Agreement.--The Secretary and the State shall
enter into an agreement relating to the extent to which
the State assumes the responsibilities of the Secretary
under this subsection.
(4) Limitation on interstate projects.--
(A) In general.--The Secretary shall not
assign any responsibilities to a State for
projects the Secretary determines to be in a
high risk category, as defined under
subparagraph (B).
(B) High risk categories.--The Secretary may
define the high risk categories under this
subparagraph on a national basis, a State-by-
State basis, or a national and State-by-State
basis, as determined to be appropriate by the
Secretary.
(d) Responsibilities of the Secretary.--Nothing in this
section, section 133, or section 149 shall affect or discharge
any responsibility or obligation of the Secretary under--
(1) section 113 or 114; or
(2) any Federal law other than this title (including
section 5333 of title 49).
(e) Value Engineering Analysis.--
(1) Definition of value engineering analysis.--
(A) In general.--In this subsection, the term
``value engineering analysis'' means a
systematic process of review and analysis of a
project, during the planning and design phases,
by a multidisciplinary team of persons not
involved in the project, that is conducted to
provide recommendations such as those described
in subparagraph (B) for--
(i) providing the needed functions
safely, reliably, and at the lowest
overall lifecycle cost;
(ii) improving the value and quality
of the project; and
(iii) reducing the time to complete
the project.
(B) Inclusions.--The recommendations referred
to in subparagraph (A) include, with respect to
a project--
(i) combining or eliminating
otherwise inefficient use of costly
parts of the original proposed design
for the project; and
(ii) completely redesigning the
project using different technologies,
materials, or methods so as to
accomplish the original purpose of the
project.
(2) Analysis.--The State shall provide a value
engineering analysis for--
(A) each project on the National Highway
System receiving Federal assistance with an
estimated total cost of $50,000,000 or more;
(B) a bridge project on the National Highway
System receiving Federal assistance with an
estimated total cost of $40,000,000 or more;
and
(C) any other project the Secretary
determines to be appropriate.
(3) Major projects.--The Secretary may require more
than 1 analysis described in paragraph (2) for a major
project described in subsection (h).
(4) Requirements.--
(A) Value engineering program.--The State
shall develop and carry out a value engineering
program that--
(i) establishes and documents value
engineering program policies and
procedures;
(ii) ensures that the required value
engineering analysis is conducted
before completing the final design of a
project;
(iii) ensures that the value
engineering analysis that is conducted,
and the recommendations developed and
implemented for each project, are
documented in a final value engineering
report; and
(iv) monitors, evaluates, and
annually submits to the Secretary a
report that describes the results of
the value analyses that are conducted
and the recommendations implemented for
each of the projects described in
paragraph (2) that are completed in the
State.
(B) Bridge projects.--The value engineering
analysis for a bridge project under paragraph
(2) shall--
(i) include bridge superstructure and
substructure requirements based on
construction material; and
(ii) be evaluated by the State--
(I) on engineering and
economic bases, taking into
consideration acceptable
designs for bridges; and
(II) using an analysis of
lifecycle costs and duration of
project construction.
(5) Design-build projects.--A requirement to provide
a value engineering analysis under this subsection
shall not apply to a project delivered using the
design-build method of construction.
(f) Life-Cycle Cost Analysis.--
(1) Use of life-cycle cost analysis.--The Secretary
shall develop recommendations for the States to conduct
life-cycle cost analyses. The recommendations shall be
based on the principles contained in section 2 of
Executive Order No. 12893 and shall be developed in
consultation with the American Association of State
Highway and Transportation Officials. The Secretary
shall not require a State to conduct a life-cycle cost
analysis for any project as a result of the
recommendations required under this subsection.
(2) Life-cycle cost analysis defined.--In this
subsection, the term ``life-cycle cost analysis'' means
a process for evaluating the total economic worth of a
usable project segment by analyzing initial costs and
discounted future costs, such as maintenance, user
costs, reconstruction, rehabilitation, restoring, and
resurfacing costs, over the life of the project
segment.
(g) Oversight Program.--
(1) Establishment.--
(A) In general.--The Secretary shall
establish an oversight program to monitor the
effective and efficient use of funds authorized
to carry out this title.
(B) Minimum requirement.--At a minimum, the
program shall be responsive to all areas
relating to financial integrity and project
delivery.
(2) Financial integrity.--
(A) Financial management systems.--The
Secretary shall perform annual reviews that
address elements of the State transportation
departments' financial management systems that
affect projects approved under subsection (a).
(B) Project costs.--The Secretary shall
develop minimum standards for estimating
project costs and shall periodically evaluate
the practices of States for estimating project
costs, awarding contracts, and reducing project
costs.
(3) Project delivery.--The Secretary shall perform
annual reviews that address elements of the project
delivery system of a State, which elements include one
or more activities that are involved in the life cycle
of a project from conception to completion of the
project.
(4) Responsibility of the states.--
(A) In general.--The States shall be
responsible for determining that subrecipients
of Federal funds under this title have--
(i) adequate project delivery systems
for projects approved under this
section; and
(ii) sufficient accounting controls
to properly manage such Federal funds.
[(B) Periodic review.--The Secretary shall
periodically review the monitoring of
subrecipients by the States.]
(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.
(5) Specific oversight responsibilities.--
(A) Effect of section.--Nothing in this
section shall affect or discharge any oversight
responsibility of the Secretary specifically
provided for under this title or other Federal
law.
(B) Appalachian development highways.--The
Secretary shall retain full oversight
responsibilities for the design and
construction of all Appalachian development
highways under section 14501 of title 40.
(6) Federal funding exchange programs.--
(A) In general.--If a State allows a
subrecipient to exchange Federal funds provided
under this title that are allocated to such
subrecipient for State or local funds, the
State must certify to the Secretary that the
State--
(i) has prevailing wage requirements
that are comparable to the requirements
under section 113 that apply to the use
of such State or local funds; and
(ii) shall ensure that the prevailing
wage requirements described in clause
(i) apply to the use of such State or
local funds.
(B) Applicability.--The requirements of this
paragraph shall apply only if the requirements
of section 113 would be applicable to a covered
project if such project was carried out using
Federal funds.
(C) Covered project defined.--In this
paragraph, the term ``covered project'' means a
project carried out with exchanged State or
local funds as described in subparagraph (A).
(h) Major Projects.--
(1) In general.--Notwithstanding any other provision
of this section, a recipient of Federal financial
assistance for a project under this title with an
estimated total cost of $500,000,000 or more, and
recipients for such other projects as may be identified
by the Secretary, shall submit to the Secretary for
each project--
(A) a project management plan; and
(B) an annual financial plan, including a
phasing plan when applicable.
(2) Project management plan.--A project management
plan shall document--
(A) the procedures and processes that are in
effect to provide timely information to the
project decisionmakers to effectively manage
the scope, costs, schedules, and quality of,
and the Federal requirements applicable to, the
project; and
(B) the role of the agency leadership and
management team in the delivery of the project.
(3) Financial plan.--A financial plan--
(A) shall be based on detailed estimates of
the cost to complete the project;
(B) shall provide for the annual submission
of updates to the Secretary that are based on
reasonable assumptions[, as determined by the
Secretary,] of future increases in the cost to
complete the project;
(C) may include a phasing plan that
identifies fundable incremental improvements or
phases that will address the purpose and the
need of the project in the short term in the
event there are insufficient financial
resources to complete the entire project. If a
phasing plan is adopted for a project pursuant
to this section, the project shall be deemed to
satisfy the fiscal constraint requirements in
the statewide and metropolitan planning
requirements in sections 134 and 135; and
(D) [shall assess] 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 the appropriateness of a public-
private partnership to deliver the project.
(i) Other Projects.--A recipient of Federal financial
assistance for a project under this title with an estimated
total cost of $100,000,000 or more that is not covered by
subsection (h) shall prepare an annual financial plan. Annual
financial plans prepared under this subsection shall be made
available to the Secretary for review upon the request of the
Secretary.
(j) Use of Advanced Modeling Technologies.--
(1) Definition of advanced modeling technology.--In
this subsection, the term ``advanced modeling
technology'' means an available or developing
technology, including 3-dimensional digital modeling,
that can--
(A) accelerate and improve the environmental
review process;
(B) increase effective public participation;
(C) enhance the detail and accuracy of
project designs;
(D) increase safety;
(E) accelerate construction, and reduce
construction costs; or
(F) otherwise expedite project delivery with
respect to transportation projects that receive
Federal funding.
(2) Program.--With respect to transportation projects
that receive Federal funding, the Secretary shall
encourage the use of advanced modeling technologies
during environmental, planning, financial management,
design, simulation, and construction processes of the
projects.
(3) Activities.--In carrying out paragraph (2), the
Secretary shall--
(A) compile information relating to advanced
modeling technologies, including industry best
practices with respect to the use of the
technologies;
(B) disseminate to States information
relating to advanced modeling technologies,
including industry best practices with respect
to the use of the technologies; and
(C) promote the use of advanced modeling
technologies.
(4) Comprehensive plan.--The Secretary shall develop
and publish on the public website of the Department of
Transportation a detailed and comprehensive plan for
the implementation of paragraph (2).
(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). The Secretary
shall redact confidential business information, as
necessary, from any such information published.
(2) Notification.--Not later than 3 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 a
description of the proposed experiment to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate.
(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, if any,
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 15 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 project 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) Federal lands and tribal major projects
grants under section 208.
(C) Mobility through advanced technologies
grants under section 503(c)(4).
(D) Rebuild rural bridges program under
section 1307 of the INVEST in America Act.
(E) Parking for commercial motor vehicle
grants under section 1308 of the INVEST in
America Act.
(F) Active connected transportation grants
under section 1309 of the INVEST in America
Act.
(G) Wildlife crossings grants under section
1310 of the INVEST in America Act.
(H) Reconnecting neighborhoods capital
construction grants under section 1311(d) of
the INVEST in America Act.
Sec. 107. Acquisition of rights-of-way--Interstate System
(a) In any case in which the Secretary is requested by a
State to acquire lands or interests in lands (including within
the term ``interests in lands'', the control of access thereto
from adjoining lands) required by such State for right-of-way
or other purposes in connection with the prosecution of any
project for the construction, reconstruction, or improvement of
any section of the Interstate System, the Secretary is
authorized, in the name of the United States and prior to the
approval of title by the Attorney General, to acquire, enter
upon, and take possession of such lands or interests in lands
by purchase, donation, condemnation, or otherwise in accordance
with the laws of the United States (including sections 3114 to
3116 and 3118 of title 40), if--
(1) the Secretary has determined either that the
State is unable to acquire necessary lands or interests
in lands, or is unable to acquire such lands or
interests in lands with sufficient promptness; and
(2) the State has agreed with the Secretary to pay,
at such time as may be specified by the Secretary an
amount equal to 10 per centum of the costs incurred by
the Secretary, in acquiring such lands or interests in
lands, or such lesser percentage which represents the
State's pro rata share of project costs as determined
in accordance with [subsection (c) of] section 120 of
this title.
The authority granted by this section shall also apply to lands
and interests in lands received as grants of land from the
United States and owned or held by railroads or other
corporations.
(b) The costs incurred by the Secretary in acquiring any such
lands or interests in lands may include the cost of examination
and abstract of title, certificate of title, advertising, and
any fees incidental to such acquisition. All costs incurred by
the Secretary in connection with the acquisition of any such
lands or interests in lands shall be paid from the funds for
construction, reconstruction, or improvement of the Interstate
System apportioned to the State upon the request of which such
lands or interests in lands are acquired, and any sums paid to
the Secretary by such State as its share of the costs of
acquisition of such lands or interests in lands shall be
deposited in the Treasury to the credit of the appropriation
for Federal-aid highways and shall be credited to the amount
apportioned to such State as its apportionment of funds for
construction, reconstruction, or improvement of the Interstate
System, or shall be deducted from other moneys due the State
for reimbursement from funds authorized to be appropriated
under section 108(b) of the Federal-Aid Highway Act of 1956.
(c) The Secretary is further authorized and directed by
proper deed, executed in the name of the United States, to
convey any such lands or interests in lands acquired in any
State under the provisions of this section, except the outside
five feet of any such right-of-way in any State which does not
provide control of access, to the State transportation
department of such State or such political subdivision thereof
as its laws may provide, upon such terms and conditions as to
such lands or interests in lands as may be agreed upon by the
Secretary and the State transportation department or political
subdivisions to which the conveyance is to be made. Whenever
the State makes provision for control of access satisfactory to
the Secretary, the outside five feet then shall be conveyed to
the State by the Secretary, as herein provided.
(d) Whenever rights-of-way, including control of access, on
the Interstate System are required over lands or interests in
lands owned by the United States, the Secretary may make such
arrangements with the agency having jurisdiction over such
lands as may be necessary to give the State or other person
constructing the projects on such lands adequate rights-of-way
and control of access thereto from adjoining lands, and any
such agency is directed to cooperate with the Secretary in this
connection.
Sec. 108. Advance acquisition of real property
(a) In General.--
(1) Availability of funds.--For the purpose of
facilitating the timely and economical acquisition of
real property interests for a transportation
improvement eligible for funding under this title, the
Secretary, upon the request of a State, may make
available, for the acquisition of real property
interests, such funds apportioned to the State as may
be expended on the transportation improvement, under
such rules and regulations as the Secretary may issue.
(2) Construction.--The agreement between the
Secretary and the State for the reimbursement of the
cost of the real property interests shall provide for
the actual construction of the transportation
improvement within a period not to exceed 20 years
following the fiscal year for which the request is
made, unless the Secretary determines that a longer
period is reasonable.
(b) Federal participation in the cost of real property
interests acquired under subsection (a) of this section shall
not exceed the Federal pro rata share applicable to the class
of funds from which Federal reimbursement is made.
(c) State-funded Early Acquisition of Real Property
Interests.--
(1) In general.--A State may carry out, at the
expense of the State, acquisitions of interests in real
property for a project before completion of the review
process required for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) without affecting subsequent approvals required
for the project by the State or any Federal agency.
(2) Eligibility for reimbursement.--Subject to
paragraph (3), funds apportioned to a State under this
title may be used to participate in the payment of--
(A) costs incurred by the State for
acquisition of real property interests,
acquired in advance of any Federal approval or
authorization, if the real property interests
are subsequently incorporated into a project
eligible for surface transportation [block
grant] program funds; and
(B) costs incurred by the State for the
acquisition of land necessary to preserve
environmental and scenic values.
(3) Terms and conditions.--The Federal share payable
of the costs described in paragraph (2) shall be
eligible for reimbursement out of funds apportioned to
a State under this title when the real property
interests acquired are incorporated into a project
eligible for surface transportation [block grant]
program funds, if the State demonstrates to the
Secretary and the Secretary finds that--
(A) any land acquired, and relocation
assistance provided, complied with the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970;
(B) the requirements of title VI of the Civil
Rights Act of 1964 have been complied with;
(C) the State has a mandatory comprehensive
and coordinated land use, environment, and
transportation planning process under State law
and the acquisition is certified by the
Governor as consistent with the State plans
before the acquisition;
(D) the acquisition is determined in advance
by the Governor to be consistent with the State
transportation planning process pursuant to
section 135 of this title;
(E) the alternative for which the real
property interest is acquired is selected by
the State pursuant to regulations to be issued
by the Secretary which provide for the
consideration of the environmental impacts of
various alternatives;
(F) before the time that the cost incurred by
a State is approved for Federal participation,
environmental compliance pursuant to the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been completed for the
project for which the real property interest
was acquired by the State, and the acquisition
has been approved by the Secretary under [this
Act] this title, and in compliance with section
303 of title 49, section 7 of the Endangered
Species Act, and all other applicable
environmental laws shall be identified by the
Secretary in regulations; and
(G) before the time that the cost incurred by
a State is approved for Federal participation,
the Secretary has determined that the property
acquired in advance of Federal approval or
authorization did not influence the
environmental assessment of the project, the
decision relative to the need to construct the
project, or the selection of the project design
or location.
(d) Federally Funded Early Acquisition of Real Property
Interests.--
(1) Definition of acquisition of a real property
interest.--In this subsection, the term ``acquisition
of a real property interest'' includes the acquisition
of--
(A) any interest in land;
(B) a contractual right to acquire any
interest in land; or
(C) any other similar action to acquire or
preserve rights-of-way for a transportation
facility.
(2) Authorization.--The Secretary may authorize the
use of funds apportioned to a State under this title
for the acquisition of a real property interest by a
State.
(3) State certification.--A State requesting Federal
funding for an acquisition of a real property interest
shall certify in writing, with concurrence by the
Secretary, that--
(A) the State has authority to acquire the
real property interest under State law; and
(B) the acquisition of the real property
interest--
(i) is for a transportation purpose;
(ii) will not cause any significant
adverse environmental impact;
(iii) will not limit the choice of
reasonable alternatives for the project
or otherwise influence the decision of
the Secretary on any approval required
for the project;
(iv) does not prevent the lead agency
from making an impartial decision as to
whether to accept an alternative that
is being considered in the
environmental review process;
(v) is consistent with the State
transportation planning process under
section 135;
(vi) complies with other applicable
Federal laws (including regulations);
(vii) will be acquired through
negotiation, without the threat of
condemnation; and
(viii) will not result in a reduction
or elimination of benefits or
assistance to a displaced person
required by the Uniform Relocation
Assistance and Real Property
Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.) and title VI of
the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
(4) Environmental compliance.--
(A) In general.--Before authorizing Federal
funding for an acquisition of a real property
interest, the Secretary shall complete the
review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to the acquisition of the real
property interest.
(B) Independent utility.--The acquisition of
a real property interest--
(i) shall be treated as having
independent utility for purposes of the
review process under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(ii) shall not limit consideration of
alternatives for future transportation
improvements with respect to the real
property interest.
(5) Programming.--
(A) In general.--The acquisition of a real
property interest for which Federal funding is
requested shall be included as a project in an
applicable transportation improvement program
under sections 134 and 135 and sections 5303
and 5304 of title 49.
(B) Acquisition project.--The acquisition
project may consist of the acquisition of a
specific parcel, a portion of a transportation
corridor, or an entire transportation corridor.
(6) Development.--Real property interests acquired
under this subsection may not be developed in
anticipation of a project until all required
environmental reviews for the project have been
completed.
(7) Reimbursement.--If Federal-aid reimbursement is
made for real property interests acquired early under
this section and the real property interests are not
subsequently incorporated into a project eligible for
surface transportation funds within the time allowed by
subsection (a)(2), the Secretary shall offset the
amount reimbursed against funds apportioned to the
State.
(8) Other requirements and conditions.--
(A) Applicable law.--The acquisition of a
real property interest shall be carried out in
compliance with all requirements applicable to
the acquisition of real property interests for
federally funded transportation projects.
(B) Additional conditions.--The Secretary may
establish such other conditions or restrictions
on acquisitions under this subsection as the
Secretary determines to be appropriate.
Sec. 109. Standards
(a) In General.--The Secretary shall ensure that the plans
and specifications for each proposed highway project under this
chapter provide for a facility that will--
(1) adequately serve the existing and [planned future
traffic of the highway in a manner that is conducive
to] future operational performance of the facility in a
manner that enhances safety, durability, and economy of
maintenance; and
(2) be designed and constructed in accordance with
criteria best suited to accomplish the objectives
described in paragraph (1) and to conform to the
particular needs of each locality, taking into
consideration context sensitive design principles.
(b) [The geometric] Design Criteria for the Interstate
System._The geometric and construction standards to be adopted
for the Interstate System shall be those approved by the
Secretary in cooperation with the State transportation
departments. Such standards, as applied to each actual
construction project, shall be adequate to enable such project
to accommodate [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] the existing and future
operational performance of the facility. Such standards shall
in all cases provide for at least four lanes of traffic. The
right-of-way width of the Interstate System shall be adequate
to permit construction of projects on the Interstate System to
such standards. The Secretary shall apply such standards
uniformly throughout all the States.
(c) Design Criteria for National Highway System.--
(1) In general.--A design for new construction,
reconstruction, resurfacing (except for maintenance
resurfacing), restoration, or rehabilitation of a
highway on the National Highway System (other than a
highway also on the Interstate System) shall consider,
in addition to the criteria described in subsection
(a)--
(A) the constructed and natural environment
of the area;
(B) the environmental, scenic, aesthetic,
historic, community, and preservation impacts
of the activity;
(C) cost savings by utilizing flexibility
that exists in current design guidance and
regulations[; and];
(D) access for other modes of
transportation[.]; and
(E) context sensitive design principles.
(2) Development of criteria.--The Secretary, in
cooperation with State transportation departments, may
develop criteria to implement paragraph (1). In
developing criteria under this paragraph, the Secretary
shall consider--
(A) the results of the committee process of
the American Association of State Highway and
Transportation Officials as used in adopting
and publishing ``A Policy on Geometric Design
of Highways and Streets'', including comments
submitted by interested parties as part of such
process;
(B) the publication entitled ``Flexibility in
Highway Design'' of the Federal Highway
Administration;
(C) ``Eight Characteristics of Process to
Yield Excellence and the Seven Qualities of
Excellence in Transportation Design'' developed
by the conference held during 1998 entitled
``Thinking Beyond the Pavement National
Workshop on Integrating Highway Development
with Communities and the Environment while
Maintaining Safety and Performance'';
(D) the publication entitled ``Highway Safety
Manual'' of the American Association of State
Highway and Transportation Officials;
(E) the publication entitled ``Urban Street
Design Guide'' of the National Association of
City Transportation Officials; and
(F) any other material that the Secretary
determines to be appropriate.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December
20, 1944, the location, form and character of informational,
regulatory and warning signs, curb and pavement or other
markings, and traffic signals installed or placed by any public
authority or other agency, shall be subject to the approval of
the State transportation department with the concurrence of the
Secretary, who is directed to concur only in such installations
as will promote the safe and efficient utilization of the
highways.
(e) Installation of Safety Devices.--
(1) Highway and railroad grade crossings and
drawbridges.--No funds shall be approved for
expenditure on any Federal-aid highway, or highway
affected under chapter 2 of this title, unless proper
safety protective devices complying with safety
standards determined by the Secretary at that time as
being adequate shall be installed or be in operation at
any highway and railroad grade crossing or drawbridge
on that portion of the highway with respect to which
such expenditures are to be made.
(2) Temporary traffic control devices.--No funds
shall be approved for expenditure on any Federal-aid
highway, or highway affected under chapter 2, unless
proper temporary traffic control devices to improve
safety in work zones will be installed and maintained
during construction, utility, and maintenance
operations on that portion of the highway with respect
to which such expenditures are to be made. Installation
and maintenance of the devices shall be in accordance
with the Manual on Uniform Traffic Control Devices.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to
acquire title to, or control of, any marginal land along the
proposed highway in addition to that reasonably necessary for
road surfaces, median strips, bikeways, pedestrian walkways,
gutters, ditches, and side slopes, and of sufficient width to
provide service roads for adjacent property to permit safe
access at controlled locations in order to expedite traffic,
promote safety, and minimize roadside parking.
(g) Not later than January 30, 1971, the Secretary shall
issue guidelines for minimizing possible soil erosion from
highway construction. Such guidelines shall apply to all
proposed projects with respect to which plans, specifications,
and estimates are approved by the Secretary after the issuance
of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after
consultation with appropriate Federal and State officials,
shall submit to Congress, and not later than 90 days after such
submission, promulgate guidelines designed to assure that
possible adverse economic, social, and environmental effects
relating to any proposed project on any Federal-aid system have
been fully considered in developing such project, and that the
final decisions on the project are made in the best overall
public interest, taking into consideration the need for fast,
safe and efficient transportation, public services, and the
costs of eliminating or minimizing such adverse effects and the
following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural
resources, aesthetic values, community cohesion and the
availability of public facilities and services;
(3) adverse employment effects, and tax and property
value losses;
(4) injurious displacement of people, businesses and
farms; and
(5) disruption of desirable community and regional
growth.
Such guidelines shall apply to all proposed projects with
respect to which plans, specifications, and estimates are
approved by the Secretary after the issuance of such
guidelines.
(i) The Secretary, after consultation with appropriate
Federal, State, and local officials, shall develop and
promulgate standards for highway noise levels compatible with
different land uses and after July 1, 1972, shall not approve
plans and specifications for any proposed project on any
Federal-aid system for which location approval has not yet been
secured unless he determines that such plans and specifications
include adequate measures to implement the appropriate noise
level standards. The Secretary, after consultation with the
Administrator of the Environmental Protection Agency and
appropriate Federal, State, and local officials, may promulgate
standards for the control of highway noise levels for highways
on any Federal-aid system for which project approval has been
secured prior to July 1, 1972. The Secretary may approve any
project on a Federal-aid system to which noise-level standards
are made applicable under the preceding sentence for the
purpose of carrying out such standards. Such project may
include, but is not limited to, the acquisition of additional
rights-of-way, the construction of physical barriers, and
landscaping. Sums apportioned for the Federal-aid system on
which such project will be located shall be available to
finance the Federal share of such project. Such project shall
be deemed a highway project for all purposes of this title.
(j) The Secretary, after consultation with the Administrator
of the Environmental Protection Agency, shall develop and
promulgate guidelines to assure that highways constructed
pursuant to this title are consistent with any approved plan
for--
(1) the implementation of a national ambient air
quality standard for each pollutant for which an area
is designated as a nonattainment area under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
(2) the maintenance of a national ambient air quality
standard in an area that was designated as a
nonattainment area but that was later redesignated by
the Administrator as an attainment area for the
standard and that is required to develop a maintenance
plan under section 175A of the Clean Air Act (42 U.S.C.
7505a).
(k) The Secretary shall not approve any project involving
approaches to a bridge under this title, if such project and
bridge will significantly affect the traffic volume and the
highway system of a contiguous State without first taking into
full consideration the views of that State.
(l)(1) In determining whether any right-of-way on any
Federal-aid highway should be used for accommodating any
utility facility, the Secretary shall--
(A) first ascertain the effect such use will have on
highway and traffic safety, since in no case shall any
use be authorized or otherwise permitted, under this or
any other provision of law, which would adversely
affect safety;
(B) evaluate the direct and indirect environmental
and economic effects of any loss of productive
agricultural land or any impairment of the productivity
of any agricultural land which would result from the
disapproval of the use of such right-of-way for the
accommodation of such utility facility; and
(C) consider such environmental and economic effects
together with any interference with or impairment of
the use of the highway in such right-of-way which would
result from the use of such right-of-way for the
accommodation of such utility facility.
(2) For the purpose of this subsection--
(A) the term ``utility facility'' means any
privately, publicly, or cooperatively owned line,
facility, or system for producing, transmitting, or
distributing communications, power, electricity, light,
heat, gas, oil, crude products, water, steam, waste,
storm water not connected with highway drainage, or any
other similar commodity, including any fire or police
signal system or street lighting system, which directly
or indirectly serves the public; and
(B) the term ``right-of-way'' means any real
property, or interest therein, acquired, dedicated, or
reserved for the construction, operation, and
maintenance of a highway.
(m) Protection of Nonmotorized Transportation Traffic.--The
Secretary shall not approve any project or take any regulatory
action under this title that will result in the severance of an
existing major route or have significant adverse impact on the
safety for nonmotorized transportation traffic and light
motorcycles, unless such project or regulatory action provides
for a reasonable alternate route or such a route exists.
(n) It is the intent of Congress that any project for
resurfacing, restoring, or rehabilitating any highway, other
than a highway access to which is fully controlled, in which
Federal funds participate shall be constructed in accordance
with standards to preserve and extend the service life of
highways and enhance highway safety.
[(o) Compliance With State Laws for Non-NHS Projects.--
Projects (other than highway projects on the National Highway
System) shall be designed, constructed, operated, and
maintained in accordance with State laws, regulations,
directives, safety standards, design standards, and
construction standards.]
(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.--
(i) In general.--A local jurisdiction
may select the most appropriate design
publication for the roadway context 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 local jurisdiction
provides notification and
justification of the use of
such design publication to any
State in which the project is
located; and
(II) the design complies with
all other applicable Federal
and State laws.
(ii) Review.--If a State rejects a
local jurisdiction's selection of a
design publication under this
subparagraph, the local jurisdiction
may submit notification and
justification of such use to the
Secretary. The Secretary shall make a
determination to approve or deny such
submission not later than 90 days after
receiving such submission.
(B) State-owned roads.--In the case of a
roadway under the ownership of the State, the
local jurisdiction may select the most
appropriate design publication only with the
concurrence of the State.
(C) Programmatic basis.--The Secretary may
consider the use of a design publication under
this paragraph on a programmatic basis.
(p) Scenic and Historic Values.--Notwithstanding subsections
(b) and (c), the Secretary may approve a project for the
National Highway System if the project is designed to--
(1) allow for the preservation of environmental,
scenic, or historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a).
(q) Phase Construction.--Safety considerations for a project
under this title may be met by phase construction consistent
with the operative safety management system established in
accordance with a statewide transportation improvement program
approved by the Secretary.
(r) Pavement Markings.--The Secretary shall not approve any
pavement markings project that includes the use of glass beads
containing more than 200 parts per million of arsenic or lead,
as determined in accordance with Environmental Protection
Agency testing methods 3052, 6010B, or 6010C.
(s) Context Sensitive Design.--
(1) Context sensitive design principles.--The
Secretary shall consult with State and local officials
prior to approving any roadway design publications
under this section to ensure that the design
publications provide 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) Contents.--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 implement 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 facility
design; and
(v) establish model policies or
procedures, consistent with the
findings of such guidance, 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 addition to the
contents in subparagraph (B), the guidance
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 various modes of
transportation;
(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.
(t) Projects in Flood-Prone Areas.--For projects and actions
that, in whole or in part, encroach within the limits of a
flood-prone area, the Secretary shall ensure that such projects
and actions are--
(1) designed and constructed in a way that takes into
account, and mitigates where appropriate, flood risk by
using hydrologic, hydraulic, and hydrodynamic data,
methods, and analysis that integrate current and
projected changes in flooding based on climate science
over the anticipated service life of the asset and
future forecasted land use changes; and
(2) designed using analysis that considers the
capital costs, risks, and other economic, engineering,
social and environmental concerns of constructing a
project in a flood-prone area.
* * * * * * *
Sec. 111. Agreements relating to use of and access to rights-of-way--
Interstate System
(a) In General.--All agreements between the Secretary and the
State transportation department for the construction of
projects on the Interstate System shall contain a clause
providing that the State will not add any points of access to,
or exit from, the project in addition to those approved by the
Secretary in the plans for such project, without the prior
approval of the Secretary. Such agreements shall also contain a
clause providing that the State will not permit automotive
service stations or other commercial establishments for serving
motor vehicle users to be constructed or located on the rights-
of-way of the Interstate System and will not change the
boundary of any right-of-way on the Interstate System to
accommodate construction of, or afford access to, an automotive
service station or other commercial establishment. Such
agreements may, however, authorize a State or political
subdivision thereof to use or permit the use of the airspace
above and below the established grade line of the highway
pavement for such purposes as will not impair the full use and
safety of the highway, as will not require or permit vehicular
access to such space directly from such established grade line
of the highway, or otherwise interfere in any way with the free
flow of traffic on the Interstate System. Nothing in this
section, or in any agreement entered into under this section,
shall require the discontinuance, obstruction, or removal of
any establishment for serving motor vehicle users on any
highway which has been, or is hereafter, designated as a
highway or route on the Interstate System (1) if such
establishment (A) was in existence before January 1, 1960, (B)
is owned by a State, and (C) is operated through
concessionaries or otherwise, and (2) if all access to, and
exits from, such establishment conform to the standards
established for such a highway under this title.
(b) Rest Areas.--
(1) In general.--Notwithstanding subsection (a), the
Secretary shall permit a State to acquire, construct,
operate, and maintain a rest area along a highway on
the Interstate System in such State.
(2) Limited activities.--The Secretary shall permit
limited commercial activities within a rest area under
paragraph (1), if the activities are available only to
customers using the rest area and are limited to--
(A) commercial advertising and media displays
if such advertising and displays are--
(i) exhibited solely within any
facility constructed in the rest area;
and
(ii) not legible from the main
traveled way;
(B) items designed to promote tourism in the
State, limited to books, DVDs, and other media;
(C) tickets for events or attractions in the
State of a historical or tourism-related
nature;
(D) travel-related information, including
maps, travel booklets, and hotel coupon
booklets; and
(E) lottery machines, provided that the
priority afforded to blind vendors under
subsection (c) applies to this subparagraph.
(3) Private operators.--A State may permit a private
party to operate such commercial activities.
(4) Limitation on use of revenues.--A State shall use
any revenues received from the commercial activities in
a rest area under this section to cover the costs of
acquiring, constructing, operating, and maintaining
rest areas in the State.
(c) Vending Machines.--Notwithstanding subsection (a), any
State may permit the placement of vending machines in rest and
recreation areas, and in safety rest areas, constructed or
located on rights-of-way of the Interstate System in such
State. Such vending machines may only dispense such food,
drink, and other articles as the State transportation
department determines are appropriate and desirable. Such
vending machines may only be operated by the State. In
permitting the placement of vending machines, the State shall
give priority to vending machines which are operated through
the State licensing agency designated pursuant to section
2(a)(5) of the Act of June 20, 1936, commonly known as the
``Randolph-Sheppard Act'' (20 U.S.C. 107a(a)(5)). The costs of
installation, operation, and maintenance of vending machines
shall not be eligible for Federal assistance under this title.
(d) Motorist Call Boxes.--
(1) In general.--Notwithstanding subsection (a), a
State may permit the placement of motorist call boxes
on rights-of-way of the National Highway System. Such
motorist call boxes may include the identification and
sponsorship logos of such call boxes.
(2) Sponsorship logos.--
(A) Approval by state and local agencies.--
All call box installations displaying
sponsorship logos under this subsection shall
be approved by the highway agencies having
jurisdiction of the highway on which they are
located.
(B) Size on box.--A sponsorship logo may be
placed on the call box in a dimension not to
exceed the size of the call box or a total
dimension in excess of 12 inches by 18 inches.
(C) Size on identification sign.--Sponsorship
logos in a dimension not to exceed 12 inches by
30 inches may be displayed on a call box
identification sign affixed to the call box
post.
(D) Spacing of signs.--Sponsorship logos
affixed to an identification sign on a call box
post may be located on the rights-of-way at
intervals not more frequently than 1 per every
5 miles.
(E) Distribution throughout state.--Within a
State, at least 20 percent of the call boxes
displaying sponsorship logos shall be located
on highways outside of urbanized areas with a
population greater than 50,000.
(3) Nonsafety hazards.--The call boxes and their
location, posts, foundations, and mountings shall be
consistent with requirements of the Manual on Uniform
Traffic Control Devices or any requirements deemed
necessary by the Secretary to assure that the call
boxes shall not be a safety hazard to motorists.
(e) Justification Reports.--If the Secretary requests or
requires a justification report for a project that would add a
point of access to, or exit from, the Interstate System
(including new or modified freeway-to-crossroad interchanges
inside a transportation management area), the Secretary may
permit a State transportation department to approve the report.
(f) Interstate System Rights-of-Way.--
(1) In general.--Notwithstanding subsection (a) or
(b), the Secretary shall permit, consistent with
section 155, the charging of electric vehicles on
rights-of-way of the Interstate System, including in--
(A) a rest area; or
(B) a fringe or corridor parking facility,
including a park and ride facility.
(2) Savings clause.--Nothing in this subsection shall
permit commercial activities on rights-of-way of the
Interstate System, except as necessary for the charging
of electric vehicles in accordance with this
subsection.
Sec. 112. Letting of contracts
(a) In all cases where the construction is to be performed by
the State transportation department or under its supervision, a
request for submission of bids shall be made by advertisement
unless some other method is approved by the Secretary. The
Secretary shall require such plans and specifications and such
methods of bidding as shall be effective in securing
competition.
(b) Bidding Requirements.--
(1) In general.--Subject to paragraphs (2) and (3),
construction of each project, subject to the provisions
of subsection (a) of this section, shall be performed
by contract awarded by competitive bidding, unless the
State transportation department demonstrates, to the
satisfaction of the Secretary, that some other method
is more cost effective or that an emergency exists.
Contracts for the construction of each project shall be
awarded only on the basis of the lowest responsive bid
submitted by a bidder meeting established criteria of
responsibility. No requirement or obligation shall be
imposed as a condition precedent to the award of a
contract to such bidder for a project, or to the
Secretary's concurrence in the award of a contract to
such bidder, unless such requirement or obligation is
otherwise lawful and is specifically set forth in the
advertised specifications.
(2) Contracting for engineering and design
services.--
(A) General rule.--Subject to paragraph (3),
each contract for program management,
construction management, feasibility studies,
preliminary engineering, design, engineering,
surveying, mapping, or architectural related
services with respect to a project subject to
the provisions of subsection (a) of this
section shall be awarded in the same manner as
a contract for architectural and engineering
services is negotiated under chapter 11 of
title 40.
(B) Performance and audits.--Any contract or
subcontract awarded in accordance with
subparagraph (A), whether funded in whole or in
part with Federal-aid highway funds, shall be
performed and audited in compliance with cost
principles contained in the Federal Acquisition
Regulations of part 31 of title 48, Code of
Federal Regulations.
(C) Indirect cost rates.--Instead of
performing its own audits, a recipient of funds
under a contract or subcontract awarded in
accordance with subparagraph (A) shall accept
indirect cost rates established in accordance
with the Federal Acquisition Regulations for 1-
year applicable accounting periods by a
cognizant Federal or State government agency,
if such rates are not currently under dispute.
(D) Application of rates.--Once a firm's
indirect cost rates are accepted under this
paragraph, the recipient of the funds shall
apply such rates for the purposes of contract
estimation, negotiation, administration,
reporting, and contract payment and shall not
be limited by administrative or de facto
ceilings of any kind.
(E) Prenotification; confidentiality of
data.--A recipient of funds requesting or using
the cost and rate data described in
subparagraph (D) shall notify any affected firm
before such request or use. Such data shall be
confidential and shall not be accessible or
provided, in whole or in part, to another firm
or to any government agency which is not part
of the group of agencies sharing cost data
under this paragraph, except by written
permission of the audited firm. If prohibited
by law, such cost and rate data shall not be
disclosed under any circumstances.
(F) [(F)] Subparagraphs (B), (C), (D) and (E)
herein shall not apply to the States of West
Virginia or Minnesota.
(3) Design-build contracting.--
(A) In general.--A State transportation
department or local transportation agency may
award a design-build contract for a qualified
project described in subparagraph (C) using any
procurement process permitted by applicable
State and local law.
(B) Limitation on final design.--Final design
under a design-build contract referred to in
subparagraph (A) shall not commence before
compliance with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C.
4332).
(C) Qualified projects.--A qualified project
referred to in subparagraph (A) is a project
under this chapter (including intermodal
projects) for which the Secretary has approved
the use of design-build contracting under
criteria specified in regulations issued by the
Secretary.
(D) Regulatory process.--Not later than 90
days after the date of enactment of the
SAFETEA-LU, the Secretary shall issue revised
regulations under section 1307(c) of the
Transportation Equity Act for 21st Century (23
U.S.C. 112 note; 112 Stat. 230) that--
(i) do not preclude a State
transportation department or local
transportation agency, prior to
compliance with section 102 of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332), from--
(I) issuing requests for
proposals;
(II) proceeding with awards
of design-build contracts; or
(III) issuing notices to
proceed with preliminary design
work under design-build
contracts;
(ii) require that the State
transportation department or local
transportation agency receive
concurrence from the Secretary before
carrying out an activity under clause
(i); and
(iii) preclude the design-build
contractor from proceeding with final
design or construction of any permanent
improvement prior to completion of the
process under such section 102.
(E) Design-build contract defined.--In this
paragraph, the term ``design-build contract''
means an agreement that provides for design and
construction of a project by a contractor,
regardless of whether the agreement is in the
form of a design-build contract, a franchise
agreement, or any other form of contract
approved by the Secretary.
(4) Method of contracting.--
(A) In general.--
(i) 2-phase contract.--A contracting
agency may award a 2-phase contract to
a construction manager or general
contractor for preconstruction and
construction services.
(ii) Preconstruction services
phase.--In the preconstruction services
phase of a contract under this
paragraph, the contractor shall provide
the contracting agency with advice for
scheduling, work sequencing, cost
engineering, constructability, cost
estimating, and risk identification.
(iii) Agreement.--Prior to the start
of the construction services phase, the
contracting agency and the contractor
may agree to a price and other factors
specified in regulation for the
construction of the project or a
portion of the project.
(iv) Construction phase.--If an
agreement is reached under clause
(iii), the contractor shall be
responsible for the construction of the
project or portion of the project at
the negotiated price and in compliance
with the other factors specified in the
agreement.
(B) Selection.--A contract shall be awarded
to a contractor under this paragraph using a
competitive selection process based on
qualifications, experience, best value, or any
other combination of factors considered
appropriate by the contracting agency.
(C) Timing.--
(i) Relationship to nepa process.--
Prior to the completion of the
environmental review process required
under section 102 of the National
Environmental Policy Act of 1969 (42
U.S.C. 4332), a contracting agency
may--
(I) issue requests for
proposals;
(II) proceed with the award
of a contract for
preconstruction services under
subparagraph (A)(ii); and
(III) issue notices to
proceed with a preliminary
design and any work related to
preliminary design, to the
extent that those actions do
not limit any reasonable range
of alternatives.
(ii) Construction services phase.--A
contracting agency shall not proceed
with the award of the construction
services phase of a contract under
subparagraph (A)(iv) and shall not
proceed, or permit any consultant or
contractor to proceed, with final
design or construction until completion
of the environmental review process
required under section 102 of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(iii) Approval requirement.--Prior to
authorizing construction activities,
the Secretary shall approve--
(I) the price estimate of the
contracting agency for the
entire project; and
(II) any price agreement with
the general contractor for the
project or a portion of the
project.
(iv) Design activities.--
(I) In general.--A
contracting agency may proceed,
at the expense of the
contracting agency, with design
activities at any level of
detail for a project before
completion of the review
process required for the
project under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
without affecting subsequent
approvals required for the
project.
(II) Reimbursement.--Design
activities carried out under
subclause (I) shall be eligible
for Federal reimbursement as a
project expense in accordance
with the requirements under
section 109(r).
(v) Termination provision.--The
Secretary shall require a contract to
include an appropriate termination
provision in the event that a no-build
alternative is selected.
(c) The Secretary shall require as a condition precedent to
his approval of each contract awarded by competitive bidding
pursuant to subsection (b) of this section, and subject to the
provisions of this section, a sworn statement, executed by, or
on behalf of, the person, firm, association, or corporation to
whom such contract is to be awarded, certifying that such
person, firm, association, or corporation has not, either
directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in
restraint of free competitive bidding in connection with such
contract.
(d) No contract awarded by competitive bidding pursuant to
subsection (b) of this section, and subject to the provisions
of this section, shall be entered into by any State
transportation department or local subdivision of the State
without compliance with the provisions of this section, and
without the prior concurrence of the Secretary in the award
thereof.
(e) Standardized Contract Clause Concerning Site
Conditions.--
(1) General rule.--The Secretary shall issue
regulations establishing and requiring, for inclusion
in each contract entered into with respect to any
project approved under section 106 of this title a
contract clause, developed in accordance with
guidelines established by the Secretary, which
equitably addresses each of the following:
(A) Site conditions.
(B) Suspensions of work ordered by the State
(other than a suspension of work caused by the
fault of the contractor or by weather).
(C) Material changes in the scope of work
specified in the contract.
The guidelines established by the Secretary shall not
require arbitration.
(2) Limitation on applicability.--
(A) State law.--Paragraph (1) shall apply in
a State except to the extent that such State
adopts or has adopted by statute a formal
procedure for the development of a contract
clause described in paragraph (1) or adopts or
has adopted a statute which does not permit
inclusion of such a contract clause.
(B) Design-build contracts.--Paragraph (1)
shall not apply to any design-build contract
approved under subsection (b)(3).
(f) Selection Process.--A State may procure, under a single
contract, the services of a consultant to prepare any
environmental impact assessments or analyses required for a
project, including environmental impact statements, as well as
subsequent engineering and design work on the project if the
State conducts a review that assesses the objectivity of the
environmental assessment, environmental analysis, or
environmental impact statement prior to its submission to the
Secretary.
(g) Temporary Traffic Control Devices.--
(1) Issuance of regulations.--The Secretary, after
consultation with appropriate Federal and State
officials, shall issue regulations establishing the
conditions for the appropriate use of, and expenditure
of funds for, uniformed law enforcement officers,
positive protective measures between workers and
motorized traffic, and installation and maintenance of
temporary traffic control devices during construction,
utility, and maintenance operations.
(2) Effects of regulations.--Based on regulations
issued under paragraph (1), a State shall--
(A) develop separate pay items for the use of
uniformed law enforcement officers, positive
protective measures between workers and
motorized traffic, and installation and
maintenance of temporary traffic control
devices during construction, utility, and
maintenance operations; and
(B) incorporate such pay items into contract
provisions to be included in each contract
entered into by the State with respect to a
highway project to ensure compliance with
section 109(e)(2).
(3) Limitation.--Nothing in the regulations shall
prohibit a State from implementing standards that are
more stringent than those required under the
regulations.
(4) Positive protective measures defined.--In this
subsection, the term ``positive protective measures''
means temporary traffic barriers, crash cushions, and
other strategies to avoid traffic accidents in work
zones, including full road closures.
Sec. 113. Prevailing rate of wage
[(a) The Secretary shall take such action as may be necessary
to insure that all laborers and mechanics employed by
contractors or subcontractors on the construction work
performed on highway projects on the Federal-aid highways
authorized under the highway laws providing for the expenditure
of Federal funds upon Federal-aid highways, shall be paid wages
at rates not less than those prevailing on the same type of
work on similar construction in the immediate locality as
determined by the Secretary of Labor in accordance with
sections 3141-3144, 3146, and 3147 of title 40.
[(b) In carrying out the duties of subsection (a) of this
section, the Secretary of Labor shall consult with the highway
department of the State in which a project on any Federal-aid
highway is to be performed. After giving due regard to the
information thus obtained, he shall make a predetermination of
the minimum wages to be paid laborers and mechanics in
accordance with the provisions of subsection (a) of this
section which shall be set out in each project advertisement
for bids and in each bid proposal form and shall be made a part
of the contract covering the project.]
(a) In General.--The Secretary shall take such action as may
be necessary to ensure that all laborers and mechanics employed
by contractors or subcontractors on construction work performed
on projects financed or otherwise assisted in whole or in part
by a loan, loan guarantee, grant, credit enhancement, or any
other form of Federal assistance administered by the Secretary
or the Department, including programs to capitalize revolving
loan funds and subsequent financing cycles under such funds,
shall be paid wages at rates not less than those prevailing on
projects of a character similar in the locality, as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40. With respect to the labor standards
specified in this section, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267) and section 3145 of title
40.
[(c)] (b) Apprenticeship and Skill Training Programs._The
provisions of the section shall not be applicable to employment
pursuant to apprenticeship and skill training programs which
have been certified by the Secretary of Transportation as
promoting equal employment opportunity in connection with
Federal-aid highway construction programs.
* * * * * * *
Sec. 115. Advance construction
(a) In General.--The Secretary may authorize a State to
proceed with a project authorized under this title--
(1) without the use of Federal funds; and
(2) in accordance with all procedures and
requirements applicable to the project other than those
procedures and requirements that limit the State to
implementation of a project--
(A) with the aid of Federal funds previously
apportioned or allocated to the State; or
(B) with obligation authority previously
allocated to the State.
(b) Obligation of Federal Share.--The Secretary, on the
request of a State and execution of a project agreement, may
obligate all or a portion of the Federal share of a project
authorized to proceed under this section from any category of
funds for which the project is eligible.
(c) Inclusion in Transportation Improvement Program.--The
Secretary may approve an application for a project under this
section only if the project is included in the transportation
improvement program of the State developed under section
[135(f)] 135(g).
* * * * * * *
[Sec. 117. Nationally significant freight and highway projects
[(a) Establishment.--
[(1) In general.--There is established a nationally
significant freight and highway projects program to
provide financial assistance for projects of national
or regional significance.
[(2) Goals.--The goals of the program shall be to--
[(A) improve the safety, efficiency, and
reliability of the movement of freight and
people;
[(B) generate national or regional economic
benefits and an increase in the global economic
competitiveness of the United States;
[(C) reduce highway congestion and
bottlenecks;
[(D) improve connectivity between modes of
freight transportation;
[(E) enhance the resiliency of critical
highway infrastructure and help protect the
environment;
[(F) improve roadways vital to national
energy security; and
[(G) address the impact of population growth
on the movement of people and freight.
[(b) Grant Authority.--
[(1) In general.--In carrying out the program
established in subsection (a), the Secretary may make
grants, on a competitive basis, in accordance with this
section.
[(2) Grant amount.--Except as otherwise provided,
each grant made under this section shall be in an
amount that is at least $25,000,000.
[(c) Eligible Applicants.--
[(1) In general.--The Secretary may make a grant
under this section to the following:
[(A) A State or a group of States.
[(B) A metropolitan planning organization
that serves an urbanized area (as defined by
the Bureau of the Census) with a population of
more than 200,000 individuals.
[(C) A unit of local government or a group of
local governments.
[(D) A political subdivision of a State or
local government.
[(E) A special purpose district or public
authority with a transportation function,
including a port authority.
[(F) A Federal land management agency that
applies jointly with a State or group of
States.
[(G) A tribal government or a consortium of
tribal governments.
[(H) A multistate or multijurisdictional
group of entities described in this paragraph.
[(2) Applications.--To be eligible for a grant under
this section, an entity specified in paragraph (1)
shall submit to the Secretary an application in such
form, at such time, and containing such information as
the Secretary determines is appropriate.
[(d) Eligible Projects.--
[(1) In general.--Except as provided in subsection
(e), the Secretary may make a grant under this section
only for a project that--
[(A) is--
[(i) a highway freight project
carried out on the National Highway
Freight Network established under
section 167;
[(ii) a highway or bridge project
carried out on the National Highway
System, including--
[(I) a project to add
capacity to the Interstate
System to improve mobility; or
[(II) a project in a national
scenic area;
[(iii) a freight project that is--
[(I) a freight intermodal or
freight rail project; or
[(II) 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; or
[(iv) a railway-highway grade
crossing or grade separation project;
and
[(B) 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) Limitation.--
[(A) In general.--Not more than $600,000,000
of the amounts made available for grants under
this section for fiscal years 2016 through
2021, in the aggregate, may be used to make
grants for projects described in paragraph
(1)(A)(iii) and such a project may only receive
a grant under this section if--
[(i) the project will make a
significant improvement to freight
movements on the National Highway
Freight Network; and
[(ii) the Federal share of the
project funds only elements of the
project that provide public benefits.
[(B) Exclusions.--The limitation under
subparagraph (A)--
[(i) shall not apply to a railway-
highway grade crossing or grade
separation project; and
[(ii) with respect to a multimodal
project, shall apply only to the non-
highway portion or portions of the
project.
[(e) Small Projects.--
[(1) In general.--The Secretary shall reserve 10
percent of the amounts made available for grants under
this section each fiscal year to make grants for
projects described in subsection (d)(1)(A) that do not
satisfy the minimum threshold under subsection
(d)(1)(B).
[(2) Grant amount.--Each grant made under this
subsection shall be in an amount that is at least
$5,000,000.
[(3) Project selection considerations.--In addition
to other applicable requirements, in making grants
under this subsection the Secretary shall consider--
[(A) the cost effectiveness of the proposed
project; and
[(B) the effect of the proposed project on
mobility in the State and region in which the
project is carried out.
[(f) Eligible Project Costs.--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, 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 (other than subsection
(e)) for funding under this section only if the Secretary
determines that--
[(1) the project will generate national or regional
economic, mobility, or safety benefits;
[(2) the project will be cost effective;
[(3) the project will contribute to the
accomplishment of 1 or more of the national goals
described under section 150 of this title;
[(4) the project is based on the results of
preliminary engineering;
[(5) with respect to related non-Federal financial
commitments--
[(A) 1 or more stable and dependable sources
of funding and financing are available to
construct, maintain, and operate the project;
and
[(B) contingency amounts are available to
cover unanticipated cost increases;
[(6) the project cannot be easily and efficiently
completed without other Federal funding or financial
assistance available to the project sponsor; and
[(7) the project is reasonably expected to begin
construction not later than 18 months after the date of
obligation of funds for the project.
[(h) Additional Considerations.--In making a grant under this
section, the Secretary shall consider--
[(1) utilization of nontraditional financing,
innovative design and construction techniques, or
innovative technologies;
[(2) utilization of non-Federal contributions; and
[(3) contributions to geographic diversity among
grant recipients, including the need for a balance
between the needs of rural and urban communities.
[(i) Rural Areas.--
[(1) In general.--The Secretary shall reserve not
less than 25 percent of the amounts made available for
grants under this section, including the amounts made
available under subsection (e), each fiscal year to
make grants for projects located in rural areas.
[(2) Excess funding.--In any fiscal year in which
qualified applications for grants under this subsection
will not allow for the amount reserved under paragraph
(1) to be fully utilized, the Secretary shall use the
unutilized amounts to make other grants under this
section.
[(3) Rural area defined.--In this subsection, the
term ``rural area'' means an area that is outside an
urbanized area with a population of over 200,000.
[(j) Federal Share.--
[(1) In general.--The Federal share of the cost of a
project assisted 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.
[(3) Federal land management agencies.--
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 by
a Federal land management agency, as described under
subsection (c)(1)(F).
[(k) Treatment of Freight Projects.--Notwithstanding any
other provision of law, a freight project carried out under
this section shall be treated as if the project is located on a
Federal-aid highway.
[(l) TIFIA Program.--At the request of an eligible applicant
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) Congressional Notification.--
[(1) Notification.--
[(A) In general.--At least 60 days before
making a grant for a project under this
section, the Secretary shall notify, in
writing, the Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Environment and Public
Works of the Senate of the proposed grant. The
notification shall include an evaluation and
justification for the project and the amount of
the proposed grant award.
[(B) Multimodal projects.--In addition to the
notice required under subparagraph (A), the
Secretary shall notify the Committee on
Commerce, Science, and Transportation of the
Senate before making a grant for a project
described in subsection (d)(1)(A)(iii).
[(2) 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).
[(n) Reports.--
[(1) Annual report.--The Secretary shall make
available on the Web site of the Department of
Transportation at the end of each fiscal year an annual
report that lists each project for which a grant has
been provided under this section during that fiscal
year.
[(2) Comptroller general.--
[(A) Assessment.--The Comptroller General of
the United States shall conduct an assessment
of the administrative establishment,
solicitation, selection, and justification
process with respect to the funding of grants
under this section.
[(B) Report.--Not later than 1 year after the
initial awarding of grants under this section,
the Comptroller General shall submit to the
Committee on Environment and Public Works of
the Senate, the Committee on Commerce, Science,
and Transportation of the Senate, and the
Committee on Transportation and Infrastructure
of the House of Representatives a report that
describes--
[(i) the adequacy and fairness of the
process by which each project was
selected, if applicable; and
[(ii) the justification and criteria
used for the selection of each project,
if applicable.]
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 or
territory, 30 percent of the
amount apportioned under this
chapter to the State or
territory in the most recently
completed fiscal year; or
(II) located in more than 1
State or territory, 50 percent
of the amount apportioned under
this chapter to the
participating State or
territory 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, or that is eligible to
be carried out under section 165;
(B) a project to improve person throughput
that is--
(i) a highway project carried out on
the National Highway System, or that is
eligible to be carried out under
section 165;
(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) one 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, including
the ability to withstand disruptions
from a seismic event;
(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, including visitors based on travel and
tourism.
(2) Additional considerations.--In awarding a grant
under this section, the Secretary shall consider the
following:
(A) Whether the project spans at least 1
border between 2 States.
(B) Whether the project serves low-income
residents of low-income communities, including
areas of persistent poverty, while not
displacing such residents.
(C) 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.
(D) Whether the project improves connectivity
between modes of transportation moving people
or goods in the Nation or region.
(E) Whether the project provides new or
improved connections between at least two
metropolitan areas with a population of at
least 500,000.
(F) Whether the project would replace,
reconstruct, or rehabilitate a commuter
corridor (including a high-commuter corridor
(as such term is defined in section 203(a)(6)))
that is in poor condition.
(G) Whether the project would improve the
shared transportation corridor of a multistate
corridor.
(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 2023 through 2026.
(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) Bridge Investments.--Of the amounts made available to
carry out this section, the Secretary shall reserve not less
than $1,000,000,000 in each fiscal year to make grants for
projects described in subsection (e)(1)(A).
(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 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 America
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.
(m) 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.
(n) Administration.--Of the amounts made available to carry
out this section, the Secretary may use up to $5,000,000 in
each fiscal year for the costs of administering the program
under this section.
(o) Technical Assistance.--Of the amounts made available to
carry out this section, the Secretary may reserve up to
$5,000,000 to provide technical assistance to eligible
entities.
(p) 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).
(q) 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.
(r) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means--
(1) a State or a group of States;
(2) a unit of local government, including a
metropolitan planning organization, or a group of local
governments;
(3) a political subdivision of a State or local
government;
(4) a special purpose district or public authority
with a transportation function, including a port
authority;
(5) an Indian Tribe or Tribal organization;
(6) a Federal agency eligible to receive funds under
section 201, 203, or 204, including the Army Corps of
Engineers, Bureau of Reclamation, and the Bureau of
Land Management, that applies jointly with a State or
group of States;
(7) a territory; and
(8) a multistate or multijurisdictional group of
entities described in this paragraph.
Sec. 118. Availability of funds
(a) Date Available for Obligation.--Except as otherwise
specifically provided, authorizations from the Highway Trust
Fund (other than the Mass Transit Account) to carry out this
title shall be available for obligation on the date of their
apportionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
(b) Period of Availability.--Except as otherwise specifically
provided, funds apportioned or allocated pursuant to this title
in a State shall remain available for obligation in that State
for a period of 3 years after the last day of the fiscal year
for which the funds are authorized. Any amounts so apportioned
or allocated that remain unobligated at the end of that period
shall lapse.
(c) Obligation and Release of Funds.--
(1) In general.--Funds apportioned or allocated to a
State for a purpose for any fiscal year shall be
considered to be obligated if a sum equal to the total
of the funds apportioned or allocated to the State for
that purpose for that fiscal year and previous fiscal
years is obligated.
(2) Released funds.--Any funds released by the final
payment for a project, or by modifying the project
agreement for a project, shall be--
(A) credited to the same class of funds
previously apportioned or allocated to the
State for the project; and
(B) immediately available for obligation.
(3) Net obligations.--Notwithstanding any other
provision of law (including a regulation), obligations
recorded against funds made available under this
subsection shall be recorded and reported as net
obligations.
(d) Funds made available to the State of Alaska [and the
Commonwealth of Puerto Rico], the Commonwealth of Puerto Rico,
and any other territory of the United States under this title
may be expended for construction of access and development
roads that will serve resource development, recreational,
residential, commercial, industrial, or other like purposes.
Sec. 119. National highway performance program
(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
[(b) Purposes.--The purposes of the national highway
performance program shall be--
[(1) to provide support for the condition and
performance of the National Highway System;
[(2) to provide support for the construction of new
facilities on the National Highway System; and
[(3) to ensure that investments of Federal-aid funds
in highway construction are directed to support
progress toward the achievement of performance targets
established in an asset management plan of a State for
the National Highway System.]
(b) Purposes.--The purposes of the national highway
performance program shall be--
(1) to provide support for the condition and
performance of 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).
(c) Eligible Facilities.--Except as provided in subsection
(d), to be eligible for funding apportioned under section
104(b)(1) to carry out this section, a facility shall be
located on the National Highway System, as defined in section
103.
(d) Eligible Projects.--Funds apportioned to a State to carry
out the national highway performance program may be obligated
only for a project on an eligible facility that is--
(1)(A) a project or part of a program of projects
supporting progress toward the achievement of national
performance goals for improving infrastructure
condition, safety, congestion reduction, system
reliability, [or freight movement on the National
Highway System] freight movement, environmental
sustainability, transportation system access, or
combating climate change; and
(B) consistent with sections 134 and 135; [and]
(2) for 1 or more of the following purposes:
(A) Construction, reconstruction,
resurfacing, restoration, rehabilitation,
preservation, or operational improvement of
segments of the National Highway System.
(B) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme
events) of bridges on the National Highway
System.
(C) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme
events) of tunnels on the National Highway
System.
(D) Inspection and evaluation, as described
in section 144, of bridges and tunnels on the
National Highway System, and inspection and
evaluation of other highway infrastructure
assets on the National Highway System,
including signs and sign structures, earth
retaining walls, and drainage structures.
(E) Training of bridge and tunnel inspectors,
as described in section 144.
(F) Construction, rehabilitation, or
replacement of existing ferry boats and ferry
boat facilities, including approaches, that
connect road segments of the National Highway
System.
(G) Construction, reconstruction,
resurfacing, restoration, rehabilitation, and
preservation of, and operational improvements
for, a Federal-aid highway not on the National
Highway System, and construction of a transit
project eligible for assistance under chapter
53 of title 49, if--
(i) the highway project or transit
project is in the same corridor as, and
in proximity to, a fully access-
controlled highway designated as a part
of the National Highway System; and
(ii) the construction or improvements
will reduce delays or produce travel
time savings on the fully access-
controlled highway described in clause
(i) and improve regional traffic flow[;
and].
[(iii) the construction or
improvements are more cost-effective,
as determined by benefit-cost analysis,
than an improvement to the fully
access-controlled highway described in
clause (i).]
(H) Bicycle transportation and pedestrian
walkways in accordance with section 217.
(I) Highway safety improvements for segments
of the National Highway System, including the
installation of safety barriers and nets on
bridges on the National Highway System.
(J) Capital and operating costs for traffic
and traveler information monitoring,
management, and control facilities and
programs.
(K) Development and implementation of a State
asset management plan for the National Highway
System in accordance with this section,
including data collection, maintenance, and
integration and the cost associated with
obtaining, updating, and licensing software and
equipment required for risk-based asset
management and performance-based management.
(L) Infrastructure-based intelligent
transportation systems capital improvements,
including the installation of vehicle-to-
infrastructure communication equipment.
(M) Environmental restoration and pollution
abatement in accordance with section 328.
(N) Control of noxious weeds and aquatic
noxious weeds and establishment of native
species in accordance with section 329.
(O) Environmental mitigation efforts related
to projects funded under this section, as
described in subsection (g).
(P) Construction of publicly owned intracity
or intercity bus terminals servicing the
National Highway System.
(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 eligible under section
124, including protective features and natural
infrastructure.
(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 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).
(U) The removal, retrofit, repurposing,
remediation, or replacement of a highway on the
National Highway System that creates a barrier
to community connectivity to improve access for
multiple modes of transportation.
(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, as defined in the State's
asset management plan, on the National Highway
System;
(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
public transportation 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
(C) has a public plan for maintaining and
operating the new asset while continuing its
progress in achieving a state of good repair
under subparagraph (A).
(e) State Asset and Performance Management.--
(1) In general.--A State shall develop a risk-based
asset management plan for the National Highway System
to improve or preserve the condition of the assets and
the performance of the system.
(2) Performance driven plan.--A State asset
management plan shall include strategies leading to a
program of projects that would make progress toward
achievement of the State targets for asset condition
and performance of the National Highway System in
accordance with section 150(d) and supporting the
progress toward the achievement of the national goals
identified in section 150(b).
(3) Scope.--In developing a risk-based asset
management plan, the Secretary shall encourage States
to include all infrastructure assets within the right-
of-way corridor in such plan.
(4) Plan contents.--A State asset management plan
shall, at a minimum, be in a form that the Secretary
determines to be appropriate and include--
(A) a summary listing of the pavement and
bridge assets on the National Highway System in
the State, including a description of the
condition of those assets;
(B) asset management objectives and measures;
(C) performance gap identification;
(D) lifecycle cost and risk management
[analysis] analyses, both of which shall take
into consideration climate change adaptation
and resilience;;
(E) a financial plan; and
(F) investment strategies.
(5) Requirement for plan.--
(A) In general.--Notwithstanding section 120,
each fiscal year, if the Secretary determines
that a State has not developed and implemented
a State asset management plan consistent with
this section, the Federal share payable on
account of any project or activity for which
funds are obligated by the State in that fiscal
year under this section shall be 65 percent.
(B) Determination.--The Secretary shall make
the determination under subparagraph (A) for a
fiscal year not later than the day before the
beginning of such fiscal year.
(6) Certification of plan development process.--
(A) In general.--Not later than 90 days after
the date on which a State submits a request for
approval of the process used by the State to
develop the State asset management plan for the
National Highway System, the Secretary shall--
(i) review the process; and
(ii)(I) certify that the process
meets the requirements established by
the Secretary; or
(II) deny certification and specify
actions necessary for the State to take
to correct deficiencies in the State
process.
(B) Recertification.--Not less frequently
than once every 4 years, the Secretary shall
review and recertify that the process used by a
State to develop and maintain the State asset
management plan for the National Highway System
meets the requirements for the process, as
established by the Secretary.
(C) Opportunity to cure.--If the Secretary
denies certification under subparagraph (A),
the Secretary shall provide the State with--
(i) not less than 90 days to cure the
deficiencies of the plan, during which
time period all penalties and other
legal impacts of a denial of
certification shall be stayed; and
(ii) a written statement of the
specific actions the Secretary
determines to be necessary for the
State to cure the plan.
(7) Performance achievement.--A State that does not
achieve or make significant progress toward achieving
the targets of the State for performance measures
described in section 150(d) for the National Highway
System shall include as part of the performance target
report under section 150(e) a description of the
actions the State will undertake to achieve the
targets.
(8) Process.--[Not later than 18 months after the
date of enactment of the MAP-21, the Secretary] The
Secretary shall, by regulation and in consultation with
State departments of transportation, establish the
process to develop the State asset management plan
described in paragraph (1).
(f) Interstate System and NHS Bridge Conditions.--
(1) Condition of interstate system.--
(A) Penalty.--If a State reports that the
condition of the Interstate System, excluding
bridges on the Interstate System, has fallen
below the minimum condition level established
by the Secretary under section 150(c)(3), the
State shall be required, during the following
fiscal year--
(i) to obligate, from the amounts
apportioned to the State under section
104(b)(1), an amount that is not less
than the amount of funds apportioned to
the State for fiscal year 2009 under
the Interstate maintenance program for
the purposes described in this section
(as in effect on the day before the
date of enactment of the MAP-21),
except that for each year after fiscal
year 2013, the amount required to be
obligated under this clause shall be
increased by 2 percent over the amount
required to be obligated in the
previous fiscal year; and
(ii) to transfer, from the amounts
apportioned to the State under section
104(b)(2) (other than amounts
suballocated to metropolitan areas and
other areas of the State under section
133(d)) to the apportionment of the
State under section 104(b)(1), an
amount equal to 10 percent of the
amount of funds apportioned to the
State for fiscal year 2009 under the
Interstate maintenance program for the
purposes described in this section (as
in effect on the day before the date of
enactment of the MAP-21).
(B) Restoration.--The obligation requirement
for the Interstate System in a State required
by subparagraph (A) for a fiscal year shall
remain in effect for each subsequent fiscal
year until such time as the condition of the
Interstate System in the State exceeds the
minimum condition level established by the
Secretary.
(2) Condition of nhs bridges.--
(A) Penalty.--If the Secretary determines
that, for the 3-year-period preceding the date
of the determination, more than 10 percent of
the total deck area of bridges in the State on
the National Highway System is located on
bridges that have been classified as
structurally deficient, an amount equal to 50
percent of funds apportioned to such State for
fiscal year 2009 to carry out section 144 (as
in effect the day before enactment of MAP-21)
shall be set aside from amounts apportioned to
a State for a fiscal year under section
104(b)(1) only for eligible projects on bridges
on the National Highway System.
(B) Restoration.--The set-aside requirement
for bridges on the National Highway System in a
State under subparagraph (A) for a fiscal year
shall remain in effect for each subsequent
fiscal year until such time as less than 10
percent of the total deck area of bridges in
the State on the National Highway System is
located on bridges that have been classified as
structurally deficient, as determined by the
Secretary.
(g) Environmental Mitigation.--
(1) Eligible activities.--In accordance with all
applicable Federal law (including regulations),
environmental mitigation efforts referred to in
subsection (d)(2)(O) include participation in natural
habitat and wetlands mitigation efforts relating to
projects funded under this title, which may include--
(A) participation in mitigation banking or
other third-party mitigation arrangements, such
as--
(i) the purchase of credits from
commercial mitigation banks;
(ii) the establishment and management
of agency-sponsored mitigation banks;
and
(iii) the purchase of credits or
establishment of in-lieu fee mitigation
programs;
(B) contributions to statewide and regional
efforts to conserve, restore, enhance, and
create natural habitats and wetlands; and
(C) the development of statewide and regional
environmental protection plans, including
natural habitat and wetland conservation and
restoration plans.
(2) Inclusion of other activities.--The banks,
efforts, and plans described in paragraph (1) include
any such banks, efforts, and plans developed in
accordance with applicable law (including regulations).
(3) Terms and conditions.--The following terms and
conditions apply to natural habitat and wetlands
mitigation efforts under this subsection:
(A) Contributions to the mitigation effort
may--
(i) take place concurrent with, or in
advance of, commitment of funding under
this title to a project or projects;
and
(ii) occur in advance of project
construction only if the efforts are
consistent with all applicable
requirements of Federal law (including
regulations) and State transportation
planning processes.
(B) Credits from any agency-sponsored
mitigation bank that are attributable to
funding under this section may be used only for
projects funded under this title, unless the
agency pays to the Secretary an amount equal to
the Federal funds attributable to the
mitigation bank credits the agency uses for
purposes other than mitigation of a project
funded under this title.
(4) Preference.--At the discretion of the project
sponsor, preference shall be given, to the maximum
extent practicable, to mitigating an environmental
impact through the use of a mitigation bank, in-lieu
fee, or other third-party mitigation arrangement, if
the use of credits from the mitigation bank or in-lieu
fee, or the other third-party mitigation arrangement
for the project, is approved by the applicable Federal
agency.
(h) TIFIA Program.--Upon Secretarial approval of credit
assistance under chapter 6, the Secretary, at the request of a
State, may allow the State to use funds apportioned under
section 104(b)(1) to pay subsidy and administrative costs
necessary to provide an eligible entity Federal credit
assistance under chapter 6 with respect to a project eligible
for assistance under this section.
(i) Additional Funding Eligibility for Certain Bridges.--
(1) In general.--Funds apportioned to a State to
carry out the national highway performance program may
be obligated for a project for the reconstruction,
resurfacing, restoration, rehabilitation, or
preservation of a bridge not on the National Highway
System, if the bridge is on a Federal-aid highway.
(2) Limitation.--A State required to make obligations
under subsection (f) shall ensure such requirements are
satisfied in order to use the flexibility under
paragraph (1).
(j) Critical Infrastructure.--
(1) Critical infrastructure defined.--In this
subsection, the term ``critical infrastructure'' means
those facilities the incapacity or failure of which
would have a debilitating impact on national or
regional economic security, national or regional energy
security, national or regional public health or safety,
or any combination of those matters.
(2) Consideration.--The asset management plan of a
State may include consideration of critical
infrastructure from among those facilities in the State
that are eligible under subsection (c).
(3) Risk reduction.--A State may use funds
apportioned under this section for projects intended to
reduce the risk of failure of critical infrastructure
in the State.
(k) Benefit-Cost Analysis.--In carrying out subsection
(d)(3)(B)(ii), the Secretary shall establish a process for
analyzing the cost and benefits of projects under such
subsection, ensuring that--
(1) the benefit-cost analysis includes a calculation
of all the benefits addressed in the performance
measures established under section 150;
(2) the benefit-cost analysis includes a
consideration of the total maintenance cost of an asset
over the lifecycle of the asset; and
(3) the State demonstrates that any transportation
demand modeling used to calculate the benefit-cost
analysis has a documented record of accuracy.
Sec. 120. Federal share payable
(a) Interstate System Projects.--
(1) In general.--Except as otherwise provided in this
chapter, the Federal share payable on account of any
project on the Interstate System (including a project
to add high occupancy vehicle lanes and a project to
add auxiliary lanes but excluding a project to add any
other lanes) shall be 90 percent of the total cost
thereof, plus a percentage of the remaining 10 percent
of such cost in any State containing unappropriated and
unreserved public lands and nontaxable Indian lands,
individual and tribal, exceeding 5 percent of the total
area of all lands therein, equal to the percentage that
the area of such lands in such State is of its total
area; except that such Federal share payable on any
project in any State shall not exceed 95 percent of the
total cost of such project.
(2) State-determined lower federal share.--In the
case of any project subject to paragraph (1), a State
may determine a lower Federal share than the Federal
share determined under such paragraph.
(b) Other Projects.--Except as otherwise provided in this
title, the Federal share payable on account of any project or
activity carried out under this title (other than a project
subject to subsection (a)) shall be--
(1) 80 percent of the cost thereof, except that in
the case of any State containing nontaxable Indian
lands, individual and tribal, and public domain lands
(both reserved and unreserved) exclusive of national
forests and national parks and monuments, exceeding 5
percent of the total area of all lands therein, the
Federal share, for purposes of this chapter, shall be
increased by a percentage of the remaining cost equal
to the percentage that the area of all such lands in
such State, is of its total area; or
(2) 80 percent of the cost thereof, except that in
the case of any State containing nontaxable Indian
lands, individual and tribal, public domain lands (both
reserved and unreserved), national forests, and
national parks and monuments, the Federal share, for
purposes of this chapter, shall be increased by a
percentage of the remaining cost equal to the
percentage that the area of all such lands in such
State is of its total area;
except that the Federal share payable on any project in a State
shall not exceed 95 percent of the total cost of any such
project. In any case where a State elects to have the Federal
share provided in paragraph (2) of this subsection, the State
must enter into an agreement with the Secretary covering a
period of not less than 1 year, requiring such State to use
solely for purposes eligible for assistance under this title
(other than paying its share of projects approved under this
title) during the period covered by such agreement the
difference between the State's share as provided in paragraph
(2) and what its share would be if it elected to pay the share
provided in paragraph (1) for all projects subject to such
agreement. In the case of any project subject to this
subsection, a State may determine a lower Federal share than
the Federal share determined under the preceding sentences of
this subsection.
(c) Increased Federal Share.--
(1) Certain safety projects.--The Federal share
payable on account of any project for traffic control
signalization, maintaining minimum levels of
retroreflectivity of highway signs or pavement
markings, traffic circles (also known as
``roundabouts''), safety rest areas, pavement marking,
shoulder and centerline rumble strips and stripes,
commuter carpooling and vanpooling, rail-highway
crossing closure, or installation of traffic signs,
traffic lights, guardrails, impact attenuators,
concrete barrier endtreatments, breakaway utility
poles, or priority control systems for emergency
vehicles or transit vehicles at signalized
intersections may amount to 100 percent of the cost of
construction of such projects; except that not more
than 10 percent of all sums apportioned for all the
Federal-aid programs for any fiscal year in accordance
with section 104 of this title shall be used under this
subsection. In this subsection, the term ``safety rest
area'' means an area where motor vehicle operators can
park their vehicles and rest, where food, fuel, and
lodging services are not available, and that is located
on a segment of highway with respect to which the
Secretary determines there is a shortage of public and
private areas at which motor vehicle operators can park
their vehicles and rest.
(2) CMAQ projects.--The Federal share payable on
account of a project or program carried out under
section 149 with funds obligated in fiscal year 2008 or
2009, or both, shall be not less than 80 percent and,
at the discretion of the State, may be up to 100
percent of the cost thereof.
(3) Innovative project delivery.--
(A) In general.--Except as provided in
subparagraph (C), the Federal share payable on
account of a project, program, or activity
carried out with funds apportioned under
paragraph (1), (2), [(5)(D),] or (6) of section
104(b) may, at the discretion of the State, be
up to 100 percent for any such project,
program, or activity that the Secretary
determines--
(i) contains innovative project
delivery methods that improve work zone
safety for motorists or workers and the
quality of the facility;
(ii) contains innovative
technologies, engineering or design
approaches, manufacturing processes,
financing, or contracting or project
delivery methods that improve the
quality of, extend the service life of,
or decrease the long-term costs of
maintaining highways and bridges;
(iii) accelerates project delivery
while complying with other applicable
Federal laws (including regulations)
and not causing any significant adverse
environmental impact; or
(iv) reduces congestion related to
highway construction.
(B) Examples.--Projects, programs, and
activities described in subparagraph (A) may
include the use of--
[(i) prefabricated bridge elements
and systems and other technologies to
reduce bridge construction time;
[(ii) innovative construction
equipment, materials, or techniques,
including the use of in-place recycling
technology and digital 3-dimensional
modeling technologies;]
(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;
(ii) innovative construction
equipment, materials, techniques, or
practices, including the use of in-
place recycling technology, digital 3-
dimensional modeling technologies, and
advanced digital construction
management systems;
(iii) innovative contracting methods,
including the design-build and the
construction manager-general contractor
contracting methods and alternative
bidding;
(iv) intelligent compaction
equipment;
(v) innovative pavement materials
that have a demonstrated life cycle of
75 or more years, are manufactured with
reduced greenhouse gas emissions, and
reduce construction-related congestion
by rapidly curing; [or]
(vi) innovative pavement materials
that demonstrate reductions in--
(I) greenhouse gas emissions
through sequestration or
innovative manufacturing
processes; or
(II) local air pollution,
stormwater runoff, or noise
pollution;
(vii) innovative culvert materials
that are made with recycled content and
demonstrate reductions in greenhouse
gas emissions;
(viii) contractual provisions that
provide safety contingency funds to
incorporate safety enhancements to work
zones prior to or during roadway
construction and maintenance
activities; or
[(vi)] (ix) contractual provisions
that offer a contractor an incentive
payment for early completion of the
project, program, or activity, subject
to the condition that the incentives
are accounted for in the financial plan
of the project, when applicable.
(C) Limitations.--
(i) In general.--In each fiscal
year, a State may use the authority
under subparagraph (A) for up to 10
percent of the combined apportionments
of the State under paragraphs (1), (2),
[(5)(D),] and (6) of section 104(b).
(ii) Federal share increase.--The
Federal share payable on account of a
project, program, or activity described
in subparagraph (A) may be increased by
up to 5 percent of the total project
cost.
(d) The Secretary may rely on a statement from the Secretary
of the Interior as to the area of the lands referred to in
subsections (a) and (b) of this section. The Secretary of the
Interior is authorized and directed to provide such statement
annually.
(e) Emergency Relief.--The Federal share payable for any
repair or reconstruction provided for by funds made available
under section 125 for any project on a Federal-aid highway,
including the Interstate System, shall not exceed the Federal
share payable on a project on the system as provided in
subsections (a) and (b), except that--
(1) the Federal share payable for eligible emergency
repairs to minimize damage, protect facilities, or
restore essential traffic accomplished within 180 days
after the actual occurrence of the natural disaster or
catastrophic failure may amount to 100 percent of the
cost of the repairs;
(2) the Federal share payable for any repair or
reconstruction of Federal land transportation
facilities, other Federally owned roads that are open
to public travel, and tribal transportation facilities
may amount to 100 percent of the cost of the repair or
reconstruction;
(3) the Secretary shall extend the time period in
paragraph (1) taking into consideration any delay in
the ability of the State to access damaged facilities
to evaluate damage and the cost of repair; and
(4) the Federal share payable for eligible permanent
repairs to restore damaged facilities to predisaster
condition may amount to 90 percent of the cost of the
repairs if the eligible expenses incurred by the State
due to natural disasters or catastrophic failures in a
Federal fiscal year exceeds the annual apportionment of
the State under section 104 for the fiscal year in
which the disasters or failures occurred.
(f) The Secretary is authorized to cooperate with the State
transportation departments and with the Department of the
Interior in the construction of Federal-aid highways within
Indian reservations and national parks and monuments under the
jurisdiction of the Department of the Interior and to pay the
amount assumed therefor from the funds apportioned in
accordance with section 104 of this title to the State wherein
the reservations and national parks and monuments are located.
(g) Notwithstanding any other provision of this section or of
this title, the Federal share payable on account of any project
under this title in the Virgin Islands, Guam, American Samoa,
or the Commonwealth of the Northern Mariana Islands shall be
100 per centum of the total cost of the project.
(h) Increased Non-Federal Share.--Notwithstanding any other
provision of this title and subject to such criteria as the
Secretary may establish, a State may contribute an amount in
excess of the non-Federal share of a project under this title
so as to decrease the Federal share payable on such project.
(i) Credit for Non-Federal Share.--
(1) Eligibility.--
(A) In general.--A State may use as a credit
toward the non-Federal share requirement for
any funds made available to carry out this
title (other than the emergency relief program
authorized by section 125) or chapter 53 of
title 49 toll revenues that are generated and
used by public, quasi-public, and private
agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the
public purpose of interstate commerce.
(B) Special rule for use of federal funds.--
If the public, quasi-public, or private agency
has built, improved, or maintained the facility
using Federal funds, the credit under this
paragraph shall be reduced by a percentage
equal to the percentage of the total cost of
building, improving, or maintaining the
facility that was derived from Federal funds.
(C) Federal funds defined.--In this
paragraph, the term ``Federal funds'' does not
include loans of Federal funds or other
financial assistance that must be repaid to the
Government.
(2) Maintenance of effort.--
(A) In general.--The credit for any non-
Federal share provided under this subsection
shall not reduce nor replace State funds
required to match Federal funds for any program
under this title.
(B) Condition on receipt of credit.--To
receive a credit under paragraph (1) for a
fiscal year, a State shall enter into such
agreement as the Secretary may require to
ensure that the State will maintain its non-
Federal transportation capital expenditures in
such fiscal year at or above the average level
of such expenditures for the preceding 3 fiscal
years; except that if, for any 1 of the
preceding 3 fiscal years, the non-Federal
transportation capital expenditures of the
State were at a level that was greater than 130
percent of the average level of such
expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that
the State will maintain its non-Federal
transportation capital expenditures in the
fiscal year of the credit at or above the
average level of such expenditures for the
other 2 fiscal years.
(C) Transportation capital expenditures
defined.--In subparagraph (B), the term ``non-
Federal transportation capital expenditures''
includes any payments made by the State for
issuance of transportation-related bonds.
(3) Treatment.--
(A) Limitation on liability.--Use of a credit
for a non-Federal share under this subsection
that is received from a public, quasi-public,
or private agency--
(i) shall not expose the agency to
additional liability, additional
regulation, or additional
administrative oversight; and
(ii) shall not subject the agency to
any additional Federal design standards
or laws (including regulations) as a
result of providing the non-Federal
share other than those to which the
agency is already subject.
(B) Chartered multistate agencies.--When a
credit that is received from a chartered
multistate agency is applied to a non-Federal
share under this subsection, such credit shall
be applied equally to all charter States.
(j) Use of Federal Agency Funds.--Notwithstanding any other
provision of law, any Federal funds other than those made
available under this title and title 49 may be used to pay the
non-Federal share of the cost of any transportation project
that is within, adjacent to, or provides access to Federal
land, the Federal share of which is funded under this title or
chapter 53 of title 49.
(k) Use of Federal Land and Tribal Transportation Funds.--
Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the tribal
transportation program under section 202 and the Federal lands
transportation program under section 203 may be used to pay the
non-Federal share of the cost of any project that is funded
under this title or chapter 53 of title 49 and that provides
access to or within Federal or tribal land.
* * * * * * *
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--
(A) construction activities, including
construction of natural infrastructure or
protective features--
(i) to increase the resilience of a
surface transportation infrastructure
asset to withstand a covered event;
(ii) to relocate or provide a
reasonable alternative to a repeatedly
damaged facility; and
(iii) for an evacuation route
identified in the vulnerability
assessment required under section
134(i)(2)(I)(iii) or section
135(f)(10)(C) to--
(I) improve the capacity or
operation of such evacuation
route through communications
and intelligent transportation
system equipment and
infrastructure, counterflow
measures, and shoulders; and
(II) relocate such evacuation
route or provide a reasonable
alternative to such evacuation
route to address the risk of a
covered event;
(B) resilience planning activities, including
activities described in sections 134(i)(2)(I)
and 135(f)(10) of this title and sections
5303(i)(2)(I) and 5304(f)(10) of title 49; and
(C) the development of projects and programs
that help States, territories, and regions
recover from covered events that significantly
disrupt the transportation system, including--
(i) predisaster training programs
that help agencies and regional
stakeholders plan for and prepare
multimodal recovery efforts; and
(ii) the establishment of region-wide
telework training and programs.
(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).
(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 in the long-term;
(B) reduce the risk of disruption to a
surface transportation infrastructure asset
considered critical to support population
centers, freight movement, economic activity,
evacuation, recovery, national security
functions, or critical infrastructure; 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),
flooding, and an extreme event or other natural
disaster (including wildfires, seismic activity, and
landslides).
(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.
Sec. 125. Emergency relief
(a) In General.--Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary
for the repair or reconstruction of highways, roads, and
trails, in any area of the United States, including Indian
reservations, that the Secretary finds have suffered serious
damage as a result of--
(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm,
wildfire, or landslide; or
(2) catastrophic failure from any external cause.
[(b) Restriction on Eligibility.--
[(1) Definition of construction phase.--In this
subsection, 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.
[(2) Restriction.--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).]
[(c)] (b) Funding.--
(1) In general.--Subject to the limitations described
in paragraph (2), there are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as are necessary to
establish the fund authorized by this section and to
replenish that fund on an annual basis.
(2) Limitations.--The limitations referred to in
paragraph (1) are that--
(A) not more than $100,000,000 is authorized
to be obligated [in any 1 fiscal year
commencing after September 30, 1980,] in any
fiscal year to carry out this section, except
that, if for any fiscal year the total of all
obligations under this section is less than the
amount authorized to be obligated for the
fiscal year, the unobligated balance of that
amount shall--
(i) remain available until expended;
and
(ii) be in addition to amounts
otherwise available to carry out this
section for each year; and
(B)(i) pending such appropriation or
replenishment, the Secretary may obligate from
any funds appropriated at any time for
obligation in accordance with this title,
including existing Federal-aid appropriations,
such sums as are necessary for the immediate
prosecution of the work herein authorized; and
(ii) funds obligated under this subparagraph
shall be reimbursed from the appropriation or
replenishment.
[(d)] (c) Eligibility.--
[(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, except that--
[(A) no funds shall be so expended unless 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
[(B) 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 2 years after the natural
disaster or catastrophic failure.
[(2) Cost limitation.--
[(A) Definition of comparable facility.--In
this paragraph, 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.
[(B) Limitation.--The total cost of a project
funded under this section may not exceed the
cost of repair or reconstruction of a
comparable facility.]
(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 2 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.
(C) Repeatedly damaged facilities.--An
application submitted under this section for
the permanent repair or reconstruction of a
repeatedly damaged facility shall include
consideration and, if feasible, incorporation
of economically justifiable betterments,
including protective features, to increase the
resilience of such 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).
[(3)] (4) Debris removal.--The costs of debris
removal shall be an eligible expense under this section
only for--
(A) an event not declared a major disaster or
emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(B) an event declared a major disaster or
emergency by the President under that Act if
the debris removal is not eligible for
assistance under section 403, 407, or 502 of
that Act (42 U.S.C. 5170b, 5173, 5192); or
(C) projects eligible for assistance under
this section located on tribal transportation
facilities, Federal lands transportation
facilities, or other federally owned roads that
are open to public travel [(as defined in
subsection (e)(1))].
(5) Substitute traffic.--Notwithstanding any other
provision of this section, actual and necessary costs
of maintenance and operation of ferryboats or
additional transit service providing temporary
substitute highway traffic service, less the amount of
fares charged for comparable service, may be expended
from the emergency fund authorized by this section for
Federal-aid highways.
[(e)] (d) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal Lands.--
[(1) Definitions.--In this subsection, the following
definitions apply:
[(A) 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--
[(i) is maintained;
[(ii) is open to the general public;
and
[(iii) 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.
[(B) 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.]
[(2)] (1) Expenditure of funds.--Notwithstanding
[subsection (d)(1)] subsection (c)(1), the Secretary
may expend funds from the emergency fund authorized by
this section, independently or in cooperation with any
other branch of the Federal Government, a State agency,
a tribal government, an organization, or a person, for
the repair or reconstruction of tribal transportation
facilities, Federal lands transportation facilities,
and other federally owned roads that are open to public
travel, whether or not those facilities are Federal-aid
highways.
[(3)] (2) Reimbursement.--
(A) In general.--The Secretary may reimburse
Federal and State agencies (including political
subdivisions) for expenditures made for
projects determined eligible under this
section, including expenditures for emergency
repairs made before a determination of
eligibility.
(B) Transfers.--With respect to
reimbursements described in subparagraph (A)--
(i) those reimbursements to Federal
agencies and Indian tribal governments
shall be transferred to the account
from which the expenditure was made, or
to a similar account that remains
available for obligation; and
(ii) the budget authority associated
with the expenditure shall be restored
to the agency from which the authority
was derived and shall be available for
obligation until the end of the fiscal
year following the year in which the
transfer occurs.
[(f)] (e) Treatment of Territories.--For purposes of this
section, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall be
considered to be States and parts of the United States, and the
chief executive officer of each such territory shall be
considered to be a Governor of a State.
[(g)] (f) Protecting Public Safety and Maintaining
Roadways.--The Secretary may use not more than 5 percent of
amounts from the emergency fund authorized by this section to
carry out projects that the Secretary determines are necessary
to protect the public safety or to maintain or protect roadways
that are included within the scope of an emergency declaration
by the Governor of the State or by the President, in accordance
with this section, and the Governor deems to be an ongoing
concern in order to maintain vehicular traffic on the roadway.
(g) Imposition of Deadline.--
(1) In general.--Notwithstanding any other provision
of law, the Secretary may not require any project
funded under this section to advance to the
construction obligation stage before the date that is
the last day of the sixth fiscal year after the later
of--
(A) the date on which the Governor declared
the emergency, as described in subsection
(c)(2)(A)(i); or
(B) the date on which the President declared
the emergency to be a major disaster, as
described in such subsection.
(2) Extension of deadline.--If the Secretary imposes
a deadline for advancement to the construction
obligation stage pursuant to paragraph (1), the
Secretary may, upon the request of the Governor of the
State, issue an extension of not more than 1 year to
complete such advancement, and may issue additional
extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has
provided suitable justification to warrant such an
extension.
(h) Hazard Mitigation Pilot Program.--
(1) In general.--The Secretary shall establish a
hazard mitigation pilot program for the purpose of
mitigating future hazards posed to Federal-aid
highways, Federal lands transportation facilities, and
Tribal transportation facilities.
(2) Allocation of funds.--
(A) Authorization of appropriations.--There
is authorized to be appropriated such sums as
may be necessary for the pilot program
established under this subsection.
(B) Calculation.--Annually, the Secretary
shall calculate the total amount of outstanding
eligible repair costs under the emergency
relief program under this section, including
the emergency relief backlog, for each State,
territory, and Indian Tribe.
(C) Allocation.--Any amounts made available
under this subsection shall be distributed to
each State, territory, or Indian Tribe based
on--
(i) the ratio that the total amount
of outstanding eligible repair costs
for such State, territory, or Indian
Tribe, as described under subparagraph
(B); bears to
(ii) the total amount of outstanding
eligible repair costs for all States,
territories, and Indian Tribes, as
described under subparagraph (B).
(D) Limitation.--The allocation to a State,
territory, or Indian Tribe described under
subparagraph (C) shall not exceed 5 percent of
the total amount of outstanding eligible repair
costs under the emergency relief program for
such State, territory, or Indian Tribe, as
described in subparagraph (B).
(3) Eligible activities.--Amounts made available
under this subsection shall be used for protective
features or other hazard mitigation activities that--
(A) the Secretary determines are cost
effective and that reduce the risk of, or
increase the resilience to, future damage to
existing assets as a result of natural
disasters; and
(B) are eligible under section 124.
(4) Report.--For each fiscal year in which funding is
made available for the program under this subsection,
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 detailing--
(A) a description of the activities carried
out under the pilot program;
(B) an evaluation of the effectiveness of the
pilot program in meeting purposes described in
paragraph (1); and
(C) policy recommendations to improve the
effectiveness of the pilot program.
(5) Sunset.--The authority provided under this
subsection shall terminate on October 1, 2025.
(i) Improving the Emergency Relief Program.--Not later than 1
year after the date of enactment of the INVEST in America Act,
the Secretary shall--
(1) revise the emergency relief manual of the Federal
Highway Administration--
(A) to include and reflect the definition of
the term ``resilience'' (as defined in section
101(a));
(B) to identify procedures that States may
use to incorporate resilience into emergency
relief projects; and
(C) to consider economically justified
betterments in emergency relief projects, such
as--
(i) protective features that increase
the resilience of the facility; and
(ii) incorporation of context
sensitive design principles and other
planned betterments that improve the
safety of the facility;
(2) consider transportation system access for
moderate and low-income families impacted by a major
disaster or emergency declared by the President under
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170);
(3) develop best practices for improving the use of
resilience in--
(A) the emergency relief program under this
section; and
(B) emergency relief efforts;
(4) provide to division offices of the Federal
Highway Administration and State departments of
transportation information on the best practices
developed under paragraph (2); and
(5) develop and implement a process to track--
(A) the consideration of resilience as part
of the emergency relief program under this
section; and
(B) the costs of emergency relief projects.
(j) 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.
Sec. 126. Transferability of Federal-aid highway funds
(a) In General.--Notwithstanding any other provision of law,
subject to subsection (b), a State may transfer from an
apportionment under section 104(b) not to exceed 50 percent of
the amount apportioned for the fiscal year to any other
apportionment of the State under that section.
(b) Application to Certain Set-Asides and Programs.--
(1) In general.--Funds that are subject to sections
104(d) [and 133(d)(1)(A)], 130, 133(d)(1)(A), 133(h),
148(m), 149, 151(f), and 171 shall not be transferred
under this section.
[(2) Funds transferred by states.--Funds transferred
by a State under this section of the funding reserved
for the State under section 133(h) for a fiscal year
may only come from the portion of those funds that are
available for obligation in any area of the State under
section 133(h).]
(2) Environmental programs.--With respect to an
apportionment under either paragraph (4) or paragraph
(9) of section 104(b), and notwithstanding paragraph
(1), 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. 127. Vehicle weight limitations--Interstate System
(a) In General.--
(1) The Secretary shall withhold 50 percent of the
apportionment of a State under section 104(b)(1) in any
fiscal year in which the State does not permit the use
of The Dwight D. Eisenhower System of Interstate and
Defense Highways within its boundaries by vehicles with
a weight of twenty thousand pounds carried on any one
axle, including enforcement tolerances, or with a
tandem axle weight of thirty-four thousand pounds,
including enforcement tolerances, or a gross weight of
at least eighty thousand pounds for vehicle
combinations of five axles or more.
(2) However, the maximum gross weight to be allowed
by any State for vehicles using The Dwight D.
Eisenhower System of Interstate and Defense Highways
shall be twenty thousand pounds carried on one axle,
including enforcement tolerances, and a tandem axle
weight of thirty-four thousand pounds, including
enforcement tolerances and with an overall maximum
gross weight, including enforcement tolerances, on a
group of two or more consecutive axles produced by
application of the following formula:
where W equals overall gross weight on any group of two or more
consecutive axles to the nearest five hundred pounds, L equals
distance in feet between the extreme of any group of two or
more consecutive axles, and N equals number of axles in group
under consideration, except that two consecutive sets of tandem
axles may carry a gross load of thirty-four thousand pounds
each providing the overall distance between the first and last
axles of such consecutive sets of tandem axles (1) is thirty-
six feet or more, or (2) in the case of a motor vehicle hauling
any tank trailer, dump trailer, or ocean transport container
before September 1, 1989, is 30 feet or more: Provided, That
such overall gross weight may not exceed eighty thousand
pounds, including all enforcement tolerances, except for
vehicles using Interstate Route 29 between Sioux City, Iowa,
and the border between Iowa and South Dakota or vehicles using
Interstate Route 129 between Sioux City, Iowa, and the border
between Iowa and Nebraska, and except for those vehicles and
loads which cannot be easily dismantled or divided and which
have been issued special permits in accordance with applicable
State laws, or the corresponding maximum weights permitted for
vehicles using the public highways of such State under laws or
regulations established by appropriate State authority in
effect on July 1, 1956, except in the case of the overall gross
weight of any group of two or more consecutive axles on any
vehicle (other than a vehicle comprised of a motor vehicle
hauling any tank trailer, dump trailer, or ocean transport
container on or after September 1, 1989), on the date of
enactment of the Federal-Aid Highway Amendments of 1974,
whichever is the greater.
(3) Any amount which is withheld from apportionment
to any State pursuant to the foregoing provisions shall
lapse if not released and obligated within the
availability period specified in section 118(b).
(4) This section shall not be construed to deny
apportionment to any State allowing the operation
within such State of any vehicles or combinations
thereof, other than vehicles or combinations subject to
subsection (d) of this section, which the State
determines could be lawfully operated within such State
on July 1, 1956, except in the case of the overall
gross weight of any group of two or more consecutive
axles, on the date of enactment of the Federal-Aid
Highway Amendments of 1974.
(5) With respect to the State of Hawaii, laws or
regulations in effect on February 1, 1960, shall be
applicable for the purposes of this section in lieu of
those in effect on July 1, 1956.
(6) With respect to the State of Colorado, vehicles
designed to carry 2 or more precast concrete panels
shall be considered a nondivisible load.
(7) With respect to the State of Michigan, laws or
regulations in effect on May 1, 1982, shall be
applicable for the purposes of this subsection.
(8) With respect to the State of Maryland, laws and
regulations in effect on June 1, 1993, shall be
applicable for the purposes of this subsection.
(9) The State of Louisiana may allow, by special
permit, the operation of vehicles with a gross vehicle
weight of up to 100,000 pounds for the hauling of
sugarcane during the harvest season, not to exceed 100
days annually.
(10) With respect to Interstate Routes 89, 93, and 95
in the State of New Hampshire--
(A) State laws (including regulations)
concerning vehicle weight limitations that were
in effect on January 1, 1987, and are
applicable to State highways other than the
Interstate System, shall be applicable in lieu
of the requirements of this subsection; and
(B) effective June 30, 2016, a combination of
truck-tractor and dump trailer equipped with 6
axles or more with a gross weight of up to
99,000 pounds shall be permitted if the
distances between the extreme axles, excluding
the steering axle, is 28 feet or more.
(11)(A) With respect to all portions of the
Interstate Highway System in the State of Maine, laws
(including regulations) of that State concerning
vehicle weight limitations applicable to other State
highways shall be applicable in lieu of the
requirements under this subsection.
(B) With respect to all portions of the Interstate
Highway System in the State of Vermont, laws (including
regulations) of that State concerning vehicle weight
limitations applicable to other State highways shall be
applicable in lieu of the requirements under this
subsection.
(12) Heavy duty vehicles.--
(A) In general.--Subject to subparagraphs (B)
and (C), in order to promote reduction of fuel
use and emissions because of engine idling, the
maximum gross vehicle weight limit and the axle
weight limit for any heavy-duty vehicle
equipped with an idle reduction technology
shall be increased by a quantity necessary to
compensate for the additional weight of the
idle reduction system.
(B) Maximum weight increase.--The weight
increase under subparagraph (A) shall be not
greater than 550 pounds.
(C) Proof.--On request by a regulatory agency
or law enforcement agency, the vehicle operator
shall provide proof (through demonstration or
certification) that--
(i) the idle reduction technology is
fully functional at all times; and
(ii) the 550-pound gross weight
increase is not used for any purpose
other than the use of idle reduction
technology described in subparagraph
(A).
(13) Milk products.--A vehicle carrying fluid milk
products shall be considered a load that cannot be
easily dismantled or divided.
(b) Reasonable Access.--No State may enact or enforce any law
denying reasonable access to motor vehicles subject to this
title to and from the Interstate Highway System to terminals
and facilities for food, fuel, repairs, and rest.
(c) Ocean Transport Container Defined.--For purposes of this
section, the term ``ocean transport container'' has the meaning
given the term ``freight container'' by the International
Standards Organization in Series 1, Freight Containers, 3rd
Edition (reference number IS0668-1979(E)) as in effect on the
date of the enactment of this subsection.
(d) Longer Combination Vehicles.--
(1) Prohibition.--
(A) General continuation rule.--A longer
combination vehicle may continue to operate
only if the longer combination vehicle
configuration type was authorized by State
officials pursuant to State statute or
regulation conforming to this section and in
actual lawful operation on a regular or
periodic basis (including seasonal operations)
on or before June 1, 1991, or pursuant to
section 335 of the Department of Transportation
and Related Agencies Appropriations Act, 1991
(104 Stat. 2186).
(B) Applicability of state laws and
regulations.--All such operations shall
continue to be subject to, at the minimum, all
State statutes, regulations, limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions, in
force on June 1, 1991; except that subject to
such regulations as may be issued by the
Secretary pursuant to paragraph (5) of this
subsection, the State may make minor
adjustments of a temporary and emergency nature
to route designations and vehicle operating
restrictions in effect on June 1, 1991, for
specific safety purposes and road construction.
(C) Wyoming.--In addition to those vehicles
allowed under subparagraph (A), the State of
Wyoming may allow the operation of additional
vehicle configurations not in actual operation
on June 1, 1991, but authorized by State law
not later than November 3, 1992, if such
vehicle configurations comply with the single
axle, tandem axle, and bridge formula limits
set forth in subsection (a) and do not exceed
117,000 pounds gross vehicle weight.
(D) Ohio.--In addition to vehicles which the
State of Ohio may continue to allow to be
operated under subparagraph (A), such State may
allow longer combination vehicles with 3 cargo
carrying units of 281/2 feet each (not
including the truck tractor) not in actual
operation on June 1, 1991, to be operated
within its boundaries on the 1-mile segment of
Ohio State Route 7 which begins at and is south
of exit 16 of the Ohio Turnpike.
(E) Alaska.--In addition to vehicles which
the State of Alaska may continue to allow to be
operated under subparagraph (A), such State may
allow the operation of longer combination
vehicles which were not in actual operation on
June 1, 1991, but which were in actual
operation prior to July 5, 1991.
(F) Iowa.--In addition to vehicles that the
State of Iowa may continue to allow to be
operated under subparagraph (A), the State may
allow longer combination vehicles that were not
in actual operation on June 1, 1991, to be
operated on Interstate Route 29 between Sioux
City, Iowa, and the border between Iowa and
South Dakota or Interstate Route 129 between
Sioux City, Iowa, and the border between Iowa
and Nebraska.
(2) Additional state restrictions.--
(A) In general.--Nothing in this subsection
shall prevent any State from further
restricting in any manner or prohibiting the
operation of longer combination vehicles
otherwise authorized under this subsection;
except that such restrictions or prohibitions
shall be consistent with the requirements of
sections 31111-31114 of title 49.
(B) Minor adjustments.--Any State further
restricting or prohibiting the operations of
longer combination vehicles or making minor
adjustments of a temporary and emergency nature
as may be allowed pursuant to regulations
issued by the Secretary pursuant to paragraph
(5) of this subsection, shall, within 30 days,
advise the Secretary of such action, and the
Secretary shall publish a notice of such action
in the Federal Register.
(3) Publication of list.--
(A) Submission to secretary.--Within 60 days
of the date of the enactment of this
subsection, each State (i) shall submit to the
Secretary for publication in the Federal
Register a complete list of (I) all operations
of longer combination vehicles being conducted
as of June 1, 1991, pursuant to State statutes
and regulations; (II) all limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions,
governing the operation of longer combination
vehicles otherwise prohibited under this
subsection; and (III) such statutes,
regulations, limitations, and conditions; and
(ii) shall submit to the Secretary copies of
such statutes, regulations, limitations, and
conditions.
(B) Interim list.--Not later than 90 days
after the date of the enactment of this
subsection, the Secretary shall publish an
interim list in the Federal Register,
consisting of all information submitted
pursuant to subparagraph (A). The Secretary
shall review for accuracy all information
submitted by the States pursuant to
subparagraph (A) and shall solicit and consider
public comment on the accuracy of all such
information.
(C) Limitation.--No statute or regulation
shall be included on the list submitted by a
State or published by the Secretary merely on
the grounds that it authorized, or could have
authorized, by permit or otherwise, the
operation of longer combination vehicles, not
in actual operation on a regular or periodic
basis on or before June 1, 1991.
(D) Final list.--Except as modified pursuant
to paragraph (1)(C) of this subsection, the
list shall be published as final in the Federal
Register not later than 180 days after the date
of the enactment of this subsection. In
publishing the final list, the Secretary shall
make any revisions necessary to correct
inaccuracies identified under subparagraph (B).
After publication of the final list, longer
combination vehicles may not operate on the
Interstate System except as provided in the
list.
(E) Review and correction procedure.--The
Secretary, on his or her own motion or upon a
request by any person (including a State),
shall review the list issued by the Secretary
pursuant to subparagraph (D). If the Secretary
determines there is cause to believe that a
mistake was made in the accuracy of the final
list, the Secretary shall commence a proceeding
to determine whether the list published
pursuant to subparagraph (D) should be
corrected. If the Secretary determines that
there is a mistake in the accuracy of the list
the Secretary shall correct the publication
under subparagraph (D) to reflect the
determination of the Secretary.
(4) Longer combination vehicle defined.--For purposes
of this section, the term ``longer combination
vehicle'' means any combination of a truck tractor and
2 or more trailers or semitrailers which operates on
the Interstate System at a gross vehicle weight greater
than 80,000 pounds.
(5) Regulations regarding minor adjustments.--Not
later than 180 days after the date of the enactment of
this subsection, the Secretary shall issue regulations
establishing criteria for the States to follow in
making minor adjustments under paragraph (1)(B).
(e) Operation of Certain Specialized Hauling Vehicles on
Interstate Route 68.--The single axle, tandem axle, and bridge
formula limits set forth in subsection (a) shall not apply to
the operation on Interstate Route 68 in Garrett and Allegany
Counties, Maryland, of any specialized vehicle equipped with a
steering axle and a tridem axle and used for hauling coal,
logs, and pulpwood if such vehicle is of a type of vehicle as
was operating in such counties on United States Route 40 or 48
for such purpose on August 1, 1991.
(f) Operation of Certain Specialized Hauling Vehicles on
Certain Wisconsin Highways.--If the 104-mile portion of
Wisconsin State Route 78 and United States Route 51 between
Interstate Route 94 near Portage, Wisconsin, and Wisconsin
State Route 29 south of Wausau, Wisconsin, is designated as
part of the Interstate System under section 103(c)(4)(A), the
single axle weight, tandem axle weight, gross vehicle weight,
and bridge formula limits set forth in subsection (a) shall not
apply to the 104-mile portion with respect to the operation of
any vehicle that could legally operate on the 104-mile portion
before the date of the enactment of this subsection.
(g) Operation of Certain Specialized Hauling Vehicles on
Certain Pennsylvania Highways.--If the segment of United States
Route 220 between Bedford and Bald Eagle, Pennsylvania, is
designated as part of the Interstate System, the single axle
weight, tandem axle weight, gross vehicle weight, and bridge
formula limits set forth in subsection (a) shall not apply to
that segment with respect to the operation of any vehicle which
could have legally operated on that segment before the date of
the enactment of this subsection.
(h) Waiver for a Route in State of Maine During Periods of
National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, the Secretary, in consultation with
the Secretary of Defense, may waive or limit the
application of any vehicle weight limit established
under this section with respect to the portion of
Interstate Route 95 in the State of Maine between
Augusta and Bangor for the purpose of making bulk
shipments of jet fuel to the Air National Guard Base at
Bangor International Airport during a period of
national emergency in order to respond to the effects
of the national emergency.
(2) Applicability.--Emergency limits established
under paragraph (1) shall preempt any inconsistent
State vehicle weight limits.
(i) Special Permits During Periods of National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, a State may issue special permits
during an emergency to overweight vehicles and loads
that can easily be dismantled or divided if--
(A) the President has declared the emergency
to be an emergency or a major disaster under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.);
(B) the permits are issued in accordance with
State law; and
(C) the permits are issued exclusively to
vehicles and loads that are delivering relief
supplies.
(2) Expiration.--A permit issued under paragraph (1)
shall expire not later than 120 days after the date of
the declaration of emergency under subparagraph (A) of
that paragraph.
(j) Operation of Vehicles on Certain Other Wisconsin
Highways.--If any segment of the United States Route 41
corridor, as described in section 1105(c)(57) of the Intermodal
Surface Transportation Efficiency Act of 1991, is designated as
a route on the Interstate System, a vehicle that could operate
legally on that segment before the date of such designation may
continue to operate on that segment, without regard to any
requirement under subsection (a).
(k) Operation of Vehicles on Certain Mississippi Highways.--
If any segment of United States Route 78 in Mississippi from
mile marker 0 to mile marker 113 is designated as part of the
Interstate System, no limit established under this section may
apply to that segment with respect to the operation of any
vehicle that could have legally operated on that segment before
such designation.
(l) Operation of Vehicles on Certain Kentucky Highways.--
(1) In general.--If any segment of highway described
in paragraph (2) is designated as a route on the
Interstate System, a vehicle that could operate legally
on that segment before the date of such designation may
continue to operate on that segment, without regard to
any requirement under subsection (a).
(2) Description of highway segments.--The highway
segments referred to in paragraph (1) are as follows:
(A) Interstate Route 69 in Kentucky (formerly
the Wendell H. Ford (Western Kentucky) Parkway)
from the Interstate Route 24 Interchange, near
Eddyville, to the Edward T. Breathitt
(Pennyrile) Parkway Interchange.
(B) The Edward T. Breathitt (Pennyrile)
Parkway (to be designated as Interstate Route
69) in Kentucky from the Wendell H. Ford
(Western Kentucky) Parkway Interchange to near
milepost 77, and on new alignment to an
interchange on the Audubon Parkway, if the
segment is designated as part of the Interstate
System.
(3) Additional highway segments.--
(A) In general.--If any segment of highway
described in clauses (i) through (iv) of this
subparagraph is designated as a route of the
Interstate System, a vehicle that could operate
legally on that segment before the date of such
designation may continue to operate on that
segment, without regard to any requirement
under subsection (a), except that such vehicle
shall not exceed a gross vehicle weight of
120,000 pounds. The highway segments referred
to in this paragraph are as follows:
(i) The William H. Natcher Parkway
(to be designated as a spur of
Interstate Route 65) from Interstate
Route 65 in Bowling Green, Kentucky, to
United States Route 60 in Owensboro,
Kentucky.
(ii) The Julian M. Carroll (Purchase)
Parkway (to be designated as Interstate
Route 69) in Kentucky from the
Tennessee state line to the interchange
with Interstate Route 24, near Calvert
City.
(iii) The Wendell H. Ford (Western
Kentucky) Parkway (to be designated as
a spur of Interstate Route 69) from the
interchange with the William H. Natcher
Parkway in Ohio County, Kentucky, west
to the interchange of the Western
Kentucky Parkway with the Edward T.
Breathitt (Pennyrile) Parkway.
(iv) The Edward T. Breathitt
(Pennyrile) Parkway (to be designated
as a spur of Interstate Route 69) from
Interstate 24, north to Interstate 69.
(B) Nondivisible load or vehicle.--Nothing in
this paragraph shall prohibit the State from
issuing a permit for a nondivisible load or
vehicle with a gross vehicle weight that
exceeds 120,000 pounds.
(m) Covered Heavy-duty Tow and Recovery Vehicles.--
(1) In general.--The vehicle weight limitations set
forth in this section do not apply to a covered heavy-
duty tow and recovery vehicle.
(2) Covered heavy-duty tow and recovery vehicle
defined.--In this subsection, the term ``covered heavy-
duty tow and recovery vehicle'' means a vehicle that--
(A) is transporting a disabled vehicle from
the place where the vehicle became disabled to
the nearest appropriate repair facility; and
(B) has a gross vehicle weight that is equal
to or exceeds the gross vehicle weight of the
disabled vehicle being transported.
(n) Operation of Vehicles on Certain Highways in the State of
Texas.--If any segment in the State of Texas of United States
Route 59, United States Route 77, United States Route 281,
United States Route 84, Texas State Highway 44, or another
roadway is designated as Interstate Route 69, a vehicle that
could operate legally on that segment before the date of the
designation may continue to operate on that segment, without
regard to any requirement under this section.
(o) Certain Logging Vehicles in the State of Wisconsin.--
(1) In general.--The Secretary shall waive, with
respect to a covered logging vehicle, the application
of any vehicle weight limit established under this
section.
(2) Covered logging vehicle defined.--In this
subsection, the term ``covered logging vehicle'' means
a vehicle that--
(A) is transporting raw or unfinished forest
products, including logs, pulpwood, biomass, or
wood chips;
(B) has a gross vehicle weight of not more
than 98,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate
Route 39 in the State of Wisconsin from mile
marker 175.8 to mile marker 189.
(p) Operation of Certain Specialized Vehicles on Certain
Highways in the State of Arkansas.--If any segment of United
States Route 63 between the exits for highways 14 and 75 in the
State of Arkansas is designated as part of the Interstate
System, the single axle weight, tandem axle weight, gross
vehicle weight, and bridge formula limits under subsection (a)
and the width limitation under section 31113(a) of title 49
shall not apply to that segment with respect to the operation
of any vehicle that could operate legally on that segment
before the date of the designation.
(q) Certain Logging Vehicles in the State of Minnesota.--
(1) In general.--The Secretary shall waive, with
respect to a covered logging vehicle, the application
of any vehicle weight limit established under this
section.
(2) Covered logging vehicle defined.--In this
subsection, the term ``covered logging vehicle'' means
a vehicle that--
(A) is transporting raw or unfinished forest
products, including logs, pulpwood, biomass, or
wood chips;
(B) has a gross vehicle weight of not more
than 99,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate
Route 35 in the State of Minnesota from mile
marker 235.4 to mile marker 259.552.
(r) Emergency Vehicles.--
(1) In general.--Notwithstanding subsection (a), a
State shall not enforce against an emergency vehicle a
vehicle weight limit (up to a maximum gross vehicle
weight of 86,000 pounds) of less than--
(A) 24,000 pounds on a single steering axle;
(B) 33,500 pounds on a single drive axle;
(C) 62,000 pounds on a tandem axle; or
(D) 52,000 pounds on a tandem rear drive
steer axle.
(2) Emergency vehicle defined.--In this subsection,
the term ``emergency vehicle'' means a vehicle designed
to be used under emergency conditions--
(A) to transport personnel and equipment; and
(B) to support the suppression of fires and
mitigation of other hazardous situations.
[(s) Natural Gas and Electric Battery Vehicles.--A vehicle,
if operated by an engine fueled primarily by natural gas or
powered primarily by means of electric battery power, may
exceed the weight limit on the power unit by up to 2,000 pounds
(up to a maximum gross vehicle weight of 82,000 pounds) under
this section.]
(s) Natural Gas, Electric Battery, and Zero Emission
Vehicles.--A vehicle, if operated by an engine fueled primarily
by natural gas, powered primarily by means of electric battery
power, or fueled primarily by means of other zero emission fuel
technologies, may exceed the weight limit on the power unit by
up to 2,000 pounds (up to a maximum gross vehicle weight of
82,000 pounds) under this section.
(t) Vehicles in Idaho.--A vehicle limited or prohibited under
this section from operating on a segment of the Interstate
System in the State of Idaho may operate on such a segment if
such vehicle-
(1) has a gross vehicle weight of 129,000 pounds or
less;
(2) other than gross vehicle weight, complies with
the single axle, tandem axle, and bridge formula limits
set forth in subsection (a); and
(3) is authorized to operate on such segment under
Idaho State law.
(u) Vehicles in North Dakota.--A vehicle limited or
prohibited under this section from operating on a segment of
the Interstate System in the State of North Dakota may operate
on such a segment if such vehicle--
(1) has a gross vehicle weight of 129,000 pounds or
less;
(2) other than gross vehicle weight, complies with
the single axle, tandem axle, and bridge formula limits
set forth in subsection (a); and
(3) is authorized to operate on such segment under
North Dakota State law.
(v) Dry Bulk Weight Tolerance.--
(1) Definition of dry bulk goods.--In this
subsection, the term ``dry bulk goods'' means any
homogeneous unmarked nonliquid cargo being transported
in a trailer specifically designed for that purpose.
(2) Weight tolerance.--Notwithstanding any other
provision of this section, except for the maximum gross
vehicle weight limitation, a commercial motor vehicle
transporting dry bulk goods may not exceed 110 percent
of the maximum weight on any axle or axle group
described in subsection (a), including any enforcement
tolerance.
* * * * * * *
Sec. 129. Toll roads, bridges, tunnels, and ferries
(a) Basic Program.--
[(1) 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--
[(A) initial construction of a toll highway,
bridge, or tunnel or approach to the highway,
bridge, or tunnel;
[(B) 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;
[(C) 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;
[(D) reconstruction, resurfacing,
restoration, rehabilitation, or replacement of
a toll highway, bridge, or tunnel or approach
to the highway, bridge, or tunnel;
[(E) reconstruction or replacement of a toll-
free bridge or tunnel and conversion of the
bridge or tunnel to a toll facility;
[(F) 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;
[(G) 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;
[(H) conversion of a high occupancy vehicle
lane on a highway, bridge, or tunnel to a toll
facility; and
[(I) preliminary studies to determine the
feasibility of a toll facility for which
Federal participation is authorized under this
paragraph.]
(1) In general.--
(A) Authorization.--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
(ix) 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 under this
subsection, 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
requirements of this
subparagraph 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 subparagraph
(B), 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
subparagraph (B), 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 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 peak hour periods.
(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; or
(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) 35 miles per
hour, in the case of a
toll facility with a
speed limit of 45 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 the
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.
(2) Ownership.--Each highway, bridge, tunnel, or
approach to the highway, bridge, or tunnel constructed
under this subsection shall--
(A) be publicly owned; or
(B) be privately owned if the public
authority with jurisdiction over the highway,
bridge, tunnel, or approach has entered into a
contract with 1 or more private persons to
design, finance, construct, and operate the
facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the
facility.
(3) Limitations on use of revenues.--
(A) In general.--A public authority with
jurisdiction over a toll facility shall ensure
that all toll revenues received from operation
of the toll facility are used only for--
(i) debt service with respect to the
projects on or for which the tolls are
authorized, including funding of
reasonable reserves and debt service on
refinancing;
(ii) a reasonable return on
investment of any private person
financing the project, as determined by
the State or interstate compact of
States concerned;
(iii) any costs necessary for the
improvement and proper operation and
maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation;
(iv) if the toll facility is subject
to a public-private partnership
agreement, payments that the party
holding the right to toll revenues owes
to the other party under the public-
private partnership agreement; [and]
[(v) if the public authority
certifies annually that the tolled
facility is being adequately
maintained, any other purpose for which
Federal funds may be obligated by a
State under this title.]
(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.
[(B) 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.]
(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) Use of revenues.--A State or
public authority 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) Noncompliance.--If the Secretary
concludes that a public authority has not
complied with the limitations on the use of
revenues described in subparagraph (A), the
Secretary may require the public authority to
discontinue collecting tolls until an agreement
with the Secretary is reached to achieve
compliance with the limitation on the use of
revenues described in subparagraph (A).
(4) Special rule for funding.--
(A) In general.--In the case of a toll
facility under the jurisdiction of a public
authority of a State (other than the State
transportation department), on request of the
State transportation department and subject to
such terms and conditions as the department and
public authority may agree, the Secretary,
working through the State department of
transportation, shall reimburse the public
authority for the Federal share of the costs of
construction of the project carried out on the
toll facility under this subsection in the same
manner and to the same extent as the department
would be reimbursed if the project was being
carried out by the department.
(B) Source.--The reimbursement of funds under
this paragraph shall be from sums apportioned
to the State under this chapter and available
for obligations on projects on the Federal-aid
highways in the State on which the project is
being carried out.
(5) Limitation on federal share.--The Federal share
payable for a project described in paragraph (1) shall
be a percentage determined by the State, but not to
exceed 80 percent.
(6) Modifications.--If a public authority (including
a State transportation department) with jurisdiction
over a toll facility subject to an agreement under this
section or section 119(e), as in effect on the day
before the effective date of title I of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 1915), requests modification of the agreement,
the Secretary shall modify the agreement to allow the
continuation of tolls in accordance with paragraph (3)
without repayment of Federal funds.
(7) Loans.--
(A) In general.--
(i) Loans.--Using amounts made
available under this title, a State may
loan to a public or private entity
constructing or proposing to construct
under this section a toll facility or
non-toll facility with a dedicated
revenue source an amount equal to all
or part of the Federal share of the
cost of the project if the project has
a revenue source specifically dedicated
to the project.
(ii) Dedicated revenue sources.--
Dedicated revenue sources for non-toll
facilities include excise taxes, sales
taxes, motor vehicle use fees, tax on
real property, tax increment financing,
and such other dedicated revenue
sources as the Secretary determines
appropriate.
(B) Compliance with federal laws.--As a
condition of receiving a loan under this
paragraph, the public or private entity that
receives the loan shall ensure that the project
will be carried out in accordance with this
title and any other applicable Federal law,
including any applicable provision of a Federal
environmental law.
(C) Subordination of debt.--The amount of any
loan received for a project under this
paragraph may be subordinated to any other debt
financing for the project.
(D) Obligation of funds loaned.--Funds loaned
under this paragraph may only be obligated for
projects under this paragraph.
(E) Repayment.--The repayment of a loan made
under this paragraph shall commence not later
than 5 years after date on which the facility
that is the subject of the loan is open to
traffic.
(F) Term of loan.--The term of a loan made
under this paragraph shall not exceed 30 years
from the date on which the loan funds are
obligated.
(G) Interest.--A loan made under this
paragraph shall bear interest at or below
market interest rates, as determined by the
State, to make the project that is the subject
of the loan feasible.
(H) Reuse of funds.--Amounts repaid to a
State from a loan made under this paragraph may
be obligated--
(i) for any purpose for which the
loan funds were available under this
title; and
(ii) for the purchase of insurance or
for use as a capital reserve for other
forms of credit enhancement for project
debt in order to improve credit market
access or to lower interest rates for
projects eligible for assistance under
this title.
(I) Guidelines.--The Secretary shall
establish procedures and guidelines for making
loans under this paragraph.
(8) State law permitting tolling.--If a State does
not have a highway, bridge, or tunnel toll facility [as
of the date of enactment of the MAP-21, before
commencing any activity authorized], before commencing
any activity authorized under this section, the State
shall have in effect a law that permits tolling on a
highway, bridge, or tunnel.
(9) Equal access for over-the-road buses.--An over-
the-road [bus] vehicle that serves the public shall be
provided access to a toll facility under the same
rates, terms, and conditions as public transportation
[buses] vehicles.
[(10) Definitions.--In this subsection, the following
definitions apply:
[(A) High occupancy vehicle; hov.--The term
``high occupancy vehicle'' or ``HOV'' means a
vehicle with not fewer than 2 occupants.
[(B) 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.
[(C) 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).
[(D) Public authority.--The term ``public
authority'' means a State, interstate compact
of States, or public entity designated by a
State.
[(E) Toll facility.--The term ``toll
facility'' means a toll highway, bridge, or
tunnel or approach to the highway, bridge, or
tunnel constructed under this subsection.]
(10) Interoperability of electronic toll
collection.--
(A) In general.--All toll facilities on
Federal-aid highways shall provide for the
regional interoperability of electronic toll
collection, including through technologies or
business practices.
(B) Prohibition on restriction.--No State, or
any political subdivision thereof, shall
restrict the information that is shared across
public and private toll facility operators or
their agents or contractors for purposes of
facilitating, operating, or maintaining
electronic toll collection programs.
(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) Notwithstanding the provisions of section 301 of this
title, the Secretary may permit Federal participation under
this title in the construction of a project constituting an
approach to a ferry, whether toll or free, the route of which
is a public road and has not been designated as a route on the
Interstate System. Such ferry may be either publicly or
privately owned and operated, but the operating authority and
the amount of fares charged for passage shall be under the
control of a State agency or official, and all revenues derived
from publicly owned or operated ferries shall be applied to
payment of the cost of construction or acquisition thereof,
including debt service, and to actual and necessary costs of
operation, maintenance, repair, and replacement.
(c) Notwithstanding section 301 of this title, the Secretary
may permit Federal participation under this title in the
construction of ferry boats and ferry terminal facilities,
whether toll or free, subject to the following conditions:
(1) It is not feasible to build a bridge, tunnel,
combination thereof, or other normal highway structure
in lieu of the use of such ferry.
(2) The operation of the ferry shall be on a route
classified as a public road within the State and which
has not been designated as a route on the Interstate
System or on a public transit ferry eligible under
chapter 53 of title 49. Projects under this subsection
may be eligible for both ferry boats carrying cars and
passengers and ferry boats carrying passengers only.
(3)(A) The ferry boat or ferry terminal facility
shall be publicly owned or operated or majority
publicly owned if the Secretary determines with respect
to a majority publicly owned ferry or ferry terminal
facility that such ferry boat or ferry terminal
facility provides substantial public benefits.
(B) Any Federal participation shall not involve the
construction or purchase, for private ownership, of a
ferry boat, ferry terminal facility, or other eligible
project under this section.
(4) The operating authority and the amount of fares
charged for passage on such ferry shall be under the
control of the State or other public entity, and all
revenues derived therefrom shall be applied to actual
and necessary costs of operation, maintenance, repair,
debt service, negotiated management fees, and, in the
case of a privately operated toll ferry, for a
reasonable rate of return.
(5) Such ferry may be operated only within the State
(including the islands which comprise the State of
Hawaii and the islands which comprise any territory of
the United States) or between adjoining States or
between a point in a State and a point in the Dominion
of Canada. Except with respect to operations between
the islands which comprise the State of Hawaii,
operations between the islands which comprise any
territory of the United States, operations between a
point in a State and a point in the Dominion of Canada,
and operations between any two points in Alaska and
between Alaska and Washington, including stops at
appropriate points in the Dominion of Canada, no part
of such ferry operation shall be in any foreign or
international waters.
(6) The ferry service shall be maintained in
accordance with section 116.
(7)(A) No ferry boat or ferry terminal with Federal
participation under this title may be sold, leased, or
otherwise disposed of, except in accordance with part
200 of title 2, Code of Federal Regulations.
(B) The Federal share of any proceeds from a
disposition referred to in subparagraph (A) shall be
used for eligible purposes under this title.
Sec. 130. [Railway-highway crossings] Railway crossings
(a) [Subject to section 120 and subsection (b) of this
section, the entire] In General._The cost of construction of
projects for the elimination of hazards of railway-highway
crossings, including the separation or protection of grades at
crossings, the reconstruction of existing railroad grade
crossing structures, the relocation of highways to eliminate
grade crossings, and projects at grade crossings to eliminate
hazards posed by blocked grade crossings due to idling trains,
may be paid from sums apportioned in accordance with section
104 of this title. In any case when the elimination of the
hazards of a railway-highway crossing can be effected by the
relocation of a portion of a railway at a cost estimated by the
Secretary to be less than the cost of such elimination by one
of the methods mentioned in the first sentence of this section,
[then the entire] the cost of such relocation project[, subject
to section 120 and subsection (b) of this section,] may be paid
from sums apportioned in accordance with section 104 of this
title.
[(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway
crossings, and may set for each such classification a
percentage of the costs of construction which shall be deemed
to represent the net benefit to the railroad or railroads for
the purpose of determining the railroad's share of the cost of
construction. The percentage so determined shall in no case
exceed 10 per centum. The Secretary shall determine the
appropriate classification of each project.]
(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.
(c) [Any railroad involved] Benefit._Any railroad involved
in a project for the elimination of hazards of railway-highway
crossings paid for in whole or in part from sums made available
for expenditure under this title, or prior Acts, shall be
liable to the United States for [the net benefit] the cost
associated with the benefit to the railroad determined under
the classification of such project made pursuant to subsection
(b) of this section. Such liability to the United States may be
discharged by direct payment to the State transportation
department of the State in which the project is located, in
which case such payment shall be credited to the cost of the
project. [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.] If any such railroad
fails to discharge such liability within a six-month period
after completion of the project, it shall be liable to the
United States for its share of the cost, and the Secretary
shall request the Attorney General to institute proceedings
against such railroad for the recovery of the amount for which
it is liable under this subsection. The Attorney General is
authorized to bring such proceedings on behalf of the United
States, in the appropriate district court of the United States,
and the United States shall be entitled in such proceedings to
recover such sums as it is considered and adjudged by the court
that such railroad is liable for in the premises. Any amounts
recovered by the United States under this subsection shall be
credited to miscellaneous receipts.
(d) Survey and Schedule of Projects.--Each State shall
conduct and systematically maintain a survey of all highways to
identify those railroad crossings which may require separation,
relocation, or protective devices, and establish and implement
a schedule of projects for this purpose. At a minimum, such a
schedule shall provide signs for all railway-highway crossings.
[(e) Funds for Protective Devices.--
[(1) In general.--
[(A) Set aside.--Before making an
apportionment under section 104(b)(3) for a
fiscal year, the Secretary shall set aside,
from amounts made available to carry out the
highway safety improvement program under
section 148 for such fiscal year, for the
elimination of hazards and the installation of
protective devices at railway-highway crossings
at least--
[(i) $225,000,000 for fiscal year
2016;
[(ii) $230,000,000 for fiscal year
2017;
[(iii) $235,000,000 for fiscal year
2018;
[(iv) $240,000,000 for fiscal year
2019; and
[(v) $245,000,000 for fiscal year
2020.
[(B) Installation of protective devices.--At
least 1/2 of the funds set aside each fiscal
year under subparagraph (A) shall be available
for the installation of protective devices at
railway-highway crossings.
[(C) Obligation availability.--Sums set aside
each fiscal year under subparagraph (A) shall
be available for obligation in the same manner
as funds apportioned under section 104(b)(1).
[(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.
[(f) Apportionment.--
[(1) Formula.--Fifty percent of the funds set aside
to carry out this section pursuant to subsection (e)(1)
shall be apportioned to the States in accordance with
the formula set forth in section 104(b)(3)(A) as in
effect on the day before the date of enactment of the
MAP-21, and 50 percent of such funds shall be
apportioned to the States in the ratio that total
public railway-highway crossings in each State bears to
the total of such crossings in all States.
[(2) Minimum apportionment.--Notwithstanding
paragraph (1), each State shall receive a minimum of
one-half of 1 percent of the funds apportioned under
paragraph (1).
[(3) Federal share.--The Federal share payable on
account of any project financed with funds set aside to
carry out this section shall be 90 percent of the cost
thereof.
[(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works and the Committee on Commerce, Science, and
Transportation, of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, not later than April 1, 2006, and every 2
years thereafter,, on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.]
(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 or installation of
protective devices (including replacement of
functionally obsolete 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.
(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.
(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 projects to
improve railway crossing safety.
(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 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.
(h) Use of Funds for Matching.--Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the
local government produces matching funds for the improvement of
railway-highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures.--
(1) In general.--Notwithstanding any other provision
of this section and subject to paragraphs (2) and (3),
a State may, from sums available to the State under
this section, make incentive payments to local
governments in the State upon the permanent closure by
such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads.--A State may not
make an incentive payment under paragraph (1) to a
local government with respect to the closure of a
crossing unless the railroad owning the tracks on which
the crossing is located makes an incentive payment to
the government with respect to the closure.
(3) Amount of state payment.--The amount of the
incentive payment payable to a local government by a
State under paragraph (1) with respect to a crossing
may not exceed the lesser of--
(A) the amount of the incentive payment paid
to the government with respect to the crossing
by the railroad concerned under paragraph (2);
or
(B) $7,500.
(4) Use of state payments.--A local government
receiving an incentive payment from a State under
paragraph (1) shall use the amount of the incentive
payment for transportation safety improvements.
(j) Bicycle and Pedestrian Safety.--In carrying out projects
under this section, a State shall take into account bicycle and
pedestrian safety.
(k) Expenditure of Funds.--Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by
the State for compilation and analysis of data in support of
activities carried out under subsection (g).
(l) National Crossing Inventory.--
(1) Initial reporting of crossing information.--[Not
later than 1 year after the date of enactment of the
Rail Safety Improvement Act of 2008 or within 6 months
of a new crossing becoming operational, whichever
occurs later, each State] Not later than 6 months after
a new railway crossing becomes operational, each State
shall report to the Secretary of Transportation current
information, including information about warning
devices and signage, as specified by the Secretary,
concerning each previously unreported public crossing
located within its borders.
(2) Periodic updating of crossing information.--[On a
periodic basis beginning not later than 2 years after
the date of enactment of the Rail Safety Improvement
Act of 2008 and on or before September 30 of every year
thereafter] On or before September 30 of each year, or
as otherwise specified by the Secretary, each State
shall report to the Secretary current information,
including information about warning devices and
signage, as specified by the Secretary, concerning each
public crossing located within its borders.
* * * * * * *
Sec. 133. Surface transportation [block grant] program
(a) Establishment.--The Secretary shall establish a surface
transportation [block grant] program in accordance with this
section to provide flexible funding to address State and local
transportation needs.
(b) Eligible Projects.--Funds apportioned to a State under
section 104(b)(2) for the surface transportation [block grant]
program may be obligated for the following:
(1) Construction of--
(A) highways, bridges, tunnels, including
designated routes of the Appalachian
development highway system and local access
roads under section 14501 of title 40;
(B) ferry boats and terminal facilities
eligible for funding under section 129(c),
except that for the purposes of this section
hovercraft and terminal facilities for
hovercraft engaging in water transit for
passengers or vehicles shall be considered
ferry boats and ferry terminal facilities
eligible under section 129(c);
(C) transit capital projects eligible for
assistance under chapter 53 of title 49;
(D) infrastructure-based intelligent
transportation systems capital improvements,
including the installation of vehicle-to-
infrastructure communication equipment;
(E) truck parking facilities eligible for
funding under section 1401 of MAP-21 (23 U.S.C.
137 note); and
(F) border infrastructure projects eligible
for funding under section 1303 of SAFETEA-LU
(23 U.S.C. 101 note).
(2) Operational improvements and capital and
operating costs for traffic monitoring, management, and
control facilities and programs.
(3) Environmental measures eligible under sections
119(g), 328, and 329 and transportation control
measures listed in section 108(f)(1)(A) (other than
clause (xvi) of that section) of the Clean Air Act (42
U.S.C. 7408(f)(1)(A)).
(4) Highway and transit safety infrastructure
improvements and programs, including [railway-highway
grade crossings] projects eligible under section 130
and installation of safety barriers and nets on
bridges.
(5) Fringe and corridor parking facilities and
programs in accordance with section 137 and carpool
projects in accordance with section 146.
(6) [Recreational] Transportation alternatives
projects eligible under subsection (h), recreational
trails projects eligible for funding under section 206,
pedestrian and bicycle projects in accordance with
section 217 (including modifications to comply with
accessibility requirements under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)),
and the safe routes to school program under section
[1404 of SAFETEA-LU (23 U.S.C. 402 note)] 211.
(7) Planning, design, or construction of boulevards
and other roadways largely in the right-of-way of
former Interstate System routes or other divided
highways.
(8) Development and implementation of a State asset
management plan for the National Highway System and a
performance-based management program for other public
roads.
(9) Protection (including painting, scour
countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection
against extreme events) for bridges (including
approaches to bridges and other elevated structures)
and tunnels on public roads, and inspection and
evaluation of bridges and tunnels and other highway
assets.
(10) Surface transportation planning programs,
highway and transit research and development and
technology transfer programs, and workforce
development, training, and education under chapter 5 of
this title.
(11) Surface transportation infrastructure
modifications to facilitate direct intermodal
interchange, transfer, and access into and out of a
port terminal.
(12) Projects and strategies designed to support
congestion pricing, including electronic toll
collection and [travel] transportation demand
management strategies and programs.
(13) At the request of a State, and upon Secretarial
approval of credit assistance under chapter 6, subsidy
and administrative costs necessary to provide an
eligible entity Federal credit assistance under chapter
6 with respect to a project eligible for assistance
under this section.
(14) The creation and operation by a State of an
office to assist in the design, implementation, and
oversight of public-private partnerships eligible to
receive funding under this title and chapter 53 of
title 49, and the payment of a stipend to unsuccessful
private bidders to offset their proposal development
costs, if necessary to encourage robust competition in
public-private partnership procurements.
(15) Any type of project eligible under this section
as in effect on the day before the date of enactment of
the FAST Act, including projects described under
section 101(a)(29) as in effect on such day.
(16) Protective features (including natural
infrastructure and vegetation control and clearance) to
enhance the resilience 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.
(19) A surface transportation project carried out in
accordance with the national travel and tourism
infrastructure strategic plan under section 1431(e) of
the FAST Act (49 U.S.C. 301 note).
(20) roads in rural areas that primarily serve to
transport agricultural products from a farm or ranch to
a marketplace.
(21) The removal, retrofit, repurposing, remediation,
or replacement of a highway or other transportation
facility that creates a barrier to community
connectivity to improve access for multiple modes of
transportation.
(22) Planning, design, or construction of a Type II
noise barrier (as described in section 772.5 of title
23, Code of Federal Regulations).
(c) Location of Projects.--A surface transportation [block
grant] program project may not be undertaken on a road
functionally classified as a local road or a rural minor
collector unless the road was on a Federal-aid highway system
on January 1, 1991, except--
(1) for a bridge or tunnel project (other than the
construction of a new bridge or tunnel at a new
location);
(2) for a project described in paragraphs (4) through
(11) and paragraph (22) of subsection (b);
[(3) for a project described in section 101(a)(29),
as in effect on the day before the date of enactment of
the FAST Act; and]
(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;
(4) for a project described in section 5308 of title
49; and
[(4)] (5) as approved by the Secretary.
(d) Allocations of Apportioned Funds to Areas Based on
Population.--
(1) Calculation.--Of the funds apportioned to a State
each fiscal year under section 104(b)(2) (after [the
reservation of] setting aside funds under subsection
(h))--
(A) [the percentage specified in paragraph
(6) for a fiscal year] 57 percent for fiscal
year 2023, 58 percent for fiscal year 2024, 59
percent for fiscal year 2025, and 60 percent
for fiscal year 2026 shall be obligated under
this section, in proportion to their relative
shares of the population of the State--
(i) in urbanized areas of the State
with an urbanized area population [of
over] greater than 200,000;
[(ii) in areas of the State other
than urban areas with a population
greater than 5,000; and
[(iii) in other areas of the State;
and]
(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) the remainder may be obligated in any
area of the State.
(2) Metropolitan areas.--Funds attributed to an
urbanized area under paragraph (1)(A)(i) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
[(3) Consultation with regional transportation
planning organizations.--For purposes of paragraph
(1)(A)(iii), before obligating funding attributed to an
area with a population greater than 5,000 and less than
200,000, a State shall consult with the regional
transportation planning organizations that represent
the area, if any.]
(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 2023 through 2026.
(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.
(4) Distribution among urbanized areas of [over
200,000] greater than 200,000 population.--
(A) In general.--Except as provided in
subparagraph (B), the amount of funds that a
State is required to obligate under paragraph
(1)(A)(i) shall be obligated in urbanized areas
described in paragraph (1)(A)(i) based on the
relative population of the areas.
(B) Other factors.--The State may obligate
the funds described in subparagraph (A) based
on other factors if the State and the relevant
metropolitan planning organizations jointly
apply to the Secretary for the permission to
base the obligation on other factors and the
Secretary grants the request.
(5) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with sections 134 and
135.
[(6) Percentage.--The percentage referred to in
paragraph (1)(A) is--
[(A) for fiscal year 2016, 51 percent;
[(B) for fiscal year 2017, 52 percent;
[(C) for fiscal year 2018, 53 percent;
[(D) for fiscal year 2019, 54 percent; and
[(E) for fiscal year 2020, 55 percent.]
(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 may 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 one or more full-
time State, regional, or local
government employee positions to
administer this subsection.
(B) Eligible funds.--To carry out this
paragraph, a State or metropolitan planning
organization may use funds made available under
paragraphs (2) or (6) of section 104(b)
(C) Use of funds.--Amounts used under this
paragraph may be expended--
(i) directly by the State or
metropolitan planning organization; or
(ii) through contracts with State
agencies, private entities, or
nonprofit organizations.
(e) Obligation Authority.--
(1) In general.--A State that is required to obligate
in an urbanized area with an urbanized area population
of [over 200,000] greater than 200,000 individuals
under subsection (d) funds apportioned to the State
under section 104(b)(2) shall make available during the
period of fiscal years [2016 through 2020] 2023 through
2026 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--
(A) the aggregate amount of funds that the
State is required to obligate in the area under
subsection (d) during the period; and
(B) the ratio that--
(i) the aggregate amount of
obligation authority distributed to the
State for Federal-aid highways and
highway safety construction programs
during the period; bears to
(ii) 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.
(2) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary
shall jointly ensure compliance with paragraph (1).
(3) Annual amounts.--To the extent practicable, each
State shall annually notify each affected metropolitan
planning organization as to the amount of obligation
authority that will be made available under paragraph
(1) to each affected metropolitan planning organization
for the fiscal year.
[(f) Bridges Not on Federal-aid Highways.--
[(1) Definition of off-system bridge.--In this
subsection, the term ``off-system bridge'' means a
highway 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 fiscal year 2013 and each fiscal
year thereafter under this section, the State
shall obligate for activities described in
subsection (b)(2) for off-system bridges an
amount that is not less than 15 percent of the
amount of funds apportioned to the State for
the highway bridge program for fiscal year
2009, except that amounts allocated under
subsection (d) shall not be obligated to carry
out this subsection.
[(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.
[(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 noncontroversial, 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.]
(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
under this section in fiscal year 2020, not
including the amounts described in subparagraph
(C).
(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.
(g) Special Rule for Areas of Less Than [5,000] 50,000
Population.--
(1) Special rule.--Notwithstanding subsection (c),
and except as provided in paragraph (2), up to 15
percent of the amounts required to be obligated by a
State under [subsection (d)(1)(A)(ii) for each of
fiscal years 2016 through 2020 may be obligated on
roads functionally classified as minor collectors.]
clauses (iii) and (iv) of subsection (d)(1)(A) for each
fiscal year may be obligated on roads functionally
classified as rural minor collectors or local roads or
on critical rural freight corridors designated under
section 167(e).
(2) Suspension.--The Secretary may suspend the
application of paragraph (1) with respect to a State if
the Secretary determines that the authority provided
under paragraph (1) is being used excessively by the
State.
[(h) STP Set-Aside.--
[(1) Reservation of funds.--Of the funds apportioned
to a State under section 104(b)(2) for each fiscal
year, the Secretary shall reserve an amount such that--
[(A) the Secretary reserves a total under
this subsection of--
[(i) $835,000,000 for each of fiscal
years 2016 and 2017; and
[(ii) $850,000,000 for each of fiscal
years 2018 through 2020; and
[(B) the State's share of that total is
determined by multiplying the amount under
subparagraph (A) by the ratio that--
[(i) the amount apportioned to the
State for the transportation
enhancements 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.--Funds reserved 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))--
[(A) for each fiscal year, the percentage
referred to in paragraph (1)(A) of that
subsection shall be deemed to be 50 percent;
and
[(B) the following provisions shall not
apply:
[(i) Paragraph (3) of subsection (d).
[(ii) Subsection (e).
[(3) Eligible projects.--Funds reserved under this
subsection may be obligated for projects or activities
described in section 101(a)(29) or 213, as such
provisions were in effect on the day before the date of
enactment of the FAST Act.
[(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 nonprofit entity responsible
for the administration of local
transportation safety programs; and
[(viii) any other local or regional
governmental entity with responsibility
for or oversight of transportation or
recreational trails (other than a
metropolitan planning organization or a
State agency) that the State determines
to be eligible, consistent with the
goals of this subsection.
[(5) Continuation of certain recreational trails
projects.--For each fiscal year, a State shall--
[(A) obligate an amount of funds reserved
under this section equal to 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;
[(B) return 1 percent of those funds to the
Secretary for the administration of that
program; and
[(C) 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 that section.
[(6) State flexibility.--
[(A) Recreational trails.--A State may opt
out of the recreational trails program under
paragraph (5) if the Governor of the State
notifies the Secretary not later than 30 days
prior to apportionments being made for any
fiscal year.
[(B) Large urbanized areas.--A metropolitan
planning area may use not to exceed 50 percent
of the funds reserved under this subsection for
an urbanized area described in subsection
(d)(1)(A)(i) for any purpose eligible under
subsection (b).
[(7) 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 number of projects selected
for funding for each fiscal year,
including the aggregate cost and
location of projects selected.
[(B) Public availability.--The Secretary
shall make available to the public, in a user-
friendly format on the Web site of the
Department of Transportation, a copy of each
annual report submitted under subparagraph (A).
[(i) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section (excluding
those carried out under subsection (h)(5)) shall be treated as
projects on a Federal-aid highway under this chapter.]
(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
subsections (d) and (e), 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 an entity
described in clause (i)(I) to whom
funds are made available under this
subparagraph.
(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, facilitate wildfire
control, 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, metropolitan
planning organization required to obligate
funds in accordance with paragraph (2)(A), or
an entity required to obligate funds in
accordance with paragraph (2)(B) 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) Priority.--The processes described in
subparagraph (A) shall prioritize project
location and impact in low-income, transit-
dependent, or other high-need areas.
(C) Eligible entity defined.--In this
paragraph, the term ``eligible entity'' means--
(i) a local government, including a
county or multi-county special
district;
(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
(ix).
(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 one 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.
(C) Improving project delivery.--
(i) In general.--The Secretary shall
take such action as may be necessary,
consistent with Federal requirements,
to facilitate efficient and timely
delivery of projects under this
subsection that are small, low impact,
and constructed within an existing
built environment.
(ii) Considerations.--The Secretary
shall consider the use of programmatic
agreements, expedited or alternative
procurement processes (including
project bundling), and other effective
practices to facilitate the goals of
this paragraph.
(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.
(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--
(I) that the State held a
competition in compliance with
the requirements of this
subsection in such form as the
Secretary determines
appropriate;
(II) that the State offered
technical assistance to all
eligible entities and provided
such assistance upon request by
an eligible entity; and
(III) 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 by
eligibility category 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 funding sources
(including non-Federal match), the
project status, the specific location,
the congressional district, the type by
eligibility category, 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. 134. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight, foster economic growth and
development within and between States and urbanized
areas, and take into consideration [resiliency needs
while minimizing transportation-related fuel
consumption and air pollution] resilience and climate
change adaptation needs while reducing transportation-
related fuel consumption, air pollution, and greenhouse
gas emissions through metropolitan and statewide
transportation planning processes identified in this
chapter; and
(2) to encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 135(d).
(b) Definitions.--In this section and section 135, the
following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization established as a result of the
designation process under subsection (d).
(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(5) Regional transportation planning organization.--
The term ``regional transportation planning
organization'' means a policy board of an organization
established as the result of a designation under
section 135(m).
(6) STIP.--The term ``STIP'' means a statewide
transportation improvement program developed by a State
under section 135(g).
[(6)] (7) TIP.--The term ``TIP'' means a
transportation improvement program developed by a
metropolitan planning organization under subsection
(j).
[(7)] (8) Urbanized area.--The term ``urbanized
area'' means a geographic area with a population of
50,000 or more, as determined by the Bureau of the
Census.
(c) General Requirements.--
(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans [and transportation
improvement programs] and TIPs through a performance-
driven, outcome-based approach to planning for
metropolitan areas of the State.
(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways, bicycle transportation facilities, and
intermodal facilities that support intercity
transportation, including intercity buses and intercity
bus facilities and commuter vanpool providers) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider
direct and indirect emissions of greenhouse gases.
(d) Designation of Metropolitan Planning Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--[Not later than 2 years after the
date of enactment of MAP-21, each] Each metropolitan
planning organization that serves an area designated as
a transportation management area shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
(C) appropriate State officials.
(3) Representation.--
(A) In general.--Designation or selection of
officials or representatives under paragraph
(2) shall be determined by the metropolitan
planning organization according to the bylaws
or enabling statute of the organization.
(B) Public transportation representative.--
Subject to the bylaws or enabling statute of
the metropolitan planning organization, a
representative of a provider of public
transportation may also serve as a
representative of a local municipality.
(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting
rights, and any other authority commensurate
with other officials described in paragraph
(2).
(D) Equitable and proportional
representation.--
(i) In general.--In designating
officials or representatives under
paragraph (2), the metropolitan
planning organization shall ensure 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).
(4) Limitation on statutory construction.--Nothing in
this subsection shall be construed to interfere with
the authority, under any State law in effect on
December 18, 1991, of a public agency with multimodal
transportation responsibilities--
(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
(5) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (6).
(6) Redesignation procedures.--
(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of [paragraph (2)] paragraphs (2)
or (3)(D) without undertaking a redesignation.
(7) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning
organization may be designated within [an existing
metropolitan planning area] an urbanized area only if
the Governor and the existing metropolitan planning
organization determine that the size and complexity of
[the existing metropolitan planning area] the area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
(e) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
(4) Existing metropolitan planning areas in
nonattainment.--
(A) In general.--Notwithstanding paragraph
(2), except as provided in subparagraph (B), in
the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan
planning area in existence as of such date of
enactment shall be retained.
(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement
of the Governor and affected metropolitan
planning organizations in the manner described
in subsection (d)(6).
(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
(A) shall be established in the manner
described in subsection (d)(1);
(B) shall encompass the areas described in
paragraph (2)(A);
(C) may encompass the areas described in
paragraph (2)(B); and
(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
(f) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
(A) to enter into agreements or compacts, not
in conflict with any law of the United States,
for cooperative efforts and mutual assistance
in support of activities authorized under this
section as the activities pertain to interstate
areas and localities within the States; and
(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within [a
metropolitan area] an urbanized area or an area which
is designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401
et seq.), each metropolitan planning organization shall
consult with the other metropolitan planning
organizations designated for such area and the State in
the coordination of plans and TIPs required by this
section.
(2) Transportation improvements located in multiple
[mpos] metropolitan planning areas.--If a
transportation improvement, funded from the Highway
Trust Fund or authorized under chapter 53 of title 49,
is located within the boundaries of more than 1
metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding
the transportation improvement.
(3) Relationship with other planning officials.--
(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, tourism, natural
disaster risk reduction, emergency response and
evacuation, climate change adaptation and
resilience, environmental protection, airport
operations, and freight movements) or to
coordinate its planning process, to the maximum
extent practicable, with such planning
activities.
(B) Requirements.--Under the metropolitan
planning process, transportation plans and TIPs
shall be developed with due consideration of
other related planning activities within the
metropolitan area, and the process shall
provide for the design and delivery of
transportation services within the metropolitan
area that are provided by--
(i) recipients of assistance under
chapter 53 of title 49;
(ii) governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal
assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services;
and
(iii) recipients of assistance under
section 204.
(4) Coordination between mpos.--
(A) In general.--If more than one
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.
(h) Scope of Planning Process.--
(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and for freight;
[(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;]
(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;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
(G) promote efficient system management and
operation;
(H) emphasize the preservation of the
existing transportation system;
(I) improve the resiliency and reliability of
the transportation system and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation; [and]
(J) support emergency management, response,
and evacuation and hazard mitigation;
(K) improve the level of transportation
system access;
(L) support inclusive zoning policies and
land use planning practices that incentivize
affordable, elastic, and diverse housing
supply, facilitate long-term economic growth by
improving the accessibility of housing to jobs,
and prevent high housing costs from displacing
economically disadvantaged households; and
[(J)] (M) enhance travel and tourism.
(2) Performance-based approach.--
[(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of this title and the general
purposes described in section 5301 of title
49.]
(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.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each
metropolitan planning
organization shall establish
performance targets that
address the performance
measures described in section
150(c), where applicable, to
use in tracking progress
towards attainment of critical
outcomes for the region of the
metropolitan planning
organization.
(II) Coordination.--Selection
of performance targets by a
metropolitan planning
organization shall be
coordinated with the relevant
State to ensure consistency, to
the maximum extent practicable.
(ii) Public transportation
performance targets.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d) of
title 49.
(C) Timing.--Each metropolitan planning
organization shall establish the performance
targets under subparagraph (B) not later than
180 days after the date on which the relevant
State or provider of public transportation
establishes the performance targets.
(D) Integration of other performance-based
plans.--A metropolitan planning organization
shall integrate in the metropolitan
transportation planning process, directly or by
reference, the goals, objectives, performance
measures, and targets described in other State
transportation plans and transportation
processes, as well as any plans developed under
chapter 53 of title 49 by providers of public
transportation, required as part of a
performance-based program.
(3) Failure to consider factors.--The failure to
consider any factor specified in paragraphs (1) and (2)
shall not be reviewable by any court under this title
or chapter 53 of title 49, subchapter II of chapter 5
of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or
strategy, or the certification of a planning process.
(i) Development of Transportation Plan.--
(1) Requirements.--
(A) In general.--Each metropolitan planning
organization shall prepare and update a
transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
(B) Frequency.--
(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
(I) Any area designated as
nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
(ii) Other areas.--In the case of any
other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
(2) Transportation plan.--A transportation plan under
this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a
minimum, the following:
(A) Identification of transportation
facilities.--
(i) In general.--An identification of
transportation facilities (including
major roadways, public transportation
facilities, intercity bus facilities,
multimodal and intermodal facilities,
nonmotorized transportation facilities,
and intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis
to those facilities that serve
important national and regional
transportation functions.
(ii) Factors.--In formulating the
transportation plan, the metropolitan
planning organization shall consider
factors described in subsection (h) as
the factors relate to a 20-year
forecast period.
(B) Performance measures and targets.--A
description of the performance measures and
performance targets used in assessing the
performance of the transportation system in
accordance with subsection (h)(2).
(C) System performance report.--A system
performance report and subsequent updates
evaluating the condition and performance of the
transportation system with respect to the
performance targets described in subsection
(h)(2), including--
(i) progress achieved by the
metropolitan planning organization in
meeting the performance targets in
comparison with system performance
recorded in previous reports; and
(ii) for metropolitan planning
organizations that voluntarily elect to
develop multiple scenarios, an analysis
of how the preferred scenario has
improved the conditions and performance
of the transportation system and how
changes in local policies and
investments have impacted the costs
necessary to achieve the identified
performance targets.
(D) Mitigation activities.--
(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
reduce greenhouse gas emissions and
restore and maintain the environmental
functions affected by the plan.
(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
(E) Financial plan.--
(i) In general.--A financial plan
that--
(I) demonstrates how the
adopted transportation plan can
be implemented;
(II) indicates resources from
public and private sources that
are reasonably expected to be
made available to carry out the
plan; and
(III) recommends any
additional financing strategies
for needed projects and
programs.
(ii) Inclusions.--The financial plan
may include, for illustrative purposes,
additional projects that would be
included in the adopted transportation
plan if reasonable additional resources
beyond those identified in the
financial plan were available.
(iii) Cooperative development.--For
the purpose of developing the
transportation plan, the metropolitan
planning organization, transit
operator, and State shall cooperatively
develop estimates of funds that will be
available to support plan
implementation.
(F) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure, provide for multimodal capacity
increases based on regional priorities and
needs, and reduce the vulnerability of the
existing transportation infrastructure to
natural disasters and climate change.
(H) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities including
consideration of the role that intercity buses
may play in reducing congestion, pollution,
greenhouse gas emissions, and energy
consumption in a cost-effective manner and
strategies and investments that preserve and
enhance intercity bus systems, including
systems that are privately owned and operated.
(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
conducted under part 667 of
title 23, Code of Federal
Regulations;
(III) at the discretion of
the metropolitan planning
organization, identifies
evacuation routes, assesses the
ability of any such routes to
provide safe passage for
evacuation, access to health
care and public health
facilities, 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,
Tribal, 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.
(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization
shall coordinate the development of a transportation
plan with the process for development of the
transportation control measures of the State
implementation plan required by that Act.
(4) Optional scenario development.--
(A) In general.--A metropolitan planning
organization may, while fitting the needs and
complexity of its community, voluntarily elect
to develop multiple scenarios for consideration
as part of the development of the metropolitan
transportation plan, in accordance with
subparagraph (B).
(B) Recommended components.--A metropolitan
planning organization that chooses to develop
multiple scenarios under subparagraph (A) shall
be encouraged to consider--
(i) potential regional investment
strategies for the planning horizon;
(ii) assumed distribution of
population and employment;
(iii) a scenario that, to the maximum
extent practicable, maintains baseline
conditions for the performance measures
identified in subsection (h)(2);
(iv) a scenario that improves the
baseline conditions for as many of the
performance measures identified in
subsection (h)(2) as possible;
(v) revenue constrained scenarios
based on the total revenues expected to
be available over the forecast period
of the plan; and
(vi) estimated costs and potential
revenues available to support each
scenario.
(C) Metrics.--In addition to the performance
measures identified in section 150(c),
metropolitan planning organizations may
evaluate scenarios developed under this
paragraph using locally-developed measures.
(5) Consultation.--
(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, air quality, public health,
housing, transportation, resilience, hazard
mitigation, emergency management, and historic
preservation concerning the development of a
long-range transportation plan.
[(B) Issues.--The consultation shall involve,
as appropriate--
[(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
[(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.]
(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.
(6) Participation by interested parties.--
(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, public ports, freight
shippers, providers of freight transportation
services, private providers of transportation
(including intercity bus operators, employer-
based commuting programs, such as a carpool
program, vanpool program, transit benefit
program, parking cash-out program, shuttle
program, or telework program), representatives
of users of public transportation,
representatives of users of pedestrian walkways
and bicycle transportation facilities,
representatives of the disabled, and other
interested parties with a reasonable
opportunity to comment on the transportation
plan.
(B) Contents of participation plan.--A
participation plan--
(i) shall be developed in
consultation with all interested
parties; and
(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
[(C) Methods.--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 World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).]
(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.
(7) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(E), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(E).
(j) Metropolitan TIP.--
(1) Development.--
(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the metropolitan
planning area that--
(i) contains projects consistent with
the current metropolitan transportation
plan;
(ii) reflects the investment
priorities established in the current
metropolitan transportation plan; and
(iii) once implemented, is designed
to make progress toward achieving the
performance targets established under
subsection (h)(2).
(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with [subsection (i)(5)]
subsection (i)(6).
(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
(D) Updating and approval.--The TIP shall
be--
(i) updated at least once every 4
years; and
(ii) approved by the metropolitan
planning organization and the Governor.
(2) Contents.--
(A) Priority list.--The TIP shall include a
priority list of proposed [Federally] federally
supported projects and strategies to be carried
out within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan.--The TIP shall include a
financial plan that--
(i) demonstrates how the TIP can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
(iii) identifies innovative financing
techniques to finance projects,
programs, and strategies; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
(D) [Performance target achievement]
Performance management.--
(i) In general.--The [transportation
improvement program] TIP shall include,
to the maximum extent practicable, a
description of the anticipated effect
of the [transportation improvement
program] TIP toward achieving the
performance targets established in the
metropolitan transportation plan,
linking investment priorities to those
performance targets.
(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
anticipated effect of the TIP
would improve the overall level
of transportation system
access, consistent with section
150(f).
(3) Included projects.--
(A) Projects under this title and chapter 53
of title 49.--A TIP developed under this
subsection for a metropolitan area shall
include the projects within the area that are
proposed for funding under chapter 1 of this
title and chapter 53 of title 49.
(B) Projects under chapter 2.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the [transportation
improvement program] TIP.
(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the [transportation
improvement program] TIP.
(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
(E) Resilience projects.--The TIP shall--
(i) identify any 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.
(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with [subsection (i)(5)]
subsection (i)(6).
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in subsection (k)(4) and in addition to the TIP
development required under paragraph (1), the
selection of [Federally] federally funded
projects in metropolitan areas shall be carried
out, from the approved TIP--
(i) by--
(I) in the case of projects
under this title, the State;
and
(II) in the case of projects
under chapter 53 of title 49,
the designated recipients of
public transportation funding;
and
(ii) in cooperation with the
metropolitan planning organization.
(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
(B) Required action by the secretary.--Action
by the Secretary shall be required for a State
or metropolitan planning organization to select
any project from the illustrative list of
additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion
in an approved TIP.
(7) Publication.--
(A) Publication of tips.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
(B) Publication of annual listings of
projects.--
(i) In general.--An annual listing of
projects, including investments in
pedestrian walkways and bicycle
transportation facilities, for which
Federal funds have been obligated in
the preceding year shall be published
or otherwise made available by the
cooperative effort of the State,
transit operator, and metropolitan
planning organization for public
review.
(ii) Requirement.--The listing shall
be consistent with the categories
identified in the TIP.
(k) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
(3) Congestion management process.--
(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section [shall address
congestion management] shall address--
(i) congestion management through a
process that provides for effective
management and operation, based on a
cooperatively developed and implemented
metropolitan-wide strategy, of new and
existing transportation facilities
eligible for funding under this title
and chapter 53 of title 49 through the
use of travel demand reduction
(including intercity bus operators,
employer-based commuting programs such
as a carpool program, vanpool program,
transit benefit program, parking cash-
out program, shuttle program, or
telework program), job access projects,
and operational management
strategies[.]; and
(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.
(B) Schedule.--The Secretary shall establish
an appropriate phase-in schedule for compliance
with the requirements of this section but no
sooner than 1 year after the identification of
a transportation management area.
(C) Congestion management plan.--A
metropolitan planning organization serving a
transportation management area may develop a
plan that includes projects and strategies that
will be considered in the TIP of such
metropolitan planning organization. Such plan
shall--
(i) develop regional goals to reduce
vehicle miles traveled during peak
commuting hours and improve
transportation connections between
areas with high job concentration and
areas with high concentrations of low-
income households;
(ii) identify existing public
transportation services, employer-based
commuter programs, and other existing
transportation services that support
access to jobs in the region; and
(iii) identify proposed projects and
programs to reduce congestion and
increase job access opportunities.
(D) Participation.--In developing the plan
under subparagraph (C), a metropolitan planning
organization shall consult with employers,
private and nonprofit providers of public
transportation, transportation management
organizations, and organizations that provide
job access reverse commute projects or job-
related services to low-income individuals.
(4) Selection of projects.--
(A) In general.--All [Federally] federally
funded projects carried out within the
boundaries of a metropolitan planning area
serving a transportation management area under
this title (excluding projects carried out on
the National Highway System) or under chapter
53 of title 49 shall be selected for
implementation from the approved TIP by the
metropolitan planning organization designated
for the area in consultation with the State and
any affected public transportation operator.
(B) National highway system projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law[; and];
(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the
Governor[.]; and
(iii) the TIP approved under clause
(ii) makes progress towards improving
the level of transportation system
access, consistent with section 150(f).
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this title and chapter 53
of title 49.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(l) Report on Performance-based Planning Processes.--
(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection.
(2) Report.--Not later than [5 years after the date
of enactment of the MAP-21] 2 years after the date of
enactment of the INVEST in America Act, and every 2
years thereafter, the Secretary shall submit to
Congress a report evaluating--
(A) the overall effectiveness of performance-
based planning as a tool for guiding
transportation investments;
(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
(C) the extent to which metropolitan planning
organizations have achieved, or are currently
making substantial progress toward achieving,
the performance targets specified under this
section [and whether metropolitan planning
organizations are developing meaningful
performance targets; and];
[(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area with a population of
200,000 or less and their ability to carry out
the requirements of this section.]
(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).
(3) Publication.--The report under paragraph (2)
shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
(m) Abbreviated Plans for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
(n) Additional Requirements for Certain Nonattainment
Areas.--
(1) In general.--Notwithstanding any other provisions
of this title or chapter 53 of title 49, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway
project that will result in a significant increase in
the carrying capacity for single-occupant vehicles
unless the project is addressed through a congestion
management process.
(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this title or chapter 53 of title 49.
(p) Funding.--Funds apportioned under [paragraphs (5)(D) and
(6) of section 104(b)] section 104(b)(6) of this title or
section 5305(g) of title 49 shall be available to carry out
this section.
(q) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.
(r) Bi-State Metropolitan Planning Organization.--
(1) Definition of bi-state mpo region.--In this
subsection, the term ``Bi-State MPO Region'' has the
meaning given the term ``region'' in subsection (a) of
Article II of the Lake Tahoe Regional Planning Compact
(Public Law 96-551; 94 Stat. 3234).
(2) Treatment.--For the purpose of this title, the
Bi-State MPO Region shall be treated as--
(A) a metropolitan planning organization;
(B) a transportation management area under
subsection (k); and
(C) an urbanized area, which is comprised of
a population of 145,000 in the State of
California and a population of 65,000 in the
State of Nevada.
(3) Suballocated funding.--
(A) Planning.--In determining the amounts
under subparagraph (A) of section 133(d)(1)
that shall be obligated for a fiscal year in
the States of California and Nevada under
clauses (i), (ii), and (iii) of that
subparagraph, the Secretary shall, for each of
those States--
(i) calculate the population under
each of those clauses;
(ii) decrease the amount under
section 133(d)(1)(A)(iii) by the
population specified in paragraph (2)
of this subsection for the Bi-State MPO
Region in that State; and
(iii) increase the amount under
section 133(d)(1)(A)(i) by the
population specified in paragraph (2)
of this subsection for the Bi-State MPO
Region in that State.
(B) STBGP set aside.--In determining the
amounts under paragraph (2) of section 133(h)
that shall be obligated for a fiscal year in
the States of California and Nevada, the
Secretary shall, for the purpose of that
subsection, calculate the populations for each
of those States in a manner consistent with
subparagraph (A).
Sec. 135. Statewide and nonmetropolitan transportation planning
(a) General Requirements.--
(1) Development of plans and programs.--Subject to
section 134, to accomplish the objectives stated in
section 134(a), each State shall develop a statewide
transportation plan and a [statewide transportation
improvement program] STIP for all areas of the State.
(2) Contents.--[The statewide transportation plan and
the]
(A) in general._The statewide transportation
plan and the [transportation improvement
program] STIP developed for each State shall
provide for the development and integrated
management and operation of transportation
systems and facilities (including accessible
pedestrian walkways, bicycle transportation
facilities, and intermodal facilities that
support intercity transportation, including
intercity buses and intercity bus facilities
and commuter van pool providers) that will
function as an intermodal transportation system
for the State and an integral part of an
intermodal transportation system for the United
States.
(B) Consideration.--In developing the
statewide transportation plans and STIPs,
States shall consider direct and indirect
emissions of greenhouse gases.
(3) Process of development.--The process for
developing the statewide plan and the [transportation
improvement program] STIP shall provide for
consideration of all modes of transportation and the
policies stated in section 134(a) and shall be
continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 134 for metropolitan areas of
the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.--
(1) In general.--Two or more States may enter into
agreements or compacts, not in conflict with any law of
the United States, for cooperative efforts and mutual
assistance in support of activities authorized under
this section related to interstate areas and localities
in the States and establishing authorities the States
consider desirable for making the agreements and
compacts effective.
(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(d) Scope of Planning Process.--
(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and freight;
(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;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
(G) promote efficient system management and
operation;
(H) emphasize the preservation of the
existing transportation system;
(I) improve the resiliency and reliability of
the transportation system and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation; [and]
(J) facilitate emergency management,
response, and evacuation and hazard mitigation;
(K) improve the level of transportation
system access;
(L) support inclusive zoning policies and
land use planning practices that incentivize
affordable, elastic, and diverse housing
supply, facilitate long-term economic growth by
improving the accessibility of housing to jobs,
and prevent high housing costs from displacing
economically disadvantaged households; and
[(J)] (M) enhance travel and tourism.
(2) Performance-based approach.--
[(A) In general.--The statewide
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of this title and the general
purposes described in section 5301 of title
49.]
(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(d); and
(iv) the general purposes described
in section 5301 of title 49.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each State
shall establish performance
targets that address the
performance measures described
in section 150(c), where
applicable, to use in tracking
progress towards attainment of
critical outcomes for the
State.
(II) Coordination.--Selection
of performance targets by a
State shall be coordinated with
the relevant metropolitan
planning organizations to
ensure consistency, to the
maximum extent practicable.
(ii) Public transportation
performance targets.--In areas not
represented by a metropolitan planning
organization, selection of performance
targets by a State shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d) of
title 49.
(C) Integration of other performance-based
plans.--A State shall integrate into the
statewide transportation planning process,
directly or by reference, the goals,
objectives, performance measures, and targets
described in this paragraph, in other State
transportation plans and transportation
processes, as well as any plans developed
pursuant to chapter 53 of title 49 by providers
of public transportation in areas not
represented by a metropolitan planning
organization required as part of a performance-
based program.
(D) Use of performance measures and
targets.--The performance measures and targets
established under this paragraph shall be
considered by a State when developing policies,
programs, and investment priorities reflected
in the statewide transportation plan and
[statewide transportation improvement program]
STIP.
(3) Failure to consider factors.--The failure to take
into consideration the factors specified in paragraphs
(1) and (2) shall not be subject to review by any court
under this title, chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any
matter affecting a statewide transportation plan, a
[statewide transportation improvement program] STIP, a
project or strategy, or the certification of a planning
process.
(e) Additional Requirements.--In carrying out planning under
this section, each State shall, at a minimum--
(1) with respect to nonmetropolitan areas, cooperate
with affected local officials with responsibility for
transportation or, if applicable, through regional
transportation planning organizations described in
subsection (m);
(2) consider the concerns of Indian tribal
governments and Federal land management agencies that
have jurisdiction over land within the boundaries of
the State; and
(3) consider coordination of transportation plans,
the [transportation improvement program] STIP, and
planning activities with related planning activities
being carried out outside of metropolitan planning
areas and between States.
(f) Long-range Statewide Transportation Plan.--
(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
(2) Consultation with governments.--
(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 134.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed
in cooperation with affected
nonmetropolitan officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (m).
(ii) Role of secretary.--The
Secretary shall not review or approve
the consultation process in each State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
(D) Consultation, comparison, and
consideration.--
(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State, tribal, and local agencies
responsible for land use management,
natural resources, environmental
protection, conservation, air quality,
public health, housing, transportation,
resilience, hazard mitigation,
emergency management, and historic
preservation.
[(ii) Comparison and consideration.--
Consultation under clause (i) shall
involve comparison of transportation
plans to State and tribal conservation
plans or maps, if available, and
comparison of transportation plans to
inventories of natural or historic
resources, if available.]
(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.
(3) Participation by interested parties.--
(A) In general.--In developing the statewide
transportation plan, the State shall provide
to--
(i) nonmetropolitan local elected
officials or, if applicable, through
regional transportation planning
organizations described in subsection
(m), an opportunity to participate in
accordance with subparagraph (B)(i);
and
(ii) citizens, affected public
agencies, representatives of public
transportation employees, public ports,
freight shippers, private providers of
transportation (including intercity bus
operators, employer-based commuting
programs, such as a carpool program,
vanpool program, transit benefit
program, parking cash-out program,
shuttle program, or telework program),
representatives of users of public
transportation, representatives of
users of pedestrian walkways and
bicycle transportation facilities,
representatives of the disabled,
providers of freight transportation
services, and other interested parties
a reasonable opportunity to comment on
the proposed plan.
(B) Methods.--[In carrying out]
(i) In general._in carrying out
subparagraph (A), the State shall, to
the maximum extent practicable--
[(i)] (I) develop and
document a consultative process
to carry out subparagraph
(A)(i) that is separate and
discrete from the public
involvement process developed
under clause (ii);
[(ii)] (II) hold any public
meetings at convenient and
accessible locations and times;
[(iii)] (III) employ
visualization techniques to
describe plans; and
[(iv)] (IV) make public
information available in
electronically accessible
format and means, such as the
World Wide Web, 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
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.
(4) Mitigation activities.--
(A) In general.--A long-range transportation
plan shall include a discussion of potential
environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to reduce greenhouse gas emissions
and restore and maintain the environmental
functions affected by the plan.
(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
(5) Financial plan.--The statewide transportation
plan may include--
(A) a financial plan that--
(i) demonstrates how the adopted
statewide transportation plan can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be made available to carry
out the plan; and
(iii) recommends any additional
financing strategies for needed
projects and programs; and
(B) for illustrative purposes, additional
projects that would be included in the adopted
statewide transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
(6) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (5).
(7) Performance-based approach.--The statewide
transportation plan shall include--
(A) a description of the performance measures
and performance targets used in assessing the
performance of the transportation system in
accordance with subsection (d)(2); and
(B) a system performance report and
subsequent updates evaluating the condition and
performance of the transportation system with
respect to the performance targets described in
subsection (d)(2), including progress achieved
by the metropolitan planning organization in
meeting the performance targets in comparison
with system performance recorded in previous
reports[;].
(8) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system, including
consideration of the role that intercity buses may play
in reducing congestion, pollution, greenhouse gas
emissions, and energy consumption in a cost-effective
manner and strategies and investments that preserve and
enhance intercity bus systems, including systems that
are privately owned and operated.
(9) Publication of long-range transportation plans.--
Each long-range transportation plan prepared by a State
shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
(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 conducted under part 667 of
title 23, Code of Federal Regulations;
(iii) identifies evacuation routes,
assesses the ability of any such routes
to provide safe passage for evacuation,
access to health care and public health
facilities, and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
(iv) describes the States's
adaptation and resilience improvement
strategies that will inform the
transportation investment decisions of
the State; and
(v) is consistent with and
complementary of the State, Tribal, 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 paragraph shall be developed in
consultation with, as appropriate, metropolitan
planning organizations and State, local, and
Tribal officials responsible for land use,
housing, resilience, hazard mitigation, and
emergency management.
(g) Statewide Transportation Improvement Program.--
(1) Development.--
(A) In general.--Each State shall develop a
[statewide transportation improvement
program]STIP for all areas of the State.
(B) Duration and updating of program.--Each
program developed under subparagraph (A) shall
cover a period of 4 years and shall be updated
every 4 years or more frequently if the
Governor of the State elects to update more
frequently.
(2) Consultation with governments.--
(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated
for the metropolitan area under section 134.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to each
nonmetropolitan area in the State, the
program shall be developed in
consultation with affected
nonmetropolitan local officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (m).
(ii) Role of secretary.--The
Secretary shall not review or approve
the specific consultation process in
the State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, public ports, freight
shippers, private providers of transportation
(including intercity bus [operators),,] operators),
providers of freight transportation services,
representatives of users of public transportation,
representatives of users of pedestrian walkways and
bicycle transportation facilities, representatives of
the disabled, and other interested parties with a
reasonable opportunity to comment on the proposed
program.
(4) [Performance target achievement] Performance
management._A [statewide transportation improvement
program shall include, to the maximum extent
practicable, a discussion] STIP shall include--
(A)a discussion a discussion of the
anticipated effect of the [statewide
transportation improvement program] STIP toward
achieving the performance targets established
in the statewide transportation plan, linking
investment priorities to those performance
targets[.]; and
(B) a consideration of the anticipated effect
of the STIP on the overall level of
transportation system access, consistent with
section 150(f).
(5) Included projects.--
(A) In general.--A [transportation
improvement program] STIP developed under this
subsection for a State shall include Federally
supported surface transportation expenditures
within the boundaries of the State.
(B) Listing of projects.--
(i) In general.--An annual listing of
projects for which funds have been
obligated for the preceding year in
each metropolitan planning area shall
be published or otherwise made
available by the cooperative effort of
the State, transit operator, and the
metropolitan planning organization for
public review.
(ii) Funding categories.--The listing
described in clause (i) shall be
consistent with the funding categories
identified in each [metropolitan
transportation improvement program]
TIP.
(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.
(C) Projects under chapter 2.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 shall be identified
individually in the [transportation
improvement program] STIP.
(ii) Other projects.--Projects
proposed for funding under chapter 2
that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the [transportation
improvement program] STIP.
(D) Consistency with statewide transportation
plan.--Each project shall be--
(i) consistent with the statewide
transportation plan developed under
this section for the State;
(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as a nonattainment area
for ozone, particulate matter, or
carbon monoxide under part D of title I
of that Act (42 U.S.C. 7501 et seq.).
(E) Requirement of anticipated full
funding.--The [transportation improvement
program] STIP shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
(F) Financial plan.--
(i) In general.--The [transportation
improvement program] STIP may include a
financial plan that demonstrates how
the approved [transportation
improvement program] STIP can be
implemented, indicates resources from
public and private sources that are
reasonably expected to be made
available to carry out the
[transportation improvement program]
STIP, and recommends any additional
financing strategies for needed
projects and programs.
(ii) Additional projects.--The
financial plan may include, for
illustrative purposes, additional
projects that would be included in the
adopted transportation plan if
reasonable additional resources beyond
those identified in the financial plan
were available.
(G) Selection of projects from illustrative
list.--
(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved
[transportation improvement program]
STIP.
(H) Priorities.--The [transportation
improvement program] STIP shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by this title and chapter
53 of title 49.
(6) Project selection for areas of less than 50,000
population.--
(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals shall be selected, from the
approved [transportation improvement program]
STIP (excluding projects carried out on the
National Highway System [and projects carried
out under the bridge program or the Interstate
maintenance program] under this title or under
sections 5310 and 5311 of title 49), by the
State in cooperation with the affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in subsection
(m).
(B) Other projects.--Projects carried out in
areas with populations of less than 50,000
individuals on the National Highway System [or
under the bridge program or the Interstate
maintenance program] under this title or under
sections [5310, 5311, 5316, and 5317] 5310 and
5311 of title 49 shall be selected, from the
approved [statewide transportation improvement
program] STIP, by the State in consultation
with the affected nonmetropolitan local
officials with responsibility for
transportation.
(7) [Transportation improvement program] STIP
approval.--Every 4 years, a [transportation improvement
program] STIP developed under this subsection shall be
reviewed and approved by the Secretary if based on a
current planning finding.
(8) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the
transportation planning process through which
[statewide transportation plans and programs] statewide
transportation plans and STIPs are developed is
consistent with this section and section 134.
(9) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved [transportation
improvement program] STIP in place of another project
in the program.
(h) Performance-based Planning Processes Evaluation.--
(1) In general.--The Secretary shall establish
criteria to evaluate the effectiveness of the
performance-based planning processes of States, taking
into consideration the following:
(A) The extent to which the State is making
progress toward achieving, the performance
targets described in subsection (d)(2), taking
into account whether the State developed
appropriate performance targets.
(B) The extent to which the State has made
transportation investments that are efficient
and cost-effective.
(C) The extent to which the State--
(i) has developed an investment
process that relies on public input and
awareness to ensure that investments
are transparent and accountable; and
(ii) provides reports allowing the
public to access the information being
collected in a format that allows the
public to meaningfully assess the
performance of the State.
(2) Report.--
(A) In general.--[Not later than 5 years
after the date of enactment of the MAP-21,] Not
less frequently than once every 4 years, the
Secretary shall submit to Congress a report
evaluating--
(i) the overall effectiveness of
performance-based planning as a tool
for guiding transportation investments;
and
(ii) the effectiveness of the
performance-based planning process of
each State.
(B) Publication.--The report under
subparagraph (A) shall be published or
otherwise made available in electronically
accessible formats and means, including on the
Internet.
(i) Funding.--Funds apportioned under[paragraphs (5)(D) and
(6) of section 104(b)] section 104(b)(6) of this title and set
aside under section 5305(g) of title 49 shall be available to
carry out this section.
(j) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 134, and
sections 5303 and 5304 of title 49, State laws, rules, or
regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this section and section 134, and sections 5303 and 5304 of
title 49, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section and section 134 and sections 5303 and
5304 of title 49, as appropriate.
(k) Continuation of Current Review Practice.--Since the
statewide transportation plan and the [transportation
improvement program] STIP described in this section are subject
to a reasonable opportunity for public comment, since
individual projects included in the statewide transportation
plans and the [transportation improvement program] STIP are
subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the
Secretary concerning statewide transportation plans or the
[transportation improvement program] STIP described in this
section have not been reviewed under that Act as of January 1,
1997, any decision by the Secretary concerning a metropolitan
or statewide transportation plan or the [transportation
improvement program] STIP described in this section shall not
be considered to be a Federal action subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(l) Schedule for Implementation.--The Secretary shall issue
guidance on a schedule for implementation of the changes made
by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not
require a State to deviate from its established planning update
cycle to implement changes made by this section. States shall
reflect changes made to their transportation plan or
transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary
under this subsection.
(m) Designation of Regional Transportation Planning
Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a State may
establish and designate regional transportation
planning organizations to enhance the planning,
coordination, and implementation of statewide strategic
long-range transportation plans and [transportation
improvement programs] STIPs, with an emphasis on
addressing the needs of nonmetropolitan areas of the
State.
(2) Structure.--A regional transportation planning
organization shall be established as a
multijurisdictional organization of nonmetropolitan
local officials or their designees who volunteer for
such organization and representatives of local
transportation systems who volunteer for such
organization.
(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
(A) a policy committee, the majority of which
shall consist of nonmetropolitan local
officials, or their designees, and, as
appropriate, additional representatives from
the State, private business, transportation
service providers, economic development
practitioners, and the public in the region;
and
(B) a fiscal and administrative agent, such
as an existing regional planning and
development organization, to provide
professional planning, management, and
administrative support.
(4) Duties.--The duties of a regional transportation
planning organization shall include--
(A) developing and maintaining, in
cooperation with the State, regional long-range
multimodal transportation plans;
(B) developing a regional transportation
improvement program for consideration by the
State;
(C) fostering the coordination of local
planning, land use, and economic development
plans with State, regional, and local
transportation plans and programs;
(D) providing technical assistance to local
officials;
(E) participating in national, multistate,
and State policy and planning development
processes to ensure the regional and local
input of nonmetropolitan areas;
(F) providing a forum for public
participation in the statewide and regional
transportation planning processes;
(G) considering and sharing plans and
programs with neighboring regional
transportation planning organizations,
metropolitan planning organizations, and, where
appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to
support and enhance the statewide planning
process under subsection (d).
(5) States without regional transportation planning
organizations.--If a State chooses not to establish or
designate a regional transportation planning
organization, the State shall consult with affected
nonmetropolitan local officials to determine projects
that may be of regional significance.
* * * * * * *
Sec. 139. Efficient environmental reviews for project decisionmaking
(a) Definitions.--In this section, the following definitions
apply:
(1) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or
Indian tribal government.
(2) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts required to be
prepared under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(3) Environmental review process.--
(A) In general.--The term ``environmental
review process'' means the process for
preparing for a project an environmental impact
statement, environmental assessment,
categorical exclusion, or other document
prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Inclusions.--The term ``environmental
review process'' includes the process for and
completion of any environmental permit,
approval, review, or study required for a
project under any Federal law other than the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) Lead agency.--The term ``lead agency'' means the
Department of Transportation and, if applicable, any
State or local governmental entity serving as a joint
lead agency pursuant to this section.
(5) Multimodal project.--The term ``multimodal
project'' means a project that requires the approval of
more than 1 Department of Transportation operating
administration or secretarial office.
(6) Project.--
(A) In general.--The term ``project'' means
any highway project, public transportation
capital project, or multimodal project that, if
implemented as proposed by the project sponsor,
would require approval by any operating
administration or secretarial office within the
Department of Transportation.
(B) Considerations.--In determining whether a
project is a project under subparagraph (A),
the Secretary shall take into account, if
known, any sources of Federal funding or
financing identified by the project sponsor,
including any discretionary grant, loan, and
loan guarantee programs administered by the
Department of Transportation.
(7) Project sponsor.--The term ``project sponsor''
means the agency or other entity, including any private
or public-private entity, that seeks approval of the
Secretary for a project.
(8) State transportation department.--The term
``State transportation department'' means any statewide
agency of a State with responsibility for one or more
modes of transportation.
(b) Applicability.--
(1) In general.--The project development procedures
in this section are applicable to all projects for
which an environmental impact statement is prepared
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and may be applied, to the extent
determined appropriate by the Secretary, to other
projects for which an environmental document is
prepared pursuant to such Act.
(2) Flexibility.--Any authorities granted in this
section may be exercised, and any requirements
established under this section may be satisfied, for a
project, class of projects, or program of projects.
