Court filing
Bill text (introduced) — H.R. 3684, Infrastructure Investment and Jobs Act (IIJA/ERC) (2021-06-04)
Filed June 4, 2021 in Hr3684 Iija ERC; one of 5 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2021-06-04 |
Full text
I 117TH CONGRESS 1ST SESSION H. R. 3684 To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 4, 2021 Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. PAYNE) introduced the fol- lowing bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Investing in a New 4 Vision for the Environment and Surface Transportation 5 in America Act’’ or the ‘‘INVEST in America Act’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is as follows: 8 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3684 IH 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 mem- ber 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. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3684 IH 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. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3684 IH 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. Repeal of pilot program. Sec. 1634. 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. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3684 IH 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. 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. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3684 IH 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. 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. 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. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3684 IH 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 pro- gram. Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improve- ment. 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. Subtitle B—Technology Deployment Sec. 5201. Technology and innovation deployment program. Sec. 5202. Accelerated implementation and deployment of pavement tech- nologies. 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 clearing- house. 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. Subtitle D—Surface Transportation Funding Pilot Programs Sec. 5401. State surface transportation system funding pilots. Sec. 5402. National surface transportation system funding pilot. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3684 IH 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. 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. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3684 IH 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. Surface Transportation Board mediation of trackage use requests. Sec. 9402. Surface Transportation Board mediation of rights-of-way use re- quests. 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 culture 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 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3684 IH 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 grant program. Sec. 9604. Workforce diversity and development. Sec. 9605. Requirements for railroad freight cars entering service in United States. SEC. 3. REFERENCES. 1 Except as expressly provided otherwise, any reference 2 to ‘‘this Act’’ contained in any division of this Act shall 3 be treated as referring only to the provisions of that divi- 4 sion. 5 DIVISION A—FEDERAL SURFACE 6 TRANSPORTATION PRO- 7 GRAMS FOR FISCAL YEAR 8 2022 9 SEC. 101. DEFINITIONS. 10 In this division, the following definitions apply: 11 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway 12 Account’’ means the portion of the Highway Trust 13 Fund that is not the Mass Transit Account. 14 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 15 Transit Account’’ means the portion of the Highway 16 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3684 IH Trust Fund established under section 9503(e)(1) of 1 the Internal Revenue Code of 1986. 2 (3) MEMBER DESIGNATED PROJECT.—The 3 term ‘‘member designated project’’ means a project 4 listed in the table in section 107. 5 (4) MEMBER DESIGNATED PROJECT FUNDS.— 6 The term ‘‘member designated project funds’’ means 7 funds reserved under subsections (d)(1)(B)(i), 8 (f)(1)(A), and (g)(1)(A) to carry out member des- 9 ignated projects listed in the table in section 107(c). 10 (5) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of Transportation. 12 (6) STATE.—The term ‘‘State’’ means the 50 13 States and the District of Columbia. 14 (7) TERRITORY.—The term ‘‘territory’’ means 15 any of the following territories of the United States: 16 (A) American Samoa. 17 (B) The Commonwealth of the Northern 18 Mariana Islands. 19 (C) Guam. 20 (D) The United States Virgin Islands. 21 SEC. 102. EXTENSION OF FEDERAL SURFACE TRANSPOR- 22 TATION PROGRAMS. 23 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR- 24 TATION PROGRAMS.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3684 IH (1) IN GENERAL.—Unless otherwise provided in 1 this division, the requirements, authorities, condi- 2 tions, eligibilities, limitations, and other provisions 3 authorized under the covered laws, which would oth- 4 erwise expire on or cease to apply after September 5 30, 2021, are incorporated by reference and shall 6 continue in effect through September 30, 2022. 7 (2) AUTHORIZATION OF APPROPRIATIONS.— 8 (A) HIGHWAY TRUST FUND.— 9 (i) HIGHWAY ACCOUNT.— 10 (I) IN GENERAL.—Except as pro- 11 vided in subclause (II), there is au- 12 thorized to be appropriated from the 13 Highway Account for fiscal year 2022, 14 for each program under the covered 15 laws with respect to which amounts 16 are authorized to be appropriated 17 from such account for fiscal year 18 2021, an amount equal to the amount 19 authorized for appropriation with re- 20 spect to the program from such ac- 21 count for fiscal year 2021. 22 (II) ADMINISTRATIVE EX- 23 PENSES.—Notwithstanding any other 24 provision of this division, there is au- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 3684 IH thorized to be appropriated from the 1 Highway Account for fiscal year 2 2022— 3 (aa) $516,000,000 for ad- 4 ministrative expenses of the Fed- 5 eral Highway Administration, as 6 described in section 104(a) of 7 title 23, United States Code; and 8 (bb) $30,086,000 for grant 9 administrative expenses of the 10 National Highway Traffic Safety 11 Administration, as described in 12 section 4001(a)(6) of the FAST 13 Act (Public Law 114–94). 14 (ii) MASS TRANSIT ACCOUNT.— 15 (I) IN GENERAL.—There is au- 16 thorized to be appropriated from the 17 Mass Transit Account for fiscal year 18 2022, for each program under the 19 covered laws with respect to which 20 amounts are authorized to be appro- 21 priated from such account for fiscal 22 year 2021, an amount equal to the 23 amount authorized for appropriation 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 14 •HR 3684 IH with respect to the program from such 1 account for fiscal year 2021. 2 (II) CONDITION FOR APPORTION- 3 MENT.—No funds authorized in this 4 division or any other Act may be used 5 to adjust Mass Transit Account ap- 6 portionments or withhold funds from 7 Mass Transit Account apportionments 8 pursuant to section 9503(e)(4) of the 9 Internal Revenue Code of 1986 in fis- 10 cal year 2022. 11 (B) GENERAL FUND.— 12 (i) IN GENERAL.—Except as provided 13 in clauses (ii) and (iii), there is authorized 14 to be appropriated for fiscal year 2022, for 15 each program under covered laws with re- 16 spect to which amounts are authorized to 17 be appropriated for fiscal year 2021 from 18 an account other than the Highway Ac- 19 count or the Mass Transit Account, an 20 amount not less than the amount author- 21 ized for appropriation with respect to the 22 program under the covered laws for fiscal 23 year 2021. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 15 •HR 3684 IH (ii) ADMINISTRATIVE EXPENSES.— 1 Notwithstanding any other provision of 2 this division, there is authorized to be ap- 3 propriated from the general fund of the 4 Treasury for fiscal year 2022 5 $131,500,000 for necessary administrative 6 expenses of the Federal Transit Adminis- 7 tration. 8 (iii) CAPITAL INVESTMENT GRANTS.— 9 Notwithstanding any other provision of 10 this division, there is authorized to be ap- 11 propriated from the general fund of the 12 Treasury for fiscal year 2022 13 $3,250,000,000 to carry out section 5309 14 of title 49, United States Code. 15 (3) USE OF FUNDS.—Except as otherwise pro- 16 vided in this division, amounts authorized to be ap- 17 propriated for fiscal year 2022 with respect to a pro- 18 gram under paragraph (2) shall be distributed, ad- 19 ministered, limited, and made available for obliga- 20 tion in the same manner as amounts authorized to 21 be appropriated with respect to the program for fis- 22 cal year 2021 under the covered laws. 23 (4) OBLIGATION LIMITATION.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 16 •HR 3684 IH (A) IN GENERAL.—Except as provided in 1 subparagraph (B), a program for which 2 amounts are authorized to be appropriated 3 under paragraph (2)(A) shall be subject to a 4 limitation on obligations for fiscal year 2022 in 5 the same amount and in the same manner as 6 the limitation applicable with respect to the 7 program for fiscal year 2021 under the title I 8 of the Transportation, Housing and Urban De- 9 velopment, and Related Agencies Appropria- 10 tions Act, 2021 (Public Law 116–260). 11 (B) FEDERAL-AID HIGHWAY AND HIGHWAY 12 SAFETY CONSTRUCTION PROGRAMS.— 13 (i) IN GENERAL.—Notwithstanding 14 any other provision of this section, section 15 1102 of the FAST Act (Public Law 114– 16 94), section 1101 of title I of division B of 17 the Continuing Appropriations Act, 2021 18 and Other Extensions Act (Public Law 19 116–159), or title I of the Transportation, 20 Housing and Urban Development, and Re- 21 lated Agencies Appropriations Act, 2021 22 (Public Law 116–260), for fiscal year 23 2022, the obligations for Federal-aid high- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 17 •HR 3684 IH way and highway safety construction pro- 1 grams shall not exceed $46,400,294,311. 2 (ii) LIMITATION ON FEDERAL HIGH- 3 WAY ADMINISTRATION ADMINISTRATIVE 4 EXPENSES.—Notwithstanding any other 5 provision of this section, of the amount de- 6 scribed in clause (i), for fiscal year 2022 7 an amount not to exceed $492,000,000 to- 8 gether with advances and reimbursements 9 received by the Federal Highway Adminis- 10 tration, shall be obligated for necessary ex- 11 penses for administration and operation of 12 the Federal Highway Administration or 13 transferred to the Appalachian Regional 14 Commission for administrative activities 15 associated with the Appalachian Develop- 16 ment Highway System. 17 (b) NATIONALLY SIGNIFICANT FREIGHT AND HIGH- 18 WAY PROJECTS.—Section 117(d)(2)(A) of title 23, United 19 States Code, is amended in the matter preceding clause 20 (i)— 21 (1) by striking ‘‘$600,000,000’’ and inserting 22 ‘‘$700,000,000’’; and 23 (2) by striking ‘‘2021’’ and inserting ‘‘2022’’. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 18 •HR 3684 IH (c) DISADVANTAGED BUSINESS ENTERPRISES.—Sec- 1 tion 1101(b) of the FAST Act (Public Law 114–94) (ex- 2 cept for the requirements related to gross receipts under 3 paragraph (2)(A)(ii) of such section) shall apply to 4 amounts made available under sections 102, 103, 104 of 5 this division. 6 (d) DEFINITIONS.—In this section, the term ‘‘covered 7 laws’’ means the following: 8 (1) Section 1101 of title I of division B of the 9 Continuing Appropriations Act, 2021 and Other Ex- 10 tensions Act (Public Law 116–159). 11 (2) Titles I, III, IV, V, and VI of division A of 12 the FAST Act (Public Law 114–94). 13 (3) Division A, division B, subtitle A of title I 14 and title II of division C, and division E of MAP– 15 21 (Public Law 112–141). 16 (4) Titles I, II, and III of the SAFETEA–LU 17 Technical Corrections Act of 2008 (Public Law 110– 18 244). 19 (5) Titles I, II, III, IV, V, and VI of 20 SAFETEA–LU (Public Law 109–59). 21 (6) Titles I, II, III, IV, and V of the Transpor- 22 tation Equity Act for the 21st Century (Public Law 23 105–178). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 19 •HR 3684 IH (7) Titles II, III, and IV of the National High- 1 way System Designation Act of 1995 (Public Law 2 104–59). 3 (8) Title I, part A of title II, title III, title IV, 4 title V, and title VI of the Intermodal Surface 5 Transportation Efficiency Act of 1991 (Public Law 6 102–240). 7 (9) Title 23, United States Code. 8 (10) Sections 116, 117, 330, and 5505 and 9 chapters 53, 139, 303, 311, 313, 701, and 702 of 10 title 49, United States Code. 11 SEC. 103. ADDITIONAL AMOUNTS FOR THE FEDERAL-AID 12 HIGHWAY PROGRAM AND MEMBER DES- 13 IGNATED PROJECTS. 14 (a) AUTHORIZATION OF APPROPRIATIONS.— 15 (1) IN GENERAL.—In addition to amounts au- 16 thorized under section 102, there is authorized to be 17 appropriated from the Highway Account for fiscal 18 year 2022, for activities under this section, 19 $14,742,808,640. 20 (2) CONTRACT AUTHORITY.—Amounts author- 21 ized to be appropriated under paragraph (1) shall be 22 available for obligation as if apportioned under chap- 23 ter 1 of title 23, United States Code. 24 (b) OBLIGATION AUTHORITY.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 20 •HR 3684 IH (1) IN GENERAL.— 1 (A) AMOUNT.—Notwithstanding any other 2 provision of law, for fiscal year 2022, obliga- 3 tions for activities authorized under subsection 4 (a) shall not exceed $14,742,808,640. 5 (B) PERIOD OF AVAILABILITY.— 6 (i) IN GENERAL.—Except as provided 7 in clause (ii), obligation authority made 8 available under this paragraph shall— 9 (I) remain available until Sep- 10 tember 30, 2025; and 11 (II) be in addition to the amount 12 of any limitation imposed on obliga- 13 tions for Federal-aid highway and 14 highway safety construction programs 15 for fiscal year 2022 under section 102 16 or future fiscal years under any other 17 provision of law. 18 (ii) EXCEPTION.—Except as provided 19 in subsection (i)(2)(E), obligation author- 20 ity associated with a member designated 21 project shall remain available until ex- 22 pended. 23 (2) DISTRIBUTION OF OBLIGATION AUTHOR- 24 ITY.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 21 •HR 3684 IH (A) IN GENERAL.—Of the obligation au- 1 thority provided under paragraph (1), the Sec- 2 retary shall make available to States, Tribes, 3 Puerto Rico, the territories, and Federal land 4 management agencies, during the period of fis- 5 cal year 2022, amounts of obligation authority 6 equal to the amounts described in paragraphs 7 (1) through (5) of subsection (c), respectively. 8 (B) FURTHER DISTRIBUTION.—Each 9 State, each Tribe, Puerto Rico, each territory, 10 and each Federal land management agency re- 11 ceiving funds under paragraphs (1) through (5) 12 of subsection (c), respectively, shall receive an 13 amount of obligation authority equal to the 14 funds received under any of such paragraphs. 15 (c) DISTRIBUTION OF FUNDS.—Amounts authorized 16 to be appropriated for fiscal year 2022 under subsection 17 (a) shall be distributed as follows: 18 (1) $14,343,545,973 to the States. 19 (2) $167,481,814 to Tribes. 20 (3) $52,400,251 to Puerto Rico. 21 (4) $55,012,918 to the territories. 22 (5) $124,367,684 to Federal land management 23 agencies. 24 (d) SUPPLEMENTAL STATE FUNDS.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 22 •HR 3684 IH (1) DISTRIBUTION.— 1 (A) AMONG STATES.—Amounts distributed 2 to States under subsection (c)(1) shall be dis- 3 tributed among the States in the same ratio as 4 total State apportionments under section 5 104(c)(1) of title 23, United States Code, in fis- 6 cal year 2022. 7 (B) WITHIN A STATE.—Of the amount dis- 8 tributed to a State under subparagraph (A)— 9 (i) the amount specified in section 10 107 for each member designated project in 11 the State shall be reserved to carry out 12 such project; and 13 (ii) any remaining amount shall be 14 available to the State under paragraph (2). 15 (2) TREATMENT.—Funds made available under 16 paragraph (1)(B)(ii) shall be— 17 (A) available for activities eligible under 18 section 133(b) of title 23, United States Code, 19 subject to subsection (c) of such section; and 20 (B) administered as if apportioned under 21 chapter 1 of title 23, United States Code. 22 (e) TRIBAL FUNDS.—Amounts distributed to Tribes 23 under subsection (c)(2) shall be— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 23 •HR 3684 IH (1) available for activities eligible under the 1 tribal transportation program under section 202 of 2 title 23, United States Code; and 3 (2) administered as if allocated under section 4 202 of title 23, United States Code, except that the 5 set-aside described in subparagraph (C) of section 6 202(b)(3) of such title and subsections (a)(6), (c), 7 (d), and (e) of section 202 of such title shall not 8 apply to such funds. 9 (f) PUERTO RICO FUNDS.— 10 (1) DISTRIBUTION.—Of the amount distributed 11 to Puerto Rico under subsection (c)(3)— 12 (A) the amount specified in section 107 for 13 each member designated project in Puerto Rico 14 shall be reserved to carry out such project; and 15 (B) any remaining amount shall be avail- 16 able to Puerto Rico under paragraph (2). 17 (2) TREATMENT.—Funds made available under 18 paragraph (1)(B) shall be— 19 (A) administered as if allocated under sec- 20 tion 165(b) of title 23, United States Code; 21 (B) available for activities described under 22 paragraph (2)(C)(iii) of such section; and 23 (C) not subsection to subparagraph (A) or 24 (B) of paragraph (2) of such section. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 24 •HR 3684 IH (g) TERRITORIAL FUNDS.— 1 (1) DISTRIBUTION.—Of the amount distributed 2 to a territory under subsection (c)(4)— 3 (A) the amount specified in section 107 for 4 each member designated project in the territory 5 shall be reserved to carry out such project; 6 (B) of amounts remaining after the dis- 7 tribution under subparagraph (A), not more 8 than $1,392,918 shall be made available to 9 American Samoa; and 10 (C) any remaining amount shall be avail- 11 able to the territories as described under para- 12 graph (2). 13 (2) TREATMENT.—Funds made available under 14 subparagraphs (B) and (C) of paragraph (1) shall 15 be administered as if allocated under, and available 16 for activities described under, section 165(c) of title 17 23, United States Code. 18 (h) FEDERAL LAND MANAGEMENT AGENCY 19 FUNDS.— 20 (1) DISTRIBUTION.—Amounts distributed 21 under subsection (c)(5) shall be distributed among 22 the Federal land management agencies as follows: 23 (A) $99,494,147 for the National Park 24 Service. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 25 •HR 3684 IH (B) $9,949,415 for the United States Fish 1 and Wildlife Service. 2 (C) $6,301,296 for the United States For- 3 est Service. 4 (D) $8,622,826 to be allocated to the re- 5 maining Federal land management agencies de- 6 scribed in section 203(b) of title 23, United 7 States Code. 8 (2) TREATMENT.—Funds made available under 9 paragraph (1) shall be— 10 (A) available for activities eligible under 11 the Federal lands transportation program under 12 section 203 of title 23, United States Code; and 13 (B) administered as if allocated under sec- 14 tion 203 of title 23, United States Code. 15 (i) MEMBER DESIGNATED PROJECTS.— 16 (1) TREATMENT.— 17 (A) IN GENERAL.—Member designated 18 project funds shall be available until expended, 19 except as specified in paragraph (2)(C)(iv). 20 (B) REQUIREMENTS.— 21 (i) IN GENERAL.—Except as specified 22 in paragraph (2)(C)(iv) or clauses (ii) or 23 (iii), member designated project funds 24 shall be administered as if apportioned— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 26 •HR 3684 IH (I) for a project eligible under 1 chapter 1 of title 23, United States 2 Code, under such chapter; 3 (II) for a project eligible under 4 chapter 2 of title 23, United States 5 Code, under such chapter; or 6 (III) for a project eligible under 7 chapter 53 of title 49, United States 8 Code, under such chapter. 9 (ii) FEDERAL SHARE.—Notwith- 10 standing any other provision of law, the 11 Federal share of the cost of a project as- 12 sisted with member designated project 13 funds shall be determined in accordance 14 with section 120 of title 23, United States 15 Code, or, in the case of a transit capital 16 project, may be determined in accordance 17 with section 5323(i)(1) of title 49, United 18 States Code, if applicable. 19 (iii) TRANSIT PROJECTS.— 20 (I) TRANSFERS.—Member des- 21 ignated project funds made available 22 for transit capital and planning 23 projects may be transferred to, and 24 administered by, the Secretary in ac- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 27 •HR 3684 IH cordance with section 104(f) of title 1 23, United States Code. 2 (II) DESIGNATED RECIPIENTS.— 3 Member designated project authoriza- 4 tions specified in section 107 distrib- 5 uted to a State for transit capital and 6 planning projects shall be made avail- 7 able for obligation to a designated or 8 direct recipient or subrecipient under 9 chapter 53 of title 49, United States 10 Code, as specified in section 107 or, if 11 no such eligible recipient is identified, 12 to the designated recipient in the loca- 13 tion specified in such section. 14 (2) REPURPOSING OF FUNDS.— 15 (A) IN GENERAL.— 16 (i) REQUEST.—Beginning on October 17 1, 2025, except as described in clause (ii), 18 if less than 10 percent of the amount re- 19 served for a member designated project for 20 a State, Puerto Rico, or territory has been 21 obligated, the State, Puerto Rico, or a ter- 22 ritory, respectively, may submit to the Sec- 23 retary, a request to use, under subpara- 24 graph (B)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 28 •HR 3684 IH (I) the unobligated amount re- 1 served for the member designated 2 project; and 3 (II) the obligation authority that 4 is associated with such amount. 5 (ii) COMPLETED PROJECTS.—If the 6 project has been completed and an unobli- 7 gated amount remains reserved for a mem- 8 ber designated project, a State, Puerto 9 Rico, or territory may submit to the Sec- 10 retary certification that such project has 11 been completed (and the Secretary shall 12 verify such completion). Upon verification, 13 the State, Puerto Rico, or territory, respec- 14 tively, may use, under subparagraph (B)— 15 (I) the unobligated amount re- 16 served for the member designated 17 project; and 18 (II) the obligation authority that 19 is associated with such amount. 20 (B) CONSIDERATIONS.—In making the de- 21 termination under subparagraph (A)(i), the 22 Secretary shall— 23 (i) consider whether the member des- 24 ignated project can be completed with the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 29 •HR 3684 IH amount reserved for the member des- 1 ignated project and other committed funds; 2 (ii) determine whether the public enti- 3 ty serving as the project sponsor listed in 4 the Committee Report, or any subsequent 5 report superceding such Committee Re- 6 port, accompanying this Act supports the 7 proposed repurposing; and 8 (iii) ensure that the proposed 9 repurposing would be used for a project 10 with the same eligible project type. 11 (C) TREATMENT.—Funds for which the 12 Secretary approves a request or verifies a com- 13 pleted project under subparagraph (A)— 14 (i) may be used and shall be treated— 15 (I) for a request by a State, as if 16 such amount was made available 17 under subsection (d)(1)(B)(ii); 18 (II) for a request by Puerto Rico, 19 as if such amount was made available 20 under subsection (f)(1)(B); and 21 (III) for a request by a territory, 22 as if such amount was made available 23 under subsection (g)(1)(C); 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 30 •HR 3684 IH (ii) shall be used within the location 1 described in subparagraph (D)(ii); 2 (iii) shall be subject to the Federal 3 share specified in section 120 of title 23, 4 United States Code, or, in the case of a 5 transit capital project, may be determined 6 in accordance with section 5323(i)(1) of 7 title 49, United States Code, as applicable; 8 and 9 (iv) notwithstanding paragraph 10 (1)(A)(ii), shall remain available for obliga- 11 tion for a period of 3 fiscal years after the 12 last day of the fiscal year in which the Sec- 13 retary approves the request. 14 (D) LOCATION OF PROJECTS.—Funds for 15 which the Secretary approves a request under 16 subparagraph (A) shall— 17 (i) for funds specified in section 107 18 to be used within a metropolitan planning 19 area (as such term is defined in section 20 134(b) of title 23, United States Code), 21 applied to an activity within or predomi- 22 nantly serving such metropolitan area; 23 (ii) for funds specified in section 107 24 to be used within a political subdivision of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 31 •HR 3684 IH a State, applied to an activity within or 1 predominantly serving such political sub- 2 division; 3 (iii) for funds specified in section 107 4 to be used within Puerto Rico, applied to 5 an activity within Puerto Rico; and 6 (iv) for funds specified in section 107 7 to be used within a territory, applied to an 8 activity within such territory. 9 (E) OBLIGATION AUTHORITY.—Notwith- 10 standing subsection (b)(1)(B)(ii), obligation au- 11 thority that is repurposed under this paragraph 12 shall remain available for obligation for a period 13 of 3 fiscal years after the last day of the fiscal 14 year in which the Secretary approves the re- 15 quest or verifies the completed project under 16 subparagraph (A). 17 SEC. 104. FEDERAL TRANSIT ADMINISTRATION. 18 (a) ALL STATIONS ACCESSIBILITY PROGRAM.— 19 (1) IN GENERAL.—The Secretary may make 20 grants under this subsection to assist eligible entities 21 in financing capital projects to upgrade accessibility 22 for persons with disabilities by increasing the num- 23 ber of covered stations that meet (including exceed- 24 ing) the new construction standards of title II of the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 32 •HR 3684 IH Americans with Disabilities Act of 1990 (42 U.S.C. 1 12131 et seq.). 2 (2) ELIGIBLE COSTS.—A grant awarded under 3 this section shall be used on a covered system for 4 the purpose described in paragraph (1) only— 5 (A) for a project to repair, improve, or re- 6 locate station infrastructure at a covered sta- 7 tion; 8 (B) to develop or modify a plan for pur- 9 suing public transportation accessibility 10 projects; or 11 (C) to carry out other projects at covered 12 stations that meet (including exceeding) the 13 new construction standards of title II of the 14 Americans with Disabilities Act of 1990 (42 15 U.S.C. 12131 et seq.). 16 (3) ELIGIBLE FACILITIES.—The Secretary— 17 (A) may not provide a grant awarded 18 under this subsection to upgrade a station that 19 is accessible to and usable by individuals with 20 disabilities, including individuals who use wheel- 21 chairs, consistent with current new construction 22 standards under title II the Americans with 23 Disabilities Act of 1990 (42 U.S.C. 1231 et 24 seq.); and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 33 •HR 3684 IH (B) may provide a grant to upgrade a sta- 1 tion that is not accessible and usable as de- 2 scribed in paragraph (1), even if related serv- 3 ices, programs, or activities, when viewed in en- 4 tirety, are readily accessible and usable as so 5 described. 6 (4) APPLICATION.—To apply for a grant under 7 this subsection, an applicant shall provide to the 8 Secretary such information as the Secretary may re- 9 quire, including, at a minimum, information on— 10 (A) the extent to which the proposed 11 project will increase the accessibility of a cov- 12 ered system; 13 (B) projected improvements in access to 14 jobs, community activities, and essential des- 15 tinations provided by such project; 16 (C) the applicant’s plans to— 17 (i) enhance the customer experience 18 and maximize accessibility of rolling stock 19 and stations for individuals with disabil- 20 ities; 21 (ii) improve the operations of, provide 22 efficiencies of service to, and enhance the 23 public transportation system for individ- 24 uals with disabilities; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 34 •HR 3684 IH (iii) address equity of service to all 1 riders regardless of ability, including for 2 riders of differing abilities that are low-in- 3 come, seniors, or riders from communities 4 of color; and 5 (D) coordination between the applicant 6 and disability advocacy entities. 7 (5) FEDERAL SHARE.—The Federal share of 8 the net project cost of a grant provided under this 9 subsection shall be 90 percent. The recipient may 10 provide additional local matching amounts. 11 (6) GRANT REQUIREMENTS.—Except as other- 12 wise provided under this subsection, a grant pro- 13 vided under this subsection shall be subject to the 14 requirements of section 5307 of title 49, United 15 States Code. 16 (7) GRANT SOLICITATION.—The Secretary may 17 provide funds authorized under this subsection 18 through 1 or more notices of funding opportunity. 19 (8) AUTHORIZATION OF APPROPRIATIONS.— 20 There is authorized to be appropriated from the 21 Mass Transit Account $1,000,000,000 for fiscal 22 year 2022 to provide grants under this subsection. 23 (9) AVAILABILITY OF AMOUNTS.—Amounts 24 made available under this subsection shall be avail- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 35 •HR 3684 IH able for a period of 4 fiscal years after the fiscal 1 year in which the amount is made available. 2 (10) DEFINITIONS.—In this section: 3 (A) COVERED STATION.—The term ‘‘cov- 4 ered station’’ means a rail fixed guideway pub- 5 lic transportation station for passenger use con- 6 structed prior to the date of enactment of this 7 Act. 8 (B) COVERED SYSTEM.—The term ‘‘cov- 9 ered system’’ means a rail fixed guideway pub- 10 lic transportation system that was in operation 11 before July 26, 1990. 12 (C) DISABILITY.—The term ‘‘disability’’ 13 has the meaning given such term in section 3 14 of the Americans with Disabilities Act of 1990 15 (42 U.S.C. 12102). 16 (D) ELIGIBLE ENTITY.—The term ‘‘eligi- 17 ble entity’’ means a State or local governmental 18 authority that operates a rail fixed guideway 19 public transportation system that was in oper- 20 ation before July 26, 1990. 21 (b) REDUCING TRANSIT DESERTS.— 22 (1) IN GENERAL.—The Secretary may make 23 grants under this subsection to eligible recipients for 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 36 •HR 3684 IH eligible projects to establish new bus service or in- 1 crease the frequency of bus service. 2 (2) ELIGIBLE PROJECTS.—Eligible projects 3 under this subsection are projects in eligible areas— 4 (A) to establish or enhance bus service 5 with headways equal to or shorter than 20 min- 6 utes for at least 18 hours per day in neighbor- 7 hoods lacking such service; or 8 (B) to establish or increase express lane 9 transit service that connects communities to 10 jobs and essential destinations, as long as such 11 service will improve mobility or expand afford- 12 able transportation options in underserved com- 13 munities. 14 (3) ELIGIBLE COSTS.—Eligible costs under this 15 section include— 16 (A) acquisition of vehicles; 17 (B) acquisition, installation, and construc- 18 tion of bus stops, stations, and related infra- 19 structure; 20 (C) construction or expansion of mainte- 21 nance facilities to support the new or enhanced 22 service; 23 (D) maintenance activities to support the 24 expanded service; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 37 •HR 3684 IH (E) operating expenses for up to 2 years 1 beginning on the first day of revenue service. 2 (4) APPLICATION.—To apply for a grant under 3 this subsection, an applicant shall provide to the 4 Secretary such information as the Secretary may re- 5 quire, including information on the extent to which 6 the project will— 7 (A) provide reliable and frequent connec- 8 tions to jobs and essential destinations; 9 (B) reduce air pollution and greenhouse 10 gas emissions; and 11 (C) support unserved and underserved pop- 12 ulations and communities. 13 (5) FEDERAL SHARE.— 14 (A) IN GENERAL.—The Federal share of 15 the net project cost of a capital project carried 16 out using a grant under this subsection shall be 17 80 percent. The recipient may provide addi- 18 tional local matching amounts. 19 (B) OPERATING COSTS.—The Federal 20 share of net operating costs for a project car- 21 ried out using a grant under this subsection 22 shall be not more than 50 percent. 23 (6) GRANT REQUIREMENTS.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 38 •HR 3684 IH (A) IN GENERAL.—A grant under this sub- 1 section shall be subject to the requirements of 2 section 5307 of title 49, United States Code, 3 for eligible recipients, except operating expenses 4 shall be eligible for funding under this sub- 5 section for 2 years beginning on the first day 6 of revenue service in urbanized areas with popu- 7 lations greater than 200,000. 8 (B) NEW OR ENHANCED SERVICE.—The 9 new or enhanced service funded under this sub- 10 section shall be operated for a period of at least 11 5 years. 12 (7) GRANT SOLICITATION.—The Secretary may 13 provide funds authorized under this subsection 14 through 1 or more notices of funding opportunity. 15 (8) JUSTICE40 INITIATIVE.—In making com- 16 petitive grants under this subsection, the Secretary 17 shall, to the extent practicable, have a goal that 40 18 percent of the overall benefits of the Federal invest- 19 ment flow to disadvantaged communities, consistent 20 with sections 219 and 223 of Executive Order 14008 21 and related regulations, Executive Orders, and ad- 22 ministrative guidance. 23 (9) AVAILABILITY OF AMOUNTS.—Any amounts 24 made available under this subsection— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 39 •HR 3684 IH (A) shall remain available for 2 fiscal years 1 after the fiscal year for which the amount is 2 made available; and 3 (B) that remain unobligated at the end of 4 the period described in subparagraph (A) shall 5 be made available to other eligible projects. 6 (10) AUTHORIZATION OF APPROPRIATIONS.— 7 There is authorized to be appropriated out of the 8 Mass Transit Account $1,000,000,000 for fiscal 9 year 2022 to provide grants under this subsection. 10 (11) DEFINITIONS.—In this subsection: 11 (A) ELIGIBLE AREA.—The term ‘‘eligible 12 area’’ means a neighborhood or service area, as 13 defined by the Secretary, within an urbanized 14 area that has a population of more than 15 100,000 where fewer than 45,000 annual fixed 16 route bus vehicle revenue miles per square mile 17 are operated. 18 (B) ELIGIBLE RECIPIENT.—The term ‘‘eli- 19 gible recipient’’ means— 20 (i) designated recipients that allocate 21 funds to fixed route bus operators or ex- 22 press lane transit operators; or 23 (ii) State or local governmental enti- 24 ties that operate or propose to operate 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 40 •HR 3684 IH fixed route bus service or express lane 1 transit. 2 (C) EXPRESS LANE TRANSIT.—The term 3 ‘‘express lane transit’’ means an integrated 4 combination of bus rapid transit and tolled 5 managed lanes that allows for limited access 6 entry of toll paying vehicles to restricted lanes, 7 while prioritizing transit’s need and use of 8 available capacity in order to improve transit 9 performance. 10 (c) FEDERAL SHARE ADJUSTMENTS.— 11 (1) IN GENERAL.—In addition to amounts 12 made available under section 5338(b) of title 49, 13 United States Code, and section 102(a)(2)(B)(iii) of 14 this division, there are authorized to be appropriated 15 for fiscal year 2022 such sums as may be necessary 16 to increase the Federal share, at the request of the 17 project sponsor, of a new fixed guideway, a core ca- 18 pacity improvement, or a small starts project that is 19 not open to revenue service and that has received an 20 allocation of funding in fiscal years 2019, 2020, or 21 2021. 22 (2) CONSIDERATIONS.—In making allocations 23 under subparagraph (1), the Secretary shall take 24 into consideration the extent to which the project 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 41 •HR 3684 IH sponsor demonstrates a need for a higher Federal 1 share, including the extent to which— 2 (A) a project sponsor made a local finan- 3 cial commitment that exceeded the required 4 non-Federal share of the cost of the project; 5 (B) a project sponsor has experienced, as 6 a result of the coronavirus public health emer- 7 gency, a loss of non-Federal revenues that were 8 intended to support the project. 9 (3) ADJUSTMENT.—Notwithstanding any other 10 provision of law, the Secretary may increase the 11 Federal share of a project under this section by up 12 to 30 percent, up to a maximum of an 80 percent 13 Federal share. 14 (4) AMOUNT.—Amounts distributed under this 15 subsection shall be provided notwithstanding the lim- 16 itation of any calculation of the maximum amount of 17 Federal financial assistance for the project for a new 18 fixed guideway, a core capacity improvement, or a 19 small start project. 20 SEC. 105. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS- 21 TRATION. 22 (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 23 (1) IN GENERAL.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 42 •HR 3684 IH (A) AUTHORIZATION OF APPROPRIA- 1 TIONS.—In addition to amounts authorized 2 under section 102, there is authorized to be ap- 3 propriated from the Highway Account for fiscal 4 year 2022, for activities under this subsection, 5 $244,514,000. 6 (B) CONTRACT AUTHORITY.—Amounts au- 7 thorized under subparagraph (A) shall be avail- 8 able for obligation in the same manner as if 9 such funds were apportioned under chapter 1 of 10 title 23, United States Code. 11 (C) OBLIGATION LIMITATION.—Notwith- 12 standing any other provision of law, for fiscal 13 year 2022, obligations for activities authorized 14 under this paragraph and obligations for activi- 15 ties authorized under section 16 102(a)(2)(A)(i)(II)(bb) that exceed amounts au- 17 thorized under section 4001(a)(6) of the FAST 18 Act (Public Law 114–94) shall not exceed 19 $247,783,000. 20 (2) DISTRIBUTION OF FUNDS.—Amounts au- 21 thorized to be appropriated for fiscal year 2022 22 under paragraph (1) shall be distributed as follows: 23 (A) $105,000,000 for carrying out section 24 402 of title 23, United States Code. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 43 •HR 3684 IH (B) $15,312,000 for carrying out section 1 403 of title 23, United States Code. 2 (C) $19,202,000 for carrying out section 3 404 of title 23, United States Code. 4 (D) $105,000,000 for carrying out section 5 405 of title 23, United States Code. 6 (b) COOPERATIVE RESEARCH AND EVALUATION.— 7 Notwithstanding the apportionment formula set forth in 8 section 402(c)(2) of title 23, United States Code, and sec- 9 tion 403(f)(1) of title 23, United States Code, $2,500,000 10 of the total amount available for apportionment to the 11 States for highway safety programs under section 12 402(c)(2) of title 23, United States Code, fiscal year 2022, 13 shall be available for expenditure by the Secretary, acting 14 through the Administrator of the National Highway Traf- 15 fic Safety Administration, for a cooperative research and 16 evaluation program to research and evaluate priority high- 17 way safety countermeasures. 18 SEC. 106. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA- 19 TION. 20 (a) SPECIAL FUNDING FOR FISCAL YEAR 2022.— 21 (1) AUTHORIZATION OF APPROPRIATIONS.— 22 (A) IN GENERAL.—In addition to amounts 23 authorized under section 102, there is author- 24 ized to be appropriated from the Highway Ac- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 44 •HR 3684 IH count for fiscal year 2022, for activities under 1 this subsection, $209,900,000. 2 (B) OBLIGATION LIMITATION.—Notwith- 3 standing any other provision of law, for fiscal 4 year 2022, obligations for activities authorized 5 under this paragraph shall not exceed 6 $209,900,000. 7 (2) DISTRIBUTION OF FUNDS.—Amounts au- 8 thorized to be appropriated for fiscal year 2022 9 under paragraph (1) shall be distributed as follows: 10 (A) Subject to section 31104(c) of title 49, 11 United States Code— 12 (i) $80,512,000 for carrying out sec- 13 tion 31102 (except subsection (l)) of title 14 49, United States Code); 15 (ii) $14,208,000 for carrying out sec- 16 tion 31102(l) of title 49, United States 17 Code; and 18 (iii) $23,680,000 for carrying out sec- 19 tion 31313 of title 49, United States Code. 20 (B) $91,500,000 for carrying out section 21 31110 of title 49, United States Code. 22 (3) TREATMENT OF FUNDS.—Amounts made 23 available under this section shall be made available 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 45 •HR 3684 IH for obligation and administered as if made available 1 under chapter 311 of title 49, United States Code. 2 (b) ADMINISTRATIVE EXPENSES.—The Adminis- 3 trator of the Federal Motor Carrier Safety Administration 4 shall ensure that funds made available under subsection 5 (a)(2)(B) are used, to the maximum extent practicable, 6 to support— 7 (1) the acceleration of planned investments to 8 modernize the Administration’s information tech- 9 nology and information management systems; 10 (2) the completion of outstanding statutory 11 mandates required by MAP–21 (112–141) and the 12 FAST Act (114–94); and 13 (3) a Large Truck Crash Causal Factors Study 14 of the Administration. 15 SEC. 107. MEMBER DESIGNATED PROJECT AUTHORIZA- 16 TIONS. 17 (a) MEMBER DESIGNATED PROJECTS.—The amount 18 listed for each member designated project in the table in 19 subsection (c) shall be available (from amounts made 20 available by paragraphs (1), (3), and (4) of section 103(c)) 21 for fiscal year 2022 to carry out each such project. 22 (b) SAVINGS CLAUSE.— 23 (1) ADDITIONAL INFORMATION.—In admin- 24 istering member designated projects, the Secretary 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 46 •HR 3684 IH shall consider the additional information provided in 1 the Committee Report, or any subsequent report 2 superceding such Committee Report, accompanying 3 this Act. 4 (2) SUBSEQUENT PHASES.— 5 (A) IN GENERAL.—Subject to subpara- 6 graph (B), nothing in the table in subsection 7 (c), or in the Committee Report, or any subse- 8 quent report superceding such Committee Re- 9 port, accompanying this Act, shall prevent the 10 Secretary, at the discretion of the Secretary, 11 from allowing a subsequent phase of a member 12 designated project to be carried out with funds 13 reserved for such project under subsection (c). 14 (B) PROJECT SPONSOR CONCURRENCE.— 15 The Secretary shall only allow under this para- 16 graph a subsequent phase of a member des- 17 ignated project to be carried out with funds re- 18 served for such project under subsection (c) 19 with the concurrence of the project sponsor for 20 such project listed in the Committee Report ac- 21 companying this Act, 22 (3) REPURPOSING.—Nothing in the table in 23 subsection (c), or the Committee Report, or any sub- 24 sequent report superceding such Committee Report, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 47 •HR 3684 IH accompanying this Act, shall prevent funds reserved 1 for a member designated project from being 2 repurposed as described in section 103(i)(2), pro- 3 vided that all requirements in such section are satis- 4 fied. 5 (c) PROJECT DESIGNATIONS.—øTo be supplied.¿ 6 DIVISION B—SURFACE 7 TRANSPORTATION 8 SEC. 1001. APPLICABILITY OF DIVISION. 9 (a) APPLICABILITY.—This division, including the 10 amendments made by this division, applies beginning on 11 October 1, 2022. 12 (b) REFERENCE TO DATE OF ENACTMENT.—In this 13 division and the amendments made by this division, any 14 reference to— 15 (1) the date of enactment of this Act; 16 (2) the date of enactment of a provision of this 17 division; 18 (3) the date of enactment of a provision added 19 to law by an amendment made by this division; or 20 (4) the date of enactment of the INVEST in 21 America Act added to law by an amendment made 22 by this division, 23 shall be treated as a reference to October 1, 2022. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 48 •HR 3684 IH (c) EXCEPTION FOR IMMEDIATE APPLICATION.— 1 Subsections (a) and (b) shall not apply to the following 2 sections and any amendments made by such sections: 3 (1) Section 1105. 4 (2) Section 1107. 5 (3) Section 1305. 6 (4) Subsections (c)(1) and (d) of section 2104. 7 (5) Section 2106. 8 (6) Section 2112. 9 (7) Section 2204(1)(A). 10 (8) Section 2305. 11 (9) Section 2307. 12 (10) Section 2902(2). 13 TITLE I—FEDERAL-AID 14 HIGHWAYS 15 Subtitle A—Authorizations and 16 Program Conditions 17 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 18 (a) IN GENERAL.—The following amounts are au- 19 thorized to be appropriated out of the Highway Trust 20 Fund (other than the Mass Transit Account): 21 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 22 the national highway performance program under 23 section 119 of title 23, United States Code, the pre- 24 disaster mitigation program under section 124 of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 49 •HR 3684 IH such title, the railway crossings program under sec- 1 tion 130 of such title, the surface transportation 2 program under section 133 of such title, the high- 3 way safety improvement program under section 148 4 of such title, the congestion mitigation and air qual- 5 ity improvement program under section 149 of such 6 title, the clean corridors program under section 151 7 of such title, the national highway freight program 8 under section 167 of such title, the carbon pollution 9 reduction program under section 171 of such title, 10 and metropolitan planning under section 134 of such 11 title— 12 (A) $56,522,048,429 for fiscal year 2023; 13 (B) $57,480,646,776 for fiscal year 2024; 14 (C) $58,595,359,712 for fiscal year 2025; 15 and 16 (D) $59,618,666,186 for fiscal year 2026. 17 (2) TRANSPORTATION INFRASTRUCTURE FI- 18 NANCE AND INNOVATION PROGRAM.—For credit as- 19 sistance under the transportation infrastructure fi- 20 nance and innovation program under chapter 6 of 21 title 23, United States Code, $250,000,000 for each 22 of fiscal years 2023 through 2026. 23 (3) CONSTRUCTION OF FERRY BOATS AND 24 FERRY TERMINAL FACILITIES.—For construction of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 50 •HR 3684 IH ferry boats and ferry terminal facilities under sec- 1 tion 147 of title 23, United States Code, 2 $120,000,000 for each of fiscal years 2023 through 3 2026. 4 (4) FEDERAL LANDS AND TRIBAL TRANSPOR- 5 TATION PROGRAMS.— 6 (A) TRIBAL TRANSPORTATION PRO- 7 GRAM.—For the tribal transportation program 8 under section 202 of title 23, United States 9 Code, $800,000,000 for each of fiscal years 10 2023 through 2026. 11 (B) FEDERAL LANDS TRANSPORTATION 12 PROGRAM.— 13 (i) IN GENERAL.—For the Federal 14 lands transportation program under sec- 15 tion 203 of title 23, United States Code, 16 $555,000,000 for each of fiscal years 2023 17 through 2026. 18 (ii) ALLOCATION.—Of the amount 19 made available for a fiscal year under 20 clause (i)— 21 (I) the amount for the National 22 Park Service is $400,000,000 for each 23 of fiscal years 2023 through 2026; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 51 •HR 3684 IH (II) the amount for the United 1 States Fish and Wildlife Service is 2 $50,000,000 for each of fiscal years 3 2023 through 2026; 4 (III) the amount for the United 5 States Forest Service is $50,000,000 6 for each of fiscal years 2023 through 7 2026; 8 (IV) the amount for the Corps of 9 Engineers is $16,000,000 for each of 10 fiscal years 2023 through 2026; 11 (V) the amount for the Bureau 12 of Land Management is $16,000,000 13 for each of fiscal years 2023 through 14 2026; 15 (VI) the amount for the Bureau 16 of Reclamation is $16,000,000 for 17 each of fiscal years 2023 through 18 2026; and 19 (VII) the amount for independent 20 Federal agencies with natural re- 21 source and land management respon- 22 sibilities is $7,000,000 for each of fis- 23 cal years 2023 through 2026. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 52 •HR 3684 IH (C) FEDERAL LANDS ACCESS PROGRAM.— 1 For the Federal lands access program under 2 section 204 of title 23, United States Code, 3 $345,000,000 for each of fiscal years 2023 4 through 2026. 5 (D) FEDERAL LANDS AND TRIBAL MAJOR 6 PROJECTS GRANTS.—To carry out section 208 7 of title 23, United States Code, $400,000,000 8 for each of fiscal years 2023 through 2026. 9 (5) TERRITORIAL AND PUERTO RICO HIGHWAY 10 PROGRAM.—For the territorial and Puerto Rico 11 highway program under section 165 of title 23, 12 United States Code, the amounts specified in para- 13 graphs (1) and (2) of section 165(a) for each of fis- 14 cal years 2023 through 2026. 15 (6) PROJECTS OF NATIONAL AND REGIONAL 16 SIGNIFICANCE.—For projects of national and re- 17 gional significance under section 117 of title 23, 18 United States Code, $3,000,000,000 for each of fis- 19 cal years 2023 through 2026. 20 (7) COMMUNITY TRANSPORTATION INVESTMENT 21 GRANTS.—To carry out section 173 of title 23, 22 United States Code, $600,000,000 for each of fiscal 23 years 2023 through 2026. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 53 •HR 3684 IH (8) COMMUNITY CLIMATE INNOVATION 1 GRANTS.—To carry out section 172 of title 23, 2 United States Code, $250,000,000 for each of fiscal 3 years 2023 through 2026. 4 (9) NATIONAL SCENIC BYWAYS PROGRAM.—To 5 carry out section 162 of title 23, United States 6 Code, $16,000,000 for each of fiscal year 2023 7 through 2026. 8 (10) REBUILD RURAL BRIDGES PROGRAM.— To 9 carry out section 1307 of this Act, $250,000,000 for 10 each of fiscal years 2023 through 2026. 11 (11) PARKING FOR COMMERCIAL MOTOR VEHI- 12 CLES.—To carry out section 1308 of this Act, 13 $250,000,000 for each of fiscal years 2023 through 14 2026. 15 (12) ACTIVE CONNECTED TRANSPORTATION 16 GRANT PROGRAM.—To carry out section 1309 of 17 this Act, $250,000,000 for each of fiscal years 2023 18 through 2026. 19 (13) WILDLIFE CROSSINGS PROGRAM.—To 20 carry out section 1310 of this Act, $100,000,000 for 21 each of fiscal years 2023 through 2026. 22 (14) RECONNECTING NEIGHBORHOODS PRO- 23 GRAM.—To carry out section 1311 of this Act, 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 54 •HR 3684 IH $750,000,000 for each of fiscal years 2023 through 1 2026. 2 (15) METRO PERFORMANCE PROGRAM.—To 3 carry out section 1305 of this Act, $250,000,000 for 4 each of fiscal years 2023 through 2026. 5 (16) GRIDLOCK REDUCTION GRANT PRO- 6 GRAM.—To carry out section 1306 of this Act, 7 $500,000,000 for fiscal year 2023. 8 (b) TREATMENT OF FUNDS.—Amounts made avail- 9 able under paragraphs (10) through (14) of subsection (a) 10 shall be administered as if apportioned under chapter 1 11 of title 23, United States Code. 12 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 13 (1) FINDINGS.—Congress finds that— 14 (A) despite the real improvements caused 15 by the disadvantaged business enterprise pro- 16 gram, minority- and women-owned businesses 17 across the country continue to confront serious 18 and significant obstacles to success caused by 19 race and gender discrimination in the federally 20 assisted surface transportation market and re- 21 lated markets across the United States; 22 (B) the continuing race and gender dis- 23 crimination described in subparagraph (A) mer- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 55 •HR 3684 IH its the continuation of the disadvantaged busi- 1 ness enterprise program; 2 (C) recently, the disparities cause by dis- 3 crimination against African American, Hispanic 4 American, Asian American, Native American, 5 and women business owners have been further 6 exacerbated by the coronavirus pandemic and 7 its disproportionate effects on minority- and 8 women-owned businesses across the nation; 9 (D) Congress has received and reviewed 10 testimony and documentation of race and gen- 11 der discrimination from numerous sources, in- 12 cluding congressional hearings and other inves- 13 tigative activities, scientific reports, reports 14 issued by public and private agencies at every 15 level of government, news reports, academic 16 publications, reports of discrimination by orga- 17 nizations and individuals, and discrimination 18 lawsuits, which continue to demonstrate that 19 race- and gender-neutral efforts alone are insuf- 20 ficient to address the problem; 21 (E) the testimony and documentation de- 22 scribed in subparagraph (D) demonstrate that 23 discrimination across the United States poses 24 an injurious and enduring barrier to full and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 56 •HR 3684 IH fair participation in surface transportation-re- 1 lated businesses of women business owners and 2 minority business owners and has negatively af- 3 fected firm formation, development and success 4 in many aspects of surface transportation-re- 5 lated business in the public and private mar- 6 kets; and 7 (F) the testimony and documentation de- 8 scribed in subparagraph (D) provide a clear pic- 9 ture of the inequality caused by discrimination 10 that continues to plague our nation and a 11 strong basis that there is a compelling need for 12 the continuation of the disadvantaged business 13 enterprise program to address race and gender 14 discrimination in surface transportation-related 15 business. 16 (2) DEFINITIONS.—In this subsection, the fol- 17 lowing definitions apply: 18 (A) SMALL BUSINESS CONCERN.—The 19 term ‘‘small business concern’’ means a small 20 business concern (as the term is used in section 21 3 of the Small Business Act (15 U.S.C. 632)). 22 (B) SOCIALLY AND ECONOMICALLY DIS- 23 ADVANTAGED INDIVIDUALS.—The term ‘‘so- 24 cially and economically disadvantaged individ- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 57 •HR 3684 IH uals’’ has the meaning given the term in section 1 8(d) of the Small Business Act (15 U.S.C. 2 637(d)) and relevant subcontracting regulations 3 issued pursuant to that Act, except that women 4 shall be presumed to be socially and economi- 5 cally disadvantaged individuals for purposes of 6 this subsection. 7 (3) AMOUNTS FOR SMALL BUSINESS CON- 8 CERNS.—Except to the extent that the Secretary of 9 Transportation determines otherwise, not less than 10 10 percent of the amounts made available for any 11 program under titles I, II, V, and VII of this divi- 12 sion and section 403 of title 23, United States Code, 13 shall be expended through small business concerns 14 owned and controlled by socially and economically 15 disadvantaged individuals. 16 (4) ANNUAL LISTING OF DISADVANTAGED BUSI- 17 NESS ENTERPRISES.—Each State shall annually— 18 (A) survey and compile a list of the small 19 business concerns referred to in paragraph (3) 20 in the State, including the location of the small 21 business concerns in the State; and 22 (B) notify the Secretary, in writing, of the 23 percentage of the small business concerns that 24 are controlled by— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 58 •HR 3684 IH (i) women; 1 (ii) socially and economically dis- 2 advantaged individuals (other than 3 women); and 4 (iii) individuals who are women and 5 are otherwise socially and economically dis- 6 advantaged individuals. 7 (5) UNIFORM CERTIFICATION.— 8 (A) IN GENERAL.—The Secretary of 9 Transportation shall establish minimum uni- 10 form criteria for use by State governments in 11 certifying whether a concern qualifies as a small 12 business concern for the purpose of this sub- 13 section. 14 (B) INCLUSIONS.—The minimum uniform 15 criteria established under subparagraph (A) 16 shall include, with respect to a potential small 17 business concern— 18 (i) on-site visits; 19 (ii) personal interviews with personnel; 20 (iii) issuance or inspection of licenses; 21 (iv) analyses of stock ownership; 22 (v) listings of equipment; 23 (vi) analyses of bonding capacity; 24 (vii) listings of work completed; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 59 •HR 3684 IH (viii) examination of the resumes of 1 principal owners; 2 (ix) analyses of financial capacity; and 3 (x) analyses of the type of work pre- 4 ferred. 