(3) Programmatic compliance.--
(A) In general.--The Secretary shall allow
for the use of programmatic approaches to
conduct environmental reviews that--
(i) eliminate repetitive discussions
of the same issues;
(ii) focus on the actual issues ripe
for analyses at each level of review;
and
(iii) are consistent with--
(I) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
(II) other applicable laws.
(B) Requirements.--In carrying out
subparagraph (A), the Secretary shall ensure
that programmatic reviews--
(i) promote transparency, including
the transparency of--
(I) the analyses and data
used in the environmental
reviews;
(II) the treatment of any
deferred issues raised by
agencies or the public; and
(III) the temporal and
spatial scales to be used to
analyze issues under subclauses
(I) and (II);
(ii) use accurate and timely
information, including through
establishment of--
(I) criteria for determining
the general duration of the
usefulness of the review; and
(II) a timeline for updating
an out-of-date review;
(iii) describe--
(I) the relationship between
any programmatic analysis and
future tiered analysis; and
(II) the role of the public
in the creation of future
tiered analysis;
(iv) are available to other relevant
Federal and State agencies, Indian
tribes, and the public; and
(v) provide notice and public comment
opportunities consistent with
applicable requirements.
(c) Lead Agencies.--
(1) Federal lead agency.--
(A) In general.--The Department of
Transportation, or an operating administration
thereof designated by the Secretary, shall be
the Federal lead agency in the environmental
review process for a project.
(B) Modal administration.--If the project
requires approval from more than 1 modal
administration within the Department, the
Secretary may designate a single modal
administration to serve as the Federal lead
agency for the Department in the environmental
review process for the project.
(2) Joint lead agencies.--Nothing in this section
precludes another agency from being a joint lead agency
in accordance with regulations under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(3) Project sponsor as joint lead agency.--Any
project sponsor that is a State or local governmental
entity receiving funds under this title or chapter 53
of title 49 for the project shall serve as a joint lead
agency with the Department for purposes of preparing
any environmental document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and may prepare any such environmental document
required in support of any action or approval by the
Secretary if the Federal lead agency furnishes guidance
in such preparation and independently evaluates such
document and the document is approved and adopted by
the Secretary prior to the Secretary taking any
subsequent action or making any approval based on such
document, whether or not the Secretary's action or
approval results in Federal funding.
(4) Ensuring compliance.--The Secretary shall ensure
that the project sponsor complies with all design and
mitigation commitments made jointly by the Secretary
and the project sponsor in any environmental document
prepared by the project sponsor in accordance with this
subsection and that such document is appropriately
supplemented if project changes become necessary.
(5) Adoption and use of documents.--Any environmental
document prepared in accordance with this subsection
may be adopted or used by any Federal agency making any
approval to the same extent that such Federal agency
could adopt or use a document prepared by another
Federal agency.
(6) Roles and responsibility of lead agency.--With
respect to the environmental review process for any
project, the lead agency shall have authority and
responsibility--
(A) to take such actions as are necessary and
proper, within the authority of the lead
agency, to facilitate the expeditious
resolution of the environmental review process
for the project;
(B) to prepare or ensure that any required
environmental impact statement or other
document required to be completed under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) is completed in accordance
with this section and applicable Federal law;
and
(C) to consider and respond to comments
received from participating agencies on matters
within the special expertise or jurisdiction of
those agencies.
(d) Participating Agencies.--
(1) In general.--The lead agency shall be responsible
for inviting and designating participating agencies in
accordance with this subsection.
(2) Invitation.--Not later than 45 days after the
date of publication of a notice of intent to prepare an
environmental impact statement or the initiation of an
environmental assessment, the lead agency shall
identify any other Federal and non-Federal agencies
that may have an interest in the project, and shall
invite such agencies to become participating agencies
in the environmental review process for the project.
The invitation shall set a deadline for responses to be
submitted. The deadline may be extended by the lead
agency for good cause.
(3) Federal participating agencies.--Any Federal
agency that is invited by the lead agency to
participate in the environmental review process for a
project shall be designated as a participating agency
by the lead agency unless the invited agency informs
the lead agency, in writing, by the deadline specified
in the invitation that the invited agency--
(A) has no jurisdiction or authority with
respect to the project;
(B) has no expertise or information relevant
to the project; and
(C) does not intend to submit comments on the
project.
(4) Effect of designation.--
(A) Requirement.--A participating agency
shall comply with the requirements of this
section.
(B) Implication.--Designation as a
participating agency under this subsection
shall not imply that the participating agency--
(i) supports a proposed project; or
(ii) has any jurisdiction over, or
special expertise with respect to
evaluation of, the project.
(5) Cooperating agency.--A participating agency may
also be designated by a lead agency as a ``cooperating
agency'' under the regulations contained in part 1500
of title 40, Code of Federal Regulations.
(6) Designations for categories of projects.--The
Secretary may exercise the authorities granted under
this subsection for a project, class of projects, or
program of projects.
(7) Concurrent reviews.--Each participating agency
and cooperating agency shall--
(A) carry out the obligations of that agency
under other applicable law concurrently, and in
conjunction, with the review required under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), unless doing so would
impair the ability of the Federal agency to
conduct needed analysis or otherwise carry out
those obligations; and
(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the
agency to ensure completion of the
environmental review process in a timely,
coordinated, and environmentally responsible
manner.
(8) Single nepa document.--
(A) In general.--Except as inconsistent with
paragraph (7), to the maximum extent
practicable and consistent with Federal law,
all Federal permits and reviews for a project
shall rely on a single environment document
prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
under the leadership of the lead agency.
(B) Use of document.--
(i) In general.--To the maximum
extent practicable, the lead agency
shall develop an environmental document
sufficient to satisfy the requirements
for any Federal approval or other
Federal action required for the
project, including permits issued by
other Federal agencies.
(ii) Cooperation of participating
agencies.--Other participating agencies
shall cooperate with the lead agency
and provide timely information to help
the lead agency carry out this
subparagraph.
(C) Treatment as participating and
cooperating agencies.--A Federal agency
required to make an approval or take an action
for a project, as described in subparagraph
(B), shall work with the lead agency for the
project to ensure that the agency making the
approval or taking the action is treated as
being both a participating and cooperating
agency for the project.
(9) Participating agency responsibilities.--An agency
participating in the environmental review process under
this section shall--
(A) provide comments, responses, studies, or
methodologies on those areas within the special
expertise or jurisdiction of the agency; and
(B) use the process to address any
environmental issues of concern to the agency.
(e) Project Initiation.--
(1) In general.--The project sponsor shall notify the
Secretary of the type of work, termini, length and
general location of the proposed project (including any
additional information that the project sponsor
considers to be important to initiate the process for
the proposed project), together with a statement of any
Federal approvals anticipated to be necessary for the
proposed project, for the purpose of informing the
Secretary that the environmental review process should
be initiated.
(2) Submission of documents.--The project sponsor may
satisfy the requirement under paragraph (1) by
submitting to the Secretary any relevant documents
containing the information described in that paragraph,
including a draft notice for publication in the Federal
Register announcing the preparation of an environmental
review for the project.
(3) Review of application.--Not later than 45 days
after the date on which the Secretary receives
notification under paragraph (1), the Secretary shall
provide to the project sponsor a written response that,
as applicable--
(A) describes the determination of the
Secretary--
(i) to initiate the environmental
review process, including a timeline
and an expected date for the
publication in the Federal Register of
the relevant notice of intent; or
(ii) to decline the application,
including an explanation of the reasons
for that decision; or
(B) requests additional information, and
provides to the project sponsor an accounting
regarding what documentation is necessary to
initiate the environmental review process.
(4) Request to designate a lead agency.--
(A) In general.--Any project sponsor may
submit to the Secretary a request to designate
the operating administration or secretarial
office within the Department of Transportation
with the expertise on the proposed project to
serve as the Federal lead agency for the
project.
(B) Secretarial action.--
(i) In general.--If the Secretary
receives a request under subparagraph
(A), the Secretary shall respond to the
request not later than 45 days after
the date of receipt.
(ii) Requirements.--The response
under clause (i) shall--
(I) approve the request;
(II) deny the request, with
an explanation of the reasons
for the denial; or
(III) require the submission
of additional information.
(iii) Additional information.--If
additional information is submitted in
accordance with clause (ii)(III), the
Secretary shall respond to the
submission not later than 45 days after
the date of receipt.
(5) Environmental checklist.--
(A) Development.--The lead agency for a
project, in consultation with participating
agencies, shall develop, as appropriate, a
checklist to help project sponsors identify
potential natural, cultural, and historic
resources in the area of the project.
(B) Purpose.--The purposes of the checklist
are--
(i) to identify agencies and
organizations that can provide
information about natural, cultural,
and historic resources;
(ii) to develop the information
needed to determine the range of
alternatives; and
(iii) to improve interagency
collaboration to help expedite the
permitting process for the lead agency
and participating agencies.
(f) Purpose and Need; Alternatives Analysis.--
(1) Participation.--As early as practicable during
the environmental review process, the lead agency shall
provide an opportunity for involvement by participating
agencies and the public in defining the purpose and
need for a project.
(2) Definition.--Following participation under
paragraph (1), the lead agency shall define the
project's purpose and need for purposes of any document
which the lead agency is responsible for preparing for
the project.
(3) Objectives.--The statement of purpose and need
shall include a clear statement of the objectives that
the proposed action is intended to achieve, which may
include--
(A) achieving a transportation objective
identified in an applicable statewide or
metropolitan transportation plan;
(B) supporting land use, economic
development, or growth objectives established
in applicable Federal, State, local, or tribal
plans; and
(C) serving national defense, national
security, or other national objectives, as
established in Federal laws, plans, or
policies.
(4) Alternatives analysis.--
(A) Participation.--
(i) In general.--As early as
practicable during the environmental
review process, the lead agency shall
provide an opportunity for involvement
by participating agencies and the
public in determining the range of
alternatives to be considered for a
project.
(ii) Comments of participating
agencies.--To the maximum extent
practicable and consistent with
applicable law, each participating
agency receiving an opportunity for
involvement under clause (i) shall
limit the comments of the agency to
subject matter areas within the special
expertise or jurisdiction of the
agency.
(iii) Effect of nonparticipation.--A
participating agency that declines to
participate in the development of the
purpose and need and range of
alternatives for a project shall be
required to comply with the schedule
developed under subsection (g)(1)(B).
(B) Range of alternatives.--
(i) Determination.--Following
participation under subparagraph (A),
the lead agency shall determine the
range of alternatives for consideration
in any document which the lead agency
is responsible for preparing for the
project.
(ii) Use.--To the maximum extent
practicable and consistent with Federal
law, the range of alternatives
determined for a project under clause
(i) shall be used for all Federal
environmental reviews and permit
processes required for the project
unless the alternatives must be
modified--
(I) to address significant
new information or
circumstances, and the lead
agency and participating
agencies agree that the
alternatives must be modified
to address the new information
or circumstances; or
(II) for the lead agency or a
participating agency to fulfill
the responsibilities of the
agency under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
in a timely manner.
(C) Methodologies.--The lead agency also
shall determine, in collaboration with
participating agencies at appropriate times
during the study process, the methodologies to
be used and the level of detail required in the
analysis of each alternative for a project.
(D) Preferred alternative.--At the discretion
of the lead agency, the preferred alternative
for a project, after being identified, may be
developed to a higher level of detail than
other alternatives in order to facilitate the
development of mitigation measures or
concurrent compliance with other applicable
laws if the lead agency determines that the
development of such higher level of detail will
not prevent the lead agency from making an
impartial decision as to whether to accept
another alternative which is being considered
in the environmental review process.
(E) Reduction of duplication.--
(i) In general.--In carrying out this
paragraph, the lead agency shall reduce
duplication, to the maximum extent
practicable, between--
(I) the evaluation of
alternatives under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
(II) the evaluation of
alternatives in the
metropolitan transportation
planning process under section
134 or an environmental review
process carried out under State
law (referred to in this
subparagraph as a ``State
environmental review
process'').
(ii) Consideration of alternatives.--
The lead agency may eliminate from
detailed consideration an alternative
proposed in an environmental impact
statement regarding a project if, as
determined by the lead agency--
(I) the alternative was
considered in a metropolitan
planning process or a State
environmental review process by
a metropolitan planning
organization or a State or
local transportation agency, as
applicable;
(II) the lead agency provided
guidance to the metropolitan
planning organization or State
or local transportation agency,
as applicable, regarding
analysis of alternatives in the
metropolitan planning process
or State environmental review
process, including guidance on
the requirements of the
National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et
seq.) and any other Federal law
necessary for approval of the
project;
(III) the applicable
metropolitan planning process
or State environmental review
process included an opportunity
for public review and comment;
(IV) the applicable
metropolitan planning
organization or State or local
transportation agency rejected
the alternative after
considering public comments;
(V) the Federal lead agency
independently reviewed the
alternative evaluation approved
by the applicable metropolitan
planning organization or State
or local transportation agency;
and
(VI) the Federal lead agency
determined--
(aa) in consultation
with Federal
participating or
cooperating agencies,
that the alternative to
be eliminated from
consideration is not
necessary for
compliance with the
National Environmental
Policy Act of 1969 (42
U.S.C. 4321 et seq.);
or
(bb) with the
concurrence of Federal
agencies with
jurisdiction over a
permit or approval
required for a project,
that the alternative to
be eliminated from
consideration is not
necessary for any
permit or approval
under any other Federal
law.
(g) Coordination and Scheduling.--
(1) Coordination plan.--
(A) In general.--Not later than 90 days after
the date of publication of a notice of intent
to prepare an environmental impact statement or
the initiation of an environmental assessment,
the lead agency shall establish a plan for
coordinating public and agency participation in
and comment on the environmental review process
for a project or category of projects. The
coordination plan may be incorporated into a
memorandum of understanding.
(B) Schedule.--
(i) In general.--The lead agency
shall establish as part of such
coordination plan, after consultation
with and the concurrence of each
participating agency for the project
and with the State in which the project
is located (and, if the State is not
the project sponsor, with the project
sponsor), a schedule for completion of
the environmental review process for
the project.
(ii) Factors for consideration.--In
establishing the schedule, the lead
agency shall consider factors such as--
(I) the responsibilities of
participating agencies under
applicable laws;
(II) resources available to
the cooperating agencies;
(III) overall size and
complexity of the project;
(IV) the overall schedule for
and cost of the project; and
(V) the sensitivity of the
natural and historic resources
that could be affected by the
project.
(C) Consistency with other time periods.--A
schedule under subparagraph (B) shall be
consistent with any other relevant time periods
established under Federal law.
(D) Modification.--The lead agency may--
(i) lengthen a schedule established
under subparagraph (B) for good cause;
and
(ii) shorten a schedule only with the
concurrence of the affected cooperating
agencies.
(E) Dissemination.--A copy of a schedule
under subparagraph (B), and of any
modifications to the schedule, shall be--
(i) provided to all participating
agencies and to the State
transportation department of the State
in which the project is located (and,
if the State is not the project
sponsor, to the project sponsor); and
(ii) made available to the public.
(2) Comment deadlines.--The lead agency shall
establish the following deadlines for comment during
the environmental review process for a project:
(A) For comments by agencies and the public
on a draft environmental impact statement, a
period of not more than 60 days after
publication in the Federal Register of notice
of the date of public availability of such
document, unless--
(i) a different deadline is
established by agreement of the lead
agency, the project sponsor, and all
participating agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
(B) For all other comment periods established
by the lead agency for agency or public
comments in the environmental review process, a
period of no more than 30 days from
availability of the materials on which comment
is requested, unless--
(i) a different deadline is
established by agreement of the lead
agency, the project sponsor, and all
participating agencies; or
(ii) the deadline is extended by the
lead agency for good cause.
(3) Deadlines for decisions under other laws.--In any
case in which a decision under any Federal law relating
to a project (including the issuance or denial of a
permit or license) is required to be made by the later
of the date that is 180 days after the date on which
the Secretary made all final decisions of the lead
agency with respect to the project, or 180 days after
the date on which an application was submitted for the
permit or license, 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 and publish on the
Internet--
(A) as soon as practicable after the 180-day
period, an initial notice of the failure of the
Federal agency to make the decision; and
(B) every 60 days thereafter until such date
as all decisions of the Federal agency relating
to the project have been made by the Federal
agency, an additional notice that describes the
number of decisions of the Federal agency that
remain outstanding as of the date of the
additional notice.
(4) Involvement of the public.--Nothing in this
subsection shall reduce any time period provided for
public comment in the environmental review process
under existing Federal law, including a regulation.
(h) Issue Identification and Resolution.--
(1) Cooperation.--The lead agency and the
participating agencies shall work cooperatively in
accordance with this section to identify and resolve
issues that could delay completion of the environmental
review process or could result in denial of any
approvals required for the project under applicable
laws.
(2) Lead agency responsibilities.--The lead agency
shall make information available to the participating
agencies as early as practicable in the environmental
review process regarding the environmental and
socioeconomic resources located within the project area
and the general locations of the alternatives under
consideration. Such information may be based on
existing data sources, including geographic information
systems mapping.
(3) Participating agency responsibilities.--Based on
information received from the lead agency,
participating agencies shall identify, as early as
practicable, any issues of concern regarding the
project's potential environmental or socioeconomic
impacts. In this paragraph, issues of concern include
any issues that could substantially delay or prevent an
agency from granting a permit or other approval that is
needed for the project.
(4) Issue resolution.--Any issue resolved by the lead
agency with the concurrence of participating agencies
may not be reconsidered unless significant new
information or circumstances arise.
(5) Interim decision on achieving accelerated
decisionmaking.--
(A) In general.--Not later than 30 days after
the close of the public comment period on a
draft environmental impact statement, the
Secretary may convene a meeting with the
project sponsor, lead agency, resource
agencies, and any relevant State agencies to
ensure that all parties are on schedule to meet
deadlines for decisions to be made regarding
the project.
(B) Deadlines.--The deadlines referred to in
subparagraph (A) shall be those established
under subsection (g), or any other deadlines
established by the lead agency, in consultation
with the project sponsor and other relevant
agencies.
(C) Failure to assure.--If the relevant
agencies cannot provide reasonable assurances
that the deadlines described in subparagraph
(B) will be met, the Secretary may initiate the
issue resolution and referral process described
under paragraph (6) before the completion of
the record of decision.
(6) Accelerated issue resolution and referral.--
(A) Agency issue resolution meeting.--
(i) In general.--A Federal agency of
jurisdiction, project sponsor, or the
Governor of a State in which a project
is located may request an issue
resolution meeting to be conducted by
the lead agency.
(ii) Action by lead agency.--The lead
agency shall convene an issue
resolution meeting under clause (i)
with the relevant participating
agencies and the project sponsor,
including the Governor only if the
meeting was requested by the Governor,
to resolve issues that could--
(I) delay completion of the
environmental review process;
or
(II) result in denial of any
approvals required for the
project under applicable laws.
(iii) Date.--A meeting requested
under this subparagraph shall be held
by not later than 21 days after the
date of receipt of the request for the
meeting, unless the lead agency
determines that there is good cause to
extend the time for the meeting.
(iv) Notification.--On receipt of a
request for a meeting under this
subparagraph, the lead agency shall
notify all relevant participating
agencies of the request, including the
issue to be resolved, and the date for
the meeting.
(v) Disputes.--If a relevant
participating agency with jurisdiction
over an approval required for a project
under applicable law determines that
the relevant information necessary to
resolve the issue has not been obtained
and could not have been obtained within
a reasonable time, but the lead agency
disagrees, the resolution of the
dispute shall be forwarded to the heads
of the relevant agencies for
resolution.
(vi) Convention by lead agency.--A
lead agency may convene an issue
resolution meeting under this
subsection at any time without the
request of the Federal agency of
jurisdiction, project sponsor, or the
Governor of a State.
(B) Elevation of issue resolution.--
(i) In general.--If issue resolution
is not achieved by not later than 30
days after the date of a relevant
meeting under subparagraph (A), the
Secretary shall notify the lead agency,
the heads of the relevant participating
agencies, and the project sponsor
(including the Governor only if the
initial issue resolution meeting
request came from the Governor) that an
issue resolution meeting will be
convened.
(ii) Requirements.--The Secretary
shall identify the issues to be
addressed at the meeting and convene
the meeting not later than 30 days
after the date of issuance of the
notice.
(C) Referral of issue resolution.--
(i) Referral to council on
environmental quality.--
(I) In general.--If
resolution is not achieved by
not later than 30 days after
the date of an issue resolution
meeting under subparagraph (B),
the Secretary shall refer the
matter to the Council on
Environmental Quality.
(II) Meeting.--Not later than
30 days after the date of
receipt of a referral from the
Secretary under subclause (I),
the Council on Environmental
Quality shall hold an issue
resolution meeting with the
lead agency, the heads of
relevant participating
agencies, and the project
sponsor (including the Governor
only if an initial request for
an issue resolution meeting
came from the Governor).
(ii) Referral to the president.--If a
resolution is not achieved by not later
than 30 days after the date of the
meeting convened by the Council on
Environmental Quality under clause
(i)(II), the Secretary shall refer the
matter directly to the President.
(7) Financial penalty provisions.--
(A) In general.--A Federal agency of
jurisdiction over an approval required for a
project under applicable laws shall complete
any required approval on an expeditious basis
using the shortest existing applicable process.
(B) Failure to decide.--
(i) In general.--If an agency
described in subparagraph (A) fails to
render a decision under any Federal law
relating to a project that requires the
preparation of an environmental impact
statement or environmental assessment,
including the issuance or denial of a
permit, license, or other approval by
the date described in clause (ii), an
amount of funding equal to the amounts
specified in subclause (I) or (II)
shall be rescinded from the applicable
office of the head of the agency, or
equivalent office to which the
authority for rendering the decision
has been delegated by law by not later
than 1 day after the applicable date
under clause (ii), and once each week
thereafter until a final decision is
rendered, subject to subparagraph (C)--
(I) $20,000 for any project
for which an annual financial
plan is required under
subsection (h) or (i) of
section 106; or
(II) $10,000 for any other
project requiring preparation
of an environmental assessment
or environmental impact
statement.
(ii) Description of date.--The date
referred to in clause (i) is--
(I) the date that is 30 days
after the date for rendering a
decision as described in the
project schedule established
pursuant to subsection
(g)(1)(B);
(II) if no schedule exists,
the later of--
(aa) the date that is
180 days after the date
on which an application
for the permit,
license, or approval is
complete; and
(bb) the date that is
180 days after the date
on which the Federal
lead agency issues a
decision on the project
under the National
Environmental Policy
Act of 1969 (42 U.S.C.
4321 et seq.); or
(III) a modified date in
accordance with subsection
(g)(1)(D).
(C) Limitations.--
(i) In general.--No rescission of
funds under subparagraph (B) relating
to an individual project shall exceed,
in any fiscal year, an amount equal to
2.5 percent of the funds made available
for the applicable agency office.
(ii) Failure to decide.--The total
amount rescinded in a fiscal year as a
result of a failure by an agency to
make a decision by an applicable
deadline shall not exceed an amount
equal to 7 percent of the funds made
available for the applicable agency
office for that fiscal year.
(D) No fault of agency.--A rescission of
funds under this paragraph shall not be made if
the lead agency for the project certifies
that--
(i) the agency has not received
necessary information or approvals from
another entity, such as the project
sponsor, in a manner that affects the
ability of the agency to meet any
requirements under State, local, or
Federal law; or
(ii) significant new information or
circumstances, including a major
modification to an aspect of the
project, requires additional analysis
for the agency to make a decision on
the project application.
(E) Limitation.--The Federal agency with
jurisdiction for the decision from which funds
are rescinded pursuant to this paragraph shall
not reprogram funds to the office of the head
of the agency, or equivalent office, to
reimburse that office for the loss of the
funds.
(F) Audits.--In any fiscal year in which any
funds are rescinded from a Federal agency
pursuant to this paragraph, the Inspector
General of that agency shall--
(i) conduct an audit to assess
compliance with the requirements of
this paragraph; and
(ii) not later than 120 days after
the end of the fiscal year during which
the rescission occurred, 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
describing the reasons why the
transfers were levied, including
allocations of resources.
(G) Effect of paragraph.--Nothing in this
paragraph affects or limits the application of,
or obligation to comply with, any Federal,
State, local, or tribal law.
(8) Expedient decisions and reviews.--To ensure that
Federal environmental decisions and reviews are
expeditiously made--
(A) adequate resources made available under
this title shall be devoted to ensuring that
applicable environmental reviews under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) are completed on an
expeditious basis and that the shortest
existing applicable process under that Act is
implemented; and
(B) the President 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, not less frequently than once every
120 days after the date of enactment of the
MAP-21, a report on the status and progress of
the following projects and activities funded
under this title with respect to compliance
with applicable requirements under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.):
(i) Projects and activities required
to prepare an annual financial plan
under section 106(i).
(ii) A sample of not less than 5
percent of the projects requiring
preparation of an environmental impact
statement or environmental assessment
in each State.
(i) Performance Measurement.--The Secretary shall establish a
program to measure and report on progress toward improving and
expediting the planning and environmental review process.
(j) Assistance to Affected State and Federal Agencies.--
(1) In general.--
(A) Authority to provide funds.--The
Secretary may allow a public entity receiving
financial assistance from the Department of
Transportation under this title or chapter 53
of title 49 to provide funds to Federal
agencies (including the Department), State
agencies, and Indian tribes participating in
the environmental review process for the
project or program.
(B) Use of funds.--Funds referred to in
subparagraph (A) may be provided only to
support activities that directly and
meaningfully contribute to expediting and
improving permitting and review processes,
including planning, approval, and consultation
processes for the project or program.
(2) Activities eligible for funding.--Activities for
which funds may be provided under paragraph (1) include
transportation planning activities that precede the
initiation of the environmental review process,
activities directly related to the environmental review
process, dedicated staffing, training of agency
personnel, information gathering and mapping, and
development of programmatic agreements.
(3) Use of federal lands highway funds.--The
Secretary may also use funds made available under
section 204 for a project for the purposes specified in
this subsection with respect to the environmental
review process for the project.
(4) Amounts.--Requests under paragraph (1) may be
approved only for the additional amounts that the
Secretary determines are necessary for the Federal
agencies, State agencies, or Indian tribes
participating in the environmental review process to
meet the time limits for environmental review.
(5) Condition.--A request under paragraph (1) to
expedite time limits for environmental review may be
approved only if such time limits are less than the
customary time necessary for such review.
(6) Agreement.--Prior to providing funds approved by
the Secretary for dedicated staffing at an affected
agency under paragraphs (1) and (2), the affected
agency and the requesting public entity shall enter
into an agreement that establishes the projects and
priorities to be addressed by the use of the funds.
(k) Judicial Review and Savings Clause.--
(1) Judicial review.--Except as set forth under
subsection (l), nothing in this section shall affect
the reviewability of any final Federal agency action in
a court of the United States or in the court of any
State.
(2) Savings clause.--Nothing in this section shall be
construed as superseding, amending, or modifying the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or any other Federal environmental
statute or affect the responsibility of any Federal
officer to comply with or enforce any such statute.
(3) Limitations.--Nothing in this section shall
preempt or interfere with--
(A) any practice of seeking, considering, or
responding to public comment; or
(B) any power, jurisdiction, responsibility,
or authority that a Federal, State, or local
government agency, metropolitan planning
organization, Indian tribe, or project sponsor
has with respect to carrying out a project or
any other provisions of law applicable to
projects, plans, or programs.
(l) Limitations on Claims.--
(1) In general.--Notwithstanding any other provision
of law, a claim arising under Federal law seeking
judicial review of a permit, license, or approval
issued by a Federal agency for a highway or public
transportation capital project shall be barred unless
it is filed within 150 days after publication of a
notice in the Federal Register announcing that the
permit, license, or approval is final pursuant to the
law under which the agency action is taken, unless a
shorter time is specified in the Federal law pursuant
to which judicial review is allowed. Nothing in this
subsection shall create a right to judicial review or
place any limit on filing a claim that a person has
violated the terms of a permit, license, or approval.
(2) New information.--The Secretary shall consider
new information received after the close of a comment
period if the information satisfies the requirements
for a supplemental environmental impact statement under
section 771.130 of title 23, Code of Federal
Regulations. The preparation of a supplemental
environmental impact statement when required shall be
considered a separate final agency action and the
deadline for filing a claim for judicial review of such
action shall be 150 days after the date of publication
of a notice in the Federal Register announcing such
action.
(m) Enhanced Technical Assistance and Accelerated Project
Completion.--
(1) Definition of covered project.--In this
subsection, the term ``covered project'' means a
project--
(A) that has an ongoing environmental impact
statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
and
(B) for which at least 2 years, beginning on
the date on which a notice of intent is issued,
have elapsed without the issuance of a record
of decision.
(2) Technical assistance.--At the request of a
project sponsor or the Governor of a State in which a
project is located, the Secretary shall provide
additional technical assistance to resolve for a
covered project any outstanding issues and project
delay, including by--
(A) providing additional staff, training, and
expertise;
(B) facilitating interagency coordination;
(C) promoting more efficient collaboration;
and
(D) supplying specialized onsite assistance.
(3) Scope of work.--
(A) In general.--In providing technical
assistance for a covered project under this
subsection, the Secretary shall establish a
scope of work that describes the actions that
the Secretary will take to resolve the
outstanding issues and project delays,
including establishing a schedule under
subparagraph (B).
(B) Schedule.--
(i) In general.--The Secretary shall
establish and meet a schedule for the
completion of any permit, approval,
review, or study, required for the
covered project by the date that is not
later than 4 years after the date on
which a notice of intent for the
covered project is issued.
(ii) Inclusions.--The schedule under
clause (i) shall--
(I) comply with all
applicable laws;
(II) require the concurrence
of the Council on Environmental
Quality and each participating
agency for the project with the
State in which the project is
located or the project sponsor,
as applicable; and
(III) reflect any new
information that becomes
available and any changes in
circumstances that may result
in new significant impacts that
could affect the timeline for
completion of any permit,
approval, review, or study
required for the covered
project.
(4) Consultation.--In providing technical assistance
for a covered project under this subsection, the
Secretary shall consult, if appropriate, with resource
and participating agencies on all methods available to
resolve the outstanding issues and project delays for a
covered project as expeditiously as possible.
(5) Enforcement.--
(A) In general.--All provisions of this
section shall apply to this subsection,
including the financial penalty provisions
under subsection (h)(6).
(B) Restriction.--If the Secretary enforces
this subsection under subsection (h)(6), the
Secretary may use a date included in a schedule
under paragraph (3)(B) that is created pursuant
to and is in compliance with this subsection in
lieu of the dates under subsection
(h)(6)(B)(ii).
(n) Accelerated Decisionmaking in Environmental Reviews.--
(1) In general.--In preparing a final environmental
impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the
lead agency modifies the statement in response to
comments that are minor and are confined to factual
corrections or explanations of why the comments do not
warrant additional agency response, the lead agency may
write on errata sheets attached to the statement
instead of rewriting the draft statement, subject to
the condition that the errata sheets--
(A) cite the sources, authorities, and
reasons that support the position of the
agency; and
(B) if appropriate, indicate the
circumstances that would trigger agency
reappraisal or further response.
(2) Single document.--To the maximum extent
practicable, the lead agency shall expeditiously
develop a single document that consists of a final
environmental impact statement and a record of
decision, unless--
(A) the final environmental impact statement
makes substantial changes to the proposed
action that are relevant to environmental or
safety concerns; or
(B) there is a significant new circumstance
or information relevant to environmental
concerns that bears on the proposed action or
the impacts of the proposed action.
(o) Improving Transparency in Environmental Reviews.--
(1) In general.--Not later than 18 months after the
date of enactment of this subsection, the Secretary
shall--
(A) use the searchable Internet website
maintained under section 41003(b) of the FAST
Act--
(i) to make publicly available the
status and progress of projects
requiring an environmental assessment
or an environmental impact statement
with respect to compliance with
applicable requirements of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any other
Federal, State, or local approval
required for those projects; and
(ii) to make publicly available the
names of participating agencies not
participating in the development of a
project purpose and need and range of
alternatives under subsection (f); and
(B) issue reporting standards to meet the
requirements of subparagraph (A).
(2) Federal, state, and local agency participation.--
(A) Federal agencies.--A Federal agency
participating in the environmental review or
permitting process for a project shall provide
to the Secretary information regarding the
status and progress of the approval of the
project for publication on the Internet website
referred to in paragraph (1)(A), consistent
with the standards established under paragraph
(1)(B).
(B) State and local agencies.--The Secretary
shall encourage State and local agencies
participating in the environmental review
permitting process for a project to provide
information regarding the status and progress
of the approval of the project for publication
on the Internet website referred to in
paragraph (1)(A).
(3) States with delegated authority.--A State with
delegated authority for responsibilities under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) pursuant to section 327 shall be
responsible for supplying to the Secretary project
development and compliance status for all applicable
projects.
Sec. 140. Nondiscrimination
(a) Prior to approving any programs for projects as provided
for in section 135, the Secretary shall require assurances from
any State desiring to avail itself of the benefits of this
chapter that employment in connection with proposed projects
will be provided without regard to race, color, creed, national
origin, or sex. The Secretary shall require that each State
shall include in the advertised specifications, notification of
the specific equal employment opportunity responsibilities of
the successful bidder. In approving programs for projects on
any of the Federal-aid systems, the Secretary, if necessary to
ensure equal employment opportunity, shall require
certification by any State desiring to avail itself of the
benefits of this chapter that there are in existence and
available on a regional, statewide, or local basis,
apprenticeship, skill improvement or other upgrading programs,
registered with the Department of Labor or the appropriate
State agency, if any, which provide equal opportunity for
training and employment without regard to race, color, creed,
national origin, or sex. In implementing such programs, a State
may reserve training positions for persons who receive welfare
assistance from such State; except that the implementation of
any such program shall not cause current employees to be
displaced or current positions to be supplanted or preclude
workers that are participating in an apprenticeship, skill
improvement, or other upgrading program registered with the
Department of Labor or the appropriate State agency from being
referred to, or hired on, projects funded under this title
without regard to the length of time of their participation in
such program. The Secretary shall periodically obtain from the
Secretary of Labor and the respective State transportation
departments information which will enable the Secretary to
judge compliance with the requirements of this section and the
Secretary of Labor shall render to the Secretary such
assistance and information as the Secretary of Transportation
shall deem necessary to carry out the equal employment
opportunity program required hereunder.
[(b) The Secretary, in cooperation with 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. From administrative funds made
available under section 104(a), the Secretary shall deduct such
sums as necessary, not to exceed $10,000,000 per fiscal year,
for the administration of this subsection. Such sums so
deducted shall remain available until expended. The provisions
of section 6101(b) to (d) of title 41 shall not be applicable
to contracts and agreements made under the authority herein
granted to the Secretary. Notwithstanding any other provision
of law, not to exceed 1/2 of 1 percent of funds apportioned to
a State for the surface transportation block grant program
under section 104(b) may be available to carry out this
subsection upon request of the State transportation department
to the Secretary.]
(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 Tribe or Tribal
organization, 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 program 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(b) may be
available to carry out this subsection upon request of
the State transportation department to the Secretary.
(c) The Secretary, in cooperation with 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 training
programs and assistance programs in connection with any program
under this title in order that minority businesses may achieve
proficiency to compete, on an equal basis, for contracts and
subcontracts. From administrative funds made available under
section 104(a), the Secretary shall deduct such sums as
necessary, not to exceed $10,000,000 per fiscal year, for the
administration of this subsection. The provisions of section
6101(b) to (d) of title 41 shall not be applicable to contracts
and agreements made under the authority herein granted to the
Secretary notwithstanding the provisions of section 3106 of
title 41.
(d) Indian Employment.--Consistent with section 703(i) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2(i)), nothing in
this section shall preclude the preferential employment of
Indians living on or near a reservation on projects and
contracts on Indian reservation roads. States may implement a
preference for employment of Indians on projects carried out
under this title near Indian reservations. The Secretary shall
cooperate with Indian tribal governments and the States to
implement this subsection.
* * * * * * *
Sec. 142. Public transportation
(a)(1) To encourage the development, improvement, and use of
public mass transportation systems operating buses on Federal-
aid highways for the transportation of passengers, so as to
increase the traffic capacity of the Federal-aid highways for
the movement of persons, the Secretary may approve as a project
on any Federal-aid highway the construction of exclusive or
preferential high occupancy vehicle lanes, highway traffic
control devices, bus passenger loading areas and facilities
(including shelters), and fringe and transportation corridor
parking facilities, which may include electric vehicle charging
stations or natural gas vehicle refueling stations, to serve
high occupancy vehicle and public mass transportation
passengers, and sums apportioned under section 104(b) of this
title shall be available to finance the cost of projects under
this paragraph. If fees are charged for the use of any parking
facility constructed under this section, the rate thereof shall
not be in excess of that required for maintenance and operation
of the facility and the cost of providing shuttle service to
and from the facility (including compensation to any person for
operating the facility and for providing such shuttle service).
(2) In addition to the projects under paragraph (1), the
Secretary may approve payment from sums apportioned under
section 104(b)(2) for carrying out any capital transit project
eligible for assistance under chapter 53 of title 49, capital
improvement to provide access and coordination between
intercity and rural bus service, and construction of facilities
to provide connections between highway transportation and other
modes of transportation.
(b) Sums apportioned in accordance with section 104(b)(1)
shall be available to finance the Federal share of projects for
exclusive or preferential high occupancy vehicle, truck, and
emergency vehicle routes or lanes. Routes constructed under
this subsection shall not be subject to the third sentence of
section 109(b) of this title.
(c) Accommodation of Other Modes of Transportation.--The
Secretary may approve as a project on any Federal-aid highway
for payment from sums apportioned under section 104(b)
modifications to existing highways eligible under the program
that is the source of the funds on such highway necessary to
accommodate other modes of transportation if such modifications
will not adversely affect automotive safety.
(d) Metropolitan Planning.--Any project carried out under
this section in an urbanized area shall be subject to the
metropolitan planning requirements of section 134.
(e)(1) For all purposes of this title, a project authorized
by subsection (a)(1) of this section shall be deemed to be a
highway project.
(2) Projects authorized by subsection (a)(2) shall be subject
to, and governed in accordance with, all provisions of this
title applicable to projects on the surface transportation
[block grant] program, except to the extent determined
inconsistent by the Secretary.
(3) The Federal share payable on account of projects
authorized by subsection (a) of this section shall be that
provided in section 120 of this title.
(f) Availability of Rights-of-Way.--In any case where
sufficient land or air space exists within the publicly
acquired rights-of-way of any highway, constructed in whole or
in part with Federal-aid highway funds, to accommodate needed
passenger, commuter, or high speed rail, magnetic levitation
systems, and highway and nonhighway public mass transit
facilities, the Secretary shall authorize a State to make such
lands, air space, and rights-of-way available with or without
charge to a publicly or privately owned authority or company or
any other person for such purposes if such accommodation will
not adversely affect automotive safety.
(g) The provision of assistance under subsection (a)(2) shall
not be construed as bringing within the application of chapter
15 of title 5, United States Code, any non-supervisory employee
of an urban mass transportation system (or of any other agency
or entity performing related functions) to whom such chapter is
otherwise inapplicable.
(h) Funds available for expenditure to carry out the purposes
of subsection (a)(2) of this section shall be supplementary to
and not in substitution for funds authorized and available for
obligation pursuant to chapter 53 of title 49.
[(i) The provisions of section 5323(a)(1)(D) of title 49
shall apply in carrying out subsection (a)(2) of this section.]
Sec. 143. Highway use tax evasion projects
(a) State Defined.--In this section, the term ``State'' means
the 50 States and the District of Columbia.
(b) Projects.--
(1) In general.--The Secretary shall carry out
highway use tax evasion projects in accordance with
this subsection.
(2) Funding.--
(A) In general.--From administrative funds
made available under section 104(a), the
Secretary may deduct such sums as are
necessary, not to exceed $4,000,000 for each of
fiscal years [2016 through 2020] 2023 through
2026, to carry out this section.
(B) Allocation of funds.--Funds made
available to carry out this section may be
allocated to the Internal Revenue Service and
the States at the discretion of the Secretary,
except that of funds so made available for each
fiscal year, $2,000,000 shall be available only
to carry out intergovernmental enforcement
efforts, including research and training.
(3) Conditions on funds allocated to internal revenue
service.--Except as otherwise provided in this section,
the Secretary shall not impose any condition on the use
of funds allocated to the Internal Revenue Service
under this subsection.
(4) Limitation on use of funds.--Funds made available
to carry out this section shall be used only--
(A) to expand efforts to enhance motor fuel
tax enforcement;
(B) to fund additional Internal Revenue
Service staff, but only to carry out functions
described in this paragraph;
(C) to supplement motor fuel tax examinations
and criminal investigations;
(D) to develop automated data processing
tools to monitor motor fuel production and
sales;
(E) to evaluate and implement registration
and reporting requirements for motor fuel
taxpayers;
(F) to reimburse State expenses that
supplement existing fuel tax compliance
efforts;
(G) to analyze and implement programs to
reduce tax evasion associated with other
highway use taxes;
(H) to support efforts between States and
Indian tribes to address issues relating to
State motor fuel taxes; and
(I) to analyze and implement programs to
reduce tax evasion associated with foreign
imported fuel.
(5) Maintenance of effort.--The Secretary may not
make an allocation to a State under this subsection for
a fiscal year unless the State certifies that the
aggregate expenditure of funds of the State, exclusive
of Federal funds, for motor fuel tax enforcement
activities will be maintained at a level that does not
fall below the average level of such expenditure for
the preceding 2 fiscal years of the State.
(6) Federal share.--The Federal share of the cost of
a project carried out under this subsection shall be
100 percent.
(7) Period of availability.--Funds authorized to
carry out this section shall remain available for
obligation for a period of 3 years after the last day
of the fiscal year for which the funds are authorized.
(8) Use of surface transportation [block
grant]program funding.--In addition to funds made
available to carry out this section, a State may expend
up to 1/4 of 1 percent of the funds apportioned to the
State for a fiscal year under section 104(b)(2) on
initiatives to halt the evasion of payment of motor
fuel taxes.
(9) Reports.--The Commissioner of the Internal
Revenue Service and each State shall submit to the
Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate
an annual report that describes the projects,
examinations, and criminal investigations funded by and
carried out under this section. Such report shall
specify the estimated annual yield from such projects,
examinations, and criminal investigations.
(c) Excise Tax Fuel Reporting.--
(1) In general.--Not later than 90 days after the
date of enactment of the SAFETEA-LU, the Secretary
shall enter into a memorandum of understanding with the
Commissioner of the Internal Revenue Service for the
purposes of--
(A) the additional development of
capabilities needed to support new reporting
requirements and databases established under
such Act and the American Jobs Creation Act of
2004 (Public Law 108-357), and such other
reporting requirements and database development
as may be determined by the Secretary, in
consultation with the Commissioner of the
Internal Revenue Service, to be useful in the
enforcement of fuel excise taxes, including
provisions recommended by the Fuel Tax
Enforcement Advisory Committee,
(B) the completion of requirements needed for
the electronic reporting of fuel transactions
from carriers and terminal operators,
(C) the operation and maintenance of an
excise summary terminal activity reporting
system and other systems used to provide
strategic analyses of domestic and foreign
motor fuel distribution trends and patterns,
(D) the collection, analysis, and sharing of
information on fuel distribution and compliance
or noncompliance with fuel taxes, and
(E) the development, completion, operation,
and maintenance of an electronic claims filing
system and database and an electronic database
of heavy vehicle highway use payments.
(2) Elements of memorandum of understanding.--The
memorandum of understanding shall provide that--
(A) the Internal Revenue Service shall
develop and maintain any system under paragraph
(1) through contracts,
(B) any system under paragraph (1) shall be
under the control of the Internal Revenue
Service, and
(C) any system under paragraph (1) shall be
made available for use by appropriate State and
Federal revenue, tax, and law enforcement
authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
(3) Funding.--Of the amounts made available to carry
out this section for each fiscal year, the Secretary
shall make available to the Internal Revenue Service
such funds as may be necessary to complete, operate,
and maintain the systems under paragraph (1) in
accordance with this subsection.
(4) Reports.--Not later than September 30 of each
year, the Commissioner of the Internal Revenue Service
shall provide reports to the Secretary on the status of
the Internal Revenue Service projects funded under this
subsection.
Sec. 144. [National bridge and tunnel inventory and inspection
standards] Bridges and tunnels
(a) Findings and Declarations.--
(1) Findings.--Congress finds that--
(A) the condition of the bridges of the
United States has improved since the date of
enactment of the Transportation Equity Act for
the 21st Century (Public Law 105-178; 112 Stat.
107), yet continued improvement to bridge
conditions is essential to protect the safety
of the traveling public and allow for the
efficient movement of people and goods on which
the economy of the United States relies; and
(B) the systematic preventative maintenance
of bridges, and replacement and rehabilitation
of [deficient] bridges, should be undertaken
through an overall asset management approach to
transportation investment.
(2) Declarations.--Congress declares that it is in
the vital interest of the United States--
(A) to inventory, inspect, and improve the
condition of the highway bridges and tunnels of
the United States;
(B) to use a data-driven, risk-based approach
and cost-effective strategy for systematic
preventative maintenance, replacement, and
rehabilitation of highway bridges and tunnels
to ensure safety, resilience, and extended
service life;
(C) to use performance-based bridge
management systems to assist States in making
timely investments;
(D) to ensure accountability and link
performance outcomes to investment decisions;
[and]
(E) to ensure connectivity and access for
residents of rural areas of the United States
through strategic investments in National
Highway System bridges and bridges on all
public roads[.]; and
(F) to ensure adequate passage of aquatic and
terrestrial species, where appropriate.
(b) National Bridge and Tunnel Inventories.--The Secretary,
in consultation with the States and Federal agencies with
jurisdiction over highway bridges and tunnels, shall--
(1) inventory all highway bridges on public roads, on
and off Federal-aid highways, including tribally owned
and Federally owned bridges, that are bridges over
waterways, other topographical barriers, other
highways, and railroads;
(2) inventory all tunnels on public roads, on and off
Federal-aid highways, including tribally owned and
Federally owned tunnels;
(3) classify the bridges according to serviceability,
safety, and essentiality for public use, including the
potential impacts to emergency evacuation routes and to
regional and national freight and passenger mobility if
the serviceability of the bridge is restricted or
diminished;
(4) based on that classification, assign each a risk-
based priority for systematic preventative maintenance,
replacement, or rehabilitation; and
(5) determine the cost of replacing each
[structurally deficient bridge] bridge classified as in
poor condition identified under this subsection with a
comparable facility or the cost of rehabilitating the
bridge.
(c) General Bridge Authority.--
(1) In general.--Except as provided in paragraph (2)
and notwithstanding any other provision of law, the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.)
shall apply to bridges authorized to be replaced, in
whole or in part, by this title.
(2) Exception.--Section 502(b) of the General Bridge
Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act
of March 3, 1899 (33 U.S.C. 401), shall not apply to
any bridge constructed, reconstructed, rehabilitated,
or replaced with assistance under this title, if the
bridge is over waters that--
(A) are not used and are not susceptible to
use in the natural condition of the water or by
reasonable improvement as a means to transport
interstate or foreign commerce; and
(B) are--
(i) not tidal; or
(ii) if tidal, used only by
recreational boating, fishing, and
other small vessels that are less than
21 feet in length.
(d) Inventory Updates and Reports.--
(1) In general.--The Secretary shall--
(A) annually revise the inventories
authorized by subsection (b); and
(B) 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 the inventories.
(2) Inspection report.--[Not later than 2 years after
the date of enactment of the MAP-21, each] Each State
and appropriate Federal agency shall report element
level data to the Secretary, as each bridge is
inspected pursuant to this section, for all highway
bridges on the National Highway System.
(3) Guidance.--The Secretary shall provide guidance
to States and Federal agencies for implementation of
this subsection, while respecting the existing
inspection schedule of each State.
[(4) Bridges not on national highway system.--The
Secretary shall--
[(A) conduct a study on the benefits, cost-
effectiveness, and feasibility of requiring
element-level data collection for bridges not
on the National Highway System; and
[(B) 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 the results of the study.]
(e) Bridges Without Taxing Powers.--
(1) In general.--Notwithstanding any other provision
of law, any bridge that is owned and operated by an
agency that does not have taxing powers and whose
functions include operating a federally assisted public
transit system subsidized by toll revenues shall be
eligible for assistance under this title, but the
amount of such assistance shall in no event exceed the
cumulative amount which such agency has expended for
capital and operating costs to subsidize such transit
system.
(2) Insufficient assets.--Before authorizing an
expenditure of funds under this subsection, the
Secretary shall determine that the applicant agency has
insufficient reserves, surpluses, and projected
revenues (over and above those required for bridge and
transit capital and operating costs) to fund the bridge
project or activity eligible for assistance under this
title.
(3) Crediting of non-federal funds.--Any non-Federal
funds expended for the seismic retrofit of the bridge
may be credited toward the non-Federal share required
as a condition of receipt of any Federal funds for
seismic retrofit of the bridge made available after the
date of the expenditure.
(f) Replacement of Destroyed Bridges and Ferry Boat
Service.--
(1) In general.--Notwithstanding any other provision
of law, a State may use the funds apportioned under
section 104(b)(2) to construct any bridge that
replaces--
(A) any low water crossing (regardless of the
length of the low water crossing);
(B) any bridge that was destroyed prior to
January 1, 1965;
(C) any ferry that was in existence on
January 1, 1984; or
(D) any road bridge that is rendered obsolete
as a result of a Corps of Engineers flood
control or channelization project and is not
rebuilt with funds from the Corps of Engineers.
(2) Federal share.--The Federal share payable on any
bridge construction carried out under paragraph (1)
shall be 80 percent of the cost of the construction.
(g) Historic Bridges.--
(1) Definition of historic bridge.--In this
subsection, the term ``historic bridge'' means any
bridge that is listed on, or eligible for listing on,
the National Register of Historic Places.
(2) Coordination.--The Secretary shall, in
cooperation with the States, encourage the retention,
rehabilitation, adaptive reuse, and future study of
historic bridges.
(3) State inventory.--The Secretary shall require
each State to complete an inventory of all bridges on
and off Federal-aid highways to determine the historic
significance of the bridges.
(4) Eligibility.--
(A) In general.--Subject to subparagraph (B),
reasonable costs associated with actions to
preserve, or reduce the impact of a project
under this chapter on, the historic integrity
of a historic bridge shall be eligible as
reimbursable project costs under section 133 if
the load capacity and safety features of the
historic bridge are adequate to serve the
intended use for the life of the historic
bridge.
(B) Bridges not used for vehicle traffic.--In
the case of a historic bridge that is no longer
used for motorized vehicular traffic, the costs
eligible as reimbursable project costs pursuant
to this chapter shall not exceed the estimated
cost of demolition of the historic bridge.
(5) Preservation.--Any State that proposes to
demolish a historic bridge for a replacement project
with funds made available to carry out this section
shall first make the historic bridge available for
donation to a State, locality, or responsible private
entity if the State, locality, or responsible entity
enters into an agreement--
(A) to maintain the bridge and the features
that give the historic bridge its historic
significance; and
(B) to assume all future legal and financial
responsibility for the historic bridge, which
may include an agreement to hold the State
transportation department harmless in any
liability action.
(6) Costs incurred.--
(A) In general.--Costs incurred by the State
to preserve a historic bridge (including funds
made available to the State, locality, or
private entity to enable it to accept the
bridge) shall be eligible as reimbursable
project costs under this chapter in an amount
not to exceed the cost of demolition.
(B) Additional funding.--Any bridge preserved
pursuant to this paragraph shall not be
eligible for any other funds authorized
pursuant to this title.
(h) National Bridge and Tunnel Inspection Standards.--
(1) Requirement.--
(A) In general.--The Secretary shall
establish and maintain inspection standards for
the proper inspection and evaluation of all
highway bridges and tunnels for safety and
serviceability.
(B) Uniformity.--The standards under this
subsection shall be designed to ensure
uniformity of the inspections and evaluations.
(2) Minimum requirements of inspection standards.--
The standards established under paragraph (1) shall, at
a minimum--
(A) specify, in detail, the method by which
the inspections shall be carried out by the
States, Federal agencies, and tribal
governments;
(B) establish the maximum time period between
inspections;
(C) establish the qualifications for those
charged with carrying out the inspections;
(D) require each State, Federal agency, and
tribal government to maintain and make
available to the Secretary on request--
(i) written reports on the results of
highway bridge and tunnel inspections
and notations of any action taken
pursuant to the findings of the
inspections; and
(ii) current inventory data for all
highway bridges and tunnels reflecting
the findings of the most recent highway
bridge and tunnel inspections
conducted; and
(E) establish a procedure for national
certification of highway bridge inspectors and
tunnel inspectors.
(3) State compliance with inspection standards.--The
Secretary shall, at a minimum--
(A) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures to conduct reviews of
State compliance with--
(i) the standards established under
this subsection; and
(ii) the calculation or reevaluation
of bridge load ratings; and
(B) establish, in consultation with the
States, Federal agencies, and interested and
knowledgeable private organizations and
individuals, procedures for States to follow in
reporting to the Secretary--
(i) critical findings relating to
structural or safety-related
deficiencies of highway bridges and
tunnels; and
(ii) monitoring activities and
corrective actions taken in response to
a critical finding described in clause
(i).
(4) Reviews of state compliance.--
(A) In general.--The Secretary shall annually
review State compliance with the standards
established under this section.
(B) Noncompliance.--If an annual review in
accordance with subparagraph (A) identifies
noncompliance by a State, the Secretary shall--
(i) issue a report detailing the
issues of the noncompliance by December
31 of the calendar year in which the
review was made; and
(ii) provide the State an opportunity
to address the noncompliance by--
(I) developing a corrective
action plan to remedy the
noncompliance; or
(II) resolving the issues of
noncompliance not later than 45
days after the date of
notification.
(5) Penalty for noncompliance.--
(A) In general.--If a State fails to satisfy
the requirements of paragraph (4)(B) by August
1 of the calendar year following the year of a
finding of noncompliance, the Secretary shall,
on October 1 of that year, and each year
thereafter as may be necessary, require the
State to dedicate funds apportioned to the
State under sections 119 and 133 after the date
of enactment of the MAP-21 to correct the
noncompliance with the minimum inspection
standards established under this subsection.
(B) Amount.--The amount of the funds to be
directed to correcting noncompliance in
accordance with subparagraph (A) shall--
(i) be determined by the State based
on an analysis of the actions needed to
address the noncompliance; and
(ii) require approval by the
Secretary.
(6) Update of standards.--Not later than 3 years
after the date of enactment of the MAP-21, the
Secretary shall update inspection standards to cover--
(A) the methodology, training, and
qualifications for inspectors; and
(B) the frequency of inspection.
(7) Risk-based approach.--In carrying out the
revisions required by paragraph (6), the Secretary
shall consider a risk-based approach to determining the
frequency of bridge inspections.
(i) Training Program for Bridge and Tunnel Inspectors.--
(1) In general.--The Secretary, in cooperation with
the State transportation departments, shall maintain a
program designed to train appropriate personnel to
carry out highway bridge and tunnel inspections.
(2) Revisions.--The training program shall be revised
from time to time to take into account new and improved
techniques.
(j) Bundling of Bridge Projects.--
(1) Purpose.--The purpose of this subsection is to
save costs and time by encouraging States to bundle
multiple bridge projects as 1 project.
(2) Eligible entity defined.--In this subsection, the
term ``eligible entity'' means an entity eligible to
carry out a bridge project under section 119, 124, or
133.
(3) Bundling of bridge projects.--An eligible entity
may bundle 2 or more similar bridge projects that are--
(A) eligible projects under section 119, 124,
or 133;
(B) included as a bundled project in a
transportation improvement program under
section 134(j) or a statewide transportation
improvement program under section 135, as
applicable; and
(C) awarded to a single contractor or
consultant pursuant to a contract for
engineering and design or construction between
the contractor and an eligible entity.
(4) Itemization.--Notwithstanding any other provision
of law (including regulations), a bundling of bridge
projects under this subsection may be listed as--
(A) 1 project for purposes of sections 134
and 135; and
(B) a single project.
(5) Financial characteristics.--Projects bundled
under this subsection shall have the same [financial
characteristics, including--
[(A) the same funding category or
subcategory; and
[(B) the same Federal share.] Federal share.
(6) Engineering cost reimbursement.--The provisions
of section 102(b) do not apply to projects carried out
under this subsection.
(k) Availability of Funds.--In carrying out this section--
(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
(2) a State may use amounts apportioned to the State
under section 104(b)(1) and 104(b)(2);
(3) an Indian tribe may use funds made available to
the Indian tribe under section 202; and
(4) a Federal agency may use funds made available to
the agency under section 503.
(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 2023 to 2026, 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, are
consistent with the transportation
asset management plan of the State, or
provide support for the condition and
performance of bridges on public roads
within the State; and
(iii) remove, 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;
(XIII) training for bridge
inspectors consistent with
subsection (i); and
(XIV) removal of a bridge
classified as in poor condition
in order to improve community
connectivity.
(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).
* * * * * * *
Sec. 147. Construction of ferry boats and ferry terminal facilities
(a) Program.--The Secretary shall carry out a program for
construction of ferry boats and ferry terminal facilities in
accordance with section 129(c).
(b) Federal Share.--The Federal share of the cost of
construction of ferry boats, ferry terminals, and ferry
maintenance facilities under this section shall be 80 percent.
(c) Distribution of Funds.--Of the amounts made available to
ferry systems and public entities responsible for developing
ferries under this section for a fiscal year, 100 percent shall
be allocated in accordance with the formula set forth in
subsection (d).
(d) Formula.--Of the amounts allocated under subsection (c)--
(1) 35 percent shall be allocated among eligible
entities in the proportion that--
(A) the number of ferry passengers, including
passengers in vehicles, carried by each ferry
system in the most recent calendar year for
which data is available; bears to
(B) the number of ferry passengers, including
passengers in vehicles, carried by all ferry
systems in the most recent calendar year for
which data is available;
(2) 35 percent shall be allocated among eligible
entities in the proportion that--
(A) the number of vehicles carried by each
ferry system in the most recent calendar year
for which data is available; bears to
(B) the number of vehicles carried by all
ferry systems in the most recent calendar year
for which data is available; and
(3) 30 percent shall be allocated among eligible
entities in the proportion that--
(A) the total route nautical miles serviced
by each ferry system in the most recent
calendar year for which data is available;
bears to
(B) the total route nautical miles serviced
by all ferry systems in the most recent
calendar year for which data is available.
(e) Redistribution of Unobligated Amounts.--The Secretary
shall--
(1) withdraw amounts allocated to an eligible entity
under subsection (c) that remain unobligated by the end
of the third fiscal year following the fiscal year for
which the amounts were allocated; and
(2) in the subsequent fiscal year, redistribute the
amounts referred to in paragraph (1) in accordance with
the formula under subsection (d) among eligible
entities for which no amounts were withdrawn under
paragraph (1).
(f) Minimum Amount.--Notwithstanding subsection (c), a State
with an eligible entity that meets the requirements of this
section shall receive not less than $100,000 under this section
for a fiscal year.
(g) Implementation.--
(1) Data collection.--
(A) National ferry database.--Amounts made
available for a fiscal year under this section
shall be allocated using the most recent data
available, as collected and imputed in
accordance with the national ferry database
established under section 1801(e) of SAFETEA-LU
(23 U.S.C. 129 note).
(B) Eligibility for funding.--To be eligible
to receive funds under subsection (c), data
shall have been submitted in the most recent
collection of data for the national ferry
database under section 1801(e) of SAFETEA-LU
(23 U.S.C. 129 note) for at least 1 ferry
service within the State.
(2) Adjustments.--On review of the data submitted
under paragraph (1)(B), the Secretary may make
adjustments to the data as the Secretary determines
necessary to correct misreported or inconsistent data.
[(h) Authorization of Appropriations.--There is authorized to
be appropriated out of the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $80,000,000 for
each of fiscal years 2016 through 2020.]
[(i)] (h) Period of Availability.--Notwithstanding section
118(b), funds made available to carry out this section shall
remain available until expended.
[(j)] (i) Applicability.--All provisions of this chapter that
are applicable to the National Highway System, other than
provisions relating to apportionment formula and Federal share,
shall apply to funds made available to carry out this section,
except as determined by the Secretary to be inconsistent with
this section.
Sec. 148. Highway safety improvement program
(a) Definitions.--In this section, the following definitions
apply:
(1) High risk rural road.--The term ``high risk rural
road'' means any roadway functionally classified as a
rural major or minor collector or a rural local road
with significant safety risks, as defined by a State in
accordance with an updated State strategic highway
safety plan.
(2) Highway basemap.--The term ``highway basemap''
means a representation of all public roads that can be
used to geolocate attribute data on a roadway.
(3) Highway safety improvement program.--The term
``highway safety improvement program'' means projects,
activities, plans, and reports carried out under this
section.
(4) Highway safety improvement project.--
(A) In general.--The term ``highway safety
improvement project'' means strategies,
activities, and projects on a public road that
are consistent with a State strategic highway
safety plan and--
(i) correct or improve a hazardous
road location or feature; or
(ii) address a highway safety
problem.
(B) Inclusions.--The term ``highway safety
improvement project'' [only includes a project]
includes a project for 1 or more of the
following:
(i) An intersection safety
improvement.
(ii) Pavement and shoulder widening
(including addition of a passing lane
to remedy an unsafe condition).
(iii) Installation of rumble strips
or another warning device, if the
rumble strips or other warning devices
do not adversely affect the safety or
mobility of bicyclists and pedestrians,
including persons with disabilities.
(iv) Installation of a skid-resistant
surface at an intersection or other
location with a high frequency of
crashes.
(v) An improvement for pedestrian or
bicyclist safety or safety of persons
with disabilities.
(vi) Construction and improvement of
a railway-highway grade crossing safety
feature, including installation of
protective devices.
(vii) The conduct of a model traffic
enforcement activity at a railway-
highway crossing.
(viii) Construction of a traffic
calming feature.
(ix) Elimination of a roadside
hazard.
(x) Installation, replacement, and
other improvement of highway signage
and pavement markings, or a project to
maintain minimum levels of
retroreflectivity, that addresses a
highway safety problem consistent with
a State strategic highway safety plan.
(xi) Installation of a priority
control system for emergency vehicles
at signalized intersections.
(xii) Installation of a traffic
control or other warning device at a
location with high crash potential.
(xiii) Transportation safety
planning, including the development of
a vulnerable road user safety
assessment or a vision zero plan under
section 1601 of the INVEST in America
Act.
(xiv) Collection, analysis, and
improvement of safety data.
(xv) Planning integrated
interoperable emergency communications
equipment, operational activities, or
traffic enforcement activities
(including police assistance) relating
to work zone safety.
(xvi) Installation of guardrails,
barriers (including barriers between
construction work zones and traffic
lanes for the safety of road users and
workers), and crash attenuators.
(xvii) The addition or retrofitting
of structures or other measures to
eliminate or reduce crashes involving
vehicles and wildlife.
[(xviii) Installation of yellow-green
signs and signals at pedestrian and
bicycle crossings and in school zones.]
(xviii) Safe routes to school
infrastructure-related projects
eligible under section 211.
(xix) Construction and operational
improvements on high risk rural roads.
(xx) Geometric improvements to a road
for safety purposes that improve
safety.
(xxi) A road safety audit.
(xxii) Roadway safety infrastructure
improvements consistent with the
recommendations included in the
publication of the Federal Highway
Administration entitled ``Highway
Design Handbook for Older Drivers and
Pedestrians'' (FHWA-RD-01-103), dated
May 2001 or as subsequently revised and
updated.
(xxiii) Truck parking facilities
eligible for funding under section 1401
of the MAP-21.
(xxiv) Systemic safety improvements.
(xxv) Installation of vehicle-to-
infrastructure communication equipment.
(xxvi) Pedestrian hybrid beacons or
leading pedestrian intervals.
(xxvii) Roadway improvements that
provide separation between pedestrians
and motor vehicles, including medians
and pedestrian crossing islands.
[(xxviii) A physical infrastructure
safety project not described in clauses
(i) through (xxvii).]
(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.
(5) Model inventory of roadway elements.--The term
``model inventory of roadway elements'' means the
listing and standardized coding by the Federal Highway
Administration of roadway and traffic data elements
critical to safety management, analysis, and
decisionmaking.
(6) Project to maintain minimum levels of
retroreflectivity.--The term ``project to maintain
minimum levels of retroreflectivity'' means a project
that is designed to maintain a highway sign or pavement
marking retroreflectivity at or above the minimum
levels prescribed in Federal or State regulations.
(7) Road safety audit.--The term ``road safety
audit'' means a formal safety performance examination
of an existing or future road or intersection by an
independent multidisciplinary audit team.
(8) [Road users] Road user.--The term ``road user''
means a motorist, passenger, public transportation
operator or user, truck driver, bicyclist,
motorcyclist, or pedestrian, including a person with
disabilities.
(9) Safety data.--
(A) In general.--The term ``safety data''
means crash, roadway, and traffic data on a
public road.
(B) Inclusion.--The term ``safety data''
includes, in the case of a railway-highway
grade crossing, the characteristics of highway
and train traffic, licensing, and vehicle data.
(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 crash 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).
[(10)] (12) State highway safety improvement
program.--The term ``State highway safety improvement
program'' means a program of highway safety improvement
projects, activities, plans and reports carried out as
part of the Statewide transportation improvement
program under section 135(g).
[(11)] (13) State strategic highway safety plan.--The
term ``State strategic highway safety plan'' means a
comprehensive plan, based on safety data, developed by
a State transportation department that--
(A) is developed after consultation with--
(i) a highway safety representative
of the Governor of the State;
(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
(iii) representatives of major modes
of transportation;
(iv) State and local traffic
enforcement officials;
(v) a highway-rail grade crossing
safety representative of the Governor
of the State;
(vi) representatives conducting a
motor carrier safety program under
section 31102, 31106, or 31309 of title
49;
(vii) motor vehicle administration
agencies;
(viii) county transportation
officials;
(ix) State representatives of
nonmotorized users; [and]
(x) State or local representatives of
educational agencies to address safe
routes to school and schoolbus safety;
and
[(x)] (xi) other major Federal,
State, tribal, and local safety
stakeholders;
(B) analyzes and makes effective use of
State, regional, local, or tribal safety data;
(C) addresses engineering, management,
operation, education, enforcement, and
emergency services elements (including
integrated, interoperable emergency
communications) of highway safety as key
factors in evaluating highway projects;
(D) considers safety needs of, and high-
fatality segments of, all public roads,
including non-State-owned public roads and
roads on tribal land;
(E) considers the results of State, Tribal,
regional, or local transportation and highway
safety planning processes;
(F) describes a program of strategies to
reduce or eliminate safety hazards;
(G) includes a vulnerable road user safety
assessment described under paragraph (16);
[(G)] (H) is approved by the Governor of the
State or a responsible State agency;
[(H)] (I) is consistent with
section 135(g); and
[(I)] (J) is updated and submitted to the
Secretary for approval as required under
subsection (d)(2).
[(12)] (14) Systemic safety improvement.--The term
``systemic safety improvement'' means an improvement
that is widely implemented based on high-risk roadway
features that are correlated with particular crash
types, rather than crash frequency.
(15) Transportation management area.--The term
``transportation management area'' means an area
designated under section 134(k).
(16) 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.
(17) Vulnerable road user safety assessment.--The
term ``vulnerable road user safety assessment'' means
an assessment of the safety performance of the State or
a metropolitan planning organization within the State
with respect to vulnerable road users and the plan of
the State or metropolitan planning organization to
improve the safety of vulnerable road users described
in subsection (l).
(b) Program.--
(1) In general.--The Secretary shall carry out a
highway safety improvement program.
(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on
all public roads, including non-State-owned public
roads and roads on tribal land.
(c) Eligibility.--
(1) In general.--To obligate funds apportioned under
section 104(b)(3) to carry out this section, a State
shall have in effect a State highway safety improvement
program under which the State--
(A) develops, implements, and updates a State
strategic highway safety plan that identifies
and analyzes highway safety problems and
opportunities as provided in subsections
[(a)(11)] (a)(13) and (d);
(B) produces a program of projects or
strategies to reduce identified safety
problems; and
(C) evaluates the strategic highway safety
plan on a regularly recurring basis in
accordance with subsection (d)(1) to ensure the
accuracy of the data and priority of proposed
strategies.
(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State
highway safety improvement program, a State shall--
(A) have in place a safety data system with
the ability to perform safety problem
identification and countermeasure analysis--
(i) to improve the timeliness,
accuracy, completeness, uniformity,
integration, and accessibility of the
safety data on all public roads,
including non-State-owned public roads
and roads on tribal land in the State;
(ii) to evaluate the effectiveness of
data improvement efforts;
(iii) to link State data systems,
including traffic records, with other
data systems within the State;
(iv) to improve the compatibility and
interoperability of safety data with
other State transportation-related data
systems and the compatibility and
interoperability of State safety data
systems with data systems of other
States and national data systems;
(v) to enhance the ability of the
Secretary to observe and analyze
national trends in crash occurrences,
rates, outcomes, and circumstances; and
(vi) to improve the collection of
data on nonmotorized crashes,
consistent with the vulnerable road
user safety assessment;
(B) based on the analysis required by
subparagraph (A)--
(i) identify, consistent with a safe
system approach, hazardous locations,
sections, and elements (including
roadside obstacles, railway-highway
crossing needs, excessive design speeds
and speed limits, and unmarked or
poorly marked roads) that constitute a
danger to [motorists (including
motorcyclists), bicyclists,
pedestrians, and other highway users]
road users;
(ii) using such criteria as the State
determines to be appropriate, establish
the relative severity of those
locations, in terms of crashes
(including crash rates), fatalities,
serious injuries, traffic volume
levels, and other relevant data;
(iii) identify the number of
fatalities and serious injuries on all
public roads by location in the State;
(iv) identify highway safety
improvement projects on the basis of
crash experience, crash potential,
crash rate, or other data-supported
means; and
(v) consider which projects maximize
opportunities to advance safety;
(C) adopt strategic and performance-based
goals that--
(i) address traffic safety, including
behavioral and infrastructure problems
and opportunities on all public roads;
(ii) focus resources on areas of
greatest need; and
(iii) are coordinated with other
State highway safety programs;
(D) advance the capabilities of the State for
safety data collection, analysis, and
integration in a manner that--
(i) complements the State highway
safety program under chapter 4 and the
commercial vehicle safety plan under
section 31102 of title 49;
(ii) includes all public roads,
including public non-State-owned roads
and roads on tribal land;
(iii) identifies hazardous locations,
sections, and elements on all public
roads that constitute a danger to
[motorists (including motorcyclists),
bicyclists, pedestrians, persons with
disabilities, and other highway users]
road users;
(iv) includes a means of identifying
the relative severity of hazardous
locations described in clause (iii) in
terms of crashes (including crash
rate), serious injuries, fatalities,
and traffic volume levels; and
(v) improves the ability of the State
to identify the number of fatalities
and serious injuries on all public
roads in the State with a breakdown by
functional classification and ownership
in the State;
(E)(i) determine priorities for the
correction of hazardous road locations,
sections, and elements (including railway-
highway crossing improvements), as identified
through safety data analysis;
(ii) identify opportunities for preventing
the development of such hazardous conditions;
and
(iii) establish and implement a schedule of
highway safety improvement projects for hazard
correction and hazard prevention; and
(F)(i) establish an evaluation process to
analyze and assess results achieved by highway
safety improvement projects carried out in
accordance with procedures and criteria
established by this section; and
(ii) use the information obtained under
clause (i) in setting priorities for highway
safety improvement projects.
(d) Updates to Strategic Highway Safety Plans.--
(1) Establishment of requirements.--
(A) In general.--[Not later than 1 year after
the date of enactment of the MAP-21, the] The
Secretary shall establish requirements for
regularly recurring State updates of strategic
highway safety plans.
(B) Contents of updated strategic highway
safety plans.--In establishing requirements
under this subsection, the Secretary shall
ensure that States take into consideration,
with respect to updated strategic highway
safety plans--
(i) the findings of road safety
audits;
(ii) the locations of fatalities and
serious injuries;
(iii) the locations that do not have
an empirical history of fatalities and
serious injuries, but possess risk
factors for potential crashes;
(iv) rural roads, including all
public roads, commensurate with
fatality and serious injury data;
(v) motor vehicle crashes that
include fatalities or serious injuries
to pedestrians and bicyclists;
(vi) the cost-effectiveness of
improvements;
(vii) improvements to rail-highway
grade crossings[; and];
(viii) the findings of a vulnerable
road user safety assessment of the
State; and
[(viii)] (ix) safety on all public
roads, including non-State-owned public
roads and roads on tribal land.
(2) Approval of updated strategic highway safety
plans.--
(A) In general.--Each State shall--
(i) update the strategic highway
safety plans of the State in accordance
with the requirements established by
the Secretary under this subsection;
and
(ii) submit the updated plans to the
Secretary, along with a detailed
description of the process used to
update the plan.
(B) Requirements for approval.--The Secretary
shall not approve the process for an updated
strategic highway safety plan unless--
(i) the updated strategic highway
safety plan is consistent with the
requirements of this subsection and
[subsection (a)(11)] subsection
(a)(13); and
(ii) the process used is consistent
with the requirements of this
subsection.
(3) Penalty for failure to have an approved updated
strategic highway safety plan.--If a State does not
have an updated strategic highway safety plan with a
process approved by the Secretary by August 1 of the
fiscal year beginning after the date of establishment
of the requirements under paragraph (1), the State
shall not be eligible to receive any additional
limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and
highway safety construction programs that occurs after
August 1 for each succeeding fiscal year until the
fiscal year during which the plan is approved.
(e) Eligible Projects.--
(1) In general.--Funds apportioned to the State under
section 104(b)(3) may be obligated to carry out--
(A) any highway safety improvement project on
any public road or publicly owned bicycle or
pedestrian pathway or trail;
(B) as provided in subsection (g); or
(C) any project to maintain minimum levels of
retroreflectivity with respect to a public
road[, without regard to whether the project is
included in an applicable State strategic
highway safety plan].
(2) Use of other funding for safety.--
(A) Effect of section.--Nothing in this
section prohibits the use of funds made
available under other provisions of this title
for highway safety improvement projects.
(B) Use of other funds.--States are
encouraged to address the full scope of the
safety needs and opportunities of the States by
using funds made available under other
provisions of this title (except a provision
that specifically prohibits that use).
(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).
(f) Data Improvement.--
(1) Definition of data improvement activities.--In
this subsection, the following definitions apply:
(A) In general.--The term ``data improvement
activities'' means a project or activity to
further the capacity of a State to make more
informed and effective safety infrastructure
investment decisions.
(B) Inclusions.--The term ``data improvement
activities'' includes a project or activity--
(i) to create, update, or enhance a
highway basemap of all public roads in
a State;
(ii) to collect safety data,
including data identified as part of
the model inventory for roadway
elements, for creation of or use on a
highway basemap of all public roads in
a State;
(iii) to store and maintain safety
data in an electronic manner;
(iv) to develop analytical processes
for safety data elements;
(v) to acquire and implement roadway
safety analysis tools; and
(vi) to support the collection,
maintenance, and sharing of safety data
on all public roads and related systems
associated with the analytical usage of
that data.
(2) Model inventory of roadway elements.--The
Secretary shall--
(A) establish a subset of the model inventory
of roadway elements that are useful for the
inventory of roadway safety; and
(B) ensure that States adopt and use the
subset to improve data collection.
(g) Special Rules.--
[(1) High-risk rural road safety.--If the fatality
rate on rural roads in a State increases over the most
recent 2-year period for which data are available, that
State shall be required to obligate in the next fiscal
year for projects on high risk rural roads an amount
equal to at least 200 percent of the amount of funds
the State received for fiscal year 2009 for high risk
rural roads under subsection (f) of this section, as in
effect on the day before the date of enactment of the
MAP-21.]
(1) High-risk rural road safety.--
(A) In general.--If the Secretary determines
that the fatality rate on rural roads in a
State for the most recent 2-year period for
which data are available exceeds the median
fatality rate for rural roads among all States,
such 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
described under section 133(d)(1)(B).
(C) Annual determination.--The determination
described under subparagraph (A) shall be made
on an annual basis.
(D) 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.
(2) Older [drivers] road users.--If traffic
fatalities and serious injuries per capita for [drivers
and pedestrians] road users over the age of 65 in a
State increases during the most recent 2-year period
for which data are available, that State shall be
required to include, in the subsequent Strategic
Highway Safety Plan of the State, strategies to
[address the increases in] reduce those rates, taking
into account the recommendations included in the
publication of the Federal Highway Administration
entitled ``Highway Design Handbook for Older Drivers
and Pedestrians'' (FHWA-RD-01-103), and dated May 2001,
or as subsequently revised and updated.
(3) Vulnerable road user safety.--
(A) High risk states.--
(i) Annual determination.--Beginning
on the date of enactment of the INVEST
in America Act, the Secretary shall
determine on an annual basis whether
the number of vulnerable road user
fatalities and serious injuries per
capita in a State over the most recent
2-year period for which data are
available exceeds the median number
fatalities in all such areas over such
2-year period.
(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities and
serious injuries per capita in a State
over the most recent 2-year period for
which data are available exceeds the
median number of such fatalities and
serious injuries per capita over such
2-year period 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 (less any amounts
obligated for projects in that State as
required by subparagraph (B)(ii)) for--
(I) in the first two fiscal
years after the enactment of
the INVEST in America Act--
(aa) performing the
vulnerable road user
safety assessment as
required by subsection
(l);
(bb) providing
matching funds for
transportation
alternatives safety
projects as identified
in section
133(h)(7)(B); or
(cc) projects
eligible under
subparagraphs (A), (B),
(C), or (I) of section
133(h); and
(II) in each 2-year period
thereafter, projects identified
in the program of projects
described in subsection
(l)(2)(C).
(B) High risk areas.--
(i) Annual determination.--The
Secretary shall determine on an annual
basis whether the number of vulnerable
road user fatalities per capita in a
transportation management area over the
most recent 2-year period for which
data are available exceeds the median
number fatalities in all such areas
over such 2-year period.
(ii) Obligation requirement.--If the
Secretary determines that the number of
vulnerable road user fatalities per
capita in the transportation management
area over the most recent 2-year period
for which data are available exceeds
the median number of such fatalities
over such 2-year period among all such
areas, then there shall be required to
be obligated over the 2 fiscal years
following the fiscal year in which such
determination is made, for projects
identified in the program of projects
described in subsection (l)(7)(C), an
amount that is not less than 50 percent
of the amount set aside for that
urbanized area under section 133(h)(2)
for fiscal year 2020.
(iii) Applicability.--The obligation
requirement described in clause (ii)
shall not take effect until the subject
metropolitan planning organization has
developed the vulnerable road user
safety assessment described in
subsection (l)(7).
(C) Source of funds.--
(i) In general.--Any amounts required
to be obligated under this paragraph
shall be from amounts apportioned under
section 104(b) except for--
(I) amounts described in
section 133(d)(1)(A); and
(II) amounts set aside under
section 133(h).
(ii) Areas in a high risk state.--If
an area subject to the obligation
requirement described in subparagraph
(B)(ii) is located in a State required
to obligate funds to vulnerable road
user safety under subparagraph (A)(ii),
any obligations in such State for
projects identified in the program of
projects described in subsection
(l)(7)(C) shall count toward such
State's obligation requirement under
subparagraph (A)(ii).
(h) Reports.--
(1) In general.--A State shall submit to the
Secretary a report that--
(A) describes progress being made to
implement highway safety improvement projects
and projects identified under a vulnerable road
user safety assessment under this section,
including any efforts to reduce vehicle speed;
(B) assesses the effectiveness of those
improvements; and
(C) describes the extent to which the
improvements funded under this section have
contributed to reducing--
(i) the number and rate of fatalities
on all public roads with, to the
maximum extent practicable, a breakdown
by functional classification and
ownership in the State;
(ii) the number and rate of serious
injuries on all public roads with, to
the maximum extent practicable, a
breakdown by functional classification
and ownership in the State; and
(iii) the occurrences of fatalities
and serious injuries at railway-highway
crossings.
(2) Contents; schedule.--The Secretary shall
establish the content and schedule for the submission
of the report under paragraph (1).
(3) Transparency.--The Secretary shall make strategic
highway safety plans submitted under subsection (d) and
reports submitted under this subsection available to
the public through--
(A) the website of the Department; and
(B) such other means as the Secretary
determines to be appropriate.
(4) Discovery and admission into evidence of certain
reports, surveys, and information.--Notwithstanding any
other provision of law, reports, surveys, schedules,
lists, or data compiled or collected for any purpose
relating to this section, shall not be subject to
discovery or admitted into evidence in a Federal or
State court proceeding or considered for other purposes
in any action for damages arising from any occurrence
at a location identified or addressed in the reports,
surveys, schedules, lists, or other data.
(i) State Performance Targets.--If the Secretary determines
that a State has not met or made significant progress toward
meeting the safety performance targets of the State established
under section 150(d), the State shall--
(1) use obligation authority equal to the
apportionment of the State for the prior year under
section 104(b)(3) only for highway safety improvement
projects under this section until the Secretary
determines that the State has met or made significant
progress toward meeting the safety performance targets
of the State; and
(2) submit annually to the Secretary, until the
Secretary determines that the State has met or made
significant progress toward meeting the safety
performance targets of the State, an implementation
plan that--
(A) identifies roadway features that
constitute a hazard to road users;
(B) identifies highway safety improvement
projects on the basis of crash experience,
crash potential, or other data-supported means;
(C) describes how highway safety improvement
program funds will be allocated, including
projects, activities, and strategies to be
implemented;
(D) describes how the proposed projects,
activities, and strategies funded under the
State highway safety improvement program will
allow the State to make progress toward
achieving the [safety safety] safety
performance targets of the State; and
(E) describes the actions the State will
undertake to meet the safety performance
targets of the State.
(j) Federal Share of Highway Safety Improvement Projects.--
Except as provided in sections 120 and 130, the Federal share
of the cost of a highway safety improvement project carried out
with funds apportioned to a State under section 104(b)(3) shall
be 90 percent.
(k) Data Collection on Unpaved Public Roads.--
(1) In general.--A State may elect not to collect
fundamental data elements for the model inventory of
roadway elements on public roads that are gravel roads
or otherwise unpaved if--
(A) the State does not use funds provided to
carry out this section for a project on any
such roads until the State completes a
collection of the required model inventory of
roadway elements for the applicable road
segment; and
(B) the State demonstrates that the State
consulted with affected Indian tribes before
ceasing to collect data with respect to such
roads that are included in the National Tribal
Transportation Facility Inventory under section
202(b)(1) of this title.
(2) Rule of construction.--Nothing in this subsection
may be construed to allow a State to cease data
collection related to serious injuries or fatalities.
(l) Vulnerable Road User Safety Assessment.--
(1) In general.--Not later than 1 year 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, including, if available, the
design speed of the roadway at any such
location;
(B) a description of any corridors identified
by a State, in coordination with local
governments, metropolitan planning
organizations, and regional transportation
planning organizations that pose a high risk of
a vulnerable road user fatality or serious
injury, including, if available, 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), in
coordination with local governments,
metropolitan planning organizations, and
regional transportation planning organizations
that represent a high-risk area 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) coordinate 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.
(7) Urbanized area assessments.--
(A) In general.--A metropolitan planning
organization representing a transportation
management area shall, in consultation with
local governments in such area, complete a
vulnerable road user safety assessment based on
the most recent 5 years of available data at
least once every 4 years.
(B) Contents.--The assessment completed under
subparagraph (A) shall include--
(i) a description of the location
within the area of each vulnerable road
user fatality and, if available,
serious injury;
(ii) a description of any corridors
that represent a high-risk area
identified under paragraph (2)(B) or
have otherwise been identified by the
metropolitan planning organization or
local government that pose a high risk
of a vulnerable road user fatality or
serious injury; and
(iii) a program of projects or
strategies to reduce safety risks to
vulnerable road users in corridors
identified under subparagraph (B).
(m) Safe Streets for All.--
(1) Safe streets set-aside.--
(A) Establishment.--The Secretary shall
establish a safe streets program to eliminate
the occurrence of transportation-related
fatalities and serious injuries on public
roads, with a focus on vulnerable road users.
(B) Amount.--Of the funds apportioned to a
State under section 104(b)(3) for each fiscal
year, the Secretary shall reserve an amount
such that--
(i) the Secretary reserves a total
under this subsection of $500,000,000
for each of fiscal years 2023 through
2026; and
(ii) the State's share of that total
is distributed in the same manner as
the amount apportioned to the State
under section 104(b)(3) for each fiscal
year bears to the total amount of funds
apportioned to all States under such
section.
(2) Suballocation.--For each fiscal year for which
funds are set aside under this subsection, such funds
shall be obligated within a State in the manner
described in subsections (d) and (e) of section 133,
except that, for the purposes of this subsection, the
percentage referred to in section 133(d)(1)(A) shall be
treated as 100 percent.
(3) Use of funds.--
(A) In general.--Funds set aside under this
subsection shall be available for obligation--
(i) for a complete streets project
that supports the safe, comfortable,
convenient, and independent movement of
all users of the transportation system,
of all ages and abilities, consistent
with context sensitive design
principles;
(ii) for activities eligible under
the safe routes to school program under
section 211;
(iii) to develop and implement the
policies and procedures described in
section 109(s);
(iv) for any element of vision zero
planning described under section 1601
of the INVEST in America Act and to
implement an existing vision zero plan;
(v) for other activities in
furtherance of the vulnerable road user
safety assessment of the State or the
metropolitan planning organization
described under subsection (l); and
(vi) for any other project, program,
or plan eligible under this section
that provides for the safe and adequate
accommodation of all users of the
surface transportation network, as
determined by the Secretary.
(B) Special rule.--If a State or metropolitan
planning organization demonstrates to the
satisfaction of the Secretary that such State
or metropolitan planning organization has met
all its needs for vulnerable road user safety
under this section, the State or metropolitan
planning organization may use funds made
available under this subsection for other
highway safety improvement program purposes,
subject to the suballocation under paragraph
(2). The Secretary may not make a determination
under this subparagraph if the State or
metropolitan planning organization has been
subject to the special rule described in
subsection (g)(3) within the last 5 years.
Sec. 149. Congestion mitigation and air quality improvement program
(a) Establishment.--The Secretary shall establish and
implement a congestion mitigation and air quality improvement
program in accordance with this section.
(b) Eligible Projects.--Except as provided in subsection (d),
a State may obligate funds apportioned to it under section
104(b)(4) for the congestion mitigation and air quality
improvement program only for a transportation project or
program if the project or program is for an area in the State
that is or was designated as a nonattainment area for ozone,
carbon monoxide, or particulate matter under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or
was designated as a nonattainment area under such section
107(d) after December 31, 1997, or is required to prepare, and
file with the Administrator of the Environmental Protection
Agency, maintenance plans under the Clean Air Act (42 U.S.C.
7401 et seq.) and--
(1)(A)(i) if the Secretary, after consultation with
the Administrator determines, on the basis of
information published by the Environmental Protection
Agency pursuant to section 108(f)(1)(A) of the Clean
Air Act (other than clause (xvi)) that the project or
program is likely to contribute to--
(I) the attainment of a national ambient air
quality standard in the designated
nonattainment area; or
(II) the maintenance of a national ambient
air quality standard in a maintenance area; and
(ii) a high level of effectiveness in reducing air
pollution, in cases of projects or programs where
sufficient information is available in the database
established pursuant to [subsection (h)] subsection (i)
to determine the relative effectiveness of such
projects or programs[; or,]; or
(B) in any case in which such information is not
available, if the Secretary, after such consultation,
determines that the project or program is part of a
program, method, or strategy described in such section
108(f)(1)(A);
(2) if the project or program is included in a State
implementation plan that has been approved pursuant to
the Clean Air Act and the project will have air quality
benefits;
(3) the Secretary, after consultation with the
Administrator of the Environmental Protection Agency,
determines that the project or program is likely to
contribute to the attainment or maintenance of a
national ambient air quality standard, whether through
reductions in vehicle miles traveled, fuel consumption,
or through other factors;
(4) to establish or operate a traffic monitoring,
management, and control facility or program, including
advanced truck stop electrification systems, if the
Secretary, after consultation with the Administrator of
the Environmental Protection Agency, determines that
the facility or program is likely to contribute to the
attainment or maintenance in the area of a national
ambient air quality standard;
(5) if the program or project improves traffic flow,
including projects to improve signalization, construct
high occupancy vehicle lanes, improve intersections,
add turning lanes, improve transportation systems
management and operations that mitigate congestion and
improve air quality, and implement intelligent
transportation system strategies and such other
projects that are eligible for assistance under this
section on the day before the date of enactment of this
paragraph, including programs or projects to improve
incident and emergency response or improve mobility,
such as through real-time traffic, transit, and
multimodal traveler information;
(6) if the project or program involves the purchase
of integrated, interoperable emergency communications
equipment;
(7) if the project or program shifts traffic demand
to nonpeak hours or other transportation modes,
increases vehicle occupancy rates, or otherwise reduces
demand for roads through such means as telecommuting,
ridesharing, carsharing shared micromobility (including
bikesharing and shared scooter systems), publicly
accessible charging stations, docks, and storage for
electric bicycles and micromobility devices,,
alternative work hours, and pricing;
(8) if the project or program is for--
(A) the purchase of diesel retrofits that
are--
(i) for motor vehicles (as defined in
section 216 of the Clean Air Act (42
U.S.C. 7550)); or
(ii) verified technologies (as
defined in section 791 of the Energy
Policy Act of 2005 (42 U.S.C. 16131))
for non-road vehicles and non-road
engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550))
that are used in construction projects
or port-related freight operations that
are--
(I) located in nonattainment
or maintenance areas for ozone,
PM10, or
PM2.5 (as defined
under the Clean Air Act (42
U.S.C. 7401 et seq.)); and
(II) funded, in whole or in
part, under this title or
chapter 53 of title 49; or
(B) the conduct of outreach activities that
are designed to provide information and
technical assistance to the owners and
operators of diesel equipment and vehicles
regarding the purchase and installation of
diesel retrofits[; or];
(9) if the project or program is for the installation
of vehicle-to-infrastructure communication
equipment[.]; or
(10) if the project or program mitigates seasonal or
temporary traffic congestion from long-haul travel or
tourism.
(c) Special Rules.--
(1) Projects for pm-10 nonattainment areas.--A State
may obligate funds apportioned to the State under
section 104(b)(4) for a project or program for an area
that is nonattainment for ozone or carbon monoxide, or
both, and for PM-10 resulting from transportation
activities, without regard to any limitation of the
Department of Transportation relating to the type of
ambient air quality standard such project or program
addresses.
(2) Electric vehicle, hydrogen vehicle, and natural
gas vehicle infrastructure.--A State may obligate funds
apportioned under section 104(b)(4) for a project or
program to establish electric vehicle charging stations
or hydrogen or natural gas vehicle refueling stations
for the use of battery powered, hydrogen-powered, or
natural gas fueled trucks or other motor vehicles at
any location in the State (giving priority to corridors
designated under section 151) except that such stations
may not be established or supported where commercial
establishments serving motor vehicle users are
prohibited by section 111 of title 23, United States
Code.
(3) HOV facilities.--No funds may be provided under
this section for a project which will result in the
construction of new capacity available to single
occupant vehicles unless the project consists of a high
occupancy vehicle facility available to single occupant
vehicles only at other than peak travel times, and is
consistent with section 166.
(d) States Flexibility.--
(1) States without a nonattainment area.--If a State
does not have, and never has had, a nonattainment area
designated under the Clean Air Act (42 U.S.C. 7401 et
seq.), the State may use funds apportioned to the State
under section 104(b)(4) for any project in the State
that--
(A) would otherwise be eligible under
subsection (b) as if the project were carried
out in a nonattainment or maintenance area; or
(B) is eligible under the surface
transportation [block grant] program under
section 133.
(2) States with a nonattainment area.--
(A) In general.--If a State has a
nonattainment area or maintenance area and
received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day
before the date of enactment of the MAP-21,
above the amount of funds that the State would
have received based on the nonattainment and
maintenance area population of the State under
subparagraphs (B) and (C) of section 104(b)(2),
as in effect on the day before the date of
enactment of the MAP-21, the State may use for
any project that would otherwise be eligible
under subsection (b) if the project were
carried out in a nonattainment or maintenance
area or is eligible under the surface
transportation [block grant] program under
section 133 an amount of funds apportioned to
such State under section 104(b)(4) that is
equal to the product obtained by multiplying--
(i) the amount apportioned to such
State under section 104(b)(4)
(excluding the amount of funds reserved
under subsection (k)(1)); by
(ii) the ratio calculated under
subparagraph (B).
(B) Ratio.--For purposes of this paragraph,
the ratio shall be calculated as the proportion
that--
(i) the amount for fiscal year 2009
such State was permitted by section
149(c)(2), as in effect on the day
before the date of enactment of the
MAP-21, to obligate in any area of the
State for projects eligible under
section 133, as in effect on the day
before the date of enactment of the
MAP-21; bears to
(ii) the total apportionment to such
State for fiscal year 2009 under
section 104(b)(2), as in effect on the
day before the date of enactment of the
MAP-21.
(3) Changes in designation.--If a new nonattainment
area is designated or a previously designated
nonattainment area is redesignated as an attainment
area in a State under the Clean Air Act (42 U.S.C. 7401
et seq.), the Secretary shall modify, in a manner
consistent with the approach that was in effect on the
day before the date of enactment of MAP-21, the amount
such State is permitted to obligate in any area of the
State for projects eligible under section 133.
(e) Applicability of Planning Requirements.--Programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of sections 134 and 135 of
this title.
(f) Partnerships With Nongovernmental Entities.--
(1) In general.--Notwithstanding any other provision
of this title and in accordance with this subsection, a
metropolitan planning organization, State
transportation department, or other project sponsor may
enter into an agreement with any public, private, or
nonprofit entity to cooperatively implement any project
carried out under this section.
(2) Forms of participation by entities.--
Participation by an entity under paragraph (1) may
consist of--
(A) ownership or operation of any land,
facility, vehicle, or other physical asset
associated with the project;
(B) cost sharing of any project expense;
(C) carrying out of administration,
construction management, project management,
project operation, or any other management or
operational duty associated with the project;
and
(D) any other form of participation approved
by the Secretary.
(3) Allocation to entities.--A State may allocate
funds apportioned under section 104(b)(4) to an entity
described in paragraph (1).
(4) Alternative fuel projects.--In the case of a
project that will provide for the use of alternative
fuels by privately owned vehicles or vehicle fleets,
activities eligible for funding under this subsection--
(A) may include the costs of vehicle
refueling infrastructure, including
infrastructure that would support the
development, production, and use of emerging
technologies that reduce emissions of air
pollutants from motor vehicles, and other
capital investments associated with the
project;
(B) shall include only the incremental cost
of an alternative fueled vehicle, as compared
to a conventionally fueled vehicle, that would
otherwise be borne by a private party; and
(C) shall apply other governmental financial
purchase contributions in the calculation of
net incremental cost.
(5) Prohibition on federal participation with respect
to required activities.--A Federal participation
payment under this subsection may not be made to an
entity to fund an obligation imposed under the Clean
Air Act (42 U.S.C. 7401 et seq.) or any other Federal
law.
(g) Cost-Effective Emission Reduction Guidance.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Administrator.--The term
``Administrator'' means the Administrator of
the Environmental Protection Agency.
(B) Diesel retrofit.--The term ``diesel
retrofit'' means a replacement, repowering,
rebuilding, after treatment, or other
technology, as determined by the Administrator.
(2) Emission reduction guidance.--The Administrator,
in consultation with the Secretary, shall publish a
list of diesel retrofit technologies and supporting
technical information for--
(A) diesel emission reduction technologies
certified or verified by the Administrator, the
California Air Resources Board, or any other
entity recognized by the Administrator for the
same purpose;
(B) diesel emission reduction technologies
identified by the Administrator as having an
application and approvable test plan for
verification by the Administrator or the
California Air Resources Board that is
submitted not later than 18 months of the date
of enactment of this subsection[;]; and
(C) available information regarding the
emission reduction effectiveness and cost
effectiveness of technologies identified in
this paragraph, taking into consideration air
quality and health effects.
(3) Priority consideration.--States and metropolitan
planning organizations shall give priority in areas
designated as nonattainment or maintenance for PM2.5
under the Clean Air Act (42 U.S.C. 7401 et seq.) in
distributing funds received for congestion mitigation
and air quality projects and programs from
apportionments under section 104(b)(4) to projects that
are proven to reduce PM2.5, including diesel retrofits.
(4) No effect on authority or restrictions.--Nothing
in this subsection modifies or otherwise affects any
authority or restriction established under the Clean
Air Act (42 U.S.C. 7401 et seq.) or any other law
(other than provisions of this title relating to
congestion mitigation and air quality).
(h) Interagency Consultation.--The Secretary shall encourage
States and metropolitan planning organizations to consult with
State and local air quality agencies in nonattainment and
maintenance areas on the estimated emission reductions from
proposed congestion mitigation and air quality improvement
programs and projects.
(i) Evaluation and Assessment of Projects.--
(1) Database.--
(A) In general.--Using appropriate
assessments of projects funded under the
congestion mitigation and air quality program
and results from other research, the Secretary
shall maintain and disseminate a cumulative
database describing the impacts of the
projects, including specific information about
each project, such as the project name,
location, sponsor, cost, and, to the extent
already measured by the project sponsor, cost-
effectiveness, based on reductions in
congestion and emissions.
(B) Availability.--The database shall be
published or otherwise made readily available
by the Secretary in electronically accessible
format and means, such as the Internet, for
public review.
(2) Cost effectiveness.--
(A) In general.--The Secretary, in
consultation with the Administrator of the
Environmental Protection Agency, shall evaluate
projects on a periodic basis and develop a
table or other similar medium that illustrates
the cost-effectiveness of a range of project
types eligible for funding under this section
as to how the projects mitigate congestion and
improve air quality.
(B) Contents.--The table described in
subparagraph (A) shall show measures of cost-
effectiveness, such as dollars per ton of
emissions reduced, and assess those measures
over a variety of timeframes to capture impacts
on the planning timeframes outlined in section
134.
(C) Use of table.--States and metropolitan
planning organizations shall consider the
information in the table when selecting
projects or developing performance plans under
subsection (l).
(j) Optional Programmatic Eligibility.--
(1) In general.--At the discretion of a metropolitan
planning organization, a technical assessment of a
selected program of projects may be conducted through
modeling or other means to demonstrate the emissions
reduction projection required under this section.
(2) Applicability.--If an assessment described in
paragraph (1) successfully demonstrates an emissions
reduction, all projects included in such assessment
shall be eligible for obligation under this section
without further demonstration of emissions reduction of
individual projects included in such assessment.
(k) Priority for Use of Funds in PM2.5 Areas.--
(1) In general.--For any State that has a
nonattainment or maintenance area for fine particulate
matter, an amount equal to 25 percent of the funds
apportioned to each State under section 104(b)(4) for a
nonattainment or maintenance area that are based all or
in part on the weighted population of such area in fine
particulate matter nonattainment shall be obligated to
projects that reduce such fine particulate matter
emissions in such area, including diesel retrofits.
(2) Construction equipment and vehicles.--In order to
meet the requirements of paragraph (1), a State or
metropolitan planning organization may elect to
obligate funds to install diesel emission control
technology on nonroad diesel equipment or on-road
diesel equipment that is operated on a highway
construction project within a PM2.5 nonattainment or
maintenance area.
(3) PM2.5 nonattainment and maintenance in low
population density states.--
(A) Exception.--In any State with a
population density of 80 or fewer persons per
square mile of land area, based on the most
recent decennial census, the requirements under
subsection (g)(3) and paragraphs (1) and (2) of
this subsection shall not apply to a
nonattainment or maintenance area in the State
if--
(i) the nonattainment or maintenance
area does not have projects that are
part of the emissions analysis of a
metropolitan transportation plan or
transportation improvement program; and
(ii) regional motor vehicle emissions
are an insignificant contributor to the
air quality problem for PM2.5 in the
nonattainment or maintenance area.
(B) Calculation.--If subparagraph (A) applies
to a nonattainment or maintenance area in a
State, the percentage of the PM2.5 set-aside
under paragraph (1) shall be reduced for that
State proportionately based on the weighted
population of the area in fine particulate
matter nonattainment.
(4) Port-related equipment and vehicles.--To meet the
requirements under paragraph (1), a State or
metropolitan planning organization may elect to
obligate funds to the most cost-effective projects to
reduce emissions from port-related landside nonroad or
on-road equipment that is operated within the
boundaries of a PM2.5 nonattainment or maintenance
area.
(l) Performance Plan.--
(1) In general.--Each metropolitan planning
organization serving a transportation management area
(as defined in section 134) with a population over
1,000,000 people representing a nonattainment or
maintenance area shall develop a performance plan
that--
(A) includes an area baseline level for
traffic congestion and on-road mobile source
emissions for which the area is in
nonattainment or maintenance;
(B) describes progress made in achieving the
air quality and traffic congestion performance
targets described in section 150(d); and
(C) includes a description of projects
identified for funding under this section and
how such projects will contribute to achieving
emission and traffic congestion reduction
targets.
(2) Updated plans.--Performance plans shall be
updated biennially and include a separate report that
assesses the progress of the program of projects under
the previous plan in achieving the air quality and
traffic congestion targets of the previous plan.
[(m) Operating Assistance.--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 on a State-Supported Amtrak route with a
valid cost-sharing agreement under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 and no current
nonattainment areas under subsection (d), and shall have no
imposed time limitation.]
(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 or alternative cost allocation
under section 24712(g)(3) of title 49.
(2) Time limitation.--In determining the amount of
time for which a State may obligate funds under
paragraph (1) for operating assistance for an area of a
State or on a system, the Secretary shall allow such
obligations to occur, in such area or on such system--
(A) with a time limitation of not less than 3
years; and
(B) in the case of projects that demonstrate
continued net air quality benefits beyond 3
years, as determined annually by the Secretary
in consultation with the Administrator of the
Environmental Protection Agency, with no
imposed time limitation.
Sec. 150. National goals and performance management measures
(a) Declaration of Policy.--Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the Federal-
aid highway program, and improving project decisionmaking
through performance-based planning and programming.
(b) National Goals.--It is in the interest of the United
States to focus the Federal-aid highway program on the
following national goals:
(1) Safety.--To achieve a significant reduction or
elimination in traffic fatalities and serious injuries
on all public roads.
(2) Infrastructure condition.--To maintain the
highway infrastructure asset system in a state of good
repair.
(3) Congestion reduction.--To achieve a significant
reduction in congestion on the National Highway System.
(4) System reliability.--To improve the efficiency of
the surface transportation system.
(5) Freight movement and economic vitality.--To
improve the National Highway Freight Network,
strengthen the ability of rural communities to access
national and international trade markets, and support
regional economic development.
(6) Environmental sustainability.--To enhance the
performance of the transportation system while
protecting and enhancing the natural environment.
(7) Combating climate change.--To reduce carbon
dioxide and other greenhouse gas emissions and reduce
the climate impacts of the transportation system.
[(7)] (8) Reduced project delivery delays.--To reduce
project costs, promote jobs and the economy, and
expedite the movement of people and goods by
accelerating project completion through eliminating
delays in the project development and delivery process,
including reducing regulatory burdens and improving
agencies' work practices.
(c) Establishment of Performance Measures.--
(1) In general.--[Not later than 18 months after the
date of enactment of the MAP-21, the Secretary] The
Secretary, in consultation with State departments of
transportation, metropolitan planning organizations,
and other stakeholders, shall promulgate a rulemaking
that establishes performance measures and standards.
(2) Administration.--In carrying out paragraph (1),
the Secretary shall--
(A) provide States, metropolitan planning
organizations, and other stakeholders not less
than 90 days to comment on any regulation
proposed by the Secretary under that paragraph;
(B) take into consideration any comments
relating to a proposed regulation received
during that comment period; and
(C) limit performance measures only to those
described in this subsection.
(3) National highway performance program.--
(A) In general.--Subject to subparagraph (B),
for the purpose of carrying out section 119,
the Secretary shall establish--
(i) minimum standards for States to
use in developing and operating bridge
and pavement management systems;
(ii) measures for States to use to
assess--
(I) the condition of
pavements on the Interstate
system;
(II) the condition of
pavements on the National
Highway System (excluding the
Interstate);
(III) the condition of
bridges on the National Highway
System;
(IV) the performance of the
Interstate System; and
(V) the performance of the
National Highway System
(excluding the Interstate
System);
(iii) minimum levels for the
condition of pavement on the Interstate
System, only for the purposes of
carrying out section 119(f)(1); and
(iv) the data elements that are
necessary to collect and maintain
standardized data to carry out a
performance-based approach.
(B) Regions.--In establishing minimum
condition levels under subparagraph (A)(iii),
if the Secretary determines that various
geographic regions of the United States
experience disparate factors contributing to
the condition of pavement on the Interstate
System in those regions, the Secretary may
establish different minimum levels for each
region.
(4) Highway safety improvement program.--For the
purpose of carrying out section 148, the Secretary
shall establish measures for States to use to assess--
(A) serious injuries and fatalities per
vehicle mile traveled; and
(B) the number of serious injuries and
fatalities.
(5) Congestion mitigation and air quality program.--
For the purpose of carrying out section 149, the
Secretary shall establish measures for States to use to
assess--
(A) traffic congestion; and
(B) on-road mobile source emissions.
(6) National freight movement.--The Secretary shall
establish measures for States to use to assess freight
movement on the Interstate System.
(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;
(B) carbon dioxide emissions using different
parameters than described in subparagraph (A)
that the Secretary determines to be
appropriate; and
(C) any other greenhouse gas emissions on
public roads that the Secretary determines to
be appropriate.
(d) Establishment of Performance Targets.--
(1) In general.--[Not later than 1 year after the
Secretary has promulgated the final rulemaking under
subsection (c), each] Each State shall set performance
targets that reflect the measures identified in
paragraphs (3), (4), (5), [and (6)] (6), and (7) of
subsection (c).
(2) Different approaches for urban and rural areas.--
In the development and implementation of any
performance target, a State may, as appropriate,
provide for different performance targets for urbanized
and rural areas.
(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.
(e) Reporting on Performance Targets.--[Not later than 4
years after the date of enactment of the MAP-21 and biennially
thereafter, a] A State shall submit to the Secretary a biennial
report that describes--
(1) the condition and performance of the National
Highway System in the State;
(2) the effectiveness of the investment strategy
document in the State asset management plan for the
National Highway System;
(3) progress in achieving performance targets
identified under subsection (d); and
(4) the ways in which the State is addressing
congestion at freight bottlenecks, including those
identified in the national freight strategic plan,
within the State.
(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;
(B) the level of transportation system access
for economically disadvantaged communities,
including to affordable housing; and
(C) the extent to which transportation access
is impacted by zoning policies and land use
planning practices that effect the
affordability, elasticity, and diversity of the
housing supply.
(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.
Sec. 151. National electric vehicle charging and hydrogen, propane, and
natural gas fueling corridors
(a) In General.--[Not later than 1 year after the date of
enactment of the FAST Act, the Secretary shall] The Secretary
shall periodically designate national electric vehicle charging
and hydrogen, propane, and natural gas fueling corridors that
identify the near- and long-term need for, and location of,
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, and natural gas
fueling infrastructure at strategic locations along major
national highways to improve the mobility of passenger and
commercial vehicles that employ electric, hydrogen fuel cell,
propane, and natural gas fueling technologies across the United
States.
(b) Designation of Corridors.--In designating the corridors
under subsection (a), the Secretary shall--
(1) solicit nominations from State and local
officials for facilities to be included in the
corridors;
(2) incorporate existing electric vehicle charging,
hydrogen fueling, propane fueling, and natural gas
fueling corridors previously designated by the Federal
Highway Administration or designated by a State or
group of States; and
(3) consider the demand for, and location of,
existing electric vehicle charging stations, hydrogen
fueling stations, propane fueling stations, and natural
gas fueling infrastructure.
(c) Stakeholders.--In designating corridors under subsection
(a), the Secretary shall involve, on a voluntary basis,
stakeholders that include--
(1) the heads of other Federal agencies;
(2) State and local officials;
(3) representatives of--
(A) energy utilities;
(B) the electric, fuel cell electric,
propane, and natural gas vehicle industries;
(C) the freight and shipping industry;
(D) clean technology firms;
(E) the hospitality industry;
(F) the restaurant industry;
(G) highway rest stop vendors; and
(H) industrial gas and hydrogen
manufacturers; and
(4) such other stakeholders as the Secretary
determines to be necessary.
(d) Redesignation.--[Not later than]
(1) In general._Not later than [5 years after the
date of establishment of the corridors under subsection
(a), and every 5 years thereafter] 180 days after the
date of enactment of the INVEST in America Act, the
Secretary shall establish a recurring process to
regularly update and redesignate the corridors.
(2) Freight corridors.--Not later than 1 year after
the date of enactment of the INVEST in America Act, the
Secretary shall designate national electric vehicle
charging and hydrogen fueling freight corridors that
identify the near- and long-term need for, and the
location of, electric vehicle charging and hydrogen
fueling infrastructure to support freight and goods
movement at strategic locations along major national
highways, the National Highway Freight Network, and
goods movement locations including ports, intermodal
centers, and warehousing locations.
(e) Report.--During designation and redesignation of the
corridors under this section, the Secretary shall issue a
report that--
(1) identifies electric vehicle charging
infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, and natural gas fueling
infrastructure and standardization needs for
electricity providers, industrial gas providers,
natural gas providers, infrastructure providers,
vehicle manufacturers, electricity purchasers, and
natural gas purchasers[; and];
(2) [establishes an aspirational goal of achieving]
describes efforts to achieve strategic deployment of
electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure,
and natural gas fueling infrastructure in those
corridors [by the end of fiscal year 2020.], including
progress on the implementation of subsection (f); and
(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of
Energy, for project development of electric vehicle
charging infrastructure to allow for the predictable
deployment of such infrastructure.
(f) Clean Corridors Program.--
(1) Establishment.--There is established a clean
corridors program (referred to in this subsection as
the ``Program'') to provide funding to States to
strategically deploy electric vehicle charging and
hydrogen fueling infrastructure along alternative fuel
corridors and to establish an interconnected network to
facilitate data collection, access, and reliability.
(2) Purpose.--The purpose of the Program is to
provide funding for--
(A) the acquisition and installation of
electric vehicle charging infrastructure and
hydrogen fueling infrastructure to serve as a
catalyst for the deployment of such
infrastructure and to connect it to a network
to facilitate data collection, access, and
reliability;
(B) proper operation and maintenance of
electric vehicle charging infrastructure; and
(C) data sharing about charging and fueling
infrastructure to ensure the long-term success
of investments made through the Program.
(3) Alternative distribution of funds.--
(A) Plan.--The Secretary shall establish a
deadline by which a State shall provide a plan
to the Secretary, in such form and such manner
that the Secretary requires, describing how
such State intends to use its allocation under
this section.
(B) Efficient obligation of funds.--If a
State fails to submit the plan required by
subparagraph (A) to the Secretary in a timely
manner, or if the Secretary determines a State
has not taken sufficient action to carry out
its plan, the Secretary may--
(i) withdraw from the State the funds
that were apportioned to the State for
a fiscal year under section 104(b)(10);
(ii) award such funds on a
competitive basis to local units of
government within the State for use on
projects that meet the eligibility
requirements described in paragraph
(4); and
(iii) ensure timely obligation of
such funds.
(C) Redistribution among states.--If the
Secretary determines that any funds withdrawn
from a State under subparagraph (B)(i) cannot
be fully awarded to local units of government
within the State under subparagraph (B)(ii) in
a manner consistent with the purpose of this
subsection, any such funds remaining under
subparagraph (B)(i) shall be--
(i) apportioned among other States
(except States for which funds for that
fiscal year have been withdrawn under
subparagraph (B)(i)) in the same ratio
as funds apportioned for that fiscal
year under section 104(b)(10)(C) for
the Program; and
(ii) only available to carry out this
section.
(4) Eligible projects.--
(A) In general.--Funding made available under
this subsection shall be for projects--
(i) directly related to the electric
charging or hydrogen fueling of a
vehicle; and
(ii) only for infrastructure that is
open to the general public or to
authorized commercial motor vehicle
operators from more than 1 company.
(B) Location of infrastructure.--
(i) In general.--Any charging or
fueling infrastructure acquired or
installed with funding under this
subsection shall be located along an
alternative fuel corridor.
(ii) Guidance.--Not later than 90
days after the date of enactment of the
INVEST in America Act, the Secretary of
Transportation, in coordination with
the Secretary of Energy, shall develop
guidance for States and localities to
strategically deploy charging and
fueling infrastructure along
alternative fuel corridors, consistent
with this section.
(iii) Additional considerations.--In
developing the guidance required under
clause (ii), the Secretary of
Transportation, in coordination with
the Secretary of Energy, shall
consider--
(I) the distance between
publicly available charging and
fueling infrastructure eligible
under this section;
(II) connections to the
electric grid or fuel
distribution system, including
electric distribution upgrades,
vehicle-to-grid integration,
including smart charge
management or other protocols
that can minimize impacts to
the electric grid, and
alignment with electric
distribution interconnection
processes;
(III) plans to protect the
electric grid from added load
of charging distribution
systems from adverse impacts of
changing load patterns,
including through on site
storage;
(IV) plans for the use of
renewable energy sources to
power charging, energy storage,
and hydrogen fuel production;
(V) the proximity of existing
off-highway travel centers,
fuel retailers, and small
businesses to electric vehicle
charging infrastructure
acquired or funded under this
subsection;
(VI) the need for publicly
available electric vehicle
charging infrastructure in
rural corridors;
(VII) the long-term operation
and maintenance of publicly
available electric vehicle
charging infrastructure to
avoid stranded assets and
protect the investment of
public funds in that
infrastructure;
(VIII) existing private,
national, State, local, Tribal,
and territorial government
electric vehicle charging
infrastructure programs and
incentives;
(IX) fostering enhanced,
coordinated, public-private or
private investment in charging
and fueling infrastructure;
(X) ensuring consumer
protection and pricing
transparency;
(XI) the availability of
onsite amenities for vehicle
operators, including restrooms
or food facilities; and
(XII) any other factors, as
determined by the Secretary.
(5) Eligible project costs.--Subject to paragraph
(6), funds made available under this subsection may be
used for--
(A) the acquisition or installation of
electric vehicle charging or hydrogen fueling
infrastructure;
(B) operating assistance for costs allocable
to operating and maintaining infrastructure
acquired or installed under this subsection,
for a period not to exceed five years;
(C) the acquisition or installation of
traffic control devices located in the right-
of-way to provide directional information to
infrastructure acquired, installed, or operated
under this subsection; or
(D) on-premises signs to provide information
about infrastructure acquired, installed, or
operated under this subsection.
(6) Guidance.--Not later than 180 days after the date
of enactment of the INVEST in America Act, the
Secretary of Transportation, in coordination with the
Secretary of Energy, shall, as appropriate, publish
guidance for public comment related to--
(A) the installation, operation, or
maintenance by qualified technicians of
electric vehicle charging infrastructure under
this subsection;
(B) the physical and payment interoperability
of electric vehicle charging infrastructure
under this subsection;
(C) any traffic control device or on-premises
sign acquired, installed, or operated under
this subsection;
(D) any data requested by the Secretary
related to a project funded under this
subsection, including the format and schedule
for the submission of such data; and
(E) network connectivity of electric vehicle
charging that includes measures to protect
personal privacy and ensure cybersecurity.
(7) Federal share.--The Federal share payable for the
cost of a project funded under this subsection shall be
80 percent.
(8) Period of availability.--Notwithstanding section
118(b), funds made available for the Program shall be
available until expended.
(9) Additional assistance grants.--For each of fiscal
years 2023 through 2026, before making an apportionment
under section 104(b)(10), the Secretary shall set
aside, from amounts made available to carry out the
clean corridors program under this subsection,
$100,000,000 for grants to States or localities that
require additional assistance to strategically deploy
infrastructure eligible under this subsection along
alternative fuel corridors to fill gaps in the national
charging network, including in rural areas.
(10) Definition of alternative fuel corridors.--In
this subsection, the term ``alternative fuel
corridors'' means a fuel corridor--
(A) designated under subsection (a); or
(B) equivalent to a fuel corridor described
under such subsection that is designated, after
consultation with any affected Indian Tribes or
Tribal organizations, by a State or group of
States.
* * * * * * *
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.--An electric vehicle charging station
funded under this title shall--
(1) provide a charging connector type or means to
transmit electricity to vehicles that meets applicable
industry accepted practices and safety standards; and
(2) have the ability to serve vehicles produced by
more than one vehicle manufacturer.
(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) Network Capability.--An electric vehicle charging station
funded under this title shall be capable of being remotely
monitored.
(e) Guidance.--Not less than 180 days after enactment of the
INVEST in America Act, the Secretary of Transportation, in
coordination with the Secretary of Energy, shall, as
appropriate, publish guidance for public comment applicable to
any electric vehicle charging station funded in whole or in
part under this title related to--
(1) the installation, operation, or maintenance by
qualified technicians of electric vehicle charging
infrastructure;
(2) the physical and payment interoperability of
electric vehicle charging infrastructure;
(3) any traffic control device or on-premises sign
acquired, installed, or operated related to an electric
vehicle charging station funded under this title; and
(4) network connectivity of electric vehicle
charging, including measures to protect personal
privacy and ensure cybersecurity.
(f) Wage Requirements.--Section 113 shall apply to any
project for electric vehicle charging infrastructure funded
under this title.
* * * * * * *
Sec. 164. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence
(a) Definitions.--In this section, the following definitions
apply:
(1) 24-7 sobriety program.--The term ``24-7 sobriety
program'' has the meaning given the term in section
405(d)(7)(A).
(2) Alcohol concentration.--The term ``alcohol
concentration'' means grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters
of breath.
(3) Driving while intoxicated; driving under the
influence.--The terms ``driving while intoxicated'' and
``driving under the influence'' mean driving or being
in actual physical control of a motor vehicle while
having an alcohol concentration above the permitted
limit as established by each State.
(4) Motor vehicle.--The term ``motor vehicle'' means
a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but
does not include a vehicle operated solely on a rail
line or a commercial vehicle.
(5) Repeat intoxicated driver law.--The term ``repeat
intoxicated driver law'' means a State law or
combination of laws or programs that provides, as a
minimum penalty, that an individual convicted of a
second or subsequent offense for driving while
intoxicated or driving under the influence after a
previous conviction for that offense shall--
(A) receive, for a period of not less than 1
year--
(i) a suspension of all driving
privileges;
(ii) a restriction on driving
privileges that limits the individual
to operating only motor vehicles with
an ignition interlock device installed,
unless a special exception applies;
(iii) a restriction on driving
privileges that limits the individual
to operating motor vehicles only if
participating in, and complying with, a
24-7 sobriety program; or
(iv) any combination of clauses (i)
through (iii);
(B) receive an assessment of the individual's
degree of abuse of alcohol and treatment as
appropriate; and
(C) receive--
(i) in the case of the second
offense--
(I) an assignment of not less
than 30 days of community
service; or
(II) not less than 5 days of
imprisonment (unless the State
certifies that the general
practice is that such an
individual will be
incarcerated); and
(ii) in the case of the third or
subsequent offense--
(I) an assignment of not less
than 60 days of community
service; or
(II) not less than 10 days of
imprisonment (unless the State
certifies that the general
practice is that such an
individual will receive 10 days
of incarceration).
(6) Special exception.--The term ``special
exception'' means an exception under a State alcohol-
ignition interlock law for the following circumstances:
(A) The individual is required to operate an
employer's motor vehicle in the course and
scope of employment and the business entity
that owns the vehicle is not owned or
controlled by the individual.
(B) The individual is certified by a medical
doctor as being unable to provide a deep lung
breath sample for analysis by an ignition
interlock device.
(b) Transfer of Funds.--
(1) Fiscal years 2001 and 2002.--On October 1, 2000,
and October 1, 2001, if a State has not enacted or is
not enforcing a repeat intoxicated driver law, the
Secretary shall transfer an amount equal to 11/2
percent of the funds apportioned to the State on that
date under each of paragraphs (1), (3), and (4) of
section 104(b) to the apportionment of the State under
section 402--
(A) to be used for [alcohol-impaired] alcohol
or polysubstance-impaired driving
countermeasures; or
(B) to be directed to State and local law
enforcement agencies for enforcement of laws
prohibiting driving while intoxicated [or],
driving under the influence, or driving while
polysubstance-impaired and other related laws
(including regulations), including the purchase
of equipment, the training of officers, and the
use of additional personnel for specific
[alcohol-impaired] alcohol or polysubstance-
impaired driving countermeasures, dedicated to
enforcement of the laws (including
regulations).
(2) Fiscal year 2012 and thereafter.--
(A) Reservation of funds.--On October 1,
2011, and each October 1 thereafter, if a State
has not enacted or is not enforcing a repeat
intoxicated driver law, the Secretary shall
reserve an amount equal to 2.5 percent of the
funds to be apportioned to the State on that
date under each of paragraphs (1) and (2) of
section 104(b) until the State certifies to the
Secretary the means by which the States will
use those reserved funds among the uses
authorized under subparagraphs (A) and (B) of
paragraph (1), and paragraph (3).
(B) Transfer of funds.--As soon as
practicable after the date of receipt of a
certification from a State under subparagraph
(A), the Secretary shall--
(i) transfer the reserved funds
identified by the State for use as
described in subparagraphs (A) and (B)
of paragraph (1) to the apportionment
of the State under section 402; and
(ii) release the reserved funds
identified by the State as described in
paragraph (3).
(3) Use for highway safety improvement program.--
(A) In general.--A State may elect to use all
or a portion of the funds reserved under
paragraph (2) for activities eligible under
section 148.
(B) State departments of transportation.--If
the State makes an election under subparagraph
(A), the funds shall be transferred to the
department of transportation of the State,
which shall be responsible for the
administration of the funds.
(4) Federal share.--The Federal share of the cost of
a project carried out with funds transferred under
paragraph (1) or (2), or used under paragraph (3),
shall be 100 percent.
(5) Derivation of amount to be transferred.--The
amount to be transferred or released under paragraph
(2) may be derived from the following:
(A) The apportionment of the State under
section 104(b)(1).
(B) The apportionment of the State under
section 104(b)(2).
(6) Transfer of obligation authority.--
(A) In general.--If the Secretary transfers
under this subsection any funds to the
apportionment of a State under section 402 for
a fiscal year, the Secretary shall transfer an
amount, determined under subparagraph (B), of
obligation authority distributed for the fiscal
year to the State for Federal-aid highways and
highway safety construction programs for
carrying out projects under section 402.
(B) Amount.--The amount of obligation
authority referred to in subparagraph (A) shall
be determined by multiplying--
(i) the amount of funds transferred
under subparagraph (A) to the
apportionment of the State under
section 402 for the fiscal year, by
(ii) the ratio that--
(I) the amount of obligation
authority distributed for the
fiscal year to the State for
Federal-aid highways and
highway safety construction
programs, bears to
(II) the total of the sums
apportioned to the State for
Federal-aid highways and
highway safety construction
programs (excluding sums not
subject to any obligation
limitation) for the fiscal
year.
(7) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of
law, no limitation on the total of obligations for
highway safety programs under section 402 shall apply
to funds transferred under this subsection to the
apportionment of a State under such section.
Sec. 165. Territorial and Puerto Rico highway program
[(a) Division of Funds.--Of funds made available in a fiscal
year for the territorial and Puerto Rico highway program--
[(1) $158,000,000 shall be for the Puerto Rico
highway program under subsection (b); and
[(2) $42,000,000 shall be for the territorial highway
program under subsection (c).]
(a) Annual Allocation.--For the Puerto Rico and territorial
highway program, there shall be made available--
(1) $340,000,000 for the Puerto Rico highway program
under subsection (b) for each of fiscal years 2023
through 2026; and
(2) for the territorial highway program under
subsection (c)--
(A) $113,044,097 for fiscal year 2023;
(B) $114,961,294 for fiscal year 2024;
(C) $117,190,719 for fiscal year 2025; and
(D) $119,237,332 for fiscal year 2026.
(b) Puerto Rico Highway Program.--
(1) In general.--The Secretary shall allocate funds
made available to carry out this subsection to the
Commonwealth of Puerto Rico to carry out a highway
program in the Commonwealth.
(2) Treatment of funds.--Amounts made available to
carry out this subsection for a fiscal year shall be
administered as follows:
(A) Apportionment.--
(i) In general.--For the purpose of
imposing any penalty under this title
or title 49, the amounts shall be
treated as being apportioned to Puerto
Rico under sections 104(b) and 144 (as
in effect for fiscal year 1997) for
each program funded under those
sections in an amount determined by
multiplying--
(I) the aggregate of the
amounts for the fiscal year; by
(II) the proportion that--
(aa) the amount of
funds apportioned to
Puerto Rico for each
such program for fiscal
year 1997; bears to
(bb) the total amount
of funds apportioned to
Puerto Rico for all
such programs for
fiscal year 1997.
(ii) Exception.--Funds identified
under clause (i) as having been
apportioned for the national highway
system, the surface transportation
[block grant] program, and the
Interstate maintenance program shall be
deemed to have been apportioned 50
percent for the national highway
performance program and 50 percent for
the surface transportation program for
purposes of imposing such penalties.
(B) Penalty.--The amounts treated as being
apportioned to Puerto Rico under each section
referred to in subparagraph (A) shall be deemed
to be required to be apportioned to Puerto Rico
under that section for purposes of the
imposition of any penalty under this title or
title 49.
(C) Eligible uses of funds.--Of amounts
allocated to Puerto Rico for the Puerto Rico
Highway Program for a fiscal year--
(i) at least 50 percent shall be
available only for purposes eligible
under section 119;
(ii) at least 25 percent shall be
available only for purposes eligible
under section 148; and
(iii) any remaining funds may be
obligated for activities eligible under
chapter 1.
(D) Transferability.--Of the amounts
described in clauses (i) and (ii) of
subparagraph (C) for the Puerto Rico highway
program, Puerto Rico may transfer not to exceed
50 percent in a fiscal year of such amounts for
activities described in clause (iii) of such
subparagraph.
(3) Effect on apportionments.--Except as otherwise
specifically provided, Puerto Rico shall not be
eligible to receive funds apportioned to States under
this title.
(c) Territorial Highway Program.--
(1) Territory defined.--In this subsection, 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.
(2) Program.--
(A) In general.--Recognizing the mutual
benefits that will accrue to the territories
and the United States from the improvement of
highways in the territories, the Secretary may
carry out a program to assist each government
of a territory in the construction and
improvement of a system of arterial and
collector highways, and necessary inter-island
connectors, that is--
(i) designated by the Governor or
chief executive officer of each
territory; and
(ii) approved by the Secretary.
(B) Federal share.--The Federal share of
Federal financial assistance provided to
territories under this subsection shall be in
accordance with section 120(g).
(3) Technical assistance.--
(A) In general.--To continue a long-range
highway development program, the Secretary may
provide technical assistance to the governments
of the territories to enable the territories,
on a continuing basis--
(i) to engage in highway planning;
(ii) to conduct environmental
evaluations;
(iii) to administer right-of-way
acquisition and relocation assistance
programs; and
(iv) to design, construct, operate,
and maintain a system of arterial and
collector highways, including necessary
inter-island connectors.
(B) Form and terms of assistance.--Technical
assistance provided under subparagraph (A), and
the terms for the sharing of information among
territories receiving the technical assistance,
shall be included in the agreement required by
paragraph (5).
(4) Nonapplicability of certain provisions.--
(A) In general.--Except to the extent that
provisions of this chapter are determined by
the Secretary to be inconsistent with the needs
of the territories and the intent of this
subsection, this chapter (other than provisions
of this chapter relating to the apportionment
and allocation of funds) shall apply to funds
made available under this subsection.
(B) Applicable provisions.--The agreement
required by paragraph (5) for each territory
shall identify the sections of this chapter
that are applicable to that territory and the
extent of the applicability of those sections.
(5) Agreement.--
(A) In general.--Except as provided in
subparagraph (D), none of the funds made
available under this subsection shall be
available for obligation or expenditure with
respect to any territory until the chief
executive officer of the territory has entered
into an agreement (including an agreement
entered into under section 215 as in effect on
the day before the enactment of this section)
with the Secretary providing that the
government of the territory shall--
(i) implement the program in
accordance with applicable provisions
of this chapter and paragraph (4);
(ii) design and construct a system of
arterial and collector highways,
including necessary inter-island
connectors, in accordance with
standards that are--
(I) appropriate for each
territory; and
(II) approved by the
Secretary;
(iii) provide for the maintenance of
facilities constructed or operated
under this subsection in a condition to
adequately serve the needs of present
and future traffic; and
(iv) implement standards for traffic
operations and uniform traffic control
devices that are approved by the
Secretary.
(B) Technical assistance.--The agreement
required by subparagraph (A) shall--
(i) specify the kind of technical
assistance to be provided under the
program;
(ii) include appropriate provisions
regarding information sharing among the
territories; and
(iii) delineate the oversight role
and responsibilities of the territories
and the Secretary.
(C) Review and revision of agreement.--The
agreement entered into under subparagraph (A)
shall be reevaluated and, as necessary,
revised, at least every 2 years.
(D) Existing agreements.--With respect to an
agreement under this subsection or an agreement
entered into under section 215 of this title as
in effect on the day before the date of
enactment of this subsection--
(i) the agreement shall continue in
force until replaced by an agreement
entered into in accordance with
subparagraph (A); and
(ii) amounts made available under
this subsection under the existing
agreement shall be available for
obligation or expenditure so long as
the agreement, or the existing
agreement entered into under
subparagraph (A), is in effect.
(6) Eligible uses of funds.--
(A) In general.--Funds made available under
this subsection may be used only for the
following projects and activities carried out
in a territory:
(i) Eligible surface transportation
[block grant] program projects
described in section 133(b).
(ii) Cost-effective, preventive
maintenance consistent with section
116(e).
(iii) Ferry boats, terminal
facilities, and approaches, in
accordance with subsections (b) and (c)
of section 129.
(iv) Ferry boats and terminal
facilities that are privately or
majority privately owned, in accordance
with paragraphs (1), (2), (4), (5),
(6), and (7) of section 129(c), that
provide a substantial public benefit.
[(iv)] (v) Engineering and economic
surveys and investigations for the
planning, and the financing, of future
highway programs.
[(v)] (vi) Studies of the economy,
safety, and convenience of highway use.
[(vi)] (vii) The regulation and
equitable taxation of highway use.
[(vii)] (viii) Such research and
development as are necessary in
connection with the planning, design,
and maintenance of the highway system.
(B) Prohibition on use of funds for routine
maintenance.--None of the funds made available
under this subsection shall be obligated or
expended for routine maintenance.
(7) Location of projects.--Territorial highway
program projects (other than those described in
paragraphs (1) through (4) of section 133(c) and
section 133(b)(12)) may not be undertaken on roads
functionally classified as local.
(d) Participation of Territories in Discretionary Programs.--
For any program in which the Secretary may allocate funds out
of the Highway Trust Fund (other than the Mass Transit Account)
to a State at the discretion of the Secretary, the Secretary
may allocate funds to one or more territory for any project or
activity that otherwise would be eligible under such program if
such project or activity was being carried out in a State.
Sec. 166. HOV facilities
(a) In General.--
(1) Authority of public authorities.--A public
authority that has jurisdiction over the operation of a
HOV facility shall establish the occupancy requirements
of vehicles operating on the facility.
(2) Occupancy requirement.--Except as otherwise
provided by this section, no fewer than two occupants
per vehicle may be required for use of a HOV facility.
(b) Exceptions.--
(1) In general.--Notwithstanding the occupancy
requirement of subsection (a)(2), the exceptions in
paragraphs (2) through (5) shall apply with respect to
a public authority operating a HOV facility.
(2) Motorcycles and bicycles.--
(A) In general.--Subject to subparagraph (B),
the public authority shall allow motorcycles
and bicycles to use the HOV facility.
(B) Safety exception.--
(i) In general.--A public authority
may restrict use of the HOV facility by
motorcycles or bicycles (or both) if
the authority certifies to the
Secretary that such use would create a
safety hazard and the Secretary accepts
the certification.
(ii) Acceptance of certification.--
The Secretary may accept a
certification under this subparagraph
only after the Secretary publishes
notice of the certification in the
Federal Register and provides an
opportunity for public comment.
(3) Public transportation vehicles.--The public
authority may allow public transportation vehicles to
use the HOV facility if the authority--
(A) establishes requirements for clearly
identifying the vehicles;
(B) establishes procedures for enforcing the
restrictions on the use of the facility by the
vehicles; and
(C) provides equal access under the same
rates, terms, and conditions for all public
transportation vehicles and over-the-road buses
serving the public.
(4) High occupancy toll vehicles.--The public
authority may allow vehicles not otherwise exempt
pursuant to this subsection to use the HOV facility if
the operators of the vehicles pay a toll charged by the
authority for use of the facility and the authority--
(A) establishes a program that addresses how
motorists can enroll and participate in the
toll program;
(B) develops, manages, and maintains a system
that will automatically collect the toll; and
(C) establishes policies and procedures to--
(i) manage the demand to use the
facility by varying the toll amount
that is charged;
(ii) enforce violations of use of the
facility; and
(iii) ensure that over-the-road buses
serving the public are provided access
to the facility under the same rates,
terms, and conditions as public
[transportation buses] transportation
vehicles.
(5) Low emission and energy-efficient vehicles.--
(A) Special rule.--Before September 30, 2025,
if a public authority establishes procedures
for enforcing the restrictions on the use of a
HOV facility by vehicles described in clauses
(i) and (ii), the public authority may allow
the use of the HOV facility by--
(i) alternative fuel vehicles; and
(ii) any motor vehicle described in
section 30D(d)(1) of the Internal
Revenue Code of 1986.
(B) Other low emission and energy-efficient
vehicles.--Before September 30, [2019] 2025,
the public authority may allow vehicles
certified as low emission and energy-efficient
vehicles under subsection (e), and labeled in
accordance with subsection (e), to use the HOV
facility if the operators of the vehicles pay a
toll charged by the authority for use of the
facility and the authority--
(i) establishes a program that
addresses the selection of vehicles
under this paragraph; and
(ii) establishes procedures for
enforcing the restrictions on the use
of the facility by the vehicles.
(C) Amount of tolls.--Under this paragraph, a
public authority may charge no toll or may
charge a toll that is less than or equal to
tolls charged under paragraph (4).
(6) Emergency vehicles.--The public authority may
allow the following vehicles to use the HOV facility if
the authority establishes requirements for clearly
identifying the vehicles:
(A) An emergency vehicle that is responding
to an existing emergency.
(B) A blood transport vehicle that is
transporting blood between collection points
and hospitals or storage centers.
(c) Requirements Applicable to Tolls.--
(1) In general.--Notwithstanding section 301, tolls
may be charged under paragraphs (4) and (5) of
subsection (b), subject to the requirements of section
129.
(2) Toll revenue.--Toll revenue collected under this
section is subject to the requirements of section
129(a)(3).
(d) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
(1) In general.--A public authority that allows
vehicles to use a HOV facility under paragraph (4) or
(5) of subsection (b) shall submit to the Secretary a
report demonstrating that the facility is not already
degraded, and that the presence of the vehicles will
not cause the facility to become degraded, and certify
to the Secretary that the authority will carry out the
following responsibilities with respect to the
facility:
(A) Establishing, managing, and supporting a
performance monitoring, evaluation, and
reporting program for the facility that
provides for continuous monitoring, assessment,
and reporting on the impacts that the vehicles
may have on the operation of the facility and
adjacent highways and submitting to the
Secretary annual reports of those impacts.
(B) Establishing, managing, and supporting an
enforcement program that ensures that the
facility is being operated in accordance with
the requirements of this section.
(C) Limiting or discontinuing the use of the
facility by the vehicles whenever the operation
of the facility is degraded.
(D) Maintenance of operating performance.--
(i) Submission of plan.--Not later
than 180 days after the date on which a
facility is degraded under paragraph
(2), 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 into compliance with the
minimum average operating speed
performance standard through changes to
the operation of the facility,
including--
(I) increasing the occupancy
requirement for HOV lanes;
(II) varying the toll charged
to vehicles allowed under
subsection (b) to reduce
demand;
(III) discontinuing allowing
non-HOV vehicles to use HOV
lanes under subsection (b); or
(IV) increasing the available
capacity of the HOV facility.
(ii) Notice of approval or
disapproval.--Not later than 60 days
after the date of receipt of a plan
under clause (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 HOV facility into
compliance with the minimum average
operating speed performance standard.
(iii) Annual progress updates.--Until
the date on which the Secretary
determines that the public authority
has brought the HOV facility into
compliance with this subsection, the
public authority shall submit annual
updates that describe--
(I) the actions taken to
bring the HOV facility into
compliance; and
(II) the progress made by
those actions.
(E) Compliance.--If the public authority
fails to bring a facility into compliance under
subparagraph (D), the Secretary shall 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.
(F) Waiver.--
(i) In general.--Upon the request of
a public authority, the Secretary may
waive the compliance requirements of
subparagraph (E), if the Secretary
determines that--
(I) the waiver is in the best
interest of the traveling
public;
(II) the public authority is
meeting the conditions under
subparagraph (D); and
(III) the public authority
has made a good faith effort to
improve the performance of the
facility.
(ii) Condition.--The Secretary may
require, as a condition of providing a
waiver under this subparagraph, that a
public authority take additional
actions, as determined by the
Secretary, to maximize the operating
speed performance of the facility, even
if such performance is below the level
set under paragraph (2).
(2) Degraded facility.--
(A) Definition of minimum average operating
speed.--In this paragraph, the term ``minimum
average operating speed'' means--
(i) [45 miles per hour, in the case
of a HOV facility with a speed limit of
50 miles per hour or greater] 35 miles
per hour, in the case of a HOV facility
with a speed limit of 45 miles per hour
or greater; and
(ii) not more than 10 miles per hour
below the speed limit, in the case of a
HOV facility with a speed limit of less
than 50 miles per hour.
(B) Standard for determining degraded
facility.--For purposes of paragraph (1), the
operation of a HOV 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)] peak hour periods.
(C) Management of low emission and energy-
efficient vehicles.--In managing the use of HOV
lanes by low emission and energy-efficient
vehicles that do not meet applicable occupancy
requirements, a public authority may increase
the percentages described in subsection
(f)(3)(B)(i).
(e) Certification of Low Emission and Energy-Efficient
Vehicles.--[Not later than 180 days after the date of enactment
of this section, the Administrator] The Administrator of the
Environmental Protection Agency shall--
(1) issue a final rule establishing requirements for
certification of vehicles as low emission and energy-
efficient vehicles for purposes of this section and
requirements for the labeling of the vehicles; [and]
(2) establish guidelines and procedures for making
the vehicle comparisons and performance calculations
described in subsection (f)(3)(B), in accordance with
section 32908(b) of title 49[.]; and
(3) not later than 180 days after the date of
enactment of the INVEST in America Act, update the
requirements established under paragraph (1).
(f) Definitions.--In this section, the following definitions
apply:
(1) Alternative fuel vehicle.--The term ``alternative
fuel vehicle'' means a vehicle that is solely operating
on--
(A) methanol, denatured ethanol, or other
alcohols;
(B) a mixture containing at least 85 percent
of methanol, denatured ethanol, and other
alcohols by volume with gasoline or other
fuels;
[(C) natural gas;
[(D) liquefied petroleum gas;]
[(E)] (C) hydrogen;
[(F) coal derived liquid fuels;]
[(G)] (D) fuels (except alcohol) derived from
biological materials;
[(H)] (E) electricity (including electricity
from solar energy); or
[(I)] (F) any other fuel that the Secretary
prescribes by regulation that is not
substantially petroleum and that would yield
substantial energy security and environmental
benefits, including fuels regulated under
section 490 of title 10, Code of Federal
Regulations (or successor regulations).
(2) HOV facility.--The term ``HOV facility'' means a
high occupancy vehicle facility.
(3) Low emission and energy-efficient vehicle.--The
term ``low emission and energy-efficient vehicle''
means a vehicle that--
(A) has been certified by the Administrator
as meeting the Tier II emission level
established in regulations prescribed by the
Administrator under section 202(i) of the Clean
Air Act (42 U.S.C. 7521(i)) for that make and
model year vehicle; and
(B)(i) is certified by the Administrator of
the Environmental Protection Agency, in
consultation with the manufacturer, to have
achieved not less than a 50-percent increase in
city fuel economy or not less than a 25-percent
increase in combined city-highway fuel economy
(or such greater percentage of city or city-
highway fuel economy as may be determined by a
State under subsection (d)(2)(C)) relative to a
comparable vehicle that is an internal
combustion gasoline fueled vehicle (other than
a vehicle that has propulsion energy from
onboard hybrid sources); or
(ii) is an alternative fuel vehicle.
(4) 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).
(5) Public authority.--The term ``public authority''
as used with respect to a HOV facility, means a State,
interstate compact of States, public entity designated
by a State, or local government having jurisdiction
over the operation of the facility.
(6) Public transportation vehicle.--The term ``public
transportation vehicle'' means a vehicle that--
(A) provides designated public transportation
(as defined in section 221 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12141)
or provides public school transportation (to
and from public or private primary, secondary,
or tertiary schools); and
(B)(i) is owned or operated by a [public
entity] public transportation service that is a
recipient or subrecipient of funds under
chapter 53 of title 49;
(ii) is operated under a contract with a
public entity; or
(iii) is operated pursuant to a license by
the Secretary or a public authority to provide
motorbus or school vehicle transportation
services to the public.
(g) Consultation of MPO.--If a HOV facility charging tolls
under paragraph (4) or (5) of subsection (b) is on the
Interstate System and located in a metropolitan planning area
established in accordance with section 134, the public
authority shall consult with the metropolitan planning
organization for the area concerning the placement and amount
of tolls on the facility.
Sec. 167. National highway freight program
(a) In General.--
(1) Policy.--It is the policy of the United States to
improve the condition and performance of the National
Highway Freight Network established under this section
to ensure that the Network provides the foundation for
the United States to compete in the global economy and
achieve the goals described in subsection (b).
(2) Establishment.--In support of the goals described
in subsection (b), the Administrator of the Federal
Highway Administration shall establish a national
highway freight program in accordance with this section
to improve the efficient movement of freight on the
National Highway Freight Network.
(b) Goals.--The goals of the national highway freight program
are--
(1) to invest in infrastructure improvements and to
implement operational improvements on the highways of
the United States that--
(A) strengthen the contribution of the
National Highway Freight Network to the
economic competitiveness of the United States;
(B) reduce congestion and bottlenecks on the
National Highway Freight Network;
(C) reduce the cost of freight
transportation;
(D) improve the year-round reliability of
freight transportation; and
(E) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
(2) to improve the safety, security, efficiency, and
resiliency of freight transportation in rural and urban
areas;
(3) to improve the state of good repair of the
National Highway Freight Network;
(4) to use innovation and advanced technology to
improve the safety, efficiency, and reliability of the
National Highway Freight Network;
(5) to improve the efficiency and productivity of the
National Highway Freight Network;
(6) to improve the flexibility of States to support
multi-State corridor planning and the creation of
multi-State organizations to increase the ability of
States to address highway freight connectivity[; and];
[(7) to reduce the environmental impacts of freight
movement on the National Highway Freight Network.]
(7) to reduce the environmental impacts of freight
movement on the National Highway Freight Network,
including--
(A) greenhouse gas emissions;
(B) local air pollution, including local
pollution derived from vehicles idling at
railway crossings;
(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.
(c) Establishment of National Highway Freight Network.--
(1) In general.--The Administrator shall establish a
National Highway Freight Network in accordance with
this section to strategically direct Federal resources
and policies toward improved performance of the
Network.
(2) Network components.--The National Highway Freight
Network shall consist of--
(A) the primary highway freight system, as
designated under subsection (d);
(B) critical rural freight corridors
established under subsection (e);
(C) critical urban freight corridors
established under subsection (f); and
(D) the portions of the Interstate System not
designated as part of the primary highway
freight system.
(d) Designation and Redesignation of the Primary Highway
Freight System.--
(1) Initial designation of primary highway freight
system.--The initial designation of the primary highway
freight system shall be the 41,518-mile network
identified during the designation process for the
primary freight network under section 167(d) of this
title, as in effect on the day before the date of
enactment of the FAST Act.
(2) Redesignation of primary highway freight
system.--
(A) In general.--Beginning 5 years after the
date of enactment of the FAST Act, and every 5
years thereafter, using the designation factors
described in subparagraph (E), the
Administrator shall redesignate the primary
highway freight system.
(B) Redesignation mileage.--Each
redesignation may increase the mileage on the
primary highway freight system by not more than
3 percent of the total mileage of the system.
(C) Use of measurable data.--In redesignating
the primary highway freight system, to the
maximum extent practicable, the Administrator
shall use measurable data to assess the
significance of goods movement, including
consideration of points of origin,
destinations, and linking components of the
United States global and domestic supply
chains.
(D) Input.--In redesignating the primary
highway freight system, the Administrator shall
provide an opportunity for State freight
advisory committees, as applicable, to submit
additional miles for consideration.
(E) Factors for redesignation.--In
redesignating the primary highway freight
system, the Administrator shall consider--
(i) changes in the origins and
destinations of freight movement in,
to, and from the United States;
(ii) changes in the percentage of
annual daily truck traffic in the
annual average daily traffic on
principal arterials;
(iii) changes in the location of key
facilities;
(iv) land and water ports of entry;
(v) access to energy exploration,
development, installation, or
production areas;
(vi) access to other freight
intermodal facilities, including rail,
air, water, and pipelines facilities;
(vii) the total freight tonnage and
value moved via highways;
(viii) significant freight
bottlenecks, as identified by the
Administrator;
(ix) the significance of goods
movement on principal arterials,
including consideration of global and
domestic supply chains;
(x) critical emerging freight
corridors and critical commerce
corridors; and
(xi) network connectivity.
(e) Critical Rural Freight Corridors.--
(1) In general.--A State may designate a public road
within the borders of the State as a critical rural
freight corridor if the public road is not in an
urbanized area and--
(A) is a rural principal arterial roadway and
has a minimum of 25 percent of the annual
average daily traffic of the road measured in
passenger vehicle equivalent units from trucks
(Federal Highway Administration vehicle class 8
to 13);
(B) provides access to energy exploration,
development, installation, or production areas;
(C) connects the primary highway freight
system, a roadway described in subparagraph (A)
or (B), or the Interstate System to facilities
that handle more than--
(i) 50,000 20-foot equivalent units
per year; or
(ii) 500,000 tons per year of bulk
commodities;
(D) provides access to--
(i) a grain elevator;
(ii) an agricultural facility;
(iii) a mining facility;
(iv) a forestry facility; or
(v) an intermodal facility;
(E) connects to an international port of
entry;
(F) provides access to significant air, rail,
water, or other freight facilities in the
State; or
(G) is, in the determination of the State,
vital to improving the efficient movement of
freight of importance to the economy of the
State.
(2) Limitation.--A State may designate as critical
rural freight corridors a maximum of [150 miles] 300
miles of highway or 20 percent of the primary highway
freight system mileage in the State, whichever is
greater.
(f) Critical Urban Freight Corridors.--
(1) Urbanized area with population of 500,000 or
more.--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 public road within the
borders of that area of the State as a critical urban
freight corridor.
(2) Urbanized area with a population 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 public road
within the borders of that area of the State as a
critical urban freight corridor.
(3) Requirements for designation.--A designation may
be made under paragraph (1) or (2) if the public road--
(A) is in an urbanized area, regardless of
population; and
(B)(i) connects an intermodal facility to--
(I) the primary highway freight
system;
(II) the Interstate System; or
(III) an intermodal freight facility;
(ii) is located within a corridor of a route
on the primary highway freight system and
provides an alternative highway option
important to goods movement;
(iii) serves a major freight generator,
logistic center, or manufacturing and warehouse
industrial land; or
(iv) is important to the movement of freight
within the region, as determined by the
metropolitan planning organization or the
State.
(4) Limitation.--For each State, a maximum of [75
miles] 150 miles of highway or 10 percent of the
primary highway freight system mileage in the State,
whichever is greater, may be designated as a critical
urban freight corridor under paragraphs (1) and (2).
(g) Designation and Certification.--
(1) Designation.--States and metropolitan planning
organizations may designate corridors under subsections
(e) and (f) and submit the designated corridors to the
Administrator on a rolling basis.
(2) Certification.--Each State or metropolitan
planning organization that designates a corridor under
subsection (e) or (f) shall certify to the
Administrator that the designated corridor meets the
requirements of the applicable subsection.
(h) Highway Freight Transportation Conditions and Performance
Reports.--[Not later than 2 years after the date of enactment
of the FAST Act, and biennially thereafter, the Administrator
shall prepare] As part of the report required under section
503(b)(8), the Administrator shall biennially prepare and
submit to Congress a report that describes the conditions and
performance of the National Highway Freight Network in the
United States.
(i) Use of Apportioned Funds.--
(1) In general.--A State shall obligate funds
apportioned to the State under section 104(b)(5) to
improve the movement of freight on the National Highway
Freight Network.
[(2) Formula.--The Administrator shall calculate for
each State the proportion that--
[(A) the total mileage in the State
designated as part of the primary highway
freight system; bears to
[(B) the total mileage of the primary highway
freight system in all States.
[(3) Use of funds.--
[(A) States with high primary highway freight
system mileage.--If the proportion of a State
under paragraph (2) is greater than or equal to
2 percent, the State may obligate funds
apportioned to the State under section
104(b)(5) for projects on--
[(i) the primary highway freight
system;
[(ii) critical rural freight
corridors; and
[(iii) critical urban freight
corridors.
[(B) States with low primary highway freight
system mileage.--If the proportion of a State
under paragraph (2) is less than 2 percent, the
State may obligate funds apportioned to the
State under section 104(b)(5) for projects on
any component of the National Highway Freight
Network.
[(4) Freight planning.--Notwithstanding any other
provision of law, effective beginning 2 years after the
date of enactment of the FAST Act, a State may not
obligate funds apportioned to the State under section
104(b)(5) unless the State has developed a freight plan
in accordance with section 70202 of title 49, except
that the multimodal component of the plan may be
incomplete before an obligation may be made under this
section.]
(2) 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.
[(5)] (3) Eligibility.--
(A) In general.--Except as provided in this
subsection, for a project to be eligible for
funding under this section the project shall--
(i) contribute to the efficient
movement of freight on the National
Highway Freight Network; and
(ii) be identified in a freight
investment plan included in a freight
plan of the State that is in effect.
[(B) Other projects.--For each fiscal year, a
State may obligate not more than 10 percent of
the total apportionment of the State under
section 104(b)(5) for freight intermodal or
freight rail projects, including projects--
[(i) within the boundaries of public
or private freight rail or water
facilities (including ports); and
[(ii) that provide surface
transportation infrastructure necessary
to facilitate direct intermodal
interchange, transfer, and access into
or out of the facility.]
(B) Limitation.--The Federal share of a
project described in subparagraph (C)(xxiii)
shall fund only elements of such project that
provide public benefits.
(C) Eligible projects.--Funds apportioned to
the State under section 104(b)(5) for the
national highway freight program may be
obligated to carry out 1 or more of the
following:
(i) Development phase activities,
including planning, feasibility
analysis, revenue forecasting,
environmental review, preliminary
engineering and design work, and other
preconstruction activities.
(ii) Construction, reconstruction,
rehabilitation, acquisition of real
property (including land relating to
the project and improvements to land),
construction contingencies, acquisition
of equipment, and operational
improvements directly relating to
improving system performance.
(iii) Intelligent transportation
systems and other technology to improve
the flow of freight, including
intelligent freight transportation
systems and freight management and
operations systems.
(iv) Efforts to reduce the
environmental impacts of freight
movement.
(v) Environmental and community
mitigation for freight movement.
(vi) Railway-highway grade
separation.
(vii) Geometric improvements to
interchanges and ramps.
(viii) Truck-only lanes.
(ix) Climbing and runaway truck
lanes.
(x) Adding or widening of shoulders.
(xi) Truck parking facilities
eligible for funding under section 1401
of MAP-21 (23 U.S.C. 137 note).
(xii) Real-time traffic, truck
parking, roadway condition, and
multimodal transportation information
systems.
(xiii) Electronic screening and
credentialing systems for vehicles,
including weigh-in-motion truck
inspection technologies.
(xiv) Traffic signal optimization,
including synchronized and adaptive
signals.
(xv) Work zone management and
information systems.
(xvi) Highway ramp metering.
(xvii) Electronic cargo and border
security technologies that improve
truck freight movement.
(xviii) Intelligent transportation
systems that would increase truck
freight efficiencies inside the
boundaries of intermodal facilities.
(xix) Additional road capacity to
address highway freight bottlenecks.
(xx) Physical separation of passenger
vehicles from commercial motor freight.
(xxi) Enhancement of the resiliency
of critical highway infrastructure,
including highway infrastructure that
supports national energy security, to
improve the flow of freight.
(xxii) A highway or bridge project,
other than a project described in
clauses (i) through (xxi), to improve
the flow of freight on the National
Highway Freight Network.
[(xxiii) Any other surface
transportation project to improve the
flow of freight into and out of a
facility described in subparagraph
(B).]
(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).
[(6)] (4) Other eligible costs.--In addition to the
eligible projects identified in [paragraph (5)]
paragraph (3), a State may use funds apportioned under
section 104(b)(5) for--
(A) carrying out diesel retrofit or
alternative fuel projects under section 149 for
class 8 vehicles; and
(B) the necessary costs of--
(i) conducting analyses and data
collection related to the national
highway freight program;
(ii) developing and updating
performance targets to carry out this
section; and
(iii) reporting to the Administrator
to comply with the freight performance
target under section 150.
[(7)] (5) Applicability of planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with the requirements
of sections 134 and 135.
(j) State Performance Targets.--If the Administrator
determines that a State has not met or made significant
progress toward meeting the performance targets related to
freight movement of the State established under section 150(d)
by the date that is 2 years after the date of the establishment
of the performance targets, the State shall include in the next
report submitted under section 150(e) a description of the
actions the State will undertake to achieve the targets,
including--
(1) an identification of significant freight system
trends, needs, and issues within the State;
(2) a description of the freight policies and
strategies that will guide the freight-related
transportation investments of the State;
(3) an inventory of freight bottlenecks within the
State and a description of the ways in which the State
is allocating national highway freight program funds to
improve those bottlenecks; and
(4) a description of the actions the State will
undertake to meet the performance targets of the State.
(k) Intelligent Freight Transportation System.--
(1) Definition of intelligent freight transportation
system.--In this section, the term ``intelligent
freight transportation system'' means--
(A) innovative or intelligent technological
transportation systems, infrastructure, or
facilities, including elevated freight
transportation facilities--
(i) in proximity to, or within, an
existing right of way on a Federal-aid
highway; or
(ii) that connect land [ports-of
entry] ports-of-entry to existing
Federal-aid highways; or
(B) communications or information processing
systems that improve the efficiency, security,
or safety of freight movements on the Federal-
aid highway system, including to improve the
conveyance of freight on dedicated intelligent
freight lanes.
(2) Operating standards.--The Administrator shall
determine whether there is a need for establishing
operating standards for intelligent freight
transportation systems.
[(l) Treatment of Freight Projects.--Notwithstanding any
other provision of law, a freight project carried out under
this section shall be treated as if the project were on a
Federal-aid highway.]
* * * * * * *
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(d); and
(3) is--
(A) eligible for assistance under this title
or under chapter 53 of title 49 or is a capital
project for vehicles and facilities (whether
publicly or privately owned) that are used to
provide intercity passenger service by bus; or
(B) 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.--A State may use not more than 10
percent of the funds provided under section 104(b)(9) for the
operating expenses of public transportation and passenger rail
transportation projects.
(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)(A), 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)(A), 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)(A); 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.
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, or a county or multi-county special
district.
(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) An Indian Tribe or Tribal organization.
(7) A territory.
(8) A multijurisdictional group of entities described
in paragraphs (1) through (7).
(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 is a capital
project for vehicles and facilities, whether publicly
or privately owned, that are used to provide intercity
passenger service by bus; 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 residents of low-
income communities, including areas of persistent
poverty, while not displacing such residents;
(7) a project uses pavement materials that
demonstrate reductions in greenhouse gas emissions
through sequestration or innovative manufacturing
processes;
(8) a project repurposes neglected or underused
infrastructure, including abandoned highways, bridges,
railways, trail ways, and adjacent underused spaces,
into new hybrid forms of public space that support
multiple modes of transportation; and
(9) a project includes regional multimodal
transportation system management and operations
elements that will improve the effectiveness of such
project and encourage reduction of single occupancy
trips by providing the ability of users to plan, use,
and pay for multimodal transportation alternatives.
(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 America
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.
(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) Public Comment.--Prior to issuing the notice of funding
opportunity for funding under this section for fiscal year
2023, the Secretary, in consultation with the Administrator of
the Environmental Protection Agency, shall solicit public
comment on the method of determining the significant reduction
in greenhouse gas emissions required under subsection (e).
(m) Consultation.--Prior to making an award under this
section in a given fiscal year, the Secretary shall consult
with the Administrator of the Environmental Protection Agency
to determine which projects are expected to yield a significant
reduction in greenhouse gas emissions as required under
subsection (e).
(n) Rural Set-aside.--
(1) In general.--The Secretary shall set aside not
less than 10 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 or
territory that are outside of an urbanized area with a
population greater than 74,999 individuals, as
determined by the Bureau of the Census.
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 and Community Setasides.--
(1) In general.--The Secretary shall reserve--
(A) not less than 25 percent of the amounts
made available to carry out this section for
projects located in rural areas; and
(B) not less than 25 percent of the amounts
made available to carry out this section for
projects located in areas with a population
greater than 74,999 individuals and fewer than
200,001 individuals.
(2) Definition of rural area.--In this subsection,
the term ``rural area'' means all areas of a State or
territory that are outside of an urbanized area with a
population greater than 74,999 individuals, as
determined by the Bureau of the Census.
(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) for each application submitted, compare the total
benefits of the proposed project, as determined by the
rating system developed under paragraph (2), with the
costs of such project, 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 described in 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
described in 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 in each fiscal year 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 America
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.
(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) an Indian Tribe or Tribal organization;
(E) a multijurisdictional group of entities
described in this paragraph;
(F) a special purpose district with a
transportation function or a port authority;
(G) a territory; or
(H) a State that applies for a grant under
this section jointly with an entity described
in subparagraphs (A) through (G).
(2) Eligible project.--The term ``eligible project''
means any project eligible under this title or chapter
53 of title 49.
* * * * * * *
CHAPTER 2--OTHER HIGHWAYS
Sec.
201. Federal lands and tribal transportation programs.
* * * * * * *
208. Federal lands and Tribal major projects program.
* * * * * * *
211. Safe routes to school program.
212. Use of youth service and conservation corps.
* * * * * * *
Sec. 201. Federal lands and tribal transportation programs
(a) Purpose.-- Recognizing the need for all public Federal
and tribal transportation facilities to be treated under
uniform policies similar to the policies that apply to Federal-
aid highways and other public transportation facilities, the
Secretary of Transportation, in collaboration with the
Secretaries of the appropriate Federal land management
agencies, shall coordinate a uniform policy for all public
Federal and tribal transportation facilities that shall apply
to Federal lands transportation facilities, tribal
transportation facilities, and Federal lands access
transportation facilities.
(b) Availability of Funds.--
(1) Availability.-- Funds authorized for the tribal
transportation program, the Federal lands
transportation program, and the Federal lands access
program shall be available for contract upon
apportionment, or on October 1 of the fiscal year for
which the funds were authorized if no apportionment is
required.
(2) Amount remaining.-- Any amount remaining
unexpended for a period of 3 years after the close of
the fiscal year for which the funds were authorized
shall lapse.
(3) Obligations.-- The Secretary of the department
responsible for the administration of funds under this
subsection may incur obligations, approve projects, and
enter into contracts under such authorizations, which
shall be considered to be contractual obligations of
the United States for the payment of the cost thereof,
the funds of which shall be considered to have been
expended when obligated.
(4) Expenditure.--
(A) In general.-- Any funds authorized for
any fiscal year after the date of enactment of
this section under the Federal lands
transportation program, the Federal lands
access program, and the tribal transportation
program shall be considered to have been
expended if a sum equal to the total of the
sums authorized for the fiscal year and
previous fiscal years have been obligated.
(B) Credited funds.-- Any funds described in
subparagraph (A) that are released by payment
of final voucher or modification of project
authorizations shall be--
(i) credited to the balance of
unobligated authorizations; and
(ii) immediately available for
expenditure.
(5) Applicability.-- This section shall not apply to
funds authorized before the date of enactment of this
paragraph.
(6) Contractual obligation.--
(A) In general.-- Notwithstanding any other
provision of law (including regulations), the
authorization by the Secretary, or the
Secretary of the appropriate Federal land
management agency if the agency is the
contracting office, of engineering and related
work for the development, design, and
acquisition associated with a construction
project, whether performed by contract or
agreement authorized by law, or the approval by
the Secretary of plans, specifications, and
estimates for construction of a project, shall
be considered to constitute a contractual
obligation of the Federal Government to pay the
total eligible cost of--
(i) any project funded under this
title; and
(ii) any project funded pursuant to
agreements authorized by this title or
any other title.
(B) Effect.-- Nothing in this paragraph--
(i) affects the application of the
Federal share associated with the
project being undertaken under this
section; or
(ii) modifies the point of obligation
associated with Federal salaries and
expenses.
(7) Federal share.--
(A) Tribal and federal lands transportation
program.-- The Federal share of the cost of a
project carried out under the Federal lands
transportation program or the tribal
transportation program shall be 100 percent.
(B) Federal lands access program.-- The
Federal share of the cost of a project carried
out under the Federal lands access program
shall be determined in accordance with section
120.
(c) Transportation Planning.--
(1) Transportation planning procedures.-- In
consultation with the Secretary of each appropriate
Federal land management agency, the Secretary shall
implement transportation planning procedures for
Federal lands and tribal transportation facilities that
are consistent with the planning processes required
under sections 134 and 135.
(2) Approval of transportation improvement program.--
The transportation improvement program developed as a
part of the transportation planning process under this
section shall be approved by the Secretary.
(3) Inclusion in other plans.-- Each regionally
significant tribal transportation program, Federal
lands transportation program, and Federal lands access
program project shall be--
(A) developed in cooperation with State and
metropolitan planning organizations; and
(B) included in appropriate tribal
transportation program plans, Federal lands
transportation program plans, Federal lands
access program plans, State and metropolitan
plans, and transportation improvement programs.
(4) Inclusion in state programs.-- The approved
tribal transportation program, Federal lands
transportation program, and Federal lands access
program transportation improvement programs shall be
included in appropriate State and metropolitan planning
organization plans and programs without further action
on the transportation improvement program.
(5) Asset management.-- The Secretary and the
Secretary of each appropriate Federal land management
agency shall, to the extent appropriate, implement
safety, bridge, pavement, and congestion management
systems for facilities funded under the tribal
transportation program and the Federal lands
transportation program in support of asset management.
(6) Data collection.--
(A) Data collection.--
(i) In general.-- The Secretaries of
the appropriate Federal land management
agencies shall collect and report data
necessary to implement the Federal
lands transportation program, the
Federal lands access program, and the
tribal transportation program.
(ii) Requirement.-- Data collected to
implement the tribal transportation
program shall be in accordance with the
Indian Self-Determination and Education
Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.).
(iii) Inclusions.-- Data collected
under this paragraph includes--
(I) inventory and condition
information on Federal lands
transportation facilities and
tribal transportation
facilities; and
(II) bridge inspection and
inventory information on any
Federal bridge open to the
public.
(B) Standards.-- The Secretary, in
coordination with the Secretaries of the
appropriate Federal land management agencies,
shall define the collection and reporting data
standards.
(C) Tribal data collection.-- In addition to
the data to be collected under subparagraph
(A), not later than 90 days after the last day
of each fiscal year, any entity carrying out a
project under the tribal transportation program
under section 202 shall submit to the Secretary
and the Secretary of the Interior, based on
obligations and expenditures under the tribal
transportation program during the preceding
fiscal year, the following data:
(i) The names of projects and
activities carried out by the entity
under the tribal transportation program
during the preceding fiscal year.
(ii) A description of the projects
and activities identified under clause
(i).
(iii) The current status of the
projects and activities identified
under clause (i).
(iv) An estimate of the number of
jobs created and the number of jobs
retained by the projects and activities
identified under clause (i).
(7) Cooperative research and technology deployment.--
The Secretary may conduct cooperative research and
technology deployment in coordination with Federal land
management agencies, as determined appropriate by the
Secretary.
(8) Funding.--
(A) In general.-- To carry out the activities
described in this subsection for Federal lands
transportation facilities, Federal lands access
transportation facilities, and other federally
owned roads open to public travel (as that term
is defined in [section 125(e)] section 125(j)),
the Secretary shall for each fiscal year
combine and use not greater than 5 percent of
the funds authorized for programs under
sections 203 and 204.
(B) Other activities.-- In addition to the
activities described in subparagraph (A), funds
described under that subparagraph may be used
for--
(i) bridge inspections on any
federally owned bridge even if that
bridge is not included on the inventory
described under section 203; and
(ii) transportation planning
activities carried out by Federal land
management agencies eligible for
funding under this chapter.
(d) Reimbursable Agreements.-- In carrying out work under
reimbursable agreements with any State, local, or tribal
government under this title, the Secretary--
(1) may, without regard to any other provision of law
(including regulations), record obligations against
accounts receivable from the entity; and
(2) shall credit amounts received from the entity to
the appropriate account, which shall occur not later
than 90 days after the date of the original request by
the Secretary for payment.
(e) Transfers.--
(1) In general.-- To enable the efficient use of
funds made available for the Federal lands
transportation program and the Federal lands access
program, the funds may be transferred by the Secretary
within and between each program with the concurrence
of, as appropriate--
(A) the Secretary;
(B) the affected Secretaries of the
respective Federal land management agencies;
(C) State departments of transportation; and
(D) local government agencies.
(2) Credit.-- The funds described in paragraph (1)
shall be credited back to the loaning entity with funds
that are currently available for obligation at the time
of the credit.
(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.
Sec. 202. Tribal transportation program
(a) Use of Funds.--
(1) In general.-- Funds made available under the
tribal transportation program shall be used by the
Secretary of Transportation and the Secretary of the
Interior to pay the costs of--
(A)(i) transportation planning, research,
maintenance, engineering, rehabilitation,
restoration, construction, and reconstruction
of tribal transportation facilities;
(ii) adjacent vehicular parking areas;
(iii) interpretive signage;
(iv) acquisition of necessary scenic
easements and scenic or historic sites;
(v) provisions for pedestrians and bicycles;
(vi) environmental mitigation in or adjacent
to tribal land--
(I) to improve public safety and
reduce vehicle-caused wildlife
mortality while maintaining habitat
connectivity; and
(II) to mitigate the damage to
wildlife, aquatic organism passage,
habitat, and ecosystem connectivity,
including the costs of constructing,
maintaining, replacing, or removing
culverts and bridges, as appropriate;
(vii) construction and reconstruction of
roadside rest areas, including sanitary and
water facilities; and
(viii) other appropriate public road
facilities as determined by the Secretary;
(B) operation and maintenance of transit
programs and facilities that are located on, or
provide access to, tribal land, or are
administered by a tribal government; and
(C) any transportation project eligible for
assistance under this title that is located
within, or that provides access to, tribal
land, or is associated with a tribal
government.
(2) Contract.-- In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the Interior may enter into a contract or
other appropriate agreement with respect to the
activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(3) Indian labor.-- Indian labor may be employed, in
accordance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to carry
out any construction or other activity described in
paragraph (1).
(4) Federal employment.-- No maximum limitation on
Federal employment shall be applicable to the
construction or improvement of tribal transportation
facilities.
(5) Funds for construction and improvement.-- All
funds made available for the construction and
improvement of tribal transportation facilities shall
be administered in conformity with regulations and
agreements jointly approved by the Secretary and the
Secretary of the Interior.
(6) Administrative expenses.-- Of the funds
authorized to be appropriated for the tribal
transportation program, not more than 5 percent may be
used by the Secretary or the Secretary of the Interior
for program management and oversight and project-
related administrative expenses.
(7) Tribal technical assistance centers.-- The
Secretary of the Interior may reserve amounts from
administrative funds of the Bureau of Indian Affairs
that are associated with the tribal transportation
program to fund tribal technical assistance centers
under section 504(b).
(8) Maintenance.--
(A) Use of funds.-- Notwithstanding any other
provision of this title, of the amount of funds
allocated to an Indian tribe from the tribal
transportation program, for the purpose of
maintenance (excluding road sealing, which
shall not be subject to any limitation), the
Secretary shall not use an amount more than the
greater of--
(i) an amount equal to 25 percent; or
(ii) $500,000.
(B) Responsibility of bureau of indian
affairs and secretary of the interior.--
(i) Bureau of indian affairs.-- The
Bureau of Indian Affairs shall retain
primary responsibility, including
annual funding request responsibility,
for Bureau of Indian Affairs road
maintenance programs on Indian
reservations.
(ii) Secretary of the interior.-- The
Secretary of the Interior shall ensure
that funding made available under this
subsection for maintenance of tribal
transportation facilities for each
fiscal year is supplementary to, and
not in lieu of, any obligation of funds
by the Bureau of Indian Affairs for
road maintenance programs on Indian
reservations.
(C) Tribal-state road maintenance
agreements.--
(i) In general.-- An Indian tribe and
a State may enter into a road
maintenance agreement under which an
Indian tribe shall assume the
responsibility of the State for--
(I) tribal transportation
facilities; and
(II) roads providing access
to tribal transportation
facilities.
(ii) Requirements.-- Agreements
entered into under clause (i) shall--
(I) be negotiated between the
State and the Indian tribe; and
(II) not require the approval
of the Secretary.
(9) Cooperation.--
(A) In general.-- The cooperation of States,
counties, or other local subdivisions may be
accepted in construction and improvement.
(B) Funds received.-- Any funds received from
a State, county, or local subdivision shall be
credited to appropriations available for the
tribal transportation program.
(10) Competitive bidding.--
(A) Construction.--
(i) In general.-- Subject to clause
(ii) and subparagraph (B), construction
of each project shall be performed by
contract awarded by competitive
bidding.
(ii) Exception.-- Clause (i) shall
not apply if the Secretary or the
Secretary of the Interior affirmatively
finds that, under the circumstances
relating to the project, a different
method is in the public interest.
(B) Applicability.-- Notwithstanding
subparagraph (A), section 23 of the Act of June
25, 1910 (25 U.S.C. 47) and section 7(b) of the
Indian Self-Determination and Education
Assistance Act [(25 U.S.C. 450e(b))] (25 U.S.C.
5307(b)) shall apply to all funds administered
by the Secretary of the Interior that are
appropriated for the construction and
improvement of tribal transportation
facilities.
(b) Funds Distribution.--
(1) National tribal transportation facility
inventory.--
(A) In general.-- The Secretary of the
Interior, in cooperation with the Secretary,
shall maintain a comprehensive national
inventory of tribal transportation facilities
that are eligible for assistance under the
tribal transportation program.
(B) Transportation facilities included in the
inventory.-- For purposes of identifying the
tribal transportation system and determining
the relative transportation needs among Indian
tribes, the Secretary shall include, at a
minimum, transportation facilities that are
eligible for assistance under the tribal
transportation program that an Indian tribe has
requested, including facilities that--
(i) were included in the Bureau of
Indian Affairs system inventory prior
to October 1, 2004;
(ii) are owned by an Indian tribal
government;
(iii) are owned by the Bureau of
Indian Affairs;
(iv) were constructed or
reconstructed with funds from the
Highway Trust Fund under the Indian
reservation roads program since 1983;
(v) are public roads or bridges
within the exterior boundary of Indian
reservations, Alaska Native villages,
and other recognized Indian communities
(including communities in former Indian
reservations in the State of Oklahoma)
in which the majority of residents are
American Indians or Alaska Natives;
(vi) are public roads within or
providing access to an Indian
reservation or Indian trust land or
restricted Indian land that is not
subject to fee title alienation without
the approval of the Federal Government,
or Indian or Alaska Native villages,
groups, or communities in which Indians
and Alaska Natives reside, whom the
Secretary of the Interior has
determined are eligible for services
generally available to Indians under
Federal laws specifically applicable to
Indians; or
(vii) are primary access routes
proposed by tribal governments,
including roads between villages, roads
to landfills, roads to drinking water
sources, roads to natural resources
identified for economic development,
and roads that provide access to
intermodal terminals, such as airports,
harbors, or boat landings.
(C) Limitation on primary access routes.--
For purposes of this paragraph, a proposed
primary access route is the shortest
practicable route connecting 2 points of the
proposed route.
(D) Additional facilities.-- Nothing in this
paragraph precludes the Secretary from
including additional transportation facilities
that are eligible for funding under the tribal
transportation program in the inventory used
for the national funding allocation if such
additional facilities are included in the
inventory in a uniform and consistent manner
nationally.
(E) Bridges.-- All bridges in the inventory
shall be recorded in the national bridge
inventory administered by the Secretary under
section 144.
(2) Regulations.-- Notwithstanding sections 563(a)
and 565(a) of title 5, the Secretary of the Interior
shall maintain any regulations governing the tribal
transportation program.
(3) Basis for funding formula.--
(A) Basis.--
(i) In general.-- After making the
set asides authorized under
subparagraph (C) and subsections
(a)(6), (c), (d), and (e) on October 1
of each fiscal year, the Secretary
shall distribute the remainder
authorized to be appropriated for the
tribal transportation program under
this section among Indian tribes as
follows:
(I) For fiscal year 2013--
(aa) for each Indian
tribe, 80 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(II) For fiscal year 2014--
(aa) for each Indian
tribe, 60 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(III) For fiscal year 2015--
(aa) for each Indian
tribe, 40 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(IV) For fiscal year 2016 and
thereafter--
(aa) for each Indian
tribe, 20 percent of
the total relative need
distribution factor and
population adjustment
factor for the fiscal
year 2011 funding
amount made available
to that Indian tribe;
and
(bb) the remainder
using tribal shares as
described in
subparagraphs (B) and
(C).
(ii) Tribal high priority projects.--
The High Priority Projects program as
included in the Tribal Transportation
Allocation Methodology of part 170 of
title 25, Code of Federal Regulations
(as in effect on the date of enactment
of the MAP-21), shall not continue in
effect.
(B) Tribal shares.-- Tribal shares under this
program shall be determined using the national
tribal transportation facility inventory as
calculated for fiscal year 2012, and the most
recent data on American Indian and Alaska
Native population within each Indian tribe's
American Indian/Alaska Native Reservation or
Statistical Area, as computed under the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), in the following manner:
(i) 27 percent in the ratio that the
total eligible road mileage in each
tribe bears to the total eligible road
mileage of all American Indians and
Alaskan Natives. For the purposes of
this calculation, eligible road mileage
shall be computed based on the
inventory described in paragraph (1),
using only facilities included in the
inventory described in clause (i),
(ii), or (iii) of paragraph (1)(B).
(ii) 39 percent in the ratio that the
total population in each tribe bears to
the total population of all American
Indians and Alaskan Natives.
(iii) 34 percent shall be divided
equally among each Bureau of Indian
Affairs region. Within each region,
such share of funds shall be
distributed to each Indian tribe in the
ratio that the average total relative
need distribution factors and
population adjustment factors from
fiscal years 2005 through 2011 for a
tribe bears to the average total of
relative need distribution factors and
population adjustment factors for
fiscal years 2005 through 2011 in that
region.
(C) Tribal supplemental funding.--
(i) Tribal supplemental funding
amount.-- Of funds made available for
each fiscal year for the tribal
transportation program, the Secretary
shall set aside the following amount
for a tribal supplemental program:
(I) If the amount made
available for the tribal
transportation program is less
than or equal to $275,000,000,
30 percent of such amount.
(II) If the amount made
available for the tribal
transportation program exceeds
$275,000,000--
(aa) $82,500,000;
plus
(bb) 12.5 percent of
the amount made
available for the
tribal transportation
program in excess of
$275,000,000.
(ii) Tribal supplemental
allocation.-- The Secretary shall
distribute tribal supplemental funds as
follows:
(I) Distribution among
regions.-- Of the amounts set
aside under clause (i), the
Secretary shall distribute to
each region of the Bureau of
Indian Affairs a share of
tribal supplemental funds in
proportion to the regional
total of tribal shares based on
the cumulative tribal shares of
all Indian tribes within such
region under subparagraph (B).
(II) Distribution within a
region.-- Of the amount that a
region receives under subclause
(I), the Secretary shall
distribute tribal supplemental
funding among Indian tribes
within such region as follows:
(aa) Tribal
supplemental amounts.--
The Secretary shall
determine--
(AA) which
such Indian
tribes would be
entitled under
subparagraph
(A) to receive
in a fiscal
year less
funding than
they would
receive in
fiscal year
2011 pursuant
to the relative
need
distribution
factor and
population
adjustment
factor, as
described in
subpart C of
part 170 of
title 25, Code
of Federal
Regulations (as
in effect on
the date of
enactment of
the MAP-21);
and
(BB) the
combined amount
that such
Indian tribes
would be
entitled to
receive in
fiscal year
2011 pursuant
to such
relative need
distribution
factor and
population
adjustment
factor in
excess of the
amount that
they would be
entitled to
receive in the
fiscal year
under
subparagraph
(B).
(bb) Combined
amount.-- Subject to
subclause (III), the
Secretary shall
distribute to each
Indian tribe that meets
the criteria described
in item (aa)(AA) a
share of funding under
this subparagraph in
proportion to the share
of the combined amount
determined under item
(aa)(BB) attributable
to such Indian tribe.
(III) Ceiling.-- An Indian
tribe may not receive under
subclause (II) and based on its
tribal share under subparagraph
(A) a combined amount that
exceeds the amount that such
Indian tribe would be entitled
to receive in fiscal year 2011
pursuant to the relative need
distribution factor and
population adjustment factor,
as described in subpart C of
part 170 of title 25, Code of
Federal Regulations (as in
effect on the date of enactment
of the MAP-21).
(IV) Other amounts.-- If the
amount made available for a
region under subclause (I)
exceeds the amount distributed
among Indian tribes within that
region under subclause (II),
the Secretary shall distribute
the remainder of such region's
funding under such subclause
among all Indian tribes in that
region in proportion to the
combined amount that each such
Indian tribe received under
subparagraph (A) and subclauses
(I), (II), and (III).
(4) Transferred funds.--
(A) In general.-- Not later than 30 days
after the date on which funds are made
available to the Secretary of the Interior
under this paragraph, the funds shall be
distributed to, and made available for
immediate use by, eligible Indian tribes, in
accordance with the formula for distribution of
funds under the tribal transportation program.
(B) Use of funds.-- Notwithstanding any other
provision of this section, funds made available
to Indian tribes for tribal transportation
facilities shall be expended on projects
identified in a transportation improvement
program approved by the Secretary.
(5) Health and safety assurances.-- Notwithstanding
any other provision of law, an Indian tribal government
may approve plans, specifications, and estimates and
commence road and bridge construction with funds made
available from the tribal transportation program
through a contract or agreement under the Indian Self-
Determination and Education Assistance Act [(25 U.S.C.
450 et seq.)] (25 U.S.C. 5301 et seq.), if the Indian
tribal government--
(A) provides assurances in the contract or
agreement that the construction will meet or
exceed applicable health and safety standards;
(B) obtains the advance review of the plans
and specifications from a State-licensed civil
engineer that has certified that the plans and
specifications meet or exceed the applicable
health and safety standards; and
(C) provides a copy of the certification
under subparagraph (A) to the Deputy Assistant
Secretary for Tribal Government Affairs,
Department of Transportation, or the Assistant
Secretary for Indian Affairs, Department of the
Interior, as appropriate.
(6) Contracts and agreements with indian tribes.--
(A) In general.-- Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available through the Secretary
of the Interior under this chapter and [section
125(e)] section 125(d) for tribal
transportation facilities to pay for the costs
of programs, services, functions, and
activities, or portions of programs, services,
functions, or activities, that are specifically
or functionally related to the cost of
planning, research, engineering, and
construction of any tribal transportation
facility shall be made available, upon request
of the Indian tribal government, to the Indian
tribal government for contracts and agreements
for such planning, research, engineering, and
construction in accordance with the Indian
Self-Determination and Education Assistance Act
[(25 U.S.C. 450 et seq.)] (25 U.S.C. 5301 et
seq.).
(B) Exclusion of agency participation.-- All
funds, including contract support costs, for
programs, functions, services, or activities,
or portions of programs, services, functions,
or activities, including supportive
administrative functions that are otherwise
contractible to which subparagraph (A) applies,
shall be paid in accordance with subparagraph
(A), without regard to the organizational level
at which the Department of the Interior has
previously carried out such programs,
functions, services, or activities.
(7) Contracts and agreements with indian tribes.--
(A) In general.-- Notwithstanding any other
provision of law or any interagency agreement,
program guideline, manual, or policy directive,
all funds made available to an Indian tribal
government under this chapter for a tribal
transportation facility program or project
shall be made available, on the request of the
Indian tribal government, to the Indian tribal
government for use in carrying out, in
accordance with the Indian Self-Determination
and Education Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.), contracts and
agreements for the planning, research, design,
engineering, construction, and maintenance
relating to the program or project.
(B) Exclusion of agency participation.-- In
accordance with subparagraph (A), all funds,
including contract support costs, for a program
or project to which subparagraph (A) applies
shall be paid to the Indian tribal government
without regard to the organizational level at
which the Department of the Interior has
previously carried out, or the Department of
Transportation has previously carried out under
the tribal transportation program, the
programs, functions, services, or activities
involved.
(C) Consortia.-- Two or more Indian tribes
that are otherwise eligible to participate in a
program or project to which this chapter
applies may form a consortium to be considered
as a single Indian tribe for the purpose of
participating in the project under this
section.
(D) Secretary as signatory.-- Notwithstanding
any other provision of law, the Secretary is
authorized to enter into a funding agreement
with an Indian tribal government to carry out a
tribal transportation facility program or
project under subparagraph (A) that is located
on an Indian reservation or provides access to
the reservation or a community of the Indian
tribe.
(E) Funding.-- The amount an Indian tribal
government receives for a program or project
under subparagraph (A) shall equal the sum of
the funding that the Indian tribal government
would otherwise receive for the program or
project in accordance with the funding formula
established under this subsection and such
additional amounts as the Secretary determines
equal the amounts that would have been withheld
for the costs of the Bureau of Indian Affairs
for administration of the program or project.
(F) Eligibility.--
(i) In general.-- Subject to clause
(ii) and the approval of the Secretary,
funds may be made available under
subparagraph (A) to an Indian tribal
government for a program or project in
a fiscal year only if the Indian tribal
government requesting such funds
demonstrates to the satisfaction of the
Secretary financial stability and
financial management capability during
the 3 fiscal years immediately
preceding the fiscal year for which the
request is being made.
(ii) Considerations.-- An Indian
tribal government that had no
uncorrected significant and material
audit exceptions in the required annual
audit of the contracts or self-
governance funding agreements made by
the Indian tribe with any Federal
agency under the Indian Self-
Determination and Education Assistance
Act [(25 U.S.C. 450 et seq.)] (25
U.S.C. 5301 et seq.) during the 3-
fiscal year period referred in clause
(i) shall be conclusive evidence of the
financial stability and financial
management capability of the Indian
tribe for purposes of clause (i).
(G) Assumption of functions and duties.-- An
Indian tribal government receiving funding
under subparagraph (A) for a program or project
shall assume all functions and duties that the
Secretary of the Interior would have performed
with respect to a program or project under this
chapter, other than those functions and duties
that inherently cannot be legally transferred
under the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.).
(H) Powers.-- An Indian tribal government
receiving funding under subparagraph (A) for a
program or project shall have all powers that
the Secretary of the Interior would have
exercised in administering the funds
transferred to the Indian tribal government for
such program or project under this section if
the funds had not been transferred, except to
the extent that such powers are powers that
inherently cannot be legally transferred under
the Indian Self-Determination and Education
Assistance Act [(25 U.S.C. 450 et seq.)] (25
U.S.C. 5301 et seq.).
(I) Dispute resolution.-- In the event of a
disagreement between the Secretary or the
Secretary of the Interior and an Indian tribe
over whether a particular function, duty, or
power may be lawfully transferred to the Indian
tribe under the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450 et
seq.)] (25 U.S.C. 5301 et seq.), the Indian
tribe shall have the right to pursue all
alternative dispute resolution and appeal
procedures authorized by that Act, including
regulations issued to carry out the Act.
(J) Termination of contract or agreement.--
On the date of the termination of a contract or
agreement under this section by an Indian
tribal government, the Secretary shall transfer
all funds that would have been allocated to the
Indian tribal government under the contract or
agreement to the Secretary of the Interior to
provide continued transportation services in
accordance with applicable law.
(c) Planning.--
(1) In general.-- For each fiscal year, not more than
2 percent of the funds made available for the tribal
transportation program shall be allocated among Indian
tribal governments that apply for transportation
planning pursuant to the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450 et seq.)] (25
U.S.C. 5301 et seq.).
(2) Requirement.-- An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or
metropolitan planning organization, shall carry out a
transportation planning process in accordance with
section 201(c).
(3) Selection and approval of projects.-- A project
funded under this section shall be--
(A) selected by the Indian tribal government
from the transportation improvement program;
and
(B) subject to the approval of the Secretary
of the Interior and the Secretary.
(d) Tribal Transportation Facility Bridges.--
(1) Nationwide priority program.-- The Secretary
shall maintain a nationwide priority program for
[improving deficient] the construction and
reconstruction of bridges eligible for the tribal
transportation program.
(2) Funding.-- Before making any distribution under
subsection (b), the Secretary shall set aside not more
than 3 percent of the funds made available under the
tribal transportation program for each fiscal year to
be allocated--
(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of a project to construct, replace,
rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate, sodium
acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and
deicing composition; or
(B) to implement any countermeasure for
[deficient] tribal transportation facility
bridges in poor condition, including multiple-
pipe culverts.
(3) [Eligible bridges] Eligibility for existing
bridges.-- To be eligible to receive funding under this
subsection, [a bridge] an existing bridge described in
paragraph (1) shall--
(A) have an opening of not less than 20 feet;
(B) be classified as a tribal transportation
facility; and
(C) be [structurally deficient or
functionally obsolete] in poor condition.
(4) Approval requirement.-- The Secretary may make
funds available under this subsection for preliminary
engineering, construction, and construction engineering
activities after approval of required documentation and
verification of eligibility in accordance with this
title.
(e) Safety.--
(1) Funding.-- Before making any distribution under
subsection (b), the Secretary shall set aside not more
than 2 percent of the funds made available under the
tribal transportation program for each fiscal year to
be allocated based on an identification and analysis of
highway safety issues and opportunities on tribal land,
as determined by the Secretary, on application of the
Indian tribal governments [for eligible projects
described in section 148(a)(4).] 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.
(2) Project selection.-- An Indian tribal government,
in cooperation with the Secretary of the Interior and,
as appropriate, with a State, local government, or
metropolitan planning organization, shall select
projects from the transportation improvement program,
subject to the approval of the Secretary and the
Secretary of the Interior.
(f) Tribal High Priority Projects Program.-- 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).
[(f)] (g) Federal-aid Eligible Projects.-- Before approving
as a project on a tribal transportation facility any project
eligible for funds apportioned under section 104 in a State,
the Secretary shall, for projects on tribal transportation
facilities, determine that the obligation of funds for the
project is supplementary to and not in lieu of the obligation
of a fair and equitable share of funds apportioned to the State
under section 104.
Sec. 203. Federal lands transportation program
(a) Use of Funds.--
(1) In general.-- Funds made available under the
Federal lands transportation program shall be used by
the Secretary of Transportation and the Secretary of
the appropriate Federal land management agency to pay
the costs of--
(A) program administration, transportation
planning, research, preventive maintenance,
engineering, rehabilitation, restoration,
construction, and reconstruction of Federal
lands transportation facilities, and--
(i) adjacent vehicular parking areas;
(ii) acquisition of necessary scenic
easements and scenic or historic sites;
(iii) provision for pedestrians and
bicycles;
(iv) environmental mitigation in or
adjacent to Federal land open to the
public--
(I) to improve public safety
and reduce vehicle-caused
wildlife mortality while
maintaining habitat
connectivity; and
(II) to mitigate the damage
to wildlife, aquatic organism
passage, habitat, and ecosystem
connectivity, including the
costs of constructing,
maintaining, replacing, or
removing culverts and bridges,
as appropriate;
(v) construction and reconstruction
of roadside rest areas, including
sanitary and water facilities;
(vi) congestion mitigation; and
(vii) other appropriate public road
facilities, as determined by the
Secretary;
(B) capital, operations, and maintenance of
transit facilities;
(C) any transportation project eligible for
assistance under this title that is on a public
road within or adjacent to, or that provides
access to, Federal lands open to the public;
and
(D) not more $10,000,000 of the amounts made
available per fiscal year to carry out this
section for activities eligible under
subparagraph (A)(iv)(I).
(2) Contract.-- In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to the activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(3) Administration.-- All appropriations for the
construction and improvement of Federal lands
transportation facilities shall be administered in
conformity with regulations and agreements jointly
approved by the Secretary and the Secretary of the
appropriate Federal land managing agency.
(4) Cooperation.--
(A) In general.-- The cooperation of States,
counties, or other local subdivisions may be
accepted in construction and improvement.
(B) Funds received.-- Any funds received from
a State, county, or local subdivision shall be
credited to appropriations available for the
class of Federal lands transportation
facilities to which the funds were contributed.
(5) Competitive bidding.--
(A) In general.-- Subject to subparagraph
(B), construction of each project shall be
performed by contract awarded by competitive
bidding.
(B) Exception.-- Subparagraph (A) shall not
apply if the Secretary or the Secretary of the
appropriate Federal land management agency
affirmatively finds that, under the
circumstances relating to the project, a
different method is in the public interest.
(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
section 204, 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, section 203, or section
204, including the Army Corps of
Engineers, Bureau of Reclamation, and
the Bureau of Land Management.
(ii) High-commuter corridor.-- The
term ``high-commuter corridor'' means a
Federal lands transportation facility
that has an average annual daily
traffic of not less than 20,000
vehicles.
(b) Agency Program Distributions.--
(1) In general.-- On October 1, 2011, and on October
1 of each fiscal year thereafter, the Secretary shall
allocate the sums authorized to be appropriated for the
fiscal year for the Federal lands transportation
program on the basis of applications of need, as
determined by the Secretary--
(A) in consultation with the Secretaries of
the applicable Federal land management
agencies; and
(B) in coordination with the transportation
plans required under section 201 of the
respective transportation systems of--
(i) the National Park Service;
(ii) the Forest Service;
(iii) the United States Fish and
Wildlife Service;
(iv) the Corps of Engineers;
(v) the Bureau of Land Management;
(vi) the Bureau of Reclamation; and
(vii) independent Federal agencies
with natural resource and land
management responsibilities.
(2) Applications.--
(A) Requirements.-- Each application
submitted by a Federal land management agency
shall include proposed programs at various
potential funding levels, as defined by the
Secretary following collaborative discussions
with applicable Federal land management
agencies.
(B) Consideration by secretary.-- In
evaluating an application submitted under
subparagraph (A), the Secretary shall consider
the extent to which the programs support
performance management, including--
(i) the transportation goals of--
(I) a state of good repair of
transportation facilities;
(II) a reduction of bridge
deficiencies; and
(III) an improvement of
safety;
(ii) high-use Federal recreational
sites or Federal economic generators;
and
(iii) the resource and asset
management goals of the Secretary of
the respective Federal land management
agency.
(C) Permissive contents.-- Applications may
include proposed programs the duration of which
extend over a multiple-year period to support
long-term transportation planning and resource
management initiatives.
(c) National Federal Lands Transportation Facility
Inventory.--
(1) In general.-- The Secretaries of the appropriate
Federal land management agencies, in cooperation with
the Secretary, shall maintain a comprehensive national
inventory of public Federal lands transportation
facilities.
(2) Transportation facilities included in the
inventories.-- To identify the Federal lands
transportation system and determine the relative
transportation needs among Federal land management
agencies, the inventories shall include, at a minimum,
facilities that--
(A) provide access to high-use Federal
recreation sites or Federal economic
generators, as determined by the Secretary in
coordination with the respective Secretaries of
the appropriate Federal land management
agencies; and
(B) are owned by 1 of the following agencies:
(i) The National Park Service.
(ii) The Forest Service.
(iii) The United States Fish and
Wildlife Service.
(iv) The Bureau of Land Management.
(v) The Corps of Engineers.
(vi) The Bureau of Reclamation.
(3) Availability.-- The inventories shall be made
available to the Secretary.
(4) Updates.-- The Secretaries of the appropriate
Federal land management agencies shall update the
inventories of the appropriate Federal land management
agencies, as determined by the Secretary after
collaborative discussions with the Secretaries of the
appropriate Federal land management agencies.
(5) Review.-- A decision to add or remove a facility
from the inventory shall not be considered a Federal
action for purposes of review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(d) Bicycle Safety.-- The Secretary of the appropriate
Federal land management agency shall prohibit the use of
bicycles on each federally owned road that has a speed limit of
30 miles per hour or greater and an adjacent paved path for use
by bicycles within 100 yards of the road unless the Secretary
determines that the bicycle level of service on that roadway is
rated B or higher.
Sec. 204. Federal lands access program
(a) Use of Funds.--
(1) In general.-- Funds made available under the
Federal lands access program shall be used by the
Secretary of Transportation and the Secretary of the
appropriate Federal land management agency to pay the
cost of--
(A) transportation planning, research,
engineering, preventive maintenance,
rehabilitation, restoration, context-sensitive
solutions, construction, and reconstruction of
Federal lands access transportation facilities
located on or adjacent to, or that provide
access to, Federal land, and--
(i) adjacent vehicular parking areas,
including interpretive panels in or
adjacent to those areas;
(ii) acquisition of necessary scenic
easements and scenic or historic sites;
(iii) provisions for pedestrians and
bicycles;
(iv) environmental mitigation in or
adjacent to Federal land to improve
public safety and reduce vehicle-caused
wildlife mortality while maintaining
habitat connectivity;
(v) construction and reconstruction
of roadside rest areas, including
sanitary and water facilities; [and]
(vi) contextual wayfinding markers;
(vii) landscaping;
(viii) cooperative mitigation of
visual blight, including screening or
removal; and
[(vi)] (ix) other appropriate public
road facilities, as determined by the
Secretary;
(B) operation and maintenance of transit
facilities; and
(C) any transportation project eligible for
assistance under this title that is within or
adjacent to, or that provides access to,
Federal land.
(2) Contract.-- In connection with an activity
described in paragraph (1), the Secretary and the
Secretary of the appropriate Federal land management
agency may enter into a contract or other appropriate
agreement with respect to the activity with--
(A) a State (including a political
subdivision of a State); or
(B) an Indian tribe.
(3) Administration.-- All appropriations for the
construction and improvement of Federal lands access
transportation facilities shall be administered in
conformity with regulations and agreements approved by
the Secretary.
(4) Cooperation.--
(A) In general.-- The cooperation of States,
counties, or other local subdivisions may be
accepted in construction and improvement.
(B) Funds received.-- Any funds received from
a State, county, or local subdivision for a
Federal lands access transportation facility
project shall be credited to appropriations
available under the Federal lands access
program.
(5) Competitive bidding.--
(A) In general.-- Subject to subparagraph
(B), construction of each project shall be
performed by contract awarded by competitive
bidding.
(B) Exception.-- Subparagraph (A) shall not
apply if the Secretary or the Secretary of the
appropriate Federal land management agency
affirmatively finds that, under the
circumstances relating to the project, a
different method is in the public interest.
(6) Native plant materials.-- In carrying out an
activity described in paragraph (1), the Secretary
shall ensure that the entity carrying out the activity
considers--
(A) the use of locally adapted native plant
materials; and
(B) designs that minimize runoff and heat
generation.
(b) Program Distributions.--
(1) In general.-- Funding made available to carry out
the Federal lands access program shall be allocated
among those States that have Federal land, in
accordance with the following formula:
(A) 80 percent of the available funding for
use in those States that contain at least 1 1/2
percent of the total public land in the United
States managed by the agencies described in
paragraph (2), to be distributed as follows:
(i) 30 percent in the ratio that--
(I) recreational visitation
within each such State; bears
to
(II) the recreational
visitation within all such
States.
(ii) 5 percent in the ratio that--
(I) the Federal land area
within each such State; bears
to
(II) the Federal land area in
all such States.
(iii) 55 percent in the ratio that--
(I) the Federal public road
miles within each such State;
bears to
(II) the Federal public road
miles in all such States.
(iv) 10 percent in the ratio that--
(I) the number of Federal
public bridges within each such
State; bears to
(II) the number of Federal
public bridges in all such
States.
(B) 20 percent of the available funding for
use in those States that do not contain at
least 1 1/2 percent of the total public land in
the United States managed by the agencies
described in paragraph (2), to be distributed
as follows:
(i) 30 percent in the ratio that--
(I) recreational visitation
within each such State; bears
to
(II) the recreational
visitation within all such
States.
(ii) 5 percent in the ratio that--
(I) the Federal land area
within each such State; bears
to
(II) the Federal land area in
all such States.
(iii) 55 percent in the ratio that--
(I) the Federal public road
miles within each such State;
bears to
(II) the Federal public road
miles in all such States.
(iv) 10 percent in the ratio that--
(I) the number of Federal
public bridges within each such
State; bears to
(II) the number of Federal
public bridges in all such
States.
(2) Data source.-- Data necessary to distribute
funding under paragraph (1) shall be provided by the
following Federal land management agencies:
(A) The National Park Service.
(B) The Forest Service.
(C) The United States Fish and Wildlife
Service.
(D) The Bureau of Land Management.
(E) The Corps of Engineers.
(c) Programming Decisions Committee.--
(1) In general.-- Programming decisions shall be made
within each State by a committee comprised of--
(A) a representative of the Federal Highway
Administration;
(B) a representative of the State Department
of Transportation; and
(C) a representative of any appropriate
political subdivision of the State.
(2) Consultation requirement.-- The committee
described in paragraph (1) shall cooperate with each
applicable Federal agency in each State before any
joint discussion or final programming decision.
(3) Project preference.-- In making a programming
decision under paragraph (1), the committee shall give
preference to projects that provide access to, are
adjacent to, or are located within high-use Federal
recreation sites or Federal economic generators, as
identified by the Secretaries of the appropriate
Federal land management agencies.
* * * * * * *
Sec. 206. Recreational trails program
(a) Definitions.-- In this section, the following definitions
apply:
(1) Motorized recreation.-- The term ``motorized
recreation'' means off-road recreation using any motor-
powered vehicle, [except for a motorized wheelchair.]
except for--
(A) a motorized wheelchair; and
(B) in any case in which applicable laws and
regulations permit use, an electric bicycle, as
defined in section 217(j).
(2) Recreational trail.-- The term ``recreational
trail'' means a thoroughfare or track across land or
snow, used for recreational purposes such as--
(A) pedestrian activities, including
wheelchair use;
(B) skating or skateboarding;
(C) equestrian activities, including carriage
driving;
(D) nonmotorized snow trail activities,
including skiing;
(E) bicycling or use of other human-powered
vehicles;
(F) aquatic or water activities; [and]
(G) motorized vehicular activities, including
all-terrain vehicle riding, motorcycling,
snowmobiling, use of off-road light trucks, or
use of other off-road motorized vehicles[.];
and
(H) electric bicycling.
(b) Program.-- In accordance with this section, the
Secretary, in consultation with the Secretary of the Interior
and the Secretary of Agriculture, shall carry out a program to
provide and maintain recreational trails.
(c) State Responsibilities.-- To be eligible for
apportionments under this section--
(1) the Governor of the State shall designate the
State agency or agencies that will be responsible for
administering apportionments made to the State under
this section; and
(2) the State shall establish a State recreational
trail advisory committee that represents both motorized
and nonmotorized recreational trail users, which shall
meet not less often than once per fiscal year.
(d) Use of Apportioned Funds.--
(1) In general.-- Funds apportioned to a State to
carry out this section shall be obligated for
recreational trails and related projects that--
(A) have been planned and developed under the
laws, policies, and administrative procedures
of the State; and
(B) are identified in, or further a specific
goal of, a recreational trail plan, or a
statewide comprehensive outdoor recreation plan
required by chapter 2003 of title 54, that is
in effect.
(2) Permissible uses.-- Permissible uses of funds
apportioned to a State for a fiscal year to carry out
this section include--
(A) maintenance and restoration of existing
recreational trails;
(B) development and rehabilitation of
trailside and trailhead facilities and trail
linkages for recreational trails;
(C) purchase and lease of recreational trail
construction and maintenance equipment;
(D) construction of new recreational trails,
except that, in the case of new recreational
trails crossing Federal lands, construction of
the trails shall be--
(i) permissible under other law;
(ii) necessary and recommended by a
statewide comprehensive outdoor
recreation plan that is required by
chapter 2003 of title 54 and that is in
effect;
(iii) approved by the administering
agency of the State designated under
subsection (c)(1); and
(iv) approved by each Federal agency
having jurisdiction over the affected
lands under such terms and conditions
as the head of the Federal agency
determines to be appropriate, except
that the approval shall be contingent
on compliance by the Federal agency
with all applicable laws, including the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the
Forest and Rangeland Renewable
Resources Planning Act of 1974 (16
U.S.C. 1600 et seq.), and the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
(E) acquisition of easements and fee simple
title to property for recreational trails or
recreational trail corridors;
(F) assessment of trail conditions for
accessibility and maintenance;
(G) development and dissemination of
publications and operation of educational
programs to promote safety and environmental
protection, (as those objectives relate to one
or more of the [use of recreational trails]
uses of recreational trails, supporting non-law
enforcement trail safety and trail use
monitoring patrol programs, and providing
trail-related training), but in an amount not
to exceed 5 percent of the apportionment made
to the State for the fiscal year; and
(H) payment of costs to the State incurred in
administering the program, but in an amount not
to exceed 7 percent of the apportionment made
to the State for the fiscal year.
(3) Use of apportionments.--
(A) In general.-- Except as provided in
subparagraphs (B) and (C), of the
apportionments made to a State for a fiscal
year to carry out this section--
(i) 40 percent shall be used for
recreational trail or related projects
that facilitate diverse recreational
trail use within a recreational trail
corridor, trailside, or trailhead,
regardless of whether the project is
for diverse motorized use, for diverse
nonmotorized use, or to accommodate
both motorized and nonmotorized
recreational trail use;
(ii) 30 percent shall be used for
uses relating to motorized recreation;
and
(iii) 30 percent shall be used for
uses relating to nonmotorized
recreation.
(B) Small state exclusion.-- Any State with a
total land area of less than 3,500,000 acres
shall be exempt from the requirements of
clauses (ii) and (iii) of subparagraph (A).
(C) State administrative costs.-- State
administrative costs eligible for funding under
paragraph (2)(H) shall be exempt from the
requirements of subparagraph (A).
(4) Grants.--
(A) In general.-- A State may use funds
apportioned to the State to carry out this
section to make grants to private
organizations, municipal, county, State, and
Federal Government entities, and other
government entities as approved by the State
after considering guidance from the State
recreational trail advisory committee
established under subsection (c)(2), for uses
consistent with this section.
(B) Compliance.-- A State that makes grants
under subparagraph (A) shall establish measures
to verify that recipients of the grants comply
with the conditions of the program for the use
of grant funds.
(e) Environmental Benefit or Mitigation.-- To the extent
practicable and consistent with the other requirements of this
section, a State should give consideration to project proposals
that provide for the redesign, reconstruction, nonroutine
maintenance, or relocation of recreational trails to benefit
the natural environment or to mitigate and minimize the impact
to the natural environment.
(f) Federal Share.--
(1) In general.-- Subject to the other provisions of
this subsection, the Federal share of the cost of a
project and the Federal share of the administrative
costs of a State under this section shall be determined
in accordance with section 120(b).
(2) Federal agency project sponsor.-- Notwithstanding
any other provision of law, a Federal agency that
sponsors a project under this section may contribute
additional Federal funds toward the cost of a project,
except that--
(A) the share attributable to the Secretary
of Transportation may not exceed the amount
determined in accordance with section 120(b)
for the cost of a project under this section;
and
(B) the share attributable to the Secretary
and the Federal agency sponsoring the project
may not exceed 95 percent of the cost of a
project under this section.
(3) Use of funds from federal programs to provide
non-federal share.-- Notwithstanding any other
provision of law, the non-Federal share of the cost of
the project may include amounts made available by the
Federal Government under any Federal program that are--
(A) expended in accordance with the
requirements of the Federal program relating to
activities funded and populations served; and
(B) expended on a project that is eligible
for assistance under this section.
(4) Use of recreational trails program funds to match
other federal program funds.-- Notwithstanding any
other provision of law, funds made available under this
section may be used toward the non-Federal matching
share for other Federal program funds that are--
(A) expended in accordance with the
requirements of the Federal program relating to
activities funded and populations served; and
(B) expended on a project that is eligible
for assistance under this section.
(5) Programmatic non-federal share.-- A State may
allow adjustments to the non-Federal share of an
individual project for a fiscal year under this section
if the Federal share of the cost of all projects
carried out by the State under the program (excluding
projects funded under paragraph (2) or (3)) using funds
apportioned to the State for the fiscal year does not
exceed the Federal share as determined in accordance
with section 120(b).
(g) Uses Not Permitted.-- A State may not obligate funds
apportioned to carry out this section for--
(1) condemnation of any kind of interest in property;
(2) construction of any recreational trail on
National Forest System land for any motorized use
unless--
(A) the land has been designated for uses
other than wilderness by an approved forest
land and resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
(B) the construction is otherwise consistent
with the management direction in the approved
forest land and resource management plan;
(3) construction of any recreational trail on Bureau
of Land Management land for any motorized use unless
the land--
(A) has been designated for uses other than
wilderness by an approved Bureau of Land
Management resource management plan or has been
released to uses other than wilderness by an
Act of Congress; and
(B) the construction is otherwise consistent
with the management direction in the approved
management plan; or
(4) upgrading, expanding, or otherwise facilitating
motorized use or access to recreational trails
predominantly used by nonmotorized recreational trail
users and on which, as of May 1, 1991, motorized use
was prohibited or had not occurred.
(h) Project Administration.--
(1) Credit for donations of funds, materials,
services, or new right-of-way.--
(A) In general.-- Nothing in this title or
other law shall prevent a project sponsor from
offering to donate funds, materials, services,
or a new right-of-way for the purposes of a
project eligible for assistance under this
section. Any funds, or the fair market value of
any materials, services, or new right-of-way,
may be donated by any project sponsor and shall
be credited to the non-Federal share in
accordance with subsection (f).
(B) Federal project sponsors.-- Any funds or
the fair market value of any materials or
services may be provided by a Federal project
sponsor and shall be credited to the Federal
agency's share in accordance with subsection
(f).
(C) Planning and environmental assessment
costs incurred prior to project approval.-- The
Secretary may allow preapproval planning and
environmental compliance costs to be credited
toward the non-Federal share of the cost of a
project described in subsection (d)(2) (other
than subparagraph (H)) in accordance with
subsection (f), limited to costs incurred less
than 18 months prior to project approval.
(2) Recreational purpose.-- A project funded under
this section is intended to enhance recreational
opportunity and is not subject to section 138 of this
title or section 303 of title 49.
(3) Continuing recreational use.-- At the option of
each State, funds apportioned to the State to carry out
this section may be treated as Land and Water
Conservation Fund apportionments for the purposes of
section 200305(f)(3) of title 54.
(4) Cooperation by private persons.--
(A) Written assurances.-- As a condition of
making available apportionments for work on
recreational trails that would affect privately
owned land, a State shall obtain written
assurances that the owner of the land will
cooperate with the State and participate as
necessary in the activities to be conducted.
(B) Public access.-- Any use of the
apportionments to a State to carry out this
section on privately owned land must be
accompanied by an easement or other legally
binding agreement that ensures public access to
the recreational trail improvements funded by
the apportionments.
(i) Contract Authority.-- Funds authorized to carry out this
section shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1, except that the
Federal share of the cost of a project under this section shall
be determined in accordance with this section.
(j) Special Rule.-- Section 113 shall not apply to projects
under this section.
(k) 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. 207. Tribal transportation self-governance program
(a) Establishment.-- Subject to the requirements of this
section, the Secretary shall establish and carry out a program
to be known as the tribal transportation self-governance
program. The Secretary may delegate responsibilities for
administration of the program as the Secretary determines
appropriate.
(b) Eligibility.--
(1) In general.-- Subject to paragraphs (2) and (3),
an Indian tribe shall be eligible to participate in the
program if the Indian tribe requests participation in
the program by resolution or other official action by
the governing body of the Indian tribe, and
demonstrates, for the preceding 3 fiscal years,
financial stability and financial management
capability, and transportation program management
capability.
(2) Criteria for determining financial stability and
financial management capacity.-- For the purposes of
paragraph (1), evidence that, during the preceding 3
fiscal years, an Indian tribe had no uncorrected
significant and material audit exceptions in the
required annual audit of the Indian tribe's self-
determination contracts or self-governance funding
agreements with any Federal agency shall be conclusive
evidence of the required financial stability and
financial management capability.
(3) Criteria for determining transportation program
management capability.-- The Secretary shall require an
Indian tribe to demonstrate transportation program
management capability, including the capability to
manage and complete projects eligible under this title
and projects eligible under chapter 53 of title 49, to
gain eligibility for the program.
(c) Compacts.--
(1) Compact required.-- Upon the request of an
eligible Indian tribe, and subject to the requirements
of this section, the Secretary shall negotiate and
enter into a written compact with the Indian tribe for
the purpose of providing for the participation of the
Indian tribe in the program.
(2) Contents.-- A compact entered into under
paragraph (1) shall set forth the general terms of the
government-to-government relationship between the
Indian tribe and the United States under the program
and other terms that will continue to apply in future
fiscal years.
(3) Amendments.-- A compact entered into with an
Indian tribe under paragraph (1) may be amended only by
mutual agreement of the Indian tribe and the Secretary.
(d) Annual Funding Agreements.--
(1) Funding agreement required.-- After entering into
a compact with an Indian tribe under subsection (c),
the Secretary shall negotiate and enter into a written
annual funding agreement with the Indian tribe.
(2) Contents.--
(A) In general.--
(i) Formula funding and discretionary
grants.-- A funding agreement entered
into with an Indian tribe shall
authorize the Indian tribe, as
determined by the Indian tribe, to
plan, conduct, consolidate, administer,
and receive full tribal share funding,
tribal transit formula funding, and
funding to tribes from discretionary
and competitive grants administered by
the Department for all programs,
services, functions, and activities (or
portions thereof) that are made
available to Indian tribes to carry out
tribal transportation programs and
programs, services, functions, and
activities (or portions thereof)
administered by the Secretary that are
otherwise available to Indian tribes.
(ii) Transfers of state funds.--
(I) Inclusion of transferred
funds in funding agreement.-- A
funding agreement entered into
with an Indian tribe shall
include Federal-aid funds
apportioned to a State under
chapter 1 if the State elects
to provide a portion of such
funds to the Indian tribe for a
project eligible under section
202(a). The provisions of this
section shall be in addition to
the methods for making funding
contributions described in
section 202(a)(9). Nothing in
this section shall diminish the
authority of the Secretary to
provide funds to an Indian
tribe under section 202(a)(9).
(II) Method for transfers.--
If a State elects to provide
funds described in subclause
(I) to an Indian tribe--
(aa) the transfer may
occur in accordance
with section 202(a)(9);
or
(bb) the State shall
transfer the funds back
to the Secretary and
the Secretary shall
transfer the funds to
the Indian tribe in
accordance with this
section.
(III) Responsibility for
transferred funds.--
Notwithstanding any other
provision of law, if a State
provides funds described in
subclause (I) to an Indian
tribe--
(aa) the State shall
not be responsible for
constructing or
maintaining a project
carried out using the
funds or for
administering or
supervising the project
or funds during the
applicable statute of
limitations period
related to the
construction of the
project; and
(bb) the Indian tribe
shall be responsible
for constructing and
maintaining a project
carried out using the
funds and for
administering and
supervising the project
and funds in accordance
with this section
during the applicable
statute of limitations
period related to the
construction of the
project.
(B) Administration of tribal shares.-- The
tribal shares referred to in subparagraph (A)
shall be provided without regard to the agency
or office of the Department within which the
program, service, function, or activity (or
portion thereof) is performed.
(C) Flexible and innovative financing.--
(i) In general.-- A funding agreement
entered into with an Indian tribe under
paragraph (1) shall include provisions
pertaining to flexible and innovative
financing if agreed upon by the
parties.
(ii) Terms and conditions.--
(I) Authority to issue
regulations.-- The Secretary
may issue regulations to
establish the terms and
conditions relating to the
flexible and innovative
financing provisions referred
to in clause (i).
(II) Terms and conditions in
absence of regulations.-- If
the Secretary does not issue
regulations under subclause
(I), the terms and conditions
relating to the flexible and
innovative financing provisions
referred to in clause (i) shall
be consistent with--
(aa) agreements
entered into by the
Department under--
(AA) section
202(b)(7); and
(BB) section
202(d)(5), as
in effect
before the date
of enactment of
MAP-21 (Public
Law 112-141);
or
(bb) regulations of
the Department of the
Interior relating to
flexible financing
contained in part 170
of title 25, Code of
Federal Regulations, as
in effect on the date
of enactment of the
FAST Act.
(3) Terms.-- A funding agreement shall set forth--
(A) terms that generally identify the
programs, services, functions, and activities
(or portions thereof) to be performed or
administered by the Indian tribe; and
(B) for items identified in subparagraph
(A)--
(i) the general budget category
assigned;
(ii) the funds to be provided,
including those funds to be provided on
a recurring basis;
(iii) the time and method of transfer
of the funds;
(iv) the responsibilities of the
Secretary and the Indian tribe; and
(v) any other provision agreed to by
the Indian tribe and the Secretary.
(4) Subsequent funding agreements.--
(A) Applicability of existing agreement.--
Absent notification from an Indian tribe that
the Indian tribe is withdrawing from or
retroceding the operation of 1 or more
programs, services, functions, or activities
(or portions thereof) identified in a funding
agreement, or unless otherwise agreed to by the
parties, each funding agreement shall remain in
full force and effect until a subsequent
funding agreement is executed.
(B) Effective date of subsequent agreement.--
The terms of the subsequent funding agreement
shall be retroactive to the end of the term of
the preceding funding agreement.
(5) Consent of indian tribe required.-- The Secretary
shall not revise, amend, or require additional terms in
a new or subsequent funding agreement without the
consent of the Indian tribe that is subject to the
agreement unless such terms are required by Federal
law.
(e) General Provisions.--
(1) Redesign and consolidation.--
(A) In general.-- An Indian tribe, in any
manner that the Indian tribe considers to be in
the best interest of the Indian community being
served, may--
(i) redesign or consolidate programs,
services, functions, and activities (or
portions thereof) included in a funding
agreement; and
(ii) reallocate or redirect funds for
such programs, services, functions, and
activities (or portions thereof), if
the funds are--
(I) expended on projects
identified in a transportation
improvement program approved by
the Secretary; and
(II) used in accordance with
the requirements in--
(aa) appropriations
Acts;
(bb) this title and
chapter 53 of title 49;
and
(cc) any other
applicable law.
(B) Exception.-- Notwithstanding subparagraph
(A), if, pursuant to subsection (d), an Indian
tribe receives a discretionary or competitive
grant from the Secretary or receives State
apportioned funds, the Indian tribe shall use
the funds for the purpose for which the funds
were originally authorized.
(2) Retrocession.--
(A) In general.--
(i) Authority of indian tribes.-- An
Indian tribe may retrocede (fully or
partially) to the Secretary programs,
services, functions, or activities (or
portions thereof) included in a compact
or funding agreement.
(ii) Reassumption of remaining
funds.-- Following a retrocession
described in clause (i), the Secretary
may--
(I) reassume the remaining
funding associated with the
retroceded programs, functions,
services, and activities (or
portions thereof) included in
the applicable compact or
funding agreement;
(II) out of such remaining
funds, transfer funds
associated with Department of
Interior programs, services,
functions, or activities (or
portions thereof) to the
Secretary of the Interior to
carry out transportation
services provided by the
Secretary of the Interior; and
(III) distribute funds not
transferred under subclause
(II) in accordance with
applicable law.
(iii) Correction of programs.-- If
the Secretary makes a finding under
subsection (f)(2)(B) and no funds are
available under subsection
(f)(2)(A)(ii), the Secretary shall not
be required to provide additional funds
to complete or correct any programs,
functions, services, or activities (or
portions thereof).
(B) Effective date.-- Unless the Indian tribe
rescinds a request for retrocession, the
retrocession shall become effective within the
timeframe specified by the parties in the
compact or funding agreement. In the absence of
such a specification, the retrocession shall
become effective on--
(i) the earlier of--
(I) 1 year after the date of
submission of the request; or
(II) the date on which the
funding agreement expires; or
(ii) such date as may be mutually
agreed upon by the parties and, with
respect to Department of the Interior
programs, functions, services, and
activities (or portions thereof), the
Secretary of the Interior.
(f) Provisions Relating to Secretary.--
(1) Decisionmaker.-- A decision that relates to an
appeal of the rejection of a final offer by the
Department shall be made either--
(A) by an official of the Department who
holds a position at a higher organizational
level within the Department than the level of
the departmental agency in which the decision
that is the subject of the appeal was made; or
(B) by an administrative judge.
(2) Termination of compact or funding agreement.--
(A) Authority to terminate.--
(i) Provision to be included in
compact or funding agreement.-- A
compact or funding agreement shall
include a provision authorizing the
Secretary, if the Secretary makes a
finding described in subparagraph (B),
to--
(I) terminate the compact or
funding agreement (or a portion
thereof); and
(II) reassume the remaining
funding associated with the
reassumed programs, functions,
services, and activities
included in the compact or
funding agreement.
(ii) Transfers of funds.-- Out of any
funds reassumed under clause (i)(II),
the Secretary may transfer the funds
associated with Department of the
Interior programs, functions, services,
and activities (or portions thereof) to
the Secretary of the Interior to
provide continued transportation
services in accordance with applicable
law.
(B) Findings resulting in termination.-- The
finding referred to in subparagraph (A) is a
specific finding of--
(i) imminent jeopardy to a trust
asset, natural resources, or public
health and safety that is caused by an
act or omission of the Indian tribe and
that arises out of a failure to carry
out the compact or funding agreement,
as determined by the Secretary; or
(ii) gross mismanagement with respect
to funds or programs transferred to the
Indian tribe under the compact or
funding agreement, as determined by the
Secretary in consultation with the
Inspector General of the Department, as
appropriate.
(C) Prohibition.-- The Secretary shall not
terminate a compact or funding agreement (or
portion thereof) unless--
(i) the Secretary has first provided
written notice and a hearing on the
record to the Indian tribe that is
subject to the compact or funding
agreement; and
(ii) the Indian tribe has not taken
corrective action to remedy the
mismanagement of funds or programs or
the imminent jeopardy to a trust asset,
natural resource, or public health and
safety.
(D) Exception.--
(i) In general.-- Notwithstanding
subparagraph (C), the Secretary, upon
written notification to an Indian tribe
that is subject to a compact or funding
agreement, may immediately terminate
the compact or funding agreement (or
portion thereof) if--
(I) the Secretary makes a
finding of imminent substantial
and irreparable jeopardy to a
trust asset, natural resource,
or public health and safety;
and
(II) the jeopardy arises out
of a failure to carry out the
compact or funding agreement.
(ii) Hearings.-- If the Secretary
terminates a compact or funding
agreement (or portion thereof) under
clause (i), the Secretary shall provide
the Indian tribe subject to the compact
or agreement with a hearing on the
record not later than 10 days after the
date of such termination.
(E) Burden of proof.-- In any hearing or
appeal involving a decision to terminate a
compact or funding agreement (or portion
thereof) under this paragraph, the Secretary
shall have the burden of proof in demonstrating
by clear and convincing evidence the validity
of the grounds for the termination.
(g) Cost Principles.-- In administering funds received under
this section, an Indian tribe shall apply cost principles under
the applicable Office of Management and Budget circular, except
as modified by section 106 of the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450j-1)] (25 U.S.C. 5325),
other provisions of law, or by any exemptions to applicable
Office of Management and Budget circulars subsequently granted
by the Office of Management and Budget. No other audit or
accounting standards shall be required by the Secretary. Any
claim by the Federal Government against the Indian tribe
relating to funds received under a funding agreement based on
any audit conducted pursuant to this subsection shall be
subject to the provisions of section 106(f) of that Act [(25
U.S.C. 450j-1(f))] (25 U.S.C. 5325(f)).
(h) Transfer of Funds.-- The Secretary shall provide funds to
an Indian tribe under a funding agreement in an amount equal
to--
(1) the sum of the funding that the Indian tribe
would otherwise receive for the program, function,
service, or activity in accordance with a funding
formula or other allocation method established under
this title or chapter 53 of title 49; and
(2) such additional amounts as the Secretary
determines equal the amounts that would have been
withheld for the costs of the Bureau of Indian Affairs
for administration of the program or project.
(i) Construction Programs.--
(1) Standards.-- Construction projects carried out
under programs administered by an Indian tribe with
funds transferred to the Indian tribe pursuant to a
funding agreement entered into under this section shall
be constructed pursuant to the construction program
standards set forth in applicable regulations or as
specifically approved by the Secretary (or the
Secretary's designee).
(2) Monitoring.-- Construction programs shall be
monitored by the Secretary in accordance with
applicable regulations.
(j) Facilitation.--
(1) Secretarial interpretation.-- Except as otherwise
provided by law, the Secretary shall interpret all
Federal laws, Executive orders, and regulations in a
manner that will facilitate--
(A) the inclusion of programs, services,
functions, and activities (or portions thereof)
and funds associated therewith, in compacts and
funding agreements; and
(B) the implementation of the compacts and
funding agreements.
(2) Regulation waiver.--
(A) In general.-- An Indian tribe may submit
to the Secretary a written request to waive
application of a regulation promulgated under
this section with respect to a compact or
funding agreement. The request shall identify
the regulation sought to be waived and the
basis for the request.
(B) Approvals and denials.--
(i) In general.-- Not later than 90
days after the date of receipt of a
written request under subparagraph (A),
the Secretary shall approve or deny the
request in writing.
(ii) Review.-- The Secretary shall
review any application by an Indian
tribe for a waiver bearing in mind
increasing opportunities for using
flexible policy approaches at the
Indian tribal level.
(iii) Deemed approval.-- If the
Secretary does not approve or deny a
request submitted under subparagraph
(A) on or before the last day of the
90-day period referred to in clause
(i), the request shall be deemed
approved.
(iv) Denials.-- If the application
for a waiver is not granted, the agency
shall provide the applicant with the
reasons for the denial as part of the
written response required in clause
(i).
(v) Finality of decisions.-- A
decision by the Secretary under this
subparagraph shall be final for the
Department.
(k) Disclaimers.--
(1) Existing authority.-- Notwithstanding any other
provision of law, upon the election of an Indian tribe,
the Secretary shall--
(A) maintain current tribal transportation
program funding agreements and program
agreements; or
(B) enter into new agreements under the
authority of section 202(b)(7).
(2) Limitation on statutory construction.-- Nothing
in this section may be construed to impair or diminish
the authority of the Secretary under section 202(b)(7).
(l) Applicability of Indian Self-Determination and Education
Assistance Act.-- Except to the extent in conflict with this
section (as determined by the Secretary), the following
provisions of the Indian Self-Determination and Education
Assistance Act shall apply to compact and funding agreements
(except that any reference to the Secretary of the Interior or
the Secretary of Health and Human Services in such provisions
shall be treated as a reference to the Secretary of
Transportation):
(1) Subsections (a), (b), (d), (g), and (h) of
section 506 of such Act [(25 U.S.C. 458aaa-5)] (25
U.S.C. 5386), relating to general provisions.
(2) Subsections (b) through (e) and (g) of section
507 of such Act [(25 U.S.C. 458aaa-6)] (25 U.S.C.
5387), relating to provisions relating to the Secretary
of Health and Human Services.
(3) Subsections (a), (b), (d), (e), (g), (h), (i),
and (k) of section 508 of such Act [(25 U.S.C. 458aaa-
7)] (25 U.S.C. 5388), relating to transfer of funds.
(4) Section 510 of such Act [(25 U.S.C. 458aaa-9)]
(25 U.S.C. 5390), relating to Federal procurement laws
and regulations.
(5) Section 511 of such Act [(25 U.S.C. 458aaa-10)]
(25 U.S.C. 5391), relating to civil actions.
(6) Subsections (a)(1), (a)(2), and (c) through (f)
of section 512 of such Act [(25 U.S.C. 458aaa-11)] (25
U.S.C. 5392), relating to facilitation, except that
subsection (c)(1) of that section shall be applied by
substituting ``transportation facilities and other
facilities'' for ``school buildings, hospitals, and
other facilities''.
(7) Subsections (a) and (b) of section 515 of such
Act [(25 U.S.C. 458aaa-14)] (25 U.S.C. 5395), relating
to disclaimers.
(8) Subsections (a) and (b) of section 516 of such
Act [(25 U.S.C. 458aaa-15)] (25 U.S.C. 5396), relating
to application of title I provisions.
(9) Section 518 of such Act [(25 U.S.C. 458aaa-17)]
(25 U.S.C. 5398), relating to appeals.
(m) Definitions.--
(1) In general.-- In this section, the following
definitions apply (except as otherwise expressly
provided):
(A) Compact.-- The term ``compact'' means a
compact between the Secretary and an Indian
tribe entered into under subsection (c).
(B) Department.-- The term ``Department''
means the Department of Transportation.
(C) Eligible indian tribe.-- The term
``eligible Indian tribe'' means an Indian tribe
that is eligible to participate in the program,
as determined under subsection (b).
(D) Funding agreement.-- The term ``funding
agreement'' means a funding agreement between
the Secretary and an Indian tribe entered into
under subsection (d).
(E) Indian tribe.-- The term ``Indian tribe''
means any Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that is
recognized as eligible for the special programs
and services provided by the United States to
Indians because of their status as Indians. In
any case in which an Indian tribe has
authorized another Indian tribe, an intertribal
consortium, or a tribal organization to plan
for or carry out programs, services, functions,
or activities (or portions thereof) on its
behalf under this section, the authorized
Indian tribe, intertribal consortium, or tribal
organization shall have the rights and
responsibilities of the authorizing Indian
tribe (except as otherwise provided in the
authorizing resolution or in this title). In
such event, the term ``Indian tribe'' as used
in this section shall include such other
authorized Indian tribe, intertribal
consortium, or tribal organization.
(F) Program.-- The term ``program'' means the
tribal transportation self-governance program
established under this section.
(G) Secretary.-- The term ``Secretary'' means
the Secretary of Transportation.
(H) Transportation programs.-- The term
``transportation programs'' means all programs
administered or financed by the Department
under this title and chapter 53 of title 49.
(2) Applicability of other definitions.-- In this
section, the definitions set forth in sections 4 and
[505] 501 of the Indian Self-Determination and
Education Assistance Act [(25 U.S.C. 450b; 458aaa)] (25
U.S.C. 5304; 5381) apply, except as otherwise expressly
provided in this section.
(n) Regulations.--
(1) In general.--
(A) Promulgation.-- Not later than 90 days
after the date of enactment of the FAST Act,
the Secretary shall initiate procedures under
subchapter III of chapter 5 of title 5 to
negotiate and promulgate such regulations as
are necessary to carry out this section.
(B) Publication of proposed regulations.--
Proposed regulations to implement this section
shall be published in the Federal Register by
the Secretary not later than 42 months after
such date of enactment.
(C) Expiration of authority.-- The authority
to promulgate regulations under subparagraph
(A) shall expire 48 months after such date of
enactment.
(D) Extension of deadlines.-- A deadline set
forth in subparagraph (B) or (C) may be
extended up to 180 days if the negotiated
rulemaking committee referred to in paragraph
(2) concludes that the committee cannot meet
the deadline and the Secretary so notifies the
appropriate committees of Congress.
(2) Committee.--
(A) In general.-- A negotiated rulemaking
committee established pursuant to section 565
of title 5 to carry out this subsection shall
have as its members only Federal and tribal
government representatives, a majority of whom
shall be nominated by and be representatives of
Indian tribes with funding agreements under
this title.
(B) Requirements.-- The committee shall
confer with, and accommodate participation by,
representatives of Indian tribes, inter-tribal
consortia, tribal organizations, and individual
tribal members.
(C) Adaptation of procedures.-- The Secretary
shall adapt the negotiated rulemaking
procedures to the unique context of self-
governance and the government-to-government
relationship between the United States and
Indian tribes.
(3) Effect.-- The lack of promulgated regulations
shall not limit the effect of this section.
(4) Effect of circulars, policies, manuals, guidance,
and rules.-- Unless expressly agreed to by the
participating Indian tribe in the compact or funding
agreement, the participating Indian tribe shall not be
subject to any agency circular, policy, manual,
guidance, or rule adopted by the Department, except
regulations promulgated under this section.
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 agency or Indian
Tribe.
(c) Eligible Projects.-- An eligible project under the
program shall be 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 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.
* * * * * * *
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.
(4) Rural school district outreach.-- A coordinator
described in paragraph (3) shall conduct outreach to
ensure that rural school districts in the State are
aware of such State's safe routes to school program and
any funds authorized by this section.
(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) 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.
Sec. 212. Use of youth service and conservation corps
(a) In general The Secretary may allow and shall encourage
project sponsors to enter into contracts and cooperative
agreements with qualified youth service or conservation corps,
as described in sections 122(a)(2) of the National and
Community Service Act of 1990 (42 U.S.C. 12572(a)(2)) and
106(c)(3) of the National and Community Service Trust Act of
1993 (42 U.S.C. 12656(c)(3)) to perform appropriate projects
eligible under sections 133(h), 162, 206, and 211.
(b) Requirements Under any contract or cooperative agreement
entered into with a qualified youth service or conservation
corps under this section, the Secretary shall--
(1) set the amount of a living allowance or rate of
pay for each participant in such corps at--
(A) such amount or rate as required under
State law in a State with such requirements; or
(B) for corps in States not described in
subparagraph (A), at such amount or rate as
determined by the Secretary, not to exceed the
maximum living allowance authorized by section
140 of the National and Community Service Act
of 1990 (42 U.S.C. 12594); and
(2) not subject such corps to the requirements of
section 112.
* * * * * * *
Sec. 217. Bicycle transportation and pedestrian walkways
(a) Use of STP and Congestion Mitigation Program Funds.--
Subject to project approval by the Secretary, a State may
obligate funds apportioned to it under sections 104(b)(2) and
104(b)(4) of this title for construction of pedestrian walkways
and bicycle transportation facilities and for carrying out
nonconstruction projects related to safe bicycle use.
(b) Use of National Highway Performance Program Funds.--
Subject to project approval by the Secretary, a State may
obligate funds apportioned to it under section 104(b)(1) of
this title for construction of pedestrian walkways and bicycle
transportation facilities on land adjacent to any highway on
the National Highway System.
(c) Use of Federal Lands Highway Funds.-- Funds authorized
for forest highways, forest development roads and trails,
public lands development roads and trails, park roads,
parkways, Indian reservation roads, and public lands highways
shall be available, at the discretion of the department charged
with the administration of such funds, for the construction of
pedestrian walkways and bicycle transportation facilities.
(d) State Bicycle and Pedestrian Coordinators.-- Each State
receiving an apportionment under sections 104(b)(2) and
[104(b)(3)] 104(b)(4) of this title shall use such amount of
the apportionment as may be necessary to fund in the State
department of transportation [a position] at least one full-
time positions of bicycle and pedestrian coordinator for
promoting and facilitating the increased use of nonmotorized
modes of transportation, including developing facilities for
the use of pedestrians and bicyclists and public education,
promotional, and safety programs for using such facilities.
(e) Bridges.-- In any case where a highway bridge deck being
replaced or rehabilitated with Federal financial participation
is located on a highway on which [bicycles] pedestrians or
bicyclists are permitted to operate at each end of such bridge,
and the Secretary determines that the safe accommodation of
[bicycles] pedestrians or bicyclists can be provided at
reasonable cost as part of such replacement or rehabilitation,
then such bridge shall be so replaced or rehabilitated as to
provide such safe accommodations.
(f) Federal Share.-- For all purposes of this title,
construction of a pedestrian walkway and a bicycle
transportation facility shall be deemed to be a highway project
and the Federal share payable on account of such construction
shall be determined in accordance with section 120(b).
(g) Planning and Design.--
(1) In general.-- Bicyclists and pedestrians shall be
given due consideration in the comprehensive
transportation plans developed by each metropolitan
planning organization and State in accordance with
sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall
be considered, where appropriate, in conjunction with
all new construction and reconstruction of
transportation facilities, except where bicycle and
pedestrian use are not permitted.
(2) Safety considerations.-- Transportation plans and
projects shall provide due consideration for safety and
contiguous routes for bicyclists and pedestrians.
Safety considerations shall include the installation,
where appropriate, and maintenance of audible traffic
signals and audible signs at street crossings.
(h) Use of Motorized Vehicles.-- Motorized vehicles may not
be permitted on trails and pedestrian walkways under this
section, except for--
(1) maintenance purposes;
(2) when snow conditions and State or local
regulations permit, snowmobiles;
(3) motorized wheelchairs;
(4) when State or local regulations permit, electric
bicycles; and
(5) such other circumstances as the Secretary deems
appropriate.
(i) Transportation Purpose.-- No bicycle project may be
carried out under this section unless the Secretary has
determined that such bicycle project will be principally for
transportation, rather than recreation, purposes.
(j) Definitions.-- In this section, the following definitions
apply:
(1) Bicycle transportation facility.-- The term
``bicycle transportation facility'' means a new or
improved lane, path, or shoulder for use by bicyclists
or operators of micromobility devices and a traffic
control device, shelter, or parking facility for
bicycles.
[(2) Electric bicycle.--The term ``electric bicycle''
means any bicycle or tricycle with a low-powered
electric motor weighing under 100 pounds, with a top
motor-powered speed not in excess of 20 miles per
hour.]
(2) Electric bicycle.-- The term ``electric bicycle''
means mean a bicycle equipped with fully operable
pedals, a saddle or seat for the rider, and an electric
motor of less than 750 watts that can safely share a
bicycle transportation facility with other users of
such facility and meets the requirements of one of the
following three classes:
(A) Class 1 electric bicycle.-- The term
``class 1 electric bicycle'' means an electric
bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and
that ceases to provide assistance when the
bicycle reaches the speed of 20 miles per hour.
(B) Class 2 electric bicycle.-- The term
``class 2 electric bicycle'' means an electric
bicycle equipped with a motor that may be used
exclusively to propel the bicycle, and that is
not capable of providing assistance when the
bicycle reaches the speed of 20 miles per hour.
(C) Class 3 electric bicycle.-- The term
``class 3 electric bicycle'' means an electric
bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and
that ceases to provide assistance when the
bicycle reaches the speed of 28 miles per hour.
(3) Micromobility device.-- The term ``micromobility
device'' means any wheeled vehicle equipped with a low
powered electric motor--
(A) that is designed primarily for human
transport;
(B) that weighs not more than 100 pounds; and
(C) that has a top speed of 20 miles per hour
or less.
(3) Pedestrian.-- The term ``pedestrian'' means any
person traveling by foot and any mobility-impaired
person using a wheelchair.
(4) Wheelchair.-- The term ``wheelchair'' means a
mobility aid, usable indoors, and designed for and used
by individuals with mobility impairments, whether
operated manually or motorized.
* * * * * * *
CHAPTER 3--GENERAL PROVISIONS
Sec.
301. Freedom from tolls.
* * * * * * *
[325. State assumption of responsibilities for certain programs and
projects.]
* * * * * * *
Sec. 313. Buy America
(a) [Notwithstanding] In General._Notwithstanding any other
provision of law, the [Secretary of Transportation] Secretary
shall not obligate any funds authorized to be appropriated to
carry out [the Surface Transportation Assistance Act of 1982
(96 Stat. 2097) or] this title and administered by the
Department of Transportation, unless steel, iron, [and
manufactured products] manufactured products, and construction
materials used in such project are produced in the United
States.
(b) Determination._ The provisions of subsection (a) of this
section shall not apply where the Secretary finds--
(1) that their application would be inconsistent with
the public interest;
(2) that such materials and products are not produced
in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) that inclusion of domestic material will increase
the cost of the overall project contract by more than
25 percent.
(c) [For purposes] Calculation._For purposes of this
section, in calculating components' costs, labor costs involved
in final assembly shall not be included in the calculation.
(d) [The Secretary of Transportation] Requirements._The
Secretary shall not impose any limitation or condition on
assistance provided under [the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or] this title that
restricts any State from imposing more stringent requirements
than this section on the use of articles, materials, and
supplies mined, produced, or manufactured in foreign countries
in projects carried out with such assistance or restricts any
recipient of such assistance from complying with such State
imposed requirements.
(e) Intentional Violations.--If it has been determined by a
court or Federal agency that any person intentionally--
(1) affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning,
to any product used in projects to which this section
applies, sold in or shipped to the United States that
was not made in the United States; or
(2) represented that any product used in projects to
which this section applies, sold in or shipped to the
United States that was not produced in the United
States, was produced in the United [States;] States,
that person shall be ineligible to receive any contract or
subcontract made with funds authorized under the Intermodal
Surface Transportation Efficiency Act of 1991 pursuant to the
debarment, suspension, and ineligibility procedures in subpart
9.4 of chapter 1 of title 48, Code of Federal Regulations.
(f) Limitation on Applicability of Waivers to Products
Produced in Certain Foreign Countries.--If the Secretary, in
consultation with the United States Trade Representative,
determines that--
(1) a foreign country is a party to an agreement with
the United States and pursuant to that agreement the
head of an agency of the United States has waived the
requirements of this section[, and]; and
(2) the foreign country has violated the terms of the
agreement by discriminating against products covered by
this section that are produced in the United States and
are covered by the agreement,
the provisions of subsection (b) shall not apply to products
produced in that foreign country.
(g) Application to Highway Programs.--The requirements under
this section shall apply to all contracts eligible for
assistance under this chapter for a 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.), or within the scope of the applicable finding,
determination, or environmental review decision made pursuant
to authority granted by the Secretary under section 330, if
applicable, regardless of the funding source of such contracts,
if at least 1 contract for the project is funded with amounts
made available to carry out this title.
(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).
(4) Consideration.--In conducting the review under
paragraph (1), the Secretary shall consider the
research on supply chains carried out under section
1112(c) of the INVEST in America Act.
(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.
(k) Construction Materials Defined.--In this section, the
term ``construction materials'' means primary materials, except
for iron and steel, that are commonly used in highway
construction, as determined by the Secretary.
* * * * * * *
Sec. 322. Magnetic levitation transportation technology deployment
program
(a) Definitions.--In this section, the following definitions
apply:
(1) Eligible project costs.--The term ``eligible
project costs''--
(A) means the capital cost of the fixed
guideway infrastructure of a MAGLEV project,
including land, piers, guideways, propulsion
equipment and other components attached to
guideways, power distribution facilities
(including substations), control and
communications facilities, access roads, and
storage, repair, and maintenance facilities,
but not including costs incurred for a new
station; and
(B) includes the costs of preconstruction
planning activities.
(2) Full project costs.--The term ``full project
costs'' means the total capital costs of a MAGLEV
project, including eligible project costs and the costs
of stations, vehicles, and equipment.
(3) MAGLEV.--The term ``MAGLEV'' means transportation
systems employing magnetic levitation that would be
capable of safe use by the public at a speed in excess
of 240 miles per hour.
(4) Partnership potential.--The term ``partnership
potential'' has the meaning given the term in the
commercial feasibility study of high-speed ground
transportation conducted under section 1036 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1978).
(b) Financial Assistance.--
(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full
project costs of eligible projects selected under this
section. Financial assistance made available under this
section and projects assisted with the assistance shall
be subject to section 5333(a) of title 49, United
States Code.
(2) Federal share.--The Federal share of full project
costs under paragraph (1) shall be not more than 2/3.
(3) Use of assistance.--Financial assistance provided
under paragraph (1) shall be used only to pay eligible
project costs of projects selected under this section.
(c) Solicitation of Applications for Assistance.--Not later
than 180 days after the date of enactment of this subsection,
the Secretary shall solicit applications from States, or
authorities designated by 1 or more States, for financial
assistance authorized by subsection (b) for planning, design,
and construction of eligible MAGLEV projects.
(d) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b), a project shall--
(1) involve a segment or segments of a high-speed
ground transportation corridor that exhibit partnership
potential;
(2) require an amount of Federal funds for project
financing that will not exceed the sum of--
(A) the amounts made available under
subsection (h)(1); and
(B) the amounts made available by States
under subsection (h)(3);
(3) result in an operating transportation facility
that provides a revenue producing service;
(4) be undertaken through a public and private
partnership, with at least 1/3 of full project costs
paid using non-Federal funds;
(5) satisfy applicable statewide and metropolitan
planning requirements;
(6) be approved by the Secretary based on an
application submitted to the Secretary by a State or
authority designated by 1 or more States;
(7) to the extent that non-United States MAGLEV
technology is used within the United States, be carried
out as a technology transfer project; and
(8) be carried out using materials at least 70
percent of which are manufactured in the United States.
(e) Project Selection Criteria.--Prior to soliciting
applications, the Secretary shall establish criteria for
selecting which eligible projects under subsection (d) will
receive financial assistance under subsection (b). The criteria
shall include the extent to which--
(1) a project is nationally significant, including
the extent to which the project will demonstrate the
feasibility of deployment of MAGLEV technology
throughout the United States;
(2) timely implementation of the project will reduce
congestion in other modes of transportation and reduce
the need for additional highway or airport
construction;
(3) States, regions, and localities financially
contribute to the project;
(4) implementation of the project will create new
jobs in traditional and emerging industries;
(5) the project will augment MAGLEV networks
identified as having partnership potential;
(6) financial assistance would foster public and
private partnerships for infrastructure development and
attract private debt or equity investment;
(7) financial assistance would foster the timely
implementation of a project; and
(8) life-cycle costs in design and engineering are
considered and enhanced.
(f) Project Selection.--
(1) Preconstruction planning activities.--Not later
than 90 days after a deadline established by the
Secretary for the receipt of applications, the
Secretary shall evaluate the eligible projects in
accordance with the selection criteria and select 1 or
more eligible projects to receive financial assistance
for preconstruction planning activities, including--
(A) preparation of such feasibility studies,
major investment studies, and environmental
impact statements and assessments as are
required under State law;
(B) pricing of the final design, engineering,
and construction activities proposed to be
assisted under paragraph (2); and
(C) such other activities as are necessary to
provide the Secretary with sufficient
information to evaluate whether a project
should receive financial assistance for final
design, engineering, and construction
activities under paragraph (2).
(2) Final design, engineering, and construction
activities.--After completion of preconstruction
planning activities for all projects assisted under
paragraph (1), the Secretary shall select 1 of the
projects to receive financial assistance for final
design, engineering, and construction activities.
(g) Joint Ventures.--A project undertaken by a joint venture
of United States and non-United States persons (including a
project involving the deployment of non-United States MAGLEV
technology in the United States) shall be eligible for
financial assistance under this section if the project is
eligible under subsection (d) and selected under subsection
(f).
(h) Funding.--
(1) In general.--
(A) Contract authority; authorization of
appropriations.--
(i) In general.--There is authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out this section
$15,000,000 for fiscal year 1999,
$20,000,000 for fiscal year 2000, and
$25,000,000 for fiscal year 2001.
(ii) Contract authority.--Funds
authorized by this subparagraph shall
be available for obligation in the same
manner as if the funds were apportioned
under chapter 1, except that--
(I) the Federal share of the
cost of a project carried out
under this section shall be
determined in accordance with
subsection (b); and
(II) the availability of the
funds shall be determined in
accordance with paragraph (2).
(B) Noncontract authority authorization of
appropriations.--
(i) In general.--There are authorized
to be appropriated from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out this section
(other than subsection (i))
$200,000,000 for each of fiscal years
2000 and 2001, $250,000,000 for fiscal
year 2002, and $300,000,000 for fiscal
year 2003.
(ii) Availability.--Notwithstanding
section 118(a), funds made available
under clause (i) shall not be available
in advance of an annual appropriation.
(2) Availability of funds.--Funds made available
under paragraph (1) shall remain available until
expended.
(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to
carry out the surface transportation [block grant]
program under section 133 and the congestion mitigation
and air quality improvement program under section 149
may be used by the State to pay a portion of the full
project costs of an eligible project selected under
this section, without requirement for non-Federal
funds.
(4) Other assistance.--Notwithstanding any other
provision of law, an eligible project selected under
this section shall be eligible for other forms of
financial assistance provided under this title and the
Transportation Equity Act for the 21st Century,
including loans, loan guarantees, and lines of credit.
(i) Low-Speed Project.--
(1) In general.--Notwithstanding any other provision
of this section, of the funds made available by
subsection (h)(1)(A) to carry out this section,
$5,000,000 shall be made available to the Secretary to
make grants for the research and development of low-
speed superconductivity magnetic levitation technology
for public transportation purposes in urban areas to
demonstrate energy efficiency, congestion mitigation,
and safety benefits.
(2) Noncontract authority authorization of
appropriations.--
(A) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out
this subsection such sums as are necessary for
each of fiscal years 2000 through 2003.
(B) Availability.--Notwithstanding section
118(a), funds made available under subparagraph
(A)--
(i) shall not be available in advance
of an annual appropriation; and
(ii) shall remain available until
expended.
Sec. 323. Donations and credits
(a) Donations of Property Being Acquired.--Nothing in this
title, or in any other provision of law, shall be construed to
prevent a person whose real property is being acquired in
connection with a project under this title, after he has been
fully informed of his right to receive just compensation for
the acquisition of his property, from making a gift or donation
of such property, or any part thereof, or of any of the
compensation paid therefor, to a Federal agency, a State or a
State agency, or a political subdivision of a State, as said
person shall determine.
(b) Credit for Acquired Lands.--
(1) In general.--Notwithstanding any other provision
of this title, the State share of the cost of a project
with respect to which Federal assistance is provided
from the Highway Trust Fund (other than the Mass
Transit Account) may be credited in an amount equal to
the fair market value of any land that--
(A) is lawfully obtained by the State or a
unit of local government in the State;
(B) is incorporated into the project;
(C) is not land described in section 138; and
(D) the Secretary determines will not
influence the environmental assessment of the
project, including--
(i) the decision as to the need to
construct the project;
(ii) the consideration of
alternatives; and
(iii) the selection of a specific
location.
(2) Establishment of fair market value.--The fair
market value of land incorporated into a project and
credited under paragraph (1) shall be established in
the manner determined by the Secretary, except that--
(A) the fair market value shall not include
any increase or decrease in the value of
donated property caused by the project; and
(B) the fair market value of donated land
shall be established as of the earlier of--
(i) the date on which the donation
becomes effective; or
(ii) the date on which equitable
title to the land vests in the State.
(3) Limitation on applicability.--This subsection
shall not apply to donations made by an agency of the
Federal Government.
(4) Limitation on amount of credit.--The credit
received by a State pursuant to this subsection may not
exceed the State's matching share for the project.
(c) Credit for Donations of Funds, Materials, or Services.--
Nothing in this title or any other law shall prevent a person
from offering to donate funds, materials, or services, or a
local government from offering to donate funds, materials, or
services performed by local government employees, in connection
with a project eligible for assistance under this title. In the
case of such a project with respect to which the Federal
Government and the State share in paying the cost, any donated
funds, or the fair market value of any donated materials or
services, that are accepted and incorporated into the project
by the State transportation department shall be credited
against the State share.
(d) Procedures.--A gift or donation in accordance with
subsection (a) may be made at any time during the development
of a project. Any document executed as part of such donation
prior to the approval of an environmental document prepared
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall clearly indicate that--
(1) all alternatives to a proposed alignment will be
studied and considered pursuant to such Act;
(2) acquisition of property under this section shall
not influence the environmental assessment of a project
including the decision relative to the need to
construct the project or the selection of a specific
location; and
(3) any property acquired by gift or donation shall
be revested in the grantor or successors in interest if
such property is not required for the alignment chosen
after public hearings, if required, and completion of
the environmental document.
* * * * * * *
[Sec. 325. State assumption of responsibilities for certain programs
and projects
[(a) Assumption of Secretary's Responsibilities Under
Applicable Federal Laws.--
[(1) Pilot program.--
[(A) Establishment.--The Secretary may
establish a pilot program under which States
may assume the responsibilities of the
Secretary under any Federal laws subject to the
requirements of this section.
[(B) First 3 fiscal years.--In the first 3
fiscal years following the date of enactment of
the SAFETEA-LU, the Secretary may allow up to 5
States to participate in the pilot program.
[(2) Scope of program.--Under the pilot program, the
Secretary may assign, and a State may assume, any of
the Secretary's responsibilities (other than
responsibilities relating to federally recognized
Indian tribes) for environmental reviews, consultation,
or decisionmaking or other actions required under any
Federal law as such requirements apply to the following
projects:
[(A) Projects funded under section 104(h).
[(B) Transportation enhancement activities
under section 133, as such term is defined in
section 101(a)(35).
[(b) Agreements.--
[(1) In general.--The Secretary shall enter into a
memorandum of understanding with a State participating
in the pilot program setting forth the responsibilities
to be assigned under subsection (a)(2) and the terms
and conditions under which the assignment is being
made.
[(2) Certification.--Before the Secretary enters into
a memorandum of understanding with a State under
paragraph (1), the State shall certify that the State
has in effect laws (including regulations) applicable
to projects carried out and funded under this title and
chapter 53 of title 49 that authorize the State to
carry out the responsibilities being assumed.
[(3) Maximum duration.--A memorandum of understanding
with a State under this section shall be established
for an initial period of no more than 3 years and may
be renewed by mutual agreement on a periodic basis for
periods of not more than 3 years.
[(4) Compliance.--
[(A) In general.--After entering into a
memorandum of understanding under paragraph
(1), the Secretary shall review and determine
compliance by the State with the memorandum of
understanding.
[(B) Renewals.--The Secretary shall take into
account the performance of a State under the
pilot program when considering renewal of a
memorandum of understanding with the State
under the program.
[(5) Sole responsibility.--A State that assumes
responsibility under subsection (a)(2) with respect to
a Federal law shall be solely responsible and solely
liable for complying with and carrying out that law,
and the Secretary shall have no such responsibility or
liability.
[(6) Acceptance of jurisdiction.--In a memorandum of
understanding, the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.
[(c) Selection of States for Pilot Program.--
[(1) Application.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains such information
as the Secretary may require. At a minimum, an
application shall include--
[(A) a description of the projects or classes
of projects for which the State seeks to assume
responsibilities under subsection (a)(2); and
[(B) a certification that the State has the
capability to assume such responsibilities.
[(2) Public notice.--Before entering into a
memorandum of understanding allowing a State to
participate in the pilot program, the Secretary shall--
[(A) publish notice in the Federal Register
of the Secretary's intent to allow the State to
participate in the program, including a copy of
the State's application to the Secretary and
the terms of the proposed agreement with the
State; and
[(B) provide an opportunity for public
comment.
[(3) Selection criteria.--The Secretary may approve
the application of a State to assume responsibilities
under the program only if--
[(A) the requirements under paragraph (2)
have been met; and
[(B) the Secretary determines that the State
has the capability to assume the
responsibilities.
[(4) Other federal agency views.--Before assigning to
a State a responsibility of the Secretary that requires
the Secretary to consult with another Federal agency,
the Secretary shall solicit the views of the Federal
agency.
[(d) State Defined.--With respect to the recreational trails
program, the term ``State'' means the State agency designated
by the Governor of the State in accordance with section
206(c)(1).
[(e) Preservation of Public Interest Consideration.--Nothing
in this section shall be construed to limit the requirements
under any applicable law providing for the consideration and
preservation of the public interest, including public
participation and community values in transportation
decisionmaking.]
Sec. 326. State assumption of responsibility for categorical exclusions
(a) Categorical Exclusion Determinations.--
(1) In general.--The Secretary may assign, and a
State may assume, responsibility for determining
whether certain designated activities are included
within classes of action identified in regulation by
the Secretary that are categorically excluded from
requirements for environmental assessments or
environmental impact statements pursuant to regulations
promulgated by the Council on Environmental Quality
under part 1500 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003).
(2) Scope of authority.--A determination described in
paragraph (1) shall be made by a State in accordance
with criteria established by the Secretary and only for
types of activities specifically designated by the
Secretary.
(3) Criteria.--The criteria under paragraph (2) shall
include provisions for public availability of
information consistent with section 552 of title 5 and
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) Preservation of flexibility.--The Secretary shall
not require a State, as a condition of assuming
responsibility under this section, to forego project
delivery methods that are otherwise permissible for
highway projects.
(b) Other Applicable Federal Laws.--
(1) In general.--If a State assumes responsibility
under subsection (a), the Secretary may also assign and
the State may assume all or part of the
responsibilities of the Secretary for environmental
review, consultation, or other related actions required
under any Federal law applicable to activities that are
classified by the Secretary as categorical exclusions,
with the exception of government-to-government
consultation with Indian tribes, subject to the same
procedural and substantive requirements as would be
required if that responsibility were carried out by the
Secretary.
(2) Sole responsibility.--A State that assumes
responsibility under paragraph (1) with respect to a
Federal law shall be solely responsible and solely
liable for complying with and carrying out that law,
and the Secretary shall have no such responsibility or
liability.
(c) Memoranda of Understanding.--
(1) In general.--The Secretary and the State, after
providing public notice and opportunity for comment,
shall enter into a memorandum of understanding setting
forth the responsibilities to be assigned under this
section and the terms and conditions under which the
assignments are made, including establishment of the
circumstances under which the Secretary would reassume
responsibility for categorical exclusion
determinations.
(2) Assistance to states.--On request of a Governor
of a State, the Secretary shall provide to the State
technical assistance, training, or other support
relating to--
(A) assuming responsibility under subsection
(a);
(B) developing a memorandum of understanding
under this subsection; or
(C) addressing a responsibility in need of
corrective action under subsection (d)(1)(B).
(3) Term.--A memorandum of understanding--
[(A) shall have a term of not more than 3
years; and]
(A) except as provided under subparagraph
(C), have a term of not more than 3 years;
(B) shall be renewable[.]; and
(C) for any State that has assumed the
responsibility for categorical exclusions under
this section for at least 10 years, have a term
of 5 years.
(4) Acceptance of jurisdiction.--In a memorandum of
understanding, the State shall consent to accept the
jurisdiction of the Federal courts for the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.
(5) Monitoring.--The Secretary shall--
(A) monitor compliance by the State with the
memorandum of understanding and the provision
by the State of financial resources to carry
out the memorandum of understanding; and
(B) take into account the performance by the
State when considering renewal of the
memorandum of understanding.
(d) Termination.--
(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program
if--
(A) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
(B) the Secretary provides to the State--
(i) a notification of the
determination of noncompliance;
(ii) a period of not less than 120
days to take such corrective action as
the Secretary determines to be
necessary to comply with the applicable
agreement; and
(iii) on request of the Governor of
the State, a detailed description of
each responsibility in need of
corrective action regarding an
inadequacy identified under
subparagraph (A); and
(C) the State, after the notification and
period described in clauses (i) and (ii) of
subparagraph (B), fails to take satisfactory
corrective action, as determined by the
Secretary.
(2) Termination by the state.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice not
later than the date that is 90 days before the date of
termination, and subject to such terms and conditions
as the Secretary may provide.
(e) State Agency Deemed to Be Federal Agency.--A State agency
that is assigned a responsibility under a memorandum of
understanding shall be deemed to be a Federal agency for the
purposes of the Federal law under which the responsibility is
exercised.
(f) Legal Fees.--A State assuming the responsibilities of the
Secretary under this section for a specific project may use
funds apportioned to the State under section 104(b)(2) for
attorney's fees directly attributable to eligible activities
associated with the project.
Sec. 327. Surface transportation project delivery program
(a) Establishment.--
(1) In general.--The Secretary shall carry out a
surface transportation project delivery program
(referred to in this section as the ``program'').
(2) Assumption of responsibility.--
(A) In general.--Subject to the other
provisions of this section, with the written
agreement of the Secretary and a State, which
may be in the form of a memorandum of
understanding, the Secretary may assign, and
the State may assume, the responsibilities of
the Secretary with respect to one or more
highway projects within the State under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Additional responsibility.--If a State
assumes responsibility under subparagraph (A)--
(i) the Secretary may assign to the
State, and the State may assume, all or
part of the responsibilities of the
Secretary for environmental review,
consultation, or other action required
under any Federal environmental law
pertaining to the review or approval of
a specific project;
(ii) at the request of the State, the
Secretary may also assign to the State,
and the State may assume, the
responsibilities of the Secretary with
respect to 1 or more railroad, public
transportation, or multimodal projects
within the State under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(iii) in a State that has assumed the
responsibilities of the Secretary under
clause (ii), a recipient of assistance
under chapter 53 of title 49 may
request that the Secretary maintain the
responsibilities of the Secretary with
respect to 1 or more public
transportation projects within the
State under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); but
(iv) the Secretary may not assign--
(I) any responsibility
imposed on the Secretary by
section 134 or 135 or section
5303 or 5304 of title 49; or
(II) responsibility for any
conformity determination
required under section 176 of
the Clean Air Act (42 U.S.C.
7506).
(C) Procedural and substantive
requirements.--A State shall assume
responsibility under this section subject to
the same procedural and substantive
requirements as would apply if that
responsibility were carried out by the
Secretary.
(D) Federal responsibility.--Any
responsibility of the Secretary not explicitly
assumed by the State by written agreement under
this section shall remain the responsibility of
the Secretary.
(E) No effect on authority.--Nothing in this
section preempts or interferes with any power,
jurisdiction, responsibility, or authority of
an agency, other than the Department of
Transportation, under applicable law (including
regulations) with respect to a project.
(F) Preservation of flexibility.--The
Secretary may not require a State, as a
condition of participation in the program, to
forego project delivery methods that are
otherwise permissible for projects.
(G) Legal fees.--A State assuming the
responsibilities of the Secretary under this
section for a specific project may use funds
apportioned to the State under section
104(b)(2) for attorneys' fees directly
attributable to eligible activities associated
with the project, including the payment of fees
awarded under section 2412 of title 28.
(b) State Participation.--
(1) Participating states.--All States are eligible to
participate in the program.
(2) Application.--Not later than 270 days after the
date on which amendments to this section by the MAP-21
take effect, the Secretary shall amend, as appropriate,
regulations that establish requirements relating to
information required to be contained in any application
of a State to participate in the program, including, at
a minimum--
(A) the projects or classes of projects for
which the State anticipates exercising the
authority that may be granted under the
program;
(B) verification of the financial resources
necessary to carry out the authority that may
be granted under the program; and
(C) evidence of the notice and solicitation
of public comment by the State relating to
participation of the State in the program,
including copies of comments received from that
solicitation.
(3) Public notice.--
(A) In general.--Each State that submits an
application under this subsection shall give
notice of the intent of the State to
participate in the program not later than 30
days before the date of submission of the
application.
(B) Method of notice and solicitation.--The
State shall provide notice and solicit public
comment under this paragraph by publishing the
complete application of the State in accordance
with the appropriate public notice law of the
State.
(4) Selection criteria.--The Secretary may approve
the application of a State under this section only if--
(A) the regulatory requirements under
paragraph (2) have been met;
(B) the Secretary determines that the State
has the capability, including financial and
personnel, to assume the responsibility; and
(C) the head of the State agency having
primary jurisdiction over highway matters
enters into a written agreement with the
Secretary described in subsection (c).
(5) Other federal agency views.--If a State applies
to assume a responsibility of the Secretary that would
have required the Secretary to consult with another
Federal agency, the Secretary shall solicit the views
of the Federal agency before approving the application.
(c) Written Agreement.--A written agreement under this
section shall--
(1) be executed by the Governor or the top-ranking
transportation official in the State who is charged
with responsibility for highway construction;
(2) be in such form as the Secretary may prescribe;
(3) provide that the State--
(A) agrees to assume all or part of the
responsibilities of the Secretary described in
subsection (a);
(B) expressly consents, on behalf of the
State, to accept the jurisdiction of the
Federal courts for the compliance, discharge,
and enforcement of any responsibility of the
Secretary assumed by the State;
(C) certifies that State laws (including
regulations) are in effect that--
(i) authorize the State to take the
actions necessary to carry out the
responsibilities being assumed; and
(ii) are comparable to section 552 of
title 5, including providing that any
decision regarding the public
availability of a document under those
State laws is reviewable by a court of
competent jurisdiction; and
(D) agrees to maintain the financial
resources necessary to carry out the
responsibilities being assumed;
(4) require the State to provide to the Secretary any
information the Secretary reasonably considers
necessary to ensure that the State is adequately
carrying out the responsibilities assigned to the
State;
[(5) have a term of not more than 5 years; and]
(5) except as provided under paragraph (7), have a
term of not more than 5 years;
(6) be renewable[.]; and
(7) for any State that has participated in a program
under this section (or under a predecessor program) for
at least 10 years, have a term of 10 years.
(d) Jurisdiction.--
(1) In general.--The United States district courts
shall have exclusive jurisdiction over any civil action
against a State for failure to carry out any
responsibility of the State under this section.
(2) Legal standards and requirements.--A civil action
under paragraph (1) shall be governed by the legal
standards and requirements that would apply in such a
civil action against the Secretary had the Secretary
taken the actions in question.
(3) Intervention.--The Secretary shall have the right
to intervene in any action described in paragraph (1).
(e) Effect of Assumption of Responsibility.--A State that
assumes responsibility under subsection (a)(2) shall be solely
responsible and solely liable for carrying out, in lieu of and
without further approval of the Secretary, the responsibilities
assumed under subsection (a)(2), until the program is
terminated as provided in subsection (j).
(f) Limitations on Agreements.--Nothing in this section
permits a State to assume any rulemaking authority of the
Secretary under any Federal law.
(g) Audits.--
(1) In general.--To ensure compliance by a State with
any agreement of the State under subsection (c)
(including compliance by the State with all Federal
laws for which responsibility is assumed under
subsection (a)(2)), for each State participating in the
program under this section, the Secretary shall--
(A) not later than 180 days after the date of
execution of the agreement, meet with the State
to review implementation of the agreement and
discuss plans for the first annual audit;
(B) conduct annual audits during each of the
first 4 years of State participation; [and]
(C) in the case of an agreement period of
greater than 5 years under subsection (c)(7),
conduct an audit covering the first 5 years of
the agreement period; and
[(C)] (D) ensure that the time period for
completing an [annual] audit, from initiation
to completion (including public comment and
responses to those comments), does not exceed
180 days.
(2) Public availability and comment.--
(A) In general.--An audit conducted under
paragraph (1) shall be provided to the public
for comment.
(B) Response.--Not later than 60 days after
the date on which the period for public comment
ends, the Secretary shall respond to public
comments received under subparagraph (A).
(3) Audit team.--
(A) In general.--An audit conducted under
paragraph (1) shall be carried out by an audit
team determined by the Secretary, in
consultation with the State, in accordance with
subparagraph (B).
(B) Consultation.--Consultation with the
State under subparagraph (A) shall include a
reasonable opportunity for the State to review
and provide comments on the proposed members of
the audit team.
(h) Monitoring.--After the fourth year of the participation
of a State in the program, the Secretary shall monitor
compliance by the State with the written agreement, including
the provision by the State of financial resources to carry out
the written agreement.
(i) Report to Congress.--The Secretary shall submit to
Congress an annual report that describes the administration of
the program.
(j) Termination.--
(1) Termination by secretary.--The Secretary may
terminate the participation of any State in the program
if--
(A) the Secretary determines that the State
is not adequately carrying out the
responsibilities assigned to the State;
(B) the Secretary provides to the State--
(i) a notification of the
determination of noncompliance;
(ii) a period of not less than 120
days to take such corrective action as
the Secretary determines to be
necessary to comply with the applicable
agreement; and
(iii) on request of the Governor of
the State, a detailed description of
each responsibility in need of
corrective action regarding an
inadequacy identified under
subparagraph (A); and
(C) the State, after the notification and
period provided under subparagraph (B), fails
to take satisfactory corrective action, as
determined by the Secretary.
(2) Termination by the state.--The State may
terminate the participation of the State in the program
at any time by providing to the Secretary a notice by
not later than the date that is 90 days before the date
of termination, and subject to such terms and
conditions as the Secretary may provide.
(k) Capacity Building.--The Secretary, in cooperation with
representatives of State officials, may carry out education,
training, peer-exchange, and other initiatives as appropriate--
(1) to assist States in developing the capacity to
participate in the assignment program under this
section; and
(2) to promote information sharing and collaboration
among States that are participating in the assignment
program under this section.
(l) Relationship to Locally Administered Projects.--A State
granted authority under this section may, as appropriate and at
the request of a local government--
(1) exercise such authority on behalf of the local
government for a locally administered project; or
(2) provide guidance and training on consolidating
and minimizing the documentation and environmental
analyses necessary for sponsors of a locally
administered project to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any comparable requirements under State law.
(m) Agency Deemed to Be Federal Agency.--A State agency that
is assigned a responsibility under an agreement under this
section shall be deemed to be an agency of the United States
for the purposes of section 2412 of title 28.
* * * * * * *
CHAPTER 4--HIGHWAY SAFETY
Sec.
401. Authority of the Secretary.
* * * * * * *
[404. High-visibility enforcement program.]
404. National safety campaigns.
* * * * * * *
Sec. 402. Highway safety programs
(a) Program Required.--
(1) In general.--Each State shall have a highway
safety program, approved by the Secretary, that is
designed to reduce traffic [accidents] crashes and the
resulting deaths, injuries, and property damage.
(2) Uniform guidelines.--Programs required under
paragraph (1) shall comply with uniform guidelines,
promulgated by the Secretary and expressed in terms of
performance criteria, that--
(A) include programs--
(i) to reduce injuries and deaths
resulting from motor vehicles being
driven in excess of posted speed
limits;
(ii) to encourage the proper use of
occupant protection devices (including
the use of safety belts and child
restraint systems) by occupants of
motor vehicles;
(iii) to reduce injuries and deaths
resulting from persons driving motor
vehicles while impaired by alcohol or a
controlled substance;
(iv) to prevent [accidents] crashes
and reduce injuries and deaths
resulting from [accidents] crashes
involving motor vehicles and
motorcycles;
(v) to reduce injuries and deaths
resulting from [accidents] crashes
involving school buses;
(vi) to reduce [accidents] crashes
resulting from unsafe driving behavior
(including aggressive or fatigued
driving and distracted driving arising
from the use of electronic devices in
vehicles);
(vii) to improve law enforcement
services in motor vehicle [accident]
crash prevention, traffic supervision,
and post-[accident] crash procedures;
and
(viii) to increase driver awareness
of commercial motor vehicles to prevent
crashes and reduce injuries and
fatalities;
(B) improve driver performance, including--
(i) driver education;
(ii) driver testing to determine
proficiency to operate motor vehicles;
and
(iii) driver examinations (physical,
mental, and driver licensing);
(C) improve pedestrian performance and
bicycle safety;
(D) include provisions for--
(i) an effective record system of
[accidents] crashes (including
resulting injuries and deaths);
(ii) [accident] crash investigations
to determine the probable causes of
[accidents] crashes, injuries, and
deaths;
(iii) vehicle registration,
operation, and inspection; and
(iv) emergency services; and
(E) to the extent determined appropriate by
the Secretary, are applicable to federally
administered areas where a Federal department
or agency controls the highways or supervises
traffic operations.
(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.
(b) Administration of State Programs.--
(1) Administrative requirements.--The Secretary may
not approve a State highway safety program under this
section which does not--
(A) provide that the Governor of the State
shall be responsible for the administration of
the program through a State highway safety
agency which shall have adequate powers and be
suitably equipped and organized to carry out,
to the satisfaction of the Secretary, such
program;
(B) authorize political subdivisions of the
State to carry out local highway safety
programs within their jurisdictions as a part
of the State highway safety program if such
local highway safety programs are approved by
the Governor and are in accordance with the
minimum standards established by the Secretary
under this section;
(C) except as provided in paragraph (2),
provide that at least 40 percent of all Federal
funds apportioned under this section to the
State for any fiscal year will be expended by
the political subdivisions of the State,
including Indian tribal governments, in
carrying out local highway safety programs
authorized in accordance with subparagraph (B);
(D) provide adequate and reasonable access
for the safe and convenient movement of
individuals with disabilities, including those
in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all
pedestrian crosswalks throughout the State;
(E) beginning on the first day of the first
fiscal year after the date of enactment of the
Motor Vehicle and Highway Safety Improvement
Act of 2012 for which a State submits its
highway safety plan under subsection (k),
provide for a data-driven traffic safety
enforcement program to prevent traffic
violations, crashes, and crash fatalities and
injuries in areas most at risk for such
incidents, to the satisfaction of the
Secretary[;]; and
(F) provide satisfactory assurances that the
State will implement activities in support of
national highway safety goals to reduce motor
vehicle related fatalities that also reflect
the primary data-related crash factors within a
State as identified by the State highway safety
planning process, including--
(i) national law enforcement
mobilizations and high-visibility law
enforcement mobilizations coordinated
by the Secretary;
(ii) sustained enforcement of
statutes addressing impaired driving,
occupant protection, and driving in
excess of posted speed limits;
(iii) an annual statewide safety belt
use survey in accordance with criteria
established by the Secretary for the
measurement of State safety belt use
rates to ensure that the measurements
are accurate and representative;
(iv) development of statewide data
systems to provide timely and effective
data analysis to support allocation of
highway safety resources; and
(v) ensuring that the State will
coordinate its highway safety plan,
data collection, and information
systems with the State strategic
highway safety plan (as defined in
section 148(a)).
(2) Waiver.--The Secretary may waive the requirement
of paragraph (1)(C), in whole or in part, for a fiscal
year for any State whenever the Secretary determines
that there is an insufficient number of local highway
safety programs to justify the expenditure in the State
of such percentage of Federal funds during the fiscal
year.
(c) Use of Funds.--
(1) In general.--Funds authorized to be appropriated
to carry out this section shall be used to aid the
States to conduct the highway safety programs approved
in accordance with subsection (a), including
development and implementation of manpower training
programs, and of demonstration programs that the
Secretary determines will contribute directly to the
reduction of [accidents] crashes, and deaths and
injuries resulting therefrom.
(2) Additional uses.--In addition to uses authorized
under paragraph (1) and as approved by the Secretary,
States may use funds under this section to--
(A) educate the public on the dangers of
pediatric vehicular hyperthermia;
(B) purchase and distribute child restraints
to low-income families; and
(C) 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.
[(2)] (3) Apportionment.--Except for amounts
identified in section 403(f), funds described in
paragraph (1) shall be apportioned 75 per centum in the
ratio which the population of each State bears to the
total population of all the States, as shown by the
latest available Federal census, and 25 per centum in
the ratio which the public road mileage in each State
bears to the total public road mileage in all States.
For the purposes of this subsection, a ``public road''
means any road under the jurisdiction of and maintained
by a public authority and open to public travel. Public
road mileage as used in this subsection shall be
determined as of the end of the calendar year preceding
the year in which the funds are apportioned and shall
be certified to by the Governor of the State and
subject to approval by the Secretary. The annual
apportionment to each State shall not be less than
three-quarters of 1 percent of the total apportionment,
except that the apportionment to the Secretary of the
Interior shall not be less than 2 percent of the total
apportionment and the apportionments to the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands shall not be less than
one-quarter of 1 per centum of the total apportionment.
A highway safety program approved by the Secretary
shall not include any requirement that a State
implement such a program by adopting or enforcing any
law, rule, or regulation based on a guideline
promulgated by the Secretary under this section
requiring any motorcycle operator eighteen years of age
or older or passenger eighteen years of age or older to
wear a safety helmet when operating or riding a
motorcycle on the streets and highways of that State.
Implementation of a highway safety program under this
section shall not be construed to require the Secretary
to require compliance with every uniform guideline, or
with every element of every uniform guideline, in every
State. A State may use the funds apportioned under this
section, in cooperation with neighboring States, for
highway safety programs or related projects that may
confer benefits on such neighboring States. Funds
apportioned under this section to any State, that does
not have a highway safety program approved by the
Secretary or that is not implementing an approved
program, shall be reduced by amounts equal to not less
than 20 percent of the amounts that would otherwise be
apportioned to the State under this section, until such
time as the Secretary approves such program or
determines that the State is implementing an approved
program, as appropriate. The Secretary shall consider
the gravity of the State's failure to have or implement
an approved program in determining the amount of the
reduction.
[(3)] (4) Reapportionment.--The Secretary shall
promptly apportion the funds withheld from a State's
apportionment to the State if the Secretary approves
the State's highway safety program or determines that
the State has begun implementing an approved program,
as appropriate, not later than July 31st of the fiscal
year for which the funds were withheld. If the
Secretary determines that the State did not correct its
failure within such period, the Secretary shall
reapportion the withheld funds to the other States in
accordance with the formula specified in paragraph (2)
not later than the last day of the fiscal year.
[(4)] (5) Automated traffic enforcement systems.--
(A) Prohibition.--A State may not expend
funds apportioned to that State under this
section to carry out a program to purchase,
operate, or maintain an automated traffic
enforcement system.
(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 speed enforcement camera
systems and red light camera systems guidelines
established by the Secretary.
[(B)] (D) Automated traffic enforcement
system defined.--In this paragraph, the term
``automated traffic enforcement system'' means
any camera which captures an image of a vehicle
for the purposes only of red light and speed
enforcement, and does not include hand held
radar and other devices operated by law
enforcement officers to make an on-the-scene
traffic stop, issue a traffic citation, or
other enforcement action at the time of the
violation.
[(C) Survey.--A State in which an automated
traffic enforcement system is installed shall
expend funds apportioned to that State under
this section to conduct a biennial survey that
the Secretary shall make publicly available
through the Internet Web site of the Department
of Transportation that includes--
[(i) a list of automated traffic
enforcement systems in the State;
[(ii) adequate data to measure the
transparency, accountability, and
safety attributes of each automated
traffic enforcement system; and
[(iii) a comparison of each automated
traffic enforcement system with--
[(I) Speed Enforcement Camera
Systems Operational Guidelines
(DOT HS 810 916, March 2008);
and
[(II) Red Light Camera
Systems Operational Guidelines
(FHWA-SA-05-002, January
2005).]
(d) All provisions of chapter 1 of this title that are
applicable to National Highway System highway funds other than
provisions relating to the apportionment formula and provisions
limiting the expenditure of such funds to the Federal-aid
systems, shall apply to the highway safety funds authorized to
be appropriated to carry out this section, except as determined
by the Secretary to be inconsistent with this section, and
except that the aggregate of all expenditures made during any
fiscal year by a State and its political subdivisions
(exclusive of Federal funds) for carrying out the State highway
safety program (other than planning and administration) shall
be available for the purpose of crediting such State during
such fiscal year for the non-Federal share of the cost of any
project under this section (other than one for planning or
administration) without regard to whether such expenditures
were actually made in connection with such project and except
that, in the case of a local highway safety program carried out
by an Indian tribe, if the Secretary is satisfied that an
Indian tribe does not have sufficient funds available to meet
the non-Federal share of the cost of such program, he may
increase the Federal share of the cost thereof payable under
this Act to the extent necessary. In applying such provisions
of chapter 1 in carrying out this section the term ``State
transportation department'' as used in such provisions shall
mean the Governor of a State for the purposes of this section.
(e) Uniform guidelines promulgated by the Secretary to carry
out this section shall be developed in cooperation with the
States, their political subdivisions, appropriate Federal
departments and agencies, and such other public and private
organizations as the Secretary deems appropriate.
(f) The Secretary may make arrangements with other Federal
departments and agencies for assistance in the preparation of
uniform guidelines for the highway safety programs contemplated
by subsection (a) and in the administration of such programs.
Such departments and agencies are directed to cooperate in such
preparation and administration, on a reimbursable basis.
(g) Restriction.--Nothing in this section may be construed to
authorize the appropriation or expenditure of funds for highway
construction, maintenance, or design (other than design of
safety features of highways to be incorporated into
guidelines).
(h) Application in Indian Country.--
(1) Use of terms.--For the purpose of application of
this section in Indian country, the terms ``State'' and
``Governor of a State'' include the Secretary of the
Interior and the term ``political subdivision of a
State'' includes an Indian tribe.
(2) Expenditures for local highway programs.--
Notwithstanding subsection (b)(1)(C), 95 percent of the
funds apportioned to the Secretary of the Interior
under this section shall be expended by Indian tribes
to carry out highway safety programs within their
jurisdictions.
(3) Access for individuals with disabilities.--The
requirements of subsection (b)(1)(D) shall be
applicable to Indian tribes, except to those tribes
with respect to which the Secretary determines that
application of such provisions would not be
practicable.
(4) Indian country defined.--In this subsection, the
term ``Indian country'' means--
(A) all land within the limits of any Indian
reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent and including rights-of-way running
through the reservation;
(B) all dependent Indian communities within
the borders of the United States, whether
within the original or subsequently acquired
territory thereof and whether within or without
the limits of a State; and
(C) all Indian allotments, the Indian titles
to which have not been extinguished, including
rights-of-way running through such allotments.
(i) Rulemaking Proceeding.--The Secretary may periodically
conduct a rulemaking process to identify highway safety
programs that are highly effective in reducing motor vehicle
crashes, injuries, and deaths. Any such rulemaking shall take
into account the major role of the States in implementing such
programs. When a rule promulgated in accordance with this
section takes effect, States shall consider these highly
effective programs when developing their highway safety
programs.
(j) Law Enforcement Vehicular Pursuit Training.--A State
shall actively encourage all relevant law enforcement agencies
in such State to follow the guidelines established for
vehicular pursuits issued by the International Association of
Chiefs of Police that are in effect on the date of enactment of
this subsection or as revised and in effect after such date as
determined by the Secretary.
(k) Highway Safety Plan and Reporting Requirements.--
(1) In general.--With respect to fiscal year 2014,
and each fiscal year thereafter, the Secretary shall
require each State, as a condition of the approval of
the State's highway safety program for that fiscal
year, to develop and submit to the Secretary for
approval a highway safety plan that complies with the
requirements under this subsection.
(2) Timing.--Each State shall submit to the Secretary
the highway safety plan not later than July 1st of the
fiscal year preceding the fiscal year to which the plan
applies.
(3) Electronic submission.--The Secretary, in
coordination with the Governors Highway Safety
Association, shall develop procedures to allow States
to submit highway safety plans under this subsection,
including any attachments to the plans, in electronic
form.
(4) Contents.--State highway safety plans submitted
under paragraph (1) shall include--
(A) performance measures required by the
Secretary or otherwise necessary to support
additional State safety goals, including--
(i) documentation of current safety
levels for each performance measure;
(ii) quantifiable annual performance
targets for each performance measure;
and
(iii) a justification for each
performance target, that explains why
each target is appropriate and
evidence-based;
(B) a strategy for programming funds
apportioned to the State under this section on
projects and activities that will allow the
State to meet the performance targets described
in subparagraph (A);
(C) data and data analysis supporting the
effectiveness of proposed countermeasures;
(D) a description of any Federal, State,
local, or private funds that the State plans to
use, in addition to funds apportioned to the
State under this section, to carry out the
strategy described in subparagraph (B);
(E) for the fiscal year preceding the fiscal
year to which the plan applies, a report on the
State's success in meeting State safety goals
and performance targets set forth in the
previous year's highway safety plan; and
(F) an application for any additional grants
available to the State under this chapter.
(5) Performance measures.--For the first highway
safety plan submitted under this subsection, the
performance measures required by the Secretary under
paragraph (3)(A) shall be limited to those developed by
the National Highway Traffic Safety Administration and
the Governor's Highway Safety Association and described
in the report, ``Traffic Safety Performance Measures
for States and Federal Agencies'' (DOT HS 811 025). For
subsequent highway safety plans, the Secretary shall
coordinate with the Governor's Highway Safety
Association in making revisions to the set of required
performance measures.
(6) Review of highway safety plans.--
(A) In general.--Not later than 45 days after
the date on which a State's highway safety plan
is received by the Secretary, the Secretary
shall review and approve or disapprove the
plan.
(B) Approvals and disapprovals.--
(i) Approvals.--The Secretary shall
approve a State's highway safety plan
if the Secretary determines that--
(I) the plan and the
performance targets contained
in the plan are evidence-based
and supported by data; and
(II) the plan, once
implemented, will allow the
State to meet the State's
performance targets.
(ii) Disapprovals.--The Secretary
shall disapprove a State's highway
safety plan if the Secretary determines
that--
(I) the plan and the
performance targets contained
in the plan are not evidence-
based or supported by data; or
(II) the plan does not
provide for programming of
funding in a manner sufficient
to allow the State to meet the
State's performance targets.
(C) Actions upon disapproval.--If the
Secretary disapproves a State's highway safety
plan, the Secretary shall--
(i) inform the State of the reasons
for such disapproval; and
(ii) require the State to resubmit
the plan with any modifications that
the Secretary determines to be
necessary.
(D) Review of resubmitted plans.--If the
Secretary requires a State to resubmit a
highway safety plan, with modifications, the
Secretary shall review and approve or
disapprove the modified plan not later than 30
days after the date on which the Secretary
receives such plan.
(E) Public notice.--A State shall make the
State's highway safety plan, and decisions of
the Secretary concerning approval or
disapproval of a revised plan, available to the
public.
(m) Teen Traffic Safety.--
(1) In general.--Subject to the requirements of a
State's highway safety plan, as approved by the
Secretary under subsection (k), a State may use a
portion of the amounts received under this section to
implement statewide efforts to improve traffic safety
for teen drivers.
(2) Use of funds.--Statewide efforts under paragraph
(1)--
(A) shall include peer-to-peer education and
prevention strategies in schools and
communities designed to--
(i) increase safety belt use;
(ii) reduce speeding;
(iii) reduce impaired and distracted
driving;
(iv) reduce underage drinking; and
(v) reduce other behaviors by teen
drivers that lead to injuries and
fatalities; and
(B) may include--
(i) working with student-led groups
and school advisors to plan and
implement teen traffic safety programs;
(ii) providing subgrants to schools
throughout the State to support the
establishment and expansion of student
groups focused on teen traffic safety;
(iii) providing support, training,
and technical assistance to establish
and expand school and community safety
programs for teen drivers;
(iv) creating statewide or regional
websites to publicize and circulate
information on teen safety programs;
(v) conducting outreach and providing
educational resources for parents;
(vi) establishing State or regional
advisory councils comprised of teen
drivers to provide input and
recommendations to the governor and the
governor's safety representative on
issues related to the safety of teen
drivers;
(vii) collaborating with law
enforcement;
(viii) establishing partnerships and
promoting coordination among community
stakeholders, including public, not-
for-profit, and for profit entities;
(ix) increase driver awareness of
commercial motor vehicles to prevent
crashes and reduce injuries and
fatalities; and
(x) support for school-based driver's
education classes to improve teen
knowledge about--
(I) safe driving practices;
and
(II) State graduated driving
license requirements, including
behind-the-wheel training
required to meet those
requirements.
(n) [Public Transparency.--] [The Secretary] Public
Transparency._
(1) In general._The Secretary shall publicly release
on its website information that contains each State's
performance with respect to the State's highway safety
plan under subsection (k) and performance targets set
by the States in such plans. Such information shall be
posted on the website within 45 calendar days of
approval of a State's highway safety plan.
(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. 403. Highway safety research and development
(a) Defined Term.--In this section, the term ``Federal
laboratory'' includes--
(1) a government-owned, government-operated
laboratory; and
(2) a government-owned, contractor-operated
laboratory.
(b) General Authority.--
(1) Research and development activities.--The
Secretary may conduct research and development
activities, including demonstration projects, training,
and the collection and analysis of highway and motor
vehicle safety data and related information needed to
carry out this section, with respect to--
(A) all aspects of highway and traffic safety
systems and conditions relating to--
(i) vehicle, highway, driver,
passenger, motorcyclist, bicyclist, and
pedestrian characteristics;
(ii) [accident] crash causation and
investigations;
(iii) communications; and
(iv) emergency medical services,
including the transportation of the
injured;
(B) human behavioral factors and their effect
on highway and traffic safety, including--
(i) driver education;
(ii) impaired driving; and
(iii) distracted driving;
(C) an evaluation of the effectiveness of
countermeasures to increase highway and traffic
safety, including occupant protection and
alcohol- and drug-impaired driving technologies
and initiatives;
(D) the development of technologies to detect
drug impaired drivers;
(E) research on, evaluations of, and
identification of best practices related to
driver education programs (including driver
education curricula, instructor training and
certification, program administration, and
delivery mechanisms) and make recommendations
for harmonizing driver education and multistage
graduated licensing systems; and
(F) the effect of State laws on any aspects,
activities, or programs described in
subparagraphs (A) through (E).
(2) Cooperation, grants, and contracts.--The
Secretary may carry out this section--
(A) independently;
(B) in cooperation with other Federal
departments, agencies, and instrumentalities
and Federal laboratories;
(C) by entering into contracts, cooperative
agreements, and other transactions with the
National Academy of Sciences, any Federal
laboratory, State or local agency, authority,
association, institution, foreign government
(in coordination with the Department of State)
or person (as defined in chapter 1 of title 1);
or
(D) by making grants to the National Academy
of Sciences, any Federal laboratory, State or
local agency, authority, association,
institution, or person (as defined in chapter 1
of title 1).
(c) Collaborative Research and Development.--
(1) In general.--To encourage innovative solutions to
highway safety problems, stimulate voluntary
improvements in highway safety, and stimulate the
marketing of new highway safety related technology by
private industry, the Secretary is authorized to carry
out, on a cost-shared basis, collaborative research and
development with--
(A) non-Federal entities, including State and
local governments, foreign governments,
colleges, universities, corporations,
partnerships, sole proprietorships,
organizations, and trade associations that are
incorporated or established under the laws of
any State or the United States; and
(B) Federal laboratories.
(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and
development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a)) in which the Secretary provides not more
than 50 percent of the cost of any research or
development project under this subsection.
(3) Use of technology.--The research, development, or
use of any technology pursuant to an agreement under
this subsection, including the terms under which
technology may be licensed and the resulting royalties
may be distributed, shall be subject to the provisions
of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.).
(d) Title to Equipment.--In furtherance of the purposes set
forth in section 402, the Secretary may vest title to equipment
purchased for demonstration projects with funds authorized
under this section to State or local agencies on such terms and
conditions as the Secretary determines to be appropriate.
(e) Prohibition on Certain Disclosures.--Any report of the
National Highway Traffic Safety Administration, or of any
officer, employee, or contractor of the National Highway
Traffic Safety Administration, relating to any highway traffic
[accident] crash or the investigation of such [accident] crash
conducted pursuant to this chapter or chapter 301 of title 49
may only be made available to the public in a manner that does
not identify individuals.
(f) Cooperative Research and Evaluation.--
(1) Establishment and funding.--Notwithstanding the
apportionment formula set forth in section 402(c)(2),
[$2,500,000] $3,500,000 of the total amount available
for apportionment to the States for highway safety
programs under [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,] section 402(c)(2) in each fiscal
year 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.
(2) Administration.--The program established under
paragraph (1)--
(A) shall be administered by the
Administrator of the National Highway Traffic
Safety Administration; and
(B) shall be jointly managed by the Governors
Highway Safety Association and the National
Highway Traffic Safety Administration.
(g) International Cooperation.--The Administrator of the
National Highway Traffic Safety Administration may participate
and cooperate in international activities to enhance highway
safety.
[(h) In-vehicle Alcohol Detection Device Research.--
[(1) In general.--The Administrator of the National
Highway Traffic Safety Administration shall carry out a
collaborative research effort under chapter 301 of
title 49 on in-vehicle technology to prevent alcohol-
impaired driving.
[(2) Funding.--The Secretary shall obligate from
funds made available to carry out this section for the
period covering fiscal years 2017 through 2021 not more
than $26,560,000' to conduct the research described in
paragraph (1).
[(3) Privacy protection.--The Administrator shall not
develop requirements for any device or means of
technology to be installed in an automobile intended
for retail sale that records a driver's blood alcohol
concentration.
[(4) Reports.--The Administrator shall submit an
annual report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and Committee on Science, Space, and
Technology of the House of Representatives that--
[(A) describes the progress made in carrying
out the collaborative research effort; and
[(B) includes an accounting for the use of
Federal funds obligated or expended in carrying
out that effort.
[(5) Definitions.--In this subsection:
[(A) Alcohol-impaired driving.--The term
``alcohol-impaired driving'' means the
operation of a motor vehicle (as defined in
section 30102(a)(6) of title 49 ) by an
individual whose blood alcohol content is at or
above the legal limit.
[(B) Legal limit.--The term ``legal limit''
means a blood alcohol concentration of 0.08
percent or greater (as set forth in section
163(a)) or such other percentage limitation as
may be established by applicable Federal,
State, or local law.]
[(i)] (h) Limitation on Drug and Alcohol Survey Data.--The
Secretary shall establish procedures and guidelines to ensure
that any person participating in a program or activity that
collects data on drug or alcohol use by drivers of motor
vehicles and is carried out under this section is informed that
the program or activity is voluntary.
[(j)] (i) Federal Share.--The Federal share of the cost of
any project or activity carried out under this section may be
not more than 100 percent.
(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;
(B) evaluating the results of such data; and
(C) developing and implementing programs to
reduce the occurrence of racial profiling.
(3) Limitations.--The total amount of grants made to
a State under this section in a fiscal year may not
exceed--
(A) 10 percent of the amount made available
to carry out this section in the fiscal year
for States eligible under paragraph (1)(A); and
(B) 5 percent of the amount made available to
carry out this section in the fiscal year for
States eligible under paragraph (1)(B).
(4) Funding.--From funds made available under this
section, the Secretary shall set aside $15,000,000 for
each fiscal year to carry out this subsection.
[Sec. 404. High-visibility enforcement program
[(a) In General.--The Secretary shall establish and
administer a program under which not less than 3 campaigns will
be carried out in each of fiscal years 2016 through 2020.
[(b) Purpose.--The purpose of each campaign carried out under
this section shall be to achieve outcomes related to not less
than 1 of the following objectives:
[(1) Reduce alcohol-impaired or drug-impaired
operation of motor vehicles.
[(2) Increase use of seatbelts by occupants of motor
vehicles.
[(c) Advertising.--The Secretary may use, or authorize the
use of, funds available to carry out this section to pay for
the development, production, and use of broadcast and print
media advertising and Internet-based outreach in carrying out
campaigns under this section. In allocating such funds,
consideration shall be given to advertising directed at non-
English speaking populations, including those who listen to,
read, or watch nontraditional media.
[(d) Coordination With States.--The Secretary shall
coordinate with States in carrying out the campaigns under this
section, including advertising funded under subsection (c),
with consideration given to--
[(1) relying on States to provide law enforcement
resources for the campaigns out of funding made
available under sections 402 and 405; and
[(2) providing, out of National Highway Traffic
Safety Administration resources, most of the means
necessary for national advertising and education
efforts associated with the campaigns.
[(e) Use of Funds.--Funds made available to carry out this
section may be used only for activities described in subsection
(c).
[(f) Definitions.--In this section, the following definitions
apply:
[(1) Campaign.--The term ``campaign'' means a high-
visibility traffic safety law enforcement campaign.
[(2) State.--The term ``State'' has the meaning given
that term in section 401.]
Sec. 404. National safety campaigns
(a) In General.--The Secretary shall establish and administer
a program under which not less than 3 high-visibility
enforcement campaigns and not less than 3 public awareness
campaigns will be carried out in each of fiscal years 2023
through 2026.
(b) High-visibility Enforcement.--In carrying out the
requirements under paragraph (a), the Secretary shall ensure
that in each fiscal year not less than 1 high-visibility
enforcement campaign is carried out to--
(1) reduce alcohol-impaired operation of a motor
vehicle;
(2) reduce alcohol-impaired and drug-impaired
operation of a motor vehicle; and
(3) increase use of seatbelts by occupants of motor
vehicles.
(c) Public Awareness.--The purpose of each public awareness
campaign carried out under this section shall be to achieve
outcomes related to not less than 1 of the following
objectives:
(1) Increase the proper use of seatbelts and child
restraints by occupants of motor vehicles.
(2) Reduce instances of distracted driving.
(3) Reduce instances of speeding by drivers.
(d) Advertising.--The Secretary may use, or authorize the use
of, funds available to carry out this section to pay for the
development, production, and use of broadcast and print media
advertising and Internet-based outreach in carrying out
campaigns under this section. In allocating such funds,
consideration shall be given to advertising directed at non-
English speaking populations, including those who listen to,
read, or watch nontraditional media.
(e) Coordination With States.--The Secretary shall coordinate
with States in carrying out the high-visibility enforcement
campaigns under this section, including advertising funded
under subsection (d), with consideration given to--
(1) relying on States to provide law enforcement
resources for the campaigns out of funding made
available under sections 402 and 405; and
(2) providing, out of National Highway Traffic Safety
Administration resources, most of the means necessary
for national advertising and education efforts
associated with the campaigns.
(f) Coordination of Dynamic Highway Message Signs.--During
national high-visibility enforcement emphasis periods supported
by these funds, the Federal Highway Administration and the
National Highway Traffic Safety Administration shall coordinate
with State departments of transportation on the use of dynamic
highway message signs to support high-visibility national
emphasis activities.
(g) Use of Funds.--Funds made available to carry out this
section may be used only for activities described in
subsections (c) and (d).
(h) Definition.--In this section:
(1) Campaign.--The term ``campaign'' means a high-
visibility traffic safety law enforcement campaign or a
traffic safety public awareness campaign.
(2) Dynamic highway.--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 travelers.
(3) State.--The ``State'' has the meaning given that
term in section 401.
Sec. 405. National priority safety programs
(a) General Authority.--Subject to the requirements of this
section, the Secretary shall manage programs to address
national priorities for reducing highway deaths and injuries.
Funds shall be allocated according to the following:
(1) Occupant protection.--In each fiscal year, [13
percent] 12.85 percent of the funds provided under this
section shall be allocated among States that adopt and
implement effective occupant protection programs to
reduce highway deaths and injuries resulting from
individuals riding unrestrained or improperly
restrained in motor vehicles (as described in
subsection (b)).
(2) State traffic safety information system
improvements.--In each fiscal year, [14.5 percent] 14.3
percent of the funds provided under this section shall
be allocated among States that meet requirements with
respect to State traffic safety information system
improvements (as described in subsection (c)).
(3) Impaired driving countermeasures.--In each fiscal
year, [52.5 percent] 51.75 percent of the funds
provided under this section shall be allocated among
States that meet requirements with respect to impaired
driving countermeasures (as described in subsection
(d)).
(4) Distracted driving.--In each fiscal year, [8.5
percent] 8.3 percent of the funds provided under this
section shall be allocated among States that adopt and
implement effective laws to reduce distracted driving
(as described in subsection (e)).
(5) Motorcyclist safety.--In each fiscal year, 1.5
percent of the funds provided under this section shall
be allocated among States that implement motorcyclist
safety programs (as described in subsection (f)).
(6) State graduated driver licensing laws.--In each
fiscal year, [5 percent] 4.9 percent of the funds
provided under this section shall be allocated among
States that adopt and implement graduated driver
licensing laws (as described in subsection (g)).
(7) Nonmotorized safety.--In each fiscal year, [5
percent] 4.9 percent of the funds provided under this
section shall be allocated among States that meet
requirements with respect to nonmotorized safety (as
described in subsection (h)).
(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)).
[(8)] (9) Transfers.--Notwithstanding [paragraphs (1)
through (7)] paragraphs (1) through (8), the Secretary
shall reallocate, before the last day of any fiscal
year, any amounts remaining available to carry out any
of the activities described in [subsections (b) through
(h)] subsections (b) through (i) to increase the amount
made available to carry out any of the other activities
described in such subsections, or the amount made
available under section 402, in order to ensure, to the
maximum extent possible, that all such amounts are
obligated during such fiscal year.
[(9)] (10) Maintenance of effort.--
(A) Certification.--As part of the grant
application required in section 402(k)(3)(F), a
State receiving a grant in any fiscal year
under subsection (b), (c), or (d) of this
section shall provide certification that the
lead State agency responsible for programs
described in any of those subsections is
maintaining aggregate expenditures at or above
the average level of such expenditures in the 2
fiscal years prior to the [date of enactment of
the FAST Act] date of enactment of the INVEST
in America Act.
(B) Waiver.--Upon the request of a State, the
Secretary may waive or modify the requirements
under subparagraph (A) for not more than 1
fiscal year if the Secretary determines that
such a waiver would be equitable due to
exceptional or uncontrollable circumstances.
[(10)] (11) Political subdivisions.--A State may
provide the funds awarded under this section to a
political subdivision of the State or an Indian tribal
government.
(b) Occupant Protection Grants.--
(1) General authority.--Subject to the requirements
under this subsection, the Secretary of Transportation
shall award grants to States that adopt and implement
effective occupant protection programs to reduce
highway deaths and injuries resulting from individuals
riding unrestrained or improperly restrained in motor
vehicles.
(2) Federal share.--The Federal share of the costs of
activities funded using amounts from grants awarded
under this subsection may not exceed 80 percent for
each fiscal year for which a State receives a grant.
(3) Eligibility.--
(A) High seat belt use rate.--A State with an
observed seat belt use rate of 90 percent or
higher, based on the most recent data from a
survey that conforms with national criteria
established by the National Highway Traffic
Safety Administration, shall be eligible for a
grant in a fiscal year if the State--
(i) submits an occupant protection
plan during the first fiscal year;
(ii) participates in the Click It or
Ticket national mobilization;
(iii) has an active network of child
restraint inspection stations; and
(iv) has a plan to recruit, train,
and maintain a sufficient number of
child passenger safety technicians.
(B) Lower seat belt use rate.--A State with
an observed seat belt use rate below 90
percent, based on the most recent data from a
survey that conforms with national criteria
established by the National Highway Traffic
Safety Administration, shall be eligible for a
grant in a fiscal year if--
(i) the State meets all of the
requirements under clauses (i) through
(iv) of subparagraph (A); and
(ii) the Secretary determines that
the State meets at least 3 of the
following criteria:
(I) The State conducts
sustained (on-going and
periodic) seat belt enforcement
at a defined level of
participation during the year.
(II) The State has enacted
and enforces a primary
enforcement seat belt use law.
(III) The State has
implemented countermeasure
programs for high-risk
populations, such as drivers on
rural roadways, unrestrained
nighttime drivers, or teenage
drivers.
(IV) The State has enacted
and enforces occupant
protection laws requiring front
and rear occupant protection
use by all occupants in an age-
appropriate restraint.
(V) The State has implemented
a comprehensive occupant
protection program in which the
State has--
(aa) conducted a
program assessment;
(bb) developed a
statewide strategic
plan;
(cc) designated an
occupant protection
coordinator; and
(dd) established a
statewide occupant
protection task force.
(VI) The State--
(aa) completed an
assessment of its
occupant protection
program during the 3-
year period preceding
the grant year; or
(bb) will conduct
such an assessment
during the first year
of the grant.
(4) Use of grant amounts.--
(A) In general.--Grant funds received
pursuant to this subsection may be used to--
(i) carry out a program to support
high-visibility enforcement
mobilizations, including paid media
that emphasizes publicity for the
program, and law enforcement;
(ii) carry out a program to train
occupant protection safety
professionals, police officers, fire
and emergency medical personnel,
educators, and parents concerning all
aspects of the use of child restraints
and occupant protection;
(iii) carry out a program to educate
the public concerning the proper use
and installation of child restraints,
including related equipment and
information systems;
(iv) carry out a program to provide
community child passenger safety
services, including programs about
proper seating positions for children
and how to reduce the improper use of
child restraints;
[(v) purchase and distribute child
restraints to low-income families,
provided that not more than 5 percent
of the funds received in a fiscal year
are used for such purpose; and]
(v) implement programs in low-income
and underserved populations to--
(I) recruit and train
occupant protection safety
professionals, nationally
certified child passenger
safety technicians, police
officers, fire and emergency
medical personnel, and
educators serving low-income
and underserved populations;
(II) educate parents and
caregivers in low-income and
underserved populations about
the proper use and installation
of child safety seats; and
(III) purchase and distribute
child safety seats to low-
income and underserved
populations; and
(vi) establish and maintain
information systems containing data
concerning occupant protection,
including the collection and
administration of child passenger
safety and occupant protection surveys.
(B) High seat belt use rate.--A State that is
eligible for funds under paragraph (3)(A) may
use up to [100 percent] 90 percent of such
funds for any project or activity eligible for
funding under section 402. The remaining 10
percent of such funds shall be used to carry
out subsection (A)(v).
(5) 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.
(6) Definitions.--In this subsection:
(A) Child restraint.--The term ``child
restraint'' means any device (including child
safety seat, booster seat, harness, and
excepting seat belts) that is--
(i) designed for use in a motor
vehicle to restrain, seat, or position
children who weigh 65 pounds (30
kilograms) or less; and
(ii) certified to the Federal motor
vehicle safety standard prescribed by
the National Highway Traffic Safety
Administration for child restraints.
(B) Seat belt.--The term ``seat belt''
means--
(i) with respect to open-body motor
vehicles, including convertibles, an
occupant restraint system consisting of
a lap belt or a lap belt and a
detachable shoulder belt; and
(ii) with respect to other motor
vehicles, an occupant restraint system
consisting of integrated lap and
shoulder belts.
(c) State Traffic Safety Information System Improvements.--
(1) General authority.--Subject to the requirements
under this subsection, the Secretary of Transportation
shall award grants to States to support the development
and implementation of effective State programs that--
(A) improve the timeliness, accuracy,
completeness, uniformity, integration, and
accessibility of the State safety data that is
needed to identify priorities for Federal,
State, and local highway and traffic safety
programs;
(B) evaluate the effectiveness of efforts to
make such improvements;
(C) link the State data systems, including
traffic records, with other data systems within
the State, such as systems that contain
medical, roadway, and economic data;
(D) improve the compatibility and
interoperability of the data systems of the
State with national data systems and data
systems of other States; and
(E) enhance the ability of the Secretary to
observe and analyze national trends in crash
occurrences, rates, outcomes, and
circumstances.
(2) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State
program described in this subsection may not exceed 80
percent.
(3) Eligibility.--A State is not eligible for a grant
under this subsection in a fiscal year unless the State
demonstrates, to the satisfaction of the Secretary,
that the State--
(A) has a functioning traffic records
coordinating committee (referred to in this
paragraph as ``TRCC'') that meets at least 3
times each year;
(B) has designated a TRCC coordinator;
(C) has established a State traffic record
strategic plan that has been approved by the
TRCC and describes specific quantifiable and
measurable improvements anticipated in the
State's core safety databases, including crash,
citation or adjudication, driver, emergency
medical services or injury surveillance system,
roadway, and vehicle databases;
(D) has demonstrated quantitative progress in
relation to the significant data program
attribute of--
(i) accuracy;
(ii) completeness;
(iii) timeliness;
(iv) uniformity;
(v) accessibility; or
(vi) integration of a core highway
safety database; and
(E) has certified to the Secretary that an
assessment of the State's highway safety data
and traffic records system was conducted or
updated during the preceding [5] 10 years.
[(4) Use of grant amounts.--Grant funds received by a
State under this subsection shall be used for 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).]
(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 information
technology for programs to identify, collect,
and report data to State and local government
agencies, and enter data, including crash,
citation and adjudication, driver, emergency
medical services or injury surveillance system,
roadway, and vehicle, into the core highway
safety databases of a State;
(C) purchasing equipment used to identify,
collect, and report State safety data to
support State efforts to improve State traffic
safety information systems;
(D) linking core highway safety databases of
a State with such databases of other States;
(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) costs associated with training State and
local personnel on ways to improve State
traffic safety information systems;
(G) hiring a Fatality Analysis Reporting
System liaison for a State; and
(H) 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.
(5) 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.
(d) Impaired Driving Countermeasures.--
(1) In general.--Subject to the requirements under
this subsection, the Secretary of Transportation shall
award grants to States that adopt and implement--
(A) effective programs to reduce driving
under the influence of alcohol, drugs, or the
combination of alcohol and drugs; or
(B) alcohol-ignition interlock laws.
(2) Federal share.--The Federal share of the costs of
activities funded using amounts from grants under this
subsection may not exceed 80 percent in any fiscal year
in which the State receives a grant.
(3) Eligibility.--
(A) Low-range states.--Low-range States shall
be eligible for a grant under this subsection.
(B) Mid-range states.--A mid-range State
shall be eligible for a grant under this
subsection if--
(i) a statewide impaired driving task
force in the State developed a
statewide plan during the most recent 3
calendar years to address the problem
of impaired driving; or
(ii) the State will convene a
statewide impaired driving task force
to develop such a plan during the first
year of the grant.
(C) High-range states.--A high-range State
shall be eligible for a grant under this
subsection if the State--
(i)(I) conducted an assessment of the
State's impaired driving program during
the most recent 3 calendar years; or
(II) will conduct such an assessment
during the first year of the grant;
(ii) convenes, during the first year
of the grant, a statewide impaired
driving task force to develop a
statewide plan that--
(I) addresses any
recommendations from the
assessment conducted under
clause (i);
(II) includes a detailed plan
for spending any grant funds
provided under this subsection;
and
(III) describes how such
spending supports the statewide
program; and
(iii)(I) submits the statewide plan
to the National Highway Traffic Safety
Administration during the first year of
the grant for the agency's review and
approval;
(II) annually updates the statewide
plan in each subsequent year of the
grant; and
(III) submits each updated statewide
plan for the agency's review and
comment.
(4) Use of grant amounts.--
(A) Required programs.--High-range States
shall use grant funds for--
(i) high-visibility enforcement
efforts; and
(ii) any of the activities described
in subparagraph (B) if--
(I) the activity is described
in the statewide plan; and
(II) the Secretary approves
the use of funding for such
activity.
(B) Authorized programs.--Medium-range and
low-range States may use grant funds for--
(i) any of the purposes described in
subparagraph (A);
(ii) hiring a full-time or part-time
impaired driving coordinator of the
State's activities to address the
enforcement and adjudication of laws
regarding driving while impaired by
alcohol, drugs, or the combination of
alcohol and drugs;
[(iii) court support of high-
visibility enforcement efforts,
training and education of criminal
justice professionals (including law
enforcement, prosecutors, judges, and
probation officers) to assist such
professionals in handling impaired
driving cases, hiring traffic safety
resource prosecutors, hiring judicial
outreach liaisons, and establishing
driving while intoxicated courts;]
(iii)(I) court support of high-
visibility enforcement efforts;
(II) hiring criminal justice
professionals, including law
enforcement officers, prosecutors,
traffic safety resource prosecutors,
judges, judicial outreach liaisons, and
probation officers;
(III) training and education of the
criminal justice professionals
described in subclause (II) to assist
those professionals in preventing
impaired driving and handling impaired
driving cases, including by providing
compensation to a law enforcement
officer to replace a law enforcement
officer who is--
(aa) receiving such drug
recognition expert training; or
(bb) participating as an
instructor in such drug
recognition expert training;
and
(IV) establishing driving
while intoxicated courts;
(iv) alcohol ignition interlock
programs;
[(v) improving blood-alcohol
concentration testing and reporting;
[(vi) paid and earned media in
support of high-visibility enforcement
efforts, conducting standardized field
sobriety training, advanced roadside
impaired driving evaluation training,
and drug recognition expert training
for law enforcement, and equipment and
related expenditures used in connection
with impaired driving enforcement in
accordance with criteria established by
the National Highway Traffic Safety
Administration;]
(v) improving--
(I) blood alcohol
concentration screening and
testing;
(II) the detection of
potentially impairing drugs,
including through the use of
oral fluid as a specimen; and
(III) reporting relating to
the testing and detection
described in subclauses (I) and
(II);
(vi)(I) paid and earned media in
support of high-visibility enforcement
efforts;
(II) conducting initial and
continuing--
(aa) standardized field
sobriety training, advanced
roadside impaired driving
enforcement training, and drug
recognition expert training for
law enforcement; and
(bb) law enforcement
phlebotomy training; and
(III) to purchase equipment to carry
out impaired driving enforcement
activities authorized by this
subsection;
(vii) training on the use of alcohol
and drug screening and brief
intervention;
(viii) training for and
implementation of impaired driving
assessment programs or other tools
designed to increase the probability of
identifying the recidivism risk of a
person convicted of driving under the
influence of alcohol, drugs, or a
combination of alcohol and drugs and to
determine the most effective mental
health or substance abuse treatment or
sanction that will reduce such risk;
(ix) developing impaired driving
information systems; [and]
(x) costs associated with a 24-7
sobriety program[.]; and
(xi) testing and implementing
programs and purchasing technologies to
better identify, monitor, or treat
impaired drivers, including--
(I) oral fluid screening
technologies;
(II) electronic warrant
programs;
(III) equipment to increase
the scope, quantity, quality,
and timeliness of forensic
toxicology chemical testing;
(IV) case management software
to support the management of
impaired driving offenders; and
(V) technology to monitor
impaired driving offenders.
(C) Other programs.--[Low-range]
(i) Low-range states._Subject to
clause (iii), low-range States may use
grant funds for any expenditure
designed to reduce impaired driving
based on problem identification and may
use not more than 50 percent of funds
made available under this subsection
for any project or activity eligible
for funding under section 402. [Medium-
range]
(ii) Medium-range and high-range
states._Subject to clause (iii),
medium-range and high-range States may
use funds for any expenditure designed
to reduce impaired driving based on
problem identification upon approval by
the Secretary.
(iii) All states.--
(I) Reporting of impaired
driving criminal justice
information.--A State may use
grant funds for any expenditure
designed to increase the timely
and accurate reporting of crash
information, including
electronic crash reporting
systems that allow accurate
real-time or near real-time
uploading of crash information,
and impaired driving criminal
justice information to Federal,
State, and local databases.
(II) Impaired driving
countermeasures.--A State may
use grant funds for any
expenditure to research or
evaluate impaired driving
countermeasures.
(5) Grant amount.--Subject to paragraph (6), the
allocation of grant funds to a State under this section
for a fiscal year shall be in proportion to the State's
apportionment under section 402 for fiscal year 2009.
(6) Additional grants.--
[(A) Grants to states with alcohol-ignition
interlock laws.--The Secretary shall make a
separate grant under this subsection to each
State that adopts and is enforcing a mandatory
alcohol-ignition interlock law for all
individuals convicted of driving under the
influence of alcohol or of driving while
intoxicated.]
(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 at the time of,
or prior to, a conviction of driving
under the influence of alcohol or of
driving while intoxicated;
(ii) does not allow any individual
required to have an ignition interlock
for driving privileges to drive a motor
vehicle unless such individual installs
an ignition interlock for a minimum
180-day 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 180-day interlock
period unless the driver
successfully completes an
appeal process; and
(II) a compliance-based
removal program in which an
individual required to install
an ignition interlock for a
minimum 180-day interlock
period and have completed a
minimum consecutive period of
not less than 60 days of the
required interlock period
immediately preceding the date
of release, without a confirmed
violation, as defined by State
law or regulations, of driving
under the influence of alcohol
or driving while intoxicated.
(B) Grants to states with 24-7 sobriety
programs.--The Secretary shall make a separate
grant under this subsection to each State
that--
(i) adopts and is enforcing a law
that requires all individuals convicted
of driving under the influence of
alcohol or of driving while intoxicated
to receive a restriction on driving
privileges; and
(ii) provides a 24-7 sobriety
program.
(C) Use of funds.--Grants authorized under
subparagraph (A) and subparagraph (B) may be
used by recipient States for any eligible
activities under this subsection or section
402.
(D) Allocation.--Amounts made available under
this paragraph shall be allocated among States
described in subparagraph (A) and subparagraph
(B) in proportion to the State's apportionment
under section 402 for fiscal year 2009.
(E) Funding.--
(i) Funding for grants to states with
alcohol-ignition interlock laws.--Not
more than 12 percent of the amounts
made available to carry out this
subsection in a fiscal year shall be
made available by the Secretary for
making grants under subparagraph (A).
(ii) Funding for grants to states
with 24-7 sobriety programs.--Not more
than 3 percent of the amounts made
available to carry out this subsection
in a fiscal year shall be made
available by the Secretary for making
grants under subparagraph (B).
(F) Exceptions.--A State alcohol-ignition
interlock law under subparagraph (A) may
include exceptions for the following
circumstances:
(i) The individual is required to
operate an employer's motor vehicle in
the course and scope of employment and
the business entity that owns the
vehicle is not owned or controlled by
the individual.
(ii) The individual is certified by a
medical doctor as being unable to
provide a deep lung breath sample for
analysis by an ignition interlock
device.
(iii) A State-certified ignition
interlock provider is not available
within 100 miles of the individual's
residence.
(7) Definitions.--In this subsection:
(A) 24-7 sobriety program.--The term ``24-7
sobriety program'' means a State law or program
that authorizes a State or local court or an
agency with jurisdiction, as a condition of
bond, sentence, probation, parole, or work
permit, to--
(i) require an individual who was
arrested for, plead guilty to, or was
convicted of driving under the
influence of alcohol or drugs to
totally abstain from alcohol or drugs
for a period of time; and
(ii) require the individual to be
subject to testing for alcohol or
drugs--
(I) at least twice per day at
a testing location;
(II) by continuous
transdermal alcohol monitoring
via an electronic monitoring
device; or
(III) by an alternate method
with the concurrence of the
Secretary.
(B) Average impaired driving fatality rate.--
The term ``average impaired driving fatality
rate'' means the number of fatalities in motor
vehicle crashes involving a driver with a blood
alcohol concentration of at least 0.08 percent
for every 100,000,000 vehicle miles traveled,
based on the most recently reported 3 calendar
years of final data from the Fatality Analysis
Reporting System, as calculated in accordance
with regulations prescribed by the
Administrator of the National Highway Traffic
Safety Administration.
(C) High-range state.--The term ``high-range
State'' means a State that has an average
impaired driving fatality rate of 0.60 or
higher.
(D) Low-range state.--The term ``low-range
State'' means a State that has an average
impaired driving fatality rate of 0.30 or
lower.
(E) Mid-range state.--The term ``mid-range
State'' means a State that has an average
impaired driving fatality rate that is higher
than 0.30 and lower than 0.60.
(e) Distracted Driving Grants.--
(1) In general.--The Secretary shall award a grant
under this subsection to any State that includes
distracted driving awareness as part of the State's
driver's license examination, and enacts and enforces a
law that meets the requirements set forth in
[paragraphs (2) and (3)] paragraph (2).
[(2) Prohibition on texting while driving.--A State
law meets the requirements set forth in this paragraph
if the law--
[(A) prohibits a driver from texting through
a personal wireless communications device while
driving;
[(B) makes violation of the law a primary
offense;
[(C) establishes a minimum fine for a
violation of the law; and
[(D) does not provide for an exemption that
specifically allows a driver to text through a
personal wireless communication device while
stopped in traffic.
[(3) Prohibition on youth cell phone 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 set forth in
subsection (g)(2)(B);
[(B) makes violation of the law a primary
offense;
[(C) establishes a minimum fine for a
violation of the law; and
[(D) does not provide for an exemption that
specifically allows a driver to text through a
personal wireless communication device while
stopped in traffic.]
(2) Allocation.--
(A) In general.--Subject to subparagraphs
(B), (C), and (D), the allocation of grant
funds to a State under this subsection for a
fiscal year shall be in proportion to the
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).
(D) Texting while driving.--Notwithstanding
subparagraphs (B) and (C), a State shall be
allocated 25 percent of the amount calculated
under subparagraph (A) if such State has
enacted and is enforcing a law that prohibits a
driver from viewing a personal wireless
communication device, except for the purpose of
navigation.
(3) Prohibition on handheld personal wireless
communication device use while 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 holding or 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.
[(4)] (5) Permitted exceptions.--A law that meets the
requirements set forth in [paragraph (2) or (3)]
paragraph (3) or (4) may provide exceptions for--
(A) a driver who uses a personal wireless
[communications device to contact emergency
services] communications device during an
emergency to contact emergency services or to
prevent injury to persons or property;
(B) emergency services personnel who use a
personal wireless communications device while--
(i) operating an emergency services
vehicle; and
(ii) engaged in the performance of
their duties as emergency services
personnel;
(C) an individual employed as a commercial
motor vehicle driver or a school bus driver who
uses a personal wireless communications device
within the scope of such individual's
employment if such use is permitted under the
regulations promulgated pursuant to section
31136 of title 49[; and];
(D) a driver who uses a personal wireless
communication device for navigation; and
[(D)] (E) any additional exceptions
determined by the Secretary through a
rulemaking process.
[(5)] (6) Use of grant funds.--
(A) In general.--Except as provided in
subparagraph (B), amounts received by a State
under this subsection shall be used--
(i) to educate the public through
advertising containing information
about the dangers of [texting or using
a cell phone while] distracted driving;
(ii) for traffic signs that notify
drivers about the distracted driving
law of the State; or
(iii) for law enforcement costs
related to the enforcement of the
distracted driving law.
(B) Flexibility.--
(i) Not more than 50 percent of
amounts received by a State under this
subsection may be used for any eligible
project or activity under section 402.
(ii) Not more than 75 percent of
amounts received by a State under this
subsection may be used for any eligible
project or activity under section 402
if the State has conformed its
distracted driving data to the most
recent Model Minimum Uniform Crash
Criteria published by the Secretary.
[(6) Additional distracted driving grants.--
[(A) In general.--Notwithstanding paragraph
(1), for each of fiscal years 2017 and 2018,
the Secretary shall use up to 25 percent of the
amounts available for grants under this
subsection to award grants to any State that--
[(i) in fiscal year 2017--
[(I) certifies that it has
enacted a basic text messaging
statute that--
[(aa) is applicable
to drivers of all ages;
and
[(bb) makes violation
of the basic text
messaging statute a
primary offense or
secondary enforcement
action as allowed by
State statute; and
[(II) is otherwise ineligible
for a grant under this
subsection; and
[(ii) in fiscal year 2018--
[(I) certifies that it has
enacted a basic text messaging
statute that--
[(aa) is applicable
to drivers of all ages;
and
[(bb) makes violation
of the basic text
messaging statute a
primary offense;
[(II) imposes fines for
violations;
[(III) has a statute that
prohibits drivers who are
younger than 18 years of age
from using a personal wireless
communications device while
driving; and
[(IV) is otherwise ineligible
for a grant under this
subsection.
[(B) Use of grant funds.--
[(i) In general.--Notwithstanding
paragraph (5) and subject to clauses
(ii) and (iii) of this subparagraph,
amounts received by a State under
subparagraph (A) may be used for
activities related to the enforcement
of distracted driving laws, including
for public information and awareness
purposes.
[(ii) Fiscal year 2017.--In fiscal
year 2017, up to 15 percent of the
amounts received by a State under
subparagraph (A) may be used for any
eligible project or activity under
section 402.
[(iii) Fiscal year 2018.--In fiscal
year 2018, up to 25 percent of the
amounts received by a State under
subparagraph (A) may be used for any
eligible project or activity under
section 402.]
(7) Allocation to support state distracted driving
laws.--[Of the amounts] In addition to the amounts
authorized under section 404 and of the amounts
available under this subsection in a fiscal year for
distracted driving grants, the Secretary may expend not
more than $5,000,000 for the development and placement
of broadcast media to reduce distracted driving of
motor vehicles.
[(8) 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.]
(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).
(9) Definitions.--In this subsection, the following
definitions apply:
(A) Driving.--The term ``driving''--
(i) means operating a motor vehicle
on a public road; and
(ii) does not include operating a
motor vehicle when the vehicle has
pulled over to the side of, or off, an
active roadway and has stopped in a
location where it can safely remain
stationary.
[(B) Personal wireless communications
device.--The term ``personal wireless
communications device''--
[(i) means a device through which
personal wireless services (as 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; and
[(ii) does not include a global
navigation satellite system receiver
used for positioning, emergency
notification, or navigation purposes.]
(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.
(C) Primary offense.--The term ``primary
offense'' means an offense for which a law
enforcement officer may stop a vehicle solely
for the purpose of issuing a citation in the
absence of evidence of another offense.
(D) Public road.--The term ``public road''
has the meaning given such term in section
402(c).
[(E) Texting.--The term ``texting'' means
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.]
(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.
(f) Motorcyclist Safety.--
(1) Grants authorized.--Subject to the requirements
under this subsection, the Secretary shall award grants
to States that adopt and implement effective programs
to reduce the number of single- and multi-vehicle
crashes involving motorcyclists.
(2) 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, except that the
amount of a grant awarded to a State for a fiscal year
may not exceed 25 percent of the amount apportioned to
the State under such section for fiscal year 2009.
(3) Grant eligibility.--A State becomes eligible for
a grant under this subsection by adopting or
demonstrating to the satisfaction of the Secretary, at
least 2 of the following criteria:
(A) Motorcycle rider training courses.--An
effective motorcycle rider training course that
is offered throughout the State, which--
(i) provides a formal program of
instruction in [accident] crash
avoidance and other safety-oriented
operational skills to motorcyclists;
and
(ii) may include innovative training
opportunities to meet unique regional
needs.
(B) Motorcyclists awareness program.--An
effective statewide program to enhance motorist
awareness of the presence of motorcyclists on
or near roadways and safe driving practices
that avoid injuries to motorcyclists.
(C) Reduction of fatalities and crashes
involving motorcycles.--A reduction for the
preceding calendar year in the number of
motorcycle fatalities and the rate of motor
vehicle crashes involving motorcycles in the
State (expressed as a function of 10,000
motorcycle registrations).
(D) Impaired driving program.--Implementation
of a statewide program to reduce impaired
driving, including specific measures to reduce
impaired motorcycle operation.
(E) Reduction of fatalities and accidents
involving impaired motorcyclists.--A reduction
for the preceding calendar year in the number
of fatalities and the rate of reported crashes
involving alcohol- or drug-impaired motorcycle
operators (expressed as a function of 10,000
motorcycle registrations).
(F) Fees collected from motorcyclists.--All
fees collected by the State from motorcyclists
for the purposes of funding motorcycle training
and safety programs will be used for motorcycle
training and safety purposes.
(4) Eligible uses.--
(A) In general.--A State may use funds from a
grant under this subsection only for
motorcyclist safety training and motorcyclist
awareness programs, including--
(i) improvements to motorcyclist
safety training curricula;
(ii) improvements in program delivery
of motorcycle training to both urban
and rural areas, including--
(I) procurement or repair of
practice motorcycles;
(II) instructional materials;
(III) mobile training units;
and
(IV) leasing or purchasing
facilities for closed-course
motorcycle skill training;
(iii) measures designed to increase
the recruitment or retention of
motorcyclist safety training
instructors; and
(iv) public awareness, public service
announcements, and other outreach
programs to enhance driver awareness of
motorcyclists, including ``share-the-
road'' safety messages.
(B) Suballocations of funds.--An agency of a
State that receives a grant under this
subsection may suballocate funds from the grant
to a nonprofit organization incorporated in
that State to carry out this subsection.
(C) Flexibility.--Not more than 50 percent of
grant funds received by a State under this
subsection may be used for any eligible project
or activity under section 402 if the State is
in the lowest 25 percent of all States for
motorcycle deaths per 10,000 motorcycle
registrations based on the most recent data
that conforms with criteria established by the
Secretary.
(5) Definitions.--In this subsection:
(A) Motorcyclist awareness.--The term
``motorcyclist awareness'' means individual or
collective awareness of--
(i) the presence of motorcycles on or
near roadways; and
(ii) safe driving practices that
avoid injury to motorcyclists.
(B) Motorcyclist awareness program.--The term
``motorcyclist awareness program'' means an
informational or public awareness program
designed to enhance motorcyclist awareness that
is developed by or in coordination with the
designated State authority having jurisdiction
over motorcyclist safety issues, which may
include the State motorcycle safety
administrator or a motorcycle advisory council
appointed by the governor of the State.
(C) Motorcyclist safety training.--The term
``motorcyclist safety training'' means a formal
program of instruction that is approved for use
in a State by the designated State authority
having jurisdiction over motorcyclist safety
issues, which may include the State motorcycle
safety administrator or a motorcycle advisory
council appointed by the governor of the State.
(D) State.--The term ``State'' has the
meaning given such term in section 101(a) of
title 23, United States Code.
(6) Share-the-road model language.--Not later than 1
year after the date of enactment of this paragraph, the
Secretary shall update and provide to the States model
language, for use in traffic safety education courses,
driver's manuals, and other driver training materials,
that provides instruction for drivers of motor vehicles
on the importance of sharing the road safely with
motorcyclists.
(g) State Graduated Driver Licensing Incentive Grant.--
(1) Grants authorized.--Subject to the requirements
under this subsection, the Secretary shall award grants
to States that adopt and implement graduated driver
licensing laws in accordance with the requirements set
forth in subparagraphs (A) and (B) of paragraph (2).
[(2) Minimum requirements.--
[(A) In general.--A State meets the
requirements set forth in this paragraph if the
State has a graduated driver licensing law that
requires novice drivers younger than 18 years
of age to comply with the 2-stage licensing
process described in subparagraph (B) before
receiving an unrestricted driver's license.
[(B) Licensing process.--A State is in
compliance with the 2-stage licensing process
described in this subparagraph if the State's
driver's license laws include--
[(i) a learner's permit stage that--
[(I) is at least 6 months in
duration;
[(II) contains a prohibition
on the driver using a personal
wireless communications device
(as defined in subsection (e))
while driving except under an
exception permitted under
paragraph (4) of that
subsection, and makes a
violation of the prohibition a
primary offense;
[(III) requires applicants to
successfully pass a vision and
knowledge assessment prior to
receiving a learner's permit;
[(IV) requires that the
driver be accompanied and
supervised at all times while
the driver is operating a motor
vehicle by a licensed driver
who is at least 21 years of age
or is a State-certified driving
instructor;
[(V) has a requirement that
the driver--
[(aa) complete a
State-certified driver
education or training
course; or
[(bb) obtain at least
50 hours of behind-the-
wheel training, with at
least 10 hours at
night, with a licensed
driver; and
[(VI) remains in effect until
the driver--
[(aa) reaches 16
years of age and enters
the intermediate stage;
or
[(bb) reaches 18
years of age;
[(ii) an intermediate stage that--
[(I) commences immediately
after the expiration of the
learner's permit stage and
successful completion of a
driving skills assessment;
[(II) is at least 6 months in
duration;
[(III) prohibits the driver
from using a personal wireless
communications device (as
defined in subsection (e))
while driving except under an
exception permitted under
paragraph (4) of that
subsection, and makes a
violation of the prohibition a
primary offense;
[(IV) for the first 6 months
of the intermediate stage,
restricts driving at night
between the hours of 10:00 p.m.
and 5:00 a.m. when not
supervised by a licensed driver
21 years of age or older,
excluding transportation to
work, school, religious
activities, or emergencies;
[(V) prohibits the driver
from operating a motor vehicle
with more than 1 nonfamilial
passenger younger than 21 years
of age unless a licensed driver
who is at least 21 years of age
is in the motor vehicle; and
[(VI) remains in effect until
the driver reaches 17 years of
age; and
[(iii) learner's permit and
intermediate stages that each require,
in addition to any other penalties
imposed by State law, that the granting
of an unrestricted driver's license be
automatically delayed for any
individual who, during the learner's
permit or intermediate stage, is
convicted of a driving-related offense
during the first 6 months, including--
[(I) driving while
intoxicated;
[(II) misrepresentation of
the individual's age;
[(III) reckless driving;
[(IV) driving without wearing
a seat belt;
[(V) speeding; or
[(VI) any other driving-
related offense, as determined
by the Secretary.]
(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.
(3) Rulemaking.--
(A) In general.--The Secretary shall
promulgate regulations necessary to implement
the requirements set forth in subparagraphs (A)
and (B) of paragraph (2), in accordance with
the notice and comment provisions under section
553 of title 5.
(B) Exception.--A State that otherwise meets
the minimum requirements set forth in
subparagraphs (A) and (B) of paragraph (2)
shall be deemed by the Secretary to be in
compliance with the requirement set forth in
subparagraphs (A) and (B) of paragraph (2) if
the State enacted a law before January 1, 2011,
establishing a class of license that permits
licensees or applicants younger than 18 years
of age to drive a motor vehicle--
(i) in connection with work performed
on, or for the operation of, a farm
owned by family members who are
directly related to the applicant or
licensee; or
(ii) if demonstrable hardship would
result from the denial of a license to
the licensees or applicants.
(4) Allocation.--Grant funds allocated to a State
under this subsection for a fiscal year shall be in
proportion to a State's apportionment under section 402
for [such fiscal year] fiscal year 2009.
[(5) Use of funds.--Of the grant funds received by a
State under this subsection--
[(A) at least 25 percent shall be used 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; and
[(v) carrying out a teen traffic
safety program described in section
402(m); and
[(B) up to 75 percent may be used for any
eligible project or activity under section
402.]
(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.
(6) Special rule.--Notwithstanding paragraph (5), up
to 100 percent of grant funds received by a State under
this subsection may be used for any eligible project or
activity under section 402, if the State is in the
lowest 25 percent of all States for the number of
drivers under age 18 involved in fatal crashes in the
State per the total number of drivers under age 18 in
the State based on the most recent data that conforms
with criteria established by the Secretary.
(h) Nonmotorized Safety.--
(1) General authority.--Subject to the requirements
under this subsection, the Secretary shall award grants
to States for the purpose of decreasing pedestrian and
bicycle fatalities and injuries that result from
crashes involving a motor vehicle.
(2) Federal share.--The Federal share of the cost of
a project carried out by a State using amounts from a
grant awarded under this subsection may not exceed 80
percent.
(3) Eligibility.--A State shall receive a grant under
this subsection in a fiscal year if the annual combined
pedestrian and bicycle fatalities in the State exceed
15 percent of the total annual crash fatalities in the
State, based on the most recently reported final data
from the Fatality Analysis Reporting System.
[(4) Use of grant amounts.--Grant funds received by a
State under this subsection may be used for--
[(A) training of law enforcement officials on
State laws applicable to pedestrian and bicycle
safety;
[(B) enforcement mobilizations and campaigns
designed to enforce State traffic laws
applicable to pedestrian and bicycle safety;
and
[(C) public education and awareness programs
designed to inform motorists, pedestrians, and
bicyclists of State traffic laws applicable to
pedestrian and bicycle safety.]
(4) Use of grant amounts.--Grant funds received by a
State under this subsection may be used for the safety
of pedestrians and bicyclists, including--
(A) training of law enforcement officials on
pedestrian and bicycle safety, State laws
applicable to pedestrian and bicycle safety,
and infrastructure designed to improve
pedestrian and bicycle safety;
(B) carrying out a program to support
enforcement mobilizations and campaigns
designed to enforce State traffic laws
applicable to pedestrian and bicycle safety;
(C) public education and awareness programs
designed to inform motorists, pedestrians, and
bicyclists about--
(i) pedestrian and bicycle safety,
including information on nonmotorized
mobility and the important of speed
management to the safety of pedestrians
and bicyclists;
(ii) the value of the use of
pedestrian and bicycle safety
equipment, including lighting,
conspicuity equipment, mirrors, helmets
and other protective equipment, and
compliance with any State or local laws
requiring their use;
(iii) State traffic laws applicable
to pedestrian and bicycle safety,
including motorists' responsibilities
towards pedestrians and bicyclists; and
(iv) infrastructure designed to
improve pedestrian and bicycle safety;
and
(D) data analysis and research concerning
pedestrian and bicycle safety.
(5) 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.
(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).
* * * * * * *
CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec.
501. Definitions.
* * * * * * *
520. Every Day Counts initiative.
* * * * * * *
Sec. 502. Surface transportation research, development, and technology
(a) Basic Principles Governing Research and Technology
Investments.--
(1) Applicability.--The research, development, and
technology provisions of this section shall apply
throughout this chapter.
(2) Coverage.--Surface transportation research and
technology development shall include all activities
within the innovation lifecycle leading to technology
development and transfer, as well as the introduction
of new and innovative ideas, practices, and approaches,
through such mechanisms as field applications,
education and training, communications, impact
analysis, and technical support.
(3) Federal responsibility.--Funding and conducting
surface transportation research and technology transfer
activities shall be considered a basic responsibility
of the Federal Government when the work--
(A) is of national significance;
(B) delivers a clear public benefit and
occurs where private sector investment is less
than optimal;
(C) supports a Federal stewardship role in
assuring that State and local governments use
national resources efficiently;
(D) meets and addresses current or emerging
needs;
(E) addresses current gaps in research;
(F) presents the best means to align
resources with multiyear plans and priorities;
(G) ensures the coordination of highway
research and technology transfer activities,
including through activities performed by
university transportation centers;
(H) educates transportation professionals; or
(I) presents the best means to support
Federal policy goals compared to other policy
alternatives.
(4) Role.--Consistent with these Federal
responsibilities, the Secretary shall--
(A) conduct research;
(B) partner with State highway agencies and
other stakeholders as appropriate to facilitate
research and technology transfer activities;
(C) communicate the results of ongoing and
completed research;
(D) lead efforts to coordinate national
emphasis areas of highway research, technology,
and innovation deployment;
(E) leverage partnerships with industry,
academia, international entities, and State
departments of transportation;
(F) lead efforts to reduce unnecessary
duplication of effort; and
(G) lead efforts to accelerate innovation
delivery.
(5) Program content.--A surface transportation
research program shall include--
(A) fundamental, long-term highway research;
(B) research aimed at significant highway
research gaps and emerging issues with national
implications; and
(C) research related to all highway
objectives seeking to improve the performance
of the transportation system.
(6) Stakeholder input.--Federal surface
transportation research and development activities
shall address the needs of stakeholders. Stakeholders
include States, metropolitan planning organizations,
local governments, tribal governments, the private
sector, researchers, research sponsors, and other
affected parties, including public interest groups.
(7) Competition and peer review.--Except as otherwise
provided in this chapter, the Secretary shall award, to
the maximum extent practicable, all grants, contracts,
and cooperative agreements for research and development
under this chapter based on open competition and peer
review of proposals.
(8) Performance review and evaluation.--
(A) In general.--To the maximum extent
practicable, all surface transportation
research and development projects shall include
a component of performance measurement and
evaluation.
(B) Performance measures.--Performance
measures shall be established during the
proposal stage of a research and development
project and shall, to the maximum extent
possible, be outcome-based.
(C) Program plan.--To the maximum extent
practicable, each program pursued under this
chapter shall be part of a data-driven,
outcome-oriented program plan.
(D) Availability of evaluations.--All
evaluations under this paragraph shall be made
readily available to the public.
(9) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the transportation research and
development strategic plan under section 6503 of title
49.
(b) General Authority.--
(1) Research, development, and technology transfer
activities.--The Secretary may carry out research,
development, and technology transfer activities with
respect to--
(A) motor carrier transportation;
(B) all phases of transportation planning and
development (including construction, operation,
transportation system management and
operations, modernization, development, design,
maintenance, safety, financing, and traffic
conditions); and
(C) the effect of State laws on the
activities described in subparagraphs (A) and
(B).
(2) Tests and development.--The Secretary may test,
develop, or assist in testing and developing any
material, invention, patented article, or process.
(3) Cooperation, grants, and contracts.--The
Secretary may carry out research, development, and
technology transfer activities related to
transportation--
(A) independently;
(B) in cooperation with other Federal
departments, agencies, and instrumentalities
and Federal laboratories; or
(C) by making grants to, or entering into
contracts and cooperative agreements with one
or more of the following: the National Academy
of Sciences, the American Association of State
Highway and Transportation Officials, entities
that represent the needs of metropolitan
planning organizations, any Federal laboratory,
Federal agency, State agency, authority,
association, institution, for-profit or
nonprofit corporation, organization, foreign
country, or any other person.
(4) Technological innovation.--The programs and
activities carried out under this section shall be
consistent with the transportation research and
development strategic plan under section 6503 of title
49.
(5) Funds.--
(A) Special account.--In addition to other
funds made available to carry out this chapter,
the Secretary shall use such funds as may be
deposited by any cooperating organization or
person in a special account of the Treasury
established for this purpose.
(B) Use of funds.--The Secretary shall use
funds made available to carry out this chapter
to develop, administer, communicate, and
promote the use of products of research,
development, and technology transfer programs
under this chapter.
(6) Pooled funding.--
(A) Cooperation.--To promote effective
utilization of available resources, the
Secretary may cooperate with a State and an
appropriate agency in funding research,
development, and technology transfer activities
of mutual interest on a pooled funds basis.
(B) Secretary as agent.--The Secretary may
enter into contracts, cooperative agreements,
and grants as the agent for all participating
parties in carrying out such research,
development, or technology transfer activities.
(C) Transfer of amounts among states or to
federal highway administration.--The Secretary
may, at the request of a State, transfer
amounts apportioned or allocated to that State
under this chapter to another State or the
Federal Highway Administration to fund
research, development, and technology transfer
activities of mutual interest on a pooled funds
basis.
(D) Transfer of obligation authority.--
Obligation authority for amounts transferred
under this subsection shall be disbursed in the
same manner and for the same amount as provided
for the project being transferred.
(7) Prize competitions.--
(A) In general.--The Secretary may use up to
1 percent of the funds made available under
section 51001 of the Transportation Research
and Innovative Technology Act of 2012 to carry
out a program to competitively award cash
prizes to stimulate innovation in basic and
applied research and technology development
that has the potential for application to the
national transportation system.
(B) Topics.--In selecting topics for prize
competitions under this paragraph, the
Secretary shall--
(i) consult with a wide variety of
governmental and nongovernmental
representatives; and
(ii) give consideration to prize
goals that demonstrate innovative
approaches and strategies to improve
the safety, efficiency, and
sustainability of the national
transportation system.
(C) Advertising.--The Secretary shall
encourage participation in the prize
competitions through advertising efforts.
(D) Requirements and registration.--For each
prize competition, the Secretary shall publish
a notice on a public website that describes--
(i) the subject of the competition;
(ii) the eligibility rules for
participation in the competition;
(iii) the amount of the prize; and
(iv) the basis on which a winner will
be selected.
(E) Eligibility.--An individual or entity may
not receive a prize under this paragraph unless
the individual or entity--
(i) has registered to participate in
the competition pursuant to any rules
promulgated by the Secretary under this
section;
(ii) has complied with all
requirements under this paragraph;
(iii)(I) in the case of a private
entity, is incorporated in, and
maintains a primary place of business
in, the United States; or
(II) in the case of an individual,
whether participating singly or in a
group, is a citizen or permanent
resident of the United States;
(iv) is not a Federal entity or
Federal employee acting within the
scope of his or her employment; and
(v) has not received a grant to
perform research on the same issue for
which the prize is awarded.
(F) Liability.--
(i) Assumption of risk.--
(I) In general.--A registered
participant shall agree to
assume any and all risks and
waive claims against the
Federal Government and its
related entities, except in the
case of willful misconduct, for
any injury, death, damage, or
loss of property, revenue, or
profits, whether direct,
indirect, or consequential,
arising from participation in a
competition, whether such
injury, death, damage, or loss
arises through negligence or
otherwise.
(II) Related entity.--In this
subparagraph, the term
``related entity'' means a
contractor, subcontractor (at
any tier), supplier, user,
customer, cooperating party,
grantee, investigator, or
detailee.
(ii) Financial responsibility.--A
participant shall obtain liability
insurance or demonstrate financial
responsibility, in amounts determined
by the Secretary, for claims by--
(I) a third party for death,
bodily injury, or property
damage, or loss resulting from
an activity carried out in
connection with participation
in a competition, with the
Federal Government named as an
additional insured under the
registered participant's
insurance policy and registered
participants agreeing to
indemnify the Federal
Government against third party
claims for damages arising from
or related to competition
activities; and
(II) the Federal Government
for damage or loss to
Government property resulting
from such an activity.
(G) Judges.--
(i) Selection.--Subject to clause
(iii), for each prize competition, the
Secretary, either directly or through
an agreement under subparagraph (H),
may appoint 1 or more qualified judges
to select the winner or winners of the
prize competition on the basis of the
criteria described in subparagraph (D).
(ii) Selection.--Judges for each
competition shall include individuals
from outside the Federal Government,
including the private sector.
(iii) Limitations.--A judge selected
under this subparagraph may not--
(I) have personal or
financial interests in, or be
an employee, officer, director,
or agent of, any entity that is
a registered participant in a
prize competition under this
paragraph; or
(II) have a familial or
financial relationship with an
individual who is a registered
participant.
(H) Administering the competition.--The
Secretary may enter into an agreement with a
private, nonprofit entity to administer the
prize competition, subject to the provisions of
this paragraph.
(I) Funding.--
(i) In general.--
(I) Private sector funding.--
A cash prize under this
paragraph may consist of funds
appropriated by the Federal
Government and funds provided
by the private sector.
(II) Government funding.--The
Secretary may accept funds from
other Federal agencies, State
and local governments, and
metropolitan planning
organizations for a cash prize
under this paragraph.
(III) No special
consideration.--The Secretary
may not give any special
consideration to any private
sector entity in return for a
donation under this
subparagraph.
(ii) Availability of funds.--
Notwithstanding any other provision of
law, amounts appropriated for prize
awards under this paragraph--
(I) shall remain available
until expended; and
(II) may not be transferred,
reprogrammed, or expended for
other purposes until after the
expiration of the 10-year
period beginning on the last
day of the fiscal year for
which the funds were originally
appropriated.
(iii) Savings provision.--Nothing in
this subparagraph may be construed to
permit the obligation or payment of
funds in violation of the Anti-
Deficiency Act (31 U.S.C. 1341).
(iv) Prize announcement.--A prize may
not be announced under this paragraph
until all the funds needed to pay out
the announced amount of the prize have
been appropriated by a governmental
source or committed to in writing by a
private source.
(v) Prize increases.--The Secretary
may increase the amount of a prize
after the initial announcement of the
prize under this paragraph if--
(I) notice of the increase is
provided in the same manner as
the initial notice of the
prize; and
(II) the funds needed to pay
out the announced amount of the
increase have been appropriated
by a governmental source or
committed to in writing by a
private source.
(vi) Congressional notification.--A
prize competition under this paragraph
may offer a prize in an amount greater
than $1,000,000 only after 30 days have
elapsed after written notice has been
transmitted to the Committee on
Commerce, Science, and Transportation
of the Senate and the Committees on
Transportation and Infrastructure and
Science, Space, and Technology of the
House of Representatives.
(vii) Award limit.--A prize
competition under this section may not
result in the award of more than
$25,000 in cash prizes without the
approval of the Secretary.
(J) Compliance with existing law.--The
Federal Government shall not, by virtue of
offering or providing a prize under this
paragraph, be responsible for compliance by
registered participants in a prize competition
with Federal law, including licensing, export
control, and non-proliferation laws, and
related regulations.
(K) Notice and annual report.--
(i) In general.--Not later than 30
days prior to carrying out an activity
under subparagraph (A), the Secretary
shall notify the Committees on
Transportation and Infrastructure and
Science, Space, and Technology of the
House of Representatives and the
Committees on Environment and Public
Works and Commerce, Science, and
Transportation of the Senate of the
intent to use such authority.
(ii) Reports.--
(I) In general.--The
Secretary shall submit to the
committees described in clause
(i) on an annual basis a report
on the activities carried out
under subparagraph (A) in the
preceding fiscal year if the
Secretary exercised the
authority under subparagraph
(A) in that fiscal year.
(II) Information included.--A
report under this subparagraph
shall include, for each prize
competition under subparagraph
(A)--
(aa) a description of
the proposed goals of
the prize competition;
(bb) an analysis of
why the use of the
authority under
subparagraph (A) was
the preferable method
of achieving the goals
described in item (aa)
as opposed to other
authorities available
to the Secretary, such
as contracts, grants,
and cooperative
agreements;
(cc) the total amount
of cash prizes awarded
for each prize
competition, including
a description of the
amount of private funds
contributed to the
program, the source of
such funds, and the
manner in which the
amounts of cash prizes
awarded and claimed
were allocated among
the accounts of the
Department for
recording as
obligations and
expenditures;
(dd) the methods used
for the solicitation
and evaluation of
submissions under each
prize competition,
together with an
assessment of the
effectiveness of such
methods and lessons
learned for future
prize competitions;
(ee) a description of
the resources,
including personnel and
funding, used in the
execution of each prize
competition together
with a detailed
description of the
activities for which
such resources were
used and an accounting
of how funding for
execution was allocated
among the accounts of
the agency for
recording as
obligations and
expenditures; and
(ff) a description of
how each prize
competition advanced
the mission of the
Department.
(c) Collaborative Research and Development.--
(1) In general.--To encourage innovative solutions to
surface transportation problems and stimulate the
deployment of new technology, the Secretary may carry
out, on a cost-shared basis, collaborative research and
development with--
(A) non-Federal entities, including State and
local governments, foreign governments,
colleges and universities, corporations,
institutions, partnerships, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State; and
(B) Federal laboratories.
(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the
Secretary may directly initiate contracts, cooperative
research and development agreements (as defined in
section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a)) to fund, and
accept funds from, the Transportation Research Board of
the National Research Council of the National Academy
of Sciences, State departments of transportation,
cities, counties, and their agents to conduct joint
transportation research and technology efforts.
(3) Federal share.--
(A) In general.--The Federal share of the
cost of activities carried out under a
cooperative research and development agreement
entered into under this chapter shall not
exceed 80 percent, except that if there is
substantial public interest or benefit, the
Secretary may approve a greater Federal share.
(B) Non-federal share.--All costs directly
incurred by the non-Federal partners, including
personnel, travel, and hardware development
costs, shall be credited toward the non-Federal
share of the cost of the activities described
in subparagraph (A).
(4) Use of technology.--The research, development, or
use of a technology under a cooperative research and
development agreement entered into under this chapter,
including the terms under which the technology may be
licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et
seq.).
(5) Waiver of advertising requirements.--Section
6101(b) to (d) of title 41 shall not apply to a
contract or agreement entered into under this chapter.
Sec. 503. Research and technology development and deployment
(a) In General.--The Secretary shall--
(1) carry out research, development, and deployment
activities that encompass the entire innovation
lifecycle; and
(2) ensure that all research carried out under this
section aligns with the transportation research and
development strategic plan of the Secretary under
[section 508] section 6503 of title 49.
(b) Highway Research and Development Program.--
(1) Objectives.--In carrying out the highway research
and development program, the Secretary, to address
current and emerging highway transportation needs,
shall--
(A) identify research topics;
(B) coordinate research and development
activities;
(C) carry out research, testing, and
evaluation activities; and
(D) provide technology transfer and technical
assistance.
(2) Improving highway safety.--
(A) In general.--The Secretary shall carry
out research and development activities from an
integrated perspective to establish and
implement systematic measures to improve
highway safety.
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities--
(i) to achieve greater long-term
safety gains;
(ii) to reduce the number of
fatalities and serious injuries on
public roads;
(iii) to fill knowledge gaps that
limit the effectiveness of research;
(iv) to support the development and
implementation of State strategic
highway safety plans;
(v) to advance improvements in, and
use of, performance prediction analysis
for decisionmaking; and
(vi) to expand technology transfer to
partners and stakeholders.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) safety assessments and
decisionmaking tools;
(ii) data collection and analysis;
(iii) crash reduction projections;
(iv) low-cost safety countermeasures;
(v) innovative operational
improvements and designs of roadway and
roadside features;
(vi) evaluation of countermeasure
costs and benefits;
(vii) development of tools for
projecting impacts of safety
countermeasures;
(viii) rural road safety measures;
(ix) safety measures for vulnerable
road users, including bicyclists and
pedestrians;
(x) safety policy studies;
(xi) human factors studies and
measures;
(xii) safety technology deployment;
(xiii) safety workforce professional
capacity building initiatives;
(xiv) safety program and process
improvements; and
(xv) tools and methods to enhance
safety performance, including
achievement of statewide safety
performance targets.
(3) Improving infrastructure integrity.--
(A) In general.--The Secretary shall carry
out and facilitate highway and bridge
infrastructure research and development
activities--
(i) to maintain infrastructure
integrity;
(ii) to meet user needs[; and];
(iii) to link Federal transportation
investments to improvements in system
performance[.]; and
(iv) to reduce greenhouse gas
emissions and limit the effects of
climate change.
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities--
(i) to reduce the number of
fatalities attributable to
infrastructure design characteristics
and work zones;
(ii) to improve the safety and
security of highway infrastructure;
(iii) to increase the reliability of
lifecycle performance predictions used
in infrastructure design, construction,
and management;
(iv) to improve the ability of
transportation agencies to deliver
projects that meet expectations for
timeliness, quality, and cost;
(v) to reduce user delay attributable
to infrastructure system performance,
maintenance, rehabilitation, and
construction;
(vi) to improve highway condition and
performance through increased use of
design, materials, construction, and
maintenance innovations;
(vii) to reduce the environmental
impacts of highway infrastructure
through innovations in design,
construction, operation, preservation,
and maintenance; and
(viii) to study vulnerabilities of
the transportation system to seismic
activities and extreme events and
methods to reduce those
vulnerabilities.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) long-term infrastructure
performance programs addressing
pavements, bridges, tunnels, and other
structures;
(ii) short-term and accelerated
studies of infrastructure performance;
(iii) research to develop more
durable infrastructure materials and
systems;
(iv) advanced infrastructure design
methods;
(v) accelerated highway and bridge
construction;
(vi) performance-based
specifications;
(vii) construction and materials
quality assurance;
(viii) comprehensive and integrated
infrastructure asset management;
(ix) infrastructure safety assurance;
(x) sustainable infrastructure design
and construction;
(xi) infrastructure rehabilitation
and preservation techniques, including
techniques to rehabilitate and preserve
historic infrastructure;
(xii) hydraulic, geotechnical, and
aerodynamic aspects of infrastructure;
(xiii) improved highway construction
technologies and practices;
(xiv) improved tools, technologies,
and models for infrastructure
management, including assessment and
monitoring of infrastructure condition;
(xv) studies to improve flexibility
and resiliency of infrastructure
systems to withstand climate
variability;
(xvi) studies on the effectiveness of
fiber-based additives to improve the
durability of surface transportation
materials in various geographic
regions;
(xvii) studies of infrastructure
resilience and other adaptation
measures;
(xviii) maintenance of seismic
research activities, including research
carried out in conjunction with other
Federal agencies to study the
vulnerability of the transportation
system to seismic activity and methods
to reduce that vulnerability; and
(xix) technology transfer and
adoption of permeable, pervious, or
porous paving materials, practices, and
systems that are designed to minimize
environmental impacts, stormwater
runoff, and flooding and to treat or
remove pollutants by allowing
stormwater to infiltrate through the
pavement in a manner similar to
predevelopment hydrologic conditions.
[(D) Lifecycle costs analysis study.--
[(i) In general.--In this
subparagraph, the term ``lifecycle
costs analysis'' means a process for
evaluating the total economic worth of
a usable project segment by analyzing
initial costs and discounted future
costs, such as maintenance, user,
reconstruction, rehabilitation,
restoring, and resurfacing costs, over
the life of the project segment.
[(ii) Study.--The Comptroller General
shall conduct a study of the best
practices for calculating lifecycle
costs and benefits for federally funded
highway projects, which shall include,
at a minimum, a thorough literature
review and a survey of current
lifecycle cost practices of State
departments of transportation.
[(iii) Consultation.--In carrying out
the study, the Comptroller shall
consult with, at a minimum--
[(I) the American Association
of State Highway and
Transportation Officials;
[(II) appropriate experts in
the field of lifecycle cost
analysis; and
[(III) appropriate industry
experts and research centers.
[(E) Report.--Not later than 1 year after the
date of enactment of the Transportation
Research and Innovative Technology Act of 2012,
the Comptroller General shall submit to the
Committee on Environment and Public Works of
the Senate and the Committees on Transportation
and Infrastructure and Science, Space, and
Technology of the House of Representatives a
report on the results of the study which shall
include--
[(i) a summary of the latest research
on lifecycle cost analysis; and
[(ii) recommendations on the
appropriate--
[(I) period of analysis;
[(II) design period;
[(III) discount rates; and
[(IV) use of actual material
life and maintenance cost
data.]
(4) Strengthening transportation planning and
environmental decisionmaking.--
(A) In general.--The Secretary may carry out
research--
(i) to minimize the cost of
transportation planning and
environmental decisionmaking processes;
(ii) to improve transportation
planning and environmental
decisionmaking processes[; and];
(iii) to minimize the potential
impact of surface transportation on the
environment[.]; and
(iv) to reduce greenhouse gas
emissions and limit the effects of
climate change.
(B) Objectives.--In carrying out this
paragraph the Secretary may carry out research
and development activities--
(i) to minimize the cost of highway
infrastructure and operations;
(ii) to reduce the potential impact
of highway infrastructure and
operations on the environment;
(iii) to advance improvements in
environmental analyses and processes
and context sensitive solutions for
transportation decisionmaking;
(iv) to improve construction
techniques;
(v) to accelerate construction to
reduce congestion and related
emissions;
(vi) to reduce the impact of highway
runoff on the environment;
(vii) to improve understanding and
modeling of the factors that contribute
to the demand for transportation; and
(viii) to improve transportation
planning decisionmaking and
coordination.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) creation of models and tools for
evaluating transportation measures and
transportation system designs,
including the costs and benefits;
(ii) congestion reduction efforts;
(iii) transportation and economic
development planning in rural areas and
small communities;
(iv) improvement of State, local, and
tribal government capabilities relating
to surface transportation planning and
the environment[; and];
(v) streamlining of project delivery
processes[.]; and
(vi) establishing best practices and
creating models and tools to support
metropolitan and statewide planning
practices to meet the considerations
described in sections 134(i)(2)(I) and
135(f)(10) of this title, including--
(I) strategies to address
climate change mitigation and
impacts described in sections
134(i)(2)(I)(ii) and
135(f)(10)(B) of this title and
the incorporation of such
strategies into long range
transportation planning;
(II) preparation of a
vulnerability assessment
described in sections
134(i)(2)(I)(iii) and
135(f)(10)(C) of this title;
and
(III) integration of these
practices with the planning
practices described in sections
5303(i)(2)(I) and 5304(f)(10)
of title 49.
(5) Reducing congestion, improving highway
operations, and enhancing freight productivity.--
(A) In general.--The Secretary shall carry
out research under this paragraph with the
goals of--
(i) addressing congestion problems;
(ii) reducing the costs of
congestion;
(iii) improving freight movement;
(iv) increasing productivity[; and];
(v) improving the economic
competitiveness of the United
States[.]; and
(vi) reducing greenhouse gas
emissions and limiting the effects of
climate change.
(B) Objectives.--In carrying out this
paragraph, the Secretary shall carry out
research and development activities to
identify, develop, and assess innovations that
have the potential--
(i) to reduce traffic congestion;
(ii) to improve freight movement; and
(iii) to reduce freight-related
congestion throughout the
transportation network.
(C) Contents.--Research and technology
activities carried out under this paragraph may
include--
(i) active traffic and demand
management;
(ii) acceleration of the
implementation of Intelligent
Transportation Systems technology;
(iii) advanced transportation
concepts and analysis;
(iv) arterial management and traffic
signal operation;
(v) congestion pricing;
(vi) corridor management;
(vii) emergency operations;
(viii) research relating to enabling
technologies and applications;
(ix) freeway management;
(x) evaluation of enabling
technologies;
(xi) impacts of vehicle size and
weight on congestion;
(xii) freight operations and
technology;
(xiii) operations and freight
performance measurement and management;
(xiv) organization and planning for
operations;
(xv) planned special events
management;
(xvi) real-time transportation
information;
(xvii) road weather management;
(xviii) traffic and freight data and
analysis tools;
(xix) traffic control devices;
(xx) traffic incident management;
(xxi) work zone management;
(xxii) communication of travel,
roadway, and emergency information to
persons with disabilities;
(xxiii) research on enhanced mode
choice and intermodal connectivity;
(xxiv) techniques for estimating and
quantifying public benefits derived
from freight transportation projects;
and
(xxv) other research areas to
identify and address emerging needs
related to freight transportation by
all modes.
(6) Exploratory advanced research.--The Secretary
shall carry out research and development activities
relating to exploratory advanced research--
(A) to leverage the targeted capabilities of
the Turner-Fairbank Highway Research Center to
develop technologies and innovations of
national importance; and
(B) to develop potentially transformational
solutions to improve the durability,
efficiency, environmental impact, productivity,
and safety aspects of highway and intermodal
transportation systems.
(7) Turner-fairbank highway research center.--
(A) In general.--The Secretary shall continue
to operate in the Federal Highway
Administration a Turner-Fairbank Highway
Research Center.
(B) Uses of the center.--The Turner-Fairbank
Highway Research Center shall support--
(i) the conduct of highway research
and development relating to emerging
highway technology;
(ii) the development of
understandings, tools, and techniques
that provide solutions to complex
technical problems through the
development of economical and
environmentally sensitive designs,
efficient and quality-controlled
construction practices, and durable
materials;
(iii) the development of innovative
highway products and practices; and
(iv) the conduct of long-term, high-
risk research to improve the materials
used in highway infrastructure.
(8) Infrastructure investment needs report.--
(A) In general.--Not later than July 31,
2013, and July 31 of every second year
thereafter, 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 describes estimates of
the future highway and bridge needs of the
United States and the backlog of current
highway and bridge needs.
(B) Comparisons.--Each report under
subparagraph (A) shall include all information
necessary to relate and compare the conditions
and service measures used in the previous
biennial reports to conditions and service
measures used in the current report.
(C) Inclusions.--Each report under
subparagraph (A) shall provide recommendations
to Congress on changes to the highway
performance monitoring system that address--
(i) improvements to the quality and
standardization of data collection on
all functional classifications of
Federal-aid highways for accurate
system length, lane length, and
vehicle-mile of travel; and
(ii) changes to the reporting
requirements authorized under section
315, to reflect recommendations under
this paragraph for collection, storage,
analysis, reporting, and display of
data for Federal-aid highways and, to
the maximum extent practical, all
public roads.
(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 2023
through 2026 to carry out this paragraph.
(c) Technology and Innovation Deployment Program.--
(1) In general.--The Secretary shall carry out a
technology and innovation deployment program relating
to all aspects of highway transportation, including
planning, financing, operation, structures, materials,
pavements, environment, construction, and the duration
of time between project planning and project delivery,
with the goals of--
(A) significantly accelerating the adoption
of innovative technologies by the surface
transportation community, while considering the
impacts on jobs;
(B) providing leadership and incentives to
demonstrate and promote state-of-the-art
technologies, elevated performance standards,
and new business practices in highway
construction processes that result in improved
safety, faster construction, reduced congestion
from construction, and improved quality and
user satisfaction;
(C) constructing longer-lasting highways
through the use of innovative technologies and
practices that lead to faster construction of
efficient and safe highways and bridges;
(D) improving highway efficiency, safety,
mobility, reliability, service life,
environmental protection, and sustainability[;
and];
(E) developing and deploying new tools,
techniques, and practices to accelerate the
adoption of innovation in all aspects of
highway transportation[.]; and
(F) reducing greenhouse gas emissions and
limiting the effects of climate change.
(2) Implementation.--
(A) In general.--The Secretary shall promote,
facilitate, and carry out the program
established under paragraph (1) to distribute
the products, technologies, tools, methods, or
other findings that result from highway
research and development activities, including
research and development activities carried out
under this chapter[.] and findings from the
materials to reduce greenhouse gas emissions
program under subsection (d).
(B) Accelerated innovation deployment.--In
carrying out the program established under
paragraph (1), the Secretary shall--
(i) establish and carry out
demonstration programs;
(ii) provide technical assistance,
and training to researchers and
developers; and
(iii) develop improved tools and
methods to accelerate the adoption of
proven innovative practices and
technologies as standard practices.
(C) Implementation of future strategic
highway research program findings and
results.--
(i) In general.--The Secretary, in
consultation with the American
Association of State Highway and
Transportation Officials and the
Transportation Research Board of the
National Academy of Sciences, shall
promote research results and products
developed under the future strategic
highway research program administered
by the Transportation Research Board of
the National Academy of Sciences.
(ii) Basis for findings.--The
activities carried out under this
subparagraph shall be based on the
report submitted to Congress by the
Transportation Research Board of the
National Academy of Sciences under
section 510(e).
(iii) Personnel.--The Secretary may
use funds made available to carry out
this subsection for administrative
costs under this subparagraph.
(3) Accelerated implementation and deployment of
pavement technologies.--
(A) In general.--The Secretary shall
establish and implement a program under the
technology and innovation deployment program to
promote, implement, deploy, demonstrate,
showcase, support, and document the application
of innovative pavement technologies, practices,
performance, and benefits.
(B) Goals.--The goals of the accelerated
implementation and deployment of pavement
technologies program shall include--
(i) the deployment of new, cost-
effective designs, materials, recycled
materials, and practices to extend the
pavement life and performance and to
improve user satisfaction;
(ii) the reduction of initial costs
and lifecycle costs of pavements,
including the costs of new
construction, replacement, maintenance,
and rehabilitation;
(iii) the deployment of accelerated
construction techniques to increase
safety and reduce construction time and
traffic disruption and congestion;
(iv) the deployment of engineering
design criteria and specifications for
new and efficient practices, products,
and materials for use in highway
pavements;
(v) the deployment of new
nondestructive and real-time pavement
evaluation technologies and
construction techniques[; and];
(vi) effective technology transfer
and information dissemination to
accelerate implementation of new
technologies and to improve life,
performance, cost effectiveness,
safety, and user satisfaction[.]; and
(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).
(C) Funding.--The Secretary shall obligate
for each of [fiscal years 2016 through 2020]
fiscal years 2023 through 2026 from funds made
available to carry out this subsection
$12,000,000 to accelerate the deployment and
implementation of pavement technology.
(D) Publication.--
(i) In general.--Not less frequently
than annually, the Secretary shall
issue and make available to the public
on an Internet website a report on the
cost and benefits from deployment of
new technology and innovations that
substantially and directly resulted
from the program established under this
paragraph.
(ii) Inclusions.--The report under
clause (i) may include an analysis of--
(I) Federal, State, and local
cost savings;
(II) project delivery time
improvements;
(III) reduced fatalities[;
and];
(IV) congestion impacts[.];
(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).
(4) Advanced transportation technologies
deployment.--
(A) In general.--[Not later than 6 months
after the date of enactment of this paragraph,
the] The Secretary shall [establish an advanced
transportation and congestion management
technologies deployment] establish a mobility
through advanced technologies initiative to
provide grants to eligible entities to develop
model deployment sites for large scale
installation and operation of advanced
transportation technologies to improve safety,
mobility, efficiency, system performance,
environmental impacts, and infrastructure
return on investment.
(B) Criteria.--The Secretary shall develop
criteria for selection of an eligible entity to
receive a grant under this paragraph, including
how the deployment of technology will--
[(i) reduce costs and improve return
on investments, including through the
enhanced use of existing transportation
capacity;]
(i) reduce costs, improve return on
investments, and improve person
throughput and mobility, including
through the optimization of existing
transportation capacity;
(ii) deliver environmental benefits
that alleviate congestion and
streamline traffic flow;
(iii) measure and improve the
operational performance of the
applicable transportation network;
(iv) reduce the number and severity
of traffic crashes and increase driver,
passenger, and bicyclist, and
pedestrian safety;
(v) collect, disseminate, and use
real-time traffic, transit, parking,
and other transportation-related
information to improve mobility, reduce
congestion, and provide for more
efficient and accessible
transportation;
(vi) monitor transportation assets to
improve infrastructure management,
reduce maintenance costs, prioritize
investment decisions, and ensure a
state of good repair;
(vii) deliver economic benefits by
reducing delays, improving system
performance, increasing job
opportunities, and providing for the
efficient and reliable movement of
goods and services[; or];
(viii) [accelerate the deployment]
prepare for the safe deployment of
vehicle-to-vehicle, vehicle-to-
infrastructure, autonomous vehicles,
and other technologies[.]; or
(ix) reduce greenhouse gas emissions
and limit the effects of climate
change.
(C) Applications.--
(i) Request.--Not later than 6 months
after the date of enactment of this
paragraph, and for every fiscal year
thereafter, the Secretary shall request
applications in accordance with clause
(ii).
(ii) Contents.--An application
submitted under this subparagraph shall
include the following:
(I) Plan.--A plan to deploy
and provide for the long-term
operation and maintenance of
advanced transportation and
congestion management
technologies to improve safety,
efficiency, system performance,
and return on investment.
(II) Objectives.--
Quantifiable system performance
improvements, such as--
(aa) reducing
traffic-related
crashes, [congestion]
congestion and delays,
greenhouse gas
emissions, and costs;
(bb) optimizing
system efficiency; and
(cc) improving access
to transportation
services.
(III) Results.--Quantifiable
safety, mobility, economic, and
environmental benefit
projections such as data-driven
estimates of how the project
will improve the region's
transportation system
efficiency and reduce traffic
congestion.
(IV) Partnerships.--A plan
for partnering with the private
sector or public agencies,
including multimodal and
multijurisdictional entities,
research institutions,
organizations representing
transportation and technology
leaders, organizations
representing the surface
transportation workforce, or
other transportation
stakeholders.
(V) Leveraging.--A plan to
leverage and optimize existing
local and regional advanced
transportation technology
investments.
(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 measures
established under section
150(c)(5); or
(II) the greenhouse gas
emissions performance measures
established under section
150(c)(7).
(D) Grant selection.--
(i) Grant awards.--Not later than 1
year after the date of enactment of
this paragraph, and for every fiscal
year thereafter, the Secretary shall
award grants to not less than 5 and not
more than 10 eligible entities.
(ii) Geographic diversity.--In
awarding a grant under this paragraph,
the Secretary shall ensure, to the
extent practicable, that grant
recipients represent diverse geographic
areas of the United States, including
urban and rural areas.
(iii) Technology diversity.--In
awarding a grant under this paragraph,
the Secretary shall ensure, to the
extent practicable, that grant
recipients represent diverse technology
solutions.
(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 crashes and
increase driver, passenger,
bicyclist, and pedestrian
safety; or
(IV) reduce greenhouse gas
emissions and limit the effects
of climate change.
(v) Grant distribution.--In each
fiscal year, the Secretary shall award
not fewer than 3 grants under this
paragraph based on the potential of the
project to reduce the number and
severity of traffic crashes and
increase, driver, passenger, bicyclist,
and pedestrian safety.
(vi) Workforce partnerships.--In
awarding a grant under this paragraph,
the Secretary shall consider, to the
extent practicable, any demonstrated
partnership of the applicant with
representatives of the surface
transportation workforce.
(E) Use of grant funds.--A grant recipient
may use funds awarded under this paragraph to
deploy advanced transportation and congestion
management technologies, including--
(i) advanced traveler information
systems;
(ii) advanced transportation
management technologies;
(iii) infrastructure maintenance,
monitoring, and condition assessment;
(iv) advanced public transportation
systems consistent with section 5312 of
title 49;
(v) transportation system performance
data collection, analysis, and
dissemination systems;
(vi) advanced safety systems,
including vehicle-to-vehicle, vehicle-
to-pedestrian, and vehicle-to-
infrastructure communications, systems
to improve vulnerable road user safety,
technologies associated with autonomous
vehicles, and other collision avoidance
technologies, including systems using
cellular technology;
(vii) integration of intelligent
transportation systems with the Smart
Grid and other energy distribution and
charging systems;
(viii) electronic pricing and payment
systems[; or];
(ix) advanced mobility and access
technologies, such as dynamic
ridesharing and information systems to
support human services for elderly and
[disabled individuals.] disabled
individuals, including activities under
section 5316 of title 49;
(x) measures to safeguard surface
transportation system technologies
under this subparagraph from
cybersecurity threats; or
(xi) retrofitting dedicated short-
range communications technology
deployed as part of an existing pilot
program to cellular vehicle-to-
everything technology.