5 (6) REPORTING.—The Secretary of Transpor- 6 tation shall establish minimum requirements for use 7 by State governments in reporting to the Sec- 8 retary— 9 (A) information concerning disadvantaged 10 business enterprise awards, commitments, and 11 achievements; and 12 (B) such other information as the Sec- 13 retary determines to be appropriate for the 14 proper monitoring of the disadvantaged busi- 15 ness enterprise program. 16 (7) COMPLIANCE WITH COURT ORDERS.—Noth- 17 ing in this subsection limits the eligibility of an indi- 18 vidual or entity to receive funds made available 19 under titles I, II, V, and VII of this division and sec- 20 tion 403 of title 23, United States Code, if the enti- 21 ty or person is prevented, in whole or in part, from 22 complying with paragraph (3) because a Federal 23 court issues a final order in which the court finds 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 60 •HR 3684 IH that a requirement or the implementation of para- 1 graph (3) is unconstitutional. 2 (8) SENSE OF CONGRESS ON PROMPT PAYMENT 3 OF DBE SUBCONTRACTORS.—It is the sense of Con- 4 gress that— 5 (A) the Secretary of Transportation should 6 take additional steps to ensure that recipients 7 comply with section 26.29 of title 49, Code of 8 Federal Regulations (the disadvantaged busi- 9 ness enterprises prompt payment rule), or any 10 corresponding regulation, in awarding federally 11 funded transportation contracts under laws and 12 regulations administered by the Secretary; and 13 (B) such additional steps should include 14 increasing the Department of Transportation’s 15 ability to track and keep records of complaints 16 and to make that information publicly available. 17 (d) LIMITATION ON FINANCIAL ASSISTANCE FOR 18 STATE-OWNED ENTERPRISES.— 19 (1) IN GENERAL.—Funds provided under this 20 section may not be used in awarding or exercising 21 an option on a previously awarded contract, a con- 22 tract, subcontract, grant, or loan to an entity that 23 is owned or controlled by, is a subsidiary of, or is 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 61 •HR 3684 IH otherwise related legally or financially to a corpora- 1 tion based in a country that— 2 (A) is identified as a nonmarket economy 3 country (as defined in section 771(18) of the 4 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 5 the date of enactment of this Act; 6 (B) was identified by the United States 7 Trade Representative in the most recent report 8 required by section 182 of the Trade Act of 9 1974 (19 U.S.C. 2242) as a priority foreign 10 country under subsection (a)(2) of that section; 11 and 12 (C) is subject to monitoring by the Trade 13 Representative under section 306 of the Trade 14 Act of 1974 (19 U.S.C. 2416). 15 (2) EXCEPTION.—For purposes of paragraph 16 (1), the term ‘‘otherwise related legally or finan- 17 cially’’ does not include a minority relationship or in- 18 vestment. 19 (3) INTERNATIONAL AGREEMENTS.—This sub- 20 section shall be applied in a manner consistent with 21 the obligations of the United States under inter- 22 national agreements. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 62 •HR 3684 IH SEC. 1102. OBLIGATION LIMITATION. 1 (a) GENERAL LIMITATION.—Subject to subsection 2 (e), and notwithstanding any other provision of law, the 3 obligations for Federal-aid highway and highway safety 4 construction programs shall not exceed— 5 (1) øTo be supplied.¿ for fiscal year 2023; 6 (2) øTo be supplied.¿ for fiscal year 2024; 7 (3) øTo be supplied.¿ for fiscal year 2025; and 8 (4) øTo be supplied.¿ for fiscal year 2026. 9 (b) EXCEPTIONS.—The limitations under subsection 10 (a) shall not apply to obligations under or for— 11 (1) section 125 of title 23, United States Code; 12 (2) section 147 of the Surface Transportation 13 Assistance Act of 1978 (23 U.S.C. 144 note; 92 14 Stat. 2714); 15 (3) section 9 of the Federal-Aid Highway Act 16 of 1981 (95 Stat. 1701); 17 (4) subsections (b) and (j) of section 131 of the 18 Surface Transportation Assistance Act of 1982 (96 19 Stat. 2119); 20 (5) subsections (b) and (c) of section 149 of the 21 Surface Transportation and Uniform Relocation As- 22 sistance Act of 1987 (101 Stat. 198); 23 (6) sections 1103 through 1108 of the Inter- 24 modal Surface Transportation Efficiency Act of 25 1991 (Public Law 102–240); 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 63 •HR 3684 IH (7) section 157 of title 23, United States Code 1 (as in effect on June 8, 1998); 2 (8) section 105 of title 23, United States Code 3 (as in effect for fiscal years 1998 through 2004, but 4 only in an amount equal to $639,000,000 for each 5 of those fiscal years); 6 (9) Federal-aid highway programs for which ob- 7 ligation authority was made available under the 8 Transportation Equity Act for the 21st Century 9 (112 Stat. 107) or subsequent Acts for multiple 10 years or to remain available until expended, but only 11 to the extent that the obligation authority has not 12 lapsed or been used; 13 (10) section 105 of title 23, United States Code 14 (as in effect for fiscal years 2005 through 2012, but 15 only in an amount equal to $639,000,000 for each 16 of those fiscal years); 17 (11) section 1603 of SAFETEA–LU (23 18 U.S.C. 118 note; 119 Stat. 1248), to the extent that 19 funds obligated in accordance with that section were 20 not subject to a limitation on obligations at the time 21 at which the funds were initially made available for 22 obligation; 23 (12) section 119 of title 23, United States Code 24 (as in effect for fiscal years 2013 through 2015, but 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 64 •HR 3684 IH only in an amount equal to $639,000,000 for each 1 of those fiscal years); 2 (13) section 119 of title 23, United States Code 3 (but, for fiscal years 2016 through 2022, only in an 4 amount equal to $639,000,000 for each of those fis- 5 cal years); 6 (14) section 203 of title 23, United States Code 7 (but, for fiscal years 2023 through 2026, only in an 8 amount equal to $550,000,000 for each of those fis- 9 cal years); and 10 (15) section 133(d)(1)(B) of title 23, United 11 States Code (but, for fiscal years 2023 through 12 2026, only in an amount equal to $89,000,000 for 13 each of those fiscal years). 14 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 15 Subject to paragraph (1)(B), for each of fiscal years 2023 16 through 2026, the Secretary of Transportation— 17 (1)(A) shall not distribute obligation authority 18 provided by subsection (a) for the fiscal year for— 19 (i) amounts authorized for administrative 20 expenses and programs by section 104(a) of 21 title 23, United States Code; 22 (ii) amounts authorized for the Bureau of 23 Transportation Statistics; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 65 •HR 3684 IH (iii) amounts authorized for the tribal 1 transportation program under section 202 of 2 title 23, United States Code; and 3 (iv) amounts authorized for the territorial 4 and Puerto Rico highway program under sec- 5 tion 165(a) of title 23, United States Code; and 6 (B) for each of fiscal years 2023 through 2026, 7 in addition to the amounts described in subpara- 8 graph (A), shall not distribute obligation authority 9 provided by subsection (a) for the fiscal year for 10 amounts authorized for the metro performance pro- 11 gram under section 1305 of this Act; 12 (2) shall not distribute an amount of obligation 13 authority provided by subsection (a) that is equal to 14 the unobligated balance of amounts— 15 (A) made available from the Highway 16 Trust Fund (other than the Mass Transit Ac- 17 count) for Federal-aid highway and highway 18 safety construction programs for previous fiscal 19 years, the funds for which are allocated by the 20 Secretary (or apportioned by the Secretary 21 under section 202 or 204 of title 23, United 22 States Code); and 23 (B) for which obligation authority was pro- 24 vided in a previous fiscal year; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 66 •HR 3684 IH (3) shall determine the proportion that— 1 (A) the obligation authority provided by 2 subsection (a) for the fiscal year, less the aggre- 3 gate of amounts not distributed under para- 4 graphs (1) and (2) of this subsection; bears to 5 (B) the total of— 6 (i) the sums authorized to be appro- 7 priated for the Federal-aid highway and 8 highway safety construction programs, 9 other than sums authorized to be appro- 10 priated for— 11 (I) provisions of law described in 12 paragraphs (1) through (13) of sub- 13 section (b); 14 (II) section 203 of title 23, 15 United States Code, equal to the 16 amount referred to in subsection 17 (b)(14) for the fiscal year; and 18 (III) section 133(d)(1)(B) of title 19 23, United States Code, equal to the 20 amount referred to in subsection 21 (b)(15) for the fiscal year; less 22 (ii) the aggregate of the amounts not 23 distributed under paragraphs (1) and (2) 24 of this subsection; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 67 •HR 3684 IH (4) shall distribute the obligation authority pro- 1 vided by subsection (a), less the aggregate amounts 2 not distributed under paragraphs (1) and (2), for 3 each of the programs (other than programs to which 4 paragraph (1) applies) that are allocated by the Sec- 5 retary under this Act and title 23, United States 6 Code, or apportioned by the Secretary under section 7 202 or 204 of such title, by multiplying— 8 (A) the proportion determined under para- 9 graph (3); by 10 (B) the amounts authorized to be appro- 11 priated for each such program for the fiscal 12 year; and 13 (5) shall distribute the obligation authority pro- 14 vided by subsection (a), less the aggregate amounts 15 not distributed under paragraphs (1) and (2) and 16 the amounts distributed under paragraph (4), for 17 Federal-aid highway and highway safety construc- 18 tion programs that are apportioned by the Secretary 19 under title 23, United States Code (other than the 20 amounts apportioned for the surface transportation 21 program in section 133(d)(1)(B) of title 23, United 22 States Code, that are exempt from the limitation 23 under subsection (b)(15) and the amounts appor- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 68 •HR 3684 IH tioned under sections 202 and 204 of such title) in 1 the proportion that— 2 (A) amounts authorized to be appropriated 3 for the programs that are apportioned under 4 title 23, United States Code, to each State for 5 the fiscal year; bears to 6 (B) the total of the amounts authorized to 7 be appropriated for the programs that are ap- 8 portioned under title 23, United States Code, to 9 all States for the fiscal year. 10 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU- 11 THORITY.—Notwithstanding subsection (c), the Secretary 12 of Transportation shall, after August 1 of each of fiscal 13 years 2023 through 2026— 14 (1) revise a distribution of the obligation au- 15 thority made available under subsection (c) if an 16 amount distributed cannot be obligated during that 17 fiscal year; and 18 (2) redistribute sufficient amounts to those 19 States able to obligate amounts in addition to those 20 previously distributed during that fiscal year, giving 21 priority to those States having large unobligated bal- 22 ances of funds apportioned under section 104 of title 23 23, United States Code. 24 (e) SPECIAL LIMITATION.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 69 •HR 3684 IH (1) IN GENERAL.—Except as provided in para- 1 graph (2), obligation limitations imposed by sub- 2 section (a) shall apply to contract authority for— 3 (A) transportation research programs car- 4 ried out under chapter 5 of title 23, United 5 States Code, and title V of this Act; and 6 (B) the metro performance program under 7 section 1305 of this Act. 8 (2) EXCEPTION.—Obligation authority made 9 available under paragraph (1) shall— 10 (A) remain available for a period of 4 fis- 11 cal years; and 12 (B) be in addition to the amount of any 13 limitation imposed on obligations for Federal- 14 aid highway and highway safety construction 15 programs for future fiscal years. 16 (f) LOP-OFF.— 17 (1) IN GENERAL.—Not later than 30 days after 18 the date of distribution of obligation authority under 19 subsection (c) for each of fiscal years 2023 through 20 2026, the Secretary of Transportation shall dis- 21 tribute to the States any funds that— 22 (A) are authorized to be appropriated for 23 the fiscal year for Federal-aid highway pro- 24 grams; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 70 •HR 3684 IH (B) the Secretary determines will not be 1 allocated to the States (or will not be appor- 2 tioned to the States under section 204 of title 3 23, United States Code), and will not be avail- 4 able for obligation, for the fiscal year because 5 of the imposition of any obligation limitation for 6 the fiscal year. 7 (2) RATIO.—Funds shall be distributed under 8 paragraph (1) in the same proportion as the dis- 9 tribution of obligation authority under subsection 10 (c)(5). 11 (3) AVAILABILITY.—Funds distributed to each 12 State under paragraph (1) shall be available for any 13 purpose described in section 133(b) of title 23, 14 United States Code. 15 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 16 Section 101 of title 23, United States Code, is 17 amended— 18 (1) in subsection (a)— 19 (A) by redesignating paragraphs (1), (2), 20 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 21 (13), (14), (15), (16), (17), (18), (19), (20), 22 (21), (22), (23), (24), (25), (26), (27), (28), 23 (29), (30), (31), (32), (33), and (34) as para- 24 graphs (2), (4), (5), (7), (9), (11), (12), (13), 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 71 •HR 3684 IH (14), (15), (17), (18), (19), (20), (21), (22), 1 (24), (25), (26), (27), (29), (30), (33), (34), 2 (35), (36), (37), (38), (39), (43), (44), (45), 3 (46), and (47), respectively; 4 (B) by inserting before paragraph (2), as 5 so redesignated, the following: 6 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 7 means an adjustment in natural or human systems 8 in anticipation of, or in response to, a changing envi- 9 ronment in a way that moderates negative effects of 10 extreme events or climate change.’’; 11 (C) by inserting before paragraph (4), as 12 so redesignated, the following: 13 ‘‘(3) AREAS OF PERSISTENT POVERTY.—The 14 term ‘areas of persistent poverty’ means— 15 ‘‘(A) any county that has had 20 percent 16 or more of the population of such county living 17 in poverty over the past 30 years, as measured 18 by the 1990 and 2000 decennial censuses and 19 the most recent Small Area Income and Poverty 20 Estimates; 21 ‘‘(B) any census tract with a poverty rate 22 of at least 20 percent, as measured by the most 23 recent 5-year data series available from the 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 72 •HR 3684 IH American Community Survey of the Bureau of 1 the Census for all States and Puerto Rico; or 2 ‘‘(C) any other territory or possession of 3 the United States that has had 20 percent or 4 more of its population living in poverty over the 5 past 30 years, as measured by the 1990, 2000, 6 and 2010 decennial censuses, or equivalent 7 data, of the Bureau of the Census.’’. 8 (D) by inserting after paragraph (5), as so 9 redesignated, the following: 10 ‘‘(6) CLIMATE CHANGE.—The term ‘climate 11 change’ means any significant change in the meas- 12 ures of climate lasting for an extended period of 13 time, and may include major changes in tempera- 14 ture, precipitation, wind patterns, or sea level, 15 among others, that occur over several decades or 16 longer.’’; 17 (E) in paragraph (7)(A), as so redesig- 18 nated, by inserting ‘‘assessing resilience,’’ after 19 ‘‘surveying,’’; 20 (F) by inserting after paragraph (7), as so 21 redesignated, the following: 22 ‘‘(8) CONTEXT SENSITIVE DESIGN PRIN- 23 CIPLES.—The term ‘context sensitive design prin- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 73 •HR 3684 IH ciples’ means principles for the design of a public 1 road that— 2 ‘‘(A) provides for the safe and adequate 3 accommodation, in all phases of project plan- 4 ning, design, and development, transportation 5 facilities for users, including pedestrians, 6 bicyclists, public transportation users, children, 7 older individuals, individuals with disabilities, 8 motorists, and freight vehicles; and 9 ‘‘(B) considers the context in which the fa- 10 cility is planned to be constructed to determine 11 the appropriate facility design.’’; 12 (G) by inserting after paragraph (9), as so 13 redesignated, the following: 14 ‘‘(10) EVACUATION ROUTE.—The term ‘evacu- 15 ation route’ means a transportation route or system 16 that— 17 ‘‘(A) is used to transport— 18 ‘‘(i) the public away from an emer- 19 gency event; or 20 ‘‘(ii) first responders and recovery re- 21 sources in the event of an emergency; and 22 ‘‘(B) is identified, consistent with sections 23 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 24 eligible entity with jurisdiction over the area in 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 74 •HR 3684 IH which the route is located for the purposes de- 1 scribed in subparagraph (A).’’; 2 (H) by inserting after paragraph (15), as 3 so redesignated, the following: 4 ‘‘(16) GREENHOUSE GAS.—The term ‘green- 5 house gas’ has the meaning given the term in section 6 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7 7545(o)(1)(G)).’’; 8 (I) by inserting after paragraph (21), as so 9 redesignated, the following: 10 ‘‘(23) NATURAL INFRASTRUCTURE.— 11 ‘‘(A) IN GENERAL.—The term ‘natural in- 12 frastructure’ means infrastructure that uses, re- 13 stores, or emulates natural ecological processes 14 that— 15 ‘‘(i) is created through the action of 16 natural physical, geological, biological, and 17 chemical processes over time; 18 ‘‘(ii) is created by human design, en- 19 gineering, and construction to emulate or 20 act in concert with natural processes; or 21 ‘‘(iii) involves the use of plants, soils, 22 and other natural features, including 23 through the creation, restoration, or pres- 24 ervation of vegetated areas using materials 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 75 •HR 3684 IH appropriate to the region to manage 1 stormwater and runoff, to attenuate flood- 2 ing and storm surges, and for other related 3 purposes. 4 ‘‘(B) INCLUSION.—The term ‘natural in- 5 frastructure’ includes green infrastructure and 6 nature-based solutions.’’; 7 (J) by inserting after paragraph (27), as 8 so redesignated, the following: 9 ‘‘(28) PROTECTIVE FEATURE.— 10 ‘‘(A) IN GENERAL.—The term ‘protective 11 feature’ means an improvement to a highway, 12 bridge, or other transportation facility designed 13 to increase resilience or mitigate the risk of re- 14 curring damage or the cost of future repairs 15 from climate change effects (including sea level 16 rise), flooding, and extreme events or other nat- 17 ural disasters (including wildfires, seismic activ- 18 ity, and landslides). 19 ‘‘(B) INCLUSIONS.—The term ‘protective 20 feature’ includes— 21 ‘‘(i) raising roadway grades; 22 ‘‘(ii) relocating roadways to higher 23 ground above projected flood elevation lev- 24 els or away from slide prone areas; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 76 •HR 3684 IH ‘‘(iii) stabilizing slide areas; 1 ‘‘(iv) stabilizing slopes; 2 ‘‘(v) lengthening or raising bridges to 3 increase waterway openings; 4 ‘‘(vi) increasing the size or number of 5 drainage structures; 6 ‘‘(vii) replacing culverts with bridges 7 or upsizing culverts; 8 ‘‘(viii) installing seismic retrofits on 9 bridges; 10 ‘‘(ix) scour, stream stability, coastal, 11 and other hydraulic countermeasures; 12 ‘‘(x) the use of natural infrastructure; 13 ‘‘(xi) integration of the use of tradi- 14 tional and natural infrastructure features; 15 ‘‘(xii) undergrounding public utilities 16 in the course of other infrastructure im- 17 provements eligible under this title; and 18 ‘‘(xiii) permeable pavements for 19 stormwater management.’’; 20 (K) by inserting after paragraph (30), as 21 so redesignated, the following: 22 ‘‘(31) REPEATEDLY DAMAGED FACILITY.—The 23 term ‘repeatedly damaged facility’ means a road, 24 highway, or bridge that has required repair and re- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 77 •HR 3684 IH construction activities on 2 or more occasions due to 1 natural disasters or catastrophic failures resulting in 2 emergencies declared by the Governor of the State 3 in which the road, highway, or bridge is located or 4 emergencies or major disasters declared by the 5 President under the Robert T. Stafford Disaster Re- 6 lief and Emergency Assistance Act (42 U.S.C. 5121 7 et seq.). 8 ‘‘(32) RESILIENCE.— 9 ‘‘(A) IN GENERAL.—The term ‘resilience’ 10 means, with respect to a facility, the ability 11 to— 12 ‘‘(i) anticipate, prepare for, or adapt 13 to conditions; or 14 ‘‘(ii) withstand, respond to, or recover 15 rapidly from disruptions. 16 ‘‘(B) INCLUSIONS.—Such term includes, 17 with respect to a facility, the ability to— 18 ‘‘(i) resist hazards or withstand im- 19 pacts from disruptions; 20 ‘‘(ii) reduce the magnitude, duration, 21 or impact of a disruption; or 22 ‘‘(iii) have the absorptive capacity, 23 adaptive capacity, and recoverability to de- 24 crease vulnerability to a disruption.’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 78 •HR 3684 IH (L) by inserting after paragraph (36), as 1 so redesignated, the following: 2 ‘‘(40) TRANSPORTATION DEMAND MANAGE- 3 MENT; TDM.—The terms ‘transportation demand 4 management’ and ‘TDM’ mean the use of strategies 5 to inform and encourage travelers to maximize the 6 efficiency of a transportation system leading to im- 7 proved mobility, reduced congestion, and lower vehi- 8 cle emissions. 9 ‘‘(41) TRANSPORTATION DEMAND MANAGE- 10 MENT STRATEGIES.—The term ‘transportation de- 11 mand management strategies’ means the use of 12 planning, programs, policy, marketing, communica- 13 tions, incentives, pricing, data, and technology to 14 shift travel mode, routes used, departure times, 15 number of trips, and location and design work space 16 or public attractions. 17 ‘‘(42) TRANSPORTATION SYSTEM ACCESS.—The 18 term ‘transportation system access’ means the abil- 19 ity to travel by automobile, public transportation, 20 pedestrian, and bicycle networks, measured by travel 21 time, taking into consideration— 22 ‘‘(A) the impacts of the level of travel 23 stress for non-motorized users; 24 ‘‘(B) costs for low-income travelers; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 79 •HR 3684 IH ‘‘(C) the extent to which transportation ac- 1 cess is impacted by zoning policies and land use 2 planning practices that effect the affordability, 3 elasticity, and diversity of the housing supply.’’; 4 and 5 (2) in subsection (b)— 6 (A) in paragraph (1) by striking ‘‘De- 7 fense,’’ and inserting ‘‘Defense Highways,’’; 8 (B) in paragraph (3)— 9 (i) in subparagraph (A) by striking 10 ‘‘Century’’ and inserting ‘‘century’’; 11 (ii) in subparagraph (G) by striking ‘‘; 12 and’’ and inserting a semicolon; 13 (iii) in subparagraph (H) by striking 14 ‘‘Century.’’ and inserting ‘‘century;’’; and 15 (iv) by adding at the end the fol- 16 lowing: 17 ‘‘(I) safety is the highest priority of the 18 Department of Transportation, and the Sec- 19 retary and States should take all actions nec- 20 essary to meet the transportation needs of the 21 21st century for all road users; 22 ‘‘(J) climate change presents a significant 23 risk to safety, the economy, and national secu- 24 rity, and reducing the contributions of the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 80 •HR 3684 IH transportation system to the Nation’s total car- 1 bon pollution is critical; and 2 ‘‘(K) the Secretary and States should take 3 appropriate measures and ensure investments 4 to increase the resilience of the Nation’s trans- 5 portation system.’’; and 6 (C) in paragraph (4)(A) by inserting 7 ‘‘while ensuring that environmental protections 8 are maintained’’ after ‘‘review process’’. 9 SEC. 1104. APPORTIONMENT. 10 (a) IN GENERAL.—Section 104 of title 23, United 11 States Code, is amended— 12 (1) in subsection (a)(1) by striking subpara- 13 graphs (A) through (E) and inserting the following: 14 ‘‘(A) $530,000,000 for fiscal year 2023; 15 ‘‘(B) $543,000,000 for fiscal year 2024; 16 ‘‘(C) $557,000,000 for fiscal year 2025; 17 and 18 ‘‘(D) $572,000,000 for fiscal year 2026.’’; 19 (2) by striking subsections (b) and (c) and in- 20 serting the following: 21 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S 22 SHARE OF BASE APPORTIONMENT.—The Secretary shall 23 distribute the amount of the base apportionment appor- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 81 •HR 3684 IH tioned to a State for a fiscal year under subsection (c) 1 among the covered programs as follows: 2 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO- 3 GRAM.—For the national highway performance pro- 4 gram, 55.09 percent of the amount remaining after 5 distributing amounts under paragraphs (4), (6), (7), 6 and (10). 7 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.— 8 For the surface transportation program, 28.43 per- 9 cent of the amount remaining after distributing 10 amounts under paragraphs (4), (6), (7), and (10). 11 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO- 12 GRAM.—For the highway safety improvement pro- 13 gram, 6.19 percent of the amount remaining after 14 distributing amounts under paragraphs (4), (6), (7), 15 and (10). 16 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL- 17 ITY IMPROVEMENT PROGRAM.— 18 ‘‘(A) IN GENERAL.—For the congestion 19 mitigation and air quality improvement pro- 20 gram, an amount determined for the State 21 under subparagraphs (B) and (C). 22 ‘‘(B) TOTAL AMOUNT.—The total amount 23 for the congestion mitigation and air quality 24 improvement program for all States shall be— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 82 •HR 3684 IH ‘‘(i) $2,913,925,833 for fiscal year 1 2023; 2 ‘‘(ii) $2,964,919,535 for fiscal year 3 2024; 4 ‘‘(iii) $3,024,217,926 for fiscal year 5 2025; and 6 ‘‘(iv) $3,078,653,849 for fiscal year 7 2026. 8 ‘‘(C) STATE SHARE.—For each fiscal year, 9 the Secretary shall distribute among the States 10 the amount for the congestion mitigation and 11 air quality improvement program under sub- 12 paragraph (B) so that each State receives an 13 amount equal to the proportion that— 14 ‘‘(i) the amount apportioned to the 15 State for the congestion mitigation and air 16 quality improvement program for fiscal 17 year 2020; bears to 18 ‘‘(ii) the total amount of funds appor- 19 tioned to all States for such program for 20 fiscal year 2020. 21 ‘‘(5) NATIONAL HIGHWAY FREIGHT PRO- 22 GRAM.—For the national highway freight program, 23 3.38 percent of the amount remaining after distrib- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 83 •HR 3684 IH uting amounts under paragraphs (4), (6), (7), and 1 (10). 2 ‘‘(6) METROPOLITAN PLANNING.— 3 ‘‘(A) IN GENERAL.—For metropolitan 4 planning, an amount determined for the State 5 under subparagraphs (B) and (C). 6 ‘‘(B) TOTAL AMOUNT.—The total amount 7 for metropolitan planning for all States shall 8 be— 9 ‘‘(i) $507,500,000 for fiscal year 10 2023; 11 ‘‘(ii) $516,381,250 for fiscal year 12 2024; 13 ‘‘(iii) $526,708,875 for fiscal year 14 2025; and 15 ‘‘(iv) $536,189,635 for fiscal year 16 2026. 17 ‘‘(C) STATE SHARE.—For each fiscal year, 18 the Secretary shall distribute among the States 19 the amount for metropolitan planning under 20 subparagraph (B) so that each State receives 21 an amount equal to the proportion that— 22 ‘‘(i) the amount apportioned to the 23 State for metropolitan planning for fiscal 24 year 2020; bears to 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 84 •HR 3684 IH ‘‘(ii) the total amount of funds appor- 1 tioned to all States for metropolitan plan- 2 ning for fiscal year 2020. 3 ‘‘(7) RAILWAY CROSSINGS.— 4 ‘‘(A) IN GENERAL.—For the railway cross- 5 ings program, an amount determined for the 6 State under subparagraphs (B) and (C). 7 ‘‘(B) TOTAL AMOUNT.—The total amount 8 for the railway crossings program for all States 9 shall be $245,000,000 for each of fiscal years 10 2023 through 2026. 11 ‘‘(C) STATE SHARE.— 12 ‘‘(i) IN GENERAL.—For each fiscal 13 year, the Secretary shall distribute among 14 the States the amount for the railway 15 crossings program under subparagraph (B) 16 as follows: 17 ‘‘(I) 50 percent of the amount for 18 a fiscal year shall be apportioned to 19 States by the formula set forth in sec- 20 tion 104(b)(3)(A) (as in effect on the 21 day before the date of enactment of 22 MAP–21). 23 ‘‘(II) 50 percent of the amount 24 for a fiscal year shall be apportioned 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 85 •HR 3684 IH to States in the ratio that total public 1 railway-highway crossings in each 2 State bears to the total of such cross- 3 ings in all States. 4 ‘‘(ii) MINIMUM APPORTIONMENT.— 5 Notwithstanding clause (i), for each fiscal 6 year, each State shall receive a minimum 7 of one-half of 1 percent of the total 8 amount for the railway crossings program 9 for such fiscal year under subparagraph 10 (B). 11 ‘‘(8) PREDISASTER MITIGATION PROGRAM.— 12 For the predisaster mitigation program, 2.96 per- 13 cent of the amount remaining after distributing 14 amounts under paragraphs (4), (6), (7), and (10). 15 ‘‘(9) CARBON POLLUTION REDUCTION PRO- 16 GRAM.—For the carbon pollution reduction program, 17 3.95 percent of the amount remaining after distrib- 18 uting amounts under paragraphs (4), (6), (7), and 19 (10). 20 ‘‘(10) CLEAN CORRIDORS.— 21 ‘‘(A) IN GENERAL.—For the clean cor- 22 ridors program, an amount determined for the 23 State under subparagraphs (B) and (C). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 86 •HR 3684 IH ‘‘(B) TOTAL AMOUNT.—The total amount 1 for the clean corridors program for all States 2 shall be $1,000,000,000 for each of fiscal years 3 2023 through 2026. 4 ‘‘(C) STATE SHARE.—For each fiscal year, 5 the Secretary shall distribute among the States 6 the total amount for the clean corridors pro- 7 gram under subparagraph (B) so that each 8 State receives the amount equal to the propor- 9 tion that— 10 ‘‘(i) the total base apportionment de- 11 termined for the State under subsection 12 (c); bears to 13 ‘‘(ii) the total base apportionments for 14 all States under subsection (c). 15 ‘‘(c) CALCULATION OF AMOUNTS.— 16 ‘‘(1) STATE SHARE.—For each of fiscal years 17 2023 through 2026, the amount for each State shall 18 be determined as follows: 19 ‘‘(A) INITIAL AMOUNTS.—The initial 20 amounts for each State shall be determined by 21 multiplying— 22 ‘‘(i) each of— 23 ‘‘(I) the base apportionment; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 87 •HR 3684 IH ‘‘(II) supplemental funds re- 1 served under subsection (h)(1) for the 2 highway safety improvement program; 3 by 4 ‘‘(ii) the share for each State, which 5 shall be equal to the proportion that— 6 ‘‘(I) the amount of apportion- 7 ments that the State received for fis- 8 cal year 2020; bears to 9 ‘‘(II) the amount of those appor- 10 tionments received by all States for 11 fiscal year 2020. 12 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 13 initial amounts resulting from the calculation 14 under subparagraph (A) shall be adjusted to 15 ensure that each State receives an aggregate 16 apportionment equal to at least 95 percent of 17 the estimated tax payments attributable to 18 highway users in the State paid into the High- 19 way Trust Fund (other than the Mass Transit 20 Account) in the most recent fiscal year for 21 which data are available. 22 ‘‘(2) STATE APPORTIONMENT.—On October 1 23 of fiscal years 2023 through 2026, the Secretary 24 shall apportion the sums authorized to be appro- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 88 •HR 3684 IH priated for expenditure on the covered programs in 1 accordance with paragraph (1).’’; 2 (3) in subsection (d)(1)(A)— 3 (A) in clause (i) by striking ‘‘paragraphs 4 (5)(D) and (6) of subsection (b)’’ and inserting 5 ‘‘subsection (b)(6)’’; and 6 (B) in clause (ii) by striking ‘‘paragraphs 7 (5)(D) and (6) of subsection (b)’’ and inserting 8 ‘‘subsection (b)(6)’’; and 9 (4) by striking subsections (h) and (i) and in- 10 serting the following: 11 ‘‘(h) SUPPLEMENTAL FUNDS.— 12 ‘‘(1) AMOUNT.—Before making an apportion- 13 ment for a fiscal year under subsection (c), the Sec- 14 retary shall reserve for the highway safety improve- 15 ment program under section 148 $500,000,000 for 16 each of fiscal years 2023 through 2026 for the pur- 17 pose of the safe streets set-aside under section 18 148(m). 19 ‘‘(2) TREATMENT OF FUNDS.—Funds reserved 20 under paragraph (1) and apportioned to a State 21 under subsection (c) shall be treated as if appor- 22 tioned under subsection (b)(3), and shall be in addi- 23 tion to amounts apportioned under such subsection. 24 ‘‘(i) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 89 •HR 3684 IH ‘‘(1) BASE APPORTIONMENT.—The term ‘base 1 apportionment’ means— 2 ‘‘(A) the combined amount authorized for 3 the covered programs; minus 4 ‘‘(B) the supplemental funds reserved 5 under subsection (h) for the highway safety im- 6 provement program. 7 ‘‘(2) COVERED PROGRAMS.—The term ‘covered 8 programs’ means— 9 ‘‘(A) the national highway performance 10 program under section 119; 11 ‘‘(B) the surface transportation program 12 under section 133; 13 ‘‘(C) the highway safety improvement pro- 14 gram under section 148; 15 ‘‘(D) the congestion mitigation and air 16 quality improvement program under section 17 149; 18 ‘‘(E) the national highway freight program 19 under section 167; 20 ‘‘(F) metropolitan planning under section 21 134; 22 ‘‘(G) the railway crossings program under 23 section 130; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 90 •HR 3684 IH ‘‘(H) the predisaster mitigation program 1 under section 124; 2 ‘‘(I) the carbon pollution reduction pro- 3 gram under section 171; and 4 ‘‘(J) the clean corridors program under 5 section 151.’’. 6 (b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) 7 of title 23, United States Code, is amended— 8 (1) in subparagraph (A) by striking ‘‘(5)(D),’’; 9 and 10 (2) in subparagraph (C)(i) by striking 11 ‘‘(5)(D),’’. 12 (c) METROPOLITAN TRANSPORTATION PLANNING; 13 TITLE 23.—Section 134(p) of title 23, United States 14 Code, is amended by striking ‘‘paragraphs (5)(D) and (6) 15 of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 16 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 17 TATION PLANNING.—Section 135(i) of title 23, United 18 States Code, is amended by striking ‘‘paragraphs (5)(D) 19 and (6) of section 104(b)’’ and inserting ‘‘section 20 104(b)(6)’’. 21 (e) METROPOLITAN TRANSPORTATION PLANNING; 22 TITLE 49.—Section 5303(p) of title 49, United States 23 Code, is amended by striking ‘‘section 104(b)(5)’’ and in- 24 serting ‘‘section 104(b)(6)’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 91 •HR 3684 IH SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 1 FUND. 2 Section 105 of title 23, United States Code, is 3 amended— 4 (1) in subsection (a) by striking ‘‘FAST Act’’ 5 and inserting ‘‘INVEST in America Act’’; 6 (2) in subsection (c)— 7 (A) in paragraph (1)(A) by striking ‘‘to be 8 appropriated’’ each place it appears; and 9 (B) by adding at the end the following: 10 ‘‘(4) SPECIAL RULE.— 11 ‘‘(A) ADJUSTMENT.—In making an adjust- 12 ment under paragraph (1) for an allocation, 13 reservation, or set-aside from an amount au- 14 thorized from the Highway Account or Mass 15 Transit Account described in subparagraph (B), 16 the Secretary shall— 17 ‘‘(i) determine the ratio that— 18 ‘‘(I) the amount authorized to be 19 appropriated for the allocation, res- 20 ervation, or set-aside from the account 21 for the fiscal year; bears to 22 ‘‘(II) the total amount authorized 23 to be appropriated for such fiscal year 24 for all programs under such account; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 92 •HR 3684 IH ‘‘(ii) multiply the ratio determined 1 under clause (i) by the amount of the ad- 2 justment determined under subsection 3 (b)(1)(B); and 4 ‘‘(iii) adjust the amount that the Sec- 5 retary would have allocated for the alloca- 6 tion, reservation, or set-aside for such fis- 7 cal year but for this section by the amount 8 calculated under clause (ii). 9 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND 10 SET-ASIDES.—The allocations, reservations, and 11 set-asides described in this subparagraph are— 12 ‘‘(i) from the amount made available 13 for a fiscal year for the Federal lands 14 transportation program under section 203, 15 the amounts allocated for a fiscal year for 16 the National Park Service, the United 17 States Fish and Wildlife Service, the 18 United States Forest Service, the Corps of 19 Engineers, the Bureau of Land Manage- 20 ment, the Bureau of Reclamation, and 21 independent Federal agencies with natural 22 resource and land management responsibil- 23 ities; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 93 •HR 3684 IH ‘‘(ii) the amount made available for 1 the Puerto Rico highway program under 2 section 165(a)(1); 3 ‘‘(iii) the amount made available for 4 the territorial highway program under sec- 5 tion 165(a)(2); 6 ‘‘(iv) from the amounts made avail- 7 able for a fiscal year for the urbanized 8 areas formula grants under section 5307 9 of title 49, the amounts allocated for a fis- 10 cal year for the passenger ferry grant pro- 11 gram under section 5307(h) of such title; 12 ‘‘(v) from the amounts made available 13 for a fiscal year for the formula grants for 14 rural areas under section 5311 of such 15 title, the amounts allocated for a fiscal 16 year for public transportation on Indian 17 reservations; 18 ‘‘(vi) from the amounts made avail- 19 able for a fiscal year for the public trans- 20 portation innovation program under sec- 21 tion 5312 of such title— 22 ‘‘(I) the amounts allocated for 23 the zero emission vehicle component 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 94 •HR 3684 IH assessment under section 5312(h) of 1 such title; and 2 ‘‘(II) the amounts allocated for 3 the transit cooperative research pro- 4 gram under section 5312(i) of such 5 title; 6 ‘‘(vii) from the amounts made avail- 7 able for a fiscal year for the technical as- 8 sistance and workforce development pro- 9 gram of section 5314 of such title, the 10 amounts allocated for the national transit 11 institute under section 5314(c) of such 12 title; 13 ‘‘(viii) from the amounts made avail- 14 able for a fiscal year for the bus and bus 15 facilities program under section 5339 of 16 such title, the amounts allocated for a fis- 17 cal year for the zero emission grants under 18 section 5339(c) of such title; 19 ‘‘(ix) the amounts made available for 20 growing States under section 5340(c) of 21 such title; and 22 ‘‘(x) the amounts made available for 23 high density states under section 5340(d) 24 of such title.’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 95 •HR 3684 IH (3) in subsection (d) by inserting ‘‘and section 1 5324 of title 49’’ after ‘‘section 125’’; 2 (4) in subsection (e)— 3 (A) by striking ‘‘There is authorized’’ and 4 inserting ‘‘For fiscal year 2023 and each fiscal 5 year thereafter, there is authorized’’; and 6 (B) by striking ‘‘for any of fiscal years 7 2017 through 2020’’; and 8 (5) in subsection (f)(1) by striking ‘‘section 9 1102 or 3018 of the FAST Act’’ and inserting ‘‘any 10 other provision of law’’. 11 SEC. 1106. TRANSPARENCY. 12 (a) APPORTIONMENT.—Section 104 of title 23, 13 United States Code, is amended by striking subsection (g) 14 and inserting the following: 15 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND 16 ACCOUNTABILITY REPORTS.— 17 ‘‘(1) REQUIREMENT.— 18 ‘‘(A) IN GENERAL.—The Secretary shall 19 compile data in accordance with this subsection 20 on the use of Federal-aid highway funds made 21 available under this title. 22 ‘‘(B) USER FRIENDLY DATA.—The data 23 compiled under subparagraph (A) shall be in a 24 user friendly format that can be searched, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 96 •HR 3684 IH downloaded, disaggregated, and filtered by data 1 category. 2 ‘‘(2) PROJECT DATA.— 3 ‘‘(A) IN GENERAL.—Not later than 120 4 days after the end of each fiscal year, the Sec- 5 retary shall make available on the website of 6 the Department of Transportation a report that 7 describes— 8 ‘‘(i) the location of each active project 9 within each State during such fiscal year, 10 including in which congressional district or 11 districts such project is located; 12 ‘‘(ii) the total cost of such project; 13 ‘‘(iii) the amount of Federal funding 14 obligated for such project; 15 ‘‘(iv) the program or programs from 16 which Federal funds have been obligated 17 for such project; 18 ‘‘(v) whether such project is located in 19 an area of the State with a population of— 20 ‘‘(I) less than 5,000 individuals; 21 ‘‘(II) 5,000 or more individuals 22 but less than 50,000 individuals; 23 ‘‘(III) 50,000 or more individuals 24 but less than 200,001 individuals; or 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 97 •HR 3684 IH ‘‘(IV) greater than 200,000 indi- 1 viduals; 2 ‘‘(vi) whether such project is located 3 in an area of persistent poverty; 4 ‘‘(vii) the type of improvement being 5 made by such project, including catego- 6 rizing such project as— 7 ‘‘(I) a road reconstruction 8 project; 9 ‘‘(II) a new road construction 10 project; 11 ‘‘(III) a new bridge construction 12 project; 13 ‘‘(IV) a bridge rehabilitation 14 project; or 15 ‘‘(V) a bridge replacement 16 project; and 17 ‘‘(viii) the functional classification of 18 the roadway on which such project is lo- 19 cated. 20 ‘‘(B) INTERACTIVE MAP.—In addition to 21 the data made available under subparagraph 22 (A), the Secretary shall make available on the 23 website of the Department of Transportation an 24 interactive map that displays, for each active 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 98 •HR 3684 IH project, the information described in clauses (i) 1 through (v) of subparagraph (A). 2 ‘‘(3) STATE DATA.— 3 ‘‘(A) APPORTIONED AND ALLOCATED PRO- 4 GRAMS.—The website described in paragraph 5 (2)(A) shall be updated annually to display the 6 Federal-aid highway funds apportioned and al- 7 located to each State under this title, includ- 8 ing— 9 ‘‘(i) the amount of funding available 10 for obligation by the State, including prior 11 unobligated balances, at the start of the 12 fiscal year; 13 ‘‘(ii) the amount of funding obligated 14 by the State during such fiscal year; 15 ‘‘(iii) the amount of funding remain- 16 ing available for obligation by the State at 17 the end of such fiscal year; and 18 ‘‘(iv) changes in the obligated, unex- 19 pended balance for the State. 20 ‘‘(B) PROGRAMMATIC DATA.—The data de- 21 scribed in subparagraph (A) shall include— 22 ‘‘(i) the amount of funding by each 23 apportioned and allocated program for 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 99 •HR 3684 IH which the State received funding under 1 this title; 2 ‘‘(ii) the amount of funding trans- 3 ferred between programs by the State dur- 4 ing the fiscal year using the authority pro- 5 vided under section 126; and 6 ‘‘(iii) the amount and program cat- 7 egory of Federal funds exchanged as de- 8 scribed in section 106(g)(6). 9 ‘‘(4) DEFINITIONS.—In this subsection: 10 ‘‘(A) ACTIVE PROJECT.— 11 ‘‘(i) IN GENERAL.—The term ‘active 12 project’ means a Federal-aid highway 13 project using funds made available under 14 this title on which those funds were obli- 15 gated or expended during the fiscal year 16 for which the estimated total cost as of the 17 start of construction is greater than 18 $5,000,000. 19 ‘‘(ii) EXCLUSION.—The term ‘active 20 project’ does not include any project for 21 which funds are transferred to agencies 22 other than the Federal Highway Adminis- 23 tration. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 100 •HR 3684 IH ‘‘(B) INTERACTIVE MAP.—The term ‘inter- 1 active map’ means a map displayed on the pub- 2 lic website of the Department of Transportation 3 that allows a user to select and view informa- 4 tion for each active project, State, and congres- 5 sional district. 6 ‘‘(C) STATE.—The term ‘State’ means any 7 of the 50 States or the District of Columbia.’’. 8 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 9 106 of title 23, United States Code, is amended— 10 (1) in subsection (g)— 11 (A) in paragraph (4) by striking subpara- 12 graph (B) and inserting the following: 13 ‘‘(B) ASSISTANCE TO STATES.—The Sec- 14 retary shall— 15 ‘‘(i) develop criteria for States to use 16 to make the determination required under 17 subparagraph (A); and 18 ‘‘(ii) provide training, guidance, and 19 other assistance to States and subrecipi- 20 ents as needed to ensure that projects ad- 21 ministered by subrecipients comply with 22 the requirements of this title. 23 ‘‘(C) PERIODIC REVIEW.—The Secretary 24 shall review, not less frequently than every 2 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 101 •HR 3684 IH years, the monitoring of subrecipients by the 1 States.’’; and 2 (B) by adding at the end the following: 3 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO- 4 GRAMS.— 5 ‘‘(A) IN GENERAL.—If a State allows a 6 subrecipient to exchange Federal funds pro- 7 vided under this title that are allocated to such 8 subrecipient for State or local funds, the State 9 must certify to the Secretary that the State— 10 ‘‘(i) has prevailing wage requirements 11 that are comparable to the requirements 12 under section 113 that apply to the use of 13 such State or local funds; and 14 ‘‘(ii) shall ensure that the prevailing 15 wage requirements described in clause (i) 16 apply to the use of such State or local 17 funds. 18 ‘‘(B) APPLICABILITY.—The requirements 19 of this paragraph shall apply only if the re- 20 quirements of section 113 would be applicable 21 to a covered project if such project was carried 22 out using Federal funds. 23 ‘‘(C) COVERED PROJECT DEFINED.—In 24 this paragraph, the term ‘covered project’ 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 102 •HR 3684 IH means a project carried out with exchanged 1 State or local funds as described in subpara- 2 graph (A).’’; 3 (2) in subsection (h)(3)— 4 (A) in subparagraph (B) by striking ‘‘, as 5 determined by the Secretary,’’; and 6 (B) in subparagraph (D) by striking ‘‘shall 7 assess’’ and inserting ‘‘in the case of a project 8 proposed to be advanced as a public-private 9 partnership, shall include a detailed value for 10 money analysis or comparable analysis to deter- 11 mine’’; and 12 (3) by adding at the end the following: 13 ‘‘(k) MEGAPROJECTS.— 14 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT 15 PLAN.—To be authorized for the construction of a 16 megaproject, the recipient of Federal financial as- 17 sistance under this title for such megaproject shall 18 submit to the Secretary a comprehensive risk man- 19 agement plan that contains— 20 ‘‘(A) a description of the process by which 21 the recipient will identify, quantify, and monitor 22 the risks, including natural hazards, that might 23 result in cost overruns, project delays, reduced 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 103 •HR 3684 IH construction quality, or reductions in benefits 1 with respect to the megaproject; 2 ‘‘(B) examples of mechanisms the recipient 3 will use to track risks identified pursuant to 4 subparagraph (A); 5 ‘‘(C) a plan to control such risks; and 6 ‘‘(D) such assurances as the Secretary de- 7 termines appropriate that the recipient shall, 8 with respect to the megaproject— 9 ‘‘(i) regularly submit to the Secretary 10 updated cost estimates; and 11 ‘‘(ii) maintain and regularly reassess 12 financial reserves for addressing known 13 and unknown risks. 14 ‘‘(2) PEER REVIEW GROUP.— 15 ‘‘(A) IN GENERAL.—Not later than 90 16 days after the date on which a megaproject is 17 authorized for construction, the recipient of 18 Federal financial assistance under this title for 19 such megaproject shall establish a peer review 20 group for such megaproject that consists of at 21 least 5 individuals (including at least 1 indi- 22 vidual with project management experience) to 23 give expert advice on the scientific, technical, 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 104 •HR 3684 IH and project management aspects of the 1 megaproject. 2 ‘‘(B) MEMBERSHIP.— 3 ‘‘(i) IN GENERAL.—Not later than 4 180 days after the date of enactment of 5 this subsection, the Secretary shall estab- 6 lish guidelines describing how a recipient 7 described in subparagraph (A) shall— 8 ‘‘(I) recruit and select members 9 for a peer review group established 10 under such subparagraph; and 11 ‘‘(II) make publicly available the 12 criteria for such selection and identify 13 the members so selected. 14 ‘‘(ii) CONFLICT OF INTEREST.—No 15 member of a peer review group for a 16 megaproject may have a direct or indirect 17 financial interest in such megaproject. 18 ‘‘(C) TASKS.—A peer review group estab- 19 lished under subparagraph (A) by a recipient of 20 Federal financial assistance for a megaproject 21 shall— 22 ‘‘(i) meet annually until completion of 23 the megaproject; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 105 •HR 3684 IH ‘‘(ii) not later than 90 days after the 1 date of the establishment of the peer re- 2 view group and not later than 90 days 3 after the date of any significant change, as 4 determined by the Secretary, to the scope, 5 schedule, or budget of the megaproject, re- 6 view the scope, schedule, and budget of the 7 megaproject, including planning, engineer- 8 ing, financing, and any other elements de- 9 termined appropriate by the Secretary; and 10 ‘‘(iii) submit to the Secretary, Con- 11 gress, and such recipient a report on the 12 findings of each review under clause (ii). 13 ‘‘(3) TRANSPARENCY.—Not later than 90 days 14 after the submission of a report under paragraph 15 (2)(C)(iii), the Secretary shall publish on the website 16 of the Department of Transportation such report. 17 ‘‘(4) MEGAPROJECT DEFINED.—In this sub- 18 section, the term ‘megaproject’ means a project 19 under this title that has an estimated total cost of 20 $2,000,000,000 or more, and such other projects as 21 may be identified by the Secretary. 22 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 23 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary 24 shall publish on the website of the Department of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 106 •HR 3684 IH Transportation a copy of all letters of interest, pro- 1 posals, workplans, and reports related to the special 2 experimental project authority pursuant to section 3 502(b). The Secretary shall redact confidential busi- 4 ness information, as necessary, from any such infor- 5 mation published. 6 ‘‘(2) NOTIFICATION.—Not later than 3 days be- 7 fore making a determination to proceed with an ex- 8 periment under a letter of interest described in para- 9 graph (1), the Secretary shall provide notification 10 and a description of the proposed experiment to the 11 Committee on Transportation and Infrastructure of 12 the House of Representatives and the Committee on 13 Environment and Public Works of the Senate. 14 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 15 years after the date of enactment of the INVEST in 16 America Act, the Secretary shall submit to the Com- 17 mittee on Transportation and Infrastructure of the 18 House of Representatives and the Committee on En- 19 vironment and Public Works of the Senate a report 20 that includes— 21 ‘‘(A) a summary of each experiment de- 22 scribed in this subsection carried out over the 23 previous 5 years; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 107 •HR 3684 IH ‘‘(B) legislative recommendations, if any, 1 based on the findings of such experiments. 2 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT 3 AND ACCOUNTABILITY.— 4 ‘‘(1) IN GENERAL.—To ensure the account- 5 ability and oversight of the discretionary grant selec- 6 tion process administered by the Secretary, a cov- 7 ered program shall be subject to the requirements of 8 this section, in addition to the requirements applica- 9 ble to each covered program. 10 ‘‘(2) APPLICATION PROCESS.—The Secretary 11 shall— 12 ‘‘(A) develop a template for applicants to 13 use to summarize— 14 ‘‘(i) project needs and benefits; and 15 ‘‘(ii) any factors, requirements, or 16 considerations established for the applica- 17 ble covered program; 18 ‘‘(B) create a data driven process to evalu- 19 ate, as set forth in the covered program, each 20 eligible project for which an application is re- 21 ceived; and 22 ‘‘(C) make a determination, based on the 23 evaluation made pursuant to subparagraph (B), 24 on any ratings, rankings, scores, or similar 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 108 •HR 3684 IH metrics for applications made to the covered 1 program. 2 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less 3 than 15 days before making a grant for a covered 4 program, the Secretary shall notify, in writing, the 5 Committee on Transportation and Infrastructure of 6 the House of Representatives and the Committee on 7 the Environment and Public Works of the Senate 8 of— 9 ‘‘(A) the amount for each project proposed 10 to be selected; 11 ‘‘(B) a description of the review process; 12 ‘‘(C) for each application, the determina- 13 tion made under paragraph (2)(C); and 14 ‘‘(D) a detailed explanation of the basis for 15 each award proposed to be selected. 16 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 17 than 30 days after making a grant for a project 18 under a covered program, the Secretary shall send 19 to all applicants under such covered program, and 20 publish on the website of the Department of Trans- 21 portation— 22 ‘‘(A) a summary of each application made 23 to the covered program for the given round of 24 funding; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 109 •HR 3684 IH ‘‘(B) the evaluation and justification for 1 the project selection, including all ratings, 2 rankings, scores, or similar metrics for applica- 3 tions made to the covered program for the given 4 round of funding during each phase of the 5 grant selection process. 6 ‘‘(5) BRIEFING.—The Secretary shall provide, 7 at the request of a grant applicant of a covered pro- 8 gram, the opportunity to receive a briefing to explain 9 any reasons the grant applicant was not awarded a 10 grant. 11 ‘‘(6) TEMPLATE.—The Secretary shall, to the 12 extent practicable, develop a template as described 13 in paragraph (2)(A) for any discretionary program 14 administered by the Secretary that is not a covered 15 program. 16 ‘‘(7) COVERED PROGRAM DEFINED.—The term 17 ‘covered program’ means each of the following dis- 18 cretionary grant programs: 19 ‘‘(A) Community climate innovation grants 20 under section 172. 21 ‘‘(B) Federal lands and tribal major 22 projects grants under section 208. 23 ‘‘(C) Mobility through advanced tech- 24 nologies grants under section 503(c)(4). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 110 •HR 3684 IH ‘‘(D) Rebuild rural bridges program under 1 section 1307 of the INVEST in America Act. 2 ‘‘(E) Parking for commercial motor vehicle 3 grants under section 1308 of the INVEST in 4 America Act. 5 ‘‘(F) Active connected transportation 6 grants under section 1309 of the INVEST in 7 America Act. 8 ‘‘(G) Wildlife crossings grants under sec- 9 tion 1310 of the INVEST in America Act. 10 ‘‘(H) Reconnecting neighborhoods capital 11 construction grants under section 1311(d) of 12 the INVEST in America Act.’’. 13 (c) DIVISION OFFICE CONSISTENCY.—Not later than 14 1 year after the date of enactment of this Act, the Comp- 15 troller General of the United States shall submit to Con- 16 gress a report that— 17 (1) analyzes the consistency of determinations 18 among division offices of the Federal Highway Ad- 19 ministration; and 20 (2) makes recommendations to improve the con- 21 sistency of such determinations. 22 (d) IMPROVING RISK BASED STEWARDSHIP AND 23 OVERSIGHT.