(F) Report to secretary.--For each eligible
entity that receives a grant under this
paragraph, not later than 1 year after the
entity receives the grant, and each year
thereafter, the entity shall submit a report to
the Secretary that describes--
(i) deployment and operational costs
of the project compared to the benefits
and savings the project provides; and
(ii) how the project has met the
original expectations projected in the
deployment plan submitted with the
application, such as--
(I) data on how the project
has helped reduce traffic
crashes, congestion, costs, and
other benefits of the deployed
systems;
(II) data on the effect of
measuring and improving
transportation system
performance through the
deployment of advanced
technologies;
(III) the effectiveness of
providing real-time integrated
traffic, transit, and
multimodal transportation
information to the public to
make informed travel decisions;
and
(IV) lessons learned and
recommendations for future
deployment strategies to
optimize transportation
efficiency and multimodal
system performance.
[(G) Report.--Not later than 3 years 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
an Internet 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.]
(G) Reporting.--
(i) Applicability of law.--The
program under this paragraph shall be
subject to the accountability and
oversight requirements in section
106(m).
(ii) Report.--Not later than 3 years
after the date that the first grant is
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
provided benefits, such as 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;
(VIII) created or maintained
transportation jobs and
supported transportation
workers; or
(IX) provided other benefits
to transportation users,
workers, 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).
(H) Additional grants.--The Secretary may
cease to provide additional grant funds to a
recipient of a grant under this paragraph if--
(i) the Secretary determines from
such recipient's report that the
recipient is not carrying out the
requirements of the grant; and
(ii) the Secretary provides written
notice 60 days prior to withholding
funds to the Committees on
Transportation and Infrastructure and
Science, Space, and Technology of the
House of Representatives and the
Committees on Environment and Public
Works and Commerce, Science, and
Transportation of the Senate.
(I) [Funding.--
[(i) In general.--From funds made
available to carry out subsection (b),
this subsection, and sections 512
through 518, the Secretary shall set
aside for grants awarded under
subparagraph (D) $60,000,000 for each
of fiscal years 2016 through 2020.]
[(ii) Expenses for the secretary.--]
[Of the amounts set aside under clause
(i), the Secretary may set aside]
Funding._Of the amounts made available
to carry out this paragraph, the
Secretary may set aside $2,000,000
each fiscal year for program reporting,
evaluation, and administrative costs
related to this paragraph.
(J) Federal share.--The Federal share of the
cost of a project for which a grant is awarded
under this subsection shall not exceed 50
percent of the cost of the project[.], 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.
(K) Grant limitation.--The Secretary may not
award more than 20 percent of the [amount
described under subparagraph (I)] funds made
available to carry out this paragraph in a
fiscal year to a single grant recipient.
(L) Expenses for grant recipients.--A grant
recipient under this paragraph may use not more
than 5 percent of the funds awarded each fiscal
year to carry out planning and reporting
requirements.
[(M) Grant flexibility.--
[(i) In general.--If, by August 1 of
each fiscal year, the Secretary
determines that there are not enough
grant applications that meet the
requirements described in subparagraph
(C) to carry out this section for a
fiscal year, the Secretary shall
transfer to the programs specified in
clause (ii)--
[(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).
[(ii) Programs.--The programs
referred to in clause (i) are--
[(I) the program under
subsection (b);
[(II) the program under this
subsection; and
[(III) the programs under
sections 512 through 518.
[(iii) Distribution.--Any transfer of
funds and obligation limitation under
clause (i) shall be divided among the
programs referred to in that clause in
the same proportions as the Secretary
originally reserved funding from the
programs for the fiscal year under
subparagraph (I).]
(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 made available
to carry out this paragraph in a fiscal
year that the Secretary has not yet
awarded under this paragraph; and
(ii) an amount of obligation
limitation equal to the amount of funds
that the Secretary transfers under
clause (i).
(N) Definitions.--In this paragraph, the
following definitions apply:
(i) Eligible entity.--The term
``eligible entity'' means a State or
local government, a transit agency,
metropolitan planning organization
representing an urbanized area with a
population of over 200,000, or other
political subdivision of a State or
local government or a
multijurisdictional group or a
consortia of research institutions or
academic institutions.
(ii) Advanced and congestion
management transportation
technologies.--The term ``advanced
transportation and congestion
management technologies'' means
technologies that improve the
efficiency, safety, or state of good
repair of surface transportation
systems, including intelligent
transportation systems.
(iii) Multijurisdictional group.--The
term ``multijurisdictional group''
means [a any] any combination of State
governments, local governments,
metropolitan planning agencies, transit
agencies, or other political
subdivisions of a State for which each
member of the group--
(I) has signed a written
agreement to implement the
advanced transportation
technologies deployment
initiative across
jurisdictional boundaries; and
(II) is an eligible entity
under this paragraph.
(5) Accelerated implementation and deployment of
advanced digital construction management systems.--
(A) In general.--The Secretary shall, to the
extent practicable, under the technology and
innovation deployment program established under
paragraph (1), promote, support, and document
the application of advanced digital
construction management systems, practices,
performance, and benefits.
(B) Goals.--The goals of promoting the
accelerated implementation and deployment of
advanced digital construction management
systems established under subparagraph (A)
shall include--
(i) accelerated State and local
government adoption of advanced digital
construction management systems applied
throughout the project delivery process
(including through the design and
engineering, construction, and
operations phases) that--
(I) maximize interoperability
with other systems, products,
tools, or applications;
(II) boost productivity;
(III) manage complexity and
risk;
(IV) reduce project delays
and cost overruns;
(V) enhance safety and
quality; and
(VI) support sustainable
design and construction;
(ii) more timely and productive
information-sharing among stakeholders
through digital collaboration platforms
that connect workflows, teams, and data
and reduced reliance on paper to manage
construction processes and
deliverables;
(iii) deployment of digital
management systems that enable and
leverage the use of digital
technologies on construction sites by
contractors;
(iv) the development and deployment
of best practices for use in digital
construction management;
(v) increased technology adoption and
deployment by States and units of local
government that enables project
sponsors--
(I) to integrate the adoption
of digital management systems
and technologies in contracts;
and
(II) to weigh the cost of
digitization and technology in
setting project budgets;
(vi) technology training and
workforce development to build the
capabilities of project managers and
sponsors that enables States and units
of local government--
(I) to better manage projects
using advance digital
construction management
technologies; and
(II) to properly measure and
reward technology adoption
across projects of the State or
unit of local government;
(vii) development of guidance to
assist States in updating regulations
of the State to allow project sponsors
and contractors--
(I) to report data relating
to the project in digital
formats; and
(II) to fully capture the
efficiencies and benefits of
advanced digital construction
management systems and related
technologies;
(viii) reduction in the environmental
footprint of construction projects
using advanced digital construction
management systems resulting from
elimination of congestion through more
efficient projects;
(ix) development of more sustainable
infrastructure that is designed to be
more resilient to climate impacts,
constructed with less material waste
and made with more low-emissions
construction materials; and
(x) enhanced worker and pedestrian
safety resulting from increased
transparency.
(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 and deployment of
materials that will capture, absorb, adsorb, reduce, or
sequester the amount of greenhouse gas emissions
generated during the production of highway materials
and the construction and use of highways.
(2) Activities.--Activities under this section may
include--
(A) carrying out research to determine the
materials proven to most effectively capture,
absorb, adsorb, reduce, or sequester greenhouse
gas emissions;
(B) evaluating and improves the ability of
materials to most effectively capture, absorb,
adsorb, reduce, or sequester greenhouse gas
emissions;
(C) supporting the development and deployment
of materials that will capture, absorb, adsorb,
reduce, or sequester greenhouse gas emissions;
and
(D) in coordination with standards-setting
organizations, such as the American Association
of State Highway and Transportation Officials,
carrying out research on--
(i) the extent to which existing
state materials procurement standards
enable the deployment of materials
proven to most effectively reduce or
sequester greenhouse gas emissions;
(ii) opportunities for States to
adapt procurement standards to more
frequently procure materials proven to
most effectively reduce or sequester
greenhouse gas emissions; and
(iii) how to support or incentivize
States to adapt procurement standards
to incorporate more materials proven to
most effectively 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 capture, absorb,
adsorb, 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.--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 one grant in a fiscal
year under this subsection.
(B) Matching requirements.--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.
(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 capture,
absorb, adsorb, 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 (commonly known as the
``Paperwork Reduction Act'').
(8) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means--
(A) 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); and
(B) a State department of transportation.
Sec. 504. Training and education
(a) National Highway Institute.--
(1) In general.--The Secretary shall operate in the
Federal Highway Administration a National Highway
Institute (in this subsection referred to as the
``Institute''). The Secretary shall administer, through
the Institute, the authority vested in the Secretary by
this title or by any other law for the development and
conduct of education and training programs relating to
highways.
(2) Duties of the institute.--In cooperation with
State transportation departments, United States
industry, and any national or international entity, the
Institute shall develop and administer education and
training programs of instruction for--
(A) Federal Highway Administration, State,
and local transportation agency employees and
the employees of any other applicable Federal
agency;
(B) regional, State, and metropolitan
planning organizations;
(C) State and local police, public safety,
and motor vehicle employees; and
(D) United States citizens and foreign
nationals engaged or to be engaged in surface
transportation work of interest to the United
States.
(3) Courses.--
(A) In general.--The Institute shall--
(i) develop or update existing
courses in asset management, including
courses that include such components
as--
(I) the determination of
life-cycle costs;
(II) the valuation of assets;
(III) benefit-to-cost ratio
calculations; and
(IV) objective decisionmaking
processes for project
selection; and
(ii) continually develop courses
relating to the application of emerging
technologies for--
(I) transportation
infrastructure applications and
asset management;
(II) intelligent
transportation systems;
(III) operations (including
security operations);
(IV) the collection and
archiving of data;
(V) reducing the amount of
time required for the planning
and development of
transportation projects; and
(VI) the intermodal movement
of individuals and freight.
(B) Additional courses.--In addition to the
courses developed under subparagraph (A), the
Institute, in consultation with State
transportation departments, metropolitan
planning organizations, and the American
Association of State Highway and Transportation
Officials, may develop courses relating to
technology, methods, techniques, engineering,
construction, safety, maintenance,
environmental mitigation and compliance,
regulations, management, inspection, and
finance.
(C) Revision of courses offered.--The
Institute shall periodically--
(i) review the course inventory of
the Institute; and
(ii) revise or cease to offer courses
based on course content, applicability,
and need.
(4) Set-aside; federal share.--Not to exceed 1/2 of 1
percent of the funds apportioned to a State under
section 104(b)(2) for the surface transportation [block
grant] program shall be available for expenditure by
the State transportation department for the payment of
not to exceed 80 percent of the cost of tuition and
direct educational expenses (excluding salaries) in
connection with the education and training of employees
of State and local transportation agencies in
accordance with this subsection.
(5) Federal responsibility.--
(A) In general.--Except as provided in
subparagraph (B), education and training of
employees of Federal, State, and local
transportation (including highway) agencies
authorized under this subsection may be
provided--
(i) by the Secretary at no cost to
the States and local governments if the
Secretary determines that provision at
no cost is in the public interest; or
(ii) by the State through grants,
cooperative agreements, and contracts
with public and private agencies,
institutions, individuals, and the
Institute.
(B) Payment of full cost by private
persons.--Private agencies, international or
foreign entities, and individuals shall pay the
full cost of any education and training
received by them unless the Secretary
determines that a lower cost is of critical
importance to the public interest.
(6) Training fellowships; cooperation.--The Institute
may--
(A) engage in training activities authorized
under this subsection, including the granting
of training fellowships; and
(B) carry out its authority independently or
in cooperation with any other branch of the
Federal Government or any State agency,
authority, association, institution, for-profit
or nonprofit corporation, other national or
international entity, or other person.
(7) Collection of fees.--
(A) General rule.--In accordance with this
subsection, the Institute may assess and
collect fees solely to defray the costs of the
Institute in developing or administering
education and training programs under this
subsection.
(B) Limitation.--Fees may be assessed and
collected under this subsection only in a
manner that may reasonably be expected to
result in the collection of fees during any
fiscal year in an aggregate amount that does
not exceed the aggregate amount of the costs
referred to in subparagraph (A) for the fiscal
year.
(C) Persons subject to fees.--Fees may be
assessed and collected under this subsection
only with respect to--
(i) persons and entities for whom
education or training programs are
developed or administered under this
subsection; and
(ii) persons and entities to whom
education or training is provided under
this subsection.
(D) Amount of fees.--The fees assessed and
collected under this subsection shall be
established in a manner that ensures that the
liability of any person or entity for a fee is
reasonably based on the proportion of the costs
referred to in subparagraph (A) that relate to
the person or entity.
(E) Use.--All fees collected under this
subsection shall be used to defray costs
associated with the development or
administration of education and training
programs authorized under this subsection.
(8) Relation to fees.--The funds made available to
carry out this subsection may be combined with or held
separate from the fees collected under paragraph (7).
(b) Local Technical Assistance Program.--
(1) Authority.--The Secretary shall carry out a local
technical assistance program that will provide access
to surface transportation technology to--
(A) highway and transportation agencies in
urbanized and rural areas;
(B) contractors that perform work for the
agencies; and
(C) infrastructure security staff.
(2) Grants, cooperative agreements, and contracts.--
The Secretary may make grants and enter into
cooperative agreements and contracts to provide
education and training, technical assistance, and
related support services to--
(A) assist rural, local transportation
agencies and tribal governments, and the
consultants and construction personnel working
for the agencies and governments, to--
(i) develop and expand expertise in
road and transportation areas
(including pavement, bridge, concrete
structures, intermodal connections,
safety management systems, intelligent
transportation systems, incident
response, operations, and traffic
safety countermeasures);
(ii) improve roads and bridges;
(iii) enhance--
(I) programs for the movement
of passengers and freight; and
(II) intergovernmental
transportation planning and
project selection; and
(iv) deal effectively with special
transportation-related problems by
preparing and providing training
packages, manuals, guidelines, and
technical resource materials;
(B) develop technical assistance for tourism
and recreational travel;
(C) identify, package, and deliver
transportation technology and traffic safety
information to local jurisdictions to assist
urban transportation agencies in developing and
expanding their ability to deal effectively
with transportation-related problems
(particularly the promotion of regional
cooperation);
(D) operate, in cooperation with State
transportation departments and universities--
(i) local technical assistance
program centers designated to provide
transportation technology transfer
services to rural areas and to
urbanized areas; and
(ii) local technical assistance
program centers designated to provide
transportation technical assistance to
tribal governments; and
(E) allow local transportation agencies and
tribal governments, in cooperation with the
private sector, to enhance new technology
implementation.
(3) Federal share.--
(A) Local technical assistance centers.--
(i) In general.--Subject to
subparagraph (B), the Federal share of
the cost of an activity carried out by
a local technical assistance center
under paragraphs (1) and (2) shall be
50 percent.
(ii) Non-federal share.--The non-
Federal share of the cost of an
activity described in clause (i) may
consist of amounts provided to a
recipient under subsection (e) or
section 505, up to 100 percent of the
non-Federal share.
(B) Tribal technical assistance centers.--The
Federal share of the cost of an activity
carried out by a tribal technical assistance
center under paragraph (2)(D)(ii) shall be 100
percent.
(c) Research Fellowships.--
(1) General authority.--The Secretary, acting either
independently or in cooperation with other Federal
departments, agencies, and instrumentalities, may make
grants for research fellowships for any purpose for
which research is authorized by this chapter.
(2) Dwight david eisenhower transportation fellowship
program.--
(A) In general.--The Secretary shall
establish and implement a transportation
research fellowship program for the purpose of
attracting qualified students to the field of
transportation, which program shall be known as
the ``Dwight David Eisenhower Transportation
Fellowship Program''.
(B) Use of amounts.--Amounts provided to
institutions of higher education to carry out
this paragraph shall be used to provide direct
support of student expenses.
(d) Garrett A. Morgan Technology and Transportation Education
Program.--
(1) In general.--The Secretary shall establish the
Garrett A. Morgan Technology and Transportation
Education Program to improve the preparation of
students, particularly women and minorities, in
science, technology, engineering, and mathematics
through curriculum development and other activities
related to transportation.
(2) Authorized activities.--The Secretary shall award
grants under this subsection on the basis of
competitive peer review. Grants awarded under this
subsection may be used for enhancing science,
technology, engineering, and mathematics at the
elementary and secondary school level through such
means as--
(A) internships that offer students
experience in the transportation field;
(B) programs that allow students to spend
time observing scientists and engineers in the
transportation field; and
(C) developing relevant curriculum that uses
examples and problems related to
transportation.
(3) Application and review procedures.--
(A) In general.--An entity described in
subparagraph (C) seeking funding under this
subsection shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may require. Such application, at a minimum,
shall include a description of how the funds
will be used to serve the purposes described in
paragraph (2).
(B) Priority.--In making awards under this
subsection, the Secretary shall give priority
to applicants that will encourage the
participation of women and minorities.
(C) Eligibility.--Local educational agencies
and State educational agencies, which may enter
into a partnership agreement with institutions
of higher education, businesses, or other
entities, shall be eligible to apply for grants
under this subsection.
(4) Definitions.--In this subsection, the following
definitions apply:
(A) Institution of higher education.--The
term ``institution of higher education'' has
the meaning given that term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
(B) Local educational agency.--The term
``local educational agency'' has the meaning
given that term in section 8101 of the
Elementary and Secondary Education Act of 1965.
(C) State educational agency.--The term
``State educational agency'' has the meaning
given that term in section 8101 of the
Elementary and Secondary Education Act of 1965.
(e) Surface Transportation Workforce Development, Training,
and Education.--
(1) Funding.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to
the State under paragraphs (1) through (4) and (8)
through (9) of section 104(b) for surface
transportation workforce development, training, and
education, including--
(A) tuition and direct educational expenses,
excluding salaries, in connection with the
education and training of employees of State
and local transportation agencies;
(B) employee professional development;
(C) student internships;
(D) university or community college support;
(E) education activities, including outreach,
to develop interest and promote participation
in surface transportation careers;
(F) activities carried out by the National
Highway Institute under subsection (a); and
(G) local technical assistance programs under
subsection (b).
(2) Federal share.--The Federal share of the cost of
activities carried out in accordance with this
subsection shall be 100 percent, except for activities
carried out under paragraph (1)(G), for which the
Federal share shall be 50 percent.
(3) Surface transportation workforce development,
training, and education defined.--In this subsection,
the term ``surface transportation workforce
development, training, and education'' means activities
associated with surface transportation career
awareness, student transportation career preparation,
and training and professional development for surface
transportation workers, including activities for women
and minorities.
(f) Transportation Education Development Program.--
(1) Establishment.--The Secretary shall establish a
program to make grants to institutions of higher
education that, in partnership with industry or State
departments of transportation, will develop, test, and
revise new curricula and education programs to train
individuals at all levels of the transportation
workforce.
(2) Selection of grant recipients.--In selecting
applications for awards under this subsection, the
Secretary shall consider--
(A) the degree to which the new curricula or
education program meets the specific needs of a
segment of the transportation industry, States,
or regions;
(B) providing for practical experience and
on-the-job training;
(C) proposals oriented toward practitioners
in the field rather than the support and growth
of the research community;
(D) the degree to which the new curricula or
program will provide training in areas other
than engineering, such as business
administration, economics, information
technology, environmental science, and law;
(E) programs or curricula in nontraditional
departments that train professionals for work
in the transportation field, such as materials,
information technology, environmental science,
urban planning, and industrial technology; and
(F) the commitment of industry or a State's
department of transportation to the program.
(3) Limitations.--The amount of a grant under this
subsection shall not exceed $300,000 per year. After a
recipient has received 3 years of Federal funding under
this subsection, Federal funding may equal not more
than 75 percent of a grantee's program costs.
(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.
(g) Freight Capacity Building Program.--
(1) Establishment.--The Secretary shall establish a
freight planning capacity building initiative to
support enhancements in freight transportation planning
in order to--
(A) better target investments in freight
transportation systems to maintain efficiency
and productivity; and
(B) strengthen the decisionmaking capacity of
State transportation departments and local
transportation agencies with respect to freight
transportation planning and systems.
(2) Agreements.--The Secretary shall enter into
agreements to support and carry out administrative and
management activities relating to the governance of the
freight planning capacity initiative.
(3) Stakeholder involvement.--In carrying out this
section, the Secretary shall consult with the
Association of Metropolitan Planning Organizations, the
American Association of State Highway and
Transportation Officials, and other freight planning
stakeholders, including the other Federal agencies,
State transportation departments, local governments,
nonprofit entities, academia, and the private sector.
(4) Eligible activities.--The freight planning
capacity building initiative shall include research,
training, and education in the following areas:
(A) The identification and dissemination of
best practices in freight transportation.
(B) Providing opportunities for freight
transportation staff to engage in peer
exchange.
(C) Refinement of data and analysis tools
used in conjunction with assessing freight
transportation needs.
(D) Technical assistance to State
transportation departments and local
transportation agencies reorganizing to address
freight transportation issues.
(E) Facilitating relationship building
between governmental and private entities
involved in freight transportation.
(F) Identifying ways to target the capacity
of State transportation departments and local
transportation agencies to address freight
considerations in operations, security, asset
management, and environmental stewardship in
connection with long-range multimodal
transportation planning and project
implementation.
(5) Federal share.--The Federal share of the cost of
an activity carried out under this section shall be up
to 100 percent, and such funds shall remain available
until expended.
(6) Use of funds.--Funds made available for the
program established under this subsection may be used
for research, program development, information
collection and dissemination, and technical assistance.
The Secretary may use such funds independently or [make
grants or to] make grants to and enter into contracts
and cooperative agreements with a Federal agency, State
agency, local agency, federally recognized Indian
tribal government or tribal consortium, authority,
association, nonprofit or for-profit corporation, or
institution of higher education, to carry out the
purposes of this subsection.
(h) Centers for Surface Transportation Excellence.--
(1) In general.--The Secretary shall make grants
under this section to establish and maintain centers
for surface transportation excellence.
(2) Goals.--The goals of a center referred to in
paragraph (1) shall be to promote and support strategic
national surface transportation programs and activities
relating to the work of State departments of
transportation in the areas of environment, surface
transportation safety, rural safety, and project
finance.
(3) Role of the centers.--To achieve the goals set
forth in paragraph (2), any centers established under
paragraph (1) shall provide technical assistance,
information sharing of best practices, and training in
the use of tools and decisionmaking processes that can
assist States in effectively implementing surface
transportation programs, projects, and policies.
(4) Program administration.--
(A) Competition.--A party entering into a
contract, cooperative agreement, or other
transaction with the Secretary under this
subsection, or receiving a grant to perform
research or provide technical assistance under
this subsection, shall be selected on a
competitive basis.
(B) Strategic plan.--The Secretary shall
require each center to develop a multiyear
strategic plan, that--
(i) is submitted to the Secretary at
such time as the Secretary requires;
and
(ii) describes--
(I) the activities to be
undertaken by the center; and
(II) how the work of the
center will be coordinated with
the activities of the Federal
Highway Administration and the
various other research,
development, and technology
transfer activities authorized
under this chapter.
* * * * * * *
Sec. 513. Use of funds for ITS activities
(a) Definitions.--In this section, the following definitions
apply:
(1) Eligible entity.--The term ``eligible entity''
means a State or local government, tribal government,
transit agency, public toll authority, metropolitan
planning organization, other political subdivision of a
State or local government, or a multistate or
multijurisdictional group applying through a single
lead applicant.
(2) Multijurisdictional group.--The term
``multijurisdictional group'' means a combination of
State governments, local governments, metropolitan
planning agencies, transit agencies, or other political
subdivisions of a State that--
(A) have signed a written agreement to
implement an activity that meets the grant
criteria under this section; and
(B) is comprised of at least 2 members, each
of whom is an eligible entity.
(b) Purpose.--The purpose of this section is to develop,
administer, communicate, and promote the use of products of
research, technology, and technology transfer programs.
(c) ITS Adoption.--
(1) Innovative technologies and strategies.--The
Secretary shall encourage the deployment of ITS
technologies that will improve the performance of the
National Highway System in such areas as traffic
operations, emergency response, incident management,
surface transportation network management, freight
management, traffic flow information, greenhouse gas
emissions reduction, and congestion management by
accelerating the adoption of innovative technologies
through the use of--
(A) demonstration programs;
(B) grant funding;
(C) incentives to eligible entities; and
(D) other tools, strategies, or methods that
will result in the deployment of innovative ITS
technologies.
(2) Comprehensive plan.--To carry out this section,
the Secretary shall develop a detailed and
comprehensive plan that addresses the manner in which
incentives may be adopted, as appropriate, through the
existing deployment activities carried out by surface
transportation modal administrations.
Sec. 514. Goals and purposes
(a) Goals.--The goals of the intelligent transportation
system program include--
(1) enhancement of surface transportation efficiency
and facilitation of intermodalism and international
trade to enable existing facilities to meet a
significant portion of future transportation needs,
including public access to employment, goods, and
services and to reduce regulatory, financial, and other
transaction costs to public agencies and system users;
(2) achievement of national transportation safety
goals, including enhancement of safe operation of motor
vehicles and nonmotorized vehicles and improved
emergency response to collisions, with particular
emphasis on decreasing the number and severity of
collisions;
(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
State and local governments to achieve national
environmental goals;
(4) reduction of greenhouse gas emissions and
mitigation of the effects of climate change;
[(4)] (5) accommodation of the needs of all users of
surface transportation systems, including operators of
commercial motor vehicles, passenger motor vehicles,
motorcycles, bicycles, and pedestrians (including
individuals with disabilities);
[(5)] (6) enhancement of national defense mobility
and improvement of the ability of the United States to
respond to security-related or other manmade
emergencies and natural disasters; and
[(6)] (7) enhancement of the national freight system
and support to [national freight policy goals] national
multimodal freight policy goals and activities
described in subtitle IX of title 49.
(b) Purposes.--The Secretary shall implement activities under
the intelligent transportation system program, at a minimum--
(1) to expedite, in both metropolitan and rural
areas, deployment and integration of intelligent
transportation systems for consumers of passenger and
freight transportation;
(2) to ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for consideration in
the transportation planning process;
(3) to improve regional cooperation and operations
planning for effective intelligent transportation
system deployment;
(4) to promote the innovative use of private
resources in support of intelligent transportation
system development;
(5) to facilitate, in cooperation with the motor
vehicle industry, the introduction of vehicle-based
safety enhancing systems;
(6) to support the application of intelligent
transportation systems that increase the safety and
efficiency of commercial motor vehicle operations;
(7) to develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems;
(8) to provide continuing support for operations and
maintenance of intelligent transportation systems;
(9) to ensure a systems approach that includes
cooperation among vehicles, infrastructure, and users;
and
(10) to assist in the development of cybersecurity
research in cooperation with relevant modal
administrations of the Department of Transportation and
other Federal agencies to help prevent hacking,
spoofing, and disruption of connected and automated
transportation vehicles.
Sec. 515. General authorities and requirements
(a) Scope.--Subject to the provisions of sections 512 through
518, the Secretary shall conduct an ongoing intelligent
transportation system program--
(1) to research, develop, and operationally test
intelligent transportation systems; and
(2) to provide technical assistance in the nationwide
application of those systems as a component of the
surface transportation systems of the United States.
(b) Policy.--Intelligent transportation system research
projects and operational tests funded pursuant to sections 512
through 518 shall encourage and not displace public-private
partnerships or private sector investment in those tests and
projects.
(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
transportation system program in cooperation with State and
local governments and other public entities, the private sector
firms of the United States, the Federal laboratories, and
institutions of higher education, including historically Black
colleges and universities and other minority institutions of
higher education.
(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system program, the Secretary shall
consult with the heads of other Federal agencies, as
appropriate.
(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
systems management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under sections
512 through 518; and
(B) make, on request, that information
(except for proprietary information and data)
readily available to all users of the
repository at an appropriate cost.
(2) Agreement.--
(A) In general.--The Secretary may enter into
an agreement with a third party for the
maintenance of the repository for technical and
safety data under paragraph (1)(A).
(B) Federal financial assistance.--If the
Secretary enters into an agreement with an
entity for the maintenance of the repository,
the entity shall be eligible for Federal
financial assistance under this section.
(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555
of title 5, United States Code.
(h) Advisory Committee.--
(1) In general.--The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying
out sections 512 through 518.
(2) Membership.--The Advisory Committee shall have no
more than [20 members] 25 members, be balanced between
metropolitan and rural interests, and include, at a
minimum--
(A) a representative from a [State highway
department] State department of transportation;
(B) a representative from a [local highway
department] local department of transportation
who is not from a metropolitan planning
organization;
(C) a representative from a State, local, or
regional transit agency;
(D) a representative from a metropolitan
planning organization;
[(E) a private sector user of intelligent
transportation system technologies;
[(F) an academic researcher with expertise in
computer science or another information science
field related to intelligent transportation
systems, and who is not an expert on
transportation issues;
[(G) an academic researcher who is a civil
engineer;
[(H) an academic researcher who is a social
scientist with expertise in transportation
issues;
[(I) a representative from a nonprofit group
representing the intelligent transportation
system industry;
[(J) a representative from a public interest
group concerned with safety;]
(E) a private sector representative of the
intelligent transportation systems industry;
(F) a representative from an advocacy group
concerned with safety, including bicycle and
pedestrian interests;
(G) a representative from a labor
organization; and
[(K)] (H) a representative from a public
interest group concerned with the impact of the
transportation system on land use and
residential patterns; and
[(L) members with expertise in planning,
safety, telecommunications, utilities, and
operations.]
(3) Duties.--The Advisory Committee shall, at a
minimum, perform the following duties:
(A) Provide input into the development of the
intelligent transportation system aspects of
the strategic plan under [section 508] section
6503 of title 49.
(B) Review, at least annually, areas of
intelligent transportation systems research
being considered for funding by the Department,
to determine--
(i) whether these activities are
likely to advance either the state-of-
the-practice or state-of-the-art in
intelligent transportation systems;
(ii) whether the intelligent
transportation system technologies are
likely to be deployed by users in both
urban and rural areas, and if not, to
determine the barriers to deployment[;
and];
(iii) the appropriate roles for
government and the private sector in
investing in the research and
technologies being considered[.]; and
(iv) assess how Federal
transportation resources, including
programs under this title, are being
used to advance intelligent
transportation systems.
(C) Convene not less frequently than twice
each year, either in person or remotely.
(4) Report.--Not later than [May 1] April 1 of each
year, the Secretary shall make available to the public
on a Department of Transportation website a report that
includes--
(A) all recommendations made by the Advisory
Committee during the preceding calendar year;
(B) an explanation of the manner in which the
Secretary has implemented those
recommendations; and
(C) for recommendations not implemented, the
reasons for rejecting the recommendations.
(5) Applicability of federal advisory committee
act.--The Advisory Committee shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.), except
that section 14 of such Act shall not apply.
(i) Reporting.--
(1) Guidelines and requirements.--
(A) In general.--The Secretary shall issue
guidelines and requirements for the reporting
and evaluation of operational tests and
deployment projects carried out under sections
512 through 518.
(B) Objectivity and independence.--The
guidelines and requirements issued under
subparagraph (A) shall include provisions to
ensure the objectivity and independence of the
reporting entity so as to avoid any real or
apparent conflict of interest or potential
influence on the outcome by parties to any such
test or deployment project or by any other
formal evaluation carried out under sections
512 through 518.
(C) Funding.--The guidelines and requirements
issued under subparagraph (A) shall establish
reporting funding levels based on the size and
scope of each test or project that ensure
adequate reporting of the results of the test
or project.
(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to
carry out the reporting of any test, deployment
project, or program assessment activity under sections
512 through 518 shall not be subject to chapter 35 of
title 44, United States Code.
Sec. 516. Research and development
(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research and development, including through grants to entities
or groups of entities, such as institutions of higher
education, and operational tests of intelligent vehicles,
intelligent infrastructure systems, and other similar
activities that are necessary to carry out this chapter.
(b) Priority Areas.--Under the program, the Secretary shall
give higher priority to funding projects that--
(1) enhance mobility and productivity through
improved traffic management, incident management,
transit management, freight management, road weather
management, toll collection, traveler information, or
highway operations systems and remote sensing products;
(2) use interdisciplinary approaches to develop
traffic management strategies and tools to address
multiple impacts of congestion concurrently;
(3) address traffic management, incident management,
transit management, toll collection traveler
information, or highway operations systems;
(4) incorporate research on the potential impact of
environmental, weather, and natural conditions on
intelligent transportation systems, including the
effects of cold climates;
(5) demonstrate reductions in greenhouse gas
emissions;
[(5)] (6) enhance intermodal use of intelligent
transportation systems for diverse groups, including
for emergency and health-related services;
[(6)] (7) enhance safety through improved crash
avoidance and protection, crash and other notification,
commercial motor vehicle operations, and
infrastructure-based or cooperative safety systems[;
or];
[(7)] (8) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies[.];
(9) integrate existing observational networks and
data management systems for road weather applications;
or
(10) facilitate the interconnectivity of data and
information technology systems across different
observational networks and different users.
(c) Federal Share.--The Federal share payable on account of
any project or activity carried out under subsection (a) shall
not exceed 80 percent.
* * * * * * *
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,
all other recipients of Federal surface transportation funds,
and industry stakeholders, including labor representatives, to
identify and deploy proven innovative practices and products
that--
(1) accelerate innovation deployment;
(2) expedite the project delivery process;
(3) improve environmental sustainability;
(4) enhance roadway safety;
(5) reduce congestion; and
(6) reduce greenhouse gas emissions.
(c) Considerations.--In carrying out the Every Day Counts
initiative, the Administrator shall consider any innovative
practices and products in accordance with subsections (a) and
(b), including--
(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.
(g) Rule of Construction.--Nothing in this section may be
construed to allow the Secretary to waive any requirement under
any other provision of Federal law.
* * * * * * *
CHAPTER 6--INFRASTRUCTURE FINANCE
* * * * * * *
Sec. 602. Determination of eligibility and project selection
(a) Eligibility.--
(1) In general.--A project shall be eligible to
receive credit assistance under the TIFIA program if--
(A) the entity proposing to carry out the
project submits a letter of interest prior to
submission of a formal application for the
project; and
(B) the project meets the criteria described
in this subsection.
(2) Creditworthiness.--
(A) In general.--To be eligible for
assistance under the TIFIA program, a project
shall satisfy applicable creditworthiness
standards, which, at a minimum, shall include--
(i) a rate covenant, if applicable;
(ii) adequate coverage requirements
to ensure repayment;
(iii) an investment grade rating from
at least 2 rating agencies on debt
senior to the Federal credit
instrument; and
(iv) [a rating] an investment grade
rating from at least 2 rating agencies
on the Federal credit instrument,
subject to the condition that, with
respect to clause (iii), if the total
amount of the senior debt and the
Federal credit instrument is less than
[$75,000,000] $150,000,000, 1 rating
agency opinion for each of the senior
debt and Federal credit instrument
shall be sufficient.
(B) Senior debt.--Notwithstanding
subparagraph (A), in a case in which the
Federal credit instrument is [the senior debt]
senior debt, the Federal credit instrument
shall be required to receive an investment
grade rating from at least 2 rating agencies,
unless the [credit instrument is for an amount
less than $75,000,000] total amount of other
senior debt and the Federal credit instrument
is less than $150,000,000, in which case 1
rating agency opinion shall be sufficient.
(3) Inclusion in transportation plans and programs.--
A project shall satisfy the applicable planning and
programming requirements of sections 134 and 135 at
such time as an agreement to make available a Federal
credit instrument is entered into under the TIFIA
program.
(4) Application.--A State, local government, public
authority, public-private partnership, or any other
legal entity undertaking the project and authorized by
the Secretary shall submit a project application that
is acceptable to the Secretary.
(5) Eligible project cost parameters.--
(A) In general.--Except as provided in
subparagraph (B), a project under the TIFIA
program shall have eligible project costs that
are reasonably anticipated to equal or exceed
the lesser of--
(i) $50,000,000; and
(ii) 331/3 percent of the amount of
Federal highway funds apportioned for
the most recently completed fiscal year
to the State in which the project is
located.
(B) Exceptions.--
(i) Intelligent transportation
systems.--In the case of a project
principally involving the installation
of an intelligent transportation
system, eligible project costs shall be
reasonably anticipated to equal or
exceed $15,000,000.
(ii) Transit-oriented development
projects.--In the case of a project
described in section 601(a)(12)(E),
eligible project costs shall be
reasonably anticipated to equal or
exceed $10,000,000.
(iii) Rural projects.--In the case of
a rural infrastructure project or a
project capitalizing a rural projects
fund, eligible project costs shall be
reasonably anticipated to equal or
exceed $10,000,000, but not to exceed
$100,000,000.
(iv) Local infrastructure projects.--
Eligible project costs shall be
reasonably anticipated to equal or
exceed $10,000,000 in the case of a
project or program of projects--
(I) in which the applicant is
a local government, public
authority, or instrumentality
of local government;
(II) located on a facility
owned by a local government; or
(III) for which the Secretary
determines that a local
government is substantially
involved in the development of
the project.
(6) Dedicated revenue sources.--The applicable
Federal credit instrument shall be repayable, in whole
or in part, from--
(A) tolls;
(B) user fees;
(C) payments owing to the obligor under a
public-private partnership; or
(D) other dedicated revenue sources that also
secure or fund the project obligations.
(7) Public sponsorship of private entities.--In the
case of a project that is undertaken by an entity that
is not a State or local government or an agency or
instrumentality of a State or local government, the
project that the entity is undertaking shall be
publicly sponsored as provided in paragraph (3).
(8) Applications where obligor will be identified
later.--A State, local government, agency or
instrumentality of a State or local government, or
public authority may submit to the Secretary an
application under paragraph (4), under which a private
party to a public-private partnership will be--
(A) the obligor; and
(B) identified later through completion of a
procurement and selection of the private party.
(9) Beneficial effects.--The Secretary shall
determine that financial assistance for the project
under the TIFIA program will--
(A) foster, if appropriate, partnerships that
attract public and private investment for the
project;
(B) enable the project to proceed at an
earlier date than the project would otherwise
be able to proceed or reduce the lifecycle
costs (including debt service costs) of the
project; and
(C) reduce the contribution of Federal grant
assistance for the project.
(10) Project readiness.--
(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance
under the TIFIA program, the applicant shall
demonstrate a reasonable expectation that the
contracting process for construction of the
project can commence by no later than 90 days
after the date on which a Federal credit
instrument is obligated for the project under
the TIFIA program.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
State infrastructure bank shall demonstrate,
not later than 2 years after the date on which
a secured loan is obligated for the project
under the TIFIA program, that the bank has
executed a loan agreement with a borrower for a
rural infrastructure project in accordance with
section 610. After the demonstration is made,
the bank may draw upon the secured loan. At the
end of the 2-year period, to the extent the
bank has not used the loan commitment, the
Secretary may extend the term of the loan or
withdraw the loan commitment.
(b) Selection Among Eligible Projects.--
(1) Establishment.--The Secretary shall establish a
rolling application process under which projects that
are eligible to receive credit assistance under
subsection (a) shall receive credit assistance on terms
acceptable to the Secretary, if adequate funds are
available to cover the subsidy costs associated with
the Federal credit instrument.
(2) Master credit agreements.--
(A) Program of related projects.--The
Secretary may enter into a master credit
agreement for a program of related projects
secured by a common security pledge on terms
acceptable to the Secretary.
(B) Adequate funding not available.--If the
Secretary fully obligates funding to eligible
projects for a fiscal year and adequate funding
is not available to fund a credit instrument, a
project sponsor of an eligible project may
elect to enter into a master credit agreement
and wait to execute a credit instrument until
the fiscal year for which additional funds are
available to receive credit assistance.
(3) Preliminary rating opinion letter.--The Secretary
shall require each project applicant to provide a
preliminary rating opinion letter from at least 1
rating agency--
(A) indicating that the senior obligations of
the project, which may be the Federal credit
instrument, have the potential to achieve an
investment-grade rating; and
(B) including a preliminary rating opinion on
the Federal credit instrument.
(c) Federal Requirements.--
(1) In general.--In addition to the requirements of
this title for highway projects, the requirements of
chapter 53 [of title 49] and section 22905(a) of title
49, subject to the requirements of section 5320(o) of
title 49, for transit projects, and the requirements of
section 5333(a) of title 49 for rail projects, the
following provisions of law shall apply to funds made
available under the TIFIA program and projects assisted
with those funds:
(A) Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.).
(B) The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(C) The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.).
(2) NEPA.--No funding shall be obligated for a
project that has not received an environmental
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.).
(d) Application Processing Procedures.--
(1) Notice of complete application.--Not later than
30 days after the date of receipt of an application
under this section, the Secretary shall provide to the
applicant a written notice to inform the applicant
whether--
(A) the application is complete; or
(B) additional information or materials are
needed to complete the application.
(2) Approval or denial of application.--Not later
than 60 days after the date of issuance of the written
notice under paragraph (1), the Secretary shall provide
to the applicant a written notice informing the
applicant whether the Secretary has approved or
disapproved the application.
(e) Development Phase Activities.--Any credit instrument
secured under the TIFIA program may be used to finance up to
100 percent of the cost of development phase activities as
described in section [601(a)(1)(A)] 601(a)(2)(A).
Sec. 603. Secured loans
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) and (3),
the Secretary may enter into agreements with 1 or more
obligors to make secured loans, the proceeds of which
shall be used--
(A) to finance eligible project costs of any
project selected under section 602;
(B) to refinance interim construction
financing of eligible project costs of any
project selected under section 602;
(C) to refinance existing Federal credit
instruments for rural infrastructure projects;
or
(D) to refinance long-term project
obligations or Federal credit instruments, if
the refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any project that--
(i) is selected under section 602; or
(ii) otherwise meets the requirements
of section 602.
(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not
refinance interim construction financing under
paragraph (1)(B)--
(A) if the maturity of such interim
construction financing is later than 1 year
after the substantial completion of the
project; and
(B) later than 1 year after the date of
substantial completion of the project.
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget, shall determine an appropriate
capital reserve subsidy amount for each secured loan,
taking into account each rating letter provided by an
agency under section 602(b)(3)(B).
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section
with respect to a project shall be on such terms and
conditions and contain such covenants, representations,
warranties, and requirements (including requirements
for audits) as the Secretary determines to be
appropriate.
(2) Maximum amount.--
(A) In general.--Except as provided in
subparagraph (B), the amount of a secured loan
under this section shall not exceed the lesser
of 49 percent of the reasonably anticipated
eligible project costs or if the secured loan
does not receive an investment grade rating,
the amount of the senior project obligations.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
maximum amount of a secured loan made to a
State infrastructure bank shall be determined
in accordance with section 602(a)(5)(B)(iii).
(3) Payment.--A secured loan under this section--
(A) shall--
(i) be payable, in whole or in part,
from--
(I) tolls;
(II) user fees;
(III) payments owing to the
obligor under a public-private
partnership;
(IV) other dedicated revenue
sources that also secure the
senior project obligations; or
(V) in the case of a secured
loan for a project capitalizing
a rural projects fund, any
other dedicated revenue sources
available to a State
infrastructure bank, including
repayments from loans made by
the bank for rural
infrastructure projects; and
(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing
project obligations.
(4) Interest rate.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the interest rate on
a secured loan under this section shall be not
less than the yield on United States Treasury
securities of a similar maturity to the
maturity of the secured loan on the date of
execution of the loan agreement.
(B) Rural infrastructure projects.--
(i) In general.--The interest rate of
a loan offered to a rural
infrastructure project or a rural
projects fund under the TIFIA program
shall be at 1/2 of the Treasury Rate in
effect on the date of execution of the
loan agreement.
(ii) Application.--The rate described
in clause (i) shall only apply to any
portion of a loan the subsidy cost of
which is funded by amounts set aside
for rural infrastructure projects and
rural project funds under section
608(a)(3)(A).
(C) Limited buydowns.--The interest rate of a
secured loan under this section may not be
lowered by more than the lower of--
(i) 11/2 percentage points (150 basis
points); or
(ii) the amount of the increase in
the interest rate.
(5) Maturity date.--
(A) In general.--Except as provided in
subparagraph (B), the final maturity date of
the secured loan shall be the lesser of--
(i) 35 years after the date of
substantial completion of the project;
and
(ii) if the useful life of the
capital asset being financed is of a
lesser period, the useful life of the
asset.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
final maturity date of the secured loan shall
not exceed 35 years after the date on which the
secured loan is obligated.
(6) Nonsubordination.--
(A) In general.--Except as provided in
subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of
project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
(B) Preexisting indenture.--
(i) In general.--The Secretary shall
waive the requirement under
subparagraph (A) for a public agency
borrower that is financing ongoing
capital programs and has outstanding
senior bonds under a preexisting
indenture, if--
(I) the secured loan is rated
in the A category or higher;
(II) the secured loan is
secured and payable from
pledged revenues not affected
by project performance, such as
a tax-backed revenue pledge or
a system-backed pledge of
project revenues; and
(III) the TIFIA program share
of eligible project costs is 33
percent or less.
(ii) Limitation.--If the Secretary
waives the nonsubordination requirement
under this subparagraph--
(I) the maximum credit
subsidy to be paid by the
Federal Government shall be not
more than 10 percent of the
principal amount of the secured
loan; and
(II) the obligor shall be
responsible for paying the
remainder of the subsidy cost,
if any.
(7) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of making a secured loan
under this section.
[(8) Non-federal share.--The proceeds of a secured
loan under the TIFIA program may be used for any 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.]
(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.
(9) Maximum federal involvement.--
(A) In general.--The total Federal assistance
provided for a project receiving a loan under
the TIFIA program shall not exceed 80 percent
of the total project cost.
(B) Rural projects fund.--A project
capitalizing a rural projects fund shall
satisfy subparagraph (A) through compliance
with the Federal share requirement described in
section 610(e)(3)(B).
(C) Territories.--Funds provided for a
territory under section 165(c) shall not be
considered Federal assistance for purposes of
subparagraph (A).
(c) Repayment.--
(1) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on--
(A) the projected cash flow from project
revenues and other repayment sources; and
(B) the useful life of the project.
(2) Commencement.--Scheduled loan repayments of
principal or interest on a secured loan under this
section shall commence not later than 5 years after the
date of substantial completion of the project.
(3) Deferred payments.--
(A) In general.--If, at any time after the
date of substantial completion of the project,
the project is unable to generate sufficient
revenues to pay the scheduled loan repayments
of principal and interest on the secured loan,
the Secretary may, subject to subparagraph (C),
allow the obligor to add unpaid principal and
interest to the outstanding balance of the
secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until
fully repaid; and
(ii) be scheduled to be amortized
over the remaining term of the loan.
(C) Criteria.--
(i) In general.--Any payment deferral
under subparagraph (A) shall be
contingent on the project meeting
criteria established by the Secretary.
(ii) Repayment standards.--The
criteria established pursuant to clause
(i) shall include standards for
reasonable assurance of repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess
revenues that remain after satisfying scheduled
debt service requirements on the project
obligations and secured loan and all deposit
requirements under the terms of any trust
agreement, bond resolution, or similar
agreement securing project obligations may be
applied annually to prepay the secured loan
without penalty.
(B) Use of proceeds of refinancing.--The
secured loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project
and after notifying the obligor, the Secretary may sell
to another entity or reoffer into the capital markets a
secured loan for the project if the Secretary
determines that the sale or reoffering can be made on
favorable terms.
(2) Consent of obligor.--In making a sale or
reoffering under paragraph (1), the Secretary may not
change the original terms and conditions of the secured
loan without the written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan
under this section if the Secretary determines that the
budgetary cost of the loan guarantee is substantially
the same as that of a secured loan.
(2) Terms.--The terms of a loan guarantee under
paragraph (1) shall be consistent with the terms
required under this section for a secured loan, except
that the rate on the guaranteed loan and any prepayment
features shall be negotiated between the obligor and
the lender, with the consent of the Secretary.
(f) Streamlined Application Process.--
(1) In general.--Not later than 180 days after the
date of enactment of the FAST Act, the Secretary shall
make available an expedited application process or
processes available at the request of entities seeking
secured loans under the TIFIA program that use a set or
sets of conventional terms established pursuant to this
section.
(2) Terms.--In establishing the streamlined
application process required by this subsection, the
Secretary may include terms commonly included in prior
credit agreements and allow for an expedited
application period, including--
(A) the secured loan is in an amount of not
greater than $100,000,000;
(B) the secured loan is secured and payable
from pledged revenues not affected by project
performance, such as a tax-backed revenue
pledge, tax increment financing, or a system-
backed pledge of project revenues; and
(C) repayment of the loan commences not later
than 5 years after disbursement.
(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.
* * * * * * *
Sec. 605. Program administration
(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made available
under the TIFIA program.
(b) Fees.--The Secretary may collect and spend fees,
contingent on authority being provided in appropriations Acts,
at a level that is sufficient to cover--
(1) the costs of services of expert firms retained
pursuant to subsection (d); and
(2) all or a portion of the costs to the Federal
Government of servicing the Federal credit instruments.
(c) Servicer.--
(1) In general.--The Secretary may appoint a
financial entity to assist the Secretary in servicing
the Federal credit instruments.
(2) Duties.--A servicer appointed under paragraph (1)
shall act as the agent for the Secretary.
(3) Fee.--A servicer appointed under paragraph (1)
shall receive a servicing fee, subject to approval by
the Secretary.
(d) Assistance From Expert Firms.--The Secretary may retain
the services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting
and servicing of Federal credit instruments.
(e) Expedited Processing.--The Secretary shall implement
procedures and measures to economize the time and cost involved
in obtaining approval and the issuance of credit assistance
under the TIFIA program.
(f) Assistance to Small Projects.--
(1) Reservation of funds.--Of the funds made
available to carry out the TIFIA program for each
fiscal year, and after the set aside under section
608(a)(5), not less than [$2,000,000] $3,000,000 shall
be made available for the Secretary to use in lieu of
fees collected under subsection (b) for projects under
the TIFIA program having eligible project costs that
are reasonably anticipated not to equal or exceed
$75,000,000.
(2) Release of funds.--Any funds not used under
paragraph (1) in a fiscal year shall be made available
on October 1 of the following fiscal year to provide
credit assistance to any project under the TIFIA
program.
* * * * * * *
Sec. 608. Funding
(a) Funding.--
(1) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into
Federal credit instruments shall be promptly
apportioned to the Secretary on a fiscal-year basis.
(2) Reestimates.--If the subsidy cost of a Federal
credit instrument is reestimated, the cost increase or
decrease of the reestimate shall be borne by, or
benefit, the general fund of the Treasury, consistent
with section 504(f) of the Congressional Budget Act of
1974 (2 U.S.C. 661c(f)).
(3) Rural set-aside.--
(A) In general.--Of the total amount of funds
made available to carry out the TIFIA program
for each fiscal year, not more than 10 percent
shall be set aside for rural infrastructure
projects or rural projects funds.
(B) Reobligation.--Any amounts set aside
under subparagraph (A) that remain unobligated
by June 1 of the fiscal year for which the
amounts were set aside shall be available for
obligation by the Secretary on projects other
than rural infrastructure projects or rural
projects funds.
(4) Availability.--Amounts made available to carry
out the TIFIA program shall remain available until
expended.
(5) Administrative costs.--Of the amounts made
available to carry out the TIFIA program, the Secretary
may use not more than [$6,875,000 for fiscal year 2016,
$7,081,000 for fiscal year 2017, $7,559,000 for fiscal
year 2018, $8,195,000 for fiscal year 2019, and
$8,441,000 for fiscal year 2020 for the administration
of the TIFIA program.] 2.5 percent for the
administration of the TIFIA program.
(b) Contract Authority.--
(1) In general.--Notwithstanding any other provision
of law, execution of a term sheet by the Secretary of a
Federal credit instrument that uses amounts made
available under the TIFIA program shall impose on the
United States a contractual obligation to fund the
Federal credit investment.
(2) Availability.--Amounts made available to carry
out the TIFIA program for a fiscal year shall be
available for obligation on October 1 of the fiscal
year.
Sec. 609. Reports to Congress
(a) In General.--On June 1, 2012, and every 2 years
thereafter, the Secretary shall submit to Congress a report
summarizing the financial performance of the projects that are
receiving, or have received, assistance under the TIFIA
program, including a recommendation as to whether the
objectives of the TIFIA program are best served by--
(1) continuing the program under the authority of the
Secretary;
(2) establishing a Federal corporation or federally
sponsored enterprise to administer the program; or
(3) phasing out the program and relying on the
capital markets to fund the types of infrastructure
investments assisted by the TIFIA program without
Federal participation.
(b) Application Process Report.--
(1) In general.--Not later than December 1, 2012, and
annually thereafter, 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 list of all of the letters of interest
and applications received from project sponsors for
assistance under the TIFIA program during the preceding
fiscal year.
(2) Inclusions.--
(A) In general.--Each report under paragraph
(1) shall include, at a minimum, a description
of, with respect to each letter of interest and
application included in the report--
(i) the date on which the letter of
interest or application was received;
(ii) the date on which a notification
was provided to the project sponsor
regarding whether the application was
complete or incomplete;
(iii) the date on which a revised and
completed application was submitted (if
applicable);
(iv) the date on which a notification
was provided to the project sponsor
regarding whether the project was
approved or disapproved; [and]
(v) if the project was not approved,
the reason for the disapproval[.]; and
(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).
(B) Correspondence.--Each report under
paragraph (1) shall include copies of any
correspondence provided to the project sponsor
in accordance with section 602(d).
(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.
* * * * * * *
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TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
CHAPTER 1--ORGANIZATION
Sec.
101. Purpose.
* * * * * * *
118. Nontraditional and Emerging Transportation Technology Council.
* * * * * * *
Sec. 102. Department of Transportation
(a) The Department of Transportation is an executive
department of the United States Government at the seat of
Government.
(b) The head of the Department is the Secretary of
Transportation. The Secretary is appointed by the President, by
and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation
appointed by the President, by and with the advice and consent
of the Senate. The Deputy Secretary--
(1) shall carry out duties and powers prescribed by
the Secretary; and
(2) acts for the Secretary when the Secretary is
absent or unable to serve or when the office of
Secretary is vacant.
(d) The Department has an Under Secretary of Transportation
for Policy appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary shall provide
leadership in the development of policy for the Department,
supervise the policy activities of Assistant Secretaries with
primary responsibility for aviation, international, and other
transportation policy development and carry out other powers
and duties prescribed by the Secretary. The Under Secretary
acts for the Secretary when the Secretary and the Deputy
Secretary are absent or unable to serve, or when the offices of
Secretary and Deputy Secretary are vacant.
(e) Assistant Secretaries; General Counsel.--
(1) Appointment.--The Department has [6 Assistant] 7
Assistant Secretaries and a General Counsel,
including--
(A) an Assistant Secretary for Aviation and
International Affairs, an Assistant Secretary
for Governmental Affairs, an Assistant
Secretary for Research and Technology, and an
Assistant Secretary for Transportation Policy,
who shall each be appointed by the President,
with the advice and consent of the Senate;
(B) an Assistant Secretary for Budget and
Programs who shall be appointed by the
President;
(C) an Assistant Secretary for
Administration, who shall be appointed by the
Secretary, with the approval of the President[;
and];
(D) an Assistant Secretary for Tribal
Government Affairs, who shall be appointed by
the President; and
[(D)] (E) a General Counsel, who shall be
appointed by the President, with the advice and
consent of the Senate.
(2) Duties and powers.--The officers set forth in
paragraph (1) shall carry out duties and powers
prescribed by the Secretary. An Assistant Secretary or
the General Counsel, in the order prescribed by the
Secretary, acts for the Secretary when the Secretary,
Deputy Secretary, and Under Secretary of Transportation
for Policy are absent or unable to serve, or when the
offices of the Secretary, Deputy Secretary, and Under
Secretary of Transportation for Policy are vacant.
(f) [Deputy Assistant Secretary for Tribal Government
Affairs] Office of Tribal Government Affairs.--
[(1) Establishment.--In accordance with Federal
policies promoting Indian self determination, the
Department of Transportation shall have, within the
office of the Secretary, a Deputy Assistant Secretary
for Tribal Government Affairs appointed by the
President to plan, coordinate, and implement the
Department of Transportation policy and programs
serving Indian tribes and tribal organizations and to
coordinate tribal transportation programs and
activities in all offices and administrations of the
Department and to be a participant in any negotiated
rulemaking relating to, or having an impact on,
projects, programs, or funding associated with the
tribal transportation program.]
(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;
(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; and
(F) ensure that Department programs have in
place, implement, and enforce requirements and
obligations for regular and meaningful
consultation and collaboration with Tribes and
Tribal officials under Executive Order No.
13175 and to serve as the primary advisor to
the Secretary and other Department components
regarding violations of those requirements.
(2) Reservation of trust obligations.--
(A) Responsibility of secretary.--In carrying
out this title, the Secretary shall be
responsible to exercise the trust obligations
of the United States to Indians and Indian
tribes to ensure that the rights of a tribe or
individual Indian are protected.
(B) Preservation of united states
responsibility.--Nothing in this title shall
absolve the United States from any
responsibility to Indians and Indian tribes,
including responsibilities derived from the
trust relationship and any treaty, executive
order, or agreement between the United States
and an Indian tribe.
(g) Office of Climate Change and Environment.--
(1) Establishment.--There is established in the
Department an Office of Climate Change and Environment
to plan, coordinate, and implement--
(A) department-wide research, strategies, and
actions under the Department's statutory
authority to reduce transportation-related
energy use and mitigate the effects of climate
change; and
(B) department-wide research strategies and
actions to address the impacts of climate
change on transportation systems and
infrastructure.
(2) Clearinghouse.--The Office shall establish a
clearinghouse of solutions, including cost-effective
congestion reduction approaches, to reduce air
pollution and transportation-related energy use and
mitigate the effects of climate change.
(h) The Department shall have a seal that shall be judicially
recognized.
* * * * * * *
Sec. 116. National Surface Transportation and Innovative Finance Bureau
(a) Establishment.--The Secretary of Transportation shall
establish a National Surface Transportation and Innovative
Finance Bureau in the Department.
(b) Purposes.--The purposes of the Bureau shall be--
[(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);]
(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) using data from the most recent
decennial Census; 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) to administer the application processes for
programs within the Department in accordance with
subsection (d);
(3) to promote innovative financing best practices in
accordance with subsection (e);
(4) to reduce uncertainty and delays with respect to
environmental reviews and permitting in accordance with
subsection (f); and
(5) to reduce costs and risks to taxpayers in project
delivery and procurement in accordance with subsection
(g).
(c) Executive Director.--
(1) Appointment.--The Bureau shall be headed by an
Executive Director, who shall be appointed in the
competitive service by the Secretary, with the approval
of the President.
(2) Duties.--The Executive Director shall--
(A) report to the Under Secretary of
Transportation for Policy;
(B) be responsible for the management and
oversight of the daily activities, decisions,
operations, and personnel of the Bureau;
(C) support the Council on Credit and Finance
established under section 117 in accordance
with this section; and
(D) carry out such additional duties as the
Secretary may prescribe.
(d) Administration of Certain Application Processes.--
(1) In general.--The Bureau shall administer the
application processes for the following programs:
(A) The infrastructure finance programs
authorized under chapter 6 of title 23.
(B) The railroad rehabilitation and
improvement financing program authorized under
sections 501 through 503 of the Railroad
Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 821-823).
(C) Amount allocations authorized under
section 142(m) of the Internal Revenue Code of
1986.
(D) The nationally significant freight and
highway projects program under section 117 of
title 23.
(2) Congressional notification.--The Executive
Director shall ensure that the congressional
notification requirements for each program referred to
in paragraph (1) are followed in accordance with the
statutory provisions applicable to the program.
(3) Reports.--The Executive Director shall ensure
that the reporting requirements for each program
referred to in paragraph (1) are followed in accordance
with the statutory provisions applicable to the
program.
(4) Coordination.--In administering the application
processes for the programs referred to in paragraph
(1), the Executive Director shall coordinate with
appropriate officials in the Department and its modal
administrations responsible for administering such
programs.
(5) Streamlining approval processes.--Not later than
1 year after the date of enactment of this section, the
Executive Director shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation, the Committee on Banking, Housing,
and Urban Affairs, and the Committee on Environment and
Public Works of the Senate a report that--
(A) evaluates the application processes for
the programs referred to in paragraph (1);
(B) identifies administrative and legislative
actions that would improve the efficiency of
the application processes without diminishing
Federal oversight; and
(C) describes how the Executive Director will
implement administrative actions identified
under subparagraph (B) that do not require an
Act of Congress.
(6) Procedures and transparency.--
(A) Procedures.--With respect to the programs
referred to in paragraph (1), the Executive
Director shall--
(i) establish procedures for
analyzing and evaluating applications
and for utilizing the recommendations
of the Council on Credit and Finance;
(ii) establish procedures for
addressing late-arriving applications,
as applicable, and communicating the
Bureau's decisions for accepting or
rejecting late applications to the
applicant and the public; and
(iii) document major decisions in the
application evaluation process through
a decision memorandum or similar
mechanism that provides a clear
rationale for such decisions.
(B) Review.--
(i) In general.--The Comptroller
General of the United States shall
review the compliance of the Executive
Director with the requirements of this
paragraph.
(ii) Recommendations.--The
Comptroller General may make
recommendations to the Executive
Director in order to improve compliance
with the requirements of this
paragraph.
(iii) Report.--Not later than 3 years
after the date of enactment of this
section, the Comptroller General 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 report
on the results of the review conducted
under clause (i), including findings
and recommendations for improvement.
(e) Innovative Financing Best Practices.--
(1) In general.--The Bureau shall work with the modal
administrations within the Department, eligible
entities, and other public and private interests to
develop and promote best practices for innovative
financing and public-private partnerships.
(2) Activities.--The Bureau shall carry out paragraph
(1)--
(A) by making Federal credit assistance
programs more accessible to eligible
recipients;
(B) by providing advice and expertise to
eligible entities that seek to leverage public
and private funding;
(C) by sharing innovative financing best
practices and case studies from eligible
entities with other eligible entities that are
interested in utilizing innovative financing
methods; and
(D) by developing and monitoring--
(i) best practices with respect to
standardized State public-private
partnership authorities and practices,
including best practices related to--
(I) accurate and reliable
assumptions for analyzing
public-private partnership
procurements;
(II) procedures for the
handling of unsolicited bids;
(III) policies with respect
to noncompete clauses; and
(IV) other significant terms
of public-private partnership
procurements, as determined
appropriate by the Bureau;
(ii) standard contracts for the most
common types of public-private
partnerships for transportation
facilities; and
(iii) analytical tools and other
techniques to aid eligible entities in
determining the appropriate project
delivery model, including a value for
money analysis.
(3) Transparency.--The Bureau shall--
(A) ensure the transparency of a project
receiving credit assistance under a program
referred to in subsection (d)(1) and procured
as a public-private partnership by--
(i) requiring the sponsor of the
project to undergo a value for money
analysis or a comparable analysis prior
to deciding to advance the project as a
public-private partnership;
(ii) requiring the analysis required
under subparagraph (A), and other key
terms of the relevant public-private
partnership agreement, to be made
publicly available by the project
sponsor at an appropriate time;
(iii) not later than 3 years after
the date of completion of the project,
requiring the sponsor of the project to
conduct a review regarding whether the
private partner is meeting the terms of
the relevant public-private partnership
agreement; and
(iv) providing a publicly available
summary of the total level of Federal
assistance in such project; and
(B) develop guidance to implement this
paragraph that takes into consideration
variations in State and local laws and
requirements related to public-private
partnerships.
(4) Support to project sponsors.--At the request of
an eligible entity, the Bureau shall provide technical
assistance to the eligible entity regarding proposed
public-private partnership agreements for
transportation facilities, including assistance in
performing a value for money analysis or comparable
analysis.
(f) Environmental Review and Permitting.--
(1) In general.--The Bureau shall take actions that
are appropriate and consistent with the Department's
goals and policies to improve the delivery timelines
for projects carried out under the programs referred to
in subsection (d)(1).
(2) Activities.--The Bureau shall carry out paragraph
(1)--
(A) by serving as the Department's liaison to
the Council on Environmental Quality;
(B) by coordinating efforts to improve the
efficiency and effectiveness of the
environmental review and permitting process;
(C) by providing technical assistance and
training to field and headquarters staff of
Federal agencies on policy changes and
innovative approaches to the delivery of
projects; and
(D) by identifying, developing, and tracking
metrics for permit reviews and decisions by
Federal agencies for projects under the
National Environmental Policy Act of 1969.
(3) Support to project sponsors.--At the request of
an eligible entity that is carrying out a project under
a program referred to in subsection (d)(1), the Bureau,
in coordination with the appropriate modal
administrations within the Department, shall provide
technical assistance with regard to the compliance of
the project with the requirements of the National
Environmental Policy Act 1969 and relevant Federal
environmental permits.
(g) Project Procurement.--
(1) In general.--The Bureau shall promote best
practices in procurement for a project receiving
assistance under a program referred to in subsection
(d)(1) by developing, in coordination with modal
administrations within the Department as appropriate,
procurement benchmarks in order to ensure accountable
expenditure of Federal assistance over the life cycle
of the project.
(2) Procurement benchmarks.--To the maximum extent
practicable, the procurement benchmarks developed under
paragraph (1) shall--
(A) establish maximum thresholds for
acceptable project cost increases and delays in
project delivery;
(B) establish uniform methods for States to
measure cost and delivery changes over the life
cycle of a project; and
(C) be tailored, as necessary, to various
types of project procurements, including
design-bid-build, design-build, and public-
private partnerships.
(3) Data collection.--The Bureau shall--
(A) collect information related to
procurement benchmarks developed under
paragraph (1), including project specific
information detailed under paragraph (2); and
(B) provide on a publicly accessible Internet
Web site of the Department a report on the
information collected under subparagraph (A).
(h) Elimination and Consolidation of Duplicative Offices.--
(1) Elimination of offices.--The Secretary may
eliminate any office within the Department if the
Secretary determines that--
(A) the purposes of the office are
duplicative of the purposes of the Bureau; and
(B) the elimination of the office does not
adversely affect the obligations of the
Secretary under any Federal law.
(2) Consolidation of offices and office functions.--
The Secretary may consolidate any office or office
function within the Department into the Bureau that the
Secretary determines has duties, responsibilities,
resources, or expertise that support the purposes of
the Bureau.
(3) Staffing and budgetary resources.--
(A) In general.--The Secretary shall ensure
that the Bureau is adequately staffed and
funded.
(B) Staffing.--The Secretary may transfer to
the Bureau a position within the Department
from any office that is eliminated or
consolidated under this subsection if the
Secretary determines that the position is
necessary to carry out the purposes of the
Bureau.
(C) Savings provision.--If the Secretary
transfers a position to the Bureau under
subparagraph (B), the Secretary, in
coordination with the appropriate modal
administration, shall ensure that the transfer
of the position does not adversely affect the
obligations of the modal administration under
any Federal law.
(D) Budgetary resources.--
(i) Transfer of funds from eliminated
or consolidated offices.--The Secretary
may transfer to the Bureau funds
allocated to any office or office
function that is eliminated or
consolidated under this subsection to
carry out the purposes of the Bureau.
Any such funds or limitation of
obligations or portions thereof
transferred to the Bureau may be
transferred back to and merged with the
original account.
(ii) Transfer of funds allocated to
administrative costs.--The Secretary
may transfer to the Bureau funds
allocated to the administrative costs
of processing applications for the
programs referred to in subsection
(d)(1). Any such funds or limitation of
obligations or portions thereof
transferred to the Bureau may be
transferred back to and merged with the
original account.
(4) Notification.--Not later than 90 days after the
date of enactment of this section, and every 90 days
thereafter, 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 Banking, Housing, and
Urban Affairs, and the Committee on Commerce, Science,
and Transportation of the Senate of--
(A) the offices eliminated under paragraph
(1) and the rationale for elimination of the
offices;
(B) the offices and office functions
consolidated under paragraph (2) and the
rationale for consolidation of the offices and
office functions;
(C) the actions taken under paragraph (3) and
the rationale for taking such actions; and
(D) any additional legislative actions that
may be needed.
(i) Savings Provisions.--
(1) Laws and regulations.--Nothing in this section
may be construed to change a law or regulation with
respect to a program referred to in subsection (d)(1).
(2) Responsibilities.--Nothing in this section may be
construed to abrogate the responsibilities of an
agency, operating administration, or office within the
Department otherwise charged by a law or regulation
with other aspects of program administration,
oversight, or project approval or implementation for
the programs and projects subject to this section.
(3) Applicability.--Nothing in this section may be
construed to affect any pending application under 1 or
more of the programs referred to in subsection (d)(1)
that was received by the Secretary on or before the
date of enactment of this section.
(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).
[(j)] (k) Definitions.--In this section, the following
definitions apply:
(1) Bureau.--The term ``Bureau'' means the National
Surface Transportation and Innovative Finance Bureau of
the Department.
(2) Department.--The term ``Department'' means the
Department of Transportation.
(3) Eligible entity.--The term ``eligible entity''
means an eligible applicant receiving financial or
credit assistance under 1 or more of the programs
referred to in subsection (d)(1).
(4) Executive director.--The term ``Executive
Director'' means the Executive Director of the Bureau.
(5) Multimodal project.--The term ``multimodal
project'' means a project involving the participation
of more than 1 modal administration or secretarial
office within the Department.
(6) Project.--The term ``project'' means a highway
project, public transportation capital project, freight
or passenger rail project, or multimodal project.
* * * * * * *
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.
* * * * * * *
CHAPTER 3--GENERAL DUTIES AND POWERS
* * * * * * *
SUBCHAPTER II--ADMINISTRATIVE
* * * * * * *
Sec. 330. Research activities
(a) In General.--The Secretary of Transportation may make
contracts with educational institutions, public and private
agencies and organizations, and persons for scientific or
technological research into a problem related to programs
carried out by the Secretary. Before making a contract, the
Secretary must require the institution, agency, organization,
or person to show that it is able to carry out the contract.
(b) Responsibilities.--In carrying out this section, the
Secretary shall--
(1) give advice and assistance the Secretary believes
will best carry out the duties and powers of the
Secretary;
(2) participate in coordinating all research started
under this section;
(3) indicate the lines of inquiry most important to
the Secretary; and
(4) encourage and assist in establishing and
maintaining cooperation by and between contractors and
between them and other research organizations, the
Department of Transportation, and other departments,
agencies, and instrumentalities of the United States
Government.
(c) Publications.--The Secretary may distribute publications
containing information the Secretary considers relevant to
research carried out under this section.
(d) Duties.--The Secretary shall provide for the following:
(1) Coordination, facilitation, and review of
Department of Transportation research and development
programs and activities.
(2) Advancement, and research and development, of
innovative technologies, including intelligent
transportation systems.
(3) Comprehensive transportation statistics research,
analysis, and reporting.
(4) Education and training in transportation and
transportation-related fields.
(5) Activities of the Volpe National Transportation
Systems Center.
(6) Coordination in support of multimodal and
multidisciplinary research activities.
(e) Additional Authorities.--The Secretary may--
(1) enter into grants and cooperative agreements with
Federal agencies, State and local government agencies,
other public entities, private organizations, and other
persons to conduct research into transportation service
and infrastructure assurance and to carry out other
research activities of the Department of
Transportation;
(2) carry out, on a cost-shared basis, collaborative
research and development to encourage innovative
solutions to multimodal transportation problems and
stimulate the deployment of new technology with--
(A) non-Federal entities, including State and
local governments, foreign governments,
institutions of higher education, corporations,
institutions, partnerships, sole
proprietorships, and trade associations that
are incorporated or established under the laws
of any State;
(B) Federal laboratories; and
(C) other Federal agencies; and
(3) directly initiate contracts, grants, cooperative
research and development agreements (as defined in
section 12(d) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a(d))), and other
agreements to fund, and accept funds from, the
Transportation Research Board of the National
Academies, State departments of transportation, cities,
counties, institutions of higher education,
associations, and the agents of those entities to carry
out joint transportation research and technology
efforts.
(f) Federal Share.--
(1) In general.--Subject to paragraph (2), the
Federal share of the cost of an activity carried out
under subsection (e)(3) shall not exceed 50 percent.
(2) Exception.--If the Secretary determines that the
activity is of substantial public interest or benefit,
the Secretary may approve a greater Federal share.
(3) 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 described in subsection (e)(3).
(g) Program Evaluation and Oversight.--For [each of fiscal
years 2016 through 2020] each of fiscal years 2023 through
2026, the Secretary is authorized to expend not more than 1 1/2
percent of the amounts authorized to be appropriated for the
coordination, evaluation, and oversight of the programs
administered by the Office of the Assistant Secretary for
Research and Technology.
(h) Use of Technology.--The research, development, or use of
a technology under a contract, grant, cooperative research and
development agreement, or other agreement entered into under
this section, including the terms under which the technology
may be licensed and the resulting royalties may be distributed,
shall be subject to the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3701 et seq.).
(i) Waiver of Advertising Requirements.--Section 6101 of
title 41 shall not apply to a contract, grant, or other
agreement entered into under this section.
* * * * * * *
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
Chapter Sec.
* * * * * * *
6601Domestic Production of Electric Vehicles..........................
* * * * * * *
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec.
5101. Purpose.
* * * * * * *
5129. Lithium battery approval.
* * * * * * *
Sec. 5107. Hazmat employee training requirements and grants
(a) Training Requirements.--The Secretary shall prescribe by
regulation requirements for training that a hazmat employer
must give hazmat employees of the employer on the safe loading,
unloading, handling, storing, and transporting of hazardous
material and emergency preparedness for responding to an
accident or incident involving the transportation of hazardous
material. The regulations--
(1) shall establish the date, as provided by
subsection (b) of this section, by which the training
shall be completed; and
(2) may provide for different training for different
classes or categories of hazardous material and hazmat
employees.
(b) Beginning and Completing Training.--A hazmat employer
shall begin the training of hazmat employees of the employer
not later than 6 months after the Secretary prescribes the
regulations under subsection (a) of this section. The training
shall be completed within a reasonable period of time after--
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin
carrying out a duty or power of a hazmat employee if
the individual is employed as a hazmat employee after
the 6-month period.
(c) Certification of Training.--After completing the
training, each hazmat employer shall certify, with
documentation the Secretary may require by regulation, that the
hazmat employees of the employer have received training and
have been tested on appropriate transportation areas of
responsibility, including at least one of the following:
(1) recognizing and understanding the Department of
Transportation hazardous material classification
system.
(2) the use and limitations of the Department
hazardous material placarding, labeling, and marking
systems.
(3) general handling procedures, loading and
unloading techniques, and strategies to reduce the
probability of release or damage during or incidental
to transporting hazardous material.
(4) health, safety, and risk factors associated with
hazardous material and the transportation of hazardous
material.
(5) appropriate emergency response and communication
procedures for dealing with an accident or incident
involving hazardous material transportation.
(6) the use of the Department Emergency Response
Guidebook and recognition of its limitations or the use
of equivalent documents and recognition of the
limitations of those documents.
(7) applicable hazardous material transportation
regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting
hazardous material.
(d) Coordination of Training Requirements.--In consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Labor, the Secretary shall ensure that the
training requirements prescribed under this section do not
conflict with or duplicate--
(1) the requirements of regulations the Secretary of
Labor prescribes related to hazard communication, and
hazardous waste operations, and emergency response that
are contained in part 1910 of title 29, Code of Federal
Regulations; and
(2) the regulations the Agency prescribes related to
worker protection standards for hazardous waste
operations that are contained in part 311 of title 40,
Code of Federal Regulations.
(e) Training Grants.--
(1) In general.--Subject to the availability of funds
under section 5128(c), the Secretary shall make grants
under this subsection--
(A) for training instructors to train hazmat
employees; and
(B) to the extent determined appropriate by
the Secretary, for such instructors to train
hazmat employees.
(2) Eligibility.--A grant under this subsection shall
be made through a competitive process to a nonprofit
organization that demonstrates--
(A) expertise in conducting a training
program for hazmat employees; and
(B) the ability to reach and involve in a
training program a target population of hazmat
employees.
(f) Training of Certain Employees.--The Secretary shall
ensure that maintenance-of-way employees and railroad signalmen
receive general awareness and familiarization training and
safety training pursuant to section 172.704 of title 49, Code
of Federal Regulations.
(g) Relationship to Other Laws.--(1) Chapter 35 of title 44
does not apply to an activity of the Secretary under
subsections (a)-(d) of this section.
(2) An action of the Secretary under subsections (a)-(d) of
this section and section 5106 is not an exercise, under section
4(b)(1) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 653(b)(1)), of statutory authority to prescribe or
enforce standards or regulations affecting occupational safety
or health.
(h) Existing Effort.--No grant under subsection (e) shall
supplant or replace existing employer-provided hazardous
materials training efforts or obligations.
(i) Community Safety Grants.--The Secretary shall establish a
competitive program for making grants to nonprofit
organizations for--
(1) conducting national outreach and training
programs to assist communities in preparing for and
responding to accidents and incidents involving the
transportation of hazardous materials, including Class
3 flammable liquids by rail; and
(2) training State and local personnel responsible
for enforcing the safe transportation of hazardous
materials, including Class 3 flammable liquids.
(j) Assistance With Local Emergency Responder Training.--The
Secretary shall establish a program to make grants, on a
competitive basis, to nonprofit organizations to develop
hazardous materials response training for emergency responders
and make such training available electronically or in person.
* * * * * * *
Sec. 5128. Authorization of appropriations
(a) In General.--There are authorized to be appropriated to
the Secretary to carry out this chapter (except sections
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)--
[(1) $53,000,000 for fiscal year 2016;
[(2) $55,000,000 for fiscal year 2017;
[(3) $57,000,000 for fiscal year 2018;
[(4) $58,000,000 for fiscal year 2019; and
[(5) $60,000,000 for fiscal year 2020.]
(1) $75,000,000 for fiscal year 2022;
(2) $70,000,000 for fiscal year 2023;
(3) $71,000,000 for fiscal year 2024;
(4) $73,000,000 for fiscal year 2025; and
(5) $74,000,000 for fiscal year 2026.
(b) Hazardous Materials Emergency Preparedness Fund.--From
the Hazardous Materials Emergency Preparedness Fund established
under section 5116(h), the Secretary may expend, for each of
[fiscal years 2016 through 2020] fiscal years 2022 through
2026--
(1) [$21,988,000] $24,025,000 to carry out section
5116(a);
(2) $150,000 to carry out section 5116(e);
(3) $625,000 to publish and distribute the Emergency
Response Guidebook under section 5116(h)(3); and
(4) [$1,000,000] $2,000,000 to carry out section
5116(i).
(c) Hazardous Materials Training Grants.--From the Hazardous
Materials Emergency Preparedness Fund established pursuant to
section 5116(h), the Secretary may expend [$4,000,000 for each
of fiscal years 2016 through 2020] $5,000,000 for each of
fiscal years 2022 through 2026 to carry out section 5107(e).
(d) Community Safety Grants.--Of the amounts made available
under subsection (a) to carry out this chapter, the Secretary
shall withhold [$1,000,000 for each of fiscal years 2016
through 2020] $4,000,000 for each of fiscal years 2022 through
2026 to carry out section 5107(i).
(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 2022 through 2026 to
carry out the grant program under section 5107(j).
[(e)] (f) Credits to Appropriations.--
(1) Expenses.--In addition to amounts otherwise made
available to carry out this chapter, the Secretary may
credit amounts received from a State, Indian tribe, or
other public authority or private entity for expenses
the Secretary incurs in providing training to the
State, Indian tribe, authority, or entity.
(2) Availability of amounts.--Amounts made available
under this section shall remain available until
expended.
Sec. 5129. Lithium battery approval
(a) Approval to Transport Certain Batteries in Commerce.--A
person may not transport in commerce a specified lithium
battery that is determined by the Secretary to be a high safety
or security risk unless--
(1) the manufacturer of such battery receives an
approval from the Secretary; and
(2) the manufacture of such battery meets the
requirements of this section and the regulations issued
under subsection (d).
(b) Term of Approval.--An approval granted to a manufacturer
under this section shall not exceed 5 years.
(c) Approval Process.--To receive an approval for a specified
lithium battery under this section, a manufacturer shall--
(1) allow the Secretary, or an entity designated by
the Secretary, to inspect the applicant's manufacturing
process and procedures;
(2) bear the cost of any inspection carried out under
paragraph (1); and
(3) develop and implement, with respect to the
manufacture of such battery--
(A) a comprehensive quality management
program; and
(B) appropriate product identification,
marking, documentation, lifespan, and tracking
measures.
(d) Regulations Required.--Not later than 2 years after the
date of enactment of this section, the Secretary shall issue
regulations to carry out this section. Such regulations shall
include--
(1) parameters for, and a process for receiving, an
approval under this section; and
(2) a determination of the types of specified lithium
batteries that pose a high safety or security risk in
transport, including battery or cell type, size, and
energy storage capacity.
(e) Rule of Construction.--Nothing in this section shall be
construed--
(1) to affect any provision, limitation, or
prohibition with respect to the transportation of a
specified lithium battery in effect as of the date of
enactment of this section; or
(2) to authorize transportation of any such battery
if such transportation is not already authorized as of
the date of enactment of this section.
(f) Specified Lithium Battery Defined.--In this section, the
term ``specified lithium battery'' means--
(1) a lithium ion cell or battery; or
(2) a lithium metal cell or battery.
* * * * * * *
CHAPTER 53--PUBLIC TRANSPORTATION
Sec.
5301. Policies and purposes.
* * * * * * *
5308. Multi-jurisdictional bus frequency and ridership competitive
grants.
* * * * * * *
5316. Mobility innovation.
* * * * * * *
5320. Buy America.
* * * * * * *
5328. Transit-supportive communities.
* * * * * * *
5341. U.S. Employment Plan.
Sec. 5301. Policies and purposes
(a) Declaration of Policy.--It is in the interest of the
United States, including the economic interest of the United
States, to foster the development and revitalization of public
transportation systems with the cooperation of both public
transportation companies and private companies engaged in
public transportation.
(b) General Purposes.--The purposes of this chapter are to--
(1) provide funding to support public transportation;
(2) improve the development and delivery of capital
projects;
(3) establish standards for the state of good repair
of public transportation infrastructure and vehicles;
(4) promote continuing, cooperative, and
comprehensive planning that improves the performance of
the transportation network;
(5) establish a technical assistance program to
assist recipients under this chapter to more
effectively and efficiently provide public
transportation service;
(6) continue Federal support for public
transportation providers to deliver high quality
service to all users, including individuals with
disabilities, seniors, and individuals who depend on
public transportation;
(7) support research, development, demonstration, and
deployment projects dedicated to assisting in the
delivery of efficient and effective public
transportation service[; and];
(8) promote the development of the public
transportation workforce[.];
(9) reduce the contributions of the surface
transportation system to the total carbon pollution of
the United States; and
(10) improve the resiliency of the public
transportation network to withstand weather events and
other natural disasters.
Sec. 5302. Definitions
Except as otherwise specifically provided, in this chapter
the following definitions apply:
(1) Associated transit improvement.--The term
``associated transit improvement'' means, with respect
to any project or an area to be served by a project,
projects that are designed to enhance public
transportation service or use and that are physically
or functionally related to transit facilities. Eligible
projects are--
(A) historic preservation, rehabilitation,
and operation of historic public transportation
buildings, structures, and facilities
(including historic bus and railroad
facilities) intended for use in public
transportation service;
(B) bus shelters;
(C) functional landscaping and streetscaping,
including benches, trash receptacles, and
street lights;
(D) pedestrian access and walkways;
(E) bicycle access, including bicycle storage
shelters and parking facilities [and the
installation], the installation of equipment
for transporting bicycles on public
transportation vehicles, charging stations and
docks for electric micromobility devices, and
bikeshare projects;
(F) signage; or
(G) enhanced access for persons with
disabilities to public transportation.
(2) Bus rapid transit system.--The term ``bus rapid
transit system'' means a bus transit system--
(A) in which the majority of each line
operates in a separated right-of-way dedicated
for public transportation use during peak
periods; and
(B) that includes features that emulate the
services provided by rail fixed guideway public
transportation systems, including--
(i) defined stations;
(ii) traffic signal priority for
public transportation vehicles;
(iii) short headway bidirectional
services for a substantial part of
weekdays and weekend days; and
(iv) any other features the Secretary
may determine are necessary to produce
high-quality public transportation
services that emulate the services
provided by rail fixed guideway public
transportation systems.
(3) Capital project.--The term ``capital project''
means a project for--
(A) acquiring, constructing, supervising, or
inspecting equipment or a facility for use in
public transportation, expenses incidental to
the acquisition or construction (including
designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments
for the capital portions of rail trackage
rights agreements, transit-related intelligent
transportation systems, relocation assistance,
acquiring replacement housing sites, and
acquiring, constructing, relocating, and
rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use
in public transportation;
(G) a joint development improvement that--
(i) enhances economic development or
incorporates private investment, such
as commercial and residential
development;
(ii)(I) enhances the effectiveness of
public transportation and is related
physically or functionally to public
transportation; or
(II) establishes new or enhanced
coordination between public
transportation and other
transportation;
[(iii) provides a fair share of
revenue that will be used for public
transportation;]
(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;
(iv) provides that a person making an
agreement to occupy space in a facility
constructed under this paragraph shall
pay a fair share of the costs of the
facility through rental payments and
other means; and
(v) may include--
(I) property acquisition;
(II) demolition of existing
structures;
(III) site preparation;
(IV) utilities;
(V) building foundations;
(VI) walkways;
(VII) pedestrian and bicycle
access to a public
transportation facility;
(VIII) construction,
renovation, and improvement of
intercity bus and intercity
rail stations and terminals;
(IX) renovation and
improvement of historic
transportation facilities;
(X) open space;
(XI) safety and security
equipment and facilities
(including lighting,
surveillance, and related
intelligent transportation
system applications);
(XII) facilities that
incorporate community services
such as daycare or health care;
(XIII) a capital project for,
and improving, equipment or a
facility for an intermodal
transfer facility or
transportation mall; and
(XIV) construction of space
for commercial uses;
(H) the introduction of new technology,
through innovative and improved products, into
public transportation;
(I) the provision of nonfixed route
paratransit transportation services in
accordance with section 223 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are
in compliance with applicable requirements of
that Act, including both fixed route and demand
responsive service, and only for amounts--
(i) not to exceed 10 percent of such
recipient's annual formula
apportionment under sections 5307 and
5311; or
(ii) not to exceed 20 percent of such
recipient's annual formula
apportionment under sections 5307 and
5311, if, consistent with guidance
issued by the Secretary, the recipient
demonstrates that the recipient meets
at least 2 of the following
requirements:
(I) Provides an active fixed
route travel training program
that is available for riders
with disabilities.
(II) Provides that all fixed
route and paratransit operators
participate in a passenger
safety, disability awareness,
and sensitivity training class
on at least a biennial basis.
(III) Has memoranda of
understanding in place with
employers and the American Job
Center to increase access to
employment opportunities for
people with disabilities.
(J) establishing a debt service reserve, made
up of deposits with a bondholder's trustee, to
ensure the timely payment of principal and
interest on bonds issued by a grant recipient
to finance an eligible project under this
chapter;
(K) mobility management--
(i) consisting of short-range
planning and management activities and
projects for improving coordination
among public transportation and other
transportation service providers
carried out by a recipient or
subrecipient through an agreement
entered into with a person, including a
governmental entity, under this chapter
(other than section 5309); but
(ii) excluding operating public
transportation services;
(L) associated capital maintenance,
including--
(i) equipment, tires, tubes, and
material, each costing at least .5
percent of the current fair market
value of rolling stock comparable to
the rolling stock for which the
equipment, tires, tubes, and material
are to be used; and
(ii) reconstruction of equipment and
material, each of which after
reconstruction will have a fair market
value of at least .5 percent of the
current fair market value of rolling
stock comparable to the rolling stock
for which the equipment and material
will be used;
(M) associated transit improvements[; or];
(N) technological changes or innovations to
modify low or [no emission] zero emission
vehicles [(as defined in section 5339(c)) or
facilities.] or facilities; or
(O) the employment of forensic consultants,
cybersecurity experts, or third-party
penetration testers to identify, evaluate,
test, and patch ransomware attack
vulnerabilities.
(4) Designated recipient.--The term ``designated
recipient'' means--
(A) an entity designated, in accordance with
the planning process under sections 5303 and
5304, by the Governor of a State, responsible
local officials, and publicly owned operators
of public transportation, to receive and
apportion amounts under section 5336 to
urbanized areas of 200,000 or more in
population; or
(B) a State or regional authority, if the
authority is responsible under the laws of a
State for a capital project and for financing
and directly providing public transportation.
(5) Disability.--The term ``disability'' has the same
meaning as in section 3(1) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
(6) Emergency regulation.--The term ``emergency
regulation'' means a regulation--
(A) that is effective temporarily before the
expiration of the otherwise specified periods
of time for public notice and comment under
section 5334(c); and
(B) prescribed by the Secretary as the result
of a finding that a delay in the effective date
of the regulation--
(i) would injure seriously an
important public interest;
(ii) would frustrate substantially
legislative policy and intent; or
(iii) would damage seriously a person
or class without serving an important
public interest.
(7) Fixed guideway.--The term ``fixed guideway''
means a public transportation facility--
(A) using and occupying a separate right-of-
way for the exclusive use of public
transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(8) Governor.--The term ``Governor''--
(A) means the Governor of a State, the mayor
of the District of Columbia, and the chief
executive officer of a territory of the United
States; and
(B) includes the designee of the Governor.
(9) Job access and reverse commute project.--
(A) In general.--The term ``job access and
reverse commute project'' means a
transportation project to finance planning,
capital, and operating costs that support the
development and maintenance of transportation
services designed to transport welfare
recipients and eligible low-income individuals
to and from jobs and activities related to
their employment, including transportation
projects that facilitate the provision of
public transportation services from urbanized
areas and rural areas to suburban employment
locations.
(B) Definitions.--In this paragraph:
(i) Eligible low-income individual.--
The term ``eligible low-income
individual'' means an individual whose
family income is at or below 150
percent 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.
(ii) Welfare recipient.--The term
``welfare recipient'' means an
individual who has received assistance
under a State or tribal program funded
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.) at
any time during the 3-year period
before the date on which the applicant
applies for a grant under section 5307
or 5311.
(10) Local governmental authority.--The term ``local
governmental authority'' includes--
(A) a political subdivision of a State;
(B) an authority of at least 1 State or
political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or
commission established under the laws of a
State.
(11) Low-income individual.--The term ``low-income
individual'' means an individual whose family income is
at or below 150 percent of the poverty line, as that
term is defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)), including
any revision required by that section, for a family of
the size involved.
(12) Net project cost.--The term ``net project cost''
means the part of a project that reasonably cannot be
financed from revenues.
(13) New bus model.--The term ``new bus model'' means
a bus model (including a model using alternative
fuel)--
(A) that has not been used in public
transportation in the United States before the
date of production of the model; or
(B) used in public transportation in the
United States, but being produced with a major
change in configuration or components.
(14) Public transportation.--The term ``public
transportation''--
(A) means regular, continuing shared-ride
surface transportation services that are open
to the general public or open to a segment of
the general public defined by age, disability,
or low income; and
(B) does not include--
(i) intercity passenger rail
transportation provided by the entity
described in chapter 243 (or a
successor to such entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for
patrons of one or more specific
establishments; or
(vii) intra-terminal or intra-
facility shuttle services.
(15) Regulation.--The term ``regulation'' means any
part of a statement of general or particular
applicability of the Secretary designed to carry out,
interpret, or prescribe law or policy in carrying out
this chapter.
(16) Rural area.--The term ``rural area'' means an
area encompassing a population of less than 50,000
people that has not been designated in the most recent
decennial census as an ``urbanized area'' by the
Secretary of Commerce.
(17) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(18) Senior.--The term ``senior'' means an individual
who is 65 years of age or older.
(19) State.--The term ``State'' means a State of the
United States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, Guam, American Samoa, and
the Virgin Islands.
(20) State of good repair.--The term ``state of good
repair'' has the meaning given that term by the
Secretary, by rule, under section 5326(b).
(21) Transit.--The term ``transit'' means public
transportation.
(22) Urban area.--The term ``urban area'' means an
area that includes a municipality or other built-up
place that the Secretary, after considering local
patterns and trends of urban growth, decides is
appropriate for a local public transportation system to
serve individuals in the locality.
(23) Urbanized area.--The term ``urbanized area''
means an area encompassing a population of not less
than 50,000 people that has been defined and designated
in the most recent decennial census as an ``urbanized
area'' by the Secretary of Commerce.
(24) Value capture.--The term ``value capture'' means
recovering the increased property value to property
located near public transportation resulting from
investments in public transportation.
(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. 5303. Metropolitan transportation planning
(a) Policy.--It is in the national interest--
[(1) to encourage and promote the safe and efficient
management, operation, and development of resilient
surface transportation systems that will serve the
mobility needs of people and freight and foster
economic growth and development within and between
States and urbanized areas, while minimizing
transportation-related fuel consumption and air
pollution through metropolitan and statewide
transportation planning processes identified in this
chapter; and]
(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight, foster economic growth and
development within and between States and urbanized
areas, and take into consideration resiliency and
climate change adaptation needs while reducing
transportation-related fuel consumption, air pollution,
and greenhouse gas emissions through metropolitan and
statewide transportation planning processes identified
in this chapter; and
(2) to encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 5304(d).
(b) Definitions.--In this section and section 5304, the
following definitions apply:
(1) Metropolitan planning area.--The term
``metropolitan planning area'' means the geographic
area determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' means the policy
board of an organization established as a result of the
designation process under subsection (d).
(3) Nonmetropolitan area.--The term ``nonmetropolitan
area'' means a geographic area outside designated
metropolitan planning areas.
(4) Nonmetropolitan local official.--The term
``nonmetropolitan local official'' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
(5) Regional transportation planning organization.--
The term ``regional transportation planning
organization'' means a policy board of an organization
established as the result of a designation under
section 5304(l).
(6) STIP.--The term ``STIP'' means a statewide
transportation improvement program developed by a State
under section 135(g).
[(6)] (7) TIP.--The term ``TIP'' means a
transportation improvement program developed by a
metropolitan planning organization under subsection
(j).
[(7)] (8) Urbanized area.--The term ``urbanized
area'' means a geographic area with a population of
50,000 or more, as determined by the Bureau of the
Census.
(9) 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).
(c) General Requirements.--
(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans [and transportation
improvement programs] and TIPs through a performance-
driven, outcome-based approach to planning for
metropolitan areas of the State.
(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways, bicycle transportation facilities, and
intermodal facilities that support intercity
transportation, including intercity buses and intercity
bus facilities and commuter vanpool providers) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider
direct and indirect emissions of greenhouse gases.
(d) Designation of Metropolitan Planning Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
(B) in accordance with procedures established
by applicable State or local law.
(2) Structure.--[Not later than 2 years after the
date of enactment of the Federal Public Transportation
Act of 2012, each] Each metropolitan planning
organization that serves an area designated as a
transportation management area shall consist of--
(A) local elected officials;
(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
(C) appropriate State officials.
(3) Representation.--
(A) In general.--Designation or selection of
officials or representatives under paragraph
(2) shall be determined by the metropolitan
planning organization according to the bylaws
or enabling statute of the organization.
(B) Public transportation representative.--
Subject to the bylaws or enabling statute of
the metropolitan planning organization, a
representative of a provider of public
transportation may also serve as a
representative of a local municipality.
(C) Powers of certain officials.--An official
described in paragraph (2)(B) shall have
responsibilities, actions, duties, voting
rights, and any other authority commensurate
with other officials described in paragraph
(2).
(D) Equitable and proportional
representation.--
(i) In general.--In designating
officials or representatives under
paragraph (2), the metropolitan
planning organization shall ensure 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).
(4) Limitation on statutory construction.--Nothing in
this subsection shall be construed to interfere with
the authority, under any State law in effect on
December 18, 1991, of a public agency with multimodal
transportation responsibilities--
(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
(5) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (6).
(6) Redesignation procedures.--
(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of [paragraph (2)] paragraphs (2)
or (3)(D) without undertaking a redesignation.
(7) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning
organization may be designated within [an existing
metropolitan planning area] an urbanized area only if
the Governor and the existing metropolitan planning
organization determine that the size and complexity of
[the existing metropolitan planning area] the area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
(e) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
(4) Existing metropolitan planning areas in
nonattainment.--
(A) In general.--Notwithstanding paragraph
(2), except as provided in subparagraph (B), in
the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan
planning area in existence as of such date of
enactment shall be retained.
(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement
of the Governor and affected metropolitan
planning organizations in the manner described
in subsection (d)(6).
(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
(A) shall be established in the manner
described in subsection (d)(1);
(B) shall encompass the areas described in
paragraph (2)(A);
(C) may encompass the areas described in
paragraph (2)(B); and
(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
(f) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
(A) to enter into agreements or compacts, not
in conflict with any law of the United States,
for cooperative efforts and mutual assistance
in support of activities authorized under this
section as the activities pertain to interstate
areas and localities within the States; and
(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination.--
(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within [a
metropolitan area] an urbanized area or an area which
is designated as a nonattainment area for ozone or
carbon monoxide under the Clean Air Act (42 U.S.C. 7401
et seq.), each metropolitan planning organization shall
consult with the other metropolitan planning
organizations designated for such area and the State in
the coordination of plans and TIPs required by this
section.
(2) Transportation improvements located in multiple
[mpos] metropolitan planning areas.--If a
transportation improvement, funded under this chapter
or title 23, is located within the boundaries of more
than 1 metropolitan planning area, the metropolitan
planning organizations shall coordinate plans and TIPs
regarding the transportation improvement.
(3) Relationship with other planning officials.--
(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, tourism, natural
disaster risk reduction, emergency response and
evacuation, climate change adaptation and
resilience, environmental protection, airport
operations, and freight movements) or to
coordinate its planning process, to the maximum
extent practicable, with such planning
activities.
(B) Requirements.--Under the metropolitan
planning process, transportation plans and TIPs
shall be developed with due consideration of
other related planning activities within the
metropolitan area, and the process shall
provide for the design and delivery of
transportation services within the metropolitan
area that are provided by--
(i) recipients of assistance under
this chapter;
(ii) governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal
assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services;
and
(iii) recipients of assistance under
section 204 of title 23.
(4) Coordination between mpos.--
(A) In general.--If more than one
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.
(h) Scope of Planning Process.--
(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and for freight;
[(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;]
(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;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes, for people and freight;
(G) promote efficient system management and
operation;
(H) emphasize the preservation of the
existing transportation system; [and]
(I) improve the resiliency and reliability of
the transportation system[.] and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation;
(J) support emergency management, response,
and evacuation and hazard mitigation;
(K) improve the level of transportation
system access; and
(L) support inclusive zoning policies and
land use planning practices that incentivize
affordable, elastic, and diverse housing
supply, facilitate long-term economic growth by
improving the accessibility of housing to jobs,
and prevent high housing costs from displacing
economically disadvantaged households.
(2) Performance-based approach.--
[(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of title 23 and the general
purposes described in section 5301.]
(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) of title 23, the achievement of
metropolitan and statewide targets established
under section 150(d) of title 23, the
improvement of transportation system access
(consistent with section 150(f)) of title 23,
and the general purposes described in section
5301 of this title.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each
metropolitan planning
organization shall establish
performance targets that
address the performance
measures described in section
150(c) of title 23, where
applicable, to use in tracking
progress towards attainment of
critical outcomes for the
region of the metropolitan
planning organization.
(II) Coordination.--Selection
of performance targets by a
metropolitan planning
organization shall be
coordinated with the relevant
State to ensure consistency, to
the maximum extent practicable.
(ii) Public transportation
performance targets.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d).
(C) Timing.--Each metropolitan planning
organization shall establish the performance
targets under subparagraph (B) not later than
180 days after the date on which the relevant
State or provider of public transportation
establishes the performance targets.
(D) Integration of other performance-based
plans.--A metropolitan planning organization
shall integrate in the metropolitan
transportation planning process, directly or by
reference, the goals, objectives, performance
measures, and targets described in other State
transportation plans and transportation
processes, as well as any plans developed by
recipients of assistance under this chapter,
required as part of a performance-based
program.
(3) Failure to consider factors.--The failure to
consider any factor specified in paragraphs (1) and (2)
shall not be reviewable by any court under this
chapter, title 23, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
(i) Development of Transportation Plan.--
(1) Requirements.--
(A) In general.--Each metropolitan planning
organization shall prepare and update a
transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
(B) Frequency.--
(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
(I) Any area designated as
nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
(ii) Other areas.--In the case of any
other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
(2) Transportation plan.--A transportation plan under
this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a
minimum, the following:
(A) Identification of transportation
facilities.--
(i) In general.--An identification of
transportation facilities (including
major roadways, public transportation
facilities, intercity bus facilities,
multimodal and intermodal facilities,
nonmotorized transportation facilities,
and intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis
to those facilities that serve
important national and regional
transportation functions.
(ii) Factors.--In formulating the
transportation plan, the metropolitan
planning organization shall consider
factors described in subsection (h) as
the factors relate to a 20-year
forecast period.
(B) Performance measures and targets.--A
description of the performance measures and
performance targets used in assessing the
performance of the transportation system in
accordance with subsection (h)(2).
(C) System performance report.--A system
performance report and subsequent updates
evaluating the condition and performance of the
transportation system with respect to the
performance targets described in subsection
(h)(2), including--
(i) progress achieved by the
metropolitan planning organization in
meeting the performance targets in
comparison with system performance
recorded in previous reports; and
(ii) for metropolitan planning
organizations that voluntarily elect to
develop multiple scenarios, an analysis
of how the preferred scenario has
improved the conditions and performance
of the transportation system and how
changes in local policies and
investments have impacted the costs
necessary to achieve the identified
performance targets.
(D) Mitigation activities.--
(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
reduce greenhouse gas emissions and
restore and maintain the environmental
functions affected by the plan.
(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
(E) Financial plan.--
(i) In general.--A financial plan
that--
(I) demonstrates how the
adopted transportation plan can
be implemented;
(II) indicates resources from
public and private sources that
are reasonably expected to be
made available to carry out the
plan; and
(III) recommends any
additional financing strategies
for needed projects and
programs.
(ii) Inclusions.--The financial plan
may include, for illustrative purposes,
additional projects that would be
included in the adopted transportation
plan if reasonable additional resources
beyond those identified in the
financial plan were available.
(iii) Cooperative development.--For
the purpose of developing the
transportation plan, the metropolitan
planning organization, transit
operator, and State shall cooperatively
develop estimates of funds that will be
available to support plan
implementation.
(F) Operational and management strategies.--
Operational and management strategies to
improve the performance of existing
transportation facilities to relieve vehicular
congestion and maximize the safety and mobility
of people and goods.
(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure, provide for multimodal capacity
increases based on regional priorities and
needs, and reduce the vulnerability of the
existing transportation infrastructure to
natural disasters and climate change.
(H) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities, including
consideration of the role that intercity buses
may play in reducing congestion, pollution,
greenhouse gas emissions, and energy
consumption in a cost-effective manner and
strategies and investments that preserve and
enhance intercity bus systems, including
systems that are privately owned and operated.
(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 conducted
under part 667 of title 23,
Code of Federal Regulations;
(III) at the discretion of
the metropolitan planning
organization, identifies
evacuation routes, assesses the
ability of any such routes to
provide safe passage for
evacuation, access to health
care and public health
facilities, 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,
Tribal, 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.
(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization
shall coordinate the development of a transportation
plan with the process for development of the
transportation control measures of the State
implementation plan required by that Act.
(4) Optional scenario development.--
(A) In general.--A metropolitan planning
organization may, while fitting the needs and
complexity of its community, voluntarily elect
to develop multiple scenarios for consideration
as part of the development of the metropolitan
transportation plan, in accordance with
subparagraph (B).
(B) Recommended components.--A metropolitan
planning organization that chooses to develop
multiple scenarios under subparagraph (A) shall
be encouraged to consider--
(i) potential regional investment
strategies for the planning horizon;
(ii) assumed distribution of
population and employment;
(iii) a scenario that, to the maximum
extent practicable, maintains baseline
conditions for the performance measures
identified in subsection (h)(2);
(iv) a scenario that improves the
baseline conditions for as many of the
performance measures identified in
subsection (h)(2) as possible;
(v) revenue constrained scenarios
based on the total revenues expected to
be available over the forecast period
of the plan; and
(vi) estimated costs and potential
revenues available to support each
scenario.
(C) Metrics.--In addition to the performance
measures identified in section 150(c) of title
23, metropolitan planning organizations may
evaluate scenarios developed under this
paragraph using locally-developed measures.
(5) Consultation.--
(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, air quality, public health,
housing, transportation, resilience, hazard
mitigation, emergency management, and historic
preservation concerning the development of a
long-range transportation plan.
[(B) Issues.--The consultation shall involve,
as appropriate--
[(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
[(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.]
(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.
(6) Participation by interested parties.--
(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, public ports, freight
shippers, providers of freight transportation
services, private providers of transportation
(including intercity bus operators, employer-
based commuting programs, such as a carpool
program, vanpool program, transit benefit
program, parking cash-out program, shuttle
program, or telework program), representatives
of users of public transportation,
representatives of users of pedestrian walkways
and bicycle transportation facilities,
representatives of the disabled, and other
interested parties with a reasonable
opportunity to comment on the transportation
plan.
(B) Contents of participation plan.--A
participation plan--
(i) shall be developed in
consultation with all interested
parties; and
(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
[(C) Methods.--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 World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).]
(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.
(7) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(E), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(E).
(j) Metropolitan TIP.--
(1) Development.--
(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the metropolitan
planning area that--
(i) contains projects consistent with
the current metropolitan transportation
plan;
(ii) reflects the investment
priorities established in the current
metropolitan transportation plan; and
(iii) once implemented, is designed
to make progress toward achieving the
performance targets established under
subsection (h)(2).
(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
(D) Updating and approval.--The TIP shall
be--
(i) updated at least once every 4
years; and
(ii) approved by the metropolitan
planning organization and the Governor.
(2) Contents.--
(A) Priority list.--The TIP shall include a
priority list of proposed [Federally] federally
supported projects and strategies to be carried
out within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan.--The TIP shall include a
financial plan that--
(i) demonstrates how the TIP can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be available to carry out
the program;
(iii) identifies innovative financing
techniques to finance projects,
programs, and strategies; and
(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
(D) [Performance target achievement]
Performance management.--[The transportation
improvement program]
(i) In general._The TIP shall
include, to the maximum extent
practicable, a description of the
anticipated effect of the
transportation improvement program
TIP toward achieving the performance
targets established in the metropolitan
transportation plan, linking investment
priorities to those performance
targets.
(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
anticipated effect of the TIP
would improve the overall level
of transportation system
access, consistent with section
150(f) of title 23.
(3) Included projects.--
(A) Projects under this chapter and title
23.--A TIP developed under this subsection for
a metropolitan area shall include the projects
within the area that are proposed for funding
under this chapter and chapter 1 of title 23.
(B) Projects under chapter 2 of title 23.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
[transportation improvement program]
TIP.
(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the [transportation
improvement program] TIP.
(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
(E) Resilience projects.--The TIP shall--
(i) identify any 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.
(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
(5) Selection of projects.--
(A) In general.--Except as otherwise provided
in subsection (k)(4) and in addition to the TIP
development required under paragraph (1), the
selection of [Federally] federally funded
projects in metropolitan areas shall be carried
out, from the approved TIP--
(i) by--
(I) in the case of projects
under title 23, the State; and
(II) in the case of projects
under this chapter, the
designated recipients of public
transportation funding; and
(ii) in cooperation with the
metropolitan planning organization.
(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
(B) Required action by the secretary.--Action
by the Secretary shall be required for a State
or metropolitan planning organization to select
any project from the illustrative list of
additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion
in an approved TIP.
(7) Publication.--
(A) Publication of tips.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
(B) Publication of annual listings of
projects.--
(i) In general.--An annual listing of
projects, including investments in
pedestrian walkways and bicycle
transportation facilities, for which
Federal funds have been obligated in
the preceding year shall be published
or otherwise made available by the
cooperative effort of the State,
transit operator, and metropolitan
planning organization for public
review.
(ii) Requirement.--The listing shall
be consistent with the categories
identified in the TIP.
(k) Transportation Management Areas.--
(1) Identification and designation.--
(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
(3) Congestion management process.--
(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section [shall address
congestion management] shall address--
(i) congestion management through a
process that provides for effective
management and operation, based on a
cooperatively developed and implemented
metropolitan-wide strategy, of new and
existing transportation facilities
eligible for funding under this chapter
and title 23 through the use of travel
demand reduction (including intercity
bus operators, employer-based commuting
programs, such as a carpool program,
vanpool program, transit benefit
program, parking cash-out program,
shuttle program, or telework program),
job access projects, and operational
management strategies[.]; and
(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) of title 23, that
is based on a cooperatively developed
and implemented metropolitan-wide
strategy, assessing both new and
existing transportation facilities
eligible for funding under this chapter
and title 23.
(B) Schedule.--The Secretary shall establish
an appropriate phase-in schedule for compliance
with the requirements of this section but no
sooner than 1 year after the identification of
a transportation management area.
(C) Congestion management plan.--A
metropolitan planning organization serving a
transportation management area may develop a
plan that includes projects and strategies that
will be considered in the TIP of such
metropolitan planning organization. Such plan
shall--
(i) develop regional goals to reduce
vehicle miles traveled during peak
commuting hours and improve
transportation connections between
areas with high job concentration and
areas with high concentrations of low-
income households;
(ii) identify existing public
transportation services, employer-based
commuter programs, and other existing
transportation services that support
access to jobs in the region; and
(iii) identify proposed projects and
programs to reduce congestion and
increase job access opportunities.
(D) Participation.--In developing the plan
under subparagraph (C), a metropolitan planning
organization shall consult with employers,
private and non-profit providers of public
transportation, transportation management
organizations, and organizations that provide
job access reverse commute projects or job-
related services to low-income individuals.
(4) Selection of projects.--
(A) In general.--All [Federally] federally
funded projects carried out within the
boundaries of a metropolitan planning area
serving a transportation management area under
title 23 (excluding projects carried out on the
National Highway System) or under this chapter
shall be selected for implementation from the
approved TIP by the metropolitan planning
organization designated for the area in
consultation with the State and any affected
public transportation operator.
(B) National highway system projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law[; and];
(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the
Governor[.]; and
(iii) the TIP approved under clause
(ii) makes progress towards improving
the level of transportation system
access, consistent with section 150(f)
of title 23.
(C) Effect of failure to certify.--
(i) Withholding of project funds.--If
a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this chapter and title 23.
(ii) Restoration of withheld funds.--
The withheld funds shall be restored to
the metropolitan planning area at such
time as the metropolitan planning
process is certified by the Secretary.
(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
(l) Report on Performance-based Planning Processes.--
(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection.
(2) Report.--Not later than [5 years after the date
of enactment of the Federal Public Transportation Act
of 2012] 2 years after the date of enactment of the
INVEST in America Act, and every 2 years thereafter,
the Secretary shall submit to Congress a report
evaluating--
(A) the overall effectiveness of performance-
based planning as a tool for guiding
transportation investments;
(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
(C) the extent to which metropolitan planning
organizations have achieved, or are currently
making substantial progress toward achieving,
the performance targets specified under this
section [and whether metropolitan planning
organizations are developing meaningful
performance targets; and];
[(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area with a population of
200,000 or less and their ability to carry out
the requirements of this section.]
(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) of title 23);
and
(E) the progress of implementing the measure
established under section 150(f) of title 23.
(3) Publication.--The report under paragraph (2)
shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
(m) Abbreviated Plans for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
(n) Additional Requirements for Certain Nonattainment
Areas.--
(1) In general.--Notwithstanding any other provisions
of this chapter or title 23, for transportation
management areas classified as nonattainment for ozone
or carbon monoxide pursuant to the Clean Air Act (42
U.S.C. 7401 et seq.), Federal funds may not be advanced
in such area for any highway project that will result
in a significant increase in the carrying capacity for
single-occupant vehicles unless the project is
addressed through a congestion management process.
(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this chapter or title 23.
(p) Funding.--Funds apportioned under [section 104(b)(5)]
section 104(b)(6) of title 23 or section 5305(g) shall be
available to carry out this section.
(q) Continuation of Current Review Practice.--Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.
(r) Bi-State Metropolitan Planning Organization.--
(1) Definition of bi-state mpo region.--In this
subsection, the term ``Bi-State Metropolitan Planning
Organization'' has the meaning given the term
``region'' in subsection (a) of Article II of the Lake
Tahoe Regional Planning Compact (Public Law 96-551; 94
Stat. 3234).
(2) Treatment.--For the purpose of this title, the
Bi-State Metropolitan Planning Organization shall be
treated as--
(A) a metropolitan planning organization;
(B) a transportation management area under
subsection (k); and
(C) an urbanized area, which is comprised of
a population of 145,000 and 25 square miles of
land area and 25 square miles of land area in
the State of California and a population of
65,000 and 12 square miles of land area and 12
square miles of land area in the State of
Nevada.
Sec. 5304. Statewide and nonmetropolitan transportation planning
(a) General Requirements.--
(1) Development of plans and programs.--Subject to
section 5303, to accomplish the objectives stated in
section 5303(a), each State shall develop a statewide
transportation plan and a [statewide transportation
improvement program] STIP for all areas of the State.
(2) Contents.--[The statewide transportation plan and
the]
(A) In general._The statewide transportation
plan and the [transportation improvement
program] STIP developed for each State shall
provide for the development and integrated
management and operation of transportation
systems and facilities (including accessible
pedestrian walkways, bicycle transportation
facilities, and intermodal facilities that
support intercity transportation, including
intercity buses and intercity bus facilities
and commuter vanpool providers) that will
function as an intermodal transportation system
for the State and an integral part of an
intermodal transportation system for the United
States.
(B) Consideration.--In developing the
statewide transportation plans and STIPs,
States shall consider direct and indirect
emissions of greenhouse gases.
(3) Process of development.--The process for
developing the statewide plan and the [transportation
improvement program] STIP shall provide for
consideration of all modes of transportation and the
policies stated in section 5303(a) and shall be
continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
(b) Coordination With Metropolitan Planning; State
Implementation Plan.--A State shall--
(1) coordinate planning carried out under this
section with the transportation planning activities
carried out under section 5303 for metropolitan areas
of the State and with statewide trade and economic
development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act
(42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.--
(1) In general.--Two or more States may enter into
agreements or compacts, not in conflict with any law of
the United States, for cooperative efforts and mutual
assistance in support of activities authorized under
this section related to interstate areas and localities
in the States and establishing authorities the States
consider desirable for making the agreements and
compacts effective.
(2) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
(d) Scope of Planning Process.--
(1) In general.--Each State shall carry out a
statewide transportation planning process that provides
for consideration and implementation of projects,
strategies, and services that will--
(A) support the economic vitality of the
United States, the States, nonmetropolitan
areas, and metropolitan areas, especially by
enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation
system for motorized and nonmotorized users;
(C) increase the security of the
transportation system for motorized and
nonmotorized users;
(D) increase the accessibility and mobility
of people and freight;
(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;
(F) enhance the integration and connectivity
of the transportation system, across and
between modes throughout the State, for people
and freight;
(G) promote efficient system management and
operation;
(H) emphasize the preservation of the
existing transportation system; [and]
(I) improve the resiliency and reliability of
the transportation system[.] and reduce or
mitigate stormwater, sea level rise, extreme
weather, and climate change impacts of surface
transportation;
(J) facilitate emergency management,
response, and evacuation and hazard mitigation;
(K) improve the level of transportation
system access; and
(L) support inclusive zoning policies and
land use planning practices that incentivize
affordable, elastic, and diverse housing
supply, facilitate long-term economic growth by
improving the accessibility of housing to jobs,
and prevent high housing costs from displacing
economically disadvantaged households.
(2) Performance-based approach.--
[(A) In general.--The statewide
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of title 23 and the general
purposes described in section 5301.]
(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) of title 23;
(ii) the consideration of
transportation system access
(consistent with section 150(f) of
title 23);
(iii) the achievement of statewide
targets established under section
150(d) of title 23; and
(iv) the general purposes described
in section 5301 of this title.
(B) Performance targets.--
(i) Surface transportation
performance targets.--
(I) In general.--Each State
shall establish performance
targets that address the
performance measures described
in section 150(c) of title 23,
where applicable, to use in
tracking progress towards
attainment of critical outcomes
for the State.
(II) Coordination.--Selection
of performance targets by a
State shall be coordinated with
the relevant metropolitan
planning organizations to
ensure consistency, to the
maximum extent practicable.
(ii) Public transportation
performance targets.--In areas with a
population of fewer than 200,000
individuals, as calculated according to
the most recent decennial census, and
not represented by a metropolitan
planning organization, selection of
performance targets by a State shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d).
(C) Integration of other performance-based
plans.--A State shall integrate into the
statewide transportation planning process,
directly or by reference, the goals,
objectives, performance measures, and targets
described in this paragraph, in other State
transportation plans and transportation
processes, as well as any plans developed
pursuant to title 23 by providers of public
transportation in areas with a population of
fewer than 200,000 individuals, as calculated
according to the most recent decennial census,
and not represented by a metropolitan planning
organization, required as part of a
performance-based program.
(D) Use of performance measures and
targets.--The performance measures and targets
established under this paragraph shall be
considered by a State when developing policies,
programs, and investment priorities reflected
in the statewide transportation plan and
[statewide transportation improvement program]
STIP.
(3) Failure to consider factors.--The failure to take
into consideration the factors specified in paragraphs
(1) and (2) shall not be subject to review by any court
under this chapter, title 23, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter
affecting a statewide transportation plan, a [statewide
transportation improvement program] STIP, a project or
strategy, or the certification of a planning process.
(e) Additional Requirements.--``In carrying out planning
under this section, each State shall, at a minimum--
(1) with respect to nonmetropolitan areas, cooperate
with affected local officials with responsibility for
transportation or, if applicable, through regional
transportation planning organizations described in
subsection (l);
(2) consider the concerns of Indian tribal
governments and Federal land management agencies that
have jurisdiction over land within the boundaries of
the State; and
(3) consider coordination of transportation plans,
the [transportation improvement program] STIP, and
planning activities with related planning activities
being carried out outside of metropolitan planning
areas and between States.
(f) Long-Range Statewide Transportation Plan.--
(1) Development.--Each State shall develop a long-
range statewide transportation plan, with a minimum 20-
year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
(2) Consultation with governments.--
(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation
with the metropolitan planning organization
designated for the metropolitan area under
section 5303.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed
in cooperation with affected
nonmetropolitan officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (l).
(ii) Role of secretary.--The
Secretary shall not review or approve
the consultation process in each State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the statewide
transportation plan shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
(D) Consultation, comparison, and
consideration.--
(i) In general.--The long-range
transportation plan shall be developed,
as appropriate, in consultation with
State, tribal, and local agencies
responsible for land use management,
natural resources, environmental
protection, conservation, air quality,
public health, housing, transportation,
resilience, hazard mitigation,
emergency management, and historic
preservation.
[(ii) Comparison and consideration.--
Consultation under clause (i) shall
involve comparison of transportation
plans to State and tribal conservation
plans or maps, if available, and
comparison of transportation plans to
inventories of natural or historic
resources, if available.]
(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.
(3) Participation by interested parties.--
(A) In general.--In developing the statewide
transportation plan, the State shall provide
to--
(i) nonmetropolitan local elected
officials, or, if applicable, through
regional transportation planning
organizations described in subsection
(l), an opportunity to participate in
accordance with subparagraph (B)(i);
and
(ii) citizens, affected public
agencies, representatives of public
transportation employees, public ports,
freight shippers, private providers of
transportation (including intercity bus
operators, employer-based commuting
programs, such as a carpool program,
vanpool program, transit benefit
program, parking cash-out program,
shuttle program, or telework program),
representatives of users of public
transportation, representatives of
users of pedestrian walkways and
bicycle transportation facilities,
representatives of the disabled,
providers of freight transportation
services, and other interested parties
a reasonable opportunity to comment on
the proposed plan.
(B) Methods.--[In carrying out]
(i) In general._in carrying out
subparagraph (A), the State shall, to
the maximum extent practicable--
[(i)] (I) develop and
document a consultative process
to carry out subparagraph
(A)(i) that is separate and
discrete from the public
involvement process developed
under clause (ii);
[(ii)] (II) hold any public
meetings at convenient and
accessible locations and times;
[(iii)] (III) employ
visualization techniques to
describe plans; and
[(iv)] (IV) make public
information available in
electronically accessible
format and means, such as the
World Wide Web, 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
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.
(4) Mitigation activities.--
(A) In general.--A long-range transportation
plan shall include a discussion of potential
environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to reduce greenhouse gas emissions
and restore and maintain the environmental
functions affected by the plan.
(B) Consultation.--The discussion shall be
developed in consultation with Federal, State,
and tribal wildlife, land management, and
regulatory agencies.
(5) Financial plan.--The statewide transportation
plan may include--
(A) a financial plan that--
(i) demonstrates how the adopted
statewide transportation plan can be
implemented;
(ii) indicates resources from public
and private sources that are reasonably
expected to be made available to carry
out the plan; and
(iii) recommends any additional
financing strategies for needed
projects and programs; and
(B) for illustrative purposes, additional
projects that would be included in the adopted
statewide transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
(6) Selection of projects from illustrative list.--A
State shall not be required to select any project from
the illustrative list of additional projects included
in the financial plan described in paragraph (5).
(7) Performance-based approach.--The statewide
transportation plan should include--
(A) a description of the performance measures
and performance targets used in assessing the
performance of the transportation system in
accordance with subsection (d)(2); and
(B) a system performance report and
subsequent updates evaluating the condition and
performance of the transportation system with
respect to the performance targets described in
subsection (d)(2), including progress achieved
by the metropolitan planning organization in
meeting the performance targets in comparison
with system performance recorded in previous
reports;
(8) Existing system.--The statewide transportation
plan should include capital, operations and management
strategies, investments, procedures, and other measures
to ensure the preservation and most efficient use of
the existing transportation system including
consideration of the role that intercity buses may play
in reducing congestion, pollution, greenhouse gas
emissions, and energy consumption in a cost-effective
manner and strategies and investments that preserve and
enhance intercity bus systems, including systems that
are privately owned and operated.
(9) Publication of long-range transportation plans.--
Each long-range transportation plan prepared by a State
shall be published or otherwise made available,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as
the World Wide Web.
(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 conducted under part
667 of title 23, Code of Federal
Regulations;
(iii) identifies evacuation routes,
assesses the ability of any such routes
to provide safe passage for evacuation,
access to health care and public health
facilities, and emergency response
during an emergency event, and
identifies any improvements or
redundant facilities necessary to
adequately facilitate safe passage;
(iv) describes the State's adaptation
and resilience improvement strategies
that will inform the transportation
investment decisions of the State; and
(v) is consistent with and
complementary of the State, Tribal, 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 paragraph shall be developed in
consultation with, as appropriate, metropolitan
planning organizations and State, local, and
Tribal officials responsible for land use,
housing, resilience, hazard mitigation, and
emergency management.
(g) Statewide Transportation Improvement Program.--
(1) Development.--
(A) In general.--Each State shall develop a
[statewide transportation improvement program]
STIP for all areas of the State.
(B) Duration and updating of program.--Each
program developed under subparagraph (A) shall
cover a period of 4 years and shall be updated
every 4 years or more frequently if the
Governor of the State elects to update more
frequently.
(2) Consultation with governments.--
(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program
shall be developed in cooperation with the
metropolitan planning organization designated
for the metropolitan area under section 5303.
(B) Nonmetropolitan areas.--
(i) In general.--With respect to each
nonmetropolitan area in the State, the
program shall be developed in
cooperation with affected
nonmetropolitan local officials with
responsibility for transportation or,
if applicable, through regional
transportation planning organizations
described in subsection (l).
(ii) Role of secretary.--The
Secretary shall not review or approve
the specific consultation process in
the State.
(C) Indian tribal areas.--With respect to
each area of the State under the jurisdiction
of an Indian tribal government, the program
shall be developed in consultation with the
tribal government and the Secretary of the
Interior.
(3) Participation by interested parties.--In
developing the program, the State shall provide
citizens, affected public agencies, representatives of
public transportation employees, freight shippers,
private providers of transportation, providers of
freight transportation services, representatives of
users of public transportation, representatives of
users of pedestrian walkways and bicycle transportation
facilities, representatives of the disabled, and other
interested parties with a reasonable opportunity to
comment on the proposed program.
(4) [Performance target achievement] Performance
management.--A [statewide transportation improvement
program shall include, to the maximum extent
practicable, a discussion] STIP shall include--
(A)a discussion of the anticipated effect of
the [statewide transportation improvement
program] STIP toward achieving the performance
targets established in the statewide
transportation plan, linking investment
priorities to those performance targets[.]; and
(B) a consideration of the anticipated effect
of the STIP on the overall level of
transportation system access, consistent with
section 150(f) of title 23.
(5) Included projects.--
(A) In general.--A [transportation
improvement program] STIP developed under this
subsection for a State shall include Federally
supported surface transportation expenditures
within the boundaries of the State.
(B) Listing of projects.--
(i) In general.--An annual listing of
projects for which funds have been
obligated for the preceding year in
each metropolitan planning area shall
be published or otherwise made
available by the cooperative effort of
the State, transit operator, and the
metropolitan planning organization for
public review.
(ii) Funding categories.--The listing
described in clause (i) shall be
consistent with the funding categories
identified in each [metropolitan
transportation improvement program]
TIP.
(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.
(C) Projects under chapter 2.--
(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
[transportation improvement program]
STIP.
(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the [transportation
improvement program] STIP.
(D) Consistency with statewide transportation
plan.--Each project shall be--
(i) consistent with the statewide
transportation plan developed under
this section for the State;
(ii) identical to the project or
phase of the project as described in an
approved metropolitan transportation
plan; and
(iii) in conformance with the
applicable State air quality
implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an
area designated as a nonattainment area
for ozone, particulate matter, or
carbon monoxide under part D of title I
of that Act (42 U.S.C. 7501 et seq.).
(E) Requirement of anticipated full
funding.--The [transportation improvement
program] STIP shall include a project, or an
identified phase of a project, only if full
funding can reasonably be anticipated to be
available for the project within the time
period contemplated for completion of the
project.
(F) Financial plan.--
(i) In general.--The [transportation
improvement program] STIP may include a
financial plan that demonstrates how
the approved [transportation
improvement program] STIP can be
implemented, indicates resources from
public and private sources that are
reasonably expected to be made
available to carry out the
[transportation improvement program]
STIP, and recommends any additional
financing strategies for needed
projects and programs.
(ii) Additional projects.--The
financial plan may include, for
illustrative purposes, additional
projects that would be included in the
adopted transportation plan if
reasonable additional resources beyond
those identified in the financial plan
were available.
(G) Selection of projects from illustrative
list.--
(i) No required selection.--
Notwithstanding subparagraph (F), a
State shall not be required to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F).
(ii) Required action by the
secretary.--Action by the Secretary
shall be required for a State to select
any project from the illustrative list
of additional projects included in the
financial plan under subparagraph (F)
for inclusion in an approved
[transportation improvement program]
STIP.
(H) Priorities.--The [transportation
improvement program] STIP shall reflect the
priorities for programming and expenditures of
funds, including transportation enhancement
activities, required by this chapter and title
23.
(6) Project selection for areas of less than 50,000
population.--
(A) In general.--Projects carried out in
areas with populations of less than 50,000
individuals shall be selected, from the
approved [transportation improvement program]
STIP (excluding projects carried out on the
National Highway System [and projects carried
out under the bridge program or the Interstate
maintenance program under title 23] or under
sections 5310 and 5311 of this chapter), by the
State in cooperation with the affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in subsection
(l).
(B) Other projects.--Projects carried out in
areas with populations of less than 50,000
individuals on the National Highway System [or
under the bridge program or the Interstate
maintenance program] under title 23 or under
sections 5310 and 5311 of this chapter shall be
selected, from the approved [statewide
transportation improvement program] STIP, by
the State in consultation with the affected
nonmetropolitan local officials with
responsibility for transportation.
(7) [Transportation improvement program] STIP
approval.--Every 4 years, a [transportation improvement
program] STIP developed under this subsection shall be
reviewed and approved by the Secretary if based on a
current planning finding.
(8) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the
transportation planning process through which
[statewide transportation plans and programs] statewide
transportation plans and STIPs are developed is
consistent with this section and section 5303.
(9) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a
project included in the approved [transportation
improvement program] STIP in place of another project
in the program.
(h) Performance-based Planning Processes Evaluation.--
(1) In general.--The Secretary shall establish
criteria to evaluate the effectiveness of the
performance-based planning processes of States, taking
into consideration the following:
(A) The extent to which the State is making
progress toward achieving, the performance
targets described in subsection (d)(2), taking
into account whether the State developed
appropriate performance targets.
(B) The extent to which the State has made
transportation investments that are efficient
and cost-effective.
(C) The extent to which the State--
(i) has developed an investment
process that relies on public input and
awareness to ensure that investments
are transparent and accountable; and
(ii) provides reports allowing the
public to access the information being
collected in a format that allows the
public to meaningfully assess the
performance of the State.
(2) Report.--
(A) In general.--[Not later than 5 years
after the date of enactment of the Federal
Public Transportation Act of 2012,] Not less
frequently than once every 4 years, the
Secretary shall submit to Congress a report
evaluating--
(i) the overall effectiveness of
performance-based planning as a tool
for guiding transportation investments;
and
(ii) the effectiveness of the
performance-based planning process of
each State.
(B) Publication.--The report under
subparagraph (A) shall be published or
otherwise made available in electronically
accessible formats and means, including on the
Internet.
(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5303, and
sections 134 and 135 of title 23, State laws, rules, or
regulations pertaining to congestion management systems or
programs may constitute the congestion management process under
this this section and section 5303, and sections 134 and 135 of
title 23, if the Secretary finds that the State laws, rules, or
regulations are consistent with, and fulfill the intent of, the
purposes of this section and section 5303, and sections 134 and
135 of title 23, as appropriate.
(j) Continuation of Current Review Practice.--Since the
statewide transportation plan and the [transportation
improvement program] STIP described in this section are subject
to a reasonable opportunity for public comment, since
individual projects included in the statewide transportation
plans and the [transportation improvement program] STIP are
subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the
Secretary concerning statewide transportation plans or the
[transportation improvement program] STIP described in this
section have not been reviewed under that Act as of January 1,
1997, any decision by the Secretary concerning a metropolitan
or statewide transportation plan or the [transportation
improvement program] STIP described in this section shall not
be considered to be a Federal action subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(k) Schedule for Implementation.--The Secretary shall issue
guidance on a schedule for implementation of the changes made
by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not
require a State to deviate from its established planning update
cycle to implement changes made by this section. States shall
reflect changes made to their transportation plan or
transportation improvement program updates not later than 2
years after the date of issuance of guidance by the Secretary
under this subsection.
(l) Designation of Regional Transportation Planning
Organizations.--
(1) In general.--To carry out the transportation
planning process required by this section, a State may
establish and designate regional transportation
planning organizations to enhance the planning,
coordination, and implementation of statewide strategic
long-range transportation plans and [transportation
improvement programs] STIPs, with an emphasis on
addressing the needs of nonmetropolitan areas of the
State.
(2) Structure.--A regional transportation planning
organization shall be established as a
multijurisdictional organization of nonmetropolitan
local officials or their designees who volunteer for
such organization and representatives of local
transportation systems who volunteer for such
organization.
(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
(A) a policy committee, the majority of which
shall consist of nonmetropolitan local
officials, or their designees, and, as
appropriate, additional representatives from
the State, private business, transportation
service providers, economic development
practitioners, and the public in the region;
and
(B) a fiscal and administrative agent, such
as an existing regional planning and
development organization, to provide
professional planning, management, and
administrative support.
(4) Duties.--The duties of a regional transportation
planning organization shall include--
(A) developing and maintaining, in
cooperation with the State, regional long-range
multimodal transportation plans;
(B) developing a regional transportation
improvement program for consideration by the
State;
(C) fostering the coordination of local
planning, land use, and economic development
plans with State, regional, and local
transportation plans and programs;
(D) providing technical assistance to local
officials;
(E) participating in national, multistate,
and State policy and planning development
processes to ensure the regional and local
input of nonmetropolitan areas;
(F) providing a forum for public
participation in the statewide and regional
transportation planning processes;
(G) considering and sharing plans and
programs with neighboring regional
transportation planning organizations,
metropolitan planning organizations, and, where
appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to
support and enhance the statewide planning
process under subsection (d).
(5) States without regional transportation planning
organizations.--If a State chooses not to establish or
designate a regional transportation planning
organization, the State shall consult with affected
nonmetropolitan local officials to determine projects
that may be of regional significance.
* * * * * * *
Sec. 5307. Urbanized area formula grants
(a) General Authority.--
(1) Grants.--The Secretary may make grants under this
section for--
(A) capital projects;
(B) planning;
(C) job access and reverse commute projects;
and
(D) operating costs of equipment and
facilities for use in public transportation in
an urbanized area with a population of fewer
than 200,000 individuals, as determined by the
Bureau of the Census.
(2) The Secretary may make grants under this section
to finance the operating cost of equipment and
facilities for use in public transportation, excluding
rail fixed guideway, in an urbanized area with a
population of not fewer than 200,000 individuals, as
determined by the Bureau of the Census--
(A) for public transportation systems that--
(i) operate 75 or fewer buses in
fixed route service or demand response
service, excluding ADA complementary
paratransit service, during peak
service hours, in an amount not to
exceed 75 percent of the share of the
apportionment which is attributable to
such systems within the urbanized area,
as measured by vehicle revenue hours;
[or]
(ii) operate a minimum of 76 buses
and a maximum of 100 buses in fixed
route service or demand response
service, excluding ADA complementary
paratransit service, during peak
service hours, in an amount not to
exceed 50 percent of the share of the
apportionment which is attributable to
such systems within the urbanized area,
as measured by vehicle revenue hours;
or
(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
(B) subject to paragraph (3), for public
transportation systems that--
(i) operate 75 or fewer buses in
fixed route service or demand response
service, excluding ADA complementary
paratransit service, during peak
service hours, in an amount not to
exceed 75 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); [or]
(ii) operate a minimum of 76 buses
and a maximum of 100 buses in fixed
route service or demand response
service, excluding ADA complementary
paratransit [service during peak]
service, during peak service hours, in
an amount not to exceed 50 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)[.]; or
(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).
(3) The amount available to a public transportation
system under subparagraph (B) of paragraph (2) shall be
not more than 10 percent greater than the amount that
would otherwise be available to the system under
subparagraph (A) of that paragraph.
(b) Program of Projects.--Each recipient of a grant shall--
(1) make available to the public information on
amounts available to the recipient under this section;
(2) develop, in consultation with interested parties,
including private transportation providers, a proposed
program of projects for activities to be financed;
(3) publish a proposed program of projects in a way
that affected individuals, private transportation
providers, and local elected officials have the
opportunity to examine the proposed program and submit
comments on the proposed program and the performance of
the recipient;
(4) provide an opportunity for a public hearing in
which to obtain the views of individuals on the
proposed program of projects;
(5) ensure that the proposed program of projects
provides for the coordination of public transportation
services assisted under section 5336 of this title with
transportation services assisted from other United
States Government sources;
(6) consider comments and views received, especially
those of private transportation providers, in preparing
the final program of projects; [and]
(7) ensure that the proposed program of projects
provides improved access to transit for the individuals
described in section 5336(j); and
[(7)] (8) make the final program of projects
available to the public.
(c) Grant Recipient Requirements.--A recipient may receive a
grant in a fiscal year only if--
(1) the recipient, within the time the Secretary
prescribes, submits a final program of projects
prepared under subsection (b) of this section and a
certification for that fiscal year that the recipient
(including a person receiving amounts from a Governor
under this section)--
(A) has or will have the legal, financial,
and technical capacity to carry out the
program, including safety and security aspects
of the program;
(B) has or will have satisfactory continuing
control over the use of equipment and
facilities;
(C) will maintain equipment and facilities in
accordance with the recipient's transit asset
management plan;
(D) will ensure that, during non-peak hours
for transportation using or involving a
facility or equipment of a project financed
under this section, a fare that is not more
than 50 percent of the peak hour fare will be
charged for any--
(i) senior;
(ii) individual who, because of
illness, injury, age, congenital
malfunction, or other incapacity or
temporary or permanent disability
(including an individual who is a
wheelchair user or has semiambulatory
capability), cannot use a public
transportation service or a public
transportation facility effectively
without special facilities, planning,
or design; and
(iii) individual presenting a
Medicare card issued to that individual
under title II or XVIII of the Social
Security Act (42 U.S.C. 401 et seq. and
1395 et seq.);
(E) in carrying out a procurement under this
section, will comply with sections 5323, 5320,
and 5325;
(F) has complied with subsection (b) of this
section;
(G) has available and will provide the
required amounts as provided by subsection (d)
of this section;
(H) will comply with sections 5303 and 5304;
(I) has a locally developed process to
solicit and consider public comment before
raising a fare or carrying out a major
reduction of transportation;
(J)(i) will expend for each fiscal year for
public transportation security projects,
including increased lighting in or adjacent to
a public transportation system (including bus
stops, subway stations, parking lots, and
garages), increased camera surveillance of an
area in or adjacent to that system, providing
an emergency telephone line to contact law
enforcement or security personnel in an area in
or adjacent to that system, and any other
project intended to increase the security and
safety of an existing or planned public
transportation system, at least 1 percent of
the amount the recipient receives for each
fiscal year under section 5336 of this title;
or
(ii) has decided that the expenditure for
security projects is not necessary;
(K) in the case of a recipient for an
urbanized area with a population of not fewer
than 200,000 individuals, as determined by the
Bureau of the Census, will submit an annual
report listing projects carried out in the
preceding fiscal year under this section for
associated transit improvements as defined in
section 5302; and
(L) will comply with section 5329(d); and
(2) the Secretary accepts the certification.
(d) Government Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net
project cost of the project. The recipient may provide
additional local matching amounts.
(2) Operating expenses.--A grant for operating
expenses under this section may not exceed 50 percent
of the net project cost of the project.
(3) Remaining costs.--Subject to paragraph (4), the
remainder of the net project costs shall be provided--
(A) in cash from non-Government sources other
than revenues from providing public
transportation services;
(B) from revenues from the sale of
advertising and concessions;
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital;
(D) from amounts appropriated or otherwise
made available to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be
expended for transportation[; and];
(E) from amounts received under a service
agreement with a State or local social service
agency or private social service
organization[.]; and
(F) transportation development credits.
(4) Use of certain funds.--For purposes of
subparagraphs (D) and (E) of paragraph (3), the
prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(vii) of the
Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall
not apply to Federal or State funds to be used for
transportation purposes.
(e) Undertaking Projects in Advance.--
(1) Payment.--The Secretary may pay the Government
share of the net project cost to a State or local
governmental authority that carries out any part of a
project eligible under subparagraph (A) or (B) of
subsection (a)(1) without the aid of amounts of the
Government and according to all applicable procedures
and requirements if--
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out any part of the
project, the Secretary approves the plans and
specifications for the part in the same way as
for other projects under this section.
(2) Approval of application.--The Secretary may
approve an application under paragraph (1) of this
subsection only if an authorization for this section is
in effect for the fiscal year to which the application
applies. The Secretary may not approve an application
if the payment will be more than--
(A) the recipient's expected apportionment
under section 5336 of this title if the total
amount authorized to be appropriated for the
fiscal year to carry out this section is
appropriated; less
(B) the maximum amount of the apportionment
that may be made available for projects for
operating expenses under this section.
(3) Financing costs.--
(A) In general.--The cost of carrying out
part of a project includes the amount of
interest earned and payable on bonds issued by
the recipient to the extent proceeds of the
bonds are expended in carrying out the part.
(B) Limitation on the amount of interest.--
The amount of interest allowed under this
paragraph may not be more than the most
favorable financing terms reasonably available
for the project at the time of borrowing.
(C) Certification.--The applicant shall
certify, in a manner satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
(f) Reviews, Audits, and Evaluations.--
(1) Annual review.--
(A) In general.--At least annually, the
Secretary shall carry out, or require a
recipient to have carried out independently,
reviews and audits the Secretary considers
appropriate to establish whether the recipient
has carried out--
(i) the activities proposed under
subsection (c) of this section in a
timely and effective way and can
continue to do so; and
(ii) those activities and its
certifications and has used amounts of
the Government in the way required by
law.
(B) Auditing procedures.--An audit of the use
of amounts of the Government shall comply with
the auditing procedures of the Comptroller
General.
(2) Triennial review.--At least once every 3 years,
the Secretary shall review and evaluate completely the
performance of a recipient in carrying out the
recipient's program, specifically referring to
compliance with statutory and administrative
requirements and the extent to which actual program
activities are consistent with the activities proposed
under subsection (c) of this section and the planning
process required under sections 5303, 5304, and 5305 of
this title. To the extent practicable, the Secretary
shall coordinate such reviews with any related State or
local reviews.
(3) Actions resulting from review, audit, or
evaluation.--The Secretary may take appropriate action
consistent with a review, audit, and evaluation under
this subsection, including making an appropriate
adjustment in the amount of a grant or withdrawing the
grant.
(g) Treatment.--For purposes of this section, the United
States Virgin Islands shall be treated as an urbanized area, as
defined in section 5302.
(h) Passenger Ferry Grants.--
(1) In general.--The Secretary may make grants under
this subsection to recipients for passenger ferry
projects that are eligible for a grant under subsection
(a).
(2) Grant requirements.--Except as otherwise provided
in this subsection, a grant under this subsection shall
be subject to the same terms and conditions as a grant
under subsection (a).
(3) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible
projects on a competitive basis.
(4) Zero-emission or reduced-emission grants.--
(A) Definitions.--In this paragraph--
(i) the term ``eligible project''
means a project or program of projects
in an area eligible for a grant under
subsection (a) for--
(I) acquiring zero- or
reduced-emission passenger
ferries;
(II) leasing zero- or
reduced-emission passenger
ferries;
(III) constructing facilities
and related equipment for zero-
or reduced-emission passenger
ferries;
(IV) leasing facilities and
related equipment for zero- or
reduced-emission passenger
ferries;
(V) constructing new public
transportation facilities to
accommodate zero- or reduced-
emission passenger ferries;
(VI) constructing shoreside
ferry charging infrastructure
for zero- or reduced-emission
passenger ferries; or
(VII) rehabilitating or
improving existing public
transportation facilities to
accommodate zero- or reduced-
emission passenger ferries;
(ii) the term ``zero- or reduced-
emission passenger ferry'' means a
passenger ferry used to provide public
transportation that reduces emissions
by utilizing onboard energy storage
systems for hybrid-electric or 100
percent electric propulsion, related
charging infrastructure, and other
technologies deployed to reduce
emissions or produce zero onboard
emissions under normal operation; and
(iii) the term ``recipient'' means a
designated recipient, a local
government authority, or a State that
receives a grant under subsection (a).
(B) General authority.--The Secretary may
make grants to recipients to finance eligible
projects under this paragraph.
(C) Grant requirements.--A grant under this
paragraph shall be subject to the same terms
and conditions as a grant under subsection (a).
(D) Competitive process.--The Secretary shall
solicit grant applications and make grants for
eligible projects under this paragraph on a
competitive basis.
(E) Government share of costs.--
(i) In general.--The Federal share of
the cost of an eligible project carried
out under this paragraph shall not
exceed 80 percent.
(ii) Non-federal share.--The non-
Federal share of the cost of an
eligible project carried out under this
subsection may be derived from in-kind
contributions.
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 of bus service and the 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 transportation 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) provided for such project from non-
Federal funds budgeted for roadways.
(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.
Sec. 5309. Fixed guideway capital investment grants
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Applicant.--The term ``applicant'' means a State
or local governmental authority that applies for a
grant under this section.
(2) Core capacity improvement project.--The term
``core capacity improvement project'' means a
substantial corridor-based capital investment in an
existing fixed guideway system that increases the
capacity of a corridor by not less than 10 percent. The
term does not include project elements designed to
maintain a state of good repair of the existing fixed
guideway system.
(3) Corridor-based bus rapid transit project.--The
term ``corridor-based bus rapid transit project'' means
a small start project utilizing buses in which the
project represents a substantial investment in a
defined corridor as demonstrated by features that
emulate the services provided by rail fixed guideway
public transportation systems, including defined
stations; traffic signal priority for public
transportation vehicles; short headway bidirectional
services for a substantial part of weekdays; and any
other features the Secretary may determine support a
long-term corridor investment, but the majority of
which does not operate in a separated right-of-way
dedicated for public transportation use during peak
periods.
(4) Fixed guideway bus rapid transit project.--The
term ``fixed guideway bus rapid transit project'' means
a bus capital project--
(A) in which the majority of the project
operates in a separated right-of-way dedicated
for public transportation use during peak
periods;
(B) that represents a substantial investment
in a single route in a defined corridor or
subarea; and
(C) that includes features that emulate the
services provided by rail fixed guideway public
transportation systems, including--
(i) defined stations;
(ii) traffic signal priority for
public transportation vehicles;
(iii) short headway bidirectional
services for a substantial part of
weekdays and weekend days; and
(iv) any other features the Secretary
may determine are necessary to produce
high-quality public transportation
services that emulate the services
provided by rail fixed guideway public
transportation systems.
(5) New fixed guideway capital project.--The term
``new fixed guideway capital project'' means--
(A) a new fixed guideway project that is a
minimum operable segment or extension to an
existing fixed guideway system; or
(B) a fixed guideway bus rapid transit
project that is a minimum operable segment or
an extension to an existing bus rapid transit
system.
[(6) Program of interrelated projects.--The term
``program of interrelated projects'' means the
simultaneous development of--
[(A) 2 or more new fixed guideway capital
projects, small start projects, or core
capacity improvement projects; or
[(B) 2 or more projects that are any
combination of new fixed guideway capital
projects, small start projects, and core
capacity improvement projects.]
[(7)] (6) Small start project.--The term ``small
start project'' means a new fixed guideway capital
project or corridor-based bus rapid transit project for
which--
(A) the Federal assistance provided or to be
provided under this section is less than
[$100,000,000] $320,000,000; and
(B) the total estimated net capital cost is
less than [$300,000,000] $400,000,000.
(b) General Authority.--The Secretary may make grants under
this section to State and local governmental authorities to
assist in financing--
(1) new fixed guideway capital projects or small
start projects, including the acquisition of real
property, the initial acquisition of rolling stock for
the system, the acquisition of rights-of-way, and
relocation, for fixed guideway corridor development for
projects in the advanced stages of project development
or engineering; and
(2) core capacity improvement projects, including the
acquisition of real property, the acquisition of
rights-of-way, double tracking, signalization
improvements, electrification, expanding system
platforms, acquisition of rolling stock associated with
corridor improvements increasing capacity, construction
of infill stations, expanding station capacity, and
such other capacity improvement projects as the
Secretary determines are appropriate to increase the
capacity of an existing fixed guideway system corridor
by at least 10 percent. Core capacity improvement
projects do not include elements to improve general
station facilities or parking, or acquisition of
rolling stock alone.
(c) Grant Requirements.--
(1) In general.--The Secretary may make a grant under
this section for new fixed guideway capital projects,
small start projects, or core capacity improvement
projects, if the Secretary determines that--
(A) the project is part of an approved
transportation plan required under sections
5303 and 5304; and
(B) the applicant has, or will have--
(i) the legal, financial, and
technical capacity to carry out the
project, including the safety and
security aspects of the project;
(ii) satisfactory continuing control
over the use of the equipment or
facilities; and
(iii) the technical and financial
capacity to maintain new and existing
equipment and facilities.
(2) Certification.--An applicant that has submitted
the certifications required under subparagraphs (A),
(B), (C), and (H) of section 5307(c)(1) shall be deemed
to have provided sufficient information upon which the
Secretary may make the determinations required under
this subsection.
(3) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for
applicants that have recently and successfully
completed at least 1 new fixed guideway capital
project, or core capacity improvement project, if--
(A) the applicant achieved budget, cost, and
ridership outcomes for the project that are
consistent with or better than projections; and
(B) the applicant demonstrates that the
applicant continues to have the staff expertise
and other resources necessary to implement a
new project.
(4) Recipient requirements.--A recipient of a grant
awarded under this section shall be subject to all
terms, conditions, requirements, and provisions that
the Secretary determines to be necessary or appropriate
for purposes of this section.
(d) New Fixed Guideway Grants.--
(1) Project development phase.--
(A) Entrance into project development
phase.--A new fixed guideway capital project
shall enter into the project development phase
when--
(i) the applicant--
(I) submits a letter to the
Secretary describing the
project and requesting entry
into the project development
phase; and
(II) initiates activities
required to be carried out
under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
with respect to the project;
and
(ii) the Secretary--
(I) responds in writing to
the applicant within 45 days
whether the information
provided is sufficient to enter
into the project development
phase, including, when
necessary, a detailed
description of any information
deemed insufficient; and
(II) provides concurrent
notice to the Committee on
Banking, Housing, and Urban
Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the
new fixed guideway capital
project is entering the project
development phase.
(B) Activities during project development
phase.--Concurrent with the analysis required
to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
each applicant shall develop sufficient
information to enable the Secretary to make
findings of project justification and local
financial commitment under this subsection.
(C) Completion of project development
activities required.--
(i) In general.--Not later than [2
years] 3 years after the date on which
a project enters into the project
development phase, the applicant shall
complete the activities required to
obtain a project rating under
subsection (g)(2) and submit completed
documentation to the Secretary.
(ii) Extension of time.--Upon the
request of an applicant, the Secretary
may extend the time period under clause
(i), if the applicant submits to the
Secretary--
(I) a reasonable plan for
completing the activities
required under this paragraph;
and
(II) an estimated time period
within which the applicant will
complete such activities.
(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.
(2) Engineering phase.--
(A) In general.--A new fixed guideway capital
project may advance to the engineering phase
upon completion of activities required under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project,
a finding that the project has no significant
impact, or a determination that the project is
categorically excluded, only if the Secretary
determines that the project--
(i) is selected as the locally
preferred alternative at the completion
of the process required under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(ii) is adopted into the metropolitan
transportation plan required under
section 5303;
(iii) is justified based on a
comprehensive review of the project's
mobility improvements, the project's
environmental benefits, congestion
relief associated with the project,
economic development effects associated
with the project, policies and land use
patterns of the project that support
public transportation, and the
project's cost-effectiveness as
measured by cost per rider; and
(iv) is supported by [an acceptable
degree of] a local financial commitment
(including evidence of stable and
dependable financing sources), as
required under subsection (f).
(B) Determination that project is
justified.--In making a determination under
subparagraph (A)(iii), the Secretary shall
evaluate, analyze, and consider--
(i) the reliability of the
forecasting methods used to estimate
costs and utilization made by the
recipient and the contractors to the
recipient; and
(ii) population density and current
public transportation ridership in the
transportation corridor.
(e) Core Capacity Improvement Projects.--
(1) Project development phase.--
(A) Entrance into project development
phase.--A core capacity improvement project
shall be deemed to have entered into the
project development phase if--
(i) the applicant--
(I) submits a letter to the
Secretary describing the
project and requesting entry
into the project development
phase; and
(II) initiates activities
required to be carried out
under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
with respect to the project;
and
(ii) the Secretary--
(I) responds in writing to
the applicant within 45 days
whether the information
provided is sufficient to enter
into the project development
phase, including when necessary
a detailed description of any
information deemed
insufficient; and
(II) provides concurrent
notice to the Committee on
Banking, Housing, and Urban
Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the
core capacity improvement
project is entering the project
development phase.
(B) Activities during project development
phase.--Concurrent with the analysis required
to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
each applicant shall develop sufficient
information to enable the Secretary to make
findings of project justification and local
financial commitment under this subsection.
(C) Completion of project development
activities required.--
(i) In general.--Not later than [2
years] 3 years after the date on which
a project enters into the project
development phase, the applicant shall
complete the activities required to
obtain a project rating under
subsection (g)(2) and submit completed
documentation to the Secretary.
(ii) Extension of time.--Upon the
request of an applicant, the Secretary
may extend the time period under clause
(i), if the applicant submits to the
Secretary--
(I) a reasonable plan for
completing the activities
required under this paragraph;
and
(II) an estimated time period
within which the applicant will
complete such activities.
(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.
(2) Engineering phase.--
(A) In general.--A core capacity improvement
project may advance into the engineering phase
upon completion of activities required under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as demonstrated by a
record of decision with respect to the project,
a finding that the project has no significant
impact, or a determination that the project is
categorically excluded, only if the Secretary
determines that the project--
(i) is selected as the locally
preferred alternative at the completion
of the process required under the
National Environmental Policy Act of
1969;
(ii) is adopted into the metropolitan
transportation plan required under
section 5303;
(iii) is in a corridor that is--
(I) at or over capacity; or
(II) projected to be at or
over capacity within the next
[5 years] 10 years;
(iv) is justified based on a
comprehensive review of the project's
mobility improvements, the project's
environmental benefits, congestion
relief associated with the project,
economic development effects associated
with the project, the capacity needs of
the corridor, and the project's cost-
effectiveness as measured by cost per
rider; and
(v) is supported by [an acceptable
degree of] a local financial commitment
(including evidence of stable and
dependable financing sources), as
required under subsection (f).
(B) Determination that project is
justified.--In making a determination under
subparagraph (A)(iv), the Secretary shall
evaluate, analyze, and consider--
(i) the reliability of the
forecasting methods used to estimate
costs and utilization made by the
recipient and the contractors to the
recipient;
(ii) whether the project will
increase capacity at least 10 percent
in a corridor;
(iii) whether the project will
improve interconnectivity among
existing systems; and
(iv) whether the project will improve
environmental outcomes.
(f) Financing Sources.--
(1) Requirements.--In determining whether a project
is supported by [an acceptable degree of] a local
financial commitment and shows evidence of stable and
dependable financing sources for purposes of
[subsection (d)(2)(A)(v)] subsection (d)(2)(A)(iv) or
(e)(2)(A)(v), the Secretary shall require that--
(A) the proposed project plan provides for
the availability of contingency amounts that
the Secretary determines to be reasonable to
cover unanticipated cost increases or funding
shortfalls;
(B) each proposed local source of capital and
operating financing is stable, reliable, and
available within the proposed project
timetable; and
(C) 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.
(2) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of
local financing for purposes of [subsection
(d)(2)(A)(v)] subsection (d)(2)(A)(iv) or (e)(2)(A)(v),
the Secretary shall consider--
(A) the reliability of the forecasting
methods used to estimate costs and revenues
made by the recipient and the contractors to
the recipient;
(B) existing grant commitments;
(C) the degree to which financing sources are
dedicated to the proposed purposes;
(D) any debt obligation that exists, or is
proposed by the recipient, for the proposed
project or other public transportation purpose;
and
[(E) the extent to which the project has a
local financial commitment that exceeds the
required non-Government share of the cost of
the project; and]
[(F)] (E) 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.
(3) Transportation development credits.--For purposes
of assessments and determinations under this subsection
or subsection (h), transportation development credits
that are included as a source of local financing or
match shall be treated the same as other sources of
local financing.
(4) Cost-share incentives.--For a project for which a
lower CIG cost share is elected by the applicant under
subsection (l)(1)(C), the Secretary shall apply the
following requirements and 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; and
(iii) an applicant certifies that
local resources are available to
recapitalize, maintain, and operate the
overall existing and proposed public
transportation system, including
essential feeder bus and other 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, or that
the annual operating cost of the
proposed project does not exceed 5
percent of the annual cost to operate
and maintain the overall public
transportation system of the applicant.
(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.
(g) Project Advancement and Ratings.--
(1) Project advancement.--A new fixed guideway
capital project or core capacity improvement project
proposed to be carried out using a grant under this
section may not advance from the project development
phase to the engineering phase, or from the engineering
phase to the construction phase, unless the Secretary
determines that--
(A) the project meets the applicable
requirements under this section; and
(B) there is a reasonable likelihood that the
project will continue to meet the requirements
under this section.
(2) Ratings.--
(A) Overall rating.--In making a
determination under paragraph (1), the
Secretary shall evaluate and rate a project as
a whole on a 5-point scale (high, medium-high,
medium, medium-low, or low) based on--
(i) in the case of a new fixed
guideway capital project, the project
justification criteria under subsection
(d)(2)(A)(iii), and the [degree of
local financial commitment] criteria in
subsection (f); and
(ii) in the case of a core capacity
improvement project, the capacity needs
of the corridor, the project
justification criteria under subsection
(e)(2)(A)(iv), and the [degree of local
financial commitment] criteria in
subsection (f).
(B) Individual ratings for each criterion.--
In rating a project under this paragraph, the
Secretary shall--
(i) provide, in addition to the
overall project rating under
subparagraph (A), individual ratings
for each of the criteria established
under subsection (d)(2)(A)(iii) or
(e)(2)(A)(iv), as applicable[; and];
(ii) give comparable, but not
necessarily equal, numerical weight to
each of the criteria established under
subsections (d)(2)(A)(iii) or
(e)(2)(A)(iv), as applicable, in
calculating the overall project rating
under clause (i)[.]; and
(iii) in the case of a new fixed
guideway capital project or a core
capacity improvement project, allow a
weighting 5 percentage points greater
to the economic development criterion
and 5 percentage points lesser to the
lowest scoring criterion 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.
(C) Medium rating not required.--The
Secretary shall not require that any single
project justification criterion meet or exceed
a ``medium'' rating in order to advance the
project from one phase to another.
(3) Warrants.--[The Secretary shall, 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--]
[(A) the share of the cost of the project to
be provided under this section does not
exceed--
[(i) $100,000,000; or
[(ii) 50 percent of the total cost of
the project;
[(B) the applicant requests the use of the
warrants;
[(C) the applicant certifies that its
existing public transportation system is in a
state of good repair; and]
[(D)] [the applicant meets any other
requirements that the Secretary considers
appropriate to carry out this subsection.] 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
(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.
(4) Letters of intent and early systems work
agreements.--In order to expedite a project under this
subsection, the Secretary shall, to the maximum extent
practicable, issue letters of intent and enter into
early systems work agreements upon issuance of a record
of decision for projects that receive an overall
project rating of medium or better.
[(5) Policy guidance.--The Secretary shall issue
policy guidance regarding the review and evaluation
process and criteria--
[(A) not later than 180 days after the date
of enactment of the Federal Public
Transportation Act of 2012; and
[(B) each time the Secretary makes
significant changes to the process and
criteria, but not less frequently than once
every 2 years.
[(6) Rules.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of
2012, the Secretary shall issue rules establishing an
evaluation and rating process for--
[(A) new fixed guideway capital projects that
is based on the results of project
justification, policies and land use patterns
that promote public transportation, and local
financial commitment, as required under this
subsection; and
[(B) core capacity improvement projects that
is based on the results of the capacity needs
of the corridor, project justification, and
local financial commitment.]
(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.
(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.
(7) Applicability.--This subsection shall not apply
to a project for which the Secretary issued a letter of
intent, entered into a full funding grant agreement, or
entered into a project construction agreement before
the date of enactment of [the Federal Public
Transportation Act of 2012] the INVEST in America Act.
(h) Small Start Projects.--
(1) In general.--A small start project shall be
subject to the requirements of this subsection.
(2) Project development phase.--
(A) Entrance into project development
phase.--A new small starts project shall enter
into the project development phase when--
(i) the applicant--
(I) submits a letter to the
Secretary describing the
project and requesting entry
into the project development
phase; and
(II) initiates activities
required to be carried out
under the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.)
with respect to the project;
and
(ii) the Secretary--
(I) responds in writing to
the applicant within 45 days
whether the information
provided is sufficient to enter
into the project development
phase, including, when
necessary, a detailed
description of any information
deemed insufficient; and
(II) provides concurrent
notice to the Committee on
Banking, Housing, and Urban
Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the
small starts project is
entering the project
development phase.
(B) Activities during project development
phase.--Concurrent with the analysis required
to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
each applicant shall develop sufficient
information to enable the Secretary to make
findings of project justification, policies and
land use patterns that promote public
transportation, and local financial commitment
under this subsection.
(3) Selection criteria.--The Secretary may provide
Federal assistance for a small start project under this
subsection only if the Secretary determines that the
project--
(A) has been adopted as the locally preferred
alternative as part of the metropolitan
transportation plan required under section
5303;
(B) is based on the results of an analysis of
the benefits of the project as set forth in
paragraph (4); and
(C) is supported by [an acceptable degree of]
a local financial commitment.
(4) Evaluation of benefits and federal investment.--
In making a determination for a small start project
under paragraph (3)(B), the Secretary shall analyze,
evaluate, and consider the following evaluation
criteria for the project (as compared to a no-action
alternative): mobility improvements, environmental
benefits, congestion relief, economic development
effects associated with the project, policies and land
use patterns that support public transportation, the
extent to which the project improves transportation
options to economically distressed areas, and cost-
effectiveness as measured by cost per rider.
(5) Evaluation of local financial commitment.--For
purposes of paragraph (3)(C), the Secretary shall
require that each proposed local source of capital and
operating financing is stable, reliable, and available
within the proposed project timetable, except that for
a project for which a lower local cost share is elected
under subsection (l)(1)(C), the Secretary shall enter
into a grant agreement under this subsection for any
such project that establishes contingency amounts that
the applicant determines to be reasonable to cover
unanticipated cost increases or funding shortfalls.
(6) Ratings.--
(A) In general.--In carrying out paragraphs
(4) and (5) for a small start project, the
Secretary shall evaluate and rate the project
on a 5-point scale (high, medium-high, medium,
medium-low, or low) based on an evaluation of
the benefits of the project as compared to the
Federal assistance to be provided and the
degree of local financial commitment, as
required under this subsection. In rating the
projects, the Secretary shall provide, in
addition to the overall project rating,
individual ratings for each of the criteria
established by this subsection and shall give
comparable, but not necessarily equal,
numerical weight to the benefits that the
project will bring to the community in
calculating the overall project rating.
(B) Optional early rating.--At the request of
the project sponsor, the Secretary shall
evaluate and rate the project in accordance
with paragraphs (4) and (5) and subparagraph
(A) of this paragraph upon completion of the
analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(7) Grants and expedited grant agreements.--
(A) In general.--The Secretary, to the
maximum extent practicable, shall provide
Federal assistance under this subsection in a
single grant. If the Secretary cannot provide
such a single grant, the Secretary may execute
an expedited grant agreement in order to
include a commitment on the part of the
Secretary to provide funding for the project in
future fiscal years.
(B) Terms of expedited grant agreements.--In
executing an expedited grant agreement under
this subsection, the Secretary may include in
the agreement terms similar to those
established under subsection (k)(2).
(C) Notice of proposed grants and expedited
grant agreements.--At least [10 days] 3 days
before making a grant award or entering into a
grant agreement for a project under this
subsection, the Secretary shall notify, in
writing, the Committee on Transportation and
Infrastructure and the Committee on
Appropriations of the House of Representatives
and the Committee on Banking, Housing, and
Urban Affairs and the Committee on
Appropriations of the Senate of the proposed
grant or expedited grant agreement, as well as
the evaluations and ratings for the project.
[(i) Programs of Interrelated Projects.--
[(1) Project development phase.--A federally funded
project in a program of interrelated projects shall
advance through project development as provided in
subsection (d), (e), or (h), as applicable.
[(2) Engineering phase.--A federally funded new fixed
guideway capital project or core capacity improvement
project in a program of interrelated projects may
advance into the engineering phase upon completion of
activities required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), as
demonstrated by a record of decision with respect to
the project, a finding that the project has no
significant impact, or a determination that the project
is categorically excluded, only if the Secretary
determines that--
[(A) the project is selected as the locally
preferred alternative at the completion of the
process required under the National
Environmental Policy Act of 1969;
[(B) the project is adopted into the
metropolitan transportation plan required under
section 5303;
[(C) the program of interrelated projects
involves projects that have a logical
connectivity to one another;
[(D) the program of interrelated projects,
when evaluated as a whole--
[(i) meets the requirements of
subsection (d)(2), subsection (e)(2),
or paragraphs (3) and (4) of subsection
(h), as applicable, if the program is
comprised entirely of--
[(I) new fixed guideway
capital projects;
[(II) core capacity
improvement projects; or
[(III) small start projects;
or
[(ii) meets the requirements of
subsection (d)(2) if the program is
comprised of any combination of new
fixed guideway capital projects, small
start projects, and core capacity
improvement projects;
[(E) the program of interrelated projects is
supported by a program implementation plan
demonstrating that construction will begin on
each of the projects in the program of
interrelated projects within a reasonable time
frame; and
[(F) the program of interrelated projects is
supported by an acceptable degree of local
financial commitment, as described in
subsection (f) or subsection (h)(5), as
applicable.
[(3) Project advancement and ratings.--
[(A) Project advancement.--A project
receiving a grant under this section that is
part of a program of interrelated projects may
not advance--
[(i) in the case of a small start
project, from the project development
phase to the construction phase unless
the Secretary determines that the
program of interrelated projects meets
the applicable requirements of this
section and there is a reasonable
likelihood that the program will
continue to meet such requirements; or
[(ii) in the case of a new fixed
guideway capital project or a core
capacity improvement project, from the
project development phase to the
engineering phase, or from the
engineering phase to the construction
phase, unless the Secretary determines
that the program of interrelated
projects meets the applicable
requirements of this section and there
is a reasonable likelihood that the
program will continue to meet such
requirements.
[(B) Ratings.--
[(i) Overall rating.--In making a
determination under subparagraph (A),
the Secretary shall evaluate and rate a
program of interrelated projects on a
5-point scale (high, medium-high,
medium, medium-low, or low) based on
the criteria described in paragraph
(2).
[(ii) Individual rating for each
criterion.--In rating a program of
interrelated projects, the Secretary
shall provide, in addition to the
overall program rating, individual
ratings for each of the criteria
described in paragraph (2) and shall
give comparable, but not necessarily
equal, numerical weight to each such
criterion in calculating the overall
program rating.
[(iii) Medium rating not required.--
The Secretary shall not require that
any single criterion described in
paragraph (2) meet or exceed a
``medium'' rating in order to advance
the program of interrelated projects
from one phase to another.
[(4) Annual review.--
[(A) Review required.--The Secretary shall
annually review the program implementation plan
required under paragraph (2)(E) to determine
whether the program of interrelated projects is
adhering to its schedule.
[(B) Extension of time.--If a program of
interrelated projects is not adhering to its
schedule, the Secretary may, upon the request
of the applicant, grant an extension of time if
the applicant submits a reasonable plan that
includes--
[(i) evidence of continued adequate
funding; and
[(ii) an estimated time frame for
completing the program of interrelated
projects.
[(C) Satisfactory progress required.--If the
Secretary determines that a program of
interrelated projects is not making
satisfactory progress, no Federal funds shall
be provided for a project within the program of
interrelated projects.
[(5) Failure to carry out program of interrelated
projects.--
[(A) Repayment required.--If an applicant
does not carry out the program of interrelated
projects within a reasonable time, for reasons
within the control of the applicant, the
applicant shall repay all Federal funds
provided for the program, and any reasonable
interest and penalty charges that the Secretary
may establish.
[(B) Crediting of funds received.--Any funds
received by the Government under this
paragraph, other than interest and penalty
charges, shall be credited to the appropriation
account from which the funds were originally
derived.
[(6) Non-federal funds.--Any non-Federal funds
committed to a project in a program of interrelated
projects may be used to meet a non-Government share
requirement for any other project in the program of
interrelated projects, if the Government share of the
cost of each project within the program of interrelated
projects does not exceed 80 percent.
[(7) Priority.--In making grants under this section,
the Secretary may give priority to programs of
interrelated projects for which the non-Government
share of the cost of the projects included in the
programs of interrelated projects exceeds the non-
Government share required under subsection (l).
[(8) Non-government projects.--Including a project
not financed by the Government in a program of
interrelated projects does not impose Government
requirements that would not otherwise apply to the
project.]
(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 one of the following criteria:
(i) Extends the corridor of the
project being rated in subsection (d),
(e), or (h), respectively.
(ii) Provides a direct passenger
transfer to the project being rated in
subsection (d), (e), or (h),
respectively.
(j) Previously Issued Letter of Intent or Full Funding Grant
Agreement.--Subsections (d) and (e) shall not apply to projects
for which the Secretary has issued a letter of intent, approved
entry into final design, entered into a full funding grant
agreement, or entered into a project construction grant
agreement before the date of enactment of the Federal Public
Transportation Act of 2012.
(k) Letters of Intent, Full Funding Grant Agreements, and
Early Systems Work Agreements.--
(1) Letters of intent.--
(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an
applicant announcing an intention to obligate,
for a new fixed guideway capital project or
core capacity improvement project, an amount
from future available budget authority
specified in law that is not more than the
amount stipulated as the financial
participation of the Secretary in the project.
When a letter is issued for a capital project
under this section, the amount shall be
sufficient to complete at least an operable
segment.
(B) Treatment.--The issuance of a letter
under subparagraph (A) is deemed not to be an
obligation under sections 1108(c), 1501, and
1502(a) of title 31 or an administrative
commitment.
(2) Full funding grant agreements.--
(A) In general.--A new fixed guideway capital
project or core capacity improvement project
shall be carried out through a full funding
grant agreement.
(B) Criteria.--The Secretary shall enter into
a full funding grant agreement, based on the
evaluations and ratings required under
subsection (d), (e), or (i), as applicable,
with each grantee receiving assistance for a
new fixed guideway capital project or core
capacity improvement project that has been
rated as high, medium-high, or medium, in
accordance with subsection (g)(2)(A) or
(i)(3)(B), as applicable.
(C) Terms.--A full funding grant agreement
shall--
(i) establish the terms of
participation by the Government in a
new fixed guideway capital project or
core capacity improvement project;
(ii) establish the maximum amount of
Federal financial assistance for the
project;
(iii) include the period of time for
completing the project, even if that
period extends beyond the period of an
authorization; and
(iv) make timely and efficient
management of the project easier
according to the law of the United
States.
(D) Special financial rules.--
(i) In general.--A full funding grant
agreement under this paragraph
obligates an amount of available budget
authority specified in law and 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.
(ii) Statement of contingent
commitment.--The agreement shall state
that the contingent commitment is not
an obligation of the Government.
(iii) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out a
part of the project within a reasonable
time are a cost of carrying out the
project under a full funding 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. The applicant
shall certify, in a way satisfactory to
the Secretary, that the applicant has
shown reasonable diligence in seeking
the most favorable financing terms.
(iv) Completion of operable
segment.--The amount stipulated in an
agreement under this paragraph for a
new fixed guideway capital project
shall be sufficient to complete at
least an operable segment.
(v) Local funding commitment.-- For a
project for which a lower CIG cost
share is elected by the applicant under
subsection (l)(1)(C), the Secretary
shall enter into a full funding grant
agreement that has at least 75 percent
of local financial commitment committed
and the remaining percentage budgeted
for the proposed purposes.
(E) Before and after study.--
(i) In general.--A full funding grant
agreement under this paragraph shall
require the applicant to conduct a
study that--
(I) describes and analyzes
the impacts of the new fixed
guideway capital project or
core capacity improvement
project on public
transportation services and
public transportation
ridership;
(II) evaluates the
consistency of predicted and
actual project characteristics
and performance; and
(III) identifies reasons for
differences between predicted
and actual outcomes.
(ii) Information collection and
analysis plan.--
(I) Submission of plan.--
Applicants seeking a full
funding grant agreement under
this paragraph shall submit a
complete plan for the
collection and analysis of
information to identify the
impacts of the new fixed
guideway capital project or
core capacity improvement
project and the accuracy of the
forecasts prepared during the
development of the project.
Preparation of this plan shall
be included in the full funding
grant agreement as an eligible
activity.
(II) Contents of plan.--The
plan submitted under subclause
(I) shall provide for--
(aa) collection of
data on the current
public transportation
system regarding public
transportation service
levels and ridership
patterns, including
origins and
destinations, access
modes, trip purposes,
and rider
characteristics;
(bb) documentation of
the predicted scope,
service levels, capital
costs, operating costs,
and ridership of the
project;
(cc) collection of
data on the public
transportation system 2
years after the opening
of a new fixed guideway
capital project or core
capacity improvement
project, including
analogous information
on public
transportation service
levels and ridership
patterns and
information on the as-
built scope, capital,
and financing costs of
the project; and
(dd) analysis of the
consistency of
predicted project
characteristics with
actual outcomes.
(F) Collection of data on current system.--To
be eligible for a full funding grant agreement
under this paragraph, recipients shall have
collected data on the current system, according
to the plan required under subparagraph
(E)(ii), before the beginning of construction
of the proposed new fixed guideway capital
project or core capacity improvement project.
Collection of this data shall be included in
the full funding grant agreement as an eligible
activity.
(3) Early systems work agreements.--
(A) Conditions.--The Secretary may enter into
an early systems work agreement with an
applicant if a record of decision under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been issued on the
project and the Secretary finds there is reason
to believe--
(i) a full funding grant agreement
for the project will be made; and
(ii) the terms of the work agreement
will promote ultimate completion of the
project more rapidly and at less cost.
(B) Contents.--
(i) In general.--An early systems
work agreement under this paragraph
obligates budget authority available
under this chapter and title 23 and
shall provide for reimbursement of
preliminary costs of carrying out the
project, including land acquisition,
timely procurement of system elements
for which specifications are decided,
and other activities the Secretary
decides are appropriate to make
efficient, long-term project management
easier.
(ii) Contingent commitment.--An early
systems work agreement 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.
(iii) Period covered.--An early
systems work agreement under this
paragraph shall cover the period of
time the Secretary considers
appropriate. The period may extend
beyond the period of current
authorization.
(iv) Interest and other financing
costs.--Interest and other financing
costs of efficiently carrying out the
early systems work agreement within a
reasonable time are a cost of carrying
out the 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. The applicant
shall certify, in a way satisfactory to
the Secretary, that the applicant has
shown reasonable diligence in seeking
the most favorable financing terms.
(v) Failure to carry out project.--If
an applicant does not carry out the
project for reasons within the control
of the applicant, the applicant shall
repay all Federal grant funds awarded
for the project from all Federal
funding sources, for all project
activities, facilities, and equipment,
plus reasonable interest and penalty
charges allowable by law or established
by the Secretary in the early systems
work agreement.
(vi) Crediting of funds received.--
Any funds received by the Government
under this paragraph, other than
interest and penalty charges, shall be
credited to the appropriation account
from which the funds were originally
derived.
(4) Limitation on amounts.--
(A) In general.--The Secretary may enter into
full funding grant agreements under this
subsection for new fixed guideway capital
projects and core capacity improvement projects
that contain contingent commitments to incur
obligations in such amounts as the Secretary
determines are appropriate.
(B) Appropriation required.--An obligation
may be made under this subsection only when
amounts are appropriated for the obligation.
(5) Notification to congress.--At least [30 days] 3
days before issuing a letter of intent, entering into a
full funding grant agreement, or entering into an early
systems work agreement under this section, the
Secretary shall notify, in writing, the Committee on
Banking, Housing, and Urban Affairs and the Committee
on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives of the
proposed letter or agreement. The Secretary shall
include with the notification a copy of the proposed
letter or agreement as well as the evaluations and
ratings for the project.
(l) Government Share of Net Capital Project Cost.--
(1) In general.--
(A) Estimation of net capital project cost.--
Based on engineering studies, studies of
economic feasibility, and information on the
expected use of equipment or facilities, the
Secretary shall estimate the net capital
project cost.
[(B) Grants.--
[(i) Grant for new fixed guideway
capital project.--A grant for a new
fixed guideway capital project shall
not exceed 80 percent of the net
capital project cost.
[(ii) Full funding grant agreement
for new fixed guideway capital
project.--A full funding grant
agreement for a new fixed guideway
capital project shall not include a
share of more than 60 percent from the
funds made available under this
section.
[(iii) Grant for core capacity
improvement project.--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.
[(iv) Grant for small start
project.--A grant for a small start
project shall not exceed 80 percent of
the net capital project costs.]
(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 cig
cost share.--An applicant may elect a lower
local CIG cost share for a project under this
section for purposes of application of the
cost-share incentives under subsection (f)(3).
Such cost share shall not exceed 60 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.
(2) Adjustment for completion under budget.--The
Secretary may adjust the final net capital project cost
of a new fixed guideway capital project or core
capacity improvement project evaluated under subsection
(d), (e), or (i) to include the cost of eligible
activities not included in the originally defined
project if the Secretary determines that the originally
defined project has been completed at a cost that is
significantly below the original estimate.
(3) Maximum government share.--The Secretary may
provide a higher grant percentage than requested by the
grant recipient if--
(A) the Secretary determines that the net
capital project cost of the project is not more
than 10 percent higher than the net capital
project cost estimated at the time the project
was approved for advancement into the
engineering phase; and
(B) the ridership estimated for the project
is not less than 90 percent of the ridership
estimated for the project at the time the
project was approved for advancement into the
engineering phase.
(4) Remaining costs.--The remainder of the net
capital project costs shall be provided--
(A) in cash from non-Government sources;
(B) from revenues from the sale of
advertising and concessions[; or];
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital[.];
(D) transportation development credits; or
(E) 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.
[(5) Limitation on statutory construction.--Nothing
in this section shall be construed as authorizing the
Secretary to require a non-Federal financial commitment
for a project that is more than 20 percent of the net
capital project cost.]
(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.
(6) Special rule for rolling stock costs.--In
addition to amounts allowed pursuant to paragraph (1),
a planned extension to a fixed guideway system may
include the cost of rolling stock previously purchased
if the applicant satisfies the Secretary that only
amounts other than amounts provided by the Government
were used and that the purchase was made for use on the
extension. A refund or reduction of the remainder may
be made only if a refund of a proportional amount of
the grant of the Government is made at the same time.
(7) Limitation on applicability.--This subsection
shall not apply to projects for which the Secretary
entered into a full funding grant agreement before the
date of enactment of the Federal Public Transportation
Act of 2012.
[(8) Special rule for fixed guideway bus rapid
transit projects.--For up to three fixed-guideway bus
rapid transit projects each fiscal year the Secretary
shall--
[(A) establish a Government share of at least
80 percent; and
[(B) not lower the project's rating for
degree of local financial commitment for
purposes of subsections (d)(2)(A)(v) or
(h)(3)(C) as a result of the Government share
specified in this paragraph.]
(8) Contingency share.--The Secretary shall provide
funding for the contingency amount equal to the
proportion of the CIG cost share. If the Secretary
increases the contingency amount after a project has
received a letter of no prejudice or been allocated
appropriated funds, the federal share of the additional
contingency amount shall be 25 percent higher than the
original proportion the CIG cost share and in addition
to the grant amount set in subsection (k)(2)(C)(ii).
(m) Undertaking Projects in Advance.--
(1) In general.--The Secretary may pay the Government
share of the net capital project cost to a State or
local governmental authority that carries out any part
of a project described in this section without the aid
of amounts of the Government and according to all
applicable procedures and requirements if--
(A) the State or local governmental authority
applies for the payment;
(B) the Secretary approves the payment; and
(C) before the State or local governmental
authority carries out the part of the project,
the Secretary approves the plans and
specifications for the part in the same way as
other projects under this section.
(2) Financing costs.--
(A) In general.--The cost of carrying out
part of a project includes the amount of
interest earned and payable on bonds issued by
the State or local governmental authority to
the extent proceeds of the bonds are expended
in carrying out the part.
(B) Limitation on amount of interest.--The
amount of interest under this paragraph may not
be more than the most favorable interest terms
reasonably available for the project at the
time of borrowing.
(C) Certification.--The applicant shall
certify, in a manner satisfactory to the
Secretary, that the applicant has shown
reasonable diligence in seeking the most
favorable financing terms.
(n) Availability of Amounts.--
(1) In general.--An amount made available or
appropriated for a new fixed guideway capital project
or core capacity improvement project shall remain
available to that project for 4 fiscal years, including
the fiscal year in which the amount is made available
or appropriated. Any amounts that are unobligated to
the project at the end of the 4-fiscal-year period may
be used by the Secretary for any purpose under this
section.
(2) Use of deobligated amounts.--An amount available
under this section that is deobligated may be used for
any purpose under this section.
(o) Reports on New Fixed Guideway and Core Capacity
Improvement Projects.--
(1) Annual report on funding recommendations.--Not
later than the first Monday in February of each year,
the Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives a report
that includes--
(A) a proposal of allocations of amounts to
be available to finance grants for projects
under this section among applicants for these
amounts;
(B) evaluations and ratings, as required
under subsections (d), (e), and (i), for each
such project that is in project development,
engineering, or has received a full funding
grant agreement; and
(C) recommendations of such projects for
funding based on the evaluations and ratings
and on existing commitments and anticipated
funding levels for the next 3 fiscal years
based on information currently available to the
Secretary.
(2) Reports on before and after studies.--Not later
than the first Monday in August of each year, the
Secretary shall submit to the committees described in
paragraph (1) a report containing a summary of the
results of any studies conducted under subsection
(k)(2)(E).
(3) Biennial gao review.--The Comptroller General of
the United States shall--
(A) conduct a biennial review of--
(i) the processes and procedures for
evaluating, rating, and recommending
new fixed guideway capital projects and
core capacity improvement projects; and
(ii) the Secretary's implementation
of such processes and procedures; and
(B) report to Congress on the results of such
review by May 31 of each year.
(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.
(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.
(p) Special Rule.--For the purposes of calculating the cost
effectiveness of a project described in subsection (d) or (e),
the Secretary shall not reduce or eliminate the capital costs
of art and non-functional landscaping elements from the
annualized capital cost calculation.
(q) Joint Public Transportation and Intercity Passenger Rail
Projects.--
(1) In general.--The Secretary may make grants for
new fixed guideway capital projects and core capacity
improvement projects that provide both public
transportation and intercity passenger rail service.
(2) Eligible costs.--Eligible costs for a project
under this subsection shall be limited to the net
capital costs of the public transportation costs
attributable to the project based on projected use of
the new segment or expanded capacity of the project
corridor, not including project elements designed to
achieve or maintain a state of good repair, as
determined by the Secretary under paragraph (4).
(3) Project justification and local financial
commitment.--A project under this subsection shall be
evaluated for project justification and local financial
commitment under subsections (d), (e), (f), and (h), as
applicable to the project, based on--
(A) the net capital costs of the public
transportation costs attributable to the
project as determined under paragraph (4); and
(B) the share of funds dedicated to the
project from sources other than this section
included in the unified finance plan for the
project.
(4) Calculation of net capital project cost.--The
Secretary shall estimate the net capital costs of a
project under this subsection based on--
(A) engineering studies;
(B) studies of economic feasibility;
(C) the expected use of equipment or
facilities; and
(D) the public transportation costs
attributable to the project.
(5) Government share of net capital project cost.--
(A) Government share.--The Government share
shall not exceed 80 percent of the net capital
cost attributable to the public transportation
costs of a project under this subsection as
determined under paragraph (4).
(B) Non-government share.--The remainder of
the net capital cost attributable to the public
transportation costs of a project under this
subsection shall be provided from an
undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new
capital.
Sec. 5310. Formula grants for the enhanced mobility of seniors and
individuals with disabilities
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Recipient.--The term ``recipient'' means--
(A) a designated recipient or a State that
receives a grant under this section directly;
or
(B) a State or local governmental entity that
operates a public transportation service.
(2) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, a private
nonprofit organization, or an operator of public
transportation that receives a grant under this section
indirectly through a recipient.
(b) General Authority.--
(1) Grants.--The Secretary may make grants under this
section to recipients for--
(A) public transportation projects planned,
designed, and carried out to meet the special
needs of seniors and individuals with
disabilities when public transportation is
insufficient, inappropriate, or unavailable;
(B) public transportation projects that
exceed the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.);
(C) public transportation projects that
improve access to fixed route service and
decrease reliance by individuals with
disabilities on complementary paratransit; and
(D) alternatives to public transportation
that assist seniors and individuals with
disabilities with transportation.
(2) Limitations for capital projects.--
(A) Amount available.--The amount available
for capital projects under paragraph (1)(A)
shall be not less than 55 percent of the funds
apportioned to the recipient under this
section.