—Not later than 180 days after the date of 24 enactment of this Act, the Administrator of the Federal 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 111 •HR 3684 IH Highway Administration shall reference U.S. DOT Office 1 of Inspector General Report No. ST2020035 and take the 2 following actions, as necessary, to improve the risk based 3 stewardship and oversight of the Federal Highway Admin- 4 istration: 5 (1) Update and implement Federal Highway 6 Administration guidance for risk-based project in- 7 volvement to clarify the requirements for its project 8 risk-assessment process, including expectations for 9 conducting and documenting the risk assessment 10 and criteria to guide the reevaluation of project 11 risks. 12 (2) Identify and notify division offices of the 13 Federal Highway Administration about sources of 14 information that can inform the project risk-assess- 15 ment process. 16 (3) Update and implement Federal Highway 17 Administration guidance for risk-based project in- 18 volvement to clarify how the link between elevated 19 risks and associated oversight activities, changes to 20 oversight actions, and the results of its risk-based 21 involvement should be documented in project over- 22 sight plans. 23 (4) Develop and implement a process to rou- 24 tinely monitor the implementation and evaluate the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 112 •HR 3684 IH effectiveness of Federal Highway Administration 1 risk-based project involvement. 2 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 3 DESIGN. 4 (a) STANDARDS.—Section 109 of title 23, United 5 States Code, is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (1) by striking ‘‘planned 8 future traffic of the highway in a manner that 9 is conducive to’’ and inserting ‘‘future oper- 10 ational performance of the facility in a manner 11 that enhances’’; and 12 (B) in paragraph (2) by inserting ‘‘, taking 13 into consideration context sensitive design prin- 14 ciples’’ after ‘‘each locality’’; 15 (2) in subsection (b)— 16 (A) by striking ‘‘The geometric’’ and in- 17 serting ‘‘DESIGN CRITERIA FOR THE INTER- 18 STATE SYSTEM.—The geometric’’; and 19 (B) by striking ‘‘the types and volumes of 20 traffic anticipated for such project for the twen- 21 ty-year period commencing on the date of ap- 22 proval by the Secretary, under section 106 of 23 this title, of the plans, specifications, and esti- 24 mates for actual construction of such project’’ 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 113 •HR 3684 IH and inserting ‘‘the existing and future oper- 1 ational performance of the facility’’; 2 (3) in subsection (c)(1)— 3 (A) in subparagraph (C) by striking ‘‘; 4 and’’ and inserting a semicolon; 5 (B) in subparagraph (D) by striking the 6 period and inserting ‘‘; and’’; and 7 (C) by adding at the end the following: 8 ‘‘(E) context sensitive design principles.’’; 9 (4) by striking subsection (o) and inserting the 10 following: 11 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON- 12 NHS PROJECTS.— 13 ‘‘(1) IN GENERAL.—Projects (other than high- 14 way projects on the National Highway System) 15 shall— 16 ‘‘(A) be designed, constructed, operated, 17 and maintained in accordance with State laws, 18 regulations, directives, safety standards, design 19 standards, and construction standards; and 20 ‘‘(B) take into consideration context sen- 21 sitive design principles. 22 ‘‘(2) DESIGN FLEXIBILITY.— 23 ‘‘(A) IN GENERAL.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 114 •HR 3684 IH ‘‘(i) IN GENERAL.—A local jurisdic- 1 tion may select the most appropriate de- 2 sign publication for the roadway context in 3 which the local jurisdiction is located for 4 the design of a project on a roadway (other 5 than a highway on the National Highway 6 System) if— 7 ‘‘(I) the local jurisdiction pro- 8 vides notification and justification of 9 the use of such design publication to 10 any State in which the project is lo- 11 cated; and 12 ‘‘(II) the design complies with all 13 other applicable Federal and State 14 laws. 15 ‘‘(ii) REVIEW.—If a State rejects a 16 local jurisdiction’s selection of a design 17 publication under this subparagraph, the 18 local jurisdiction may submit notification 19 and justification of such use to the Sec- 20 retary. The Secretary shall make a deter- 21 mination to approve or deny such submis- 22 sion not later than 90 days after receiving 23 such submission. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 115 •HR 3684 IH ‘‘(B) STATE-OWNED ROADS.—In the case 1 of a roadway under the ownership of the State, 2 the local jurisdiction may select the most appro- 3 priate design publication only with the concur- 4 rence of the State. 5 ‘‘(C) PROGRAMMATIC BASIS.—The Sec- 6 retary may consider the use of a design publica- 7 tion under this paragraph on a programmatic 8 basis.’’; and 9 (5) by adding at the end the following: 10 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 11 ‘‘(1) CONTEXT SENSITIVE DESIGN PRIN- 12 CIPLES.—The Secretary shall consult with State and 13 local officials prior to approving any roadway design 14 publications under this section to ensure that the de- 15 sign publications provide adequate flexibility for a 16 project sponsor to select the appropriate design of a 17 roadway, consistent with context sensitive design 18 principles. 19 ‘‘(2) POLICIES OR PROCEDURES.— 20 ‘‘(A) IN GENERAL.—Not later than 1 year 21 after the Secretary publishes the final guidance 22 described in paragraph (3), each State shall 23 adopt policies or procedures to evaluate the con- 24 text of a proposed roadway and select the ap- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 116 •HR 3684 IH propriate design, consistent with context sen- 1 sitive design principles. 2 ‘‘(B) LOCAL GOVERNMENTS.—The Sec- 3 retary and States shall encourage local govern- 4 ments to adopt policies or procedures described 5 under subparagraph (A). 6 ‘‘(C) CONSIDERATIONS.—The policies or 7 procedures developed under this paragraph 8 shall take into consideration the guidance devel- 9 oped by the Secretary under paragraph (3). 10 ‘‘(3) GUIDANCE.— 11 ‘‘(A) IN GENERAL.— 12 ‘‘(i) NOTICE.—Not later than 1 year 13 after the date of enactment of this sub- 14 section, the Secretary shall publish guid- 15 ance on the official website of the Depart- 16 ment of Transportation on context sen- 17 sitive design. 18 ‘‘(ii) PUBLIC REVIEW AND COM- 19 MENT.—The guidance described in this 20 paragraph shall be finalized following an 21 opportunity for public review and com- 22 ment. 23 ‘‘(iii) UPDATE.—The Secretary shall 24 periodically update the guidance described 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 117 •HR 3684 IH in this paragraph, including the model 1 policies or procedures described under sub- 2 paragraph (B)(v). 3 ‘‘(B) CONTENTS.—The guidance described 4 in this paragraph shall— 5 ‘‘(i) provide best practices for States, 6 metropolitan planning organizations, re- 7 gional transportation planning organiza- 8 tions, local governments, or other project 9 sponsors to implement context sensitive de- 10 sign principles; 11 ‘‘(ii) identify opportunities to modify 12 planning, scoping, design, and development 13 procedures to more effectively combine 14 modes of transportation into integrated fa- 15 cilities that meet the needs of each of such 16 modes of transportation in an appropriate 17 balance; 18 ‘‘(iii) identify metrics to assess the 19 context of the facility, including sur- 20 rounding land use or roadside characteris- 21 tics; 22 ‘‘(iv) assess the expected operational 23 and safety performance of facility design; 24 and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 118 •HR 3684 IH ‘‘(v) establish model policies or proce- 1 dures, consistent with the findings of such 2 guidance, for a State or other project spon- 3 sor to evaluate the context of a proposed 4 facility and select the appropriate facility 5 design for the context. 6 ‘‘(C) TOPICS OF EMPHASIS.—In addition 7 to the contents in subparagraph (B), the guid- 8 ance shall emphasize— 9 ‘‘(i) procedures for identifying the 10 needs of users of all ages and abilities of 11 a particular roadway; 12 ‘‘(ii) procedures for identifying the 13 types and designs of facilities needed to 14 serve various modes of transportation; 15 ‘‘(iii) safety and other benefits pro- 16 vided by carrying out context sensitive de- 17 sign principles; 18 ‘‘(iv) common barriers to carrying out 19 context sensitive design principles; 20 ‘‘(v) procedures for overcoming the 21 most common barriers to carrying out con- 22 text sensitive design principles; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 119 •HR 3684 IH ‘‘(vi) procedures for identifying the 1 costs associated with carrying out context 2 sensitive design principles; 3 ‘‘(vii) procedures for maximizing local 4 cooperation in the introduction of context 5 sensitive design principles and carrying out 6 those principles; and 7 ‘‘(viii) procedures for assessing and 8 modifying the facilities and operational 9 characteristics of existing roadways to im- 10 prove consistency with context sensitive de- 11 sign principles. 12 ‘‘(4) FUNDING.—Amounts made available 13 under sections 104(b)(6) and 505 of this title may 14 be used for States, local governments, metropolitan 15 planning organizations, or regional transportation 16 planning organizations to adopt policies or proce- 17 dures to evaluate the context of a proposed roadway 18 and select the appropriate design, consistent with 19 context sensitive design principles.’’. 20 (b) CONFORMING AMENDMENT.—Section 1404(b) of 21 the FAST Act (23 U.S.C. 109 note) is repealed. 22 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 120 •HR 3684 IH SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 1 SHARE. 2 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 3 United States Code, is amended— 4 (1) by striking clauses (i) and (ii) and inserting 5 the following: 6 ‘‘(i) prefabricated bridge elements and 7 systems, innovative materials, and other 8 technologies to reduce bridge construction 9 time, extend service life, and reduce preser- 10 vation costs, as compared to conventionally 11 designed and constructed bridges; 12 ‘‘(ii) innovative construction equip- 13 ment, materials, techniques, or practices, 14 including the use of in-place recycling tech- 15 nology, digital 3-dimensional modeling 16 technologies, and advanced digital con- 17 struction management systems;’’; 18 (2) by redesignating clause (vi) as clause (ix); 19 (3) in clause (v) by striking ‘‘or’’ at the end; 20 and 21 (4) by inserting after clause (v) the following: 22 ‘‘(vi) innovative pavement materials 23 that demonstrate reductions in— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 121 •HR 3684 IH ‘‘(I) greenhouse gas emissions 1 through sequestration or innovative 2 manufacturing processes; or 3 ‘‘(II) local air pollution, 4 stormwater runoff, or noise pollution; 5 ‘‘(vii) innovative culvert materials that 6 are made with recycled content and dem- 7 onstrate reductions in greenhouse gas 8 emissions; 9 ‘‘(viii) contractual provisions that pro- 10 vide safety contingency funds to incor- 11 porate safety enhancements to work zones 12 prior to or during roadway construction 13 and maintenance activities; or’’. 14 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 15 title 23, United States Code, is amended by striking ‘‘sub- 16 section (c) of’’. 17 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 18 FUNDS. 19 Section 126(b) of title 23, United States Code, is 20 amended— 21 (1) in the heading by inserting ‘‘AND PRO- 22 GRAMS’’ after ‘‘SET-ASIDES’’; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 122 •HR 3684 IH (2) in paragraph (1) by striking ‘‘and 1 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 2 133(h), 148(m), 149, 151(f), and 171’’; and 3 (3) by striking paragraph (2) and inserting the 4 following: 5 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With re- 6 spect to an apportionment under either paragraph 7 (4) or paragraph (9) of section 104(b), and notwith- 8 standing paragraph (1), a State may only transfer 9 not more than 50 percent from the amount of the 10 apportionment of either such paragraph to the ap- 11 portionment under the other such paragraph in a 12 fiscal year.’’. 13 SEC. 1110. TOLLING. 14 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER- 15 RIES.—Section 129 of title 23, United States Code, is 16 amended— 17 (1) in subsection (a)— 18 (A) by striking paragraph (1) and insert- 19 ing the following: 20 ‘‘(1) IN GENERAL.— 21 ‘‘(A) AUTHORIZATION.—Subject to the 22 provisions of this section, Federal participation 23 shall be permitted on the same basis and in the 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 123 •HR 3684 IH same manner as construction of toll-free high- 1 ways is permitted under this chapter in the— 2 ‘‘(i) initial construction of a toll high- 3 way, bridge, or tunnel or approach to the 4 highway, bridge, or tunnel; 5 ‘‘(ii) initial construction of 1 or more 6 lanes or other improvements that increase 7 capacity of a highway, bridge, or tunnel 8 (other than a highway on the Interstate 9 System) and conversion of that highway, 10 bridge, or tunnel to a tolled facility, if the 11 number of toll-free lanes, excluding auxil- 12 iary lanes, after the construction is not less 13 than the number of toll-free lanes, exclud- 14 ing auxiliary lanes, before the construction; 15 ‘‘(iii) initial construction of 1 or more 16 lanes or other improvements that increase 17 the capacity of a highway, bridge, or tun- 18 nel on the Interstate System and conver- 19 sion of that highway, bridge, or tunnel to 20 a tolled facility, if the number of toll-free 21 non-HOV lanes, excluding auxiliary lanes, 22 after such construction is not less than the 23 number of toll-free non-HOV lanes, exclud- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 124 •HR 3684 IH ing auxiliary lanes, before such construc- 1 tion; 2 ‘‘(iv) reconstruction, resurfacing, res- 3 toration, rehabilitation, or replacement of a 4 toll highway, bridge, or tunnel or approach 5 to the highway, bridge, or tunnel; 6 ‘‘(v) reconstruction or replacement of 7 a toll-free bridge or tunnel and conversion 8 of the bridge or tunnel to a toll facility; 9 ‘‘(vi) reconstruction of a toll-free Fed- 10 eral-aid highway (other than a highway on 11 the Interstate System) and conversion of 12 the highway to a toll facility; 13 ‘‘(vii) reconstruction, restoration, or 14 rehabilitation of a highway on the Inter- 15 state System if the number of toll-free 16 non-HOV lanes, excluding auxiliary lanes, 17 after reconstruction, restoration, or reha- 18 bilitation is not less than the number of 19 toll-free non-HOV lanes, excluding auxil- 20 iary lanes, before reconstruction, restora- 21 tion, or rehabilitation; 22 ‘‘(viii) conversion of a high occupancy 23 vehicle lane on a highway, bridge, or tun- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 125 •HR 3684 IH nel to a toll facility, subject to the require- 1 ments of section 166; and 2 ‘‘(ix) preliminary studies to determine 3 the feasibility of a toll facility for which 4 Federal participation is authorized under 5 this paragraph. 6 ‘‘(B) AGREEMENT TO TOLL.— 7 ‘‘(i) IN GENERAL.—Before the Sec- 8 retary may authorize tolling under this 9 subsection, the public authority with juris- 10 diction over a highway, bridge, or tunnel 11 shall enter into an agreement with the Sec- 12 retary to ensure compliance with the re- 13 quirements of this subsection. 14 ‘‘(ii) APPLICABILITY.— 15 ‘‘(I) IN GENERAL.—The require- 16 ments of this subparagraph shall 17 apply to— 18 ‘‘(aa) Federal participation 19 under subparagraph (A); 20 ‘‘(bb) any prior Federal par- 21 ticipation in the facility proposed 22 to be tolled; and 23 ‘‘(cc) conversion, with or 24 without Federal participation, of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 126 •HR 3684 IH a non-tolled lane on the National 1 Highway System to a toll facility 2 under subparagraph (E). 3 ‘‘(II) HOV FACILITY.—Except as 4 otherwise provided in this subsection 5 or section 166, the provisions of this 6 paragraph shall not apply to a high 7 occupancy vehicle facility. 8 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap- 9 proval by the Secretary of an agreement to 10 toll under this paragraph shall be consid- 11 ered a major Federal action under the Na- 12 tional Environmental Policy Act of 1969 13 (42 U.S.C. 4321 et seq.). 14 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 15 entering into an agreement to toll under sub- 16 paragraph (B), the public authority shall certify 17 to the Secretary that— 18 ‘‘(i) the public authority has estab- 19 lished procedures to ensure the toll meets 20 the purposes and requirements of this sub- 21 section; 22 ‘‘(ii) the facility shall provide for ac- 23 cess at no cost to public transportation ve- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 127 •HR 3684 IH hicles and over-the-road buses serving the 1 public; and 2 ‘‘(iii) the facility shall provide for the 3 regional interoperability of electronic toll 4 collection, including through technologies 5 or business practices. 6 ‘‘(D) CONSIDERATION OF IMPACTS.— 7 ‘‘(i) IN GENERAL.—Prior to entering 8 into an agreement to toll under subpara- 9 graph (B), the Secretary shall ensure the 10 public authority has adequately considered, 11 including by providing an opportunity for 12 public comment, the following factors with- 13 in the corridor: 14 ‘‘(I) Congestion impacts on both 15 the toll facility and in the corridor or 16 cordon (including adjacent toll-free fa- 17 cilities). 18 ‘‘(II) In the case of a non-attain- 19 ment or maintenance area, air quality 20 impacts. 21 ‘‘(III) Planned investments to 22 improve public transportation or other 23 non-tolled alternatives in the corridor. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 128 •HR 3684 IH ‘‘(IV) Environmental justice and 1 equity impacts. 2 ‘‘(V) Impacts on freight move- 3 ment. 4 ‘‘(VI) Economic impacts on busi- 5 nesses. 6 ‘‘(ii) CONSIDERATION IN ENVIRON- 7 MENTAL REVIEW.—Nothing in this sub- 8 paragraph shall limit a public authority 9 from meeting the requirements of this sub- 10 paragraph through the environmental re- 11 view process, as applicable. 12 ‘‘(E) CONGESTION PRICING.— 13 ‘‘(i) IN GENERAL.—The Secretary 14 may authorize conversion of a non-tolled 15 lane on the National Highway System to a 16 toll facility to utilize pricing to manage the 17 demand to use the facility by varying the 18 toll amount that is charged. 19 ‘‘(ii) REQUIREMENT.—Prior to enter- 20 ing into an agreement to convert a non- 21 tolled lane on the National Highway Sys- 22 tem to a toll facility, the Secretary shall 23 ensure (in addition to the requirements 24 under subparagraphs (B), (C), and (D)) 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 129 •HR 3684 IH that such toll facility and the planned in- 1 vestments to improve public transportation 2 or other non-tolled alternatives in the cor- 3 ridor are reasonably expected to improve 4 the operation of the cordon or corridor, as 5 described in clauses (iii) and (iv). 6 ‘‘(iii) PERFORMANCE MONITORING.— 7 A public authority that enters into an 8 agreement to convert a non-tolled lane to 9 a toll facility under this subparagraph 10 shall— 11 ‘‘(I) establish, monitor, and sup- 12 port a performance monitoring, eval- 13 uation, and reporting program— 14 ‘‘(aa) for the toll facility 15 that provides for continuous 16 monitoring, assessment, and re- 17 porting on the impacts that the 18 pricing structure may have on 19 the operation of the facility; and 20 ‘‘(bb) for the corridor or cor- 21 don that provides for continuous 22 monitoring, assessment, and re- 23 porting on the impacts of conges- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 130 •HR 3684 IH tion pricing on the operation of 1 the corridor or cordon; 2 ‘‘(II) submit to the Secretary an- 3 nual reports of the impacts described 4 in subclause (I); and 5 ‘‘(III) if the facility or the cor- 6 ridor or cordon becomes degraded, as 7 described in clause (iv), submit to the 8 Secretary an annual update that de- 9 scribes the actions proposed to bring 10 the toll facility into compliance and 11 the progress made on such actions. 12 ‘‘(iv) DETERMINATION.— 13 ‘‘(I) DEGRADED OPERATION.— 14 For purposes of clause (iii)(III), the 15 operation of a toll facility shall be 16 considered to be degraded if vehicles 17 operating on the facility are failing to 18 maintain a minimum average oper- 19 ating speed 90 percent of the time 20 over a consecutive 180-day period 21 during peak hour periods. 22 ‘‘(II) DEGRADED CORRIDOR OR 23 CORDON.—For the purposes of clause 24 (iii)(III), a corridor or cordon shall be 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 131 •HR 3684 IH considered to be degraded if conges- 1 tion pricing or investments to improve 2 public transportation or other non- 3 tolled alternatives have not resulted 4 in— 5 ‘‘(aa) an increase in person 6 or freight throughput in the cor- 7 ridor or cordon; or 8 ‘‘(bb) a reduction in person 9 hours of delay in the corridor or 10 cordon, as determined by the 11 Secretary. 12 ‘‘(III) DEFINITION OF MINIMUM 13 AVERAGE OPERATING SPEED.—In this 14 subparagraph, the term ‘minimum av- 15 erage operating speed’ means— 16 ‘‘(aa) 35 miles per hour, in 17 the case of a toll facility with a 18 speed limit of 45 miles per hour 19 or greater; and 20 ‘‘(bb) not more than 10 21 miles per hour below the speed 22 limit, in the case of a toll facility 23 with a speed limit of less than 50 24 miles per hour. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 132 •HR 3684 IH ‘‘(v) MAINTENANCE OF OPERATING 1 PERFORMANCE.— 2 ‘‘(I) IN GENERAL.—Not later 3 than 180 days after the date on which 4 a facility or a corridor or cordon be- 5 comes degraded under clause (iv), the 6 public authority with jurisdiction over 7 the facility shall submit to the Sec- 8 retary for approval a plan that details 9 the actions the public authority will 10 take to make significant progress to- 11 ward bringing the facility or corridor 12 or cordon into compliance with this 13 subparagraph. 14 ‘‘(II) NOTICE OF APPROVAL OR 15 DISAPPROVAL.—Not later than 60 16 days after the date of receipt of a 17 plan under subclause (I), the Sec- 18 retary shall provide to the public au- 19 thority a written notice indicating 20 whether the Secretary has approved 21 or disapproved the plan based on a 22 determination of whether the imple- 23 mentation of the plan will make sig- 24 nificant progress toward bringing the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 133 •HR 3684 IH facility or corridor or cordon into 1 compliance with this subparagraph. 2 ‘‘(III) UPDATE.—Until the date 3 on which the Secretary determines 4 that the public authority has brought 5 the facility or corridor or cordon into 6 compliance with this subparagraph, 7 the public authority shall submit an- 8 nual updates that describe— 9 ‘‘(aa) the actions taken to 10 bring the facility into compliance; 11 ‘‘(bb) the actions taken to 12 bring the corridor or cordon into 13 compliance; and 14 ‘‘(cc) the progress made by 15 those actions. 16 ‘‘(IV) COMPLIANCE.—If a public 17 authority fails to bring a facility into 18 compliance under this subparagraph, 19 the Secretary may subject the public 20 authority to appropriate program 21 sanctions under section 1.36 of title 22 23, Code of Federal Regulations (or 23 successor regulations), until the per- 24 formance is no longer degraded. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 134 •HR 3684 IH ‘‘(vi) CONSULTATION OF MPO.—If a 1 toll facility authorized under this subpara- 2 graph is located on the National Highway 3 System and in a metropolitan planning 4 area established in accordance with section 5 134, the public authority shall consult with 6 the metropolitan planning organization for 7 the area. 8 ‘‘(vii) INCLUSION.—For the purposes 9 of this paragraph, the corridor or cordon 10 shall include toll-free facilities that are ad- 11 jacent to the toll facility.’’; 12 (B) in paragraph (3)— 13 (i) in subparagraph (A)— 14 (I) in clause (iv) by striking 15 ‘‘and’’ at the end; and 16 (II) by striking clause (v) and in- 17 serting the following: 18 ‘‘(v) any project eligible under this 19 title or chapter 53 of title 49 that improves 20 the operation of the corridor or cordon by 21 increasing person or freight throughput 22 and reducing person hours of delay; 23 ‘‘(vi) toll discounts or rebates for 24 users of the toll facility that have no rea- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 135 •HR 3684 IH sonable alternative transportation method 1 to the toll facility; and 2 ‘‘(vii) if the public authority certifies 3 annually that the tolled facility is being 4 adequately maintained and the cordon or 5 corridor is not degraded under paragraph 6 (1)(E), any revenues remaining after fund- 7 ing the activities described in clauses (i) 8 through (vi) shall be considered surplus 9 revenue and may be used for any other 10 purpose for which Federal funds may be 11 obligated by a State under this title or 12 chapter 53 of title 49.’’; 13 (ii) by striking subparagraph (B) and 14 inserting the following: 15 ‘‘(B) TRANSPARENCY.— 16 ‘‘(i) ANNUAL AUDIT.— 17 ‘‘(I) IN GENERAL.—A public au- 18 thority with jurisdiction over a toll fa- 19 cility shall conduct or have an inde- 20 pendent auditor conduct an annual 21 audit of toll facility records to verify 22 adequate maintenance and compliance 23 with subparagraph (A), and report the 24 results of the audits to the Secretary. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 136 •HR 3684 IH ‘‘(II) RECORDS.—On reasonable 1 notice, the public authority shall make 2 all records of the public authority per- 3 taining to the toll facility available for 4 audit by the Secretary. 5 ‘‘(ii) USE OF REVENUES.—A State or 6 public authority that obligates amounts 7 under clauses (v), (vi), or (vii) of subpara- 8 graph (A) shall annually report to the Sec- 9 retary a list of activities funded with such 10 amounts and the amount of funding pro- 11 vided for each such activity.’’; 12 (C) in paragraph (8) by striking ‘‘as of the 13 date of enactment of the MAP–21, before com- 14 mencing any activity authorized’’ and inserting 15 ‘‘, before commencing any activity authorized’’; 16 (D) in paragraph (9)— 17 (i) by striking ‘‘bus’’ and inserting 18 ‘‘vehicle’’; and 19 (ii) by striking ‘‘buses’’ and inserting 20 ‘‘vehicles’’; and 21 (E) by striking paragraph (10) and insert- 22 ing the following: 23 ‘‘(10) INTEROPERABILITY OF ELECTRONIC 24 TOLL COLLECTION.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 137 •HR 3684 IH ‘‘(A) IN GENERAL.—All toll facilities on 1 Federal-aid highways shall provide for the re- 2 gional interoperability of electronic toll collec- 3 tion, including through technologies or business 4 practices. 5 ‘‘(B) PROHIBITION ON RESTRICTION.—No 6 State, or any political subdivision thereof, shall 7 restrict the information that is shared across 8 public and private toll facility operators or their 9 agents or contractors for purposes of facili- 10 tating, operating, or maintaining electronic toll 11 collection programs. 12 ‘‘(11) NONCOMPLIANCE.—If the Secretary con- 13 cludes that a public authority has not complied with 14 the requirements of this subsection, the Secretary 15 may require the public authority to discontinue col- 16 lecting tolls until the public authority and the Sec- 17 retary enter into an agreement for the public author- 18 ity to achieve compliance with such requirements. 19 ‘‘(12) DEFINITIONS.—In this subsection, the 20 following definitions apply: 21 ‘‘(A) FEDERAL PARTICIPATION.—The term 22 ‘Federal participation’ means the use of funds 23 made available under this title. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 138 •HR 3684 IH ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 1 The term ‘high occupancy vehicle’ or ‘HOV’ 2 means a vehicle with not fewer than 2 occu- 3 pants. 4 ‘‘(C) INITIAL CONSTRUCTION.— 5 ‘‘(i) IN GENERAL.—The term ‘initial 6 construction’ means the construction of a 7 highway, bridge, tunnel, or other facility at 8 any time before it is open to traffic. 9 ‘‘(ii) EXCLUSIONS.—The term ‘initial 10 construction’ does not include any improve- 11 ment to a highway, bridge, tunnel, or other 12 facility after it is open to traffic. 13 ‘‘(D) OVER-THE-ROAD BUS.—The term 14 ‘over-the-road bus’ has the meaning given the 15 term in section 301 of the Americans with Dis- 16 abilities Act of 1990 (42 U.S.C. 12181). 17 ‘‘(E) PUBLIC AUTHORITY.—The term 18 ‘public authority’ means a State, interstate 19 compact of States, or public entity designated 20 by a State. 21 ‘‘(F) PUBLIC TRANSPORTATION VEHI- 22 CLE.—The term ‘public transportation vehicle’ 23 has the meaning given that term in section 166. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 139 •HR 3684 IH ‘‘(G) TOLL FACILITY.—The term ‘toll fa- 1 cility’ means a toll highway, bridge, or tunnel or 2 approach to the highway, bridge, or tunnel con- 3 structed or authorized to be tolled under this 4 subsection.’’. 5 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC- 6 TION AND REHABILITATION PILOT PROGRAM.—Section 7 1216 of the Transportation Equity Act for the 21st Cen- 8 tury (23 U.S.C. 129 note), and the item related to such 9 section in the table of contents in section 1(b) of such Act, 10 are repealed. 11 (c) VALUE PRICING PILOT PROGRAM.—Section 12 1012(b) of the Intermodal Surface Transportation Effi- 13 ciency Act of 1991 (23 U.S.C. 149 note) is amended by 14 adding at the end the following: 15 ‘‘(9) SUNSET.—The Secretary may not consider 16 an expression of interest submitted under this sec- 17 tion after the date of enactment of this paragraph.’’. 18 (d) SAVINGS CLAUSE.— 19 (1) APPLICATION OF LIMITATIONS.—Any toll 20 facility described in paragraph (2) shall be subject to 21 the requirements of section 129(a)(3) of title 23, 22 United States Code, as in effect on the day before 23 the date of enactment of this Act. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 140 •HR 3684 IH (2) TOLL FACILITIES.—A toll facility described 1 in this paragraph is a facility that, on the day prior 2 to the date of enactment of this Act, was— 3 (A) operating; 4 (B) in the planning and design phase; or 5 (C) in the construction phase. 6 (e) REPORT.—Not later than 180 days after the date 7 of enactment of this Act, the Secretary of Transportation 8 shall submit to Congress a report on the implementation 9 of the interoperability of toll collection as required under 10 section 1512(b) of MAP–21, including an assessment of 11 the progress in, and barriers on, such implementation. 12 SEC. 1111. HOV FACILITIES. 13 Section 166 of title 23, United States Code, is 14 amended— 15 (1) in subsection (b)— 16 (A) in paragraph (4)(C)(iii) by striking 17 ‘‘transportation buses’’ and inserting ‘‘transpor- 18 tation vehicles’’; 19 (B) in paragraph (5)(B) by striking 20 ‘‘2019’’ and inserting ‘‘2025’’; and 21 (C) by adding at the end the following: 22 ‘‘(6) EMERGENCY VEHICLES.—The public au- 23 thority may allow the following vehicles to use the 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 141 •HR 3684 IH HOV facility if the authority establishes require- 1 ments for clearly identifying the vehicles: 2 ‘‘(A) An emergency vehicle that is respond- 3 ing to an existing emergency. 4 ‘‘(B) A blood transport vehicle that is 5 transporting blood between collection points and 6 hospitals or storage centers.’’. 7 (2) in subsection (d)(2)(A)(i) by striking ‘‘45 8 miles per hour, in the case of a HOV facility with 9 a speed limit of 50 miles per hour or greater’’ and 10 inserting ‘‘35 miles per hour, in the case of a HOV 11 facility with a speed limit of 45 miles per hour or 12 greater’’; 13 (3) in subsection (d)(2)(B) by striking ‘‘morn- 14 ing or evening weekday peak hour periods (or both)’’ 15 and inserting ‘‘peak hour periods’’; 16 (4) in subsection (e)— 17 (A) by striking ‘‘Not later than 180 days 18 after the date of enactment of this section, the 19 Administrator’’ and inserting ‘‘The Adminis- 20 trator’’; 21 (B) in paragraph (1) by striking ‘‘and’’ at 22 the end; 23 (C) in paragraph (2) by striking the period 24 at the end and inserting ‘‘; and’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 142 •HR 3684 IH (D) by adding at the end the following: 1 ‘‘(3) not later than 180 days after the date of 2 enactment of the INVEST in America Act, update 3 the requirements established under paragraph (1).’’; 4 and 5 (5) in subsection (f)— 6 (A) in paragraph (1)— 7 (i) by striking subparagraphs (C), 8 (D), and (F); and 9 (ii) by redesignating subparagraphs 10 (E), (G), (H), and (I) as subparagraphs 11 (C), (D), (E), and (F), respectively; and 12 (B) in paragraph (6)(B)(i) by striking 13 ‘‘public entity’’ and inserting ‘‘public transpor- 14 tation service that is a recipient or subrecipient 15 of funds under chapter 53 of title 49’’. 16 SEC. 1112. BUY AMERICA. 17 (a) IN GENERAL.—Section 313 of title 23, United 18 States Code, is amended— 19 (1) in subsection (a)— 20 (A) by striking ‘‘Notwithstanding’’ and in- 21 serting ‘‘IN GENERAL.—Notwithstanding’’; 22 (B) by striking ‘‘Secretary of Transpor- 23 tation’’ and inserting ‘‘Secretary’’; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 143 •HR 3684 IH (C) by striking ‘‘the Surface Transpor- 1 tation Assistance Act of 1982 (96 Stat. 2097) 2 or’’; and 3 (D) by striking ‘‘and manufactured prod- 4 ucts’’ and inserting ‘‘manufactured products, 5 and construction materials’’; 6 (2) in subsection (b) by inserting ‘‘DETERMINA- 7 TION.—’’ before ‘‘The provisions’’; 8 (3) in subsection (c) by striking ‘‘For purposes’’ 9 and inserting ‘‘CALCULATION.—For purposes’’; 10 (4) in subsection (d)— 11 (A) by striking ‘‘The Secretary of Trans- 12 portation’’ and inserting ‘‘REQUIREMENTS.— 13 The Secretary’’; and 14 (B) by striking ‘‘the Surface Transpor- 15 tation Assistance Act of 1982 (96 Stat. 2097) 16 or’’; and 17 (5) by adding at the end the following: 18 ‘‘(h) WAIVER PROCEDURE.— 19 ‘‘(1) IN GENERAL.—Not later than 120 days 20 after the submission of a request for a waiver, the 21 Secretary shall make a determination under para- 22 graph (1) or (2) of subsection (b) as to whether sub- 23 section (a) shall apply. 24 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 144 •HR 3684 IH ‘‘(A) IN GENERAL.—Not later than 30 1 days before making a determination regarding a 2 waiver described in paragraph (1), the Sec- 3 retary shall provide notification and an oppor- 4 tunity for public comment on the request for 5 such waiver. 6 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 7 notification required under subparagraph (A) 8 shall— 9 ‘‘(i) describe whether the application 10 is being made for a determination de- 11 scribed in subsection (b)(1); and 12 ‘‘(ii) be provided to the public by elec- 13 tronic means, including on the public 14 website of the Department of Transpor- 15 tation. 16 ‘‘(3) DETERMINATION.—Before a determination 17 described in paragraph (1) takes effect, the Sec- 18 retary shall publish a detailed justification for such 19 determination that addresses all public comments re- 20 ceived under paragraph (2)— 21 ‘‘(A) on the public website of the Depart- 22 ment of Transportation; and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 145 •HR 3684 IH ‘‘(B) if the Secretary issues a waiver with 1 respect to such determination, in the Federal 2 Register. 3 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 4 ‘‘(1) IN GENERAL.—Not later than 1 year after 5 the date of enactment of this subsection, and at 6 least every 5 years thereafter, the Secretary shall re- 7 view any standing nationwide waiver issued by the 8 Secretary under this section to ensure such waiver 9 remains justified. 10 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY 11 FOR COMMENT.— 12 ‘‘(A) IN GENERAL.—Not later than 30 13 days before the completion of a review under 14 paragraph (1), the Secretary shall provide noti- 15 fication and an opportunity for public comment 16 on such review. 17 ‘‘(B) MEANS OF NOTIFICATION.—Notifica- 18 tion provided under this subparagraph shall be 19 provided by electronic means, including on the 20 public website of the Department of Transpor- 21 tation. 22 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL 23 REGISTER.—After the completion of a review under 24 paragraph (1), the Secretary shall publish in the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 146 •HR 3684 IH Federal Register a detailed justification for the de- 1 termination made under paragraph (1) that address- 2 es all public comments received under paragraph 3 (2). 4 ‘‘(4) CONSIDERATION.—In conducting the re- 5 view under paragraph (1), the Secretary shall con- 6 sider the research on supply chains carried out 7 under section 1112(c) of the INVEST in America 8 Act. 9 ‘‘(j) REPORT.—Not later than 120 days after the last 10 day of each fiscal year, the Secretary shall submit to the 11 Committee on Transportation and Infrastructure of the 12 House of Representatives, the Committee on Appropria- 13 tions of the House of Representatives, the Committee on 14 Environment and Public Works of the Senate, and the 15 Committee on Appropriations of the Senate a report on 16 the waivers provided under subsection (h) during the pre- 17 vious fiscal year and the justifications for such waivers. 18 ‘‘(k) CONSTRUCTION MATERIALS DEFINED.—In this 19 section, the term ‘construction materials’ means primary 20 materials that are commonly used in highway construc- 21 tion, as determined by the Secretary.’’. 22 (b) CONSTRUCTION MATERIALS.— 23 (1) ESTABLISHMENT OF REQUIREMENTS.—The 24 Secretary shall issue such regulations as are nec- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 147 •HR 3684 IH essary to implement the amendment made sub- 1 section (a)(1)(D). Such regulations shall ensure the 2 continued availability of construction materials to 3 carry out projects under title 23, United States 4 Code. 5 (2) CONSIDERATIONS.—The requirements of 6 this section, and the amendments made by this sec- 7 tion— 8 (A) shall seek to maximize jobs located in 9 the United States; 10 (B) may establish domestic content re- 11 quirements that increase over time, based on 12 the current and expected future domestic avail- 13 ability of construction materials; and 14 (C) shall take into consideration the re- 15 search conducted under subsection (c). 16 (3) APPLICABILITY.—The amendment made by 17 subsection (a)(1)(D) shall take effect beginning on 18 the date that the Secretary establishes the require- 19 ments described under paragraph (1). 20 (c) RESEARCH ON SUPPLY CHAINS.— 21 (1) IN GENERAL.—The Secretary shall conduct 22 research on covered items that are commonly used 23 or acquired under title 23, United States Code, in- 24 cluding— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 148 •HR 3684 IH (A) construction materials; 1 (B) manufactured products; 2 (C) vehicles; and 3 (D) alternative fuel infrastructure and 4 electric vehicle supply equipment. 5 (2) CONSIDERATIONS.—The research under 6 paragraph (1) shall consider— 7 (A) the domestic availability of covered 8 items; 9 (B) the supply chain for covered items. 10 (C) the estimated market share of covered 11 items from— 12 (i) procurement under the Federal-aid 13 highway program; 14 (ii) procurement under other pro- 15 grams administered by the Secretary of 16 Transportation; and 17 (iii) other Federal procurement; and 18 (D) the cost differential, if any, of domesti- 19 cally produced covered items as compared to 20 non-domestically produced covered items. 21 (3) DOMESTIC SUPPLIERS.—As part of the re- 22 view under this paragraph, the Secretary may estab- 23 lish and maintain a list of known domestic suppliers 24 of covered items. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 149 •HR 3684 IH (4) DEFINITION OF COVERED ITEM.—For the 1 purposes of this section, the term ‘‘covered item’’ 2 means any material or product subject to the re- 3 quirements of section 313(a) of title 23, United 4 States Code, that is commonly used in highway con- 5 struction or procured under the Federal-aid highway 6 program. 7 (d) SAFETEA–LU TECHNICAL CORRECTIONS ACT 8 OF 2008.—Section 117 of the SAFETEA–LU Technical 9 Corrections Act of 2008 (23 U.S.C. 313 note) is repealed. 10 SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIRE- 11 MENTS. 12 (a) IN GENERAL.—Section 113 of title 23, United 13 States Code, is amended— 14 (1) by striking subsections (a) and (b) and in- 15 serting the following: 16 ‘‘(a) IN GENERAL.—The Secretary shall take such 17 action as may be necessary to ensure that all laborers and 18 mechanics employed by contractors and subcontractors on 19 construction work performed on projects financed or oth- 20 erwise assisted in whole or in part by a loan, loan guar- 21 antee, grant, credit enhancement, or any other form of 22 Federal assistance administered by the Secretary or the 23 Department, including programs to capitalize revolving 24 loan funds and subsequent financing cycles under such 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 150 •HR 3684 IH funds, shall be paid wages at rates not less than those 1 prevailing on projects of a character similar in the locality, 2 as determined by the Secretary of Labor in accordance 3 with subchapter IV of chapter 31 of title 40. With respect 4 to the labor standards specified in this section, the Sec- 5 retary of Labor shall have the authority and functions set 6 forth in Reorganization Plan Numbered 14 of 1950 (64 7 Stat. 1267) and section 3145 of title 40.’’; 8 (2) by redesignating subsection (c) as sub- 9 section (b); and 10 (3) in subsection (b), as so redesignated, by in- 11 serting ‘‘APPRENTICESHIP AND SKILL TRAINING 12 PROGRAMS.—’’ before ‘‘The provisions’’. 13 (b) CONFORMING AMENDMENTS.— 14 (1) Section 133 of title 23, United States Code, 15 is amended by striking subsection (i). 16 (2) Section 167 of title 23, United States Code, 17 is amended by striking subsection (l). 18 (3) Section 1401 of the MAP–21 (23 U.S.C. 19 137 note) is amended by striking subsection (e). 20 SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR 21 CATEGORICAL EXCLUSIONS. 22 Section 326(c)(3) of title 23, United States Code, is 23 amended— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 151 •HR 3684 IH (1) by striking subparagraph (A) and inserting 1 the following: 2 ‘‘(A) except as provided under subpara- 3 graph (C), have a term of not more than 3 4 years;’’; 5 (2) in subparagraph (B) by striking the period 6 at the end and inserting ‘‘; and’’; and 7 (3) by adding at the end the following: 8 ‘‘(C) for any State that has assumed the 9 responsibility for categorical exclusions under 10 this section for at least 10 years, have a term 11 of 5 years.’’. 12 SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIV- 13 ERY PROGRAM WRITTEN AGREEMENTS. 14 Section 327 of title 23, United States Code, is 15 amended— 16 (1) in subsection (a)(2)(G) by inserting ‘‘, in- 17 cluding the payment of fees awarded under section 18 2412 of title 28’’ after ‘‘with the project’’. 19 (2) in subsection (c)— 20 (A) by striking paragraph (5) and insert- 21 ing the following: 22 ‘‘(5) except as provided under paragraph (7), 23 have a term of not more than 5 years;’’; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 152 •HR 3684 IH (B) in paragraph (6) by striking the period 1 at the end and inserting ‘‘; and’’; and 2 (C) by adding at the end the following: 3 ‘‘(7) for any State that has participated in a 4 program under this section (or under a predecessor 5 program) for at least 10 years, have a term of 10 6 years.’’; 7 (3) in subsection (g)(1)— 8 (A) in subparagraph (C) by striking ‘‘an- 9 nual’’; 10 (B) in subparagraph (B) by striking ‘‘and’’ 11 at the end; 12 (C) by redesignating subparagraph (C) as 13 subparagraph (D); and 14 (D) by inserting after subparagraph (B) 15 the following: 16 ‘‘(C) in the case of an agreement period of 17 greater than 5 years under subsection (c)(7), 18 conduct an audit covering the first 5 years of 19 the agreement period; and’’; and 20 (4) by adding at the end the following: 21 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.— 22 A State agency that is assigned a responsibility under an 23 agreement under this section shall be deemed to be an 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 153 •HR 3684 IH agency of the United States for the purposes of section 1 2412 of title 28.’’. 2 SEC. 1116. CORROSION PREVENTION FOR BRIDGES. 3 (a) DEFINITIONS.—In this section: 4 (1) APPLICABLE BRIDGE PROJECTS.—The term 5 ‘‘applicable bridge projects’’ means a project for con- 6 struction, replacement, rehabilitation, preservation, 7 or protection, other than de minimis work, as deter- 8 mined by the applicable State department of trans- 9 portation, on a bridge project that receives financial 10 assistance under title 23, United States Code. 11 (2) CERTIFIED CONTRACTOR.—The term ‘‘cer- 12 tified contractor’’ means a contracting or subcon- 13 tracting firm that has been certified by an industry- 14 wide recognized third party organization that evalu- 15 ates the capability of the contractor or subcontractor 16 to properly perform 1 or more specified aspects of 17 applicable bridge projects described in subsection 18 (b)(2). 19 (3) QUALIFIED TRAINING PROGRAM.—The term 20 ‘‘qualified training program’’ means a training pro- 21 gram in corrosion control, mitigation, and prevention 22 that is either— 23 (A) offered or accredited by an organiza- 24 tion that sets industry corrosion standards; or 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 154 •HR 3684 IH (B) an industrial coatings applicator train- 1 ing program registered under the Act of August 2 16, 1937 (29 U.S.C. 50 et seq.; commonly 3 known as the ‘‘National Apprenticeship Act’’) 4 that meets the standards of subpart A of part 5 29 and part 30 of title 29, Code of Federal 6 Regulations. 7 (b) APPLICABLE BRIDGE PROJECTS.— 8 (1) QUALITY CONTROL.—A certified contractor 9 shall carry out aspects of an applicable bridge 10 project described in paragraph (2). 11 (2) ASPECTS OF APPLICABLE BRIDGE 12 PROJECTS.—Aspects of an applicable bridge project 13 referred to in paragraph (1) shall include— 14 (A) surface preparation or coating applica- 15 tion on steel or rebar of an applicable bridge 16 project; 17 (B) removal of a lead-based or other haz- 18 ardous coating from steel of an existing applica- 19 ble bridge project; and 20 (C) shop painting of structural steel or 21 rebar fabricated for installation on an applica- 22 ble bridge project. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 155 •HR 3684 IH (3) CORROSION MANAGEMENT SYSTEM.—In 1 carrying out an applicable bridge project, a State de- 2 partment of transportation shall— 3 (A) implement a corrosion management 4 system that utilizes industry-recognized stand- 5 ards and corrosion mitigation and prevention 6 methods to address— 7 (i) surface preparation; 8 (ii) protective coatings; 9 (iii) materials selection; 10 (iv) cathodic protection; 11 (v) corrosion engineering; 12 (vi) personnel training; and 13 (vii) best practices in environmental 14 protection to prevent environmental deg- 15 radation and uphold public health. 16 (B) require certified contractors, for the 17 purpose of carrying out aspects of applicable 18 bridge projects described in paragraph (2), to 19 employ a substantial number of individuals that 20 are trained and certified by a qualified training 21 program as meeting the ANSI/NACE Number 22 13/SSPC–ACS–1 standard or future versions of 23 this standard. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 156 •HR 3684 IH (4) CERTIFICATION.—The applicable State de- 1 partment of transportation shall only accept bids for 2 projects that include aspects of applicable bridge 3 projects described in paragraph (2) from a certified 4 contractor that presents written proof that the cer- 5 tification of such contractor meets the standards of 6 SSPC QP1, QP2, and QP3 or future versions of 7 these standards. 8 (c) TRAINING PROGRAM.—As a condition of entering 9 into a contract for an applicable bridge project, each cer- 10 tified contractor shall provide training, through a qualified 11 training program, for each individual who is not a certified 12 coating applicator but that the certified contractor em- 13 ploys to carry out aspects of applicable bridge projects as 14 described in subsection (b)(2). 15 SEC. 1117. SENSE OF CONGRESS. 16 It is the sense of Congress that— 17 (1) States should utilize life-cycle cost analysis 18 to evaluate the total economic cost of a transpor- 19 tation project over its expected lifetime; and 20 (2) data indicating that future repair costs as- 21 sociated with a transportation project frequently 22 total more than half of the initial cost of the project, 23 and that conducting life-cycle cost analysis prior to 24 construction will help States identify the most cost- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 157 •HR 3684 IH effective option, improve their economic perform- 1 ance, and lower the total cost of building and main- 2 taining the project. 3 SEC. 1118. ACCOMMODATION OF CERTAIN FACILITIES IN 4 RIGHT-OF-WAY. 5 (a) IN GENERAL.—Notwithstanding chapter 1 of title 6 23, United States Code, electric vehicle charging infra- 7 structure, renewable energy generation facilities, electrical 8 transmission and distribution infrastructure, and 9 broadband infrastructure and conduit shall be treated as 10 a facility covered under part 645 of title 23, Code of Fed- 11 eral Regulations (or successor regulations), for purposes 12 of being accommodated under section 109(l) of title 23, 13 United States Code. 14 (b) STATE APPROVAL.—A State, on behalf of the 15 Secretary of Transportation, may approve the accommo- 16 dation of the infrastructure and facilities described in sub- 17 section (a) within any right-of-way on a Federal-aid high- 18 way pursuant to section 109(l) of title 23, United States 19 Code. 20 SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE 21 SAFETY IMPROVEMENTS. 22 (a) IN GENERAL.—Notwithstanding any provision of 23 title 23, United States Code, or any regulation issued by 24 the Secretary of Transportation, section 129(a)(3) of such 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 158 •HR 3684 IH title shall not apply to a covered public authority that re- 1 ceives funding under such title for pedestrian and bike 2 safety improvements. 3 (b) NO TOLL.—A covered public authority may not 4 charge a toll, fee, or other levy for use of such improve- 5 ments. 6 (c) EFFECTIVE DATE.—A covered public authority 7 shall be eligible for the exemption under subsection (a) 8 for 10 years after the date of enactment of this Act. Any 9 such exemption granted shall remain in effect after the 10 effective date described in this section. 11 (d) DEFINITIONS.—In this section, the following defi- 12 nitions apply: 13 (1) COVERED PUBLIC AUTHORITY.—The term 14 ‘‘covered public authority’’ means a public authority 15 with jurisdiction over a toll facility located within 16 both— 17 (A) a National Scenic Area; and 18 (B) the National Trail System. 19 (2) NATIONAL SCENIC AREA.—The term ‘‘Na- 20 tional Scenic Area’’ means an area of the National 21 Forest System federally designated as a National 22 Scenic Area in recognition of the outstanding nat- 23 ural, scenic, and recreational values of the area. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 159 •HR 3684 IH (3) NATIONAL TRAIL SYSTEM.—The term ‘‘Na- 1 tional Trail System’’ means an area described in sec- 2 tion 3 of the National Trails System Act (16 U.S.C. 3 1242). 4 (4) PUBLIC AUTHORITY; TOLL FACILITY.—The 5 terms ‘‘public authority’’ and ‘‘toll facility’’ have the 6 meanings such terms would have if such terms were 7 included in chapter 1 of title 23, United States 8 Code. 9 Subtitle B—Programmatic 10 Infrastructure Investment 11 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 12 Section 119 of title 23, United States Code, is 13 amended— 14 (1) by striking subsection (b) and inserting the 15 following: 16 ‘‘(b) PURPOSES.—The purposes of the national high- 17 way performance program shall be— 18 ‘‘(1) to provide support for the condition and 19 performance of the National Highway System, con- 20 sistent with the asset management plans of States; 21 ‘‘(2) to support progress toward the achieve- 22 ment of performance targets of States established 23 under section 150; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 160 •HR 3684 IH ‘‘(3) to increase the resilience of Federal-aid 1 highways and bridges; and 2 ‘‘(4) to provide support for the construction of 3 new facilities on the National Highway System, con- 4 sistent with subsection (d)(3).’’; 5 (2) in subsection (d)— 6 (A) in paragraph (1)(A) by striking ‘‘or 7 freight movement on the National Highway 8 System’’ and inserting ‘‘freight movement, envi- 9 ronmental sustainability, transportation system 10 access, or combating climate change’’; 11 (B) in paragraph (1)(B) by striking ‘‘and’’ 12 at the end; 13 (C) in paragraph (2)— 14 (i) in subparagraph (G)— 15 (I) in clause (i) by inserting 16 ‘‘and’’ at the end; 17 (II) in clause (ii) by striking ‘‘; 18 and’’ and inserting a period; and 19 (III) by striking clause (iii); 20 (ii) in subparagraph (I) by inserting 21 ‘‘, including the installation of safety bar- 22 riers and nets on bridges on the National 23 Highway System’’ after ‘‘National High- 24 way System’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 161 •HR 3684 IH (iii) by adding at the end the fol- 1 lowing: 2 ‘‘(Q) Projects on or off the National High- 3 way System to reduce greenhouse gas emissions 4 that are eligible under section 171, including 5 the installation of electric vehicle charging in- 6 frastructure. 7 ‘‘(R) Projects on or off the National High- 8 way System to enhance resilience of a transpor- 9 tation facility eligible under section 124, includ- 10 ing protective features and natural infrastruc- 11 ture. 12 ‘‘(S) Projects and strategies to reduce ve- 13 hicle-caused wildlife mortality related to, or to 14 restore and maintain connectivity among terres- 15 trial or aquatic habitats affected by, a transpor- 16 tation facility eligible for assistance under this 17 section. 18 ‘‘(T) Projects on or off the National High- 19 way System to improve an evacuation route eli- 20 gible under section 124(b)(1)(C). 21 ‘‘(U) The removal, retrofit, repurposing, 22 remediation, or replacement of a highway on 23 the National Highway System that creates a 24 barrier to community connectivity to improve 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 162 •HR 3684 IH access for multiple modes of transportation.’’; 1 and 2 (D) by adding at the end the following: 3 ‘‘(3) a project that is otherwise eligible under 4 this subsection to construct new capacity for single 5 occupancy passenger vehicles only if the State— 6 ‘‘(A) has demonstrated progress in achiev- 7 ing a state of good repair, as defined in the 8 State’s asset management plan, on the National 9 Highway System; 10 ‘‘(B) demonstrates that the project— 11 ‘‘(i) supports the achievement of per- 12 formance targets of the State established 13 under section 150; and 14 ‘‘(ii) is more cost effective, as deter- 15 mined by benefit-cost analysis, than— 16 ‘‘(I) an operational improvement 17 to the facility or corridor; 18 ‘‘(II) the construction of a public 19 transportation project eligible for as- 20 sistance under chapter 53 of title 49; 21 or 22 ‘‘(III) the construction of a non- 23 single occupancy passenger vehicle 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 163 •HR 3684 IH project that improves freight move- 1 ment; and 2 ‘‘(C) has a public plan for maintaining and 3 operating the new asset while continuing its 4 progress in achieving a state of good repair 5 under subparagraph (A).’’; 6 (3) in subsection (e)— 7 (A) in the heading by inserting ‘‘ASSET 8 AND’’ after ‘‘STATE’’; 9 (B) in paragraph (4)(D) by striking ‘‘anal- 10 ysis’’ and inserting ‘‘analyses, both of which 11 shall take into consideration climate change ad- 12 aptation and resilience;’’; and 13 (C) in paragraph (8) by striking ‘‘Not later 14 than 18 months after the date of enactment of 15 the MAP–21, the Secretary’’ and inserting 16 ‘‘The Secretary’’; and 17 (4) by adding at the end the following: 18 ‘‘(k) BENEFIT-COST ANALYSIS.—In carrying out 19 subsection (d)(3)(B)(ii), the Secretary shall establish a 20 process for analyzing the cost and benefits of projects 21 under such subsection, ensuring that— 22 ‘‘(1) the benefit-cost analysis includes a calcula- 23 tion of all the benefits addressed in the performance 24 measures established under section 150; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 164 •HR 3684 IH ‘‘(2) the benefit-cost analysis includes a consid- 1 eration of the total maintenance cost of an asset 2 over the lifecycle of the asset; and 3 ‘‘(3) the State demonstrates that any transpor- 4 tation demand modeling used to calculate the ben- 5 efit-cost analysis has a documented record of accu- 6 racy.’’. 7 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR- 8 TATION ASSETS. 9 (a) PREDISASTER MITIGATION PROGRAM.— 10 (1) IN GENERAL.—Chapter 1 of title 23, United 11 States Code, is amended by inserting after section 12 123 the following: 13 ‘‘§ 124. Predisaster mitigation program 14 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 15 lish and implement a predisaster mitigation program to 16 enhance the resilience of the transportation system of the 17 United States, mitigate the impacts of covered events, and 18 ensure the efficient use of Federal resources. 19 ‘‘(b) ELIGIBLE ACTIVITIES.— 20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 21 funds apportioned to the State under section 22 104(b)(8) may be obligated for— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 165 •HR 3684 IH ‘‘(A) construction activities, including con- 1 struction of natural infrastructure or protective 2 features— 3 ‘‘(i) to increase the resilience of a sur- 4 face transportation infrastructure asset to 5 withstand a covered event; 6 ‘‘(ii) to relocate or provide a reason- 7 able alternative to a repeatedly damaged 8 facility; and 9 ‘‘(iii) for an evacuation route identi- 10 fied in the vulnerability assessment re- 11 quired under section 134(i)(2)(I)(iii) or 12 section 135(f)(10)(C) to— 13 ‘‘(I) improve the capacity or op- 14 eration of such evacuation route 15 through communications and intel- 16 ligent transportation system equip- 17 ment and infrastructure, counterflow 18 measures, and shoulders; and 19 ‘‘(II) relocate such evacuation 20 route or provide a reasonable alter- 21 native to such evacuation route to ad- 22 dress the risk of a covered event; 23 ‘‘(B) resilience planning activities, includ- 24 ing activities described in sections 134(i)(2)(I) 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 166 •HR 3684 IH and 135(f)(10) of this title and sections 1 5303(i)(2)(I) and 5304(f)(10) of title 49; and 2 ‘‘(C) the development of projects and pro- 3 grams that help States, territories, and regions 4 recover from covered events that significantly 5 disrupt the transportation system, including— 6 ‘‘(i) predisaster training programs 7 that help agencies and regional stake- 8 holders plan for and prepare multimodal 9 recovery efforts; and 10 ‘‘(ii) the establishment of region-wide 11 telework training and programs. 12 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP- 13 TATION.—No funds shall be obligated to a project 14 under this section unless the project meets each of 15 the following criteria: 16 ‘‘(A) The project is designed to ensure re- 17 silience over the anticipated service life of the 18 surface transportation infrastructure asset. 19 ‘‘(B) The project is identified in the metro- 20 politan or statewide transportation improve- 21 ment program as a project to address resilience 22 vulnerabilities, consistent with section 23 134(j)(3)(E) or 135(g)(5)(B)(iii). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 167 •HR 3684 IH ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 1 shall develop a process to prioritize projects under 2 this section based on the degree to which the pro- 3 posed project would— 4 ‘‘(A) be cost effective in the long-term; 5 ‘‘(B) reduce the risk of disruption to a sur- 6 face transportation infrastructure asset consid- 7 ered critical to support population centers, 8 freight movement, economic activity, evacu- 9 ation, recovery, national security functions, or 10 critical infrastructure; and 11 ‘‘(C) ease disruptions to vulnerable, at- 12 risk, or transit-dependant populations. 13 ‘‘(c) GUIDANCE.—The Secretary shall provide guid- 14 ance to States to assist with the implementation of para- 15 graphs (2) and (3) of subsection (b). 16 ‘‘(d) DEFINITIONS.—In this section: 17 ‘‘(1) COVERED EVENT.—The term ‘covered 18 event’ means a climate change effect (including sea 19 level rise), flooding, and an extreme event or other 20 natural disaster (including wildfires, seismic activity, 21 and landslides). 22 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC- 23 TURE ASSET.—The term ‘surface transportation in- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 168 •HR 3684 IH frastructure asset’ means a facility eligible for as- 1 sistance under this title or chapter 53 of title 49.’’. 2 (2) CONFORMING AMENDMENT.—The analysis 3 for chapter 1 of title 23, United States Code, is 4 amended by inserting after the item relating to sec- 5 tion 123 the following: 6 ‘‘124. Predisaster mitigation program.’’. (b) PROJECTS IN FLOOD-PRONE AREAS.—Section 7 109 of title 23, United States Code, is further amended 8 by adding at the end the following: 9 ‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For 10 projects and actions that, in whole or in part, encroach 11 within the limits of a flood-prone area, the Secretary shall 12 ensure that such projects and actions are— 13 ‘‘(1) designed and constructed in a way that 14 takes into account, and mitigates where appropriate, 15 flood risk by using hydrologic, hydraulic, and hydro- 16 dynamic data, methods, and analysis that integrate 17 current and projected changes in flooding based on 18 climate science over the anticipated service life of 19 the asset and future forecasted land use changes; 20 and 21 ‘‘(2) designed using analysis that considers the 22 capital costs, risks, and other economic, engineering, 23 social and environmental concerns of constructing a 24 project in a flood-prone area.’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 169 •HR 3684 IH (c) METROPOLITAN TRANSPORTATION PLANNING.— 1 (1) AMENDMENTS TO TITLE 23.— 2 (A) CLIMATE CHANGE AND RESILIENCE.— 3 Section 134(i)(2) of title 23, United States 4 Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 7 ‘‘(i) IN GENERAL.—The transpor- 8 tation planning process shall assess strate- 9 gies to reduce the climate change impacts 10 of the surface transportation system and 11 conduct a vulnerability assessment to iden- 12 tify opportunities to enhance the resilience 13 of the surface transportation system and 14 ensure the efficient use of Federal re- 15 sources. 16 ‘‘(ii) CLIMATE CHANGE MITIGATION 17 AND IMPACTS.—A long-range transpor- 18 tation plan shall— 19 ‘‘(I) identify investments and 20 strategies to reduce transportation-re- 21 lated sources of greenhouse gas emis- 22 sions per capita; 23 ‘‘(II) identify investments and 24 strategies to manage transportation 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 170 •HR 3684 IH demand and increase the rates of pub- 1 lic transportation ridership, walking, 2 bicycling, and carpools; and 3 ‘‘(III) recommend zoning and 4 other land use policies that would sup- 5 port infill, transit-oriented develop- 6 ment, and mixed use development. 7 ‘‘(iii) VULNERABILITY ASSESSMENT.— 8 A long-range transportation plan shall in- 9 corporate a vulnerability assessment that— 10 ‘‘(I) includes a risk-based assess- 11 ment of vulnerabilities of critical 12 transportation assets and systems to 13 covered events (as such term is de- 14 fined in section 124); 15 ‘‘(II) considers, as applicable, the 16 risk management analysis in the 17 State’s asset management plan devel- 18 oped pursuant to section 119, and the 19 State’s evaluation of reasonable alter- 20 natives to repeatedly damaged facili- 21 ties conducted under part 667 of title 22 23, Code of Federal Regulations; 23 ‘‘(III) at the discretion of the 24 metropolitan planning organization, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 171 •HR 3684 IH identifies evacuation routes, assesses 1 the ability of any such routes to pro- 2 vide safe passage for evacuation, ac- 3 cess to health care and public health 4 facilities, and emergency response 5 during an emergency event, and iden- 6 tifies any improvements or redundant 7 facilities necessary to adequately fa- 8 cilitate safe passage; 9 ‘‘(IV) describes the metropolitan 10 planning organization’s adaptation 11 and resilience improvement strategies 12 that will inform the transportation in- 13 vestment decisions of the metropolitan 14 planning organization; and 15 ‘‘(V) is consistent with and com- 16 plementary of the State, Tribal, and 17 local mitigation plans required under 18 section 322 of the Robert T. Stafford 19 Disaster Relief and Emergency Assist- 20 ance Act (42 U.S.C. 5165). 21 ‘‘(iv) CONSULTATION.—The assess- 22 ment described in this subparagraph shall 23 be developed in consultation with, as ap- 24 propriate, State, local, and Tribal officials 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 172 •HR 3684 IH responsible for land use, housing, resil- 1 ience, hazard mitigation, and emergency 2 management.’’. 3 (B) RESILIENCE PROJECTS.—Section 4 134(j)(3) of title 23, United States Code, is 5 amended by adding at the end the following: 6 ‘‘(E) RESILIENCE PROJECTS.—The TIP 7 shall— 8 ‘‘(i) identify any projects that address 9 the vulnerabilities identified by the assess- 10 ment in subsection (i)(2)(I)(iii); and 11 ‘‘(ii) describe how each project identi- 12 fied under clause (i) would improve the re- 13 silience of the transportation system.’’. 14 (2) AMENDMENTS TO TITLE 49.— 15 (A) CLIMATE CHANGE AND RESILIENCE.— 16 Section 5303(i)(2) of title 49, United States 17 Code, is amended by adding at the end the fol- 18 lowing: 19 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 20 ‘‘(i) IN GENERAL.—The transpor- 21 tation planning process shall assess strate- 22 gies to reduce the climate change impacts 23 of the surface transportation system and 24 conduct a vulnerability assessment to iden- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 173 •HR 3684 IH tify opportunities to enhance the resilience 1 of the surface transportation system and 2 ensure the efficient use of Federal re- 3 sources. 4 ‘‘(ii) CLIMATE CHANGE MITIGATION 5 AND IMPACTS.—A long-range transpor- 6 tation plan shall— 7 ‘‘(I) identify investments and 8 strategies to reduce transportation-re- 9 lated sources of greenhouse gas emis- 10 sions per capita; 11 ‘‘(II) identify investments and 12 strategies to manage transportation 13 demand and increase the rates of pub- 14 lic transportation ridership, walking, 15 bicycling, and carpools; and 16 ‘‘(III) recommend zoning and 17 other land use policies that would sup- 18 port infill, transit-oriented develop- 19 ment, and mixed use development. 20 ‘‘(iii) VULNERABILITY ASSESSMENT.— 21 A long-range transportation plan shall in- 22 corporate a vulnerability assessment that— 23 ‘‘(I) includes a risk-based assess- 24 ment of vulnerabilities of critical 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 174 •HR 3684 IH transportation assets and systems to 1 covered events (as such term is de- 2 fined in section 124 of title 23); 3 ‘‘(II) considers, as applicable, the 4 risk management analysis in the 5 State’s asset management plan devel- 6 oped pursuant to section 119 of title 7 23, and the State’s evaluation of rea- 8 sonable alternatives to repeatedly 9 damaged facilities conducted under 10 part 667 of title 23, Code of Federal 11 Regulations; 12 ‘‘(III) at the discretion of the 13 metropolitan planning organization, 14 identifies evacuation routes, assesses 15 the ability of any such routes to pro- 16 vide safe passage for evacuation, ac- 17 cess to health care and public health 18 facilities, and emergency response 19 during an emergency event, and iden- 20 tifies any improvements or redundant 21 facilities necessary to adequately fa- 22 cilitate safe passage; 23 ‘‘(IV) describes the metropolitan 24 planning organization’s adaptation 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 175 •HR 3684 IH and resilience improvement strategies 1 that will inform the transportation in- 2 vestment decisions of the metropolitan 3 planning organization; and 4 ‘‘(V) is consistent with and com- 5 plementary of the State, Tribal, and 6 local mitigation plans required under 7 section 322 of the Robert T. Stafford 8 Disaster Relief and Emergency Assist- 9 ance Act (42 U.S.C. 5165). 10 ‘‘(iv) CONSULTATION.—The assess- 11 ment described in this subparagraph shall 12 be developed in consultation, as appro- 13 priate, with State, local, and Tribal offi- 14 cials responsible for land use, housing, re- 15 silience, hazard mitigation, and emergency 16 management.’’. 17 (B) RESILIENCE PROJECTS.—Section 18 5303(j)(3) of title 49, United States Code, is 19 amended by adding at the end the following: 20 ‘‘(E) RESILIENCE PROJECTS.—The TIP 21 shall— 22 ‘‘(i) identify any projects that address 23 the vulnerabilities identified by the assess- 24 ment in subsection (i)(2)(I)(iii); and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 176 •HR 3684 IH ‘‘(ii) describe how each project identi- 1 fied under clause (i) would improve the re- 2 silience of the transportation system.’’. 3 (d) STATEWIDE AND NONMETROPOLITAN PLAN- 4 NING.— 5 (1) AMENDMENTS TO TITLE 23.— 6 (A) CLIMATE CHANGE AND RESILIENCE.— 7 Section 135(f) of title 23, United States Code, 8 is amended by adding at the end the following: 9 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 10 ‘‘(A) IN GENERAL.—The transportation 11 planning process shall assess strategies to re- 12 duce the climate change impacts of the surface 13 transportation system and conduct a vulner- 14 ability assessment to identify opportunities to 15 enhance the resilience of the surface transpor- 16 tation system and ensure the efficient use of 17 Federal resources. 18 ‘‘(B) CLIMATE CHANGE MITIGATION AND 19 IMPACTS.—A long-range transportation plan 20 shall— 21 ‘‘(i) identify investments and strate- 22 gies to reduce transportation-related 23 sources of greenhouse gas emissions per 24 capita; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 177 •HR 3684 IH ‘‘(ii) identify investments and strate- 1 gies to manage transportation demand and 2 increase the rates of public transportation 3 ridership, walking, bicycling, and carpools; 4 and 5 ‘‘(iii) recommend zoning and other 6 land use policies that would support infill, 7 transit-oriented development, and mixed 8 use development. 9 ‘‘(C) VULNERABILITY ASSESSMENT.—A 10 long-range transportation plan shall incorporate 11 a vulnerability assessment that— 12 ‘‘(i) includes a risk-based assessment 13 of vulnerabilities of critical transportation 14 assets and systems to covered events (as 15 such term is defined in section 124); 16 ‘‘(ii) considers, as applicable, the risk 17 management analysis in the State’s asset 18 management plan developed pursuant to 19 section 119, and the State’s evaluation of 20 reasonable alternatives to repeatedly dam- 21 aged facilities conducted under part 667 of 22 title 23, Code of Federal Regulations; 23 ‘‘(iii) identifies evacuation routes, as- 24 sesses the ability of any such routes to pro- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 178 •HR 3684 IH vide safe passage for evacuation, access to 1 health care and public health facilities, and 2 emergency response during an emergency 3 event, and identifies any improvements or 4 redundant facilities necessary to ade- 5 quately facilitate safe passage; 6 ‘‘(iv) describes the States’s adaptation 7 and resilience improvement strategies that 8 will inform the transportation investment 9 decisions of the State; and 10 ‘‘(v) is consistent with and com- 11 plementary of the State, Tribal, and local 12 mitigation plans required under section 13 322 of the Robert T. Stafford Disaster Re- 14 lief and Emergency Assistance Act (42 15 U.S.C. 5165). 16 ‘‘(D) CONSULTATION.—The assessment 17 described in this paragraph shall be developed 18 in consultation with, as appropriate, metropoli- 19 tan planning organizations and State, local, and 20 Tribal officials responsible for land use, hous- 21 ing, resilience, hazard mitigation, and emer- 22 gency management.’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 179 •HR 3684 IH (B) RESILIENCE PROJECTS.—Section 1 135(g)(5)(B) of title 23, United States Code, is 2 amended by adding at the end the following: 3 ‘‘(iii) RESILIENCE PROJECTS.—The 4 STIP shall— 5 ‘‘(I) identify projects that ad- 6 dress the vulnerabilities identified by 7 the assessment in subsection 8 (i)(10)(B); and 9 ‘‘(II) describe how each project 10 identified under subclause (I) would 11 improve the resilience of the transpor- 12 tation system.’’. 13 (2) AMENDMENTS TO TITLE 49.— 14 (A) CLIMATE CHANGE AND RESILIENCE.— 15 Section 5304(f) of title 49, United States Code, 16 is amended by adding at the end the following: 17 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 18 ‘‘(A) IN GENERAL.—The transportation 19 planning process shall assess strategies to re- 20 duce the climate change impacts of the surface 21 transportation system and conduct a vulner- 22 ability assessment to identify opportunities to 23 enhance the resilience of the surface transpor- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 180 •HR 3684 IH tation system and ensure the efficient use of 1 Federal resources. 2 ‘‘(B) CLIMATE CHANGE MITIGATION AND 3 IMPACTS.—A long-range transportation plan 4 shall— 5 ‘‘(i) identify investments and strate- 6 gies to reduce transportation-related 7 sources of greenhouse gas emissions per 8 capita; 9 ‘‘(ii) identify investments and strate- 10 gies to manage transportation demand and 11 increase the rates of public transportation 12 ridership, walking, bicycling, and carpools; 13 and 14 ‘‘(iii) recommend zoning and other 15 land use policies that would support infill, 16 transit-oriented development, and mixed 17 use development. 18 ‘‘(C) VULNERABILITY ASSESSMENT.—A 19 long-range transportation plan shall incorporate 20 a vulnerability assessment that— 21 ‘‘(i) includes a risk-based assessment 22 of vulnerabilities of critical transportation 23 assets and systems to covered events (as 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 181 •HR 3684 IH such term is defined in section 124 of title 1 23); 2 ‘‘(ii) considers, as applicable, the risk 3 management analysis in the State’s asset 4 management plan developed pursuant to 5 section 119 of title 23, and the State’s 6 evaluation of reasonable alternatives to re- 7 peatedly damaged facilities conducted 8 under part 667 of title 23, Code of Federal 9 Regulations; 10 ‘‘(iii) identifies evacuation routes, as- 11 sesses the ability of any such routes to pro- 12 vide safe passage for evacuation, access to 13 health care and public health facilities, and 14 emergency response during an emergency 15 event, and identifies any improvements or 16 redundant facilities necessary to ade- 17 quately facilitate safe passage; 18 ‘‘(iv) describes the State’s adaptation 19 and resilience improvement strategies that 20 will inform the transportation investment 21 decisions of the State; and 22 ‘‘(v) is consistent with and com- 23 plementary of the State, Tribal, and local 24 mitigation plans required under section 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 182 •HR 3684 IH 322 of the Robert T. Stafford Disaster Re- 1 lief and Emergency Assistance Act (42 2 U.S.C. 5165). 3 ‘‘(D) CONSULTATION.—The assessment 4 described in this paragraph shall be developed 5 in consultation with, as appropriate, metropoli- 6 tan planning organizations and State, local, and 7 Tribal officials responsible for land use, hous- 8 ing, resilience, hazard mitigation, and emer- 9 gency management.’’. 10 (B) RESILIENCE PROJECTS.—Section 11 5304(g)(5)(B) of title 49, United States Code, 12 is amended by adding at the end the following: 13 ‘‘(iii) RESILIENCE PROJECTS.—The 14 STIP shall— 15 ‘‘(I) identify projects that ad- 16 dress the vulnerabilities identified by 17 the assessment in subsection 18 (i)(10)(B); and 19 ‘‘(II) describe how each project 20 identified under subclause (I) would 21 improve the resilience of the transpor- 22 tation system.’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 183 •HR 3684 IH SEC. 1203. EMERGENCY RELIEF. 1 (a) IN GENERAL.—Section 125 of title 23, United 2 States Code, is amended— 3 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 4 after ‘‘severe storm,’’; 5 (2) by striking subsection (b); 6 (3) in subsection (c)(2)(A) by striking ‘‘in any 7 1 fiscal year commencing after September 30, 8 1980,’’ and inserting ‘‘in any fiscal year’’; 9 (4) in subsection (d)— 10 (A) in paragraph (3)(C) by striking ‘‘(as 11 defined in subsection (e)(1))’’; 12 (B) by redesignating paragraph (3) as 13 paragraph (4); and 14 (C) by striking paragraphs (1) and (2) and 15 inserting the following: 16 ‘‘(1) IN GENERAL.—The Secretary may expend 17 funds from the emergency fund authorized by this 18 section only for the repair or reconstruction of high- 19 ways on Federal-aid highways in accordance with 20 this chapter. 21 ‘‘(2) RESTRICTIONS.— 22 ‘‘(A) IN GENERAL.—No funds shall be ex- 23 pended from the emergency fund authorized by 24 this section unless— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 184 •HR 3684 IH ‘‘(i) an emergency has been declared 1 by the Governor of the State with concur- 2 rence by the Secretary, unless the Presi- 3 dent has declared the emergency to be a 4 major disaster for the purposes of the Rob- 5 ert T. Stafford Disaster Relief and Emer- 6 gency Assistance Act (42 U.S.C. 5121 et 7 seq.) for which concurrence of the Sec- 8 retary is not required; and 9 ‘‘(ii) the Secretary has received an ap- 10 plication from the State transportation de- 11 partment that includes a comprehensive 12 list of all eligible project sites and repair 13 costs by not later than 2 years after the 14 natural disaster or catastrophic failure. 15 ‘‘(B) COST LIMITATION.—The total cost of 16 a project funded under this section may not ex- 17 ceed the cost of repair or reconstruction of a 18 comparable facility unless the Secretary deter- 19 mines that the project incorporates economi- 20 cally justified betterments, including protective 21 features to increase the resilience of the facility. 22 ‘‘(C) REPEATEDLY DAMAGED FACILI- 23 TIES.—An application submitted under this sec- 24 tion for the permanent repair or reconstruction 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 185 •HR 3684 IH of a repeatedly damaged facility shall include 1 consideration and, if feasible, incorporation of 2 economically justifiable betterments, including 3 protective features, to increase the resilience of 4 such facility. 5 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 6 In no case shall funds be used under this section for 7 the repair or reconstruction of a bridge— 8 ‘‘(A) that has been permanently closed to 9 all vehicular traffic by the State or responsible 10 local official because of imminent danger of col- 11 lapse due to a structural deficiency or physical 12 deterioration; or 13 ‘‘(B) if a construction phase of a replace- 14 ment structure is included in the approved 15 statewide transportation improvement program 16 at the time of an event described in subsection 17 (a).’’; 18 (5) in subsection (e)— 19 (A) by striking paragraph (1); 20 (B) in paragraph (2) by striking ‘‘sub- 21 section (d)(1)’’ and inserting ‘‘subsection 22 (c)(1)’’; and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 186 •HR 3684 IH (C) by redesignating paragraphs (2) and 1 (3), as amended, as paragraphs (1) and (2), re- 2 spectively; 3 (6) by redesignating subsections (c) through 4 (g), as amended, as subsections (b) through (f), re- 5 spectively; and 6 (7) by adding at the end the following: 7 ‘‘(g) IMPOSITION OF DEADLINE.— 8 ‘‘(1) IN GENERAL.—Notwithstanding any other 9 provision of law, the Secretary may not require any 10 project funded under this section to advance to the 11 construction obligation stage before the date that is 12 the last day of the sixth fiscal year after the later 13 of— 14 ‘‘(A) the date on which the Governor de- 15 clared the emergency, as described in subsection 16 (c)(2)(A)(i); or 17 ‘‘(B) the date on which the President de- 18 clared the emergency to be a major disaster, as 19 described in such subsection. 20 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec- 21 retary imposes a deadline for advancement to the 22 construction obligation stage pursuant to paragraph 23 (1), the Secretary may, upon the request of the Gov- 24 ernor of the State, issue an extension of not more 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 187 •HR 3684 IH than 1 year to complete such advancement, and may 1 issue additional extensions after the expiration of 2 any extension, if the Secretary determines the Gov- 3 ernor of the State has provided suitable justification 4 to warrant such an extension. 5 ‘‘(h) HAZARD MITIGATION PILOT PROGRAM.— 6 ‘‘(1) IN GENERAL.—The Secretary shall estab- 7 lish a hazard mitigation pilot program for the pur- 8 pose of mitigating future hazards posed to Federal- 9 aid highways, Federal lands transportation facilities, 10 and Tribal transportation facilities. 11 ‘‘(2) ALLOCATION OF FUNDS.— 12 ‘‘(A) AUTHORIZATION OF APPROPRIA- 13 TIONS.—There is authorized to be appropriated 14 such sums as may be necessary for the pilot 15 program established under this subsection. 16 ‘‘(B) CALCULATION.—Annually, the Sec- 17 retary shall calculate the total amount of out- 18 standing eligible repair costs under the emer- 19 gency relief program under this section, includ- 20 ing the emergency relief backlog, for each 21 State, territory, and Indian Tribe. 22 ‘‘(C) ALLOCATION.—Any amounts made 23 available under this subsection shall be distrib- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 188 •HR 3684 IH uted to each State, territory, or Indian Tribe 1 based on— 2 ‘‘(i) the ratio that the total amount of 3 outstanding eligible repair costs for such 4 State, territory, or Indian Tribe, as de- 5 scribed under subparagraph (B); bears to 6 ‘‘(ii) the total amount of outstanding 7 eligible repair costs for all States, terri- 8 tories, and Indian Tribes, as described 9 under subparagraph (B). 10 ‘‘(D) LIMITATION.—The allocation to a 11 State, territory, or Indian Tribe described 12 under subparagraph (C) shall not exceed 5 per- 13 cent of the total amount of outstanding eligible 14 repair costs under the emergency relief program 15 for such State, territory, or Indian Tribe, as de- 16 scribed in subparagraph (B). 17 ‘‘(3) ELIGIBLE ACTIVITIES.—Amounts made 18 available under this subsection shall be used for pro- 19 tective features or other hazard mitigation activities 20 that— 21 ‘‘(A) the Secretary determines are cost ef- 22 fective and that reduce the risk of, or increase 23 the resilience to, future damage to existing as- 24 sets as a result of natural disasters; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 189 •HR 3684 IH ‘‘(B) are eligible under section 124. 1 ‘‘(4) REPORT.—For each fiscal year in which 2 funding is made available for the program under this 3 subsection, the Secretary shall submit to the Com- 4 mittee on Transportation and Infrastructure of the 5 House of Representatives and the Committee on En- 6 vironment and Public Works of the Senate a report 7 detailing— 8 ‘‘(A) a description of the activities carried 9 out under the pilot program; 10 ‘‘(B) an evaluation of the effectiveness of 11 the pilot program in meeting purposes described 12 in paragraph (1); and 13 ‘‘(C) policy recommendations to improve 14 the effectiveness of the pilot program. 15 ‘‘(5) SUNSET.—The authority provided under 16 this subsection shall terminate on October 1, 2025. 17 ‘‘(i) IMPROVING THE EMERGENCY RELIEF PRO- 18 GRAM.—Not later than 1 year after the date of enactment 19 of the INVEST in America Act, the Secretary shall— 20 ‘‘(1) revise the emergency relief manual of the 21 Federal Highway Administration— 22 ‘‘(A) to include and reflect the definition of 23 the term ‘resilience’ (as defined in section 24 101(a)); 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 190 •HR 3684 IH ‘‘(B) to identify procedures that States 1 may use to incorporate resilience into emer- 2 gency relief projects; and 3 ‘‘(C) to consider economically justified bet- 4 terments in emergency relief projects, such as— 5 ‘‘(i) protective features that increase 6 the resilience of the facility; and 7 ‘‘(ii) incorporation of context sensitive 8 design principles and other planned better- 9 ments that improve the safety of the facil- 10 ity; 11 ‘‘(2) consider transportation system access for 12 moderate and low-income families impacted by a 13 major disaster or emergency declared by the Presi- 14 dent under section 401 of the Robert T. Stafford 15 Disaster Relief and Emergency Assistance Act (42 16 U.S.C. 5170); 17 ‘‘(3) develop best practices for improving the 18 use of resilience in— 19 ‘‘(A) the emergency relief program under 20 this section; and 21 ‘‘(B) emergency relief efforts; 22 ‘‘(4) provide to division offices of the Federal 23 Highway Administration and State departments of 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 191 •HR 3684 IH transportation information on the best practices de- 1 veloped under paragraph (2); and 2 ‘‘(5) develop and implement a process to 3 track— 4 ‘‘(A) the consideration of resilience as part 5 of the emergency relief program under this sec- 6 tion; and 7 ‘‘(B) the costs of emergency relief projects. 8 ‘‘(j) DEFINITIONS.—In this section: 9 ‘‘(1) COMPARABLE FACILITY.—The term ‘com- 10 parable facility’ means a facility that meets the cur- 11 rent geometric and construction standards required 12 for the types and volume of traffic that the facility 13 will carry over its design life. 14 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con- 15 struction phase’ means the phase of physical con- 16 struction of a highway or bridge facility that is sepa- 17 rate from any other identified phases, such as plan- 18 ning, design, or right-of-way phases, in the State 19 transportation improvement program. 20 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term 21 ‘open to public travel’ means with respect to a road, 22 that, except during scheduled periods, extreme 23 weather conditions, or emergencies, the road— 24 ‘‘(A) is maintained; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 192 •HR 3684 IH ‘‘(B) is open to the general public; and 1 ‘‘(C) can accommodate travel by a stand- 2 ard passenger vehicle, without restrictive gates 3 or prohibitive signs or regulations, other than 4 for general traffic control or restrictions based 5 on size, weight, or class of registration. 6 ‘‘(4) STANDARD PASSENGER VEHICLE.—The 7 term ‘standard passenger vehicle’ means a vehicle 8 with 6 inches of clearance from the lowest point of 9 the frame, body, suspension, or differential to the 10 ground.’’. 11 (b) CONFORMING AMENDMENTS.— 12 (1) FEDERAL LANDS AND TRIBAL TRANSPOR- 13 TATION PROGRAMS.—Section 201(c)(8)(A) of title 14 23, United States Code, is amended by striking 15 ‘‘section 125(e)’’ and inserting ‘‘section 125(j)’’. 16 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec- 17 tion 202(b)(6)(A) of title 23, United States Code, is 18 amended by striking ‘‘section 125(e)’’ and inserting 19 ‘‘section 125(d)’’. 20 (c) REPEAL.—Section 668.105(h) of title 23, Code 21 of Federal Regulations, is repealed. 22 SEC. 1204. RAILWAY CROSSINGS. 23 (a) IN GENERAL.—Section 130 of title 23, United 24 States Code, is amended— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 193 •HR 3684 IH (1) in the section heading by striking ‘‘Rail- 1 way-highway crossings’’ and inserting ‘‘Rail- 2 way crossings’’; 3 (2) in subsection (a)— 4 (A) by striking ‘‘Subject to section 120 5 and subsection (b) of this section, the entire’’ 6 and inserting ‘‘IN GENERAL.—The’’; 7 (B) by striking ‘‘then the entire’’ and in- 8 serting ‘‘the’’; and 9 (C) by striking ‘‘, subject to section 120 10 and subsection (b) of this section,’’; 11 (3) by amending subsection (b) to read as fol- 12 lows: 13 ‘‘(b) CLASSIFICATION.— 14 ‘‘(1) IN GENERAL.—The construction of 15 projects for the elimination of hazards at railway 16 crossings represents a benefit to the railroad. The 17 Secretary shall classify the various types of projects 18 involved in the elimination of hazards of railway- 19 highway crossings, and shall set for each such classi- 20 fication a percentage of the total project cost that 21 represent the benefit to the railroad or railroads for 22 the purpose of determining the railroad’s share of 23 the total project cost. The Secretary shall determine 24 the appropriate classification of each project. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 194 •HR 3684 IH ‘‘(2) NONCASH CONTRIBUTIONS.— 1 ‘‘(A) IN GENERAL.—Not more than 5 per- 2 cent of the cost share described in paragraph 3 (1) may be attributable to noncash contribu- 4 tions of materials and labor furnished by the 5 railroad in connection with the construction of 6 such project. 7 ‘‘(B) REQUIREMENT.—The requirements 8 under section 200.306 and 200.403(g) of title 9 2, Code of Federal Regulations (or successor 10 regulations), shall apply to any noncash con- 11 tributions under this subsection. 12 ‘‘(3) TOTAL PROJECT COST.—For the purposes 13 of this subsection, the determination of the rail- 14 road’s share of the total project cost shall include 15 environment, design, right-of-way, utility accommo- 16 dation, and construction phases of the project.’’; 17 (4) in subsection (c)— 18 (A) by striking ‘‘Any railroad involved’’ 19 and inserting ‘‘BENEFIT.—Any railroad in- 20 volved’’; 21 (B) by striking ‘‘the net benefit’’ and in- 22 serting ‘‘the cost associated with the benefit’’; 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 195 •HR 3684 IH (C) by striking ‘‘Such payment may con- 1 sist in whole or in part of materials and labor 2 furnished by the railroad in connection with the 3 construction of such project.’’; 4 (5) by striking subsection (e) and inserting the 5 following: 6 ‘‘(e) RAILWAY CROSSINGS.— 7 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds appor- 8 tioned to a State under section 104(b)(7) may be ob- 9 ligated for the following: 10 ‘‘(A) The elimination of hazards at rail- 11 way-highway crossings, including technology or 12 protective upgrades. 13 ‘‘(B) Construction or installation of protec- 14 tive devices (including replacement of function- 15 ally obsolete protective devices) at railway-high- 16 way crossings. 17 ‘‘(C) Infrastructure and noninfrastructure 18 projects and strategies to prevent or reduce sui- 19 cide or trespasser fatalities and injuries along 20 railroad rights-of-way and at or near railway- 21 highway crossings. 22 ‘‘(D) Projects to mitigate any degradation 23 in the level of access from a highway-grade 24 crossing closure. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 196 •HR 3684 IH ‘‘(E) Bicycle and pedestrian railway grade 1 crossing improvements, including underpasses 2 and overpasses. 3 ‘‘(F) Projects eligible under section 4 22907(c)(5) of title 49, provided that amounts 5 obligated under this subparagraph— 6 ‘‘(i) shall be administered by the Sec- 7 retary in accordance with such section as 8 if such amounts were made available to 9 carry out such section; and 10 ‘‘(ii) may be used to pay up to 90 per- 11 cent of the non-Federal share of the cost 12 of a project carried out under such section. 13 ‘‘(2) SPECIAL RULE.—If a State demonstrates 14 to the satisfaction of the Secretary that the State 15 has met all its needs for installation of protective de- 16 vices at railway-highway crossings, the State may 17 use funds made available by this section for other 18 highway safety improvement program purposes.’’; 19 (6) by striking subsection (f) and inserting the 20 following: 21 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 22 120, the Federal share payable on account of any project 23 financed with funds made available to carry out subsection 24 (e) shall be up to 90 percent of the cost thereof.’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 197 •HR 3684 IH (7) by striking subsection (g) and inserting the 1 following: 2 ‘‘(g) REPORT.— 3 ‘‘(1) STATE REPORT.— 4 ‘‘(A) IN GENERAL.—Not later than 2 years 5 after the date of enactment of the INVEST in 6 America Act, and at least biennially thereafter, 7 each State shall submit to the Secretary a re- 8 port on the progress being made to implement 9 the railway crossings program authorized by 10 this section and the effectiveness of projects to 11 improve railway crossing safety. 12 ‘‘(B) CONTENTS.—Each State report 13 under subparagraph (A) shall contain an as- 14 sessment of the costs of the various treatments 15 employed and subsequent accident experience at 16 improved locations. 17 ‘‘(2) DEPARTMENTAL REPORT.— 18 ‘‘(A) IN GENERAL.—Not later than 180 19 days after the deadline for the submission of a 20 report under paragraph (1)(A), the Secretary 21 shall publish on the website of the Department 22 of Transportation a report on the progress 23 being made by the State in implementing 24 projects to improve railway crossings. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 198 •HR 3684 IH ‘‘(B) CONTENTS.—The report under sub- 1 paragraph (A) shall include— 2 ‘‘(i) the number of projects under- 3 taken; 4 ‘‘(ii) distribution of such projects by 5 cost range, road system, nature of treat- 6 ment, and subsequent accident experience 7 at improved locations; 8 ‘‘(iii) an analysis and evaluation of 9 each State program; 10 ‘‘(iv) the identification of any State 11 found not to be in compliance with the 12 schedule of improvements required by sub- 13 section (d); and 14 ‘‘(v) recommendations for future im- 15 plementation of the railway crossings pro- 16 gram.’’; 17 (8) in subsection (j)— 18 (A) in the heading by inserting ‘‘AND PE- 19 DESTRIAN’’ after ‘‘BICYCLE’’; and 20 (B) by inserting ‘‘and pedestrian’’ after 21 ‘‘bicycle’’; and 22 (9) in subsection (l)— 23 (A) in paragraph (1) by striking ‘‘Not 24 later than’’ and all that follows through ‘‘each 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 199 •HR 3684 IH State’’ and inserting ‘‘Not later than 6 months 1 after a new railway crossing becomes oper- 2 ational, each State’’; and 3 (B) in paragraph (2) by striking ‘‘On a 4 periodic’’ and all that follows through ‘‘every 5 year thereafter’’ and inserting ‘‘On or before 6 September 30 of each year’’. 7 (b) CLERICAL AMENDMENT.—The analysis for chap- 8 ter 1 of title 23, United States Code, is amended by 9 amending the item relating to section 130 to read as fol- 10 lows: 11 ‘‘130. Railway crossings.’’. (c) GAO STUDY.—Not later than 2 years after the 12 date of enactment of this Act, the Comptroller General 13 of the United States shall submit to Congress a report 14 that includes an analysis of the effectiveness of the railway 15 crossing program under section 130 of title 23, United 16 States Code. 17 (d) SENSE OF CONGRESS RELATING TO TRESPASSER 18 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 19 sense of Congress that the Department of Transportation 20 should, where feasible, coordinate departmental efforts to 21 prevent or reduce trespasser deaths along railroad rights- 22 of-way and at or near railway-highway crossings. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 200 •HR 3684 IH SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 1 (a) IN GENERAL.—Section 133 of title 23, United 2 States Code, is amended— 3 (1) in the heading by striking ‘‘block grant’’; 4 (2) in subsection (a) by striking ‘‘block grant’’; 5 (3) in subsection (b)— 6 (A) by striking ‘‘block grant’’; 7 (B) in paragraph (4) by striking ‘‘railway- 8 highway grade crossings’’ and inserting 9 ‘‘projects eligible under section 130 and instal- 10 lation of safety barriers and nets on bridges’’; 11 (C) in paragraph (6)— 12 (i) by striking ‘‘Recreational’’ and in- 13 serting ‘‘Transportation alternatives 14 projects eligible under subsection (h), rec- 15 reational’’; and 16 (ii) by striking ‘‘1404 of SAFETEA– 17 LU (23 U.S.C. 402 note)’’ and inserting 18 ‘‘211’’; 19 (D) in paragraph (12) by striking ‘‘travel’’ 20 and inserting ‘‘transportation’’; and 21 (E) by adding at the end the following: 22 ‘‘(16) Protective features (including natural in- 23 frastructure and vegetation control and clearance) to 24 enhance the resilience of a transportation facility 25 otherwise eligible for assistance under this section. 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 201 •HR 3684 IH ‘‘(17) Projects to reduce greenhouse gas emis- 1 sions eligible under section 171, including the instal- 2 lation of electric vehicle charging infrastructure. 3 ‘‘(18) Projects and strategies to reduce vehicle- 4 caused wildlife mortality related to, or to restore and 5 maintain connectivity among terrestrial or aquatic 6 habitats affected by, a transportation facility other- 7 wise eligible for assistance under this section. 8 ‘‘(19) A surface transportation project carried 9 out in accordance with the national travel and tour- 10 ism infrastructure strategic plan under section 11 1431(e) of the FAST Act (49 U.S.C. 301 note). 12 ‘‘(20) roads in rural areas that primarily serve 13 to transport agricultural products from a farm or 14 ranch to a marketplace. 15 ‘‘(21) The removal, retrofit, repurposing, reme- 16 diation, or replacement of a highway or other trans- 17 portation facility that creates a barrier to commu- 18 nity connectivity to improve access for multiple 19 modes of transportation.’’; 20 (4) in subsection (c)— 21 (A) by striking ‘‘block grant’’ and inserting 22 ‘‘program’’; 23 (B) by striking paragraph (3) and insert- 24 ing the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 202 •HR 3684 IH ‘‘(3) for a project described in— 1 ‘‘(A) subsection (h); or 2 ‘‘(B) section 101(a)(29), as in effect on 3 the day before the date of enactment of the 4 FAST Act;’’; 5 (C) by redesignating paragraph (4) as 6 paragraph (5); and 7 (D) by inserting after paragraph (3) the 8 following: 9 ‘‘(4) for a project described in section 5308 of 10 title 49; and’’; 11 (5) in subsection (d)— 12 (A) in paragraph (1)— 13 (i) by inserting ‘‘each fiscal year’’ 14 after ‘‘apportioned to a State’’; 15 (ii) by striking ‘‘the reservation of’’ 16 and inserting ‘‘setting aside’’; and 17 (iii) in subparagraph (A)— 18 (I) by striking ‘‘the percentage 19 specified in paragraph (6) for a fiscal 20 year’’ and inserting ‘‘57 percent for 21 fiscal year 2023, 58 percent for fiscal 22 year 2024, 59 percent for fiscal year 23 2025, and 60 percent for fiscal year 24 2026’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 203 •HR 3684 IH (II) in clause (i) by striking ‘‘of 1 over’’ and inserting ‘‘greater than’’; 2 and 3 (III) by striking clauses (ii) and 4 (iii) and inserting the following: 5 ‘‘(ii) in urbanized areas of the State 6 with an urbanized area population greater 7 than 49,999 and less than 200,001; 8 ‘‘(iii) in urban areas of the State with 9 a population greater than 4,999 and less 10 than 50,000; and 11 ‘‘(iv) in other areas of the State with 12 a population less than 5,000; and’’; 13 (B) by striking paragraph (3) and insert- 14 ing the following: 15 ‘‘(3) LOCAL COORDINATION AND CONSULTA- 16 TION.— 17 ‘‘(A) COORDINATION WITH METROPOLITAN 18 PLANNING ORGANIZATIONS.—For purposes of 19 paragraph (1)(A)(ii), a State shall— 20 ‘‘(i) establish a process to coordinate 21 with all metropolitan planning organiza- 22 tions in the State that represent an urban- 23 ized area described in such paragraph; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 204 •HR 3684 IH ‘‘(ii) describe how funds described 1 under paragraph (1)(A)(ii) will be allo- 2 cated equitably among such urbanized 3 areas during the period of fiscal years 4 2023 through 2026. 5 ‘‘(B) JOINT RESPONSIBILITY.—Each State 6 and the Secretary shall jointly ensure compli- 7 ance with subparagraph (A). 8 ‘‘(C) CONSULTATION WITH REGIONAL 9 TRANSPORTATION PLANNING ORGANIZA- 10 TIONS.—For purposes of clauses (iii) and (iv) 11 of paragraph (1)(A), before obligating funding 12 attributed to an area with a population less 13 than 50,000, a State shall consult with the re- 14 gional transportation planning organizations 15 that represent the area, if any.’’; 16 (C) in the heading for paragraph (4) by 17 striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT- 18 ER THAN 200,000’’; 19 (D) by striking paragraph (6) and insert- 20 ing the following: 21 ‘‘(6) TECHNICAL ASSISTANCE.— 22 ‘‘(A) IN GENERAL.—The State and all 23 metropolitan planning organizations in the 24 State that represent an urbanized area with a 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 205 •HR 3684 IH population of greater than 200,000 may jointly 1 establish a program to improve the ability of 2 applicants to deliver projects under this sub- 3 section in an efficient and expeditious manner 4 and reduce the period of time between the selec- 5 tion of the project and the obligation of funds 6 for the project by providing— 7 ‘‘(i) technical assistance and training 8 to applicants for projects under this sub- 9 section; and 10 ‘‘(ii) funding for one or more full-time 11 State, regional, or local government em- 12 ployee positions to administer this sub- 13 section. 14 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 15 paragraph, a State or metropolitan planning or- 16 ganization may use funds made available under 17 paragraphs (2) or (6) of section 104(b) 18 ‘‘(C) USE OF FUNDS.—Amounts used 19 under this paragraph may be expended— 20 ‘‘(i) directly by the State or metropoli- 21 tan planning organization; or 22 ‘‘(ii) through contracts with State 23 agencies, private entities, or nonprofit or- 24 ganizations.’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 206 •HR 3684 IH (6) in subsection (e)— 1 (A) in paragraph (1)— 2 (i) by striking ‘‘over 200,000’’ and in- 3 serting ‘‘greater than 200,000’’; and 4 (ii) by striking ‘‘2016 through 2020’’ 5 and inserting ‘‘2023 through 2026’’; and 6 (B) by adding at the end the following: 7 ‘‘(3) ANNUAL AMOUNTS.—To the extent prac- 8 ticable, each State shall annually notify each af- 9 fected metropolitan planning organization as to the 10 amount of obligation authority that will be made 11 available under paragraph (1) to each affected met- 12 ropolitan planning organization for the fiscal year.’’; 13 (7) by striking subsection (f) and inserting the 14 following: 15 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 16 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 17 this subsection, the term ‘off-system bridge’ means 18 a bridge located on a public road, other than a 19 bridge on a Federal-aid highway. 20 ‘‘(2) SPECIAL RULE.— 21 ‘‘(A) SET ASIDE.—Of the amounts appor- 22 tioned to a State for each fiscal year under this 23 section other than the amounts described in 24 subparagraph (C), the State shall obligate for 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 207 •HR 3684 IH activities described in subsection (b)(2) (as in 1 effect on the day before the date of enactment 2 of the FAST Act) for off-system bridges an 3 amount that is not less than 20 percent of the 4 amounts available to such State under this sec- 5 tion in fiscal year 2020, not including the 6 amounts described in subparagraph (C). 7 ‘‘(B) REDUCTION OF EXPENDITURES.— 8 The Secretary, after consultation with State 9 and local officials, may reduce the requirement 10 for expenditures for off-system bridges under 11 subparagraph (A) with respect to the State if 12 the Secretary determines that the State has in- 13 adequate needs to justify the expenditure. 14 ‘‘(C) LIMITATIONS.—The following 15 amounts shall not be used for the purposes of 16 meeting the requirements of subparagraph (A): 17 ‘‘(i) Amounts described in section 18 133(d)(1)(A). 19 ‘‘(ii) Amounts set aside under section 20 133(h). 21 ‘‘(iii) Amounts described in section 22 505(a). 23 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 24 AID HIGHWAYS.—Notwithstanding any other provi- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 208 •HR 3684 IH sion of law, with respect to any project not on a 1 Federal-aid highway for the replacement of a bridge 2 or rehabilitation of a bridge that is wholly funded 3 from State and local sources, is eligible for Federal 4 funds under this section, is certified by the State to 5 have been carried out in accordance with all stand- 6 ards applicable to such projects under this section, 7 and is determined by the Secretary upon completion 8 to be no longer a deficient bridge— 9 ‘‘(A) any amount expended after the date 10 of enactment of this subsection from State and 11 local sources for the project in excess of 20 per- 12 cent of the cost of construction of the project 13 may be credited to the non-Federal share of the 14 cost of other bridge projects in the State that 15 are eligible for Federal funds under this sec- 16 tion; and 17 ‘‘(B) that crediting shall be conducted in 18 accordance with procedures established by the 19 Secretary.’’; and 20 (8) in subsection (g)— 21 (A) in the heading by striking ‘‘5,000’’ and 22 inserting ‘‘50,000’’; and 23 (B) in paragraph (1) by striking ‘‘sub- 24 section (d)(1)(A)(ii)’’ and all that follows 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 209 •HR 3684 IH through the period at the end and inserting 1 ‘‘clauses (iii) and (iv) of subsection (d)(1)(A) 2 for each fiscal year may be obligated on roads 3 functionally classified as rural minor collectors 4 or local roads or on critical rural freight cor- 5 ridors designated under section 167(e).’’. 6 (b) CLERICAL AMENDMENT.—The analysis for chap- 7 ter 1 of title 23, United States Code, is amended by strik- 8 ing the item relating to section 133 and inserting the fol- 9 lowing: 10 ‘‘133. Surface transportation program.’’. (c) CONFORMING AMENDMENTS.— 11 (1) ADVANCE ACQUISITION OF REAL PROP- 12 ERTY.—Section 108(c) of title 23, United States 13 Code, is amended— 14 (A) in paragraph (2)(A) by striking ‘‘block 15 grant’’; and 16 (B) in paragraph (3) by striking ‘‘block 17 grant’’. 18 (2) PUBLIC TRANSPORTATION.—Section 19 142(e)(2) of title 23, United States Code, is amend- 20 ed by striking ‘‘block grant’’. 21 (3) HIGHWAY USE TAX EVASION PROJECTS.— 22 Section 143(b)(8) of title 23, United States Code, is 23 amended in the heading by striking ‘‘BLOCK 24 GRANT’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 210 •HR 3684 IH (4) CONGESTION MITIGATION AND AIR QUALITY 1 IMPROVEMENT PROGRAM.—Section 149(d) of title 2 23, United States Code, is amended— 3 (A) in paragraph (1)(B) by striking ‘‘block 4 grant’’; and 5 (B) in paragraph (2)(A) by striking ‘‘block 6 grant’’. 7 (5) TERRITORIAL AND PUERTO RICO HIGHWAY 8 PROGRAM.—Section 165 of title 23, United States 9 Code, is amended— 10 (A) in subsection (b)(2)(A)(ii) by striking 11 ‘‘block grant’’ each time such term appears; 12 and 13 (B) in subsection (c)(6)(A)(i) by striking 14 ‘‘block grant’’. 15 (6) MAGNETIC LEVITATION TRANSPORTATION 16 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 17 322(h)(3) of title 23, United States Code, is amend- 18 ed by striking ‘‘block grant’’. 19 (7) TRAINING AND EDUCATION.—Section 20 504(a)(4) of title 23, United States Code, is amend- 21 ed by striking ‘‘block grant’’. 22 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 23 Section 133(h) of title 23, United States Code, is 24 amended to read as follows: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 211 •HR 3684 IH ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM 1 SET-ASIDE.— 2 ‘‘(1) SET ASIDE.—For each fiscal year, of the 3 total funds apportioned to all States under section 4 104(b)(2) for a fiscal year, the Secretary shall set 5 aside an amount such that— 6 ‘‘(A) the Secretary sets aside a total 7 amount under this subsection for a fiscal year 8 equal to 10 percent of such total funds; and 9 ‘‘(B) the State’s share of the amount set 10 aside under subparagraph (A) is determined by 11 multiplying the amount set aside under sub- 12 paragraph (A) by the ratio that— 13 ‘‘(i) the amount apportioned to the 14 State for the transportation enhancement 15 program for fiscal year 2009 under section 16 133(d)(2), as in effect on the day before 17 the date of enactment of MAP–21; bears 18 to 19 ‘‘(ii) the total amount of funds appor- 20 tioned to all States for the transportation 21 enhancements program for fiscal year 22 2009. 23 ‘‘(2) ALLOCATION WITHIN A STATE.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 212 •HR 3684 IH ‘‘(A) IN GENERAL.—Except as provided in 1 subparagraph (B), funds set aside for a State 2 under paragraph (1) shall be obligated within 3 that State in the manner described in sub- 4 sections (d) and (e), except that, for purposes 5 of this paragraph (after funds are made avail- 6 able under paragraph (5))— 7 ‘‘(i) for each fiscal year, the percent- 8 age referred to in paragraph (1)(A) of sub- 9 section (d) shall be deemed to be 66 per- 10 cent; and 11 ‘‘(ii) paragraph (3) of subsection (d) 12 shall not apply. 13 ‘‘(B) LOCAL CONTROL.— 14 ‘‘(i) IN GENERAL.—A State may make 15 available up to 100 percent of the funds 16 set aside under paragraph (1) to the enti- 17 ties described in subclause (I) if the State 18 submits to the Secretary, and the Sec- 19 retary approves, a plan that describes— 20 ‘‘(I) how such funds shall be 21 made available to metropolitan plan- 22 ning organizations, regional transpor- 23 tation planning organizations, coun- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 213 •HR 3684 IH ties, or other regional transportation 1 authorities; 2 ‘‘(II) how the entities described 3 in subclause (I) shall select projects 4 for funding and how such entities 5 shall report selected projects to the 6 State; 7 ‘‘(III) the legal, financial, and 8 technical capacity of such entities; and 9 ‘‘(IV) the procedures in place to 10 ensure such entities comply with the 11 requirements of this title. 12 ‘‘(ii) REQUIREMENT.—A State that 13 makes funding available under a plan ap- 14 proved under this subparagraph shall make 15 available an equivalent amount of obliga- 16 tion authority to an entity described in 17 clause (i)(I) to whom funds are made 18 available under this subparagraph. 19 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 20 under this subsection may be obligated for any of 21 the following projects or activities: 22 ‘‘(A) Construction, planning, and design of 23 on-road and off-road trail facilities for pedes- 24 trians, bicyclists, and other nonmotorized forms 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 214 •HR 3684 IH of transportation, including sidewalks, bicycle 1 infrastructure, pedestrian and bicycle signals, 2 traffic calming techniques, lighting and other 3 safety-related infrastructure, and transportation 4 projects to achieve compliance with the Ameri- 5 cans with Disabilities Act of 1990 (42 U.S.C. 6 12101 et seq.). 7 ‘‘(B) Construction, planning, and design of 8 infrastructure-related projects and systems that 9 will provide safe routes for nondrivers, includ- 10 ing children, older adults, and individuals with 11 disabilities to access daily needs. 12 ‘‘(C) Conversion and use of abandoned 13 railroad corridors for trails for pedestrians, 14 bicyclists, or other nonmotorized transportation 15 users. 16 ‘‘(D) Construction of turnouts, overlooks, 17 and viewing areas. 18 ‘‘(E) Community improvement activities, 19 including— 20 ‘‘(i) inventory, control, or removal of 21 outdoor advertising; 22 ‘‘(ii) historic preservation and reha- 23 bilitation of historic transportation facili- 24 ties; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 215 •HR 3684 IH ‘‘(iii) vegetation management prac- 1 tices in transportation rights-of-way to im- 2 prove roadway safety, prevent against 3 invasive species, facilitate wildfire control, 4 and provide erosion control; and 5 ‘‘(iv) archaeological activities relating 6 to impacts from implementation of a trans- 7 portation project eligible under this title. 