(B) Allocation to subrecipients.--A recipient
of a grant under paragraph (1)(A) may allocate
the amounts provided under the grant to--
(i) a private nonprofit organization;
or
(ii) a State or local governmental
authority that--
(I) is approved by a State to
coordinate services for seniors
and individuals with
disabilities; or
(II) certifies that there are
no private nonprofit
organizations readily available
in the area to provide the
services described in paragraph
(1)(A).
(3) Administrative expenses.--A recipient may use not
more than 10 percent of the amounts apportioned to the
recipient under this section to administer, plan, and
provide technical assistance for a project funded under
this section.
(4) Eligible capital expenses.--The acquisition of
public transportation services is an eligible capital
expense under this section.
(5) Coordination.--
(A) Department of transportation.--To the
maximum extent feasible, the Secretary shall
coordinate activities under this section with
related activities under other Federal
departments and agencies.
(B) Other federal agencies and nonprofit
organizations.--A State or local governmental
authority or nonprofit organization that
receives assistance from Government sources
(other than the Department of Transportation)
for nonemergency transportation services
shall--
(i) participate and coordinate with
recipients of assistance under this
chapter in the design and delivery of
transportation services; and
(ii) participate in the planning for
the transportation services described
in clause (i).
(6) Program of projects.--
(A) In general.--Amounts made available to
carry out this section may be used for
transportation projects to assist in providing
transportation services for seniors and
individuals with disabilities, if such
transportation projects are included in a
program of projects.
(B) Submission.--A recipient shall annually
submit a program of projects to the Secretary.
(C) Assurance.--The program of projects
submitted under subparagraph (B) shall contain
an assurance that the program provides for the
maximum feasible coordination of transportation
services assisted under this section with
transportation services assisted by other
Government sources.
(7) Meal delivery for homebound individuals and
incidental use.--A public transportation service
provider that receives assistance under this section or
section 5311(c) may coordinate and assist in regularly
providing meal delivery service for homebound
individuals or providing other incidental services, if
the [delivery service does not conflict] service does
not conflict with providing public transportation
service or reduce service to public transportation
passengers.
(c) Apportionment and Transfers.--
(1) Formula.--The Secretary shall apportion amounts
made available to carry out this section as follows:
(A) Large urbanized areas.--Sixty percent of
the funds shall be apportioned among designated
recipients for urbanized areas with a
population of 200,000 or more individuals, as
determined by the Bureau of the Census, in the
ratio that--
(i) the number of seniors and
individuals with disabilities in each
such urbanized area; bears to
(ii) the number of seniors and
individuals with disabilities in all
such urbanized areas.
(B) Small urbanized areas.--Twenty percent of
the funds shall be apportioned among the States
in the ratio that--
(i) the number of seniors and
individuals with disabilities in
urbanized areas with a population of
fewer than 200,000 individuals, as
determined by the Bureau of the Census,
in each State; bears to
(ii) the number of seniors and
individuals with disabilities in
urbanized areas with a population of
fewer than 200,000 individuals, as
determined by the Bureau of the Census,
in all States.
(C) Rural areas.--Twenty percent of the funds
shall be apportioned among the States in the
ratio that--
(i) the number of seniors and
individuals with disabilities in rural
areas in each State; bears to
(ii) the number of seniors and
individuals with disabilities in rural
areas in all States.
(2) Areas served by projects.--
(A) In general.--Except as provided in
subparagraph (B)--
(i) funds apportioned under paragraph
(1)(A) shall be used for projects
serving urbanized areas with a
population of 200,000 or more
individuals, as determined by the
Bureau of the Census;
(ii) funds apportioned under
paragraph (1)(B) shall be used for
projects serving urbanized areas with a
population of fewer than 200,000
individuals, as determined by the
Bureau of the Census; and
(iii) funds apportioned under
paragraph (1)(C) shall be used for
projects serving rural areas.
(B) Exceptions.--A State may use funds
apportioned to the State under subparagraph (B)
or (C) of paragraph (1)--
(i) for a project serving an area
other than an area specified in
subparagraph (A)(ii) or (A)(iii), as
the case may be, if the Governor of the
State certifies that all of the
objectives of this section are being
met in the area specified in
subparagraph (A)(ii) or (A)(iii); or
(ii) for a project anywhere in the
State, if the State has established a
statewide program for meeting the
objectives of this section.
(C) Limited to eligible projects.--Any funds
transferred pursuant to subparagraph (B) shall
be made available only for eligible projects
selected under this section.
(D) Consultation.--A recipient may transfer
an amount under subparagraph (B) only after
consulting with responsible local officials,
publicly owned operators of public
transportation, and nonprofit providers in the
area for which the amount was originally
apportioned.
(d) Government Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section shall be in an amount equal to 80
percent of the net capital costs of the project, as
determined by the Secretary.
(2) Operating assistance.--A grant made under this
section for operating assistance may not exceed an
amount equal to 50 percent of the net operating costs
of the project, as determined by the Secretary.
(3) Remainder of net costs.--The remainder of the net
costs of a project carried out under this section--
(A) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital; and
(B) may be derived from amounts appropriated
or otherwise made available--
(i) to a department or agency of the
Government (other than the Department
of Transportation) that are eligible to
be expended for transportation; or
(ii) to carry out the Federal lands
highways program under section 204 of
title 23.
(4) Use of certain funds.--For purposes of paragraph
(3)(B)(i), the prohibition under section
403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) on the use of grant funds for
matching requirements shall not apply to Federal or
State funds to be used for transportation purposes.
(e) Grant Requirements.--
(1) In general.--A grant under this section shall be
subject to the same requirements as a grant under
section 5307, to the extent the Secretary determines
appropriate.
(2) Certification requirements.--
(A) Project selection and plan development.--
Before receiving a grant under this section,
each recipient shall certify that--
(i) the projects selected by the
recipient are included in a locally
developed, coordinated public transit-
human services transportation plan;
(ii) the plan described in clause (i)
was developed and approved through a
process that included participation by
seniors, individuals with disabilities,
representatives of public, private, and
nonprofit transportation and human
services providers, and other members
of the public; and
(iii) to the maximum extent feasible,
the services funded under this section
will be coordinated with transportation
services assisted by other Federal
departments and agencies, including any
transportation activities carried out
by a recipient of a grant from the
Department of Health and Human
Services.
(B) Allocations to subrecipients.--If a
recipient allocates funds received under this
section to subrecipients, the recipient shall
certify that the funds are allocated on a fair
and equitable basis.
(f) Competitive Process for Grants to Subrecipients.--
(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) may conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications
for grants under this section.
(2) Statewide solicitations.--A recipient of funds
apportioned under subparagraph (B) or (C) of subsection
(c)(1) may conduct a statewide solicitation for
applications for grants under this section.
(3) Application.--If the recipient elects to engage
in a competitive process, a recipient or subrecipient
seeking to receive a grant from funds apportioned under
subsection (c) shall submit to the recipient making the
election an application in such form and in accordance
with such requirements as the recipient making the
election shall establish.
(g) Transfers of Facilities and Equipment.--A recipient may
transfer a facility or equipment acquired using a grant under
this section to any other recipient eligible to receive
assistance under this chapter, if--
(1) the recipient in possession of the facility or
equipment consents to the transfer; and
(2) the facility or equipment will continue to be
used as required under this section.
(h) Performance Measures.--
(1) In general.--Not later than 1 year after the date
of enactment of the Federal Public Transportation Act
of 2012, the Secretary shall submit a report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives making
recommendations on the establishment of performance
measures for grants under this section. Such report
shall be developed in consultation with national
nonprofit organizations that provide technical
assistance and advocacy on issues related to
transportation services for seniors and individuals
with disabilities.
(2) Measures.--The performance measures to be
considered in the report under paragraph (1) shall
require the collection of quantitative and qualitative
information, as available, concerning--
(A) modifications to the geographic coverage
of transportation service, the quality of
transportation service, or service times that
increase the availability of transportation
services for seniors and individuals with
disabilities;
(B) ridership;
(C) accessibility improvements; and
(D) other measures, as the Secretary
determines is appropriate.
(i) Best Practices.--The Secretary shall collect from,
review, and disseminate to public transportation agencies--
(1) innovative practices;
(2) program models;
(3) new service delivery options;
(4) findings from activities under subsection (h);
and
(5) transit cooperative research program reports.
(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, which may include--
(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).
(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 and State
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, in coordination
with project partners, will use to quantify
actual outcomes against expected outcomes,
including--
(i) changes to transportation
expenditures as a result of improved
coordination;
(ii) changes to healthcare
expenditures provided by projects
partners as a result of improved
coordination; and
(iii) changes to health care metrics,
including aggregate health outcomes
provided by projects partners.
(D) Eligible uses.--Eligible recipients
receiving a grant under this section may use
such funds for--
(i) the deployment of coordination
technology;
(ii) projects that create or increase
access to community One-Call/One-Click
Centers;
(iii) projects that coordinate
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.
(E) Consultation.--In evaluating the
performance metrics described in subparagraph
(C), the Secretary shall consult with the
Secretary of Health and Human Services.
(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, as
described in paragraph (1)(B)(ii), 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 and State
healthcare expenditures using the
metrics described in subparagraph (F).
(iii) The reduced private healthcare
expenditures using the metrics
described in subparagraph (F).
(F) Healthcare metrics.--Healthcare metrics
described in this subparagraph shall be--
(i) reducing missed medical
appointments;
(ii) the timely discharge of patients
from hospitals;
(iii) preventing hospital admissions
and reducing readmissions of patients
into hospitals; and
(iv) other measureable healthcare
metrics, as determined appropriate by
the Secretary, in consultation with the
Secretary of Health and Human Services.
(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.
(I) Consultation.--In evaluating the health
care metrics described in subparagraph (F), the
Secretary shall consult with the Secretary of
Health and Human Services.
(J) Annual grantee report.--Each grantee
shall submit a report, in coordination with the
project partners of such grantee, that includes
an evaluation of the outcomes of the grant
awarded to such grantee, including the
performance measures.
(3) Report.--The Secretary shall make 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 in consultation with the Secretary of Health
and Human Services.
(4) Federal share.--
(A) In general.--The Federal share of the
costs of a project carried out under this
subsection shall not exceed 80 percent.
(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.
Sec. 5311. Formula grants for rural areas
(a) Definitions.--As used in this section, the following
definitions shall apply:
(1) Recipient.--The term ``recipient'' means a State
or Indian tribe that receives a Federal transit program
grant directly from the Government.
(2) Subrecipient.--The term ``subrecipient'' means a
State or local governmental authority, a nonprofit
organization, or an operator of public transportation
or intercity bus service that receives Federal transit
program grant funds indirectly through a recipient.
(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.
(b) General Authority.--
(1) Grants authorized.--Except as provided by
paragraph (2), the Secretary may award grants under
this section to recipients located in rural areas for--
(A) planning, provided that a grant under
this section for planning activities shall be
in addition to funding awarded to a State under
section 5305 for planning activities that are
directed specifically at the needs of rural
areas in the State;
(B) public transportation capital projects;
(C) operating costs of equipment and
facilities for use in public transportation;
(D) job access and reverse commute projects;
and
(E) the acquisition of public transportation
services, including service agreements with
private providers of public transportation
service.
(2) State program.--
(A) In general.--A project eligible for a
grant under this section shall be included in a
State program for public transportation service
projects, including agreements with private
providers of public transportation service.
(B) Submission to secretary.--Each State
shall submit to the Secretary annually the
program described in subparagraph (A).
(C) Approval.--The Secretary may not approve
the program unless the Secretary determines
that--
(i) the program provides a fair
distribution of amounts in the State,
including Indian reservations and
persistent poverty counties; and
(ii) the program provides the maximum
feasible coordination of public
transportation service assisted under
this section with transportation
service assisted by other Federal
sources.
(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.
(3) Rural transportation assistance program.--
(A) In general.--The Secretary shall carry
out a rural transportation assistance program
in rural areas.
(B) Grants and contracts.--In carrying out
this paragraph, the Secretary may use not more
than 2 percent of the amount made available
under section [5338(a)(2)(F)] 5338(a)(2)(E) to
make grants and contracts for transportation
research, technical assistance, training, and
related support services in rural areas.
(C) Projects of a national scope.--Not more
than 15 percent of the amounts available under
subparagraph (B) may be used by the Secretary
to carry out competitively selected projects of
a national scope, with the remaining balance
provided to the States.
(4) Data collection.--Each recipient under this
section shall submit an annual report to the Secretary
containing information on capital investment,
operations, and service provided with funds received
under this section, including--
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related
facilities;
(F) vehicle revenue miles; and
(G) ridership.
(c) Apportionments.--
(1) Public transportation on indian reservations.--Of
the amounts made available or appropriated for each
fiscal year pursuant to section [5338(a)(2)(F)]
5338(a)(2)(E) to carry out this paragraph, the
following amounts shall be apportioned each fiscal year
for grants to Indian tribes for any purpose eligible
under this section, under such terms and conditions as
may be established by the Secretary:
(A) [$5,000,000] $10,000,000 for each fiscal
year shall be distributed on a competitive
basis by the Secretary.
(B) [$30,000,000] the amount remaining under
section 5338(a)(2)(E)(i) after the amount under
subparagraph (A) is distributed for each fiscal
year shall be apportioned as formula grants, as
provided in subsection (j).
[(2) Appalachian development public transportation
assistance program.--
[(A) Definitions.--In this paragraph--
[(i) the term ``Appalachian region''
has the same meaning as in section
14102 of title 40; and
[(ii) the term ``eligible recipient''
means a State that participates in a
program established under subtitle IV
of title 40.
[(B) In general.--The Secretary shall carry
out a public transportation assistance program
in the Appalachian region.
[(C) Apportionment.--Of amounts made
available or appropriated for each fiscal year
under section 5338(a)(2)(F) to carry out this
paragraph, the Secretary shall apportion funds
to eligible recipients for any purpose eligible
under this section, based on the guidelines
established under section 9.5(b) of the
Appalachian Regional Commission Code.
[(D) Special rule.--An eligible recipient may
use amounts that cannot be used for operating
expenses under this paragraph for a highway
project if--
[(i) that use is approved, in
writing, by the eligible recipient
after appropriate notice and an
opportunity for comment and appeal are
provided to affected public
transportation providers; and
[(ii) the eligible recipient, in
approving the use of amounts under this
subparagraph, determines that the local
transit needs are being addressed.]
(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.
(3) Remaining amounts.--
(A) In general.--The amounts made available
or appropriated for each fiscal year pursuant
to section [5338(a)(2)(F)] 5338(a)(2)(E) that
are not apportioned under paragraph (1) or (2)
shall be apportioned in accordance with this
paragraph.
[(B) Apportionment based on land area and
population in nonurbanized areas.--
[(i) In general.--83.15 percent of
the amount described in subparagraph
(A) shall be apportioned to the States
in accordance with this subparagraph.
[(ii) Land area.--
[(I) In general.--Subject to
subclause (II), each State
shall receive an amount that is
equal to 20 percent of the
amount apportioned under clause
(i), 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
subclause (I).
[(iii) Population.--Each State shall
receive an amount equal to 80 percent
of the amount apportioned under clause
(i), 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.
[(C) Apportionment based on land area,
vehicle revenue miles, and low-income
individuals in nonurbanized areas.--
[(i) In general.--16.85 percent of
the amount described in subparagraph
(A) shall be apportioned to the States
in accordance with this subparagraph.
[(ii) Land area.--Subject to clause
(v), each State shall receive an amount
that is equal to 29.68 percent of the
amount apportioned under clause (i),
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.
[(iii) Vehicle revenue miles.--
Subject to clause (v), each State shall
receive an amount that is equal to
29.68 percent of the amount apportioned
under clause (i), 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.
[(iv) Low-income individuals.--Each
State shall receive an amount that is
equal to 40.64 percent of the amount
apportioned under clause (i),
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.
[(v) Maximum apportionment.--No State
shall receive--
[(I) more than 5 percent of
the amount apportioned under
clause (ii); or
[(II) more than 5 percent of
the amount apportioned under
clause (iii).]
(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.
(d) Use for Local Transportation Service.--A State may use an
amount apportioned under this section for a project included in
a program under subsection (b) of this section and eligible for
assistance under this chapter if the project will provide local
transportation service, as defined by the Secretary of
Transportation, in a rural area.
(e) Use for Administration, Planning, and Technical
Assistance.--The Secretary may allow a State to use not more
than 10 percent of the amount apportioned under this section to
administer this section and provide technical assistance to a
subrecipient, including project planning, program and
management development, coordination of public transportation
programs, and research the State considers appropriate to
promote effective delivery of public transportation to a rural
area.
(f) Intercity Bus Transportation.--
(1) In general.--A State shall expend at least 15
percent of the amount made available in each fiscal
year to carry out a program to develop and support
intercity bus transportation. A State may expend funds
to continue service into another State to extend a
route. Eligible activities under the program include--
(A) planning and marketing for intercity bus
transportation;
(B) capital grants for intercity bus
facilities;
(C) joint-use facilities;
(D) operating grants through purchase-of-
service agreements, user-side subsidies, and
demonstration projects; and
(E) coordinating rural connections between
small public transportation operations and
intercity bus carriers.
(2) Certification.--A State does not have to comply
with paragraph (1) of this subsection in a fiscal year
in which the Governor of the State certifies to the
Secretary, after consultation with affected intercity
bus service providers, that the intercity bus service
needs of the State are being met adequately and makes
the certification and supporting documents publicly
available.
(3) Meaningful connections.--All projects funded
under this subsection shall directly serve, or make
meaningful scheduled connections to, the national
intercity bus network.
(g) Government Share of Costs.--
(1) Capital projects.--
(A) In general.--Except as provided by
subparagraph (B), a grant awarded under this
section for a capital project or project
administrative expenses shall be for 80 percent
of the net costs of the project, as determined
by the Secretary.
(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government
share of the net costs in accordance with the
formula under that section.
(2) Operating assistance.--
(A) In general.--Except as provided by
subparagraph (B), a grant made under this
section for operating assistance may not exceed
50 percent of the net operating costs of the
project, as determined by the Secretary.
(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government
share of the net operating costs equal to 62.5
percent of the Government share provided for
under paragraph (1)(B).
(3) Remainder.--The remainder of net project costs--
(A) may be provided in cash from non-
Government sources;
(B) may be provided from revenues from the
sale of advertising and concessions;
(C) may be provided from an undistributed
cash surplus, a replacement or depreciation
cash fund or reserve, a service agreement with
a State or local social service agency or a
private social service organization, or new
capital;
(D) may be derived from amounts appropriated
or otherwise made available to a department or
agency of the Government (other than the
Department of Transportation) that are eligible
to be expended for transportation;
(E) notwithstanding subparagraph (B), may be
derived from amounts made available to carry
out the Federal lands highway program
established by section 204 of title 23; and
(F) in the case of an intercity bus project
that includes both feeder service and an
unsubsidized segment of intercity bus service
to which the feeder service connects, may be
derived from the costs of a private operator
for the unsubsidized segment of intercity bus
service, including all operating and capital
costs of such service whether or not offset by
revenue from such service, as an in-kind match
for the operating costs of connecting rural
intercity bus feeder service funded under
subsection (f), if the private operator agrees
in writing to the use of the costs of the
private operator for the unsubsidized segment
of intercity bus service as an in-kind match.
(4) Use of certain funds.--For purposes of paragraph
(3)(B), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(5) Limitation on operating assistance.--A State
carrying out a program of operating assistance under
this section may not limit the level or extent of use
of the Government grant for the payment of operating
expenses.
(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.
(h) Transfer of Facilities and Equipment.--With the consent
of the recipient currently having a facility or equipment
acquired with assistance under this section, a State may
transfer the facility or equipment to any recipient eligible to
receive assistance under this chapter if the facility or
equipment will continue to be used as required under this
section.
(i) Relationship to Other Laws.--
(1) In general.--Section 5333(b) applies to this
section if the Secretary of Labor utilizes a special
warranty that provides a fair and equitable arrangement
to protect the interests of employees.
(2) Rule of construction.--This subsection does not
affect or discharge a responsibility of the Secretary
of Transportation under a law of the United States.
(j) Formula Grants for Public Transportation on Indian
Reservations.--
(1) Apportionment.--
(A) In general.--Of the amounts described in
subsection (c)(1)(B)--
(i) 50 percent of the total amount
shall be apportioned so that each
Indian tribe providing public
transportation service shall receive an
amount equal to the total amount
apportioned under this clause
multiplied by the ratio of the number
of vehicle revenue miles provided by an
Indian tribe divided by the total
number of vehicle revenue miles
provided by all Indian tribes, as
reported to the Secretary;
(ii) 25 percent of the total amount
shall be apportioned equally among each
Indian tribe providing at least 200,000
vehicle revenue miles of public
transportation service annually, as
reported to the Secretary; and
(iii) 25 percent of the total amount
shall be apportioned among each Indian
tribe providing public transportation
on tribal lands (American Indian Areas,
Alaska Native Areas, and Hawaiian Home
Lands, as defined by the Bureau of the
Census) on which more than 1,000 low-
income individuals reside (as
determined by the Bureau of the Census)
so that each Indian tribe shall receive
an amount equal to the total amount
apportioned under this clause
multiplied by the ratio of the number
of low-income individuals residing on
an Indian tribe's lands divided by the
total number of low-income individuals
on tribal lands on which more than
1,000 low-income individuals reside.
(B) Limitation.--No recipient shall receive
more than $300,000 of the amounts apportioned
under subparagraph (A)(iii) in a fiscal year.
(C) Remaining amounts.--Of the amounts made
available under subparagraph (A)(iii), any
amounts not apportioned under that subparagraph
shall be allocated among Indian tribes
receiving less than $300,000 in a fiscal year
according to the formula specified in that
clause.
(D) Low-income individuals.--For purposes of
subparagraph (A)(iii), the term ``low-income
individual'' means an individual whose family
income is at or below 100 percent of the
poverty line, as that term is defined in
section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2)), including any
revision required by that section, for a family
of the size involved.
(E) Allocation between multiple indian
tribes.--If more than 1 Indian tribe provides
public transportation service on tribal lands
in a single Tribal Statistical Area, and the
Indian tribes do not determine how to allocate
the funds apportioned under clause (iii) of
subparagraph (A) between the Indian tribes, the
Secretary shall allocate the funds so that each
Indian tribe shall receive an amount equal to
the total amount apportioned under such clause
(iii) multiplied by the ratio of the number of
annual unlinked passenger trips provided by
each Indian tribe, as reported to the National
Transit Database, to the total unlinked
passenger trips provided by all Indian tribes
in the Tribal Statistical Area.
(2) Non-tribal service providers.--A recipient that
is an Indian tribe may use funds apportioned under this
subsection to finance public transportation services
provided by a non-tribal provider of public
transportation that connects residents of tribal lands
with surrounding communities, improves access to
employment or healthcare, or otherwise addresses the
mobility needs of tribal members.
Sec. 5312. Public transportation innovation
(a) In General.--The Secretary shall provide assistance for
projects and activities to advance innovative public
transportation research and development in accordance with the
requirements of this section.
(b) Research, Development, Demonstration, and Deployment
Projects.--
(1) In general.--The Secretary may make grants and
enter into contracts, cooperative agreements, and other
agreements for research, development, demonstration,
and deployment projects, and evaluation of research and
technology of national significance to public
transportation, that the Secretary determines will
improve public transportation.
(2) Agreements.--In order to carry out paragraph (1),
the Secretary may make grants to and enter into
contracts, cooperative agreements, and other agreements
with--
(A) departments, agencies, and
instrumentalities of the Government, including
Federal laboratories;
(B) State and local governmental entities;
(C) providers of public transportation;
(D) private or non-profit organizations;
(E) institutions of higher education; and
(F) technical and community colleges.
(3) Application.--
(A) In general.--To receive a grant,
contract, cooperative agreement, or other
agreement under this section, an entity
described in paragraph (2) shall submit an
application to the Secretary.
(B) Form and contents.--An application under
subparagraph (A) shall be in such form and
contain such information as the Secretary may
require, including--
(i) a statement of purpose detailing
the need being addressed;
(ii) the short- and long-term goals
of the project, including opportunities
for future innovation and development,
the potential for deployment, and
benefits to riders and public
transportation; and
(iii) the short- and long-term
funding requirements to complete the
project and any future objectives of
the project.
(c) Research.--
(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described
in subsection (b)(2) to carry out a public
transportation research project that has as its
ultimate goal the development and deployment of new and
innovative ideas, practices, and approaches.
(2) Project eligibility.--A public transportation
research project that receives assistance under
paragraph (1) shall focus on--
(A) providing more effective and efficient
public transportation service, including
services to--
(i) seniors;
(ii) individuals with disabilities;
and
(iii) low-income individuals;
(B) mobility management and improvements and
travel management systems;
(C) data and communication system
advancements;
(D) system capacity, including--
(i) train control;
(ii) capacity improvements; and
(iii) performance management;
(E) capital and operating efficiencies;
(F) planning and forecasting modeling and
simulation;
(G) advanced vehicle design;
(H) advancements in vehicle technology;
(I) asset maintenance and repair systems
advancement;
(J) construction and project management;
(K) alternative fuels;
(L) the environment and energy efficiency;
(M) safety improvements; or
(N) any other area that the Secretary
determines is important to advance the
interests of public transportation.
(d) Innovation and Development.--
(1) In general.--The Secretary may make a grant to or
enter into a contract, cooperative agreement, or other
agreement under this section with an entity described
in subsection (b)(2) to carry out a public
transportation innovation and development project that
seeks to improve public transportation systems
nationwide in order to provide more efficient and
effective delivery of public transportation services,
including through technology and technological capacity
improvements.
(2) Project eligibility.--A public transportation
innovation and development project that receives
assistance under paragraph (1) shall focus on--
(A) the development of public transportation
research projects that received assistance
under subsection (c) that the Secretary
determines were successful;
(B) planning and forecasting modeling and
simulation;
(C) capital and operating efficiencies;
(D) advanced vehicle design;
(E) advancements in vehicle technology;
(F) the environment and energy efficiency;
(G) system capacity, including train control
and capacity improvements; or
(H) any other area that the Secretary
determines is important to advance the
interests of public transportation.
(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.
(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 passenger
boarding, alighting, and securement
consistent 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
consistent 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 three 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).
(e) Demonstration, Deployment, and Evaluation.--
(1) In general.--The Secretary may, under terms and
conditions that the Secretary prescribes, make a grant
to or enter into a contract, cooperative agreement, or
other agreement with an entity described in paragraph
(2) to promote the early deployment and demonstration
of innovation in public transportation that has broad
applicability.
(2) Participants.--An entity described in this
paragraph is--
(A) an entity described in subsection (b)(2);
or
(B) a consortium of entities described in
subsection (b)(2), including a provider of
public transportation, that will share the
costs, risks, and rewards of early deployment
and demonstration of innovation.
(3) Project eligibility.--A demonstration,
deployment, or evaluation project that receives
assistance under paragraph (1) shall seek to build on
successful research, innovation, and development
efforts to facilitate--
(A) the deployment of research and technology
development resulting from private efforts or
Federally funded efforts;
(B) the implementation of research and
technology development to advance the interests
of public transportation; or
(C) the deployment of [low or no emission
vehicles, zero emission vehicles,] zero
emission vehicles or associated advanced
technology.
(4) Evaluation.--Not later than 2 years after the
date on which a project receives assistance under
paragraph (1), the Secretary shall conduct a
comprehensive evaluation of the success or failure of
the projects funded under this subsection and any plan
for broad-based implementation of the innovation
promoted by successful projects.
(5) Prohibition.--The Secretary may not make grants
under this subsection for the demonstration,
deployment, or evaluation of a vehicle that is in
revenue service unless the Secretary determines that
the project makes significant technological
advancements in the vehicle.
[(6) Definitions.--In this subsection--
[(A) the term ``direct carbon emissions''
means the quantity of direct greenhouse gas
emissions from a vehicle, as determined by the
Administrator of the Environmental Protection
Agency;
[(B) the term ``low or no emission vehicle''
means--
[(i) a passenger vehicle used to
provide public transportation that the
Secretary determines sufficiently
reduces energy consumption or harmful
emissions, including direct carbon
emissions, when compared to a
comparable standard vehicle; or
[(ii) a zero emission vehicle used to
provide public transportation; and
[(C) the term ``zero emission vehicle'' means
a low or no emission vehicle that produces no
carbon or particulate matter.]
(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.
[(g)] (f) Annual Report on Research.--Not later than the
first Monday in February of each year, the Secretary shall make
available to the public on the Web site of the Department of
Transportation, a report that includes--
(1) a description of each project that received
assistance under this section during the preceding
fiscal year; and
(2) an evaluation of each project described in
paragraph (1), including any evaluation conducted under
subsection (e)(4) for the preceding fiscal year.
(g) Government Share of Costs.--
(1) In general.--The Government share of the cost of
a project carried out under this section shall not
exceed 80 percent.
(2) Non-government share.--The non-Government share
of the cost of a project carried out under this section
may be derived from in-kind contributions.
(3) Financial benefit.--If the Secretary determines
that there would be a clear and direct financial
benefit to an entity under a grant, contract,
cooperative agreement, or other agreement under this
section, the Secretary shall establish a Government
share of the costs of the project to be carried out
under the grant, contract, cooperative agreement, or
other agreement that is consistent with the benefit.
(h) [Low or No Emission] Zero Emission Vehicle Component
Assessment.--
(1) Definitions.--In this subsection--
(A) the term ``covered institution of higher
education'' means an institution of higher
education with which the Secretary enters into
a contract or cooperative agreement, or to
which the Secretary makes a grant, under
paragraph (2)(B) to operate a facility selected
under paragraph (2)(A);
[(B) the terms ``direct carbon emissions''
and ``low or no emission vehicle'' have the
meanings given those terms in subsection
(e)(6);]
(B) the term ``zero emission vehicle'' has
the meaning given such term in subsection
(e)(6);
(C) the term ``institution of higher
education'' has the meaning given the term in
section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002); and
(D) the term ``[low or no emission vehicle]
zero emission vehicle component'' means an item
that is separately installed in and removable
from a [low or no emission vehicle] zero
emission vehicle.
(2) Assessing [low or no emission] zero emission
vehicle components.--
(A) In general.--The Secretary shall
competitively select at least one facility to
conduct testing, evaluation, and analysis of
[low or no emission] zero emission vehicle
components intended for use in [low or no
emission] zero emission vehicles.
(B) Operation and maintenance.--
(i) In general.--The Secretary shall
enter into a contract or cooperative
agreement with, or make a grant to, at
least one institution of higher
education to operate and maintain a
facility selected under subparagraph
(A).
(ii) Requirements.--An institution of
higher education described in clause
(i) shall have--
(I) capacity to carry out
transportation-related advanced
component and vehicle
evaluation;
(II) laboratories capable of
testing and evaluation; and
(III) direct access to or a
partnership with a testing
facility capable of emulating
real-world circumstances in
order to test [low or no
emission] zero emission vehicle
components installed on the
intended vehicle.
(C) Fees.--A covered institution of higher
education shall establish and collect fees,
which shall be approved by the Secretary, for
the assessment of [low or no emission] zero
emission vehicle components at the applicable
facility selected under subparagraph (A).
(D) Availability of amounts to pay for
assessment.--The Secretary shall enter into a
contract or cooperative agreement with, or make
a grant to an institution of higher education
under which--
(i) the Secretary shall pay 50
percent of the cost of assessing a [low
or no emission] zero emission vehicle
component at the applicable facility
selected under subparagraph (A) from
amounts made available to carry out
this section; and
(ii) the remaining 50 percent of such
cost shall be paid from amounts
recovered through the fees established
and collected pursuant to subparagraph
(C).
(E) Voluntary testing.--A manufacturer of a
[low or no emission] zero emission vehicle
component is not required to assess the [low or
no emission] zero emission vehicle component at
a facility selected under subparagraph (A).
(F) Compliance with section 5318.--
Notwithstanding whether a [low or no emission]
zero emission vehicle component is assessed at
a facility selected under subparagraph (A),
each new bus model shall comply with the
requirements under section 5318.
[(G) Separate facility.--A facility selected
under subparagraph (A) shall be separate and
distinct from the facility operated and
maintained under section 5318.]
(3) [Low or no emission] Zero emission vehicle
component performance reports.--Not later than 2 years
after the date of enactment of the Federal Public
Transportation Act of 2015, and annually thereafter,
the Secretary shall issue a report on [low or no
emission] zero emission vehicle component assessments
conducted at each facility selected under paragraph
(2)(A), which shall include information related to the
maintainability, reliability, performance, structural
integrity, efficiency, and noise of those [low or no
emission] zero emission vehicle components.
(4) Public availability of assessments.--Each
assessment conducted at a facility selected under
paragraph (2)(A) shall be made publicly available,
including to affected industries.
(5) Rule of construction.--Nothing in this subsection
shall be construed to require--
(A) a [low or no emission] zero emission
vehicle component to be tested at a facility
selected under paragraph (2)(A); or
(B) the development or disclosure of a
privately funded component assessment.
(i) Transit Cooperative Research Program.--
(1) In general.--The amounts made available under
section [5338(a)(2)(G)(ii)] 5338(a)(2)(F)(iii) are
available for a public transportation cooperative
research program.
(2) Independent governing board.--
(A) Establishment.--The Secretary shall
establish an independent governing board for
the program under this subsection.
(B) Recommendations.--The board shall
recommend public transportation research,
development, and technology transfer activities
the Secretary considers appropriate.
(3) Federal assistance.--The Secretary may make
grants to, and enter into cooperative agreements with,
the National Academy of Sciences to carry out
activities under this subsection that the Secretary
considers appropriate.
(4) Government share of costs.--If there would be a
clear and direct financial benefit to an entity under a
grant or contract financed under this subsection, the
Secretary shall establish a Government share consistent
with that benefit.
(5) Limitation on applicability.--Subsections (f) and
(g) shall not apply to activities carried out under
this subsection.
(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.
(E) A plan for a public awareness campaign of
the transit agency's ability to provide reduced
fares, including in foreign languages, based
on--
(i) data from the Bureau of the
Census, consistent with the local area
demographics where the transit agency
operates, including the languages that
are most prevalent and commonly
requested for translation services; or
(ii) qualitative and quantitative
observation from community service
providers including those that provide
health and mental health services,
social services, transportation, and
other relevant social services.
(F) Projected impacts on ridership.
(G) Projected benefits in closing transit
equity gaps.
(H) Projected impact on the ability of
students to access education or workforce
training programs.
(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) Rule of construction.--Nothing in this section
shall be construed to limit the eligibility of an
applicant if a State, local, or Tribal governmental
entity provides reduced fare transportation to low-
income individuals.
(8) 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;
(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
(VIII) a Federal Pell Grant
under section 401 of the Higher
Education Act of 1965 (20
U.S.C. 1070a);
(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; or
(iii) that is a low-income veteran or
member of the military.
(9) Report.--The Secretary shall designate a
university transportation center under section 5505 to
collaborate with the eligible entities receiving a
grant under this subsection to collect necessary data
to evaluate the effectiveness of meeting the targets
described in the application of such recipient,
including increased ridership, impacts on fare evasion,
and progress towards significantly closing transit
equity gaps.
(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.
(6) Rule of construction.--Nothing in this subsection
may be construed to allow the Secretary to waive any
requirement under any other provision of Federal law.
* * * * * * *
Sec. 5314. Technical assistance and workforce development
(a) Technical Assistance and Standards.--
(1) Technical assistance and standards development.--
(A) In general.--The Secretary may make
grants and enter into contracts, cooperative
agreements, and other agreements (including
agreements with departments, agencies, and
instrumentalities of the Government) to carry
out activities that the Secretary determines
will assist recipients of assistance under this
chapter to--
(i) more effectively and efficiently
provide public transportation service;
(ii) administer funds received under
this chapter in compliance with Federal
law; and
(iii) improve public transportation.
(B) Eligible activities.--The activities
carried out under subparagraph (A) may
include--
(i) technical assistance[; and];
(ii) the development of voluntary and
consensus-based standards and best
practices by the public transportation
industry, including standards and best
practices for safety, fare collection,
intelligent transportation systems,
accessibility, procurement, security,
asset management to maintain a state of
good repair, operations, maintenance,
vehicle propulsion, communications,
[and vehicle electronics.]
cybersecurity and mitigating the threat
of ransomware, and vehicle electronics;
and
(iii) technical assistance to assist
recipients with the impacts of a new
census count.
(2) Technical assistance.--The Secretary, through a
competitive bid process, may enter into contracts,
cooperative agreements, and other agreements with
national nonprofit organizations that have the
appropriate demonstrated capacity to provide public-
transportation-related technical assistance under this
subsection. The Secretary may enter into such
contracts, cooperative agreements, and other agreements
to assist providers of public transportation to--
(A) comply with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) through technical assistance,
demonstration programs, research, public
education, and other activities related to
complying with such Act;
(B) comply with human services transportation
coordination requirements and to enhance the
coordination of Federal resources for human
services transportation with those of the
Department of Transportation through technical
assistance, training, and support services
related to complying with such requirements;
(C) meet the transportation needs of elderly
individuals;
(D) increase transit ridership in
coordination with metropolitan planning
organizations and other entities through
development around public transportation
stations through technical assistance and the
development of tools, guidance, and analysis
related to market-based development around
transit stations;
(E) address transportation equity with regard
to the effect that transportation planning,
investment, and operations have for low-income
and minority individuals;
(F) facilitate best practices to promote bus
driver safety;
(G) meet the requirements of [sections
5323(j) and 5323(m)] section 5320;
(H) cybersecurity and mitigating the threat
of ransomware;
(I) provide innovation and capacity-building
to rural and tribal public transportation
recipients that do not duplicate the activities
of sections 5311(b) or 5312; and
[(H)] (J) assist with the development and
deployment of low or no emission vehicles (as
defined in section 5339(c)(1)) or low or no
emission vehicle components (as defined in
section 5312(h)(1)); and
[(I)] (K) any other technical assistance
activity that the Secretary determines is
necessary to advance the interests of public
transportation.
(3) Annual report on technical assistance.--Not later
than the first Monday in February of each year, the
Secretary shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on
Appropriations of the Senate and the Committee on
Transportation and Infrastructure, the Committee on
Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives a report
that includes--
(A) a description of each project that
received assistance under this subsection
during the preceding fiscal year;
(B) an evaluation of the activities carried
out by each organization that received
assistance under this subsection during the
preceding fiscal year;
(C) a proposal for allocations of amounts for
assistance under this subsection for the
subsequent fiscal year; and
(D) measurable outcomes and impacts of the
programs funded under subsections (b) and (c).
(4) Government share of costs.--
(A) In general.--The Government share of the
cost of an activity carried out using a grant
under this subsection may not exceed 80
percent.
(B) Non-government share.--The non-Government
share of the cost of an activity carried out
using a grant under this subsection may be
derived from in-kind contributions.
(4) Availability of amounts.--Of the amounts made
available to carry out this section under section
5338(a)(2)(G)(i), $1,500,000 shall be available to
carry out activities described in paragraph (2)(I).
(b) Human Resources and Training.--
(1) In general.--The Secretary may undertake, or make
grants and contracts for, programs that address human
resource needs as they apply to public transportation
activities. A program may include--
(A) an employment training program;
(B) an outreach program to increase
employment for veterans, [females] women,
individuals with a disability, minorities
(including American Indians or Alaska Natives,
Asian, Black or African Americans, native
Hawaiians or other Pacific Islanders, and
Hispanics) in public transportation activities;
(C) research on public transportation
personnel and training needs;
(D) training and assistance for veteran and
minority business opportunities; and
(E) consensus-based national training
standards and certifications in partnership
with industry stakeholders.
[(2) Innovative public transportation frontline
workforce development program.--
[(A) In general.--The Secretary shall
establish a competitive grant program to assist
the development of innovative activities
eligible for assistance under paragraph (1).
[(B) Eligible programs.--A program eligible
for assistance under paragraph (1) shall--
[(i) develop apprenticeships, on-the-
job training, and instructional
training for public transportation
maintenance and operations occupations;
[(ii) build local, regional, and
statewide public transportation
training partnerships with local public
transportation operators, labor union
organizations, workforce development
boards, and State workforce agencies to
identify and address workforce skill
gaps;
[(iii) improve safety, security, and
emergency preparedness in local public
transportation systems through improved
safety culture and workforce
communication with first responders and
the riding public; and
[(iv) address current or projected
workforce shortages by developing
partnerships with high schools,
community colleges, and other community
organizations.
[(C) Selection of recipients.--To the maximum
extent feasible, the Secretary shall select
recipients that--
[(i) are geographically diverse;
[(ii) address the workforce and human
resources needs of large public
transportation providers;
[(iii) address the workforce and
human resources needs of small public
transportation providers;
[(iv) address the workforce and human
resources needs of urban public
transportation providers;
[(v) address the workforce and human
resources needs of rural public
transportation providers;
[(vi) advance training related to
maintenance of low or no emission
vehicles and facilities used in public
transportation;
[(vii) target areas with high rates
of unemployment;
[(viii) advance opportunities for
minorities, women, veterans,
individuals with disabilities, low-
income populations, and other
underserved populations; and
[(ix) address in-demand industry
sector or occupation, as such term is
defined in section 3 of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3102).
[(D) Program outcomes.--A recipient of
assistance under this subsection shall
demonstrate outcomes for any program that
includes skills training, on-the-job training,
and work-based learning, including--
[(i) the impact on reducing public
transportation workforce shortages in
the area served;
[(ii) the diversity of training
participants;
[(iii) the number of participants
obtaining certifications or credentials
required for specific types of
employment;
[(iv) employment outcomes, including
job placement, job retention, and
wages, using performance metrics
established in consultation with the
Secretary and 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 who are participating
in skills training, on-the-job
training, and work-based learning from
being referred to, or hired on,
projects funded under this chapter
without regard to the length of time of
their participation in the program.
[(E) Report to congress.--The Secretary shall
make publicly available a report on the
Frontline Workforce Development Program 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 activities carried out under
this paragraph, an evaluation of the program,
and policy recommendations to improve program
effectiveness.]
(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 enter into a
cooperative agreement with a nonprofit
organization with a demonstrated capacity to
develop and provide transit career pathway
programs through labor-management partnerships
and registered apprenticeships on a nationwide
basis, in order to carry out the duties under
subparagraph (B). The Center shall be dedicated
to the needs of the frontline transit workforce
in both rural and urban transit systems by
providing training in the maintenance and
operations occupations based on industry best
practices.
(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,
skills, competencies, and
recognized postsecondary
credentials in partnership with
industry stakeholders for key
frontline transit occupations
with demonstrated skill gaps;
(II) developing
recommendations and best
practices for curriculum and
recognized postsecondary
credentials, including related
instruction and on-the-job
learning for registered
apprenticeship programs 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,
competencies, and recognized
postsecondary credentials
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 and
competencies 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 programs 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;
(VIII) in collaboration with
the Administrator of the
Federal Transit Administration,
the Bureau of Labor Statistics,
the Employment and Training
Adminstration, 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; and
(IX) providing culturally
competent training and
educational programs to all who
participate, regardless of
gender, sexual orientation, or
gender identity, including
those with limited English
proficiency, diverse cultural
and ethnic backgrounds, and
disabilities.
(C) Coordination.--The Secretary shall
coordinate activities under this section, to
the maximum extent practicable, with the
Employment and Training Administration,
including the National Office of Apprenticeship
of the Department of Labor and the Office of
Career, Technical, and Adult Education of the
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, 5337,
and 5339 and not more than 2 percent of
amounts made available to a recipient
under section 5311 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.
(iii) Limitation.--Any funds made
available under this section that are
used to fund an apprenticeship or
apprenticeship program shall only be
used for, or provided to, a registered
apprenticeship program, including any
funds awarded for the purposes of
grants, contracts, or cooperative
agreements, or the development,
implementation, or administration, of
an apprenticeship or an apprenticeship
program.
(E) Definitions.--In this paragraph:
(i) Career pathway.--The term
``career pathway'' has the meaning
given such term in section 3 of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
(ii) Recognized postsecondary
credential.--The term ``recognized
postsecondary credential'' has the
meaning given such term in section 3 of
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(iii) Registered apprenticeship
program.--The term ``registered
apprenticeship program'' means an
apprenticeship program registered with
the Department of Labor or a Federally-
recognized State Apprenticeship Agency
and that complies with the requirements
under parts 29 and 30 of title 29, Code
of Federal Regulations, as in effect on
January 1, 2019.
(3) Government's share of costs.--The Government
share of the cost of a project carried out using a
grant under paragraph (1) [or (2)] shall be 50 percent.
[(4) Availability of amounts.--Not more than 0.5
percent of amounts made available to a recipient under
sections 5307, 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.]
(c) National Transit Institute.--
(1) Establishment.--The Secretary shall establish a
national transit institute and award grants to a public
4-year degree-granting institution of higher education,
as defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)), in order to carry out
the duties of the institute.
(2) Duties.--
(A) In general.--In cooperation with the
Federal Transit Administration, State
transportation departments, public
transportation authorities, and national and
international entities, the institute
established under paragraph (1) shall develop
and conduct training and educational programs
for Federal, State, and local transportation
employees, United States citizens, and foreign
nationals engaged or to be engaged in
Government-aid public transportation work.
(B) Training and educational programs.--The
training and educational programs developed
under subparagraph (A) may include courses in
recent developments, techniques, and procedures
related to--
(i) intermodal and public
transportation planning;
(ii) management;
(iii) environmental factors;
(iv) acquisition and joint use
rights-of-way;
(v) engineering and architectural
design;
(vi) procurement strategies for
public transportation systems;
(vii) turnkey approaches to
delivering public transportation
systems;
(viii) new technologies;
(ix) emission reduction technologies;
(x) ways to make public
transportation accessible to
individuals with disabilities;
(xi) construction, construction
management, insurance, and risk
management;
(xii) maintenance;
(xiii) contract administration;
(xiv) inspection;
(xv) innovative finance;
(xvi) workplace safety; and
(xvii) public transportation
security.
(3) Provision for education and training.--Education
and training of Government, State, and local
transportation employees under this subsection shall be
provided--
(A) by the Secretary at no cost to the States
and local governments for subjects that are a
Government program responsibility; or
(B) when the education and training are paid
under paragraph (4), by the State, with the
approval of the Secretary, through grants and
contracts with public and private agencies,
other institutions, individuals, and the
institute.
(4) Availability of amounts.--
(A) In general.--Not more than 0.5 percent of
amounts made available to a recipient under
sections 5307, 5337, and 5339, and not more
than 2 percent of amounts under 5311, 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.
(B) Existing programs.--A recipient may use
amounts made available under subparagraph (A)
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.
* * * * * * *
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)
and (3), the Federal share of the net cost of a project
carried out under this section shall not exceed 70
percent.
(2) Insourcing incentive.--Notwithstanding paragraph
(1), the Federal share of the net cost of a project
described in paragraph (1) shall, at the request of the
project sponsor, be increased by up to 10 percent for
mobility on demand service operated exclusively by
personnel employed by the recipient.
(3) Zero emission incentive.--Notwithstanding
paragraph (1), the Federal share of the net cost of a
project described in paragraph (1) shall, at the
request of the project sponsor, be increased by up to
10 percent if such project involves an eligible use
that uses a vehicle that produces zero carbon dioxide
or particulate matter.
(c) Eligible Uses.--
(1) In general.--The Secretary shall publish guidance
describing eligible activities that are demonstrated
to--
(A) increase transit ridership;
(B) be complementary to fixed route transit
service;
(C) demonstrate meaningful 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 during times of the day
when regular transit service is not
operating, as long as regular transit
service hours are not reduced;
(vi) new service that operates in
areas of lower density that are
unserved or underserved by regular
transit service;
(vii) rural service; and
(viii) improvement in paratransit
service quality.
(2) Fare collection modernization.--In developing
guidance referred to in this section, the Secretary
shall ensure that--
(A) all costs associated with installing,
modernizing, and managing fare collection,
including touchless payment systems, shall be
considered eligible expenses under this title
and subject to the applicable Federal share;
and
(B) such guidance includes guidance on how
agencies shall provide unbanked and underbanked
users with an opportunity to benefit from
mobility as a service platforms.
(3) 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;
(B) deadhead vehicle miles; or
(C) any service considered a taxi service
that operates under an exemption from testing
requirements under section 5331.
(d) Federal Requirements.--A project carried out under this
section shall be treated as if such project were carried out
under the section from which the funds were provided to carry
out such project, including the application of any additional
requirements provided for by law that apply to section 5307,
5310, or 5311, as applicable.
(e) Waiver.--
(1) Individual waiver.--Except as provided in
paragraphs (2) and (3), the Secretary may waive any
requirement applied to a project carried out under this
section pursuant to subsection (d) if the Secretary
determines that the project would--
(A) not undermine labor standards;
(B) increase employment opportunities of the
recipient unless the Secretary determines that
such a waiver does not affect employment
opportunities; and
(C) be consistent with the public interest.
(2) Waiver under other sections.--The Secretary may
not waive any requirement under paragraph (1) for which
a waiver is otherwise available.
(3) Prohibition of waiver.--Notwithstanding paragraph
(1), the Secretary may not waive any requirement of--
(A) section 5333;
(B) section 5331;
(C) section 5302(14); and
(D) chapter 53 that establishes a maximum
Federal share for operating costs.
(4) Application of section 5320.--Notwithstanding
paragraphs (1) and (2), the Secretary may only waive
the requirements of section 5320 with respect to--
(A) a passenger vehicle owned by an
individual;
(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;
(C) any shared micromobility device for the
period beginning on the date of enactment of
this section and ending on the date that is 3
years after such date; and
(D) rolling stock that is part of a dedicated
fleet of vehicles for the provision of
microtransit that is operated by, or
exclusively on behalf of, the covered recipient
for the period beginning on the date of
enactment of this section and ending on the
date that is 3 years after such date.
(5) Limitation.--A waiver issued under subparagraphs
(B), (C), or (D) of paragraph (4) may only be issued on
an individual project basis at the request of the
covered recipient and may not be renewed or extended
beyond the initial 3-year period of the waiver.
(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 require public transportation
agencies, mobility on demand providers, mobility as a
service technology providers, other non-government
actors, 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) prohibit the transfer of personally
identifiable information;
(G) protect confidential business
information;
(H) enhance cybersecurity protections; and
(I) allow data governance, including but not
limited to licensing and terms of information
sharing, periodic risk assessments, policies
regarding data retention and information
handling policies, and anonymization
techniques.
(3) Prohibition on for profit activity.--Any data
received by an entity under this subsection may not be
sold, leased, or otherwise used to generate profit,
except for the direct provision of the related mobility
on demand services and mobility as a service.
(4) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry
out this subsection shall have a 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, representatives from at least 3
different organizations engaged in collective
bargaining on behalf of transit workers in not fewer
than 3 States, mobility on demand providers, and
mobility as a service technology providers.
(5) 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.
(6) Extension of deadlines.--A deadline set forth in
paragraph (4) may be extended up to 180 days if the
negotiated rulemaking committee referred to in
paragraph (5) 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 Vehicle Revenue Miles.--With
respect to vehicle revenue 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--
(1) being carried out in compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); or
(2) projects eligible under section 5310 that exceed
the requirements of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(i) Definitions.--In this section:
(1) 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.
(2) 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.
(3) 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.
(4) Mobility on demand.--The term ``mobility on
demand'' means an on-demand transportation service
shared among individuals, either concurrently or one
after another.
* * * * * * *
Sec. 5318. Bus testing facility
(a) Facility.--The Secretary shall maintain one facility for
testing a new bus model for maintainability, reliability,
safety, performance (including braking performance), structural
integrity, fuel economy, emissions, and noise.
(b) Operation and Maintenance.--The Secretary shall enter
into a contract or cooperative agreement with, or make a grant
to, a qualified person or organization to operate and maintain
the facility. The contract, cooperative agreement, or grant may
provide for the testing of rail cars and other public
transportation vehicles at the facility.
(c) Fees.--The person operating and maintaining the facility
shall establish and collect fees for the testing of vehicles at
the facility. The Secretary must approve the fees.
(d) Availability of Amounts To Pay for Testing.--The
Secretary shall enter into a contract or cooperative agreement
with, or make a grant to, the operator of the facility under
which the Secretary shall pay 80 percent of the cost of testing
a vehicle at the facility from amounts available to carry out
this section. The entity having the vehicle tested shall pay 20
percent of the cost.
(e) Acquiring New Bus Models.--
(1) In general.--Amounts appropriated or otherwise
made available under this chapter may be obligated or
expended to acquire a new bus model only if--
(A) a bus of that model has been tested at a
facility authorized under subsection (a); and
(B) the bus tested under subparagraph (A)
met--
(i) performance standards for
maintainability, reliability,
performance (including braking
performance), structural integrity,
fuel economy, emissions, and noise, as
established by the Secretary by rule;
and
(ii) the minimum safety performance
standards established by the Secretary
pursuant to section 5329(b).
(2) Bus test ``pass/fail'' standard.--Not later than
2 years after the date of enactment of the Federal
Public Transportation Act of 2012, the Secretary shall
issue a final rule under subparagraph (B)(i). The final
rule issued under paragraph (B)(i) shall include a bus
model scoring system that results in a weighted,
aggregate score that uses the testing categories under
subsection (a) and considers the relative importance of
each such testing category. The final rule issued under
subparagraph (B)(i) shall establish a ``pass/fail''
standard that uses the aggregate score described in the
preceding sentence. Amounts appropriated or otherwise
made available under this chapter may be obligated or
expended to acquire a new bus model only if the new bus
model has received a passing aggregate test score. The
Secretary shall work with the bus testing facility, bus
manufacturers, and transit agencies to develop the bus
model scoring system under this paragraph. A passing
aggregate test score under the rule issued under
subparagraph (B)(i) indicates only that amounts
appropriated or made available under this chapter may
be obligated or expended to acquire a new bus model and
shall not be interpreted as a warranty or guarantee
that the new bus model will meet a purchaser's specific
requirements.
(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.
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 a 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,
highly skilled 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)(A), 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
percent domestic content when calculating the
domestic content of the rolling stock.
(3) Rolling stock frames or car shells.--
(A) Inclusion of costs.--Subject to the
substantiation requirement of subparagraph (B),
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.
(B) Substantiation.--If a rolling stock
vehicle manufacturer wishes to include in the
calculation of the vehicle's domestic content
the cost of steel or iron produced in the
United States and used in the rolling stock
frames and car shells that are not produced in
the United States, the manufacturer shall
maintain and provide upon request a mill
certification that substantiates the origin of
the steel or iron.
(4) Treatment of waived components and
subcomponents.--In this section, a 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 add 2.5 percent to the
total domestic content when calculating the domestic
content of the rolling stock for any zero-emission
vehicle that uses only battery cells for propulsion
that are manufactured domestically.
(6) Prohibition on double counting.--
(A) In general.--No labor costs included in
the cost of a component or subcomponent by the
manufacturer of rolling stock may be treated as
rolling stock assembly costs for purposes of
calculating domestic content.
(B) Violation.--A violation of this paragraph
shall be treated as a false claim under
subchapter III of chapter 37 of title 31.
(7) Definition of highly skilled labor costs.--In
this subsection, the term ``highly skilled labor
costs''--
(A) means the apportioned value of direct
wage compensation associated with final
assembly activities of workers directly
employed by a rolling stock original equipment
manufacturer and directly associated with the
final assembly activities of a rolling stock
vehicle that advance the value or improve the
condition of the end product;
(B) does not include any temporary or
indirect activities or those hired via a third-
party contractor or subcontractor;
(C) are limited to metalworking, fabrication,
welding, electrical, engineering, and other
technical activities requiring training;
(D) are not otherwise associated with
activities required under section 661.11 of
title 49, Code of Federal Regulations; and
(E) includes only activities performed in the
United States and does not include that of
foreign nationals providing assistance at a
United States manufacturing facility.
(e) Certification of Domestic Supply and Disclosure.--
(1) Certification of domestic supply.--If the
Secretary denies an application for a waiver under
subsection (b)(2), 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 the manner described in subsection (c).
(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
division B 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 cost of all
components of the rolling stock, that reduces,
by more than half, the percentage of domestic
content above 70 percent.
(2) Certification of percentage.--
(A) In general.--The Secretary may, at the
request of a component or subcomponent
manufacturer, certify the percentage of
domestic content and place of manufacturing for
a component or subcomponent.
(B) Period of certification.--Any component
or subcomponent certified by the Secretary
shall remain certified until the manufacturer
makes a material change to the domestic content
or the place of manufacturing of such component
or subcomponent.
(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall 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 new commuter rail projects shall comply
with this section and shall not be subject to section 22905(a).
(p) Audits and Reporting of Waste, Fraud, and Abuse.--
(1) In general.--The Inspector General of the
Department of Transportation shall conduct an annual
audit on certifications under subsection (m) regarding
compliance with Buy America.
(2) Report fraud, waste, and abuse.--The Secretary
shall display a ``Report Fraud, Waste, and Abuse''
button and link to Department of 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.
(r) Rolling Stock Components and Subcomponents.--No bus
shell, railcar frame, or other component or subcomponent that
is primarily made of steel or iron shall be treated as produced
in the United States for purposes of subsection (b)(3) or
determined to be of domestic origin under section 661.11 of
title 49, Code of Federal Regulations, if the material inputs
of such component or subcomponent were imported into the United
States and the processes performed in the United States on the
imported articles would not result in a change in the article's
classification to chapter 86 or 87 of the Harmonized Tariff
Schedule of the United States from another chapter or a new
heading of any chapter from the heading under which the article
was classified upon entry.
(s) Treatment of Steel and Iron Components as Produced in the
United States.--Notwithstanding any other provision of any law
or any rule, regulation, or policy of the Federal Transit
Administration, steel and iron components of a system, as
defined in section 661.3 of title 49, Code of Federal
Regulations, and of manufactured end products referred to in
Appendix A of such section, may not be considered to be
produced in the United States unless such components meet the
requirements of section 661.5(b) of title 49, Code of Federal
Regulations.
(t) Requirement for Transit Agencies.--Notwithstanding the
provisions of this section, if a transit agency accepts Federal
funds, such agency shall adhere to the requirements of this
section in procuring rolling stock.
* * * * * * *
Sec. 5323. General provisions
(a) Interests in Property.--
(1) In general.--Financial assistance provided under
this chapter to a State or a local governmental
authority may be used to acquire an interest in, or to
buy property of, a private company engaged in public
transportation, for a capital project for property
acquired from a private company engaged in public
transportation after July 9, 1964, or to operate a
public transportation facility or equipment in
competition with, or in addition to, transportation
service provided by an existing public transportation
company, only if--
(A) the Secretary determines that such
financial assistance is essential to a program
of projects required under sections 5303, 5304,
and 5306;
(B) the Secretary determines that the program
provides for the participation of private
companies engaged in public transportation to
the maximum extent feasible; and
(C) just compensation under State or local
law will be paid to the company for its
franchise or property.
(2) Limitation.--A governmental authority may not use
financial assistance of the United States Government to
acquire land, equipment, or a facility used in public
transportation from another governmental authority in
the same geographic area.
(b) Relocation and Real Property Requirements.--The Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial
assistance for capital projects under this chapter.
(c) Consideration of Economic, Social, and Environmental
Interests.--
(1) Cooperation and consultation.--The Secretary
shall cooperate and consult with the Secretary of the
Interior and the Administrator of the Environmental
Protection Agency on each project that may have a
substantial impact on the environment.
(2) Compliance with nepa.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply
to financial assistance for capital projects under this
chapter.
(d) Condition on Charter Bus Transportation Service.--
(1) Agreements.--Financial assistance under this
chapter may be used to buy or operate a bus only if the
applicant, governmental authority, or publicly owned
operator that receives the assistance agrees that,
except as provided in the agreement, the governmental
authority or an operator of public transportation for
the governmental authority will not provide charter bus
transportation service outside the [urban area]
urbanized area in which it provides regularly scheduled
public transportation service. An agreement shall
provide for a fair arrangement the Secretary of
Transportation considers appropriate to ensure that the
assistance will not enable a governmental authority or
an operator for a governmental authority to foreclose a
private operator from providing intercity charter bus
service if the private operator can provide the
service.
(2) Violations.--
(A) Investigations.--On receiving a complaint
about a violation of the agreement required
under paragraph (1), the Secretary shall
investigate and decide whether a violation has
occurred.
(B) Enforcement of agreements.--If the
Secretary decides that a violation has
occurred, the Secretary shall correct the
violation under terms of the agreement.
(C) Additional remedies.--In addition to any
remedy specified in the agreement, the
Secretary shall bar a recipient or an operator
from receiving Federal transit assistance in an
amount the Secretary considers appropriate if
the Secretary finds a pattern of violations of
the agreement.
(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;
(iii) contracted by a local
government entity that provides local
cost share to the recipient; and
(iv) not contracted for the purposes
of a convention or on behalf of a
convention and visitors bureau.
(4) Guidelines.--The Secretary shall publish
guidelines for grant recipients and private bus
operators that clarify when and how a transit agency
may provide the service in the event a registered
charter provider does not contact the customer, provide
a quote, or provide the service.
(e) Bond Proceeds Eligible for Local Share.--
(1) Use as local matching funds.--Notwithstanding any
other provision of law, a recipient of assistance under
section 5307, 5309, or 5337 may use the proceeds from
the issuance of revenue bonds as part of the local
matching funds for a capital project.
(2) Maintenance of effort.--The Secretary shall
approve of the use of the proceeds from the issuance of
revenue bonds for the remainder of the net project cost
only if the Secretary finds that the aggregate amount
of financial support for public transportation in the
urbanized area provided by the State and affected local
governmental authorities during the next 3 fiscal
years, as programmed in the State transportation
improvement program under section 5304, is not less
than the aggregate amount provided by the State and
affected local governmental authorities in the
urbanized area during the preceding 3 fiscal years.
(3) Debt service reserve.--The Secretary may
reimburse an eligible recipient for deposits of bond
proceeds in a debt service reserve that the recipient
establishes pursuant to section 5302(3)(J) from amounts
made available to the recipient under section 5309.
(f) Schoolbus Transportation.--
(1) Agreements.--Financial assistance under this
chapter may be used for a capital project, or to
operate public transportation equipment or a public
transportation facility, only if the applicant agrees
not to provide schoolbus transportation that
exclusively transports students and school personnel in
competition with a private schoolbus operator. This
subsection does not apply--
(A) to an applicant that operates a school
system in the area to be served and a separate
and exclusive schoolbus program for the school
system; and
(B) unless a private schoolbus operator can
provide adequate transportation that complies
with applicable safety standards at reasonable
rates.
(2) Violations.--If the Secretary finds that an
applicant, governmental authority, or publicly owned
operator has violated the agreement required under
paragraph (1), the Secretary shall bar a recipient or
an operator from receiving Federal transit assistance
in an amount the Secretary considers appropriate.
(g) Buying Buses Under Other Laws.--Subsections (d) and (f)
of this section apply to financial assistance to buy a bus
under sections 133 and 142 of title 23.
(h) Grant and Loan Prohibitions.--A grant or loan may not be
used to--
(1) pay ordinary governmental or nonproject operating
expenses; or
[(2) pay incremental costs of incorporating art or
non-functional landscaping into facilities, including
the costs of an artist on the design team; or]
[(3)] (2) support a procurement that uses an
exclusionary or discriminatory specification.
(i) Government Share of Costs for Certain Projects.--
(1) Acquiring vehicles and vehicle-related equipment
or facilities.--
(A) Vehicles.--A grant for a project to be
assisted under this chapter that involves
acquiring vehicles for purposes of complying
with or maintaining compliance with the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) or the Clean Air Act is
for 85 percent of the net project cost.
(B) Vehicle-related equipment or
facilities.--A grant for a project to be
assisted under this chapter that involves
acquiring vehicle-related equipment or
facilities required by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) or vehicle-related equipment or
facilities (including clean fuel or alternative
fuel vehicle-related equipment or facilities)
for purposes of complying with or maintaining
compliance with the Clean Air Act, is for 90
percent of the net project cost of such
equipment or facilities attributable to
compliance with those Acts. The Secretary shall
have discretion to determine, through
practicable administrative procedures, the
costs of such equipment or facilities
attributable to compliance with those Acts.
(2) Costs incurred by providers of public
transportation by vanpool.--
(A) Local matching share.--The local matching
share provided by a recipient of assistance for
a capital project under this chapter may
include any amounts expended by a provider of
public transportation by vanpool for the
acquisition of rolling stock to be used by such
provider in the recipient's service area,
excluding any amounts the provider may have
received in Federal, State, or local government
assistance for such acquisition.
(B) Use of revenues.--A private provider of
public transportation by vanpool may use
revenues it receives in the provision of public
transportation service in the service area of a
recipient of assistance under this chapter that
are in excess of the provider's operating costs
for the purpose of acquiring rolling stock, if
the private provider enters into a legally
binding agreement with the recipient that
requires the provider to use the rolling stock
in the recipient's service area.
(C) Definitions.--In this paragraph, the
following definitions apply:
(i) Private provider of public
transportation by vanpool.--The term
``private provider of public
transportation by vanpool'' means a
private entity providing vanpool
services in the service area of a
recipient of assistance under this
chapter using a commuter highway
vehicle or vanpool vehicle.
(ii) Commuter highway vehicle;
vanpool vehicle.--The term ``commuter
highway vehicle or vanpool vehicle''
means any vehicle--
(I) the seating capacity of
which is at least 6 adults (not
including the driver); and
(II) at least 80 percent of
the mileage use of which can be
reasonably expected to be for
the purposes of transporting
commuters in connection with
travel between their residences
and their place of employment.
[(j) Buy America.--
[(1) 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.
[(2) Waiver.--The Secretary may waive paragraph (1)
of this subsection if the Secretary finds that--
[(A) applying paragraph (1) would be
inconsistent with the public interest;
[(B) 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;
[(C) when procuring rolling stock (including
train control, communication, traction power
equipment, and rolling stock prototypes) under
this chapter--
[(i) the cost of components and
subcomponents produced in the United
States--
[(I) for fiscal years 2016
and 2017, is more than 60
percent of the cost of all
components of the rolling
stock;
[(II) for fiscal years 2018
and 2019, is more than 65
percent of the cost of all
components of the rolling
stock; and
[(III) for fiscal year 2020
and each fiscal year
thereafter, is more than 70
percent of the cost of all
components of the rolling
stock; and
[(ii) final assembly of the rolling
stock has occurred in the United
States; or
[(D) including domestic material will
increase the cost of the overall project by
more than 25 percent.
[(3) Written waiver determination and annual
report.--
[(A) Written determination.--Before issuing a
waiver under paragraph (2), the Secretary
shall--
[(i) publish in the Federal Register
and make publicly available in an
easily identifiable location on the
website of the Department of
Transportation a detailed written
explanation of the waiver
determination; and
[(ii) provide the public with a
reasonable period of time for notice
and comment.
[(B) Annual report.--Not later than 1 year
after the date of enactment of the Federal
Public Transportation Act of 2012, and annually
thereafter, 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 (2) during the preceding
year.
[(4) Labor costs for final assembly.--In this
subsection, labor costs involved in final assembly are
not included in calculating the cost of components.
[(5) Rolling stock frames or car shells.--In carrying
out paragraph (2)(C) 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 steel or iron that is produced in the United States
and used in the rolling stock frames or car shells.
[(6) Certification of domestic supply and
disclosure.--
[(A) Certification of domestic supply.--If
the Secretary denies an application for a
waiver under paragraph (2), the Secretary shall
provide to the applicant a written
certification that--
[(i) the steel, iron, or manufactured
goods, as applicable, (referred to in
this subparagraph as the ``item'') is
produced in the United States in a
sufficient and reasonably available
amount;
[(ii) the item produced in the United
States is of a satisfactory quality;
and
[(iii) includes a list of known
manufacturers in the United States from
which the item can be obtained.
[(B) 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.
[(7) Waiver prohibited.--The Secretary may not make a
waiver under paragraph (2) of this subsection 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--
[(A) has an agreement with the United States
Government under which the Secretary has waived
the requirement of this subsection; and
[(B) has violated the agreement by
discriminating against goods to which this
subsection applies that are produced in the
United States and to which the agreement
applies.
[(8) 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 the Federal Public Transportation Act
of 2015 if a court or department, agency, or
instrumentality of the Government decides the person
intentionally--
[(A) 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 subsection applies but not produced
in the United States; or
[(B) represented that goods described in
subparagraph (A) of this paragraph were
produced in the United States.
[(9) 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.
[(10) 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.
[(11) 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.
[(12) Steel and iron.--For purposes of this
subsection, 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.
[(13) Definition of small purchase.--For purposes of
determining whether a purchase qualifies for a general
public interest waiver under paragraph (2)(A) of this
subsection, including under any regulation promulgated
under that paragraph, the term ``small purchase'' means
a purchase of not more than $150,000.]
(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.
(k) Participation of Governmental Agencies in Design and
Delivery of Transportation Services.--Governmental agencies and
nonprofit organizations that receive assistance from Government
sources (other than the Department of Transportation) for
nonemergency transportation services shall--
(1) participate and coordinate with recipients of
assistance under this chapter in the design and
delivery of transportation services; and
(2) be included in the planning for those services.
(l) Relationship to Other Laws.--
(1) Fraud and false statements.--Section 1001 of
title 18 applies to a certificate, submission, or
statement provided under this chapter. The Secretary
may terminate financial assistance under this chapter
and seek reimbursement directly, or by offsetting
amounts, available under this chapter if the Secretary
determines that a recipient of such financial
assistance has made a false or fraudulent statement or
related act in connection with a Federal public
transportation program.
(2) Political activities of nonsupervisory
employees.--The provision of assistance under this
chapter shall not be construed to require the
application of chapter 15 of title 5 to any
nonsupervisory employee of a public transportation
system (or any other agency or entity performing
related functions) to whom such chapter does not
otherwise apply.
[(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
Government motor vehicle safety requirements, subsection (j) of
this section, and bid specifications requirements of grant
recipients under this chapter. Under this subsection,
independent inspections and review are required, and a
manufacturer certification is not sufficient. Rolling stock
procurements of 20 vehicles or fewer made for the purpose of
serving rural areas and urbanized areas with populations of
200,000 or fewer shall be subject to the same requirements as
established for procurements of 10 or fewer buses under the
post-delivery purchaser's requirements certification process
under section 663.37(c) of title 49, Code of Federal
Regulations.]
(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.
(n) Submission of Certifications.--A certification required
under this chapter and any additional certification or
assurance required by law or regulation to be submitted to the
Secretary may be consolidated into a single document to be
submitted annually as part of a grant application under this
chapter. The Secretary shall publish annually a list of all
certifications required under this chapter with the publication
required under section 5336(d)(2).
(o) Grant Requirements.--The grant requirements under
sections 5307, 5309, and 5337 apply to any project under this
chapter that receives any assistance or other financing under
chapter 6 (other than section 609) of title 23.
(p) Alternative Fueling Facilities.--A recipient of
assistance under this chapter may allow the incidental use of
federally funded alternative fueling facilities and equipment
by nontransit public entities and private entities if--
(1) the incidental use does not interfere with the
recipient's public transportation operations;
(2) all costs related to the incidental use are fully
recaptured by the recipient from the nontransit public
entity or private entity;
(3) the recipient uses revenues received from the
incidental use in excess of costs for planning,
capital, and operating expenses that are incurred in
providing public transportation; and
(4) private entities pay all applicable excise taxes
on fuel.
(q) Corridor Preservation.--
(1) In general.--The Secretary may assist a recipient
in acquiring right-of-way before the completion of the
environmental reviews for any project that may use the
right-of-way if the acquisition is otherwise permitted
under Federal law.
(2) Environmental reviews.--Right-of-way acquired
under this subsection may not be developed in
anticipation of the project until all required
environmental reviews for the project have been
completed.
[(r) Reasonable Access to Public Transportation Facilities.--
A recipient of assistance under this chapter may not deny
reasonable access for a private intercity or charter
transportation operator to federally funded public
transportation facilities, including intermodal facilities,
park and ride lots, and bus-only highway lanes. In determining
reasonable access, capacity requirements of the recipient of
assistance and the extent to which access would be detrimental
to existing public transportation services must be considered.]
(r) Reasonable Access to Public Transportation Facilities.--
(1) In general.--A recipient of assistance under this
chapter--
(A) may not deny reasonable access for a
private intercity or charter transportation
operator to federally funded public
transportation facilities, including intermodal
facilities, park and ride lots, and bus-only
highway lanes; and
(B) shall respond to any request for
reasonable access within 75 days of the receipt
of the request and, if a recipient of
assistance under this chapter denies access to
a private intercity or charter transportation
operator based on the reasonable access
standards, provide, in writing, the reasons for
the denial.
(2) Determining reasonable access.--In determining
reasonable access under paragraph (1)(A), capacity
requirements of the recipient of assistance and the
extent to which access would be detrimental or
beneficial to existing public transportation services
must be considered and demographic makeup of the riders
of a private intercity or charter transportation
operator may not be cited as a detriment to the
provision of access.
(3) Notification.--If a private intercity or charter
transportation operator requesting access under this
subsection is denied such access by a recipient of
assistance under this chapter or does not receive a
written response within 75 days of submitting the
request, such operator may notify the Secretary for
purposes of inclusion in the report under paragraph
(4).
(4) Report to congress.--The Secretary shall annually
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report listing each instance reported under
paragraph (3) in which--
(A) a private intercity or charter
transportation operator requested reasonable
access and was denied, and the reasons provided
by the recipient of assistance under this
chapter for the denial; and
(B) a recipient of assistance under this
chapter did not respond to a request for
reasonable access within 75 days.
(s) Value Capture Revenue Eligible for Local Share.--
Notwithstanding any other provision of law, a recipient of
assistance under this chapter may use the revenue generated
from value capture financing mechanisms as local matching funds
for capital projects and operating costs eligible under this
chapter.
(t) Special Condition on Charter Bus Transportation
Service.--If, in a fiscal year, the Secretary is prohibited by
law from enforcing regulations related to charter bus service
under part 604 of title 49, Code of Federal Regulations, for
any transit agency that during fiscal year 2008 was both
initially granted a 60-day period to come into compliance with
such part 604, and then was subsequently granted an exception
from such part--
(1) the transit agency shall be precluded from
receiving its allocation of urbanized area formula
grant funds for such fiscal year; and
(2) any amounts withheld pursuant to paragraph (1)
shall be added to the amount that the Secretary may
apportion under section 5336 in the following fiscal
year.
(u) Limitation on Certain Rolling Stock Procurements.--
(1) In general.--Except as provided in paragraph (5),
financial assistance made available under this chapter
shall not be used in awarding a contract or subcontract
to an entity on or after the date of enactment of this
subsection for the procurement of rolling stock for use
in public transportation if the manufacturer of the
rolling stock--
(A) is incorporated in or has manufacturing
facilities in the United States; and
(B) is owned or controlled by, is a
subsidiary of, or is otherwise related legally
or financially to a corporation based in a
country that--
(i) is identified as a nonmarket
economy country (as defined in section
771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of
enactment of this subsection;
(ii) was identified by the United
States Trade Representative in the most
recent report required by section 182
of the Trade Act of 1974 (19 U.S.C.
2242) as a foreign country included on
the priority watch list defined in
subsection (g)(3) of that section; and
(iii) is subject to monitoring by the
Trade Representative under section 306
of the Trade Act of 1974 (19 U.S.C.
2416).
(2) Exception.--For purposes of paragraph (1), the
term ``otherwise related legally or financially'' does
not include a minority relationship or investment.
(3) International agreements.--This subsection shall
be applied in a manner consistent with the obligations
of the United States under international agreements.
(4) Certification for [rail] rolling stock.--
(A) In general.--Except as provided in
paragraph (5), as a condition of financial
assistance made available in a fiscal year
under section 5337, a recipient that operates
rail fixed guideway service shall certify in
that fiscal year that the recipient will not
award any contract or subcontract for the
procurement of rail rolling stock for use in
public transportation with a rail rolling stock
manufacturer described in paragraph (1).
(B) Separate certification.--The
certification required under this paragraph
shall be in addition to any certification the
Secretary establishes to ensure compliance with
the requirements of paragraph (1).
(C) Nonrail rolling stock.--Notwithstanding
subparagraph (B) of paragraph (5), as a
condition of financial assistance made
available in a fiscal year under section 5339,
a recipient shall certify in that fiscal year
that the recipient will not award any contract
or subcontract for the procurement of rolling
stock for use in public transportation with a
rolling stock manufacturer described in
paragraph (1).
(5) Special rules.--
(A) Parties to executed contracts.--This
subsection, including the certification
requirement under paragraph (4), shall not
apply to the award of any contract or
subcontract [made by a public transportation
agency with a rail rolling stock manufacturer
described in paragraph (1) if the manufacturer
and the public transportation agency have
executed a contract for rail rolling stock
before the date of enactment of this
subsection.] as of December 20, 2019, including
options and other requirements tied to these
contracts or subcontracts, made by a public
transportation agency with a restricted rail
rolling stock manufacturer.
(B) Rolling stock.--Except as provided in
subparagraph (C) and for a contract or
subcontract that is not described in
subparagraph (A), this subsection, including
the certification requirement under paragraph
(4), shall not apply to the award of a contract
or subcontract made by a public transportation
agency with any rolling stock manufacturer for
the 2-year period beginning on or after the
date of enactment of this subsection.
(C) Exception.--Subparagraph (B) shall not
apply to the award of a contract or subcontract
made by the Washington Metropolitan Area
Transit Authority.
(v) Cybersecurity Certification for Rail Rolling Stock and
Operations.--
(1) Certification.--As a condition of financial
assistance made available under this chapter, a
recipient that operates a rail fixed guideway public
transportation system shall certify that the recipient
has established a process to develop, maintain, and
execute a written plan for identifying and reducing
cybersecurity risks.
(2) Compliance.--For the process required under
paragraph (1), a recipient of assistance under this
chapter shall--
(A) utilize the approach described by the
voluntary standards and best practices
developed under section 2(c)(15) of the
National Institute of Standards and Technology
Act (15 U.S.C. 272(c)(15)), as applicable;
(B) identify hardware and software that the
recipient determines should undergo third-party
testing and analysis to mitigate cybersecurity
risks, such as hardware or software for rail
rolling stock under proposed procurements; and
(C) utilize the approach described in any
voluntary standards and best practices for rail
fixed guideway public transportation systems
developed under the authority of the Secretary
of Homeland Security, as applicable.
(3) Limitations on statutory construction.--Nothing
in this subsection shall be construed to interfere with
the authority of--
(A) the Secretary of Homeland Security to
publish or ensure compliance with requirements
or standards concerning cybersecurity for rail
fixed guideway public transportation systems;
or
(B) the Secretary of Transportation under
section 5329 to address cybersecurity issues as
those issues relate to the safety of rail fixed
guideway public transportation systems.
(x) 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.
(y) Urbanized Areas Following a Major Disaster.--
(1) Defined term.--In this subsection, the term
``decennial census date'' has the meaning given the
term in section 141(a) of title 13.
(2) Urbanized area major disaster population
criteria.--Notwithstanding section 5302, for purposes
of this chapter, the Secretary shall treat an area as
an urbanized area for the period described in paragraph
(3) if--
(A) a major disaster was declared by the
President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) for the area
during the 3-year period preceding the
decennial census date for the 2010 decennial
census or for any subsequent decennial census;
(B) the area was defined and designated as an
``urbanized area'' by the Secretary of Commerce
in the decennial census immediately preceding
the major disaster described in subparagraph
(A); and
(C) the population of the area fell below
50,000 as a result of the major disaster
described in subparagraph (A).
(3) Covered period.--The Secretary shall treat an
area as an urbanized area under paragraph (2) during
the period--
(A) beginning on--
(i) in the case of a major disaster
described in paragraph (2)(A) that
occurred during the 3-year period
preceding the decennial census date for
the 2010 decennial census, October 1 of
the first fiscal year that begins after
the date of enactment of this
subsection; or
(ii) in the case of any other major
disaster described in paragraph (2)(A),
October 1 of the first fiscal year--
(I) that begins after the
decennial census date for the
first decennial census
conducted after the major
disaster; and
(II) for which the Secretary
has sufficient data from that
census to determine that the
area qualifies for treatment as
an urbanized area under
paragraph (2); and
(B) ending on the day before the first fiscal
year--
(i) that begins after the decennial
census date for the second decennial
census conducted after the major
disaster described in paragraph (2)(A);
and
(ii) for which the Secretary has
sufficient data from that census to
determine which areas are urbanized
areas for purposes of this chapter.
(4) Population calculation.--An area treated as an
urbanized area under this subsection shall be assigned
the population and square miles of the urbanized area
designated by the Secretary of Commerce in the most
recent decennial census conducted before the major
disaster described in paragraph (2)(A).
(5) Savings provision.--Nothing in this subsection
may be construed to affect apportionments made under
this chapter before the date of enactment of this
subsection.
(z) Spare Ratio Waiver.--The Federal Transit Administration
shall waive spare ratio policies for rolling stock found in FTA
Grant Management Requirements Circular 5010.1, FTA Circular
9030.1 providing Urbanized Area Formula Program guidance, and
other guidance documents for 2 years from the date of enactment
of the INVEST in America Act.
Sec. 5324. Public transportation emergency relief program
(a) Definition.--In this section the following definitions
shall apply:
(1) Eligible operating costs.--The term ``eligible
operating costs'' means costs relating to--
(A) evacuation services;
(B) rescue operations;
(C) temporary public transportation service;
or
(D) reestablishing, expanding, or relocating
public transportation route service before,
during, or after an emergency.
(2) Emergency.--The term ``emergency'' means a
natural disaster affecting a wide area (such as a
flood, hurricane, tidal wave, earthquake, severe storm,
or landslide) or a catastrophic failure from any
external cause, as a result of which--
(A) the Governor of a State has declared an
emergency and the Secretary has concurred; or
(B) the President has declared a major
disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
(b) General Authority.--The Secretary may make grants and
enter into contracts and other agreements (including agreements
with departments, agencies, and instrumentalities of the
Government) for--
(1) capital projects to protect, repair, reconstruct,
or replace equipment and facilities of a public
transportation system operating in the United States or
on an Indian reservation that the Secretary determines
is in danger of suffering serious damage, or has
suffered serious damage, as a result of an emergency;
and
(2) eligible operating costs of public transportation
equipment and facilities in an area directly affected
by an emergency during--
(A) the 1-year period beginning on the date
of a declaration described in subsection
(a)(2); or
(B) if the Secretary determines there is a
compelling need, the 2-year period beginning on
the date of a declaration described in
subsection (a)(2).
(c) Coordination of Emergency Funds.--
(1) Use of funds.--Funds appropriated to carry out
this section shall be in addition to any other funds
available under this chapter.
(2) No effect on other government activity.--The
provision of funds under this section shall not affect
the ability of any other agency of the Government,
including the Federal Emergency Management Agency, or a
State agency, a local governmental entity,
organization, or person, to provide any other funds
otherwise authorized by law.
(3) Notification.--The Secretary shall notify the
Secretary of Homeland Security of the purpose and
amount of any grant made or contract or other agreement
entered into under this section.
(d) Grant Requirements.--A grant awarded under this section
or under section 5307 or 5311 that is made to address an
emergency defined under subsection (a)(2) shall be--
(1) subject to the terms and conditions the Secretary
determines are necessary; and
(2) made only for expenses that are not reimbursed
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(e) Government Share of Costs.--
(1) Capital projects and operating assistance.--A
grant, contract, or other agreement for a capital
project or eligible operating costs under this section
shall be, at the option of the recipient, for not more
than 80 percent of the net project cost, as determined
by the Secretary.
(2) Non-federal share.--The remainder of the net
project cost may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, or new capital.
(3) Waiver.--The Secretary may waive, in whole or
part, the non-Federal share required under--
(A) paragraph (2); or
(B) section 5307 or 5311, in the case of a
grant made available under section 5307 or
5311, respectively, to address an emergency.
(f) Imposition of Deadline.--
(1) In general.--Notwithstanding any other provision
of law, the Secretary may not require any project
funded pursuant to this section to advance to the
construction obligation stage before the date that is
the last day of the sixth fiscal year after the later
of--
(A) the date on which the Governor declared
the emergency, as described in subsection
(a)(2); or
(B) the date on which the President declared
a major disaster, as described in such
subsection.
(2) Extension of deadline.--If the Secretary imposes
a deadline for advancement to the construction
obligation stage pursuant to paragraph (1), the
Secretary may, upon the request of the Governor of the
State, issue an extension of not more than 1 year to
complete such advancement, and may issue additional
extensions after the expiration of any extension, if
the Secretary determines the Governor of the State has
provided suitable justification to warrant an
extension.
* * * * * * *
Sec. 5327. Project management oversight
(a) Project Management Plan Requirements.--To receive Federal
financial assistance for a major capital project for public
transportation under this chapter or any other provision of
Federal law, a recipient must prepare a project management plan
approved by the Secretary and carry out the project in
accordance with the project management plan. The plan shall
provide for--
(1) adequate recipient staff organization with well-
defined reporting relationships, statements of
functional responsibilities, job descriptions, and job
qualifications;
(2) a budget covering the project management
organization, appropriate consultants, property
acquisition, utility relocation, systems demonstration
staff, audits, and miscellaneous payments the recipient
may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping
system;
(5) a change order procedure that includes a
documented, systematic approach to the handling of
construction change orders;
(6) organizational structures, management skills, and
staffing levels required throughout the construction
phase;
(7) quality control and quality assurance functions,
procedures, and responsibilities for construction,
system installation, and integration of system
components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting
requirements;
(10) criteria and procedures to be used for testing
the operational system or its major components;
(11) periodic updates of the plan, especially related
to project budget and project schedule, financing,
ridership estimates, and the status of local efforts to
enhance ridership where ridership estimates partly
depend on the success of those efforts;
(12) the recipient's commitment to submit a project
budget and project schedule to the Secretary quarterly;
and
(13) safety and security management.
(b) Plan Approval.--(1) The Secretary shall approve a plan
not later than 60 days after it is submitted. If the approval
cannot be completed within 60 days, the Secretary shall notify
the recipient, explain the reasons for the delay, and estimate
the additional time that will be required.
(2) The Secretary shall inform the recipient of the reasons
when a plan is disapproved.
(c) Access to Sites and Records.--Each recipient of Federal
financial assistance for public transportation under this
chapter or any other provision of Federal law shall provide the
Secretary and a contractor the Secretary chooses under section
[5338(f)] 5338(d) with access to the construction sites and
records of the recipient when reasonably necessary.
(d) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section. The regulations shall
include--
(1) a definition of ``major capital project'' for
section [5338(f)] 5338(d) that excludes a project to
acquire rolling stock or to maintain or rehabilitate a
vehicle;
(2) a requirement that oversight--
(A) begin during the project development
phase of a project, unless the Secretary finds
it more appropriate to begin the oversight
during another phase of the project, to
maximize the transportation benefits and cost
savings associated with project management
oversight; and
(B) be limited to quarterly reviews of
compliance by the recipient with the project
management plan approved under subsection (b)
unless the Secretary finds that the recipient
requires more frequent oversight because the
recipient has failed to meet the requirements
of such plan and the project may be at risk of
going over budget or becoming behind schedule;
and
(3) a process for recipients that the Secretary has
found require more frequent oversight to return to
quarterly reviews for purposes of paragraph (2)(B).
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, local governmental
authority, or metropolitan planning organization to
assist in financing comprehensive planning associated
with an eligible project that seeks to--
(A) enhance economic development, ridership,
equity, reduction of greenhouse gas emissions,
or 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, local governmental
authority, or metropolitan planning organization 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
advance equity and reduce and mitigate social
and economic impacts on existing residents and
businesses and communities historically
excluded from economic opportunities 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 States, local governmental authorities,
and metropolitan planning organizations 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) Value Capture Policy Requirements.--
(1) Value capture policy.--Not later than October 1
of the fiscal year that begins 2 years after the date
of enactment of this section, the Secretary, in
collaboration with State departments of transportation,
metropolitan planning organizations, and regional
council of governments, shall establish voluntary and
consensus-based value capture standards, policies, and
best practices for State and local value capture
mechanisms that promote greater investments in public
transportation and affordable transit-oriented
development.
(2) Report.--Not later than 15 months after the date
of enactment of this section, the Secretary shall make
available to the public a report cataloging examples of
State and local laws and policies that provide for
value capture and value sharing that promote greater
investment in public transportation and affordable
transit-oriented development.
(e) 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;
(5) fostering economic development opportunities for
existing residents and businesses; and
(6) targeting affordable housing that help lessen
homelessness.
(f) 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.
(g) 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.
(h) Reporting.--Not later than February 1 of each year
beginning the year after the date of enactment of this section,
the Secretary shall prepare a report detailing the grants and
technical assistance provided under this section, the number of
affordable housing units constructed or planned as a result of
projects funded in this section, and the number of affordable
housing units constructed or planned as a result of a property
transfer under section 5334(h)(1). The report shall be provided
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
(i) Savings Clause.--Nothing in this section authorizes the
Secretary to provide any financial assistance for the
construction of housing.
(j) Priority for Low-Income Areas.--In awarding grants under
this section, the Secretary shall give priority to projects
under this section that expand or build transit in low-income
areas or that provide access to public transportation to low-
income areas that do not have access to public transportation.
Sec. 5329. Public transportation safety program
(a) Definition.--In this section, the term ``recipient''
means a State or local governmental authority, or any other
operator of a public transportation system, that receives
financial assistance under this chapter.
(b) National Public Transportation Safety Plan.--
(1) In general.--The Secretary shall create and
implement a national public transportation safety plan
to improve the safety of all public transportation
systems that receive funding under this chapter.
(2) Contents of plan.--The national public
transportation safety plan under paragraph (1) shall
include--
(A) safety performance criteria for all modes
of public transportation;
(B) the definition of the term ``state of
good repair'' established under section
5326(b);
(C) minimum safety performance standards for
public transportation vehicles used in revenue
operations that--
(i) do not apply to rolling stock
otherwise regulated by the Secretary or
any other Federal agency; and
(ii) to the extent practicable, take
into consideration--
(I) relevant recommendations
of the National Transportation
Safety Board; [and]
(II) recommendations of, and
best practices standards
developed by, the public
transportation industry[;]; and
(III) innovations in driver
assistance technologies and
driver protection
infrastructure where
appropriate, and a reduction in
visibility impairments that
contribute to pedestrian
fatalities;
(D) in consultation with the Secretary of the
Department of Health and Human Services,
precautionary and reactive actions required to
ensure public and personnel safety and health
during an emergency as defined in section 5324;
[(D)] (E) minimum safety standards to ensure
the safe operation of public transportation
systems that--
(i) are not related to performance
standards for public transportation
vehicles developed under subparagraph
(C); and
(ii) to the extent practicable, take
into consideration--
(I) relevant recommendations
of the National Transportation
Safety Board;
(II) best practices standards
developed by the public
transportation industry;
(III) any minimum safety
standards or performance
criteria being implemented
across the public
transportation industry;
(IV) relevant recommendations
from the report under section
3020 of the Federal Public
Transportation Act of 2015; and
(V) any additional
information that the Secretary
determines necessary and
appropriate; and
[(E)] (F) a public transportation safety
certification training program, as described in
subsection (c).
(c) Public Transportation Safety Certification Training
Program.--
(1) In general.--The Secretary shall establish a
public transportation safety certification training
program for Federal and State employees, or other
designated personnel, who conduct safety audits and
examinations of public transportation systems and
employees of public transportation agencies directly
responsible for safety oversight.
(2) Interim provisions.--Not later than 90 days after
the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall
establish interim provisions for the certification and
training of the personnel described in paragraph (1),
which shall be in effect until the effective date of
the final rule issued by the Secretary to implement
this subsection.
(d) Public Transportation Agency Safety Plan.--
(1) In general.--Effective 1 year after the effective
date of a final rule issued by the Secretary to carry
out this subsection, each recipient or State, as
described in paragraph (3), shall certify that the
recipient or State has established a comprehensive
agency safety plan that includes, at a minimum--
(A) a requirement that the safety committee
established under paragraph (4), and
subsequently, the board of directors (or
equivalent entity) of the recipient approve the
agency safety plan and any updates to the
agency safety plan;
(B) methods for identifying and evaluating
safety risks throughout all elements of the
public transportation system of the recipient;
(C) strategies to minimize the exposure of
the [public, personnel, and property] public
and personnel to injuries, assaults,
fatalities, and, consistent with guidelines by
the Centers for Disease Control and Prevention,
infectious diseases, and strategies to minimize
the exposure of property to hazards and unsafe
conditions;
(D) a process and timeline for conducting an
annual review and update of the safety plan of
the recipient;
(E) performance targets based on the safety
performance criteria and state of good repair
standards established under subparagraphs (A)
and (B), respectively, of subsection (b)(2);
(F) assignment of an adequately trained
safety officer who reports directly to the
general manager, president, or equivalent
officer of the recipient; [and]
[(G) a comprehensive staff training program
for the operations personnel and personnel
directly responsible for safety of the
recipient that includes--
[(i) the completion of a safety
training program; and
[(ii) continuing safety education and
training.]
(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;
(H) a requirement that the safety committee
only approve a safety plan under subparagraph
(A) if such plan stays within such recipient's
fiscal budget; and
(I) a risk reduction program for transit
operations to improve safety by reducing the
number and rates of accidents, injuries, and
assaults on transit workers using data
submitted to the National Transit Database,
including--
(i) a reduction of vehicular and
pedestrian accidents involving buses
that includes measures to reduce
visibility impairments for bus
operators that contribute to accidents,
including retrofits to buses in revenue
service and specifications for future
procurements that reduce visibility
impairments; and
(ii) transit worker assault
mitigation, including 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 when a
recipient's risk analysis performed by
the safety committee established in
paragraph (4) determines that such
barriers or other measures would reduce
assaults on and injuries to transit
workers.
[(2) Interim agency safety plan.--A system safety
plan developed pursuant to part 659 of title 49, Code
of Federal Regulations, as in effect on the date of
enactment of the Federal Public Transportation Act of
2012, shall remain in effect until such time as this
subsection takes effect.]
(2) Safety committee performance measures.--
(A) In general.--The safety committee
described in paragraph (4) shall establish
performance measures for the risk reduction
program in paragraph (1)(I) using a 3-year
rolling average of the data submitted by the
recipient to the National Transit Database.
(B) Safety set aside.--With respect to a
recipient serving an urbanized area that
receives funds under section 5307, such
recipient shall allocate not less than 0.75
percent of such funds to projects eligible
under section 5307.
(C) Failure to meet performance measures.--
Any recipient that receives funds under section
5307 that does not meet the performance
measures established in subparagraph (A) shall
allocate the amount made available in
subparagraph (B) in the following fiscal year
to projects described in subparagraph (D).
(D) Eligible projects.--Funds set aside under
this paragraph shall be used for projects that
are reasonably likely to meet the performance
measures established in subparagraph (A),
including modifications to rolling stock and
de-escalation training.
(3) Public transportation agency safety plan drafting
and certification.--
(A) Section 5311.--For a recipient receiving
assistance under section 5311, a State safety
plan may be drafted and certified by the
recipient or a State.
(B) Section 5307.--Not later than 120 days
after the date of enactment of the Federal
Public Transportation Act of 2012, the
Secretary shall issue a rule designating
recipients of assistance under section 5307
that are small public transportation providers
or systems that may have their State safety
plans drafted or certified by a State.
(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 or if applicable a
contractor to the recipient; and
(B) employer or State representatives.
(e) State Safety Oversight Program.--
(1) Applicability.--This subsection applies only to
eligible States.
(2) Definition.--In this subsection, the term
``eligible State'' means a State that has--
(A) a rail fixed guideway public
transportation system within the jurisdiction
of the State that is not subject to regulation
by the Federal Railroad Administration; or
(B) a rail fixed guideway public
transportation system in the engineering or
construction phase of development within the
jurisdiction of the State that will not be
subject to regulation by the Federal Railroad
Administration.
(3) In general.--In order to obligate funds
apportioned under section 5338 to carry out this
chapter, effective 3 years after the date on which a
final rule under this subsection becomes effective, an
eligible State shall have in effect a State safety
oversight program approved by the Secretary under which
the State--
(A) assumes responsibility for overseeing
rail fixed guideway public transportation
safety;
(B) adopts and enforces Federal and relevant
State laws on rail fixed guideway public
transportation safety;
(C) establishes a State safety oversight
agency;
(D) determines, in consultation with the
Secretary, an appropriate staffing level for
the State safety oversight agency that is
commensurate with the number, size, and
complexity of the rail fixed guideway public
transportation systems in the eligible State;
(E) requires that employees and other
designated personnel of the eligible State
safety oversight agency who are responsible for
rail fixed guideway public transportation
safety oversight are qualified to perform such
functions through appropriate training,
including successful completion of the public
transportation safety certification training
program established under subsection (c); and
(F) prohibits any public transportation
agency from providing funds to the State safety
oversight agency or an entity designated by the
eligible State as the State safety oversight
agency under paragraph (4).
(4) State safety oversight agency.--
(A) In general.--Each State safety oversight
program shall establish a State safety
oversight agency that--
(i) is financially and legally
independent from any public
transportation entity that the State
safety oversight agency oversees;
(ii) does not directly provide public
transportation services in an area with
a rail fixed guideway public
transportation system subject to the
requirements of this section;
(iii) does not employ any individual
who is also responsible for the
administration of rail fixed guideway
public transportation programs subject
to the requirements of this section;
(iv) has the authority to review,
approve, oversee, and enforce the
implementation by the rail fixed
guideway public transportation agency
of the public transportation agency
safety plan required under subsection
(d);
(v) has investigative, inspection,
and enforcement authority with respect
to the safety of rail fixed guideway
public transportation systems of the
eligible State;
(vi) audits, at least once
triennially, the compliance of the rail
fixed guideway public transportation
systems in the eligible State subject
to this subsection with the public
transportation agency safety plan
required under subsection (d); and
(vii) provides, at least once
annually, a status report on the safety
of the rail fixed guideway public
transportation systems the State safety
oversight agency oversees to--
(I) the Federal Transit
Administration;
(II) the Governor of the
eligible State; and
(III) the board of directors,
or equivalent entity, of any
rail fixed guideway public
transportation system that the
State safety oversight agency
oversees.
(B) Waiver.--At the request of an eligible
State, the Secretary may waive clauses (i) and
(iii) of subparagraph (A) for eligible States
with 1 or more rail fixed guideway systems in
revenue operations, design, or construction,
that--
(i) have fewer than 1,000,000
combined actual and projected rail
fixed guideway revenue miles per year;
or
(ii) provide fewer than 10,000,000
combined actual and projected unlinked
passenger trips per year.
(5) Programs for multi-state rail fixed guideway
public transportation systems.--An eligible State that
has within the jurisdiction of the eligible State a
rail fixed guideway public transportation system that
operates in more than 1 eligible State shall--
(A) jointly with all other eligible States in
which the rail fixed guideway public
transportation system operates, ensure uniform
safety standards and enforcement procedures
that shall be in compliance with this section,
and establish and implement a State safety
oversight program approved by the Secretary; or
(B) jointly with all other eligible States in
which the rail fixed guideway public
transportation system operates, designate an
entity having characteristics consistent with
the characteristics described in paragraph (3)
to carry out the State safety oversight program
approved by the Secretary.
(6) Grants.--
(A) In general.--The Secretary shall make
grants to eligible States to develop or carry
out State safety oversight programs under this
subsection. Grant funds may be used for program
operational and administrative expenses,
including employee training activities.
(B) Apportionment.--
(i) Formula.--The amount made
available for State safety oversight
under section 5336(h) shall be
apportioned among eligible States under
a formula to be established by the
Secretary. Such formula shall take into
account fixed guideway vehicle revenue
miles, fixed guideway route miles, and
fixed guideway vehicle passenger miles
attributable to all rail fixed guideway
systems not subject to regulation by
the Federal Railroad Administration
within each eligible State.
(ii) Administrative requirements.--
Grant funds apportioned to States under
this paragraph shall be subject to
uniform administrative requirements for
grants and cooperative agreements to
State and local governments under part
18 of title 49, Code of Federal
Regulations, and shall be subject to
the requirements of this chapter as the
Secretary determines appropriate.
(C) Government share.--
(i) In general.--The Government share
of the reasonable cost of a State
safety oversight program developed or
carried out using a grant under this
paragraph shall be 80 percent.
(ii) In-kind contributions.--Any
calculation of the non-Government share
of a State safety oversight program
shall include in-kind contributions by
an eligible State.
(iii) Non-government share.--The non-
Government share of the cost of a State
safety oversight program developed or
carried out using a grant under this
paragraph may not be met by--
(I) any Federal funds;
(II) any funds received from
a public transportation agency;
or
(III) any revenues earned by
a public transportation agency.
(iv) Safety training program.--
Recipients of funds made available to
carry out sections 5307 and 5311 may
use not more than 0.5 percent of their
formula funds to pay not more than 80
percent of the cost of participation in
the public transportation safety
certification training program
established under subsection (c), by an
employee of a State safety oversight
agency or a recipient who is directly
responsible for safety oversight.
(7) Certification process.--
(A) In general.--Not later than 1 year after
the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall
determine whether or not each State safety
oversight program meets the requirements of
this subsection and the State safety oversight
program is adequate to promote the purposes of
this section.
(B) Issuance of certifications and denials.--
The Secretary shall issue a certification to
each eligible State that the Secretary
determines under subparagraph (A) adequately
meets the requirements of this subsection, and
shall issue a denial of certification to each
eligible State that the Secretary determines
under subparagraph (A) does not adequately meet
the requirements of this subsection.
(C) Disapproval.--If the Secretary determines
that a State safety oversight program does not
meet the requirements of this subsection and
denies certification, the Secretary shall
transmit to the eligible State a written
explanation and allow the eligible State to
modify and resubmit the State safety oversight
program for approval.
(D) Failure to correct.--If the Secretary
determines that a modification by an eligible
State of the State safety oversight program is
not sufficient to certify the program, the
Secretary--
(i) shall notify the Governor of the
eligible State of such denial of
certification and failure to adequately
modify the program, and shall request
that the Governor take all possible
actions to correct deficiencies in the
program to ensure the certification of
the program; and
(ii) may--
(I) withhold funds available
under paragraph (6) in an
amount determined by the
Secretary;
(II) withhold not more than 5
percent of the amount required
to be appropriated for use in a
State or urbanized area in the
State under section 5307 of
this title, until the State
safety oversight program has
been certified; or
(III) require fixed guideway
public transportation systems
under such State safety
oversight program to provide up
to 100 percent of Federal
assistance made available under
this chapter only for safety-
related improvements on such
systems, until the State safety
oversight program has been
certified.
(8) Federal safety management.--
(A) In general.--If the Secretary determines
that a State safety oversight program is not
being carried out in accordance with this
section, has become inadequate to ensure the
enforcement of Federal safety regulation, or is
incapable of providing adequate safety
oversight consistent with the prevention of
substantial risk of death, or personal injury,
the Secretary shall administer the State safety
oversight program until the eligible State
develops a State safety oversight program
certified by the Secretary in accordance with
this subsection.
(B) Temporary federal oversight.--In making a
determination under subparagraph (A), the
Secretary shall--
(i) transmit to the eligible State
and affected recipient or recipients, a
written explanation of the
determination or subsequent finding,
including any intention to withhold
funding under this section, the amount
of funds proposed to be withheld, and
if applicable, a formal notice of a
withdrawal of State safety oversight
program approval; and
(ii) require the State to submit a
State safety oversight program or
modification for certification by the
Secretary that meets the requirements
of this subsection.
(C) Failure to correct.--If the Secretary
determines in accordance with subparagraph (A),
that a State safety oversight program or
modification required pursuant to subparagraph
(B)(ii), submitted by a State is not
sufficient, the Secretary may--
(i) withhold funds available under
paragraph (6) in an amount determined
by the Secretary;
(ii) beginning 1 year after the date
of the determination, withhold not more
than 5 percent of the amount required
to be appropriated for use in a State
or an urbanized area in the State under
section 5307, until the State safety
oversight program or modification has
been certified; and
(iii) use any other authorities
authorized under this chapter
considered necessary and appropriate.
(D) Administrative and oversight
activities.--To carry out administrative and
oversight activities authorized by this
paragraph, the Secretary may use grant funds
apportioned to an eligible State, under
paragraph (6), to develop or carry out a State
safety oversight program.
(9) Evaluation of program and annual report.--The
Secretary shall continually evaluate the implementation
of a State safety oversight program by a State safety
oversight agency, and shall submit on or before July 1
of each year 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 on--
(A) the amount of funds apportioned to each
eligible State; and
(B) the certification status of each State
safety oversight program, including what steps
a State program that has been denied
certification must take in order to be
certified.
(10) Federal oversight.--The Secretary shall--
(A) oversee the implementation of each State
safety oversight program under this subsection;
(B) audit the operations of each State safety
oversight agency at least once triennially; and
(C) issue rules to carry out this subsection.
(f) Authority of Secretary.--In carrying out this section,
the Secretary may--
(1) conduct inspections, investigations, audits,
examinations, and testing of the equipment, facilities,
rolling stock, and operations of the public
transportation system of a recipient;
(2) make reports and issue directives with respect to
the safety of the public transportation system of a
recipient or the public transportation industry
generally;
(3) in conjunction with an accident investigation or
an investigation into a pattern or practice of conduct
that negatively affects public safety, issue a subpoena
to, and take the deposition of, any employee of a
recipient or a State safety oversight agency, if--
(A) before the issuance of the subpoena, the
Secretary requests a determination by the
Attorney General of the United States as to
whether the subpoena will interfere with an
ongoing criminal investigation; and
(B) the Attorney General--
(i) determines that the subpoena will
not interfere with an ongoing criminal
investigation; or
(ii) fails to make a determination
under clause (i) before the date that
is 30 days after the date on which the
Secretary makes a request under
subparagraph (A);
(4) require the production of documents by, and
prescribe recordkeeping and reporting requirements for,
a recipient or a State safety oversight agency;
(5) investigate public transportation accidents and
incidents and provide guidance to recipients regarding
prevention of accidents and incidents;
(6) at reasonable times and in a reasonable manner,
enter and inspect equipment, facilities, rolling stock,
operations, and relevant records of the public
transportation system of a recipient; and
(7) issue rules to carry out this section.
(g) Enforcement Actions.--
(1) Types of enforcement actions.--The Secretary may
take enforcement action against a recipient that does
not comply with Federal law with respect to the safety
of the public transportation system, including--
(A) issuing directives;
(B) requiring more frequent oversight of the
recipient by a State safety oversight agency or
the Secretary;
(C) imposing more frequent reporting
requirements;
(D) requiring that any Federal financial
assistance provided under this chapter be spent
on correcting safety deficiencies identified by
the Secretary or the State safety oversight
agency before such funds are spent on other
projects; and
(E) withholding not more than 25 percent of
financial assistance under section 5307.
(2) Use or withholding of funds.--
(A) In general.--The Secretary may require
the use of funds or withhold funds in
accordance with paragraph (1)(D) or (1)(E) only
if the Secretary finds that a recipient is
engaged in a pattern or practice of serious
safety violations or has otherwise refused to
comply with Federal law relating to the safety
of the public transportation system.
(B) Notice.--Before withholding funds from a
recipient, the Secretary shall provide to the
recipient--
(i) written notice of a violation and
the amount proposed to be withheld; and
(ii) a reasonable period of time
within which the recipient may address
the violation or propose and initiate
an alternative means of compliance that
the Secretary determines is acceptable.
(h) Restrictions and Prohibitions.--
(1) Restrictions and prohibitions.--The Secretary
shall issue restrictions and prohibitions by whatever
means are determined necessary and appropriate, without
regard to section 5334(c), if, through testing,
inspection, investigation, audit, or research carried
out under this chapter, the Secretary determines that
an unsafe condition or practice, or a combination of
unsafe conditions and practices, exist such that there
is a substantial risk of death or personal injury.
(2) Notice.--The notice of restriction or prohibition
shall describe the condition or practice, the
subsequent risk and the standards and procedures
required to address the restriction or prohibition.
(3) Continued authority.--Nothing in this subsection
shall be construed as limiting the Secretary's
authority to maintain a restriction or prohibition for
as long as is necessary to ensure that the risk has
been substantially addressed.
(i) Consultation by the Secretary of Homeland Security.--The
Secretary of Homeland Security shall consult with the Secretary
of Transportation before the Secretary of Homeland Security
issues a rule or order that the Secretary of Transportation
determines affects the safety of public transportation design,
construction, or operations.
(j) Actions Under State Law.--
(1) Rule of construction.--Nothing in this section
shall be construed to preempt an action under State law
seeking damages for personal injury, death, or property
damage alleging that a party has failed to comply
with--
(A) a Federal standard of care established by
a regulation or order issued by the Secretary
under this section; or
(B) its own program, rule, or standard that
it created pursuant to a rule or order issued
by the Secretary.
(2) Effective date.--This subsection shall apply to
any cause of action under State law arising from an
event or activity occurring on or after the date of
enactment of the Federal Public Transportation Act of
2012.
(3) Jurisdiction.--Nothing in this section shall be
construed to create a cause of action under Federal law
on behalf of an injured party or confer Federal
question jurisdiction for a State law cause of action.
(k) National Public Transportation Safety Report.--Not later
than 3 years after the date of enactment of the Federal Public
Transportation Act of 2012, 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 that--
(1) analyzes public transportation safety trends
among the States and documents the most effective
safety programs implemented using grants under this
section; and
(2) describes the effect on public transportation
safety of activities carried out using grants under
this section.
* * * * * * *
Sec. 5333. Labor standards
(a) Prevailing Wages Requirement.--The Secretary of
Transportation shall ensure that laborers and mechanics
employed by contractors and subcontractors in construction work
financed with a grant or loan under this chapter be paid wages
not less than those prevailing on similar construction in the
locality, as determined by the Secretary of Labor under
sections 3141 through 3144, 3146, and 3147 of title 40. The
Secretary of Transportation may approve a grant or loan only
after being assured that required labor standards will be
maintained on the construction work. For a labor standard under
this subsection, the Secretary of Labor has the same duties and
powers stated in Reorganization Plan No. 14 of 1950 (eff. May
24, 1950, 64 Stat. 1267) and section 3145 of title 40.
(b) Employee Protective Arrangements.--(1) As a condition of
financial assistance under sections 5307-5312, 5316, 5318,
5323(a)(1), 5323(b), 5323(d), [5328, 5337, and 5338(b)] and
5337 of this title, the interests of employees affected by the
assistance shall be protected under arrangements the Secretary
of Labor concludes are fair and equitable. The agreement
granting the assistance under sections 5307-5312, 5316, 5318,
5323(a)(1), 5323(b), 5323(d), [5328, 5337, and 5338(b)] and
5337 shall specify the arrangements.
(2) Arrangements under this subsection shall include
provisions that may be necessary for--
(A) the preservation of rights, privileges, and
benefits (including continuation of pension rights and
benefits) under existing collective bargaining
agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a
worsening of their positions related to employment;
(D) assurances of employment to employees of acquired
public transportation systems;
(E) assurances of priority of reemployment of
employees whose employment is ended or who are laid
off; and
(F) paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits
at least equal to benefits established under section 11326 of
this title.
(4) Fair and equitable arrangements to protect the interests
of employees utilized by the Secretary of Labor for assistance
to purchase like-kind equipment or facilities, and grant
amendments which do not materially revise or amend existing
assistance agreements, shall be certified without referral.
(5) When the Secretary is called upon to issue fair and
equitable determinations involving assurances of employment
when one private transit bus service contractor replaces
another through competitive bidding, such decisions shall be
based on the principles set forth in the Department of Labor's
decision of September 21, 1994, as clarified by the
supplemental ruling of November 7, 1994, with respect to grant
NV-90-X021. This paragraph shall not serve as a basis for
objections under section 215.3(d) of title 29, Code of Federal
Regulations.
Sec. 5334. Administrative provisions
(a) General Authority.--In carrying out this chapter, the
Secretary of Transportation may--
(1) prescribe terms for a project that receives
Federal financial assistance under this chapter (except
terms the Secretary of Labor prescribes under section
5333(b) of this title);
(2) sue and be sued;
(3) foreclose on property or bring a civil action to
protect or enforce a right conferred on the Secretary
of Transportation by law or agreement;
(4) buy property related to a loan under this
chapter;
(5) agree to pay an annual amount in place of a State
or local tax on real property acquired or owned under
this chapter;
(6) sell, exchange, or lease property, a security, or
an obligation;
(7) obtain loss insurance for property and assets the
Secretary of Transportation holds;
(8) consent to a modification in an agreement under
this chapter;
(9) include in an agreement or instrument under this
chapter a covenant or term the Secretary of
Transportation considers necessary to carry out this
chapter;
(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials,
sponsored by the Federal Transit Administration to
promote public transportation and credit amounts
collected to the appropriation concerned; and
(11) issue regulations as necessary to carry out the
purposes of this chapter.
(b) Prohibitions Against Regulating Operations and Charges.--
(1) In general.--Except for purposes of national
defense or in the event of a national or regional
emergency, or for purposes of establishing and
enforcing a program to improve the safety of public
transportation systems in the United States as
described in section 5329, the Secretary may not
regulate the operation, routes, or schedules of a
public transportation system for which a grant is made
under this chapter. The Secretary may not regulate the
rates, fares, tolls, rentals, or other charges
prescribed by any provider of public transportation.
(2) Limitation on statutory construction.--Nothing in
this subsection shall be construed to prevent the
Secretary from requiring a recipient of funds under
this chapter to comply with the terms and conditions of
its Federal assistance agreement.
(c) Procedures for Prescribing Regulations.--(1) The
Secretary shall prepare an agenda listing all areas in which
the Secretary intends to propose regulations governing
activities under this chapter within the following 12 months.
The Secretary shall publish the proposed agenda in the Federal
Register as part of the Secretary's semiannual regulatory
agenda that lists regulatory activities of the Federal Transit
Administration. The Secretary shall submit the agenda to the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives on the day the
agenda is published.
(2) Except for emergency regulations, the Secretary shall
give interested parties at least 60 days to participate in a
regulatory proceeding under this chapter by submitting written
information, views, or arguments, with or without an oral
presentation, except when the Secretary for good cause finds
that public notice and comment are unnecessary because of the
routine nature or insignificant impact of the regulation or
that an emergency regulation should be issued. The Secretary
may extend the 60-day period if the Secretary decides the
period is insufficient to allow diligent individuals to prepare
comments or that other circumstances justify an extension.
(3) An emergency regulation ends 120 days after it is issued.
(4) The Secretary shall comply with this subsection when
proposing or carrying out a regulation governing an activity
under this chapter, except for a routine matter or a matter
with no significant impact.
(d) Budget Program and Set of Accounts.--The Secretary
shall--
(1) submit each year a budget program as provided in
section 9103 of title 31; and
(2) maintain a set of accounts for audit under
chapter 35 of title 31.
(e) Depository and Availability of Amounts.--The Secretary
shall deposit amounts made available to the Secretary under
this chapter in a checking account in the Treasury. Receipts,
assets, and amounts obtained or held by the Secretary to carry
out this chapter are available for administrative expenses to
carry out this chapter.
(f) Binding Effect of Financial Transaction.--A financial
transaction of the Secretary under this chapter and a related
voucher are binding on all officers and employees of the United
States Government.
(g) Dealing With Acquired Property.--Notwithstanding another
law related to the Government acquiring, using, or disposing of
real property, the Secretary may deal with property acquired
under paragraph (3) or (4) of subsection (a) in any way.
However, this subsection does not--
(1) deprive a State or political subdivision of a
State of jurisdiction of the property; or
(2) impair the civil rights, under the laws of a
State or political subdivision of a State, of an
inhabitant of the property.
(h) Transfer of Assets No Longer Needed.--[(1) 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 it was acquired, the
Secretary may authorize the recipient to transfer the asset to
a local governmental authority to be used for a public purpose
with no further obligation to the Government. The Secretary may
authorize a transfer for a public purpose other than public
transportation only if the Secretary decides--
[(A) the asset will remain in public use for at least
5 years after the date the asset is transferred;
[(B) there is no purpose eligible for assistance
under this chapter for which the asset should be used;
[(C) 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
[(D) 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.]
(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 40 percent of the
housing units offered in the transit-
oriented development, including housing
units owned by nongovernmental
entities, are legally binding
affordability restricted to tenants
with incomes at or below 60 percent of
the area median income and/or owners
with incomes at or below 60 percent the
area median income;
(iv) the asset will remain in use as
described in this section for at least
30 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;
(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; and
(III) the third party has
demonstrated a satisfactory
history of construction or
operating an affordable housing
development.
(2) A decision under paragraph (1) must be in writing and
include the reason for the decision.
(3) This subsection is in addition to any other law related
to using and disposing of a facility or equipment under an
assistance agreement.
(4) Proceeds from the sale of transit assets.--
(A) In general.--When real property, equipment, or
supplies acquired with assistance under this chapter
are no longer needed for public transportation purposes
as determined under the applicable assistance
agreement, the Secretary may authorize the sale,
transfer, or lease of the assets under conditions
determined by the Secretary and subject to the
requirements of this subsection.
(B) Use.--The net income from asset sales, uses, or
leases (including lease renewals) under this subsection
shall be used by the recipient to reduce the gross
project cost of other capital projects carried out
under this chapter.
(C) Relationship to other authority.--The authority
of the Secretary under this subsection is in addition
to existing authorities controlling allocation or use
of recipient income otherwise permissible in law or
regulation in effect prior to the date of enactment of
this paragraph.
(i) Transfer of Amounts and Non-Government Share.--(1)
Amounts made available for a public transportation project
under title 23 may be transferred to and administered by the
Secretary under this chapter. Amounts made available for a
highway project under this chapter shall be transferred to and
administered by the Secretary under title 23.
(2) The provisions of title 23 related to the non-Government
share apply to amounts under title 23 used for public
transportation projects. The provisions of this chapter related
to the non-Government share apply to amounts under this chapter
used for highway projects.
(j) Notification of Pending Discretionary Grants.--Not less
than 3 full business days before announcement of award by the
Secretary of any discretionary grant, letter of intent, or full
funding grant agreement totaling $1,000,000 or more, the
Secretary shall notify the Committee on Banking, Housing, and
Urban Affairs and the Committee on Appropriations of the Senate
and the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives.
(k) Agency Statements.--
(1) In general.--The Administrator of the Federal
Transit Administration shall follow applicable
rulemaking procedures under section 553 of title 5
before the Federal Transit Administration issues a
statement that imposes a binding obligation on
recipients of Federal assistance under this chapter.
(2) Binding obligation defined.--In this subsection,
the term ``binding obligation'' means a substantive
policy statement, rule, or guidance document issued by
the Federal Transit Administration that grants rights,
imposes obligations, produces significant effects on
private interests, or effects a significant change in
existing policy.
(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.
(m) Disposition of Rolling Stock to Meet Air Quality Goals.--
(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of rolling stock
with a current market value, or proceeds from the
disposition of such rolling stock, acquired under this
chapter at least in part with such assistance, before
such rolling stock has reached its useful life, the
Secretary may allow the recipient, or subrecipient, to
use the proceeds attributable to the Federal share of
such rolling stock calculated under paragraph (3) for
capital projects under section 5307, 5310, or 5311
without need for repayment of the Federal financial
interest.
(2) Covered rolling stock.--This subsection shall
only apply to rolling stock disposed of--
(A) which are replaced by rolling stock that
will help improve attainment of air quality
goals compared to the rolling stock being
replaced; and
(B) for which the recipient is located in an
area that is designated as a nonattainment area
for particulate matter under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)).
(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of rolling
stock described in paragraph (1) shall be calculated by
multiplying--
(A) the current market value of, or the
proceeds from the disposition of, such asset;
and
(B) the Federal share percentage for the
acquisition of such asset at the time of
acquisition of such asset.
Sec. 5335. National transit database
(a) National Transit Database.--To help meet the needs of
individual public transportation systems, the United States
Government, State and local governments, and the public for
information on which to base public transportation service
planning, the Secretary shall maintain a reporting system,
using uniform categories to accumulate public transportation
financial, operating, and asset condition information and using
a uniform system of accounts. The reporting and uniform systems
shall contain appropriate information to help any level of
government make a public sector investment decision, including
information on transit routes and ridership on those routes.
The Secretary may request and receive appropriate information
from any source.
(b) Reporting and Uniform Systems.--The Secretary may award a
grant under section 5307 or 5311 only if the applicant, and any
person that will receive benefits directly from the grant, are
subject to the reporting and uniform systems.
(c) Data Required to Be Reported.--The recipient of a grant
under this chapter shall report to the Secretary, for inclusion
in the National Transit Database, any information relating to a
transit asset inventory or condition assessment conducted by
the recipient, any data on each assault on a transit worker,
and pedestrian injuries and fatalities as a result of an impact
with a bus. Each of the data sets shall be publicly reported
without aggregating the data with other safety data.
Sec. 5336. Apportionment of appropriations for formula grants
(a) Based on Urbanized Area Population.--Of the amount
apportioned under subsection (h)(5) to carry out section 5307--
(1) 9.32 percent shall be apportioned each fiscal
year only in urbanized areas with a population of less
than 200,000 so that each of those areas is entitled to
receive an amount equal to--
(A) 50 percent of the total amount
apportioned multiplied by a ratio equal to the
population of the area divided by the total
population of all urbanized areas with
populations of less than 200,000 as shown in
the most recent decennial census; and
(B) 50 percent of the total amount
apportioned multiplied by a ratio for the area
based on population weighted by a factor,
established by the Secretary, of the number of
inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal
year only in urbanized areas with populations of at
least 200,000 as provided in subsections (b) and (c) of
this section.
(b) Based on Fixed Guideway Vehicle Revenue Miles,
Directional Route Miles, and Passenger Miles.--(1) In this
subsection, ``fixed guideway vehicle revenue miles'' and
``fixed guideway directional route miles'' include passenger
ferry operations directly or under contract by the designated
recipient.
(2) Of the amount apportioned under subsection (a)(2) of this
section, 33.29 percent shall be apportioned as follows:
(A) [95.61 percent] 95 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 is entitled to receive an amount equal
to--
(i) 60 percent of the [95.61 percent] 95
percent apportioned under this subparagraph
multiplied by a ratio equal to the number of
fixed guideway vehicle revenue miles
attributable to the area, as established by the
Secretary, divided by the total number of all
fixed guideway vehicle revenue miles
attributable to all areas; and
(ii) 40 percent of the [95.61 percent] 95
percent apportioned under this subparagraph
multiplied by a ratio equal to the number of
fixed guideway directional route miles
attributable to the area, established by the
Secretary, divided by the total number of all
fixed guideway directional route miles
attributable to all areas.
An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive at
least .75 percent of the total amount apportioned under this
subparagraph.
(B) [4.39 percent] 5 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 is entitled to receive an amount equal
to--
(i) the number of fixed guideway vehicle
passenger miles traveled in the highest 25
percent of routes by ridership multiplied by
the number of fixed guideway [vehicle passenger
miles traveled for each dollar of operating
cost in an area] vehicles operating in peak
revenue service per hour in the highest 25
percent of routes by ridership; divided by
(ii) the total number of fixed guideway
vehicle passenger miles traveled in the highest
25 percent of routes by ridership multiplied by
the total number of fixed guideway [vehicle
passenger miles traveled for each dollar of
operating cost in all areas] vehicles operating
in peak revenue service per hour in the highest
25 percent of routes by ridership.
An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive at
least .75 percent of the total amount apportioned under this
subparagraph.
(C) Under subparagraph (A) of this paragraph, fixed
guideway vehicle revenue or directional route miles,
and passengers served on those miles, in an urbanized
area with a population of less than 200,000, where the
miles and passengers served otherwise would be
attributable to an urbanized area with a population of
at least 1,000,000 in an adjacent State, are
attributable to the governmental authority in the State
in which the urbanized area with a population of less
than 200,000 is located. The authority is deemed an
urbanized area with a population of at least 200,000 if
the authority makes a contract for the service.
(D) A recipient's apportionment under subparagraph
(A)(i) of this paragraph may not be reduced if the
recipient, after satisfying the Secretary that energy
or operating efficiencies would be achieved, reduces
vehicle revenue miles but provides the same frequency
of revenue service to the same number of riders.
(E) For purposes of subparagraph (A) and section
5337(c)(3), the Secretary shall deem to be attributable
to an urbanized area not less than 27 percent of the
fixed guideway vehicle revenue miles or fixed guideway
directional route miles in the public transportation
system of a recipient that are located outside the
urbanized area for which the recipient receives funds,
in addition to the fixed guideway vehicle revenue miles
or fixed guideway directional route miles of the
recipient that are located inside the urbanized area.
(3) Special rule.--For fiscal years 2023 and 2024,
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.
(c) Based on Bus Vehicle Revenue Miles and Passenger Miles.--
Of the amount apportioned under subsection (a)(2) of this
section, 66.71 percent shall be apportioned as follows:
(1) [90.8 percent] 90 percent of the total amount
apportioned under this subsection shall be apportioned
as follows:
(A) 73.39 percent of the [90.8 percent] 90
percent apportioned under this paragraph shall
be apportioned so that each urbanized area with
a population of at least 1,000,000 is entitled
to receive an amount equal to--
(i) 50 percent of the 73.39 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
total bus vehicle revenue miles
operated in or directly serving the
urbanized area divided by the total bus
vehicle revenue miles attributable to
all areas;
(ii) 25 percent of the 73.39 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
population of the area divided by the
total population of all areas, as shown
in the most recent decennial census;
and
(iii) 25 percent of the 73.39 percent
apportioned under this subparagraph
multiplied by a ratio for the area
based on population weighted by a
factor, established by the Secretary,
of the number of inhabitants in each
square mile.
(B) 26.61 percent of the [90.8 percent] 90
percent apportioned under this paragraph shall
be apportioned so that each urbanized area with
a population of at least 200,000 but not more
than 999,999 is entitled to receive an amount
equal to--
(i) 50 percent of the 26.61 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
total bus vehicle revenue miles
operated in or directly serving the
urbanized area divided by the total bus
vehicle revenue miles attributable to
all areas;
(ii) 25 percent of the 26.61 percent
apportioned under this subparagraph
multiplied by a ratio equal to the
population of the area divided by the
total population of all areas, as shown
by the most recent decennial census;
and
(iii) 25 percent of the 26.61 percent
apportioned under this subparagraph
multiplied by a ratio for the area
based on population weighted by a
factor, established by the Secretary,
of the number of inhabitants in each
square mile.
(2) [9.2 percent] 8 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] 500,000 is entitled to receive an
amount equal to--
[(A) the number of bus passenger miles
traveled multiplied by the number of bus
passenger miles traveled for each dollar of
operating cost in an area; divided by
[(B) the total number of bus passenger miles
traveled multiplied by the total number of bus
passenger miles traveled for each dollar of
operating cost in all areas.]
(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
(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.
(3) Two 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 years 2023 and 2024, 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.
(d) Date of Apportionment.--The Secretary shall--
(1) apportion amounts appropriated under section
[5338(a)(2)(C)] 5338(a)(2)(B) of this title to carry
out section 5307 of this title not later than the 10th
day after the date the amounts are appropriated or
October 1 of the fiscal year for which the amounts are
appropriated, whichever is later; [and]
(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
[(2)] (3) publish apportionments of the amounts,
including amounts attributable to each urbanized area
with a population of more than 50,000 and amounts
attributable to each State of a multistate urbanized
area, on the apportionment date.
(e) Amounts Not Apportioned to Designated Recipients.--The
Governor of a State may expend in an urbanized area with a
population of less than 200,000 an amount apportioned under
this section that is not apportioned to a designated recipient,
as defined in section 5302(4).
(f) Transfers of Apportionments.--(1) The Governor of a State
may transfer any part of the State's apportionment under
subsection (a)(1) of this section to supplement amounts
apportioned to the State under section 5311(c)(3). The Governor
may make a transfer only after consulting with responsible
local officials and publicly owned operators of public
transportation in each area for which the amount originally was
apportioned under this section.
(2) The Governor of a State may transfer any part of the
State's apportionment under section 5311(c)(3) to supplement
amounts apportioned to the State under subsection (a)(1) of
this section.
(3) The Governor of a State may use throughout the State
amounts of a State's apportionment remaining available for
obligation at the beginning of the 90-day period before the
period of the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a
population of at least 200,000 may transfer a part of its
apportionment under this section to the Governor of a State.
The Governor shall distribute the transferred amounts to
urbanized areas under this section.
(5) Capital and operating assistance limitations applicable
to the original apportionment apply to amounts transferred
under this subsection.
(g) Period of Availability to Recipients.--An amount
apportioned under this section may be obligated by the
recipient for 5 years after the fiscal year in which the amount
is apportioned. Not later than 30 days after the end of the 5-
year period, an amount that is not obligated at the end of that
period shall be added to the amount that may be apportioned
under this section in the next fiscal year.
(h) Apportionments.--Of the amounts made available for each
fiscal year under section [5338(a)(2)(C)] 5338(a)(2)(B)--
[(1) $30,000,000 shall be set aside each fiscal year
to carry out section 5307(h);]
(1) to carry out section 5307(h)--
(A) $60,906,000 shall be set aside in fiscal
year 2023;
(B) $61,856,134 shall be set aside in fiscal
year 2024;
(C) $62,845,832 shall be set aside in fiscal
year 2025; and
(D) $63,832,511 shall be set aside in fiscal
year 2026;
(2) [3.07 percent] 6 percent shall be apportioned to
urbanized areas in accordance with subsection (j);
[(3) of amounts not apportioned under paragraphs (1)
and (2)--
[(A) for fiscal years 2016 through 2018, 1.5
percent shall be apportioned to urbanized areas
with populations of less than 200,000 in
accordance with subsection (i); and
[(B) for fiscal years 2019 and 2020, 2
percent shall be apportioned to urbanized areas
with populations of less than 200,000 in
accordance with subsection (i);]
(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);
(4) 0.5 percent shall be apportioned to eligible
States for State safety oversight program grants in
accordance with section 5329(e)(6); and
(5) any amount not apportioned under paragraphs (1),
(2), (3), and (4) shall be apportioned to urbanized
areas in accordance with subsections (a) through (c).
(i) Small Transit Intensive Cities Formula.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Eligible area.--The term ``eligible
area'' means an urbanized area with a
population of less than 200,000 that meets or
exceeds in one or more performance categories
the industry average for all urbanized areas
with a population of at least 200,000 but not
more than 999,999, as determined by the
Secretary in accordance with subsection (c)(2).
(B) Performance category.--The term
``performance category'' means each of the
following:
(i) Passenger miles traveled per
vehicle revenue mile.
(ii) Passenger miles traveled per
vehicle revenue hour.
(iii) Vehicle revenue miles per
capita.
(iv) Vehicle revenue hours per
capita.
(v) Passenger miles traveled per
capita.
(vi) Passengers per capita.
(2) Apportionment.--
(A) Apportionment formula.--The amount to be
apportioned under subsection (h)(3) shall be
apportioned among eligible areas in the ratio
that--
(i) the number of performance
categories for which each eligible area
meets or exceeds the industry average
in urbanized areas with a population of
at least 200,000 but not more than
999,999; bears to
(ii) the aggregate number of
performance categories for which all
eligible areas meet or exceed the
industry average in urbanized areas
with a population of at least 200,000
but not more than 999,999.
(B) Data used in formula.--The Secretary
shall calculate apportionments under this
subsection for a fiscal year using data from
the national transit database used to calculate
apportionments for that fiscal year under this
section.
(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.
(j) Apportionment Formula.--The amounts apportioned under
subsection (h)(2) shall be apportioned among urbanized areas as
follows:
(1) [75 percent] 50 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 eligible low-income
individuals in each such urbanized area; bears
to
(B) the number of eligible low-income
individuals in all such urbanized areas.
(2) [25 percent] 12.5 percent of the funds shall be
apportioned among designated recipients for urbanized
areas with a population of less than 200,000 in the
ratio that--
(A) the number of eligible low-income
individuals in each such urbanized area; bears
to
(B) the number of eligible low-income
individuals in all such urbanized areas.
(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.
(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.
(k) Peak Revenue Service Defined.--In this section, the term
``peak revenue service'' means the time period between the time
in the morning that an agency first exceeds the number of
midday vehicles in revenue service and the time in the evening
that an agency falls below the number of midday vehicles in
revenue service.
Sec. 5337. State of good repair grants
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Fixed guideway.--The term ``fixed guideway''
means a public transportation facility--
(A) using and occupying a separate right-of-
way for the exclusive use of public
transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(2) State.--The term ``State'' means the 50 States,
the District of Columbia, and Puerto Rico.
(3) State of good repair.--The term ``state of good
repair'' has the meaning given that term by the
Secretary, by rule, under section 5326(b).
(4) Transit asset management plan.--The term
``transit asset management plan'' means a plan
developed by a recipient of funding under this chapter
that--
(A) includes, at a minimum, capital asset
inventories and condition assessments, decision
support tools, and investment prioritization;
and
(B) the recipient certifies that the
recipient complies with the rule issued under
section 5326(d).
(b) General Authority.--
(1) Eligible projects.--The Secretary may make grants
under this section to assist State and local
governmental authorities in financing capital projects
to maintain public transportation systems in a state of
good repair, including projects to replace and
rehabilitate--
(A) rolling stock;
(B) track;
(C) line equipment and structures;
(D) signals and communications;
(E) power equipment and substations;
(F) passenger stations and terminals;
(G) security equipment and systems;
(H) maintenance facilities and equipment;
(I) operational support equipment, including
computer hardware and software;
(J) development and implementation of a
transit asset management plan; and
(K) other replacement and rehabilitation
projects the Secretary determines appropriate.
(2) Inclusion in plan.--A recipient shall include a
project carried out under paragraph (1) in the transit
asset management plan of the recipient upon completion
of the plan.
(c) High Intensity Fixed Guideway State of Good Repair
Formula.--
(1) In general.--Of the amount authorized or made
available under section 5338(a)(2)(K), 97.15 percent
shall be apportioned to recipients in accordance with
this subsection.
(2) Area share.--
(A) In general.--50 percent of the amount
described in paragraph (1) shall be apportioned
for fixed guideway systems in accordance with
this paragraph.
(B) Share.--A recipient shall receive an
amount equal to the amount described in
subparagraph (A), multiplied by the amount the
recipient would have received under this
section, as in effect for fiscal year 2011, if
the amount had been calculated in accordance
with the provisions of section 5336(b)(1) and
using the definition of the term ``fixed
guideway'' under subsection (a) of this
section, as such sections are in effect on the
day after the date of enactment of the Federal
Public Transportation Act of 2012, and divided
by the total amount apportioned for all areas
under this section for fiscal year 2011.
(C) Recipient.--For purposes of this
paragraph, the term ``recipient'' means an
entity that received funding under this
section, as in effect for fiscal year 2011.
(3) Vehicle revenue miles and directional route
miles.--
(A) In general.--50 percent of the amount
described in paragraph (1) shall be apportioned
to recipients in accordance with this
paragraph.
(B) Vehicle revenue miles.--A recipient in an
urbanized area shall receive an amount equal to
60 percent of the amount described in
subparagraph (A), multiplied by the number of
fixed guideway vehicle revenue miles
attributable to the urbanized area, as
established by the Secretary, divided by the
total number of all fixed guideway vehicle
revenue miles attributable to all urbanized
areas.
(C) Directional route miles.--A recipient in
an urbanized area shall receive an amount equal
to 40 percent of the amount described in
subparagraph (A), multiplied by the number of
fixed guideway directional route miles
attributable to the urbanized area, as
established by the Secretary, divided by the
total number of all fixed guideway directional
route miles attributable to all urbanized
areas.
(4) Limitation.--
(A) In general.--Except as provided in
subparagraph (B), the share of the total amount
apportioned under this subsection that is
apportioned to an area under this subsection
shall not decrease by more than 0.25 percentage
points compared to the share apportioned to the
area under this subsection in the previous
fiscal year.
(B) Special rule for fiscal year 2013.--In
fiscal year 2013, the share of the total amount
apportioned under this subsection that is
apportioned to an area under this subsection
shall not decrease by more than 0.25 percentage
points compared to the share that would have
been apportioned to the area under this
section, as in effect for fiscal year 2011, if
the share had been calculated using the
definition of the term ``fixed guideway'' under
subsection (a) of this section, as in effect on
the day after the date of enactment of the
Federal Public Transportation Act of 2012.
(5) Use of funds.--Amounts made available under this
subsection shall be available for the exclusive use of
fixed guideway projects.
(6) Receiving apportionment.--
(A) In general.--Except as provided in
subparagraph (B), for an area with a fixed
guideway system, the amounts provided under
this subsection shall be apportioned to the
designated recipient for the urbanized area in
which the system operates.
(B) Exception.--An area described in the
amendment made by section 3028(a) of the
Transportation Equity Act for the 21st Century
(Public Law 105-178; 112 Stat. 366) shall
receive an individual apportionment under this
subsection.
(7) Apportionment requirements.--For purposes of
determining the number of fixed guideway vehicle
revenue miles or fixed guideway directional route miles
attributable to an urbanized area for a fiscal year
under this subsection, only segments of fixed guideway
systems placed in revenue service not later than 7
years before the first day of the fiscal year shall be
deemed to be attributable to an urbanized area.
(d) High Intensity Motorbus State of Good Repair.--
(1) Definition.--For purposes of this subsection, the
term ``high intensity motorbus'' means public
transportation that is provided on a facility with
access for other high-occupancy vehicles.
(2) Apportionment.--Of the amount authorized or made
available under section 5338(a)(2)(K), 2.85 percent
shall be apportioned to urbanized areas for high
intensity motorbus vehicle state of good repair in
accordance with this subsection.
(3) Vehicle revenue miles and directional route
miles.--
(A) In general.--The amount described in
paragraph (2) shall be apportioned to each area
in accordance with this paragraph.
(B) Vehicle revenue miles.--Each area shall
receive an amount equal to 60 percent of the
amount described in subparagraph (A),
multiplied by the number of high intensity
motorbus vehicle revenue miles attributable to
the area, as established by the Secretary,
divided by the total number of all high
intensity motorbus vehicle revenue miles
attributable to all areas.
(C) Directional route miles.--Each area shall
receive an amount equal to 40 percent of the
amount described in subparagraph (A),
multiplied by the number of high intensity
motorbus directional route miles attributable
to the area, as established by the Secretary,
divided by the total number of all high
intensity motorbus directional route miles
attributable to all areas.
(4) Apportionment requirements.--For purposes of
determining the number of high intensity motorbus
vehicle revenue miles or high intensity motorbus
directional route miles attributable to an urbanized
area for a fiscal year under this subsection, only
segments of high intensity motorbus systems placed in
revenue service not later than 7 years before the first
day of the fiscal year shall be deemed to be
attributable to an urbanized area.
(5) Use of funds.--Amounts apportioned under this
subsection may be used for any project that is an
eligible project under subsection (b)(1).
(e) Government Share of Costs.--
(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net
project cost of the project. The recipient may provide
additional local matching amounts.
(2) Remaining costs.--The remainder of the net
project cost shall be provided--
(A) in cash from non-Government sources;
(B) from revenues derived from the sale of
advertising and concessions; or
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital.
(3) Accessibility costs.--Notwithstanding paragraph
(1), the Federal share of the net project cost of a
project to provide accessibility improvements
consistent with standards in compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) shall be 90 percent.
[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, 5310, 5311, 5312, 5314, 5318,
5335, 5337, 5339, and 5340, section 20005(b) of the
Federal Public Transportation Act of 2012, and sections
3006(b) of the Federal Public Transportation Act of
2015--
[(A) $9,347,604,639 for fiscal year 2016;
[(B) $9,534,706,043 for fiscal year 2017;
[(C) $9,733,353,407 for fiscal year 2018;
[(D) $9,939,380,030 for fiscal year 2019; and
[(E) $10,150,348,462 for fiscal year 2020.
[(2) Allocation of funds.--Of the amounts made
available under paragraph (1)--
[(A) $130,732,000 for fiscal year 2016,
$133,398,933 for fiscal year 2017, $136,200,310
for fiscal year 2018, $139,087,757 for fiscal
year 2019, and $142,036,417 for fiscal year
2020, shall be available to carry out section
5305;
[(B) $10,000,000 for each of fiscal years
2016 through 2020 shall be available to carry
out section 20005(b) of the Federal Public
Transportation Act of 2012;
[(C) $4,538,905,700 for fiscal year 2016,
$4,629,683,814 for fiscal year 2017,
$4,726,907,174 for fiscal year 2018,
$4,827,117,606 for fiscal year 2019, and
$4,929,452,499 for fiscal year 2020 shall be
allocated in accordance with section 5336 to
provide financial assistance for urbanized
areas under section 5307;
[(D) $262,949,400 for fiscal year 2016,
$268,208,388 for fiscal year 2017, $273,840,764
for fiscal year 2018, $279,646,188 for fiscal
year 2019, and $285,574,688 for fiscal year
2020 shall be available to provide financial
assistance for services for the enhanced
mobility of seniors and individuals with
disabilities under section 5310;
[(E) $2,000,000 for fiscal year 2016,
$3,000,000 for fiscal year 2017, $3,250,000 for
fiscal year 2018, $3,500,000 for fiscal year
2019 and $3,500,000 for fiscal year 2020 shall
be available for the pilot program for
innovative coordinated access and mobility
under section 3006(b) of the Federal Public
Transportation Act of 2015;
[(F) $619,956,000 for fiscal year 2016,
$632,355,120 for fiscal year 2017, $645,634,578
for fiscal year 2018, $659,322,031 for fiscal
year 2019, and $673,299,658 for fiscal year
2020 shall be available to provide financial
assistance for rural areas under section 5311,
of which not less than--
[(i) $35,000,000 for each of fiscal
years 2016 through 2020 shall be
available to carry out section
5311(c)(1); and
[(ii) $20,000,000 for each of fiscal
years 2016 through 2020 shall be
available to carry out section
5311(c)(2);
[(G) $28,000,000 for each of fiscal years
2016 through 2020 shall be available to carry
out section 5312, of which--
[(i) $3,000,000 for each of fiscal
years 2016 through 2020 shall be
available to carry out section 5312(h);
and
[(ii) $5,000,000 for each of fiscal
years 2016 through 2020 shall be
available to carry out section 5312(i);
[(H) $9,000,000 for each of fiscal years 2016
through 2020 shall be available to carry out
section 5314; of which $5,000,000 shall be
available for the national transit institute
under section 5314(c);
[(I) $3,000,000 for each of fiscal years 2016
through 2020 shall be available for bus testing
under section 5318;
[(J) $4,000,000 for each of fiscal years 2016
through 2020 shall be available to carry out
section 5335;
[(K) $2,507,000,000 for fiscal year 2016,
$2,549,670,000 for fiscal year 2017,
$2,593,703,558 for fiscal year 2018,
$2,638,366,859 for fiscal year 2019, and
$2,683,798,369 for fiscal year 2020 shall be
available to carry out section 5337;
[(L) $427,800,000 for fiscal year 2016,
$436,356,000 for fiscal year 2017, $445,519,476
for fiscal year 2018, $454,964,489 for fiscal
year 2019, and $464,609,736 for fiscal year
2020 shall be available for the bus and buses
facilities program under section 5339(a);
[(M) $268,000,000 for fiscal year 2016,
$283,600,000 for fiscal year 2017, $301,514,000
for fiscal year 2018, $322,059,980 for fiscal
year 2019, and $344,044,179 for fiscal year
2020 shall be available for buses and bus
facilities competitive grants under section
5339(b) and no or low emission grants under
section 5339(c), of which $55,000,000 for each
of fiscal years 2016 through 2020 shall be
available to carry out section 5339(c); and
[(N) $536,261,539 for fiscal year 2016,
$544,433,788 for fiscal year 2017, $552,783,547
for fiscal year 2018, $561,315,120 for fiscal
year 2019 and $570,032,917 for fiscal year
2020, to carry out section 5340 to provide
financial assistance for urbanized areas under
section 5307 and rural areas under section
5311, of which--
[(i) $272,297,083 for fiscal year
2016, $279,129,510 for fiscal year
2017, $286,132,747 for fiscal year
2018, $293,311,066 for fiscal year
2019, $300,668,843 for fiscal year 2020
shall be for growing States under
section 5340(c); and
[(ii) $263,964,457 for fiscal year
2016, $265,304,279 for fiscal year
2017, $266,650,800 for fiscal year
2018, $268,004,054 for fiscal year
2019, $269,364,074 for fiscal year 2020
shall be for high density States under
section 5340(d).
[(b) Research, Development, Demonstration, and Deployment
Program.--There are authorized to be appropriated to carry out
section 5312, other than subsections (h) and (i) of that
section, $20,000,000 for each of fiscal years 2016 through
2020.
[(c) Technical Assistance and Training.--There are authorized
to be appropriated to carry out section 5314, $5,000,000 for
each of fiscal years 2016 through 2020.
[(d) Capital Investment Grants.--There are authorized to be
appropriated to carry out section 5309 of this title and
section 3005(b) of the Federal Public Transportation Act of
2015, $2,301,785,760 for each of fiscal years 2016 through
2020.
[(e) Administration.--
[(1) In general.--There are authorized to be
appropriated to carry out section 5334, $115,016,543
for each of fiscal years 2016 through 2020.
[(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than
$5,000,000 for each of fiscal years 2016 through 2020
shall be available to carry out section 5329.
[(3) Section 5326.--Of the amounts made available
under paragraph (2), not less than $2,000,000 for each
of fiscal years 2016 through 2020 shall be available to
carry out section 5326.
[(f) 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
0.25 percent of amounts made available for this
subparagraph shall be available to carry out
section 5329.
[(H) 0.75 percent of amounts made available
to carry out section 5339.
[(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.
[(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.
[(g) 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.
[(h) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.]
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) $17,894,460,367 for fiscal year 2023;
(B) $18,201,940,770 for fiscal year 2024;
(C) $18,551,676,708 for fiscal year 2025; and
(D) $18,901,573,693 for fiscal year 2026.
(2) Allocation of funds.--Of the amounts made
available under paragraph (1)--
(A) $189,879,151 for fiscal year 2023,
$192,841,266 for fiscal year 2024, $195,926,726
for fiscal year 2025, and $199,002,776 for
fiscal year 2026, shall be available to carry
out section 5305;
(B) $7,505,830,848 for fiscal year 2023,
$7,622,921,809 for fiscal year 2024,
$7,744,888,558 for fiscal year 2025, and
$7,866,483,309 for fiscal year 2026 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 2023,
$103,093,556 for fiscal year 2024, $104,743,053
for fiscal year 2025, and $106,387,519 for
fiscal year 2026 shall be available for grants
under section 5308;
(D) $434,830,298 for fiscal year 2023,
$441,613,651 for fiscal year 2024, $448,679,469
for fiscal year 2025, and $455,723,737 for
fiscal year 2026 shall be available to carry
out section 5310, of which not less than--
(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024,
$5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall
be available to carry out section
5310(j); and
(ii) $20,302,000 for fiscal year
2023, $20,618,711 for fiscal year 2024,
$20,948,611 for fiscal year 2025, and
$21,277,504 for fiscal year 2026 shall
be available to carry out section
5310(k);
(E) $1,025,199,724 for fiscal year 2023,
$1,041,192,839 for fiscal year 2024,
$1,057,851,925 for fiscal year 2025, and
$1,074,460,200 for fiscal year 2026 shall be
available to carry out section 5311, of which
not less than--
(i) $55,679,500 for fiscal year 2023,
$56,392,100 for fiscal year 2024,
$57,134,374 for fiscal year 2025, and
$57,874,383 for fiscal year 2026 shall
be available to carry out section
5311(c)(1); and
(ii) $50,755,000 for fiscal year
2023, $51,546,778 for fiscal year 2024,
$52,371,526 for fiscal year 2025, and
$53,193,759 for fiscal year 2026 shall
be available to carry out section
5311(c)(2);
(F) $53,498,300 for fiscal year 2023;
$54,020,873 for fiscal year 2024; $54,565,207
for fiscal year 2025; $55,107,881 for fiscal
year 2026 shall be available to carry out
section 5312, of which not less than--
(i) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024,
$5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall
be available to carry out each of
sections 5312(d)(3) and 5312(d)(4);
(ii) $3,045,300 for fiscal year 2023,
$3,092,807 for fiscal year 2024,
$3,142,292 for fiscal year 2025, and
$3,191,626 for fiscal year 2026 shall
be available to carry out section
5312(h);
(iii) $10,151,000 for fiscal year
2023, $10,309,356 for fiscal year 2024,
$10,474,305 for fiscal year 2025, and
$10,638,752 for fiscal year 2026 shall
be available to carry out section
5312(i); and
(iv) $10,075,500 for fiscal year
2023, $10,154,678 for fiscal year 2024,
$10,237,153 for fiscal year 2025, and
$10,319,376 shall be available to carry
out section 5312(j);
(G) $23,347,300 for fiscal year 2023,
$23,711,518 for fiscal year 2024, $24,090,902
for fiscal year 2025, and $24,469,129 for
fiscal year 2026 shall be available to carry
out section 5314, of which not less than--
(i) $4,060,400 for fiscal year 2023,
$4,123,742 for fiscal year 2024,
$4,189,722 for fiscal year 2025, and
$4,255,501 for fiscal year 2026 shall
be available to carry out section of
5314(a);
(ii) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024,
$5,237,153 for fiscal year 2025, and
$5,319,376 for fiscal year 2026 shall
be available to carry out section
5314(c); and
(iii) $12,181,200 for fiscal year
2023, $12,371,227 for fiscal year 2024,
$12,569,166 for fiscal year 2025, and
$12,766,502 for fiscal year 2026 shall
be available to carry out section
5314(b)(2);
(H) $5,075,500 for fiscal year 2023,
$5,154,678 for fiscal year 2024, $5,237,153 for
fiscal year 2025, and $5,319,376 for fiscal
year 2026 shall be available to carry out
section 5318;
(I) $30,453,000 for fiscal year 2023,
$30,928,067 for fiscal year 2024, $31,422,916
for fiscal year 2025, and $31,916,256 for
fiscal year 2026 shall be available to carry
out section 5328, of which not less than--
(i) $25,377,500 for fiscal year 2023,
$25,773,389 for fiscal year 2024,
$26,185,763 for fiscal year 2025, and
$26,596,880 for fiscal year 2026 shall
be available to carry out section of
5328(b); and
(ii) $2,537,750 for fiscal year 2023,
$2,577,339 for fiscal year 2024,
$2,618,576 for fiscal year 2025, and
$2,659,688 for fiscal year 2026 shall
be available to carry out section
5328(c);
(J) $4,060,400 for fiscal year 2023,
$4,123,742 for fiscal year 2024, $4,189,722 for
fiscal year 2025, and $4,255,501 for fiscal
year 2026 shall be available to carry out
section 5335;
(K) $5,366,233,728 for fiscal year 2023,
$5,460,789,084 for fiscal year 2024,
$5,560,170,578 for fiscal year 2025, and
$5,660,288,417 for fiscal year 2026 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
2023, $1,259,667,334 for fiscal year
2024, $1,279,832,171 for fiscal year
2025, and $1,299,925,536 for fiscal
year 2026; 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 2023,
$424,748,448 for fiscal year 2024, $387,944,423
for fiscal year 2025, and $351,100,151 for
fiscal year 2026 shall be available to carry
out section 5339(b);
(N) $890,000,000 for fiscal year 2023,
$950,000,000 for fiscal year 2024,
$1,065,000,000 for fiscal year 2025, and
$1,180,000,000 for fiscal year 2026 shall be
available to carry out section 5339(c); and
(O) $587,133,905 for each of fiscal years
2023 through 2026 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 2023 through 2026 shall be for
growing States under section 5340(c);
and
(ii) $277,444,997 for each of fiscal
years 2023 through 2026 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 2023, $4,250,000,000 for fiscal year 2024,
$5,000,000,000 for fiscal year 2025, and 5,500,000,000 for
fiscal year 2026.
(c) Administration.--
(1) In general.--There are authorized to be
appropriated to carry out section 5334, $142,060,785
for fiscal year 2023, $144,191,696 for fiscal year
2024, $146,412,248 for fiscal year 2025, and
148,652,356 for fiscal year 2026.
(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than
$6,000,000 for each of fiscal years 2023 through 2026
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 2023 through 2026 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.
(I) 1 percent of amounts made available to
carry out section 5308.
(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.
(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 from future appropriations 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.
(g) Limitation on Financial Assistance for State-owned
Enterprises.--
(1) In general.--Funds provided under this section
may not be used in awarding a contract, subcontract,
grant, or loan to an entity that is owned or controlled
by, is a subsidiary of, or is otherwise related legally
or financially to a corporation based in a country
that--
(A) is identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
the date of enactment of the INVEST in America
Act;
(B) was identified by the United States Trade
Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C. 2416).
(2) Exception.--For purposes of paragraph (1), the
term ``otherwise related legally or financially'' does
not include a minority relationship or investment.
(3) International agreements.--This subsection shall
be applied in a manner consistent with the obligations
of the United States under international agreements.
Sec. 5339. Grants for buses and bus facilities
(a) Formula Grants.--
(1) Definitions.--In this subsection and subsection
(d)--
(A) the [term ``low or no emission vehicle''
has] term ``zero emission vehicle'' has the
meaning given that term in subsection (c)(1);
(B) the term ``State'' means a State of the
United States and the District of Columbia; and
(C) the term ``territory'' means [the
District of Columbia,] Puerto Rico, the
Northern Mariana Islands, Guam, American Samoa,
and the United States Virgin Islands.
(2) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients
described in paragraph (4)(A) in financing capital
projects--
(A) to replace, rehabilitate, and purchase
buses and related equipment, including
technological changes or innovations to modify
[low or no emission vehicles] zero emission
vehicles or facilities; and
(B) to construct bus-related facilities.
(3) Grant requirements.--The requirements of--
(A) section 5307 shall apply to recipients of
grants made in urbanized areas under this
subsection; and
(B) section 5311 shall apply to recipients of
grants made in rural areas under this
subsection.
(4) Eligible recipients.--
(A) Recipients.--Eligible recipients under
this subsection and subsection (d) are--
(i) designated recipients that
allocate funds to fixed route bus
operators; or
(ii) State or local governmental
entities that operate fixed route bus
service.
(B) Subrecipients.--A recipient that receives
a grant under this subsection and subsection
(d) may allocate amounts of the grant to
subrecipients that are public agencies or
private nonprofit organizations engaged in
public transportation.
(5) Distribution of grant funds.--Funds allocated
under section 5338(a)(2)(L) shall be distributed as
follows:
(A) National distribution.--[$90,500,000]
$156,750,000 for each of fiscal years [2016
through 2020] 2023 through 2026 shall be
allocated to all States and territories, with
each State receiving [$1,750,000] $3,000,000
for each such fiscal year and each territory
receiving [$500,000] $750,000 for each such
fiscal year.
(B) Distribution using population and service
factors.--The remainder of the funds not
otherwise distributed under subparagraph (A)
shall be allocated pursuant to the formula set
forth in section 5336 other than subsection
(b).
(6) Transfers of apportionments.--
(A) Transfer flexibility for national
distribution funds.--The Governor of a State
may transfer any part of the State's
apportionment under paragraph (5)(A) to
supplement amounts apportioned to the State
under section 5311(c) or amounts apportioned to
urbanized areas under subsections (a) and (c)
of section 5336.
(B) Transfer flexibility for population and
service factors funds.--The Governor of a State
may expend in an urbanized area with a
population of less than 200,000 any amounts
apportioned under paragraph (5)(B) that are not
allocated to designated recipients in urbanized
areas with a population of 200,000 or more.
(7) Government share of costs.--
(A) Capital projects.--A grant for a capital
project under this subsection shall be for 80
percent of the net capital costs of the
project. A recipient of a grant under this
subsection may provide additional local
matching amounts.
(B) Remaining costs.--The remainder of the
net project cost shall be provided--
(i) in cash from non-Government
sources other than revenues from
providing public transportation
services;
(ii) from revenues derived from the
sale of advertising and concessions;
(iii) from an undistributed cash
surplus, a replacement or depreciation
cash fund or reserve, or new capital;
(iv) from amounts received under a
service agreement with a State or local
social service agency or private social
service organization[; or];
(v) from revenues generated from
value capture financing mechanisms[.];
or
(vi) transportation development
credits.
(C) Special rule for buses and related
equipment for zero emission vehicles.--
Notwithstanding subparagraph (A), a grant for a
capital project for buses and related equipment
for hybrid electric buses that make meaningful
reductions in energy consumption and harmful
emissions, including direct carbon emissions,
and zero emission vehicles under this
subsection shall be for 90 percent of the net
capital costs of the project. A recipient of a
grant under this subsection may provide
additional local matching amounts.
(8) Period of availability to recipients.--Amounts
made available under this subsection may be obligated
by a recipient for [3 fiscal years] 4 fiscal years
after the fiscal year in which the amount is
apportioned. Not later than 30 days after the end of
the [3-fiscal-year period] 4-fiscal-year period
described in the preceding sentence, any amount that is
not obligated on the last day of such period shall be
added to the amount that may be apportioned under this
subsection in the next fiscal year.
[(9) Pilot program for cost-effective capital
investment.--
[(A) In general.--For each of fiscal years
2016 through 2020, the Secretary shall carry
out a pilot program under which an eligible
recipient (as described in paragraph (4)) in an
urbanized area with population of not less than
200,000 and not more than 999,999 may elect to
participate in a State pool in accordance with
this paragraph.
[(B) Purpose of state pools.--The purpose of
a State pool shall be to allow for transfers of
formula grant funds made available under this
subsection among the designated recipients
participating in the State pool in a manner
that supports the transit asset management
plans of the designated recipients under
section 5326.
[(C) Requests for participation.--A State,
and eligible recipients in the State described
in subparagraph (A), may submit to the
Secretary a request for participation in the
program under procedures to be established by
the Secretary. An eligible recipient for a
multistate area may participate in only 1 State
pool.
[(D) Allocations to participating states.--
For each fiscal year, the Secretary shall
allocate to each State participating in the
program the total amount of funds that
otherwise would be allocated to the urbanized
areas of the eligible recipients participating
in the State's pool for that fiscal year
pursuant to the formulas referred to in
paragraph (5).
[(E) Allocations to eligible recipients in
state pools.--A State shall distribute the
amount that is allocated to the State for a
fiscal year under subparagraph (D) among the
eligible recipients participating in the
State's pool in a manner that supports the
transit asset management plans of the
recipients under section 5326.
[(F) Allocation plans.--A State participating
in the program shall develop an allocation plan
for the period of fiscal years 2016 through
2020 to ensure that an eligible recipient
participating in the State's pool receives
under the program an amount of funds that
equals the amount of funds that would have
otherwise been available to the eligible
recipient for that period pursuant to the
formulas referred to in paragraph (5).
[(G) Grants.--The Secretary shall make grants
under this subsection for a fiscal year to an
eligible recipient participating in a State
pool following notification by the State of the
allocation amount determined under subparagraph
(E).]
(b) [Buses and Bus Facilities Competitive Grants] Bus
Facilities and Fleet Expansion Competitive Grants.--
(1) In general.--The Secretary may make grants under
this subsection to eligible recipients (as described in
subsection (a)(4)) to assist in the financing of [buses
and] bus facilities capital projects and certain buses,
including--
(A) replacing, rehabilitating, purchasing, or
leasing [buses or related equipment] bus-
related facilities; and
[(B) rehabilitating, purchasing,
constructing, or leasing bus-related
facilities.]
(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.
[(2) Grant considerations.--In making grants under
this subsection, the Secretary shall consider the age
and condition of buses, bus fleets, related equipment,
and bus-related facilities.]
(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 that, in whole or
in part, encroaches within the limits
of a flood-prone area, the extent to
which the facility is designed and
constructed in a way that takes into
account, and mitigates where
appropriate, flood risk; 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.
(3) Statewide applications.--A State may submit a
statewide application on behalf of a public agency or
private nonprofit organization engaged in public
transportation in rural areas or other areas for which
the State allocates funds. The submission of a
statewide application shall not preclude the submission
and consideration of any application under this
subsection from other eligible recipients (as described
in subsection (a)(4)) in an urbanized area in a State.
(4) Requirements for the secretary.--The Secretary
shall--
(A) disclose all metrics and evaluation
procedures to be used in considering grant
applications under this subsection upon
issuance of the notice of funding availability
in the Federal Register; and
(B) publish a summary of final scores for
selected projects, metrics, and other
evaluations used in awarding grants under this
subsection in the Federal Register.
(5) Rural projects.--Not less than 10 percent of the
amounts made available under this subsection in a
fiscal year shall be distributed to projects in rural
areas.
(6) Grant requirements.--
(A) In general.--A grant under this
subsection shall be subject to the requirements
of--
(i) section 5307 for eligible
recipients of grants made in urbanized
areas; and
(ii) section 5311 for eligible
recipients of grants made in rural
areas.
[(B) Government share of costs.--The
Government share of the cost of an eligible
project carried out under this subsection shall
not exceed 80 percent.]
(B) Government share of costs.--
(i) In general.--The Government share
of the cost of an eligible project
carried out under this subsection shall
not exceed 80 percent.
(ii) Special rule for buses and
related equipment for zero emission
vehicles.--Notwithstanding clause (i),
the Government share of the cost of an
eligible project for the financing of
buses and related equipment for hybrid
electric buses that make meaningful
reductions in energy consumption and
harmful emissions, including direct
carbon emissions, and zero emission
vehicles shall not exceed 90 percent.
(7) Availability of funds.--Any amounts made
available to carry out this subsection--
(A) shall remain available for 3 fiscal years
after the fiscal year for which the amount is
made available; and
(B) that remain unobligated at the end of the
period described in subparagraph (A) shall be
added to the amount made available to an
eligible project in the following fiscal year.
(8) Limitation.--Of the amounts made available under
this subsection, not more than 10 percent may be
awarded to a single grantee.
(c) [Low or No Emission Grants] Zero Emission Grants.--
(1) Definitions.--In this subsection--
(A) the term ``direct carbon emissions''
means the quantity of direct greenhouse gas
emissions from a vehicle, as determined by the
Administrator of the Environmental Protection
Agency;
(B) the term ``eligible project'' means a
project or program of projects [in an eligible
area] for--
(i) acquiring [low or no emission]
zero emission vehicles;
(ii) leasing [low or no emission]
zero emission vehicles;
(iii) acquiring [low or no emission]
zero emission vehicles with a leased
power source;
(iv) constructing [facilities and
related equipment for low or no
emission] related equipment for zero
emission vehicles;
(v) leasing [facilities and related
equipment for low or no emission
vehicles;] related equipment for zero
emission vehicles; or
[(vi) constructing new public
transportation facilities to
accommodate low or no emission
vehicles; or]
[(vii)] (vi) rehabilitating or
improving existing public
transportation facilities to
accommodate [low or no emission] zero
emission vehicles;
(C) the term ``leased power source'' means a
removable power source, as defined in
subsection (c)(3) of section 3019 of the
Federal Public Transportation Act of 2015 that
is made available through a capital lease under
such section;
[(D) the term ``low or no emission bus''
means a bus that is a low or no emission
vehicle;
[(E) the term ``low or no emission vehicle''
means--
[(i) a passenger vehicle used to
provide public transportation that the
Secretary determines sufficiently
reduces energy consumption or harmful
emissions, including direct carbon
emissions, when compared to a
comparable standard vehicle; or
[(ii) a zero emission vehicle used to
provide public transportation;]
(D) the term ``zero emission bus'' means a
bus that is a zero emission vehicle;
(E) the term ``zero emission vehicle'' means
a vehicle used to provide public transportation
that produces no carbon dioxide or particulate
matter;
(F) the term ``recipient'' means a designated
recipient, a local governmental authority, or a
State that receives a grant under this
subsection for an eligible project; [and]
[(G) the term ``zero emission vehicle'' means
a low or no emission vehicle that produces no
carbon or particulate matter.]
(G) the term ``priority area'' means an area
that is--
(i) designated as a nonattainment
area for ozone or particulate matter
under section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d));
(ii) a maintenance area, as such term
is defined in section 5303, for ozone
or particulate matter; or
(iii) in a State that has enacted a
statewide zero emission bus transition
requirement, as determined by the
Secretary; and
(H) the term ``low-income community'' means
any population census tract if--
(i) the poverty rate for such tract
is at least 20 percent; or
(ii) in the case of a tract--
(I) not located within a
metropolitan area, the median
family income for such tract
does not exceed 80 percent of
statewide median family income;
or
(II) located within a
metropolitan area, the median
family income for such tract
does not exceed 80 percent of
the greater statewide median
family income or the
metropolitan area median family
income.
(2) General authority.--The Secretary may make grants
to recipients to finance eligible projects under this
subsection.
(3) Grant requirements.--
(A) In general.--A grant under this
subsection shall be subject to the requirements
of section 5307.
[(B) Government share of costs for certain
projects.--Section 5323(i) applies to eligible
projects carried out under this subsection,
unless the recipient requests a lower grant
percentage.]
[(C)] (B) Combination of funding sources.--
(i) Combination permitted.--An
eligible project carried out under this
subsection may receive funding under
section 5307 or any other provision of
law.
(ii) Government share.--Nothing in
this subparagraph shall be construed to
alter the Government share required
under paragraph (7), section 5307, or
any other provision of law.
(4) Competitive process.--The Secretary shall--
(A) not later than 30 days after the date on
which amounts are made available for obligation
under this subsection for a full fiscal year,
solicit grant applications for eligible
projects on a competitive basis; and
(B) award a grant under this subsection based
on the solicitation under subparagraph (A) not
later than the earlier of--
(i) 75 days after the date on which
the solicitation expires; or
(ii) the end of the fiscal year in
which the Secretary solicited the grant
applications.
[(5) Consideration.--In awarding grants under this
subsection, the Secretary shall only consider eligible
projects relating to the acquisition or leasing of low
or no emission buses or bus facilities that--
[(A) make greater reductions in energy
consumption and harmful emissions, including
direct carbon emissions, than comparable
standard buses or other low or no emission
buses; and
[(B) are part of a long-term integrated fleet
management plan for the recipient.]
(5) Grant eligibility.--In awarding grants under this
subsection, the Secretary shall make grants to eligible
projects relating to the acquisition or leasing of
equipment for zero-emission buses or zero-emission
buses--
(A) that procure--
(i) at least 10 zero emission buses;
(ii) if the recipient operates less
than 50 buses in peak service, at least
5 zero emission buses; or
(iii) hydrogen buses;
(B) for which the recipient's board of
directors has approved a long-term integrated
fleet management plan that--
(i) establishes--
(I) a goal by a set date to
convert the entire bus fleet to
zero emission buses; or
(II) 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
(ii) examines the impact of the
transition on the applicant's current
workforce, by identifying skills gaps,
training needs, and retraining needs of
the existing workers of such applicant
to operate and maintain zero-emission
vehicles and related infrastructure,
and avoids the displacement of the
existing workforce; 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.
(6) Availability of funds.--Any amounts made
available to carry out this subsection--
(A) shall remain available to an eligible
project for 3 fiscal years after the fiscal
year for which the amount is made available;
and
(B) that remain unobligated at the end of the
period described in subparagraph (A) shall be
added to the amount made available to an
eligible project in the following fiscal year.
(7) Government share of costs.--
(A) In general.--The Federal share of the
cost of an eligible project carried out under
this subsection shall not exceed [80] 90
percent.
(B) Non-federal share.--The non-Federal share
of the cost of an eligible project carried out
under this subsection may be derived from in-
kind contributions.
(8) Low and moderate community grants.--Not less than
10 percent of the amounts made available under this
subsection in a fiscal year shall be distributed to
projects serving predominantly low-income communities.
(9) Priority set-aside.--Of the amounts made
available under this subsection in a fiscal year, not
less than--
(A) 20 percent shall be distributed to
applicants in priority areas; and
(B) 10 percent shall be distributed to
applicants not located in priority areas whose
board of directors have approved a long-term
integrated fleet management plan that
establishes a goal to convert 100 percent of
their bus fleet to zero-emission buses within
15 years.
(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 at
least 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), using the data from the 20 percent of
eligible recipients and subrecipients.
(4) Rural allocation.--The Secretary shall--
(A) calculate the percentage of funds under
section 5338(a)(2)(L)(ii) to allocate to rural
subrecipients by dividing--
(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 2023 and fiscal
year 2024.
(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.
(e) Workforce Development Training Grants.--
(1) In general.--Not less than 12.5 percent of funds
authorized to be made available for subsection (c)
shall be available to fund workforce development
training eligible under section 5314(b)(2) (including
registered apprenticeships and other labor-management
training programs), related to operations or
maintenance of zero emission vehicles.
(2) Eligible recipients.--Recipients eligible under
subsection (c) shall be eligible to receive a grant
under this subsection.
(3) Federal share.--The Federal share of the cost of
an eligible project carried out under this subsection
shall be 100 percent.
(4) Prioritization.--In making grants under this
subsection, the Secretary shall prioritize applications
that jointly fund training as part of a vehicle
procurement application under subsection (c).
Sec. 5340. Apportionments based on growing States and high density
States formula factors
(a) Definition.--In this section, the term ``State'' shall
mean each of the 50 States of the United States and the
District of Columbia.
(b) Allocation.--The Secretary shall apportion the amounts
made available under section [5338(b)(2)(N)] 5338(a)(2)(O) in
accordance with subsection (c) and subsection (d).
(c) Growing State Apportionments.--
(1) Apportionment among states.--The amounts
apportioned under subsection (b)(1) shall provide each
State with an amount equal to the total amount
apportioned multiplied by a ratio equal to the
population of that State forecast for the year that is
15 years after the most recent decennial census,
divided by the total population of all States forecast
for the year that is 15 years after the most recent
decennial census. Such forecast shall be based on the
population trend for each State between the most recent
decennial census and the most recent estimate of
population made by the Secretary of Commerce.
(2) Apportionments between urbanized areas and other
than urbanized areas in each state.--
(A) In general.--The Secretary shall
apportion amounts to each State under paragraph
(1) so that urbanized areas in that State
receive an amount equal to the amount
apportioned to that State multiplied by a ratio
equal to the sum of the forecast population of
all urbanized areas in that State divided by
the total forecast population of that State. In
making the apportionment under this
subparagraph, the Secretary shall utilize any
available forecasts made by the State. If no
forecasts are available, the Secretary shall
utilize data on urbanized areas and total
population from the most recent decennial
census.
(B) Remaining amounts.--Amounts remaining for
each State after apportionment under
subparagraph (A) shall be apportioned to that
State and added to the amount made available
for grants under section 5311.
(3) Apportionments among urbanized areas in each
state.--The Secretary shall apportion amounts made
available to urbanized areas in each State under
paragraph (2)(A) so that each urbanized area receives
an amount equal to the amount apportioned under
paragraph (2)(A) multiplied by a ratio equal to the
population of each urbanized area divided by the sum of
populations of all urbanized areas in the State.
Amounts apportioned to each urbanized area shall be
added to amounts apportioned to that urbanized area
under section 5336, and made available for grants under
section 5307.
(d) High Density State Apportionments.--Amounts to be
apportioned under subsection (b)(2) shall be apportioned as
follows:
(1) Eligible states.--The Secretary shall designate
as eligible for an apportionment under this subsection
all States with a population density in excess of 370
persons per square mile.
(2) State urbanized land factor.--For each State
qualifying for an apportionment under paragraph (1),
the Secretary shall calculate an amount equal to--
(A) the total land area of the State (in
square miles); multiplied by
(B) 370; multiplied by
(C)(i) the population of the State in
urbanized areas; divided by
(ii) the total population of the State.
(3) State apportionment factor.--For each State
qualifying for an apportionment under paragraph (1),
the Secretary shall calculate an amount equal to the
difference between the total population of the State
less the amount calculated in paragraph (2).
(4) State apportionment.--Each State qualifying for
an apportionment under paragraph (1) shall receive an
amount equal to the amount to be apportioned under this
subsection multiplied by the amount calculated for the
State under paragraph (3) divided by the sum of the
amounts calculated under paragraph (3) for all States
qualifying for an apportionment under paragraph (1).
(5) Apportionments among urbanized areas in each
state.--The Secretary shall apportion amounts made
available to each State under paragraph (4) so that
each urbanized area receives an amount equal to the
amount apportioned under paragraph (4) multiplied by a
ratio equal to the population of each urbanized area
divided by the sum of populations of all urbanized
areas in the State. Amounts apportioned to each
urbanized area shall be added to amounts apportioned to
that urbanized area under section 5336, and made
available for grants under section 5307.
Sec. 5341. U.S. Employment Plan
(a) Definitions.--In this section:
(1) Commitment to high-quality career and business
opportunities.--The term ``commitment to high-quality
career and business opportunities'' means participation
in a registered apprenticeship program.
(2) Covered infrastructure program.--The term
``covered infrastructure program'' means any activity
under a program or project under this chapter for the
purchase or acquisition of rolling stock.
(3) U.S. employment plan.--The term ``U.S. Employment
Plan'' means a plan under which an entity receiving
Federal assistance for a project under a covered
infrastructure program shall--
(A) include in a request for proposal an
encouragement for bidders to include, with
respect to the project--
(i) high-quality wage, benefit, and
training commitments by the bidder and
the supply chain of the bidder for the
project; and
(ii) a commitment to recruit and hire
individuals described in subsection (e)
if the project results in the hiring of
employees not currently or previously
employed by the bidder and the supply
chain of the bidder for the project;
(B) give preference for the award of the
contract to a bidder that includes the
commitments described in clauses (i) and (ii)
of subparagraph (A); and
(C) ensure that each bidder that includes the
commitments described in clauses (i) and (ii)
of subparagraph (A) that is awarded a contract
complies with those commitments.
(4) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an
apprenticeship program registered under the Act of
August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.), including any requirement,
standard, or rule promulgated under such Act, as such
requirement, standard, or rule was in effect on
December 30, 2019.
(b) Best-Value Framework.--To the maximum extent practicable,
a recipient of assistance under a covered infrastructure
program is encouraged--
(1) to ensure that each dollar invested in
infrastructure uses a best-value contracting framework
to maximize the local value of federally funded
contracts by evaluating bids on price and other
technical criteria prioritized in the bid, such as--
(A) equity;
(B) environmental and climate justice;
(C) impact on greenhouse gas emissions;
(D) resilience;
(E) the results of a 40-year life-cycle
analysis;
(F) safety;
(G) commitment to creating or sustaining
high-quality job opportunities affiliated with
registered apprenticeship programs (as defined
in subsection (a)(3)) for disadvantaged or
underrepresented individuals in infrastructure
industries in the United States; and
(H) access to jobs and essential services by
all modes of travel for all users, including
individuals with disabilities; and
(2) to ensure community engagement, transparency, and
accountability in carrying out each stage of the
project.
(c) Preference for Registered Apprenticeship Programs.--To
the maximum extent practicable, a recipient of assistance under
a covered infrastructure program, with respect to the project
for which the assistance is received, shall give preference to
a bidder that demonstrates a commitment to high-quality job
opportunities affiliated with registered apprenticeship
programs.
(d) Use of U.S. Employment Plan.--Notwithstanding any other
provision of law, in carrying out a project under a covered
infrastructure program that receives assistance under this
chapter, the recipient shall use a U.S. Employment Plan for
each contract of $10,000,000 or more for the purchase of
manufactured goods or of services, based on an independent cost
estimate.
(e) Priority.--The Secretary shall ensure that the entity
carrying out a project under the covered infrastructure program
gives priority to--
(1) individuals with a barrier to employment (as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)), including ex-
offenders and disabled individuals;
(2) veterans; and
(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure
workforce, such as women and racial and ethnic
minorities.
(f) Report.--Not less frequently than once each fiscal year,
the Secretary shall jointly submit to Congress a report
describing the implementation of this section.
(g) Intent of Congress.--
(1) In general.--It is the intent of Congress--
(A) to encourage recipients of Federal
assistance under covered infrastructure
programs to use a best-value contracting
framework described in subsection (b) for the
purchase of goods and services;
(B) to encourage recipients of Federal
assistance under covered infrastructure
programs to use preferences for registered
apprenticeship programs as described in
subsection (c) when evaluating bids for
projects using that assistance;
(C) to require that recipients of Federal
assistance under covered infrastructure
programs use the U.S. Employment Plan in
carrying out the project for which the
assistance was provided; and
(D) that full and open competition under
covered infrastructure programs means a
procedural competition that prevents
corruption, favoritism, and unfair treatment by
recipient agencies.
(2) Inclusion.--A best-value contracting framework
described in subsection (b) is a framework that
authorizes a recipient of Federal assistance under a
covered infrastructure program, in awarding contracts,
to evaluate a range of factors, including price, the
quality of products, the quality of services, and
commitments to the creation of good jobs for all people
in the United States.
* * * * * * *
CHAPTER 55--INTERMODAL TRANSPORTATION
SUBCHAPTER I--GENERAL
Sec.
* * * * * * *
5506. Unsolicited research initiative.
5507. National highly automated vehicle and mobility innovation
clearinghouse.
5508. Transportation workforce outreach program.
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 5505. University transportation centers program
(a) University Transportation Centers Program.--
(1) Establishment and operation.--The Secretary shall
make grants under this section to eligible nonprofit
institutions of higher education to establish and
operate university transportation centers.
(2) Role of centers.--The role of each university
transportation center referred to in paragraph (1)
shall be--
(A) to advance transportation expertise and
technology in the varied disciplines that
comprise the field of transportation through
education, research, and technology transfer
activities;
(B) to provide for a critical transportation
knowledge base outside of the Department of
Transportation; and
(C) to address critical workforce needs and
educate the next generation of transportation
leaders.
(b) Competitive Selection Process.--
(1) Applications.--To receive a grant under this
section, a consortium of nonprofit institutions of
higher education shall submit to the Secretary an
application that is in such form and contains such
information as the Secretary may require.
(2) Restriction.--
(A) Limitation.--A lead institution of a
consortium of nonprofit institutions of higher
education, as applicable, may only receive 1
grant per fiscal year for each of the
transportation centers described under
paragraphs (2), (3), and (4) of subsection (c).
(B) Exception for consortium members that are
not lead institutions.--Subparagraph (A) shall
not apply to a nonprofit institution of higher
education that is a member of a consortium of
nonprofit institutions of higher education but
not the lead institution of such consortium.
(3) Coordination.--The Secretary shall solicit grant
applications for national transportation centers,
regional transportation centers, and Tier 1 university
transportation centers with identical advertisement
schedules and deadlines.
(4) General selection criteria.--
(A) In general.--Except as otherwise provided
by this section, the Secretary shall award
grants under this section in nonexclusive
candidate topic areas established by the
Secretary that address the [research priorities
identified in chapter 65.] 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.
(B) Criteria.--The Secretary, in consultation
with the Assistant Secretary for Research and
[Technology and] Technology, the Administrator
of the Federal Highway Administration, the
Administrator of the Federal Transit
Administration, [and other modal
administrations as appropriate] and the
Administrators of other operating
administrations, as appropriate, shall select
each recipient of a grant under this section
through a competitive process based on the
assessment of the Secretary relating to--
(i) the demonstrated ability of the
recipient to address each specific
topic area described in the research
and strategic plans of the recipient;
(ii) the demonstrated research,
technology transfer, and education
resources available to the recipient to
carry out this section;
(iii) the ability of the recipient to
provide leadership in solving immediate
and long-range national and regional
transportation problems;
(iv) the ability of the recipient to
carry out research, education, and
technology transfer activities that are
multimodal and multidisciplinary in
scope;
(v) the demonstrated commitment of
the recipient to carry out
transportation workforce development
programs through--
(I) degree-granting programs
or programs that provide other
industry-recognized
credentials; and
(II) outreach activities to
attract new entrants into the
transportation field, including
women and underrepresented
populations;
(vi) the demonstrated ability of the
recipient to disseminate results and
spur the implementation of
transportation research and education
programs through national or statewide
continuing education programs;
(vii) the demonstrated commitment of
the recipient to the use of peer review
principles and other research best
practices in the selection, management,
and dissemination of research projects;
(viii) the strategic plan submitted
by the recipient describing the
proposed research to be carried out by
the recipient and the performance
metrics to be used in assessing the
performance of the recipient in meeting
the stated research, technology
transfer, education, and outreach
goals; and
(ix) the ability of the recipient to
implement the proposed program in a
cost-efficient manner, such as through
cost sharing and overall reduced
overhead, facilities, and
administrative costs.
(5) Transparency.--
(A) In general.--The Secretary shall provide
to each applicant, upon request, any materials,
including copies of reviews (with any
information that would identify a reviewer
redacted), used in the evaluation process of
the proposal of the applicant.
(B) Reports.--The Secretary shall submit to
the Committees on Transportation and
Infrastructure and Science, Space, and
Technology of the House of Representatives and
the Committee on Environment and Public Works
of the Senate a report describing the overall
review process under paragraph (4) that
includes--
(i) specific criteria of evaluation
used in the review;
(ii) descriptions of the review
process; and
(iii) explanations of the selected
awards.
(6) Outside stakeholders.--The Secretary shall, to
the maximum extent practicable, consult external
stakeholders, including the Transportation Research
Board of the National Research Council of the National
Academies, to evaluate and competitively review all
proposals.
(7) Focused research considerations.--In awarding
grants under this section, the Secretary shall consider
how the program under this section advances research on
the cybersecurity implications of technologies relating
to connected vehicles, connected infrastructure, and
automated vehicles.
(c) Grants.--
(1) In general.--[Not later than 1 year after the
date of enactment of this section,]
(A) Selection of grants._Not later than 1
year after the date of enactment of the INVEST
in America Act, the Secretary shall select
grant recipients under subsection (b) and make
grant amounts available to the selected
recipients.
(B) Limitations.--A grant under this
subsection may not include a cooperative
agreement described in section 6305 of title
31.
(2) National transportation centers.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall provide grants to [5
consortia] 6 consortia that the Secretary
determines best meet the criteria described in
subsection (b)(4).
(B) Restrictions.--
(i) In general.--For each fiscal
year, a grant made available under this
paragraph shall be [not greater than
$4,000,000 and not less than
$2,000,000] not greater than $4,250,000
and not less than $2,250,000 per
recipient.
(ii) Focused research.--A consortium
receiving a grant under this paragraph
shall focus research on 1 of the
transportation issue areas specified in
[section 6503(c)] subsection (b)(4)(A).
(C) Matching requirement.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
a grant recipient shall match [100
percent] 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) of title
23; or
(II) section 505 of title 23.
(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).
(3) Regional university transportation centers.--
(A) Location of regional centers.--One
regional university transportation center shall
be located in each of the 10 Federal regions
that comprise the Standard Federal Regions
established by the Office of Management and
Budget in the document entitled ``Standard
Federal Regions'' and dated April 1974
(circular A-105).
(B) Selection criteria.--In conducting a
competition under subsection (b), the Secretary
shall provide grants to 10 consortia on the
basis of--
(i) the criteria described in
subsection (b)(4);
(ii) the location of the lead center
within the Federal region to be served;
and
(iii) whether the consortium of
institutions demonstrates that the
consortium has a well-established,
nationally recognized program in
transportation research and education,
as evidenced by--
(I) recent expenditures by
the institution in highway or
public transportation research;
(II) a historical track
record of awarding graduate
degrees in professional fields
closely related to highways and
public transportation; and
(III) an experienced faculty
who specialize in professional
fields closely related to
highways and public
transportation.
(C) Restrictions.--For each fiscal year, a
grant made available under this paragraph shall
be [not greater than $3,000,000 and not less
than $1,500,000] not greater than $3,250,000
and not less than $1,750,000 per recipient.
(D) Matching requirements.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
a grant recipient shall match [100
percent] 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) of title
23; or
(II) section 505 of title 23.
[(E) Focused research.--The Secretary shall
make a grant to 1 of the 10 regional university
transportation centers established under this
paragraph for the purpose of furthering the
objectives described in subsection (a)(2) in
the field of comprehensive transportation
safety, congestion, connected vehicles,
connected infrastructure, and autonomous
vehicles.]
(4) Tier 1 university transportation centers.--
(A) In general.--The Secretary shall provide
grants of not [greater than $2,000,000 and not
less than $1,000,000] greater than $2,250,000
and not less than $1,250,000 to not more than
20 recipients to carry out this paragraph.