8 ‘‘(F) Any environmental mitigation activ- 9 ity, including pollution prevention and pollution 10 abatement activities and mitigation to address 11 stormwater management, control, and water 12 pollution prevention or abatement related to 13 highway construction or due to highway runoff, 14 including activities described in sections 328(a) 15 and 329. 16 ‘‘(G) Projects and strategies to reduce ve- 17 hicle-caused wildlife mortality related to, or to 18 restore and maintain connectivity among terres- 19 trial or aquatic habitats affected by, a transpor- 20 tation facility otherwise eligible for assistance 21 under this subsection. 22 ‘‘(H) The recreational trails program 23 under section 206. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 216 •HR 3684 IH ‘‘(I) The safe routes to school program 1 under section 211. 2 ‘‘(J) Activities in furtherance of a vulner- 3 able road user assessment described in section 4 148. 5 ‘‘(K) Any other projects or activities de- 6 scribed in section 101(a)(29) or section 213, as 7 such sections were in effect on the day before 8 the date of enactment of the FAST Act (Public 9 Law 114–94). 10 ‘‘(4) ACCESS TO FUNDS.— 11 ‘‘(A) IN GENERAL.—A State, metropolitan 12 planning organization required to obligate funds 13 in accordance with paragraph (2)(A), or an en- 14 tity required to obligate funds in accordance 15 with paragraph (2)(B) shall develop a competi- 16 tive process to allow eligible entities to submit 17 projects for funding that achieve the objectives 18 of this subsection. A metropolitan planning or- 19 ganization for an area described in subsection 20 (d)(1)(A)(i) shall select projects under such 21 process in consultation with the relevant State. 22 ‘‘(B) PRIORITY.—The processes described 23 in subparagraph (A) shall prioritize project lo- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 217 •HR 3684 IH cation and impact in low-income, transit-de- 1 pendent, or other high-need areas. 2 ‘‘(C) ELIGIBLE ENTITY DEFINED.—In this 3 paragraph, the term ‘eligible entity’ means— 4 ‘‘(i) a local government, including a 5 county or multi-county special district; 6 ‘‘(ii) a regional transportation author- 7 ity; 8 ‘‘(iii) a transit agency; 9 ‘‘(iv) a natural resource or public land 10 agency; 11 ‘‘(v) a school district, local education 12 agency, or school; 13 ‘‘(vi) a tribal government; 14 ‘‘(vii) a metropolitan planning organi- 15 zation that serves an urbanized area with 16 a population of 200,000 or fewer; 17 ‘‘(viii) a nonprofit organization car- 18 rying out activities related to transpor- 19 tation; 20 ‘‘(ix) any other local or regional gov- 21 ernmental entity with responsibility for or 22 oversight of transportation or recreational 23 trails (other than a metropolitan planning 24 organization that serves an urbanized area 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 218 •HR 3684 IH with a population of over 200,000 or a 1 State agency) that the State determines to 2 be eligible, consistent with the goals of this 3 subsection; and 4 ‘‘(x) a State, at the request of any en- 5 tity listed in clauses (i) through (ix). 6 ‘‘(5) CONTINUATION OF CERTAIN REC- 7 REATIONAL TRAILS PROJECTS.— 8 ‘‘(A) IN GENERAL.—For each fiscal year, a 9 State shall— 10 ‘‘(i) obligate an amount of funds set 11 aside under this subsection equal to 175 12 percent of the amount of the funds appor- 13 tioned to the State for fiscal year 2009 14 under section 104(h)(2), as in effect on the 15 day before the date of enactment of MAP– 16 21, for projects relating to recreational 17 trails under section 206; 18 ‘‘(ii) return 1 percent of the funds de- 19 scribed in clause (i) to the Secretary for 20 the administration of such program; and 21 ‘‘(iii) comply with the provisions of 22 the administration of the recreational trails 23 program under section 206, including the 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 219 •HR 3684 IH use of apportioned funds described in sub- 1 section (d)(3)(A) of such section. 2 ‘‘(B) STATE FLEXIBILITY.—A State may 3 opt out of the recreational trails program under 4 this paragraph if the Governor of the State no- 5 tifies the Secretary not later than 30 days prior 6 to the date on which an apportionment is made 7 under section 104 for any fiscal year. 8 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI- 9 CIENCY.— 10 ‘‘(A) IN GENERAL.—A State may use an 11 amount equal to not more than 5 percent of the 12 funds set aside for the State under this sub- 13 section, after allocating funds in accordance 14 with paragraph (2)(A), to improve the ability of 15 applicants to access funding for projects under 16 this subsection in an efficient and expeditious 17 manner by providing— 18 ‘‘(i) to applicants for projects under 19 this subsection application assistance, tech- 20 nical assistance, and assistance in reducing 21 the period of time between the selection of 22 the project and the obligation of funds for 23 the project; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 220 •HR 3684 IH ‘‘(ii) funding for one or more full-time 1 State employee positions to administer this 2 subsection. 3 ‘‘(B) USE OF FUNDS.—Amounts used 4 under subparagraph (A) may be expended— 5 ‘‘(i) directly by the State; or 6 ‘‘(ii) through contracts with State 7 agencies, private entities, or nonprofit enti- 8 ties. 9 ‘‘(C) IMPROVING PROJECT DELIVERY.— 10 ‘‘(i) IN GENERAL.—The Secretary 11 shall take such action as may be necessary, 12 consistent with Federal requirements, to 13 facilitate efficient and timely delivery of 14 projects under this subsection that are 15 small, low impact, and constructed within 16 an existing built environment. 17 ‘‘(ii) CONSIDERATIONS.—The Sec- 18 retary shall consider the use of pro- 19 grammatic agreements, expedited or alter- 20 native procurement processes (including 21 project bundling), and other effective prac- 22 tices to facilitate the goals of this para- 23 graph. 24 ‘‘(7) FEDERAL SHARE.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 221 •HR 3684 IH ‘‘(A) FLEXIBLE MATCH.— 1 ‘‘(i) IN GENERAL.—Notwithstanding 2 section 120— 3 ‘‘(I) the non-Federal share for a 4 project under this subsection may be 5 calculated on a project, multiple- 6 project, or program basis; and 7 ‘‘(II) the Federal share of the 8 cost of an individual project in this 9 subsection may be up to 100 percent. 10 ‘‘(ii) AGGREGATE NON-FEDERAL 11 SHARE.—The average annual non-Federal 12 share of the total cost of all projects for 13 which funds are obligated under this sub- 14 section in a State for a fiscal year shall be 15 not less than the non-Federal share au- 16 thorized for the State under section 120. 17 ‘‘(iii) REQUIREMENT.—This subpara- 18 graph shall only apply to a State if such 19 State has adequate financial controls, as 20 certified by the Secretary, to account for 21 the average annual non-Federal share 22 under this subparagraph. 23 ‘‘(B) SAFETY PROJECTS.—Notwith- 24 standing section 120, funds made available to 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 222 •HR 3684 IH carry out section 148 may be credited toward 1 the non-Federal share of the costs of a project 2 under this subsection if the project— 3 ‘‘(i) is a project described in section 4 148(e)(1); and 5 ‘‘(ii) is consistent with the State stra- 6 tegic highway safety plan (as defined in 7 section 148(a)). 8 ‘‘(8) FLEXIBILITY.— 9 ‘‘(A) STATE AUTHORITY.— 10 ‘‘(i) IN GENERAL.—A State may use 11 not more than 50 percent of the funds set 12 aside under this subsection that are avail- 13 able for obligation in any area of the State 14 (suballocated consistent with the require- 15 ments of subsection (d)(1)(B)) for any 16 purpose eligible under subsection (b). 17 ‘‘(ii) RESTRICTION.—Funds may be 18 used as described in clause (i) only if the 19 State demonstrates to the Secretary— 20 ‘‘(I) that the State held a com- 21 petition in compliance with the re- 22 quirements of this subsection in such 23 form as the Secretary determines ap- 24 propriate; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 223 •HR 3684 IH ‘‘(II) that the State offered tech- 1 nical assistance to all eligible entities 2 and provided such assistance upon re- 3 quest by an eligible entity; and 4 ‘‘(III) that there were not suffi- 5 cient suitable applications from eligi- 6 ble entities to use the funds described 7 in clause (i). 8 ‘‘(B) MPO AUTHORITY.— 9 ‘‘(i) IN GENERAL.—A metropolitan 10 planning organization that represents an 11 urbanized area with a population of great- 12 er than 200,000 may use not more than 13 50 percent of the funds set aside under 14 this subsection for an urbanized area de- 15 scribed in subsection (d)(1)(A)(i) for any 16 purpose eligible under subsection (b). 17 ‘‘(ii) RESTRICTION.—Funds may be 18 used as described in clause (i) only if the 19 Secretary certifies that the metropolitan 20 planning organization— 21 ‘‘(I) held a competition in compli- 22 ance with the requirements of this 23 subsection in such form as the Sec- 24 retary determines appropriate; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 224 •HR 3684 IH ‘‘(II) demonstrates that there 1 were not sufficient suitable applica- 2 tions from eligible entities to use the 3 funds described in clause (i). 4 ‘‘(9) ANNUAL REPORTS.— 5 ‘‘(A) IN GENERAL.—Each State or metro- 6 politan planning organization responsible for 7 carrying out the requirements of this subsection 8 shall submit to the Secretary an annual report 9 that describes— 10 ‘‘(i) the number of project applica- 11 tions received for each fiscal year, includ- 12 ing— 13 ‘‘(I) the aggregate cost of the 14 projects for which applications are re- 15 ceived; and 16 ‘‘(II) the types of projects by eli- 17 gibility category to be carried out, ex- 18 pressed as percentages of the total ap- 19 portionment of the State under this 20 subsection; and 21 ‘‘(ii) the list of each project selected 22 for funding for each fiscal year, including 23 specifying the fiscal year for which the 24 project was selected, the fiscal year in 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 225 •HR 3684 IH which the project is anticipated to be fund- 1 ed, the recipient, the funding sources (in- 2 cluding non-Federal match), the project 3 status, the specific location, the congres- 4 sional district, the type by eligibility cat- 5 egory, and a brief description. 6 ‘‘(B) PUBLIC AVAILABILITY.—The Sec- 7 retary shall make available to the public, in a 8 user-friendly format on the website of the De- 9 partment of Transportation, a copy of each an- 10 nual report submitted under subparagraph 11 (A).’’. 12 SEC. 1207. BRIDGE INVESTMENT. 13 (a) IN GENERAL.—Section 144 of title 23, United 14 States Code, is amended— 15 (1) in the section heading by striking ‘‘Na- 16 tional bridge and tunnel inventory and 17 inspection standards’’ and inserting 18 ‘‘Bridges and tunnels’’; 19 (2) in subsection (a)(1)(B) by striking ‘‘defi- 20 cient’’; 21 (3) in subsection (b)(5) by striking ‘‘struc- 22 turally deficient bridge’’ and inserting ‘‘bridge classi- 23 fied as in poor condition’’; 24 (4) in subsection (d)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 226 •HR 3684 IH (A) in paragraph (2) by striking ‘‘Not 1 later than 2 years after the date of enactment 2 of the MAP–21, each’’ and inserting ‘‘Each’’; 3 and 4 (B) by striking paragraph (4); 5 (5) in subsection (j)— 6 (A) in paragraph (2) by inserting ‘‘, 124,’’ 7 after ‘‘section 119’’; 8 (B) in paragraph (3)(A) by inserting ‘‘, 9 124,’’ after ‘‘section 119’’; and 10 (C) in paragraph (5) by striking ‘‘financial 11 characteristics’’ and all that follows through the 12 end and inserting ‘‘Federal share.’’; and 13 (6) by adding at the end the following: 14 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA- 15 BILITATION.— 16 ‘‘(1) GOALS.—The goals of this subsection shall 17 be to— 18 ‘‘(A) support the achievement of a state of 19 good repair for the Nation’s bridges; 20 ‘‘(B) improve the safety, efficiency, and re- 21 liability of the movement of people and freight 22 over bridges; and 23 ‘‘(C) improve the condition of bridges in 24 the United States by reducing— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 227 •HR 3684 IH ‘‘(i) the number of bridges— 1 ‘‘(I) in poor condition; or 2 ‘‘(II) in fair condition and at risk 3 of falling into poor condition; 4 ‘‘(ii) the total person miles traveled 5 over bridges— 6 ‘‘(I) in poor condition; or 7 ‘‘(II) in fair condition and at risk 8 of falling into poor condition; 9 ‘‘(iii) the number of bridges that— 10 ‘‘(I) do not meet current geo- 11 metric design standards; or 12 ‘‘(II) cannot meet the load and 13 traffic requirements typical of the re- 14 gional transportation network; and 15 ‘‘(iv) the total person miles traveled 16 over bridges that— 17 ‘‘(I) do not meet current geo- 18 metric design standards; or 19 ‘‘(II) cannot meet the load and 20 traffic requirements typical of the re- 21 gional transportation network. 22 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 23 ‘‘(A) MINIMUM BRIDGE INVESTMENT.— 24 Excluding the amounts described in subpara- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 228 •HR 3684 IH graph (C), of the total funds apportioned to a 1 State under paragraphs (1) and (2) of section 2 104(b) for fiscal years 2023 to 2026, a State 3 shall obligate not less than 20 percent for 4 projects described in subparagraph (E). 5 ‘‘(B) PROGRAM FLEXIBILITY.—A State re- 6 quired to obligate funds under subparagraph 7 (A) may use any combination of funds appor- 8 tioned to a State under paragraphs (1) and (2) 9 of section 104(b). 10 ‘‘(C) LIMITATION.—Amounts described 11 below may not be used for the purposes of cal- 12 culating or meeting the minimum bridge invest- 13 ment requirement under subparagraph (A)— 14 ‘‘(i) amounts described in section 15 133(d)(1)(A); 16 ‘‘(ii) amounts set aside under section 17 133(h); and 18 ‘‘(iii) amounts described in section 19 505(a). 20 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 21 in this section shall be construed to prohibit the 22 expenditure of funds described in subparagraph 23 (C) for bridge projects eligible under such sec- 24 tion. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 229 •HR 3684 IH ‘‘(E) ELIGIBLE PROJECTS.—Funds re- 1 quired to be obligated in accordance with para- 2 graph (2)(A) may be obligated for projects or 3 activities that— 4 ‘‘(i) are otherwise eligible under either 5 section 119 or section 133, as applicable; 6 ‘‘(ii) support the achievement of per- 7 formance targets of the State established 8 under section 150, are consistent with the 9 transportation asset management plan of 10 the State, or provide support for the condi- 11 tion and performance of bridges on public 12 roads within the State; and 13 ‘‘(iii) remove, replace, reconstruct, re- 14 habilitate, preserve, or protect a bridge in- 15 cluded on the national bridge inventory au- 16 thorized by subsection (b), including 17 through— 18 ‘‘(I) seismic retrofits; 19 ‘‘(II) systematic preventive main- 20 tenance; 21 ‘‘(III) installation of scour coun- 22 termeasures; 23 ‘‘(IV) the use of innovative mate- 24 rials that extend the service life of the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 230 •HR 3684 IH bridge and reduce preservation costs, 1 as compared to conventionally de- 2 signed and constructed bridges; 3 ‘‘(V) the use of nontraditional 4 production techniques, including fac- 5 tory prefabrication; 6 ‘‘(VI) painting for purposes of 7 bridge protection; 8 ‘‘(VII) application of calcium 9 magnesium acetate, sodium acetate/ 10 formate, or other environmentally ac- 11 ceptable, minimally corrosive anti- 12 icing and deicing compositions; 13 ‘‘(VIII) corrosion control; 14 ‘‘(IX) construction of protective 15 features (including natural infrastruc- 16 ture) alone or in combination with 17 other activities eligible under this 18 paragraph to enhance resilience of a 19 bridge; 20 ‘‘(X) bridge security counter- 21 measures; 22 ‘‘(XI) impact protection meas- 23 ures for bridges; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 231 •HR 3684 IH ‘‘(XII) inspection and evaluation 1 of bridges; 2 ‘‘(XIII) training for bridge in- 3 spectors consistent with subsection (i); 4 and 5 ‘‘(XIV) removal of a bridge clas- 6 sified as in poor condition in order to 7 improve community connectivity. 8 ‘‘(F) BUNDLES OF PROJECTS.—A State 9 may use a bundle of projects as described in 10 subsection (j) to satisfy the requirements of 11 subparagraph (A), if each project in the bundle 12 is otherwise eligible under subparagraph (E). 13 ‘‘(G) FLEXIBILITY.—The Secretary may, 14 at the request of a State, reduce the required 15 obligation under subparagraph (A) if— 16 ‘‘(i) the reduction is consistent with a 17 State’s asset management plan for the Na- 18 tional Highway System; 19 ‘‘(ii) the reduction will not limit a 20 State’s ability to meet its performance tar- 21 gets under section 150 or to improve the 22 condition and performance of bridges on 23 public roads within the State; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 232 •HR 3684 IH ‘‘(iii) the State demonstrates that it 1 has inadequate needs to justify the expend- 2 iture. 3 ‘‘(H) BRIDGE INVESTMENT REPORT.—The 4 Secretary shall annually publish on the website 5 of the Department of Transportation a bridge 6 investment report that includes— 7 ‘‘(i) the total Federal funding obli- 8 gated for bridge projects in the most re- 9 cent fiscal year, on a State-by-State basis 10 and broken out by Federal program; 11 ‘‘(ii) the total Federal funding obli- 12 gated, on a State-by-State basis and bro- 13 ken out by Federal program, for bridge 14 projects carried out pursuant to the min- 15 imum bridge investment requirements 16 under subparagraph (A); 17 ‘‘(iii) the progress made by each State 18 toward meeting the minimum bridge in- 19 vestment requirement under subparagraph 20 (A) for such State, both cumulatively and 21 for the most recent fiscal year; 22 ‘‘(iv) a summary of— 23 ‘‘(I) each request made under 24 subparagraph (G) by a State for a re- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 233 •HR 3684 IH duction in the minimum bridge invest- 1 ment requirement under subpara- 2 graph (A); and 3 ‘‘(II) for each request described 4 in subclause (I) that is granted by the 5 Secretary— 6 ‘‘(aa) the percentage and 7 dollar amount of the reduction; 8 and 9 ‘‘(bb) an explanation of how 10 the State met each of the criteria 11 described in subparagraph (G); 12 and 13 ‘‘(v) a summary of— 14 ‘‘(I) each request made by a 15 State for a reduction in the obligation 16 requirements under section 133(f); 17 and 18 ‘‘(II) for each request that is 19 granted by the Secretary— 20 ‘‘(aa) the percentage and 21 dollar amount of the reduction; 22 and 23 ‘‘(bb) an explanation of how 24 the Secretary made the deter- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 234 •HR 3684 IH mination under section 1 133(f)(2)(B). 2 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may 3 apply amounts obligated under this subsection 4 or section 133(f)(2)(A) to the obligation re- 5 quirements of both this subsection and section 6 133(f). 7 ‘‘(J) NHS PENALTY.—A State may apply 8 amounts obligated under this subsection or sec- 9 tion 119(f)(2) to the obligation requirements of 10 both this subsection and section 119(f)(2). 11 ‘‘(K) COMPLIANCE.—If a State fails to 12 satisfy the requirements of subparagraph (A) 13 by the end of fiscal year 2025, the Secretary 14 may subject the State to appropriate program 15 sanctions under section 1.36 of title 23, Code of 16 Federal Regulations (or successor regula- 17 tions).’’. 18 (b) CLERICAL AMENDMENT.—The analysis for chap- 19 ter 1 of title 23, United States Code, is amended by strik- 20 ing the item relating to section 144 and inserting the fol- 21 lowing: 22 ‘‘144. Bridges and tunnels.’’. VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6211 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 235 •HR 3684 IH SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 1 TERMINAL FACILITIES. 2 Section 147 of title 23, United States Code, is 3 amended— 4 (1) by striking subsection (h); and 5 (2) by redesignating subsections (i) and (j) as 6 subsections (h) and (i), respectively. 7 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 8 (a) IN GENERAL.—Section 148 of title 23, United 9 States Code, is amended— 10 (1) in subsection (a)— 11 (A) in paragraph (4)(B)— 12 (i) by striking ‘‘only includes a 13 project’’ and inserting ‘‘includes a 14 project’’; 15 (ii) in clause (xiii) by inserting ‘‘, in- 16 cluding the development of a vulnerable 17 road user safety assessment or a vision 18 zero plan under section 1601 of the IN- 19 VEST in America Act’’ after ‘‘safety plan- 20 ning’’; 21 (iii) by amending clause (xviii) to read 22 as follows: 23 ‘‘(xviii) Safe routes to school infra- 24 structure-related projects eligible under 25 section 211.’’; 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 236 •HR 3684 IH (iv) in clause (xxvi) by inserting ‘‘or 1 leading pedestrian intervals’’ after ‘‘hybrid 2 beacons’’; and 3 (v) by striking clause (xxviii) and in- 4 serting the following: 5 ‘‘(xxviii) A pedestrian security feature 6 designed to slow or stop a motor vehicle. 7 ‘‘(xxix) Installation of infrastructure 8 improvements, including sidewalks, cross- 9 walks, signage, and bus stop shelters or 10 protected waiting areas.’’; 11 (B) in paragraph (11)— 12 (i) in subparagraph (A)— 13 (I) in clause (ix) by striking 14 ‘‘and’’ at the end; 15 (II) by redesignating clause (x) 16 as clause (xi); and 17 (III) by inserting after clause (ix) 18 the following: 19 ‘‘(x) State or local representatives of 20 educational agencies to address safe routes 21 to school and schoolbus safety; and’’; 22 (ii) in subparagraph (E) by inserting 23 ‘‘Tribal,’’ after ‘‘State,’’; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 237 •HR 3684 IH (iii) by redesignating subparagraphs 1 (G), (H), and (I) as subparagraphs (H), 2 (I), and (J), respectively; and 3 (iv) by inserting after subparagraph 4 (F) the following: 5 ‘‘(G) includes a vulnerable road user safety 6 assessment described under paragraph (16);’’; 7 (C) by redesignating paragraphs (10), 8 (11), and (12) as paragraphs (12), (13), and 9 (14), respectively; 10 (D) by inserting after paragraph (9) the 11 following: 12 ‘‘(10) SAFE SYSTEM APPROACH.—The term 13 ‘safe system approach’ means a roadway design that 14 emphasizes minimizing the risk of injury or fatality 15 to road users and that— 16 ‘‘(A) takes into consideration the possi- 17 bility and likelihood of human error; 18 ‘‘(B) accommodates human injury toler- 19 ance by taking into consideration likely crash 20 types, resulting impact forces, and the human 21 body’s ability to withstand such forces; and 22 ‘‘(C) takes into consideration vulnerable 23 road users. 24 ‘‘(11) SPECIFIED SAFETY PROJECT.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 238 •HR 3684 IH ‘‘(A) IN GENERAL.—The term ‘specified 1 safety project’ means a project carried out for 2 the purpose of safety under any other section of 3 this title that is consistent with the State stra- 4 tegic highway safety plan. 5 ‘‘(B) INCLUSION.—The term ‘specified 6 safety project’ includes a project that— 7 ‘‘(i) promotes public awareness and 8 informs the public regarding highway safe- 9 ty matters (including safety for motorcy- 10 clists, bicyclists, pedestrians, individuals 11 with disabilities, and other road users); 12 ‘‘(ii) facilitates enforcement of traffic 13 safety laws; 14 ‘‘(iii) provides infrastructure and in- 15 frastructure-related equipment to support 16 emergency services; 17 ‘‘(iv) conducts safety-related research 18 to evaluate experimental safety counter- 19 measures or equipment; or 20 ‘‘(v) supports safe routes to school 21 noninfrastructure-related activities de- 22 scribed under section 211(e)(2).’’; and 23 (E) by adding at the end the following: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 239 •HR 3684 IH ‘‘(15) TRANSPORTATION MANAGEMENT AREA.— 1 The term ‘transportation management area’ means 2 an area designated under section 134(k). 3 ‘‘(16) VULNERABLE ROAD USER.—The term 4 ‘vulnerable road user’ means a nonmotorist— 5 ‘‘(A) with a fatality analysis reporting sys- 6 tem person attribute code that is included in 7 the definition of the term ‘number of non-mo- 8 torized fatalities’ in section 490.205 of title 23, 9 Code of Federal Regulations (or successor regu- 10 lation); or 11 ‘‘(B) described in the term ‘number of 12 non-motorized serious injuries’ in such section. 13 ‘‘(17) VULNERABLE ROAD USER SAFETY AS- 14 SESSMENT.—The term ‘vulnerable road user safety 15 assessment’ means an assessment of the safety per- 16 formance of the State or a metropolitan planning or- 17 ganization within the State with respect to vulner- 18 able road users and the plan of the State or metro- 19 politan planning organization to improve the safety 20 of vulnerable road users described in subsection 21 (l).’’; 22 (2) in subsection (c)— 23 (A) in paragraph (1) by striking ‘‘(a)(11)’’ 24 and inserting ‘‘(a)(13)’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 240 •HR 3684 IH (B) in paragraph (2)— 1 (i) in subparagraph (A)(vi) by insert- 2 ing ‘‘, consistent with the vulnerable road 3 user safety assessment’’ after ‘‘non- 4 motorized crashes’’; 5 (ii) in subparagraph (B)(i)— 6 (I) by inserting ‘‘, consistent with 7 a safe system approach,’’ after ‘‘iden- 8 tify’’; 9 (II) by inserting ‘‘excessive de- 10 sign speeds and speed limits,’’ after 11 ‘‘crossing needs,’’; and 12 (III) by striking ‘‘motorists (in- 13 cluding motorcyclists), bicyclists, pe- 14 destrians, and other highway users’’ 15 and inserting ‘‘road users’’; and 16 (iii) in subparagraph (D)(iii) by strik- 17 ing ‘‘motorists (including motorcyclists), 18 bicyclists, pedestrians, persons with disabil- 19 ities, and other highway users’’ and insert- 20 ing ‘‘road users’’; 21 (3) in subsection (d)— 22 (A) in paragraph (1)— 23 (i) in subparagraph (A) by striking 24 ‘‘Not later than 1 year after the date of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 241 •HR 3684 IH enactment of the MAP–21, the’’ and in- 1 serting ‘‘The’’; and 2 (ii) in subparagraph (B)— 3 (I) in clause (iv) by inserting 4 ‘‘and serious injury’’ after ‘‘fatality’’; 5 (II) in clause (vii) by striking ‘‘; 6 and’’ and inserting a semicolon; 7 (III) by redesignating clause 8 (viii) as clause (ix); and 9 (IV) by inserting after clause 10 (vii) the following: 11 ‘‘(viii) the findings of a vulnerable 12 road user safety assessment of the State; 13 and’’; and 14 (B) in paragraph (2)(B)(i) by striking 15 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection 16 (a)(13)’’; 17 (4) in subsection (e)— 18 (A) in paragraph (1)(C) by striking ‘‘, 19 without regard to whether the project is in- 20 cluded in an applicable State strategic highway 21 safety plan’’; and 22 (B) by adding at the end the following: 23 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE- 24 TY PROJECTS.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 242 •HR 3684 IH ‘‘(A) IN GENERAL.—To advance the imple- 1 mentation of a State strategic highway safety 2 plan, a State may use not more than 10 percent 3 of the amounts apportioned to the State under 4 section 104(b)(3) for a fiscal year to carry out 5 specified safety projects. 6 ‘‘(B) RULE OF STATUTORY CONSTRUC- 7 TION.—Nothing in this paragraph shall be con- 8 strued to require a State to revise any State 9 process, plan, or program in effect on the date 10 of enactment of this paragraph. 11 ‘‘(C) EFFECT OF PARAGRAPH.— 12 ‘‘(i) REQUIREMENTS.—A project 13 funded under this paragraph shall be sub- 14 ject to all requirements under this section 15 that apply to a highway safety improve- 16 ment project. 17 ‘‘(ii) OTHER APPORTIONED PRO- 18 GRAMS.—Subparagraph (A) shall not apply 19 to amounts that may be obligated for non- 20 infrastructure projects apportioned under 21 any other paragraph of section 104(b).’’; 22 (5) in subsection (g)— 23 (A) by amending paragraph (1) to read as 24 follows: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 243 •HR 3684 IH ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 1 ‘‘(A) IN GENERAL.—If the Secretary deter- 2 mines that the fatality rate on rural roads in a 3 State for the most recent 2-year period for 4 which data are available exceeds the median fa- 5 tality rate for rural roads among all States, 6 such State shall be required to— 7 ‘‘(i) obligate over the 2 fiscal years 8 following the fiscal year in which such de- 9 termination is made for projects on high- 10 risk rural roads an amount not less than 11 7.5 percent of the amounts apportioned to 12 the State under section 104(b)(3) for fiscal 13 year 2020; and 14 ‘‘(ii) include, in the subsequent update 15 to the State strategic highway safety plan, 16 strategies to reduce the fatality rate. 17 ‘‘(B) SOURCE OF FUNDS.—Any amounts 18 obligated under subparagraph (A) shall be from 19 amounts described under section 133(d)(1)(B). 20 ‘‘(C) ANNUAL DETERMINATION.—The de- 21 termination described under subparagraph (A) 22 shall be made on an annual basis. 23 ‘‘(D) CONSULTATION.—In carrying out a 24 project with an amount obligated under sub- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 244 •HR 3684 IH paragraph (A), a State shall consult with, as 1 applicable, local governments, metropolitan 2 planning organizations, and regional transpor- 3 tation planning organizations.’’; 4 (B) in paragraph (2)— 5 (i) in the heading by striking ‘‘DRIV- 6 ERS’’ and inserting ‘‘ROAD USERS’’; 7 (ii) by striking ‘‘drivers and pedes- 8 trians’’ and inserting ‘‘road users’’; and 9 (iii) by striking ‘‘address the increases 10 in’’ and inserting ‘‘reduce’’; and 11 (C) by adding at the end the following: 12 ‘‘(3) VULNERABLE ROAD USER SAFETY.— 13 ‘‘(A) HIGH RISK STATES.— 14 ‘‘(i) ANNUAL DETERMINATION.—Be- 15 ginning on the date of enactment of the 16 INVEST in America Act, the Secretary 17 shall determine on an annual basis whether 18 the number of vulnerable road user fatali- 19 ties and serious injuries per capita in a 20 State over the most recent 2-year period 21 for which data are available exceeds the 22 median number fatalities in all such areas 23 over such 2-year period. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 245 •HR 3684 IH ‘‘(ii) OBLIGATION REQUIREMENT.—If 1 the Secretary determines that the number 2 of vulnerable road user fatalities and seri- 3 ous injuries per capita in a State over the 4 most recent 2-year period for which data 5 are available exceeds the median number of 6 such fatalities and serious injuries per cap- 7 ita over such 2-year period among all 8 States, that State shall be required to obli- 9 gate over the 2 fiscal years following the 10 fiscal year in which such determination is 11 made an amount that is not less than 50 12 percent of the amount set aside in such 13 State under section 133(h)(1) for fiscal 14 year 2020 (less any amounts obligated for 15 projects in that State as required by sub- 16 paragraph (B)(ii)) for— 17 ‘‘(I) in the first two fiscal years 18 after the enactment of the INVEST 19 in America Act— 20 ‘‘(aa) performing the vulner- 21 able road user safety assessment 22 as required by subsection (l); 23 ‘‘(bb) providing matching 24 funds for transportation alter- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 246 •HR 3684 IH natives safety projects as identi- 1 fied in section 133(h)(7)(B); or 2 ‘‘(cc) projects eligible under 3 subparagraphs (A), (B), (C), or 4 (I) of section 133(h); and 5 ‘‘(II) in each 2-year period there- 6 after, projects identified in the pro- 7 gram of projects described in sub- 8 section (l)(2)(C). 9 ‘‘(B) HIGH RISK AREAS.— 10 ‘‘(i) ANNUAL DETERMINATION.—The 11 Secretary shall determine on an annual 12 basis whether the number of vulnerable 13 road user fatalities per capita in a trans- 14 portation management area over the most 15 recent 2-year period for which data are 16 available exceeds the median number fa- 17 talities in all such areas over such 2-year 18 period. 19 ‘‘(ii) OBLIGATION REQUIREMENT.—If 20 the Secretary determines that the number 21 of vulnerable road user fatalities per capita 22 in the transportation management area 23 over the most recent 2-year period for 24 which data are available exceeds the me- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 247 •HR 3684 IH dian number of such fatalities over such 2- 1 year period among all such areas, then 2 there shall be required to be obligated over 3 the 2 fiscal years following the fiscal year 4 in which such determination is made, for 5 projects identified in the program of 6 projects described in subsection (l)(7)(C), 7 an amount that is not less than 50 percent 8 of the amount set aside for that urbanized 9 area under section 133(h)(2) for fiscal 10 year 2020. 11 ‘‘(iii) APPLICABILITY.—The obligation 12 requirement described in clause (ii) shall 13 not take effect until the subject metropoli- 14 tan planning organization has developed 15 the vulnerable road user safety assessment 16 described in subsection (l)(7). 17 ‘‘(C) SOURCE OF FUNDS.— 18 ‘‘(i) IN GENERAL.—Any amounts re- 19 quired to be obligated under this para- 20 graph shall be from amounts apportioned 21 under section 104(b) except for— 22 ‘‘(I) amounts described in section 23 133(d)(1)(A); and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 248 •HR 3684 IH ‘‘(II) amounts set aside under 1 section 133(h). 2 ‘‘(ii) AREAS IN A HIGH RISK STATE.— 3 If an area subject to the obligation require- 4 ment described in subparagraph (B)(ii) is 5 located in a State required to obligate 6 funds to vulnerable road user safety under 7 subparagraph (A)(ii), any obligations in 8 such State for projects identified in the 9 program of projects described in subsection 10 (l)(7)(C) shall count toward such State’s 11 obligation requirement under subparagraph 12 (A)(ii).’’; 13 (6) in subsection (h)(1)(A)— 14 (A) by inserting ‘‘, including any efforts to 15 reduce vehicle speed’’ after ‘‘under this sec- 16 tion’’; and 17 (B) by inserting ‘‘and projects identified 18 under a vulnerable road user safety assess- 19 ment’’ after ‘‘projects’’; and 20 (7) by adding at the end the following: 21 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS- 22 MENT.— 23 ‘‘(1) IN GENERAL.—Not later than 1 year after 24 date of enactment of the INVEST in America Act, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 249 •HR 3684 IH each State shall create a vulnerable road user safety 1 assessment. 2 ‘‘(2) CONTENTS.—A vulnerable road user safety 3 assessment required under paragraph (1) shall in- 4 clude— 5 ‘‘(A) a description of the location within 6 the State of each vulnerable road user fatality 7 and serious injury, including, if available, the 8 design speed of the roadway at any such loca- 9 tion; 10 ‘‘(B) a description of any corridors identi- 11 fied by a State, in coordination with local gov- 12 ernments, metropolitan planning organizations, 13 and regional transportation planning organiza- 14 tions that pose a high risk of a vulnerable road 15 user fatality or serious injury, including, if 16 available, the design speeds of such corridors; 17 and 18 ‘‘(C) a program of projects or strategies to 19 reduce safety risks to vulnerable road users in 20 corridors identified under subparagraph (B), in 21 coordination with local governments, metropoli- 22 tan planning organizations, and regional trans- 23 portation planning organizations that represent 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 250 •HR 3684 IH a high-risk area identified under subparagraph 1 (B). 2 ‘‘(3) ANALYSIS.—In creating a vulnerable road 3 user safety assessment under this subsection, a 4 State shall assess the last 5 years of available data. 5 ‘‘(4) REQUIREMENTS.—In creating a vulnerable 6 road user safety assessment under this subsection, a 7 State shall— 8 ‘‘(A) take into consideration a safe system 9 approach; and 10 ‘‘(B) coordinate with local governments, 11 metropolitan planning organizations, and re- 12 gional transportation planning organizations 13 that represent a high-risk area identified under 14 paragraph (2)(B). 15 ‘‘(5) UPDATE.—A State shall update a vulner- 16 able road user safety assessment on the same sched- 17 ule as the State updates the State strategic highway 18 safety plan. 19 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 20 program of projects developed under paragraph 21 (2)(C) may not degrade transportation system ac- 22 cess for vulnerable road users. 23 ‘‘(7) URBANIZED AREA ASSESSMENTS.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 251 •HR 3684 IH ‘‘(A) IN GENERAL.—A metropolitan plan- 1 ning organization representing a transportation 2 management area shall, in consultation with 3 local governments in such area, complete a vul- 4 nerable road user safety assessment based on 5 the most recent 5 years of available data at 6 least once every 4 years. 7 ‘‘(B) CONTENTS.—The assessment com- 8 pleted under subparagraph (A) shall include— 9 ‘‘(i) a description of the location with- 10 in the area of each vulnerable road user fa- 11 tality and, if available, serious injury; 12 ‘‘(ii) a description of any corridors 13 that represent a high-risk area identified 14 under paragraph (2)(B) or have otherwise 15 been identified by the metropolitan plan- 16 ning organization or local government that 17 pose a high risk of a vulnerable road user 18 fatality or serious injury; and 19 ‘‘(iii) a program of projects or strate- 20 gies to reduce safety risks to vulnerable 21 road users in corridors identified under 22 subparagraph (B).’’. 23 (b) TECHNICAL AMENDMENT.—Section 148 of title 24 23, United States Code, is amended— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 252 •HR 3684 IH (1) in the heading for subsection (a)(8) by 1 striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD 2 USER’’; and 3 (2) in subsection (i)(2)(D) by striking ‘‘safety 4 safety’’ and inserting ‘‘safety’’. 5 (c) HIGH-RISK RURAL ROADS.— 6 (1) STUDY.—Not later than 2 years after the 7 date of enactment of this Act, the Secretary of 8 Transportation shall update the study described in 9 paragraph (1) of section 1112(b) of MAP–21 (23 10 U.S.C. 148 note). 11 (2) PUBLICATION OF REPORT.—Not later than 12 2 years after the date of enactment of this Act, the 13 Secretary shall publish on the website of the Depart- 14 ment of Transportation an updated report of the re- 15 port described in paragraph (2) of section 1112(b) 16 of MAP–21 (23 U.S.C. 148 note). 17 (3) BEST PRACTICES MANUAL.—Not later than 18 180 days after the date of submission of the report 19 described in paragraph (2), the Secretary shall up- 20 date the best practices manual described in section 21 1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 22 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 253 •HR 3684 IH SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM- 1 PROVEMENT PROGRAM. 2 Section 149 of title 23, United States Code, is 3 amended— 4 (1) in subsection (b)— 5 (A) in paragraph (1)(A)(ii) by striking 6 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 7 (B) in paragraph (7) by inserting ‘‘shared 8 micromobility (including bikesharing and shared 9 scooter systems), publicly accessible charging 10 stations, docks, and storage for electric bicycles 11 and micromobility devices,’’ after ‘‘carsharing’’; 12 (C) in paragraph (8)(B) by striking ‘‘; or’’ 13 and inserting a semicolon; 14 (D) in paragraph (9) by striking the period 15 and inserting ‘‘; or’’; and 16 (E) by adding at the end the following: 17 ‘‘(10) if the project or program mitigates sea- 18 sonal or temporary traffic congestion from long-haul 19 travel or tourism.’’; 20 (2) in subsection (c)— 21 (A) in paragraph (2)— 22 (i) in the heading by inserting ‘‘, HY- 23 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE- 24 HICLE’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 254 •HR 3684 IH (ii) by inserting ‘‘hydrogen or’’ after 1 ‘‘charging stations or’’; and 2 (iii) by inserting ‘‘, hydrogen-pow- 3 ered,’’ after ‘‘battery powered’’; and 4 (B) in paragraph (3) by inserting ‘‘, and is 5 consistent with section 166’’ after ‘‘travel 6 times’’; and 7 (3) by striking subsection (m) and inserting the 8 following: 9 ‘‘(m) OPERATING ASSISTANCE.— 10 ‘‘(1) PROJECTS.—A State may obligate funds 11 apportioned under section 104(b)(4) in an area of 12 such State that is otherwise eligible for obligations 13 of such funds for operating costs under chapter 53 14 of title 49 or on a system for which CMAQ funding 15 was made available, obligated, or expended in fiscal 16 year 2012, or, notwithstanding subsection (b), on a 17 State-supported Amtrak route with a cost-sharing 18 agreement under section 209 of the Passenger Rail 19 Investment and Improvement Act of 2008 or alter- 20 native cost allocation under section 24712(g)(3) of 21 title 49. 22 ‘‘(2) TIME LIMITATION.—In determining the 23 amount of time for which a State may obligate funds 24 under paragraph (1) for operating assistance for an 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 255 •HR 3684 IH area of a State or on a system, the Secretary shall 1 allow such obligations to occur, in such area or on 2 such system— 3 ‘‘(A) with a time limitation of not less than 4 3 years; and 5 ‘‘(B) in the case of projects that dem- 6 onstrate continued net air quality benefits be- 7 yond 3 years, as determined annually by the 8 Secretary in consultation with the Adminis- 9 trator of the Environmental Protection Agency, 10 with no imposed time limitation.’’. 11 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 12 (a) ELECTRIC VEHICLE CHARGING STATIONS.— 13 Chapter 1 of title 23, United States Code, is amended by 14 inserting after section 154 the following new section: 15 ‘‘§ 155. Electric vehicle charging stations 16 ‘‘(a) IN GENERAL.—Any electric vehicle charging in- 17 frastructure funded under this title shall be subject to the 18 requirements of this section. 19 ‘‘(b) INTEROPERABILITY.—An electric vehicle charg- 20 ing station funded under this title shall— 21 ‘‘(1) provide a charging connector type or 22 means to transmit electricity to vehicles that meets 23 applicable industry accepted practices and safety 24 standards; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 256 •HR 3684 IH ‘‘(2) have the ability to serve vehicles produced 1 by more than one vehicle manufacturer. 2 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 3 charging stations shall provide payment methods available 4 to all members of the public to ensure secure, convenient, 5 and equal access and shall not be limited by membership 6 to a particular payment provider. 7 ‘‘(d) NETWORK CAPABILITY.—An electric vehicle 8 charging station funded under this title shall be capable 9 of being remotely monitored. 10 ‘‘(e) STANDARDS AND GUIDANCE.—Not less than 11 180 days after enactment of the INVEST in America Act, 12 the Secretary of Transportation, in coordination with the 13 Secretary of Energy, shall, as appropriate, develop stand- 14 ards and guidance applicable to any electric vehicle charg- 15 ing station funded in whole or in part under this title re- 16 lated to— 17 ‘‘(1) the installation, operation, or maintenance 18 by qualified technicians of electric vehicle charging 19 infrastructure; 20 ‘‘(2) the physical, software, and payment inter- 21 operability of electric vehicle charging infrastructure; 22 ‘‘(3) any traffic control device or on-premises 23 sign acquired, installed, or operated related to an 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 257 •HR 3684 IH electric vehicle charging station funded under this 1 title; and 2 ‘‘(4) network connectivity of electric vehicle 3 charging, including measures to protect personal pri- 4 vacy and ensure cybersecurity.’’. 5 (b) CLERICAL AMENDMENT.—The analysis for chap- 6 ter 1 of title 23, United States Code, is amended by insert- 7 ing after the item relating to section 154 the following 8 new item: 9 ‘‘155. Electric vehicle charging stations.’’. (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 10 Secretary of Transportation shall update the Manual on 11 Uniform Traffic Control Devices to— 12 (1) ensure uniformity in providing road users 13 direction to electric charging stations that are open 14 to the public; and 15 (2) allow the use of a comprehensive system of 16 signs for electric vehicle charging providers to help 17 drivers identify the type of charging and connector 18 types available at the location. 19 (d) AGREEMENTS RELATING TO THE USE AND AC- 20 CESS OF RIGHTS-OF-WAY OF THE INTERSTATE SYS- 21 TEM.—Section 111 of title 23, United States Code, is 22 amended by adding at the end the following: 23 ‘‘(f) INTERSTATE SYSTEM RIGHTS-OF-WAY.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 258 •HR 3684 IH ‘‘(1) IN GENERAL.—Notwithstanding subsection 1 (a) or (b), the Secretary shall permit, consistent 2 with section 155, the charging of electric vehicles on 3 rights-of-way of the Interstate System, including 4 in— 5 ‘‘(A) a rest area; or 6 ‘‘(B) a fringe or corridor parking facility, 7 including a park and ride facility. 8 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub- 9 section shall permit commercial activities on rights- 10 of-way of the Interstate System, except as necessary 11 for the charging of electric vehicles in accordance 12 with this subsection.’’. 13 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 14 (a) IN GENERAL.—Section 167 of title 23, United 15 States Code, is amended— 16 (1) in subsection (b)— 17 (A) in paragraph (6) by striking ‘‘; and’’ 18 and inserting a semicolon; and 19 (B) by striking paragraph (7) and insert- 20 ing the following: 21 ‘‘(7) to reduce the environmental impacts of 22 freight movement on the National Highway Freight 23 Network, including— 24 ‘‘(A) greenhouse gas emissions; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 259 •HR 3684 IH ‘‘(B) local air pollution, including local pol- 1 lution derived from vehicles idling at railway 2 crossings; 3 ‘‘(C) minimizing, capturing, or treating 4 stormwater runoff and addressing other adverse 5 impacts to water quality; and 6 ‘‘(D) wildlife habitat loss; and 7 ‘‘(8) to decrease any adverse impact of freight 8 transportation on communities located near freight 9 facilities or freight corridors.’’; 10 (2) in subsection (e)(2) by striking ‘‘150 miles’’ 11 and inserting ‘‘300 miles’’; 12 (3) in subsection (f)(4) by striking ‘‘75 miles’’ 13 and inserting ‘‘150 miles’’; 14 (4) in subsection (h) by striking ‘‘Not later 15 than’’ and all that follows through ‘‘shall prepare’’ 16 and inserting ‘‘As part of the report required under 17 section 503(b)(8), the Administrator shall biennially 18 prepare’’; 19 (5) in subsection (i)— 20 (A) by striking paragraphs (2) and (3); 21 (B) by amending paragraph (4) to read as 22 follows: 23 ‘‘(4) FREIGHT PLANNING.—Notwithstanding 24 any other provision of law, a State may not obligate 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 260 •HR 3684 IH funds apportioned to the State under section 1 104(b)(5) unless the State has developed, updated, 2 or amended, as applicable, a freight plan in accord- 3 ance with section 70202 of title 49.’’; 4 (C) in paragraph (5)— 5 (i) by striking subparagraph (B) and 6 inserting the following: 7 ‘‘(B) LIMITATION.—The Federal share of 8 a project described in subparagraph (C)(xxiii) 9 shall fund only elements of such project that 10 provide public benefits.’’; and 11 (ii) in subparagraph (C)— 12 (I) in clause (iii) by inserting 13 ‘‘and freight management and oper- 14 ations systems’’ after ‘‘freight trans- 15 portation systems’’; and 16 (II) by amending clause (xxiii) to 17 read as follows: 18 ‘‘(xxiii) Freight intermodal or freight 19 rail projects, including— 20 ‘‘(I) projects within the bound- 21 aries of public or private freight rail 22 or water facilities (including ports); 23 ‘‘(II) projects that provide sur- 24 face transportation infrastructure nec- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 261 •HR 3684 IH essary to facilitate direct intermodal 1 interchange, transfer, and access into 2 or out of the facility; and 3 ‘‘(III) any other surface trans- 4 portation project to improve the flow 5 of freight into or out of a facility de- 6 scribed in subclause (I) or (II).’’; 7 (D) in paragraph (6) by striking ‘‘para- 8 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 9 (E) by redesignating paragraphs (4), (5), 10 (6), and (7) as paragraphs (2), (3), (4), and 11 (5), respectively; and 12 (6) in subsection (k)(1)(A)(ii) by striking 13 ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 14 (b) NATIONAL HIGHWAY FREIGHT NETWORK.—If a 15 congressionally designated future Interstate, or any por- 16 tion thereof, is included in a State Freight Plan (regard- 17 less of whether such project is included in the freight in- 18 vestment plan of the State) approved by the Department 19 of Transportation prior to October 1, 2021, such route 20 shall be considered to be on the National Highway Freight 21 Network established under section 167(c) of title 23, 22 United States Code. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 262 •HR 3684 IH SEC. 1213. CARBON POLLUTION REDUCTION. 1 (a) IN GENERAL.—Chapter 1 of title 23, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘§ 171. Carbon pollution reduction 5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 6 lish a carbon pollution reduction program to support the 7 reduction of greenhouse gas emissions from the surface 8 transportation system. 9 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 10 funding under this section if such project— 11 ‘‘(1) is expected to yield a significant reduction 12 in greenhouse gas emissions from the surface trans- 13 portation system; 14 ‘‘(2) will help a State meet the greenhouse gas 15 emissions performance targets established under sec- 16 tion 150(d); and 17 ‘‘(3) is— 18 ‘‘(A) eligible for assistance under this title 19 or under chapter 53 of title 49 or is a capital 20 project for vehicles and facilities (whether pub- 21 licly or privately owned) that are used to pro- 22 vide intercity passenger service by bus; or 23 ‘‘(B) a capital project, as such term is de- 24 fined in section 22906 of title 49, to improve 25 intercity rail passenger transportation, provided 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 263 •HR 3684 IH that the project will yield a significant reduction 1 in single occupant vehicle trips and improve 2 mobility on public roads. 3 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 4 on methods of determining the reduction of single occu- 5 pant vehicle trips and improvement of mobility on public 6 roads as those factors relate to intercity rail passenger 7 transportation projects under subsection (b)(4). 8 ‘‘(d) OPERATING EXPENSES.—A State may use not 9 more than 10 percent of the funds provided under section 10 104(b)(9) for the operating expenses of public transpor- 11 tation and passenger rail transportation projects. 12 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA- 13 CILITIES.—None of the funds provided under this section 14 may be used for a project that will result in the construc- 15 tion of new capacity available to single occupant vehicles 16 unless the project consists of a high occupancy vehicle fa- 17 cility and is consistent with section 166. 18 ‘‘(f) EVALUATION.— 19 ‘‘(1) IN GENERAL.—The Secretary shall annu- 20 ally evaluate the progress of each State in carrying 21 out the program under this section by comparing the 22 percent change in carbon dioxide emissions per cap- 23 ita on public roads in the State calculated as— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 264 •HR 3684 IH ‘‘(A) the annual carbon dioxide emissions 1 per capita on public roads in the State for the 2 most recent year for which there is data; di- 3 vided by 4 ‘‘(B) the average annual carbon dioxide 5 emissions per capita on public roads in the 6 State in calendar years 2015 through 2019. 7 ‘‘(2) MEASURES.—In conducting the evaluation 8 under paragraph (1), the Secretary shall— 9 ‘‘(A) prior to the effective date of the 10 greenhouse gas performance measures under 11 section 150(c)(7)(A), use such data as are 12 available, which may include data on motor 13 fuels usage published by the Federal Highway 14 Administration and information on emissions 15 factors or coefficients published by the Energy 16 Information Administration of the Department 17 of Energy; and 18 ‘‘(B) following the effective date of the 19 greenhouse gas performance measures under 20 section 150(c)(7)(A), use such measures. 21 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu- 22 ally issue a carbon pollution reduction progress report, to 23 be made publicly available on the website of the Depart- 24 ment of Transportation, that includes— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 265 •HR 3684 IH ‘‘(1) the results of the evaluation under sub- 1 section (f) for each State; and 2 ‘‘(2) a ranking of all the States by the criteria 3 under subsection (f), with the States that, for the 4 year covered by such report, have the largest per- 5 centage reduction in annual carbon dioxide emissions 6 per capita on public roads being ranked the highest. 7 ‘‘(h) HIGH-PERFORMING STATES.— 8 ‘‘(1) DESIGNATION.—For purposes of this sec- 9 tion, each State that is 1 of the 15 highest ranked 10 States, as determined under subsection (g)(2), and 11 that achieves a reduction in carbon dioxide emissions 12 per capita on public roads, as determined by the 13 evaluation in subsection (f), shall be designated as a 14 high-performing State for the following fiscal year. 15 ‘‘(2) USE OF FUNDS.—For each State that is 16 designated as a high-performing State under para- 17 graph (1)— 18 ‘‘(A) notwithstanding section 120, the 19 State may use funds made available under this 20 title to pay the non-Federal share of a project 21 under this section during any year for which 22 such State is designated as a high-performing 23 State; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 266 •HR 3684 IH ‘‘(B) notwithstanding section 126, the 1 State may transfer up to 50 percent of funds 2 apportioned under section 104(b)(9) to the pro- 3 gram under section 104(b)(2) in any year for 4 which such State is designated as a high-per- 5 forming State. 6 ‘‘(3) TRANSFER.—For each State that is 1 of 7 the 15 lowest ranked States, as determined under 8 subsection (g)(2), the Secretary shall transfer 10 9 percent of the amount apportioned to the State 10 under section 104(b)(2) in the fiscal year following 11 the year in which the State is so ranked, not includ- 12 ing amounts set aside under section 133(d)(1)(A) 13 and under section 133(h) or 505(a), to the appor- 14 tionment of the State under section 104(b)(9). 15 ‘‘(4) LIMITATION.—The Secretary shall not 16 conduct a transfer under paragraph (3)— 17 ‘‘(A) until the first fiscal year following the 18 effective date of greenhouse gas performance 19 measures under section 150(c)(7)(A); and 20 ‘‘(B) with respect to a State in any fiscal 21 year following the year in which such State 22 achieves a reduction in carbon dioxide emissions 23 per capita on public roads in such year as de- 24 termined by the evaluation under subsection (f). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 267 •HR 3684 IH ‘‘(i) REPORT.—Not later than 2 years after the date 1 of enactment of this section and periodically thereafter, 2 the Secretary, in consultation with the Administrator of 3 the Environmental Protection Agency, shall issue a re- 4 port— 5 ‘‘(1) detailing, based on the best available 6 science, what types of projects eligible for assistance 7 under this section are expected to provide the most 8 significant greenhouse gas emissions reductions from 9 the surface transportation sector; and 10 ‘‘(2) detailing, based on the best available 11 science, what types of projects eligible for assistance 12 under this section are not expected to provide sig- 13 nificant greenhouse gas emissions reductions from 14 the surface transportation sector.’’