(B) Matching requirement.--
(i) In general.--As a condition of
receiving a grant under this paragraph,
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) of title
23; or
(II) section 505 of title 23.
[(C) Focused research.--In awarding grants
under this section, consideration shall be
given to minority institutions, as defined by
section 365 of the Higher Education Act of 1965
(20 U.S.C. 1067k), or consortia that include
such institutions that have demonstrated an
ability in transportation-related research.]
(C) Consideration.--In awarding grants under
this section, the Secretary shall consider
historically black colleges and universities,
as such term is defined in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C.
1067q), and other minority institutions, as
such term is defined by section 365 of the
Higher Education Act (20 U.S.C. 1067k), or
consortia that include such institutions that
have demonstrated an ability in transportation-
related research.
(D) Focused research.--
(i) In general.--In awarding grants
under this section, the Secretary shall
select not less than one grant
recipient with each of the following
focus areas:
(I) Transit.
(II) Connected and automated
vehicle technology, including
cybersecurity implications of
technologies relating to
connected vehicles, connected
infrastructure, and automated
vehicle technology.
(III) Non-motorized
transportation, including
bicycle and pedestrian safety.
(IV) The surface
transportation workforce,
including--
(aa) current and
future workforce needs
and challenges; and
(bb) the impact of
technology on the
transportation sector.
(V) 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).
(d) Program Coordination.--
(1) In general.--The Secretary shall--
(A) coordinate the research, education, and
technology transfer activities carried out by
grant recipients under this section; and
(B) disseminate the results of that research
through the establishment and operation of a
publicly accessible online information
clearinghouse.
(2) Annual review and evaluation.--Not less
frequently than annually, and consistent with the plan
developed under section 6503, the Secretary shall--
(A) review and evaluate the programs carried
out under this section by grant recipients; and
(B) submit to the Committees on
Transportation and Infrastructure and Science,
Space, and Technology of the House of
Representatives and the Committees on
Environment and Public Works and Commerce,
Science, and Transportation of the Senate a
report describing that review and evaluation.
(3) Program evaluation and oversight.--For each of
[fiscal years 2016 through 2020] fiscal years 2023
through 2026, the Secretary shall expend not more than
1 and a half percent of the amounts made available to
the Secretary to carry out this section for any
coordination, evaluation, and oversight activities of
the Secretary under this section.
(e) Limitation on Availability of Amounts.--Amounts made
available to the Secretary to carry out this section 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.
(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.
[(f)] (g) 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 section, including
customer satisfaction assessments, shall not be subject to
chapter 35 of title 44.
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) Applications.--To receive funding under this section,
eligible entities shall submit to the Secretary an application
that is in such form and contains such information as the
Secretary may require.
(d) Report.--Not later than 18 months after the date of
enactment of this section, and annually thereafter, the
Secretary shall make available to the public on a public
website a report on the progress and findings of the 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 2023 through 2026 to carry out this
section.
(2) Funding flexibility.--
(A) In general.--For fiscal years 2023
through 2026, 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.
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 and mobility
innovation 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 is
designed to be operated by a level 3 or level 4
automated driving system for trips within its
operational design domain or a level 5 automated
driving system for all trips according to the
recommended standards published in April 2021, by the
Society of Automotive Engineers International (J3016l9
202104) or, when adopted, equivalent standards
established by the Secretary under chapter 301 of title
49, United States Code, with respect to automated motor
vehicles.
(2) 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 systems, real estate, accessibility,
municipal budgets, social equity, availability and
quality of jobs, air quality and climate, energy
consumption, and the environment.
Sec. 5508. Transportation workforce outreach program
(a) In General.--The Secretary shall establish and administer
a transportation workforce outreach program that carries out a
series of public service announcement campaigns during fiscal
years 2023 through 2026.
(b) Purpose.--The purpose of each campaign carried out under
the program shall be to achieve the following objectives:
(1) Increase awareness of career opportunities in the
transportation sector, including aviation pilots,
safety inspectors, mechanics and technicians, maritime
transportation workers, air traffic controllers, flight
attendants, truck drivers, engineers, transit workers,
railroad workers, and other transportation
professionals.
(2) Increase diversity, including race, gender,
ethnicity, and socioeconomic status, of professionals
in the transportation sector.
(c) Advertising.--The Secretary may use, or authorize the use
of, funds available to carry out the program for the
development, production, and use of broadcast, digital, and
print media advertising and outreach in carrying out campaigns
under this section.
(d) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated $5,000,000 for
each fiscal years 2023 through 2026.
* * * * * * *
CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS
Sec.
* * * * * * *
[6314. Port performance freight statistics program.]
* * * * * * *
Sec. 6305. Advisory council on transportation statistics
(a) In General.--[The Director shall establish and consult
with an advisory council on transportation statistics.]
Notwithstanding section 418 of the FAA Reauthorization Act of
2018 (Public Law 115-254), not later than 6 months after the
date of enactment of the INVEST in America Act, the Director
shall establish and consult with an advisory council on
transportation statistics.
(b) Function.--The advisory council established under this
section shall advise the Director on--
(1) the quality, reliability, consistency,
objectivity, and relevance of transportation statistics
and analyses collected, supported, or disseminated by
the Bureau and the Department; and
(2) methods to encourage cooperation and
interoperability of transportation data collected by
the Bureau, the operating administrations of the
Department, States, local governments, metropolitan
planning organizations, and private sector entities.
(c) Membership.--
(1) In general.--The advisory council shall be
composed of not fewer than 9 and not more than 11
members appointed by the Director.
(2) Selection.--In selecting members for the advisory
council, the Director shall appoint individuals who--
(A) are not officers or employees of the
United States;
(B) possess expertise in--
(i) transportation data collection,
analysis, or application;
(ii) economics; or
(iii) transportation safety; and
(C) represent a cross section of
transportation stakeholders, to the greatest
extent possible.
(d) Terms of Appointment.--
(1) In general.--Except as provided in paragraph (2),
members of the advisory council shall be appointed to
staggered terms not to exceed 3 years.
(2) Additional terms.--A member may be renominated
for 1 additional 3-year term.
[(3) Current members.--A member serving on an
advisory council on transportation statistics on the
day before the date of enactment of the Transportation
Research and Innovative Technology Act of 2012 shall
serve until the end of the appointed term of the
member.]
(e) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the advisory council established under this section, except
that section 14 of that Act shall not apply.
* * * * * * *
Sec. 6307. Furnishing of information, data, or reports by Federal
agencies
(a) In General.--Except as provided in subsection (b), a
Federal agency requested to furnish information, data, or
reports by the Director under section 6302(b)(3)(B) shall
provide the information to the Director.
(b) Prohibition on Certain Disclosures.--
(1) In general.--An officer, employee, or contractor
of the Bureau may not--
(A) make any disclosure in which the data
provided by an individual or organization under
section 6302(b)(3)(B) [or section 6314(b)] can
be identified;
(B) use the information provided under
section 6302(b)(3)(B) [or section 6314(b)] for
a nonstatistical purpose; or
(C) permit anyone other than an individual
authorized by the Director to examine any
individual report provided under section
6302(b)(3)(B) [or section 6314(b)].
(2) Copies of reports.--
(A) In general.--No department, bureau,
agency, officer, or employee of the United
States (except the Director in carrying out
this chapter) may require, for any reason, a
copy of any report that has been filed under
section 6302(b)(3)(B) [or section 6314(b)] with
the Bureau or retained by an individual
respondent.
(B) Limitation on judicial proceedings.--A
copy of a report described in subparagraph (A)
that has been retained by an individual
respondent or filed with the Bureau or any of
the employees, contractors, or agents of the
Bureau--
(i) shall be immune from legal
process; and
(ii) shall not, without the consent
of the individual concerned, be
admitted as evidence or used for any
purpose in any action, suit, or other
judicial or administrative proceedings.
(C) Applicability.--This paragraph shall
apply only to reports that permit information
concerning an individual or organization to be
reasonably determined by direct or indirect
means.
(3) Informing respondent of use of data.--If the
Bureau is authorized by statute to collect data or
information for a nonstatistical purpose, the Director
shall clearly distinguish the collection of the data or
information, by rule and on the collection instrument,
in a manner that informs the respondent who is
requested or required to supply the data or information
of the nonstatistical purpose.
(c) Transportation and Transportation-related Data Access.--
The Director shall be provided access to any transportation and
transportation-related information in the possession of any
Federal agency, except--
(1) information that is expressly prohibited by law
from being disclosed to another Federal agency; or
(2) information that the agency possessing the
information determines could not be disclosed without
significantly impairing the discharge of authorities
and responsibilities which have been delegated to, or
vested by law, in such agency.
* * * * * * *
[Sec. 6314. Port performance freight statistics program
[(a) In General.--The Director shall establish, on behalf of
the Secretary, a port performance statistics program to provide
nationally consistent measures of performance of, at a
minimum--
[(1) the Nation's top 25 ports by tonnage;
[(2) the Nation's top 25 ports by 20-foot equivalent
unit; and
[(3) the Nation's top 25 ports by dry bulk.
[(b) Reports.--
[(1) Port capacity and throughput.--Not later than
January 15 of each year, the Director shall submit an
annual report to Congress that includes statistics on
capacity and throughput at the ports described in
subsection (a).
[(2) Port performance measures.--The Director shall
collect port performance measures for each of the
United States ports referred to in subsection (a)
that--
[(A) receives Federal assistance; or
[(B) is subject to Federal regulation to
submit necessary information to the Bureau that
includes statistics on capacity and throughput
as applicable to the specific configuration of
the port.
[(c) Recommendations.--
[(1) In general.--The Director shall obtain
recommendations for--
[(A) port performance measures, including
specifications and data measurements to be used
in the program established under subsection
(a); and
[(B) a process for the Department to collect
timely and consistent data, including
identifying safeguards to protect proprietary
information described in subsection (b)(2).
[(2) Working group.--Not later than 60 days after the
date of the enactment of the Transportation for
Tomorrow Act of 2015, the Director shall commission a
working group composed of--
[(A) operating administrations of the
Department;
[(B) the Coast Guard;
[(C) the Federal Maritime Commission;
[(D) U.S. Customs and Border Protection;
[(E) the Marine Transportation System
National Advisory Council;
[(F) the Army Corps of Engineers;
[(G) the Great Lakes St. Lawrence Seaway
Development Corporation;
[(H) the Bureau of Labor Statistics;
[(I) the Maritime Advisory Committee for
Occupational Safety and Health;
[(J) the Advisory Committee on Supply Chain
Competitiveness;
[(K) 1 representative from the rail industry;
[(L) 1 representative from the trucking
industry;
[(M) 1 representative from the maritime
shipping industry;
[(N) 1 representative from a labor
organization for each industry described in
subparagraphs (K) through (M);
[(O) 1 representative from the International
Longshoremen's Association;
[(P) 1 representative from the International
Longshore and Warehouse Union;
[(Q) 1 representative from a port authority;
[(R) 1 representative from a terminal
operator;
[(S) representatives of the National Freight
Advisory Committee of the Department; and
[(T) representatives of the Transportation
Research Board of the National Academies of
Sciences, Engineering, and Medicine.
[(3) Recommendations.--Not later than 1 year after
the date of the enactment of the Transportation for
Tomorrow Act of 2015, the working group commissioned
under paragraph (2) shall submit its recommendations to
the Director.
[(d) Access to Data.--The Director shall ensure that--
[(1) the statistics compiled under this section--
[(A) are readily accessible to the public;
and
[(B) are consistent with applicable security
constraints and confidentiality interests; and
[(2) the data acquired, regardless of source, shall
be protected in accordance with section 3572 of title
44.]
* * * * * * *
CHAPTER 65--RESEARCH PLANNING
* * * * * * *
Sec. 6503. Transportation research and development 5-year strategic
plan
(a) In General.--[The Secretary] For the period of fiscal
years 2017 through 2022, and for each 5-year period thereafter,
the Secretary shall develop a 5-year transportation research
and development strategic plan to guide future Federal
transportation research and development activities.
(b) Consistency.--The strategic plan developed under
subsection (a) shall be consistent with--
(1) section 306 of title 5;
(2) sections 1115 and 1116 of title 31; and
(3) any other research and development plan within
the Department of Transportation.
(c) Contents.--The strategic plan developed under subsection
(a) shall--
(1) describe how the plan furthers the primary
purposes of the transportation research and development
program, which shall include--
(A) improving mobility of people and goods;
(B) reducing congestion;
(C) promoting safety and security in the
transportation system;
(D) improving the durability and extending
the life of transportation infrastructure and
the existing transportation system;
(E) preserving the environment[; and];
[(F) preserving the existing transportation
system;]
(F) reducing greenhouse gas emissions; and
(G) developing and maintaining a diverse
workforce in transportation sectors;
(2) for each of the purposes referred to in paragraph
(1), list the primary proposed research and development
activities that the Department of Transportation
intends to pursue to accomplish that purpose, which may
include--
(A) fundamental research pertaining to the
applied physical and natural sciences;
(B) applied science and research;
(C) technology development research; and
(D) social science research; and
(3) for each research and development activity--
(A) identify the anticipated annual funding
levels for the period covered by the strategic
plan; and
(B) describe the research findings the
Department expects to discover at the end of
the period covered by the strategic plan.
(d) Considerations.--The Secretary shall ensure that the
strategic plan developed under this section--
(1) reflects input from a wide range of external
stakeholders;
(2) includes and integrates the research and
development programs of all of the modal
administrations of the Department of Transportation,
including aviation, transit, rail, and maritime and
joint programs;
(3) takes into account research and development by
other Federal, State, local, private sector, and
nonprofit institutions;
(4) [not later than December 31, 2016,] not later
than December 31, 2022, is published on a public
website; and
(5) takes into account how research and development
by other Federal, State, private sector, and nonprofit
institutions--
(A) contributes to the achievement of the
purposes identified under subsection (c)(1);
and
(B) avoids unnecessary duplication of those
efforts.
(e) Interim Report.--Not later than 2 1/2 years after the
date of enactment of this chapter, the Secretary may publish on
a public website an interim report that--
(1) provides an assessment of the 5-year research and
development strategic plan of the Department of
Transportation described in this section; and
(2) includes a description of the extent to which the
research and development is or is not successfully
meeting the purposes described under subsection (c)(1).
* * * * * * *
CHAPTER 66--DOMESTIC PRODUCTION OF ELECTRIC VEHICLES
Sec.
6601. Task force.
6602. Critical mineral sourcing.
Sec. 6601. Task force
(a) Establishment.--The Secretary of Transportation shall
establish a Task Force to Promote American Vehicle
Competitiveness (hereinafter referred to as the ``Task Force'')
in accordance with this section.
(b) Membership.--
(1) In general.--The Task Force shall be composed of
the following officers:
(A) The Secretary of Transportation.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
(D) The Secretary of Energy.
(E) The Administrator of the Environmental
Protection Agency.
(2) Additional members.--The Secretary may designate
additional members to serve on the Task Force.
(3) Officers.--The Secretary of Transportation shall
serve as Chair and may designate officials to serve as
the Vice Chair, and on any working groups of the task
force.
(c) Duties.--The Task Force shall--
(1) identify and resolve any jurisdictional or
regulatory gaps or inconsistencies associated with
domestic sourcing and production of electric vehicle
batteries to eliminate, so far as practicable,
impediments to the prompt and safe deployment of
domestically produced electric vehicle batteries,
including with respect to safety regulation and
oversight, environmental review, and funding issues;
(2) coordinate agency oversight of nontraditional and
emerging electric vehicle battery sourcing and
production technologies, projects, and engagement with
external stakeholders;
(3) within applicable statutory authority other than
this subsection, develop, recommend, and establish
processes, solutions, and best practices for
identifying, managing, and resolving issues regarding
domestic sourcing and production of electric vehicle
batteries; and
(4) carry out such additional duties as the Secretary
of Transportation may prescribe, to the extend
consistent with this title.
(d) Report.--Not later than 12 months after the date of
enactment of this section, and annually thereafter, the Task
Force shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate a
report containing findings on electric vehicle battery sourcing
and production issues in the United States, recommended
strategies or measures to streamline sourcing and production
and promote American competitiveness, and any recommended
legislative solutions.
Sec. 6602. Critical mineral sourcing
(a) In General.--The Secretary of Transportation, in
conjunction with the Task Force to Promote American Vehicle
Competitiveness, shall coordinate with the appropriate agencies
to increase domestic sourcing of critical minerals and domestic
production of electric vehicle batteries.
(b) Department Coordination.--The Department of
Transportation shall coordinate with the Task Force and
prioritize accordingly when making awards under section 5339(c)
and sections 151 and 155 of title 23.
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 135--JURISDICTION
SUBCHAPTER I--MOTOR CARRIER TRANSPORTATION
* * * * * * *
Sec. 13506. Miscellaneous motor carrier transportation exemptions
(a) In General.--Neither the Secretary nor the Board has
jurisdiction under this part over--
(1) a motor vehicle transporting only school children
and teachers to or from school;
(2) a motor vehicle providing taxicab service;
(3) a motor vehicle owned or operated by or for a
hotel and only transporting hotel patrons between the
hotel and the local station of a carrier;
(4) a motor vehicle controlled and operated by a
farmer and transporting--
(A) the farmer's agricultural or
horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a
cooperative association (as defined by section 15(a) of
the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or
by a federation of cooperative associations if the
federation has no greater power or purposes than a
cooperative association, except that if the cooperative
association or federation provides transportation for
compensation between a place in a State and a place in
another State, or between a place in a State and
another place in the same State through another State--
(A) for a nonmember that is not a farmer,
cooperative association, federation, or the
United States Government, the transportation
(except for transportation otherwise exempt
under this subchapter)--
(i) shall be limited to
transportation incidental to the
primary transportation operation of the
cooperative association or federation
and necessary for its effective
performance; and
(ii) may not exceed in each fiscal
year 25 percent of the total
transportation of the cooperative
association or federation between those
places, measured by tonnage; and
(B) the transportation for all nonmembers may
not exceed in each fiscal year, measured by
tonnage, the total transportation between those
places for the cooperative association or
federation and its members during that fiscal
year;
(6) transportation by motor vehicle of--
(A) ordinary livestock;
(B) agricultural or horticultural commodities
(other than manufactured products thereof);
(C) commodities listed as exempt in the
Commodity List incorporated in ruling numbered
107, March 19, 1958, Bureau of Motor Carriers,
Interstate Commerce Commission, other than
frozen fruits, frozen berries, frozen
vegetables, cocoa beans, coffee beans, tea,
bananas, or hemp, or wool imported from a
foreign country, wool tops and noils, or wool
waste (carded, spun, woven, or knitted);
(D) cooked or uncooked fish, whether breaded
or not, or frozen or fresh shellfish, or
byproducts thereof not intended for human
consumption, other than fish or shellfish that
have been treated for preserving, such as
canned, smoked, pickled, spiced, corned, or
kippered products; and
(E) livestock and poultry feed and
agricultural seeds and plants, if such products
(excluding products otherwise exempt under this
paragraph) are transported to a site of
agricultural production or to a business
enterprise engaged in the sale to agricultural
producers of goods used in agricultural
production;
(7) a motor vehicle used only to distribute
newspapers;
(8)(A) transportation of passengers by motor vehicle
incidental to transportation by aircraft;
(B) transportation of property (including baggage) by
motor vehicle as part of a continuous movement which,
prior or subsequent to such part of the continuous
movement, has been or will be transported by an air
carrier or (to the extent so agreed by the United
States and approved by the Secretary) by a foreign air
carrier; or
(C) transportation of property by motor vehicle in
lieu of transportation by aircraft because of adverse
weather conditions or mechanical failure of the
aircraft or other causes due to circumstances beyond
the control of the carrier or shipper;
(9) the operation of a motor vehicle in a national
park or national monument;
(10) a motor vehicle carrying not more than 15
individuals in a single, daily roundtrip to commute to
and from work;
(11) transportation of used pallets and used empty
shipping containers (including intermodal cargo
containers), and other used shipping devices (other
than containers or devices used in the transportation
of motor vehicles or parts of motor vehicles);
(12) transportation of natural, crushed, vesicular
rock to be used for decorative purposes;
(13) transportation of wood chips;
(14) brokers for motor carriers of passengers, except
as provided in section 13904(d);
(15) transportation of broken, crushed, or powdered
glass; or
(16) the transportation of passengers by 9 to 15
passenger motor vehicles operated by youth or family
camps that provide recreational or educational
activities.
(b) Exempt Unless Otherwise Necessary.--Except to the extent
the Secretary or Board, as applicable, finds it necessary to
exercise jurisdiction to carry out the transportation policy of
section 13101, neither the Secretary nor the Board has
jurisdiction under this part over--
(1) transportation provided entirely in a
municipality, in contiguous municipalities, or in a
zone that is adjacent to, and commercially a part of,
the municipality or municipalities, except--
(A) when the transportation is under common
control, management, or arrangement for a
continuous carriage or shipment to or from a
place outside the municipality, municipalities,
or zone; or
(B) that in transporting passengers over a
route between a place in a State and a place in
another State, or between a place in a State
and another place in the same State through
another State, the transportation is exempt
from jurisdiction under this part only if the
motor carrier operating the motor vehicle also
is lawfully providing intrastate transportation
of passengers over the entire route under the
laws of each State through which the route
runs;
(2) transportation by motor vehicle provided
casually, occasionally, or reciprocally but not as a
regular occupation or business, except when a broker or
other person sells or offers for sale passenger
transportation provided by a person authorized to
transport passengers by motor vehicle under an
application pending, or registration issued, under this
part; [or]
(3) the emergency towing of an accidentally wrecked
or disabled motor vehicle[.]; or
(4) transportation by a motor vehicle designed or
used to transport between 9 and 15 passengers
(including the driver), whether operated alone or with
a trailer attached for the transport of recreational
equipment, that is operated by a person that provides
recreational activities if--
(A) the transportation is provided within a
150 air-mile radius of the location where
passengers are boarded; and
(B) the person operating the motor vehicle,
if transporting passengers over a route between
a place in a State and a place in another
State, is otherwise lawfully providing
transportation of passengers over the entire
route in accordance with applicable State law.
* * * * * * *
SUBTITLE V--RAIL PROGRAMS
* * * * * * *
PART A--SAFETY
* * * * * * *
CHAPTER 201--GENERAL
SUBCHAPTER I--GENERAL
Sec.
* * * * * * *
20122. New passenger service pre-revenue safety validation plan.
SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
* * * * * * *
20169. Freight train crew size safety standards.
20170. Assault prevention and response plans.
20171. Audit of qualification and certification programs.
20172. Safety management team communication.
20173. Time limit for blocking public highway-rail grade crossing.
20174. National blocked crossing database.
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 20103. General authority
(a) Regulations and Orders.--The Secretary of Transportation,
as necessary, shall prescribe regulations and issue orders for
every area of railroad safety supplementing laws and
regulations in effect on October 16, 1970. When prescribing a
security regulation or issuing a security order that affects
the safety of railroad operations, the Secretary of Homeland
Security shall consult with the Secretary.
(b) Regulations of Practice for Proceedings.--The Secretary
shall prescribe regulations of practice applicable to each
proceeding under this chapter. The regulations shall reflect
the varying nature of the proceedings and include time limits
for disposition of the proceedings. The time limit for
disposition of a proceeding may not be more than 12 months
after the date it begins.
(c) Consideration of Information and Standards.--In
prescribing regulations and issuing orders under this section,
the Secretary shall consider existing relevant safety
information and standards.
[(d) Nonemergency Waivers.--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. The Secretary
shall make public the reasons for granting the waiver.]
(d) Nonemergency Waivers.--
(1) In general.--The Secretary may waive or suspend
compliance with any part of a regulation prescribed or
order issued under this chapter if the waiver or
suspension 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 or suspension under this
subsection;
(B) make the application for such waiver or
suspension 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 or suspension under this subsection
before making a final decision; and
(D) make public the reasons for granting a
waiver or suspension 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.
(e) Hearings.--The Secretary shall conduct a hearing as
provided by section 553 of title 5 when prescribing a
regulation or issuing an order under this part, including a
regulation or order establishing, amending, or providing a
waiver, described in subsection (d), of compliance with a
railroad safety regulation prescribed or order issued under
this part. An opportunity for an oral presentation shall be
provided.
(f) Tourist Railroad Carriers.--In prescribing regulations
that pertain to railroad safety that affect tourist, historic,
scenic, or excursion railroad carriers, the Secretary of
Transportation shall take into consideration any financial,
operational, or other factors that may be unique to such
railroad carriers. The Secretary shall submit a report to
Congress not later than September 30, 1995, on actions taken
under this subsection.
(g) Emergency Waivers.--
(1) In general.--The Secretary may waive compliance
with any part of a regulation prescribed or order
issued under this part without prior notice and comment
if the Secretary determines that--
(A) it is in the public interest to grant the
waiver;
(B) the waiver is not inconsistent with
railroad safety; and
(C) the waiver is necessary to address an
actual or impending emergency situation or
emergency event.
(2) Period of waiver.--A waiver under this subsection
may be issued for a period of not more than 60 days and
may be renewed upon application to the Secretary only
after notice and an opportunity for a hearing on the
waiver. The Secretary shall immediately revoke the
waiver if continuation of the waiver would not be
consistent with the goals and objectives of this part.
(3) Statement of reasons.--The Secretary shall state
in the decision issued under this subsection the
reasons for granting the waiver.
(4) Consultation.--In granting a waiver under this
subsection, the Secretary shall consult and coordinate
with other Federal agencies, as appropriate, for
matters that may impact such agencies.
(5) Emergency situation; emergency event.--In this
subsection, the terms ``emergency situation'' and
``emergency event'' mean a natural or manmade disaster,
such as a hurricane, flood, earthquake, mudslide,
forest fire, snowstorm, terrorist act, biological
outbreak, release of a dangerous radiological,
chemical, explosive, or biological material, or a war-
related activity, that poses a risk of death, serious
illness, severe injury, or substantial property damage.
The disaster may be local, regional, or national in
scope.
* * * * * * *
Sec. 20108. Research, development, testing, and training
(a) General.--The Secretary of Transportation shall carry
out, as necessary, research, development, testing, evaluation,
and training for every area of railroad safety.
(b) Contracts.--To carry out this part, the Secretary may
make contracts for, and carry out, research, development,
testing, evaluation, and training (particularly for those areas
of railroad safety found to need prompt attention).
(c) Amounts From Non-Government Sources for Training Safety
Employees.--The Secretary may request, receive, and expend
amounts received from non-United States Government sources for
expenses incurred in training safety employees of private
industry, State and local authorities, or other public
authorities, except State rail safety inspectors participating
in training under section 20105 of this title.
(d) Rail Research and Development Center of Excellence.--
(1) Center of excellence.--The Secretary may provide
a grant to an entity described in paragraph (2) to
establish a Center of Excellence to advance research
and development that improves the safety, efficiency,
and reliability of passenger and freight rail
transportation.
(2) Eligibility.--An institution of higher education
(as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1002)) or a consortium of nonprofit
institutions of higher education shall be eligible to
receive a grant under this subsection.
(3) Selection criteria.--In awarding a grant under
this subsection, the Secretary may--
(A) give preference to an applicant with
strong past performance related to rail
research, education, and workforce development
activities;
(B) consider the extent to which the
applicant would involve public passenger and
private and public freight railroad operators;
and
(C) consider the regional and national
impacts of the applicant's proposal.
(4) Use of funds.--Amounts awarded under this
subsection may be used to establish and operate the
Center of Excellence described in paragraph (1) and for
research, evaluation, education, and workforce
development and training efforts related to safety,
environmental sustainability, and reliability of rail
transportation, including--
(A) rolling stock;
(B) positive train control;
(C) human factors, systems design, or
fatigue;
(D) rail infrastructure;
(E) shared corridors;
(F) grade crossings;
(G) rail systems maintenance;
(H) network resiliency;
(I) programs to train railroad workers in
needed skills; and
(J) the development of programs or
partnerships to raise awareness of railroad
employment opportunities, in coordination with
the Federal Railroad Administration.
(5) Federal share.--The Federal share of the cost of
an activity carried out with a grant under this
subsection shall be 50 percent.
* * * * * * *
[Sec. 20117. Authorization of appropriations
[(a) In General.--(1) There are authorized to be appropriated
to the Secretary of Transportation to carry out this part and
to carry out responsibilities under chapter 51 as delegated or
authorized by the Secretary--
[(A) $225,000,000 for fiscal year 2009;
[(B) $245,000,000 for fiscal year 2010;
[(C) $266,000,000 for fiscal year 2011;
[(D) $289,000,000 for fiscal year 2012; and
[(E) $293,000,000 for fiscal year 2013.
[(2) With amounts appropriated pursuant to paragraph (1), the
Secretary shall purchase Gage Restraint Measurement System
vehicles and track geometry vehicles or other comparable
technology as needed to assess track safety consistent with the
results of the track inspection study required by section 403
of the Rail Safety Improvement Act of 2008.
[(3) There are authorized to be appropriated to the Secretary
$18,000,000 for the period encompassing fiscal years 2009
through 2013 to design, develop, and construct the Facility for
Underground Rail Station and Tunnel at the Transportation
Technology Center in Pueblo, Colorado. The facility shall be
used to test and evaluate the vulnerabilities of above-ground
and underground rail tunnels to prevent accidents and incidents
in such tunnels, to mitigate and remediate the consequences of
any such accidents or incidents, and to provide a realistic
scenario for training emergency responders.
[(4) Such sums as may be necessary from the amount
appropriated pursuant to paragraph (1) for each of the fiscal
years 2009 through 2013 shall be made available to the
Secretary for personnel in regional offices and in Washington,
D.C., whose duties primarily involve rail security.
[(b) Grade Crossing Safety.--Not more than $1,000,000 may be
appropriated to the Secretary for improvements in grade
crossing safety, except demonstration projects under section
20134(c) of this title. Amounts appropriated under this
subsection remain available until expended.
[(c) Research and Development, Automated Track Inspection,
and State Participation Grants.--Amounts appropriated under
this section for research and development, automated track
inspection, and grants under section 20105(e) of this title
remain available until expended.
[(d) Minimum Available for Certain Purposes.--At least 50
percent of the amounts appropriated to the Secretary for a
fiscal year to carry out railroad research and development
programs under this chapter or another law shall be available
for safety research, improved track inspection and information
acquisition technology, improved railroad freight
transportation, and improved railroad passenger systems.
[(e) Operation Lifesaver.--In addition to amounts otherwise
authorized by law, there are authorized to be appropriated for
railroad research and development $300,000 for fiscal year
1995, $500,000 for fiscal year 1996, and $750,000 for fiscal
year 1997, to support Operation Lifesaver, Inc.]
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) $290,500,000 for fiscal year 2022;
(B) $303,300,000 for fiscal year 2023;
(C) $316,100,000 for fiscal year 2024;
(D) $324,400,000 for fiscal year 2025; and
(E) $332,900,000 for fiscal year 2026.
(2) Automated track inspection program and data
analysis.--From the funds made available under
paragraph (1) for each of fiscal years 2022 through
2026, 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) Regional planning guidance.--The Secretary may
withhold up to $20,000,000 from the amounts made
available for each fiscal year under paragraph (1) to
facilitate and provide guidance for regional planning
processes, including not more than $500,000 annually
for each interstate rail compact.
(5) Railroad safety inspectors.--
(A) In general.--The Secretary shall ensure
that the number of full-time equivalent
railroad safety inspection personnel employed
by the Office of Railroad Safety of the Federal
Railroad Administration does not fall below the
following:
(i) 379 for fiscal year 2022;
(ii) 403 for fiscal year 2023;
(iii) 422 for fiscal year 2024;
(iv) 424 for fiscal year 2025; and
(v) 426 for fiscal year 2026.
(B) Consideration.--In meeting the minimum
railroad safety inspector levels under
subparagraph (A), the Secretary shall consider
the ability of railroad safety inspectors to
analyze railroad safety data.
(C) Funding.--From the amounts made available
to the Secretary under subsection (a)(1), the
Secretary shall use the following amounts to
carry out subparagraph (A):
(i) $3,244,104 for fiscal year 2022.
(ii) $6,488,208 for fiscal year 2023.
(iii) $9,056,457 for fiscal year
2024.
(iv) $9,326,799 for fiscal year 2025.
(v) $9,597,141 for fiscal year 2026.
(6) Other safety personnel.--
(A) Increase in number of support
employees.--The Secretary shall, for each of
fiscal years 2022 and 2023, increase by 10 the
total number of full-time equivalent employees
working as specialists, engineers, or analysts
in the field supporting inspectors compared to
the number of such employees employed in the
previous fiscal year.
(B) Funding.--From the amounts made available
to the Secretary under subsection (a)(1), the
Secretary shall use the following amounts to
carry out subparagraph (A):
(i) $1,631,380 for fiscal year 2022.
(ii) $3,262,760 for fiscal year 2023.
(iii) $3,262,760 for fiscal year
2024.
(iv) $3,262,760 for fiscal year 2025.
(v) $3,262,760 for fiscal year 2026.
(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) $67,000,000 for fiscal year 2022.
(B) $69,000,000 for fiscal year 2023.
(C) $71,000,000 for fiscal year 2024.
(D) $73,000,000 for fiscal year 2025.
(E) $75,000,000 for fiscal year 2026.
(2) Short line safety.--From funds made available
under paragraph (1) for each of fiscal years 2022
through 2026, 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, commuter, and intercity passenger
railroads; and
(B) to develop safety management systems for
Class II and Class III freight, commuter, and
intercity passenger railroads through the
continued development of safety culture
assessments, transportation emergency response
plans, training and education, outreach
activities, best practices for trespassing
prevention and employee trauma response, and
technical assistance.
(3) University rail climate innovation institute.--
(A) In general.--Of the amounts made
available under paragraph (1), the Secretary
may make available up to $20,000,000 for each
of fiscal years 2022 through 2026 to establish
the University Rail Climate Innovation
Institute under section 22913.
(B) Project management oversight.--The
Secretary may withhold up to 1 percent from the
total amounts appropriated under subparagraph
(A) for the costs of project management
oversight of the grant carried out under
section 22913.
(4) Suicide prevention research funding.--From funds
made available under paragraph (1) for each of fiscal
years 2022 through 2026, the Secretary may make
available not less than $1,000,000 for human factors
research undertaken by the Federal Railroad
Administration, including suicide countermeasure
evaluation, data exploration and quality improvement,
and other initiatives as appropriate.
* * * * * * *
Sec. 20122. New passenger service pre-revenue safety validation plan
(a) Safety Validation Plan.--
(1) In general.--The Secretary of Transportation
shall require a covered entity to submit to the
Secretary a safety validation plan to ensure the safe
operation of--
(A) a new intercity rail passenger
transportation or commuter rail passenger
transportation service;
(B) an intercity rail passenger
transportation or commuter rail passenger
transportation route that has not been in
revenue service for a period of more than 180
days; or
(C) an extension of an existing intercity
rail passenger transportation or commuter rail
passenger transportation route.
(2) Submission.--A covered entity shall submit a
safety validation plan required under paragraph (1) not
later than 30 days before the date on which such entity
begins revenue service of a service or route described
in paragraph (1).
(b) Requirements.--
(1) In general.--Not later than 60 days after the
date of enactment of the TRAIN Act, the Secretary shall
establish the requirements of the safety validation
plan described under subsection (a), including adequate
training of all relevant personnel and a minimum period
of simulated service to ensure operational readiness.
(2) Prohibition of service.--The Secretary shall
prohibit a covered entity from beginning a service
described in subsection (a)(1) until the entity is in
full compliance with the safety validation plan
required by such subsection.
(c) Amendment to Safety Validation Plan.--
(1) In general.--The Secretary shall require a
covered entity to submit to the Secretary for review
and approval any proposed amendment to a safety
validation plan required under subsection (a).
(2) Review and approval.--Not later than 5 working
days after the date on which the Secretary receives a
proposed amendment submitted under paragraph (1), the
Secretary shall review and approve or deny such
proposed amendment.
(3) Notification.--If the Secretary does not approve
a proposed amendment submitted under this subsection,
the Secretary shall provide written notice to the
covered entity of the specific areas in which the
proposed amendment is deficient. An entity may correct
such deficiencies and reapply for review and approval
under this subsection.
(d) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity''
means an entity providing regularly scheduled railroad
transportation that is intercity rail passenger
transportation or commuter rail passenger
transportation.
(2) Intercity rail passenger transportation; commuter
rail passenger transportation.--The terms ``intercity
rail passenger transportation'' and ``commuter rail
passenger transportation'' have the meanings given such
terms in section 24102.
SUBCHAPTER II--PARTICULAR ASPECTS OF SAFETY
* * * * * * *
Sec. 20152. Notification of grade crossing problems
(a) In General.--Not later than 18 months after the date of
enactment of the Rail Safety Improvement Act of 2008, the
Secretary of Transportation shall require each railroad carrier
to--
(1) establish and maintain a toll-free telephone
service for rights-of-way over which it dispatches
trains, to directly receive calls reporting--
(A) malfunctions of signals, crossing gates,
and other devices to promote safety at the
grade crossing of railroad tracks on those
rights-of-way and public or private roads;
(B) disabled vehicles blocking railroad
tracks at such grade crossings;
(C) obstructions to the view of a pedestrian
or a vehicle operator for a reasonable distance
in either direction of a train's approach; [or]
(D) blocked crossing incident, as defined in
section 20173; or
[(D)] (E) other safety information involving
such grade crossings;
(2) upon receiving a report pursuant to paragraph
(1)(A) or (B), immediately contact trains operating
near the grade crossing to warn them of the malfunction
or disabled vehicle;
(3) upon receiving a report pursuant to paragraph
(1)(A) or (B), and after contacting trains pursuant to
paragraph (2), contact, as necessary, appropriate
public safety officials having jurisdiction over the
grade crossing to provide them with the information
necessary for them to direct traffic, assist in the
removal of the disabled vehicle, or carry out other
activities as appropriate;
(4) upon receiving a report pursuant to [paragraph
(1)(C) or (D)] subparagraph (C), (D), or (E) of
paragraph (1), timely investigate the report, remove
the obstruction if possible, or correct the unsafe
circumstance; [and]
(5) ensure the placement at each grade crossing on
rights-of-way that it owns of appropriately located
signs, on which shall appear, at a minimum--
(A) a toll-free telephone number to be used
for placing calls described in paragraph (1) to
the railroad carrier dispatching trains on that
right-of-way;
(B) an explanation of the purpose of that
toll-free telephone number; and
(C) the grade crossing number assigned for
that crossing by the National Highway-Rail
Crossing Inventory established by the
Department of Transportation[.];
(6) upon receiving a report of a blocked crossing
pursuant to paragraph (1)(D), the railroad carrier
shall, within 14 days of receipt of the report--
(A) verify that the public highway-rail grade
crossing, as defined in section 20173, was
blocked for a period of at least 10 minutes;
and
(B) upon positive verification of the report,
enter the report into the national blocked
crossings database established in section
20174; and
(7) promptly inform the Secretary of any update to
the number maintained under paragraph (1).
(b) Waiver.--The Secretary may waive the requirement that the
telephone service be toll-free for Class II and Class III rail
carriers if the Secretary determines that toll-free service
would be cost prohibitive or unnecessary.
(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.
* * * * * * *
Sec. 20157. Implementation of positive train control systems
(a) In General.--
(1) Plan required.--Not later than 90 days after the
date of enactment of the Positive Train Control
Enforcement and Implementation Act of 2015, each Class
I railroad carrier and each entity providing regularly
scheduled intercity or commuter rail passenger
transportation shall submit to the Secretary of
Transportation a revised plan for implementing a
positive train control system by December 31, 2018,
governing operations on--
(A) its main line over which intercity rail
passenger transportation or commuter rail
passenger transportation, as defined in section
24102, is regularly provided;
(B) its main line over which poison- or
toxic-by-inhalation hazardous materials, as
defined in sections 171.8, 173.115, and 173.132
of title 49, Code of Federal Regulations, are
transported; and
(C) such other tracks as the Secretary may
prescribe by regulation or order.
(2) Implementation.--
(A) Contents of revised plan.--A revised plan
required under paragraph (1) shall--
(i) describe--
(I) how the positive train
control system will provide for
interoperability of the system
with the movements of trains of
other railroad carriers over
its lines; and
(II) how, to the extent
practical, the positive train
control system will be
implemented in a manner that
addresses areas of greater risk
before areas of lesser risk;
(ii) comply with the positive train
control system implementation plan
content requirements under section
236.1011 of title 49, Code of Federal
Regulations; and
(iii) provide--
(I) the calendar year or
years in which spectrum will be
acquired and will be available
for use in each area as needed
for positive train control
system implementation, if such
spectrum is not already
acquired and available for use;
(II) the total amount of
positive train control system
hardware that will be installed
for implementation, with totals
separated by each major
hardware category;
(III) the total amount of
positive train control system
hardware that will be installed
by the end of each calendar
year until the positive train
control system is implemented,
with totals separated by each
hardware category;
(IV) the total number of
employees required to receive
training under the applicable
positive train control system
regulations;
(V) the total number of
employees that will receive the
training, as required under the
applicable positive train
control system regulations, by
the end of each calendar year
until the positive train
control system is implemented;
(VI) a summary of any
remaining technical,
programmatic, operational, or
other challenges to the
implementation of a positive
train control system, including
challenges with--
(aa) availability of
public funding;
(bb)
interoperability;
(cc) spectrum;
(dd) software;
(ee) permitting; and
(ff) testing,
demonstration, and
certification; and
(VII) a schedule and sequence
for implementing a positive
train control system by the
deadline established under
paragraph (1).
(B) Alternative schedule and sequence.--
Notwithstanding the implementation deadline
under paragraph (1) and in lieu of a schedule
and sequence under paragraph (2)(A)(iii)(VII),
a railroad carrier or other entity subject to
paragraph (1) may include in its revised plan
an alternative schedule and sequence for
implementing a positive train control system,
subject to review under paragraph (3). Such
schedule and sequence shall provide for
implementation of a positive train control
system as soon as practicable, but not later
than the date that is 24 months after the
implementation deadline under paragraph (1).
(C) Amendments.--A railroad carrier or other
entity subject to paragraph (1) may file a
request to amend a revised plan, including any
alternative schedule and sequence, as
applicable, in accordance with section 236.1021
of title 49, Code of Federal Regulations.
(D) Compliance.--A railroad carrier or other
entity subject to paragraph (1) shall implement
a positive train control system in accordance
with its revised plan, including any amendments
or any alternative schedule and sequence
approved by the Secretary under paragraph (3).
(3) Secretarial review.--
(A) Notification.--A railroad carrier or
other entity that submits a revised plan under
paragraph (1) and proposes an alternative
schedule and sequence under paragraph (2)(B)
shall submit to the Secretary a written
notification when such railroad carrier or
other entity is prepared for review under
subparagraph (B).
(B) Criteria.--Not later than 90 days after a
railroad carrier or other entity submits a
notification under subparagraph (A), the
Secretary shall review the alternative schedule
and sequence submitted pursuant to paragraph
(2)(B) and determine whether the railroad
carrier or other entity has demonstrated, to
the satisfaction of the Secretary, that such
carrier or entity has--
(i) installed all positive train
control system hardware consistent with
the plan contents provided pursuant to
paragraph (2)(A)(iii)(II) on or before
the implementation deadline under
paragraph (1);
(ii) acquired all spectrum necessary
for implementation of a positive train
control system, consistent with the
plan contents provided pursuant to
paragraph (2)(A)(iii)(I) on or before
the implementation deadline under
paragraph (1);
(iii) completed employee training
required under the applicable positive
train control system regulations;
(iv) included in its revised plan an
alternative schedule and sequence for
implementing a positive train control
system as soon as practicable, pursuant
to paragraph (2)(B);
(v) certified to the Secretary in
writing that it will be in full
compliance with the requirements of
this section on or before the date
provided in an alternative schedule and
sequence, subject to approval by the
Secretary;
(vi) in the case of a Class I
railroad carrier and Amtrak,
implemented a positive train control
system or initiated revenue service
demonstration on the majority of
territories, such as subdivisions or
districts, or route miles that are
owned or controlled by such carrier and
required to have operations governed by
a positive train control system; and
(vii) in the case of any other
railroad carrier or other entity not
subject to clause (vi)--
(I) initiated revenue service
demonstration on at least 1
territory that is required to
have operations governed by a
positive train control system;
or
(II) met any other criteria
established by the Secretary.
(C) Decision.--
(i) In general.--Not later than 90
days after the receipt of the
notification from a railroad carrier or
other entity under subparagraph (A),
the Secretary shall--
(I) approve an alternative
schedule and sequence submitted
pursuant to paragraph (2)(B) if
the railroad carrier or other
entity meets the criteria in
subparagraph (B); and
(II) notify in writing the
railroad carrier or other
entity of the decision.
(ii) Deficiencies.--Not later than 45
days after the receipt of the
notification under subparagraph (A),
the Secretary shall provide to the
railroad carrier or other entity a
written notification of any
deficiencies that would prevent
approval under clause (i) and provide
the railroad carrier or other entity an
opportunity to correct deficiencies
before the date specified in such
clause.
(D) Revised deadlines.--
(i) Pending reviews.--For a railroad
carrier or other entity that submits a
notification under subparagraph (A),
the deadline for implementation of a
positive train control system required
under paragraph (1) shall be extended
until the date on which the Secretary
approves or disapproves the alternative
schedule and sequence, if such date is
later than the implementation date
under paragraph (1).
(ii) Alternative schedule and
sequence deadline.--If the Secretary
approves a railroad carrier or other
entity's alternative schedule and
sequence under subparagraph (C)(i), the
railroad carrier or other entity's
deadline for implementation of a
positive train control system required
under paragraph (1) shall be the date
specified in that railroad carrier or
other entity's alternative schedule and
sequence. The Secretary may not approve
a date for implementation that is later
than 24 months from the deadline in
paragraph (1).
(b) Technical Assistance.--The Secretary may provide
technical assistance and guidance to railroad carriers in
developing the plans required under subsection (a).
(c) Progress Reports and Review.--
(1) Progress reports.--Each railroad carrier or other
entity subject to subsection (a) shall, not later than
March 31, 2016, and annually thereafter until such
carrier or entity has completed implementation of a
positive train control system, submit to the Secretary
a report on the progress toward implementing such
systems, including--
(A) the information on spectrum acquisition
provided pursuant to subsection
(a)(2)(A)(iii)(I);
(B) the totals provided pursuant to
subclauses (III) and (V) of subsection
(a)(2)(A)(iii), by territory, if applicable;
(C) the extent to which the railroad carrier
or other entity is complying with the
implementation schedule under subsection
(a)(2)(A)(iii)(VII) or subsection (a)(2)(B);
(D) any update to the information provided
under subsection (a)(2)(A)(iii)(VI);
(E) for each entity providing regularly
scheduled intercity or commuter rail passenger
transportation, a description of the resources
identified and allocated to implement a
positive train control system;
(F) for each railroad carrier or other entity
subject to subsection (a), the total number of
route miles on which a positive train control
system has been initiated for revenue service
demonstration or implemented, as compared to
the total number of route miles required to
have a positive train control system under
subsection (a); and
(G) any other information requested by the
Secretary.
(2) Plan review.--The Secretary shall at least
annually conduct reviews to ensure that railroad
carriers or other entities are complying with the
revised plan submitted under subsection (a), including
any amendments or any alternative schedule and sequence
approved by the Secretary. Such railroad carriers or
other entities shall provide such information as the
Secretary determines necessary to adequately conduct
such reviews.
(3) Public availability.--Not later than 60 days
after receipt, the Secretary shall make available to
the public on the Internet Web site of the Department
of Transportation any report submitted pursuant to
paragraph (1) or subsection (d), but may exclude, as
the Secretary determines appropriate--
(A) proprietary information; and
(B) security-sensitive information, including
information described in section 1520.5(a) of
title 49, Code of Federal Regulations.
(d) Report to Congress.--Not later than July 1, 2018, the
Secretary shall 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 progress of each railroad carrier or
other entity subject to subsection (a) in implementing a
positive train control system.
(e) Enforcement.--The Secretary is authorized to assess civil
penalties pursuant to chapter 213 for--
(1) a violation of this section;
(2) the failure to submit or comply with the revised
plan required under subsection (a), including the
failure to comply with the totals provided pursuant to
subclauses (III) and (V) of subsection (a)(2)(A)(iii)
and the spectrum acquisition dates provided pursuant to
subsection (a)(2)(A)(iii)(I);
(3) failure to comply with any amendments to such
revised plan pursuant to subsection (a)(2)(C); and
(4) the failure to comply with an alternative
schedule and sequence submitted under subsection
(a)(2)(B) and approved by the Secretary under
subsection (a)(3)(C).
(f) Other Railroad Carriers.--Nothing in this section
restricts the discretion of the Secretary to require railroad
carriers other than those specified in subsection (a) to
implement a positive train control system pursuant to this
section or section 20156, or to specify the period by which
implementation shall occur that does not exceed the time limits
established in this section or section 20156. In exercising
such discretion, the Secretary shall, at a minimum, consider
the risk to railroad employees and the public associated with
the operations of the railroad carrier.
(g) Regulations.--
(1) In general.--The Secretary shall prescribe
regulations or issue orders necessary to implement this
section, including regulations specifying in
appropriate technical detail the essential
functionalities of positive train control systems, and
the means by which those systems will be qualified.
(2) Conforming regulatory amendments.--Immediately
after the date of the enactment of the Positive Train
Control Enforcement and Implementation Act of 2015, the
Secretary--
(A) shall remove or revise the date-specific
deadlines in the regulations or orders
implementing this section to the extent
necessary to conform with the amendments made
by such Act; and
(B) may not enforce any such date-specific
deadlines or requirements that are inconsistent
with the amendments made by such Act.
(3) Review.--Nothing in the Positive Train Control
Enforcement and Implementation Act of 2015, or the
amendments made by such Act, shall be construed to
require the Secretary to issue regulations to implement
such Act or amendments other than the regulatory
amendments required to conform with this section.
(4) Clarification.--
(A) Prohibitions.--The Secretary is
prohibited from--
(i) approving or disapproving a
revised plan submitted under subsection
(a)(1);
(ii) considering a revised plan under
subsection (a)(1) as a request for
amendment under section 236.1021 of
title 49, Code of Federal Regulations;
or
(iii) requiring the submission, as
part of the revised plan under
subsection (a)(1), of--
(I) only a schedule and
sequence under subsection
(a)(2)(A)(iii)(VII); or
(II) both a schedule and
sequence under subsection
(a)(2)(A)(iii)(VII) and an
alternative schedule and
sequence under subsection
(a)(2)(B).
(B) Civil penalty authority.--Except as
provided in paragraph (2) and this paragraph,
nothing in this subsection shall be construed
to limit the Secretary's authority to assess
civil penalties pursuant to subsection (e),
consistent with the requirements of this
section.
(C) Retained review authority.--The Secretary
retains the authority to review revised plans
submitted under subsection (a)(1) and is
authorized to require modifications of those
plans to the extent necessary to ensure that
such plans include the descriptions under
subsection (a)(2)(A)(i), the contents under
subsection (a)(2)(A)(ii), and the year or
years, totals, and summary under subsection
(a)(2)(A)(iii)(I) through (VI).
(h) Certification.--
(1) In general.--The Secretary shall not permit the
installation of any positive train control system or
component in revenue service unless the Secretary has
certified that any such system or component has been
approved through the approval process set forth in part
236 of title 49, Code of Federal Regulations, and
complies with the requirements of that part.
(2) Provisional operation.--Notwithstanding the
requirements of paragraph (1), the Secretary may
authorize a railroad carrier or other entity to
commence operation in revenue service of a positive
train control system or component to the extent
necessary to enable the safe implementation and
operation of a positive train control system in phases.
(i) Definitions.--In this section:
(1) Equivalent or greater level of safety.--The term
``equivalent or greater level of safety'' means the
compliance of a railroad carrier with--
(A) appropriate operating rules in place
immediately prior to the use or implementation
of such carrier's positive train control
system, except that such rules may be changed
by such carrier to improve safe operations; and
(B) all applicable safety regulations, except
as specified in subsection (j).
(2) Hardware.--The term ``hardware'' means a
locomotive apparatus, a wayside interface unit
(including any associated legacy signal system
replacements), switch position monitors needed for a
positive train control system, physical back office
system equipment, a base station radio, a wayside
radio, a locomotive radio, or a communication tower or
pole.
(3) Interoperability.--The term ``interoperability''
means the ability to control locomotives of the host
railroad and tenant railroad to communicate with and
respond to the positive train control system, including
uninterrupted movements over property boundaries.
(4) Main line.--The term ``main line'' means a
segment or route of railroad tracks over which
5,000,000 or more gross tons of railroad traffic is
transported annually, except that--
(A) the Secretary may, through regulations
under subsection (g), designate additional
tracks as main line as appropriate for this
section; and
(B) for intercity rail passenger
transportation or commuter rail passenger
transportation routes or segments over which
limited or no freight railroad operations
occur, the Secretary shall define the term
``main line'' by regulation.
(5) Positive train control system.--The term
``positive train control system'' means a system
designed to prevent train-to-train collisions, over-
speed derailments, incursions into established work
zone limits, and the movement of a train through a
switch left in the wrong position.
(j) Early Adoption.--
(1) Operations.--From the date of enactment of the
Positive Train Control Enforcement and Implementation
Act of 2015 through the 1-year period beginning on the
date on which the last Class I railroad carrier's
positive train control system subject to subsection (a)
is certified by the Secretary under subsection (h)(1)
of this section and is implemented on all of that
railroad carrier's lines required to have operations
governed by a positive train control system, any
railroad carrier, including any railroad carrier that
has its positive train control system certified by the
Secretary, shall not be subject to the operational
restrictions set forth in sections 236.567 and 236.1029
of title 49, Code of Federal Regulations, that would
apply where a controlling locomotive that is operating
in, or is to be operated in, a positive train control-
equipped track segment experiences a positive train
control system failure, a positive train control
operated consist is not provided by another railroad
carrier when provided in interchange, or a positive
train control system otherwise fails to initialize,
cuts out, or malfunctions, provided that such carrier
operates at an equivalent or greater level of safety
than the level achieved immediately prior to the use or
implementation of its positive train control system.
(2) Safety assurance.--During the period described in
paragraph (1), if a positive train control system that
has been certified and implemented fails to initialize,
cuts out, or malfunctions, the affected railroad
carrier or other entity shall make reasonable efforts
to determine the cause of the failure and adjust,
repair, or replace any faulty component causing the
system failure in a timely manner.
(3) Plans.--The positive train control safety plan
for each railroad carrier or other entity shall
describe the safety measures, such as operating rules
and actions to comply with applicable safety
regulations, that will be put in place during any
system failure.
(4) Notification.--During the period described in
paragraph (1), if a positive train control system that
has been certified and implemented fails to initialize,
cuts out, or malfunctions, the affected railroad
carrier or other entity shall submit a notification to
the appropriate regional office of the Federal Railroad
Administration within 7 days of the system failure, or
under alternative location and deadline requirements
set by the Secretary, and include in the notification a
description of the safety measures the affected
railroad carrier or other entity has in place.
(k) Small Railroads.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall amend section
236.1006(b)(4)(iii)(B) of title 49, Code of Federal Regulations
(relating to equipping locomotives for applicable Class II and
Class III railroads operating in positive train control
territory) to extend each deadline under such section by 3
years.
(l) Revenue Service Demonstration.--When a railroad carrier
or other entity subject to (a)(1) notifies the Secretary it is
prepared to initiate revenue service demonstration, it shall
also notify any applicable tenant railroad carrier or other
entity subject to subsection (a)(1).
(m) Report of System Failures.--The Secretary shall require
railroad carriers and other entities subject to subsection (a)
to regularly report to the Administrator failures of positive
train control systems. The Secretary shall prescribe the type
of failure, format, interval, and detail required for reports
submitted under this subsection.
* * * * * * *
Sec. 20169. Freight train crew size safety standards
(a) Minimum Crew Size.--No freight train may be operated
unless such train has a 2-person crew comprised of at least 1
appropriately qualified and certified conductor and 1
appropriately qualified and certified locomotive engineer.
(b) Exceptions.--Except as provided in subsection (d), the
prohibition in subsection (a) shall not apply in any of the
following circumstances:
(1) Train operations on track that is not a main
track.
(2) A train operated--
(A) by a railroad carrier that has fewer than
400,000 total employee work hours annually and
less than $40,000,000 annual revenue (adjusted
for inflation as measured by the Surface
Transportation Board Railroad Inflation-
Adjusted Index);
(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
the point of origin of such locomotive.
(5) Train operations staffed with fewer than a two-
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 high-level radioactive waste, spent nuclear
fuel, or material toxic by inhalation;
(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; or
(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).
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 a 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) at a station or facility where such
entity operates, regardless of ownership of the
station or facility.
Sec. 20171. Audit of qualification and certification programs
(a) In General.--Not later than 1 year after the date of
enactment of the TRAIN Act, and not less frequently than every
5 years thereafter, the Secretary shall conduct an audit of--
(1) the qualification and certification program of
locomotive engineers of each Class I railroad carrier
subject to the requirements of part 240 of title 49,
Code of Federal Regulations; and
(2) the qualification and certification program of
conductors of each Class I railroad carrier subject to
the requirements of part 242 of title 49, Code of
Federal Regulations.
(b) Contents of Audit.--In carrying out the audit required
under subsection (a), the Secretary shall--
(1) consider whether the training, qualification, and
continuing education components of the programs
described in subsection (a) comply with regulations in
parts 240 and 242 of title 49, Code of Federal
Regulations;
(2) assess the quality of the training that railroad
carriers provide locomotive engineers and conductors
under such programs;
(3) determine whether such programs provide
locomotive engineers and conductors the knowledge,
skill, and ability to safely operate the types of
locomotives or trains a railroad carrier may require a
locomotive engineer and conductor to operate, including
all associated technology used on such locomotives or
trains;
(4) determine whether the training, qualification,
and continuing education components of such programs
reflect the operating practices of the railroad carrier
carrying out such components;
(5) assess whether a railroad carrier conducting such
programs provides locomotive engineers or conductors
adequate at-controls training before certification;
(6) assess how a railroad carrier uses a simulator or
other technology to train, familiarize, or provide
recurrent training to a locomotive engineer or
conductor, including how the use of a simulator or
other such technology compares to international
experience or practice; and
(7) address any other safety issues the Secretary
determines appropriate for preparing locomotive
engineers and conductors.
(c) Deficiency in Qualification and Certification Program.--
If, in conducting the audit required under this section, the
Secretary identifies a deficiency in a railroad carrier's
qualification and certification program of locomotive engineers
or the qualification and certification program of conductors,
the Secretary shall require the railroad carrier to update such
program to eliminate the deficiency.
(d) Consultation.--In conducting the audit required under
this section, the Secretary shall consult with representatives
of each railroad carrier and representatives of the employees
of the railroad carrier, including any nonprofit employee labor
organization representing engineers or conductors of the
railroad carrier.
(e) Cooperation.--
(1) In general.--A railroad carrier and employees of
the railroad carrier, including any nonprofit employee
labor organization representing engineers or conductors
of the railroad carrier, shall cooperate fully with the
Secretary during an audit required under this section.
(2) Documents; interviews.--A railroad carrier shall
provide any documents requested by the Secretary or
make available any employee for interview with the
Secretary without undue delay or obstruction.
(f) Report to Congress.--Not later than 90 days after the
date on which the Secretary completes an audit under subsection
(a), the Secretary shall--
(1) publish on the website of the Federal Railroad
Administration a report that summarizes the results of
the audit and any updates made in accordance with
subsection (c); and
(2) notify of such report the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(g) Civil Penalty.--The Secretary is authorized to assess a
civil penalty or to take other authorized enforcement action,
as appropriate, pursuant to chapter 213 for a failure to comply
with the requirements of this section.
Sec. 20172. Safety management team communication
The Administrator of the Federal Railroad Administration
shall implement a process for the communication of information
between safety management teams of the Administration and
railroad employees, including any nonprofit employee labor
organization representing railroad employees. Such process
shall include a reasonable timeframe for a safety management
team to respond to communication from such railroad employees.
Sec. 20173. Time limit for blocking public highway-rail grade crossing
(a) Time Limit.--A railroad carrier may not cause a blocked
crossing incident that is longer than 10 minutes in duration,
unless the blocked crossing incident is caused by--
(1) a casualty or serious injury;
(2) an accident;
(3) a track obstruction;
(4) actions necessary to comply with Federal rail
safety laws, regulations, or orders issued thereunder
unless the action to comply could reasonably occur at a
different time or location;
(5) actions necessary to adhere to section 24308;
(6) a train fully contained within rail yard limits
or fully contained in a rail siding;
(7) an act of God; or
(8) a derailment or a safety appliance equipment
failure that prevents the train from advancing.
(b) Investigation of Frequently Blocked Crossings.--For any
public highway-rail grade crossing that has had 3 or more
blocked crossing incidents that exceed the time limit set forth
in subsection (a) and are reported to the blocked crossing
database, and such incidents have occurred on at least 3
calendar days within a 30-day period, the Secretary shall--
(1) provide an electronic notice of the number of
reported blocked crossing incidents to the railroad
carrier that owns the public highway-rail grade
crossing;
(2) investigate the causes of the blocked crossing
incidents; and
(3) investigate possible measures to reduce the
frequency and duration of blocked crossing incidents at
such grade crossing.
(c) Recordkeeping.--
(1) In general.--A railroad carrier shall, upon
receiving a notice under subsection (b), maintain train
location data records for the public highway-rail grade
crossing that was the subject of the notice.
(2) Contents of records.--The train location data
records required under paragraph (1) shall include--
(A) a list of all blocked crossing incidents
at the public highway-rail grade crossing that
is the subject of the report exceeding 10
minutes;
(B) the cause of the blocked crossing
incident (to the extent available);
(C) train length; and
(D) the estimated duration of each blocked
crossing incident.
(3) Consultation.--Beginning on the date on which a
railroad carrier receives a notice under subsection
(b), the Secretary may consult with the carrier for a
period of 60 days to address concerns with blocked
crossing incidents at the public highway-rail grade
crossing that is the subject of the notice.
(4) Expiration of data collection.--The requirement
to maintain records under paragraph (1) shall cease
with respect to a public highway-rail grade crossing
noticed under subsection (b)(2) if there are no reports
submitted to the blocked crossing database for blocked
crossing incidents reported to occur at such grade
crossing during the previous 365 consecutive calendar
days.
(d) Civil Penalties.--
(1) In general.--The Secretary may issue civil
penalties in accordance with section 21301 to railroad
carriers for violations of subsection (a) occurring 60
days after the date of submission of a notice under
subsection (b).
(2) Release of records.--Upon the request of, and
under requirements set by, the Secretary, railroad
carriers shall provide the records maintained pursuant
to subsection (c)(1) to the Administrator of the
Federal Railroad Administration.
(3) Alternate route exemption.--Civil penalties may
not be issued for violations of subsection (a) that
occur at a public highway-rail grade crossing if an
alternate route created by a public highway-rail grade
separation exists within a half mile by road mileage of
such public highway-rail grade crossing.
(4) Grade separation project.--Civil penalties may
not be issued for violations of subsection (a) if the
violation occurs at a public highway-rail grade
crossing for which there is a proposed grade separation
project--
(A) that has received written agreement from
the relevant local authorities; and
(B) for which railroad carrier and project
funding from all parties has been budgeted.
(5) Considerations.--In determining civil penalties
under this section, the Secretary shall consider
increased penalties in a case in which a pattern of the
blocked crossing incidents continue to cause delays to
State or local emergency services.
(e) 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.
(f) Definitions.--In this section:
(1) Blocked crossing database.--The term ``blocked
crossing database'' means the national blocked crossing
database established under section 20174.
(2) Blocked crossing incident.--The term ``blocked
crossing incident'' means a circumstance in which a
train, locomotive, rail car, or other rail equipment is
stopped in a manner that obstructs travel at a public
highway-rail grade crossing.
(3) Public highway-rail grade crossing.--The term
``public highway-rail grade 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 at grade.
Sec. 20174. National blocked crossing database
(a) Database.--Not later than 45 days after the date of
enactment of the TRAIN Act, the Secretary of Transportation
shall establish a national blocked crossings database for the
public to report blocked crossing incidents.
(b) Public Awareness.--Not later than 60 days after the date
of enactment of the TRAIN Act, the Secretary shall require each
railroad carrier to publish the active link to report blocked
crossing incidents on the website of the national blocked
crossings database described in subsection (a) on the home page
of the publicly-available website of the railroad carrier.
(c) Blocked Crossing Incident; Public Highway-rail Grade
Crossing.--In this section, the terms ``blocked crossing
incident'' and ``public highway-rail grade crossing'' have the
meanings given the terms in section 20173.
* * * * * * *
CHAPTER 207--LOCOMOTIVES
Sec.
20701. Requirements for use.
* * * * * * *
20704. Requirements for railroad freight cars entering service in United
States.
* * * * * * *
Sec. 20704. Requirements for railroad freight cars entering service in
United States
(a) Definitions.--In this section, the following definitions
apply:
(1) Component.--The term ``component'' means a part
or subassembly of a railroad freight car.
(2) Control.--The term ``control'' means the power,
whether direct or indirect and whether or not
exercised, through the ownership of a majority or a
dominant minority of the total outstanding voting
interest in an entity, representation on the board of
directors of an entity, proxy voting on the board of
directors of an entity, a special share in the entity,
a contractual arrangement with the entity, a formal or
informal arrangement to act in concert with an entity,
or any other means, to determine, direct, make
decisions, or cause decisions to be made for the
entity.
(3) Cost of sensitive technology.--The term ``cost of
sensitive technology'' means the aggregate cost of the
sensitive technology located on a railroad freight car.
(4) Country of concern.--The term ``country of
concern'' means a country that--
(A) is identified by the Department of
Commerce as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of
1930 (19 U.S.C. 1677(18))) as of the date of
enactment of the TRAIN Act;
(B) was identified by the United States Trade
Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a foreign country
included on the priority watch list defined in
subsection (g)(3) of that section; and
(C) is subject to monitoring by the Trade
Representative under section 306 of the Trade
Act of 1974 (19 U.S.C.2416).
(5) Net cost.--The term ``net cost'' has the meaning
given the term in chapter 4 of the USMCA or any
subsequent free trade agreement between the United
States, Mexico, and Canada.
(6) Qualified facility.--The term ``qualified
facility'' means a facility that is not owned or under
the control of a state-owned enterprise.
(7) Qualified manufacturer.--The term ``qualified
manufacturer'' means a railroad freight car
manufacturer that is not owned or under the control of
a state-owned enterprise.
(8) Railroad freight car.--The term ``railroad
freight car'' means a car designed to carry freight or
railroad personnel by rail, including--
(A) box car;
(B) refrigerator car;
(C) ventilator car;
(D) intermodal well car;
(E) gondola car;
(F) hopper car;
(G) auto rack car;
(H) flat car;
(I) special car;
(J) caboose car;
(K) tank car; and
(L) yard car.
(9) Sensitive technology.--The term ``sensitive
technology'' means any device embedded with
electronics, software, sensors, or other connectivity,
that enables the device to connect to, collect data
from, or exchange data with another device, including--
(A) onboard telematics;
(B) remote monitoring software;
(C) firmware;
(D) analytics;
(E) GPS satellite and cellular location
tracking systems;
(F) event status sensors;
(G) predictive component condition and
performance monitoring sensors; and
(H) similar sensitive technologies embedded
into freight railcar components and
subassemblies.
(10) State-owned enterprise.--The term ``state-owned
enterprise'' means--
(A) an entity that is owned by, or under the
control of, a national, provincial, or local
government of a country of concern, or an
agency of such government; or
(B) an individual acting under the direction
or influence of a government or agency
described in subparagraph (A).
(11) Substantially transformed.--The term
``substantially transformed'' means a component of a
railroad freight car that undergoes an applicable
change in tariff classification as a result of the
manufacturing process, as described in chapter 4 and
related Annexes of the USMCA or any subsequent free
trade agreement between the United States, Mexico, and
Canada.
(12) USMCA.--The term ``USMCA'' has the meaning given
the term in section 3 of the United States-Mexico-
Canada Agreement Implementation Act (19 U.S.C. 4502).
(b) Requirements for Railroad Freight Cars Entering Service
in the United States.--
(1) Limitation on railroad freight cars.--A railroad
freight car wholly manufactured on or after the date
that is 1 year after the date of enactment of the TRAIN
Act, may only operate on the United States freight
railroad interchange system if--
(A) the railroad freight car is manufactured,
assembled, and substantially transformed, as
applicable, by a qualified manufacturer in a
qualified facility;
(B) none of the sensitive technology located
on the railroad freight car, including
components necessary to the functionality of
the sensitive technology, originates from a
country of concern or is sourced from state-
owned enterprise; and
(C) none of the content of the railroad
freight car, excluding sensitive technology,
originates from a country of concern or is
sourced from a state-owned enterprise that has
been determined by a recognized court or
administrative agency of competent jurisdiction
and legal authority to have violated or
infringed valid United States intellectual
property rights of another including such a
finding by a Federal district court under title
35 or the U.S. International Trade Commission
under section 337 of the Tariff Act of 1930 (19
U.S.C. 1337).
(2) Limitation on railroad freight car content.--
(A) Percentage limitation.--Not later than 12
months after the date of enactment of the TRAIN
Act, a railroad freight car manufactured may
operate on the United States freight railroad
interchange system only if--
(i) not more than 20 percent of the
content of the railroad freight car,
calculated by the net cost of all
components of the car and excluding the
cost of sensitive technology,
originates from a country of concern or
is sourced from a state-owned
enterprise; and
(ii) not later than 24 months after
the date of enactment of the TRAIN Act,
the percentage described in clause (i)
shall be no more than 15 percent.
(B) Conflict.--The percentages specified in
this paragraph apply notwithstanding any
apparent conflict with provisions of chapter 4
of the USMCA.
(c) Regulations and Penalties.--
(1) Regulations required.--Not later than 1 year
after the date of enactment of the TRAIN Act, the
Secretary of Transportation shall issue such
regulations as are necessary to carry out this section,
including for the monitoring, enforcement, and
sensitive technology requirements of this section.
(2) Certification required.--To be eligible to
provide a railroad freight car for operation on the
United States freight railroad interchange system, the
manufacturer of such car shall certify to the Secretary
annually that any railroad freight cars to be so
provided meet the requirements of this section.
(3) Compliance.--
(A) Valid certification required.--At the
time a railroad freight car begins operation on
the United States freight railroad interchange
system, the manufacturer of such railroad
freight car shall have valid certification
describe under paragraph (2) for the year in
which such car begins operation.
(B) Registration of noncompliant cars
prohibited.--A railroad freight car
manufacturer may not register, or cause to be
registered, a railroad freight car that does
not comply with the requirements of this
section in the Association of American
Railroad's Umler system.
(4) Civil penalties.--
(A) In general.--A railroad freight car
manufacturer that has manufactured a railroad
freight car for operation on the United States
freight railroad interchange system that the
Secretary of Transportation determines, after
written notice and an opportunity for a
hearing, has violated this section is liable to
the United States Government for a civil
penalty of at least $100,000 but not more than
$250,000 for each violation for each railroad
freight car.
(B) Prohibition for violations.--The
Secretary of Transportation may prohibit a
railroad freight car manufacturer with respect
to which the Secretary has assessed more than 3
violations under subparagraph (A) from
providing additional railroad freight cars for
operation on the United States freight railroad
interchange system until the Secretary
determines--
(i) such manufacturer is in
compliance with this section; and
(ii) all civil penalties assessed to
such manufacturer under subparagraph
(A) have been paid in full.
* * * * * * *
CHAPTER 209--ACCIDENTS AND INCIDENTS
Sec.
20901. Reports.
* * * * * * *
20904. Trend analysis.
Sec. 20901. Reports
(a) General Requirements.--Not later than 30 days after the
end of each month, a railroad carrier shall file a report with
the Secretary of Transportation on all accidents and incidents
resulting in injury or death to an individual or damage to
equipment or a roadbed arising from the carrier's operations
during the month. The report shall be under oath and shall
state the nature, cause, and circumstances of each reported
accident or incident (including the train length, the number of
crew members in the controlling locomotive cab, and the duties
of such crew members). If a railroad carrier assigns human
error as a cause, the report shall include, at the option of
each employee whose error is alleged, a statement by the
employee explaining any factors the employee alleges
contributed to the accident or incident.
(b) Monetary Threshold for Reporting.--(1) In establishing or
changing a monetary threshold for the reporting of a railroad
accident or incident, the Secretary shall base damage cost
calculations only on publicly available information obtained
from--
(A) the Bureau of Labor Statistics; or
(B) another department, agency, or instrumentality of
the United States Government if the information has
been collected through objective, statistically sound
survey methods or has been previously subject to a
public notice and comment process in a proceeding of a
Government department, agency, or instrumentality.
(2) If information is not available as provided in paragraph
(1)(A) or (B) of this subsection, the Secretary may use any
other source to obtain the information. However, use of the
information shall be subject to public notice and an
opportunity for written comment.
Sec. 20902. Investigations
(a) General Authority.--The Secretary of Transportation, or
an impartial investigator authorized by the Secretary, may
investigate--
(1) an accident or incident resulting in serious
injury to an individual or to railroad property,
occurring on the railroad line of a railroad carrier;
and
(2) an accident or incident reported under section
20505 of this title.
(b) Other Duties and Powers.--In carrying out an
investigation, the Secretary or authorized investigator may
[subpena] subpoena witnesses, require the production of
records, exhibits, and other evidence, administer oaths, and
take testimony. If the accident or incident is investigated by
a commission of the State in which it occurred, the Secretary,
if convenient, shall carry out the investigation at the same
time as, and in coordination with, the commission's
investigation. The railroad carrier on whose railroad line the
accident or incident occurred shall provide reasonable
facilities to the Secretary for the investigation.
(c) Reports.--When in the public interest, the Secretary
shall make a report of the investigation, stating the cause of
the accident or incident and making recommendations the
Secretary considers appropriate. The Secretary shall publish
the report in a way the Secretary considers appropriate. The
Secretary shall develop a process to make available to a
representative of the railroad carrier that is the subject of
an accident or incident investigation, and to a representative
of the employees of such railroad carrier, including a
nonprofit employee labor organization representing railroad
workers, a draft investigation report for timely review and
comment.
(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 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 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 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. 20904. Trend analysis
(a) Annual Review and Analysis.--Not later than 1 year after
the date of enactment of the TRAIN Act, and not less frequently
than annually thereafter, the Secretary shall review the
reports filed by a railroad carrier subject to section 20901(a)
and analyze the data contained in such reports for trends or
patterns of potential safety risks.
(b) Secretary Action.--If the Secretary identifies any such
trends or patterns, the Secretary shall--
(1) take such actions as are necessary to address the
potential safety risk; and
(2) if appropriate, communicate any such trends or
patterns to a representative of any relevant railroad
carrier and a representative of the employees of such
railroad carrier, including any nonprofit employee
labor organization representing a craft or class of
employees subject to the potential safety risk.
* * * * * * *
CHAPTER 211--HOURS OF SERVICE
Sec.
21101. Definitions.
* * * * * * *
[21103. Limitations on duty hours of train employees.]
21103. Limitations on duty hours of train employees and yardmaster
employees.
* * * * * * *
Sec. 21101. Definitions
In this chapter--
(1) ``designated terminal'' means the home or away-
from-home terminal for the assignment of a particular
crew.
(2) ``dispatching service employee'' means an
operator, train dispatcher, or other train employee who
by the use of an electrical or mechanical device
dispatches, reports, transmits, receives, or delivers
orders related to or affecting train movements.
(3) ``employee'' means a dispatching service
employee, a yardmaster employee, a signal employee, or
a train employee.
(4) ``signal employee'' means an individual who is
engaged in installing, repairing, or maintaining signal
systems.
(5) ``train employee'' means an individual engaged in
or connected with the movement of a train, including a
hostler.
(6) ``yardmaster employee'' means an individual
responsible for supervising and coordinating the
control of trains and engines operating within a rail
yard.
* * * * * * *
Sec. 21103. Limitations on duty hours of train employees and
yardmaster employees
(a) In General.--Except as provided in subsection (d) of this
section, a railroad carrier and its officers and agents may not
require or allow a train employee or yardmaster employee to--
(1) remain on duty, go on duty, wait for deadhead
transportation, be in deadhead transportation from a
duty assignment to the place of final release, or be in
any other mandatory service for the carrier in any
calendar month where the employee has spent a total of
276 hours--
(A) on duty;
(B) waiting for deadhead transportation, or
in deadhead transportation from a duty
assignment to the place of final release; or
(C) in any other mandatory service for the
carrier;
(2) remain or go on duty for a period in excess of 12
consecutive hours;
(3) remain or go on duty unless that employee has had
at least 10 consecutive hours off duty during the prior
24 hours; or
(4) remain or go on duty after that employee has
initiated an on-duty period each day for--
(A) 6 consecutive days, unless that employee
has had at least 48 consecutive hours off duty
at the employee's home terminal during which
time the employee is unavailable for any
service for any railroad carrier except that--
(i) an employee may work a seventh
consecutive day if that employee
completed his or her final period of
on-duty time on his or her sixth
consecutive day at a terminal other
than his or her home terminal; and
(ii) any employee who works a seventh
consecutive day pursuant to
subparagraph (i) shall have at least 72
consecutive hours off duty at the
employee's home terminal during which
time the employee is unavailable for
any service for any railroad carrier;
or
(B) except as provided in subparagraph (A), 7
consecutive days, unless that employee has had
at least 72 consecutive hours off duty at the
employee's home terminal during which time the
employee is unavailable for any service for any
railroad carrier, if--
(i) for a period of 18 months
following the date of enactment of the
Rail Safety Improvement Act of 2008, an
existing collective bargaining
agreement expressly provides for such a
schedule or, following the expiration
of 18 months after the date of
enactment of the Rail Safety
Improvement Act of 2008, collective
bargaining agreements entered into
during such period expressly provide
for such a schedule;
(ii) such a schedule is provided for
by a pilot program authorized by a
collective bargaining agreement; or
(iii) such a schedule is provided for
by a pilot program under section 21108
of this chapter related to employees'
work and rest cycles.
The Secretary may waive paragraph (4), consistent with the
procedural requirements of section 20103, if a collective
bargaining agreement provides a different arrangement and such
an arrangement is in the public interest and consistent with
railroad safety.
(b) Determining Time on Duty.--In determining under
subsection (a) of this section the time a train employee or
yardmaster employee is on or off duty, the following rules
apply:
(1) Time on duty begins when the employee reports for
duty and ends when the employee is finally released
from duty.
(2) Time the employee is engaged in or connected with
the movement of a train is time on duty.
(3) Time spent performing any other service for the
railroad carrier during a 24-hour period in which the
employee is engaged in or connected with the movement
of a train is time on duty.
(4) Time spent in deadhead transportation to a duty
assignment is time on duty, but time spent in deadhead
transportation from a duty assignment to the place of
final release is neither time on duty nor time off
duty.
(5) An interim period available for rest at a place
other than a designated terminal is time on duty.
(6) An interim period available for less than 4 hours
rest at a designated terminal is time on duty.
(7) An interim period available for at least 4 hours
rest at a place with suitable facilities for food and
lodging is not time on duty when the employee is
prevented from getting to the employee's designated
terminal by any of the following:
(A) a casualty.
(B) a track obstruction.
(C) an act of God.
(D) a derailment or major equipment failure
resulting from a cause that was unknown and
unforeseeable to the railroad carrier or its
officer or agent in charge of that employee
when that employee left the designated
terminal.
(c) Limbo Time Limitation and Additional Rest Requirement.--
(1) A railroad carrier may not require or allow an
employee--
(A) to exceed a total of 40 hours per
calendar month spent--
(i) waiting for deadhead
transportation; or
(ii) in deadhead transportation from
a duty assignment to the place of final
release,
following a period of 12 consecutive hours on
duty that is neither time on duty nor time off
duty, not including interim rest periods,
during the period from the date of enactment of
the Rail Safety Improvement Act of 2008 to one
year after such date of enactment; and
(B) to exceed a total of 30 hours per
calendar month spent--
(i) waiting for deadhead
transportation; or
(ii) in deadhead transportation from
a duty assignment to the place of final
release,
following a period of 12 consecutive hours on
duty that is neither time on duty nor time off
duty, not including interim rest periods,
during the period beginning one year after the
date of enactment of the Rail Safety
Improvement Act of 2008 except that the
Secretary may further limit the monthly
limitation pursuant to regulations prescribed
under section 21109.
(2) The limitations in paragraph (1) shall apply
unless the train carrying the employee is directly
delayed by--
(A) a casualty;
(B) an accident;
(C) an act of God;
(D) a derailment;
(E) a major equipment failure that prevents
the train from advancing; or
(F) a delay resulting from a cause unknown
and unforeseeable to a railroad carrier or its
officer or agent in charge of the employee when
the employee left a terminal.
(3) Each railroad carrier shall report to the
Secretary, in accordance with procedures established by
the Secretary, each instance where an employee subject
to this section spends time waiting for deadhead
transportation or in deadhead transportation from a
duty assignment to the place of final release in excess
of the requirements of paragraph (1).
(4) If--
(A) the time spent waiting for deadhead
transportation or in deadhead transportation
from a duty assignment to the place of final
release that is not time on duty, plus
(B) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and
its officers and agents shall provide the employee with
additional time off duty equal to the number of hours
by which such sum exceeds 12 hours.
(d) Emergencies.--A train employee or yardmaster employee on
the crew of a wreck or relief train may be allowed to remain or
go on duty for not more than 4 additional hours in any period
of 24 consecutive hours when an emergency exists and the work
of the crew is related to the emergency. In this subsection, an
emergency ends when the track is cleared and the railroad line
is open for traffic.
(e) Communication During Time Off Duty.--During a train
employee's or yardmaster employee's minimum off-duty period of
10 consecutive hours, as provided under subsection (a) or
during an interim period of at least 4 consecutive hours
available for rest under subsection (b)(7) or during additional
off-duty hours under subsection (c)(4), a railroad carrier, and
its officers and agents, shall not communicate with the train
employee or yardmaster employee by telephone, by pager, or in
any other manner that could reasonably be expected to disrupt
the employee's rest. Nothing in this subsection shall prohibit
communication necessary to notify an employee of an emergency
situation, as defined by the Secretary. The Secretary may waive
the requirements of this paragraph for commuter or intercity
passenger railroads if the Secretary determines that such a
waiver will not reduce safety and is necessary to maintain such
railroads' efficient operations and on-time performance of its
trains.
* * * * * * *
PART B--ASSISTANCE
* * * * * * *
CHAPTER 229--RAIL IMPROVEMENT GRANTS
Sec.
22901. Definitions.
* * * * * * *
[22906. Authorization of appropriations.]
22906. Passenger rail improvement, modernization, and expansion grants.
* * * * * * *
22909. Bridges, stations, and tunnels (BeST) grant program.
22910. Interstate rail compacts support program.
22911. State rail planning formula funds.
22912. Highway-rail grade crossing separation grants.
22913. University Rail Climate Innovation Institute.
Sec. 22901. Definitions
In this chapter:
(1) Applicant.--The term ``applicant'' means a State
(including the District of Columbia), a group of
States, an Interstate Compact, or a public agency
established by one or more States and having
responsibility for providing intercity passenger rail
service.
(2) Capital project.--The term ``capital project''
means a project or program in a State rail plan
developed under chapter 227 of this title for--
(A) acquiring, constructing, improving, or
inspecting equipment, track and track
structures, or a facility for use in or for the
primary benefit of intercity passenger rail
service, expenses incidental to the acquisition
or construction (including designing,
engineering, location surveying, mapping,
environmental studies, and acquiring rights-of-
way), payments for the capital portions of rail
trackage rights agreements, highway-rail grade
crossing improvements related to intercity
passenger rail service, mitigating
environmental impacts, communication and
signalization improvements, relocation
assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating,
and rehabilitating replacement housing;
(B) rehabilitating, remanufacturing or
overhauling rail rolling stock and facilities
used primarily in intercity passenger rail
service;
(C) costs associated with developing State
rail plans; and
(D) the first-dollar liability costs for
insurance related to the provision of intercity
passenger rail service under section 22904.
(3) Intercity passenger rail service.--The term
``intercity passenger rail service'' means intercity
rail passenger transportation, as defined in section
24102 of this title.
(4) Satisfactory continuing control.--The term
``satisfactory continuing control'' means the
continuing ability to utilize and ensure maintenance of
an asset as a result of full or partial ownership,
lease, operating or other enforceable contractual
agreements, or statutory access rights.
* * * * * * *
Sec. 22905. Grant conditions
(a) Buy America.--(1) The Secretary of Transportation 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.
(2) The Secretary of Transportation may waive paragraph (1)
of this subsection if the Secretary finds that--
(A) applying paragraph (1) would be inconsistent with
the public interest;
(B) 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;
or
[(C) rolling stock or power train equipment cannot be
bought and delivered in the United States within a
reasonable time; or]
[(D)] (C) including domestic material will increase
the cost of the overall project by more than 25
percent.
(3) For purposes of this subsection, in calculating the
components' costs, labor costs involved in final assembly shall
not be included in the calculation.
[(4) If the Secretary determines that it is necessary to
waive the application of paragraph (1) based on a finding under
paragraph (2), the Secretary shall, before the date on which
such finding takes effect--
[(A) publish in the Federal Register a detailed
written justification as to why the waiver is needed;
and
[(B) provide notice of such finding and an
opportunity for public comment on such finding for a
reasonable period of time not to exceed 15 days.]
(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.
(5) Not later than December 31, [2012] 2020, and each year
thereafter, 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 any waivers granted
under paragraph (2) during the preceding fiscal year.
(6) The Secretary of Transportation may not make a waiver
under paragraph (2) of this subsection 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--
(A) has an agreement with the United States
Government under which the Secretary has waived the
requirement of this subsection; and
(B) has violated the agreement by discriminating
against goods to which this subsection applies that are
produced in the United States and to which the
agreement applies.
(7) A person is ineligible to receive a contract or
subcontract made with amounts authorized under this chapter if
a court or department, agency, or instrumentality of the
Government decides the person intentionally--
(A) 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 subsection applies but not
produced in the United States; or
(B) represented that goods described in subparagraph
(A) of this paragraph were produced in the United
States.
(8) 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.
(9) 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.
(10) A party adversely affected by an agency action under
this subsection shall have the right to seek review under
section 702 of title 5.
(11) The requirements of this subsection shall only apply to
projects for which the costs exceed $100,000.
(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).
(b) Operators Deemed Rail Carriers and Employers for Certain
Purposes.--A person that conducts rail operations over rail
infrastructure constructed or improved with funding provided in
whole or in part in a grant made under this chapter shall be
considered a rail carrier as defined in section 10102(5) of
this title for purposes of this title and any other statute
that adopts that definition or in which that definition
applies, including--
(1) the Railroad Retirement Act of 1974 (45 U.S.C.
231 et seq.);
(2) the Railway Labor Act (45 U.S.C. 151 et seq.);
and
(3) the Railroad Unemployment Insurance Act (45
U.S.C. 351 et seq.).
(c) Grant Conditions.--The Secretary shall require as a
condition of making any grant under this chapter for a project
that uses rights-of-way owned by a railroad that--
(1) a written agreement exist between the applicant
and the railroad regarding such use and ownership,
including--
(A) any compensation for such use;
(B) assurances regarding the adequacy of
infrastructure capacity to accommodate both
existing and future freight and passenger
operations;
(C) an assurance by the railroad that
collective bargaining agreements with the
railroad's employees (including terms
regulating the contracting of work) will remain
in full force and effect according to their
terms for work performed by the railroad on the
railroad transportation corridor; and
(D) an assurance that an applicant complies
with liability requirements consistent with
section 28103 of this title; and
(2) the applicant agrees to comply with--
(A) the standards of section 24312 of this
title, as such section was in effect on
September 1, 2003, with respect to the project
in the same manner that Amtrak is required to
comply with those standards for construction
work financed under an agreement made under
section 24308(a) of this title; and
(B) the protective arrangements [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)] established by the
Secretary under subsection (e)(1) with respect
to employees affected by actions taken in
connection with the project to be financed in
whole or in part by grants under this chapter.
(d) Replacement of Existing Intercity Passenger Rail
Service.--
(1) Collective bargaining agreement for intercity
passenger rail projects.--Any entity providing
intercity passenger railroad transportation that begins
operations after the date of enactment of this Act on a
project funded in whole or in part by grants made under
this chapter and replaces intercity rail passenger
service that was provided by Amtrak, unless such
service was provided solely by Amtrak to another entity
or unless Amtrak ceased providing intercity passenger
railroad transportation over the affected route more
than 3 years before the commencement of new service, as
of such date shall enter into an agreement with the
authorized bargaining agent or agents for adversely
affected employees of the predecessor provider that--
(A) gives each such qualified employee of the
predecessor provider priority in hiring
according to the employee's seniority on the
predecessor provider for each position with the
replacing entity that is in the employee's
craft or class and is available within 3 years
after the termination of the service being
replaced;
(B) establishes a procedure for notifying
such an employee of such positions;
(C) establishes a procedure for such an
employee to apply for such positions; and
(D) establishes rates of pay, rules, and
working conditions.
(2) Immediate replacement service.--
(A) Negotiations.--If the replacement of
preexisting intercity rail passenger service
occurs concurrent with or within a reasonable
time before the commencement of the replacing
entity's rail passenger service, the replacing
entity shall give written notice of its plan to
replace existing rail passenger service to the
authorized collective bargaining agent or
agents for the potentially adversely affected
employees of the predecessor provider at least
90 days before the date on which it plans to
commence service. Within 5 days after the date
of receipt of such written notice, negotiations
between the replacing entity and the collective
bargaining agent or agents for the employees of
the predecessor provider shall commence for the
purpose of reaching agreement with respect to
all matters set forth in subparagraphs (A)
through (D) of paragraph (1). The negotiations
shall continue for 30 days or until an
agreement is reached, whichever is sooner. If
at the end of 30 days the parties have not
entered into an agreement with respect to all
such matters, the unresolved issues shall be
submitted for arbitration in accordance with
the procedure set forth in subparagraph (B).
(B) Arbitration.--If an agreement has not
been entered into with respect to all matters
set forth in subparagraphs (A) through (D) of
paragraph (1) as described in subparagraph (A)
of this paragraph, the parties shall select an
arbitrator. If the parties are unable to agree
upon the selection of such arbitrator within 5
days, either or both parties shall notify the
National Mediation Board, which shall provide a
list of seven arbitrators with experience in
arbitrating rail labor protection disputes.
Within 5 days after such notification, the
parties shall alternately strike names from the
list until only 1 name remains, and that person
shall serve as the neutral arbitrator. Within
45 days after selection of the arbitrator, the
arbitrator shall conduct a hearing on the
dispute and shall render a decision with
respect to the unresolved issues among the
matters set forth in subparagraphs (A) through
(D) of paragraph (1). The arbitrator shall be
guided by prevailing national standard rates of
pay, benefits, and working conditions for
comparable work. This decision shall be final,
binding, and conclusive upon the parties. The
salary and expenses of the arbitrator shall be
borne equally by the parties; all other
expenses shall be paid by the party incurring
them.
(3) Service commencement.--A replacing entity under
this subsection shall commence service only after an
agreement is entered into with respect to the matters
set forth in subparagraphs (A) through (D) of paragraph
(1) or the decision of the arbitrator has been
rendered.
(4) Subsequent replacement of service.--If the
replacement of existing rail passenger service takes
place within 3 years after the replacing entity
commences intercity passenger rail service, the
replacing entity and the collective bargaining agent or
agents for the adversely affected employees of the
predecessor provider shall enter into an agreement with
respect to the matters set forth in subparagraphs (A)
through (D) of paragraph (1). If the parties have not
entered into an agreement with respect to all such
matters within 60 days after the date on which the
replacing entity replaces the predecessor provider, the
parties shall select an arbitrator using the procedures
set forth in paragraph (2)(B), who shall, within 20
days after the commencement of the arbitration, conduct
a hearing and decide all unresolved issues. This
decision shall be final, binding, and conclusive upon
the parties.
(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 (j) of section 22907.
(2) Publication.--The Administrator shall make
available on a publicly available website the
protective arrangements established under paragraph
(1).
[(e)] (f) Inapplicability to Certain Rail Operations.--
Nothing in this section applies to--
(1) commuter rail passenger transportation (as
defined in section 24102) operations of a State or
local governmental authority (as those terms are
defined in section 5302) eligible to receive financial
assistance under section 5307 of this title, or to its
contractor performing services in connection with
commuter rail passenger operations (as so defined);
(2) the Alaska Railroad or its contractors; or
(3) Amtrak's access rights to railroad rights of way
and facilities under current law.
[(f)] (g) Limitation.--No grants shall be provided under this
chapter for commuter rail passenger transportation (as defined
in section 24102(3)).
[Sec. 22906. Authorization of appropriations
[There are authorized to be appropriated to the Secretary of
Transportation for capital grants under this chapter the
following amounts:
[(1) For fiscal year 2009, $100,000,000.
[(2) For fiscal year 2010, $300,000,000.
[(3) For fiscal year 2011, $400,000,000.
[(4) For fiscal year 2012, $500,000,000.
[(5) For fiscal year 2013, $600,000,000.]
Sec. 22906. Passenger rail improvement, modernization, and expansion
grants
(a) In General.--
(1) Establishment.--The Secretary of Transportation
shall establish a program to make grants to eligible
applicants for--
(A) capital projects that--
(i) provide high-speed rail or
intercity rail passenger
transportation;
(ii) improve high-speed rail or
intercity rail passenger performance,
including congestion mitigation,
reliability improvements, achievement
of 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
(iii) expand or establish high-speed
rail or intercity rail passenger
transportation and facilities; or
(B) corridor planning activities for high-
speed rail described in section 26101(b).
(2) Purposes.--Grants under this section shall be for
projects that improve mobility, operational
performance, or growth of high-speed rail or intercity
rail passenger transportation.
(b) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible
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;
(F) Amtrak, acting on its own behalf or under
a cooperative agreement with 1 or more States;
or
(G) an Indian Tribe.
(2) Capital project.--The term ``capital project''
means--
(A) a project or program for acquiring,
constructing, or improving--
(i) passenger rolling stock;
(ii) infrastructure assets, including
tunnels, bridges, stations, track and
track structures, communication and
signalization improvements; and
(iii) a facility of use in or for the
primary benefit of high-speed or
intercity rail passenger
transportation;
(B) project planning, development, design,
engineering, location surveying, mapping,
environmental analysis or studies;
(C) acquiring right-of-way or payments for
rail trackage rights agreements;
(D) making highway-rail grade crossing
improvements related to high-speed rail or
intercity rail passenger transportation
service;
(E) electrification;
(F) mitigating environmental impacts; or
(G) a project relating to other assets
determined appropriate by the Secretary.
(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 26105.
(5) State.--The term ``State'' means each of the 50
States and the District of Columbia.
(6) Socially disadvantaged individuals.--The term
``socially disadvantaged individuals'' has the meaning
given the term ``socially and economically
disadvantaged individuals'' in section 8(d) of the
Small Business Act (15 U.S.C. 637(d)).
(c) Project Requirements.--
(1) Requirements.--To be eligible for a grant under
this section, an eligible applicant shall demonstrate
that such applicant has or will have--
(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.
(2) High-speed rail requirements.--
(A) Corridor planning activities.--
Notwithstanding paragraph (1), the Secretary
shall evaluate projects described in subsection
(a)(1)(B) based on the criteria under section
26101(c).
(B) High-speed rail project requirements.--To
be eligible for a grant for a high-speed rail
project, an eligible applicant shall
demonstrate compliance with section
26106(e)(2)(A).
(d) Project Selection Criteria.--
(1) Priority.--In selecting a project for a grant
under this section, the Secretary shall give preference
to projects that--
(A) are supported by multiple States or are
included in a multi-state regional plan or
planning process;
(B) achieve environmental benefits such as a
reduction in greenhouse gas emissions or an
improvement in local air quality; or
(C) improve service to and investment in
socially disadvantaged individuals.
(2) Additional considerations.--In selecting an
applicant for a grant under this section, the Secretary
shall consider--
(A) the proposed project's anticipated
improvements to high-speed rail or intercity
rail passenger transportation, including
anticipated public benefits on the--
(i) effects on system and service
performance;
(ii) effects on safety,
competitiveness, reliability, trip or
transit time, and resilience;
(iii) overall transportation system,
including efficiencies from improved
integration with other modes of
transportation or benefits associated
with achieving modal shifts;
(iv) ability to meet existing,
anticipated, or induced passenger or
service demand; and
(v) projected effects on regional and
local economies along the corridor,
including increased competitiveness,
productivity, efficiency, and economic
development;
(B) the eligible 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.
(3) Additional screening for high-speed rail.--In
selecting an applicant for a grant under this section,
for high-speed rail projects, the Secretary shall, in
addition to the application of paragraphs (1) and (2),
apply the selection and consideration criteria
described in subparagraphs (B) and (C) of section
26106(e)(2).
(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
project costs 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
project under this section, an amount that is
not more than the amount stipulated as the
financial participation of the Secretary in the
project, regardless of authorized amounts; 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 (d) for selecting the
project for a grant; and
(iii) a description of how the
project meets such criteria.
(g) Appropriations Required.--An obligation may be made under
this section only when amounts are appropriated for such
purpose.
(h) Availability.--Amounts made available to carry out this
section shall remain available until expended.
(i) 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 Amtrak in lieu
of the requirements of section 22905(a).
Sec. 22907. Consolidated rail infrastructure and safety improvements
(a) General Authority.--The Secretary may make grants under
this section to an eligible recipient to assist in financing
the cost of improving passenger and freight rail transportation
systems in terms of safety, efficiency, or reliability.
(b) Eligible Recipients.--[The following] Except as provided
in subsections (o), (p), and (q), the following entities are
eligible to receive a grant under this section:
(1) A State or the District of Columbia.
(2) A group of States.
(3) An Interstate Compact.
(4) A public agency or publicly chartered authority
established by 1 or more States.
(5) A political subdivision of a State.
(6) Amtrak or another rail carrier that provides
intercity rail passenger transportation (as defined in
section 24102).
(7) A Class II railroad or Class III railroad (as
those terms are defined in section 20102).
(8) Any rail carrier or rail equipment manufacturer
in partnership with at least 1 of the entities
described in paragraphs (1) through (5).
(9) The Transportation Research Board and any entity
with which it contracts in the development of rail-
related research, including cooperative research
programs.
(10) A University [transportation center] engaged in
rail-related research.
(11) A non-profit labor organization representing a
class or craft of employees of rail carriers or rail
carrier contractors.
(12) A commuter authority (as such term is defined in
section 24102).
(13) An Indian Tribe.
(c) Eligible Projects.--The following projects are eligible
to receive grants under this section:
(1) Deployment and upgrades of railroad safety
technology, including positive train control and rail
integrity inspection systems.
[(2) A capital project as defined in section
22901(2), except that a project shall not be required
to be in a State rail plan developed under chapter
227.]
[(3)] (2) A capital project identified by the
Secretary as being necessary to address congestion or
safety challenges affecting rail service.
[(4)] (3) A capital project [identified by the
Secretary as being necessary to reduce congestion and
facilitate ridership growth in intercity passenger rail
transportation] to improve service or facilitate
ridership growth in intercity rail passenger
transportation or commuter rail passenger
transportation (as such term is defined in section
24102) along heavily traveled rail corridors.
[(5)] (4) A highway-rail grade crossing improvement
project, including installation, repair, or improvement
of grade separations, railroad crossing signals, gates,
and related technologies, highway traffic
signalization, highway lighting and crossing approach
signage, roadway improvements such as medians or other
barriers, railroad crossing panels and surfaces, and
safety engineering improvements to establish new quiet
zones or to reduce risk in quiet zones or potential
quiet zones.
[(6)] (5) A rail line relocation and improvement
project.
[(7)] (6) A capital project to improve short-line or
regional railroad infrastructure.
[(8)] (7) The preparation of regional rail and
corridor service development plans and corresponding
environmental analyses.
[(9)] (8) Any project that the Secretary considers
necessary to enhance multimodal connections or
facilitate service integration between rail service and
other modes, including between intercity rail passenger
transportation and intercity bus service or commercial
air service.
[(10)] (9) The development and implementation of a
safety program or institute designed to improve rail
safety, including for suicide prevention and other rail
trespassing prevention.
[(11)] (10) Any research that the Secretary considers
necessary to advance any particular aspect of rail-
related capital, operations, or safety improvements.
[(12)] (11) Workforce development and training
activities, coordinated to the extent practicable with
the existing local training programs supported by the
Department of Transportation, the Department of Labor,
and the Department of Education.
(d) Application Process.--The Secretary shall prescribe the
form and manner of filing an application under this section.
(e) Project Selection Criteria.--
[(1) In general.--In selecting a recipient of a grant
for an eligible project, the Secretary shall--
[(A) give preference to a proposed project
for which the proposed Federal share of total
project costs does not exceed 50 percent; and
[(B) after factoring in preference to
projects under subparagraph (A), select
projects that will maximize the net benefits of
the funds appropriated for use under this
section, considering the cost-benefit analysis
of the proposed project, including anticipated
private and public benefits relative to the
costs of the proposed project and factoring in
the other considerations described in paragraph
(2).]
(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 private and public
benefits relative to the costs of the proposed
project and factoring in the other
considerations described in paragraph (2); and
(B) projects that improve service to, or
provide direct benefits to, socially
disadvantaged individuals (as defined in
section 22906(b)), including relocating or
mitigating infrastructure that limits community
connectivity, including mobility, access, or
economic development of such individuals.
(2) Other considerations.--The Secretary shall also
consider the following:
(A) The degree to which the proposed
project's business plan considers potential
private sector participation in the financing,
construction, or operation of the project.
(B) The recipient's past performance in
developing and delivering similar projects, and
previous financial contributions.
(C) Whether the recipient has or will have
the legal, financial, and technical capacity to
carry out the proposed project, satisfactory
continuing control over the use of the
equipment or facilities, and the capability and
willingness to maintain the equipment or
facilities.
(D) If applicable, the consistency of the
proposed project with planning guidance and
documents set forth by the Secretary or
required by law or State rail plans developed
under chapter 227.
(E) If applicable, any technical evaluation
ratings the proposed project received under
previous competitive grant programs
administered by the Secretary.
(F) Such other factors as the Secretary
considers relevant to the successful delivery
of the project.
(3) Benefits.--The benefits described in [paragraph
(1)(B)] paragraph (1)(A) may include the effects on
system and service performance, including measures such
as improved safety, competitiveness, reliability, trip
or transit time, resilience, efficiencies from improved
integration with other modes, the ability to meet
existing or anticipated demand, and any other benefits.
(f) Performance Measures.--The Secretary shall establish
performance measures for each grant recipient to assess
progress in achieving strategic goals and objectives. The
Secretary may require a grant recipient to periodically report
information related to such performance measures.
(g) Rural Areas.--
(1) In general.--Of the amounts appropriated under
this section, at least 25 percent shall be available
for projects in rural areas. The Secretary shall
consider a project to be in a rural area if all or the
majority of the project (determined by the geographic
location or locations where the majority of the project
funds will be spent) is located in a rural area.
(2) Definition of rural area.--In this subsection,
the term ``rural area'' means any area not in an
urbanized area, as defined by the Bureau of the Census.
(h) 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 analyses, and
information on the expected use of equipment or
facilities.
(2) Federal share.--The Federal share of total
project costs under this section shall not exceed 80
percent, except that a grant for a capital project
involving zero-emission locomotive technologies shall
not exceed an amount in excess of 90 percent of the
total project costs.
(3) Treatment of passenger rail revenue.--If Amtrak
or another rail carrier is an applicant under this
section, Amtrak or the other rail carrier, as
applicable, may use ticket and other revenues generated
from its operations and other sources to satisfy the
non-Federal share requirements.
(i) Large Projects.--Of the amounts made available under this
section, at least 25 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.--Notwithstanding section
22905(f)(1) and 22907(j)(1), 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.--Subsection (g) of section
22905 shall not apply to grants awarded under this
section for commuter rail passenger transportation
projects.
(k) Definition of Capital Project.--In this section, the term
``capital project'' means a project or program for--
(1) acquiring, constructing, improving, or inspecting
equipment, track and track structures, or a facility,
expenses incidental to acquisition or construction
(including project-level planning, designing,
engineering, location surveying, mapping, environmental
studies, and acquiring right-of-way), payments for rail
trackage rights agreements, highway-rail grade crossing
improvements, mitigating environmental impacts,
communication and signalization improvements,
relocation assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing;
(2) rehabilitating, remanufacturing, or overhauling
rail rolling stock and facilities;
(3) costs associated with developing State or multi-
State regional rail plans; and
(4) the first-dollar liability costs for insurance
related to the provision of intercity passenger rail
service under section 22904.
[(i)] (l) Applicability.--Except as specifically provided in
this section, the use of any amounts appropriated for grants
under this section shall be subject to the requirements of this
chapter.
[(j)] (m) Availability.--Amounts appropriated for carrying
out this section shall remain available until expended.
[(k)] (n) Limitation.--The requirements under sections 22902,
22903, and 22904, and the definition contained in section
22901(1) shall not apply to this section.
[(l) Special Transportation Circumstances.--
[(1) In general.--In carrying out this chapter, the
Secretary shall allocate an appropriate portion of the
amounts available to programs in this chapter to
provide grants to States--
[(A) in which there is no intercity passenger
rail service, for the purpose of funding
freight rail capital projects that are on a
State rail plan developed under chapter 227
that provide public benefits (as defined in
chapter 227), as determined by the Secretary;
or
[(B) in which the rail transportation system
is not physically connected to rail systems in
the continental United States or may not
otherwise qualify for a grant under this
section due to the unique characteristics of
the geography of that State or other relevant
considerations, for the purpose of funding
transportation-related capital projects.
[(2) Definition.--For the purposes of this
subsection, the term ``appropriate portion'' means a
share, for each State subject to paragraph (1), not
less than the share of the total railroad route miles
in such State of the total railroad route miles in the
United States, excluding from all totals the route
miles exclusively used for tourist, scenic, and
excursion railroad operations.]
(o) Rail Safety Public Awareness Grants.--
(1) Grant.--Of the amounts made available to carry
out this section, the Secretary shall make grants to
nonprofit organizations to carry out public information
and education programs to help prevent and reduce rail-
related pedestrian, motor vehicle, and other incidents,
injuries, and fatalities, and to improve awareness
along railroad right-of-way and at highway-rail grade
crossings.
(2) Selection.--Programs eligible for a grant under
this subsection--
(A) shall include, as appropriate--
(i) development, placement, and
dissemination of public service
announcements in appropriate media;
(ii) school presentations, driver and
pedestrian safety education, materials,
and public awareness campaigns; and
(iii) disseminating information to
the public on how to identify and
report to the appropriate authorities--
(I) unsafe or malfunctioning
highway-rail grade crossings
and equipment; and
(II) high-risk and unsafe
behavior and trespassing around
railroad right-of-way; and
(B) may include targeted and sustained
outreach in communities at greatest risk to
develop measures to reduce such risk.
(3) Coordination.--Eligible entities shall coordinate
program activities with local communities, law
enforcement and emergency responders, and railroad
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.
(4) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications for programs that--
(A) are nationally recognized;
(B) are targeted at schools in close
proximity to railroad right-of-way;
(C) partner with nearby railroad carriers; or
(D) focus on communities with a recorded
history of repeated pedestrian and motor
vehicle accidents, incidents, injuries, and
fatalities at highway-rail grade crossings and
along railroad right-of-way.
(5) Applicability.--Section 22905 shall not apply to
contracts and agreements made under this subsection.
(p) Railroad Trespassing Enforcement Grants.--
(1) In general.--Of the amounts made available under
this section, the Secretary may make grants to public
law enforcement agencies engaged in, or seeking to
engage in, suicide prevention efforts along railroad
right-of-way to pay wages of law enforcement personnel
to patrol railroad right-of-way located in communities
at risk for rail trespassing incidents and fatalities.
(2) Prioritization.--In awarding grants under this
subsection, the Administrator shall give priority to
applications from entities that have jurisdiction
within the boundaries of the 10 States with the highest
incidence of rail trespass related casualties as
reported in the previous fiscal year, as reported by
the National Rail Accident Incident Reporting System.
(3) Limitation.--The Secretary shall not award more
than 3 annual grants under this subsection to the same
entity.
(q) Railroad Trespassing Suicide Grants.--
(1) In general.--Of the amounts made available to
carry out this section, the Secretary may make grants
to eligible entities to implement a public outreach
campaign to reduce the number of railroad suicides.
(2) Eligible entity.--In this subsection, the term
``eligible entity'' means a nonprofit mental health
organization engaged in, or seeking to engage in,
suicide prevention efforts along railroad right-of-way
in partnership with a railroad carrier, as defined in
section 20102.
* * * * * * *
Sec. 22909. Bridges, stations, and tunnels (BeST) grant program
(a) In General.--The Secretary of Transportation shall
establish a program (in this section referred to as the ``BeST
Program'') to provide grants to eligible entities for major
capital projects included in the BeST Inventory established
under subsection (b) for rail bridges, stations, and tunnels
that are publicly owned or owned by Amtrak to make safety,
capacity, and mobility improvements.
(b) BeST Inventory.--
(1) Establishment.--Not later than 120 days after the
date of enactment of the TRAIN Act, the Secretary shall
establish, and publish on the website of the Department
of Transportation an inventory (in this section
referred to as the ``BeST Inventory'') for publicly
owned and Amtrak owned major capital projects
designated by the Secretary to be eligible for funding
under this section. The BeST Inventory shall include
major capital projects to acquire, refurbish,
rehabilitate, or replace rail bridges, stations, or
tunnels and any associated and co-located projects.
(2) Considerations.--In selecting projects for
inclusion in the BeST Inventory, the Secretary shall
give priority to projects that provide the most benefit
for intercity passenger rail service in relation to
estimated costs and that are less likely to secure all
of the funding required from other sources.
(3) Updates to best inventory.--Every 2 years after
the establishment of the BeST Inventory under paragraph
(1), the Secretary shall update the BeST Inventory and
include it in its annual budget justification.
(4) Eligibility for best inventory.--Projects
included in the BeST Inventory--
(A) shall be--
(i) consistent with the record of
decision issued by the Federal Railroad
Administration in July 2017 titled
``NEC FUTURE: A Rail Investment Plan
for the Northeast Corridor'' (known as
the ``Selected Alternative'');
(ii) consistent with the most recent
service development plan under section
24904(a) (hereinafter in this section
referred to as the ``Service
Development Plan''); and
(iii) located in a territory for
which a cost allocation policy is
maintained pursuant to section
24905(c); or
(B) shall be consistent with a multi-state
regional planning document equivalent to the
document referred to in subparagraph (A)(ii)
with a completed Tier I environmental review of
such document pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(5) Project funding sequencing.--The Secretary shall
determine the order of priority for projects in the
BeST Inventory based on projects identified in
paragraph (4) and project management plans as described
in subsection (d). The Secretary may alter the BeST
Inventory as necessary if eligible entities are not
carrying out the schedule identified in the Inventory.
(6) Terms.--The Secretary shall ensure the BeST
Inventory establishes, for each project included in
such Inventory--
(A) the roles and terms of participation by
any railroad bridge, station, or tunnel owners
and railroad carriers in the project; and
(B) the schedule for such project that
ensures efficient completion of the project.
(7) Special financial rules.--
(A) In general.--Projects listed in the BeST
Inventory may include an agreement with a
commitment, contingent on future amounts to be
specified in law for commitments under this
paragraph, to obligate an additional amount
from future available budget authority
specified in law.
(B) Statement of contingent commitment.--An
obligation or administrative commitment under
this paragraph may be made only when amounts
are appropriated. An agreement shall state that
any contingent commitment is not an obligation
of the Federal Government, and is subject to
the availability of appropriations under
Federal law and to Federal laws in force or
enacted after the date of the contingent
commitment.
(C) Financing costs.--Financing costs of
carrying out the project may be considered a
cost of carrying out the project under the BeST
Inventory.
(c) Expenditure of Funds.--
(1) Federal share of total project costs.--The
Federal share for the total cost of a project under
this section shall not exceed 90 percent.
(2) Non-federal share.--A recipient of funds under
this section may use any source of funds, including
other Federal financial assistance, to satisfy the non-
Federal funds requirement. The non-Federal share for a
grant provided under this section shall be consistent
with section 24905(c) or section 24712(a)(7) if either
such section are applicable to the railroad territory
at the project location.
(3) Availability of funds.--Funds made available
under this section shall remain available for
obligation by the Secretary for a period of 10 years
after the last day of the fiscal year for which the
funds are appropriated, and remain available for
expenditure by the recipient of grant funds without
fiscal year limitation.
(4) Eligible uses.--Funds made available under this
section may be used for projects contained in the most
recent BeST Inventory, including pre-construction
expenses and the acquisition of real property
interests.
(5) Funds awarded to amtrak.--Grants made to Amtrak
shall be provided in accordance with the requirements
of chapter 243.
(6) Grant conditions.--Except as provided in this
section, the use of any amounts made available for
grants under this section shall be subject to the grant
requirements in section 22905.
(d) Project Management.--
(1) Submission of project management plans.--The
Secretary shall establish a process, including
specifying formats, methods, and procedures, for
applicants to submit a project management plan to the
Secretary for a project in the BeST Inventory.
Consistent with requirements in section 22903, project
management plans shall--
(A) describe the schedules, management
actions, workforce availability, interagency
agreements, permitting, track outage
availability, and other factors that will
determine the entity's ability to carry out a
project included in the BeST Inventory; and
(B) be updated and resubmitted in accordance
with this subsection every 2 years according to
the schedule in the most recent Service
Development Plan, or equivalent multi-state
regional planning document with a completed
Tier I environmental review conducted pursuant
to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(2) Northeast corridor projects.--For projects on the
Northeast Corridor, an applicant shall submit such
project management plan to the Northeast Corridor
Commission. Upon receipt of such plan, the Northeast
Corridor Commission shall submit to the Secretary an
updated Service Development Plan that describes the
schedule and sequencing of all capital projects on the
Northeast Corridor, including estimates of the amount
each sponsor entity will need in program funding for
each of the next 2 fiscal years to carry out the
entity's projects according to the Service Development
Plan.
(e) Cost Methodology Policy Requirements.--
(1) In general.--The Secretary shall ensure, as a
condition of a grant agreement under this section for
any project located in a railroad territory where a
policy established pursuant to section 24905(c) or
section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) applies,
that a recipient of funds under either such section
maintain compliance with the policies, or any updates
to any applicable cost methodology policy, for the
railroad territory encompassing the project location.
(2) Penalty for noncompliance.--If such recipient
does not maintain compliance with the policies
described in paragraph (1), the Secretary may--
(A) withhold funds under this subsection from
such recipient up to the amount the recipient
owes, but has not paid; and
(B) permanently reallocate such funds to
other recipients after a reasonable period.
(f) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means--
(A) a State, including the District of
Columbia;
(B) a group of States;
(C) an Interstate Compact;
(D) a public agency or publicly chartered
authority established by one or more States;
(E) a political subdivision of a State;
(F) Amtrak;
(G) An Indian Tribe; or
(H) any combination of the entities listed in
subparagraphs (A) through (G).
(2) Major capital project.--The term ``major capital
project'' means a rail bridge, station, or tunnel
project used for intercity passenger rail service that
has a total project cost of at least $500,000,000.
(3) Northeast corridor.--The term ``Northeast
Corridor'' has the meaning given the term in section
24904(e).
(4) Publicly owned.--The term ``publicly owned''
means major capital projects that are at least
partially owned or planned to be owned by the Federal
Government or an eligible entity.
(5) Co-located project.--The term ``co-located
project'' means a capital project that is adjacent to a
major capital project and can be carried out during the
same period.
Sec. 22910. Interstate rail compacts support program
(a) In General.--The Secretary shall develop and implement a
competitive grant program for providing administrative
assistance, including salaries, benefits, travel, and other
administrative expenses, to eligible applicants to support
interstate and regional efforts--
(1) to improve the safety, efficiency, or reliability
of intercity passenger rail; and
(2) to promote and develop intercity passenger rail
service, including through initiating, restoring, or
enhancing intercity passenger rail service.
(b) Applicant Selection Criteria.--
(1) In general.--In awarding grants under this
section, the Secretary shall consider--
(A) the amount of other funding received by
an applicant (including funding from railroads)
or other significant participation by State,
local, and regional governmental and private
entities;
(B) the applicant's work to facilitate and
encourage regional planning for passenger rail
improvement, enhancement, and development;
(C) the applicant's work to foster, through
rail transportation systems, economic
development, particularly in rural communities,
for socially disadvantaged individuals, and for
disadvantaged populations;
(D) the applicant's efforts to provide
guidance to local communities on public and
private resources relate to community concerns,
such as congestion, rail and grade crossing
safety, trespasser prevention, quiet zones,
idling, and rail line relocations;
(E) whether the applicant seeks to restore
service over routes formerly operated by
Amtrak, including routes described in section
11304(a) of the Passenger Rail Reform and
Investment Act of 2015 (title XI of division A
of Public Law 114-94);
(F) the applicant's intent to provide
intercity passenger rail service to regions and
communities that are underserved or not served
by other intercity public transportation;
(G) whether the applicant is enhancing
connectivity and geographic coverage of the
existing national network of intercity rail
passenger service;
(H) the applicant's efforts to engage with
entities to deploy railroad safety technology
or programs, including trespassing prevention,
rail integrity inspection systems, or grade
crossing safety;
(I) whether the applicant prepares regional
rail and corridor service development plans and
corresponding environmental analysis; and
(J) whether the applicant has engaged with
the Federal, local, or State government and
transportation planning agencies to identify
projects necessary to enhance multimodal
connections or facilitate service integration
between rail service and other modes, including
between intercity rail passenger transportation
and intercity bus service, commercial air
service, or commuter rail service.
(2) Preference.--In selecting grant recipients, the
Secretary shall give preference to applicants that are
initiating, restoring, or enhancing intercity rail
passenger transportation.
(c) Application Process.--The Secretary shall prescribe the
form and manner of submitting applications under this section.
(d) Performance Measures.--
(1) In general.--The Secretary shall establish
performance measures for each grant recipient to assess
progress in achieving strategic goals and objectives.
(2) Annual report.-- The Secretary shall require
grant recipients to submit an annual report of the
activities of such recipient and information related to
applicable performance measures, which may include--
(A) a demonstration of progress to achieve or
advance the relevant criteria described in
subsection (b); and
(B) the amount of non-Federal matching funds
provided from each member State.
(e) Federal Share of Total Project Cost.--The Secretary shall
require each recipient of a grant under this subsection to
provide a non-Federal match of not less than 50 percent of the
administrative assistance to the interstate rail compact.
(f) Applicable Requirements.--The use of any amounts
appropriated for grants under this section shall be subject to
the applicable requirements under this chapter.
(g) Applicability.--Amounts appropriated to carry out this
section shall remain available until expended.
(h) Limitations.--
(1) Maximum funding per applicant.--The Secretary may
not award grants under this section in an amount
exceeding $500,000 annually for each applicant.
(2) Numeric limitation.--The Secretary may not
provide grants under this section to more than 10
interstate rail compacts in any fiscal year.
(i) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means an
interstate rail compact or an interstate commission
composed of 2 or more States that has been established
to promote, develop, or operate intercity passenger
rail transportation systems.
(2) Intercity passenger rail service.--The term
``intercity passenger rail service'' has the meaning
given the term ``intercity rail passenger
transportation'' in section 24102.
Sec. 22911. State rail planning formula funds
(a) In General.--In carrying out this chapter, the Secretary
shall allocate an appropriate portion of 1.5 percent of the
amounts made available for programs under this chapter to
provide grants to States--
(1) for State or multi-State regional intercity
passenger rail corridor planning or project-specific,
intercity passenger rail planning purposes; or
(2) for funding rail projects otherwise eligible
under section 22907 if no intercity passenger rail
planning is feasible.
(b) Limitation of Funds.--Any unobligated balances of a grant
under this section remaining after 3 years from the fiscal year
in which the grant was made shall be redistributed in an
appropriate portion.
(c) Definitions.--In this section:
(1) Appropriate portion.--The term ``appropriate
portion'' means a share, for each State--
(A) one quarter of which is comprised of the
ratio that the total railroad route miles in
such State bears to the total railroad route
miles in the United States, excluding from each
such total the route miles used exclusively for
tourist excursions;
(B) one quarter of which is comprised of the
ratio that the population in such State bears
to the total population of the United States,
as determined by the Bureau of the Census; and
(C) half of which is comprised of the ratio
that the Amtrak ridership for fiscal year 2019
in each State bears to the total Amtrak
ridership for fiscal year 2019.
(2) State.--The term ``State'' means each of the 50
States and the District of Columbia.
Sec. 22912. Highway-rail grade crossing separation grants
(a) General Authority.--The Secretary of Transportation shall
make grants under this section to eligible entities to assist
in funding the cost of highway-rail grade crossing 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 railroad right-of-way and the applicant
addressing access to the railroad right-of-way
throughout the project; and
(2) a cost-sharing agreement with the funding amounts
that the entity that owns or controls the railroad
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, including
necessary acquisition of real property interests, of
highway-rail grade crossing separations.
(2) Highway-rail 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.--In awarding grants under
this section, the Secretary--
(1) shall give priority to projects that maximize the
safety benefits of Federal funding;
(2) shall give priority to projects that provide
direct benefits to socially disadvantaged individuals
(as such term is defined in section 22906(b)); and
(3) 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 State highway-rail grade crossing action plan,
average daily vehicle traffic, total number of trains
per day, average daily number of crossing closures, the
challenges of grade crossings located near
international borders, proximity to established
emergency evacuation routes, 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.--The Federal share for a project
carried out under this section 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
complies with section 22905.
(g) 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
project an amount that is not more than the
amount stipulated as the financial
participation of the Secretary for 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 (d) for selecting the
project for a grant; and
(iii) a description of how the
project meets such criteria.
(h) Appropriations Required.--An obligation or contingent
commitment may be made under subsection (g) only after amounts
are appropriated for such purpose.
(i) 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.
Sec. 22913. University Rail Climate Innovation Institute
(a) Establishment.--The Secretary of Transportation may make
a grant to an institution of higher education to establish a
University Rail Climate Innovation Institute (in this section
referred to as the `Institute') for the research and
development of low- and zero-emission rail technologies. Such
grant agreement shall not exceed 5 years.
(b) Eligible Applicants.--To be eligible for a grant under
the subsection (a), an institution of higher education shall--
(1) have an active research program to study the
development of low- and zero-emission rail technologies
or be able to demonstrate sufficient expertise in
relevant rail research and development;
(2) enter into a cost-sharing agreement for purposes
of the Institute with a railroad or rail supplier; and
(3) submit to the Secretary an application in such
form, at such time, and containing such information as
the Secretary may require.
(c) Eligible Projects.--A recipient of this grant under this
section may carry out the research, design, development, and
demonstration of 1 or more of the following:
(1) Hydrogen-powered locomotives and associated
locomotive technologies.
(2) Battery-powered locomotives and associated
locomotive technologies.
(3) Deployment of a revenue service testing and
demonstration program to accelerate commercial adoption
of low- or zero-emission locomotives.
(4) Development or deployment of an operating
prototype low- or zero-emission locomotive.
(5) Rail technologies that significantly reduce
greenhouse gas emissions, as determined appropriate by
the Secretary.
(d) Buy America Applicability.--For purposes of subsection
(c)(4), the recipient shall be in compliance with section
22905(a).
(e) Funding Requirement.--The Federal share of the total cost
of the Institute shall not exceed 50 percent.
(f) Considerations.--In selecting an applicant to receive
funding to establish the Institute, the Secretary shall
consider--
(1) the extent to which the proposed activities
maximize greenhouse gas reductions;
(2) the potential of the proposed activities to
increase the use of low- and zero- emission rail
technologies among the United States freight and
passenger rail industry; and
(3) the anticipated public benefits of the proposed
activities.
(g) Consideration of HBCUs.--In selecting an institution of
higher education for a grant award under this section, the
Secretary shall consider historically black colleges and
universities, as such term is defined in section 371(a)of the
Higher Education Act of 1965 (2010 U.S.C. 1067q), and other
minority institutions, as such term is defined by section 365
of such Act (20 U.S.C. 1067k).
(h) Notification.--
(1) Notice.--Not less than 3 days before an applicant
has been selected, 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 the
intention to award such a grant.
(2) Report.--The Institute shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the
Secretary an annual report summarizing the activities
undertaken by the Institute on low- and zero-emission
rail technologies.
(i) Institution of Higher Education Defined.--In this
section, the term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
* * * * * * *
PART C--PASSENGER TRANSPORTATION
* * * * * * *
CHAPTER 241--GENERAL
* * * * * * *
Sec. 24101. Findings, mission, and goals
(a) Findings.--(1) Public convenience and necessity require
that Amtrak[, to the extent its budget allows,] provide modern,
cost-efficient, and energy-efficient intercity rail passenger
transportation [between crowded urban areas and in other areas
of] throughout the United States.
(2) Rail passenger transportation can help alleviate
overcrowding of airways and airports and on highways, thereby
providing additional capacity for the traveling public and
widespread air quality benefits.
(3) A traveler in the United States should have the greatest
possible choice of transportation most convenient to the needs
of the traveler.
(4) A [greater] high degree of cooperation is necessary among
Amtrak, other rail carriers, State, regional, and local
governments, the private sector, labor organizations, and
suppliers of services and equipment [to Amtrak to achieve a
performance level sufficient to justify expending public money]
in order to meet the intercity passenger rail needs of the
United States.
(5) Modern and efficient intercity and commuter rail
passenger transportation is important to the viability and
well-being of major urban areas and to [the energy conservation
and self-sufficiency] addressing climate change, energy
conservation, and self-sufficiency goals of the United States.
(6) As a rail passenger transportation entity, Amtrak should
be available to operate commuter rail passenger transportation
[through its subsidiary, Amtrak Commuter,] under contract with
commuter authorities that do not provide the transportation
themselves as part of the governmental function of the State.
(7) The Northeast Corridor is a valuable resource of the
United States used by intercity and commuter rail passenger
transportation and freight transportation.
(8) Greater coordination between intercity and commuter rail
passenger transportation is required.
(9) Long-distance intercity passenger rail provides economic
benefits to rural communities and offers intercity travel
opportunities where such options are often limited, making
long-distance intercity passenger rail an important part of the
national transportation system.
(10) The Northeast Corridor, long-distance routes, and State-
supported routes are interconnected and collectively provide
national rail passenger transportation.
(11) Investments in intercity and commuter rail passenger
transportation support jobs that provide a pathway to the
middle class.
(b) Mission.--[The mission of Amtrak is to provide efficient
and effective intercity passenger rail mobility consisting of
high quality service that is trip-time competitive with other
intercity travel options and that is consistent] The mission of
Amtrak is to provide a safe, efficient, and high-quality
national intercity passenger rail system that is trip-time
competitive with other intercity travel options, consistent
with the goals set forth in subsection (c).
(c) Goals.--Amtrak shall--
[(1) use its best business judgment in acting to
minimize United States Government subsidies,
including--
[(A) increasing fares;
[(B) increasing revenue from the
transportation of mail and express;
[(C) reducing losses on food service;
[(D) improving its contracts with operating
rail carriers;
[(E) reducing management costs; and
[(F) increasing employee productivity;]
(1) use its best business judgment in acting to
maximize the benefits of public funding;
(2) [minimize Government subsidies by encouraging]
work with State, regional, and local governments and
the private sector, separately or in combination, to
share the cost of providing rail passenger
transportation, including the cost of operating
facilities[;] and improvements to service;
[(3) carry out strategies to achieve immediately
maximum productivity and efficiency consistent with
safe and efficient transportation;]
(3) manage the passenger rail network in the interest
of public transportation needs, including current and
future Amtrak passengers;
(4) operate Amtrak trains, to the maximum extent
feasible, to all station stops within 15 minutes of the
time established in public timetables;
(5) develop transportation on rail corridors
subsidized by States and private parties;
(6) implement schedules based on a systemwide average
speed of at least 60 miles an hour that can be achieved
with a degree of reliability and passenger comfort;
(7) [encourage] work with rail carriers to assist in
improving intercity rail passenger transportation;
(8) improve generally the performance of Amtrak
through comprehensive and systematic operational
programs and employee incentives;
(9) provide additional or complementary intercity
transportation service to ensure mobility in times of
national disaster or other instances where other travel
options are not adequately available;
(10) carry out policies that ensure equitable access
to the Northeast Corridor by intercity and commuter
rail passenger transportation;
(11) coordinate the uses of the Northeast Corridor,
particularly intercity and commuter rail passenger
transportation; [and]
[(12) maximize the use of its resources, including
the most cost-effective use of employees, facilities,
and real property.]
(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, equitable,
and accommodating to passengers with disabilities and
members of underserved communities; and
(14) maximize the benefits Amtrak generates for the
United States by creating quality jobs and supporting
the domestic workforce.
[(d) Minimizing Government Subsidies.--To carry out
subsection (c)(12) of this section, Amtrak is encouraged to
make agreements with the private sector and undertake
initiatives that are consistent with good business judgment and
designed to maximize its revenues and minimize Government
subsidies. Amtrak shall prepare a financial plan, consistent
with section 204 of the Passenger Rail Investment and
Improvement Act of 2008, including the budgetary goals for
fiscal years 2009 through 2013. Amtrak and its Board of
Directors shall adopt a long-term plan that minimizes the need
for Federal operating subsidies.]
* * * * * * *
Sec. 24103. Enforcement
(a) General.--(1) Except as provided in paragraph (2) of this
subsection and section 24308(c), only the Attorney General may
bring a civil action for equitable relief in a district court
of the United States when Amtrak or a rail carrier--
(A) engages in or adheres to an action, practice, or
policy inconsistent with this part or chapter 229;
(B) obstructs or interferes with an activity
authorized under this part or chapter 229;
(C) refuses, fails, or neglects to discharge its
duties and responsibilities under this part or chapter
229; or
(D) threatens--
(i) to engage in or adhere to an action,
practice, or policy inconsistent with this part
or chapter 229;
(ii) to obstruct or interfere with an
activity authorized by this part or chapter
229; or
(iii) to refuse, fail, or neglect to
discharge its duties and responsibilities under
this part or chapter 229.
(2) An employee affected by any conduct or threat referred to
in paragraph (1) of this subsection, or an authorized employee
representative, may bring the civil action if the conduct or
threat involves a labor agreement.
(b) Review of Discontinuance or Reduction.--A discontinuance
of a route, a train, or transportation, or a reduction in the
frequency of transportation, by Amtrak is reviewable only in a
civil action for equitable relief brought by the Attorney
General.
(c) Venue.--Except as otherwise prohibited by law, a civil
action under this section may be brought in the judicial
district in which Amtrak or the rail carrier resides or is
found.
* * * * * * *
CHAPTER 242--PROJECT DELIVERY
Sec.
* * * * * * *
Sec. 24203. Advance acquisition.
* * * * * * *
SEC. 24203. ADVANCE ACQUISITION.
(a) Rail Corridor Preservation.--The Secretary of
Transportation may assist a recipient of Federal financial
assistance provided by the Secretary for an intercity passenger
rail project in acquiring a right-of-way and adjacent real
property interests before or during the completion of the
environmental reviews for a project that may use such property
interests if the acquisition is otherwise permitted under
Federal law.
(b) Certification.--Before authorizing advance acquisition
under this section, the Secretary shall verify that--
(1) the recipient has authority to acquire the real
property interest; and
(2) the acquisition of the real property interest--
(A) is for a transportation purpose;
(B) will not cause significant adverse
environmental impact;
(C) will not limit the choice of reasonable
alternatives for the proposed project or
otherwise influence the decision of the
Secretary on any approval required for the
project;
(D) does not prevent the lead agency from
making an impartial decision as to whether to
accept an alternative that is being considered;
(E) complies with other applicable Federal
laws and regulations; and
(F) will not result in elimination or
reduction of benefits or assistance to a
displaced person required by the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.) and title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d et seq.).
(c) Environmental Reviews.--
(1) Completion of nepa review.--Before reimbursing or
approving the expenditure of Federal funding for an
acquisition of a real property interest, the Secretary
shall complete all review processes otherwise required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), section 4(f) of the Department of
Transportation Act of 1966 (49 U.S.C. 303), and section
106 of the National Historic Preservation Act (16
U.S.C. 470f) with respect to the acquisition.
(2) Timing of development acquisition.--A real
property interest acquired under subsection (a) may not
be developed in anticipation of the proposed project
until all required environmental reviews for the
project have been completed.
(d) Inclusion in Non-federal Share of Project Costs.--Non-
Federal funds used to acquire right-of-way and adjacent real
property interests under this section before or during the
environmental review, or before the award of a grant by the
Secretary, shall be included in determining the non-Federal
share of the costs of the underlying intercity passenger rail
project.
(e) Savings Clause.--The advance acquisition process
described in this section--
(1) is in addition to processes in effect on or
before the date of enactment of the TRAIN Act; and
(2) does not affect--
(A) any right of the recipient described in
subsection (a) to acquire property; or
(B) any other environmental review process,
program, agreement, or funding arrangement
related to the acquisition of real property, in
effect on the date of enactment of the TRAIN
Act.
CHAPTER 243--AMTRAK
Sec.
* * * * * * *
[24321. Food and beverage reform.]
24321. Amtrak food and beverage.
* * * * * * *
24323. Prohibition on smoking on Amtrak trains.
24324. Disaster and emergency relief program.
24325. Amtrak cybersecurity enhancement and resiliency grant program.
24326. Amtrak Office of Community Outreach.
24327. Amtrak carbon-free and renewable energy initiatives.
Sec. 24301. Status and applicable laws
(a) Status.--Amtrak--
(1) is a railroad carrier under section [20102(2)]
20102 and chapters 261 and 281 of this title;
(2) shall be operated and managed as a for-profit
corporation serving the public interest in reliable
passenger rail service; and
(3) is not a department, agency, or instrumentality
of the United States Government, and shall not be
subject to title 31.
(b) Principal Office and Place of Business.--The principal
office and place of business of Amtrak are in the District of
Columbia. Amtrak is qualified to do business in each State in
which Amtrak carries out an activity authorized under this
part. Amtrak shall accept service of process by certified mail
addressed to the secretary of Amtrak at its principal office
and place of business. Amtrak is a citizen only of the District
of Columbia when deciding original jurisdiction of the district
courts of the United States in a civil action.
(c) Application of Subtitle IV.--Subtitle IV of this title
shall not apply to Amtrak, except for sections 11123, 11301,
11322(a), 11502, and 11706. Notwithstanding the preceding
sentence, Amtrak shall continue to be considered an employer
under the Railroad Retirement Act of 1974, the Railroad
Unemployment Insurance Act, and the Railroad Retirement Tax
Act.
(d) Application of Safety and Employee Relations Laws and
Regulations.--Laws and regulations governing safety, employee
representation for collective bargaining purposes, the handling
of disputes between carriers and employees, employee
retirement, annuity, and unemployment systems, and other
dealings with employees that apply to a rail carrier subject to
part A of subtitle IV of this title apply to Amtrak.
(e) Application of Certain Additional Laws.--Section 552 of
title 5, this part, and, to the extent consistent with this
part, the District of Columbia Business Corporation Act (D.C.
Code Sec. 29-301 et seq.) apply to Amtrak. Section 552 of
title 5, United States Code, applies to Amtrak for any fiscal
year in which Amtrak receives a Federal subsidy.
(f) Tax Exemption for Certain Commuter Authorities.--A
commuter authority that was eligible to make a contract with
Amtrak Commuter to provide commuter rail passenger
transportation but which decided to provide its own rail
passenger transportation beginning January 1, 1983, is exempt,
effective October 1, 1981, from paying a tax or fee to the same
extent Amtrak is exempt.
(g) Nonapplication of Rate, Route, and Service Laws.--A State
or other law related to rates, routes, or service does not
apply to Amtrak in connection with rail passenger
transportation.
(h) Nonapplication of Pay Period Laws.--A State or local law
related to pay periods or days for payment of employees does
not apply to Amtrak. Except when otherwise provided under a
collective bargaining agreement, an employee of Amtrak shall be
paid at least as frequently as the employee was paid on October
1, 1979.
(i) Preemption Related to Employee Work Requirements.--A
State may not adopt or continue in force a law, rule,
regulation, order, or standard requiring Amtrak to employ a
specified number of individuals to perform a particular task,
function, or operation.
(j) Nonapplication of Laws on Joint Use or Operation of
Facilities and Equipment.--Prohibitions of law applicable to an
agreement for the joint use or operation of facilities and
equipment necessary to provide quick and efficient rail
passenger transportation do not apply to a person making an
agreement with Amtrak to the extent necessary to allow the
person to make and carry out obligations under the agreement.
(k) Exemption From Additional Taxes.--(1) In this
subsection--
(A) ``additional tax'' means a tax or fee--
(i) on the acquisition, improvement,
ownership, or operation of personal property by
Amtrak; and
(ii) on real property, except a tax or fee on
the acquisition of real property or on the
value of real property not attributable to
improvements made, or the operation of those
improvements, by Amtrak.
(B) ``Amtrak'' includes a rail carrier subsidiary of
Amtrak and a lessor or lessee of Amtrak or one of its
rail carrier subsidiaries.
(2) Amtrak is not required to pay an additional tax because
of an expenditure to acquire or improve real property,
equipment, a facility, or right-of-way material or structures
used in providing rail passenger transportation, even if that
use is indirect.
(l) Exemption From Taxes Levied After September 30, 1981.--
(1) In general.--Amtrak, a rail carrier subsidiary of Amtrak,
and any passenger or other customer of Amtrak or such
subsidiary, are exempt from a tax, fee, head charge, or other
charge, imposed or levied by a State, political subdivision, or
local taxing authority on Amtrak, a rail carrier subsidiary of
Amtrak, or on persons traveling in intercity rail passenger
transportation or on mail or express transportation provided by
Amtrak or such a subsidiary, or on the carriage of such
persons, mail, or express, or on the sale of any such
transportation, or on the gross receipts derived therefrom
after September 30, 1981. In the case of a tax or fee that
Amtrak was required to pay as of September 10, 1982, Amtrak is
not exempt from such tax or fee if it was assessed before April
1, 1997.
(2) The district courts of the United States have original
jurisdiction over a civil action Amtrak brings to enforce this
subsection and may grant equitable or declaratory relief
requested by Amtrak.
(m) Waste Disposal.--(1) An intercity rail passenger car
manufactured after October 14, 1990, shall be built to provide
for the discharge of human waste only at a servicing facility.
Amtrak shall retrofit each of its intercity rail passenger cars
that was manufactured after May 1, 1971, and before October 15,
1990, with a human waste disposal system that provides for the
discharge of human waste only at a servicing facility. Subject
to appropriations--
(A) the retrofit program shall be completed not later
than October 15, 2001; and
(B) a car that does not provide for the discharge of
human waste only at a servicing facility shall be
removed from service after that date.
(2) Section 361 of the Public Health Service Act (42 U.S.C.
264) and other laws of the United States, States, and local
governments do not apply to waste disposal from rail carrier
vehicles operated in intercity rail passenger transportation.
The district courts of the United States have original
jurisdiction over a civil action Amtrak brings to enforce this
paragraph and may grant equitable or declaratory relief
requested by Amtrak.
(n) Rail Transportation Treated Equally.--When authorizing
transportation in the continental United States for an officer,
employee, or member of the uniformed services of a department,
agency, or instrumentality of the Government, the head of that
department, agency, or instrumentality shall consider rail
transportation (including transportation by extra-fare trains)
the same as transportation by another authorized mode. The
Administrator of General Services shall include Amtrak in the
contract air program of the Administrator in markets in which
transportation provided by Amtrak is competitive with other
carriers on fares and total trip times.
(o) Applicability of District of Columbia Law.--Any lease or
contract entered into between Amtrak and the State of Maryland,
or any department or agency of the State of Maryland, after the
date of the enactment of this subsection shall be governed by
the laws of the District of Columbia.
Sec. 24302. Board of directors
(a) Composition and Terms.--
(1) The Amtrak Board of Directors (referred to in
this section as the ``Board'') is composed of the
following 10 directors, each of whom must be a citizen
of the United States:
(A) The Secretary of Transportation.
(B) The [President of Amtrak] Chief Executive
Officer of Amtrak, who shall serve as a
nonvoting member of the Board.
[(C) 8 individuals appointed by the President
of the United States, by and with the advice
and consent of the Senate, with general
business and financial experience, experience
or qualifications in transportation, freight
and passenger rail transportation, travel,
hospitality, cruise line, or passenger air
transportation businesses, or representatives
of employees or users of passenger rail
transportation or a State government.]
(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 intercity passenger rail
service. 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 representative of
Amtrak employees;
(iv) 1 shall be an individual with a
history of regular Amtrak ridership and
an understanding of the concerns of
intercity rail passengers;
(v) 1 shall be an individual with--
(I) demonstrated experience
or demonstrated interest in the
Northeast Corridor and the
National Network; and
(II) industry experience or
qualifications in
transportation, freight and
passenger rail transportation,
travel, or passenger air
transportation; and
(vi) 1 shall be an individual with
general business and financial
experience who has demonstrated
experience or demonstrated interest in
the Northeast Corridor and the National
Network.
(2) In selecting individuals described in paragraph
(1) for nominations for appointments to the Board, the
President shall consult with the Speaker of the House
of Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and
the minority leader of the Senate and try to provide
adequate and balanced representation of users of
Amtrak, including the elderly and individuals with
disabilities, and the major geographic regions of the
United States served by Amtrak.
(3) An individual appointed under paragraph (1)(C) of
this subsection shall be appointed for a term of 5
years. Such term may be extended until the individual's
successor is appointed and qualified. [Not more than 5]
Not more than 4 individuals appointed under paragraph
(1)(C) may be members of the same political party. 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.
(4) The Board shall elect a chairman and a vice
chairman, other than the [President] Chief Executive
Officer of Amtrak, from among its membership. The vice
chairman shall serve as chairman in the absence of the
chairman.
[(5) The Secretary may be represented at Board
meetings by the Secretary's designee.]
(5) The Secretary and any Governor of a State may be
represented at a Board meeting by a designee.
(b) [Pay and Expenses] Duties, Pay, and Expenses.--Each
director must consider the well-being of current and future
Amtrak passengers, the public interest in sustainable national
passenger rail service, and balance the preceding
considerations with the fiduciary responsibilities of the
director and the mission and goals of Amtrak. Each director not
employed by the United States Government or Amtrak is entitled
to reasonable pay when performing Board duties. Each director
not employed by the United States Government is entitled to
reimbursement from Amtrak for necessary travel, reasonable
secretarial and professional staff support, and subsistence
expenses incurred in attending Board meetings.
(c) Travel.--(1) Each director not employed by the United
States Government shall be subject to the same travel and
reimbursable business travel expense policies and guidelines
that apply to Amtrak's executive management when performing
Board duties.
(2) Not later than 60 days after the end of each fiscal year,
the Board shall submit a report describing all travel and
reimbursable business travel expenses paid to each director
when performing Board duties to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(3) The report submitted under paragraph (2) shall include a
detailed justification for any travel or reimbursable business
travel expense that deviates from Amtrak's travel and
reimbursable business travel expense policies and guidelines.
(d) Vacancies.--A vacancy on the Board is filled in the same
way as the original selection, except that an individual
appointed by the President of the United States under
subsection (a)(1)(C) of this section to fill a vacancy
occurring before the end of the term for which the predecessor
of that individual was appointed is appointed for the remainder
of that term. A vacancy required to be filled by appointment
under subsection (a)(1)(C) must be filled not later than 120
days after the vacancy occurs.
(e) Quorum.--A majority of the members serving who are
eligible to vote shall constitute a quorum for doing business.
(f) Bylaws.--The Board may adopt and amend bylaws governing
the operation of Amtrak. The bylaws shall be consistent with
this part and the articles of incorporation.
(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 a designee of the Governor.
* * * * * * *
Sec. 24305. General authority
(a) Acquisition and Operation of Equipment and Facilities.--
(1) Amtrak may acquire, operate, maintain, and make contracts
for the operation and maintenance of equipment and facilities
necessary for intercity and commuter rail passenger
transportation, the transportation of mail and express, and
auto-ferry transportation.
(2) Amtrak shall operate and control directly, to the extent
practicable, all aspects of the rail passenger transportation
it provides.
(3)(A) Except as provided in subsection (d)(2), Amtrak may
enter into a contract with a motor carrier of passengers for
the intercity transportation of passengers by motor carrier
over regular routes only--
(i) if the motor carrier is not a public recipient of
governmental assistance, as such term is defined in
section 13902(b)(8)(A) of this title, other than a
recipient of funds under section 5311 of this title;
(ii) for passengers who have had prior movement by
rail or will have subsequent movement by rail; and
(iii) if the buses, when used in the provision of
such transportation, are used exclusively for the
transportation of passengers described in clause (ii).
(B) Subparagraph (A) shall not apply to transportation funded
predominantly by a State or local government, or to ticket
selling agreements.
(b) Maintenance and Rehabilitation.--Amtrak may maintain and
rehabilitate rail passenger equipment and shall maintain a
regional maintenance plan that includes--
(1) a review panel at the principal office of Amtrak
consisting of members the President of Amtrak
designates;
(2) a systemwide inventory of spare equipment parts
in each operational region;
(3) enough maintenance employees for cars and
locomotives in each region;
(4) a systematic preventive maintenance program;
(5) periodic evaluations of maintenance costs, time
lags, and parts shortages and corrective actions; and
(6) other elements or activities Amtrak considers
appropriate.
(c) Miscellaneous Authority.--Amtrak may--
(1) make and carry out appropriate agreements;
(2) transport mail and express and shall use all
feasible methods to obtain the bulk mail business of
the United States Postal Service;
(3) improve its reservation system and advertising;
(4) provide food and beverage services on its trains
[only if revenues from the services each year at least
equal the cost of providing the services];
(5) conduct research, development, and demonstration
programs related to the mission of Amtrak; and
(6) buy or lease rail rolling stock and develop and
demonstrate improved rolling stock.
(d) Through Routes and Joint Fares.--(1) Establishing through
routes and joint fares between Amtrak and other intercity rail
passenger carriers and motor carriers of passengers is
consistent with the public interest and the transportation
policy of the United States. Congress encourages establishing
those routes and fares.
(2) Amtrak may establish through routes and joint fares with
any domestic or international motor carrier, air carrier, or
water carrier.
(3) Congress encourages Amtrak and motor common carriers of
passengers to use the authority conferred in sections 11322 and
14302 of this title for the purpose of providing improved
service to the public and economy of operation.
(e) Rail Police.--Amtrak may directly employ or contract with
rail police to provide security for rail passengers and
property of Amtrak. Rail police directly employed by or
contracted by Amtrak who have complied with a State law
establishing requirements applicable to rail police or
individuals employed in a similar position may be directly
employed or contracted without regard to the law of another
State containing those requirements.
(f) Domestic Buying Preferences.--(1) In this subsection,
``United States'' means the States, territories, and
possessions of the United States and the District of Columbia.
(2) Amtrak shall buy only--
(A) unmanufactured articles, material, and supplies
mined or produced in the United States; or
(B) manufactured articles, material, and supplies
manufactured in the United States substantially from
articles, material, and supplies mined, produced, or
manufactured in the United States.
(3) Paragraph (2) of this subsection applies only when the
cost of those articles, material, or supplies bought is at
least $1,000,000.
(4) On application of Amtrak, the Secretary of Transportation
may exempt Amtrak from this subsection if the Secretary decides
that--
(A) for particular articles, material, or supplies--
(i) the requirements of paragraph (2) of this
subsection are inconsistent with the public
interest;
(ii) the cost of imposing those requirements
is unreasonable; or
(iii) the articles, material, or supplies, or
the articles, material, or supplies from which
they are manufactured, are not mined, produced,
or manufactured in the United States in
sufficient and reasonably available commercial
quantities and are not of a satisfactory
quality; or
(B) rolling stock or power train equipment cannot be
bought and delivered in the United States within a
reasonable time.
* * * * * * *
Sec. 24307. Special transportation
(a) Reduced Fare Program.--Amtrak shall maintain a reduced
fare program [for the following:] of at least a 10 percent
discount on full-price coach class rail fares for, at a
minimum--
(1) individuals at least 65 years of age[.];
[(2) individuals (except alcoholics and drug abusers)
who--
[(A) have a physical or mental impairment
that substantially limits a major life activity
of the individual;
[(B) have a record of an impairment; or
[(C) are regarded as having an impairment.]
(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.
(b) Employee Transportation.--(1) In this subsection, ``rail
carrier employee'' means--
(A) an active full-time employee of a rail carrier or
terminal company and includes an employee on furlough
or leave of absence;
(B) a retired employee of a rail carrier or terminal
company; and
(C) a dependent of an employee referred to in clause
(A) or (B) of this paragraph.
(2) Amtrak shall ensure that a rail carrier employee eligible
for free or reduced-rate rail transportation on April 30, 1971,
under an agreement in effect on that date is eligible, to the
greatest extent practicable, for free or reduced-rate intercity
rail passenger transportation provided by Amtrak under this
part, if space is available, on terms similar to those
available on that date under the agreement. However, Amtrak may
apply to all rail carrier employees eligible to receive free or
reduced-rate transportation under any agreement a single
systemwide schedule of terms that Amtrak decides applied to a
majority of employees on that date under all those agreements.
Unless Amtrak and a rail carrier make a different agreement,
the carrier shall reimburse Amtrak at the rate of 25 percent of
the systemwide average monthly yield of each revenue passenger-
mile. The reimbursement is in place of costs Amtrak incurs
related to free or reduced-rate transportation, including
liability related to travel of a rail carrier employee eligible
for free or reduced-rate transportation.
(3) This subsection does not prohibit the Surface
Transportation Board from ordering retroactive relief in a
proceeding begun or reopened after October 1, 1981.
Sec. 24308. Use of facilities and providing services to Amtrak
(a) General Authority.--(1) Amtrak may make an agreement with
a rail carrier or regional transportation authority to use
facilities of, and have services provided by, the carrier or
authority under terms on which the parties agree. The terms
shall include a penalty for untimely performance.
(2)(A) If the parties cannot agree and if the Surface
Transportation Board finds it necessary to carry out this part,
the Board shall--
(i) order that the facilities be made available and
the services provided to Amtrak; and
(ii) prescribe reasonable terms and compensation for
using the facilities and providing the services.
(B) When prescribing reasonable compensation under
subparagraph (A) of this paragraph, the Board shall consider
quality of service as a major factor when determining whether,
and the extent to which, the amount of compensation shall be
greater than the incremental costs of using the facilities and
providing the services.
(C) The Board shall decide the dispute not later than 90 days
after Amtrak submits the dispute to the Board.
(3) Amtrak's right to use the facilities or have the services
provided is conditioned on payment of the compensation. If the
compensation is not paid promptly, the rail carrier or
authority entitled to it may bring an action against Amtrak to
recover the amount owed.
(4) Amtrak shall seek immediate and appropriate legal
remedies to enforce its contract rights when track maintenance
on a route over which Amtrak operates falls below the
contractual standard.
(b) Operating During Emergencies.--To facilitate operation by
Amtrak during an emergency, the Board, on application by
Amtrak, shall require a rail carrier to provide facilities
immediately during the emergency. The Board then shall promptly
prescribe reasonable terms, including indemnification of the
carrier by Amtrak against personal injury risk to which the
carrier may be exposed. The rail carrier shall provide the
facilities for the duration of the emergency.
(c) Preference Over Freight Transportation.--Except in an
emergency, intercity and commuter rail passenger transportation
provided by or for Amtrak has preference over freight
transportation in using a rail line, junction, or crossing
unless the Board orders otherwise under this subsection. A rail
carrier affected by this subsection may apply to the Board for
relief. If the Board, after an opportunity for a hearing under
section 553 of title 5, decides that preference for intercity
and commuter rail passenger transportation materially will
lessen the quality of freight transportation provided to
shippers, the Board shall establish the rights of the carrier
and Amtrak on reasonable terms. 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.
(d) Accelerated Speeds.--If a rail carrier refuses to allow
accelerated speeds on trains operated by or for Amtrak, Amtrak
may apply to the Board for an order requiring the carrier to
allow the accelerated speeds. The Board shall decide whether
accelerated speeds are unsafe or impracticable and which
improvements would be required to make accelerated speeds safe
and practicable. After an opportunity for a hearing, the Board
shall establish the maximum allowable speeds of Amtrak trains
on terms the Board decides are reasonable.
(e) Additional Trains.--[(1) When a rail carrier does not
agree to provide, or allow Amtrak to provide, for the operation
of additional trains over a rail line of the carrier, Amtrak
may apply to the Board for an order requiring the carrier to
provide or allow for the operation of the requested trains.
After a hearing on the record, the Board may order the carrier,
within 60 days, to provide or allow for the operation of the
requested trains on a schedule based on legally permissible
operating times. However, if the Board decides not to hold a
hearing, the Board, not later than 30 days after receiving the
application, shall publish in the Federal Register the reasons
for the decision not to hold the hearing.] (1)(A) When a rail
carrier does not agree to allow Amtrak to operate additional
trains in accordance with proposed schedules 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. Not later than 90 days after receipt of such
application, the Board shall determine whether the additional
trains would unreasonably impair freight transportation and--
(i) upon 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) upon 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) [The Board shall consider] The Board shall--
[(A) when conducting a hearing, whether an order
would impair unreasonably freight transportation of the
rail carrier, with the carrier having the burden of
demonstrating that the additional trains will impair
the freight transportation; and]
(A) in making the determination under paragraph (1),
take into account any infrastructure investments
previously made by, or on behalf of, Amtrak, or
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
(B) when establishing scheduled running times,
consider investments described in subparagraph (A) and
the statutory goal of Amtrak to implement schedules
that attain a system-wide average speed of at least 60
miles an hour that can be adhered to with a high degree
of reliability and passenger comfort.
(3) Unless the parties have an agreement that establishes the
compensation Amtrak will pay the carrier for additional trains
provided under an order under this subsection, the Board shall
decide the dispute under subsection (a) of this section.
(4) In a proceeding initiated by the Board under paragraph
(1)(A)(ii), 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)(A)(ii), the
Board shall issue an order requiring the rail carrier to allow
for the operation of the requested trains provided that any
conditions enumerated by the Board are met. In determining the
necessary level of additional infrastructure or other
investments needed to mitigate unreasonable impairment of
freight transportation, 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
with respect to operating the additional trains.
(f) Passenger Train Performance and Other Standards.--
(1) Investigation of substandard performance.--If the
on-time performance of any intercity passenger train
averages less than 80 percent for any 2 consecutive
calendar quarters, or the service quality of intercity
passenger train operations for which minimum standards
are established under section 207 of the Passenger Rail
Investment and Improvement Act of 2008 fails to meet
those standards for 2 consecutive calendar quarters,
the Surface Transportation Board (referred to in this
section as the ``Board'') may initiate an
investigation, or upon the filing of a complaint by
Amtrak, an intercity passenger rail operator, a host
freight railroad over which Amtrak operates, or an
entity for which Amtrak operates intercity passenger
rail service, the Board shall initiate such an
investigation, to determine whether and to what extent
delays or failure to achieve minimum standards are due
to causes that could reasonably be addressed by a rail
carrier over whose tracks the intercity passenger train
operates or reasonably addressed by Amtrak or other
intercity passenger rail operators. As part of its
investigation, the Board has authority to review the
accuracy of the train performance data and the extent
to which scheduling and congestion contribute to
delays. In making its determination or carrying out
such an investigation, the Board shall obtain
information from all parties involved and identify
reasonable measures and make recommendations to improve
the service, quality, and on-time performance of the
train.
(2) Problems caused by host rail carrier.--If the
Board determines that delays or failures to achieve
minimum standards investigated under paragraph (1) are
attributable to a rail carrier's failure to provide
preference to Amtrak over freight transportation as
required under subsection (c), the Board may award
damages against the host rail carrier, including
prescribing such other relief to Amtrak as it
determines to be reasonable and appropriate pursuant to
paragraph (3) of this subsection.
(3) Damages and relief.--In awarding damages and
prescribing other relief under this subsection the
Board shall consider such factors as--
(A) the extent to which Amtrak suffers
financial loss as a result of host rail carrier
delays or failure to achieve minimum standards;
and
(B) what reasonable measures would adequately
deter future actions which may reasonably be
expected to be likely to result in delays to
Amtrak on the route involved.
(4) Use of damages.--The Board shall, as it deems
appropriate, order the host rail carrier to remit the
damages awarded under this subsection to Amtrak or to
an entity for which Amtrak operates intercity passenger
rail service. Such damages shall be used for capital or
operating expenditures on the routes over which delays
or failures to achieve minimum standards were the
result of a rail carrier's failure to provide
preference to Amtrak over freight transportation as
determined in accordance with paragraph (2).
* * * * * * *
Sec. 24312. Labor standards
(a) Prevailing Wages and Health and Safety Standards.--Amtrak
shall ensure that laborers and mechanics employed by
contractors and subcontractors in construction work financed
under an agreement made under section 24308(a) of this title
will be paid wages not less than those prevailing on similar
construction in the locality, as determined by the Secretary of
Labor under sections 3141-3144, 3146, and 3147 of title 40.
Amtrak may make such an agreement only after being assured that
required labor standards will be maintained on the construction
work. Health and safety standards prescribed by the Secretary
under section 3704 of title 40 apply to all construction work
performed under such an agreement, except for construction work
performed by a rail carrier.
(b) Wage Rates.--Wage rates in a collective bargaining
agreement negotiated under the Railway Labor Act (45 U.S.C. 151
et seq.) are deemed to comply with sections 3141-3144, 3146,
and 3147 of title 40.
(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
appropriate 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.--Amtrak shall ensure that at least
one Amtrak ticket agent is employed at each station
building where at least one Amtrak ticket agent was
employed on or after October 1, 2017.
(2) Locations.--Amtrak shall ensure that at least one
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 long-distance
train in the previous fiscal year exceeds the
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. For
fiscal year 2021, ridership from fiscal year
2019 shall be used to determine qualifying
stations.
(3) Exception.--This subsection does not apply to any
station building in which a commuter rail ticket agent
has the authority to sell Amtrak tickets.
(4) Amtrak ticket agent.--For purposes of this
section, the term ``Amtrak ticket agent'' means an
Amtrak employee with authority to sell Amtrak tickets
onsite and assist in the checking of Amtrak passenger
baggage.
(5) Effective date.--This subsection shall take
effect on the earlier of--
(A) the date of the expiration of the
emergency declaration issued by the President
on March 13, 2020, pursuant to section 501(b)
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b));
or
(B) the day after the period that is the
first 6 consecutive months within a calendar
year for which Amtrak ridership exceeds the
Amtrak ridership for the same 6 consecutive
calendar months in 2019.
* * * * * * *
Sec. 24315. Reports and audits
(a) Amtrak Annual Operations Report.--Not later than February
15 of each year, Amtrak shall submit to Congress a report
that--
(1) for each route on which Amtrak provided intercity
rail passenger transportation during the prior fiscal
year, includes information on--
(A) ridership;
(B) passenger-miles;
(C) the short-term avoidable profit or loss
for each passenger-mile;
(D) the revenue-to-cost ratio;
(E) revenues;
(F) the United States Government subsidy;
(G) the subsidy not provided by the United
States Government; and
(H) on-time performance;
(2) provides relevant information about a decision to
pay an officer of Amtrak more than the rate for level I
of the Executive Schedule under section 5312 of title
5; and
(3) specifies--
(A) significant operational problems Amtrak
identifies; and
(B) proposals by Amtrak to solve those
problems.
(b) Amtrak General and Legislative Annual Report.--(1) Not
later than February 15 of each year, Amtrak shall submit to the
President and Congress a complete report of its operations,
activities, and accomplishments, including a statement of
revenues and expenditures for the prior fiscal year. The
report--
(A) shall include a discussion and accounting of
Amtrak's success in meeting the goal of section
24902(b) of this title; and
(B) may include recommendations for legislation,
including the amount of financial assistance needed for
operations and capital improvements, the method of
computing the assistance, and the sources of the
assistance.
(2) Amtrak may submit reports to the President and Congress
at other times Amtrak considers desirable.
(c) Secretary's Report on Effectiveness of This Part.--The
Secretary of Transportation shall prepare a report on the
effectiveness of this part in meeting the requirements for a
balanced transportation system in the United States. The report
may include recommendations for legislation. The Secretary
shall include this report as part of the annual report the
Secretary submits under section 308(a) of this title.
(d) Independent Audits.--An independent certified public
accountant shall audit the financial statements of Amtrak each
year. The audit shall be carried out at the place at which the
financial statements normally are kept and under generally
accepted auditing standards. A report of the audit shall be
included in the report required by subsection (a) of this
section.
(e) Comptroller General Audits.--The Comptroller General may
conduct performance audits of the activities and transactions
of Amtrak. Each audit shall be conducted at the place at which
the Comptroller General decides and under generally accepted
management principles. The Comptroller General may prescribe
regulations governing the audit.
(f) Availability of Records and Property of Amtrak and Rail
Carriers.--Amtrak and, if required by the Comptroller General,
a rail carrier with which Amtrak has made a contract for
intercity rail passenger transportation shall make available
for an audit under subsection (d) or (e) of this section all
records and property of, or used by, Amtrak or the carrier that
are necessary for the audit. Amtrak and the carrier shall
provide facilities for verifying transactions with the balances
or securities held by depositories, fiscal agents, and
custodians. Amtrak and the carrier may keep all reports and
property.
(g) Comptroller General's Report to Congress.--The
Comptroller General shall submit to Congress a report on each
audit, giving comments and information necessary to inform
Congress on the financial operations and condition of Amtrak
and recommendations related to those operations and conditions.
The report also shall specify any financial transaction or
undertaking the Comptroller General considers is carried out
without authority of law. When the Comptroller General submits
a report to Congress, the Comptroller General shall submit a
copy of it to the President, the Secretary, and Amtrak at the
same time.
(h) Access to Records and Accounts.--A State shall have
access to Amtrak's records, accounts, and other necessary
documents used to determine the amount of any payment to Amtrak
required of the State.
(i) Access to Recreational Trails.--At least 30 days before
implementing a new policy, structure, or operation that impedes
access to recreational trails, Amtrak shall work with
potentially affected communities, making a good-faith effort to
address local concerns about such access. Not later than
February 15 of each year, 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 any such engagement in the
preceding calendar year, and any changes to policies,
structures, or operations affecting access to recreational
trails that were considered or made as a result. The report
shall include Amtrak's plans to mitigate the impact to such
access.
* * * * * * *
Sec. 24317. Accounts
(a) Purpose.--The purpose of this section is to--
(1) promote the effective use and stewardship by
Amtrak of Amtrak revenues, Federal, State, and third
party investments, appropriations, grants and other
forms of financial assistance, and other sources of
funds; and
(2) enhance the transparency of the assignment of
revenues and costs among Amtrak business lines while
ensuring the health of the Northeast Corridor and
National Network.
(b) Account Structure.--Not later than 180 days after the
date of enactment of the Passenger Rail Reform and Investment
Act of 2015, the Secretary of Transportation, in consultation
with Amtrak, shall define an account structure and improvements
to accounting methodologies, as necessary, to support, at a
minimum, the Northeast Corridor and the National Network.
(c) Financial Sources.--In defining the account structure and
improvements to accounting methodologies required under
subsection (b), the Secretary shall ensure, to the greatest
extent practicable, that Amtrak assigns the following:
(1) For the Northeast Corridor account, all revenues,
appropriations, grants and other forms of financial
assistance, compensation, and other sources of funds
associated with the Northeast Corridor, including--
(A) grant funds appropriated for the
Northeast Corridor pursuant to section 11101(a)
of the Passenger Rail Reform and Investment Act
of 2015 or any subsequent Act;
(B) compensation received from commuter rail
passenger transportation providers for such
providers' share of capital and operating costs
on the Northeast Corridor provided to Amtrak
pursuant to section 24905(c); and
(C) any operating surplus of the Northeast
Corridor, as allocated pursuant to section
24318.
(2) For the National Network account, all revenues,
appropriations, grants and other forms of financial
assistance, compensation, and other sources of funds
associated with the National Network, including--
(A) grant funds appropriated for the National
Network pursuant to section 11101(b) of the
Passenger Rail Reform and Investment Act of
2015 or any subsequent Act;
(B) compensation received from States
provided to Amtrak pursuant to section 209 of
the Passenger Rail Investment and Improvement
Act of 2008 (42 U.S.C. 24101 note); and
(C) any operating surplus of the National
Network, as allocated pursuant to section
24318.
(d) Financial Uses.--In defining the account structure and
improvements to accounting methodologies required under
subsection (b), the Secretary shall ensure, to the greatest
extent practicable, that amounts assigned to the Northeast
Corridor and National Network accounts shall be used by Amtrak
for the following:
(1) For the Northeast Corridor, all associated costs,
including--
(A) operating activities;
(B) capital activities as described in
section [24904(a)(2)(E)] 24904(b)(2)(E);
(C) acquiring, rehabilitating, manufacturing,
remanufacturing, overhauling, or improving
equipment and associated facilities used for
intercity rail passenger transportation by
Northeast Corridor train services;
(D) payment of principal and interest on
loans for capital projects described in this
paragraph or for capital leases attributable to
the Northeast Corridor;
(E) other capital projects on the Northeast
Corridor, determined appropriate by the
Secretary, and consistent with section
24905(c)(1)(A)(i); and
(F) if applicable, capital projects described
in section [24904(b)] 24904(c).
(2) For the National Network, all associated costs,
including--
(A) operating activities;
(B) capital activities; and
(C) the payment of principal and interest on
loans or capital leases attributable to the
National Network.
(e) Implementation and Reporting.--
(1) In general.--Not later than 1 year after the date
of enactment of the Passenger Rail Reform and
Investment Act of 2015, Amtrak, in consultation with
the Secretary, shall implement any account structures
and improvements defined under subsection (b) so that
Amtrak is able to produce profit and loss statements
for each of the business lines described in section
24320(b)(1) and, as appropriate, each of the asset
categories described in section 24320(c)(1) that
identify sources and uses of--
(A) revenues;
(B) appropriations; and
(C) transfers between business lines.
(2) Updated profit and loss statements.--Not later
than 1 month after the implementation under paragraph
(1), and monthly thereafter, Amtrak shall submit
updated profit and loss statements for each of the
business lines and asset categories to the Secretary.
(f) Account Management.--For the purposes of account
management, Amtrak may transfer funds between the Northeast
Corridor account and National Network account without prior
notification and approval under subsection (g) if such
transfers--
(1) do not materially impact Amtrak's ability to
achieve its anticipated financial, capital, and
operating performance goals for the fiscal year; and
(2) would not materially change any grant agreement
entered into pursuant to section 24319(d), or other
agreements made pursuant to applicable Federal law.
(g) Transfer Authority.--
(1) In general.--If Amtrak determines that a transfer
between the accounts defined under subsection (b) does
not meet the account management standards established
under subsection (f), Amtrak may transfer funds between
the Northeast Corridor and National Network accounts
if--
(A) Amtrak notifies the Amtrak Board of
Directors, including the Secretary, at least 10
days prior to the expected date of transfer;
and
(B) solely for a transfer that will
materially change a grant agreement, the
Secretary approves.
(2) Report.--Not later than 5 days after the Amtrak
Board of Directors receives notification from Amtrak
under paragraph (1)(A), the Board shall transmit to the
Secretary, the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives, and the Committee on
Commerce, Science, and Transportation and the Committee
on Appropriations of the Senate, a report that
includes--
(A) the amount of the transfer; and
(B) a detailed explanation of the reason for
the transfer, including--
(i) the effects on Amtrak services
funded by the account from which the
transfer is drawn, in comparison to a
scenario in which no transfer was made;
and
(ii) the effects on Amtrak services
funded by the account receiving the
transfer, in comparison to a scenario
in which no transfer was made.
(3) Notifications.--Not later than 5 days after the
date that Amtrak notifies the Amtrak Board of Directors
of a transfer under paragraph (1) to or from an
account, Amtrak shall transmit to the State-Supported
Route Committee and Northeast Corridor Commission a
letter that includes the information described under
subparagraphs (A) and (B) of paragraph (2).
(h) Report.--Not later than 2 years after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, Amtrak shall submit to the Secretary a report assessing
the account and reporting structure established under this
section and providing any recommendations for further action.
Not later than 180 days after the date of receipt of such
report, the Secretary shall provide an assessment that
supplements Amtrak's report and submit the Amtrak report with
the supplemental assessment to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(i) Definition of Northeast Corridor.--Notwithstanding
section 24102, for purposes of this section, the term
``Northeast Corridor'' means the Northeast Corridor main line
between Boston, Massachusetts, and the District of Columbia,
and facilities and services used to operate and maintain that
line.
* * * * * * *
Sec. 24320. Amtrak 5-year business line and asset plans
(a) In General.--
(1) Final plans.--Not later than February 15 of each
year, Amtrak shall submit to Congress and the Secretary
of Transportation final 5-year business line plans and
5-year asset plans prepared in accordance with this
section. These final plans shall form the basis for
Amtrak's general and legislative annual report to the
President and Congress required by section 24315(b).
Each plan shall cover a period of 5 fiscal years,
beginning with the first fiscal year after the date on
which the plan is completed.
(2) Fiscal constraint.--Each plan prepared under this
section shall be based on funding levels authorized or
otherwise available to Amtrak in a fiscal year. In the
absence of an authorization or appropriation of funds
for a fiscal year, the plans shall be based on the
amount of funding available in the previous fiscal
year, plus inflation. Amtrak may include an appendix to
the asset plan required in subsection (c) that
describes any funding needs in excess of amounts
authorized or otherwise available to Amtrak in a fiscal
year.
(b) Amtrak 5-Year Business Line Plans.--
(1) Amtrak business lines.--Amtrak shall prepare a 5-
year business line plan for each of the following
business lines and services:
(A) Northeast Corridor train services.
(B) State-supported routes operated by
Amtrak.
(C) Long-distance routes operated by Amtrak.
(D) Ancillary services operated by Amtrak,
including commuter operations and other revenue
generating activities as determined by the
Secretary in coordination with Amtrak.
(2) Contents of 5-year business line plans.--The 5-
year business line plan for each business line shall
include, at a minimum--
(A) a statement of Amtrak's objectives,
goals, and service plan for the business line,
in consultation with any entities that are
contributing capital or operating funding to
support passenger rail services within those
business lines, and aligned with Amtrak's
Strategic Plan and 5-year asset plans under
subsection (c);
(B) all projected revenues and expenditures
for the business line, including identification
of revenues and expenditures incurred by--
(i) passenger operations;
(ii) non-passenger operations that
are directly related to the business
line; and
(iii) governmental funding sources,
including revenues and other funding
received from States;
(C) projected ridership levels for all
passenger operations;
(D) estimates of long-term and short-term
debt and associated principal and interest
payments (both current and forecasts);
(E) annual profit and loss statements and
forecasts and balance sheets;
(F) annual cash flow forecasts;
(G) a statement describing the methodologies
and significant assumptions underlying
estimates and forecasts;
(H) specific performance measures that
demonstrate year over year changes in the
results of Amtrak's operations;
(I) financial performance for each route
within each business line, including
descriptions of the cash operating loss or
contribution and productivity for each route;
(J) specific costs and savings estimates
resulting from reform initiatives;
(K) prior fiscal year and projected equipment
reliability statistics; and
(L) an identification and explanation of any
major adjustments made from previously-approved
plans.
(3) 5-year business line plans process.--In meeting
the requirements of this section, Amtrak shall--
(A) consult with the Secretary in the
development of the business line plans;
(B) for the Northeast Corridor business line
plan, consult with the Northeast Corridor
Commission and transmit to the Commission the
final plan under subsection (a)(1), and consult
with other entities, as appropriate;
(C) for the State-supported route business
line plan, consult with the State-Supported
Route Committee established under section
24712;
(D) for the long-distance route business line
plan, consult with any States or Interstate
Compacts that provide funding for such routes,
as appropriate;
(E) ensure that Amtrak's general and
legislative annual report, required under
section 24315(b), to the President and Congress
is consistent with the information in the 5-
year business line plans; and
(F) identify the appropriate Amtrak officials
that are responsible for each business line.
(4) Definition of northeast corridor.--
Notwithstanding section 24102, for purposes of this
section, the term ``Northeast Corridor'' means the
Northeast Corridor main line between Boston,
Massachusetts, and the District of Columbia, and
facilities and services used to operate and maintain
that line.
(c) Amtrak 5-Year Asset Plans.--
(1) Asset categories.--Amtrak shall prepare a 5-year
asset plan for each of the following asset categories:
(A) Infrastructure, including all Amtrak-
controlled Northeast Corridor assets and other
Amtrak-owned infrastructure, and the associated
facilities that support the operation,
maintenance, and improvement of those assets.
(B) Passenger rail equipment, including all
Amtrak-controlled rolling stock, locomotives,
and mechanical shop facilities that are used to
overhaul equipment.
(C) Stations, including all Amtrak-controlled
passenger rail stations and elements of other
stations for which Amtrak has legal
responsibility or intends to make capital
investments.
(D) National assets, including national
reservations, security, training and training
centers, and other assets associated with
Amtrak's national rail passenger transportation
system.
(2) Contents of 5-year asset plans.--Each asset plan
shall include, at a minimum--
(A) a summary of Amtrak's 5-year strategic
plan for each asset category, including goals,
objectives, any relevant performance metrics,
and statutory or regulatory actions affecting
the assets;
(B) an inventory of existing Amtrak capital
assets, to the extent practicable, including
information regarding shared use or ownership,
if applicable;
(C) a prioritized list of proposed capital
investments that--
(i) categorizes each capital project
as being primarily associated with--
(I) normalized capital
replacement;
(II) backlog capital
replacement;
(III) improvements to support
service enhancements or growth;
(IV) strategic initiatives
that will improve overall
operational performance, lower
costs, or otherwise improve
Amtrak's corporate efficiency;
or
(V) statutory, regulatory, or
other legal mandates;
(ii) identifies each project or
program that is associated with more
than 1 category described in clause
(i); and
(iii) describes the anticipated
business outcome of each project or
program identified under this
subparagraph, including an assessment
of--
(I) the potential effect on
passenger operations, safety,
reliability, and resilience;
(II) the potential effect on
Amtrak's ability to meet
regulatory requirements if the
project or program is not
funded; and
(III) the benefits and costs;
[and]
(D) a summary of Amtrak's plan to meet the
workforce needs of each asset category, which
shall--
(i) identify any gaps in Amtrak's
workforce, including any vacancy, skill
gap, or shortage of qualified
personnel;
(ii) summarize any action Amtrak is
taking to address any such gaps; and
(iii) summarize any anticipated
change to the size of the Amtrak
workforce and any cause for such
change; and
[(D)] (E) annual profit and loss statements
and forecasts and balance sheets for each asset
category.
(3) 5-year asset plan process.--In meeting the
requirements of this subsection, Amtrak shall--
(A) consult with each business line described
in subsection (b)(1) in the preparation of each
5-year asset plan and ensure integration of
each 5-year asset plan with the 5-year business
line plans;
(B) as applicable, consult with the Northeast
Corridor Commission, the State-Supported Route
Committee, and owners of assets affected by 5-
year asset plans; and
(C) identify the appropriate Amtrak officials
that are responsible for each asset category.
(4) Evaluation of national assets costs.--The
Secretary shall--
(A) evaluate the costs and scope of all
national assets; and
(B) determine the activities and costs that
are--
(i) required in order to ensure the
efficient operations of a national rail
passenger system;
(ii) appropriate for allocation to 1
of the other Amtrak business lines; and
(iii) extraneous to providing an
efficient national rail passenger
system or are too costly relative to
the benefits or performance outcomes
they provide.
(5) Definition of national assets.--In this section,
the term ``national assets'' means the Nation's core
rail assets shared among Amtrak services, including
national reservations, security, training and training
centers, and other assets associated with Amtrak's
national rail passenger transportation system.
(6) Restructuring of national assets.--Not later than
1 year after the date of completion of the evaluation
under paragraph (4), the Administrator of the Federal
Railroad Administration, in consultation with the
Amtrak Board of Directors, the governors of each
relevant State, and the Mayor of the District of
Columbia, or their designees, shall restructure or
reallocate, or both, the national assets costs in
accordance with the determination under that section,
including making appropriate updates to Amtrak's cost
accounting methodology and system.
(7) Exemption.--
(A) In general.--Upon written request from
the Amtrak Board of Directors, the Secretary
may exempt Amtrak from including in a plan
required under this subsection any information
described in paragraphs (1) and (2).
(B) Public availability.--The Secretary shall
make available to the public on the
Department's Internet Web site any exemption
granted under subparagraph (A) and a detailed
justification for granting such exemption.
(C) Inclusion in plan.--Amtrak shall include
in the plan required under this subsection any
request granted under subparagraph (A) and
justification under subparagraph (B).
(d) Standards to Promote Financial Stability.--In preparing
plans under this section, Amtrak shall--
(1) apply sound budgetary practices, including
reducing costs and other expenditures, improving
productivity, increasing revenues, or combinations of
such practices; and
(2) use the categories specified in the financial
accounting and reporting system developed under section
203 of the Passenger Rail Investment and Improvement
Act of 2008 (49 U.S.C. 24101 note).
[Sec. 24321. Food and beverage reform
[(a) Plan.--Not later than 90 days after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, Amtrak shall develop and begin implementing a plan to
eliminate, within 5 years of such date of enactment, the
operating loss associated with providing food and beverage
service on board Amtrak trains.
[(b) Considerations.--In developing and implementing the
plan, Amtrak shall consider a combination of cost management
and revenue generation initiatives, including--
[(1) scheduling optimization;
[(2) on-board logistics;
[(3) product development and supply chain efficiency;
[(4) training, awards, and accountability;
[(5) technology enhancements and process
improvements; and
[(6) ticket revenue allocation.
[(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--
[(1) the development and implementation of the plan
required under subsection (a); or
[(2) any other action taken by Amtrak to implement
this section.
[(d) Report.--Not later than 120 days after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, and annually thereafter for 5 years, Amtrak shall
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 containing
the plan developed pursuant to subsection (a) and a description
of progress in the implementation of the plan.]
Sec. 24321. Amtrak food and beverage
(a) Ensuring Access to Food and Beverage Services.--On all
long-distance routes, Amtrak shall ensure that all passengers
who travel overnight on such route shall have access to
purchasing the food and beverages that are provided to sleeping
car passengers on such route.
(b) Food and Beverage Workforce.--
(1) Workforce requirement.--Amtrak shall ensure that
any individual onboard a train who prepares or provides
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.
* * * * * * *
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.
Sec. 24324. 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 section 22905(c)(2)(A) and other 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.
Sec. 24325. Amtrak cybersecurity enhancement and resiliency grant
program
(a) In General.--The Secretary of Transportation shall make
grants to Amtrak for improvements in information technology
systems, including cyber resiliency improvements for Amtrak
information technology assets.
(b) Application of Best Practices.--Any cyber resiliency
improvements carried out with a grant under this section shall
be consistent with cybersecurity industry best practices and
publications issued by the National Institute of Standards and
Technology.
(c) Coordination of Cybersecurity Funds.--Funds made
available to carry out this section shall be in addition to any
other Federal funds and shall not affect the ability of Amtrak
to use any other funds otherwise authorized by law for purposes
of enhancing the cybersecurity architecture of Amtrak.
(d) Grant Conditions.--In carrying out this section--
(1) to the extent practicable, the Secretary shall
provide grants consistent with the process established
under section 24319;
(2) the Secretary shall ensure that a grant made
available under this section shall be administered and
disbursed as part of Amtrak's annual grant agreement as
authorized by section 24319(d)(1)(B); and
(3) a grant made under this section shall be subject
to such terms and conditions as the Secretary
determines necessary.
Sec. 24326. Amtrak Office of Community Outreach
(a) In General.--Not later than 180 days after the date of
enactment of the TRAIN Act, Amtrak shall establish an Office of
Community Outreach to engage with communities impacted by
Amtrak operations.
(b) Responsibilities.--The Office of Community Outreach shall
be responsible for--
(1) outreach and engagement with--
(A) local officials before capital
improvement project plans are finalized; and
(B) local stakeholders and relevant
organizations on projects of community
significance;
(2) clear explanation and publication of how
community members can communicate with Amtrak;
(3) the use of virtual public involvement, social
media, and other web-based tools to encourage public
participation and solicit public feedback; and
(4) making publicly available on the website of
Amtrak, planning documents for proposed and implemented
capital improvement projects.
(c) Report to Congress.--Not later than 1 year after the
establishment of the Office of Community Outreach, and annually
thereafter, Amtrak shall submit to the Committee on
Transportation and Infrastructure in the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) describes the community outreach efforts
undertaken by the Amtrak Office of Community Outreach
for the previous year; and
(2) identifies changes Amtrak made to capital
improvement project plans after engagement with
affected communities.
Sec. 24327. Amtrak carbon-free and renewable energy initiatives
(a) Emissions Reduction and Energy Plan.--
(1) In general.--Not later than 1 year after the date
of enactment of the TRAIN Act, Amtrak shall--
(A) develop a greenhouse gas emissions
reduction and energy plan that sets forth a
goal of, a strategy for achieving, and
potential timelines and funding requirements
for--
(i) becoming a net-zero carbon
emissions transportation provider; and
(ii) achieving net-zero carbon
emissions with respect to Amtrak
operations within the Northeast
Corridor;
(B) submit the plan to the Secretary of
Transportation, the Committee on Transportation
and Infrastructure of the House of
Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate; and
(C) publish the plan on Amtrak's website.
(2) Additional requirements.--The plan developed
under paragraph (1) shall contain--
(A) at least 1 option for becoming a net-zero
carbon emissions transportation provider not
later than January 1, 2035; and
(B) at least 1 option for achieving net-zero
carbon emissions with respect to Amtrak
operations within the Northeast Corridor not
later than January 1, 2030.
(3) Annual progress reports.--
(A) In general.--After submission and
publication of the plan developed under
paragraph (1), Amtrak shall include in each
general and legislative annual report required
under section 24315(b), an update on Amtrak's
progress towards--
(i) becoming a net-zero carbon
emissions transportation provider; and
(ii) achieving net-zero carbon
emissions with respect to Amtrak
operations within the Northeast
Corridor.
(B) Legislative recommendations.--The update
required under subparagraph (A) may include
recommendations for legislative changes or
changes to funding levels likely to increase
the rate of Amtrak's progress.
(b) Carbon-free and Renewable Energy Use.--
(1) Energy source requirement.--Not later than 180
days after the date of enactment of the TRAIN Act,
Amtrak shall ensure that any new or renewed contract
between Amtrak and a provider of electricity that is
used to meet the needs of train traction power or rail
facility power requires that an amount equal to or
greater that 25 percent of such electricity is derived
from carbon-free or renewable energy sources.
(2) Increased energy source goals.--Amtrak shall
establish goals for increasing the energy source
requirements described in paragraph (1), including a
goal of requiring--
(A) at least 50 percent of electricity
derived from such sources for new or renewed
contracts entered into beginning 5 years after
the date of enactment of the TRAIN Act; and
(B) 100 percent of electricity derived from
such sources for new or renewed contracts
entered into on or after January 1, 2030.
(3) Exceptions.--The requirements of paragraph (1)
shall not apply in any case in which--
(A) no provider of electricity is able to
provide the necessary levels of carbon-free or
renewable energy;
(B) compliance with such requirements would
adversely affect Amtrak's operations or quality
of service to an unreasonable degree; or
(C) compliance with such requirements would
cause an increase of at least 50 percent in
total cost of electricity, as compared to the
total cost of electricity Amtrak would
otherwise have acquired.
(4) Report.--Not later than 1 year after the date of
enactment of the TRAIN 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 that
identifies opportunities to further increase Amtrak's
use of carbon-free and renewable energy for train
traction power needs and facility power needs.