. 15 (b) CLERICAL AMENDMENT.—The analysis for chap- 16 ter 1 of title 23, United States Code, is amended by add- 17 ing at the end the following new item: 18 ‘‘171. Carbon pollution reduction.’’. (c) APPLICABILITY.—Subsection (b)(2) of section 19 171 of title 23, United States Code, as added by this sec- 20 tion, shall apply to a State beginning on the first fiscal 21 year following the fiscal year in which the State sets green- 22 house gas performance targets under section 150(d) of 23 title 23, United States Code. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 268 •HR 3684 IH SEC. 1214. RECREATIONAL TRAILS. 1 Section 206 of title 23, United States Code, is 2 amended— 3 (1) in subsection (a)— 4 (A) in paragraph (1) by striking ‘‘except 5 for’’ and all that follows and inserting the fol- 6 lowing: ‘‘except for— 7 ‘‘(A) a motorized wheelchair; and 8 ‘‘(B) in any case in which applicable laws 9 and regulations permit use, an electric bicycle, 10 as defined in section 217(j).’’; 11 (B) in paragraph (2)— 12 (i) in subparagraph (F) by striking 13 ‘‘and’’ at the end; 14 (ii) in subparagraph (G) by striking 15 the period and inserting ‘‘; and’’; and 16 (iii) by adding at the end the fol- 17 lowing: 18 ‘‘(F) electric bicycling.’’; and 19 (2) by adding at the end the following: 20 ‘‘(j) SPECIAL RULE.—Section 113 shall not apply to 21 projects under this section.’’. 22 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 23 (a) IN GENERAL.—Chapter 2 of title 23, United 24 States Code, is amended by inserting after section 210 the 25 following: 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 269 •HR 3684 IH ‘‘§ 211. Safe routes to school program 1 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 2 routes to school program for the benefit of children in pri- 3 mary, middle, and high schools. 4 ‘‘(b) PURPOSES.—The purposes of the program shall 5 be— 6 ‘‘(1) to enable and encourage children, includ- 7 ing those with disabilities, to walk and bicycle to 8 school; 9 ‘‘(2) to make bicycling and walking to school a 10 safer and more appealing transportation alternative, 11 thereby encouraging a healthy and active lifestyle 12 from an early age; and 13 ‘‘(3) to facilitate the planning, development, 14 and implementation of projects and activities that 15 will improve safety and reduce traffic, fuel consump- 16 tion, and air pollution in the vicinity of schools. 17 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a 18 State under paragraphs (2) and (3) of section 104(b) may 19 be used to carry out projects, programs, and other activi- 20 ties under this section. 21 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 22 activities funded under this section may be carried out by 23 eligible entities described under section 133(h)(4)(B) that 24 demonstrate an ability to meet the requirements of this 25 section. 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 270 •HR 3684 IH ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 1 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 2 ‘‘(A) IN GENERAL.—A State may obligate 3 funds under this section for the planning, de- 4 sign, and construction of infrastructure-related 5 projects that will substantially improve the abil- 6 ity of students to walk and bicycle to school, in- 7 cluding sidewalk improvements, traffic calming 8 and speed reduction improvements, pedestrian 9 and bicycle crossing improvements, on-street bi- 10 cycle facilities, off-street bicycle and pedestrian 11 facilities, secure bicycle parking facilities, and 12 traffic diversion improvements in the vicinity of 13 schools. 14 ‘‘(B) LOCATION OF PROJECTS.—Infra- 15 structure-related projects under subparagraph 16 (A) may be carried out on any public road or 17 any bicycle or pedestrian pathway or trail in the 18 vicinity of schools. 19 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI- 20 TIES.—In addition to projects described in para- 21 graph (1), a State may obligate funds under this 22 section for noninfrastructure-related activities to en- 23 courage walking and bicycling to school, including— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 271 •HR 3684 IH ‘‘(A) public awareness campaigns and out- 1 reach to press and community leaders; 2 ‘‘(B) traffic education and enforcement in 3 the vicinity of schools; 4 ‘‘(C) student sessions on bicycle and pedes- 5 trian safety, health, and environment; 6 ‘‘(D) programs that address personal safe- 7 ty; and 8 ‘‘(E) funding for training, volunteers, and 9 managers of safe routes to school programs. 10 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI- 11 NATOR.—Each State receiving an apportionment 12 under paragraphs (2) and (3) of section 104(b) shall 13 use a sufficient amount of the apportionment to 14 fund a full-time position of coordinator of the 15 State’s safe routes to school program. 16 ‘‘(4) RURAL SCHOOL DISTRICT OUTREACH.—A 17 coordinator described in paragraph (3) shall conduct 18 outreach to ensure that rural school districts in the 19 State are aware of such State’s safe routes to school 20 program and any funds authorized by this section. 21 ‘‘(f) FEDERAL SHARE.—The Federal share of the 22 cost of a project, program, or activity under this section 23 shall be 100 percent. 24 ‘‘(g) CLEARINGHOUSE.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 272 •HR 3684 IH ‘‘(1) IN GENERAL.—The Secretary shall main- 1 tain a national safe routes to school clearinghouse 2 to— 3 ‘‘(A) develop information and educational 4 programs on safe routes to school; and 5 ‘‘(B) provide technical assistance and dis- 6 seminate techniques and strategies used for 7 successful safe routes to school programs. 8 ‘‘(2) FUNDING.—The Secretary shall carry out 9 this subsection using amounts authorized to be ap- 10 propriated for administrative expenses under section 11 104(a). 12 ‘‘(h) DEFINITIONS.—In this section, the following 13 definitions apply: 14 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 15 ‘in the vicinity of schools’ means, with respect to a 16 school, the area within bicycling and walking dis- 17 tance of the school (approximately 2 miles). 18 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 19 The term ‘primary, middle, and high schools’ means 20 schools providing education from kindergarten 21 through twelfth grade.’’. 22 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 23 (1) REPEAL.—Section 1404 of SAFETEA–LU 24 (Public Law 109–59; 119 Stat. 1228–1230), and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 273 •HR 3684 IH the item relating to such section in the table of con- 1 tents in section 1(b) of such Act, are repealed. 2 (2) ANALYSIS.—The analysis for chapter 2 of 3 title 23, United States Code, is amended by insert- 4 ing after the item relating to section 210 the fol- 5 lowing: 6 ‘‘211. Safe routes to school program.’’. SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 7 WALKWAYS. 8 Section 217 of title 23, United States Code, is 9 amended— 10 (1) in subsection (d)— 11 (A) by striking ‘‘104(b)(3)’’ and inserting 12 ‘‘104(b)(4)’’; and 13 (B) by striking ‘‘a position’’ and inserting 14 ‘‘at least one full-time positions’’; 15 (2) in subsection (e) by striking ‘‘bicycles’’ and 16 inserting ‘‘pedestrians or bicyclists’’ each place such 17 term appears; 18 (3) in subsection (j)— 19 (A) in paragraph (1) by inserting ‘‘or oper- 20 ators of micromobility devices’’ after 21 ‘‘bicyclists’’; 22 (B) by striking paragraph (2) and insert- 23 ing the following: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 274 •HR 3684 IH ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric 1 bicycle’ means mean a bicycle equipped with fully 2 operable pedals, a saddle or seat for the rider, and 3 an electric motor of less than 750 watts that can 4 safely share a bicycle transportation facility with 5 other users of such facility and meets the require- 6 ments of one of the following three classes: 7 ‘‘(A) CLASS 1 ELECTRIC BICYCLE.—The 8 term ‘class 1 electric bicycle’ means an electric 9 bicycle equipped with a motor that provides as- 10 sistance only when the rider is pedaling, and 11 that ceases to provide assistance when the bicy- 12 cle reaches the speed of 20 miles per hour. 13 ‘‘(B) CLASS 2 ELECTRIC BICYCLE.—The 14 term ‘class 2 electric bicycle’ means an electric 15 bicycle equipped with a motor that may be used 16 exclusively to propel the bicycle, and that is not 17 capable of providing assistance when the bicycle 18 reaches the speed of 20 miles per hour. 19 ‘‘(C) CLASS 3 ELECTRIC BICYCLE.—The 20 term ‘class 3 electric bicycle’ means an electric 21 bicycle equipped with a motor that provides as- 22 sistance only when the rider is pedaling, and 23 that ceases to provide assistance when the bicy- 24 cle reaches the speed of 28 miles per hour. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 275 •HR 3684 IH ‘‘(3) MICROMOBILITY DEVICE.—The term 1 ‘micromobility device’ means any wheeled vehicle 2 equipped with a low powered electric motor— 3 ‘‘(A) that is designed primarily for human 4 transport; 5 ‘‘(B) that weighs not more than 100 6 pounds; and 7 ‘‘(C) that has a top speed of 20 miles per 8 hour or less.’’. 9 SEC. 1217. NOISE BARRIERS. 10 (a) PERMITTING USE OF HIGHWAY TRUST FUND 11 FOR CONSTRUCTION OF CERTAIN NOISE BARRIERS.— 12 Section 339(b)(1) of the National Highway System Des- 13 ignation Act of 1995 (23 U.S.C. 109 note) is amended 14 to read as follows: 15 ‘‘(1) GENERAL RULE.—No funds made avail- 16 able out of the Highway Trust Fund may be used 17 to construct a Type II noise barrier (as defined by 18 section 772.5(I) of title 23, Code of Federal Regula- 19 tions) pursuant to subsections (h) and (I) of section 20 109 of title 23, United States Code, unless— 21 ‘‘(A) such a barrier is part of a project ap- 22 proved by the Secretary before November 28, 23 1995; or 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 276 •HR 3684 IH ‘‘(B) such a barrier separates a highway or 1 other noise corridor from a group of structures 2 of which the majority of those closest to the 3 highway or noise corridor— 4 ‘‘(i) are residential in nature; and 5 ‘‘(ii) either— 6 ‘‘(I) were constructed before the 7 construction or most recent widening 8 of the highway or noise corridor; or 9 ‘‘(II) are at least 10 years old.’’. 10 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION 11 BLOCK GRANT FUNDS.—Section 133 of title 23, United 12 States Code, is amended— 13 (1) in subsection (b) by adding at the end the 14 following: 15 ‘‘(20) Planning, design, or construction of a 16 Type II noise barrier (as described in section 772.5 17 of title 23, Code of Federal Regulations).’’; and 18 (2) in subsection (c)(2) by inserting ‘‘and para- 19 graph (20)’’ after ‘‘(11)’’. 20 SEC. 1218. SAFE STREETS FOR ALL. 21 Section 148 of title 23, United States Code, is further 22 amended by adding at the end the following: 23 ‘‘(m) SAFE STREETS FOR ALL.— 24 ‘‘(1) SAFE STREETS SET-ASIDE.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 277 •HR 3684 IH ‘‘(A) ESTABLISHMENT.—The Secretary 1 shall establish a safe streets program to elimi- 2 nate the occurrence of transportation-related fa- 3 talities and serious injuries on public roads, 4 with a focus on vulnerable road users. 5 ‘‘(B) AMOUNT.—Of the funds apportioned 6 to a State under section 104(b)(3) for each fis- 7 cal year, the Secretary shall reserve an amount 8 such that— 9 ‘‘(i) the Secretary reserves a total 10 under this subsection of $500,000,000 for 11 each of fiscal years 2023 through 2026; 12 and 13 ‘‘(ii) the State’s share of that total is 14 distributed in the same manner as the 15 amount apportioned to the State under 16 section 104(b)(3) for each fiscal year bears 17 to the total amount of funds apportioned 18 to all States under such section. 19 ‘‘(2) SUBALLOCATION.—For each fiscal year for 20 which funds are set aside under this subsection, 21 such funds shall be obligated within a State in the 22 manner described in subsections (d) and (e) of sec- 23 tion 133, except that, for the purposes of this sub- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 278 •HR 3684 IH section, the percentage referred to in section 1 133(d)(1)(A) shall be treated as 100 percent. 2 ‘‘(3) USE OF FUNDS.— 3 ‘‘(A) IN GENERAL.—Funds set aside under 4 this subsection shall be available for obliga- 5 tion— 6 ‘‘(i) for a complete streets project that 7 supports the safe, comfortable, convenient, 8 and independent movement of all users of 9 the transportation system, of all ages and 10 abilities, consistent with context sensitive 11 design principles; 12 ‘‘(ii) for activities eligible under the 13 safe routes to school program under sec- 14 tion 211; 15 ‘‘(iii) to develop and implement the 16 policies and procedures described in section 17 109(s); 18 ‘‘(iv) for any element of vision zero 19 planning described under section 1601 of 20 the INVEST in America Act and to imple- 21 ment an existing vision zero plan; 22 ‘‘(v) for other activities in furtherance 23 of the vulnerable road user safety assess- 24 ment of the State or the metropolitan 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 279 •HR 3684 IH planning organization described under sub- 1 section (l); and 2 ‘‘(vi) for any other project, program, 3 or plan eligible under this section that pro- 4 vides for the safe and adequate accommo- 5 dation of all users of the surface transpor- 6 tation network, as determined by the Sec- 7 retary. 8 ‘‘(B) SPECIAL RULE.—If a State or metro- 9 politan planning organization demonstrates to 10 the satisfaction of the Secretary that such State 11 or metropolitan planning organization has met 12 all its needs for vulnerable road user safety 13 under this section, the State or metropolitan 14 planning organization may use funds made 15 available under this subsection for other high- 16 way safety improvement program purposes, 17 subject to the suballocation under paragraph 18 (2). The Secretary may not make a determina- 19 tion under this subparagraph if the State or 20 metropolitan planning organization has been 21 subject to the special rule described in sub- 22 section (g)(3) within the last 5 years.’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 280 •HR 3684 IH SEC. 1219. YOUTH SERVICE AND CONSERVATION CORPS. 1 (a) IN GENERAL.—Chapter 2 of title 23, United 2 States Code, is amended by inserting after section 211 (as 3 added by this Act) the following: 4 ‘‘§ 212. Use of youth service and conservation corps 5 ‘‘(a) IN GENERAL.—The Secretary may allow and 6 shall encourage project sponsors to enter into contracts 7 and cooperative agreements with qualified youth service 8 or conservation corps, as described in sections 122(a)(2) 9 of the National and Community Service Act of 1990 (42 10 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and 11 Community Service Trust Act of 1993 (42 U.S.C. 12 12656(c)(3)) to perform appropriate projects eligible 13 under sections 133(h), 162, 206, and 211. 14 ‘‘(b) REQUIREMENTS.—Under any contract or coop- 15 erative agreement entered into with a qualified youth serv- 16 ice or conservation corps under this section, the Secretary 17 shall— 18 ‘‘(1) set the amount of a living allowance or 19 rate of pay for each participant in such corps at— 20 ‘‘(A) such amount or rate as required 21 under State law in a State with such require- 22 ments; or 23 ‘‘(B) for corps in States not described in 24 subparagraph (A), at such amount or rate as 25 determined by the Secretary, not to exceed the 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 281 •HR 3684 IH maximum living allowance authorized by section 1 140 of the National and Community Service 2 Act of 1990 (42 U.S.C. 12594); and 3 ‘‘(2) not subject such corps to the requirements 4 of section 112 or 113.’’. 5 (b) CLERICAL AMENDMENT.—The analysis for chap- 6 ter 2 of title 23, United States Code, is amended by insert- 7 ing after the item relating to section 211 (as added by 8 this Act) the following: 9 ‘‘212. Use of youth service and conservation corps.’’. Subtitle C—Project-Level 10 Investments 11 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG- 12 NIFICANCE. 13 (a) IN GENERAL.—Section 117 of title 23, United 14 States Code, is amended to read as follows: 15 ‘‘§ 117. Projects of national and regional significance 16 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 17 lish a projects of national and regional significance pro- 18 gram under which the Secretary may make grants to, and 19 establish multiyear grant agreements with, eligible entities 20 in accordance with this section. 21 ‘‘(b) APPLICATIONS.—To be eligible for a grant 22 under this section, an eligible entity shall submit to the 23 Secretary an application in such form, in such manner, 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 282 •HR 3684 IH and containing such information as the Secretary may re- 1 quire. 2 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 3 ‘‘(1) IN GENERAL.—Each grant made under 4 this section— 5 ‘‘(A) shall be in an amount that is at least 6 $25,000,000; and 7 ‘‘(B) shall be for a project that has eligible 8 project costs that are reasonably anticipated to 9 equal or exceed the lesser of— 10 ‘‘(i) $100,000,000; or 11 ‘‘(ii) in the case of a project— 12 ‘‘(I) located in 1 State or terri- 13 tory, 30 percent of the amount appor- 14 tioned under this chapter to the State 15 or territory in the most recently com- 16 pleted fiscal year; or 17 ‘‘(II) located in more than 1 18 State or territory, 50 percent of the 19 amount apportioned under this chap- 20 ter to the participating State or terri- 21 tory with the largest apportionment 22 under this chapter in the most re- 23 cently completed fiscal year. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 283 •HR 3684 IH ‘‘(2) LARGE PROJECTS.—For a project that has 1 eligible project costs that are reasonably anticipated 2 to equal or exceed $500,000,000, a grant made 3 under this section— 4 ‘‘(A) shall be in an amount sufficient to 5 fully fund the project, or in the case of a public 6 transportation project, a minimum operable 7 segment, in combination with other funding 8 sources, including non-Federal financial com- 9 mitment, identified in the application; and 10 ‘‘(B) may be awarded pursuant to the 11 process under subsection (d), as necessary 12 based on the amount of the grant. 13 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE 14 PROJECTS.— 15 ‘‘(1) IN GENERAL.—A large project that re- 16 ceives a grant under this section may be carried out 17 through a multiyear grant agreement in accordance 18 with this subsection. 19 ‘‘(2) REQUIREMENTS.—A multiyear grant 20 agreement for a large project shall— 21 ‘‘(A) establish the terms of participation by 22 the Federal Government in the project; 23 ‘‘(B) establish the amount of Federal fi- 24 nancial assistance for the project; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 284 •HR 3684 IH ‘‘(C) establish a schedule of anticipated 1 Federal obligations for the project that provides 2 for obligation of the full grant amount by not 3 later than 4 fiscal years after the fiscal year in 4 which the initial amount is provided; and 5 ‘‘(D) determine the period of time for com- 6 pleting the project, even if such period extends 7 beyond the period of an authorization. 8 ‘‘(3) SPECIAL RULES.— 9 ‘‘(A) IN GENERAL.—A multiyear grant 10 agreement under this subsection— 11 ‘‘(i) shall obligate an amount of avail- 12 able budget authority specified in law; and 13 ‘‘(ii) may include a commitment, con- 14 tingent on amounts to be specified in law 15 in advance for commitments under this 16 paragraph, to obligate an additional 17 amount from future available budget au- 18 thority specified in law. 19 ‘‘(B) CONTINGENT COMMITMENT.—A con- 20 tingent commitment under this subsection is 21 not an obligation of the Federal Government 22 under section 1501 of title 31. 23 ‘‘(C) INTEREST AND OTHER FINANCING 24 COSTS.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 285 •HR 3684 IH ‘‘(i) IN GENERAL.—Interest and other 1 financing costs of carrying out a part of 2 the project within a reasonable time shall 3 be considered a cost of carrying out the 4 project under a multiyear grant agreement, 5 except that eligible costs may not be more 6 than the cost of the most favorable financ- 7 ing terms reasonably available for the 8 project at the time of borrowing. 9 ‘‘(ii) CERTIFICATION.—The applicant 10 shall certify to the Secretary that the ap- 11 plicant has shown reasonable diligence in 12 seeking the most favorable financing 13 terms. 14 ‘‘(4) ADVANCE PAYMENT.—An eligible entity 15 carrying out a large project under a multiyear grant 16 agreement— 17 ‘‘(A) may use funds made available to the 18 eligible entity under this title or title 49 for eli- 19 gible project costs of the large project; and 20 ‘‘(B) shall be reimbursed, at the option of 21 the eligible entity, for such expenditures from 22 the amount made available under the multiyear 23 grant agreement for the project in that fiscal 24 year or a subsequent fiscal year. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 286 •HR 3684 IH ‘‘(e) ELIGIBLE PROJECTS.— 1 ‘‘(1) IN GENERAL.—The Secretary may make a 2 grant under this section only for a project that is a 3 project eligible for assistance under this title or 4 chapter 53 of title 49 and is— 5 ‘‘(A) a bridge project carried out on the 6 National Highway System, or that is eligible to 7 be carried out under section 165; 8 ‘‘(B) a project to improve person through- 9 put that is— 10 ‘‘(i) a highway project carried out on 11 the National Highway System, or that is 12 eligible to be carried out under section 13 165; 14 ‘‘(ii) a public transportation project; 15 or 16 ‘‘(iii) a capital project, as such term is 17 defined in section 22906 of title 49, to im- 18 prove intercity rail passenger transpor- 19 tation; or 20 ‘‘(C) a project to improve freight through- 21 put that is— 22 ‘‘(i) a highway freight project carried 23 out on the National Highway Freight Net- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 287 •HR 3684 IH work established under section 167 or on 1 the National Highway System; 2 ‘‘(ii) a freight intermodal, freight rail, 3 or railway-highway grade crossing or grade 4 separation project; or 5 ‘‘(iii) within the boundaries of a public 6 or private freight rail, water (including 7 ports), or intermodal facility and that is a 8 surface transportation infrastructure 9 project necessary to facilitate direct inter- 10 modal interchange, transfer, or access into 11 or out of the facility. 12 ‘‘(2) LIMITATION.— 13 ‘‘(A) CERTAIN FREIGHT PROJECTS.— 14 Projects described in clauses (ii) and (iii) of 15 paragraph (1)(C) may receive a grant under 16 this section only if— 17 ‘‘(i) the project will make a significant 18 improvement to the movement of freight 19 on the National Highway System; and 20 ‘‘(ii) the Federal share of the project 21 funds only elements of the project that 22 provide public benefits. 23 ‘‘(B) CERTAIN PROJECTS FOR PERSON 24 THROUGHPUT.—Projects described in clauses 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 288 •HR 3684 IH (ii) and (iii) of paragraph (1)(B) may receive a 1 grant under this section only if the project will 2 make a significant improvement in mobility on 3 public roads. 4 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 5 receiving a grant under this section may use such grant 6 for— 7 ‘‘(1) development phase activities, including 8 planning, feasibility analysis, revenue forecasting, 9 environmental review, preliminary engineering and 10 design work, and other preconstruction activities; 11 and 12 ‘‘(2) construction, reconstruction, rehabilitation, 13 acquisition of real property (including land related 14 to the project and improvements to the land), envi- 15 ronmental mitigation, construction contingencies, ac- 16 quisition of equipment, and operational improve- 17 ments directly related to improving system perform- 18 ance. 19 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 20 select a project described under this section for funding 21 under this section only if the Secretary determines that 22 the project— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 289 •HR 3684 IH ‘‘(1) generates significant regional or national 1 economic, mobility, safety, resilience, or environ- 2 mental benefits; 3 ‘‘(2) is cost effective; 4 ‘‘(3) is based on the results of preliminary engi- 5 neering; 6 ‘‘(4) has secured or will secure acceptable levels 7 of non-Federal financial commitments, including— 8 ‘‘(A) one or more stable and dependable 9 sources of funding and financing to construct, 10 maintain, and operate the project; and 11 ‘‘(B) contingency amounts to cover unan- 12 ticipated cost increases; 13 ‘‘(5) cannot be easily and efficiently completed 14 without additional Federal funding or financial as- 15 sistance available to the project sponsor, beyond ex- 16 isting Federal apportionments; and 17 ‘‘(6) is reasonably expected to begin construc- 18 tion not later than 18 months after the date of obli- 19 gation of funds for the project. 20 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 21 ‘‘(1) MERIT CRITERIA.—In awarding a grant 22 under this section, the Secretary shall evaluate the 23 following merit criteria: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 290 •HR 3684 IH ‘‘(A) The extent to which the project sup- 1 ports achieving a state of good repair. 2 ‘‘(B) The level of benefits the project is ex- 3 pected to generate, including— 4 ‘‘(i) the costs avoided by the preven- 5 tion of closure or reduced use of the asset 6 to be improved by the project; 7 ‘‘(ii) reductions in maintenance costs 8 over the life of the asset; 9 ‘‘(iii) safety benefits, including the re- 10 duction of accidents and related costs; 11 ‘‘(iv) improved person or freight 12 throughput, including congestion reduction 13 and reliability improvements; 14 ‘‘(v) national and regional economic 15 benefits; 16 ‘‘(vi) resilience benefits, including the 17 ability to withstand disruptions from a 18 seismic event; 19 ‘‘(vii) environmental benefits, includ- 20 ing reduction in greenhouse gas emissions 21 and air quality benefits; and 22 ‘‘(viii) benefits to all users of the 23 project, including pedestrian, bicycle, non- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 291 •HR 3684 IH vehicular, railroad, and public transpor- 1 tation users. 2 ‘‘(C) How the benefits compare to the 3 costs of the project. 4 ‘‘(D) The average number of people or vol- 5 ume of freight, as applicable, supported by the 6 project, including visitors based on travel and 7 tourism. 8 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In 9 awarding a grant under this section, the Secretary 10 shall consider the following: 11 ‘‘(A) Whether the project spans at least 1 12 border between 2 States. 13 ‘‘(B) Whether the project serves low-in- 14 come residents of low-income communities, in- 15 cluding areas of persistent poverty, while not 16 displacing such residents. 17 ‘‘(C) Whether the project uses innovative 18 technologies, innovative design and construction 19 techniques, or pavement materials that dem- 20 onstrate reductions in greenhouse gas emissions 21 through sequestration or innovative manufac- 22 turing processes and, if so, the degree to which 23 such technologies, techniques, or materials are 24 used. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 292 •HR 3684 IH ‘‘(D) Whether the project improves 1 connectivity between modes of transportation 2 moving people or goods in the Nation or region. 3 ‘‘(E) Whether the project provides new or 4 improved connections between at least two met- 5 ropolitan areas with a population of at least 6 500,000. 7 ‘‘(F) Whether the project would replace, 8 reconstruct, or rehabilitate a high-commuter 9 corridor (as such term is defined in section 10 203(a)(6)) that is in poor condition. 11 ‘‘(i) PROJECT SELECTION.— 12 ‘‘(1) EVALUATION.—To evaluate applications 13 for funding under this section, the Secretary shall— 14 ‘‘(A) determine whether a project is eligible 15 for a grant under this section; 16 ‘‘(B) evaluate, through a methodology that 17 is discernible and transparent to the public, 18 how each application addresses the merit cri- 19 teria pursuant to subsection (h); 20 ‘‘(C) assign a quality rating for each merit 21 criteria for each application based on the eval- 22 uation in subparagraph (B); 23 ‘‘(D) ensure that applications receive final 24 consideration by the Secretary to receive an 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 293 •HR 3684 IH award under this section only on the basis of 1 such quality ratings and that the Secretary 2 gives final consideration only to applications 3 that meet the minimally acceptable level for 4 each of the merit criteria; and 5 ‘‘(E) award grants only to projects rated 6 highly under the evaluation and rating process. 7 ‘‘(2) CONSIDERATIONS FOR LARGE 8 PROJECTS.—In awarding a grant for a large project, 9 the Secretary shall— 10 ‘‘(A) consider the amount of funds avail- 11 able in future fiscal years for the program 12 under this section; and 13 ‘‘(B) assume the availability of funds in fu- 14 ture fiscal years for the program that extend 15 beyond the period of authorization based on the 16 amount made available for the program in the 17 last fiscal year of the period of authorization. 18 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 19 grants under this section, the Secretary shall ensure 20 geographic diversity and a balance between rural 21 and urban communities among grant recipients over 22 fiscal years 2023 through 2026. 23 ‘‘(4) PUBLICATION OF METHODOLOGY.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 294 •HR 3684 IH ‘‘(A) IN GENERAL.—Prior to the issuance 1 of any notice of funding opportunity for grants 2 under this section, the Secretary shall publish 3 and make publicly available on the Depart- 4 ment’s website— 5 ‘‘(i) a detailed explanation of the 6 merit criteria developed under subsection 7 (h); 8 ‘‘(ii) a description of the evaluation 9 process under this subsection; and 10 ‘‘(iii) how the Secretary shall deter- 11 mine whether a project satisfies each of 12 the requirements under subsection (g). 13 ‘‘(B) UPDATES.—The Secretary shall up- 14 date and make publicly available on the website 15 of the Department of Transportation such in- 16 formation at any time a revision to the informa- 17 tion described in subparagraph (A) is made. 18 ‘‘(C) INFORMATION REQUIRED.—The Sec- 19 retary shall include in the published notice of 20 funding opportunity for a grant under this sec- 21 tion detailed information on the rating method- 22 ology and merit criteria to be used to evaluate 23 applications, or a reference to the information 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 295 •HR 3684 IH on the website of the Department of Transpor- 1 tation, as required by subparagraph (A). 2 ‘‘(j) FEDERAL SHARE.— 3 ‘‘(1) IN GENERAL.—The Federal share of the 4 cost of a project carried out with a grant under this 5 section may not exceed 60 percent. 6 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed- 7 eral assistance other than a grant under this section 8 may be used to satisfy the non-Federal share of the 9 cost of a project for which such a grant is made, ex- 10 cept that the total Federal assistance provided for a 11 project receiving a grant under this section may not 12 exceed 80 percent of the total project cost. 13 ‘‘(k) BRIDGE INVESTMENTS.—Of the amounts made 14 available to carry out this section, the Secretary shall re- 15 serve not less than $1,000,000,000 in each fiscal year to 16 make grants for projects described in subsection (e)(1)(A). 17 ‘‘(l) TREATMENT OF PROJECTS.— 18 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 19 shall, with respect to a project funded by a grant 20 under this section, apply— 21 ‘‘(A) the requirements of this title to a 22 highway project; 23 ‘‘(B) the requirements of chapter 53 of 24 title 49 to a public transportation project; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 296 •HR 3684 IH ‘‘(C) the requirements of section 22905 of 1 title 49 to a passenger rail or freight rail 2 project. 3 ‘‘(2) MULTIMODAL PROJECTS.— 4 ‘‘(A) IN GENERAL.—Except as otherwise 5 provided in this paragraph, if an eligible project 6 is a multimodal project, the Secretary shall— 7 ‘‘(i) determine the predominant modal 8 component of the project; and 9 ‘‘(ii) apply the applicable requirements 10 of such predominant modal component to 11 the project. 12 ‘‘(B) EXCEPTIONS.— 13 ‘‘(i) PASSENGER OR FREIGHT RAIL 14 COMPONENT.—For any passenger or 15 freight rail component of a project, the re- 16 quirements of section 22907(j)(2) of title 17 49 shall apply. 18 ‘‘(ii) PUBLIC TRANSPORTATION COM- 19 PONENT.—For any public transportation 20 component of a project, the requirements 21 of section 5333 of title 49 shall apply. 22 ‘‘(C) BUY AMERICA.—In applying the Buy 23 America requirements under section 313 of this 24 title and sections 5320, 22905(a), and 24305(f) 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 297 •HR 3684 IH of title 49 to a multimodal project under this 1 paragraph, the Secretary shall— 2 ‘‘(i) consider the various modal com- 3 ponents of the project; and 4 ‘‘(ii) seek to maximize domestic jobs. 5 ‘‘(m) TIFIA PROGRAM.—At the request of an eligible 6 entity under this section, the Secretary may use amounts 7 awarded to the entity to pay subsidy and administrative 8 costs necessary to provide the entity Federal credit assist- 9 ance under chapter 6 with respect to the project for which 10 the grant was awarded. 11 ‘‘(n) ADMINISTRATION.—Of the amounts made avail- 12 able to carry out this section, the Secretary may use up 13 to $5,000,000 for the costs of administering the program 14 under this section. 15 ‘‘(o) TECHNICAL ASSISTANCE.—Of the amounts 16 made available to carry out this section, the Secretary may 17 reserve up to $5,000,000 to provide technical assistance 18 to eligible entities. 19 ‘‘(p) CONGRESSIONAL REVIEW.— 20 ‘‘(1) NOTIFICATION.—Not less than 60 days be- 21 fore making an award under this section, the Sec- 22 retary shall submit to the Committee on Transpor- 23 tation and Infrastructure of the House of Represent- 24 atives and the Committee on Environment and Pub- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 298 •HR 3684 IH lic Works, the Committee on Banking, Housing, and 1 Urban Affairs, and the Committee on Commerce, 2 Science, and Transportation of the Senate— 3 ‘‘(A) a list of all applications determined to 4 be eligible for a grant by the Secretary; 5 ‘‘(B) the quality ratings assigned to each 6 application pursuant to subsection (i); 7 ‘‘(C) a list of applications that received 8 final consideration by the Secretary to receive 9 an award under this section; 10 ‘‘(D) each application proposed to be se- 11 lected for a grant award; 12 ‘‘(E) proposed grant amounts, including 13 for each new multiyear grant agreement, the 14 proposed payout schedule for the project; and 15 ‘‘(F) an analysis of the impacts of any 16 large projects proposed to be selected on exist- 17 ing commitments and anticipated funding levels 18 for the next 4 fiscal years, based on information 19 available to the Secretary at the time of the re- 20 port. 21 ‘‘(2) COMMITTEE REVIEW.—Before the last day 22 of the 60-day period described in paragraph (1), 23 each Committee described in paragraph (1) shall re- 24 view the Secretary’s list of proposed projects. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 299 •HR 3684 IH ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec- 1 retary may not make a grant or any other obligation 2 or commitment to fund a project under this section 3 if a joint resolution is enacted disapproving funding 4 for the project before the last day of the 60-day pe- 5 riod described in paragraph (1). 6 ‘‘(q) TRANSPARENCY.— 7 ‘‘(1) IN GENERAL.—Not later than 30 days 8 after awarding a grant for a project under this sec- 9 tion, the Secretary shall send to all applicants, and 10 publish on the website of the Department of Trans- 11 portation— 12 ‘‘(A) a summary of each application made 13 to the program for the grant application period; 14 and 15 ‘‘(B) the evaluation and justification for 16 the project selection, including ratings assigned 17 to all applications and a list of applications that 18 received final consideration by the Secretary to 19 receive an award under this section, for the 20 grant application period. 21 ‘‘(2) BRIEFING.—The Secretary shall provide, 22 at the request of a grant applicant under this sec- 23 tion, the opportunity to receive a briefing to explain 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 300 •HR 3684 IH any reasons the grant applicant was not awarded a 1 grant. 2 ‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In this sec- 3 tion, the term ‘eligible entity’ means— 4 ‘‘(1) a State or a group of States; 5 ‘‘(2) a unit of local government, including a 6 metropolitan planning organization, or a group of 7 local governments; 8 ‘‘(3) a political subdivision of a State or local 9 government; 10 ‘‘(4) a special purpose district or public author- 11 ity with a transportation function, including a port 12 authority; 13 ‘‘(5) an Indian Tribe or Tribal organization; 14 ‘‘(6) a Federal agency eligible to receive funds 15 under section 201, 203, or 204, including the Army 16 Corps of Engineers, Bureau of Reclamation, and the 17 Bureau of Land Management, that applies jointly 18 with a State or group of States; 19 ‘‘(7) a territory; and 20 ‘‘(8) a multistate or multijurisdictional group of 21 entities described in this paragraph.’’. 22 (b) CLERICAL AMENDMENT.—The analysis for chap- 23 ter 1 of title 23, United States Code, is amended by strik- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 301 •HR 3684 IH ing the item relating to section 117 and inserting the fol- 1 lowing: 2 ‘‘117. Projects of national and regional significance.’’. SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 3 GRANT PROGRAM. 4 (a) IN GENERAL.—Chapter 1 of title 23, United 5 States Code, as amended by this title, is further amended 6 by adding at the end the following: 7 ‘‘§ 173. Community transportation investment grant 8 program 9 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 10 lish a community transportation investment grant pro- 11 gram to improve surface transportation safety, state of 12 good repair, accessibility, and environmental quality 13 through infrastructure investments. 14 ‘‘(b) GRANT AUTHORITY.— 15 ‘‘(1) IN GENERAL.—In carrying out the pro- 16 gram established under subsection (a), the Secretary 17 shall make grants, on a competitive basis, to eligible 18 entities in accordance with this section. 19 ‘‘(2) GRANT AMOUNT.—The maximum amount 20 of a grant under this section shall be $25,000,000. 21 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 22 this section, an eligible entity shall submit to the Secretary 23 an application in such form, at such time, and containing 24 such information as the Secretary may require. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 302 •HR 3684 IH ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 1 an eligible project carried out under this section may be 2 used for— 3 ‘‘(1) development phase activities, including 4 planning, feasibility analysis, revenue forecasting, 5 environmental review, preliminary engineering and 6 design work, and other preconstruction activities; 7 and 8 ‘‘(2) construction, reconstruction, rehabilitation, 9 acquisition of real property (including land related 10 to the project and improvements to such land), envi- 11 ronmental mitigation, construction contingencies, ac- 12 quisition of equipment, and operational improve- 13 ments. 14 ‘‘(e) RURAL AND COMMUNITY SETASIDES.— 15 ‘‘(1) IN GENERAL.—The Secretary shall re- 16 serve— 17 ‘‘(A) not less than 25 percent of the 18 amounts made available to carry out this sec- 19 tion for projects located in rural areas; and 20 ‘‘(B) not less than 25 percent of the 21 amounts made available to carry out this sec- 22 tion for projects located in urbanized areas with 23 a population greater than 49,999 individuals 24 and fewer than 200,001 individuals. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 303 •HR 3684 IH ‘‘(2) DEFINITION OF RURAL AREA.—In this 1 subsection, the term ‘rural area’ means all areas of 2 a State or territory not included in urbanized areas. 3 ‘‘(3) EXCESS FUNDING.—If the Secretary de- 4 termines that there are insufficient qualified appli- 5 cants to use the funds set aside under this sub- 6 section, the Secretary may use such funds for grants 7 for any projects eligible under this section. 8 ‘‘(f) EVALUATION.—To evaluate applications under 9 this section, the Secretary shall— 10 ‘‘(1) develop a process to objectively evaluate 11 applications on the benefits of the project proposed 12 in such application— 13 ‘‘(A) to transportation safety, including re- 14 ductions in traffic fatalities and serious injuries; 15 ‘‘(B) to state of good repair, including im- 16 proved condition of bridges and pavements; 17 ‘‘(C) to transportation system access, in- 18 cluding improved access to jobs and services; 19 and 20 ‘‘(D) in reducing greenhouse gas emis- 21 sions; 22 ‘‘(2) develop a rating system to assign a nu- 23 meric value to each application, based on each of the 24 criteria described in paragraph (1); 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 304 •HR 3684 IH ‘‘(3) for each application submitted, compare 1 the total benefits of the proposed project, as deter- 2 mined by the rating system developed under para- 3 graph (2), with the costs of such project, and rank 4 each application based on the results of the compari- 5 son; and 6 ‘‘(4) ensure that only such applications that are 7 ranked highly based on the results of the comparison 8 conducted under paragraph (3) are considered to re- 9 ceive a grant under this section. 10 ‘‘(g) WEIGHTING.—In establishing the evaluation 11 process under subsection (f), the Secretary may assign dif- 12 ferent weights to the criteria described in subsection (f)(1) 13 based on project type, population served by a project, and 14 other context-sensitive considerations, provided that— 15 ‘‘(1) each application is rated on all criteria de- 16 scribed in subsection (f)(1); and 17 ‘‘(2) each application has the same possible 18 minimum and maximum rating, regardless of any 19 differences in the weighting of criteria. 20 ‘‘(h) TRANSPARENCY.— 21 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.— 22 Prior to the issuance of any notice of funding oppor- 23 tunity under this section, the Secretary shall make 24 publicly available on the website of the Department 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 305 •HR 3684 IH of Transportation a detailed explanation of the eval- 1 uation and rating process developed under sub- 2 section (f), including any differences in the 3 weighting of criteria pursuant to subsection (g), if 4 applicable, and update such website for each revision 5 of the evaluation and rating process. 6 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec- 7 retary shall submit to the Committee on Transpor- 8 tation and Infrastructure of the House of Represent- 9 atives, the Committee on Environment and Public 10 Works of the Senate, the Committee on Banking, 11 Housing, and Urban Affairs of the Senate, and the 12 Committee on Commerce, Science, and Transpor- 13 tation of the Senate the following written notifica- 14 tions: 15 ‘‘(A) A notification when the Secretary 16 publishes or updates the information required 17 under paragraph (1). 18 ‘‘(B) Not later than 30 days prior to the 19 date on which the Secretary awards a grant 20 under this section, a notification that in- 21 cludes— 22 ‘‘(i) the ratings of each application 23 submitted pursuant to subsection (f)(2); 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 306 •HR 3684 IH ‘‘(ii) the ranking of each application 1 submitted pursuant to subsection (f)(3); 2 and 3 ‘‘(iii) a list of all applications that re- 4 ceive final consideration by the Secretary 5 to receive an award under this section pur- 6 suant to subsection (f)(4). 7 ‘‘(C) Not later than 3 business days prior 8 to the date on which the Secretary announces 9 the award of a grant under this section, a noti- 10 fication describing each grant to be awarded, 11 including the amount and the recipient. 12 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts 13 made available to carry out this section, the Secretary may 14 reserve up to $3,000,000 to provide technical assistance 15 to eligible entities. 16 ‘‘(j) ADMINISTRATION.—Of the amounts made avail- 17 able to carry out this section, the Secretary may reserve 18 up to $5,000,000 for the administrative costs of carrying 19 out the program under this section. 20 ‘‘(k) TREATMENT OF PROJECTS.— 21 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 22 shall, with respect to a project funded by a grant 23 under this section, apply— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 307 •HR 3684 IH ‘‘(A) the requirements of this title to a 1 highway project; 2 ‘‘(B) the requirements of chapter 53 of 3 title 49 to a public transportation project; and 4 ‘‘(C) the requirements of section 22905 of 5 title 49 to a passenger rail or freight rail 6 project. 7 ‘‘(2) MULTIMODAL PROJECTS.— 8 ‘‘(A) IN GENERAL.—Except as otherwise 9 provided in this paragraph, if an eligible project 10 is a multimodal project, the Secretary shall— 11 ‘‘(i) determine the predominant modal 12 component of the project; and 13 ‘‘(ii) apply the applicable requirements 14 of such predominant modal component to 15 the project. 16 ‘‘(B) EXCEPTIONS.— 17 ‘‘(i) PASSENGER OR FREIGHT RAIL 18 COMPONENT.—For any passenger or 19 freight rail component of a project, the re- 20 quirements of section 22907(j)(2) of title 21 49 shall apply. 22 ‘‘(ii) PUBLIC TRANSPORTATION COM- 23 PONENT.—For any public transportation 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 308 •HR 3684 IH component of a project, the requirements 1 of section 5333 of title 49 shall apply. 2 ‘‘(C) BUY AMERICA.—In applying the Buy 3 America requirements under section 313 of this 4 title and sections 5320, 22905(a), and 24305(f) 5 of title 49 to a multimodal project under this 6 paragraph, the Secretary shall— 7 ‘‘(i) consider the various modal com- 8 ponents of the project; and 9 ‘‘(ii) seek to maximize domestic jobs. 10 ‘‘(l) TRANSPARENCY.— 11 ‘‘(1) IN GENERAL.—Not later than 30 days 12 after awarding a grant for a project under this sec- 13 tion, the Secretary shall send to all applicants, and 14 publish on the website of the Department of Trans- 15 portation— 16 ‘‘(A) a summary of each application made 17 to the program for the grant application period; 18 and 19 ‘‘(B) the evaluation and justification for 20 the project selection, including ratings and 21 rankings assigned to all applications and a list 22 of applications that received final consideration 23 by the Secretary to receive an award under this 24 section, for the grant application period. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 309 •HR 3684 IH ‘‘(2) BRIEFING.—The Secretary shall provide, 1 at the request of a grant applicant under this sec- 2 tion, the opportunity to receive a briefing to explain 3 any reasons the grant applicant was not awarded a 4 grant. 5 ‘‘(m) DEFINITIONS.—In this section: 6 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 7 tity’ means— 8 ‘‘(A) a metropolitan planning organization; 9 ‘‘(B) a unit of local government; 10 ‘‘(C) a transit agency; 11 ‘‘(D) an Indian Tribe or Tribal organiza- 12 tion; 13 ‘‘(E) a multijurisdictional group of entities 14 described in this paragraph; 15 ‘‘(F) a special purpose district with a 16 transportation function or a port authority; 17 ‘‘(G) a territory; or 18 ‘‘(H) a State that applies for a grant 19 under this section jointly with an entity de- 20 scribed in subparagraphs (A) through (G). 21 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 22 project’ means any project eligible under this title or 23 chapter 53 of title 49.’’. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 310 •HR 3684 IH (b) CLERICAL AMENDMENT.—The analysis for chap- 1 ter 1 of title 23, United States Code, is further amended 2 by adding at the end the following new item: 3 ‘‘173. Community transportation investment grant program.’’. SEC. 1303. CLEAN CORRIDORS PROGRAM. 4 (a) PURPOSE.—The purpose of this section is to es- 5 tablish a formula program to strategically deploy electric 6 vehicle charging infrastructure along designated alter- 7 native fuel corridors that will be accessible to all drivers 8 of electric vehicles. 9 (b) NATIONAL ELECTRIC VEHICLE CHARGING AND 10 HYDROGEN, PROPANE, AND NATURAL GAS FUELING 11 CORRIDORS.—Section 151 of title 23, United States Code, 12 is amended— 13 (1) in subsection (a) by striking ‘‘Not later 14 than 1 year after the date of enactment of the 15 FAST Act, the Secretary shall’’ and inserting ‘‘The 16 Secretary shall periodically’’; 17 (2) in subsection (b)(2) by inserting ‘‘previously 18 designated by the Federal Highway Administration 19 or’’ after ‘‘fueling corridors’’; 20 (3) in subsection (d)— 21 (A) by striking ‘‘5 years after the date of 22 establishment of the corridors under subsection 23 (a), and every 5 years thereafter’’ and inserting 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 311 •HR 3684 IH ‘‘180 days after the date of enactment of the 1 INVEST in America Act’’; and 2 (B) by inserting ‘‘establish a recurring 3 process to regularly’’ after ‘‘the Secretary 4 shall’’; 5 (4) in subsection (e)— 6 (A) in paragraph (1) by striking ‘‘; and’’ 7 and inserting a semicolon; 8 (B) in paragraph (2)— 9 (i) by striking ‘‘establishes an aspira- 10 tional goal of achieving’’ and inserting ‘‘de- 11 scribes efforts to achieve’’; and 12 (ii) by striking ‘‘by the end of fiscal 13 year 2020.’’ and inserting ‘‘, including 14 progress on the implementation of sub- 15 section (f); and’’; and 16 (C) by adding at the end the following: 17 ‘‘(3) summarizes best practices and provides 18 guidance, developed through consultation with the 19 Secretary of Energy, for project development of elec- 20 tric vehicle charging infrastructure to allow for the 21 predictable deployment of such infrastructure.’’; and 22 (5) by adding at the end the following: 23 ‘‘(f) CLEAN CORRIDORS PROGRAM.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 312 •HR 3684 IH ‘‘(1) ESTABLISHMENT.—There is established a 1 clean corridors program (referred to in this sub- 2 section as the ‘‘Program’’) to provide funding to 3 States to strategically deploy electric vehicle charg- 4 ing and hydrogen fueling infrastructure along alter- 5 native fuel corridors and to establish an inter- 6 connected network to facilitate data collection, ac- 7 cess, and reliability. 8 ‘‘(2) PURPOSE.—The purpose of the Program 9 is to provide funding for— 10 ‘‘(A) the acquisition and installation of 11 electric vehicle charging infrastructure and hy- 12 drogen fueling infrastructure to serve as a cata- 13 lyst for the deployment of such infrastructure 14 and to connect it to a network to facilitate data 15 collection, access, and reliability; 16 ‘‘(B) proper operation and maintenance of 17 electric vehicle charging infrastructure; and 18 ‘‘(C) data sharing about charging and fuel- 19 ing infrastructure to ensure the long-term suc- 20 cess of investments made through the Program. 21 ‘‘(3) ALTERNATIVE DISTRIBUTION OF FUNDS.— 22 ‘‘(A) PLAN.—The Secretary shall establish 23 a deadline by which a State shall provide a plan 24 to the Secretary, in such form and such manner 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 313 •HR 3684 IH that the Secretary requires, describing how 1 such State intends to use its allocation under 2 this section. 3 ‘‘(B) EFFICIENT OBLIGATION OF 4 FUNDS.—If a State fails to submit the plan re- 5 quired by subparagraph (A) to the Secretary in 6 a timely manner, or if the Secretary determines 7 a State has not taken sufficient action to carry 8 out its plan, the Secretary may— 9 ‘‘(i) withdraw from the State the 10 funds that were apportioned to the State 11 for a fiscal year under section 104(b)(10); 12 ‘‘(ii) award such funds on a competi- 13 tive basis to local units of government 14 within the State for use on projects that 15 meet the eligibility requirements described 16 in paragraph (4); and 17 ‘‘(iii) ensure timely obligation of such 18 funds. 19 ‘‘(C) REDISTRIBUTION AMONG STATES.—If 20 the Secretary determines that any funds with- 21 drawn from a State under subparagraph (B)(i) 22 cannot be fully awarded to local units of gov- 23 ernment within the State under subparagraph 24 (B)(ii) in a manner consistent with the purpose 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 314 •HR 3684 IH of this subsection, any such funds remaining 1 under subparagraph (B)(i) shall be— 2 ‘‘(i) apportioned among other States 3 (except States for which funds for that fis- 4 cal year have been withdrawn under sub- 5 paragraph (B)(i)) in the same ratio as 6 funds apportioned for that fiscal year 7 under section 104(b)(10)(C) for the Pro- 8 gram; and 9 ‘‘(ii) only available to carry out this 10 section. 11 ‘‘(4) ELIGIBLE PROJECTS.— 12 ‘‘(A) IN GENERAL.—Funding made avail- 13 able under this subsection shall be for 14 projects— 15 ‘‘(i) directly related to the electric 16 charging or hydrogen fueling of a vehicle; 17 and 18 ‘‘(ii) only for infrastructure that is 19 open to the general public or to authorized 20 commercial motor vehicle operators from 21 more than 1 company. 22 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 23 ‘‘(i) IN GENERAL.—Any charging or 24 fueling infrastructure acquired or installed 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 315 •HR 3684 IH with funding under this subsection shall be 1 located along an alternative fuel corridor. 2 ‘‘(ii) GUIDANCE.—Not later than 90 3 days after the date of enactment of the 4 INVEST in America Act, the Secretary of 5 Transportation, in coordination with the 6 Secretary of Energy, shall develop guid- 7 ance for States and localities to strategi- 8 cally deploy charging and fueling infra- 9 structure along alternative fuel corridors, 10 consistent with this section. 11 ‘‘(iii) ADDITIONAL CONSIDER- 12 ATIONS.—In developing the guidance re- 13 quired under clause (ii), the Secretary of 14 Transportation, in coordination with the 15 Secretary of Energy, shall consider— 16 ‘‘(I) the distance between publicly 17 available charging and fueling infra- 18 structure eligible under this section; 19 ‘‘(II) connections to the electric 20 grid or fuel distribution system, in- 21 cluding electric distribution upgrades, 22 vehicle-to-grid integration, including 23 smart charge management or other 24 protocols that can minimize impacts 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 316 •HR 3684 IH to the electric grid, and alignment 1 with electric distribution interconnec- 2 tion processes; 3 ‘‘(III) plans to protect the elec- 4 tric grid from added load of charging 5 distribution systems from adverse im- 6 pacts of changing load patterns, in- 7 cluding through on site storage; 8 ‘‘(IV) plans for the use of renew- 9 able energy sources to power charg- 10 ing, energy storage, and hydrogen fuel 11 production; 12 ‘‘(V) the proximity of existing 13 off-highway travel centers, fuel retail- 14 ers, and small businesses to electric 15 vehicle charging infrastructure ac- 16 quired or funded under this sub- 17 section; 18 ‘‘(VI) the need for publicly avail- 19 able electric vehicle charging infra- 20 structure in rural corridors; 21 ‘‘(VII) the long-term operation 22 and maintenance of publicly available 23 electric vehicle charging infrastructure 24 to avoid stranded assets and protect 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 317 •HR 3684 IH the investment of public funds in that 1 infrastructure; 2 ‘‘(VIII) existing private, national, 3 State, local, Tribal, and territorial 4 government electric vehicle charging 5 infrastructure programs and incen- 6 tives; 7 ‘‘(IX) fostering enhanced, coordi- 8 nated, public-private or private invest- 9 ment in charging and fueling infra- 10 structure; 11 ‘‘(X) ensuring consumer protec- 12 tion and pricing transparency; and 13 ‘‘(XI) any other factors, as deter- 14 mined by the Secretary. 15 ‘‘(5) ELIGIBLE PROJECT COSTS.—Subject to 16 paragraph (6), funds made available under this sub- 17 section may be used for— 18 ‘‘(A) the acquisition or installation of elec- 19 tric vehicle charging or hydrogen fueling infra- 20 structure; 21 ‘‘(B) operating assistance for costs allo- 22 cable to operating and maintaining infrastruc- 23 ture acquired or installed under this subsection, 24 for a period not to exceed five years; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 318 •HR 3684 IH ‘‘(C) the acquisition or installation of traf- 1 fic control devices located in the right-of-way to 2 provide directional information to infrastructure 3 acquired, installed, or operated under this sub- 4 section; or 5 ‘‘(D) on-premises signs to provide informa- 6 tion about infrastructure acquired, installed, or 7 operated under this subsection. 8 ‘‘(6) PROJECT REQUIREMENTS.—Not later than 9 180 days after the date of enactment of the IN- 10 VEST in America Act, the Secretary of Transpor- 11 tation, in coordination with the Secretary of Energy, 12 shall, as appropriate, develop standards and require- 13 ments related to— 14 ‘‘(A) the installation, operation, or mainte- 15 nance by qualified technicians of electric vehicle 16 charging infrastructure under this subsection; 17 ‘‘(B) the physical, software, and payment 18 interoperability of electric vehicle charging in- 19 frastructure under this subsection; 20 ‘‘(C) any traffic control device or on-prem- 21 ises sign acquired, installed, or operated under 22 this subsection; 23 ‘‘(D) any data requested by the Secretary 24 related to a project funded under this sub- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 319 •HR 3684 IH section, including the format and schedule for 1 the submission of such data; and 2 ‘‘(E) network connectivity of electric vehi- 3 cle charging that includes measures to protect 4 personal privacy and ensure cybersecurity. 5 ‘‘(7) FEDERAL SHARE.—The Federal share 6 payable for the cost of a project funded under this 7 subsection shall be 80 percent. 8 ‘‘(8) PERIOD OF AVAILABILITY.—Notwith- 9 standing section 118(b), funds made available for 10 the Program shall be available until expended. 11 ‘‘(9) ADDITIONAL ASSISTANCE GRANTS.—For 12 each of fiscal years 2023 through 2026, before mak- 13 ing an apportionment under section 104(b)(10), the 14 Secretary shall set aside, from amounts made avail- 15 able to carry out the clean corridors program under 16 this subsection, $100,000,000 for grants to States 17 or localities that require additional assistance to 18 strategically deploy infrastructure eligible under this 19 subsection along alternative fuel corridors to fill 20 gaps in the national charging network, including in 21 rural areas. 22 ‘‘(10) DEFINITION OF ALTERNATIVE FUEL COR- 23 RIDORS.—In this subsection, the term ‘alternative 24 fuel corridors’ means a fuel corridor— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 320 •HR 3684 IH ‘‘(A) designated under subsection (a); or 1 ‘‘(B) equivalent to a fuel corridor described 2 under such subsection that is designated, after 3 consultation with any affected Indian Tribes or 4 Tribal organizations, by a State or group of 5 States.’’. 6 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 7 (a) IN GENERAL.—Chapter 1 of title 23, United 8 States Code, as amended by this title, is further amended 9 by inserting after section 171 the following: 10 ‘‘§ 172. Community climate innovation grants 11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 12 lish a community climate innovation grant program (in 13 this section referred to as the ‘Program’) to make grants, 14 on a competitive basis, for locally selected projects that 15 reduce greenhouse gas emissions while improving the mo- 16 bility, accessibility, and connectivity of the surface trans- 17 portation system. 18 ‘‘(b) PURPOSE.—The purpose of the Program shall 19 be to support communities in reducing greenhouse gas 20 emissions from the surface transportation system. 21 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 22 make grants under the Program to the following entities: 23 ‘‘(1) A metropolitan planning organization. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 321 •HR 3684 IH ‘‘(2) A unit of local government or a group of 1 local governments, or a county or multi-county spe- 2 cial district. 3 ‘‘(3) A subdivision of a local government. 4 ‘‘(4) A transit agency. 5 ‘‘(5) A special purpose district with a transpor- 6 tation function or a port authority. 7 ‘‘(6) An Indian Tribe or Tribal organization. 8 ‘‘(7) A territory. 9 ‘‘(8) A multijurisdictional group of entities de- 10 scribed in paragraphs (1) through (7). 11 ‘‘(d) APPLICATIONS.—To be eligible for a grant 12 under the Program, an entity specified in subsection (c) 13 shall submit to the Secretary an application in such form, 14 at such time, and containing such information as the Sec- 15 retary determines appropriate. 16 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 17 provide a grant under the Program for a project that is 18 expected to yield a significant reduction in greenhouse gas 19 emissions from the surface transportation system and— 20 ‘‘(1) is a project eligible for assistance under 21 this title or under chapter 53 of title 49, or is a cap- 22 ital project for vehicles and facilities, whether pub- 23 licly or privately owned, that are used to provide 24 intercity passenger service by bus; or 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 322 •HR 3684 IH ‘‘(2) is a capital project as defined in section 1 22906 of title 49 to improve intercity passenger rail 2 that will yield a significant reduction in single occu- 3 pant vehicle trips and improve mobility on public 4 roads. 5 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 6 project under the Program may be used for— 7 ‘‘(1) development phase activities, including 8 planning, feasibility analysis, revenue forecasting, 9 environmental review, preliminary engineering and 10 design work, and other preconstruction activities; 11 and 12 ‘‘(2) construction, reconstruction, rehabilitation, 13 acquisition of real property (including land related 14 to the project and improvements to the land), envi- 15 ronmental mitigation, construction contingencies, ac- 16 quisition of equipment, and operational improve- 17 ments. 18 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 19 for projects under the Program, the Secretary shall give 20 priority to projects that are expected to yield the most sig- 21 nificant reductions in greenhouse gas emissions from the 22 surface transportation system. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 323 •HR 3684 IH ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making 1 grants for projects under the Program, the Secretary shall 2 consider the extent to which— 3 ‘‘(1) a project maximizes greenhouse gas reduc- 4 tions in a cost-effective manner; 5 ‘‘(2) a project reduces dependence on single-oc- 6 cupant vehicle trips or provides additional transpor- 7 tation options; 8 ‘‘(3) a project improves the connectivity and ac- 9 cessibility of the surface transportation system, par- 10 ticularly to low- and zero-emission forms of trans- 11 portation, including public transportation, walking, 12 and bicycling; 13 ‘‘(4) an applicant has adequately considered or 14 will adequately consider, including through the op- 15 portunity for public comment, the environmental jus- 16 tice and equity impacts of the project; 17 ‘‘(5) a project contributes to geographic diver- 18 sity among grant recipients, including to achieve a 19 balance between urban, suburban, and rural commu- 20 nities; 21 ‘‘(6) a project serves low-income residents of 22 low-income communities, including areas of per- 23 sistent poverty, while not displacing such residents; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 324 •HR 3684 IH ‘‘(7) a project uses pavement materials that 1 demonstrate reductions in greenhouse gas emissions 2 through sequestration or innovative manufacturing 3 processes; 4 ‘‘(8) a project repurposes neglected or 5 underused infrastructure, including abandoned high- 6 ways, bridges, railways, trail ways, and adjacent 7 underused spaces, into new hybrid forms of public 8 space that support multiple modes of transportation; 9 and 10 ‘‘(9) a project includes regional multimodal 11 transportation system management and operations 12 elements that will improve the effectiveness of such 13 project and encourage reduction of single occupancy 14 trips by providing the ability of users to plan, use, 15 and pay for multimodal transportation alternatives. 16 ‘‘(i) FUNDING.— 17 ‘‘(1) MAXIMUM AMOUNT.—The maximum 18 amount of a grant under the Program shall be 19 $25,000,000. 20 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 21 made available to carry out the Program, the Sec- 22 retary may use up to 1 percent to provide technical 23 assistance to applicants and potential applicants. 24 ‘‘(j) TREATMENT OF PROJECTS.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 325 •HR 3684 IH ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 1 shall, with respect to a project funded by a grant 2 under this section, apply— 3 ‘‘(A) the requirements of this title to a 4 highway project; 5 ‘‘(B) the requirements of chapter 53 of 6 title 49 to a public transportation project; and 7 ‘‘(C) the requirements of section 22905 of 8 title 49 to a passenger rail or freight rail 9 project. 10 ‘‘(2) MULTIMODAL PROJECTS.— 11 ‘‘(A) IN GENERAL.—Except as otherwise 12 provided in this paragraph, if an eligible project 13 is a multimodal project, the Secretary shall— 14 ‘‘(i) determine the predominant modal 15 component of the project; and 16 ‘‘(ii) apply the applicable requirements 17 of such predominant modal component to 18 the project. 19 ‘‘(B) EXCEPTIONS.— 20 ‘‘(i) PASSENGER OR FREIGHT RAIL 21 COMPONENT.—For any passenger or 22 freight rail component of a project, the re- 23 quirements of section 22907(j)(2) of title 24 49 shall apply. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 326 •HR 3684 IH ‘‘(ii) PUBLIC TRANSPORTATION COM- 1 PONENT.—For any public transportation 2 component of a project, the requirements 3 of section 5333 of title 49 shall apply. 4 ‘‘(C) BUY AMERICA.—In applying the Buy 5 America requirements under section 313 of this 6 title and sections 5320, 22905(a), and 24305(f) 7 of title 49 to a multimodal project under this 8 paragraph, the Secretary shall— 9 ‘‘(i) consider the various modal com- 10 ponents of the project; and 11 ‘‘(ii) seek to maximize domestic jobs. 12 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA- 13 CILITIES.—None of the funds provided under this section 14 may be used for a project that will result in the construc- 15 tion of new capacity available to single occupant vehicles 16 unless the project consists of a high-occupancy vehicle fa- 17 cility and is consistent with section 166. 18 ‘‘(l) PUBLIC COMMENT.—Prior to issuing the notice 19 of funding opportunity for funding under this section for 20 fiscal year 2023, the Secretary, in consultation with the 21 Administrator of the Environmental Protection Agency, 22 shall solicit public comment on the method of determining 23 the significant reduction in greenhouse gas emissions re- 24 quired under subsection (e). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 327 •HR 3684 IH ‘‘(m) CONSULTATION.—Prior to making an award 1 under this section in a given fiscal year, the Secretary 2 shall consult with the Administrator of the Environmental 3 Protection Agency to determine which projects are ex- 4 pected to yield a significant reduction in greenhouse gas 5 emissions as required under subsection (e).’’. 6 (b) CLERICAL AMENDMENT.—The analysis for chap- 7 ter 1 of title 23, United States Code, is amended by insert- 8 ing after the item relating to section 171 the following: 9 ‘‘172. Community climate innovation grants.’’. SEC. 1305. METRO PERFORMANCE PROGRAM. 10 (a) ESTABLISHMENT.—The Secretary of Transpor- 11 tation shall establish a metro performance program in ac- 12 cordance with this section to enhance local decision mak- 13 ing and provide enhanced local control in transportation 14 project delivery. 15 (b) DIRECT RECIPIENT DESIGNATION.— 16 (1) IN GENERAL.—The Secretary shall des- 17 ignate high-performing metropolitan planning orga- 18 nizations based on the criteria in paragraph (3) to 19 be direct recipients of funds under this section. 20 (2) AUTHORITY.—Nothing in this section shall 21 be construed to prohibit a direct recipient from tak- 22 ing any action otherwise authorized to secure and 23 expend Federal funds authorized under chapter 1 of 24 title 23, United States Code. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 328 •HR 3684 IH (3) CRITERIA.—In designating an applicant 1 under this subsection, the Secretary shall consider— 2 (A) the legal, financial, and technical ca- 3 pacity of the applicant; 4 (B) the level of coordination between the 5 applicant and— 6 (i) the State department of transpor- 7 tation of the State or States in which the 8 metropolitan planning area represented by 9 the applicant is located; 10 (ii) local governments and providers of 11 public transportation within the metropoli- 12 tan planning area represented by the appli- 13 cant; and 14 (iii) if more than one metropolitan 15 planning organization is designated within 16 an urbanized area represented by the ap- 17 plicant, any other such metropolitan plan- 18 ning organization; 19 (C) in the case of an applicant that rep- 20 resents an urbanized area population of greater 21 than 200,000, the effectiveness of project deliv- 22 ery and timely obligation of funds made avail- 23 able under section 133(d)(1)(A)(i) of title 23, 24 United States Code; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 329 •HR 3684 IH (D) if the applicant or a local government 1 within the metropolitan planning area that the 2 applicant represents has been the recipient of a 3 discretionary grant from the Secretary within 4 the preceding 5 years, the administration of 5 such grant; 6 (E) the extent to which the planning and 7 decision making process of the applicant, in- 8 cluding the long-range transportation plan and 9 the approved transportation improvement pro- 10 gram under section 134 of such title, support— 11 (i) the performance goals established 12 under section 150(b) of such title; and 13 (ii) the achievement of metropolitan 14 or statewide performance targets estab- 15 lished under section 150(d) of such title; 16 (F) whether the applicant is a designated 17 recipient of funds as described under subpara- 18 graphs (A) and (B) of section 5302(4) of title 19 49, United States Code, or a direct recipient of 20 funds under section 5307 of such title from the 21 Federal Transit Administration; and 22 (G) any other criteria established by the 23 Secretary. 24 (4) REQUIREMENTS.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 330 •HR 3684 IH (A) CALL FOR NOMINATION.—Not later 1 than February 1, 2022, the Secretary shall 2 publish in the Federal Register a notice solic- 3 iting applications for designation under this 4 subsection. 5 (B) GUIDANCE.—The notification under 6 paragraph (1) shall include guidance on the re- 7 quirements and responsibilities of a direct re- 8 cipient under this section, including imple- 9 menting regulations. 10 (C) DETERMINATION.—The Secretary 11 shall make all designations under this section 12 for fiscal year 2023 not later than June 1, 13 2022. 14 (5) TERM.—Except as provided in paragraph 15 (6), a designation under this subsection shall— 16 (A) be for a period of not less than 5 17 years; and 18 (B) be renewable. 19 (6) TERMINATION.— 20 (A) IN GENERAL.—The Secretary shall es- 21 tablish procedures for the termination of a des- 22 ignation under this subsection. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 331 •HR 3684 IH (B) CONSIDERATIONS.—In establishing 1 procedures under subparagraph (A), the Sec- 2 retary shall consider— 3 (i) with respect to projects carried out 4 under this section, compliance with the re- 5 quirements of title 23, United States Code, 6 or chapter 53 of title 49, United States 7 Code; and 8 (ii) the obligation rate of any funds— 9 (I) made available under this sec- 10 tion; and 11 (II) in the case of a metropolitan 12 planning organization that represents 13 a metropolitan planning area with an 14 urbanized area population of greater 15 than 200,000, made available under 16 section 133(d)(1)(A)(i) of title 23, 17 United States Code. 18 (c) USE OF FUNDS.— 19 (1) ELIGIBLE PROJECTS.—Funds made avail- 20 able under this section may be obligated for the pur- 21 poses described in section 133(b) of title 23, United 22 States Code. 23 (2) ADMINISTRATIVE EXPENSES AND TECH- 24 NICAL ASSISTANCE.—Of the amounts made available 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 332 •HR 3684 IH under this section, the Secretary may set aside not 1 more than $5,000,000 for program management, 2 oversight, and technical assistance to direct recipi- 3 ents. 4 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 5 (1) DIRECT AVAILABILITY OF FUNDS.—Not- 6 withstanding title 23, United States Code, the 7 amounts made available under this section shall be 8 allocated to each direct recipient for obligation. 9 (2) DISTRIBUTION OF AMOUNTS AMONG DIRECT 10 RECIPIENTS.— 11 (A) IN GENERAL.—Subject to subpara- 12 graph (B), on the first day of the fiscal year for 13 which funds are made available under this sec- 14 tion, the Secretary shall allocate such funds to 15 each direct recipient as the proportion of the 16 population (as determined by data collected by 17 the Bureau of the Census) of the urbanized 18 area represented by any 1 direct recipient bears 19 to the total population of all of urbanized areas 20 represented by all direct recipients. 21 (B) MINIMUM AND MAXIMUM AMOUNTS.— 22 Of funds allocated to direct recipients under 23 subparagraph (A), each direct recipient shall re- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 333 •HR 3684 IH ceive not less than $10,000,000 and not more 1 than $50,000,000 each fiscal year. 2 (C) MINIMUM GUARANTEED AMOUNT.—In 3 making a determination whether to designate a 4 metropolitan planning organization as a direct 5 recipient under subsection (b), the Secretary 6 shall ensure that each direct recipient receives 7 the minimum required allocation under sub- 8 paragraph (B). 9 (D) ADDITIONAL AMOUNTS.—If any 10 amounts remain undistributed after the dis- 11 tribution described in this subsection, such re- 12 maining amounts and an associated amount of 13 obligation limitation shall be made available as 14 if suballocated under clauses (i) and (ii) of sec- 15 tion 133(d)(1)(A) of title 23, United States 16 Code, and distributed among the States in the 17 proportion that the relative shares of the popu- 18 lation (as determined by data collected by the 19 Bureau of the Census) of the urbanized areas 20 of each State bears to the total populations of 21 all urbanized areas across all States. 22 (3) PROJECT DELIVERY.— 23 (A) IN GENERAL.—For 1 or more projects 24 carried out with funds provided under this sec- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 334 •HR 3684 IH tion, the direct recipient may, consistent with 1 the agreement entered into with the Secretary 2 under this paragraph, assume the Federal-aid 3 highway project approval and oversight respon- 4 sibilities vested in the State department of 5 transportation under section 106 of title 23, 6 United States Code. 7 (B) PARTNERSHIP.—The direct recipient 8 may partner with a State, unit of local govern- 9 ment, regional entity, or transit agency to carry 10 out a project under this section. 11 (C) PROCEDURAL, LEGAL, AND SUB- 12 STANTIVE REQUIREMENTS.—A direct recipient 13 entering into an agreement with the Secretary 14 under this section shall assume responsibility 15 for compliance with all procedural and sub- 16 stantive requirements as would apply if that re- 17 sponsibility were carried out by a State, unless 18 the direct recipient or the Secretary determines 19 that such assumption of responsibility for 1 or 20 more of the procedural and substantive require- 21 ments is not appropriate. 22 (D) WRITTEN AGREEMENT.—The Sec- 23 retary and the direct recipient shall enter into 24 an agreement in writing relating to the extent 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 335 •HR 3684 IH to which the direct recipient assumes the re- 1 sponsibilities of the Secretary under this para- 2 graph. Such agreement shall be developed in 3 consultation with the State. 4 (E) USE OF FUNDS.—The direct recipient 5 may use amounts made available under this 6 section for costs incurred in implementing this 7 paragraph and to compensate a State, unit of 8 local government, or transit agency for costs in- 9 curred in providing assistance under this para- 10 graph. 11 (F) LIMITATIONS.—The direct recipient 12 may not assume responsibilities described in 13 subparagraph (A) for any project that the Sec- 14 retary determines to be in a high-risk category, 15 including projects on the National Highway 16 System. 17 (e) EXPENDITURE OF FUNDS.— 18 (1) CONSISTENCY WITH METROPOLITAN PLAN- 19 NING.—Except as otherwise provided in this section, 20 programming and expenditure of funds for projects 21 under this section shall be consistent with the re- 22 quirements of section 134 of title 23, United States 23 Code, and section 5303 of title 49, United States 24 Code. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 336 •HR 3684 IH (2) SELECTION OF PROJECTS.— 1 (A) IN GENERAL.—Notwithstanding sub- 2 sections (j)(5) and (k)(4) of section 134 of title 3 23, United States Code, or subsections (j)(5) 4 and (k)(4) of section 5303 of title 49, United 5 States Code, a direct recipient shall select, from 6 the approved transportation improvement pro- 7 gram under such sections, all projects to be 8 funded under this section, including projects on 9 the National Highway System. 10 (B) ELIGIBLE PROJECTS.—The project se- 11 lection process described in this subsection shall 12 apply to all federally funded projects within the 13 boundaries of a metropolitan planning area 14 served by a direct recipient that are carried out 15 under this section. 16 (C) CONSULTATION REQUIRED.—In select- 17 ing a project under this subsection, the metro- 18 politan planning organization shall consult 19 with— 20 (i) in the case of a highway project, 21 the State and locality in which such project 22 is located; and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 337 •HR 3684 IH (ii) in the case of a transit project, 1 any affected public transportation oper- 2 ator. 3 (3) RULE OF CONSTRUCTION.—Nothing in this 4 section shall be construed to limit the ability of a di- 5 rect recipient to partner with a State department of 6 transportation or other recipient of Federal funds 7 under title 23, United States Code, or chapter 53 of 8 title 49, United States Code, to carry out a project. 9 (f) TREATMENT OF FUNDS.— 10 (1) IN GENERAL.—Except as provided in this 11 section, funds made available to carry out this sec- 12 tion shall be administered as if apportioned under 13 chapter 1 of title 23, United States Code. 14 (2) FEDERAL SHARE.—The Federal share of 15 the cost of a project carried out under this section 16 shall be determined in accordance with section 120 17 of title 23, United States Code. 18 (g) REPORT.— 19 (1) DIRECT RECIPIENT REPORT.—Not later 20 than 60 days after the end of each fiscal year, each 21 direct recipient shall submit to the Secretary a re- 22 port that includes— 23 (A) a list of projects funded with amounts 24 provided under this section; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 338 •HR 3684 IH (B) a description of any obstacles to com- 1 plete projects or timely obligation of funds; and 2 (C) recommendations to improve the effec- 3 tiveness of the program under this section. 4 (2) REPORT TO CONGRESS.—Not later than Oc- 5 tober 1, 2024, the Secretary shall submit to the 6 Committee on Environment and Public Works of the 7 Senate and the Committee on Transportation and 8 Infrastructure of the House of Representatives a re- 9 port that— 10 (A) summarizes the findings of each direct 11 recipient provided under paragraph (1); 12 (B) describes the efforts undertaken by 13 both direct recipients and the Secretary to en- 14 sure compliance with the requirements of title 15 23 and chapter 53 of title 49, United States 16 Code; 17 (C) analyzes the capacity of direct recipi- 18 ents to receive direct allocations of funds under 19 chapter 1 of title 23, United States Code; and 20 (D) provides recommendations from the 21 Secretary to— 22 (i) improve the administration, over- 23 sight, and performance of the program es- 24 tablished under this section; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 339 •HR 3684 IH (ii) improve the effectiveness of direct 1 recipients to complete projects and obligate 2 funds in a timely manner; and 3 (iii) evaluate options to expand the 4 authority provided under this section, in- 5 cluding to allow for the direct allocation to 6 metropolitan planning organizations of 7 funds made available to carry out clause 8 (i) or (ii) of section 133(d)(1)(A) of title 9 23, United States Code. 10 (3) UPDATE.—Not less frequently than every 2 11 years, the Secretary shall update the report de- 12 scribed in paragraph (2). 13 (h) DEFINITIONS.— 14 (1) DIRECT RECIPIENT.—In this section, the 15 term ‘‘direct recipient’’ means a metropolitan plan- 16 ning organization designated by the Secretary as 17 high-performing under subsection (b) and that was 18 directly allocated funds as described in subsection 19 (d). 20 (2) METROPOLITAN PLANNING AREA.—The 21 term ‘‘metropolitan planning area’’ has the meaning 22 given such term in section 134 of title 23, United 23 States Code. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 340 •HR 3684 IH (3) METROPOLITAN PLANNING ORGANIZA- 1 TION.—The term ‘‘metropolitan planning organiza- 2 tion’’ has the meaning given such term in section 3 134 of title 23, United States Code. 4 (4) NATIONAL HIGHWAY SYSTEM.—The term 5 ‘‘National Highway System’’ has the meaning given 6 such term in section 101 of title 23, United States 7 Code. 8 (5) STATE.—The term ‘‘State’’ has the mean- 9 ing given such term in section 101 of title 23, 10 United States Code. 11 (6) URBANIZED AREA.—The term ‘‘urbanized 12 area’’ has the meaning given such term in section 13 134 of title 23, United States Code. 14 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 15 (a) ESTABLISHMENT.—The Secretary of Transpor- 16 tation shall establish a gridlock reduction program to 17 make grants, on a competitive basis, for projects to re- 18 duce, and mitigate the adverse impacts of, traffic conges- 19 tion. 20 (b) APPLICATIONS.—To be eligible for a grant under 21 this section, an applicant shall submit to the Secretary an 22 application in such form, at such time, and containing 23 such information as the Secretary determines appropriate. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 341 •HR 3684 IH (c) ELIGIBLE APPLICANTS.—The Secretary may 1 make grants under this section to an applicant that is 2 serving a combined statistical area, as defined by the Of- 3 fice of Management and Budget, with a population of not 4 less than 1,300,000 and that is— 5 (1) a metropolitan planning organization; 6 (2) a unit of local government or a group of 7 local governments; 8 (3) a multijurisdictional group of entities de- 9 scribed in paragraphs (1) and (2); 10 (4) a special purpose district or public authority 11 with a transportation function, including a port au- 12 thority; or 13 (5) a State that is in partnership with an entity 14 or group of entities described in paragraph (1), (2), 15 or (3). 16 (d) ELIGIBLE PROJECTS.—The Secretary may award 17 grants under this section to applicants that submit a com- 18 prehensive program of surface transportation-related 19 projects to reduce traffic congestion and related adverse 20 impacts, including a project for one or more of the fol- 21 lowing: 22 (1) Transportation systems management and 23 operations. 24 (2) Intelligent transportation systems. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 342 •HR 3684 IH (3) Real-time traveler information. 1 (4) Traffic incident management. 2 (5) Active traffic management. 3 (6) Traffic signal timing. 4 (7) Multimodal travel payment systems. 5 (8) Transportation demand management, in- 6 cluding employer-based commuting programs such 7 as carpool, vanpool, transit benefit, parking cashout, 8 shuttle, or telework programs. 9 (9) A project to provide transportation options 10 to reduce traffic congestion, including— 11 (A) a project under chapter 53 of title 49, 12 United States Code; 13 (B) a bicycle or pedestrian project, includ- 14 ing a project to provide safe and connected ac- 15 tive transportation networks; and 16 (C) a surface transportation project car- 17 ried out in accordance with the national travel 18 and tourism infrastructure strategic plan under 19 section 1431(e) of the FAST Act (49 U.S.C. 20 301 note). 21 (10) Any other project, as determined appro- 22 priate by the Secretary. 23 (e) AWARD PRIORITIZATION.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 343 •HR 3684 IH (1) IN GENERAL.—In selecting grants under 1 this section, the Secretary shall prioritize applicants 2 serving urbanized areas, as described in subsection 3 (c), that are experiencing a high degree of recurrent 4 transportation congestion, as determined by the Sec- 5 retary. 6 (2) ADDITIONAL CONSIDERATIONS.—In select- 7 ing grants under this section, the Secretary shall 8 also consider the extent to which the project 9 would— 10 (A) reduce traffic congestion and improve 11 the reliability of the surface transportation sys- 12 tem; 13 (B) mitigate the adverse impacts of traffic 14 congestion on the surface transportation sys- 15 tem, including safety and environmental im- 16 pacts; 17 (C) maximize the use of existing capacity; 18 and 19 (D) employ innovative, integrated, and 20 multimodal solutions to the items described in 21 subparagraphs (A), (B), and (C). 22 (f) FEDERAL SHARE.— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 344 •HR 3684 IH (1) IN GENERAL.—The Federal share of the 1 cost of a project carried out under this section may 2 not exceed 60 percent. 3 (2) MAXIMUM FEDERAL SHARE.—Federal as- 4 sistance other than a grant for a project under this 5 section may be used to satisfy the non-Federal share 6 of the cost of such project, except that the total Fed- 7 eral assistance provided for a project receiving a 8 grant under this section may not exceed 80 percent 9 of the total project cost. 10 (g) USE OF FUNDS.—Funds made available for a 11 project under this section may be used for— 12 (1) development phase activities, including plan- 13 ning, feasibility analysis, revenue forecasting, envi- 14 ronmental review, preliminary engineering and de- 15 sign work, and other preconstruction activities; and 16 (2) construction, reconstruction, rehabilitation, 17 acquisition of real property (including land related 18 to the project and improvements to the land), envi- 19 ronmental mitigation, construction contingencies, ac- 20 quisition of equipment, and operational improve- 21 ments. 22 (h) FUNDING.— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 345 •HR 3684 IH (1) GRANT AMOUNT.—A grant under this sec- 1 tion shall be in an amount not less than 2 $10,000,000 and not more than $50,000,000. 3 (2) AVAILABILITY.—Funds made available 4 under this program shall be available until expended. 5 (i) FREIGHT PROJECT SET-ASIDE.— 6 (1) IN GENERAL.—The Secretary shall set aside 7 not less than 50 percent of the funds made available 8 to carry out this section for grants for freight 9 projects under this subsection. 10 (2) ELIGIBLE USES.—The Secretary shall pro- 11 vide funds set aside under this subsection to appli- 12 cants that submit a comprehensive program of sur- 13 face transportation-related projects to reduce 14 freight-related traffic congestion and related adverse 15 impacts, including— 16 (A) freight intelligent transportation sys- 17 tems; 18 (B) real-time freight parking information; 19 (C) real-time freight routing information; 20 (D) freight transportation and delivery 21 safety projects; 22 (E) first-mile and last-mile delivery solu- 23 tions; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 346 •HR 3684 IH (F) shifting freight delivery to off-peak 1 travel times; 2 (G) reducing greenhouse gas emissions and 3 air pollution from freight transportation and 4 delivery, including through the use of innovative 5 vehicles that produce fewer greenhouse gas 6 emissions; 7 (H) use of centralized delivery locations; 8 (I) designated freight vehicle parking and 9 staging areas; 10 (J) curb space management; and 11 (K) other projects, as determined appro- 12 priate by the Secretary. 13 (3) AWARD PRIORITIZATION.— 14 (A) IN GENERAL.—In providing funds set 15 aside under this section, the Secretary shall 16 prioritize applicants serving urbanized areas, as 17 described in subsection (c), that are experi- 18 encing a high degree of recurrent congestion 19 due to freight transportation, as determined by 20 the Secretary. 21 (B) ADDITIONAL CONSIDERATIONS.—In 22 providing funds set aside under this subsection, 23 the Secretary shall consider the extent to which 24 the proposed project— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 347 •HR 3684 IH (i) reduces freight-related traffic con- 1 gestion and improves the reliability of the 2 freight transportation system; 3 (ii) mitigates the adverse impacts of 4 freight-related traffic congestion on the 5 surface transportation system, including 6 safety and environmental impacts; 7 (iii) maximizes the use of existing ca- 8 pacity; 9 (iv) employs innovative, integrated, 10 and multimodal solutions to the items de- 11 scribed in clauses (i) through (iii); 12 (v) leverages Federal funds with non- 13 Federal contributions; and 14 (vi) integrates regional multimodal 15 transportation management and oper- 16 ational projects that address both pas- 17 senger and freight congestion. 18 (4) FLEXIBILITY.—If the Secretary determines 19 that there are insufficient qualified applicants to use 20 the funds set aside under this subsection, the Sec- 21 retary may use such funds for grants for any 22 projects eligible under this section. 23 (j) REPORT.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 348 •HR 3684 IH (1) RECIPIENT REPORT.—The Secretary shall 1 ensure that not later than 2 years after the Sec- 2 retary awards grants under this section, the recipi- 3 ent of each such grant submits to the Secretary a 4 report that contains— 5 (A) information on each activity or project 6 that received funding under this section; 7 (B) a summary of any non-Federal re- 8 sources leveraged by a grant under this section; 9 (C) any statistics, measurements, or quan- 10 titative assessments that demonstrate the con- 11 gestion reduction, reliability, safety, and envi- 12 ronmental benefits achieved through activities 13 or projects that received funding under this sec- 14 tion; and 15 (D) any additional information required by 16 the Secretary. 17 (2) REPORT TO CONGRESS.—Not later than 9 18 months after the date specified in paragraph (1), the 19 Secretary shall submit to the Committee on Trans- 20 portation and Infrastructure of the House of Rep- 21 resentatives and the Committee on Environment and 22 Public Works, the Committee on Commerce, Science, 23 and Transportation, and the Committee on Banking, 24 Housing, and Urban Affairs of the Senate, and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 349 •HR 3684 IH make publicly available on a website, a report detail- 1 ing— 2 (A) a summary of any information pro- 3 vided under paragraph (1); and 4 (B) recommendations and best practices 5 to— 6 (i) reduce traffic congestion, including 7 freight-related traffic congestion, and im- 8 prove the reliability of the surface trans- 9 portation system; 10 (ii) mitigate the adverse impacts of 11 traffic congestion, including freight-related 12 traffic congestion, on the surface transpor- 13 tation system, including safety and envi- 14 ronmental impacts; and 15 (iii) employ innovative, integrated, 16 and multimodal solutions to the items de- 17 scribed in clauses (i) and (ii). 18 (k) NOTIFICATION.—Not later than 3 business days 19 before awarding a grant under this section, the Secretary 20 shall notify the Committee on Transportation and Infra- 21 structure of the House of Representatives and the Com- 22 mittee on Environment and Public Works, the Committee 23 on Commerce, Science, and Transportation, and the Com- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 350 •HR 3684 IH mittee on Banking, Housing, and Urban Affairs of the 1 Senate of the intention to award such a grant. 2 (l) TREATMENT OF PROJECTS.— 3 (1) FEDERAL REQUIREMENTS.—The Secretary 4 shall, with respect to a project funded by a grant 5 under this section, apply— 6 (A) the requirements of title 23, United 7 States Code, to a highway project; 8 (B) the requirements of chapter 53 of title 9 49, United States Code, to a public transpor- 10 tation project; and 11 (C) the requirements of section 22905 of 12 title 49, United States Code, to a passenger rail 13 or freight rail project. 14 (2) MULTIMODAL PROJECTS.— 15 (A) IN GENERAL.—Except as otherwise 16 provided in this paragraph, if an eligible project 17 is a multimodal project, the Secretary shall— 18 (i) determine the predominant modal 19 component of the project; and 20 (ii) apply the applicable requirements 21 of such predominant modal component to 22 the project. 23 (B) EXCEPTIONS.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 351 •HR 3684 IH (i) PASSENGER OR FREIGHT RAIL 1 COMPONENT.—For any passenger or 2 freight rail component of a project, the re- 3 quirements of section 22907(j)(2) of title 4 49, United States Code, shall apply. 5 (ii) PUBLIC TRANSPORTATION COMPO- 6 NENT.—For any public transportation 7 component of a project, the requirements 8 of section 5333 of title 49, United States 9 Code, shall apply. 10 (C) BUY AMERICA.—In applying the Buy 11 America requirements under section 313 of title 12 23, United States Code, and sections 5320, 13 22905(a), and 24305(f) of title 49, United 14 States Code, to a multimodal project under this 15 paragraph, the Secretary shall— 16 (i) consider the various modal compo- 17 nents of the project; and 18 (ii) seek to maximize domestic jobs. 19 (m) TREATMENT OF FUNDS.—Except as provided in 20 subsection (l), funds authorized for the purposes described 21 in this section shall be available for obligation in the same 22 manner as if the funds were apportioned under chapter 23 1 of title 23, United States Code. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 352 •HR 3684 IH SEC. 1307. REBUILD RURAL BRIDGES PROGRAM. 1 (a) ESTABLISHMENT.—The Secretary of Transpor- 2 tation shall establish a rebuild rural bridges program to 3 improve the safety and state of good repair of bridges in 4 rural communities. 5 (b) GRANT AUTHORITY.—In carrying out the pro- 6 gram established in subsection (a), the Secretary shall 7 make grants, on a competitive basis, to eligible applicants 8 in accordance with this section. 9 (c) APPLICATIONS.—To be eligible for a grant under 10 this section, an eligible entity shall submit to the Secretary 11 an application in such form, at such time, and containing 12 such information as the Secretary determines appropriate. 13 (d) ELIGIBLE PROJECTS.—The Secretary— 14 (1) shall provide grants under this section to 15 projects eligible under title 23, United States Code, 16 including projects on and off of the Federal-aid 17 highway system, to inspect, replace, rehabilitate, or 18 preserve— 19 (A) an off-system bridge; 20 (B) a bridge on Tribal land; or 21 (C) a bridge in poor condition located in a 22 rural community; and 23 (2) may provide a grant for a bundle of bridges 24 described in paragraph (1). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 353 •HR 3684 IH (e) ELIGIBLE PROJECT COSTS.—A recipient of a 1 grant under this section may use such grant for— 2 (1) development phase activities, including plan- 3 ning, feasibility analysis, revenue forecasting, envi- 4 ronmental review, preliminary engineering and de- 5 sign work, and other preconstruction activities; 6 (2) construction, reconstruction, rehabilitation, 7 acquisition of real property (including land related 8 to the project and improvements to the land), envi- 9 ronmental mitigation, and construction contin- 10 gencies; and 11 (3) bridge inspection, evaluation, and preserva- 12 tion. 13 (f) FEDERAL SHARE.— 14 (1) IN GENERAL.—The Federal share of the 15 cost of a project carried out using a grant under this 16 section may not exceed 80 percent of the total cost 17 of such project. 18 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 19 assistance other than a grant under this section may 20 be used to satisfy up to 100 percent of the total cost 21 of such project. 22 (g) CONSIDERATIONS.—In making grants under this 23 section, the Secretary shall consider— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 354 •HR 3684 IH (1) whether the project can be completed with- 1 out additional Federal funding or financial assist- 2 ance available to the project sponsor, beyond existing 3 Federal apportionments; and 4 (2) the level of benefits the project is expected 5 to generate, including— 6 (A) the costs avoided by the prevention of 7 closure or reduced use of the asset to be im- 8 proved by the project; 9 (B) reductions in maintenance costs over 10 the life of the asset; 11 (C) safety benefits, including the reduction 12 of accidents and related costs; and 13 (D) benefits to the economy of the rural or 14 Tribal community. 15 (h) INVESTMENTS IN COLONIAS.— 16 (1) IN GENERAL.—Of the grants made available 17 under this section, not less than $10,000,000 for fis- 18 cal years 2023 through 2026 shall be made available 19 to provide grants that improve the safety, state of 20 good repair, or connectivity through bridge invest- 21 ments in and providing access to, colonias. 22 (2) COLONIA DEFINED.—In this section, the 23 term ‘‘colonia’’ means any identifiable community 24 that— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 355 •HR 3684 IH (A) is in the State of Arizona, California, 1 New Mexico, or Texas; 2 (B) is in the area of the United States 3 within 150 miles of the border between the 4 United States and Mexico, except that the term 5 does not include any standard metropolitan sta- 6 tistical area that has a population exceeding 7 1,000,000; 8 (C) is determined to be a colonia on the 9 basis of objective criteria, including lack of po- 10 table water supply, lack of adequate sewage sys- 11 tems, and lack of decent, safe, and sanitary 12 housing; and 13 (D) was in existence as a colonia before 14 November 28, 1990. 15 (i) NOTIFICATION.—Not later than 3 business days 16 before awarding a grant under this section, the Secretary 17 shall notify the Committee on Transportation and Infra- 18 structure of the House of Representatives and the Com- 19 mittee on Environment and Public Works of the Senate 20 of the intention to award such a grant. 21 (j) DEFINITIONS.—In this section: 22 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 23 applicant’’ means— 24 (A) a State; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 356 •HR 3684 IH (B) a metropolitan planning organization 1 or a regional transportation planning organiza- 2 tion; 3 (C) a unit of local government; 4 (D) a Federal land management agency; 5 (E) an Indian Tribe or Tribal organiza- 6 tion; 7 (F) a territory; and 8 (G) a multijurisdictional group of entities 9 described in subparagraph (A) through (F). 10 (2) OFF SYSTEM BRIDGE.—The term ‘‘off-sys- 11 tem bridge’’ has the meaning given such term in sec- 12 tion 133(f) of title 23, United States Code, (as 13 added by this Act). 14 (3) RURAL COMMUNITY.—The term ‘‘rural 15 community’’ means an area that is not an urbanized 16 area, as such term is defined in section 101(a) of 17 title 23, United States Code. 18 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 19 (a) ESTABLISHMENT.—The Secretary of Transpor- 20 tation shall establish a program under which the Secretary 21 shall make grants, on a competitive basis, to eligible enti- 22 ties to address the shortage of parking for commercial 23 motor vehicles to improve the safety of commercial motor 24 vehicle operators. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 357 •HR 3684 IH (b) APPLICATIONS.—To be eligible for a grant under 1 this section, an eligible entity shall submit to the Secretary 2 an application in such form, at such time, and containing 3 such information as the Secretary may require. 4 (c) ELIGIBLE PROJECTS.—Projects eligible under 5 this section are projects that— 6 (1) construct safety rest areas that include 7 parking for commercial motor vehicles; 8 (2) construct commercial motor vehicle parking 9 facilities— 10 (A) adjacent to private commercial truck- 11 stops and travel plazas; 12 (B) within the boundaries of, or adjacent 13 to, a publicly owned freight facility, including a 14 port terminal operated by a public authority; 15 and 16 (C) at existing facilities, including inspec- 17 tion and weigh stations and park-and-ride loca- 18 tions; 19 (3) open existing weigh stations, safety rest 20 areas, and park-and-ride facilities to commercial 21 motor vehicle parking; 22 (4) facilitate access to publicly and privately 23 provided commercial motor vehicle parking, such as 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 358 •HR 3684 IH through the use of intelligent transportation sys- 1 tems; 2 (5) construct turnouts along a Federal-aid 3 highway for commercial motor vehicles; 4 (6) make capital improvements to public com- 5 mercial motor vehicle parking facilities that are 6 closed on a seasonal basis to allow the facilities to 7 remain open year-round; 8 (7) open existing commercial motor vehicle 9 chain-up areas that are closed on a seasonal basis to 10 allow the facilities to remain open year-round for 11 commercial motor vehicle parking; 12 (8) address commercial motor vehicle parking 13 and layover needs in emergencies that strain the ca- 14 pacity of existing publicly and privately provided 15 commercial motor vehicle parking; and 16 (9) make improvements to existing commercial 17 motor vehicle parking facilities, including advanced 18 truckstop electrification systems. 19 (d) USE OF FUNDS.— 20 (1) IN GENERAL.—An eligible entity may use a 21 grant under this section for— 22 (A) development phase activities, including 23 planning, feasibility analysis, benefit-cost anal- 24 ysis, environmental review, preliminary engi- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 359 •HR 3684 IH neering and design work, and other 1 preconstruction activities necessary to advance 2 a project described in subsection (c); and 3 (B) construction and operational improve- 4 ments, as such terms are defined in section 101 5 of title 23, United States Code. 6 (2) PRIVATE SECTOR PARTICIPATION.—An eli- 7 gible entity that receives a grant under this section 8 may partner with a private entity to carry out an eli- 9 gible project under this section. 10 (3) LIMITATION.—Not more than 10 percent of 11 the amounts made available to carry out this section 12 may be used to promote the availability of existing 13 commercial motor vehicle parking. 14 (e) SELECTION CRITERIA.—In making grants under 15 this section, the Secretary shall consider— 16 (1) in the case of construction of new commer- 17 cial motor vehicle parking capacity, the shortage of 18 public and private commercial motor vehicle parking 19 near the project; and 20 (2) the extent to which each project— 21 (A) would increase commercial motor vehi- 22 cle parking capacity or utilization; 23 (B) would facilitate the efficient movement 24 of freight; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 360 •HR 3684 IH (C) would improve safety, traffic conges- 1 tion, and air quality; 2 (D) is cost effective; and 3 (E) reflects consultation with motor car- 4 riers, commercial motor vehicle operators, and 5 private providers of commercial motor vehicle 6 parking. 7 (f) NOTIFICATION OF CONGRESS.—Not later than 3 8 business days before announcing a project selected to re- 9 ceive a grant under this section, the Secretary of Trans- 10 portation shall notify the Committee on Transportation 11 and Infrastructure of the House of Representatives and 12 the Committee on Environment and Public Works of the 13 Senate of the intention to award such a grant. 14 (g) FEDERAL SHARE.—The Federal share of the cost 15 of a project under this section shall be determined in ac- 16 cordance with subsections (b) and (c) of section 120 of 17 title 23, United States Code. 18 (h) PROHIBITION ON CHARGING FEES.—To be eligi- 19 ble for a grant under this section, an eligible entity shall 20 certify that no fees will be charged for the use of a project 21 assisted with such grant. 22 (i) AMENDMENT TO MAP–21.—Section 1401(c)(1) 23 of MAP–21 (23 U.S.C. 137 note) is amended— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 361 •HR 3684 IH (1) by inserting ‘‘and private providers of com- 1 mercial motor vehicle parking’’ after ‘‘personnel’’; 2 and 3 (2) in subparagraph (A) by striking ‘‘the capa- 4 bility of the State to provide’’ and inserting ‘‘the 5 availability of’’. 6 (j) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 7 (1) UPDATE.—Not later than 2 years after the 8 date of enactment of this Act, the Secretary shall 9 update the survey of each State required under sec- 10 tion 1401(c)(1) of the MAP–21 (23 U.S.C. 137 11 note). 12 (2) REPORT.—Not later than 1 year after the 13 deadline under paragraph (1), the Secretary shall 14 publish on the website of the Department of Trans- 15 portation a report that— 16 (A) evaluates the availability of adequate 17 parking and rest facilities for commercial motor 18 vehicles engaged in interstate transportation; 19 (B) evaluates the effectiveness of the 20 projects funded under this section in improving 21 access to commercial motor vehicle parking; and 22 (C) reports on the progress being made to 23 provide adequate commercial motor vehicle 24 parking facilities in the State. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 362 •HR 3684 IH (3) CONSULTATION.—The Secretary shall pre- 1 pare the report required under paragraph (2) in con- 2 sultation with— 3 (A) relevant State motor carrier safety 4 personnel; 5 (B) motor carriers and commercial motor 6 vehicle operators; and 7 (C) private providers of commercial motor 8 vehicle parking. 9 (k) DEFINITIONS.—In this section: 10 (1) COMMERCIAL MOTOR VEHICLE.—The term 11 ‘‘commercial motor vehicle’’ has the meaning given 12 such term in section 31132 of title 49, United 13 States Code. 14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 15 ty’’ means— 16 (A) a State; 17 (B) a metropolitan planning organization; 18 (C) a unit of local government; 19 (D) a political subdivision of a State or 20 local government carrying out responsibilities 21 relating to commercial motor vehicle parking; 22 and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 363 •HR 3684 IH (E) a multistate or multijurisdictional 1 group of entities described in subparagraphs 2 (A) through (D). 3 (3) SAFETY REST AREA.—The term ‘‘safety 4 rest area’’ has the meaning given such term in sec- 5 tion 120(c) of title 23, United States Code. 6 SEC. 1309. ACTIVE CONNECTED TRANSPORTATION GRANT 7 PROGRAM. 8 (a) ESTABLISHMENT.—The Secretary of Transpor- 9 tation shall establish an active connected transportation 10 grant program to provide for safe and connected active 11 transportation networks and active transportation connec- 12 tors. 13 (b) GRANT AUTHORITY.—In carrying out the pro- 14 gram established in subsection (a), the Secretary shall 15 make grants, on a competitive basis, in accordance with 16 this section. 17 (c) ELIGIBLE APPLICANTS.—The Secretary may 18 make a grant under this section to— 19 (1) a State; 20 (2) a metropolitan planning organization; 21 (3) a regional transportation authority; 22 (4) a unit of local government, including a 23 county or multi-county special district; 24 (5) a Federal land management agency; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 364 •HR 3684 IH (6) a natural resource or public land agency; 1 (7) an Indian Tribe or Tribal organization; 2 (8) any local or regional governmental entity 3 with responsibility for or oversight of transportation 4 or recreational trails; and 5 (9) a multistate or multijurisdictional group of 6 entities described in this subsection. 7 (d) APPLICATIONS.—To be eligible for a grant under 8 this section, an entity specified under subsection (c) shall 9 submit to the Secretary an application in such form, at 10 such time, and containing such information as the Sec- 11 retary determines appropriate. 12 (e) ELIGIBLE PROJECTS.—The Secretary shall pro- 13 vide grants under this section to projects that improve the 14 connectivity and the use of active transportation facili- 15 ties— 16 (1) including— 17 (A) active transportation networks; 18 (B) active transportation connectors; and 19 (C) planning related to the development 20 of— 21 (i) active transportation networks; 22 (ii) active transportation connectors; 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 365 •HR 3684 IH (iii) vision zero plans or complete 1 streets prioritization plans under section 2 1601; and 3 (2) that have— 4 (A) total project costs of not less than 5 $15,000,000; or 6 (B) in the case of planning grants under 7 subsection (f)(2), a total cost of not less than 8 $100,000. 9 (f) USE OF FUNDS.— 10 (1) IN GENERAL.—Of the amounts made avail- 11 able to carry out this section for fiscal years 2023 12 through 2026 and except as provided in paragraph 13 (2), the Secretary shall obligate— 14 (A) not less than 30 percent to eligible 15 projects that construct active transportation 16 networks; and 17 (B) not less than 30 percent to eligible 18 projects that construct active transportation 19 connectors. 20 (2) PLANNING GRANTS.—Of the amounts made 21 available to carry out this section for fiscal years 22 2023 through 2026, the Secretary may use not more 23 than 10 percent to provide planning grants to eligi- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 366 •HR 3684 IH ble applicants for activities under subsection 1 (e)(1)(C). 2 (g) CONSIDERATIONS.—In making grants under this 3 section, the Secretary shall consider the extent to which— 4 (1) a project is likely to provide substantial ad- 5 ditional opportunities for active transportation, in- 6 cluding walking and bicycling, including through the 7 creation of— 8 (A) active transportation networks con- 9 necting destinations within or between commu- 10 nities, including between schools, workplaces, 11 residences, businesses, recreation areas, and 12 other community areas; and 13 (B) active transportation connectors con- 14 necting 2 or more communities, metropolitan 15 areas, or States, including greenway paths; 16 (2) an applicant has adequately considered or 17 will consider, including through the opportunity for 18 public comment, the environmental justice and eq- 19 uity impacts of the project; 20 (3) the project would improve safety for vulner- 21 able road users, including through the use of com- 22 plete street design policies or a safe system ap- 23 proach; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 367 •HR 3684 IH (4) a project integrates active transportation fa- 1 cilities with public transportation services, where 2 available, to improve access to public transportation. 3 (h) LIMITATION.— 4 (1) IN GENERAL.—The share of the cost of a 5 project assisted with a grant under this section may 6 not exceed 80 percent. 