* * * * * * *
CHAPTER 247--AMTRAK ROUTE SYSTEM
* * * * * * *
[Sec. 24712. State-supported routes operated by Amtrak
[(a) State-Supported Route Committee.--
[(1) Establishment.--Not later than 180 days after
the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Secretary of Transportation
shall establish the State-Supported Route Committee
(referred to in this section as the ``Committee'') to
promote mutual cooperation and planning pertaining to
the rail operations of Amtrak and related activities of
trains operated by Amtrak on State-supported routes and
to further implement section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
[(2) Membership.--
[(A) In general.--The Committee shall consist
of--
[(i) members representing Amtrak;
[(ii) members representing the
Department of Transportation, including
the Federal Railroad Administration;
and
[(iii) members representing States.
[(B) Non-voting members.--The Committee may
invite and accept other non-voting members to
participate in Committee activities, as
appropriate.
[(3) Decisionmaking.--The Committee shall establish a
bloc voting system under which, at a minimum--
[(A) there are 3 separate voting blocs to
represent the Committee's voting members,
including--
[(i) 1 voting bloc to represent the
members described in paragraph
(2)(A)(i);
[(ii) 1 voting bloc to represent the
members described in paragraph
(2)(A)(ii); and
[(iii) 1 voting bloc to represent the
members described in paragraph
(2)(A)(iii);
[(B) each voting bloc has 1 vote;
[(C) the vote of the voting bloc representing
the members described in paragraph (2)(A)(iii)
requires the support of at least two-thirds of
that voting bloc's members; and
[(D) the Committee makes decisions by
unanimous consent of the 3 voting blocs.
[(4) Meetings; rules and procedures.--The Committee
shall convene a meeting and shall define and implement
the rules and procedures governing the Committee's
proceedings not later than 180 days after the date of
establishment of the Committee by the Secretary. The
rules and procedures shall--
[(A) incorporate and further describe the
decisionmaking procedures to be used in
accordance with paragraph (3); and
[(B) be adopted in accordance with such
decisionmaking procedures.
[(5) Committee decisions.--Decisions made by the
Committee in accordance with the Committee's rules and
procedures, once established, are binding on all
Committee members.
[(6) Cost allocation methodology.--
[(A) In general.--Subject to subparagraph
(B), the Committee may amend the cost
allocation methodology required and previously
approved under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49
U.S.C. 24101 note).
[(B) Procedures for changing methodology.--
The rules and procedures implemented under
paragraph (4) shall include procedures for
changing the cost allocation methodology.
[(C) Requirements.--The cost allocation
methodology shall--
[(i) ensure equal treatment in the
provision of like services of all
States and groups of States; and
[(ii) allocate to each route the
costs incurred only for the benefit of
that route and a proportionate share,
based upon factors that reasonably
reflect relative use, of costs incurred
for the common benefit of more than 1
route.
[(b) Invoices and Reports.--Not later than April 15, 2016,
and monthly thereafter, Amtrak shall provide to each State that
sponsors a State-supported route a monthly invoice of the cost
of operating such route, including fixed costs and third-party
costs. The Committee shall determine the frequency and contents
of financial and performance reports that Amtrak shall provide
to the States, as well as the planning and demand reports that
the States shall provide to Amtrak.
[(c) Dispute Resolution.--
[(1) Request for dispute resolution.--If a dispute
arises with respect to the rules and procedures
implemented under subsection (a)(4), an invoice or a
report provided under subsection (b), implementation or
compliance with the cost allocation methodology
developed under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note) or amended under subsection (a)(6) of this
section, either Amtrak or the State may request that
the Surface Transportation Board conduct dispute
resolution under this subsection.
[(2) Procedures.--The Surface Transportation Board
shall establish procedures for resolution of disputes
brought before it under this subsection, which may
include provision of professional mediation services.
[(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be
binding on the parties to the dispute.
[(4) Obligation.--Nothing in this subsection shall
affect the obligation of a State to pay an amount not
in dispute.
[(d) Assistance.--
[(1) In general.--The Secretary may provide
assistance to the parties in the course of negotiations
for a contract for operation of a State-supported
route.
[(2) Financial assistance.--From among available
funds, the Secretary shall provide--
[(A) financial assistance to Amtrak or 1 or
more States to perform requested independent
technical analysis of issues before the
Committee; and
[(B) administrative expenses that the
Secretary determines necessary.
[(e) Performance Metrics.--In negotiating a contract for
operation of a State-supported route, Amtrak and the State or
States that sponsor the route shall consider including
provisions that provide penalties and incentives for
performance.
[(f) Statement of Goals and Objectives.--
[(1) In general.--The Committee shall develop a
statement of goals, objectives, and associated
recommendations concerning the future of State-
supported routes operated by Amtrak. The statement
shall identify the roles and responsibilities of
Committee members and any other relevant entities, such
as host railroads, in meeting the identified goals and
objectives, or carrying out the recommendations. The
Committee may consult with such relevant entities, as
the Committee considers appropriate, when developing
the statement.
[(2) Transmission of statement of goals and
objectives.--Not later than 2 years after the date of
enactment of the Passenger Rail Reform and Investment
Act of 2015, the Committee shall transmit the statement
developed under paragraph (1) to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of
the House of Representatives.
[(g) Rule of Construction.--The decisions of the Committee--
[(1) shall pertain to the rail operations of Amtrak
and related activities of trains operated by Amtrak on
State-sponsored routes; and
[(2) shall not pertain to the rail operations or
related activities of services operated by other rail
carriers on State-supported routes.
[(h) Definition of State.--In this section, the term
``State'' means any of the 50 States, including the District of
Columbia, that sponsor the operation of trains by Amtrak on a
State-supported route, or a public entity that sponsors such
operation on such a route.]
Sec. 24712. State-supported routes operated by Amtrak
(a) State-Supported Route Committee.--
(1) Establishment.--There is established a State-
Supported Route Committee (referred to in this section
as the ``Committee'') to promote mutual cooperation and
planning pertaining to the current and future rail
operations of Amtrak and related activities of trains
operated by Amtrak on State-supported routes and to
further implement section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 24101
note).
(2) Membership.--
(A) In general.--The Committee shall consist
of--
(i) members representing Amtrak;
(ii) members representing the
Department of Transportation, including
the Federal Railroad Administration;
and
(iii) members representing States.
(B) Non-voting members.--The Committee may
invite and accept other non-voting members to
participate in Committee activities, as
appropriate.
(3) Decisionmaking.--The Committee shall establish a
bloc voting system under which, at a minimum--
(A) there are 3 separate voting blocs to
represent the Committee's voting members,
including--
(i) 1 voting bloc to represent the
members described in paragraph
(2)(A)(i);
(ii) 1 voting bloc to represent the
members described in paragraph
(2)(A)(ii); and
(iii) 1 voting bloc to represent the
members described in paragraph
(2)(A)(iii);
(B) each voting bloc has 1 vote;
(C) the votes of the voting bloc representing
the members described in paragraph (2)(A)(iii)
requires the support of at least two-thirds of
that voting bloc's members; and
(D) the Committee makes decisions by
unanimous consent of the 3 voting blocs.
(4) Ability to conduct certain business.--If all
members of a voting bloc described in paragraph (3)
abstain from a Committee decision, agreement between
the other voting blocs consistent with the procedures
set forth in paragraph (3) shall be deemed unanimous
consent.
(5) Meetings; rules and procedures.--The Committee
shall define and periodically update the rules and
procedures governing the Committee's proceedings. The
rules and procedures shall--
(A) incorporate and further describe the
decisionmaking procedures to be used in
accordance with paragraph (3); and
(B) be adopted in accordance with such
decisionmaking procedures.
(6) Committee decisions.--Decisions made by the
Committee in accordance with the Committee's rules and
procedures, once established, are binding on all
Committee members.
(7) Cost methodology policy.--
(A) In general.--Subject to subparagraph (B),
the Committee may amend the cost methodology
policy required and previously approved under
section 209 of the Passenger Rail Investment
and Improvement Act of 2008 (49 U.S.C. 24101
note).
(B) Revisions to cost methodology policy.--
(i) Requirement to revise and
update.--Subject to the requirements of
clause (iii), the Committee shall, not
later than March 31, 2022, update the
cost methodology policy required and
previously approved under section 209
of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C.
24101 note). Such update shall be
consistent with the principles for
revision of the Committee pursuant to
such section and consistent with any
subsequent changes to such principles
approved by the Committee. The
Committee shall implement the updated
policy beginning in fiscal year 2023
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 a report
documenting and explaining any changes
to the policy and plans for
implementation not later than 30 days
after the adoption of the updated
policy.
(ii) Implementation impacts on
federal funding.--To the extent that a
policy implemented pursuant to clause
(i) assigns to Amtrak costs that were
previously allocated to States, Amtrak
shall request such costs in the general
and legislative annual report required
by section 24315 or in any appropriate
subsequent Federal funding request for
the fiscal year in which the revised
policy is implemented.
(iii) Procedures for changing
methodology.--The rules and procedures
implemented under paragraph (5) shall
include procedures for changing the
cost methodology policy under this
subparagraph, notwithstanding section
209(b) of the Passenger Rail Investment
and Improvement Act (49 U.S.C. 22 24101
note), and procedures or broad
guidelines for conducting financial
planning, including operating and
capital forecasting, reporting, and
data sharing and governance.
(C) Requirements.--The cost methodology
policy shall--
(i) ensure equal treatment in the
provision of like services of all
States and groups of States;
(ii) assign to each route the costs
incurred only for the benefit of that
route and a proportionate share, based
upon factors that reasonably reflect
relative use, of costs incurred for the
common benefit of more than 1 route;
and
(iii) promote increased efficiency in
Amtrak's operating and capital
activities.
(b) Invoices and Reports.--
(1) Monthly invoice.--Amtrak shall provide to each
State that sponsors a State-supported route a monthly
invoice of the cost of operating such route, including
fixed costs and third-party costs.
(2) Planning and demand reports.--A State shall
provide to the Committee and Amtrak planning and demand
reports with respect to a planned or existing State-
supported route.
(3) Financial and performance reports.--The Committee
shall require Amtrak to provide to the States and the
Committee financial and performance reports at a
frequency, and containing such information, as
determined appropriate by the Committee.
(c) Dispute Resolution.--
(1) Request for dispute resolution.--If a dispute
arises with respect to the rules and procedures
implemented under subsection (a)(5), an invoice or a
report provided under subsection (b), implementation or
compliance with the cost methodology policy developed
under section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (49 U.S.C. 24101 note) or
amended under subsection (a)(7) of this section, either
Amtrak or the State may request that the Surface
Transportation Board conduct dispute resolution under
this subsection.
(2) Procedures.--The Surface Transportation Board
shall establish procedures for resolution of disputes
brought before it under this subsection, which may
include provision of professional mediation services.
(3) Binding effect.--A decision of the Surface
Transportation Board under this subsection shall be
binding on the parties to the dispute.
(4) Obligation.--Nothing in this subsection shall
affect the obligation of a State to pay an amount
related to a State-supported route that a State
sponsors that is not in dispute.
(d) Assistance.--
(1) In general.--The Secretary may provide assistance
to the parties in the course of negotiations for a
contract for operation of a State-supported route.
(2) Financial assistance.--From among available
funds, the Secretary shall provide--
(A) financial assistance to Amtrak or 1 or
more States to perform requested independent
technical analysis of issues before the
Committee; and
(B) administrative expenses that the
Secretary determines necessary.
(e) Performance Metrics.--In negotiating a contract for
operation of a State-supported route, Amtrak and the State or
States that sponsor the route shall consider including
provisions that provide penalties and incentives for
performance, including incentives to--
(1) increase revenue;
(2) reduce costs;
(3) finalize contracts by the beginning of the
Federal fiscal year; and
(4) require States to promptly make payments for
services delivered.
(f) Statement of Goals and Objectives.--
(1) In general.--The Committee shall develop and
annually review and update, as necessary, a statement
of goals, objectives, and associated recommendations
concerning the future of State-supported routes
operated by Amtrak. The statement shall identify the
roles and responsibilities of Committee members and any
other relevant entities, such as host railroads, in
meeting the identified goals and objectives, or
carrying out the recommendations. 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. The Committee may consult with such
relevant entities, as the Committee considers
appropriate, when developing the statement.
(2) Transmission of statement of goals and
objectives.--Not later than March 31 of each year, the
Committee shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives the most recent annual update
to the statement developed under paragraph (1).
(g) New or Expanded State-supported Routes.--
(1) Coordination and consultation.--In developing a
new State-supported route or expanding an existing
State-supported route, Amtrak shall closely coordinate
with all States in which such route operates, and shall
consult with the following:
(A) The local municipalities in which the
proposed route operates.
(B) Commuter authorities and regional
transportation authorities (as such terms are
defined in section 24102) in the areas proposed
to be served by such route.
(C) The owner of any rail infrastructure over
which the proposed route operates.
(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 or expanded on or
after the date of enactment of the TRAIN Act, Amtrak
shall enter into an agreement with the State in which
the proposed route operates for sharing ongoing
operating costs and capital costs in accordance with--
(A) the cost methodology policy described
under subsection (a)(7); or
(B) the alternative cost methodology schedule
described in paragraph (3).
(3) Alternative cost methodology.--Under the cost
methodology schedule described in this paragraph, with
respect to costs not covered by revenues for the
operation of a State-supported route, Amtrak shall
pay--
(A) the share Amtrak otherwise would have
paid under the cost methodology under
subsection (a); and
(B) a percentage of the share that the State
otherwise would have paid under the cost
methodology policy under subsection (a)
according to the following:
(i) Amtrak shall pay up to 100
percent of the capital costs and
planning costs necessary to initiate a
new State-supported route or expand an
existing State-supported route,
including planning and development,
design, and environmental analysis
costs, 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 methodology
policy described under subsection (a)
as applicable.
(4) Definitions.--In this subsection, the terms
``capital cost'' and ``operating cost'' shall apply in
the same manner as such terms apply under the cost
methodology policy developed under subsection (a).
(h) Cost Methodology Update and Implementation Report.--Not
later than 18 months after an updated cost methodology policy
required under subsection (a)(7)(B) is implemented, 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 the implementation of the updated
policy.
(i) Identification of State-supported Route Changes.--Amtrak
shall provide an update in the general and legislative annual
report required by 24315(b) of planned or proposed changes to
State-supported routes, including the introduction of new
State-supported routes. In identifying routes to be considered
planned or proposed under this subsection, 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 a planned or proposed route may
operate, not less than 120 days before an annual grant
request is transmitted to the Secretary.
(j) Rule of Construction.--The decisions of the Committee--
(1) shall pertain to the rail operations of Amtrak
and related activities of trains operated by Amtrak on
State-sponsored routes; and
(2) shall not pertain to the rail operations or
related activities of services operated by other rail
carriers on State-supported routes.
(k) Definition of State.--In this section, the term ``State''
means any of the 50 States, including the District of Columbia,
that sponsor or propose to sponsor the operation of trains by
Amtrak on a State-supported route, or a public entity that
sponsors or proposes to sponsor such operation on such a route.
* * * * * * *
CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
* * * * * * *
Sec. 24904. Northeast Corridor planning
(a) Service 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 service
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 service 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) describe the anticipated outcomes of each
project or program, including an assessment of
improved capacity, travel time, and other
benefits and costs of proposed investments;
(E) include a financial strategy that
incorporates available funding and identifies
funding needs and potential sources of such
funding; and
(F) be updated at least every 5 years.
[(a)] (b) Northeast Corridor Capital Investment Plan.--
(1) Requirement.--[Not later than May 1 of each year,
the Northeast Corridor Commission established under
section 24905 (referred to in this section as the
``Commission'') shall] Not later than November 1 of
each year, the Commission shall--
(A) develop [a capital investment plan] an
annual capital investment plan for the
Northeast Corridor; and
(B) submit the capital investment plan for
the Northeast Corridor to the Secretary of
Transportation and the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Contents.--The capital investment plan shall--
(A) reflect coordination [and network
optimization] across the entire Northeast
Corridor;
(B) integrate the individual capital [and
service] plans developed by each operator using
the methods described in the cost allocation
policy developed under section 24905(c);
(C) cover a period of 5 fiscal years,
beginning with the [first fiscal year after the
date on which] fiscal year during which the
plan is completed;
(D) notwithstanding section 24902(b),
[identify, prioritize, and phase the
implementation of projects and programs to
achieve the service outcomes identified in the
Northeast Corridor service development plan and
the asset condition needs identified in the
Northeast Corridor asset management plans, once
available, and consider] document the projects
and programs being undertaken to achieve the
service outcomes identified in the Northeast
Corridor service development plan, once
available, and the asset condition needs
identified in the Northeast Corridor asset
management system described in subsection (e)
and consider--
(i) the overall estimated benefits
and costs of capital investments in the
plan;
(ii) project and program readiness;
(iii) the operational impacts; and
(iv) Federal and non-Federal funding
availability;
(E) categorize capital projects and programs
as primarily associated with--
(i) [normalized capital replacement
and] basic infrastructure renewals;
(ii) replacement or rehabilitation of
major Northeast Corridor infrastructure
assets, including tunnels, bridges,
stations, and other assets;
(iii) statutory, regulatory, or other
legal mandates;
(iv) improvements to support service
enhancements or growth; or
(v) strategic initiatives that will
improve overall operational performance
or lower costs;
(F) identify capital projects and programs
that are associated with more than 1 category
described in subparagraph (E); and
[(G) describe the anticipated outcomes of
each project or program, including an
assessment of--
[(i) the potential effect on
passenger accessibility, operations,
safety, reliability, and resiliency;
[(ii) the ability of infrastructure
owners and operators to meet regulatory
requirements if the project or program
is not funded; and
[(iii) the benefits and costs; and]
[(H)] (G) include a financial plan.
(3) Financial plan.--The financial plan under
[paragraph (2)(H)] paragraph (2)(G) shall--
(A) identify anticipated funding sources and
financing methods and, in the absence of an
authorization or appropriation of funds for a
fiscal year, be based on the amount of funding
available in the previous fiscal year, plus
inflation;
(B) identify the [expected allocated shares
of costs] status of cost sharing agreements
pursuant to the cost allocation policy
developed under section 24905(c);
(C) identify the projects and programs that
the Commission expects will receive Federal
financial assistance; [and]
(D) include any funding needs in excess of
amounts authorized or otherwise available in a
fiscal year; and
[(D)(E) identify the eligible entity or
entities that the Commission expects will
receive the Federal financial assistance
described under subparagraph (C) and implement
each capital project.
[(b)] (c) Failure To Develop a Capital Investment Plan.--If a
capital investment plan has not been developed by the
Commission for a given fiscal year, then the funds assigned to
the Northeast Corridor account established under section
24317(b) for that fiscal year [may be spent only on--]
[(1) capital projects described in clause (i) or
(iii) of subsection (a)(2)(E) of this section; or
[(2) capital projects described in subsection
(a)(2)(E)(iv) or (v) of this section that are for the
sole benefit of Amtrak.] may be spent only on capital
projects and programs contained in the Commission's
capital investment plan from the previous year.
[(c) Northeast Corridor Asset Management.--
[(1) Contents.--With regard to its infrastructure,
Amtrak and each State and public transportation entity
that owns infrastructure that supports or provides for
intercity rail passenger transportation on the
Northeast Corridor shall develop an asset management
system and develop and update, as necessary, a
Northeast Corridor asset management plan for each
service territory described in subsection (a) that--
[(A) is consistent with the Federal Transit
Administration process, as authorized under
section 5326, when implemented; and
[(B) includes, at a minimum--
[(i) an inventory of all capital
assets owned by the developer of the
asset management 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, including decision-support
tools and investment prioritization
methods; and
[(iv) a description of changes in
asset condition since the previous
version of the plan.
[(2) Transmittal.--Each entity described in paragraph
(1) shall transmit to the Commission--
[(A) not later than 2 years after the date of
enactment of the Passenger Rail Reform and
Investment Act of 2015, a Northeast Corridor
asset management plan developed under paragraph
(1); and
[(B) at least biennially thereafter, an
update to such plan.
[(d) Northeast Corridor Service Development Plan Updates.--
Not less frequently than once every 10 years, the Commission
shall update the Northeast Corridor service development plan.]
(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.--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--
(1) be timed consistent with the Federal Transit
Administration process, as authorized under section
5326, when implemented; and
(2) include, at a minimum--
(A) an inventory of all capital assets owned
by the developer of the plan;
(B) an assessment of asset condition;
(C) a description of the resources and
processes necessary to bring or maintain those
assets in a state of good repair; and
(D) a description of changes in asset
condition since the previous version of the
plan.
[(e)] (f) Definition of Northeast Corridor.--In this section,
the term ``Northeast Corridor'' means the main line between
Boston, Massachusetts, and the District of Columbia, and the
Northeast Corridor branch lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil,
New York, including the facilities and services used to operate
and maintain those lines.
Sec. 24905. Northeast Corridor Commission; Safety Committee
(a) Northeast Corridor Commission.--
(1) Within 180 days after the date of enactment of
the Passenger Rail Investment and Improvement Act of
2008, the Secretary of Transportation shall establish a
Northeast Corridor Commission (referred to in this
section as the ``Commission'') to promote mutual
cooperation and planning pertaining to the rail
operations, infrastructure investments, and related
activities of the Northeast Corridor. The Commission
shall be made up of--
(A) [members] 4 members representing Amtrak;
(B) [members] 5 members representing the
Department of Transportation, including the
Office of the Secretary, the Federal Railroad
Administration, and the Federal Transit
Administration;
(C) 1 member from each of the States
(including the District of Columbia) that
constitute the Northeast Corridor as defined in
section 24102, designated by, and serving at
the pleasure of, the chief executive officer
thereof; and
(D) non-voting representatives of freight
[and commuter railroad carriers using the
Northeast Corridor selected by the Secretary]
railroad carriers and commuter authorities
using the Northeast Corridor, as determined by
the Commission.
[(2) The Secretary shall ensure that the membership
belonging to any of the groups enumerated under
paragraph (1) shall not constitute a majority of the
Commission's memberships.]
(2) At least two 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) The Commission shall establish a schedule and
location for convening meetings, but shall meet no less
than four times per fiscal year, and the Commission
shall develop rules and procedures to govern the
Commission's proceedings.
(4) A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(5) Members shall serve without pay but shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703
of title 5.
(6) The members of the Commission shall elect co-
chairs consisting of 1 member described in paragraph
(1)(B) and 1 member described in paragraph (1)(C).
(7) The Commission may appoint and fix the pay of
such personnel as it considers appropriate.
(8) Upon request of the Commission, the head of any
department or agency of the United States may detail,
on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in
carrying out its duties under this section.
(9) Upon the request of the Commission, the
Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry
out its responsibilities under this section.
(10) The Commission shall consult with other entities
as appropriate.
(b) Statement of Goals and Recommendations.--
(1) Statement of goals.--The Commission shall develop
and periodically update a statement of goals concerning
the future of Northeast Corridor rail infrastructure
and operations based on achieving expanded and improved
intercity, commuter, and freight rail services
operating with greater safety and reliability, reduced
travel times, increased frequencies and enhanced
intermodal connections designed to address airport and
highway congestion, reduce transportation energy
consumption, improve air quality, and increase economic
development of the Northeast Corridor region.
(2) Recommendations.--The Commission shall develop
recommendations based on the statement developed under
this section addressing, as appropriate--
(A) short-term and long-term capital
investment needs;
(B) future funding requirements for capital
improvements and maintenance;
(C) operational improvements of intercity
passenger rail, commuter rail, and freight rail
services;
(D) opportunities for additional non-rail
uses of the Northeast Corridor;
(E) scheduling and dispatching;
(F) safety and security enhancements;
(G) equipment design;
(H) marketing of rail services;
(I) future capacity requirements; and
(J) potential funding and financing
mechanisms for projects of corridor-wide
significance.
(3) Submission of statement of goals,
recommendations, and performance reports.--The
Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives--
(A) any updates made to the statement of
goals developed under paragraph (1) not later
than 60 days after such updates are made; and
(B) annual performance reports and
recommendations for improvements, as
appropriate, issued not later than March 31 of
each year, for the prior fiscal year, which
summarize--
(i) the operations and performance of
commuter, intercity, and freight rail
transportation, including ridership
trends, along the Northeast Corridor;
and
(ii) the delivery of the [capital
investment plan described in section
24904.] first year of the capital
investment plan described in section
24904; and
(iii) progress in assessing and
eliminating the state-of-good-repair
backlog.
(c) Allocation of Costs.--
[(1) Development of policy.--] [The Commission
shall--]
[(A) develop a standardized policy]
(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, for determining and
allocating costs, revenues, and compensation
for Northeast Corridor commuter rail passenger
transportation, as defined in section 24102 of
this title, on the Northeast Corridor main line
between Boston, Massachusetts, and Washington,
District of Columbia, and the Northeast
Corridor branch lines connecting to Harrisburg,
Pennsylvania, Springfield, Massachusetts, and
Spuyten Duyvil, New York, that use Amtrak
facilities or services or that provide such
facilities or services to Amtrak that ensures
that--
(i) there is no cross-subsidization
of commuter rail passenger, intercity
rail passenger, or freight rail
transportation;
(ii) each service is assigned the
costs incurred only for the benefit of
that service, and a proportionate
share, based upon factors that
reasonably reflect relative use, of
costs incurred for the common benefit
of more than 1 service; and
(iii) all financial contributions
made by an operator of a service that
benefit an infrastructure owner other
than the operator are considered,
including but not limited to, any
capital infrastructure investments and
in-kind services;
(B) develop [a proposed timetable for
implementing] timetables for implementing and
maintaining the policy;
(C) submit [the policy and the timetable]
updates to the policy and the timetables
developed under subparagraph (B) to the Surface
Transportation Board, the Committee on
Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives;
[(D) not later than October 1, 2015, adopt
and implement the policy in accordance with the
timetable; and]
(D) support the efforts of the members of the
Commission to implement the policy in
accordance with such timetables; and
(E) with the consent of a majority of its
members, petition the Surface Transportation
Board to appoint a mediator to assist the
Commission members through nonbinding mediation
to reach an agreement under this section.
(2) Implementation.--[Amtrak and public authorities
providing commuter rail passenger transportation on the
Northeast Corridor shall implement new agreements for
usage of facilities or services based on the policy
developed under paragraph (1) in accordance with the
timetable established therein.] 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. If the
entities [fail to implement such new agreements] fail
to implement the policy in accordance with paragraph
(1)(D) or fail to comply with the policy thereafter,
the Surface Transportation Board shall determine the
appropriate compensation for such usage in accordance
with the procedures and procedural schedule applicable
to a proceeding under section 24903(c), after taking
into consideration the policy developed under
[paragraph (1)(A), as applicable] paragraph (1). The
Surface Transportation Board shall enforce its
determination on the party or parties involved.
(3) Revisions.--The Commission may make necessary
revisions to the policy developed under paragraph (1),
including revisions based on Amtrak's financial
accounting system developed pursuant to section 203 of
the Passenger Rail Investment and Improvement Act of
2008.
(4) Request for dispute resolution.--If a dispute
arises with the implementation of, or compliance with,
the policy developed under paragraph (1), the
Commission, Amtrak, or [public authorities providing
commuter rail passenger transportation] commuter
authorities on the Northeast Corridor may request that
the Surface Transportation Board conduct dispute
resolution. The Surface Transportation Board shall
establish procedures for resolution of disputes brought
before it under this paragraph, which may include the
provision of professional mediation services.
[(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for the use of the
Commission and the Northeast Corridor Safety Committee such
sums as may be necessary to carry out this section during
fiscal years 2016 through 2020, in addition to any amounts
withheld under section 11101(g) of the Passenger Rail Reform
and Investment Act of 2015.]
[(e)] (d) Northeast Corridor Safety Committee.--
(1) In general.--The Secretary shall establish a
Northeast Corridor Safety Committee composed of members
appointed by the Secretary. The members shall be
representatives of--
(A) the Department of Transportation,
including the Federal Railroad Administration;
(B) Amtrak;
(C) freight carriers operating more than
150,000 train miles a year on the main line of
the Northeast Corridor;
(D) [commuter rail agencies] commuter
authorities;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the
Secretary decides have a significant interest
in rail safety or security.
(2) Sunset.--The Committee established under this
subsection ceases to exist on the date that the
Secretary determines positive train control, as
required by section 20157, is fully implemented along
the Northeast Corridor.
* * * * * * *
Sec. 24911. Federal-State partnership for state of good repair
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means--
(A) a State (including the District of
Columbia);
(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;
(F) Amtrak, acting on its own behalf or under
a cooperative agreement with 1 or more States;
or
(G) any combination of the entities described
in subparagraphs (A) through (F).
(2) Capital project.--The term ``capital project''
means--
(A) a project primarily intended to replace,
rehabilitate, or repair major infrastructure
assets utilized for providing intercity rail
passenger service, including tunnels, bridges,
stations, and other assets, as determined by
the Secretary; or
(B) a project primarily intended to improve
intercity passenger rail performance, including
reduced trip times, increased train
frequencies, higher operating speeds, and other
improvements, as determined by the Secretary.
(3) Intercity rail passenger transportation.--The
term ``intercity rail passenger transportation'' has
the meaning given the term in section 24102.
(4) Northeast corridor.--The term ``Northeast
Corridor'' means--
(A) the main rail line between Boston,
Massachusetts and the District of Columbia;
(B) the branch rail lines connecting to
Harrisburg, Pennsylvania, Springfield,
Massachusetts, and Spuyten Duyvil, New York;
and
(C) facilities and services used to operate
and maintain lines described in subparagraphs
(A) and (B).
(5) Qualified railroad asset.--The term ``qualified
railroad asset'' means infrastructure, equipment, or a
facility that--
(A) is owned or controlled by an eligible
applicant;
(B) is contained in the planning document
developed under section 24904 and for which a
cost-allocation policy has been developed under
section 24905(c), or is contained in an
equivalent planning document and for which a
similar cost-allocation policy has been
developed; and
(C) was not in a state of good repair on the
date of enactment of the Passenger Rail Reform
and Investment Act of 2015.
(b) Grant Program Authorized.--The Secretary of
Transportation shall develop and implement a program for
issuing grants to applicants, on a competitive basis, to fund
capital projects that reduce the state of good repair backlog
with respect to qualified railroad assets.
(c) Eligible Projects.--Projects eligible for grants under
this section include capital projects to replace or
rehabilitate qualified railroad assets, including--
(1) capital projects to replace existing assets in-
kind;
(2) capital projects to replace existing assets with
assets that increase capacity or provide a higher level
of service;
(3) capital projects to ensure that service can be
maintained while existing assets are brought to a state
of good repair; and
(4) capital projects to bring existing assets into a
state of good repair.
(d) Project Selection Criteria.--In selecting an applicant
for a grant under this section, the Secretary shall--
(1) give preference to eligible projects for which--
(A) Amtrak is not the sole applicant;
(B) applications were submitted jointly by
multiple applicants; and
(C) the proposed Federal share of total
project costs does not exceed 50 percent; and
(2) take into account--
(A) the cost-benefit analysis of the proposed
project, including anticipated private and
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) efficiencies from improved
integration with other modes; and
(iv) ability to meet existing or
anticipated demand;
(B) the degree to which the proposed
project's business plan considers potential
private sector participation in the financing,
construction, or operation of the proposed
project;
(C) the applicant's past performance in
developing and delivering similar projects, and
previous financial contributions;
(D) whether the applicant has, or will have--
(i) the legal, financial, and
technical capacity to carry out the
project;
(ii) satisfactory continuing control
over the use of the equipment or
facilities; and
(iii) the capability and willingness
to maintain the equipment or
facilities;
(E) if applicable, the consistency of the
project with planning guidance and documents
set forth by the Secretary or required by law;
and
(F) any other relevant factors, as determined
by the Secretary.
(e) Northeast Corridor Projects.--
(1) Compliance with usage agreements.--Grant funds
may not be provided under this section to an eligible
recipient for an eligible project located on the
Northeast Corridor unless Amtrak and the public
authorities providing commuter rail passenger
transportation at the eligible project location on the
Northeast Corridor are in compliance with section
24905(c)(2).
(2) Capital investment plan.--When selecting projects
located on the Northeast Corridor, the Secretary shall
consider the appropriate sequence and phasing of
projects as contained in the Northeast Corridor capital
investment plan developed pursuant to section
[24904(a)] 24904(b).
(f) Federal Share of Total Project Costs.--
(1) Total project cost.--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 80
percent.
(3) Treatment of amtrak revenue.--If Amtrak is an
applicant under this section, Amtrak may use ticket and
other revenues generated from its operations and other
sources to satisfy the non-Federal share requirements.
(g) Letters of Intent.--
(1) In general.--The Secretary shall, to the maximum
extent practicable, issue a letter of intent to a
grantee under this section that--
(A) announces an intention to obligate, for a
major capital project under this section, an
amount from future available budget authority
specified in law 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 30 days
before issuing a letter under paragraph (1),
the Secretary shall submit written notification
to--
(i) the Committee on Commerce,
Science, and Transportation of the
Senate;
(ii) the Committee on Appropriations
of the Senate;
(iii) the Committee on Transportation
and Infrastructure of the House of
Representatives; and
(iv) the Committee on Appropriations
of the House of Representatives.
(B) Contents.--The notification submitted
pursuant to subparagraph (A) shall include--
(i) a copy of the proposed letter;
(ii) the criteria used under
subsection (d) for selecting the
project for a grant award; and
(iii) a description of how the
project meets such criteria.
(3) Appropriations required.--An obligation or
administrative commitment may be made under this
section only when amounts are appropriated for such
purpose.
(h) Availability.--Amounts appropriated for carrying out this
section shall remain available until expended.
(i) 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.
* * * * * * *
PART D--HIGH-SPEED RAIL
* * * * * * *
CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE
* * * * * * *
Sec. 26101. High-speed rail corridor planning
(a) Corridor Planning Assistance.--(1) The Secretary may
provide under this section financial assistance to a public
agency or group of public agencies for corridor planning for up
to 50 percent of the publicly financed costs associated with
eligible activities.
(2) No less than 20 percent of the publicly financed costs
associated with eligible activities shall come from State and
local sources, which State and local sources may not include
funds from any Federal program.
(b) Eligible Activities.--(1) A corridor planning activity is
eligible for financial assistance under subsection (a) if the
Secretary determines that it is necessary to establish
appropriate engineering, operational, financial, environmental,
or socioeconomic projections for the establishment of high-
speed rail service in the corridor and that it leads toward
development of a prudent financial and institutional plan for
implementation of specific high-speed rail improvements[, or if
it is an activity described in subparagraph (M)]. Eligible
corridor planning activities include--
(A) environmental assessments;
(B) feasibility studies emphasizing commercial
technology improvements or applications;
(C) economic analyses, including ridership, revenue,
and operating expense forecasting;
(D) assessing the impact on rail employment of
developing high-speed rail corridors;
(E) assessing community economic impacts;
(F) coordination with State and metropolitan area
transportation planning and corridor planning with
other States;
(G) operational planning;
(H) route selection analyses and purchase of rights-
of-way for proposed high-speed rail service;
(I) preliminary engineering and design;
(J) identification of specific improvements to a
corridor, including electrification, line straightening
and other [right-of-way improvements] right-of-way
acquisition or improvement needs, bridge rehabilitation
and replacement, use of advanced locomotives and
rolling stock, ticketing, coordination with other modes
of transportation, parking and other means of passenger
access, track, signal, station, and other capital work,
and use of intermodal terminals;
(K) preparation of financing plans and prospectuses;
and
[(L) creation of public/private partnerships; and
[(M) the acquisition of locomotives, rolling stock,
track, and signal equipment.]
(L) public costs in the creation of public private
partnerships.
(2) No financial assistance shall be provided under this
section for corridor planning with respect to the main line of
the Northeast Corridor, between Washington, District of
Columbia, and Boston, Massachusetts.
(c) Criteria for Determining Financial Assistance.--Selection
by the Secretary of recipients of financial assistance under
this section shall be based on such criteria as the Secretary
considers appropriate, including--
[(1) the relationship of the corridor to the
Secretary's national high-speed ground transportation
policy;
[(2) the extent to which the proposed planning
focuses on systems which will achieve sustained speeds
of 125 mph or greater;
[(3) the integration of the corridor into
metropolitan area and statewide transportation
planning;]
(1) the extent to which the proposed planning focuses
on systems which will provide for high-speed rail;
(2) the integration of the corridor into metropolitan
area and statewide transportation planning, including
State rail plans;
(3) the use of rail stations within urbanized areas
that are located in a geographic area with a greater
density population than the urbanized area as a whole;
(4) the potential interconnection of the corridor
with other parts of the Nation's transportation system,
including the interconnection with other countries,
passenger rail, transit, and other multimodal options;
(5) the anticipated effect of the corridor on the
congestion of other modes of transportation;
(6) whether the work to be funded will aid the
efforts of State and local governments to comply with
the Clean Air Act (42 U.S.C. 7401 et seq.) and reduce
greenhouse gas emissions;
(7) the past and proposed financial commitments and
other support of State and local governments and the
private sector to the proposed high-speed rail program,
including the acquisition of rolling stock;
(8) the estimated level of ridership;
(9) the estimated capital cost of corridor
improvements, including the cost of closing, improving,
or separating highway-rail grade crossings;
(10) rail transportation employment impacts;
(11) community economic impacts, including access to
affordable housing;
(12) the extent to which the projected revenues of
the proposed high-speed rail service, along with any
financial commitments of State or local governments and
the private sector, are expected to cover capital costs
and operating and maintenance expenses;
(13) whether a specific route has been selected,
specific improvements identified, and capacity studies
completed; and
(14) whether the corridor has been designated as a
high-speed rail corridor by the Secretary.
* * * * * * *
Sec. 26105. Definitions
For purposes of this chapter--
(1) the term ``financial assistance'' includes
grants, contracts,, cooperative agreements, and other
transactions;
(2) the term ``high-speed rail'' means all forms of
nonhighway ground transportation that run on rails or
electromagnetic guideways providing transportation
service which is made available to members of the
general public as passengers and reasonably expected to
reach speeds of--
(A) [reasonably expected to reach sustained
speeds of more than 125 miles per hour; and]
160 miles per hour or more on shared-use right-
of-way; or
(B) [made available to members of the general
public as passengers] 186 miles per hour or
more on dedicated right-of-way,
but does not include rapid transit operations within an
urban area that are not connected to the general rail
system of transportation;
(3) the term ``publicly financed costs'' means the
costs funded after April 29, 1993, by Federal, State,
and local governments;
(4) the term ``Secretary'' means the Secretary of
Transportation;
(5) the term ``State'' means any of the several
States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any other territory or possession
of the United States; and
(6) the term ``United States private business'' means
a business entity organized under the laws of the
United States, or of a State, and conducting
substantial business operations in the United States.
Sec. 26106. High-speed rail corridor development
(a) In General.--The Secretary of Transportation shall
establish and implement a high-speed rail corridor development
program.
(b) Definitions.--In this section, the following definitions
apply:
(1) Applicant.--The term ``applicant'' means a State,
a group of States, an Interstate Compact, a public
agency established by one or more States and having
responsibility for providing high-speed rail service,
or Amtrak.
(2) Corridor.--The term ``corridor'' means a corridor
designated by the Secretary pursuant to section
104(d)(2) of title 23.
(3) Capital project.--The term ``capital project''
means a project or program in a State rail plan
developed under chapter 227 of this title for
acquiring, constructing, improving, or inspecting
equipment, track, and track structures, or a facility
of use in or for the primary benefit of high-speed rail
service, expenses incidental to the acquisition or
construction (including designing, engineering,
location surveying, mapping, environmental studies, and
acquiring rights-of-way), payments for the capital
portions of rail trackage rights agreements, highway-
rail grade crossing improvements related to high-speed
rail service, mitigating environmental impacts,
communication and signalization improvements,
relocation assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing.
(4) High-speed rail.--The term ``high-speed rail''
means intercity passenger rail service that is
reasonably expected to reach speeds of at least 110
miles per hour.
(5) Intercity passenger rail service.--The term
``intercity passenger rail service'' has the meaning
given the term ``intercity rail passenger
transportation'' in section 24102 of this title.
(6) State.--The term ``State'' means any of the 50
States or the District of Columbia.
(c) General Authority.--The Secretary may make grants under
this section to an applicant to finance capital projects in
high-speed rail corridors.
(d) Applications.--Each applicant seeking to receive a grant
under this section to develop a high-speed rail corridor shall
submit to the Secretary an application in such form and in
accordance with such requirements as the Secretary shall
establish.
(e) Competitive Grant Selection and Criteria for Grants.--
(1) In general.--The Secretary shall--
(A) establish criteria for selecting among
projects that meet the criteria specified in
paragraph (2);
(B) conduct a national solicitation for
applications; and
(C) award grants on a competitive basis.
(2) Grant criteria.--The Secretary, in selecting the
recipients of high-speed rail development grants to be
provided under subsection (c), shall--
(A) require--
(i) that the project be part of a
State rail plan developed under chapter
227 of this title, or under the plan
required by [section 211 of the
Passenger Rail Investment and
Improvement Act of 2008] section
24904(a);
(ii) that the applicant or recipient
has or will have the legal, financial,
and technical capacity to carry out the
project, satisfactory continuing
control over the use of the equipment
or facilities, and the capability and
willingness to maintain the equipment
or facilities;
(iii) that the project be based on
the results of preliminary engineering
studies or other planning, including
corridor planning activities funded
under section 26101 of this title;
(iv) that the applicant provides
sufficient information upon which the
Secretary can make the findings
required by this subsection;
(v) that if an applicant has selected
the proposed operator of its service,
that the applicant provide written
justification to the Secretary showing
why the proposed operator is the best,
taking into account costs and other
factors;
(vi) that each proposed project meet
all safety and security requirements
that are applicable to the project
under law; and
(vii) that each project be compatible
with, and operated in conformance
with--
(I) plans developed pursuant
to the requirements of section
135 of title 23; and
(II) the national rail plan
(if it is available);
(B) select high-speed rail projects--
(i) that are anticipated to result in
significant improvements to intercity
rail passenger service, including, but
not limited to, consideration of the
project's--
(I) levels of estimated
ridership, increased on-time
performance, reduced trip time,
additional service frequency to
meet anticipated or existing
demand, or other significant
service enhancements as
measured against minimum
standards developed under
section 207 of the Passenger
Rail Investment and Improvement
Act of 2008;
(II) anticipated favorable
impact on air or highway
traffic congestion, capacity,
or safety; and
(ii) for which there is a high degree
of confidence that the proposed project
is feasible and will result in the
anticipated benefits, as indicated by--
(I) the project's
precommencement compliance with
environmental protection
requirements;
(II) the readiness of the
project to be commenced;
(III) the commitment of any
affected host rail carrier to
ensure the realization of the
anticipated benefits; and
(IV) other relevant factors
as determined by the Secretary;
(iii) for which the level of the
anticipated benefits compares favorably
to the amount of Federal funding
requested under this section; and
(C) give greater consideration to projects--
(i) that are anticipated to result in
benefits to other modes of
transportation and to the public at
large, including, but not limited to,
consideration of the project's--
(I) encouragement of
intermodal connectivity through
provision of direct connections
between train stations,
airports, bus terminals, subway
stations, ferry ports, and
other modes of transportation;
(II) connectivity to rail
stations within urbanized areas
that are located in a
geographic area with a greater
density population than the
urbanized area as a whole;
[(II)] (III) anticipated
improvement of conventional
intercity passenger, freight,
or commuter rail operations;
[(III) use of positive train
control technologies;
[(IV) environmental benefits,
including projects that involve
the purchase of environmentally
sensitive, fuel-efficient, and
cost-effective passenger rail
equipment;]
(IV) environmental benefits,
including projects that--
(aa) reduce
greenhouse gas
emissions; and
(bb) involve
electrification or the
purchase of
environmentally
sensitive, fuel-
efficient, and cost-
effective passenger
rail equipment;
(V) anticipated positive
economic and employment
impacts;
(VI) encouragement of State
and private contributions
toward station development,
energy and environmental
efficiency, and economic
benefits; and
(VII) falling under the
description in section
5302(a)(1)(G) of this title
as defined to support intercity
passenger rail service; and
(ii) that incorporate equitable
financial participation in the
project's financing, including, but not
limited to, consideration of--
(I) donated property
interests or services;
(II) financial contributions
by intercity passenger,
freight, and commuter rail
carriers commensurate with the
benefit expected to their
operations; and
(III) financial commitments
from host railroads, non-
Federal governmental entities,
non-governmental entities, and
others.
(3) Grant conditions.--The Secretary shall require
each recipient of a grant under this chapter to comply
with the grant requirements of section 22905.
(4) State rail plans.--State rail plans completed
before the date of enactment of the Passenger Rail
Investment and Improvement Act of 2008 that
substantially meet the requirements of chapter 227 of
this title, as determined by the Secretary pursuant to
section 22506 of this title, shall be deemed by the
Secretary to have met the requirements of paragraph
(2)(A)(i) of this subsection.
(f) Federal Share.--The Federal share of the cost of a
project financed under this section shall not exceed 80 percent
of the project net capital cost.
(g) Issuance of Regulations.--Within 1 year after the date of
enactment of this section, the Secretary shall issue
regulations to carry out this section.
(h) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary to carry out this section--
(1) $150,000,000 for fiscal year 2009;
(2) $300,000,000 for fiscal year 2010;
(3) $350,000,000 for fiscal year 2011;
(4) $350,000,000 for fiscal year 2012; and
(5) $350,000,000 for fiscal year 2013.
* * * * * * *
PART E--MISCELLANEOUS
* * * * * * *
CHAPTER 281--LAW ENFORCEMENT
* * * * * * *
Sec. 28103. Limitations on rail passenger transportation liability
(a) Limitations.--(1) Notwithstanding any other statutory or
common law or public policy, or the nature of the conduct
giving rise to damages or liability, in a claim for personal
injury to a passenger, death of a passenger, or damage to
property of a passenger arising from or in connection with the
provision of rail passenger transportation, or from or in
connection with any rail passenger transportation operations
over or rail passenger transportation use of right-of-way or
facilities owned, leased, or maintained by any high-speed
railroad authority or operator, any commuter authority or
operator, any rail carrier, or any State, punitive damages, to
the extent permitted by applicable State law, may be awarded in
connection with any such claim only if the plaintiff
establishes by clear and convincing evidence that the harm that
is the subject of the action was the result of conduct carried
out by the defendant with a conscious, flagrant indifference to
the rights or safety of others. If, in any case wherein death
was caused, the law of the place where the act or omission
complained of occurred provides, or has been construed to
provide, for damages only punitive in nature, this paragraph
shall not apply.
(2) The aggregate allowable awards to all rail passengers,
against all defendants, for all claims, including claims for
punitive damages, arising from a single accident or incident,
shall not exceed $200,000,000.
(b) Contractual Obligations.--A provider of rail passenger
transportation may enter into contracts that allocate financial
responsibility for claims.
(c) Mandatory Coverage.--Amtrak shall maintain a total
minimum liability coverage for claims through insurance and
self-insurance of at least $200,000,000 per accident or
incident.
(d) Effect on Other Laws.--This section shall not affect the
damages that may be recovered under the Act of April 27, 1908
(45 U.S.C. 51 et seq.; popularly known as the ``Federal
Employers' Liability Act'') or under any workers compensation
Act.
(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.
[(e)] (f) Definition.--For purposes of this section--
(1) the term ``claim'' means a claim made--
(A) against Amtrak, any high-speed railroad
authority or operator, any commuter authority
or operator, any rail carrier, or any State; or
(B) against an officer, employee, affiliate
engaged in railroad operations, or agent, of
Amtrak, any high-speed railroad authority or
operator, any commuter authority or operator,
any rail carrier, or any State;
(2) the term ``punitive damages'' means damages
awarded against any person or entity to punish or deter
such person or entity, or others, from engaging in
similar behavior in the future; and
(3) the term ``rail carrier'' includes a person
providing excursion, scenic, or museum train service,
and an owner or operator of a privately owned rail
passenger car.
* * * * * * *
CHAPTER 285--COMMUTER RAIL MEDIATION
* * * * * * *
[Sec. 28502. Surface Transportation Board mediation of trackage use
requests
[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
this section.
[Sec. 28503. Surface Transportation Board mediation of rights-of-way
use requests
[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 this
section.]
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. In any case in which dispatching for the relevant
trackage is controlled by a rail carrier other than the
trackage owner, both shall be subject to the requirements of
this section and included in the Board's mediation process. 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. During such mediation process, the Board shall
determine whether the consideration a rail carrier provided to
a request was in good faith and whether the request from a
provider of commuter rail passenger transportation was
reasonable. The determinations made in the preceding sentence
shall have no effect on the nonbinding nature of the mediation.
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. In any
case in which dispatching for the relevant trackage is
controlled by a rail carrier other than the right-of-way owner,
both shall be subject to the requirements of this section and
included in the Board's mediation process. 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. During such mediation process, the Board shall
determine whether the consideration a rail carrier provided to
a request was in good faith and whether the request from a
provider of commuter rail passenger transportation was
reasonable. The determinations made in the preceding sentence
shall have no effect on the nonbinding nature of the mediation.
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
* * * * * * *
SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS
* * * * * * *
Sec. 31102. Motor carrier safety assistance program
(a) In General.--The Secretary of Transportation shall
administer a motor carrier safety assistance program funded
under section 31104.
(b) Goal.--The goal of the program is to ensure that the
Secretary, States, local governments, other political
jurisdictions, federally recognized Indian tribes, and other
persons work in partnership to establish programs to improve
motor carrier, commercial motor vehicle, and driver safety to
support a safe and efficient surface transportation system by--
(1) making targeted investments to promote safe
commercial motor vehicle transportation, including the
transportation of passengers and hazardous materials;
(2) investing in activities likely to generate
maximum reductions in the number and severity of
commercial motor vehicle crashes and in fatalities
resulting from such crashes;
(3) adopting and enforcing effective motor carrier,
commercial motor vehicle, and driver safety regulations
and practices consistent with Federal requirements; and
(4) assessing and improving statewide performance by
setting program goals and meeting performance
standards, measures, and benchmarks.
(c) State Plans.--
(1) In general.--In carrying out the program, the
Secretary shall prescribe procedures for a State to
submit a multiple-year plan, and annual updates
thereto, under which the State agrees to assume
responsibility for improving motor carrier safety by
adopting and enforcing State regulations, standards,
and orders that are compatible with the regulations,
standards, and orders of the Federal Government on
commercial motor vehicle safety and hazardous materials
transportation safety.
(2) Contents.--The Secretary shall approve a State
plan if the Secretary determines that the plan is
adequate to comply with the requirements of this
section, and the plan--
(A) implements performance-based activities,
including deployment and maintenance of
technology to enhance the efficiency and
effectiveness of commercial motor vehicle
safety programs;
(B) designates a lead State commercial motor
vehicle safety agency responsible for
administering the plan throughout the State;
(C) contains satisfactory assurances that the
lead State commercial motor vehicle safety
agency has or will have the legal authority,
resources, and qualified personnel necessary to
enforce the regulations, standards, and orders;
(D) contains satisfactory assurances that the
State will devote adequate resources to the
administration of the plan and enforcement of
the regulations, standards, and orders;
(E) provides a right of entry (or other
method a State may use that the Secretary
determines is adequate to obtain necessary
information) and inspection to carry out the
plan;
(F) provides that all reports required under
this section be available to the Secretary on
request;
(G) provides that the lead State commercial
motor vehicle safety agency will adopt the
reporting requirements and use the forms for
recordkeeping, inspections, and investigations
that the Secretary prescribes;
(H) requires all registrants of commercial
motor vehicles to demonstrate knowledge of
applicable safety regulations, standards, and
orders of the Federal Government and the State;
(I) provides that the State will grant
maximum reciprocity for inspections conducted
under the North American Inspection Standards
through the use of a nationally accepted system
that allows ready identification of previously
inspected commercial motor vehicles;
(J) ensures that activities described in
subsection (h), if financed through grants to
the State made under this section, will not
diminish the effectiveness of the development
and implementation of the programs to improve
motor carrier, commercial motor vehicle, and
driver safety as described in subsection (b);
(K) ensures that the lead State commercial
motor vehicle safety agency will coordinate the
plan, data collection, and information systems
with the State highway safety improvement
program required under section 148(c) of title
23;
(L) ensures participation in appropriate
Federal Motor Carrier Safety Administration
information technology and data systems and
other information systems by all appropriate
jurisdictions receiving motor carrier safety
assistance program funding;
(M) ensures that information is exchanged
among the States in a timely manner;
(N) provides satisfactory assurances that the
State will undertake efforts that will
emphasize and improve enforcement of State and
local traffic safety laws and regulations
related to commercial motor vehicle safety;
(O) provides satisfactory assurances that the
State will address national priorities and
performance goals, including--
(i) activities aimed at removing
impaired commercial motor vehicle
drivers from the highways of the United
States through adequate enforcement of
regulations on the use of alcohol and
controlled substances and by ensuring
ready roadside access to alcohol
detection and measuring equipment;
(ii) activities aimed at providing an
appropriate level of training to State
motor carrier safety assistance program
officers and employees on recognizing
drivers impaired by alcohol or
controlled substances; and
(iii) when conducted with an
appropriate commercial motor vehicle
inspection, criminal interdiction
activities, and appropriate strategies
for carrying out those interdiction
activities, including interdiction
activities that affect the
transportation of controlled substances
(as defined in section 102 of the
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 802) and
listed in part 1308 of title 21, Code
of Federal Regulations, as updated and
republished from time to time) by any
occupant of a commercial motor vehicle;
(P) provides that the State has established
and dedicated sufficient resources to a program
to ensure that--
(i) the State collects and reports to
the Secretary accurate, complete, and
timely motor carrier safety data; and
(ii) the State participates in a
national motor carrier safety data
correction system prescribed by the
Secretary;
(Q) ensures that the State will cooperate in
the enforcement of financial responsibility
requirements under sections 13906, 31138, and
31139 and regulations issued under those
sections;
(R) ensures consistent, effective, and
reasonable sanctions;
(S) ensures that roadside inspections will be
conducted at locations that are adequate to
protect the safety of drivers and enforcement
personnel;
(T) provides that the State will include in
the training manuals for the licensing
examination to drive noncommercial motor
vehicles and commercial motor vehicles
information on best practices for driving
safely in the vicinity of noncommercial and
commercial motor vehicles;
(U) provides that the State will enforce the
registration requirements of sections 13902 and
31134 by prohibiting the operation of any
vehicle discovered to be operated by a motor
carrier without a registration issued under
those sections or to be operated beyond the
scope of the motor carrier's registration;
(V) provides that the State will conduct
comprehensive and highly visible traffic
enforcement and commercial motor vehicle safety
inspection programs in high-risk locations and
corridors;
(W) except in the case of an imminent hazard
or obvious safety hazard, ensures that an
inspection of a vehicle transporting passengers
for a motor carrier of passengers is conducted
at a bus station, terminal, border crossing,
maintenance facility, destination, or other
location where a motor carrier may make a
planned stop (excluding a weigh station);
(X) ensures that the State will transmit to
its roadside inspectors notice of each Federal
exemption granted under section 31315(b) of
this title and sections 390.23 and 390.25 of
title 49, Code of Federal Regulations, and
provided to the State by the Secretary,
including the name of the person that received
the exemption and any terms and conditions that
apply to the exemption;
(Y) except as provided in subsection (d),
provides that the State--
(i) will conduct safety audits of
interstate and, at the State's
discretion, intrastate new entrant
motor carriers under section 31144(g);
and
(ii) if the State authorizes a third
party to conduct safety audits under
section 31144(g) on its behalf, the
State verifies the quality of the work
conducted and remains solely
responsible for the management and
oversight of the activities;
(Z) provides that the State agrees to fully
participate in the performance and registration
information systems management under section
31106(b) not later than October 1, 2020, by
complying with the conditions for participation
under paragraph (3) of that section, or
demonstrates to the Secretary an alternative
approach for identifying and immobilizing a
motor carrier with serious safety deficiencies
in a manner that provides an equivalent level
of safety;
(AA) in the case of a State that shares a
land border with another country, provides that
the State--
(i) will conduct a border commercial
motor vehicle safety program focusing
on international commerce that includes
enforcement and related projects; or
(ii) will forfeit all funds
calculated by the Secretary based on
border-related activities if the State
declines to conduct the program
described in clause (i) in its plan;
and
(BB) in the case of a State that meets the
other requirements of this section and agrees
to comply with the requirements established in
subsection (l)(3), provides that the State may
fund operation and maintenance costs associated
with innovative technology deployment under
subsection (l)(3) with motor carrier safety
assistance program funds authorized under
section 31104(a)(1).
(3) Publication.--
(A) In general.--Subject to subparagraph (B),
the Secretary shall publish each approved State
multiple-year plan, and each annual update
thereto, on a publically accessible Internet
Web site of the Department of Transportation
not later than 30 days after the date the
Secretary approves the plan or update.
(B) Limitation.--Before publishing an
approved State multiple-year plan or annual
update under subparagraph (A), the Secretary
shall redact any information identified by the
State that, if disclosed--
(i) would reasonably be expected to
interfere with enforcement proceedings;
or
(ii) would reveal enforcement
techniques or procedures that would
reasonably be expected to risk
circumvention of the law.
(d) Exclusion of U.S. Territories.--The requirement that a
State conduct safety audits of new entrant motor carriers under
subsection (c)(2)(Y) does not apply to a territory of the
United States unless required by the Secretary.
(e) Intrastate Compatibility.--The Secretary shall prescribe
regulations specifying tolerance guidelines and standards for
ensuring compatibility of intrastate commercial motor vehicle
safety laws, including regulations, with Federal motor carrier
safety regulations to be enforced under subsections (b) and
(c). To the extent practicable, the guidelines and standards
shall allow for maximum flexibility while ensuring a degree of
uniformity that will not diminish motor vehicle safety.
(f) Maintenance of Effort.--
(1) Baseline.--Except as provided under paragraphs
(2) and (3) and in accordance with section 5107 of the
FAST Act, a State plan under subsection (c) shall
provide that the total expenditure of amounts of the
lead State commercial motor vehicle safety agency
responsible for administering the plan will be
maintained at a level each fiscal year that is at least
equal to--
(A) the average level of that expenditure for
fiscal years 2004 and 2005; or
(B) the level of that expenditure for the
year in which the Secretary implements a new
allocation formula under section 5106 of the
FAST Act.
(2) Adjusted baseline after fiscal year 2017.--At the
request of a State, the Secretary may evaluate
additional documentation related to the maintenance of
effort and may make reasonable adjustments to the
maintenance of effort baseline after the year in which
the Secretary implements a new allocation formula under
section 5106 of the FAST Act, and this adjusted
baseline will replace the maintenance of effort
requirement under paragraph (1).
(3) Waivers.--At the request of a State, the
Secretary may waive or modify the requirements of this
subsection for a total of 1 fiscal year if the
Secretary determines that the waiver or modification is
reasonable, based on circumstances described by the
State, to ensure the continuation of commercial motor
vehicle enforcement activities in the State.
(4) Level of state expenditures.--In estimating the
average level of a State's expenditures under paragraph
(1), the Secretary--
(A) may allow the State to exclude State
expenditures for federally sponsored
demonstration and pilot programs and strike
forces;
(B) may allow the State to exclude
expenditures for activities related to border
enforcement and new entrant safety audits; and
(C) shall require the State to exclude State
matching amounts used to receive Federal
financing under section 31104.
(g) Use of Unified Carrier Registration Fees Agreement.--
Amounts generated under section 14504a and received by a State
and used for motor carrier safety purposes may be included as
part of the State's match required under section 31104 or
maintenance of effort required by subsection (f).
(h) Use of Grants To Enforce Other Laws.--When approved as
part of a State's plan under subsection (c), the State may use
motor carrier safety assistance program funds received under
this section--
(1) if the activities are carried out in conjunction
with an appropriate inspection of a commercial motor
vehicle to enforce Federal or State commercial motor
vehicle safety regulations, for--
(A) enforcement of commercial motor vehicle
size and weight limitations at locations,
excluding fixed-weight facilities, such as near
steep grades or mountainous terrains, where the
weight of a commercial motor vehicle can
significantly affect the safe operation of the
vehicle, or at ports where intermodal shipping
containers enter and leave the United States;
and
(B) detection of and enforcement actions
taken as a result of criminal activity,
including the trafficking of human beings, in a
commercial motor vehicle or by any occupant,
including the operator, of the commercial motor
vehicle; and
(2) for documented enforcement of State traffic laws
and regulations designed to promote the safe operation
of commercial motor vehicles, including documented
enforcement of such laws and regulations relating to
noncommercial motor vehicles when necessary to promote
the safe operation of commercial motor vehicles, if--
(A) the number of motor carrier safety
activities, including roadside safety
inspections, conducted in the State is
maintained at a level at least equal to the
average level of such activities conducted in
the State in fiscal years 2004 and 2005; and
(B) the State does not use more than 10
percent of the basic amount the State receives
under a grant awarded under section 31104(a)(1)
for enforcement activities relating to
noncommercial motor vehicles necessary to
promote the safe operation of commercial motor
vehicles unless the Secretary determines that a
higher percentage will result in significant
increases in commercial motor vehicle safety.
(i) Evaluation of Plans and Award of Grants.--
(1) Awards.--The Secretary shall establish criteria
for the application, evaluation, and approval of State
plans under this section. Subject to subsection (j),
the Secretary may allocate the amounts made available
under section 31104(a)(1) among the States.
(2) Opportunity to cure.--If the Secretary
disapproves a plan under this section, the Secretary
shall give the State a written explanation of the
reasons for disapproval and allow the State to modify
and resubmit the plan for approval.
(j) Allocation of Funds.--
(1) In general.--The Secretary, by regulation, shall
prescribe allocation criteria for funds made available
under section 31104(a)(1).
(2) Annual allocations.--On October 1 of each fiscal
year, or as soon as practicable thereafter, and after
making a deduction under section 31104(c), the
Secretary shall allocate amounts made available under
section 31104(a)(1) to carry out this section for the
fiscal year among the States with plans approved under
this section in accordance with the criteria prescribed
under paragraph (1).
(3) Elective adjustments.--Subject to the
availability of funding and notwithstanding
fluctuations in the data elements used by the Secretary
to calculate the annual allocation amounts, after the
creation of a new allocation formula under section 5106
of the FAST Act, the Secretary may not make elective
adjustments to the allocation formula that decrease a
State's Federal funding levels by more than 3 percent
in a fiscal year. The 3 percent limit shall not apply
to the withholding provisions of subsection (k).
(k) Plan Monitoring.--
(1) In general.--On the basis of reports submitted by
the lead State agency responsible for administering a
State plan approved under this section and an
investigation by the Secretary, the Secretary shall
periodically evaluate State implementation of and
compliance with the State plan.
(2) Withholding of funds.--
(A) Disapproval.--If, after notice and an
opportunity to be heard, the Secretary finds
that a State plan previously approved under
this section is not being followed or has
become inadequate to ensure enforcement of
State regulations, standards, or orders
described in subsection (c)(1), or the State is
otherwise not in compliance with the
requirements of this section, the Secretary may
withdraw approval of the State plan and notify
the State. Upon the receipt of such notice, the
State plan shall no longer be in effect and the
Secretary shall withhold all funding to the
State under this section.
(B) Noncompliance withholding.--In lieu of
withdrawing approval of a State plan under
subparagraph (A), the Secretary may, after
providing notice to the State and an
opportunity to be heard, withhold funding from
the State to which the State would otherwise be
entitled under this section for the period of
the State's noncompliance. In exercising this
option, the Secretary may withhold--
(i) up to 5 percent of funds during
the fiscal year that the Secretary
notifies the State of its
noncompliance;
(ii) up to 10 percent of funds for
the first full fiscal year of
noncompliance;
(iii) up to 25 percent of funds for
the second full fiscal year of
noncompliance; and
(iv) not more than 50 percent of
funds for the third and any subsequent
full fiscal year of noncompliance.
(3) Judicial review.--A State adversely affected by a
determination under paragraph (2) may seek judicial
review under chapter 7 of title 5. Notwithstanding the
disapproval of a State plan under paragraph (2)(A) or
the withholding of funds under paragraph (2)(B), the
State may retain jurisdiction in an administrative or a
judicial proceeding that commenced before the notice of
disapproval or withholding if the issues involved are
not related directly to the reasons for the disapproval
or withholding.
(l) High Priority Program.--
(1) In general.--The Secretary shall administer a
high priority program funded under section 31104(a)(2)
for the purposes described in paragraphs (2) [and (3)],
(3), and (4).
(2) Activities related to motor carrier safety.--The
Secretary may make discretionary grants to and enter
into cooperative agreements with States, local
governments, federally recognized Indian tribes, other
political jurisdictions as necessary, and any person to
carry out high priority activities and projects that
augment motor carrier safety activities and projects
planned in accordance with subsections (b) and (c),
including activities and projects that--
(A) increase public awareness and education
on commercial motor vehicle safety;
(B) target unsafe driving of commercial motor
vehicles and noncommercial motor vehicles in
areas identified as high risk crash corridors;
(C) improve the safe and secure movement of
hazardous materials;
(D) improve safe transportation of goods and
persons in foreign commerce;
(E) demonstrate new technologies to improve
commercial motor vehicle safety;
(F) support participation in performance and
registration information systems management
under section 31106(b)--
(i) for entities not responsible for
submitting the plan under subsection
(c); or
(ii) for entities responsible for
submitting the plan under subsection
(c)--
(I) before October 1, 2020,
to achieve compliance with the
requirements of participation;
and
(II) beginning on October 1,
2020, or once compliance is
achieved, whichever is sooner,
for special initiatives or
projects that exceed routine
operations required for
participation, specifically
including the priority
activities described in
paragraph (4);
(G) conduct safety data improvement
projects--
(i) that complete or exceed the
requirements under subsection (c)(2)(P)
for entities not responsible for
submitting the plan under subsection
(c); or
(ii) that exceed the requirements
under subsection (c)(2)(P) for entities
responsible for submitting the plan
under subsection (c); and
(H) otherwise improve commercial motor
vehicle safety and compliance with commercial
motor vehicle safety regulations.
(3) Innovative technology deployment grant program.--
(A) In general.--The Secretary shall
establish an innovative technology deployment
grant program to make discretionary grants to
eligible States for the innovative technology
deployment of commercial motor vehicle
information systems and networks.
(B) Purposes.--The purposes of the program
shall be--
(i) to advance the technological
capability and promote the deployment
of intelligent transportation system
applications for commercial motor
vehicle operations, including
commercial motor vehicle, commercial
driver, and carrier-specific
information systems and networks; and
(ii) to support and maintain
commercial motor vehicle information
systems and networks--
(I) to link Federal motor
carrier safety information
systems with State commercial
motor vehicle systems;
(II) to improve the safety
and productivity of commercial
motor vehicles and drivers; and
(III) to reduce costs
associated with commercial
motor vehicle operations and
Federal and State commercial
motor vehicle regulatory
requirements.
(C) Eligibility.--To be eligible for a grant
under this paragraph, a State shall--
(i) have a commercial motor vehicle
information systems and networks
program plan approved by the Secretary
that describes the various systems and
networks at the State level that need
to be refined, revised, upgraded, or
built to accomplish deployment of
commercial motor vehicle information
systems and networks capabilities;
(ii) certify to the Secretary that
its commercial motor vehicle
information systems and networks
deployment activities, including
hardware procurement, software and
system development, and infrastructure
modifications--
(I) are consistent with the
national intelligent
transportation systems and
commercial motor vehicle
information systems and
networks architectures and
available standards; and
(II) promote interoperability
and efficiency to the extent
practicable; and
(iii) agree to execute
interoperability tests developed by the
Federal Motor Carrier Safety
Administration to verify that its
systems conform with the national
intelligent transportation systems
architecture, applicable standards, and
protocols for commercial motor vehicle
information systems and networks.
(D) Use of funds.--Grant funds received under
this paragraph may be used--
(i) for deployment activities and
activities to develop new and
innovative advanced technology
solutions that support commercial motor
vehicle information systems and
networks;
(ii) for planning activities,
including the development or updating
of program or top level design plans in
order to become eligible or maintain
eligibility under subparagraph (C); and
(iii) for the operation and
maintenance costs associated with
innovative technology.
(E) Secretary authorization.--The Secretary
is authorized to award a State funding for the
operation and maintenance costs associated with
innovative technology deployment with funds
made available under sections 31104(a)(1) and
31104(a)(2).
(4) Prioritization of immobilizing unsafe passenger-
carrying commercial motor vehicles.--
(A) In general.--The Secretary shall
prioritize the awarding of discretionary grants
to States for activities related to paragraph
(2)(F)(II) for the enforcement of out of
service orders if such vehicles are found to be
unsafe or have violated a Federal out of
service order.
(B) Eligibility.--To be eligible for a grant
described under this paragraph, a State shall
have the authority to require the
immobilization or impoundment of a passenger-
carrying commercial motor vehicle if such
vehicle is found to be unsafe or fail
inspection or to have violated a Federal out of
service order.
(C) Use of funds.--Grant funds received under
this paragraph may be used for--
(i) the immobilization or impoundment
of commercial motor vehicles that are
unsafe, fail inspection, or have
violated a Federal out of service
order;
(ii) safety inspections of vehicles
described in clause (i);
(iii) other activities related to the
activities described in clauses (i) and
(ii), as determined by the Secretary.
(D) Passenger-carrying commercial motor
vehicle defined.--In this paragraph, the term
``passenger-carrying commercial motor vehicle''
has the meaning given such term in section
31301.
* * * * * * *
Sec. 31104. Authorization of appropriations
[(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) $292,600,000 for fiscal year 2017;
[(B) $298,900,000 for fiscal year 2018;
[(C) $304,300,000 for fiscal year 2019; and
[(D) $308,700,000 for fiscal year 2020.
[(2) High priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
[(A) $42,200,000 for fiscal year 2017;
[(B) $43,100,000 for fiscal year 2018;
[(C) $44,000,000 for fiscal year 2019; and
[(D) $44,900,000 for fiscal year 2020.
[(3) Commercial motor vehicle operators grant
program.--To carry out section 31103--
[(A) $1,000,000 for fiscal year 2017;
[(B) $1,000,000 for fiscal year 2018;
[(C) $1,000,000 for fiscal year 2019; and
[(D) $1,000,000 for fiscal year 2020.
[(4) Commercial driver's license program
implementation program.--Subject to subsection (c), to
carry out section 31313--
[(A) $31,200,000 for fiscal year 2017;
[(B) $31,800,000 for fiscal year 2018;
[(C) $32,500,000 for fiscal year 2019; and
[(D) $33,200,000 for fiscal year 2020.]
(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 2023;
(B) $398,700,000 for fiscal year 2024;
(C) $408,900,000 for fiscal year 2025; and
(D) $418,425,000 for fiscal year 2026.
(2) High-priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
(A) $72,604,000 for fiscal year 2023;
(B) $74,424,000 for fiscal year 2024;
(C) $76,328,000 for fiscal year 2025; and
(D) $78,106,000 for fiscal year 2026.
(3) Commercial motor vehicle operators grant
program.--To carry out section 31103--
(A) $1,037,200 for fiscal year 2023;
(B) $1,063,200 for fiscal year 2024;
(C) $1,090,400 for fiscal year 2025; and
(D) $1,115,800 for fiscal year 2026.
(4) Commercial driver's license program
implementation program.--Subject to subsection (c), to
carry out section 31313--
(A) $56,008,800 for fiscal year 2023;
(B) $57,412,800 for fiscal year 2024;
(C) $58,881,600 for fiscal year 2025; and
(D) $60,253,200 for fiscal year 2026.
(b) Reimbursement and Payment to Recipients for Government
Share of Costs.--
(1) In general.--Amounts made available under
subsection (a) shall be used to reimburse financial
assistance recipients proportionally for the Federal
Government's share of the costs incurred.
(2) Reimbursement amounts.--The Secretary shall
reimburse a recipient, in accordance with a financial
assistance agreement made under section 31102, 31103,
or 31313, an amount that is at least 85 percent of the
costs incurred by the recipient in a fiscal year in
developing and implementing programs under such
sections. The Secretary shall pay the recipient an
amount not more than the Federal Government share of
the total costs approved by the Federal Government in
the financial assistance agreement. The Secretary shall
include a recipient's in-kind contributions in
determining the reimbursement.
(3) Vouchers.--Each recipient shall submit vouchers
at least quarterly for costs the recipient incurs in
developing and implementing programs under sections
31102, 31103, and 31313.
[(c) Deductions for Partner Training and Program Support.--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. The Secretary shall use at least 75 percent of those
deducted amounts to train non-Federal Government employees and
to develop related training materials in carrying out such
programs.]
(c) Partner Training and Program Support.--
(1) In general.--On October 1 of each fiscal year, or
as soon after that date as practicable, the Secretary
may deduct from amounts made available under paragraphs
(1), (2), and (4) of subsection (a) for that fiscal
year not more than 1.8 percent of those amounts for
partner training and program support in that fiscal
year.
(2) Use of funds.--The Secretary shall use at least
50 percent of the amounts deducted under paragraph (1)
on training and related training 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, through a competitive grant, 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.
(d) Grants and Cooperative Agreements as Contractual
Obligations.--The approval of a financial assistance agreement
by the Secretary under section 31102, 31103, or 31313 is a
contractual obligation of the Federal Government for payment of
the Federal Government's share of costs in carrying out the
provisions of the grant or cooperative agreement.
(e) Eligible Activities.--The Secretary shall establish
criteria for eligible activities to be funded with financial
assistance agreements under this section and publish those
criteria in a notice of funding availability before the
financial assistance program application period.
(f) Period of Availability of Financial Assistance Agreement
Funds for Recipient Expenditures.--The period of availability
for a recipient to expend funds under a grant or cooperative
agreement authorized under subsection (a) is as follows:
(1) For grants made for carrying out section 31102,
other than section 31102(l), for the fiscal year in
which the Secretary approves the financial assistance
agreement and for [the next fiscal year] the following
2 fiscal years.
(2) For grants made or cooperative agreements entered
into for carrying out [section 31102(l)(2)] paragraphs
(2) and (4) of section 31102(l), for the fiscal year in
which the Secretary approves the financial assistance
agreement and for [the next 2 fiscal years] the
following 3 fiscal years.
(3) For grants made for carrying out section
31102(l)(3), for the fiscal year in which the Secretary
approves the financial assistance agreement and for
[the next 4 fiscal years] the following 5 fiscal years.
(4) For grants made for carrying out section 31103,
for the fiscal year in which the Secretary approves the
financial assistance agreement and for the next fiscal
year.
(5) For grants made or cooperative agreements entered
into for carrying out section 31313, for the fiscal
year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.
(g) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the
Mass Transit Account) by this section shall be available for
obligation on the date of their apportionment or allocation or
on October 1 of the fiscal year for which they are authorized,
whichever occurs first.
(h) Availability of Funding.--Amounts made available under
this section shall remain available until expended.
(i) Reallocation.--Amounts not expended by a recipient during
the period of availability shall be released back to the
Secretary for reallocation for any purpose under section 31102,
31103, or 31313 or this section to ensure, to the maximum
extent possible, that all such amounts are obligated.
(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. 31110. Authorization of appropriations
[(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) $267,400,000 for fiscal year 2016;
[(2) $277,200,000 for fiscal year 2017;
[(3) $283,000,000 for fiscal year 2018;
[(4) $284,000,000 for fiscal year 2019; and
[(5) $288,000,000 for fiscal year 2020.]
(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 2023;
(2) $381,500,000 for fiscal year 2024;
(3) $382,500,000 for fiscal year 2025; and
(4) $384,500,000 for fiscal year 2026.
(b) Use of Funds.--The funds authorized by this section shall
be used for--
(1) personnel costs;
(2) administrative infrastructure;
(3) rent;
(4) information technology;
(5) programs for research and technology, information
management, regulatory development, and the
administration of performance and registration
information systems management under section 31106(b);
(6) programs for outreach and education under
subsection (c);
(7) other operating expenses;
(8) conducting safety reviews of new operators; and
(9) such other expenses as may from time to time
become necessary to implement statutory mandates of the
Federal Motor Carrier Safety Administration not funded
from other sources.
(c) Outreach and Education Program.--
(1) In general.--The Secretary may conduct, through
any combination of grants, contracts, cooperative
agreements, and other activities, an internal and
external outreach and education program to be
administered by the Administrator of the Federal Motor
Carrier Safety Administration. The program authorized
under this subsection may support, in addition to funds
otherwise available for such purposes, the recognition,
prevention, and reporting of human trafficking, while
deferring to existing resources, as practicable.
(2) Federal share.--The Federal share of an outreach
and education project for which a grant, contract, or
cooperative agreement is made under this subsection may
be up to 100 percent of the cost of the project.
(3) Funding.--From amounts made available under
subsection (a), the Secretary shall make available not
more than $4,000,000 each fiscal year to carry out this
subsection.
(d) Contract Authority; Initial Date of Availability.--
Amounts authorized from the Highway Trust Fund (other than the
Mass Transit Account) by this section shall be available for
obligation on the date of their apportionment or allocation or
on October 1 of the fiscal year for which they are authorized,
whichever occurs first.
(e) Funding Availability.--Amounts made available under this
section shall remain available until expended.
(f) Contractual Obligation.--The approval of funds by the
Secretary under this section is a contractual obligation of the
Federal Government for payment of the Federal Government's
share of costs.
* * * * * * *
SUBCHAPTER III--SAFETY REGULATION
* * * * * * *
Sec. 31137. Electronic logging devices and brake maintenance
regulations
(a) Use of Electronic Logging Devices.--Not later than 1 year
after the date of enactment of the Commercial Motor Vehicle
Safety Enhancement Act of 2012, the Secretary of Transportation
shall prescribe regulations--
(1) requiring a commercial motor vehicle involved in
interstate commerce and operated by a driver subject to
the hours of service and the record of duty status
requirements under part 395 of title 49, Code of
Federal Regulations, be equipped with an electronic
logging device to improve compliance by an operator of
a vehicle with hours of service regulations prescribed
by the Secretary; and
(2) ensuring that an electronic logging device is not
used to harass a vehicle operator.
(b) Electronic Logging Device Requirements.--
(1) In general.--The regulations prescribed under
subsection (a) shall--
(A) require an electronic logging device--
(i) to accurately record commercial
driver hours of service;
(ii) to record the location of a
commercial motor vehicle;
(iii) to be tamper resistant; and
(iv) to be synchronized to the
operation of the vehicle engine or be
capable of recognizing when the vehicle
is being operated;
(B) allow law enforcement to access the data
contained in the device during a roadside
inspection; and
(C) except as provided in paragraph (3),
apply to a commercial motor vehicle beginning
on the date that is 2 years after the date that
the regulations are published as a final rule.
(2) Performance and design standards.--The
regulations prescribed under subsection (a) shall
establish performance standards--
(A) defining a standardized user interface to
aid vehicle operator compliance and law
enforcement review;
(B) establishing a secure process for
standardized--
(i) and unique vehicle operator
identification;
(ii) data access;
(iii) data transfer for vehicle
operators between motor vehicles;
(iv) data storage for a motor
carrier; and
(v) data transfer and
transportability for law enforcement
officials;
(C) establishing a standard security level
for an electronic logging device and related
components to be tamper resistant by using a
methodology endorsed by a nationally recognized
standards organization; and
(D) identifying each driver subject to the
hours of service and record of duty status
requirements under part 395 of title 49, Code
of Federal Regulations.
(3) Exception.--A motor carrier, when transporting a
motor home or recreation vehicle trailer within the
definition of the term ``driveaway-towaway operation''
(as defined in section 390.5 of title 49, Code of
Federal Regulations), may comply with the hours of
service requirements by requiring each driver to use--
(A) a paper record of duty status form; or
(B) an electronic logging device.
(c) Certification Criteria.--
(1) In general.--The regulations prescribed by the
Secretary under this section shall establish the
criteria and a process for the certification of
electronic logging devices to ensure that the device
meets the performance requirements under this section.
(2) Effect of noncertification.--Electronic logging
devices that are not certified in accordance with the
certification process referred to in paragraph (1)
shall not be acceptable evidence of hours of service
and record of duty status requirements under part 395
of title 49, Code of Federal Regulations.
(d) Additional Considerations.--The Secretary, in prescribing
the regulations described in subsection (a), shall consider how
such regulations may--
(1) reduce or eliminate requirements for drivers and
motor carriers to retain supporting documentation
associated with paper-based records of duty status if--
(A) data contained in an electronic logging
device supplants such documentation; and
(B) using such data without paper-based
records does not diminish the Secretary's
ability to audit and review compliance with the
Secretary's hours of service regulations; and
(2) include such measures as the Secretary determines
are necessary to protect the privacy of each individual
whose personal data is contained in an electronic
logging device.
(e) Use of Data.--
(1) In general.--The Secretary may utilize
information contained in an electronic logging device
[only] to enforce the Secretary's motor carrier safety
and related regulations[, including record-of-duty
status regulations] and to conduct transportation
research utilizing such data.
(2) Measures to preserve confidentiality of personal
data.--The Secretary shall institute appropriate
measures to preserve the confidentiality of any
personal data contained in an electronic logging device
and disclosed in the course of an action taken by the
Secretary or by law enforcement officials [to enforce
the regulations referred to in] for purposes authorized
under paragraph (1).
[(3) Enforcement.--The Secretary shall institute
appropriate measures to ensure any information
collected by electronic logging devices is used by
enforcement personnel only for the purpose of
determining compliance with hours of service
requirements.]
(3) Research data.--The Secretary shall institute
appropriate measures to protect the privacy of
individuals, operators, and motor carriers when data
obtained from an electronic logging device is used for
research pursuant to this section and such research is
made available to the public.
(f) Definitions.--In this section:
(1) Electronic logging device.--The term ``electronic
logging device'' means an electronic device that--
(A) is capable of recording a driver's hours
of service and duty status accurately and
automatically; and
(B) meets the requirements established by the
Secretary through regulation.
(2) Tamper resistant.--The term ``tamper resistant''
means resistant to allowing any individual to cause an
electronic device to record the incorrect date, time,
and location for changes to on-duty driving status of a
commercial motor vehicle operator under part 395 of
title 49, Code of Federal Regulations, or to
subsequently alter the record created by that device.
(g) Brakes and Brake Systems Maintenance Regulations.--The
Secretary shall maintain regulations on improved standards or
methods to ensure that brakes and brake systems of commercial
motor vehicles are maintained properly and inspected by
appropriate employees. At a minimum, the regulations shall
establish minimum training requirements and qualifications for
employees responsible for maintaining and inspecting the brakes
and brake systems.
* * * * * * *
Sec. 31139. Minimum financial responsibility for transporting property
(a) Definitions.--In this section--
(1) ``farm vehicle'' means a vehicle--
(A) designed or adapted and used only for
agriculture;
(B) operated by a motor private carrier (as
defined in section 10102 of this title); and
(C) operated only incidentally on highways.
(2) ``interstate commerce'' includes transportation
between a place in a State and a place outside the
United States, to the extent the transportation is in
the United States.
(3) ``State'' means a State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
(b) General Requirement and Minimum Amount.--(1) The
Secretary of Transportation shall prescribe regulations to
require minimum levels of financial responsibility sufficient
to satisfy liability amounts established by the Secretary
covering public liability, property damage, and environmental
restoration for the transportation of property by motor carrier
or motor private carrier (as such terms are defined in section
13102 of this title) in the United States between a place in a
State and--
(A) a place in another State;
(B) another place in the same State through a place
outside of that State; or
(C) a place outside the United States.
(2) The level of financial responsibility established under
paragraph (1) of this subsection shall be at least [$750,000]
$2,000,000.
(3) Adjustment.--The Secretary, in consultation with
the Bureau of Labor Statistics, shall adjust the
minimum level of financial responsibility under
paragraph (2) quinquennially for inflation.
(c) Filing of Evidence of Financial Responsibility.--The
Secretary may require a motor private carrier (as defined in
section 13102) to file with the Secretary the evidence of
financial responsibility specified in subsection (b) in an
amount not less than the greater of the minimum amount required
by this section or the amount required for such motor private
carrier to transport property under the laws of the State or
States in which the motor private carrier is operating; except
that the amount of the financial responsibility must be
sufficient to pay not more than the amount of the financial
responsibility for each final judgment against the motor
private carrier for bodily injury to, or death of, an
individual resulting from negligent operation, maintenance, or
use of the motor vehicle, or for loss or damage to property, or
both.
(d) Requirements for Hazardous Matter and Oil.--(1) The
Secretary of Transportation shall prescribe regulations to
require minimum levels of financial responsibility sufficient
to satisfy liability amounts established by the Secretary
covering public liability, property damage, and environmental
restoration for the transportation by motor vehicle in
interstate or intrastate commerce of--
(A) hazardous material (as defined by the Secretary);
(B) oil or hazardous substances (as defined by the
Administrator of the Environmental Protection Agency);
or
(C) hazardous wastes (as defined by the
Administrator).
(2)(A) Except as provided in subparagraph (B) of this
paragraph, the level of financial responsibility established
under paragraph (1) of this subsection shall be at least
$5,000,000 for the transportation--
(i) of hazardous substances (as defined by the
Administrator) in cargo tanks, portable tanks, or
hopper-type vehicles, with capacities of more than
3,500 water gallons;
(ii) in bulk of class A explosives, poison gas,
liquefied gas, or compressed gas; or
(iii) of large quantities of radioactive material.
(B) The Secretary of Transportation by regulation may reduce
the minimum level in subparagraph (A) of this paragraph (to an
amount not less than $1,000,000) for transportation described
in subparagraph (A) in any of the territories of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands if--
(i) the chief executive officer of the territory
requests the reduction;
(ii) the reduction will prevent a serious disruption
in transportation service and will not adversely affect
public safety; and
(iii) insurance of $5,000,000 is not readily
available.
(3) The level of financial responsibility established under
paragraph (1) of this subsection for the transportation of a
material, oil, substance, or waste not subject to paragraph (2)
of this subsection shall be at least $1,000,000. However, if
the Secretary of Transportation finds it will not adversely
affect public safety, the Secretary by regulation may reduce
the amount for--
(A) a class of vehicles transporting such a material,
oil, substance, or waste in intrastate commerce (except
in bulk); and
(B) a farm vehicle transporting such a material or
substance in interstate commerce (except in bulk).
(e) Foreign Motor Carriers and Private Carriers.--Regulations
prescribed under this section may allow foreign motor carriers
and foreign motor private carriers (as those terms are defined
in section 10530 of this title) providing transportation of
property under a certificate of registration issued under
section 10530 to meet the minimum levels of financial
responsibility under this section only when those carriers are
providing transportation for property in the United States.
(f) Evidence of Financial Responsibility.--(1) Subject to
paragraph (2) of this subsection, financial responsibility may
be established by evidence of one or a combination of the
following if acceptable to the Secretary of Transportation:
(A) insurance.
(B) a guarantee.
(C) a surety bond issued by a bonding company
authorized to do business in the United States.
(D) qualification as a self-insurer.
(2) A person domiciled in a country contiguous to the United
States and providing transportation to which a minimum level of
financial responsibility under this section applies shall have
evidence of financial responsibility in the motor vehicle when
the person is providing the transportation. If evidence of
financial responsibility is not in the vehicle, the Secretary
of Transportation and the Secretary of the Treasury shall deny
entry of the vehicle into the United States.
(3) A motor carrier may obtain the required amount of
financial responsibility from more than one source provided the
cumulative amount is equal to the minimum requirements of this
section.
(g) Civil Penalty.--(1) If, after notice and an opportunity
for a hearing, the Secretary of Transportation finds that a
person (except an employee acting without knowledge) has
knowingly violated this section or a regulation prescribed
under this section, the person is liable to the United States
Government for a civil penalty of not more than $10,000 for
each violation. A separate violation occurs for each day the
violation continues.
(2) The Secretary of Transportation shall impose the penalty
by written notice. In determining the amount of the penalty,
the Secretary shall consider--
(A) the nature, circumstances, extent, and gravity of
the violation;
(B) with respect to the violator, the degree of
culpability, any history of prior violations, the
ability to pay, and any effect on the ability to
continue doing business; and
(C) other matters that justice requires.
(3) The Secretary of Transportation may compromise the
penalty before referring the matter to the Attorney General for
collection.
(4) The Attorney General shall bring a civil action in an
appropriate district court of the United States to collect a
penalty referred to the Attorney General for collection under
this subsection.
(5) The amount of the penalty may be deducted from amounts
the Government owes the person. An amount collected under this
section shall be deposited in the Highway Trust Fund (other
than the Mass Transit Account).
(h) Nonapplication.--This section does not apply to a motor
vehicle having a gross vehicle weight rating of less than
10,000 pounds if the vehicle is not used to transport in
interstate or foreign commerce--
(1) class A or B explosives;
(2) poison gas; or
(3) a large quantity of radioactive material.
* * * * * * *
Sec. 31144. Safety fitness of owners and operators
(a) In General.--The Secretary shall--
(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles, utilizing
among other things the accident record of an owner or
operator operating in interstate commerce and the
accident record and safety inspection record of such
owner or operator--
(A) in operations that affect interstate
commerce within the United States; and
(B) in operations in Canada and Mexico if the
owner or operator also conducts operations
within the United States;
(2) periodically update such safety fitness
determinations;
(3) make such final safety fitness determinations
readily available to the public; and
(4) prescribe by regulation penalties for violations
of this section consistent with section 521.
(b) Procedure.--The Secretary shall maintain by regulation a
procedure for determining the safety fitness of an owner or
operator. The procedure shall include, at a minimum, the
following elements:
(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate
safety fitness.
(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
(3) Specific time frames within which the Secretary
will determine whether an owner or operator is fit.
(c) Prohibited Transportation.--
(1) In general.--Except as provided in section
521(b)(5)(A) and this subsection, an owner or operator
who the Secretary determines is not fit may not operate
commercial motor vehicles in interstate commerce
beginning on the 61st day after the date of such
fitness determination and until the Secretary
determines such owner or operator is fit.
(2) Owners or operators transporting passengers.--
With regard to owners or operators of commercial motor
vehicles designed or used to transport passengers, an
owner or operator who the Secretary determines is not
fit may not operate in interstate commerce beginning on
the 46th day after the date of such fitness
determination and until the Secretary determines such
owner or operator is fit.
(3) Owners or operators transporting hazardous
material.--With regard to owners or operators of
commercial motor vehicles designed or used to transport
hazardous material for which placarding of a motor
vehicle is required under regulations prescribed under
chapter 51, an owner or operator who the Secretary
determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary
determines such owner or operator is fit. A violation
of this paragraph by an owner or operator transporting
hazardous material shall be considered a violation of
chapter 51, and shall be subject to the penalties in
sections 5123 and 5124.
(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the
Secretary may allow an owner or operator who is not fit
to continue operating for an additional 60 days after
the 61st day after the date of the Secretary's fitness
determination, if the Secretary determines that such
owner or operator is making a good faith effort to
become fit.
(5) Transportation affecting interstate commerce.--
Owners or operators of commercial motor vehicles
prohibited from operating in interstate commerce
pursuant to paragraphs (1) through (3) of this section
may not operate any commercial motor vehicle that
affects interstate commerce until the Secretary
determines that such owner or operator is fit.
(d) Determination of Unfitness by State.--If a State that
receives motor carrier safety assistance program funds under
section 31102 determines, by applying the standards prescribed
by the Secretary under subsection (b), that an owner or
operator of a commercial motor vehicle that has its principal
place of business in that State and operates in intrastate
commerce is unfit under such standards and prohibits the owner
or operator from operating such vehicle in the State, the
Secretary shall prohibit the owner or operator from operating
such vehicle in interstate commerce until the State determines
that the owner or operator is fit.
(e) Review of Fitness Determinations.--
(1) In general.--Not later than 45 days after an
unfit owner or operator requests a review, the
Secretary shall review such owner's or operator's
compliance with those requirements with which the owner
or operator failed to comply and resulted in the
Secretary determining that the owner or operator was
not fit.
(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall
review such owner's or operator's compliance with those
requirements with which the owner or operator failed to
comply and resulted in the Secretary determining that
the owner or operator was not fit.
(3) Owners or operators transporting hazardous
material.--Not later than 30 days after an unfit owner
or operator of commercial motor vehicles designed or
used to transport hazardous material for which
placarding of a motor vehicle is required under
regulations prescribed under chapter 51, the Secretary
shall review such owner's or operator's compliance with
those requirements with which the owner or operator
failed to comply and resulted in the Secretary
determining that the owner or operator was not fit.
(f) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use to
provide any transportation service an owner or operator who the
Secretary has determined is not fit until the Secretary
determines such owner or operator is fit.
(g) Safety Reviews of New Operators.--
(1) Safety review.--
(A) In general.--Except as provided under
subparagraph (B), the Secretary shall require,
by regulation, each owner and each operator
granted new registration under section 13902 or
31134 to undergo a safety review not later than
12 months after the owner or operator, as the
case may be, begins operations under such
registration.
(B) Providers of motorcoach services.--The
Secretary shall require, by regulation, each
owner and each operator granted new
registration to transport passengers under
section 13902 or 31134 to undergo a safety
review not later than 120 days after the owner
or operator, as the case may be, begins
operations under such registration.
(2) Elements.--In the regulations issued pursuant to
paragraph (1), the Secretary shall establish the
elements of the safety review, including basic safety
management controls. In establishing such elements, the
Secretary shall consider their effects on small
businesses and shall consider establishing alternate
locations where such reviews may be conducted for the
convenience of small businesses.
(3) Phase-in of requirement.--The Secretary shall
phase in the requirements of paragraph (1) in a manner
that takes into account the availability of certified
motor carrier safety auditors.
(4) New entrant authority.--Notwithstanding any other
provision of this title, any new operating authority
granted after the date on which section 31148(b) is
first implemented shall be designated as new entrant
authority until the safety review required by paragraph
(1) is completed.
(6) Additional requirements for household goods motor
carriers.--
(A) In general.--In addition to the
requirements of this subsection, the Secretary
shall require, by regulation, each registered
household goods motor carrier to undergo a
consumer protection standards review not later
than 18 months after the household goods motor
carrier begins operations under such authority.
(B) Elements.--In the regulations issued
pursuant to subparagraph (A), the Secretary
shall establish the elements of the consumer
protections standards review, including basic
management controls. In establishing the
elements, the Secretary shall consider the
effects on small businesses and shall consider
establishing alternate locations where such
reviews may be conducted for the convenience of
small businesses.
(h) Recognition of Canadian Motor Carrier Safety Fitness
Determinations.--
(1) If an authorized agency of the Canadian federal
government or a Canadian Territorial or Provincial
government determines, by applying the procedure and
standards prescribed by the Secretary under subsection
(b) or pursuant to an agreement under paragraph (2),
that a Canadian employer is unfit and prohibits the
employer from operating a commercial motor vehicle in
Canada or any Canadian Province, the Secretary may
prohibit the employer from operating such vehicle in
interstate and foreign commerce until the authorized
Canadian agency determines that the employer is fit.
(2) The Secretary may consult and participate in
negotiations with authorized officials of the Canadian
federal government or a Canadian Territorial or
Provincial government, as necessary, to provide
reciprocal recognition of each country's motor carrier
safety fitness determinations. An agreement shall
provide, to the maximum extent practicable, that each
country will follow the procedure and standards
prescribed by the Secretary under subsection (b) in
making motor carrier safety fitness determinations.
(i) Periodic Safety Reviews of Owners and Operators of
Interstate For-hire Commercial Motor Vehicles Designed or Used
to Transport Passengers.--
(1) Safety review.--
(A) In general.--The Secretary shall--
(i) determine the safety fitness of
each motor carrier of passengers [who
the Secretary registers under section
13902 or 31134] through a simple and
understandable rating system that
allows passengers to compare the safety
performance of each such motor carrier;
and
(ii) assign a safety fitness rating
to each such motor carrier.
(B) Applicability.--Subparagraph (A) shall
apply to motor carriers of passengers and--
(i) to any provider of motorcoach
services registered with the
Administration after the date of
enactment of the Motorcoach Enhanced
Safety Act of 2012 beginning not later
than 2 years after the date of such
registration; and
(ii) to any provider of motorcoach
services registered with the
Administration on or before the date of
enactment of that Act beginning not
later than 3 years after the date of
enactment of that Act.
(2) Periodic review.--The Secretary shall establish,
by regulation, a process for monitoring the safety
performance of each motor carrier of passengers on a
regular basis following the assignment of a safety
fitness rating, including progressive intervention to
correct unsafe practices.
(3) Enforcement strike forces.--In addition to the
enhanced monitoring and enforcement actions required
under paragraph (2), the Secretary may organize special
enforcement strike forces targeting motor carriers of
passengers.
(4) Periodic update of safety fitness rating.--In
conducting the safety reviews required under this
subsection, the Secretary shall--
(A) reassess the safety fitness rating of
each motor carrier of passengers not less
frequently than once every 3 years; and
(B) annually assess the safety fitness of
certain motor carriers of passengers that serve
primarily urban areas with high passenger
loads.
(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.
* * * * * * *
CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
* * * * * * *
Sec. 31301. Definitions
In this chapter--
(1) ``alcohol'' has the same meaning given the term
``alcoholic beverage'' in section 158(c) of title 23.
(2) ``commerce'' means trade, traffic, and
transportation--
(A) in the jurisdiction of the United States
between a place in a State and a place outside
that State (including a place outside the
United States); or
(B) in the United States that affects trade,
traffic, and transportation described in
subclause (A) of this clause.
(3) ``commercial driver's license'' means a license
issued by a State to an individual authorizing the
individual to operate a class of commercial motor
vehicles.
(4) ``commercial motor vehicle'' means a motor
vehicle used in commerce to transport passengers or
property that--
(A) has a gross vehicle weight rating or
gross vehicle weight of at least 26,001 pounds,
whichever is greater, or a lesser gross vehicle
weight rating or gross vehicle weight the
Secretary of Transportation prescribes by
regulation, but not less than a gross vehicle
weight rating of 10,001 pounds;
(B) is designed to transport at least 16
passengers including the driver; [or]
(C) is designed or used as a stretch
limousine; or
[(C)] (D) is used to transport material found
by the Secretary to be hazardous under section
5103 of this title, except that a vehicle shall
not be included as a commercial motor vehicle
under this subclause if--
(i) the vehicle does not satisfy the
weight requirements of subclause (A) of
this clause;
(ii) the vehicle is transporting
material listed as hazardous under
section 306(a) of the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9656(a)) and is not otherwise regulated
by the Secretary or is transporting a
consumer commodity or limited quantity
of hazardous material as defined in
section 171.8 of title 49, Code of
Federal Regulations; and
(iii) the Secretary does not deny the
application of this exception to the
vehicle (individually or as part of a
class of motor vehicles) in the
interest of safety.
(5) except in section 31306, ``controlled substance''
has the same meaning given that term in section 102 of
the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802).
(6) ``driver's license'' means a license issued by a
State to an individual authorizing the individual to
operate a motor vehicle on highways.
(7) ``employee'' means an operator of a commercial
motor vehicle (including an independent contractor when
operating a commercial motor vehicle) who is employed
by an employer.
(8) ``employer'' means a person (including the United
States Government, a State, or a political subdivision
of a State) that owns or leases a commercial motor
vehicle or assigns employees to operate a commercial
motor vehicle.
(9) ``felony'' means an offense under a law of the
United States or a State that is punishable by death or
imprisonment for more than one year.
(10) ``foreign commercial driver'' means an
individual licensed to operate a commercial motor
vehicle by an authority outside the United States, or a
citizen of a foreign country who operates a commercial
motor vehicle in the United States.
(11) ``hazardous material'' has the same meaning
given that term in section 5102 of this title.
(12) ``motor vehicle'' means a vehicle, machine,
tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used on public streets, roads, or
highways, but does not include a vehicle, machine,
tractor, trailer, or semitrailer operated only on a
rail line or custom harvesting farm machinery.
(13) ``serious traffic violation'' means--
(A) excessive speeding, as defined by the
Secretary by regulation;
(B) reckless driving, as defined under State
or local law;
(C) a violation of a State or local law on
motor vehicle traffic control (except a parking
violation) and involving a fatality, other than
a violation to which section 31310(b)(1)(E) or
31310(c)(1)(E) applies;
(D) driving a commercial motor vehicle when
the individual has not obtained a commercial
driver's license;
(E) driving a commercial motor vehicle when
the individual does not have in his or her
possession a commercial driver's license unless
the individual provides, by the date that the
individual must appear in court or pay any fine
with respect to the citation, to the
enforcement authority that issued the citation
proof that the individual held a valid
commercial driver's license on the date of the
citation;
(F) driving a commercial motor vehicle when
the individual has not met the minimum testing
standards--
(i) under section 31305(a)(3) for the
specific class of vehicle the
individual is operating; or
(ii) under section 31305(a)(5) for
the type of cargo the vehicle is
carrying; and
(G) any other similar violation of a State or
local law on motor vehicle traffic control
(except a parking violation) that the Secretary
designates by regulation as serious.
(14) ``State'' means a State of the United States
[and], the District of Columbia, and Puerto Rico.
(15) ``stretch limousine'' means any sedan or sports
utility vehicle that--
(A) has been modified to add seating capacity
to that provided by the vehicle manufacturer
through an extended chassis, lengthened
wheelbase, or an elongated seating area;
(B) as modified, has a seating capacity of
more than 8 passengers (including the driver);
(C) is used under trip-by-trip contracts for
the transportation of passengers for
compensation on a prearranged basis; and
(D) is not used for public transportation
service, as such term is defined in section
5302;
[(15)] (16) ``United States'' means the States of the
United States and the District of Columbia.
* * * * * * *
Sec. 31306. Alcohol and controlled substances testing
(a) Definition.--In this section and section 31306a,
``controlled substance'' means any substance under section 102
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802) specified by the Secretary of
Transportation.
(b) Testing Program for Operators of Commercial Motor
Vehicles.--(1)(A) In the interest of commercial motor vehicle
safety, the Secretary of Transportation shall prescribe
regulations that establish a program requiring motor carriers
to conduct preemployment, reasonable suspicion, random, and
post-accident testing of operators of commercial motor vehicles
for the use of a controlled substance in violation of law or a
United States Government regulation and to conduct reasonable
suspicion, random, and post-accident testing of such operators
for the use of alcohol in violation of law or a United States
Government regulation.
(B) The regulations prescribed under subparagraph (A) shall
permit motor carriers--
(i) to conduct preemployment testing of commercial
motor vehicle operators for the use of alcohol; and
(ii) to use hair testing as an acceptable alternative
to urine testing--
(I) in conducting preemployment testing for
the use of a controlled substance; and
(II) in conducting random testing for the use
of a controlled substance if the operator was
subject to hair testing for preemployment
testing.
(C) When the Secretary of Transportation considers it
appropriate in the interest of safety, the Secretary may
prescribe regulations for conducting periodic recurring testing
of operators of commercial motor vehicles for the use of
alcohol or a controlled substance in violation of law or a
Government regulation.
(2) In prescribing regulations under this subsection, the
Secretary of Transportation--
(A) shall require that post-accident testing of an
operator of a commercial motor vehicle be conducted
when loss of human life occurs in an accident involving
a commercial motor vehicle;
(B) may require that post-accident testing of such an
operator be conducted when bodily injury or significant
property damage occurs in any other serious accident
involving a commercial motor vehicle; and
(C) shall provide an exemption from hair testing for
commercial motor vehicle operators with established
religious beliefs that prohibit the cutting or removal
of hair.
(c) Testing and Laboratory Requirements.--In carrying out
subsection (b) of this section, the Secretary of Transportation
shall develop requirements that shall--
(1) promote, to the maximum extent practicable,
individual privacy in the collection of specimens;
(2) for laboratories and testing procedures for
controlled substances, incorporate the Department of
Health and Human Services scientific and technical
guidelines dated April 11, 1988, and any amendments to
those guidelines[, for urine testing,] and technical
guidelines for hair testing, including mandatory
guidelines establishing--
(A) comprehensive standards for every aspect
of laboratory controlled substances testing and
laboratory procedures to be applied in carrying
out this section, including standards requiring
the use of the best available technology to
ensure the complete reliability and accuracy of
controlled substances tests and strict
procedures governing the chain of custody of
specimens collected for controlled substances
testing;
(B) the minimum list of controlled substances
for which individuals may be tested;
(C) appropriate standards and procedures for
periodic review of laboratories and criteria
for certification and revocation of
certification of laboratories to perform
controlled substances testing in carrying out
this section; and
(D) laboratory protocols and cut-off levels
for hair testing to detect the use of a
controlled substance;
(3) require that a laboratory involved in testing
under this section have the capability and facility, at
the laboratory, of performing screening and
confirmation tests;
(4) provide that any test indicating the use of
alcohol or a controlled substance in violation of law
or a Government regulation be confirmed by a
scientifically recognized method of testing capable of
providing quantitative information about alcohol or a
controlled substance;
(5) provide that each specimen be subdivided,
secured, and labeled in the presence of the tested
individual and that a part of the specimen be retained
in a secure manner to prevent the possibility of
tampering, so that if the individual's confirmation
test results are positive the individual has an
opportunity to have the retained part tested by a 2d
confirmation test done independently at another
certified laboratory if the individual requests the 2d
confirmation test not later than 3 days after being
advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to
detect and quantify alcohol in breath and body fluid
samples, including urine and blood, through the
development of regulations that may be necessary and in
consultation with the Secretary of Health and Human
Services;
(7) provide for the confidentiality of test results
and medical information (except information about
alcohol or a controlled substance) of employees, except
that this clause does not prevent the use of test
results for the orderly imposition of appropriate
sanctions under this section; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no
employee is harassed by being treated differently from
other employees in similar circumstances.
(d) Testing as Part of Medical Examination.--The Secretary of
Transportation may provide that testing under subsection (a) of
this section for operators subject to subpart E of part 391 of
title 49, Code of Federal Regulations, be conducted as part of
the medical examination required under that subpart.
(e) Rehabilitation.--The Secretary of Transportation shall
prescribe regulations establishing requirements for
rehabilitation programs that provide for the identification and
opportunity for treatment of operators of commercial motor
vehicles who are found to have used alcohol or a controlled
substance in violation of law or a Government regulation. The
Secretary shall decide on the circumstances under which those
operators shall be required to participate in a program. This
section does not prevent a motor carrier from establishing a
program under this section in cooperation with another motor
carrier.
(f) Sanctions.--The Secretary of Transportation shall decide
on appropriate sanctions for a commercial motor vehicle
operator who is found, based on tests conducted and confirmed
under this section, to have used alcohol or a controlled
substance in violation of law or a Government regulation but
who is not under the influence of alcohol or a controlled
substance as provided in this chapter.
(g) Effect on State and Local Government Regulations.--A
State or local government may not prescribe or continue in
effect a law, regulation, standard, or order that is
inconsistent with regulations prescribed under this section.
However, a regulation prescribed under this section may not be
construed to preempt a State criminal law that imposes
sanctions for reckless conduct leading to loss of life, injury,
or damage to property.
(h) International Obligations and Foreign Laws.--In
prescribing regulations under this section, the Secretary of
Transportation--
(1) shall establish only requirements that are
consistent with international obligations of the United
States; and
(2) shall consider applicable laws and regulations of
foreign countries.
(i) Other Regulations Allowed.--This section does not prevent
the Secretary of Transportation from continuing in effect,
amending, or further supplementing a regulation prescribed
before October 28, 1991, governing the use of alcohol or a
controlled substance by commercial motor vehicle employees.
(j) Application of Penalties.--This section does not
supersede a penalty applicable to an operator of a commercial
motor vehicle under this chapter or another law.
* * * * * * *
Sec. 31313. Commercial driver's license program implementation
financial assistance program
(a) Financial Assistance Program.--
(1) In general.--The Secretary of Transportation
shall administer a financial assistance program for
commercial driver's license program implementation for
the purposes described in paragraphs (2) and (3).
(2) State commercial driver's license program
implementation grants.--In carrying out the program,
the Secretary may make a grant to a State agency in a
fiscal year--
(A) to assist the State in complying with the
requirements of section 31311; and
(B) in the case of a State that is making a
good faith effort toward substantial compliance
with the requirements of section 31311, to
improve the State's implementation of its
commercial driver's license program, including
expenses--
(i) for computer hardware and
software;
(ii) for publications, testing,
personnel, training, and quality
control;
(iii) for commercial driver's license
program coordinators; and
(iv) to implement or maintain a
system to notify an employer of an
operator of a commercial motor vehicle
of the suspension or revocation of the
operator's commercial driver's license
consistent with the standards developed
under section 32303(b) of the
Commercial Motor Vehicle Safety
Enhancement Act of 2012 (49 U.S.C.
31304 note).
(3) Priority activities.--The Secretary may make a
grant to or enter into a cooperative agreement with a
State agency, local government, or any person in a
fiscal year for research, development and testing,
demonstration projects, public education, and other
special activities and projects relating to commercial
drivers licensing and motor vehicle safety that--
(A) benefit all jurisdictions of the United
States;
(B) address national safety concerns and
circumstances;
(C) address emerging issues relating to
commercial driver's license improvements;
(D) support innovative ideas and solutions to
commercial driver's license program issues;
(E) support, in addition to funds otherwise
available for such purposes, the recognition,
prevention, and reporting of human trafficking;
or
(F) address other commercial driver's license
issues, as determined by the Secretary.
(b) Prohibitions.--[A recipient] In participating in
financial assistance program under this section--
(1) a recipient may not use financial assistance
funds awarded under this section to rent, lease, or buy
land or buildings[.]; and
(2) a State may not receive more than $250,000 in
grants under subsection (a)(2)(B) in any fiscal year--
(A) in which the State prohibits private
commercial driving schools or independent
commercial driver's license testing facilities
from offering a commercial driver's license
skills test as a third-party tester; or
(B) in which a State fails to report to the
Administrator of the Federal Motor Carrier
Safety Administration, during the previous
fiscal year, the average number of days of
delays for an initial commercial driver's
license skills test or retest within the State.
(c) Report.--The Secretary shall issue an annual report on
the activities carried out under this section.
(d) Apportionment.--All amounts made available to carry out
this section for a fiscal year shall be apportioned to a
recipient described in subsection (a)(3) according to criteria
prescribed by the Secretary.
(e) Funding.--For fiscal years beginning after September 30,
2016, this section shall be funded under section 31104.
* * * * * * *
Sec. 31315. Waivers, exemptions, and pilot programs
(a) Waivers.--The Secretary may grant a waiver that relieves
a person from compliance in whole or in part with a regulation
issued under this chapter or section 31136 if the Secretary
determines that it is in the public interest to grant the
waiver and that the waiver is likely to achieve a level of
safety that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the waiver--
(1) for a period not in excess of 3 months;
(2) limited in scope and circumstances;
(3) for nonemergency and unique events; and
(4) subject to such conditions as the Secretary may
impose.
(b) Exemptions.--
(1) In general.--Upon receipt of a request pursuant
to this subsection, the Secretary of Transportation may
grant to a person or class of persons an exemption from
a regulation prescribed under this chapter or section
31136 if the Secretary finds such exemption would
likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved
absent such exemption.
(2) Length of exemption and renewal.--An exemption
may be granted under paragraph (1) for no longer than 5
years and may be renewed, upon request, for subsequent
5-year periods if the Secretary continues to make the
finding under paragraph (1).
(3) Opportunity for resubmission.--If the Secretary
denies an application under paragraph (1) and the
applicant can reasonably address the reason for the
denial, the Secretary may allow the applicant to
resubmit the application.
(4) Authority to revoke exemption.--The Secretary
shall immediately revoke an exemption if--
(A) the person fails to comply with the terms
and conditions, including data submission
requirements, of such exemption;
(B) the exemption has resulted in a lower
level of safety than was maintained before the
exemption was granted; or
(C) continuation of the exemption would not
be consistent with the goals and objectives of
this chapter or section 31136, as the case may
be.
(5) Requests for exemption.--Not later than 180 days
after the date of enactment of this section and after
notice and an opportunity for public comment, the
Secretary shall specify by regulation the procedures by
which a person may request an exemption. Such
regulations shall, at a minimum, require the person to
provide the following information for each exemption
request:
(A) The provisions from which the person
requests exemption.
(B) The time period during which the
requested exemption would apply.
(C) An analysis of the safety impacts the
requested exemption may cause.
(D) The specific countermeasures the person
would undertake to ensure an equivalent or
greater level of safety than would be achieved
absent the requested exemption.
(6) Notice and comment.--
(A) Upon receipt of a request.--Upon receipt
of an exemption request, the Secretary shall
publish in the Federal Register (or, in the
case of a request for an exemption from the
physical qualification standards for commercial
motor vehicle drivers, post on a web site
established by the Secretary to implement the
requirements of section 31149) a notice
explaining the request that has been filed and
shall give the public an opportunity to inspect
the safety analysis and any other relevant
information known to the Secretary and to
comment on the request. This subparagraph does
not require the release of information
protected by law from public disclosure.
(B) Upon granting a request.--Upon granting a
request and before the effective date of the
exemption, the Secretary shall publish in the
Federal Register (or, in the case of an
exemption from the physical qualification
standards for commercial motor vehicle drivers,
post on a web site established by the Secretary
to implement the requirements of section 31149)
the name of the person granted the exemption,
the provisions from which the person is exempt,
the effective period, and the terms and
conditions of the exemption.
(C) After denying a request.--After denying a
request for exemption, the Secretary shall
publish in the Federal Register (or, in the
case of a request for an exemption from the
physical qualification standards for commercial
motor vehicle drivers, post on a web site
established by the Secretary to implement the
requirements of section 31149) the name of the
person denied the exemption and the reasons for
such denial. The Secretary may meet the
requirement of this subparagraph by
periodically publishing in the Federal Register
the names of persons denied exemptions and the
reasons for such denials.
(7) Applications to be dealt with promptly.--The
Secretary shall grant or deny an exemption request
after a thorough review of its safety implications, but
in no case later than 180 days after the filing date of
such request.
[(8) Terms and conditions.--The Secretary shall
establish terms and conditions for each exemption to
ensure that it will likely achieve a level of safety
that is equivalent to, or greater than, the level that
would be achieved absent such exemption. The Secretary
shall monitor the implementation of the exemption to
ensure compliance with its terms and conditions.]
(8) Terms and conditions.--
(A) In general.--The Secretary shall
establish terms and conditions for each
exemption to ensure that the exemption will not
likely degrade the level of safety achieved by
the person or class of persons granted the
exemption, and allow the Secretary to evaluate
whether an equivalent level of safety is
maintained while the person or class of persons
is operating under such exemption, including--
(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
crash that results in a fatality or
serious bodily injury;
(iii) for exemptions granted by the
Secretary related to hours of service
rules under part 395 of title 49, Code
of Federal Regulations, requiring that
the exempt person or class of persons
submit to the Secretary evidence of
participation in a recognized fatigue
management plan; and
(iv) providing documentation of the
authority to operate under the
exemption to each exempt person, to be
used to demonstrate compliance if
requested by a motor carrier safety
enforcement officer during a roadside
inspection.
(B) Implementation.--The Secretary shall
monitor the implementation of the exemption to
ensure compliance with its terms and
conditions.
(9) Notification of state compliance and enforcement
personnel.--Before the effective date of an exemption,
the Secretary shall notify a State safety compliance
and enforcement agency, and require the agency to
notify the State's roadside inspectors, that a person
will be operating pursuant to an exemption and the
terms and conditions that apply to the exemption.
(c) Pilot Programs.--
(1) In general.--The Secretary may conduct pilot
programs to evaluate alternatives to regulations
relating to, or innovative approaches to, motor
carrier, commercial motor vehicle, and driver safety.
Such pilot programs may include exemptions from a
regulation prescribed under this chapter or section
31136 if the pilot program contains, at a minimum, the
elements described in paragraph (2). The Secretary
shall publish a detailed description of each pilot
program, including the exemptions to be considered, and
provide notice and an opportunity for public comment
before the effective date of the program.
(2) Program elements.--In proposing a pilot program
and before granting exemptions for purposes of a pilot
program, the Secretary shall require, as a condition of
approval of the project, that the safety measures in
the project are designed to achieve a level of safety
that is equivalent to, or greater than, the level of
safety that would otherwise be achieved through
compliance with the regulations prescribed under this
chapter or section 31136. The Secretary shall include,
at a minimum, the following elements in each pilot
program plan:
(A) A scheduled life of each pilot program of
not more than 3 years.
(B) A specific data collection and safety
analysis plan that identifies a method for
comparison.
(C) A reasonable number of participants
necessary to yield statistically valid
findings.
(D) An oversight plan to ensure that
participants comply with the terms and
conditions of participation.
(E) Adequate countermeasures to protect the
health and safety of study participants and the
general public.
(F) A plan to inform State partners and the
public about the pilot program and to identify
approved participants to safety compliance and
enforcement personnel and to the public.
(3) Authority to revoke participation.--The Secretary
shall immediately revoke participation in a pilot
program of a motor carrier, commercial motor vehicle,
or driver for failure to comply with the terms and
conditions of the pilot program or if continued
participation would not be consistent with the goals
and objectives of this chapter or section 31136, as the
case may be.
(4) Authority to terminate program.--The Secretary
shall immediately terminate a pilot program if its
continuation would not be consistent with the goals and
objectives of this chapter or section 31136, as the
case may be.
(5) Report to congress.--At the conclusion of each
pilot program, the Secretary shall report to Congress
the findings, conclusions, and recommendations of the
program, including suggested amendments to laws and
regulations that would enhance motor carrier,
commercial motor vehicle, and driver safety and improve
compliance with national safety standards.
(d) Preemption of State Rules.--During the time period that a
waiver, exemption, or pilot program is in effect under this
chapter or section 31136, no State shall enforce any law or
regulation that conflicts with or is inconsistent with the
waiver, exemption, or pilot program with respect to a person
operating under the waiver or exemption or participating in the
pilot program.
(e) Report to Congress.--The Secretary shall submit an annual
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives listing the waivers, exemptions, and pilot
programs granted under this section, and any impacts on safety,
based on an analysis of data collected by the Secretary and
submitted to the Secretary under subsection (b)(8).
(f) Web Site.--The Secretary shall ensure that the Federal
Motor Carrier Safety Administration web site includes a link to
the web site established by the Secretary to implement the
requirements under sections 31149 and 31315. The link shall be
in a clear and conspicuous location on the home page of the
Federal Motor Carrier Safety Administration web site and be
easily accessible to the public.
(g) Limitations on Municipality and Commercial Zone
Exemptions and Waivers.--(1) The Secretary may not--
(A) exempt a person or commercial motor vehicle from
a regulation related to commercial motor vehicle safety
only because the operations of the person or vehicle
are entirely in a municipality or commercial zone of a
municipality; or
(B) waive application to a person or commercial motor
vehicle of a regulation related to commercial motor
vehicle safety only because the operations of the
person or vehicle are entirely in a municipality or
commercial zone of a municipality.
(2) If a person was authorized to operate a commercial motor
vehicle in a municipality or commercial zone of a municipality
in the United States for the entire period from November 19,
1987, through November 18, 1988, and if the person is otherwise
qualified to operate a commercial motor vehicle, the person may
operate a commercial motor vehicle entirely in a municipality
or commercial zone of a municipality notwithstanding--
(A) paragraph (1) of this subsection;
(B) a minimum age requirement of the United States
Government for operation of the vehicle; and
(C) a medical or physical condition that--
(i) would prevent an operator from operating
a commercial motor vehicle under the commercial
motor vehicle safety regulations in title 49,
Code of Federal Regulations;
(ii) existed on July 1, 1988;
(iii) has not substantially worsened; and
(iv) does not involve alcohol or drug abuse.
(3) This subsection does not affect a State commercial motor
vehicle safety law applicable to intrastate commerce.
* * * * * * *
SUBTITLE IX--MULTIMODAL FREIGHT TRANSPORTATION
* * * * * * *
CHAPTER 701--MULTIMODAL FREIGHT POLICY
* * * * * * *
Sec. 70101. National multimodal freight policy
(a) In General.--It is the policy of the United States to
maintain and improve the condition and performance of the
National Multimodal Freight Network established under section
70103 to ensure that the Network provides a foundation for the
United States to compete in the global economy and achieve the
goals described in subsection (b).
(b) Goals.--The goals of the national multimodal freight
policy are--
(1) to identify infrastructure improvements,
policies, and operational innovations that--
(A) strengthen the contribution of the
National Multimodal Freight Network to the
economic competitiveness of the United States;
(B) reduce congestion and eliminate
bottlenecks on the National Multimodal Freight
Network; and
(C) increase productivity, particularly for
domestic industries and businesses that create
high-value jobs;
(2) to improve the safety, security, efficiency, and
resiliency of multimodal freight transportation in
rural and urban areas;
(3) to achieve and maintain a state of good repair on
the National Multimodal Freight Network;
(4) to use innovation and advanced technology to
improve the safety, efficiency, and reliability of the
National Multimodal Freight Network;
(5) to improve the economic efficiency and
productivity of the National Multimodal Freight
Network;
(6) to improve the reliability of freight
transportation;
(7) to improve the short- and long-distance movement
of goods that--
(A) travel across rural areas between
population centers;
(B) travel between rural areas and population
centers[; and];
(C) travel within population centers; and
[(C)] (D) travel from the Nation's ports,
airports, and gateways to the National
Multimodal Freight Network;
(8) to improve the flexibility of States to support
multi-State corridor planning and the creation of
multi-State organizations to increase the ability of
States to address multimodal freight connectivity;
(9) to reduce the adverse environmental impacts of
freight movement on the National Multimodal Freight
Network[; and] 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;
(10) to decrease any adverse impact of freight
transportation on communities located near freight
facilities or freight corridors; and
[(10)] (11) to pursue the goals described in this
subsection in a manner that is not burdensome to State
and local governments.
(c) Implementation.--The Under Secretary of Transportation
for Policy, who shall be responsible for the oversight and
implementation of the national multimodal freight policy,
shall--
(1) carry out sections 70102 and 70103;
(2) assist with the coordination of modal freight
planning; and
(3) identify interagency data sharing opportunities
to promote freight planning and coordination.
Sec. 70102. National freight strategic plan
(a) In General.--Not later than 2 years after the date of
enactment of this section, the Under Secretary of
Transportation for Policy shall--
(1) develop a national freight strategic plan in
accordance with this section; and
(2) publish the plan on the public Internet Web site
of the Department of Transportation.
(b) Contents.--The national freight strategic plan shall
include--
(1) an assessment of the condition and performance of
the National Multimodal Freight Network established
under section 70103;
(2) forecasts of freight volumes for the succeeding
5-, 10-, and 20-year periods;
(3) an identification of major trade gateways and
national freight corridors that connect major
population centers, trade gateways, and other major
freight generators;
(4) an identification of bottlenecks on the National
Multimodal Freight Network that create significant
freight congestion, based on a quantitative methodology
developed by the Under Secretary, which shall include,
at a minimum--
(A) information from the Freight Analysis
Framework of the Federal Highway
Administration; and
(B) to the maximum extent practicable, an
estimate of the cost of addressing each
bottleneck and any operational improvements
that could be implemented;
(5) an assessment of statutory, regulatory,
technological, institutional, financial, and other
barriers to improved freight transportation
performance, and a description of opportunities for
overcoming the barriers;
(6) a process for addressing multistate projects and
encouraging jurisdictions to collaborate;
(7) strategies to improve freight intermodal
connectivity;
(8) an identification of corridors providing access
to energy exploration, development, installation, or
production areas;
(9) an identification of corridors providing access
to major areas for manufacturing, agriculture, or
natural resources;
(10) an identification of best practices for
improving the performance of the National Multimodal
Freight Network, including critical commerce corridors
and rural and urban access to critical freight
corridors; and
(11) an identification of best practices to mitigate
the impacts of freight movement on communities.
(c) Updates.--Not later than 5 years after the date of
completion of the national freight strategic plan under
subsection (a), and every 5 years thereafter, the Under
Secretary [shall update the plan and publish the updated plan
on the public Internet Web site of the Department of
Transportation.] 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.
(d) Consultation.--The Under Secretary shall develop and
update the national freight strategic plan--
(1) after providing notice and an opportunity for
public comment; and
(2) in consultation with State departments of
transportation, metropolitan planning organizations,
and other appropriate public and private transportation
stakeholders.
Sec. 70103. National Multimodal Freight Network
(a) In General.--The Under Secretary of Transportation for
Policy shall establish a National Multimodal Freight Network in
accordance with this section--
(1) to assist States in strategically directing
resources toward improved system performance for the
efficient movement of freight on the Network;
(2) to inform freight transportation planning;
(3) to assist in the prioritization of Federal
investment; and
(4) to assess and support Federal investments to
achieve the national multimodal freight policy goals
described in section 70101(b) of this title and the
national highway freight program goals described in
section 167 of title 23.
(b) Interim Network.--
(1) In general.--Not later than 180 days after the
date of enactment of this section, the Under Secretary
shall establish an interim National Multimodal Freight
Network in accordance with this subsection.
(2) Network components.--The interim National
Multimodal Freight Network shall include--
(A) the National Highway Freight Network, as
established under section 167 of title 23;
(B) the freight rail systems of Class I
railroads, as designated by the Surface
Transportation Board;
(C) the public ports [of the United States
that have] 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 total annual foreign and
domestic trade of at least 2,000,000
short tons, as identified by the
Waterborne Commerce Statistics Center
of the Army Corps of Engineers, using
the data from the latest year for which
such data is available;
(D) the inland and intracoastal waterways of
the United States, as described in section 206
of the Inland Waterways Revenue Act of 1978 (33
U.S.C. 1804);
(E) the Great Lakes, the St. Lawrence Seaway,
and coastal and ocean routes along which
domestic freight is transported;
(F) the 50 airports located in the United
States with the highest annual landed weight,
as identified by the Federal Aviation
Administration; and
(G) other strategic freight assets, including
strategic intermodal facilities and freight
rail lines of Class II and Class III railroads,
designated by the Under Secretary as critical
to interstate commerce.
(c) Final Network.--
(1) In general.--[Not later than 1 year after the
date of enactment of this section,]
(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), the Under Secretary, after
soliciting input from stakeholders, including
multimodal freight system users, transportation
providers, metropolitan planning organizations,
local governments, ports, airports, railroads,
and States, through a public process to
identify critical freight facilities and
corridors, including critical commerce
corridors, that are vital to achieve the
national multimodal freight policy goals
described in section 70101(b) of this title and
the national highway freight program goals
described in section 167 of title 23, and after
providing notice and an opportunity for comment
on a draft system, shall designate a National
Multimodal Freight Network with the goal of--
(A) improving network and intermodal
connectivity; and
(B) using measurable data as part of the
assessment of the significance of freight
movement, including the consideration of points
of origin, destinations, and linking components
of domestic and international supply chains.
(2) Factors.--In designating or redesignating the
National Multimodal Freight Network, the Under
Secretary shall consider--
(A) origins and destinations of freight
movement within, to, and from the United
States;
(B) volume, value, tonnage, and the strategic
importance of freight;
(C) access to border crossings, airports,
seaports, and pipelines;
(D) economic factors, including balance of
trade;
(E) access to major areas for manufacturing,
agriculture, or natural resources;
(F) access to energy exploration,
development, installation, and production
areas;
(G) intermodal links and intersections that
promote connectivity;
(H) freight choke points and other
impediments contributing to significant
measurable congestion, delay in freight
movement, or inefficient modal connections;
(I) impacts on all freight transportation
modes and modes that share significant freight
infrastructure;
(J) facilities and transportation corridors
identified by a multi-State coalition, a State,
a State freight advisory committee, or a
metropolitan planning organization, using
national or local data, as having critical
freight importance to the region;
(K) major distribution centers, inland
intermodal facilities, and first- and last-mile
facilities; and
(L) the significance of goods movement,
including consideration of global and domestic
supply chains.
(3) Considerations.--In designating or redesignating
the National Multimodal Freight Network, the Under
Secretary shall--
(A) use, to the extent practicable,
measurable data to assess the significance of
goods movement, including the consideration of
points of origin, destinations, and linking
components of the United States global and
domestic supply chains;
(B) consider--
(i) the factors described in
paragraph (2); and
(ii) any changes in the economy that
affect freight transportation network
demand; and
(C) provide the States and metropolitan
planning organizations with an opportunity to
submit proposed designations in accordance with
[paragraph (4)] paragraphs (4) and (5).
(4) State and metropolitan planning organization
input.--
(A) In general.--Each State that proposes
additional designations for the National
Multimodal Freight Network shall--
(i) consider nominations for
additional designations from
metropolitan planning organizations and
State freight advisory committees, as
applicable, within the State;
(ii) consider nominations for
additional designations from owners and
operators of port, rail, pipeline, and
airport facilities; and
(iii) ensure that additional
designations are consistent with the
State transportation improvement
program or freight plan.
(B) Critical rural freight facilities and
corridors.--As part of the designations under
subparagraph (A), a State may designate a
freight facility or corridor within the borders
of the State as a critical rural freight
facility or corridor if the facility or
corridor--
(i) is a rural principal arterial;
(ii) provides access or service to
energy exploration, development,
installation, or production areas;
(iii) provides access or service to--
(I) a grain elevator;
(II) an agricultural
facility;
(III) a mining facility;
(IV) a forestry facility; or
(V) an intermodal facility;
(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) has been determined by the State
to be vital to improving the efficient
movement of freight of importance to
the economy of the State.
[(C) Limitation.--
[(i) In general.--A State may propose
additional designations to the National
Multimodal Freight Network in the State
in an amount that is not more than 20
percent of the total mileage designated
by the Under Secretary in the State.
[(ii) Determination by under
secretary.--The Under Secretary shall
determine how to apply the limitation
under clause (i) to the components of
the National Multimodal Freight
Network.]
(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.
[(D)] (E) Submission and certification.--A
State shall submit to the Under Secretary--
(i) a list of any additional
designations proposed to be added under
this paragraph; and
(ii) a certification that--
(I) the State has satisfied
the requirements of
subparagraph (A); and
(II) the designations
referred to in clause (i)
address the factors for
designation described in this
subsection.
(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).
(d) Redesignation of National Multimodal Freight Network.--
Not later than 5 years after the initial designation under
subsection (c), and every 5 years thereafter, the Under
Secretary, using the designation factors described in
subsection (c), shall redesignate the National Multimodal
Freight Network.
* * * * * * *
CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION
Sec.
* * * * * * *
70205. National cooperative multimodal freight transportation research
program.
Sec. 70201. State freight advisory committees
(a) In General.--The Secretary of Transportation shall
encourage each State to establish a freight advisory committee
consisting of a representative cross-section of public and
private sector freight stakeholders, including representatives
of ports, freight railroads, shippers, carriers, freight-
related associations, third-party logistics providers, the
freight industry workforce, the transportation department of
the State, [and local governments] local governments,
metropolitan planning organizations, and the departments with
responsibility for environmental protection and air quality of
the State.
(b) Role of Committee.--A freight advisory committee of a
State described in subsection (a) shall--
(1) advise the State on freight-related priorities,
issues, projects, and funding needs;
(2) serve as a forum for discussion for State
transportation decisions affecting freight mobility;
(3) communicate and coordinate regional priorities
with other organizations;
(4) promote the sharing of information between the
private and public sectors on freight issues; and
(5) participate in the development of the freight
plan of the State described in section 70202.
Sec. 70202. State freight plans
(a) In General.--Each State that receives funding under
section 167 of title 23 shall develop a freight plan that
provides a comprehensive plan for the immediate and long-range
planning activities and investments of the State with respect
to freight.
(b) Plan Contents.--A State freight plan described in
subsection (a) shall include, at a minimum--
(1) an identification of significant freight system
trends, needs, and issues with respect to the State;
(2) a description of the freight policies,
strategies, and performance measures that will guide
the freight-related transportation investment decisions
of the State;
(3) when applicable, a listing of--
(A) multimodal critical rural and urban
freight facilities and corridors designated
within the State under section 70103 of this
title; and
(B) critical rural and urban freight
corridors designated within the State under
section 167 of title 23;
(4) a description of how the plan will improve the
ability of the State to meet the national multimodal
freight policy goals described in section 70101(b) of
this title and the national highway freight program
goals described in section 167 of title 23;
(5) a description of how innovative technologies and
operational strategies, including freight intelligent
transportation systems, that improve the safety and
efficiency of freight movement, were considered;
(6) in the case of roadways on which travel by heavy
vehicles (including mining, agricultural, energy cargo
or equipment, and timber vehicles) is projected to
substantially deteriorate the condition of the
roadways, a description of improvements that may be
required to reduce or impede the deterioration;
(7) an inventory of facilities with freight mobility
issues, such as bottlenecks, within the State, and for
those facilities that are State owned or operated, a
description of the strategies the State is employing to
address the freight mobility issues;
(8) consideration of any significant congestion or
delay caused by freight movements and any strategies to
mitigate that congestion or delay;
(9) a freight investment plan that, subject to
subsection (c)(2), includes a list of priority projects
and describes how funds made available to carry out
section 167 of title 23 would be invested and matched[;
and];
(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
[(10)] (12) consultation with the State freight
advisory committee, if applicable.
(c) Relationship to Long-Range Plan.--
(1) Incorporation.--A State freight plan described in
subsection (a) may be developed separately from or
incorporated into the statewide strategic long-range
transportation plan required by section 135 of title
23.
(2) Fiscal constraint.--The freight investment plan
component of a freight plan shall include a project, or
an identified phase of a project, only if funding for
completion of the project can reasonably be anticipated
to be available for the project within the time period
identified in the freight investment plan.
(d) Planning Period.--A State freight plan described in
subsection (a) shall address a 5-year forecast period.
(e) Updates.--
(1) In general.--A State shall update a State freight
plan described in subsection (a) not less frequently
than once every 5 years.
(2) Freight investment plan.--A State may update a
freight investment plan described in subsection (b)(9)
more frequently than is required under paragraph (1).
* * * * * * *
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
representing workers in freight transportation.
(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)).
* * * * * * *
SUBTITLE X--MISCELLANEOUS
* * * * * * *
CHAPTER 805--MISCELLANEOUS
* * * * * * *
Sec. 80502. Transportation of animals
(a) Confinement.--(1) Except as provided in this section, a
rail carrier, express carrier, or common carrier (except by air
or water), a receiver, trustee, or lessee of one of those
carriers, or an owner or master of a vessel transporting
animals 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, may not confine animals in a vehicle
or vessel for more than 28 consecutive hours without unloading
the animals for feeding, water, and rest.
(2) Sheep may be confined for an additional 8 consecutive
hours without being unloaded when the 28-hour period of
confinement ends at night. Animals may be confined for--
(A) more than 28 hours when the animals cannot be
unloaded because of accidental or unavoidable causes
that could not have been anticipated or avoided when
being careful; and
(B) 36 consecutive hours when the owner or person
having custody of animals being transported requests,
in writing and separate from a bill of lading or other
rail form, that the 28-hour period be extended to 36
hours.
(3) Time spent in loading and unloading animals is not
included as part of a period of confinement under this
subsection.
(b) Unloading, Feeding, Watering, and Rest.--Animals being
transported shall be unloaded in a humane way into pens
equipped for feeding, water, and rest for at least 5
consecutive hours. The owner or person having custody of the
animals shall feed and water the animals. When the animals are
not fed and watered by the owner or person having custody, the
rail carrier, express carrier, or common carrier (except by air
or water), the receiver, trustee, or lessee of one of those
carriers, or the owner or master of a vessel transporting the
animals--
(1) shall feed and water the animals at the
reasonable expense of the owner or person having
custody, except that the owner or shipper may provide
food;
(2) has a lien on the animals for providing food,
care, and custody that may be collected at the
destination in the same way that a transportation
charge is collected; and
(3) is not liable for detaining the animals for a
reasonable period to comply with subsection (a) of this
section.
(c) Nonapplication.--[This section does not] Subsections (a)
and (b) shall not apply when animals are transported in a
vehicle or vessel in which the animals have food, water, space,
and an opportunity for rest.
(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 two 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.
[(d)] (e) Civil Penalty.--[A rail carrier]
(1) In general._A rail carrier , express carrier, or
common carrier (except by air or water), a receiver,
trustee, or lessee of one of those carriers, or an
owner or master of a vessel that knowingly and
willfully violates [this section] subsection (a) or (b)
is liable to the United States Government for a civil
penalty of at least $100 but not more than $500 for
each violation. [On learning]
(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 of a violation, the
Attorney General shall bring a civil action to collect
the penalty in the district court of the United States
for the judicial district in which the violation
occurred or the defendant resides or does business.
* * * * * * *
----------
FAST ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fixing
America's Surface Transportation Act'' or the ``FAST Act''.
(b) Table of contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
DIVISION A--SURFACE TRANSPORTATION
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
* * * * * * *
[Sec. 1123. Nationally significant Federal lands and tribal projects
program.]
* * * * * * *
Subtitle D--Miscellaneous
* * * * * * *
[Sec. 1444. Every Day Counts initiative.]
* * * * * * *
TITLE V--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle B--Federal Motor Carrier Safety Administration Reform
* * * * * * *
Part II--Compliance, Safety, Accountability Reform
* * * * * * *
[Sec. 5223. Data certification.]
* * * * * * *
TITLE VI--INNOVATION
* * * * * * *
[Sec. 6028. Performance management data support program.]
* * * * * * *
DIVISION A--SURFACE TRANSPORTATION
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
* * * * * * *
[SEC. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
[(a) Purpose.--The Secretary shall establish a nationally
significant Federal lands and tribal projects program (referred
to in this section as the ``program'') to provide funding to
construct, reconstruct, or rehabilitate nationally significant
Federal lands and tribal transportation projects.
[(b) Eligible Applicants.--
[(1) In general.--Except as provided in paragraph
(2), entities eligible to receive funds under sections
201, 202, 203, and 204 of title 23, United States Code,
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--
[(1) on a Federal lands transportation facility, a
Federal lands access transportation facility, or a
tribal transportation facility (as those terms are
defined in section 101 of title 23, United States
Code), except that such facility is not required to be
included in an inventory described in section 202 or
203 of such title;
[(2) for which completion of activities required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) has been demonstrated through--
[(A) a record of decision with respect to the
project;
[(B) a finding that the project has no
significant impact; or
[(C) a determination that the project is
categorically excluded; and
[(3) having an estimated cost, based on the results
of preliminary engineering, equal to or exceeding
$25,000,000, with priority consideration given to
projects with an estimated cost equal to or exceeding
$50,000,000.
[(d) Eligible Activities.--
[(1) In general.--Subject to paragraph (2), an
eligible applicant receiving funds under the program
may only use the funds for construction,
reconstruction, and rehabilitation activities.
[(2) Ineligible activities.--An eligible applicant
may not use funds received under the program for
activities relating to project design.
[(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) Selection criteria.--In selecting a project to receive
funds under the program, the Secretary shall consider the
extent to which the project--
[(1) furthers the goals of the Department, including
state of good repair, economic competitiveness, quality
of life, and safety;
[(2) improves the condition of critical
transportation facilities, including multimodal
facilities;
[(3) needs construction, reconstruction, or
rehabilitation;
[(4) has costs matched by funds that are not provided
under this section, with projects with a greater
percentage of other sources of matching funds ranked
ahead of lesser matches;
[(5) is included in or eligible for inclusion in the
National Register of Historic Places;
[(6) uses new technologies and innovations that
enhance the efficiency of the project;
[(7) is supported by funds, other than the funds
received under the program, to construct, maintain, and
operate the facility;
[(8) spans 2 or more States; and
[(9) serves land owned by multiple Federal agencies
or Indian tribes.
[(g) Federal share.--
[(1) In general.--The Federal share of the cost of a
project shall be up to 90 percent.
[(2) Non-federal share.--Notwithstanding any other
provision of law, any Federal funds other than those
made available under title 23 or title 49, United
States Code, may be used to pay the non-Federal share
of the cost of a project carried out under this
section.
[(h) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $100,000,000 for each
of fiscal years 2016 through 2020. Such sums shall remain
available for a period of 3 fiscal years following the fiscal
year for which the amounts are appropriated.]
* * * * * * *
Subtitle D--Miscellaneous
* * * * * * *
SEC. 1404. DESIGN STANDARDS.
(a) In general.--Section 109 of title 23, United States Code,
is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A) by striking ``may take
into account'' and inserting ``shall
consider'';
(ii) in subparagraph (B) by striking
``and'' at the end;
(iii) by redesignating subparagraph
(C) as subparagraph (D); and
(iv) by inserting after subparagraph
(B) the following:
``(C) cost savings by utilizing flexibility
that exists in current design guidance and
regulations; and''; and
(B) in paragraph (2)--
(i) in subparagraph (C) by striking
``and'' at the end;
(ii) by redesignating subparagraph
(D) as subparagraph (F); and
(iii) by inserting after subparagraph
(C) the following:
``(D) the publication entitled `Highway
Safety Manual' of the American Association of
State Highway and Transportation Officials;
``(E) the publication entitled `Urban Street
Design Guide' of the National Association of
City Transportation Officials; and''; and
(2) in subsection (f) by inserting ``pedestrian
walkways,'' after ``bikeways,''.
[(b) Design Standard Flexibility.--Notwithstanding section
109(o) of title 23, United States Code, a State may allow a
local jurisdiction to use a roadway design publication that is
different 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 under the ownership of the local
jurisdiction (other than a highway on the Interstate System)
if--
[(1) the local jurisdiction is a direct recipient of
Federal funds for the project;
[(2) the roadway design publication--
[(A) is recognized by the Federal Highway
Administration; and
[(B) is adopted by the local jurisdiction;
and
[(3) the design complies with all other applicable
Federal laws.]
* * * * * * *
[SEC. 1444. EVERY DAY COUNTS INITIATIVE.
[(a) In general.--It is in the national interest for the
Department, State departments of transportation, and all other
recipients of Federal transportation funds--
[(1) to identify, accelerate, and deploy innovation
aimed at shortening project delivery, enhancing the
safety of the roadways of the United States, and
protecting the environment;
[(2) to ensure that the planning, design,
engineering, construction, and financing of
transportation projects is done in an efficient and
effective manner;
[(3) to promote the rapid deployment of proven
solutions that provide greater accountability for
public investments and encourage greater private sector
involvement; and
[(4) 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) shorten the project delivery process;
[(3) improve environmental sustainability;
[(4) enhance roadway safety; and
[(5) reduce congestion.
[(c) 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, webinars,
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.
[(d) Publication.--Each collection identified under
subsection (c) shall be published by the Administrator on a
publicly available Web site.]
* * * * * * *
TITLE III--PUBLIC TRANSPORTATION
* * * * * * *
SEC. 3005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In general.--Section 5309 of title 49, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and
weekend days'';
(B) in paragraph (6)--
(i) in subparagraph (A) by inserting
``, small start projects,'' after ``new
fixed guideway capital projects''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) 2 or more projects that are any
combination of new fixed guideway capital
projects, small start projects, and core
capacity improvement projects.''; and
(C) in paragraph (7)--
(i) in subparagraph (A), by striking
``$75,000,000'' and inserting
``$100,000,000''; and
(ii) in subparagraph (B), by striking
``$250,000,000'' and inserting
``$300,000,000'';
(2) in subsection (d)--
(A) in paragraph (1)(B) by striking ``,
policies and land use patterns that promote
public transportation,''; and
(B) in paragraph (2)(A)--
(i) in clause (iii) by adding ``and''
after the semicolon;
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as
clause (iv);
(3) in subsection (g)(2)(A)(i) by striking ``the
policies and land use patterns that support public
transportation,'';
(4) in subsection (h)(6)--
(A) by striking ``In carrying out'' and
inserting the following:
``(A) In general.--In carrying out''; and
(B) by adding at the end the following:
``(B) Optional early rating.--At the request
of the project sponsor, the Secretary shall
evaluate and rate the project in accordance
with paragraphs (4) and (5) and subparagraph
(A) of this paragraph upon completion of the
analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).'';
(5) in subsection (i)--
(A) in paragraph (1) by striking ``subsection
(d) or (e)'' and inserting ``subsection (d),
(e), or (h)'';
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A) by inserting ``new
fixed guideway capital project or core
capacity improvement'' after
``federally funded'';
(ii) by striking subparagraph (D) and
inserting the following:
``(D) the program of interrelated projects,
when evaluated as a whole--
``(i) meets the requirements of
subsection (d)(2), subsection (e)(2),
or paragraphs (3) and (4) of subsection
(h), as applicable, if the program is
comprised entirely of--
``(I) new fixed guideway
capital projects;
``(II) core capacity
improvement projects; or
``(III) small start projects;
or
``(ii) meets the requirements of
subsection (d)(2) if the program is
comprised of any combination of new
fixed guideway capital projects, small
start projects, and core capacity
improvement projects;''; and
(iii) in subparagraph (F), by
inserting ``or subsection (h)(5), as
applicable'' after ``subsection (f)'';
and
(C) by striking paragraph (3)(A) and
inserting the following:
``(A) Project advancement.--A project
receiving a grant under this section that is
part of a program of interrelated projects may
not advance--
``(i) in the case of a small start
project, from the project development
phase to the construction phase unless
the Secretary determines that the
program of interrelated projects meets
the applicable requirements of this
section and there is a reasonable
likelihood that the program will
continue to meet such requirements; or
``(ii) in the case of a new fixed
guideway capital project or a core
capacity improvement project, from the
project development phase to the
engineering phase, or from the
engineering phase to the construction
phase, unless the Secretary determines
that the program of interrelated
projects meets the applicable
requirements of this section and there
is a reasonable likelihood that the
program will continue to meet such
requirements.'';
(6) in subsection (l)--
(A) by striking paragraph (1) and inserting
the following:
``(1) In general.--
``(A) Estimation of net capital project
cost.--Based on engineering studies, studies of
economic feasibility, and information on the
expected use of equipment or facilities, the
Secretary shall estimate the net capital
project cost.
``(B) Grants.--
``(i) Grant for new fixed guideway
capital project.--A grant for a new
fixed guideway capital project shall
not exceed 80 percent of the net
capital project cost.
``(ii) Full funding grant agreement
for new fixed guideway capital
project.--A full funding grant
agreement for a new fixed guideway
capital project shall not include a
share of more than 60 percent from the
funds made available under this
section.
``(iii) Grant for core capacity
improvement project.--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.
``(iv) Grant for small start
project.--A grant for a small start
project shall not exceed 80 percent of
the net capital project costs.''; and
(B) by striking paragraph (4) and inserting
the following:
``(4) Remaining costs.--The remainder of the net
capital project costs shall be provided--
``(A) in cash from non-Government sources;
``(B) from revenues from the sale of
advertising and concessions; or
``(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or
reserve, or new capital.'';
(7) by striking subsection (n) and inserting the
following:
``(n) Availability of amounts.--
``(1) In general.--An amount made available or
appropriated for a new fixed guideway capital project
or core capacity improvement project shall remain
available to that project for 4 fiscal years, including
the fiscal year in which the amount is made available
or appropriated. Any amounts that are unobligated to
the project at the end of the 4-fiscal-year period may
be used by the Secretary for any purpose under this
section.
``(2) Use of deobligated amounts.--An amount
available under this section that is deobligated may be
used for any purpose under this section.''; and
(8) by adding at the end the following:
``(p) Special rule.--For the purposes of calculating the cost
effectiveness of a project described in subsection (d) or (e),
the Secretary shall not reduce or eliminate the capital costs
of art and non-functional landscaping elements from the
annualized capital cost calculation.
``(q) Joint Public Transportation and Intercity Passenger
Rail Projects.--
``(1) In general.--The Secretary may make grants for
new fixed guideway capital projects and core capacity
improvement projects that provide both public
transportation and intercity passenger rail service.
``(2) Eligible costs.--Eligible costs for a project
under this subsection shall be limited to the net
capital costs of the public transportation costs
attributable to the project based on projected use of
the new segment or expanded capacity of the project
corridor, not including project elements designed to
achieve or maintain a state of good repair, as
determined by the Secretary under paragraph (4).
``(3) Project justification and local financial
commitment.--A project under this subsection shall be
evaluated for project justification and local financial
commitment under subsections (d), (e), (f), and (h), as
applicable to the project, based on--
``(A) the net capital costs of the public
transportation costs attributable to the
project as determined under paragraph (4); and
``(B) the share of funds dedicated to the
project from sources other than this section
included in the unified finance plan for the
project.
``(4) Calculation of net capital project cost.--The
Secretary shall estimate the net capital costs of a
project under this subsection based on--
``(A) engineering studies;
``(B) studies of economic feasibility;
``(C) the expected use of equipment or
facilities; and
``(D) the public transportation costs
attributable to the project.
``(5) Government share of net capital project cost.--
``(A) Government share.--The Government share
shall not exceed 80 percent of the net capital
cost attributable to the public transportation
costs of a project under this subsection as
determined under paragraph (4).
``(B) Non-government share.--The remainder of
the net capital cost attributable to the public
transportation costs of a project under this
subsection shall be provided from an
undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new
capital.''.
[(b) Expedited Project Delivery for Capital Investment Grants
Pilot Program.--
[(1) Definitions.--In this subsection, the following
definitions shall apply:
[(A) Applicant.--The term ``applicant'' means
a State or local governmental authority that
applies for a grant under this subsection.
[(B) Capital project; fixed guideway; local
governmental authority; public transportation;
state; state of good repair.--The terms
``capital project'', ``fixed guideway'',
``local governmental authority'', ``public
transportation'', ``State'', and ``state of
good repair'' have the meanings given those
terms in section 5302 of title 49, United
States Code.
[(C) Core capacity improvement project.--The
term ``core capacity improvement project''--
[(i) means a substantial corridor-
based capital investment in an existing
fixed guideway system that increases
the capacity of a corridor by not less
than 10 percent; and
[(ii) may include project elements
designed to aid the existing fixed
guideway system in making substantial
progress towards achieving a state of
good repair.
[(D) Corridor-based bus rapid transit
project.--The term ``corridor-based bus rapid
transit project'' means a small start project
utilizing buses in which the project represents
a substantial investment in a defined corridor
as demonstrated by features that emulate the
services provided by rail fixed guideway public
transportation systems--
[(i) including--
[(I) defined stations;
[(II) traffic signal priority
for public transportation
vehicles;
[(III) short headway
bidirectional services for a
substantial part of weekdays;
and
[(IV) any other features the
Secretary may determine support
a long-term corridor
investment; and
[(ii) the majority of which does not
operate in a separated right-of-way
dedicated for public transportation use
during peak periods.
[(E) Eligible project.--The term ``eligible
project'' means a new fixed guideway capital
project, a small start project, or a core
capacity improvement project that has not
entered into a full funding grant agreement
with the Federal Transit Administration before
the date of enactment of this Act.
[(F) Fixed guideway bus rapid transit
project.--The term ``fixed guideway bus rapid
transit project'' means a bus capital project--
[(i) in which the majority of the
project operates in a separated right-
of-way dedicated for public
transportation use during peak periods;
[(ii) that represents a substantial
investment in a single route in a
defined corridor or subarea; and
[(iii) that includes features that
emulate the services provided by rail
fixed guideway public transportation
systems, including--
[(I) defined stations;
[(II) traffic signal priority
for public transportation
vehicles;
[(III) short headway
bidirectional services for a
substantial part of weekdays
and weekend days; and
[(IV) any other features the
Secretary may determine are
necessary to produce high-
quality public transportation
services that emulate the
services provided by rail fixed
guideway public transportation
systems.
[(G) New fixed guideway capital project.--The
term ``new fixed guideway capital project''
means--
[(i) a fixed guideway capital project
that is a minimum operable segment or
extension to an existing fixed guideway
system; or
[(ii) a fixed guideway bus rapid
transit project that is a minimum
operable segment or an extension to an
existing bus rapid transit system.
[(H) Recipient.--The term ``recipient'' means
a recipient of funding under chapter 53 of
title 49, United States Code.
[(I) Small start project.--The term ``small
start project'' means a new fixed guideway
capital project, a fixed guideway bus rapid
transit project, or a corridor-based bus rapid
transit project for which--
[(i) the Federal assistance provided
or to be provided under this subsection
is less than $75,000,000; and
[(ii) the total estimated net capital
cost is less than $300,000,000.
[(2) General Authority.--The Secretary may make
grants under this subsection to States and local
governmental authorities to assist in financing--
[(A) new fixed guideway capital projects or
small start projects, including the acquisition
of real property, the initial acquisition of
rolling stock for the system, the acquisition
of rights-of-way, and relocation, for projects
in the advanced stages of planning and design;
and
[(B) core capacity improvement projects,
including the acquisition of real property, the
acquisition of rights-of-way, double tracking,
signalization improvements, electrification,
expanding system platforms, acquisition of
rolling stock associated with corridor
improvements increasing capacity, construction
of infill stations, and such other capacity
improvement projects as the Secretary
determines are appropriate to increase the
capacity of an existing fixed guideway system
corridor by not less than 10 percent. Core
capacity improvement projects do not include
elements to improve general station facilities
or parking, or acquisition of rolling stock
alone.
[(3) Grant requirements.--
[(A) In general.--The Secretary may make not
more than 8 grants under this subsection for
eligible projects if the Secretary determines
that--
[(i) the eligible project is part of
an approved transportation plan
required under sections 5303 and 5304
of title 49, United States Code;
[(ii) the applicant has, or will
have--
[(I) the legal, financial,
and technical capacity to carry
out the eligible project,
including the safety and
security aspects of the
eligible project;
[(II) satisfactory continuing
control over the use of the
equipment or facilities;
[(III) the technical and
financial capacity to maintain
new and existing equipment and
facilities; and
[(IV) advisors providing
guidance to the applicant on
the terms and structure of the
project that are independent
from investors in the project;
[(iii) the eligible project is
supported, or will be supported, in
part, through a public-private
partnership, provided such support is
determined by local policies, criteria,
and decisionmaking under section
5306(a) of title 49, United States
Code;
[(iv) the eligible project is
justified based on findings presented
by the project sponsor to the
Secretary, including--
[(I) mobility improvements
attributable to the project;
[(II) environmental benefits
associated with the project;
[(III) congestion relief
associated with the project;
[(IV) economic development
effects derived as a result of
the project; and
[(V) estimated ridership
projections;
[(v) the eligible project is
supported by an acceptable degree of
local financial commitment (including
evidence of stable and dependable
financing sources); and
[(vi) the eligible project will be
operated and maintained by employees of
an existing provider of fixed guideway
or bus rapid transit public
transportation in the service area of
the project, or if none exists, by
employees of an existing public
transportation provider in the service
area.
[(B) Certification.--An applicant that has
submitted the certifications required under
subparagraphs (A), (B), (C), and (H) of section
5307(c)(1) of title 49, United States Code,
shall be deemed to have provided sufficient
information upon which the Secretary may make
the determinations required under this
paragraph.
[(C) Technical capacity.--The Secretary shall
use an expedited technical capacity review
process for applicants that have recently and
successfully completed not less than 1 new
fixed guideway capital project, small start
project, or core capacity improvement project,
if--
[(i) the applicant achieved budget,
cost, and ridership outcomes for the
project that are consistent with or
better than projections; and
[(ii) the applicant demonstrates that
the applicant continues to have the
staff expertise and other resources
necessary to implement a new project.
[(D) Financial commitment.--
[(i) Requirements.--In determining
whether an eligible project is
supported by an acceptable degree of
local financial commitment and shows
evidence of stable and dependable
financing sources for purposes of
subparagraph (A)(v), the Secretary
shall require that--
[(I) each proposed source of
capital and operating financing
is stable, reliable, and
available within the proposed
eligible project timetable; and
[(II) resources are available
to recapitalize, maintain, and
operate the overall existing
and proposed public
transportation system,
including essential feeder bus
and other services necessary,
without degradation to the
existing level of public
transportation services.
[(ii) Considerations.--In assessing
the stability, reliability, and
availability of proposed sources of
financing under clause (i), the
Secretary shall consider--
[(I) the reliability of the
forecasting methods used to
estimate costs and revenues
made by the applicant and the
contractors to the applicant;
[(II) existing grant
commitments;
[(III) the degree to which
financing sources are dedicated
to the proposed eligible
project;
[(IV) any debt obligation
that exists or is proposed by
the applicant, for the proposed
eligible project or other
public transportation purpose;
and
[(V) private contributions to
the eligible project, including
cost-effective project
delivery, management or
transfer of project risks,
expedited project schedule,
financial partnering, and other
public-private partnership
strategies.
[(E) Labor standards.--The requirements under
section 5333 of title 49, United States Code,
shall apply to each recipient of a grant under
this subsection.
[(4) Project advancement.--An applicant that desires
a grant under this subsection and meets the
requirements of paragraph (3) shall submit to the
Secretary, and the Secretary shall approve for
advancement, a grant request that contains--
[(A) identification of an eligible project;
[(B) a schedule and finance plan for the
construction and operation of the eligible
project;
[(C) an analysis of the efficiencies of the
proposed eligible project development and
delivery methods and innovative financing
arrangement for the eligible project, including
any documents related to the--
[(i) public-private partnership
required under paragraph (3)(A)(iii);
and
[(ii) project justification required
under paragraph (3)(A)(iv); and
[(D) a certification that the existing public
transportation system of the applicant or, in
the event that the applicant does not operate a
public transportation system, the public
transportation system to which the proposed
project will be attached, is in a state of good
repair.
[(5) Written notice from the secretary.--
[(A) In general.--Not later than 120 days
after the date on which the Secretary receives
a grant request of an applicant under paragraph
(4), the Secretary shall provide written notice
to the applicant--
[(i) of approval of the grant
request; or
[(ii) if the grant request does not
meet the requirements under paragraph
(4), of disapproval of the grant
request, including a detailed
explanation of the reasons for the
disapproval.
[(B) Concurrent notice.--The Secretary shall
provide concurrent notice of an approval or
disapproval of a grant request under
subparagraph (A) to the Committee on Banking,
Housing, and Urban Affairs of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
[(6) Waiver.--The Secretary may grant a waiver to an
applicant that does not comply with paragraph (4)(D)
if--
[(A) the eligible project meets the
definition of a core capacity improvement
project; and
[(B) the Secretary certifies that the
eligible project will allow the applicant to
make substantial progress in achieving a state
of good repair.
[(7) Selection criteria.--The Secretary may enter
into a full funding grant agreement with an applicant
under this subsection for an eligible project for which
an application has been submitted and approved for
advancement by the Secretary under paragraph (4), only
if the applicant has completed the planning and
activities required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
[(8) Letters of intent and full funding grant
agreements.--
[(A) Letters of Intent.--
[(i) Amounts intended to be
obligated.--The Secretary may issue a
letter of intent to an applicant
announcing an intention to obligate,
for an eligible project under this
subsection, an amount from future
available budget authority specified in
law that is not more than the amount
stipulated as the financial
participation of the Secretary in the
eligible project. When a letter is
issued for an eligible project under
this subsection, the amount shall be
sufficient to complete at least an
operable segment.
[(ii) Treatment.--The issuance of a
letter under clause (i) is deemed not
to be an obligation under section
1108(c), 1501, or 1502(a) of title 31,
United States Code, or an
administrative commitment.
[(B) Full funding grant agreements.--
[(i) In general.--Except as provided
in clause (v), an eligible project
shall be carried out under this
subsection through a full funding grant
agreement.
[(ii) Criteria.--The Secretary shall
enter into a full funding grant
agreement, based on the requirements of
this subparagraph, with each applicant
receiving assistance for an eligible
project that has received a written
notice of approval under paragraph
(5)(A)(i).
[(iii) Terms.--A full funding grant
agreement shall--
[(I) establish the terms of
participation by the Federal
Government in the eligible
project;
[(II) establish the maximum
amount of Federal financial
assistance for the eligible
project;
[(III) include the period of
time for completing
construction of the eligible
project, consistent with the
terms of the public-private
partnership agreement, even if
that period extends beyond the
period of an authorization; and
[(IV) make timely and
efficient management of the
eligible project easier
according to the law of the
United States.
[(iv) Special financial rules.--
[(I) In general.--A full
funding grant agreement under
this subparagraph obligates an
amount of available budget
authority specified in law and
may include a commitment,
contingent on amounts to be
specified in law in advance for
commitments under this
subparagraph, to obligate an
additional amount from future
available budget authority
specified in law.
[(II) Statement of contingent
commitment.--A full funding
grant agreement shall state
that the contingent commitment
is not an obligation of the
Federal Government.
[(III) Interest and other
financing costs.--Interest and
other financing costs of
efficiently carrying out a part
of the eligible project within
a reasonable time are a cost of
carrying out the eligible
project under a full funding
grant agreement, except that
eligible costs may not be more
than the cost of the most
favorable financing terms
reasonably available for the
eligible project at the time of
borrowing. The applicant shall
certify, in a way satisfactory
to the Secretary, that the
applicant has shown reasonable
diligence in seeking the most
favorable financing terms.
[(IV) Completion of operable
segment.--The amount stipulated
in an agreement under this
subparagraph for a new fixed
guideway capital project, core
capacity improvement project,
or small start project shall be
sufficient to complete at least
an operable segment.
[(v) Exception.--
[(I) In general.--The
Secretary, to the maximum
extent practicable, shall
provide Federal assistance
under this subsection for a
small start project in a single
grant. If the Secretary cannot
provide such a single grant,
the Secretary may execute an
expedited grant agreement in
order to include a commitment
on the part of the Secretary to
provide funding for the project
in future fiscal years.
[(II) Terms of expedited
grant agreements.--In executing
an expedited grant agreement
under this clause, the
Secretary may include in the
agreement terms similar to
those established under clause
(iii).
[(C) Limitation on amounts.--
[(i) In general.--The Secretary may
enter into full funding grant
agreements under this paragraph for
eligible projects that contain
contingent commitments to incur
obligations in such amounts as the
Secretary determines are appropriate.
[(ii) Appropriation required.--An
obligation may be made under this
paragraph only when amounts are
appropriated for obligation.
[(D) Notification to congress.--
[(i) In general.--Not later than 30
days before the date on which the
Secretary issues a letter of intent or
enters into a full funding grant
agreement for an eligible project under
this paragraph, the Secretary shall
notify, in writing, the Committee on
Banking, Housing, and Urban Affairs and
the Committee on Appropriations of the
Senate and the Committee on
Transportation and Infrastructure and
the Committee on Appropriations of the
House of Representatives of the
proposed letter of intent or full
funding grant agreement.
[(ii) Contents.--The written
notification under clause (i) shall
include a copy of the proposed letter
of intent or full funding grant
agreement for the eligible project.
[(9) Government share of net capital project cost.--
[(A) In general.--A grant for an eligible
project shall not exceed 25 percent of the net
capital project cost.
[(B) Remainder of net capital project cost.--
The remainder of the net capital project cost
shall be provided from an undistributed cash
surplus, a replacement or depreciation cash
fund or reserve, or new capital.
[(C) Limitation on statutory construction.--
Nothing in this subsection shall be construed
as authorizing the Secretary to require a non-
Federal financial commitment for a project that
is more than 75 percent of the net capital
project cost.
[(D) Special rule for rolling stock costs.--
In addition to amounts allowed pursuant to
subparagraph (A), a planned extension to a
fixed guideway system may include the cost of
rolling stock previously purchased if the
applicant satisfies the Secretary that only
amounts other than amounts provided by the
Federal Government were used and that the
purchase was made for use on the extension. A
refund or reduction of the remainder may be
made only if a refund of a proportional amount
of the grant of the Federal Government is made
at the same time.
[(E) Failure to carry out project.--If an
applicant does not carry out an eligible
project for reasons within the control of the
applicant, the applicant shall repay all
Federal funds awarded for the eligible project
from all Federal funding sources, for all
eligible project activities, facilities, and
equipment, plus reasonable interest and penalty
charges allowable by law.
[(F) Crediting of funds received.--Any funds
received by the Federal Government under this
paragraph, other than interest and penalty
charges, shall be credited to the appropriation
account from which the funds were originally
derived.
[(10) Availability of Amounts.--
[(A) In general.--An amount made available
for an eligible project shall remain available
to that eligible project for 4 fiscal years,
including the fiscal year in which the amount
is made available. Any amounts that are
unobligated to the eligible project at the end
of the 4-fiscal-year period may be used by the
Secretary for any purpose under this
subsection.
[(B) Use of deobligated amounts.--An amount
available under this subsection that is
deobligated may be used for any purpose under
this subsection.
[(11) Annual report on expedited project delivery for
capital investment grants.--Not later than the first
Monday in February of each year, the Secretary shall
submit to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the
Senate and the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives a report that includes a
proposed amount to be available to finance grants for
anticipated projects under this subsection.
[(12) Before and after study and report.--
[(A) Study required.--Each recipient shall
conduct a study that--
[(i) describes and analyzes the
impacts of the eligible project on
public transportation services and
public transportation ridership;
[(ii) describes and analyzes the
consistency of predicted and actual
benefits and costs of the innovative
project development and delivery
methods or innovative financing for the
eligible project; and
[(iii) identifies reasons for any
differences between predicted and
actual outcomes for the eligible
project.
[(B) Submission of report.--Not later than 2
years after an eligible project that is
selected under this subsection begins revenue
operations, the recipient shall submit to the
Secretary a report on the results of the study
conducted under subparagraph (A).
[(13) Rule of construction.--Nothing in this
subsection shall be construed to--
[(A) require the privatization of the
operation or maintenance of any project for
which an applicant seeks funding under this
subsection;
[(B) revise the determinations by local
policies, criteria, and decisionmaking under
section 5306(a) of title 49, United States
Code;
[(C) alter the requirements for locally
developed, coordinated, and implemented
transportation plans under sections 5303 and
5304 of title 49, United States Code; or
[(D) alter the eligibilities or priorities
for assistance under this subsection or section
5309 of title 49, United States Code.]
* * * * * * *
SEC. 3019. INNOVATIVE PROCUREMENT.
(a) Definition.--In this section, the term ``grantee'' means
a recipient or subrecipient of assistance under chapter 53 of
title 49, United States Code.
(b) Cooperative Procurement.--
(1) Definitions; general rules.--
(A) Definitions.--In this subsection--
(i) the term ``cooperative
procurement contract'' means a
contract--
(I) entered into between a
State government or eligible
nonprofit entity and 1 or more
vendors; and
(II) under which the vendors
agree to provide an option to
purchase rolling stock and
related equipment to multiple
participants;
(ii) the term ``eligible nonprofit
entity'' means--
(I) a nonprofit cooperative
purchasing organization that is
not a grantee; or
(II) a consortium of entities
described in subclause (I);
(iii) the terms ``lead nonprofit
entity'' and ``lead procurement
agency'' mean an eligible nonprofit
entity or a State government,
respectively, that acts in an
administrative capacity on behalf of
each participant in a cooperative
procurement contract;
(iv) the term ``participant'' means a
grantee that participates in a
cooperative procurement contract; and
(v) the term ``participate'' means to
purchase rolling stock and related
equipment under a cooperative
procurement contract using assistance
provided under chapter 53 of title 49,
United States Code.
(B) General rules.--
(i) Procurement not limited to
intrastate participants.--A grantee may
participate in a cooperative
procurement contract without regard to
whether the grantee is located in the
same State as the parties to the
contract.
(ii) Voluntary participation.--
Participation by grantees in a
cooperative procurement contract shall
be voluntary.
(iii) Contract terms.--The lead
procurement agency or lead nonprofit
entity for a cooperative procurement
contract shall develop the terms of the
contract.
(iv) Duration.--A cooperative
procurement contract--
(I) subject to subclauses
(II) and (III), may be for an
initial term of not more than 2
years;
(II) may include not more
than 3 optional extensions for
terms of not more than 1 year
each; and
(III) may be in effect for a
total period of not more than 5
years, including each extension
authorized under subclause
(II).
(v) Administrative expenses.--A lead
procurement agency or lead nonprofit
entity, as applicable, that enters into
a cooperative procurement contract--
(I) may charge the
participants in the contract
for the cost of administering,
planning, and providing
technical assistance for the
contract in an amount that is
not more than 1 percent of the
total value of the contract;
and
(II) with respect to the cost
described in subclause (I), may
incorporate the cost into the
price of the contract or
directly charge the
participants for the cost, but
not both.
(2) State cooperative procurement schedules.--
(A) Authority.--A State government may enter
into a cooperative procurement contract with 1
or more vendors if--
(i) the vendors agree to provide an
option to purchase rolling stock and
related equipment to the State
government and any other participant;
and
(ii) the State government acts
throughout the term of the contract as
the lead procurement agency.
(B) Applicability of policies and
procedures.--In procuring rolling stock and
related equipment under a cooperative
procurement contract under this subsection, a
State government shall comply with the policies
and procedures that apply to procurement by the
State government when using non-Federal funds,
to the extent that the policies and procedures
are in conformance with applicable Federal law.
(3) Pilot program for nonprofit cooperative
procurements.--
(A) Establishment.--The Secretary shall
establish and carry out a pilot program to
demonstrate the effectiveness of cooperative
procurement contracts administered by eligible
nonprofit entities.
(B) Designation.--In carrying out the program
under this paragraph, the Secretary shall
designate not less than 3 eligible nonprofit
entities to enter into a cooperative
procurement contract under which the eligible
nonprofit entity acts throughout the term of
the contract as the lead nonprofit entity.
(C) Notice of intent to participate.--At a
time determined appropriate by the lead
nonprofit entity, each participant in a
cooperative procurement contract under this
paragraph shall submit to the lead nonprofit
entity a nonbinding notice of intent to
participate.
(4) Joint procurement clearinghouse.--
(A) In general.--The Secretary shall
establish a clearinghouse for the purpose of
allowing grantees to aggregate planned rolling
stock purchases and identify joint procurement
participants.
(B) Nonprofit consultation.--In establishing
the clearinghouse under subparagraph (A), the
Secretary may consult with nonprofit entities
with expertise in public transportation or
procurement, and other stakeholders as the
Secretary determines appropriate.
(C) Information on procurements.--The
clearinghouse may include information on bus
size, engine type, floor type, and any other
attributes necessary to identify joint
procurement participants.
(D) Limitations.--
(i) Access.--The clearinghouse shall
only be accessible to the Federal
Transit Administration, a nonprofit
entity coordinating for such
clearinghouse with the Secretary, and
grantees.
(ii) Participation.--No grantee shall
be required to submit procurement
information to the database.
(c) Leasing Arrangements.--
(1) Capital lease defined.--
(A) In general.--In this subsection, the term
``capital lease'' means any agreement under
which a grantee acquires the right to use
rolling stock or related equipment for a
specified period of time, in exchange for a
periodic payment.
(B) Maintenance.--A capital lease may require
that the lessor provide maintenance of the
rolling stock or related equipment covered by
the lease.
(2) Program to support innovative leasing
arrangements.--
(A) Authority.--A grantee may use assistance
provided under chapter 53 of title 49, United
States Code, to enter into a capital lease if--
(i) the rolling stock or related
equipment covered under the lease is
eligible for capital assistance under
such chapter; and
(ii) there is or will be no Federal
interest in the rolling stock or
related equipment covered under the
lease as of the date on which the lease
takes effect.
(B) Grantee requirements.--A grantee that
enters into a capital lease shall--
(i) maintain an inventory of the
rolling stock or related equipment
acquired under the lease; and
(ii) maintain on the accounting
records of the grantee the liability of
the grantee under the lease.
(C) Eligible lease costs.--The costs for
which a grantee may use assistance under
chapter 53 of title 49, United States Code,
with respect to a capital lease, include--
(i) the cost of the rolling stock or
related equipment;
(ii) associated financing costs,
including interest, legal fees, and
financial advisor fees;
(iii) ancillary costs such as
delivery and installation charges; and
(iv) maintenance costs.
(D) Terms.--A grantee shall negotiate the
terms of any lease agreement that the grantee
enters into.
(E) Applicability of procurement
requirements.--
(i) Lease requirements.--Part 639 of
title 49, Code of Federal Regulations,
or any successor regulation, and
implementing guidance applicable to
leasing shall not apply to a capital
lease.
(ii) Buy America.--The requirements
under section [5323(j)] 5320 of title
49, United States Code, shall apply to
a capital lease.
(3) Capital leasing of certain zero emission vehicle
components.--
(A) Definitions.--In this paragraph--
(i) the term ``removable power
source''--
(I) means a power source that
is separately installed in, and
removable from, a zero emission
vehicle; and
(II) may include a battery, a
fuel cell, an ultra-capacitor,
or other advanced power source
used in a zero emission
vehicle; and
(ii) the term ``zero emission
vehicle'' has the meaning given the
term in section 5339(c) of title 49,
United States Code.
(B) Leased power sources.--Notwithstanding
any other provision of law, for purposes of
this subsection, the cost of a removable power
source that is necessary for the operation of a
zero emission vehicle shall not be treated as
part of the cost of the vehicle if the
removable power source is acquired using a
capital lease.
(C) Eligible capital lease.--A grantee may
acquire a removable power source by itself
through a capital lease.
(D) Procurement regulations.--For purposes of
this section, a removable power source shall be
subject to section 200.88 of title 2, Code of
Federal Regulations.
(4) Reporting requirement.--Not later than 3 years
after the date on which a grantee enters into a capital
lease under this subsection, the grantee shall submit
to the Secretary a report that contains--
(A) an evaluation of the overall costs and
benefits of leasing rolling stock; and
(B) a comparison of the expected short-term
and long-term maintenance costs of leasing
versus buying rolling stock.
(5) Report.--The Secretary shall make publicly
available an annual report on 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 this subsection, and evaluation of
the program including the evaluation of the data
reported in paragraph (4).
(d) Buy america.--The requirements of section 5323(j) of
title 49, United States Code, shall apply to all procurements
under this section.
* * * * * * *
TITLE IV--HIGHWAY TRAFFIC SAFETY
* * * * * * *
SEC. 4007. STOP MOTORCYCLE CHECKPOINT FUNDING.
Notwithstanding section 153 of title 23, United States Code,
the Secretary may not provide a grant or any funds to a State,
county, town, township, Indian tribe, municipality, or other
local government that may be used for any program--
(1) to check helmet usage; [or]
(2) to create checkpoints that specifically target
motorcycle operators or motorcycle passengers[.]; or
(3) otherwise profile and stop motorcycle operators
or motorcycle passengers using as a factor the clothing
or mode of transportation of such operators or
passengers.
* * * * * * *
SEC. 4010. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.
Not later than 60 days after the date on which the Secretary
awards grants under section 405 of title 23, United States
Code, the Secretary shall make available on a publicly
available Internet Web site of the Department of
Transportation--
(1) an identification of--
(A) the States that were awarded grants under
such section;
(B) the States that applied and were not
awarded grants under such section; and
(C) the States that did not apply for a grant
under such section; and
(2) a list of [deficiencies] all deficiencies that
made a State ineligible for a grant under such section
for each State under paragraph (1)(B).
* * * * * * *
TITLE V--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle B--Federal Motor Carrier Safety Administration Reform
* * * * * * *
PART II--COMPLIANCE, SAFETY, ACCOUNTABILITY REFORM
* * * * * * *
[SEC. 5223. DATA CERTIFICATION.
[(a) In general.--On and after the date that is 1 day after
the date of enactment of this Act, no information regarding
analysis of violations, crashes in which a determination is
made that the motor carrier or the commercial motor vehicle
driver is not at fault, alerts, or the relative percentile for
each BASIC developed under the CSA program may be made
available to the general public until the Inspector General of
the Department certifies that--
[(1) the report required under section 5221(c) has
been submitted in accordance with that section;
[(2) any deficiencies identified in the report
required under section 5221(c) have been addressed;
[(3) if applicable, the corrective action plan under
section 5221(d) has been implemented;
[(4) the Administrator of the Federal Motor Carrier
Safety Administration has fully implemented or
satisfactorily addressed the issues raised in the
report titled ``Modifying the Compliance, Safety,
Accountability Program Would Improve the Ability to
Identify High Risk Carriers'' of the Government
Accountability Office and dated February 2014 (GAO-14-
114); and
[(5) the Secretary has initiated modification of the
CSA program in accordance with section 5222.
[(b) Limitation on the Use of CSA Analysis.--Information
regarding alerts and the relative percentile for each BASIC
developed under the CSA program may not be used for safety
fitness determinations until the Inspector General of the
Department makes the certification under subsection (a).
[(c) Continued Public Availability of Data.--Notwithstanding
any other provision of this section, inspection and violation
information submitted to the Federal Motor Carrier Safety
Administration by commercial motor vehicle inspectors and
qualified law enforcement officials, out-of-service rates, and
absolute measures shall remain available to the public.
[(d) Exceptions.--
[(1) In general.--Notwithstanding any other provision
of this section--
[(A) the Federal Motor Carrier Safety
Administration and State and local commercial
motor vehicle enforcement agencies may use the
information referred to in subsection (a) for
purposes of investigation and enforcement
prioritization;
[(B) a motor carrier and a commercial motor
vehicle driver may access information referred
to in subsection (a) that relates directly to
the motor carrier or driver, respectively; and
[(C) a data analysis of motorcoach operators
may be provided online with a notation
indicating that the ratings or alerts listed
are not intended to imply any Federal safety
rating of the carrier.
[(2) Notation.--The notation described in paragraph
(1)(C) shall include the following: ``Readers should
not draw conclusions about a carrier's overall safety
condition simply based on the data displayed in this
system. Unless a motor carrier has received an
UNSATISFACTORY safety rating under part 385 of title
49, Code of Federal Regulations, or has otherwise been
ordered to discontinue operations by the Federal Motor
Carrier Safety Administration, it is authorized to
operate on the Nation's roadways.''.
[(3) Rule of construction.--Nothing in this section
may be construed to restrict the official use by State
enforcement agencies of the data collected by State
enforcement personnel.]
* * * * * * *
TITLE VI--INNOVATION
* * * * * * *
SEC. 6020. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.
(a) In general.--The Secretary shall establish a program to
provide grants to States to demonstrate user-based alternative
revenue mechanisms that utilize a user fee structure to
maintain the long-term solvency of the Highway Trust Fund.
[(b) 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.]
(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 or a group of States under this
section for the following projects:
(A) State pilot projects.--
(i) In general.--A pilot project to
demonstrate a user-based alternative
revenue mechanism in a State.
(ii) Limitation.--If an applicant has
previously been awarded a grant under
this section, such applicant's proposed
pilot project must be comprised of core
activities or iterations not
substantially similar in manner or
scope to activities previously carried
out by the applicant with a grant for a
project 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; or
(ii) that demonstrates progress
towards implementation of a user-based
alternative revenue mechanism, with
consideration for previous grants
awarded to the applicant under this
section.
(c) Objectives.--The Secretary shall ensure that the
activities carried out using funds provided under this section
meet the following objectives:
(1) To test the design, acceptance, and
implementation of [2 or more future] user-based
alternative revenue mechanisms.
(2) To improve the functionality of such user-based
alternative revenue mechanisms.
(3) To conduct outreach to increase public awareness
regarding the need for alternative funding sources for
surface transportation programs and to provide
information on possible approaches.
(4) To provide recommendations regarding adoption and
implementation of user-based alternative revenue
mechanisms.
(5) To minimize the administrative cost of any
potential user-based alternative revenue mechanisms.
(6) To test solutions to ensure the privacy and
security of data collected for the purpose of
implementing a user-based alternative revenue
mechanism.
(d) Use of Funds.--A State or group of States receiving funds
under this section [to test the design, acceptance, and
implementation of a user-based alternative revenue mechanism]
to test the design and acceptance of, or implement, a user-
based alternative revenue mechanism--
(1) shall address--
(A) the implementation, interoperability,
public acceptance, and other potential hurdles
to the adoption of the user-based alternative
revenue mechanism;
(B) the protection of personal privacy;
(C) the use of independent and private third-
party vendors to collect fees and operate the
user-based alternative revenue mechanism;
(D) market-based congestion mitigation, if
appropriate;
(E) equity concerns, including the impacts of
the user-based alternative revenue mechanism on
differing income groups, various geographic
areas, and the relative burdens on rural and
urban drivers;
(F) ease of compliance for different users of
the transportation system; and
(G) the reliability and security of
technology used to implement the user-based
alternative revenue mechanism; and
(2) may address--
(A) the flexibility and choices of user-based
alternative revenue mechanisms, including the
ability of users to select from various
technology and payment options;
(B) the cost of administering the user-based
alternative revenue mechanism; and
(C) the ability of the administering entity
to audit and enforce user compliance.
(e) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this section.
(f) Limitations on Revenue Collected.--Any revenue collected
through a user-based alternative revenue mechanism established
using funds provided under this section shall not be considered
a toll under section 301 of title 23, United States Code.
(g) Federal Share.--The Federal share of the cost of an
activity carried out under this section may not exceed [50
percent] 80 percent of the total cost of the activity.
(h) Report to secretary.--Not later than 1 year after the
date on which the first eligible entity receives a grant under
this section, and each year thereafter, each recipient of a
grant under this section shall submit to the Secretary a report
that describes--
(1) how the demonstration activities carried out with
grant funds meet the objectives described in subsection
(c); and
(2) lessons learned for future deployment of
alternative revenue mechanisms that utilize a user fee
structure.
(i) Biennial Reports.--Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter until
the completion of the demonstration activities under this
section, the Secretary shall make available to the public on an
Internet website a report describing the progress of the
demonstration activities and containing a determination of the
characteristics of the most successful mechanisms with the
highest potential for future widespread deployment.
[(j) Funding.--Of the funds authorized to carry out section
503(b) of title 23, United States Code--
[(1) $15,000,000 shall be used to carry out this
section for fiscal year 2016; and
[(2) $20,000,000 shall be used to carry out this
section for each of fiscal years 2017 through 2020.
[(k) Grant flexibility.--If, by August 1 of each fiscal year,
the Secretary determines that there are not enough grant
applications that meet the requirements of this section for a
fiscal year, Secretary shall transfer to the program under
section 503(b) of title 23, United States Code--
[(1) any of the funds reserved for the fiscal year
under subsection (j) that the Secretary has not yet
awarded under this section; and
[(2) an amount of obligation limitation equal to the
amount of funds that the Secretary transfers under
paragraph (1).]
(j) Funding.--Of amounts made available to carry out this
section--
(1) for fiscal year 2023, $17,500,000 shall be used
to carry out projects under subsection (b)(2)(A) and
$17,500,000 shall be used to carry out projects under
subsection (b)(2)(B);
(2) for fiscal year 2024, $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 2025, $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 2026, $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 obligated 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. 6028. 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 of title 23, United States Code).
[(b) Inclusions.--The data analysis activities authorized
under subsection (a) may include--
[(1) collecting and distributing vehicle probe data
describing traffic on Federal-aid highways;
[(2) collecting household travel behavior data to
assess local and cross-jurisdictional travel, including
to accommodate external and through travel;
[(3) 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;
[(4) enhancing existing data analysis tools to
improve performance predictions and travel models in
reports described in section 150(e) of title 23, United
States Code; and
[(5) developing tools--
[(A) to improve performance analysis; and
[(B) to evaluate the effects of project
investments on performance.
[(c) Funding.--From amounts authorized to carry out the
Highway Research and Development Program, the Administrator of
the Federal Highway Administration may use up to $10,000,000
for each of fiscal years 2016 through 2020 to carry out this
section.]
* * * * * * *
----------
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Transportation Equity Act for the 21st Century''.
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle B--General Provisions
* * * * * * *
[Sec. 1216. Innovative surface transportation financing methods.]
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle B--General Provisions
* * * * * * *
[SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
* * * * * * *
[(b) Interstate System Reconstruction and Rehabilitation
Pilot Program.--
[(1) Establishment.--The Secretary shall establish
and implement an Interstate System reconstruction and
rehabilitation pilot program under which the Secretary,
notwithstanding sections 129 and 301 of title 23,
United States Code, may permit a State to collect tolls
on a highway, bridge, or tunnel on the Interstate
System for the purpose of reconstructing and
rehabilitating Interstate highway corridors that could
not otherwise be adequately maintained or functionally
improved without the collection of tolls.
[(2) Limitation on number of facilities.--The
Secretary may permit the collection of tolls under this
subsection on 3 facilities on the Interstate System.
Each of such facilities shall be located in a different
State.
[(3) Eligibility.--To be eligible to participate in
the pilot program, a State shall submit to the
Secretary an application that contains, at a minimum,
the following:
[(A) An identification of the facility on the
Interstate System proposed to be a toll
facility, including the age, condition, and
intensity of use of the facility.
[(B) In the case of a facility that affects a
metropolitan area, an assurance that the
metropolitan planning organization established
under section 134 of title 23, United States
Code, for the area has been consulted
concerning the placement and amount of tolls on
the facility.
[(C) An analysis demonstrating that the
facility could not be maintained or improved to
meet current or future needs from the State's
apportionments and allocations made available
by this Act (including amendments made by this
Act) and from revenues for highways from any
other source without toll revenues.
[(D) A facility management plan that
includes--
[(i) a plan for implementing the
imposition of tolls on the facility;
[(ii) a schedule and finance plan for
the reconstruction or rehabilitation of
the facility using toll revenues;
[(iii) a description of the public
transportation agency that will be
responsible for implementation and
administration of the pilot program;
[(iv) a description of whether
consideration will be given to
privatizing the maintenance and
operational aspects of the facility,
while retaining legal and
administrative control of the portion
of the Interstate route; and
[(v) such other information as the
Secretary may require.
[(4) Selection criteria.--The Secretary may approve
the application of a State under paragraph (3) only if
the Secretary determines that--
[(A) the State is unable to reconstruct or
rehabilitate the proposed toll facility using
existing apportionments;
[(B) the facility has a sufficient intensity
of use, age, or condition to warrant the
collection of tolls;
[(C) the State plan for implementing tolls on
the facility takes into account the interests
of local, regional, and interstate travelers;
[(D) the State plan for reconstruction or
rehabilitation of the facility using toll
revenues is reasonable;
[(E) the State has given preference to the
use of a public toll agency with demonstrated
capability to build, operate, and maintain a
toll expressway system meeting criteria for the
Interstate System; and
[(F) the State has the authority required for
the project to proceed.
[(5) Limitations on use of revenues; audits.--Before
the Secretary may permit a State to participate in the
pilot program, the State must enter into an agreement
with the Secretary that provides that--
[(A) all toll revenues received from
operation of the toll facility will be used
only for--
[(i) debt service;
[(ii) reasonable return on investment
of any private person financing the
project; and
[(iii) any costs necessary for the
improvement of and the proper operation
and maintenance of the toll facility,
including reconstruction, resurfacing,
restoration, and rehabilitation of the
toll facility; and
[(B) regular audits will be conducted to
ensure compliance with subparagraph (A) and the
results of such audits will be transmitted to
the Secretary.
[(6) Requirements for project completion.--
[(A) General term for expiration of
provisional application.--An application
provisionally approved by the Secretary under
this subsection shall expire 3 years after the
date on which the application was provisionally
approved if the State has not--
[(i) submitted a complete application
to the Secretary that fully satisfies
the eligibility criteria under
paragraph (3) and the selection
criteria under paragraph (4);
[(ii) completed the environmental
review and permitting process under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the
pilot project; and
[(iii) executed a toll agreement with
the Secretary.
[(B) Exceptions to expiration.--
Notwithstanding subparagraph (A), the Secretary
may extend the provisional approval for not
more than 1 additional year if the State
demonstrates material progress toward
implementation of the project as evidenced by--
[(i) substantial progress in
completing the environmental review and
permitting process for the pilot
project under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
[(ii) funding and financing
commitments for the pilot project;
[(iii) expressions of support for the
pilot project from State and local
governments, community interests, and
the public; and
[(iv) submission of a facility
management plan pursuant to paragraph
(3)(D).
[(C) Conditions for previously provisionally
approved applications.--A State with a
provisionally approved application for a pilot
project as of the date of enactment of the FAST
Act shall have 1 year after that date of
enactment to meet the requirements of
subparagraph (A) or receive an extension from
the Secretary under subparagraph (B), or the
application will expire.
[(7) Definition.--In this subsection, the term
``provisional approval'' or ``provisionally approved''
means the approval by the Secretary of a partial
application under this subsection, including the
reservation of a slot in the pilot program.
[(8) Limitation on use of interstate maintenance
funds.--During the term of the pilot program, funds
apportioned for Interstate maintenance under section
104(b)(4) of title 23, United States Code, may not be
used on a facility for which tolls are being collected
under the program.
[(9) Program term.--The Secretary shall conduct the
pilot program under this subsection for a term to be
determined by the Secretary, but not less than 10
years.
[(10) Interstate system defined.--In this subsection,
the term ``Interstate System'' has the meaning such
term has under section 101 of title 23, United States
Code.]
* * * * * * *
----------
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991
* * * * * * *
TITLE I--SURFACE TRANSPORTATION
Part A--Title 23 Programs
* * * * * * *
SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.
* * * * * * *
(b) Value Pricing Pilot Program.--(1) The Secretary shall
solicit the participation of State and local governments and
public authorities for one or more value pricing pilot
programs. The Secretary may enter into cooperative agreements
with as many as 15 such State or local governments or public
authorities to establish, maintain, and monitor value pricing
programs.
(2) Notwithstanding section 129 of title 23, United States
Code, the Federal share payable for such programs shall be 80
percent. The Secretary shall fund all preimplementation costs
and project design, and all of the development and other start
up costs of such projects, including salaries and expenses, for
a period of at least 1 year, and thereafter until such time
that sufficient revenues are being generated by the program to
fund its operating costs without Federal participation, except
that the Secretary may not fund the preimplementation or
implementation costs of any project for more than 3 years.
(3) Revenues generated by any pilot project under this
subsection must be applied to projects eligible under such
title.
(4) Notwithstanding sections 129 and 301 of title 23, United
States Code, the Secretary shall allow the use of tolls on the
Interstate System as part of any value pricing pilot program
under this subsection.
(5) The Secretary shall monitor the effect of such programs
for a period of at least 10 years, and shall report to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives every 2 years on the effects such programs are
having on driver behavior, traffic volume, transit ridership,
air quality, and availability of funds for transportation
programs.
(6) HOV passenger requirements.--Notwithstanding
section 102(a) of title 23, United States Code, a State
may permit vehicles with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicles
are part of a value pricing pilot program under this
subsection.
(7) Financial effects on low-income drivers.--Any
value pricing pilot program under this subsection shall
include, if appropriate, an analysis of the potential
effects of the pilot program on low-income drivers and
may include mitigation measures to deal with any
potential adverse financial effects on low-income
drivers.
(8) Funding.--
(A) In general.--There are authorized to be
appropriated to the Secretary from the Highway
Trust Fund (other than the Mass Transit
Account) to carry out this subsection--
(i) for fiscal year 2005,
$11,000,000; and
(ii) for each of fiscal years 2006
through 2009, $12,000,000.
(B) Set-aside for projects not involving
highway tolls.--Of the amounts made available
to carry out this subsection, $3,000,000 for
each of fiscal years 2006 through 2009 shall be
available only for congestion pricing pilot
projects that do not involve highway tolls.
(C) Availability.--Funds allocated by the
Secretary to a State under this subsection
shall remain available for obligation by the
State for a period of 3 years after the last
day of the fiscal year for which the funds are
authorized.
(D) Use of unallocated funds.--If the total
amount of funds made available from the Highway
Trust Fund to carry out this subsection for
fiscal year 1998 and fiscal years thereafter
but not allocated exceeds $8,000,000 as of
September 30 of any year, the excess amount--
(i) shall be apportioned in the
following fiscal year by the Secretary
to all States in accordance with
section 104(b)(3) of title 23, United
States Code;
(ii) shall be considered to be a sum
made available for expenditure on the
surface transportation program, except
that the amount shall not be subject to
section 133(d) of such title; and
(iii) shall be available for any
purpose eligible for funding under
section 133 of such title.
(C) Contract authority.--Funds authorized to
carry out this subsection shall be available
for obligation in the same manner as if the
funds were apportioned under chapter 1 of title
23, United States Code; except that the Federal
share of the cost of any project under this
subsection and the availability of funds
authorized to carry out this subsection shall
be determined in accordance with this
subsection.
(9) Sunset.--The Secretary may not consider an
expression of interest submitted under this section
after the date of enactment of this paragraph.
(d) Continuation of Existing Agreements.--Unless modified
under section 129(a)(6) of such title, as amended by subsection
(a) of this section, agreements entered into under section
119(e) or 129 of such title before the effective date of this
title and in effect on the day before such effective date shall
continue in effect on and after such effective date in
accordance with the provisions of such agreement and such
section 119(e) or 129.
(e) Special Rule for Certain Existing Toll Facility
Agreements.--(1) Notwithstanding sections 119 and 129 of title
23, United States Code, at the request of the non-Federal
parties to a toll facility agreement reached before October 1,
1991, regarding the New York State Thruway or the Fort McHenry
Tunnel under section 105 of the Federal-Aid Highway Act of 1978
or section 129 of title 23, United States Code (as in effect on
the day before the date of the enactment of this Act), the
Secretary shall allow for the continuance of tolls without
repayment of Federal funds. Revenues collected from such tolls,
after the date of such request, in excess of revenues needed
for debt service and the actual costs of operation and
maintenance shall be available for (1) any transportation
project eligible for assistance under title 23, United States
Code, or (2) costs associated with transportation facilities
under the jurisdiction of such non-Federal party, including
debt service and costs related to the construction,
reconstruction, restoration, repair, operation and maintenance
of such facilities.
(2) Upon the request of any State Department of
Transportation that was authorized to enter into a
tolling agreement under section 120(c) of Public Law
100-17 (101 STAT. 159), the Secretary is authorized to
modify the agreement entered into under Public Law 100-
17, as follows. The Secretary shall authorize the use
of excess toll revenues for any other purpose for which
Federal funds may be obligated under title 23, United
States Code, provided the State--
(A) Availability.--certifies annually that
the tolled facility is being adequately
maintained; and
(B) Availability.--agrees to comply with the
audit requirements in section 129(a)(3)(B) of
title 23, United States Code.
(3) For the purposes of paragraph (2), ``excess toll
revenues'' means revenues in excess of amounts
necessary for operation and maintenance; debt service;
reasonable return on investment of any private person
or entity that may be authorized by the State to
operate and maintain the facility; and any cost
necessary for improvement, including reconstruction,
resurfacing, restoration, and rehabilitation.
(f) Voiding of Certain Agreements for I-78 Delaware River
Bridge.--Upon the joint request of the State of Pennsylvania,
the State of New Jersey, and the Delaware River Joint Toll
Bridge Commission, and upon such parties entering into a new
agreement with the Secretary regarding the bridge on Interstate
Route 78 which crosses the Delaware River in the vicinity of
Easton, Pennsylvania, and Phillipsburg, New Jersey, the
Secretary shall void any agreement entered into with such
parties with respect to the bridge before the effective date of
this subsection under section 129(a), 129(d), or 129(e) of
title 23, United States Code. The new agreement referred to in
the preceding sentence shall permit the continuation of tolls
without repayment of Federal funds and shall provide that all
toll revenues received from operation of the bridge will be
used--
(1) first for repayment of the non-Federal cost of
construction of the bridge (including debt service);
(2) second for the costs necessary for the proper
operation and maintenance of the bridge, including
resurfacing, restoration, and rehabilitation; and
(3) to the extent that toll revenues exceed the
amount necessary for paragraphs (1) and (2), such
excess may be used with respect to any other bridge
under the jurisdiction of the Delaware River Joint Toll
Bridge Commission.
* * * * * * *
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
(a) Findings.--The Congress finds that--
(1) the construction of the Interstate Highway System
connected the major population centers of the Nation
and greatly enhanced economic growth in the United
States;
(2) many regions of the Nation are not now adequately
served by the Interstate System or comparable highways
and require further highway development in order to
serve the travel and economic development needs of the
region; and
(3) the development of transportation corridors is
the most efficient and effective way of integrating
regions and improving efficiency and safety of commerce
and travel and further promoting economic development.
(b) Purpose.--It is the purpose of this section to identify
highway corridors and evacuation routes of national
significance; to include those corridors on the National
Highway System; to allow the Secretary, in cooperation with the
States, to prepare long-range plans and feasibility studies for
these corridors; to allow the States to give priority to
funding the construction of these corridors; and to provide
increased funding for segments of these corridors that have
been identified for construction.
(c) Identification of High Priority Corridors on National
Highway System.--The following are high priority corridors on
the National Highway System:
(1) North-South Corridor from Kansas City, Missouri,
to Shreveport, Louisiana.
(2) Avenue of the Saints Corridor from St. Louis,
Missouri, to St. Paul, Minnesota.
(3) East-West Transamerica Corridor commencing on the
Atlantic Coast in the Hampton Roads area going westward
across Virginia to the vicinity of Lynchburg, Virginia,
continuing west to serve Roanoke and then to a West
Virginia corridor centered around Beckley to Welch as
part of the Coalfields Expressway described in section
1069(v), then to Williamson sharing a common corridor
with the I-73/74 Corridor (referred to in item 12 of
the table contained in subsection (f)), then to a
Kentucky Corridor centered on the cities of Pikeville,
Jenkins, Hazard, London, and Somerset; then, generally
following the Louie B. Nunn Parkway corridor from
Somerset to Columbia, to Glasgow, to I-65; then to
Bowling Green, Hopkinsville, Benton, and Paducah, into
Illinois, and into Missouri and exiting western
Missouri and moving westward across southern Kansas.
(4) Hoosier Heartland Industrial Corridor from
Lafayette, Indiana, to Toledo, Ohio.
(5)(A) I-73/74 North-South Corridor from Charleston,
South Carolina, through Winston-Salem, North Carolina,
to Portsmouth, Ohio, to Cincinnati, Ohio, to termini at
Detroit, Michigan and Sault Ste. Marie, Michigan. The
Sault Ste. Marie terminus shall be reached via a
corridor connecting Adrian, Jackson, Lansing, Mount
Pleasant, and Grayling, Michigan.
(B)(i) In the Commonwealth of Virginia, the Corridor
shall generally follow--
(I) United States Route 220 from the
Virginia-North Carolina border to I-581 south
of Roanoke;
(II) I-581 to I-81 in the vicinity of
Roanoke;
(III) I-81 to the proposed highway to
demonstrate intelligent transportation systems
authorized by item 29 of the table in section
1107(b) in the vicinity of Christiansburg to
United States Route 460 in the vicinity of
Blacksburg; and
(IV) United States Route 460 to the West
Virginia State line.
(ii) In the States of West Virginia, Kentucky, and
Ohio, the Corridor shall generally follow--
(I) United States Route 460 from the West
Virginia State line to United States Route 52
at Bluefield, West Virginia; and
(II) United States Route 52 to United States
Route 23 at Portsmouth, Ohio.
(iii) In the States of North Carolina and South
Carolina, the Corridor shall generally follow--
(I) in the case of I-73--
(aa) United States Route 220 from the
Virginia State line to State Route 68
in the vicinity of Greensboro;
(bb) State Route 68 to I-40;
(cc) I-40 to United States Route 220
in Greensboro;
(dd) United States Route 220 to
United States Route 1 near Rockingham;
(ee) United States Route 1 to the
South Carolina State line; and
(ff) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina, including a
connection to Andrews following
the route 41 corridor and to
Camden following the U.S. Route
521 corridor; and
(II) in the case of I-74--
(aa) I-77 from Bluefield, West
Virginia, to the junction of I-77 and
the United States Route 52 connector in
Surry County, North Carolina;
(bb) the I-77/United States Route 52
connector to United States Route 52
south of Mount Airy, North Carolina;
(cc) United States Route 52 to United
States Route 311 in Winston-Salem,
North Carolina;
(dd) United States Route 311 to
United States Route 220 in the vicinity
of Randleman, North Carolina;
(ee) United States Route 220 to
United States Route 74 near Rockingham;
(ff) United States Route 74 to United
States Route 76 near Whiteville;
(gg) United States Route 74/76 to the
South Carolina State line in Brunswick
County; and
(hh) South Carolina State
line to the Myrtle Beach Conway
region to Georgetown, South
Carolina.
(6) United States Route 80 Corridor from Meridian,
Mississippi, to Savannah, Georgia.
(7) East-West Corridor from Memphis, Tennessee,
through Huntsville, Alabama, to Atlanta, Georgia, and
Chattanooga, Tennessee.
(8) Highway 412 East-West Corridor from Tulsa,
Oklahoma, through Arkansas along United States Route
62/63/65 to Nashville, Tennessee.
(9) United States Route 220 and the Appalachian
Thruway Corridor from Business 220 in Bedford,
Pennsylvania, to the vicinity of Corning, New York,
including United States Route 322 between United States
Route 220 and I-80.
(10) Appalachian Regional Corridor X.
(11) Appalachian Regional Corridor V.
(12) United States Route 25E Corridor from Corbin,
Kentucky, to Morristown, Tennessee, via Cumberland Gap,
to include that portion of Route 58 in Virginia which
lies within the Cumberland Gap Historical Park.
(13) Raleigh-Norfolk Corridor from Raleigh, North
Carolina, through Rocky Mount, Williamston, and
Elizabeth City, North Carolina, to Norfolk, Virginia.
(14) Heartland Expressway from Denver, Colorado,
through Scottsbluff, Nebraska, to Rapid City, South
Dakota as follows:
(A) In the State of Colorado, the Heartland
Expressway Corridor shall generally follow--
(i) Interstate 76 from Denver to
Brush; and
(ii) Colorado Highway 71 from Limon
to the border between the States of
Colorado and Nebraska.
(B) In the State of Nebraska, the Heartland
Expressway Corridor shall generally follow--
(i) Nebraska Highway 71 from the
border between the States of Colorado
and Nebraska to Scottsbluff;
(ii) United States Route 26 from
Scottsbluff to the intersection with
State Highway L62A;
(iii) State Highway L62A from the
intersection with United States Route
26 to United States Route 385 north of
Bridgeport;
(iv) United States Route 385 to the
border between the States of Nebraska
and South Dakota; and
(v) United States Highway 26 from
Scottsbluff to the border of the States
of Nebraska and Wyoming.
(C) In the State of Wyoming, the Heartland
Expressway Corridor shall generally follow
United States Highway 26 from the border of the
States of Nebraska and Wyoming to the
termination at Interstate 25 at Interchange
number 94.
(D) In the State of South Dakota, the
Heartland Expressway Corridor shall generally
follow--
(i) United States Route 385 from the
border between the States of Nebraska
and South Dakota to the intersection
with State Highway 79; and
(ii) State Highway 79 from the
intersection with United States Route
385 to Rapid City.
(15) Urban Highway Corridor along M-59 in Michigan.
(16) Economic Lifeline Corridor along I-15 and I-40
in California, Arizona, and Nevada.
(17) Route 29 Corridor from Greensboro, North
Carolina, to the District of Columbia.
(18) Corridor from Sarnia, Ontario, Canada, through
Port Huron, Michigan, southwesterly along Interstate
Route 69 through Indianapolis, Indiana, through
Evansville, Indiana, Memphis, Tennessee, Mississippi,
Arkansas, Shreveport/Bossier, Louisiana, to Houston,
Texas, and to the Lower Rio Grande Valley at the border
between the United States and Mexico, as follows:
(A) In Michigan, the corridor shall be from
Sarnia, Ontario, Canada, southwesterly along
Interstate Route 94 to the Ambassador Bridge
interchange in Detroit, Michigan.
(B) In Michigan and Illinois, the corridor
shall be from Windsor, Ontario, Canada, through
Detroit, Michigan, westerly along Interstate
Route 94 to Chicago, Illinois.
(C) In Tennessee, Mississippi, Arkansas, and
Louisiana, the Corridor shall--
(i) follow the alignment generally
identified in the Corridor 18 Special
Issues Study Final Report; and
(ii) include a connection between the
Corridor east of Wilmar, Arkansas, and
west of Monticello, Arkansas, to Pine
Bluff, Arkansas.
(D) In the Lower Rio Grande Valley, the
Corridor shall--
(i) include United States Route 77
from the Rio Grande River to Interstate
Route 37 at Corpus Christi, Texas, and
then to Victoria, Texas, via U.S. Route
77;
(ii) include United States Route 281
from the Rio Grande River to Interstate
Route 37 and then to Victoria, Texas,
via United States Route 59;
(iii) include the Corpus Christi
Northside Highway and Rail Corridor
from the existing intersection of
United States Route 77 and Interstate
Route 37 to United States Route 181,
including FM511 from United States
Route 77 to the Port of Brownsville;
and
(iv) include Texas State Highway 44
from United States Route 59 at Freer,
Texas, to Texas State Highway 358.
(E) In Kentucky, the corridor shall utilize
the existing Purchase Parkway from the
Tennessee State line to Interstate 24, follow
Interstate Route 24 to the Wendell H. Ford
Western Kentucky Parkway, then utilize the
existing Wendell H. Ford Western Kentucky
Parkway and Edward T. Breathitt (Pennyrile)
Parkway to Henderson.
(19) United States Route 395 Corridor from the United
States-Canadian border to Reno, Nevada.
(20) United States Route 59 Corridor from Laredo,
Texas, through Houston, Texas, to the vicinity of
Texarkana, Texas.
(21) United States Route 219 Corridor from Buffalo,
New York, to the intersection of Interstate Route 80.
(22) The Alameda Transportation Corridor along
Alameda Street from the entrance to the ports of Los
Angeles and Long Beach to Interstate 10, Los Angeles,
California.
(23) The Interstate Route 35 Corridor from Laredo,
Texas, through Oklahoma City, Oklahoma, to Wichita,
Kansas, to Kansas City, Kansas/Missouri, to Des Moines,
Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota,
including I-29 between Kansas City and the Canadian
border and the connection from Wichita, Kansas, to
Sioux City, Iowa, which includes I-135 from Wichita,
Kansas to Salina, Kansas, United States Route 81 from
Salina, Kansas, to Norfolk, Nebraska, Nebraska State
Route 35 from Norfolk, Nebraska, to South Sioux City,
Nebraska, and the connection to I-29 in Sioux City,
Iowa.
(24) The Dalton Highway from Deadhorse, Alaska to
Fairbanks, Alaska.
(25) State Route 168 (South Battlefield Boulevard),
Virginia, from the Great Bridge Bypass to the North
Carolina State line.
(26) The CANAMEX Corridor from Nogales, Arizona,
through Las Vegas, Nevada, to Salt Lake City, Utah, to
Idaho Falls, Idaho, to Montana, to the Canadian Border
as follows:
(A) In the State of Arizona, the CANAMEX
Corridor shall generally follow--
(i) I-19 from Nogales to Tucson;
(ii) I-10 from Tucson to Phoenix; and
(iii) United States Route 93 in the
vicinity of Phoenix to the Nevada
Border.
(B) In the State of Nevada, the CANAMEX
Corridor shall follow--
(i) United States Route 93 from the
Arizona Border to Las Vegas; and
(ii) I-15 from Las Vegas to the Utah
Border.
(C) From the Utah Border through Montana to
the Canadian Border, the CANAMEX Corridor shall
follow I-15.
(27) The Camino Real Corridor from El Paso, Texas, to
Denver, Colorado, as follows:
(A) In the State of Texas, the Camino Real
Corridor shall generally follow--
(i) arterials from the international
ports of entry to I-10 in El Paso
County; and
(ii) I-10 from El Paso County to the
New Mexico border.
(B) In the State of New Mexico, the Camino
Real Corridor shall generally follow--
(i) I-10 from the Texas Border to Las
Cruces; and
(ii) I-25 from Las Cruces to the
Colorado Border.
(C) In the State of Colorado, the Camino Real
Corridor shall generally follow I-25 from the
New Mexico border to Denver continuing to the
Wyoming border.
(D) In the State of Wyoming, the Camino Real
Corridor shall generally follow--
(i) I-25 north to join with I-90 at
Buffalo; and
(ii) I-90 to the Montana border.
(E) In the State of Montana, the Camino Real
Corridor shall generally follow--
(i) I-90 to Billings; and
(ii) Montana Route 3, United States
Route 12, United States Route 191,
United States Route 87, to I-15 at
Great Falls; and
(iii) I-15 from Great Falls to the
Canadian border.
(28) The Birmingham Northern Beltline beginning at I-
59 in the vicinity of Trussville, Alabama, and
traversing westwardly intersecting with United States
Route 75, United States Route 79, and United States
Route 31; continuing southwestwardly intersecting
United States Route 78 and terminating at I-59 with the
I-459 interchange.
(29) The Coalfields Expressway beginning at Beckley,
West Virginia, to Pound, Virginia, generally following
the corridor defined as State Routes 54, 97, 10, 16,
and 83.
(30) Interstate Route 5 in the States of California,
Oregon, and Washington, including California State
Route 905 between Interstate Route 5 and the Otay Mesa
Port of Entry.
(31) The Mon-Fayette Expressway and Southern Beltway
in Pennsylvania and West Virginia.
(32) The Wisconsin Development Corridor from the
Iowa, Illinois, and Wisconsin border near Dubuque,
Iowa, to the Upper Mississippi River Basin near Eau
Claire, Wisconsin, as follows:
(A) United States Route 151 from the Iowa
border to Fond du Lac via Madison, Wisconsin,
then United States Route 41 from Fond du Lac to
Marinette via Oshkosh, Appleton, and Green Bay,
Wisconsin.
(B) State Route 29 from Green Bay to I-94 via
Wausau, Chippewa Falls, and Eau Claire,
Wisconsin.
(C) United States Route 10 from Appleton to
Marshfield, Wisconsin.
(33) The Capital Gateway Corridor following United
States Route 50 from the proposed intermodal
transportation center connected to and including the I-
395 corridor in Washington, D.C., to the intersection
of United States Route 50 with Kenilworth Avenue and
the Baltimore-Washington Parkway in Maryland.
(34) The Alameda Corridor-East and Southwest Passage,
California. The Alameda Corridor-East is generally
described as the corridor from East Los Angeles
(terminus of Alameda Corridor) through Los Angeles,
Orange, San Bernardino, and Riverside Counties, to
termini at Barstow in San Bernardino County and
Coachella in Riverside County. The Southwest Passage
shall follow I-10 from San Bernardino to the Arizona
State line.
(35) Everett-Tacoma FAST Corridor.
(36) New York and Pennsylvania State Route 17 from
Harriman, New York, to its intersection with I-90 in
Pennsylvania.
(37) United States Route 90 from I-49 in Lafayette,
Louisiana, to I-10 in New Orleans.
(38)(A) The Ports-to-Plains Corridor from Laredo,
Texas, via I-27 to Denver, Colorado, shall include:
(i) In the State of Texas the Ports-to-Plains
Corridor shall generally follow--
(I) I-35 from Laredo to United States
Route 83 at Exit 18;
(II) United States Route 83 from Exit
18 to Carrizo Springs;
(III) United States Route 277 from
Carrizo Springs to San Angelo;
(IV) United States Route 87 from San
Angelo to Sterling City;
(V) From Sterling City to Lamesa, the
Corridor shall follow United States
Route 87 and, the Corridor shall also
follow Texas Route 158 from Sterling
City to I-20, then via I-20 West to
Texas Route 349 and, Texas Route 349
from Midland to Lamesa;
(VI) United States Route 87 from
Lamesa to Lubbock;
(VII) I-27 from Lubbock to Amarillo;
(VIII) United States Route 287 from
Amarillo to Dumas; and
(IX) United States Route 287 from
Dumas to the border between the States
of Texas and Oklahoma, and also United
States Route 87 from Dumas to the
border between the States of Texas and
New Mexico.
(ii) In the State of Oklahoma, the Ports-to-
Plains Corridor shall generally follow United
States Route 287 from the border between the
States of Texas and Oklahoma to the border
between the States of Oklahoma and Colorado.
(iii) In the State of Colorado, the Ports-to-
Plains Corridor shall generally follow--
(I) United States Route 287 from the
border between the States of Oklahoma
and Colorado to Limon; and
(II) Interstate Route 70 from Limon
to Denver.
(iv) In the State of New Mexico, the Ports-
to-Plains Corridor shall generally follow
United States Route 87 from the border between
the States of Texas and New Mexico to Raton.
(B) The corridor designation contained in subclauses
(I) through (VIII) of subparagraph (A)(i) shall take
effect only if the Texas Transportation Commission has
not designated the Ports-to-Plains Corridor in Texas by
June 30, 2001.
(39) United States Route 63 from Marked Tree,
Arkansas, to I-55.
(40) The Greensboro Corridor from Danville, Virginia,
to Greensboro, North Carolina, along United States
Route 29.
(41) The Falls-to-Falls Corridor--United States Route
53 from International Falls on the Minnesota/Canada
border to Chippewa Falls, Wisconsin.
(42) The portion of Corridor V of the Appalachian
development highway system from Interstate Route 55
near Batesville, Mississippi, to the intersection with
Corridor X of the Appalachian development highway
system near Fulton, Mississippi.
(43) The United States Route 95 Corridor from the
Canadian border at Eastport, Idaho, to the Oregon State
border.
(44) The Louisiana Highway 1 corridor from Grand
Isle, Louisiana, along Louisiana Highway 1, to the
intersection with United States Route 90.
(45) The United States Route 78 Corridor from
Memphis, Tennessee, to Corridor X of the Appalachian
development highway system near Fulton, Mississippi,
and Corridor X of the Appalachian development highway
system extending from near Fulton, Mississippi, to near
Birmingham, Alabama.
(46) Interstate Route 710 between the terminus at
Long Beach, California, to California State Route 60.
(47) Interstate Route 87 from the Quebec border to
New York City.
(48) The Route 50 High Plains Corridor along the
United States Route 50 corridor from Newton, Kansas, to
Pueblo, Colorado.
(49) The Atlantic Commerce Corridor on Interstate
Route 95 from Jacksonville, Florida, to Miami, Florida.
(50) The East-West Corridor commencing in Watertown,
New York, continuing northeast through New York,
Vermont, New Hampshire, and Maine, and terminating in
Calais, Maine.
(51) The SPIRIT Corridor on United States Route 54
from El Paso, Texas, through New Mexico, Texas, and
Oklahoma to Wichita, Kansas.
(52) The route in Arkansas running south of and
parallel to Arkansas State Highway 226 from the
relocation of United States Route 67 to the vicinity of
United States Route 49 and United States Route 63.
(53) United States Highway Route 6 from Interstate
Route 70 to Interstate Route 15, Utah.
(54) The California Farm-to-Market Corridor,
California State Route 99 from south of Bakersfield to
Sacramento, California.
(55) In Texas, Interstate Route 20 from Interstate
Route 35E in Dallas County, east to the intersection of
Interstate Route 635, north to the intersection of
Interstate Route 30, northeast through Texarkana to
Little Rock, Arkansas, Interstate Route 40 northeast
from Little Rock east to the proposed Interstate Route
69 corridor.
(56) In the State of Texas, the La Entrada al
Pacifico Corridor consisting of the following highways
and any portion of a highway in a corridor on 2 miles
of either side of the center line of the highway:
(A) State Route 349 from Lamesa to the point
on that highway that is closest to 32 degrees,
7 minutes, north latitude, by 102 degrees, 6
minutes, west longitude.
(B) The segment or any roadway extending from
the point described by subparagraph (A) to the
point on Farm-to-Market Road 1788 closest to 32
degrees, 0 minutes, north latitude, by 102
degrees, 16 minutes, west longitude.
(C) Farm-to-Market Road 1788 from the point
described by subparagraph (B) to its
intersection with Interstate Route 20.
(D) Interstate Route 20 from its intersection
with Farm-to-Market Road 1788 to its
intersection with United States Route 385.
(E) United States Route 385 from Odessa to
Fort Stockton, including those portions that
parallel United States Route 67 and Interstate
Route 10.
(F) United States Route 67 from Fort Stockton
to Presidio, including those portions that
parallel Interstate Route 10 and United States
Route 90.
(57) United States Route 41 corridor between
Interstate Route 94 via Interstate Route 894 and
Highway 45 near Milwaukee and Interstate Route 43 near
Green Bay in the State of Wisconsin.
(58) The Theodore Roosevelt Expressway from Rapid
City, South Dakota, north on United States Route 85 to
Williston, North Dakota, west on United States Route 2
to Culbertson, Montana, and north on Montana Highway 16
to the international border with Canada at the port of
Raymond, Montana.
(59) The Central North American Trade Corridor from
the border between North Dakota and South Dakota, north
on United States Route 83 through Bismark and Minot,
North Dakota, to the international border with Canada.
(60) The Providence Beltline Corridor beginning at
Interstate Route 95 in the vicinity of Hope Valley,
Rhode Island, traversing eastwardly intersecting and
merging into Interstate Route 295, continuing
northeastwardly along Interstate Route 95, and
terminating at the Massachusetts border, and including
the western bypass of Providence, Rhode Island, from
Interstate Route 295 to the Massachusetts border.
(61) In the State of Missouri, the corridors
consisting of the following highways:
(A) Interstate Route 70, from Interstate
Route 29/35 to United States Route 61/Avenue of
the Saints.
(B) Interstate Route 72/United States Route
36, from the intersection with Interstate Route
29 to United States Route 61/Avenue of the
Saints.
(C) United States Route 67, from Interstate
Route 55 to the Arkansas State line.
(D) United States Route 65, from United
States Route 36/Interstate Route 72 to the
East-West TransAmerica corridor, at the
Arkansas State line.
(E) United States Route 63, from United
States Route 36 and the proposed Interstate
Route 72 to the East-West TransAmerica
corridor, at the Arkansas State line.
(F) United States Route 54, from the Kansas
State line to United States Route 61/Avenue of
the Saints.
(62) The Georgia Developmental Highway System
Corridors identified in section 32-4-22 of the Official
Code of Georgia, Annotated.
(63) The Liberty Corridor, a corridor in an area
encompassing very critical and significant
transportation infrastructure providing regional,
national, and international access through the State of
New Jersey, including Interstate Routes 95, 80, 287,
and 78, United States Routes 1, 9, and 46, and State
Routes 3 and 17, and portways and connecting
infrastructure.
(64) The corridor in an area of passage in the State
of New Jersey serving significant interstate and
regional traffic, located near the cities of Camden,
New Jersey, and Philadelphia, Pennsylvania, and
including Interstate Route 295, State Route 42, United
States Route 130, and Interstate Routes 76 and 676.
(65) The Interstate Route 95 Corridor beginning at
the New York State line and continuing through
Connecticut to the Rhode Island State line.
(66) The Interstate Route 91 Corridor from New Haven,
Connecticut, to the Massachusetts State line.
(67) The Fairbanks-Yukon International Corridor
consisting of the portion of the Alaska Highway from
the international border with Canada to the Richardson
Highway, and the Richardson Highway from its junction
with the Alaska Highway to Fairbanks, Alaska.
(68) The Washoe County Corridor and the Intermountain
West Corridor, which shall generally follow--
(A) for the Washoe County Corridor, along
Interstate Route 580/United States Route 95/
United States Route 95A from Reno, Nevada, to
Las Vegas, Nevada; and
(B) for the Intermountain West Corridor, from
the vicinity of Las Vegas, Nevada, north along
United States Route 95 terminating at
Interstate Route 80.
(69) The Cross Valley Connector connecting Interstate
Route 5 and State Route 14, Santa Clarita Valley,
California.
(70) The Economic Lifeline corridor, along Interstate
Route 15 and Interstate Route 40, California, Arizona,
and Nevada, including Interstate Route 215 South from
near San Bernadino, California, to Riverside,
California, and State Route 91 from Riverside,
California, to the intersection with Interstate Route
15 near Corona, California.
(71) The High Desert Corridor/E-220 from Los Angeles,
California, to Las Vegas, Nevada, via Palmdale and
Victorville, California.
(72) The North-South corridor, along Interstate Route
49 North, from Kansas City, Missouri, to Shreveport,
Louisiana.
(73) The Louisiana Highway corridor, along Louisiana
Highway 1, from Grand Isle, Louisiana, to the
intersection with United States Route 90.
(74) The portion of United States Route 90 from
Interstate Route 49 in Lafayette, Louisiana, to
Interstate Route 10 in New Orleans, Louisiana.
(75) The Louisiana 28 corridor from Fort Polk to
Alexandria, Louisiana.
(76) The portion of Interstate Route 75 from Toledo,
Ohio, to Cincinnati, Ohio.
(77) The portion of United States Route 24 from the
Indiana/Ohio State line to Toledo, Ohio.
(78) The portion of Interstate Route 71 from
Cincinnati, Ohio, to Cleveland, Ohio.
(79) Interstate Route 376 from the Pittsburgh
Interchange (I/C No. 56) of the Pennsylvania Turnpike,
westward on Interstate Route 279, United States Route
22, United States Route 30, and Pennsylvania Route 60,
continuing past the Pittsburgh International Airport on
Turnpike Route 60, to the Pennsylvania Turnpike
(Interstate Route 76), Interchange 10, and continuing
north on Pennsylvania Turnpike Route 60 to Interstate
Route 80.
(80) The Intercounty Connector, a new east-west
multimodal highway between Interstate Route 270 and
Interstate Route 95/United States Route 1 in Montgomery
and Prince George's Counties, Maryland.
(81) United States Route 117/Interstate Route 795
from United States Route 70 in Goldsboro, Wayne County,
North Carolina, to Interstate Route 40 west of Faison,
Sampson County, North Carolina.
(82) United States Route 70 from its intersection
with Interstate Route 40 in Garner, Wake County, North
Carolina, to the Port at Morehead City, Carteret
County, North Carolina.
(83) The Sonoran Corridor along State Route 410
connecting Interstate Route 19 and Interstate Route 10
south of the Tucson International Airport.
[(84) The Central Texas Corridor commencing at the
logical terminus of Interstate Route 10, generally
following portions of United States Route 190 eastward,
passing in the vicinity Fort Hood, Killeen, Belton,
Temple, Bryan, College Station, Huntsville, Livingston,
and Woodville, to the logical terminus of Texas Highway
63 at the Sabine River Bridge at Burrs Crossing.]
(84) The Central Texas Corridor, including the
route--
(A) commencing in the vicinity of Texas
Highway 338 in Odessa, Texas, running eastward
generally following Interstate Route 20,
connecting to Texas Highway 158 in the vicinity
of Midland, Texas, then following Texas Highway
158 eastward to United States Route 87 and then
following United States Route 87 southeastward,
passing in the vicinity of San Angelo, Texas,
and connecting to United States Route 190 in
the vicinity of Brady, Texas;
(B) commencing at the intersection of
Interstate Route 10 and United States Route 190
in Pecos County, Texas, and following United
States Route 190 to Brady, Texas;
(C) following portions of United States Route
190 eastward, passing in the vicinity of Fort
Hood, Killeen, Belton, Temple, Bryan, College
Station, Huntsville, Livingston, Woodville, and
Jasper, to the logical terminus of Texas
Highway 63 at the Sabine River Bridge at Burrs
Crossing and including a loop generally
encircling Bryan/College Station, Texas;
(D) following United States Route 83
southward from the vicinity of Eden, Texas, to
a logical connection to Interstate Route 10 at
Junction, Texas;
(E) following United States Route 69 from
Interstate Route 10 in Beaumont, Texas, north
to United States Route 190 in the vicinity of
Woodville, Texas;
(F) following United States Route 96 from
Interstate Route 10 in Beaumont, Texas, north
to United States Route 190 in the vicinity of
Jasper, Texas; and
(G) following United States Route 190, State
Highway 305, and United States Route 385 from
Interstate Route 10 in Pecos County, Texas to
Interstate 20 at Odessa, Texas.
(85) Interstate Route 81 in New York from its
intersection with Interstate Route 86 to the United
States-Canadian border.
(86) Interstate Route 70 from Denver, Colorado, to
Salt Lake City, Utah.
(87) The Oregon 99W Newberg-Dundee Bypass Route
between Newberg, Oregon, and Dayton, Oregon.
(88) Interstate Route 205 in Oregon from its
intersection with Interstate Route 5 to the Columbia
River.
(89) I-57 Corridor Extension as follows: In Arkansas,
the corridor shall follow United States Route 67 in
North Little Rock, Arkansas, from I-40 to United States
Route 412, then continuing generally northeast to the
State line, and in Missouri, the corridor shall
continue generally north from the Arkansas State line
to Poplar Bluff, Missouri, and then follow United
States Route 60 to I-57.
(90) The Edward T. Breathitt Parkway from Interstate
24 to Interstate 69.
(91) The Wendell H. Ford (Western Kentucky) Parkway
from the interchange with the William H. Natcher
Parkway in Ohio County, Kentucky, west to the
interchange of the Western Kentucky Parkway with the
Edward T. Breathitt (Pennyrile) Parkway.
(91) The Central Louisiana Corridor commencing at the
logical terminus of Louisiana Highway 8 at the Sabine
River Bridge at Burrs Crossing and generally following
portions of Louisiana Highway 8 to Leesville,
Louisiana, and then eastward on Louisiana Highway 28,
passing in the vicinity of Alexandria, Pineville,
Walters, and Archie, to the logical terminus of United
States Route 84 at the Mississippi River Bridge at
Vidalia, Louisiana.
(92) The Central Mississippi Corridor, including the
route--
(A) commencing at the logical terminus of
United States Route 84 at the Mississippi River
and then generally following portions of United
States Route 84 passing in the vicinity of
Natchez, Brookhaven, Monticello, Prentiss, and
Collins, to Interstate 59 in the vicinity of
Laurel, Mississippi, and continuing on
Interstate Route 59 north to Interstate Route
20 and on Interstate Route 20 to the
Mississippi-Alabama State Border; and
(B) commencing in the vicinity of Laurel,
Mississippi, running south on Interstate Route
59 to United States Route 98 in the vicinity of
Hattiesburg, connecting to United States Route
49 south then following United States Route 49
south to Interstate Route 10 in the vicinity of
Gulfport and following Mississippi Route 601
southerly terminating near the Mississippi
State Port at Gulfport.
(93) The Middle Alabama Corridor including the
route--
(A) beginning at the Alabama-Mississippi
Border generally following portions of I-20
until following a new interstate extension
paralleling United States Highway 80
specifically:
(B) crossing Alabama Route 28 near Coatopa,
Alabama, traveling eastward crossing United
States Highway 43 and Alabama Route 69 near
Selma, Alabama, traveling eastwards closely
paralleling United States Highway 80 to the
south crossing over Alabama Routes 22, 41, and
21, until its intersection with I-65 near Hope
Hull, Alabama;
(C) continuing east along the proposed
Montgomery Outer Loop south of Montgomery,
Alabama where it would next join with I-85 east
of Montgomery, Alabama;
(D) continuing along I-85 east bound until
its intersection with United States Highway 280
near Opelika, Alabama or United States Highway
80 near Tuskegee, Alabama; and
(E) generally following the most expedient
route until intersecting with existing United
States Highway 80 (JR Allen Parkway) through
Phenix City until continuing into Columbus,
Georgia.
(94) The Middle Georgia Corridor including the
route--
(A) beginning at the Alabama-Georgia Border
generally following the Fall Line Freeway from
Columbus Georgia to Augusta, Georgia
specifically:
(B) travelling along United States Route 80
(JR Allen Parkway) through Columbus, Georgia
and near Fort Benning, Georgia, east to Talbot
County, Georgia where it would follow Georgia
Route 96, then commencing on Georgia Route 49C
(Fort Valley Bypass) to Georgia Route 49 (Peach
Parkway) to its intersection with Interstate
route 75 in Byron, Georgia;
(C) continuing north along Interstate Route
75 through Warner Robins and Macon, Georgia
where it would meet Interstate Route 16.
Following Interstate 16 east it would next join
United States Route 80 and then onto State
Route 57; and
(D) commencing with State Route 57 which
turns into State Route 24 near Milledgeville,
Georgia would then bypass Wrens, Georgia with a
newly constructed bypass. After the bypass it
would join United States Route 1 near Fort
Gordon into Augusta, Georgia where it will
terminate at Interstate Route 520.
(95) The Louisiana Capital Region High Priority
Corridor, which shall generally follow--
(A) Interstate 10, between its intersections
with Interstate 12 and Louisiana Highway 415;
(B) Louisiana Highway 415, between its
intersections with Interstate 10 and United
States route 190;
(C) United States route 190, between its
intersections with Louisiana Highway 415 and
intersection with Interstate 110;
(D) Interstate 110, between its intersections
with United States route 190 and Interstate 10;
(E) Louisiana Highway 30, near St. Gabriel,
LA and its intersections with Interstate 10;
(F) Louisiana Highway 1, near White Castle,
LA and its intersection with Interstate 10; and
(G) A bridge connecting Louisiana Highway 1
with Louisiana Highway 30, south of the
Interstate described in subparagraph (A).
(d) Inclusion on NHS.--The Secretary shall include all
corridors identified in subsection (c) on the proposed National
Highway System submitted to Congress under section 103(b)(3) of
title 23, United States Code.
(e) Provisions Applicable to Corridors.--
(1) Long-range plan.--The Secretary, in cooperation
with the affected State or States, may prepare a long-
range plan for the upgrading of each corridor to the
appropriate standard for highways on the National
Highway System. Each such plan may include a plan for
developing the corridor and a plan for financing the
development.
(2) Feasibility studies.--The Secretary, in
cooperation with the affected State or States, may
prepare feasibility and design studies, as necessary,
for those corridors for which such studies have not
been prepared. A feasibility study may be conducted
under this subsection with respect to the corridor
described in subsection (c)(2), relating to Avenue of
the Saints, to determine the feasibility of an adjunct
to the Avenue of the Saints serving the southern St.
Louis metropolitan area and connecting with I-55 in the
vicinity of Route A in Jefferson County, Missouri. A
study may be conducted under this subsection to
determine the feasibility of constructing a more direct
limited access highway between Peoria and Chicago,
Illinois. A feasibility study may be conducted under
this paragraph to identify routes that will expedite
future emergency evacuations of coastal areas of
Louisiana.
(3) Certification acceptance.--The Secretary may
discharge any of his responsibilities under title 23,
United States Code, relative to projects on a corridor
identified under subsection (c), upon the request of a
State, by accepting a certification by the State in
accordance with section 117 of such title.
(4) Acceleration of projects.--To the maximum extent
feasible, the Secretary may use procedures for
acceleration of projects in carrying out projects on
corridors identified in subsection (c).
(5) Inclusion of certain route segments on interstate
system.--
(A) In general.--The portions of the routes
referred to in subsection (c)(1), subsection
(c)(3) (relating solely to the Kentucky
Corridor), clauses (i), (ii), and (except with
respect to Georgetown County) (iii) of
subsection (c)(5)(B), subsection (c)(9),
subsection (c)(13), subsection (c)(18),
subsection (c)(20), subparagraphs (A) and
(B)(i) of subsection (c)(26), subsection
(c)(36), subsection (c)(37), subclauses (I)
through (IX) of subsection (c)(38)(A)(i),
subsection (c)(38)(A)(iv), subsection (c)(40),
subsection (c)(42), subsection (c)(45),
subsection (c)(54), subsection (c)(57),
subsection (c)(68)(B), subsection (c)(81),
subsection (c)(82), subsection (c)(83),
subsection (c)(84), subsection (c)(89),
subsection (c)(90), [and subsection (c)(91)]
subsection (c)(91), subsection (c)(92),
subsection (c)(93), subsection (c)(94),
subsection (c)(95), and subsection (c)(96) that
are not a part of the Interstate System are
designated as future parts of the Interstate
System. Any segment of such routes shall become
a part of the Interstate System at such time as
the Secretary determines that the segment meets
the Interstate System design standards approved
by the Secretary under section 109(b) of title
23, United States Code, and is planned to
connect to an existing Interstate System
segment by the date that is 25 years after the
date of enactment of the MAP-21.
(B) Interstate route 376.--
(i) Designation of interstate route
376.--
(I) In general.--The routes
referred to in subsection
(c)(79), except the portion of
Pennsylvania Turnpike Route 60
between Pennsylvania Turnpike
Interchange 10 and Interstate
Route 80, shall be designated
as Interstate Route 376.
(II) Signs.--The State of
Pennsylvania shall have
jurisdiction over the highways
described in subclause (I)
(except Pennsylvania Turnpike
Route 60) and erect signs in
accordance with Interstate
signing criteria that identify
the routes described in
subclause (I) as Interstate
Route 376.
(III) Assistance from
secretary.--The Secretary shall
assist the State of
Pennsylvania in carrying out,
not later than December 31,
2008, an activity under
subclause (II) relating to
Interstate Route 376 and in
complying with sections 109 and
139 of title 23, United States
Code.
(ii) Other segments.--The segment of
the route referred to in subsection
(c)(79) located between the
Pennsylvania Turnpike, Interchange 10,
and Interstate Route 80 may be signed
as Interstate Route 376 under clause
(i)(II) if that segment meets the
criteria under sections 109 and 139 of
title 23, United States Code.
(C) Routes.--
(i) Designation.--The portion of the
route referred to in subsection (c)(9)
is designated as Interstate Route I-99.
The routes referred to in subsections
(c)(18) and (c)(20) shall be designated
as Interstate Route I-69. A State
having jurisdiction over any segment of
routes referred to in subsections
(c)(18) and (c)(20) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route I-69,
including segments of United States
Route 59 in the State of Texas. The
segment identified in subsection
(c)(18)(D)(i) shall be designated as
Interstate Route I-69 East, and the
segment identified in subsection
(c)(18)(D)(ii) shall be designated as
Interstate Route I-69 Central. The
State of Texas shall erect signs
identifying such routes as segments of
future Interstate Route I-69. The
portion of the route referred to in
subsection (c)(36) is designated as
Interstate Route I-86. The Louie B.
Nunn Parkway corridor referred to in
subsection (c)(3) shall be designated
as Interstate Route 66. A State having
jurisdiction over any segment of routes
and/or corridors referred to in
subsections (c)(3) shall erect signs
identifying such segment that is
consistent with the criteria set forth
in subsections (e)(5)(A)(i) and
(e)(5)(A)(ii) as Interstate Route 66.
Notwithstanding the provisions of
subsections (e)(5)(A)(i) and
(e)(5)(A)(ii), or any other provisions
of this Act, the Commonwealth of
Kentucky shall erect signs, as approved
by the Secretary, identifying the
routes and/or corridors described in
subsection (c)(3) for the Commonwealth,
as segments of future Interstate Route
66. The Purchase Parkway corridor
referred to in subsection (c)(18)(E)
shall be designated as Interstate Route
69. A State having jurisdiction over
any segment of routes and/or corridors
referred to in subsections (c)(18)
shall erect signs identifying such
segment that is consistent with the
criteria set forth in subsections
(e)(5)(A)(i) and (e)(5)(A)(ii) as
Interstate Route 69. Notwithstanding
the provisions of subsections
(e)(5)(A)(i) and (e)(5)(A)(ii), or any
other provisions of this Act, the
Commonwealth of Kentucky shall erect
signs, as approved by the Secretary,
identifying the routes and/or corridors
described in subsection (c)(18) for the
Commonwealth, as segments of future
Interstate Route 69. The route referred
to in subsection (c)(45) is designated
as Interstate Route I-22. The routes
referred to in subparagraphs (A) and
(B)(i) of subsection (c)(26) and in
subsection (c)(68)(B) are designated as
Interstate Route I-11. [The route
referred to in subsection (c)(84) is
designated as Interstate Route I-14.]
The route referred to in subsection
(c)(84)(A) is designated as Interstate
Route I-14 North. The route referred to
in subsection (c)(84)(B) is designated
as Interstate Route I-14 South. The
Bryan/College Station, Texas loop
referred to in subsection (c)(84) is
designated as Interstate Route I-214.
The routes referred to in subparagraphs
(C), (D), (E), (F), and (G) of
subsection (c)(84) and in subsections
(c)(91), (c)(92), (c)(93), and (c)(94)
are designated as Interstate Route I-
14. The route referred to in subsection
(c)(89) is designated as Interstate
Route I-57. The route referred to in
subsection (c)(90) is designated as
Interstate Route I-169. The route
referred to in subsection (c)(91) is
designated as Interstate Route I-569.
(ii) Rulemaking to determine future
interstate sign erection criteria.--The
Secretary shall conduct a rulemaking to
determine the appropriate criteria for
the erection of signs for future routes
on the Interstate System identified in
subparagraph (A). Such rulemaking shall
be undertaken in consultation with
States and local officials and shall be
completed not later than December 31,
1998.
(D) Treatment of segments.--Subject to
subparagraph (C), segments designated as part
of the Interstate System by this paragraph and
the mileage of such segments shall be treated
in the manner described in the last 2 sentences
of section 139(a) of title 23, United States
Code.
(E) Use of funds.--
(i) General rule.--Funds apportioned
under section 104(b)(5)(A) of title 23,
United States Code, may be used on a
project to construct a portion of a
route referred to in this paragraph to
standards set forth in section 109(b)
of such title if the State determines
that the project for which the funds
were originally apportioned is
unreasonably delayed or no longer
viable.
(ii) Limitation.--If funds
apportioned under section 104(b)(5)(A)
of title 23, United States Code, for
completing a segment of the Interstate
System are used on a project pursuant
to this subparagraph, no interstate
construction funds may be made
available, after the date of the
enactment of this paragraph, for
construction of such segment.
(f) High Priority Segments.--Highway segments of the
corridors referred to in subsection (c) which are described in
this subsection are high priority segments eligible for
assistance under this section. Subject to subsection (g)(2),
there is authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) for fiscal years
1992 through 1997 to carry out a project on each such segment
the amount listed for each such segment:
----------------------------------------------------------------------------------------------------------------
AMOUNT in
CITY/STATE HIGH PRIORITY CORRIDORS millions
----------------------------------------------------------------------------------------------------------------
1. Pennsylvania................ For the segment described in item 6 of this table and up 50.7
to $11,000,000 for upgrading U.S. 220 High Priority and
the Appalachian Thruway Corridor between State College
and I-80................................................
2. Alabama, Georgia, Upgrading of the East-West Corridor along Rt. 72 and up 25.4
Mississippi, Tennessee..... to $1,500,000 from the State of Alabama's share of the
project for modification of the Keller Memorial Bridge
in Decatur, Alabama, to a pedestrian structure..........
3. Missouri................... Improvement of North-South Corridor along Highway 71, 3.6
Southwestern, MO........................................
4. Arkansas................... For construction of Highway 412 from Siloam Springs to 34.0
Springdale, Arkansas as part of Highway 412 East-West
Corridor................................................
5. Arkansas................... For construction of Highway 412 from Harrison to 56.0
Springdale, Arkansas as part of the Highway 412 East-
West Corridor...........................................
6. Pennsylvania............... To improve U.S. 220 to a 4-lane limited access highway 148.0
from Bald Eagle northward to the intersection of U.S.
220 and U.S. 322........................................
7. S. Dakota/Nebraska......... Conduct a feasibility study of expressway from Rapid 0.64
City, S. Dakota to Scotts Bluff, Nebraska...............
8. Alabama.................... Construction of Appalachian Highway Corridor X from 59.2
Corridor V near Fulton, Mississippi to U.S. 31 at
Birmingham, Alabama as part of Appalachian Highway X
Corridor Project........................................
9. Alabama.................... For construction of a portion of Appalachian Development 25.4
Corridor V from Mississippi State Line near Red Bay,
Alabama to the Tennessee State Line north of Bridgeport,
Alabama.................................................
10. West Virginia.............. Construction of Shawnee Project from 3-Corner Junction to 4.5
I-77 as part of I-73/74 Corridor project................
11. West Virginia.............. Widening U.S. Rt. 52 from Huntington to Williamson, W. 100.0
Virginia as part of the I-73/74 Corridor project........
12. West Virginia.............. Replacement of U.S. Rt. 52 from Williamson, W. Virginia 14.0
to I-77 as part of the I-73/74 Corridor project.........
13. North Carolina/Virginia.... For Upgrading I-64 and Route 17 Virginia and constructing 17.8
a new highway from Rocky Mount to Elizabeth City, North
Carolina as part of the Raleigh-Norfolk High Priority
Corridor Improvements...................................
14. Arkansas................... Construction of Highway 71 between Fayetteville and Alma, 100.0
Arkansas as part of the North-South High Priority
Corridor................................................
15. Arkansas/Texas............. For construction of Highway 71 from Alma, Arkansas to 70.0
Louisiana border........................................
16. Michigan................... To widen a 60 mile portion of highway M-59 from MacComb 29.6
County to I-96 in Howell County, Michigan...............
17. South Dakota, Colorado, To improve the Heartland Expressway from Rapid City, 29.6
Nebraska................... South Dakota to Scotts Bluff, Nebraska..................
18. Indiana.................... To construct a 4-lane highway from Lafayette to Ft. 9.5
Wayne, Indiana, following existing Indiana 25 and U.S.
24......................................................
19. Ohio/Indiana............... Conduct feasibility and economic study to widen Rt. 24 0.32
from Ft. Wayne, Indiana to Toledo, Ohio as part of the
Lafayette to Toledo Corridor............................
20. California, Nevada, Arizona For improvements on I-15 and I-40 in California, Nevada 59.2
and Arizona ($10,500,000 of which shall be expended on
the Nevada portion of the corridor, including the I-15/
U.S. 95 interchange)....................................
21. Louisiana.................. To improve the North-South Corridor from Louisiana border 29.6
to Shreveport, Louisiana, and up to $6,000,000 for
surface transportation projects in Louisiana, including
$4,500,000 for the I-10 and I-610 project in Jefferson
Parish, Louisiana, in the corridor between the St.
Charles Parish line and Tulane Avenue, $500,000 for
noise analysis and safety abatement measures or barriers
along the Lakeview section of I-610 in New Orleans, and
$1,000,000 for 3 highway studies (including $250,000 for
a study to widen United States Route 84/Louisiana Route
6 traversing north Louisiana, $250,000 for a study to
widen Louisiana Route 42 from United States Route 61 to
Louisiana Route 44 and extend to I-10 in East Ascension
Parish, and $500,000 for a study to connect I-20 on both
sides of the Ouachita River)............................
22. Missouri, Iowa, Minnesota.. For improvements for Avenue of the Saints from St. Paul, 118.0
Minnesota to St. Louis, Missouri........................
24. Various States............. I-66 Transamerica Highway Feasibility study.............. 1.0
25. Kentucky, Tennessee, To improve Cumberland Gap Tunnel and for various 72.4
Virginia................... associated improvements as part of U.S. 25E Corridor,
except that the allocation percentages under section
1105(g)(2) of this section shall not apply to this
project after fiscal year 1992..........................
26. Indiana, Kentucky, To improve the Bloomington, Indiana, to Evansville, 23.7
Tennessee.................. Indiana, segment of the Indianapolis, Indiana, to
Memphis, Tennessee, high priority corridor..............
27. Washington................. For improvements on the Washington State portion of the 54.5
U.S. 395 corridor from the U.S.-Canadian border to Reno,
Nevada..................................................
28. Virginia................... Construction of a bypass of Danville, Virginia, on Route 17.0
29 Corridor.............................................
29. Arkansas................... Highway 412 from Harrison to Mt. Home.................... 20.0
30. New York.................... Improvements on Route 219 between Springville to 9.5
Ellicottville in New York State.........................
----------------------------------------------------------------------------------------------------------------
(g) Provisions Relating to High Priority Segments.--
(1) Detailed plans.--Each State in which a priority
segment identified under subsection (f) is located may
prepare a detailed plan for completion of construction
of such segment and for financing such construction.
(2) Allocation percentages.--8 percent of the amount
allocated by subsection (f) for each high priority
segment authorized by subsection (f) shall be available
for obligation in fiscal year 1992. 18.4 percent of
such amount shall be available for obligation in each
of fiscal years 1993, 1994, 1995, 1996, and 1997.
(3) Federal share.--The Federal share payable on
account of any project under subsection (f) shall be 80
percent of the cost thereof.
(4) Delegation to states.--Subject to the provisions
of title 23, United States Code, the Secretary may
delegate responsibility for construction of a project
or projects under subsection (f) to the State in which
such project or projects are located upon request of
such State.
(5) Advance construction.--When a State which has
been delegated responsibility for construction of a
project under this subsection--
(A) has obligated all funds allocated under
this subsection for construction of such
project; and
(B) proceeds to construct such project
without the aid of Federal funds in accordance
with all procedures and all requirements
applicable to such project, except insofar as
such procedures and requirements limit the
State to the construction of projects with the
aid of Federal funds previously allocated to
it;
the Secretary, upon the approval of the application of
a State, shall pay to the State the Federal share of
the cost of construction of the project when additional
funds are allocated for such project under this
subsection.
(6) Applicability of title 23.--Funds authorized by
subsection (f) and subsection (h) shall be available
for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States
Code, except that the Federal share of the cost of any
project under subsection (f) shall be determined in
accordance with this subsection and such funds shall
remain available until expended. Funds authorized by
subsection (f) shall not be subject to any obligation
limitation.
* * * * * * *
(8) Special Rule.--Amounts allocated by subsection
(f) to the State of California for improvements on I-15
and I-40 shall not be subject to any State or local law
relating to apportionment of funds available for the
construction or improvement of highways.
(9) The States of South Dakota and Nebraska may, at
their discretion, utilize funds allocated to them for
the project described in section 1105(f)(17) of this
Act to support the Nebraska/South Dakota feasibility
study described in section 1105(f)(7) and may also
utilize funds allocated for that study for the project
described in section 1105(f)(17).
(h) Authorization for Feasibility Studies.--There is
authorized to be appropriated to the Secretary out of the
Highway Trust Fund (other than the Mass Transit Account)
$8,000,000 per fiscal year for each of the fiscal years 1992
through 1997 to carry out feasibility and design studies under
subsection (e)(2).
(i) Revolving Loan Fund.--
(1) Establishment.--The Secretary may establish a
Priority Corridor Revolving Loan Fund.
(2) Advances.--The Secretary shall make available as
repayable advances amounts from the Revolving Loan Fund
to States for planning and construction of corridors
listed in subsection (c). In making such amounts
available, the Secretary shall give priority to
segments identified in subsection (f).
(3) Repayment of advances.--The amount of an advance
to a State in a fiscal year under paragraph (2) may not
exceed the amount of a State's estimated apportionments
for the National Highway System for the 2 succeeding
fiscal years. Advances shall be repaid (A) by reducing
the State's National Highway System apportionment in
each of the succeeding 3 fiscal years by \1/3\ of the
amount of the advance, or (B) by direct repayment.
Repayments shall be credited to the Priority Corridor
Revolving Loan Fund.
(4) Authorization.--There is authorized to be
appropriated to the Secretary, out of the Highway Trust
Fund (other than the Mass Transit Account), $40,000,000
per fiscal year for each of fiscal years 1993 through
1997 to carry out this subsection.
* * * * * * *
----------
SECTION 117 OF THE SAFETEA-LU TECHNICAL CORRECTIONS ACT OF 2008
[SEC. 117. BUY AMERICA WAIVER NOTIFICATION AND ANNUAL REPORTS.
[(a) Waiver Notification.--
[(1) In general.--f the Secretary of Transportation
makes a finding under section 313(b) of title 23,
United States Code, with respect to a project, the
Secretary shall--
[(A) publish in the Federal Register, before
the date on which such finding takes effect, a
detailed written justification as to the
reasons that such finding is needed; and
[(B) provide notice of such finding and an
opportunity for public comment on such finding
for a period of not to exceed 60 days.
[(2) Limitation on statutory construction.--Nothing
in paragraph (1) shall be construed to require the
effective date of a finding referred to in paragraph
(1) to be delayed until after the close of the public
comment period referred to in paragraph (1)(B).
[(b) Annual Reports.-- Not later than February 1 of each year
beginning 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 on the projects for which the Secretary made findings
under section 313(b) of title 23, United States Code, during
the preceding calendar year and the justifications for such
findings.]
----------
MAP-21
* * * * * * *
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
* * * * * * *
SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or
disaster'' means damage to a tribal transportation
facility that--
(A) renders the tribal transportation
facility impassable or unusable;
(B) is caused by--
(i) a natural disaster over a
widespread area; or
(ii) a catastrophic failure from an
external cause; and
(C) would be eligible under the emergency
relief program under section 125 of title 23,
United States Code, but does not meet the
funding thresholds [required by that section]
required under such program.
(2) List.--The term ``list'' means the funding
priority list developed under subsection (c)(5).
(3) Program.--The term ``program'' means the Tribal
High Priority Projects program established under
subsection (b)(1).
(4) Project.--The term ``project'' means a project
provided funds under the program.
(b) Program.--
(1) In general.--The Secretary shall [use amounts
made available under subsection (h) to] carry out a
Tribal High Priority Projects program under which funds
shall be provided to eligible applicants in accordance
with this section.
(2) Eligible applicants.--Applicants eligible for
program funds under this section include--
(A) an Indian tribe whose annual allocation
of funding under section 202 of title 23,
United States Code, is insufficient to complete
the highest priority project of the Indian
tribe;
(B) a governmental subdivision of an Indian
tribe--
(i) that is authorized to administer
the funding of the Indian tribe under
section 202 of title 23, United States
Code; and
(ii) for which the annual allocation
under that section is insufficient to
complete the highest priority project
of the Indian tribe; or
(C) any Indian tribe that has an emergency or
disaster with respect to a transportation
facility included on the national inventory of
tribal transportation facilities under section
202(b)(1) of title 23, United States Code.
(c) Project Applications; Funding.--
(1) In general.--To apply for funds under this
section, an eligible applicant shall submit to the
Department of the Interior or the Department an
application that includes--
(A) project scope of work, including
deliverables, budget, and timeline;
(B) the amount of funds requested;
(C) project information addressing--
(i) the ranking criteria identified
in paragraph (3); or
(ii) the nature of the emergency or
disaster;
(D) documentation that the project meets the
definition of a tribal transportation facility
and is included in the national inventory of
tribal transportation facilities under section
202(b)(1) of title 23, United States Code;
(E) documentation of official tribal action
requesting the project;
(F) documentation from the Indian tribe
providing authority for the Secretary of the
Interior to place the project on a
transportation improvement program if the
project is selected and approved; and
(G) any other information the Secretary of
the Interior or Secretary considers appropriate
to make a determination.
(2) Limitation on applications.--An applicant for
funds under the program may only have 1 application for
assistance under this section pending at any 1 time,
including any emergency or disaster application.
(3) Application ranking.--
(A) In general.--The Secretary of the
Interior and the Secretary shall determine the
eligibility of, and fund, program applications,
subject to the availability of funds.
(B) Ranking criteria.--The project ranking
criteria for applications under this section
shall include--
(i) the existence of safety hazards
with documented fatality and injury
accidents;
(ii) the number of years since the
Indian tribe last completed a
construction project funded by section
202 of title 23, United States Code;
(iii) the readiness of the Indian
tribe to proceed to construction or
bridge design need;
(iv) the percentage of project costs
matched by funds that are not provided
under section 202 of title 23, United
States Code, with projects with a
greater percentage of other sources of
matching funds ranked ahead of lesser
matches);
(v) the amount of funds requested,
with requests for lesser amounts given
greater priority;
(vi) the challenges caused by
geographic isolation; and
(vii) all weather access for
employment, commerce, health, safety,
educational resources, or housing.
(4) Project scoring matrix.--The project scoring
matrix established in the appendix to part 170 of title
25, Code of Regulations (as in effect on the date of
enactment of this Act) shall be used to rank all
applications accepted under this section.
(5) Funding priority list.--
(A) In general.--The Secretary of the
Interior and the Secretary shall jointly
produce a funding priority list that ranks the
projects approved for funding under the
program.
(B) Limitation.--The number of projects on
the list shall be limited by the amount of
funding made available.
(6) Timeline.--The Secretary of the Interior and the
Secretary shall--
(A) require applications for funding no
sooner than 60 days after funding is made
available pursuant to subsection (a);
(B) notify all applicants and Regions in
writing of acceptance of applications;
(C) rank all accepted applications in
accordance with the project scoring matrix,
develop the funding priority list, and return
unaccepted applications to the applicant with
an explanation of deficiencies;
(D) notify all accepted applicants of the
projects included on the funding priority list
no later than 180 days after the application
deadline has passed pursuant to subparagraph
(A); and
(E) distribute funds to successful
applicants.
(d) Emergency or Disaster Project Applications.--
(1) In general.--Notwithstanding subsection (c)(6),
an eligible applicant may submit an emergency or
disaster project application at any time during the
fiscal year.
(2) Consideration as priority.--The Secretary, in
consultation with the Secretary of the Interior,
shall--
(A) consider project applications submitted
under paragraph (1) to be a priority; and
(B) fund the project applications in
accordance with paragraph (3).
(3) Funding.--
(A) In general.--If an eligible applicant
submits an application for a project under this
subsection before the issuance of the list
under subsection (c)(5) and the project is
determined to be eligible for program funds,
the Secretary [of the Interior] shall provide
funding for the project before providing
funding for other approved projects on the
list.
(B) Submission after issuance of list.--If an
eligible applicant submits an application under
this subsection after the issuance of the list
under subsection (c)(5) and the distribution of
program funds in accordance with the list, the
Secretary [of the Interior] shall provide
funding for the project on the date on which
unobligated funds provided to projects on the
list are returned to the Department [of the
Interior].
(C) Effect on other projects.--If the
Secretary [of the Interior] uses funding
previously designated for a project on the list
to fund an emergency or disaster project under
this subsection, the project on the list that
did not receive funding as a result of the
redesignation of funds shall move to the top of
the list the following year.
(4) Emergency or disaster project cost.--The cost of
a project submitted as an emergency or disaster under
this subsection shall be at least 10 percent of the
distribution of funds of the Indian tribe under section
202(b) of title 23, United States Code.
(e) Limitation on Use of Funds.--Program funds shall not be
used for--
(1) transportation planning;
(2) research;
(3) routine maintenance activities;
(4) structures and erosion protection unrelated to
transportation and roadways;
(5) general reservation planning not involving
transportation;
(6) landscaping and irrigation systems not involving
transportation programs and projects;
(7) work performed on projects that are not included
on a transportation improvement program approved by the
Federal Highway Administration, unless otherwise
authorized by the Secretary of the Interior and the
Secretary;
(8) the purchase of equipment unless otherwise
authorized by Federal law; or
(9) the condemnation of land for recreational trails.
(f) Limitation on Project Amounts.--Project funding shall be
limited to a maximum of [$1,000,000] $5,000,000 per
application, except that funding for disaster or emergency
projects shall also be limited to the estimated cost of
repairing damage to the tribal transportation facility.
(g) Cost Estimate Certification.--All cost estimates prepared
for a project shall be required to be submitted by the
applicant to the Secretary of the Interior [and the Secretary]
or the Secretary for certification and approval.
[(h) Authorization of Appropriations.--
[(1) In general.--There is authorized to be
appropriated $30,000,000 out of the general fund of the
Treasury to carry out the program for each of fiscal
years 2013 through 2015 and $5,327,869 out of the
general fund of the Treasury to carry out the program
for the period beginning on October 1, 2015, and ending
on December 4, 2015.
[(2) Administration.--The funds made available under
paragraph (1) 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, except that--
[(A) the funds made available for the program
shall remain available until September 30 of
the third fiscal year after the year
appropriated; and
[(B) the Federal share of the cost of a
project shall be 100 percent.]
(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.
* * * * * * *
Subtitle D--Highway Safety
SEC. 1401. JASON'S LAW.
(a) In General.--It is the sense of Congress that it is a
national priority to address projects under this section for
the shortage of long-term parking for commercial motor vehicles
on the National Highway System to improve the safety of
motorized and nonmotorized users and for commercial motor
vehicle operators.
(b) Eligible Projects.--Eligible projects under this section
are those that--
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as
defined in section 120(c) of title 23, United
States Code) that include parking for
commercial motor vehicles.
(B) Constructing commercial motor vehicle
parking facilities adjacent to commercial truck
stops and travel plazas.
(C) Opening existing facilities to commercial
motor vehicle parking, including inspection and
weigh stations and park-and-ride facilities.
(D) Promoting the availability of publicly or
privately provided commercial motor vehicle
parking on the National Highway System using
intelligent transportation systems and other
means.
(E) Constructing turnouts along the National
Highway System for commercial motor vehicles.
(F) Making capital improvements to public
commercial motor vehicle parking facilities
currently closed on a seasonal basis to allow
the facilities to remain open year-round.
(G) Improving the geometric design of
interchanges on the National Highway System to
improve access to commercial motor vehicle
parking facilities.
(c) Survey and Comparative Assessment.--
(1) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary, in
consultation with relevant State motor carrier safety
personnel and private providers of commercial motor
vehicle parking, shall conduct a survey of each State--
(A) to evaluate [the capability of the State
to provide] the availability of adequate
parking and rest facilities for commercial
motor vehicles engaged in interstate
transportation;
(B) to assess the volume of commercial motor
vehicle traffic in the State; and
(C) to develop a system of metrics to measure
the adequacy of commercial motor vehicle
parking facilities in the State.
(2) Results.--The results of the survey under
paragraph (1) shall be made available to the public on
the website of the Department of Transportation.
(3) Periodic updates.--The Secretary shall
periodically update the survey under this subsection.
(d) Electric Vehicle and Natural Gas Vehicle
Infrastructure.--
(1) In general.--Except as provided in paragraph (2),
a State may establish electric vehicle charging
stations or natural gas vehicle refueling stations for
the use of battery-powered or natural gas-fueled trucks
or other motor vehicles at any parking facility funded
or authorized under this Act or title 23, United States
Code.
(2) Exception.--Electric vehicle battery charging
stations or natural gas vehicle refueling stations may
not be established or supported under paragraph (1) if
commercial establishments serving motor vehicle users
are prohibited by section 111 of title 23, United
States Code.
(3) Funds.--Charging or refueling stations described
in paragraph (1) shall be eligible for the same funds
as are available for the parking facilities in which
the stations are located.
[(e) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded through the authority
provided under this section shall be treated as projects on a
Federal-aid highway under chapter 1 of title 23, United States
Code.]
* * * * * * *
Subtitle E--Miscellaneous
* * * * * * *
SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.
(a) Consolidation of Programs.--For each of [fiscal years
2016 through 2020] fiscal years 2023 through 2026, before
making an apportionment under section 104(b)(3) of title 23,
United States Code, the Secretary shall set aside, from amounts
made available to carry out the highway safety improvement
program under section 148 of such title for the fiscal year,
[$3,500,000] $4,000,000--
(1) to carry out safety-related activities,
including--
(A) to carry out the operation lifesaver
program--
(i) to provide public information and
education programs to help prevent and
reduce motor vehicle accidents,
injuries, and fatalities; and
(ii) to improve driver performance at
railway-highway crossings; and
(B) to provide work zone safety grants in
accordance with subsections (a) and (b) of
section 1409 of the SAFETEA-LU (23 U.S.C. 401
note; 119 Stat. 1232); and
(2) to operate authorized safety-related
clearinghouses, including--
(A) the national work zone safety information
clearinghouse authorized by section 358(b)(2)
of the National Highway System Designation Act
of 1995 (23 U.S.C. 401 note; 109 Stat. 625);
and
(B) a public road safety clearinghouse in
accordance with section 1411(a) of the SAFETEA-
LU (23 U.S.C. 402 note; 119 Stat. 1234).
(b) Federal Share.--The Federal share of the cost of a
project or activity carried out under subsection (a) shall be
100 percent.
[(b)] (c) Repeals.--
(1) Title 23.--
(A) In general.--Sections 105, 110, 117, 124,
151, 155, 157, 160, 212, 216, 303, and 309 of
title 23, United States Code, are repealed.
(B) Set asides.--Section 118 of title 23,
United States Code, is amended--
(i) by striking subsection (c); and
(ii) by redesignating subsections (d)
and (e) as subsections (c) and (d),
respectively.
(2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803,
1804, 1907, and 1958 of SAFETEA-LU (Public Law 109-59)
are repealed.
(3) Additional.--Section 1132 of the Energy
Independence and Security Act of 2007 (Public Law 110-
140; 121 Stat. 1763) is repealed.
[(c)] (d) Conforming Amendments.--
(1) Title analysis.--
(A) Chapter 1.--The analysis for chapter 1 of
title 23, United States Code, is amended by
striking the items relating to sections 105,
110, 117, 124, 151, 155, 157, and 160.
(B) Chapter 2.--The analysis for chapter 2 of
title 23, United States Code, is amended by
striking the items relating to sections 212 and
216.
(C) Chapter 3.--The analysis for chapter 3 of
title 23, United States Code, is amended by
striking the items relating to sections 303 and
309.
(2) Table of contents.--The table of contents
contained in section 1(b) of SAFETEA-LU (Public Law
109-59; 119 Stat. 1144) is amended by striking the
items relating to sections 1302, 1305, 1306, 1803,
1804, 1907, and 1958.
(3) Section 109.--Section 109(q) of title 23, United
States Code, is amended by striking ``in accordance
with section 303 or''.
(4) Section 118.--Section 118(b) of title 23, United
States Code, is amended--
(A) by striking paragraph (1) and all that
follows through the heading of paragraph (2);
and
(B) by striking ``(other than for Interstate
construction)''.
(5) Section 130.--Section 130 of title 23, United
States Code, is amended--
(A) in subsection (e) by striking ``section
104(b)(5)'' and inserting ``section
104(b)(3)'';
(B) in subsection (f)(1) by inserting ``as in
effect on the day before the date of enactment
of the MAP-21'' after ``section 104(b)(3)(A)'';
and
(C) in subsection (l) by striking paragraphs
(3) and (4).
(6) Section 131.--Section 131(m) of title 23, United
States Code, is amended by striking ``Subject to
approval by the Secretary in accordance with the
program of projects approval process of section 105, a
State'' and inserting ``A State''.
(7) Section 133.--Paragraph (13) of section 133(b) of
title 23, United States Code (as amended by section
1108(a)(3)), is amended by striking ``under section
303''.
(8) Section 142.--Section 142 of title 23, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``motor
vehicles (other than on rail)''
and inserting ``buses'';
(II) by striking ``(hereafter
in this section referred to
as`buses')'';
(III) by striking ``Federal-
aid systems'' and inserting
``Federal-aid highways''; and
(IV) by striking ``Federal-
aid system'' and inserting
``Federal-aid highway''; and
(ii) in paragraph (2)--
(I) by striking ``as a
project on the the surface
transportation program for'';
and
(II) by striking ``section
104(b)(3)'' and inserting
``section 104(b)(2)'';
(B) in subsection (b) by striking
``104(b)(4)'' and inserting ``104(b)(1)'';
(C) in subsection (c)--
(i) by striking ``system'' in each
place it appears and inserting
``highway''; and
(ii) by striking ``highway
facilities'' and inserting ``highways
eligible under the program that is the
source of the funds'';
(D) in subsection (e)(2) by striking
``Notwithstanding section 209(f)(1) of the
Highway Revenue Act of 1956, the Highway Trust
Fund shall be available for making expenditures
to meet obligations resulting from projects
authorized by subsection (a)(2) of this section
and such projects'' and inserting ``Projects
authorized by subsection (a)(2)''; and
(E) in subsection (f) by striking ``exits''
and inserting ``exists''.
(9) Section 145.--Section 145(b) of title 23, United
States Code, is amended by striking ``section 117 of
this title,''.
(10) Section 218.--Section 218 of title 23, United
States Code, is amended--
(A) in subsection (a)--
(i) by striking the first two
sentences;
(ii) in the third sentence--
(I) by striking ``, in
addition to such funds,''; and
(II) by striking ``such
highway or'';
(iii) by striking the fourth sentence
and fifth sentences;
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as
subsection (b).
(11) Section 610.--Section 610(d)(1)(B) of title 23,
United States Code, is amended by striking ``under
section 105''.
* * * * * * *
DIVISION B--PUBLIC TRANSPORTATION
* * * * * * *
SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.
[(a) Amendment.--] Section 5303 of title 49, United States
Code, is amended to read as follows:
``SEC. 5303. METROPOLITAN TRANSPORTATION PLANNING.
``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility
needs of people and freight and foster economic growth
and development within and between States and urbanized
areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and
statewide transportation planning processes identified
in this chapter; and
``(2) to encourage the continued improvement and
evolution of the metropolitan and statewide
transportation planning processes by metropolitan
planning organizations, State departments of
transportation, and public transit operators as guided
by the planning factors identified in subsection (h)
and section 5304(d).
``(b) Definitions.--In this section and section 5304, the
following definitions apply:
``(1) Metropolitan planning area.--The term
`metropolitan planning area' means the geographic area
determined by agreement between the metropolitan
planning organization for the area and the Governor
under subsection (e).
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy
board of an organization established as a result of the
designation process under subsection (d).
``(3) Nonmetropolitan area.--The term
`nonmetropolitan area' means a geographic area outside
designated metropolitan planning areas.
``(4) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means elected and
appointed officials of general purpose local government
in a nonmetropolitan area with responsibility for
transportation.
``(5) Regional transportation planning
organization.--The term `regional transportation
planning organization' means a policy board of an
organization established as the result of a designation
under section 5304(l).
``(6) TIP.--The term `TIP' means a transportation
improvement program developed by a metropolitan
planning organization under subsection (j).
``(7) Urbanized area.--The term `urbanized area'
means a geographic area with a population of 50,000 or
more, as determined by the Bureau of the Census.
``(c) General Requirements.--
``(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a),
metropolitan planning organizations designated under
subsection (d), in cooperation with the State and
public transportation operators, shall develop long-
range transportation plans and transportation
improvement programs through a performance-driven,
outcome-based approach to planning for metropolitan
areas of the State.
``(2) Contents.--The plans and TIPs for each
metropolitan area shall provide for the development and
integrated management and operation of transportation
systems and facilities (including accessible pedestrian
walkways and bicycle transportation facilities) that
will function as an intermodal transportation system
for the metropolitan planning area and as an integral
part of an intermodal transportation system for the
State and the United States.
``(3) Process of development.--The process for
developing the plans and TIPs shall provide for
consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
``(d) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the transportation
planning process required by this section, a
metropolitan planning organization shall be designated
for each urbanized area with a population of more than
50,000 individuals--
``(A) by agreement between the Governor and
units of general purpose local government that
together represent at least 75 percent of the
affected population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census); or
``(B) in accordance with procedures
established by applicable State or local law.
``(2) Structure.--Not later than 2 years after the
date of enactment of the Federal Public Transportation
Act of 2012, each metropolitan planning organization
that serves an area designated as a transportation
management area shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that
administer or operate major modes of
transportation in the metropolitan area,
including representation by providers of public
transportation; and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--Nothing
in this subsection shall be construed to interfere with
the authority, under any State law in effect on
December 18, 1991, of a public agency with multimodal
transportation responsibilities--
``(A) to develop the plans and TIPs for
adoption by a metropolitan planning
organization; and
``(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State
law.
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this
subsection or any other provision of law shall remain
in effect until the metropolitan planning organization
is redesignated under paragraph (5).
``(5) Redesignation procedures.--
``(A) In general.--A metropolitan planning
organization may be redesignated by agreement
between the Governor and units of general
purpose local government that together
represent at least 75 percent of the existing
planning area population (including the largest
incorporated city (based on population) as
determined by the Bureau of the Census) as
appropriate to carry out this section.
``(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of paragraph (2) without
undertaking a redesignation.
``(6) Designation of more than 1 metropolitan
planning organization.--More than 1 metropolitan
planning organization may be designated within an
existing metropolitan planning area only if the
Governor and the existing metropolitan planning
organization determine that the size and complexity of
the existing metropolitan planning area make
designation of more than 1 metropolitan planning
organization for the area appropriate.
``(e) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section,
the boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan
planning organization and the Governor.
``(2) Included area.--Each metropolitan planning
area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of
the Census.
``(3) Identification of new urbanized areas within
existing planning area boundaries.--The designation by
the Bureau of the Census of new urbanized areas within
an existing metropolitan planning area shall not
require the redesignation of the existing metropolitan
planning organization.
``(4) Existing metropolitan planning areas in
nonattainment.--
``(A) In general.--Notwithstanding paragraph
(2), except as provided in subparagraph (B), in
the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et
seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan
planning area in existence as of such date of
enactment shall be retained.
``(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement
of the Governor and affected metropolitan
planning organizations in the manner described
in subsection (d)(5).
``(5) New metropolitan planning areas in
nonattainment.--In the case of an urbanized area
designated after the date of enactment of the SAFETEA-
LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner
described in subsection (d)(1);
``(B) shall encompass the areas described in
paragraph (2)(A);
``(C) may encompass the areas described in
paragraph (2)(B); and
``(D) may address any nonattainment area
identified under the Clean Air Act (42 U.S.C.
7401 et seq.) for ozone or carbon monoxide.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a
multistate metropolitan area and the appropriate
metropolitan planning organizations to provide
coordinated transportation planning for the entire
metropolitan area.
``(2) Interstate compacts.--The consent of Congress
is granted to any 2 or more States--
``(A) to enter into agreements or compacts,
not in conflict with any law of the United
States, for cooperative efforts and mutual
assistance in support of activities authorized
under this section as the activities pertain to
interstate areas and localities within the
States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine
desirable for making the agreements and
compacts effective.
``(3) Reservation of rights.--The right to alter,
amend, or repeal interstate compacts entered into under
this subsection is expressly reserved.
``(g) MPO Consultation in Plan and TIP Coordination.--
``(1) Nonattainment areas.--If more than 1
metropolitan planning organization has authority within
a metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.), each
metropolitan planning organization shall consult with
the other metropolitan planning organizations
designated for such area and the State in the
coordination of plans and TIPs required by this
section.
``(2) Transportation improvements located in multiple
mpos.--If a transportation improvement, funded under
this chapter or title 23, is located within the
boundaries of more than 1 metropolitan planning area,
the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transportation
improvement.
``(3) Relationship with other planning officials.--
``(A) In general.--The Secretary shall
encourage each metropolitan planning
organization to consult with officials
responsible for other types of planning
activities that are affected by transportation
in the area (including State and local planned
growth, economic development, environmental
protection, airport operations, and freight
movements) or to coordinate its planning
process, to the maximum extent practicable,
with such planning activities.
``(B) Requirements.--Under the metropolitan
planning process, transportation plans and TIPs
shall be developed with due consideration of
other related planning activities within the
metropolitan area, and the process shall
provide for the design and delivery of
transportation services within the metropolitan
area that are provided by--
``(i) recipients of assistance under
this chapter;
``(ii) governmental agencies and
nonprofit organizations (including
representatives of the agencies and
organizations) that receive Federal
assistance from a source other than the
Department of Transportation to provide
nonemergency transportation services;
and
``(iii) recipients of assistance
under section 204 of title 23.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan planning process
for a metropolitan planning area under this section
shall provide for consideration of projects and
strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling
global competitiveness, productivity, and
efficiency;
``(B) increase the safety of the
transportation system for motorized and
nonmotorized users;
``(C) increase the security of the
transportation system for motorized and
nonmotorized users;
``(D) increase the accessibility and mobility
of people and for freight;
``(E) protect and enhance the environment,
promote energy conservation, improve the
quality of life, and promote consistency
between transportation improvements and State
and local planned growth and economic
development patterns;
``(F) enhance the integration and
connectivity of the transportation system,
across and between modes, for people and
freight;
``(G) promote efficient system management and
operation; and
``(H) emphasize the preservation of the
existing transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan
transportation planning process shall provide
for the establishment and use of a performance-
based approach to transportation decisionmaking
to support the national goals described in
section 150(b) of title 23 and the general
purposes described in section 5301.
``(B) Performance targets.--
``(i) Surface transportation
performance targets.--
``(I) In general.--Each
metropolitan planning
organization shall establish
performance targets that
address the performance
measures described in section
150(c) of title 23, where
applicable, to use in tracking
progress towards attainment of
critical outcomes for the
region of the metropolitan
planning organization.
``(II) Coordination.--
Selection of performance
targets by a metropolitan
planning organization shall be
coordinated with the relevant
State to ensure consistency, to
the maximum extent practicable.
``(ii) Public transportation
performance targets.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated, to the maximum extent
practicable, with providers of public
transportation to ensure consistency
with sections 5326(c) and 5329(d).
``(C) Timing.--Each metropolitan planning
organization shall establish the performance
targets under subparagraph (B) not later than
180 days after the date on which the relevant
State or provider of public transportation
establishes the performance targets.
``(D) Integration of other performance-based
plans.--A metropolitan planning organization
shall integrate in the metropolitan
transportation planning process, directly or by
reference, the goals, objectives, performance
measures, and targets described in other State
transportation plans and transportation
processes, as well as any plans developed by
recipients of assistance under this chapter,
required as part of a performance-based
program.
``(3) Failure to consider factors.--The failure to
consider any factor specified in paragraphs (1) and (2)
shall not be reviewable by any court under this
chapter, title 23, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
``(i) Development of Transportation Plan.--
``(1) Requirements.--
``(A) In general.--Each metropolitan planning
organization shall prepare and update a
transportation plan for its metropolitan
planning area in accordance with the
requirements of this subsection.
``(B) Frequency.--
``(i) In general.--The metropolitan
planning organization shall prepare and
update such plan every 4 years (or more
frequently, if the metropolitan
planning organization elects to update
more frequently) in the case of each of
the following:
``(I) Any area designated as
nonattainment, as defined in
section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)).
``(II) Any area that was
nonattainment and subsequently
designated to attainment in
accordance with section
107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is
subject to a maintenance plan
under section 175A of that Act
(42 U.S.C. 7505a).
``(ii) Other areas.--In the case of
any other area required to have a
transportation plan in accordance with
the requirements of this subsection,
the metropolitan planning organization
shall prepare and update such plan
every 5 years unless the metropolitan
planning organization elects to update
more frequently.
``(2) Transportation plan.--A transportation plan
under this section shall be in a form that the
Secretary determines to be appropriate and shall
contain, at a minimum, the following:
``(A) Identification of transportation
facilities.--
``(i) In general.--An identification
of transportation facilities (including
major roadways, transit, multimodal and
intermodal facilities, nonmotorized
transportation facilities, and
intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis
to those facilities that serve
important national and regional
transportation functions.
``(ii) Factors.--In formulating the
transportation plan, the metropolitan
planning organization shall consider
factors described in subsection (h) as
the factors relate to a 20-year
forecast period.
``(B) Performance measures and targets.--A
description of the performance measures and
performance targets used in assessing the
performance of the transportation system in
accordance with subsection (h)(2).
``(C) System performance report.--A system
performance report and subsequent updates
evaluating the condition and performance of the
transportation system with respect to the
performance targets described in subsection
(h)(2), including--
``(i) progress achieved by the
metropolitan planning organization in
meeting the performance targets in
comparison with system performance
recorded in previous reports; and
``(ii) for metropolitan planning
organizations that voluntarily elect to
develop multiple scenarios, an analysis
of how the preferred scenario has
improved the conditions and performance
of the transportation system and how
changes in local policies and
investments have impacted the costs
necessary to achieve the identified
performance targets.
``(D) Mitigation activities.--
``(i) In general.--A long-range
transportation plan shall include a
discussion of types of potential
environmental mitigation activities and
potential areas to carry out these
activities, including activities that
may have the greatest potential to
restore and maintain the environmental
functions affected by the plan.
``(ii) Consultation.--The discussion
shall be developed in consultation with
Federal, State, and tribal wildlife,
land management, and regulatory
agencies.
``(E) Financial plan.--
``(i) In general.--A financial plan
that--
``(I) demonstrates how the
adopted transportation plan can
be implemented;
``(II) indicates resources
from public and private sources
that are reasonably expected to
be made available to carry out
the plan; and
``(III) recommends any
additional financing strategies
for needed projects and
programs.
``(ii) Inclusions.--The financial
plan may include, for illustrative
purposes, additional projects that
would be included in the adopted
transportation plan if reasonable
additional resources beyond those
identified in the financial plan were
available.
``(iii) Cooperative development.--For
the purpose of developing the
transportation plan, the metropolitan
planning organization, transit
operator, and State shall cooperatively
develop estimates of funds that will be
available to support plan
implementation.
``(F) Operational and management
strategies.--Operational and management
strategies to improve the performance of
existing transportation facilities to relieve
vehicular congestion and maximize the safety
and mobility of people and goods.
``(G) Capital investment and other
strategies.--Capital investment and other
strategies to preserve the existing and
projected future metropolitan transportation
infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs.
``(H) Transportation and transit enhancement
activities.--Proposed transportation and
transit enhancement activities.
``(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the metropolitan planning organization
shall coordinate the development of a transportation
plan with the process for development of the
transportation control measures of the State
implementation plan required by that Act.
``(4) Optional scenario development.--
``(A) In general.--A metropolitan planning
organization may, while fitting the needs and
complexity of its community, voluntarily elect
to develop multiple scenarios for consideration
as part of the development of the metropolitan
transportation plan, in accordance with
subparagraph (B).
``(B) Recommended components.--A metropolitan
planning organization that chooses to develop
multiple scenarios under subparagraph (A) shall
be encouraged to consider--
``(i) potential regional investment
strategies for the planning horizon;
``(ii) assumed distribution of
population and employment;
``(iii) a scenario that, to the
maximum extent practicable, maintains
baseline conditions for the performance
measures identified in subsection
(h)(2);
``(iv) a scenario that improves the
baseline conditions for as many of the
performance measures identified in
subsection (h)(2) as possible;
``(v) revenue constrained scenarios
based on the total revenues expected to
be available over the forecast period
of the plan; and
``(vi) estimated costs and potential
revenues available to support each
scenario.
``(C) Metrics.--In addition to the
performance measures identified in section
150(c) of title 23, metropolitan planning
organizations may evaluate scenarios developed
under this paragraph using locally-developed
measures.
``(5) Consultation.--
``(A) In general.--In each metropolitan area,
the metropolitan planning organization shall
consult, as appropriate, with State and local
agencies responsible for land use management,
natural resources, environmental protection,
conservation, and historic preservation
concerning the development of a long-range
transportation plan.
``(B) Issues.--The consultation shall
involve, as appropriate--
``(i) comparison of transportation
plans with State conservation plans or
maps, if available; or
``(ii) comparison of transportation
plans to inventories of natural or
historic resources, if available.
``(6) Participation by interested parties.--
``(A) In general.--Each metropolitan planning
organization shall provide citizens, affected
public agencies, representatives of public
transportation employees, freight shippers,
providers of freight transportation services,
private providers of transportation,
representatives of users of public
transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled,
and other interested parties with a reasonable
opportunity to comment on the transportation
plan.
``(B) Contents of participation plan.--A
participation plan--
``(i) shall be developed in
consultation with all interested
parties; and
``(ii) shall provide that all
interested parties have reasonable
opportunities to comment on the
contents of the transportation plan.
``(C) Methods.--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 World
Wide Web, as appropriate to afford
reasonable opportunity for
consideration of public information
under subparagraph (A).
``(7) Publication.--A transportation plan involving
Federal participation shall be published or otherwise
made readily available by the metropolitan planning
organization for public review, including (to the
maximum extent practicable) in electronically
accessible formats and means, such as the World Wide
Web, approved by the metropolitan planning organization
and submitted for information purposes to the Governor
at such times and in such manner as the Secretary shall
establish.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or
metropolitan planning organization shall not be
required to select any project from the illustrative
list of additional projects included in the financial
plan under paragraph (2)(C).
``(j) Metropolitan TIP.--
``(1) Development.--
``(A) In general.--In cooperation with the
State and any affected public transportation
operator, the metropolitan planning
organization designated for a metropolitan area
shall develop a TIP for the metropolitan
planning area that--
``(i) contains projects consistent
with the current metropolitan
transportation plan;
``(ii) reflects the investment
priorities established in the current
metropolitan transportation plan; and
``(iii) once implemented, is designed
to make progress toward achieving the
performance targets established under
subsection (h)(2).
``(B) Opportunity for comment.--In developing
the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide an opportunity for participation
by interested parties in the development of the
program, in accordance with subsection (i)(5).
``(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and
State shall cooperatively develop estimates of
funds that are reasonably expected to be
available to support program implementation.
``(D) Updating and approval.--The TIP shall
be--
``(i) updated at least once every 4
years; and
``(ii) approved by the metropolitan
planning organization and the Governor.
``(2) Contents.--
``(A) Priority list.--The TIP shall include a
priority list of proposed Federally supported
projects and strategies to be carried out
within each 4-year period after the initial
adoption of the TIP.
``(B) Financial plan.--The TIP shall include
a financial plan that--
``(i) demonstrates how the TIP can be
implemented;
``(ii) indicates resources from
public and private sources that are
reasonably expected to be available to
carry out the program;
``(iii) identifies innovative
financing techniques to finance
projects, programs, and strategies; and
``(iv) may include, for illustrative
purposes, additional projects that
would be included in the approved TIP
if reasonable additional resources
beyond those identified in the
financial plan were available.
``(C) Descriptions.--Each project in the TIP
shall include sufficient descriptive material
(such as type of work, termini, length, and
other similar factors) to identify the project
or phase of the project.
``(D) Performance target achievement.--The
transportation improvement program shall
include, to the maximum extent practicable, a
description of the anticipated effect of the
transportation improvement program toward
achieving the performance targets established
in the metropolitan transportation plan,
linking investment priorities to those
performance targets.
``(3) Included projects.--
``(A) Projects under this chapter and title
23.--A TIP developed under this subsection for
a metropolitan area shall include the projects
within the area that are proposed for funding
under this chapter and chapter 1 of title 23.
``(B) Projects under chapter 2 of title 23.--
``(i) Regionally significant
projects.--Regionally significant
projects proposed for funding under
chapter 2 of title 23 shall be
identified individually in the
transportation improvement program.
``(ii) Other projects.--Projects
proposed for funding under chapter 2 of
title 23 that are not determined to be
regionally significant shall be grouped
in 1 line item or identified
individually in the transportation
improvement program.
``(C) Consistency with long-range
transportation plan.--Each project shall be
consistent with the long-range transportation
plan developed under subsection (i) for the
area.
``(D) Requirement of anticipated full
funding.--The program shall include a project,
or an identified phase of a project, only if
full funding can reasonably be anticipated to
be available for the project or the identified
phase within the time period contemplated for
completion of the project or the identified
phase.
``(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with
the State and any affected public transportation
operator, shall provide an opportunity for
participation by interested parties in the development
of the program, in accordance with subsection (i)(5).
``(5) Selection of projects.--
``(A) In general.--Except as otherwise
provided in subsection (k)(4) and in addition
to the TIP development required under paragraph
(1), the selection of Federally funded projects
in metropolitan areas shall be carried out,
from the approved TIP--
``(i) by--
``(I) in the case of projects
under title 23, the State; and
``(II) in the case of
projects under this chapter,
the designated recipients of
public transportation funding;
and
``(ii) in cooperation with the
metropolitan planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law,
action by the Secretary shall not be required
to advance a project included in the approved
TIP in place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan
planning organization shall not be required to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv).
``(B) Required action by the secretary.--
Action by the Secretary shall be required for a
State or metropolitan planning organization to
select any project from the illustrative list
of additional projects included in the
financial plan under paragraph (2)(B)(iv) for
inclusion in an approved TIP.
``(7) Publication.--
``(A) Publication of tips.--A TIP involving
Federal participation shall be published or
otherwise made readily available by the
metropolitan planning organization for public
review.
``(B) Publication of annual listings of
projects.--
``(i) In general.--An annual listing
of projects, including investments in
pedestrian walkways and bicycle
transportation facilities, for which
Federal funds have been obligated in
the preceding year shall be published
or otherwise made available by the
cooperative effort of the State,
transit operator, and metropolitan
planning organization for public
review.
``(ii) Requirement.--The listing
shall be consistent with the categories
identified in the TIP.
``(k) Transportation Management Areas.--
``(1) Identification and designation.--
``(A) Required identification.--The Secretary
shall identify as a transportation management
area each urbanized area (as defined by the
Bureau of the Census) with a population of over
200,000 individuals.
``(B) Designations on request.--The Secretary
shall designate any additional area as a
transportation management area on the request
of the Governor and the metropolitan planning
organization designated for the area.
``(2) Transportation plans.--In a transportation
management area, transportation plans shall be based on
a continuing and comprehensive transportation planning
process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan
planning area serving a transportation
management area, the transportation planning
process under this section shall address
congestion management through a process that
provides for effective management and
operation, based on a cooperatively developed
and implemented metropolitan-wide strategy, of
new and existing transportation facilities
eligible for funding under this chapter and
title 23 through the use of travel demand
reduction and operational management
strategies.
``(B) Schedule.--The Secretary shall
establish an appropriate phase-in schedule for
compliance with the requirements of this
section but no sooner than 1 year after the
identification of a transportation management
area.
``(4) Selection of projects.--
``(A) In general.--All Federally funded
projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area under title 23
(excluding projects carried out on the National
Highway System) or under this chapter shall be
selected for implementation from the approved
TIP by the metropolitan planning organization
designated for the area in consultation with
the State and any affected public
transportation operator.
``(B) National highway system projects.--
Projects carried out within the boundaries of a
metropolitan planning area serving a
transportation management area on the National
Highway System shall be selected for
implementation from the approved TIP by the
State in cooperation with the metropolitan
planning organization designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan
planning process of a metropolitan
planning organization serving a
transportation management area is being
carried out in accordance with
applicable provisions of Federal law;
and
``(ii) subject to subparagraph (B),
certify, not less often than once every
4 years, that the requirements of this
paragraph are met with respect to the
metropolitan planning process.
``(B) Requirements for certification.--The
Secretary may make the certification under
subparagraph (A) if--
``(i) the transportation planning
process complies with the requirements
of this section and other applicable
requirements of Federal law; and
``(ii) there is a TIP for the
metropolitan planning area that has
been approved by the metropolitan
planning organization and the Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of project funds.--
If a metropolitan planning process of a
metropolitan planning organization
serving a transportation management
area is not certified, the Secretary
may withhold up to 20 percent of the
funds attributable to the metropolitan
planning area of the metropolitan
planning organization for projects
funded under this chapter and title 23.
``(ii) Restoration of withheld
funds.--The withheld funds shall be
restored to the metropolitan planning
area at such time as the metropolitan
planning process is certified by the
Secretary.
``(D) Review of certification.--In making
certification determinations under this
paragraph, the Secretary shall provide for
public involvement appropriate to the
metropolitan area under review.
``(l) Report on Performance-based Planning Processes.--
``(1) In general.--The Secretary shall submit to
Congress a report on the effectiveness of the
performance-based planning processes of metropolitan
planning organizations under this section, taking into
consideration the requirements of this subsection
``(2) Report.--Not later than 5 years after the date
of enactment of the Federal Public Transportation Act
of 2012, the Secretary shall submit to Congress a
report evaluating--
``(A) the overall effectiveness of
performance-based planning as a tool for
guiding transportation investments;
``(B) the effectiveness of the performance-
based planning process of each metropolitan
planning organization under this section;
``(C) the extent to which metropolitan
planning organizations have achieved, or are
currently making substantial progress toward
achieving, the performance targets specified
under this section and whether metropolitan
planning organizations are developing
meaningful performance targets; and
``(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area of less than 200,000
and their ability to carry out the requirements
of this section.
``(3) Publication.--The report under paragraph (2)
shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
``(m) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the
case of a metropolitan area not designated as a
transportation management area under this section, the
Secretary may provide for the development of an
abbreviated transportation plan and TIP for the
metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of
this section, taking into account the complexity of
transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not
permit abbreviated plans or TIPs for a metropolitan
area that is in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et
seq.).
``(n) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other
provisions of this chapter or title 23, for
transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway
project that will result in a significant increase in
the carrying capacity for single-occupant vehicles
unless the project is addressed through a congestion
management process.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning
area boundaries determined under subsection (e).
``(o) Limitation on Statutory Construction.--Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible
under this chapter or title 23.
``(p) Funding.--Funds set aside under section 104(f) of title
23 or section 5305(g) shall be available to carry out this
section.
``(q) Continuation of Current Review Practice.--Since plans
and TIPs described in this section are subject to a reasonable
opportunity for public comment, since individual projects
included in plans and TIPs are subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), and since decisions by the Secretary concerning plans
and TIPs described in this section have not been reviewed under
that Act as of January 1, 1997, any decision by the Secretary
concerning a plan or TIP described in this section shall not be
considered to be a Federal action subject to review under that
Act.''.
[(b) Pilot Program for Transit-oriented Development
Planning.--
[(1) Definitions.--In this subsection the following
definitions shall apply:
[(A) Eligible project.--The term ``eligible
project'' means a new fixed guideway capital
project or a core capacity improvement project,
as those terms are defined in section 5309 of
title 49, United States Code, as amended by
this division.
[(B) Secretary.--The term ``Secretary'' means
the Secretary of Transportation.
[(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;
[(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) 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; and
[(E) 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.]
* * * * * * *
----------
SAFETEA-LU
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users'' or ``SAFETEA-LU''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle D--Highway Safety
* * * * * * *
[Sec. 1404. Safe routes to school program.]
* * * * * * *
TITLE I--FEDERAL-AID HIGHWAYS
* * * * * * *
Subtitle D--Highway Safety
* * * * * * *
[SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.
[(a) Establishment.--Subject to the requirements of this
section, the Secretary shall establish and carry out a safe
routes to school program for the benefit of children in primary
and middle 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) Apportionment of Funds.--
[(1) In general.--Subject to paragraphs (2), (3), and
(4), amounts made available to carry out this section
for a fiscal year shall be apportioned among the States
in the ratio that--
[(A) the total student enrollment in primary
and middle schools in each State; bears to
[(B) the total student enrollment in primary
and middle schools in all States.
[(2) Minimum apportionment.--No State shall receive
an apportionment under this section for a fiscal year
of less than $1,000,000.
[(3) Set-aside for administrative expenses.--Before
apportioning under this subsection amounts made
available to carry out this section for a fiscal year,
the Secretary shall set aside not more than $3,000,000
of such amounts for the administrative expenses of the
Secretary in carrying out this subsection.
[(4) Determination of student enrollments.--
Determinations under this subsection concerning student
enrollments shall be made by the Secretary.
[(d) Administration of Amounts.--Amounts apportioned to a
State under this section shall be administered by the State's
department of transportation.
[(e) Eligible Recipients.--Amounts apportioned to a State
under this section shall be used by the State to provide
financial assistance to State, local, tribal, and regional
agencies, including nonprofit organizations, that demonstrate
an ability to meet the requirements of this section.
[(f) Eligible Projects and Activities.--
[(1) Infrastructure-related projects.--
[(A) In general.--Amounts apportioned to a
State under this section may be used 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.--
[(A) In general.--In addition to projects
described in paragraph (1), amounts apportioned
to a State under this section may be used for
noninfrastructure-related activities to
encourage walking and bicycling to school,
including public awareness campaigns and
outreach to press and community leaders,
traffic education and enforcement in the
vicinity of schools, student sessions on
bicycle and pedestrian safety, health, and
environment, and funding for training,
volunteers, and managers of safe routes to
school programs.
[(B) Allocation.--Not less than 10 percent
and not more than 30 percent of the amount
apportioned to a State under this section for a
fiscal year shall be used for
noninfrastructure-related activities under this
subparagraph.
[(3) Safe routes to school coordinator.--Each State
receiving an apportionment under this section for a
fiscal year 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.
[(g) Clearinghouse.--
[(1) In general.--The Secretary shall make grants to
a national nonprofit organization engaged in promoting
safe routes to schools to--
[(A) operate a national safe routes to school
clearinghouse;
[(B) develop information and educational
programs on safe routes to school; and
[(C) 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 set aside for administrative
expenses under subsection (c)(3).
[(h) Task Force.--
[(1) In general.--The Secretary shall establish a
national safe routes to school task force composed of
leaders in health, transportation, and education,
including representatives of appropriate Federal
agencies, to study and develop a strategy for advancing
safe routes to school programs nationwide.
[(2) Report.--Not later than March 31, 2006, the
Secretary shall submit to Congress a report containing
the results of the study conducted, and a description
of the strategy developed, under paragraph (1) and
information regarding the use of funds for
infrastructure-related and noninfrastructure-related
activities under paragraphs (1) and (2) of subsection
(f).
[(3) Funding.--The Secretary shall carry out this
subsection using amounts set aside for administrative
expenses under subsection (c)(3).
[(i) Applicability of Title 23.--Funds made available to
carry out this section shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1
of title 23, United States Code; except that such funds shall
not be transferable and shall remain available until expended,
and the Federal share of the cost of a project or activity
under this section shall be 100 percent.
[(j) Treatment of Projects.--Notwithstanding any other
provision of law, projects assisted under this subsection shall
be treated as projects on a Federal-aid system under chapter 1
of title 23, United States Code.
[(k) 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 and middle schools.--The term ``primary
and middle schools'' means schools providing education
from kindergarten through eighth grade.]
* * * * * * *
TITLE IV--MOTOR CARRIER SAFETY
* * * * * * *
Subtitle A--Commercial Motor Vehicle Safety
* * * * * * *
SEC. 4144. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
(a) Establishment and Duties.--The Secretary shall establish
in the Federal Motor Carrier Safety Administration a motor
carrier safety advisory committee. The committee shall--
(1) provide advice and recommendations to the
Administrator of the Federal Motor Carrier Safety
Administration about needs, objectives, plans,
approaches, content, and accomplishments of the motor
carrier safety programs carried out by the
Administration; and
(2) provide advice and recommendations to the
Administrator on motor carrier safety regulations.
(b) Members, Chairman, Pay, and Expenses.--
(1) In general.--The committee shall be composed of
not more than 20 members appointed by the Administrator
from among individuals who are not employees of the
Administration and who are specially qualified to serve
on the committee because of their education, training,
or experience. The members shall include
representatives of the motor carrier industry,
including small business motor carriers, safety
advocates, and safety enforcement officials.
Representatives of a single enumerated interest group
may not constitute a majority of the members of the
advisory committee.
(2) Chairman.--The Administrator shall designate the
chairman of the committee.
(3) Pay.--A member of the committee shall serve
without pay; except that the Administrator may allow a
member, when attending meetings of the committee or a
subcommittee of the committee, expenses authorized
under section 5703 of title 5, relating to per diem,
travel, and transportation expenses.
(c) Support Staff, Information, and Services.--The
Administrator shall provide support staff for the committee. On
request of the committee, the Administrator shall provide
information, administrative services, and supplies that the
Administrator considers necessary for the committee to carry
out its duties and powers.
(d) Termination Date.--Notwithstanding the Federal Advisory
Committee Act (5 U.S.C. App.), the advisory committee shall
terminate on [September 30, 2013] September 30, 2026.
* * * * * * *
----------
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
* * * * * * *
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS
* * * * * * *
SEC. 339. ELIGIBILITY.
(a) Pennsylvania Turnpike and I-95.--
(1) Reconstruction and widening.--The project
authorized by section 162 of the Surface Transportation
Assistance Act of 1982 (96 Stat. 2136) shall include
reconstruction and widening to 6 lanes of existing
Interstate Route 95 and of the Pennsylvania Turnpike
from United States Route 1 to the junction with the New
Jersey Turnpike, including the structure over the
Delaware River.
(2) Federal share.--Notwithstanding any other
provision of law, the Federal share payable on account
of the project referred to in paragraph (1), including
the additional through roadway and bridge travel lanes,
shall be 90 percent of the cost of the project.
(3) Tolls.--Notwithstanding section 301 of title 23,
United States Code, the project for construction of an
interchange between the Pennsylvania Turnpike and
Interstate Route 95, including the widening of the
Pennsylvania Turnpike, shall be treated as a
reconstruction project described in section
129(a)(1)(B) of such title and tolls may be continued
on all traffic on the Pennsylvania Turnpike between
United States Route 1 and the New Jersey Turnpike.
(b) Type II Noise Barriers.--
[(1) General rule.--No funds made available out of
the Highway Trust Fund may be used to construct Type II
noise barriers (as defined by section 772.5(i) of title
23, Code of Federal Regulations) pursuant to
subsections (h) and (i) of section 109 of title 23,
United States Code, if such barriers were not part of a
project approved by the Secretary before the date of
the enactment of this Act.]
(1) General rule.--No funds made available out of the
Highway Trust Fund may be used to construct a Type II
noise barrier (as defined by section 772.5(I) of title
23, Code of Federal Regulations) pursuant to
subsections (h) and (I) of section 109 of title 23,
United States Code, unless--
(A) such a barrier is part of a project
approved by the Secretary before November 28,
1995; or
(B) such a barrier separates a highway or
other noise corridor from a group of structures
of which the majority of those closest to the
highway or noise corridor--
(i) are residential in nature; and
(ii) either--
(I) were constructed before
the construction or most recent
widening of the highway or
noise corridor; or
(II) are at least 10 years
old.
(2) Exceptions.--Paragraph (1) shall not apply to
construction of Type II noise barriers along lands that
were developed or were under substantial construction
before approval of the acquisition of the rights-of-
ways for, or construction of, the existing highway.
(c) Route Segments in Wyoming.--
(1) In general.--The Secretary shall cooperate with
the State of Wyoming in monitoring the changes in
growth along, and traffic patterns of, the route
segments in Wyoming described in paragraph (2), for the
purpose of future consideration of the addition of the
route segments to the National Highway System in
accordance with section 103(b)(6) of title 23, United
States Code.
(2) Route segments.--The route segments referred to
in paragraph (1) are--
(A) United States Route 191 from Rock Springs
to Hoback Junction;
(B) United States Route 16 from Worland to
Interstate Route 90; and
(C) Wyoming Route 59 from Douglas to
Gillette.
(d) Orange Street Bridge, Missoula, Montana.--Notwithstanding
section 149 of title 23, United States Code, or any other
provision of law, a project to construct new capacity for the
Orange Street Bridge in Missoula, Montana, shall be eligible
for funding under the congestion mitigation and air quality
improvement program established under such section.
(e) National Railroad Passenger Corporation Line.--The
improvements to, or adjacent to, the main line of the National
Railroad Passenger Corporation between milepost 190.23 at
Central Falls, Rhode Island, and milepost 168.53 at Davisville,
Rhode Island, that are necessary to support the rail movement
of freight shall be eligible for funds apportioned under
sections 103(e)(4), 104(b)(2), and 104(b)(3) of title 23,
United States Code.
(f) Pocono Northeast Railway Company Line.--The improvements
to the former Pocono Northeast Railway Company freight rail
line by the Luzerne County Redevelopment Authority that are
necessary to support the rail movement of freight shall be
eligible for funds apportioned under sections 104(b)(2) and
104(b)(3) of title 23, United States Code.
(g) Brightman Street Bridge, Fall River Harbor,
Massachusetts.--Notwithstanding any other provision of law, the
Brightman Street Bridge in Fall River Harbor, Massachusetts,
may be reconstructed to result in a clear channel width of less
than 300 feet.
(h) Atlantic Intracoastal Waterway Bridge Replacement at
Great Bridge, Chesapeake, Virginia.--The project for navigation
at Great Bridge, Virginia, Highway 168, over the Atlantic
Intracoastal Waterway in Chesapeake, Virginia: Report of the
Chief of Engineers, dated July 1, 1994, at a total cost of
$23,680,000, with an estimated Federal cost of $20,341,000 and
an estimated non-Federal cost of $3,339,000. The city of
Chesapeake shall assume full ownership of the replacement
bridge to be constructed under the project, including all
associated operation, maintenance, repair, replacement, and
rehabilitation costs.
(i) Federal Lands Highways Program.--Notwithstanding section
101(a) of title 23, United States Code, and the requirements of
sections 202 and 204 of such title, the highway projects
described in section 149(a)(62) of the Surface Transportation
and Uniform Relocation Assistance Act of 1987 (101 Stat. 191),
section 1 of Public Law 100-211 (101 Stat. 1442), and Public
Law 99-647 (100 Stat. 3625) and projects on State Highway 488
within the Great Basin National Park, Nevada, and United States
Route 93 from Somers to Whitefish, Montana, shall be eligible
for assistance under sections 202 and 204 of such title. Any
funds allocated for fiscal year 1996 and thereafter for such
projects as a result of enactment of this subsection shall not
affect the apportionment adjustments made under section 1015 of
the Intermodal Surface Transportation Efficiency Act of 1991.
(j) Alameda Transportation Corridor, California.--Funds
apportioned to the State of California under section 104(b)(1)
of title 23, United States Code, for the National Highway
System may be obligated for construction of, and operational
improvements for, grade separation projects for the Alameda
Transportation Corridor along Alameda Street from the entrance
to the ports of Los Angeles and Long Beach to Interstate Route
10, Los Angeles, California. The Federal share of the costs of
such projects shall be determined in accordance with section
120(b) of such title.
* * * * * * *
----------
PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008
* * * * * * *
TITLE VI--CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY
* * * * * * *
SEC. 601. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS
FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.
(a) Authorization.--
(1) In general.--Subject to the succeeding provisions
of this section, the Secretary of Transportation is
authorized to make grants to the Transit Authority, in
addition to the contributions authorized under sections
3, 14, and 17 of the National Capital Transportation
Act of 1969 (sec. 9-1101.01 et seq., D.C. Official
Code), for the purpose of financing in part the capital
and preventive maintenance projects included in the
Capital Improvement Program approved by the Board of
Directors of the Transit Authority.
(2) Definitions.--In this section--
(A) the term ``Transit Authority'' means the
Washington Metropolitan Area Transit Authority
established under Article III of the Compact;
and
(B) the term ``Compact'' means the Washington
Metropolitan Area Transit Authority Compact (80
Stat. 1324; Public Law 89-774).
(b) Use of Funds.--[The Federal] Except as provided in
subsection (e)(2), the Federal grants made pursuant to the
authorization under this section shall be subject to the
following limitations and conditions:
(1) The work for which such Federal grants are
authorized shall be subject to the provisions of the
Compact (consistent with the amendments to the Compact
described in subsection (d)).
(2) Each such Federal grant shall be for 50 percent
of the net project cost of the project involved, and
shall be provided in cash from sources other than
Federal funds or revenues from the operation of public
mass transportation systems. Consistent with the terms
of the amendment to the Compact described in subsection
(d)(1), any funds so provided shall be solely from
undistributed cash surpluses, replacement or
depreciation funds or reserves available in cash, or
new capital.
(3) Such Federal grants may be used only for the
maintenance and upkeep of the systems of the Transit
Authority as of the date of the enactment of this Act
and may not be used to increase the mileage of the rail
system.
(c) Applicability of Requirements For Mass Transportation
Capital Projects Receiving Funds Under Federal Transportation
Law.--Except as specifically provided in this section, the use
of any amounts appropriated pursuant to the authorization under
this section shall be subject to the requirements applicable to
capital projects for which funds are provided under chapter 53
of title 49, United States Code, except to the extent that the
Secretary of Transportation determines that the requirements
are inconsistent with the purposes of this section.
[(d) Amendments to Compact.--No amounts may be provided to
the Transit Authority pursuant to the authorization under this
section until the Transit Authority notifies the Secretary of
Transportation that each of the following amendments to the
Compact (and any further amendments which may be required to
implement such amendments) have taken effect:
[(1)(A) An amendment requiring that all payments by
the local signatory governments for the Transit
Authority for the purpose of matching any Federal funds
appropriated in any given year authorized under
subsection (a) for the cost of operating and
maintaining the adopted regional system are made from
amounts derived from dedicated funding sources.
[(B) For purposes of this paragraph, the term
``dedicated funding source'' means any source of
funding which is earmarked or required under State or
local law to be used to match Federal appropriations
authorized under this division for payments to the
Transit Authority.
[(2) An amendment establishing an Office of the
Inspector General of the Transit Authority.
[(3) An amendment expanding the Board of Directors of
the Transit Authority to include 4 additional Directors
appointed by the Administrator of General Services, of
whom 2 shall be nonvoting and 2 shall be voting, and
requiring one of the voting members so appointed to be
a regular passenger and customer of the bus or rail
service of the Transit Authority.
[(e) Access to Wireless Service in Metrorail System.--
[(1) Requiring transit authority to provide access to
service.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this
section unless the Transit Authority ensures that
customers of the rail service of the Transit Authority
have access within the rail system to services provided
by any licensed wireless provider that notifies the
Transit Authority (in accordance with such procedures
as the Transit Authority may adopt) of its intent to
offer service to the public, in accordance with the
following timetable:
[(A) Not later than 1 year after the date of
the enactment of this Act, in the 20
underground rail station platforms with the
highest volume of passenger traffic.
[(B) Not later than 4 years after such date,
throughout the rail system.
[(2) Access of wireless providers to system for
upgrades and maintenance.--No amounts may be provided
to the Transit Authority pursuant to the authorization
under this section unless the Transit Authority ensures
that each licensed wireless provider who provides
service to the public within the rail system pursuant
to paragraph (1) has access to the system on an ongoing
basis (subject to such restrictions as the Transit
Authority may impose to ensure that such access will
not unduly impact rail operations or threaten the
safety of customers or employees of the rail system) to
carry out emergency repairs, routine maintenance, and
upgrades to the service.
[(3) Permitting reasonable and customary charges.--
Nothing in this subsection may be construed to prohibit
the Transit Authority from requiring a licensed
wireless provider to pay reasonable and customary
charges for access granted under this subsection.
[(4) Reports.--Not later than 1 year after the date
of the enactment of this Act, and each of the 3 years
thereafter, the Transit Authority shall submit to the
Committee on Oversight and Government Reform of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a
report on the implementation of this subsection.
[(5) Definition.--In this subsection, the term
``licensed wireless provider'' means any provider of
wireless services who is operating pursuant to a
Federal license to offer such services to the public
for profit.
[(f) Amount.--There are authorized to be appropriated to the
Secretary of Transportation for grants under this section an
aggregate amount not to exceed $1,500,000,000 to be available
in increments over 10 fiscal years beginning in fiscal year
2009, or until expended.]
(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, 2022, 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 consulted with any modifications to the
Code of Ethics by the Board.
(e) Authorizations.--
(1) In general.--There are authorized to be
appropriated to the Secretary of Transportation for
grants under this section--
(A) for fiscal year 2022, $150,000,000;
(B) for fiscal year 2023, $155,000,000;
(C) for fiscal year 2024, $160,000,000;
(D) for fiscal year 2025, $165,000,000;
(E) for fiscal year 2026, $170,000,000;
(F) for fiscal year 2027, $175,000,000;
(G) for fiscal year 2028, $180,000,000;
(H) for fiscal year 2029, $185,000,000;
(I) for fiscal year 2030, $190,000,000; and
(J) for fiscal year 2031, $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.
[(g)] (f) Availability.--Amounts appropriated pursuant to the
authorization under this section shall remain available until
expended.
----------
REAL ID ACT OF 2005
* * * * * * *
DIVISION B--REAL ID ACT OF 2005
* * * * * * *
TITLE II--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS
* * * * * * *
SEC. 202. MINIMUM REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL
RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of
the enactment of this division, a Federal agency may
not accept, for any official purpose, [a driver's
license or identification card] a physical or digital
driver's license or identification card issued by a
State to any person unless the State is meeting the
requirements of this section.
(2) State certifications.--The Secretary shall
determine whether a State is meeting the requirements
of this section based on certifications made by the
State to the Secretary. Such certifications shall be
made at such times and in such manner as the Secretary
may prescribe by regulation.
(3) Limitation.--The presentation of digital
information from a mobile or digital driver's license
or identification card to an official of a Federal
agency for an official purpose may not be construed to
grant consent for such Federal agency to seize the
electronic device on which the license or card is
stored or to examine any other information contained on
such device.
(b) Minimum Driver's License and Identification Card
Requirements.--To meet the requirements of this section, a
State shall include, at a minimum, the following information
and features on, or as part of, each driver's license and
identification card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification
card number.
(5) A digital photograph of the person, which may be
the photograph taken by the State at the time the
person applies for a driver's license or identification
card or may be a digital photograph of the person that
is already on file with the State.
(6) The person's address of principal residence.
(7) The person's signature.
(8) Security features designed to prevent tampering,
counterfeiting, or duplication of the driver's license
or identification card for fraudulent purposes.
(9) A common machine-readable technology, with
defined minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this
section, a State shall require, at a minimum,
presentation and verification of the following
information before issuing a driver's license or
identification card to a person:
(A) A photo identity document, except that a
non-photo identity document is acceptable if it
includes both the person's full legal name and
date of birth.
(B) Documentation showing the person's date
of birth.
(C) The person's social security account
number or verification that the person is not
eligible for a social security account number.
(D) Documentation showing the person's name
and address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of
this section, a State shall comply with the
minimum standards of this paragraph.
(B) Evidence of lawful status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid
documentary evidence that the person--
(i) is a citizen or national of the
United States;
(ii) is an alien lawfully admitted
for permanent or temporary residence in
the United States;
(iii) has conditional permanent
resident status in the United States;
(iv) has an approved application for
asylum in the United States or has
entered into the United States in
refugee status;
(v) has a valid, unexpired
nonimmigrant visa or nonimmigrant visa
status for entry into the United
States;
(vi) has a pending application for
asylum in the United States;
(vii) has a pending or approved
application for temporary protected
status in the United States;
(viii) has approved deferred action
status;
(ix) has a pending application for
adjustment of status to that of an
alien lawfully admitted for permanent
residence in the United States or
conditional permanent resident status
in the United States; or
(x) is a citizen of the Republic of
the Marshall Islands, the Federated
States of Micronesia, or the Republic
of Palau who has been admitted to the
United States as a nonimmigrant
pursuant to a Compact of Free
Association between the United States
and the Republic or Federated States.
(C) Temporary drivers' licenses and
identification cards.--
(i) In general.--If a person presents
evidence under any of clauses (v)
through (ix) of subparagraph (B), the
State may only issue a temporary
driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary
driver's license or temporary
identification card issued pursuant to
this subparagraph shall be valid only
during the period of time of the
applicant's authorized stay in the
United States or, if there is no
definite end to the period of
authorized stay, a period of one year.
(iii) Display of expiration date.--A
temporary driver's license or temporary
identification card issued pursuant to
this subparagraph shall clearly
indicate that it is temporary and shall
state the date on which it expires.
(iv) Renewal.--A temporary driver's
license or temporary identification
card issued pursuant to this
subparagraph may be renewed only upon
presentation of valid documentary
evidence that the status by which the
applicant qualified for the temporary
driver's license or temporary
identification card has been extended
by the Secretary of Homeland Security.
(3) Electronic presentation of identity and lawful
status information.--A State may accept information
required under paragraphs (1) and (2) through the use
of electronic transmission methods if--
(A) the Secretary issues regulations
regarding such electronic transmission that--
(i) describe the categories of
information eligible for electronic
transmission; and
(ii) include measures--
(I) to ensure the
authenticity of the information
transmitted;
(II) to protect personally
identifiable information; and
(III) to detect and prevent
identity fraud; and
(B) the State certifies to the Department of
Homeland Security that its use of such
electronic methods complies with regulations
issued by the Secretary.
(4) Verification of documents.--To meet the
requirements of this section, a State shall implement
the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State
shall verify, with the issuing agency, the
issuance, validity, and completeness of the
information and documentation required to be
presented by the person under paragraph (1) or
(2).
(B) The State shall not accept any foreign
document, other than an official passport, to
satisfy a requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the
State shall enter into a memorandum of
understanding with the Secretary of Homeland
Security to routinely utilize the automated
system known as Systematic Alien Verification
for Entitlements, as provided for by section
404 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (110 Stat.
3009-664), to verify the legal presence status
of a person, other than a United States
citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of
identity source documents so that the images can be
retained in electronic storage in a transferable
format.
(2) Retain paper copies of source documents for a
minimum of 7 years or images of source documents
presented for a minimum of 10 years.
(3) Subject each person applying for a driver's
license or identification card to mandatory facial
image capture.
(4) Establish an effective procedure to confirm or
verify a renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person
using the full social security account number. In the
event that a social security account number is already
registered to or associated with another person to
which any State has issued a driver's license or
identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or
identification card to a person holding a driver's
license issued by another State without confirmation
that the person is terminating or has terminated the
driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced
and the security of materials, records, and data from
which drivers' licenses and identification cards are
produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate background checks.
(9) Establish fraud detection and prevention training
programs for appropriate employees engaged in the
issuance of drivers' licenses and identification cards.
(10) Limit the period of validity of all driver's
licenses and identification cards that are not
temporary to a period that does not exceed 8 years.
(11) In any case in which the State issues a driver's
license or identification card that does not satisfy
the requirements of this section, ensure that such
license or identification card--
(A) clearly states on its face that it may
not be accepted by any Federal agency for
federal identification or any other official
purpose; and
(B) uses a unique design or color indicator
to alert Federal agency and other law
enforcement personnel that it may not be
accepted for any such purpose.
(12) Provide electronic access to all other States to
information contained in the motor vehicle database of
the State.
(13) Maintain a State motor vehicle database that
contains, at a minimum--
(A) all data fields printed on drivers'
licenses and identification cards issued by the
State; and
(B) motor vehicle drivers' histories,
including motor vehicle violations,
suspensions, and points on licenses.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 47--FRAUD AND FALSE STATEMENTS
* * * * * * *
Sec. 1028. Fraud and related activity in connection with identification
documents, authentication features, and information
(a) Whoever, in a circumstance described in subsection (c) of
this section--
(1) knowingly and without lawful authority produces
an identification document, authentication feature, or
a false identification document;
(2) knowingly transfers an identification document,
authentication feature, or a false identification
document knowing that such document or feature was
stolen or produced without lawful authority;
(3) knowingly possesses with intent to use unlawfully
or transfer unlawfully five or more identification
documents (other than those issued lawfully for the use
of the possessor), authentication features, or false
identification documents;
(4) knowingly possesses an identification document
(other than one issued lawfully for the use of the
possessor), authentication feature, or a false
identification document, with the intent such document
or feature be used to defraud the United States;
(5) knowingly produces, transfers, or possesses a
document-making implement or authentication feature
with the intent such document-making implement or
authentication feature will be used in the production
of a false identification document or another document-
making implement or authentication feature which will
be so used;
(6) knowingly possesses an identification document or
authentication feature that is or appears to be an
identification document or authentication feature of
the United States or a sponsoring entity of an event
designated as a special event of national significance
which is stolen or produced without lawful authority
knowing that such document or feature was stolen or
produced without such authority;
(7) knowingly transfers, possesses, or uses, without
lawful authority, a means of identification of another
person with the intent to commit, or to aid or abet, or
in connection with, any unlawful activity that
constitutes a violation of Federal law, or that
constitutes a felony under any applicable State or
local law; or
(8) knowingly traffics in false or actual
authentication features for use in false identification
documents, document-making implements, or means of
identification;
shall be punished as provided in subsection (b) of this
section.
(b) The punishment for an offense under subsection (a) of
this section is--
(1) except as provided in paragraphs (3) and (4), a
fine under this title or imprisonment for not more than
15 years, or both, if the offense is--
(A) the production or transfer of an
identification document, authentication
feature, or false identification document that
is or appears to be--
(i) an identification document or
authentication feature issued by or
under the authority of the United
States; or
(ii) a birth certificate, or a
driver's license or personal
identification card;
(B) the production or transfer of more than
five identification documents, authentication
features, or false identification documents;
(C) an offense under paragraph (5) of such
subsection; or
(D) an offense under paragraph (7) of such
subsection that involves the transfer,
possession, or use of 1 or more means of
identification if, as a result of the offense,
any individual committing the offense obtains
anything of value aggregating $1,000 or more
during any 1-year period;
(2) except as provided in paragraphs (3) and (4), a
fine under this title or imprisonment for not more than
5 years, or both, if the offense is--
(A) any other production, transfer, or use of
a means of identification, an identification
document,, authentication feature, or a false
identification document; or
(B) an offense under paragraph (3) or (7) of
such subsection;
(3) a fine under this title or imprisonment for not
more than 20 years, or both, if the offense is
committed--
(A) to facilitate a drug trafficking crime
(as defined in section 929(a)(2));
(B) in connection with a crime of violence
(as defined in section 924(c)(3)); or
(C) after a prior conviction under this
section becomes final;
(4) a fine under this title or imprisonment for not
more than 30 years, or both, if the offense is
committed to facilitate an act of domestic terrorism
(as defined under section 2331(5) of this title) or an
act of international terrorism (as defined in section
2331(1) of this title);
(5) in the case of any offense under subsection (a),
forfeiture to the United States of any personal
property used or intended to be used to commit the
offense; and
(6) a fine under this title or imprisonment for not
more than one year, or both, in any other case.
(c) The circumstance referred to in subsection (a) of this
section is that--
(1) the identification document, authentication
feature, or false identification document is or appears
to be issued by or under the authority of the United
States or a sponsoring entity of an event designated as
a special event of national significance or the
document-making implement is designed or suited for
making such an identification document, authentication
feature, or false identification document;
(2) the offense is an offense under subsection (a)(4)
of this section; or
(3) either--
(A) the production, transfer, possession, or
use prohibited by this section is in or affects
interstate or foreign commerce, including the
transfer of a document by electronic means; or
(B) the means of identification,
identification document, false identification
document, or document-making implement is
transported in the mail in the course of the
production, transfer, possession, or use
prohibited by this section.
(d) In this section and section 1028A--
(1) the term ``authentication feature'' means any
hologram, watermark, certification, symbol, code,
image, sequence of numbers or letters, or other feature
that either individually or in combination with another
feature is used by the issuing authority on an
identification document, document-making implement, or
means of identification to determine if the document is
counterfeit, altered, or otherwise falsified;
(2) the term ``document-making implement'' means any
implement, impression, template, computer file,
computer disc, electronic device, or computer hardware
or software, that is specifically configured or
primarily used for making an identification document, a
false identification document, or another document-
making implement;
(3) the term ``identification document'' means a
document made or issued by or under the authority of
the United States Government, a State, political
subdivision of a State, a sponsoring entity of an event
designated as a special event of national significance,
a foreign government, political subdivision of a
foreign government, an international governmental or an
international quasi-governmental organization which,
when completed with information concerning a particular
individual, is of a type intended or commonly accepted
for the purpose of identification of individuals;
(4) the term ``false identification document'' means
a document of a type intended or commonly accepted for
the purposes of identification of individuals that--
(A) is not issued by or under the authority
of a governmental entity or was issued under
the authority of a governmental entity but was
subsequently altered for purposes of deceit;
and
(B) appears to be issued by or under the
authority of the United States Government, a
State, a political subdivision of a State, a
sponsoring entity of an event designated by the
President as a special event of national
significance, a foreign government, a political
subdivision of a foreign government, or an
international governmental or quasi-
governmental organization;
(5) the term ``false authentication feature'' means
an authentication feature that--
(A) is genuine in origin, but, without the
authorization of the issuing authority, has
been tampered with or altered for purposes of
deceit;
(B) is genuine, but has been distributed, or
is intended for distribution, without the
authorization of the issuing authority and not
in connection with a lawfully made
identification document, document-making
implement, or means of identification to which
such authentication feature is intended to be
affixed or embedded by the respective issuing
authority; or
(C) appears to be genuine, but is not;
(6) the term ``issuing authority''--
(A) means any governmental entity or agency
that is authorized to issue identification
documents, means of identification, or
authentication features; and
(B) includes the United States Government, a
State, a political subdivision of a State, a
sponsoring entity of an event designated by the
President as a special event of national
significance, a foreign government, a political
subdivision of a foreign government, or an
international government or quasi-governmental
organization;
(7) the term ``means of identification'' means any
name or number that may be used, alone or in
conjunction with any other information, to identify a
specific individual, including any--
(A) name, social security number, date of
birth, official State or [government issued
driver's license] government issued physical or
digital driver's license or identification
number, alien registration number, government
passport number, employer or taxpayer
identification number;
(B) unique biometric data, such as
fingerprint, voice print, retina or iris image,
or other unique physical representation;
(C) unique electronic identification number,
address, or routing code; or
(D) telecommunication identifying information
or access device (as defined in section
1029(e));
(8) the term ``personal identification card'' means
an identification document issued by a State or local
government solely for the purpose of identification;
(9) the term ``produce'' includes alter,
authenticate, or assemble;
(10) the term ``transfer'' includes selecting an
identification document, false identification document,
or document-making implement and placing or directing
the placement of such identification document, false
identification document, or document-making implement
on an online location where it is available to others;
(11) the term ``State'' includes any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any other
commonwealth, possession, or territory of the United
States; and
(12) the term ``traffic'' means--
(A) to transport, transfer, or otherwise
dispose of, to another, as consideration for
anything of value; or
(B) to make or obtain control of with intent
to so transport, transfer, or otherwise dispose
of.
(e) This section does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a
political subdivision of a State, or of an intelligence agency
of the United States, or any activity authorized under chapter
224 of this title.
(f) Attempt and Conspiracy.--Any person who attempts or
conspires to commit any offense under this section shall be
subject to the same penalties as those prescribed for the
offense, the commission of which was the object of the attempt
or conspiracy.
(g) Forfeiture Procedures.--The forfeiture of property under
this section, including any seizure and disposition of the
property and any related judicial or administrative proceeding,
shall be governed by the provisions of section 413 (other than
subsection (d) of that section) of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 853).
(h) Forfeiture; Disposition.--In the circumstance in which
any person is convicted of a violation of subsection (a), the
court shall order, in addition to the penalty prescribed, the
forfeiture and destruction or other disposition of all illicit
authentication features, identification documents, document-
making implements, or means of identification.
(i) Rule of Construction.--For purpose of subsection (a)(7),
a single identification document or false identification
document that contains 1 or more means of identification shall
be construed to be 1 means of identification.
* * * * * * *
----------
FAA MODERNIZATION AND REFORM ACT OF 2012
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``FAA
Modernization and Reform Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
Subtitle B--Essential Air Service
* * * * * * *
TITLE VIII--MISCELLANEOUS
* * * * * * *
[Sec. 828. Air transportation of lithium cells and batteries.]
* * * * * * *
TITLE VIII--MISCELLANEOUS
* * * * * * *
[SEC. 828. AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.
[(a) In General.--The Secretary of Transportation, including
a designee of the Secretary, may not issue or enforce any
regulation or other requirement regarding the transportation by
aircraft of lithium metal cells or batteries or lithium ion
cells or batteries, whether transported separately or packed
with or contained in equipment, if the requirement is more
stringent than the requirements of the ICAO Technical
Instructions.
[(b) Exceptions.--
[(1) Passenger carrying aircraft.--Notwithstanding
subsection (a), the Secretary may enforce the
prohibition on transporting primary (non-rechargeable)
lithium batteries and cells aboard passenger carrying
aircraft set forth in special provision A100 under
section 172.102(c)(2) of title 49, Code of Federal
Regulations (as in effect on the date of enactment of
this Act).
[(2) Credible reports.--Notwithstanding subsection
(a), if the Secretary obtains a credible report with
respect to a safety incident from a national or
international governmental regulatory or investigating
body that demonstrates that the presence of lithium
metal cells or batteries or lithium ion cells or
batteries on an aircraft, whether transported
separately or packed with or contained in equipment, in
accordance with the requirements of the ICAO Technical
Instructions, has substantially contributed to the
initiation or propagation of an onboard fire, the
Secretary--
[(A) may issue and enforce an emergency
regulation, more stringent than the
requirements of the ICAO Technical
Instructions, that governs the transportation
by aircraft of such cells or batteries, if that
regulation--
[(i) addresses solely deficiencies
referenced in the report; and
[(ii) is effective for not more than
1 year; and
[(B) may adopt and enforce a permanent
regulation, more stringent than the
requirements of the ICAO Technical
Instructions, that governs the transportation
by aircraft of such cells or batteries, if--
[(i) the Secretary bases the
regulation upon substantial credible
evidence that the otherwise permissible
presence of such cells or batteries
would substantially contribute to the
initiation or propagation of an onboard
fire;
[(ii) the regulation addresses solely
the deficiencies in existing
regulations; and
[(iii) the regulation imposes the
least disruptive and least expensive
variation from existing requirements
while adequately addressing identified
deficiencies.
[(c) ICAO Technical Instructions Defined.--In this section,
the term ``ICAO Technical Instructions'' means the
International Civil Aviation Organization Technical
Instructions for the Safe Transport of Dangerous Goods by Air
(as amended, including amendments adopted after the date of
enactment of this Act).]
* * * * * * *
----------
FAA REAUTHORIZATION ACT OF 2018
* * * * * * *
DIVISION B--FAA REAUTHORIZATION ACT OF 2018
* * * * * * *
TITLE III--SAFETY
Subtitle A--General Provisions
* * * * * * *
SEC. 333. SAFE AIR TRANSPORTATION OF LITHIUM CELLS AND BATTERIES.
(a) Harmonization With ICAO Technical Instructions.--
(1) Adoption of icao instructions.--
[(A) In general.--] [Pursuant to section 828
of the FAA Modernization and Reform Act of 2012
(49 U.S.C. 44701 note), not later than 90 days
after the date of enactment of this Act, the
Secretary] The Secretary of Transportation
shall conform United States regulations on the
air transport of lithium cells and batteries
with the lithium cells and battery requirements
in the 2015-2016 edition of the International
Civil Aviation Organization's (referred to in
this subsection as ``ICAO'') Technical
Instructions (to include all addenda),
including the revised standards adopted by ICAO
which became effective on April 1, 2016 and any
further revisions adopted by ICAO prior to the
effective date of the FAA Reauthorization Act
of 2018.
[(B) Further proceedings.--Beginning on the
date the revised regulations under subparagraph
(A) are published in the Federal Register, any
lithium cell and battery rulemaking action or
update commenced on or after that date shall
continue to comply with the requirements under
section 828 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44701 note).]
(2) Review of other regulations.--[Pursuant to
section 828 of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 44701 note), the Secretary] The
Secretary of Transportation may initiate a review of
other existing regulations regarding the air
transportation, including passenger-carrying and cargo
aircraft, of lithium batteries and cells.
(b) Medical Device Batteries.--
(1) In general.--For United States applicants, the
Secretary of Transportation shall consider and either
grant or deny, not later than 45 days after receipt of
an application, an application submitted in compliance
with part 107 of title 49, Code of Federal Regulations,
for special permits or approvals for air transportation
of lithium ion cells or batteries specifically used by
medical devices. Not later than 30 days after the date
of application, the Pipeline and Hazardous Materials
Safety Administration shall provide a draft special
permit to the Federal Aviation Administration based on
the application. The Federal Aviation Administration
shall conduct an on-site inspection for issuance of the
special permit not later than 20 days after the date of
receipt of the draft special permit from the Pipeline
and Hazardous Materials Safety Administration.
(2) Limited exceptions to restrictions on air
transportation of medical device batteries.--The
Secretary shall issue limited exceptions to the
restrictions on transportation of lithium ion and
lithium metal batteries to allow the shipment on a
passenger aircraft of not more than 2 replacement
batteries specifically used for a medical device if--
(A) the intended destination of the batteries
is not serviced daily by cargo aircraft if a
battery is required for medically necessary
care; and
(B) with regard to a shipper of lithium ion
or lithium metal batteries for medical devices
that cannot comply with a charge limitation in
place at the time, each battery is--
(i) individually packed in an inner
packaging that completely encloses the
battery;
(ii) placed in a rigid outer
packaging; and
(iii) protected to prevent a short
circuit.
(3) Medial device defined.--ln this subsection, the
term ``medical device'' means an instrument, apparatus,
implement, machine, contrivance, implant, or in vitro
reagent, including any component, part, or accessory
thereof, which is intended for use in the diagnosis of
disease or other conditions, or in the cure,
mitigation, treatment, or prevention of disease, of a
person.
[(4) Savings clause.--Nothing in this subsection
shall be construed as expanding or constricting any
other authority the Secretary of Transportation has
under section 828 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 44701 note).]
(c) Lithium Battery Safety Working Group.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary of
Transportation shall establish a lithium battery safety
working group (referred to as the ``working group'' in
this section) to promote and coordinate efforts related
to the promotion of the safe manufacture, use, and
transportation of lithium batteries and cells.
(2) Duties.--The working group shall coordinate and
facilitate the transfer of knowledge and expertise
among the following Federal agencies:
(A) The Department of Transportation.
(B) The Consumer Product Safety Commission.
(C) The National Institute on Standards and
Technology.
(D) The Food and Drug Administration.
(3) Members.--The Secretary shall appoint not more
than 8 members to the working group with expertise in
the safe manufacture, use, or transportation of lithium
batteries and cells.
(4) Subcommittees.--The Secretary, or members of the
working group, may--
(A) establish working group subcommittees to
focus on specific issues related to the safe
manufacture, use, or transportation of lithium
batteries and cells; and
(B) include in a subcommittee the
participation of nonmember stakeholders with
expertise in areas that the Secretary or
members consider necessary.
(5) Report.--Not later than 1 year after the date it
is established, the working group shall--
(A) identify and assess--
(i) additional ways to decrease the
risk of fires and explosions from
lithium batteries and cells;
(ii) additional ways to ensure
uniform transportation requirements for
both bulk and individual batteries; and
(iii) new or existing technologies
that may reduce the fire and explosion
risk of lithium batteries and cells;
and
(B) transmit to the appropriate committees of
Congress a report on the assessments conducted
under subparagraph (A), including any
legislative recommendations to effectuate the
safety improvements described in clauses (i)
through (iii) of that subparagraph.
(6) Termination.--The working group, and any working
group subcommittees, shall terminate 90 days after the
date the report is transmitted under paragraph (5).
(d) Lithium Battery Air Safety Advisory Committee.--
(1) Establishment.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall
establish, in accordance with the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.), a
lithium ion and lithium metal battery air safety
advisory committee (in this subsection referred to as
the ``Committee'').
(2) Duties.--The Committee shall--
(A) facilitate communication between
manufacturers of lithium ion and lithium metal
cells and batteries, manufacturers of products
incorporating both large and small lithium ion
and lithium metal batteries, air carriers, and
the Federal Government regarding the safe air
transportation of lithium ion and lithium metal
cells and batteries and the effectiveness and
economic and social impacts of the regulation
of such transportation;
(B) provide the Secretary, the Federal
Aviation Administration, and the Pipeline and
Hazardous Materials Safety Administration with
timely information about new lithium ion and
lithium metal battery technology and
transportation safety practices and
methodologies;
(C) provide a forum for the Secretary to
provide information on and to discuss the
activities of the Department of Transportation
relating to lithium ion and lithium metal
battery transportation safety, the policies
underlying the activities, and positions to be
advocated in international forums;
(D) provide a forum for the Secretary to
provide information and receive advice on--
(i) activities carried out throughout
the world to communicate and enforce
relevant United States regulations and
the ICAO Technical Instructions; and
(ii) the effectiveness of the
activities;
(E) provide advice and recommendations to the
Secretary with respect to lithium ion and
lithium metal battery air transportation
safety, including how best to implement
activities to increase awareness of relevant
requirements and their importance to travelers
and shippers; and
(F) review methods to decrease the risk posed
by air shipment of undeclared hazardous
materials and efforts to educate those who
prepare and offer hazardous materials for
shipment via air transport.
(3) Membership.--The Committee shall be composed of
the following members:
(A) Individuals appointed by the Secretary to
represent--
(i) large volume manufacturers of
lithium ion and lithium metal cells and
batteries;
(ii) domestic manufacturers of
lithium ion and lithium metal batteries
or battery packs;
(iii) manufacturers of consumer
products powered by lithium ion and
lithium metal batteries;
(iv) manufacturers of vehicles
powered by lithium ion and lithium
metal batteries;
(v) marketers of products powered by
lithium ion and lithium metal
batteries;
(vi) cargo air service providers
based in the United States;
(vii) passenger air service providers
based in the United States;
(viii) pilots and employees of air
service providers described in clauses
(vi) and (vii);
(ix) shippers of lithium ion and
lithium metal batteries for air
transportation;
(x) manufacturers of battery-powered
medical devices or batteries used in
medical devices; and
(xi) employees of the Department of
Transportation, including employees of
the Federal Aviation Administration and
the Pipeline and Hazardous Materials
Safety Administration.
(B) Representatives of such other Government
departments and agencies as the Secretary
determines appropriate.
(C) Any other individuals the Secretary
determines are appropriate to comply with
Federal law.
(4) Report.--
(A) In general.--Not later than 180 days
after the establishment of the Committee, the
Committee shall submit to the Secretary and the
appropriate committees of Congress a report
that--
(i) describes and evaluates the steps
being taken in the private sector and
by international regulatory authorities
to implement and enforce requirements
relating to the safe transportation by
air of bulk shipments of lithium ion
cells and batteries; and
(ii) identifies any areas of
enforcement or regulatory requirements
for which there is consensus that
greater attention is needed.
(B) Independent statements.--Each member of
the Committee shall be provided an opportunity
to submit an independent statement of views
with the report submitted pursuant to
subparagraph (A).
(5) Meetings.--
(A) In general.--The Committee shall meet at
the direction of the Secretary and at least
twice a year.
(B) Preparation for icao meetings.--
Notwithstanding subparagraph (A), the Secretary
shall convene a meeting of the Committee in
connection with and in advance of each meeting
of the International Civil Aviation
Organization, or any of its panels or working
groups, addressing the safety of air
transportation of lithium ion and lithium metal
batteries to brief Committee members on
positions to be taken by the United States at
such meeting and provide Committee members a
meaningful opportunity to comment.
(6) Termination.--The Committee shall terminate on
the date that is 6 years after the date on which the
Committee is established.
(7) Termination of future of aviation advisory
committee.--The Future of Aviation Advisory Committee
shall terminate on the date on which the lithium ion
battery air safety advisory committee is established.
(e) Cooperative Efforts to Ensure Compliance With Safety
Regulations.--
(1) In general.--The Secretary of Transportation, in
coordination with appropriate Federal agencies, shall
carry out cooperative efforts to ensure that shippers
who offer lithium ion and lithium metal batteries for
air transport to or from the United States comply with
U.S. Hazardous Materials Regulations and ICAO Technical
Instructions.
(2) Cooperative efforts.--The cooperative efforts the
Secretary shall carry out pursuant to paragraph (1)
include the following:
(A) Encouraging training programs at
locations outside the United States from which
substantial cargo shipments of lithium ion or
lithium metal batteries originate for
manufacturers, freight forwarders, and other
shippers and potential shippers of lithium ion
and lithium metal batteries.
(B) Working with Federal, regional, and
international transportation agencies to ensure
enforcement of U.S. Hazardous Materials
Regulations and ICAO Technical Instructions
with respect to shippers who offer noncompliant
shipments of lithium ion and lithium metal
batteries.
(C) Sharing information, as appropriate, with
Federal, regional, and international
transportation agencies regarding noncompliant
shipments.
(D) Pursuing a joint effort with the
international aviation community to develop a
process to obtain assurances that appropriate
enforcement actions are taken to reduce the
likelihood of noncompliant shipments,
especially with respect to jurisdictions in
which enforcement activities historically have
been limited.
(E) Providing information in brochures and on
the internet in appropriate foreign languages
and dialects that describes the actions
required to comply with U.S. Hazardous
Materials Regulations and ICAO Technical
Instructions.
(F) Developing joint efforts with the
international aviation community to promote a
better understanding of the requirements of and
methods of compliance with U.S. Hazardous
Materials Regulations and ICAO Technical
Instructions.
(3) Reporting.--Not later than 120 days after the
date of enactment of this Act, and annually thereafter
for 2 years, the Secretary shall submit to the
appropriate committees of Congress a report on
compliance with the policy set forth in subsection (e)
and the cooperative efforts carried out, or planned to
be carried out, under this subsection.
(f) Packaging Improvements.--Not later than 180 days after
the date of enactment of this Act, the Secretary, in
consultation with interested stakeholders, shall submit to the
appropriate committees of Congress an evaluation of current
practices for the packaging of lithium ion batteries and cells
for air transportation, including recommendations, if any, to
improve the packaging of such batteries and cells for air
transportation in a safe, efficient, and cost-effective manner.
(g) Department of Transportation Policy on International
Representation.--
(1) In general.--It shall be the policy of the
Department of Transportation to support the
participation of industry and labor stakeholders in all
panels and working groups of the dangerous goods panel
of the ICAO and any other international test or
standard setting organization that considers proposals
on the safety or transportation of lithium ion and
lithium metal batteries in which the United States
participates.
(2) Participation.--The Secretary of Transportation
shall request that as part of the ICAO deliberations in
the dangerous goods panel on these issues, that
appropriate experts on issues under consideration be
allowed to participate.
(h) Definitions.--In this section, the following definitions
apply:
[(1) ICAO technical instructions.--The term ``ICAO
Technical Instructions'' has the meaning given that
term in section 828(c) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 44701 note).]
(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.
(2) U.S. hazardous materials regulations.--The term
``U.S. Hazardous Materials Regulations'' means the
regulations in parts 100 through 177 of title 49, Code
of Federal Regulations (including amendments adopted
after the date of enactment of this Act).
* * * * * * *
----------
RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976
* * * * * * *
TITLE V--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
* * * * * * *
SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.
(a) General Authority.--The Secretary shall provide direct
loans and loan guarantees to--
(1) State and local governments;
(2) interstate compacts consented to by Congress
under section 410(a) of the Amtrak Reform and
Accountability Act of 1997 (49 U.S.C. 24101 note);
(3) government sponsored authorities and
corporations;
(4) railroads;
(5) joint ventures that include at least 1 of the
entities described in paragraph (1), (2), (3), (4), or
(6); and
(6) solely for the purpose of constructing a rail
connection between a plant or facility and a railroad,
limited option freight shippers that own or operate a
plant or other facility.
(b) Eligible Purposes.--
(1) In general.--Direct loans and loan guarantees
under this section shall be used to--
(A) acquire, improve, or rehabilitate
intermodal or rail equipment or facilities,
including track, components of track, civil
works such as cuts and fills, stations,
tunnels, bridges, yards, buildings, and shops,
and costs related to these activities,
including pre-construction costs;
(B) refinance outstanding debt incurred for
the purposes described in subparagraph (A) or
(C);
(C) develop or establish new intermodal or
railroad facilities;
(D) reimburse planning, permitting, and
design expenses relating to activities
described in subparagraph (A) or (C); or
(E) finance economic development, including
commercial and residential development, and
related infrastructure and activities, that--
(i) incorporates private investment;
(ii) is physically or functionally
related to a passenger rail station or
multimodal station that includes rail
service;
(iii) has a high probability of the
applicant commencing the contracting
process for construction not later than
90 days after the date on which the
direct loan or loan guarantee is
obligated for the project under this
title; and
(iv) has a high probability of
reducing the need for financial
assistance under any other Federal
program for the relevant passenger rail
station or service by increasing
ridership, tenant lease payments, or
other activities that generate revenue
exceeding costs.
(2) Operating expenses not eligible.--Direct loans
and loan guarantees under this section shall not be
used for railroad operating expenses.
[(3) Sunset.--The Secretary may provide a direct loan
or loan guarantee under this section for a project
described in paragraph (1)(E) until September 30,
2021.]
(c) Priority Projects.--In granting applications for direct
loans or guaranteed loans under this section, the Secretary
shall give priority to projects that--
(1) enhance public safety, including projects for the
installation of a positive train control system (as
defined in section 20157(i) of title 49, United States
Code);
(2) promote economic development;
(3) enhance the environment;
(4) enable United States companies to be more
competitive in international markets;
(5) are endorsed by the plans prepared under section
135 of title 23 or chapter 227 of title 49, United
States Code, by the State or States in which they are
located;
(6) improve railroad stations and passenger
facilities and increase transit-oriented development;
(7) preserve or enhance rail or intermodal service to
small communities or rural areas;
(8) enhance service and capacity in the national rail
system; or
(9) would materially alleviate rail capacity problems
which degrade the provision of service to shippers and
would fulfill a need in the national transportation
system.
(d) Extent of Authority.--The aggregate unpaid principal
amounts of obligations under direct loans and loan guarantees
made under this section shall not exceed $35,000,000,000 at any
one time. Of this amount, not less than $7,000,000,000 shall be
available solely for projects primarily benefiting freight
railroads other than Class I carriers. The Secretary shall not
establish any limit on the proportion of the unused amount
authorized under this subsection that may be used for 1 loan or
loan guarantee.
(e) Rates of Interest.--
[(1) Direct loans.--The Secretary shall require
interest to be paid on a direct loan made under this
section at a rate not less than that necessary to
recover the cost of making the loan.]
(1) Direct loans.--The interest rate on a direct loan
under this section shall be not less than the yield on
United States Treasury securities of a similar maturity
to the maturity of the direct loan on the date of
execution of the loan agreement.
(2) Loan guarantees.--The Secretary shall not make a
loan guarantee under this section if the interest rate
for the loan exceeds that which the Secretary
determines to be reasonable, taking into consideration
the prevailing interest rates and customary fees
incurred under similar obligations in the private
capital market.
(f) Infrastructure Partners.--
(1) Authority of secretary.--In lieu of or in
combination with appropriations of budget authority to
cover the costs of direct loans and loan guarantees as
required under section 504(b)(1) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the
cost of a modification thereof, the Secretary may
accept on behalf of an applicant for assistance under
this section a commitment from a non-Federal source,
including a State or local government or agency or
public benefit corporation or public authority thereof,
to fund in whole or in part credit risk premiums and
modification costs with respect to the loan that is the
subject of the application or modification. In no event
shall the aggregate of appropriations of budget
authority and credit risk premiums described in this
paragraph with respect to a direct loan or loan
guarantee be less than the cost of that direct loan or
loan guarantee. The Secretary shall only apply
appropriations of budget authority to cover the costs
of direct loans and loan guarantees as required under
section 504(b)(1) of the Federal Credit Reform Act of
1990 (2 U.S.C. 661c(b)(1)), including the cost of a
modification thereof, in whole or in part, for entities
described in paragraphs (1) through (3) of subsection
(a).
(2) Credit risk premium amount.--The Secretary shall
determine the amount required for credit risk premiums
under this subsection on the basis of--
(A) the circumstances of the applicant,
including the amount of collateral offered, if
any;
(B) the proposed schedule of loan
disbursements;
(C) historical data on the repayment history
of similar borrowers;
(D) consultation with the Congressional
Budget Office; and
(E) any other factors the Secretary considers
relevant.
(3) Creditworthiness.--An applicant may propose and
the Secretary shall accept as a basis for determining
the amount of the credit risk premium under paragraph
(2) any of the following in addition to the value of
any tangible asset:
(A) The net present value of a future stream
of State or local subsidy income or other
dedicated revenues to secure the direct loan or
loan guarantee.
(B) Adequate coverage requirements to ensure
repayment, on a non-recourse basis, from cash
flows generated by the project or any other
dedicated revenue source, including--
(i) tolls;
(ii) user fees; or
(iii) payments owing to the obligor
under a public-private partnership.
[(C) An investment-grade rating on the direct
loan or loan guarantee, as applicable, except
that if the total amount of the direct loan or
loan guarantee is greater than $75,000,000, the
applicant shall have an investment-grade rating
from at least 2 rating agencies on the direct
loan or loan guarantee.]
(C) An investment-grade rating on the direct
loan or loan guarantee, as applicable, if the
total amount of the direct loan or loan
guarantee is less than $100,000,000.
(D) In the case of a total amount of a direct
loan or loan guarantee greater than
$100,000,000, an investment-grade rating from
at least 2 rating agencies on the direct loan
or loan guarantee, or an investment-grade
rating on the direct loan or loan guarantee and
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.
(4) Payment of premiums.--Credit risk premiums under
this subsection shall be paid to the Secretary before
the disbursement of loan amounts (and in the case of a
modification, before the modification is executed), to
the extent appropriations are not available to the
Secretary to meet the costs of direct loans and loan
guarantees, including costs of modifications thereof.
(5) Repayment of credit risk premiums.--The Secretary
shall return credit risk premiums paid, and interest
accrued thereon, to the original source when all
obligations of a loan or loan guarantee have been
satisfied. This paragraph applies to any project that
has been granted assistance under this section after
the date of enactment of the TRAIN Act.
(g) Prerequisites for Assistance.--The Secretary shall not
make a direct loan or loan guarantee under this section unless
the Secretary has made a finding in writing that--
(1) repayment of the obligation is required to be
made within a term of not more than the lesser of--
(A) 35 years after the date of substantial
completion of the project; or
(B) the estimated useful life of the rail
equipment or facilities to be acquired,
rehabilitated, improved, developed, or
established;
(2) the direct loan or loan guarantee is justified by
the present and probable future demand for rail
services or intermodal facilities;
(3) the applicant has given reasonable assurances
that the facilities or equipment to be acquired,
rehabilitated, improved, developed, or established with
the proceeds of the obligation will be economically and
efficiently utilized;
(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and
collateral offered by the applicant to protect the
Federal Government; and
(5) the purposes of the direct loan or loan guarantee
are consistent with subsection (b).
(h) Conditions of Assistance.--(1) The Secretary shall,
before granting assistance under this section, require the
applicant to agree to such terms and conditions as are
sufficient, in the judgment of the Secretary, to ensure that,
as long as any principal or interest is due and payable on such
obligation, the applicant, and any railroad or railroad partner
for whose benefit the assistance is intended--
(A) will not use any funds or assets from railroad or
intermodal operations for purposes not related to such
operations, if such use would impair the ability of the
applicant, railroad, or railroad partner to provide
rail or intermodal services in an efficient and
economic manner, or would adversely affect the ability
of the applicant, railroad, or railroad partner to
perform any obligation entered into by the applicant
under this section;
(B) will, consistent with its capital resources,
maintain its capital program, equipment, facilities,
and operations on a continuing basis; and
(C) will not make any discretionary dividend payments
that unreasonably conflict with the purposes stated in
subsection (b).
(2) The Secretary shall not require an applicant for a direct
loan or loan guarantee under this section to provide
collateral. Any collateral provided or thereafter enhanced
shall be valued as a going concern after giving effect to the
present value of improvements contemplated by the completion
and operation of the project, if applicable. The Secretary
shall not require that an applicant for a direct loan or loan
guarantee under this section have previously sought the
financial assistance requested from another source.
(3) The Secretary shall require recipients of direct loans or
loan guarantees under this section to comply with--
(A) the standards of section 24312 of title 49,
United States Code, as in effect on September 1, 2002,
with respect to the project in the same manner that the
National Railroad Passenger Corporation is required to
comply with such standards for construction work
financed under an agreement made under section 24308(a)
of that title; and
(B) the protective arrangements established under
section 504 of this Act, with respect to employees
affected by actions taken in connection with the
project to be financed by the loan or loan guarantee.
(4) The Secretary shall require each recipient of a direct
loan or loan guarantee under this section for a project
described in subsection (b)(1)(E) to provide a non-Federal
match of not less than 25 percent of the total amount expended
by the recipient for such project.
(i) Application Processing Procedures.--
(1) Application status notices.--Not later than 30
days after the date that the Secretary receives an
application under this section, or additional
information and material under paragraph (2)(B), the
Secretary shall provide the applicant written notice as
to whether the application is complete or incomplete.
(2) Incomplete applications.--If the Secretary
determines that an application is incomplete, the
Secretary shall--
(A) provide the applicant with a description
of all of the specific information or material
that is needed to complete the application,
including any information required by an
independent financial analyst; and
(B) allow the applicant to resubmit the
application with the information and material
described under subparagraph (A) to complete
the application.
(3) Application approvals and disapprovals.--
(A) In general.--Not later than 60 days after
the date the Secretary notifies an applicant
that an application is complete under paragraph
(1), the Secretary shall provide the applicant
written notice as to whether the Secretary has
approved or disapproved the application.
(B) Actions by the office of management and
budget.--In order to enable compliance with the
time limit under subparagraph (A), the Office
of Management and Budget shall take any action
required with respect to the application within
that 60-day period.
(4) Expedited processing.--The Secretary shall
implement procedures and measures to economize the time
and cost involved in obtaining an approval or a
disapproval of an application for a direct loan or loan
guarantee under this title.
(5) Dashboard.--The Secretary shall post on the
Department of Transportation's Internet Web site a
monthly report that includes, for each application--
(A) the applicant type;
(B) the location of the project;
(C) a brief description of the project,
including its purpose;
(D) the requested direct loan or loan
guarantee amount;
(E) the date on which the Secretary provided
application status notice under paragraph (1);
and
(F) the date that the Secretary provided
notice of approval or disapproval under
paragraph (3).
(j) Repayment Schedules.--
(1) In general.--The Secretary shall establish a
repayment schedule requiring payments to commence not
later than 5 years after the date of substantial
completion.
(2) Accrual.--Interest shall accrue as of the date of
disbursement, and shall be amortized over the remaining
term of the loan beginning at the time the payments
begin.
(3) Deferred payments.--
(A) In general.--If at any time after the
date of substantial completion the obligor is
unable to pay the scheduled loan repayments of
principal and interest on a direct loan
provided under this section, the Secretary,
subject to subparagraph (B), may allow, for a
maximum aggregate time of 1 year over the
duration of the direct loan, the obligor to add
unpaid principal and interest to the
outstanding balance of the direct loan.
(B) Interest.--A payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest under
paragraph (2) until the loan is fully
repaid; and
(ii) be scheduled to be amortized
over the remaining term of the loan.
(4) Prepayments.--
(A) Use of excess revenues.--With respect to
a direct loan provided by the Secretary under
this section, any excess revenues that remain
after satisfying scheduled debt service
requirements on the project obligations and
direct loan and all deposit requirements under
the terms of any trust agreement, bond
resolution, or similar agreement securing
project obligations may be applied annually to
prepay the direct loan without penalty.
(B) Use of proceeds of refinancing.--The
direct loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
(k) Sale of Direct Loans.--
(1) In general.--Subject to paragraph (2) and as soon
as practicable after substantial completion of a
project, the Secretary, after notifying the obligor,
may sell to another entity or reoffer into the capital
markets a direct loan for the project if the Secretary
determines that the sale or reoffering has a high
probability of being made on favorable terms.
(2) Consent of obligor.--In making a sale or
reoffering under paragraph (1), the Secretary may not
change the original terms and conditions of the secured
loan without the prior written consent of the obligor.
(l) Nonsubordination.--
(1) In general.--Except as provided in paragraph (2),
a direct loan provided by the Secretary under this
section shall not be subordinated to the claims of any
holder of project obligations in the event of
bankruptcy, insolvency, or liquidation of the obligor.
(2) Preexisting indentures.--
(A) In general.--The Secretary may waive the
requirement under paragraph (1) for a public
agency borrower that is financing ongoing
capital programs and has outstanding senior
bonds under a preexisting indenture if--
(i) the direct loan is rated in the A
category or higher;
(ii) the direct loan is secured and
payable from pledged revenues not
affected by project performance, such
as a tax-based revenue pledge or a
system-backed pledge of project
revenues; and
(iii) the program share, under this
title, of eligible project costs is 50
percent or less.
(B) Limitation.--The Secretary may impose
limitations for the waiver of the
nonsubordination requirement under this
paragraph if the Secretary determines that such
limitations would be in the financial interest
of the Federal Government.
(m) Master Credit Agreements.--
(1) In general.--Subject to subsection (d) and
paragraph (2) of this subsection, the Secretary may
enter into a master credit agreement that is contingent
on all of the conditions for the provision of a direct
loan or loan guarantee, as applicable, under this title
and other applicable requirements being satisfied prior
to the issuance of the direct loan or loan guarantee.
(2) Conditions.--Each master credit agreement shall--
(A) establish the maximum amount and general
terms and conditions of each applicable direct
loan or loan guarantee;
(B) identify 1 or more dedicated non-Federal
revenue sources that will secure the repayment
of each applicable direct loan or loan
guarantee;
(C) provide for the obligation of funds for
the direct loans or loan guarantees contingent
on and after all requirements have been met for
the projects subject to the master credit
agreement; and
(D) provide 1 or more dates, as determined by
the Secretary, before which the master credit
agreement results in each of the direct loans
or loan guarantees or in the release of the
master credit agreement.
(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 and title 49 if such loan is repayable
from non-Federal funds.
(o) Buy America.--
(1) In general.--In awarding direct loans or loan
guarantees under this section, the Secretary shall
require each recipient to comply with section 22905(a)
of title 49, United States Code.
(2) Specific compliance.--Notwithstanding paragraph
(1), the Secretary shall require--
(A) Amtrak to comply with section 24305(f) of
title 49, United States Code; and
(B) a commuter authority (as defined in
section 24102 of title 49, United States Code)
to comply with section 5320 of title 49, United
States Code.
* * * * * * *
----------
AMTRAK REFORM AND ACCOUNTABILITY ACT OF 1997
* * * * * * *
TITLE I--REFORMS
* * * * * * *
Subtitle B--Procurement
SEC. 121. CONTRACTING OUT.
(a) Repeal of Ban on Contracting Out.--Section 24312 is
amended--
(1) by striking subsection (b);
(2) by striking ``(1)'' in subsection (a); and
(3) by striking ``(2) Wage'' in subsection (a) and
inserting ``(b)Wage Rates.--Wage''.
(b) Amendment of Existing Collective Bargaining Agreement.--
(1) Contracting out.--Any collective bargaining
agreement entered into between Amtrak and an
organization representing Amtrak employees before the
date of enactment of this Act is deemed amended to
include the language of section 24312(b) of title 49,
United States Code, as that section existed on the day
before the effective date of the amendments made by
subsection (a).
(2) Enforceability of amendment.--The amendment to
any such collective bargaining agreement deemed to be
made by paragraph (1) of this subsection is binding on
all parties to the agreement and has the same effect as
if arrived at by agreement of the parties under the
Railway Labor Act.
(c) Contracting-out Issues To Be Included in Negotiations.--
Proposals on the subject matter of contracting out work[, other
than work related to food and beverage service,] which results
in the layoff of an Amtrak employee--
(1) shall be included in negotiations under section 6
of the Railway Labor Act (45 U.S.C. 156) between Amtrak
and an organization representing Amtrak employees,
which shall be commenced by--
(A) the date on which labor agreements under
negotiation on the date of enactment of this
Act may be re-opened; or
(B) November 1, 1999,
whichever is earlier;
(2) may, at the mutual election of Amtrak and an
organization representing Amtrak employees, be included
in any negotiation in progress under section 6 of the
Railway Labor Act (45 U.S.C. 156) on the date of
enactment of this Act; and
(3) may not be included in any negotiation in
progress under section 6 of the Railway Labor Act (45
U.S.C. 156) on the date of enactment of this Act,
unless both Amtrak and the organization representing
Amtrak employees agree to include it in the
negotiation.
No contract between Amtrak and an organization representing
Amtrak employees, that is under negotiation on the date of
enactment of this Act, may contain a moratorium that extends
more than 5 years from the date of expiration of the last
moratorium.
[(d) No Inference.--The amendment made by subsection (a)(1)
is without prejudice to the power of Amtrak to contract out the
provision of food and beverage services on board Amtrak trains
or to contract out work not resulting in the layoff of Amtrak
employees.]
(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 involuntarily if such employee--
(1) is eligible and qualified under the agreement to
perform such work in accordance with the seniority of
such employee; and
(2) has not been provided an opportunity to be
recalled to perform such work.
(e) Agreement Prohibitions on Contracting Out.--This section
does not--
(1) supersede a prohibition or limitation on
contracting out work covered by an agreement entered
into between Amtrak and an organization representing
Amtrak employees; or
(2) prohibit Amtrak and an organization representing
Amtrak employees from entering into an agreement that
allows for contracting out the work of a furloughed
employee that would otherwise be prohibited under
subsection (d).
* * * * * * *
TITLE IV--MISCELLANEOUS
* * * * * * *
SEC. 410. INTERSTATE RAIL COMPACTS.
(a) Consent to Compacts.--Congress grants consent to States
with an interest in a specific form, route, or corridor of
intercity passenger rail service (including high speed rail
service) to enter into interstate compacts to promote the
provision of the service, including--
(1) retaining an existing service or commencing a new
service;
(2) assembling rights-of-way; and
(3) performing capital improvements, including--
(A) the construction and rehabilitation of
maintenance facilities;
(B) the purchase of locomotives; and
(C) operational improvements, including
communications, signals, and other systems.
(b) Financing.--An interstate compact established by States
under subsection (a) may provide that, in order to carry out
the compact, the States may--
(1) accept contributions from a unit of State or
local government or a person;
(2) use any Federal or State funds made available for
intercity passenger rail service [(except funds made
available for Amtrak)];
(3) on such terms and conditions as the States
consider advisable--
(A) borrow money on a short-term basis and
issue notes for the borrowing; and
(B) issue bonds; and
(4) obtain financing by other means permitted under
Federal or State law.
(c) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
(1) make available on a publicly accessible website a
list of interstate rail compacts established in
accordance with subsection (a);
(2) provide information to the public regarding
interstate rail compacts, including how States may
establish interstate rail compacts under subsection
(a); and
(3) annually update the information provided under
paragraph (2).
* * * * * * *
----------
RAIL SAFETY IMPROVEMENT ACT OF 2008
* * * * * * *
DIVISION A--RAIL SAFETY
* * * * * * *
TITLE II--HIGHWAY-RAIL GRADE CROSSING AND PEDESTRIAN SAFETY AND
TRESPASSER PREVENTION
* * * * * * *
SEC. 209. ACCIDENT AND INCIDENT REPORTING.
The Federal Railroad Administration shall conduct an audit of
each Class I railroad at least once every 2 years and conduct
an audit of each non-Class I railroad at least once every 5
years to ensure that all grade crossing collisions and
fatalities, and other events required to be reported under part
225 of title 49, Code of Federal Regulations, are reported to
any Federal national accident database.
* * * * * * *
Committee Correspondence
June 21, 2021.
The Honorable Peter A. DeFazio,
Chairman,
Committee on Transportation and Infrastructure, 2165 Rayburn House
Office Building, Washington, DC 20515.
Dear Chairman DeFazio,
I am writing you concerning H.R. 3684, the ``INVEST in
America Act,'' which was ordered to be reported out of the
Committee on Transportation and Infrastructure on June 10,
2021. Prior to this, I submitted a jurisdictional claim letter
for a sequential referral on this bill on June 7, 2021 and the
Office of the Parliamentarian found this claim to be valid.
As a result of cooperative consultations with the Committee
on Science, Space, and Technology (``Science Committee'') and
in the interest of an expedient consideration of H.R. 3684
before the House of Representatives, I will waive formal
consideration of this bill. I take this action with a mutual
understanding between our two Committees that by foregoing
consideration of H.R. 3684, the Science Committee does not
waive any jurisdiction over the subject matter contained in
this, or in similar, legislation.
Furthermore, I humbly request a letter confirming this
understanding and that this exchange of letters be included in
the bill report to be filed by the Committee on Transportation
and Infrastructure as well as included in the Congressional
Record during floor consideration of the bill. Finally, I ask
that you support the appointment of Science Committee conferees
during any House-Senate conference convened on this
legislation.
Sincerely,
Eddie Bernice Johnson,
Chairwoman,
Committee on Science, Space,
and Technology.
cc: The Honorable Nancy Pelosi, Speaker of the House
Ranking Member Frank D. Lucas, Committee on Science, Space,
and Technology
Ranking Member Sam Graves, Committee on Transportation and
Infrastructure
Jason Smith, Parliamentarian
June 21, 2021.
The Honorable Eddie Bernice Johnson,
Chairwoman,
Committee on Science, Space, and Technology, U.S. House of
Representatives, 2321 Rayburn House Office Building,
Washington, DC 20515.
Dear Chairwoman Johnson:
Thank you for your letter regarding H.R. 3684, the INVEST
in America Act. I appreciate your decision to waive formal
consideration of the bill.
I agree that the Committee on Science, Space, and
Technology (``Science Committee'') has valid jurisdictional
claims to certain provisions in this important legislation, and
I further agree that by forgoing formal consideration of the
bill, the Science Committee is not waiving any jurisdiction
over any relevant subject matter. Additionally, I will support
the appointment of conferees from the Science Committee should
a House-Senate conference be convened on this legislation.
Finally, this exchange of letters will be included in the
committee report filed by the Committee on Transportation and
Infrastructure and included in the Congressional Record when
the bill is considered on the floor.
Thank you again, and I look forward to continuing to work
collaboratively with the Science Committee to ensure H.R. 3684
passes the House and is enacted into law.
Sincerely,
Peter A. DeFazio,
Chair.
Committee on Transportation
and Infrastructure.
cc: The Honorable Nancy Pelosi, Speaker of the House
Ranking Member Sam Graves, Committee on Transportation and
Infrastructure
Ranking Member Frank Lucas, Committee on Science, Space,
and Technology
Mr. Jason Smith, Parliamentarian
Minority Views
Committee Republicans oppose H.R. 3684, the Investing in a
New Vision for the Environment and Surface Transportation
(INVEST) in America Act, as amended by the Committee and
ordered reported on June 10, 2021. The Majority's bill, H.R.
3684, as amended, prioritizes climate change, emissions
reductions, and green infrastructure mandates throughout the
surface transportation sector. The price tag for this bill is
$547.9 billion, a 79 percent increase over FAST Act levels and
an 11 percent increase over the Majority's failed surface
transportation bill from the 116th Congress. And still, there
is no consideration for how Americans will be forced to pay for
the Majority's irresponsible spending.
Democrats again excluded Republicans from the process,
preventing any possibility for truly bipartisan legislation.
The 32 Republicans on the Committee stood ready to work in
partnership to bolster the transportation sector in these
unprecedented times; unfortunately, this was not the path the
Majority chose. As our Nation continues to recover from the
COVID-19 pandemic, H.R. 3684, as amended, proposes a seismic
shift in core transportation programs and functions despite the
unknown impacts of the pandemic on living, working, and
commuting patterns. The Majority's bill does this by
prioritizing climate change and top-down policies that fail our
core surface transportation programs. At a time of great
uncertainty, we should focus on programs that are effective in
addressing our various communities' transportation needs,--not
entertaining partisan policies that do not consider
transportation realities.
Chief among these partisan provisions is the pervasive
interweaving of climate change policy throughout surface
transportation programs. Under the Democrats' bill, $1 out of
every $2 in this bill is tied up in meeting Green New Deal
goals, either in new programs or new green requirements for
existing programs. For example, Section 1201 requires the
Department of Transportation (DOT) to establish a new
greenhouse gas (GHG) emissions performance measure on all
public roads. The more than $200 billion for climate change
policy includes new programs to reduce carbon emissions across
a wide range of highway, transit, and rail projects; creates a
new Community Climate Innovation Grants program (sec. 1304);
and creates a new Gridlock Reduction Grants program (Section
1306) which only truly benefits urban areas. This foundational
pillar of the Democrats' bill removes the focus from our core
highway and bridge programs, limits state flexibility through
top-down directives, and favors urban areas over rural America.
Another example of the bill's ``application of the
principles of the green new deal'' is forcing states to
implement a ``worst-to-first'' approach, which results in
prioritizing state of good repair projects over projects that
increase road and bridge capacity. Under Section 1201, States
must use National Highway Performance Program (NHPP) funds to
conduct analyses on state of good repair and operational
improvements to existing facilities before adding new highway
capacity. Not only does this mandate limit state flexibility to
manage their transportation assets based on their needs, it
starves rural and suburban areas of much-needed new capacity.
The Subcommittee on Railroads, Pipelines, and Hazardous
Materials Ranking Member Rick Crawford offered an amendment to
strike provisions in Section 1201 that prioritized state of
good repair needs over constructing new highway capacity, in
order to reinstate states' flexibility. Committee Republicans
believe the decision on whether new capacity is needed should
be left up to state and local project sponsors who best know
their communities' needs. However, the Majority rejected this
amendment in favor of central planning that yet again shows the
Majority's position that it knows best the needs of all
American citizens despite the diversity across the Nation.
Sadly, to achieve the Majority's Green New Deal agenda, the
Nation will be forced to rely on China, who own the mines that
contain the necessary critical minerals and manufacture key
components of vehicles the Majority's bill favors. This policy
choice fails to recognize, or possibly willfully ignores, the
fact that China is the worst polluter in the world. However,
the Majority refuses to let that key fact get in the way of
their narrative on how far their bill goes to address climate
change.
Continuing its prioritization of urban areas and leaving
rural America behind, the bill provides a 79 percent increase
to transit funding and an 850 percent increase to commuter and
passenger rail programs. Furthermore, the prioritization of
climate and greenhouse gas reduction is also a theme in the
Democrats' transit and rail policies. Specifically, in Section
2105, the purpose of the Federal Transit Program is changed to
include carbon pollution reduction. This should not be the
focus of the transit program. Additional directives expand the
transit mission to include promoting affordable housing and
increasing frequency of bus service and fleet expansion
(sections 2701-2703). Again, removing focus from core highway
and bridge programs and limiting state flexibility is a recipe
for disaster. The funding increases for transit and rail
programs dwarf the increases for highway programs (48 percent).
Further, the increase in transit program authorizations
relative to the highway program authorizations would result in
transit spending far in excess of deposits into the mass
transit account. Given this, the bill would violate the
historic 80-20 percent revenue split agreement for balancing
highway and transit spending from the highway trust fund (HTF).
The Majority ignores this historical agreement while expanding
their definition of ``infrastructure'' by removing a
prohibition on using transit funds for art and landscaping at
transit stations and along transit routes. This is not sound
policy and a poor use of taxpayer funding for a mode of
transportation that is already subsidized by highway users and
taxpayers. Committee Republicans cannot stand behind the
blatant disregard and inequity this creates for communities and
taxpayers across America.
Glaring omissions from the Democrats' bill include common-
sense policies that were priorities of the Republican
Alternative proposal, the Surface Transportation Advanced
through Reform, Technology & Efficient Review (STARTER) Act 2.0
(H.R. 3341). The STARTER Act 2.0 ensures state flexibility by
preserving state decision-making and rejecting new federal
mandates that dictate local funding priorities regardless of
actual needs. For example, a pilot program is created to allow
block grant funding to prioritize state transportation needs
across all core programs to get projects done faster, while
still meeting performance standards. The STARTER Act 2.0 also
provides a 32 percent increase above FAST Act funding levels--a
reasonable but historic increase--with the increases going to
core highway, bridge, safety, and rural transit programs only.
Another substantial shortcoming with H.R. 3684, as amended,
is the Democrats' failure to streamline infrastructure
permitting and make the project delivery process more
efficient, despite strong support on this issue from a broad
array of infrastructure stakeholders and Democratic members. In
contrast, the STARTER Act 2.0 codifies the prior
Administration's Executive Order 13807, One Federal Decision
(OFD), which the Biden Administration revoked. The OFD
provision builds upon the significant progress the prior
Administration made in streamlining permitting and project
delivery. With limited federal funding available, common-sense
regulatory changes that also help preserve the environment
allow us to stretch our funding by delivering projects sooner.
Time is money.
A similar OFD provision was unanimously supported in the
bipartisan Senate Committee on Environment and Public Works
(EPW) highway bill on May 26, 2021. During the Committee's
markup, OFD was offered as an amendment by Subcommittee on
Highways and Transit Ranking Member Rodney Davis. However, the
Majority defeated the amendment despite many of its members
expressing support for this idea. This is just one example that
demonstrates that Committee Republicans could have found common
ground to move bipartisan legislation forward if the Majority
had made an effort to consider the benefit streamlining
provides to project implementation, including for green
infrastructure projects, rather than throwing out common-sense
reforms from the start.
Another example, where bipartisanship should have prevailed
surrounds mitigation and resiliency. We can all agree that
disasters do not target only one part of the country and that
unfortunately, every district at some point will experience a
disaster. Committee Republicans' alternative, the STARTER Act
2.0, includes provisions that focus on cost-effective
deployment of resilient infrastructure and mitigation
strategies, but eschews top-down mandates prevalent in H.R.
3684, as amended. If the Majority truly sought to better
protect our infrastructure from the effects of disasters this
was a missed opportunity to come together for the benefit of
all our constituents.
The failure to craft a bipartisan, broadly supported bill
is particularly disheartening as authorization for surface
transportation programs will lapse on September 30, 2021.
Unfortunately, the process and outcome with H.R. 3684 are no
different than last year's exercise with H.R. 2, the Moving
Forward Act. Today's product is just another progressive,
Speaker-led bill, passed on a very partisan basis, that is
nothing more than a messaging exercise that will do nothing to
improve our Nation's infrastructure. H.R. 3684, as amended,
will not help our states and communities execute the projects
they are desperate to implement. This legislation will not spur
infrastructure projects and job growth, will not help Americans
get back to work, and will not promote the safe and efficient
transportation of goods and people.
As H.R. 3684, as amended, goes to the floor, the Majority
will likely continue to add wish list items to this bill ahead
of inevitable passage by the House of Representatives. A bad
bill will get worse, and we urge our fellow Republicans to
oppose this partisan legislation compiled without our input.
Sam Graves,
Ranking Member.
Rodney Davis,
Ranking Member,
Subcommittee on Highways and
Transit.
Garrett Graves,
Ranking Memmber,
Subcommittee on Aviation.
Bob Gibbs,
Ranking Member,
Subcommittee on Coast Guard
and Maritime
Transportation.
Daniel Webster,
Ranking Member,
Subcommittee on Economic
Development, Public
Buildings, and Emergency
Management.
Eric A. ``Rick'' Crawford,
Ranking Member,
Subcommittee on Railroads,
Pipelines, and Hazardous
Materials.