7 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 8 assistance other than a grant under this section may 9 be used to satisfy up to 100 percent of the total 10 project cost. 11 (i) ELIGIBLE PROJECT COSTS.—Amounts made 12 available for a project under this section may be used 13 for— 14 (1) development phase activities, including plan- 15 ning, feasibility analysis, revenue forecasting, envi- 16 ronmental review, preliminary engineering and de- 17 sign work, and other preconstruction activities; and 18 (2) construction, reconstruction, rehabilitation, 19 acquisition of real property (including land related 20 to the project and improvements to the land), envi- 21 ronmental mitigation, construction contingencies, ac- 22 quisition of equipment, and operational improve- 23 ments. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 368 •HR 3684 IH (j) NOTIFICATION.—Not later than 3 business days 1 before awarding a grant under this section, the Secretary 2 of Transportation shall notify the Committee on Transpor- 3 tation and Infrastructure of the House of Representatives 4 and the Committee on Environment and Public Works of 5 the Senate of the intention to award such a grant. 6 (k) DEFINITIONS.—In this section: 7 (1) ACTIVE TRANSPORTATION NETWORK.—The 8 term ‘‘active transportation network’’ means facili- 9 ties built for alternative methods of transportation 10 to motor vehicles for individuals, including side- 11 walks, bikeways, and pedestrian and bicycle trails, 12 that connect destinations within an area covered by 13 a unit of local government, a county, a community, 14 including a community on Federal lands, or a metro- 15 politan area. 16 (2) ACTIVE TRANSPORTATION CONNECTOR.— 17 The term ‘‘active transportation connector’’ means 18 facilities built for alternative methods of transpor- 19 tation to motor vehicles for individuals, including 20 sidewalks, bikeways, and pedestrian and bicycle 21 trails, that connect 2 or more active transportation 22 networks or connect communities, areas covered by 23 a unit of local government, counties, metropolitan 24 areas, Federal lands, or States. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 369 •HR 3684 IH (3) GREENWAY PATH.—The term ‘‘greenway 1 path’’ means an active transportation connector 2 that— 3 (A) crosses jurisdictional boundaries, in- 4 cluding State lines, and provides for 5 connectivity between multiple communities, 6 counties, metropolitan areas, or States; or 7 (B) is a component of a regionally or na- 8 tionally significant network. 9 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 10 system approach’’ has the meaning given such term 11 in section 148(a) of title 23, United States Code. 12 (5) VULNERABLE ROAD USER.—The term ‘‘vul- 13 nerable road user’’ has the meaning given such term 14 in section 148(a) of title 23, United States Code. 15 SEC. 1310. WILDLIFE CROSSINGS PROGRAM. 16 (a) ESTABLISHMENT.—The Secretary shall establish 17 a competitive wildlife crossings grant program (referred 18 to in this section as the ‘‘program’’) to provide grants for 19 projects that seek to achieve— 20 (1) a reduction in the number of wildlife-vehicle 21 collisions; and 22 (2) improved habitat connectivity for terrestrial 23 and aquatic species. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 370 •HR 3684 IH (b) ELIGIBLE ENTITIES.—The Secretary may make 1 grants under the program to the following entities: 2 (1) A State. 3 (2) An Indian Tribe or Tribal organization. 4 (3) A territory. 5 (4) A Federal land management agency de- 6 scribed in section 203(b) of title 23, United States 7 Code. 8 (5) A group of entities described in paragraphs 9 (1) through (4). 10 (c) APPLICATIONS.—To be eligible to receive a grant 11 under the program, an eligible entity shall submit to the 12 Secretary an application at such time, in such manner, 13 and containing such information as the Secretary may re- 14 quire. 15 (d) CONSIDERATIONS.—In selecting grant recipients 16 under the program, the Secretary shall consider the fol- 17 lowing: 18 (1) PRIMARY CRITERIA.—The extent to which 19 the proposed project is likely to protect motorists 20 and wildlife by reducing the number of wildlife-vehi- 21 cle collisions and improve habitat connectivity for 22 terrestrial and aquatic species. 23 (2) SECONDARY CRITERIA.— 24 (A) The resilience benefits of the project. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 371 •HR 3684 IH (B) The extent to which the project incor- 1 porates climate science, including expected 2 changes in migration patterns. 3 (C) The extent to which the project spon- 4 sor has coordinated with the relevant State 5 agency with jurisdiction over fish and wildlife, 6 if appropriate. 7 (D) In the case of a project involving spe- 8 cies listed as threatened species or endangered 9 species under the Endangered Species Act of 10 1973 (16 U.S.C. 1531 et seq.), whether the 11 project sponsor has coordinated with the United 12 States Fish and Wildlife Service. 13 (E) Other ecological benefits of the project, 14 including— 15 (i) reductions in stormwater runoff 16 and other water pollution; and 17 (ii) the benefits of improved habitat 18 connectivity for pollinators and the use of 19 natively appropriate grasses. 20 (F) Whether the project supports local eco- 21 nomic development and improvement of visita- 22 tion opportunities. 23 (G) The extent to which the project incor- 24 porates innovative technologies, including ad- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 372 •HR 3684 IH vanced design techniques and other strategies 1 to enhance efficiency and effectiveness in reduc- 2 ing wildlife-vehicle collisions and improving 3 habitat connectivity for terrestrial and aquatic 4 species. 5 (H) The extent to which the project pro- 6 vides educational and outreach opportunities. 7 (I) Whether the project will further re- 8 search to evaluate, compare effectiveness of, 9 and identify best practices in selected projects. 10 (J) How the benefits compare to the costs 11 of the project. 12 (K) Any other criteria relevant to reducing 13 the number of wildlife-vehicle collisions and im- 14 proving habitat connectivity for terrestrial and 15 aquatic species, as the Secretary determines to 16 be appropriate. 17 (e) ELIGIBLE PROJECT COSTS.—Grant amounts for 18 a project under this section may be used for— 19 (1) development phase activities, including plan- 20 ning, feasibility analysis, revenue forecasting, envi- 21 ronmental review, preliminary engineering and de- 22 sign work, and other preconstruction activities; 23 (2) construction (including construction of pro- 24 tective features), reconstruction, rehabilitation, ac- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 373 •HR 3684 IH quisition of real property (including land related to 1 the project and improvements to the land), environ- 2 mental mitigation, construction contingencies, acqui- 3 sition of equipment, and operational improvements; 4 and 5 (3) planning and technical assistance activities 6 consistent with section 5107 of title 49, United 7 States Code, including— 8 (A) data collection on wildlife-vehicle colli- 9 sions; 10 (B) integration of State, Tribal, territorial, 11 regional, or Federal wildlife conservation plans 12 and data collection with transportation planning 13 and project selection; 14 (C) technical assistance, including work- 15 force development training, on reducing wildlife- 16 vehicle collisions and improving habitat 17 connectivity for terrestrial and aquatic species; 18 and 19 (D) education and public outreach to re- 20 duce wildlife-vehicle collisions. 21 (f) PARTNERSHIPS.— 22 (1) IN GENERAL.—A grant received under the 23 program may be used to provide funds to an eligible 24 partner as a subrecipient, in accordance with the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 374 •HR 3684 IH terms of the project agreement and subject to the 1 requirements of this section. 2 (2) ELIGIBLE PARTNER DEFINED.—In this sec- 3 tion, the term ‘‘eligible partner’’ means— 4 (A) an eligible entity described in sub- 5 section (b); 6 (B) a metropolitan planning organization; 7 (C) a unit of local government; 8 (D) a regional transportation authority; 9 (E) a special purpose district or public au- 10 thority with a transportation function, including 11 a port authority; 12 (F) a non-profit entity or institution of 13 higher education; or 14 (G) a Federal, Tribal, regional, State, or 15 local governmental entity not described in sub- 16 section (b). 17 (g) REQUIREMENTS.— 18 (1) RURAL PROJECTS.—The Secretary shall re- 19 serve not less than 50 percent of the amounts made 20 available under this section for projects located in a 21 rural community. 22 (2) RESILIENCE.—A project under this section 23 shall be designed to ensure resilience over the antici- 24 pated service life of the asset. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 375 •HR 3684 IH (3) LIMITATION.—The Secretary may not 1 award more than 10 percent of the amounts made 2 available under this section for grants that propose 3 only activities described in subsection (e)(3). 4 (h) NOTIFICATION.—Not later than 3 business days 5 before awarding a grant under this section, the Secretary 6 shall notify the Committee on Transportation and Infra- 7 structure of the House of Representatives and the Com- 8 mittee on Environment and Public Works of the Senate 9 of the intention to award such a grant. 10 (i) ANNUAL REPORT.— 11 (1) IN GENERAL.—Not later than December 31 12 of each calendar year, the Secretary shall publish, on 13 the website of the Department of Transportation, a 14 report describing the activities under the program 15 for the fiscal year that ends during that calendar 16 year. 17 (2) CONTENTS.—The report under paragraph 18 (1) shall include— 19 (A) a detailed description of the activities 20 carried out under the program; 21 (B) an evaluation of the effectiveness of 22 the program in meeting the purposes described 23 in subsection (b); and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 376 •HR 3684 IH (C) policy recommendations, if any, to im- 1 prove the effectiveness of the program. 2 (j) DEFINITIONS.—In this section: 3 (1) PROTECTIVE FEATURES.—The term ‘‘pro- 4 tective features’’ has the meaning given such term in 5 section 101 of title 23, United States Code. 6 (2) RESILIENCE.—The term ‘‘resilience’’ has 7 the meaning given that term in section 101 of title 8 23, United States Code. 9 (3) RURAL COMMUNITY.—The term ‘‘rural 10 community’’ means any area of a State or territory 11 that is not an urbanized area, as such term is de- 12 fined in section 101 of title 23, United States Code. 13 (4) SECRETARY.—The term ‘‘Secretary’’ has 14 the meaning given such term in section 101 of title 15 23, United States Code. 16 (5) STATE.—The term ‘‘State’’ has the mean- 17 ing given such term in section 101 of title 23, 18 United States Code. 19 SEC. 1311. RECONNECTING NEIGHBORHOODS PROGRAM. 20 (a) ESTABLISHMENT.—The Secretary of Transpor- 21 tation shall establish a reconnecting neighborhoods pro- 22 gram under which an eligible entity may apply for funding 23 in order to identify, remove, replace, retrofit, or remediate 24 the effects from eligible facilities and restore or improve 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 377 •HR 3684 IH connectivity, mobility, and access in disadvantaged and 1 underserved communities, including— 2 (1) studying the feasibility and impacts of re- 3 moving, retrofitting, or remediating the effects on 4 community connectivity from an existing eligible fa- 5 cility; 6 (2) conducting preliminary engineering and 7 final design activities for a project to remove, ret- 8 rofit, or remediate the effects on community 9 connectivity from an existing eligible facility; and 10 (3) conducting construction activities necessary 11 to carry out a project to remove, retrofit, or reme- 12 diate the effects on community connectivity from an 13 existing eligible facility. 14 (b) ELIGIBLE ENTITIES.— 15 (1) IN GENERAL.—The Secretary may award a 16 planning grant or a capital construction grant to— 17 (A) a State; 18 (B) a unit of local government; 19 (C) an Indian Tribe or Tribal organization; 20 (D) a territory; 21 (F) a metropolitan planning organization; 22 (G) a transit agency; 23 (H) a special purpose district with a trans- 24 portation function; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 378 •HR 3684 IH (I) a group of entities described in this 1 paragraph. 2 (2) NONPROFITS.—An eligible entity may enter 3 into an agreement with a nonprofit organization to 4 carry out the eligible activities under this section. 5 (c) PLANNING GRANTS.— 6 (1) IN GENERAL.—The Secretary may award 7 grants (referred to in this section as a ‘‘planning 8 grants’’) to carry out planning activities described in 9 paragraph (2). 10 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The 11 planning activities referred to in paragraph (1) 12 are— 13 (A) planning studies to evaluate the feasi- 14 bility of removing, retrofitting, or remediating 15 an existing eligible facility to restore community 16 connectivity, including evaluations of— 17 (i) current traffic patterns on the eli- 18 gible facility proposed for removal, retrofit, 19 or remediation and the surrounding street 20 network; 21 (ii) the capacity of existing transpor- 22 tation networks to maintain mobility 23 needs; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 379 •HR 3684 IH (iii) an analysis of alternative roadway 1 designs or other uses for the right-of-way 2 of the eligible facility, including an analysis 3 of whether the available right-of-way would 4 suffice to create an alternative roadway de- 5 sign; 6 (iv) the effect of the removal, retrofit, 7 or remediation of the eligible facility on the 8 mobility of freight and people; 9 (v) the effect of the removal, retrofit, 10 or remediation of the eligible facility on the 11 safety of the traveling public; 12 (vi) the cost to remove, retrofit, or re- 13 mediate the eligible facility— 14 (I) to restore community 15 connectivity; and 16 (II) to convert the eligible facility 17 to a roadway design or use that in- 18 creases safety, mobility, and access 19 for all users, compared to any ex- 20 pected costs for necessary mainte- 21 nance or reconstruction of the eligible 22 facility; and 23 (vii) the environmental impacts of re- 24 taining or reconstructing the eligible facil- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 380 •HR 3684 IH ity and the anticipated effect of the pro- 1 posed alternative use or roadway design; 2 (B) public engagement activities to provide 3 opportunities for public input into a plan to re- 4 move, replace, retrofit, or remediate the effects 5 from an eligible facility; 6 (C) other transportation planning activities 7 required in advance of a project to remove, ret- 8 rofit, or remediate an existing eligible facility to 9 restore community connectivity, as determined 10 by the Secretary; 11 (D) evaluating land use and zoning 12 changes necessary to improve equity and maxi- 13 mize transit-oriented development in connection 14 with project eligible for a capital construction 15 grant, including activities eligible under section 16 5327 of title 49, United States Code; and 17 (E) establishment of anti-displacement and 18 equitable neighborhood revitalization strategies 19 in connection with project eligible for a capital 20 construction grant, including land acquisition, 21 land banking, and equitable transit-oriented de- 22 velopment. 23 (3) TECHNICAL ASSISTANCE.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 381 •HR 3684 IH (A) IN GENERAL.—The Secretary may 1 provide technical assistance described in sub- 2 paragraph (B) to an eligible entity. 3 (B) TECHNICAL ASSISTANCE DE- 4 SCRIBED.—The technical assistance referred to 5 in subparagraph (A) is technical assistance in 6 building organizational or community capac- 7 ity— 8 (i) to conduct transportation planning; 9 and 10 (ii) to identify innovative solutions to 11 challenges posed by existing eligible facili- 12 ties, including reconnecting communities 13 that— 14 (I) are bifurcated by eligible fa- 15 cilities; or 16 (II) lack safe, reliable, and af- 17 fordable transportation choices. 18 (4) SELECTION.—The Secretary shall— 19 (A) solicit applications for— 20 (i) planning grants; and 21 (ii) technical assistance under para- 22 graph (3); and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 382 •HR 3684 IH (B) evaluate applications for a planning 1 grant on the basis of the demonstration by the 2 applicant that— 3 (i) the eligible facility— 4 (I) creates barriers to mobility, 5 access, or economic development; or 6 (II) is not justified by current 7 and forecast future travel demand; 8 and 9 (ii) on the basis of preliminary assess- 10 ment into the feasibility of removing, retro- 11 fitting, or remediating the eligible facility 12 to restore community connectivity, and in- 13 crease safety, mobility, and access for all 14 users, further planning activities are nec- 15 essary and likely to be productive. 16 (5) AWARD AMOUNTS.—A planning grant may 17 not exceed $2,000,000 for any recipient. 18 (6) FEDERAL SHARE.—The total Federal share 19 of the cost of a planning activity for which a plan- 20 ning grant is used may not exceed 80 percent. 21 (7) PRIORITIES.—In selecting recipients of 22 planning grants and technical assistance under this 23 subsection, the Secretary shall give priority to an ap- 24 plication from a community that is economically dis- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 383 •HR 3684 IH advantaged, including an underserved community or 1 a community located in an area of persistent poverty 2 (as such term is defined in section 101 of title 23, 3 United States Code). 4 (d) CAPITAL CONSTRUCTION GRANTS.— 5 (1) ELIGIBLE ENTITIES.—The Secretary may 6 award grants (referred to in this section as a ‘‘cap- 7 ital construction grants’’) to eligible entities to carry 8 out eligible projects described in paragraph (3). 9 (2) PARTNERSHIPS.—In the case that the 10 owner of an eligible facility that is the subject of the 11 capital construction grant is not an eligible entity, 12 an eligible entity shall demonstrate the existence of 13 a partnership with the owner of the eligible facility. 14 (3) ELIGIBLE PROJECTS.—A project eligible to 15 be carried out with a capital construction grant in- 16 cludes the following: 17 (A) The removal, retrofit, or remediation 18 of the effects on community connectivity from 19 of an eligible facility. 20 (B) The replacement of an eligible facility 21 with a new facility that— 22 (i) restores community connectivity; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 384 •HR 3684 IH (ii) employs context sensitive solutions 1 appropriate for the surrounding commu- 2 nity; and 3 (iii) is otherwise eligible for funding 4 under title 23, United States Code. 5 (C) Support for community partnerships, 6 including a community advisory board described 7 under paragraph (7), in connection with a cap- 8 ital construction grant awarded under this sub- 9 section. 10 (D) Other activities required to remove, re- 11 place, retrofit, or remediate an existing eligible 12 facility, as determined by the Secretary. 13 (4) SELECTION.—The Secretary shall— 14 (A) solicit applications for capital construc- 15 tion grants; and 16 (B) evaluate applications on the basis of— 17 (i) the degree to which the project will 18 improve mobility and access through the 19 removal of barriers; 20 (ii) the appropriateness of removing, 21 retrofitting, or remediating the effects on 22 community connectivity from the eligible 23 facility, based on current traffic patterns 24 and the ability of the project and the re- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 385 •HR 3684 IH gional transportation network to absorb 1 transportation demand and provide safe 2 mobility and access; 3 (iii) the impact of the project on 4 freight movement; 5 (iv) the results of a cost-benefit anal- 6 ysis of the project; 7 (v) the opportunities for inclusive eco- 8 nomic development, including the existing 9 land use and whether the zoning provides 10 for equitable and transit-oriented develop- 11 ment of underutilized land; 12 (vi) the degree to which the eligible 13 facility is out of context with the current 14 or planned land use; 15 (vii) the results of any feasibility 16 study completed for the project; 17 (viii) whether the eligible facility is 18 likely to need replacement or significant re- 19 construction within the 20-year period be- 20 ginning on the date of the submission of 21 the application; 22 (ix) whether the project is consistent 23 with the relevant long-range transportation 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 386 •HR 3684 IH plan and included in the relevant statewide 1 transportation improvement program; and 2 (x) whether the project is consistent 3 with, and how the project would impact, 4 the relevant transportation performance 5 management targets. 6 (5) MINIMUM AWARD AMOUNTS.—A capital 7 construction grant shall be in an amount not less 8 than $5,000,000 for each recipient. 9 (6) FEDERAL SHARE.— 10 (A) IN GENERAL.—Subject to subpara- 11 graph (B), the Federal share of the total cost 12 of a project carried out using a capital con- 13 struction grant may not exceed 80 percent. 14 (B) MAXIMUM FEDERAL INVOLVEMENT.— 15 Federal assistance other than a capital con- 16 struction grant may be used to satisfy the non- 17 Federal share of the cost of a project for which 18 the grant is awarded. 19 (7) COMMUNITY ADVISORY BOARD.— 20 (A) IN GENERAL.—To help achieve inclu- 21 sive economic development benefits with respect 22 to the project for which a grant is awarded, a 23 grant recipient may form a community advisory 24 board, which, if formed, shall— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 387 •HR 3684 IH (i) facilitate community engagement 1 with respect to the project; and 2 (ii) track progress with respect to 3 commitments of the grant recipient to in- 4 clusive employment, contracting, and eco- 5 nomic development under the project. 6 (B) MEMBERSHIP.—If a grant recipient 7 forms a community advisory board under sub- 8 paragraph (A), the community advisory board 9 shall be composed of representatives of— 10 (i) the community; 11 (ii) owners of businesses that serve 12 the community; 13 (iii) labor organizations that represent 14 workers that serve the community; 15 (iv) State and local government; and 16 (v) private and non-profit organiza- 17 tions that represent local community devel- 18 opment. 19 (e) ADMINISTRATIVE EXPENSES.—Of amounts made 20 available to carry out this section, the Secretary may set 21 aside not more than $5,000,000 in each fiscal year for 22 the costs of administering the program under this section. 23 (f) TECHNICAL ASSISTANCE.—Of amounts made 24 available to carry out this section, the Secretary may set 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 388 •HR 3684 IH aside not more than $5,000,000 in each fiscal year to pro- 1 vide technical assistance to eligible entities under sub- 2 section (c)(3). 3 (g) ELIGIBLE FACILITY DEFINED.— 4 (1) IN GENERAL.—In this section, the term ‘‘el- 5 igible facility’’ means a highway or other transpor- 6 tation facility that creates a barrier to community 7 connectivity, including barriers to mobility, access, 8 or economic development, due to high speeds, grade 9 separations, or other design factors. 10 (2) INCLUSIONS.—In this section, the term ‘‘eli- 11 gible facility’’ may include— 12 (A) a limited access highway; 13 (B) a railway; 14 (C) a viaduct; 15 (D) a principal arterial facility; or 16 (E) any other transportation facility for 17 which the high speeds, grade separation, or 18 other design factors create an obstacle to 19 connectivity. 20 SEC. 1312. APPRENTICESHIP UTILIZATION. 21 (a) IN GENERAL.— 22 (1) CERTIFICATION REQUIREMENT.—To receive 23 a grant under sections 117 and 173 of title 23, 24 United States Code, and section 1311 of this Act, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 389 •HR 3684 IH each applicant shall include in a grant application a 1 certification that such applicant will ensure that any 2 contractor or subcontractor utilized in carrying out 3 activities with such grant— 4 (A) meets or exceeds the apprenticeship 5 employment goal; and 6 (B) to the extent practicable, employs 7 qualified apprentices from traditionally under- 8 represented populations, including women and 9 minorities, in meeting or exceeding such goal. 10 (2) EXCEPTIONS.—The Secretary may adjust 11 the requirements of this section if the grant appli- 12 cant— 13 (A) demonstrates a lack of availability of 14 qualified apprentices in a specific geographic 15 area; or 16 (B) makes a good faith effort to comply 17 with the requirements of this section. 18 (b) REGULATIONS.—The Secretary shall have the au- 19 thority to issue such regulations or other guidance, forms, 20 instructions, and publications as may be necessary or ap- 21 propriate to carry out the requirements of this section, in- 22 cluding reporting requirements for applicants awarded a 23 grant. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 390 •HR 3684 IH (c) REPORT TO CONGRESS.—Not later than 3 years 1 after the date of enactment of this Act, the Secretary shall 2 submit to the Committee on Transportation and Infra- 3 structure of the House of Representatives and the Com- 4 mittee on Environment and Public Works of the Senate 5 a report on the utilization of qualified apprentices for 6 projects carried out under sections 117 and 173 of title 7 23, United States Code, and section 1311 of this Act, that 8 includes— 9 (1) the total number of labor hours fulfilled by 10 qualified apprentices; 11 (2) the total number of qualified apprentices 12 employed; 13 (3) the total number of grant recipients that 14 met or exceeded the apprenticeship employment 15 goal; and 16 (4) best practices utilized by grant recipients 17 that met or exceeded the apprenticeship employment 18 goal. 19 (d) PUBLIC TRANSPARENCY.—At the end of each fis- 20 cal year, the Secretary shall make available on a public 21 website information on the utilization of qualified appren- 22 tices in the preceding fiscal year for each grant program 23 under sections 117 and 173 of title 23, United States 24 Code, and section 1311 of this Act, including— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 391 •HR 3684 IH (1) the total number of grant applicants that 1 certified they would be able to meet or exceed the 2 apprenticeship employment goal under subsection 3 (a); and 4 (2) the total number of grants awarded for 5 which applicants certified they would be able to meet 6 or exceed the apprenticeship employment goal. 7 (e) DEFINITIONS.—In this section: 8 (1) APPRENTICESHIP EMPLOYMENT GOAL.— 9 The term ‘‘apprenticeship employment goal’’ means 10 the utilization of qualified apprentices for not less 11 than 15 percent of the total labor hours used for 12 construction activities for a project. 13 (2) QUALIFIED APPRENTICE.—The term ‘‘quali- 14 fied apprentice’’ means an employee participating in 15 an apprenticeship program that— 16 (A) is registered with the Office of Appren- 17 ticeship of the Employment Training Adminis- 18 tration of the Department of Labor or a State 19 apprenticeship agency recognized by such Office 20 of Apprenticeship pursuant to the Act of Au- 21 gust 16, 1937 (29 U.S.C. 50 et seq.; commonly 22 known as the ‘‘National Apprenticeship Act’’); 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 392 •HR 3684 IH (B) satisfies the requirements of subpart A 1 of part 29 and part 30 of title 29, Code of Fed- 2 eral Regulations. 3 (3) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Transportation. 5 Subtitle D—Planning, Performance 6 Management, and Asset Man- 7 agement 8 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 9 Section 134 of title 23, United States Code, is 10 amended— 11 (1) in subsection (a) by striking ‘‘resiliency 12 needs while minimizing transportation-related fuel 13 consumption and air pollution’’ and inserting ‘‘resil- 14 ience and climate change adaptation needs while re- 15 ducing transportation-related fuel consumption, air 16 pollution, and greenhouse gas emissions’’; 17 (2) in subsection (b)— 18 (A) by redesignating paragraphs (6) and 19 (7) as paragraphs (7) and (8), respectively; and 20 (B) by inserting after paragraph (5) the 21 following: 22 ‘‘(6) STIP.—The term ‘STIP’ means a state- 23 wide transportation improvement program developed 24 by a State under section 135(g).’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 393 •HR 3684 IH (3) in subsection (c)— 1 (A) in paragraph (1) by striking ‘‘and 2 transportation improvement programs’’ and in- 3 serting ‘‘and TIPs’’; and 4 (B) by adding at the end the following: 5 ‘‘(4) CONSIDERATION.—In developing the plans 6 and TIPs, metropolitan planning organizations shall 7 consider direct and indirect emissions of greenhouse 8 gases.’’; 9 (4) in subsection (d)— 10 (A) in paragraph (2) by striking ‘‘Not 11 later than 2 years after the date of enactment 12 of MAP–21, each’’ and inserting ‘‘Each’’; 13 (B) in paragraph (3) by adding at the end 14 the following: 15 ‘‘(D) EQUITABLE AND PROPORTIONAL 16 REPRESENTATION.— 17 ‘‘(i) IN GENERAL.—In designating of- 18 ficials or representatives under paragraph 19 (2), the metropolitan planning organization 20 shall ensure the equitable and proportional 21 representation of the population of the 22 metropolitan planning area. 23 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 24 this paragraph shall require a metropolitan 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 394 •HR 3684 IH planning organization in existence on the 1 date of enactment of this subparagraph to 2 be restructured. 3 ‘‘(iii) REDESIGNATION.—Notwith- 4 standing clause (ii), the requirements of 5 this paragraph shall apply to any metro- 6 politan planning organization redesignated 7 under paragraph (6).’’; 8 (C) in paragraph (6)(B) by striking ‘‘para- 9 graph (2)’’ and inserting ‘‘paragraphs (2) or 10 (3)(D)’’; and 11 (D) in paragraph (7)— 12 (i) by striking ‘‘an existing metropoli- 13 tan planning area’’ and inserting ‘‘an ur- 14 banized area’’; and 15 (ii) by striking ‘‘the existing metro- 16 politan planning area’’ and inserting ‘‘the 17 area’’; 18 (5) in subsection (g)— 19 (A) in paragraph (1) by striking ‘‘a metro- 20 politan area’’ and inserting ‘‘an urbanized 21 area’’; 22 (B) in paragraph (2) by striking ‘‘MPOS’’ 23 and inserting ‘‘METROPOLITAN PLANNING 24 AREAS’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 395 •HR 3684 IH (C) in paragraph (3)(A) by inserting 1 ‘‘emergency response and evacuation, climate 2 change adaptation and resilience,’’ after ‘‘dis- 3 aster risk reduction,’’; and 4 (D) by adding at the end the following: 5 ‘‘(4) COORDINATION BETWEEN MPOS.— 6 ‘‘(A) IN GENERAL.—If more than one met- 7 ropolitan planning organization is designated 8 within an urbanized area under subsection 9 (d)(7), the metropolitan planning organizations 10 designated within the area shall ensure, to the 11 maximum extent practicable, the consistency of 12 any data used in the planning process, includ- 13 ing information used in forecasting transpor- 14 tation demand. 15 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 16 paragraph requires metropolitan planning orga- 17 nizations designated within a single urbanized 18 area to jointly develop planning documents, in- 19 cluding a unified long-range transportation plan 20 or unified TIP.’’; 21 (6) in subsection (h)(1)— 22 (A) by striking subparagraph (E) and in- 23 serting the following: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 396 •HR 3684 IH ‘‘(E) protect and enhance the environment, 1 promote energy conservation, reduce greenhouse 2 gas emissions, improve the quality of life and 3 public health, and promote consistency between 4 transportation improvements and State and 5 local planned growth and economic development 6 patterns, including housing and land use pat- 7 terns;’’; 8 (B) in subparagraph (I)— 9 (i) by inserting ‘‘, sea level rise, ex- 10 treme weather, and climate change’’ after 11 ‘‘stormwater’’; and 12 (ii) by striking ‘‘and’’ at the end; 13 (C) by redesignating subparagraph (J) as 14 subparagraph (M); and 15 (D) by inserting after subparagraph (I) the 16 following: 17 ‘‘(J) support emergency management, re- 18 sponse, and evacuation and hazard mitigation; 19 ‘‘(K) improve the level of transportation 20 system access; 21 ‘‘(L) support inclusive zoning policies and 22 land use planning practices that incentivize af- 23 fordable, elastic, and diverse housing supply, fa- 24 cilitate long-term economic growth by improving 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 397 •HR 3684 IH the accessibility of housing to jobs, and prevent 1 high housing costs from displacing economically 2 disadvantaged households; and’’; 3 (7) in subsection (h)(2) by striking subpara- 4 graph (A) and inserting the following: 5 ‘‘(A) IN GENERAL.—Through the use of a 6 performance-based approach, transportation in- 7 vestment decisions made as a part of the metro- 8 politan transportation planning process shall 9 support the national goals described in section 10 150(b), the achievement of metropolitan and 11 statewide targets established under section 12 150(d), the improvement of transportation sys- 13 tem access (consistent with section 150(f)), and 14 the general purposes described in section 5301 15 of title 49.’’; 16 (8) in subsection (i)— 17 (A) in paragraph (2)(D)(i) by inserting 18 ‘‘reduce greenhouse gas emissions and’’ before 19 ‘‘restore and maintain’’; 20 (B) in paragraph (2)(G) by inserting ‘‘and 21 climate change’’ after ‘‘infrastructure to natural 22 disasters’’; 23 (C) in paragraph (2)(H) by inserting 24 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 398 •HR 3684 IH (D) in paragraph (5)— 1 (i) in subparagraph (A) by inserting 2 ‘‘air quality, public health, housing, trans- 3 portation, resilience, hazard mitigation, 4 emergency management,’’ after ‘‘conserva- 5 tion,’’; and 6 (ii) by striking subparagraph (B) and 7 inserting the following: 8 ‘‘(B) ISSUES.—The consultation shall in- 9 volve, as appropriate, comparison of transpor- 10 tation plans to other relevant plans, including, 11 if available— 12 ‘‘(i) State conservation plans or maps; 13 and 14 ‘‘(ii) inventories of natural or historic 15 resources.’’; and 16 (E) by amending paragraph (6)(C) to read 17 as follows: 18 ‘‘(C) METHODS.— 19 ‘‘(i) IN GENERAL.—In carrying out 20 subparagraph (A), the metropolitan plan- 21 ning organization shall, to the maximum 22 extent practicable— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 399 •HR 3684 IH ‘‘(I) hold any public meetings at 1 convenient and accessible locations 2 and times; 3 ‘‘(II) employ visualization tech- 4 niques to describe plans; and 5 ‘‘(III) make public information 6 available in electronically accessible 7 format and means, such as the inter- 8 net, as appropriate to afford reason- 9 able opportunity for consideration of 10 public information under subpara- 11 graph (A). 12 ‘‘(ii) ADDITIONAL METHODS.—In ad- 13 dition to the methods described in clause 14 (i), in carrying out subparagraph (A), the 15 metropolitan planning organization shall, 16 to the maximum extent practicable— 17 ‘‘(I) use virtual public involve- 18 ment, social media, and other web- 19 based tools to encourage public par- 20 ticipation and solicit public feedback; 21 and 22 ‘‘(II) use other methods, as ap- 23 propriate, to further encourage public 24 participation of historically underrep- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 400 •HR 3684 IH resented individuals in the transpor- 1 tation planning process.’’; 2 (9) in subsection (j) by striking ‘‘transportation 3 improvement program’’ and inserting ‘‘TIP’’ each 4 place it appears; and 5 (10) by striking ‘‘Federally’’ each place it ap- 6 pears and inserting ‘‘federally’’. 7 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS- 8 PORTATION PLANNING. 9 Section 135 of title 23, United States Code, is 10 amended— 11 (1) in subsection (a)— 12 (A) in paragraph (1) by striking ‘‘state- 13 wide transportation improvement program’’ and 14 inserting ‘‘STIP’’; 15 (B) in paragraph (2)— 16 (i) by striking ‘‘The statewide trans- 17 portation plan and the’’ and inserting the 18 following: 19 ‘‘(A) IN GENERAL.—The statewide trans- 20 portation plan and the’’; 21 (ii) by striking ‘‘transportation im- 22 provement program’’ and inserting 23 ‘‘STIP’’; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 401 •HR 3684 IH (iii) by adding at the end the fol- 1 lowing: 2 ‘‘(B) CONSIDERATION.—In developing the 3 statewide transportation plans and STIPs, 4 States shall consider direct and indirect emis- 5 sions of greenhouse gases.’’; and 6 (C) in paragraph (3) by striking ‘‘trans- 7 portation improvement program’’ and inserting 8 ‘‘STIP’’; 9 (2) in subsection (d)— 10 (A) in paragraph (1)— 11 (i) in subparagraph (E)— 12 (I) by inserting ‘‘reduce green- 13 house gas emissions,’’ after ‘‘promote 14 energy conservation,’’; 15 (II) by inserting ‘‘and public 16 health’’ after ‘‘improve the quality of 17 life’’; and 18 (III) by inserting ‘‘, including 19 housing and land use patterns’’ after 20 ‘‘economic development patterns’’; 21 (ii) in subparagraph (I)— 22 (I) by inserting ‘‘, sea level rise, 23 extreme weather, and climate change’’ 24 after ‘‘mitigate stormwater’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 402 •HR 3684 IH (II) by striking ‘‘and’’ after the 1 semicolon; 2 (iii) by redesignating subparagraph 3 (J) as subparagraph (M); and 4 (iv) by inserting after subparagraph 5 (I) the following: 6 ‘‘(J) facilitate emergency management, re- 7 sponse, and evacuation and hazard mitigation; 8 ‘‘(K) improve the level of transportation 9 system access; 10 ‘‘(L) support inclusive zoning policies and 11 land use planning practices that incentivize af- 12 fordable, elastic, and diverse housing supply, fa- 13 cilitate long-term economic growth by improving 14 the accessibility of housing to jobs, and prevent 15 high housing costs from displacing economically 16 disadvantaged households; and’’; 17 (B) in paragraph (2)— 18 (i) by striking subparagraph (A) and 19 inserting the following: 20 ‘‘(A) IN GENERAL.—Through the use of a 21 performance-based approach, transportation in- 22 vestment decisions made as a part of the state- 23 wide transportation planning process shall sup- 24 port— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 403 •HR 3684 IH ‘‘(i) the national goals described in 1 section 150(b); 2 ‘‘(ii) the consideration of transpor- 3 tation system access (consistent with sec- 4 tion 150(f)); 5 ‘‘(iii) the achievement of statewide 6 targets established under section 150(d); 7 and 8 ‘‘(iv) the general purposes described 9 in section 5301 of title 49.’’; and 10 (ii) in subparagraph (D) by striking 11 ‘‘statewide transportation improvement 12 program’’ and inserting ‘‘STIP’’; and 13 (C) in paragraph (3) by striking ‘‘state- 14 wide transportation improvement program’’ and 15 inserting ‘‘STIP’’; 16 (3) in subsection (e)(3) by striking ‘‘transpor- 17 tation improvement program’’ and inserting 18 ‘‘STIP’’; 19 (4) in subsection (f)— 20 (A) in paragraph (2)(D)— 21 (i) in clause (i) by inserting ‘‘air qual- 22 ity, public health, housing, transportation, 23 resilience, hazard mitigation, emergency 24 management,’’ after ‘‘conservation,’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 404 •HR 3684 IH (ii) by amending clause (ii) to read as 1 follows: 2 ‘‘(ii) COMPARISON AND CONSIDER- 3 ATION.—Consultation under clause (i) 4 shall involve the comparison of transpor- 5 tation plans to other relevant plans and in- 6 ventories, including, if available— 7 ‘‘(I) State and tribal conservation 8 plans or maps; and 9 ‘‘(II) inventories of natural or 10 historic resources.’’; 11 (B) in paragraph (3)(B)— 12 (i) by striking ‘‘In carrying out’’ and 13 inserting the following: 14 ‘‘(i) IN GENERAL.—in carrying out’’; 15 (ii) by redesignating clauses (i) 16 through (iv) as subclauses (I) through 17 (IV), respectively; and 18 (iii) by adding at the end the fol- 19 lowing: 20 ‘‘(ii) ADDITIONAL METHODS.—In ad- 21 dition to the methods described in clause 22 (i), in carrying out subparagraph (A), the 23 State shall, to the maximum extent prac- 24 ticable— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 405 •HR 3684 IH ‘‘(I) use virtual public involve- 1 ment, social media, and other web- 2 based tools to encourage public par- 3 ticipation and solicit public feedback; 4 and 5 ‘‘(II) use other methods, as ap- 6 propriate, to further encourage public 7 participation of historically underrep- 8 resented individuals in the transpor- 9 tation planning process.’’; 10 (C) in paragraph (4)(A) by inserting ‘‘re- 11 duce greenhouse gas emissions and’’ after ‘‘po- 12 tential to’’; and 13 (D) in paragraph (8) by inserting ‘‘green- 14 house gas emissions,’’ after ‘‘pollution,’’; 15 (5) in subsection (g)— 16 (A) in paragraph (1)(A) by striking ‘‘state- 17 wide transportation improvement program’’ and 18 inserting ‘‘STIP’’; 19 (B) in paragraph (3) by striking ‘‘opera- 20 tors),,’’ and inserting ‘‘operators),’’; 21 (C) in paragraph (4) by striking ‘‘state- 22 wide transportation improvement program’’ and 23 inserting ‘‘STIP’’ each place it appears; 24 (D) in paragraph (5)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 406 •HR 3684 IH (i) in subparagraph (A) by striking 1 ‘‘transportation improvement program’’ 2 and inserting ‘‘STIP’’; 3 (ii) in subparagraph (B)(ii) by strik- 4 ing ‘‘metropolitan transportation improve- 5 ment program’’ and inserting ‘‘TIP’’; 6 (iii) in subparagraph (C) by striking 7 ‘‘transportation improvement program’’ 8 and inserting ‘‘STIP’’ each place it ap- 9 pears; 10 (iv) in subparagraph (E) by striking 11 ‘‘transportation improvement program’’ 12 and inserting ‘‘STIP’’; 13 (v) in subparagraph (F)(i) by striking 14 ‘‘transportation improvement program’’ 15 and inserting ‘‘STIP’’ each place it ap- 16 pears; 17 (vi) in subparagraph (G)(ii) by strik- 18 ing ‘‘transportation improvement program’’ 19 and inserting ‘‘STIP’’; and 20 (vii) in subparagraph (H) by striking 21 ‘‘transportation improvement program’’ 22 and inserting ‘‘STIP’’; 23 (E) in paragraph (6)— 24 (i) in subparagraph (A)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 407 •HR 3684 IH (I) by striking ‘‘transportation 1 improvement program’’ and inserting 2 ‘‘STIP’’; and 3 (II) by striking ‘‘and projects 4 carried out under the bridge program 5 or the Interstate maintenance pro- 6 gram’’; and 7 (ii) in subparagraph (B)— 8 (I) by striking ‘‘or under the 9 bridge program or the Interstate 10 maintenance program’’; 11 (II) by striking ‘‘5310, 5311, 12 5316, and 5317’’ and inserting ‘‘5310 13 and 5311’’; and 14 (III) by striking ‘‘statewide 15 transportation improvement program’’ 16 and inserting ‘‘STIP’’; 17 (F) in paragraph (7)— 18 (i) in the heading by striking ‘‘TRANS- 19 PORTATION IMPROVEMENT PROGRAM’’ and 20 inserting ‘‘STIP’’; and 21 (ii) by striking ‘‘transportation im- 22 provement program’’ and inserting 23 ‘‘STIP’’; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 408 •HR 3684 IH (G) in paragraph (8) by striking ‘‘state- 1 wide transportation plans and programs’’ and 2 inserting ‘‘statewide transportation plans and 3 STIPs’’; and 4 (H) in paragraph (9) by striking ‘‘trans- 5 portation improvement program’’ and inserting 6 ‘‘STIP’’; 7 (6) in subsection (h)(2)(A) by striking ‘‘Not 8 later than 5 years after the date of enactment of the 9 MAP–21,’’ and inserting ‘‘Not less frequently than 10 once every 4 years,’’; 11 (7) in subsection (k) by striking ‘‘transportation 12 improvement program’’ and inserting ‘‘STIP’’ each 13 place it appears; and 14 (8) in subsection (m) by striking ‘‘transpor- 15 tation improvement programs’’ and inserting 16 ‘‘STIPs’’. 17 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE- 18 MENT MEASURES. 19 (a) IN GENERAL.—Section 150 of title 23, United 20 States Code, is amended— 21 (1) in subsection (b)— 22 (A) in paragraph (1) by inserting ‘‘or 23 elimination’’ after ‘‘significant reduction’’; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 409 •HR 3684 IH (B) by redesignating paragraph (7) as 1 paragraph (8); and 2 (C) by inserting after paragraph (6) the 3 following: 4 ‘‘(7) COMBATING CLIMATE CHANGE.—To re- 5 duce carbon dioxide and other greenhouse gas emis- 6 sions and reduce the climate impacts of the trans- 7 portation system.’’; 8 (2) in subsection (c)— 9 (A) in paragraph (1) by striking ‘‘Not 10 later than 18 months after the date of enact- 11 ment of the MAP–21, the Secretary’’ and in- 12 serting ‘‘The Secretary’’; and 13 (B) by adding at the end the following: 14 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec- 15 retary shall establish, in consultation with the Ad- 16 ministrator of the Environmental Protection Agency, 17 measures for States to use to assess— 18 ‘‘(A) carbon dioxide emissions per capita 19 on public roads; 20 ‘‘(B) carbon dioxide emissions using dif- 21 ferent parameters than described in subpara- 22 graph (A) that the Secretary determines to be 23 appropriate; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 410 •HR 3684 IH ‘‘(C) any other greenhouse gas emissions 1 on public roads that the Secretary determines 2 to be appropriate.’’; 3 (3) in subsection (d)— 4 (A) in paragraph (1)— 5 (i) by striking ‘‘Not later than 1 year 6 after the Secretary has promulgated the 7 final rulemaking under subsection (c), 8 each’’ and inserting ‘‘Each’’; and 9 (ii) by striking ‘‘and (6)’’ and insert- 10 ing ‘‘(6), and (7)’’; and 11 (B) by adding at the end the following: 12 ‘‘(3) REGRESSIVE TARGETS.— 13 ‘‘(A) IN GENERAL.—A State may not es- 14 tablish a regressive target for the measures de- 15 scribed under paragraph (4) or paragraph (7) 16 of subsection (c). 17 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 18 this paragraph, the term ‘regressive target’ 19 means a target that fails to demonstrate con- 20 stant or improved performance for a particular 21 measure.’’; 22 (4) in subsection (e)— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 411 •HR 3684 IH (A) by striking ‘‘Not later than 4 years 1 after the date of enactment of the MAP–21 and 2 biennially thereafter, a’’ and inserting ‘‘A’’; and 3 (B) by inserting ‘‘biennial’’ after ‘‘the Sec- 4 retary a’’; and 5 (5) by adding at the end the following: 6 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 7 ‘‘(1) IN GENERAL.—The Secretary shall estab- 8 lish measures for States and metropolitan planning 9 organizations to use to assess the level of safe, reli- 10 able, and convenient transportation system access 11 to— 12 ‘‘(A) employment; and 13 ‘‘(B) services. 14 ‘‘(2) CONSIDERATIONS.—The measures estab- 15 lished pursuant to paragraph (1) shall include the 16 ability for States and metropolitan planning organi- 17 zations to assess— 18 ‘‘(A) the change in the level of transpor- 19 tation system access for various modes of trav- 20 el, including connection to other modes of 21 transportation, that would result from new 22 transportation investments; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 412 •HR 3684 IH ‘‘(B) the level of transportation system ac- 1 cess for economically disadvantaged commu- 2 nities, including to affordable housing; and 3 ‘‘(C) the extent to which transportation ac- 4 cess is impacted by zoning policies and land use 5 planning practices that effect the affordability, 6 elasticity, and diversity of the housing supply. 7 ‘‘(3) DEFINITION OF SERVICES.—In this sub- 8 section, the term ‘services’ includes healthcare facili- 9 ties, child care, education and workforce training, 10 food sources, banking and other financial institu- 11 tions, and other retail shopping establishments.’’. 12 (b) METROPOLITAN TRANSPORTATION PLANNING; 13 TITLE 23.—Section 134 of title 23, United States Code, 14 is further amended— 15 (1) in subsection (j)(2)(D)— 16 (A) by striking ‘‘PERFORMANCE TARGET 17 ACHIEVEMENT’’ in the heading and inserting 18 ‘‘PERFORMANCE MANAGEMENT’’; 19 (B) by striking ‘‘The TIP’’ and inserting 20 the following: 21 ‘‘(i) IN GENERAL.—The TIP’’; and 22 (C) by adding at the end the following: 23 ‘‘(ii) TRANSPORTATION MANAGEMENT 24 AREAS.—For metropolitan planning areas 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 413 •HR 3684 IH that represent an urbanized area des- 1 ignated as a transportation management 2 area under subsection (k), the TIP shall 3 include— 4 ‘‘(I) a discussion of the antici- 5 pated effect of the TIP toward achiev- 6 ing the performance targets estab- 7 lished in the metropolitan transpor- 8 tation plan, linking investment prior- 9 ities to such performance targets; and 10 ‘‘(II) a description of how the an- 11 ticipated effect of the TIP would im- 12 prove the overall level of transpor- 13 tation system access, consistent with 14 section 150(f).’’; 15 (2) in subsection (k)— 16 (A) in paragraph (3)(A)— 17 (i) by striking ‘‘shall address conges- 18 tion management’’ and inserting the fol- 19 lowing: ‘‘shall address— 20 ‘‘(i) congestion management’’; 21 (ii) by striking the period at the end 22 and inserting ‘‘; and’’; and 23 (iii) by adding at the end the fol- 24 lowing: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 414 •HR 3684 IH ‘‘(ii) the overall level of transportation 1 system access for various modes of travel 2 within the metropolitan planning area, in- 3 cluding the level of access for economically 4 disadvantaged communities, consistent 5 with section 150(f), that is based on a co- 6 operatively developed and implemented 7 metropolitan-wide strategy, assessing both 8 new and existing transportation facilities 9 eligible for funding under this title and 10 chapter 53 of title 49.’’; and 11 (B) in paragraph (5)(B)— 12 (i) in clause (i) by striking ‘‘; and’’ 13 and inserting a semicolon; 14 (ii) in clause (ii) by striking the pe- 15 riod and inserting ‘‘; and’’; and 16 (iii) by adding at the end the fol- 17 lowing: 18 ‘‘(iii) the TIP approved under clause 19 (ii) makes progress towards improving the 20 level of transportation system access, con- 21 sistent with section 150(f).’’; and 22 (3) in subsection (l)(2)— 23 (A) by striking ‘‘5 years after the date of 24 enactment of the MAP–21’’ and inserting ‘‘2 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 415 •HR 3684 IH years after the date of enactment of the IN- 1 VEST in America Act, and every 2 years there- 2 after’’; 3 (B) in subparagraph (C) by striking ‘‘and 4 whether metropolitan planning organizations 5 are developing meaningful performance targets; 6 and’’ and inserting a semicolon; and 7 (C) by striking subparagraph (D) and in- 8 serting the following: 9 ‘‘(D) a listing of all metropolitan planning 10 organizations that are establishing performance 11 targets and whether such performance targets 12 established by the metropolitan planning orga- 13 nization are meaningful or regressive (as de- 14 fined in section 150(d)(3)(B)); and 15 ‘‘(E) the progress of implementing the 16 measure established under section 150(f).’’. 17 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 18 TATION PLANNING; TITLE 23.—Section 135(g)(4) of title 19 23, United States Code, is further amended— 20 (1) by striking ‘‘PERFORMANCE TARGET 21 ACHIEVEMENT’’ in the heading and inserting ‘‘PER- 22 FORMANCE MANAGEMENT’’; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 416 •HR 3684 IH (2) by striking ‘‘shall include, to the maximum 1 extent practicable, a discussion’’ and inserting the 2 following: ‘‘shall include— 3 ‘‘(A) a discussion’’; 4 (3) by striking the period at the end and insert- 5 ing ‘‘; and’’; and 6 (4) by adding at the end the following: 7 ‘‘(B) a consideration of the anticipated ef- 8 fect of the STIP on the overall level of trans- 9 portation system access, consistent with section 10 150(f).’’. 11 (d) METROPOLITAN TRANSPORTATION PLANNING; 12 TITLE 49.—Section 5303 of title 49, United States Code, 13 is amended— 14 (1) in subsection (j)(2)(D)— 15 (A) by striking ‘‘PERFORMANCE TARGET 16 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE 17 MANAGEMENT’’; 18 (B) by striking ‘‘The transportation im- 19 provement plan’’ and inserting the following: 20 ‘‘(i) IN GENERAL.—The TIP’’; and 21 (C) by adding at the end the following: 22 ‘‘(ii) TRANSPORTATION MANAGEMENT 23 AREAS.—For metropolitan planning areas 24 that represent an urbanized area des- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 417 •HR 3684 IH ignated as a transportation management 1 area under subsection (k), the TIP shall 2 include— 3 ‘‘(I) a discussion of the antici- 4 pated effect of the TIP toward achiev- 5 ing the performance targets estab- 6 lished in the metropolitan transpor- 7 tation plan, linking investment prior- 8 ities to such performance targets; and 9 ‘‘(II) a description of how the an- 10 ticipated effect of the TIP would im- 11 prove the overall level of transpor- 12 tation system access, consistent with 13 section 150(f) of title 23.’’; 14 (2) in subsection (k)— 15 (A) in paragraph (3)(A)— 16 (i) by striking ‘‘shall address conges- 17 tion management’’ and inserting the fol- 18 lowing: ‘‘shall address— 19 ‘‘(i) congestion management’’; 20 (ii) by striking the period at the end 21 and inserting ‘‘; and’’; and 22 (iii) by adding at the end the fol- 23 lowing: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 418 •HR 3684 IH ‘‘(ii) the overall level of transportation 1 system access for various modes of travel 2 within the metropolitan planning area, in- 3 cluding the level of access for economically 4 disadvantaged communities, consistent 5 with section 150(f) of title 23, that is 6 based on a cooperatively developed and im- 7 plemented metropolitan-wide strategy, as- 8 sessing both new and existing transpor- 9 tation facilities eligible for funding under 10 this chapter and title 23.’’; and 11 (B) in paragraph (5)(B)— 12 (i) in clause (i) by striking ‘‘; and’’ 13 and inserting a semicolon; 14 (ii) in clause (ii) by striking the pe- 15 riod and inserting ‘‘; and’’; and 16 (iii) by adding at the end the fol- 17 lowing: 18 ‘‘(iii) the TIP approved under clause 19 (ii) makes progress towards improving the 20 level of transportation system access, con- 21 sistent with section 150(f) of title 23.’’; 22 and 23 (3) in subsection (l)(2)— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 419 •HR 3684 IH (A) by striking ‘‘5 years after the date of 1 enactment of the Federal Public Transportation 2 Act of 2012’’ and inserting ‘‘2 years after the 3 date of enactment of the INVEST in America 4 Act, and every 2 years thereafter,’’; 5 (B) in subparagraph (C) by striking ‘‘and 6 whether metropolitan planning organizations 7 are developing meaningful performance targets; 8 and’’ and inserting a semicolon; and 9 (C) by striking subparagraph (D) and in- 10 serting the following: 11 ‘‘(D) a listing of all metropolitan planning 12 organizations that are establishing performance 13 targets and whether such performance targets 14 established by the metropolitan planning orga- 15 nization are meaningful or regressive (as de- 16 fined in section 150(d)(3)(B) of title 23); and 17 ‘‘(E) the progress of implementing the 18 measure established under section 150(f) of 19 title 23.’’. 20 (e) STATEWIDE AND NONMETROPOLITAN TRANSPOR- 21 TATION PLANNING; TITLE 49.—Section 5304(g)(4) of 22 title 49, United States Code, is amended— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 420 •HR 3684 IH (1) by striking ‘‘PERFORMANCE TARGET 1 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE MAN- 2 AGEMENT’’; 3 (2) by striking ‘‘shall include, to the maximum 4 extent practicable, a discussion’’ and inserting the 5 following: ‘‘shall include 6 ‘‘(A) a discussion’’; 7 (3) by striking the period at the end and insert- 8 ing ‘‘; and’’; 9 (4) by striking ‘‘statewide transportation im- 10 provement program’’ and inserting ‘‘STIP’’ each 11 place it appears; and 12 (5) by adding at the end the following: 13 ‘‘(B) a consideration of the anticipated ef- 14 fect of the STIP on the overall level of trans- 15 portation system access, consistent with section 16 150(f) of title 23.’’. 17 (f) SAVINGS CLAUSE.— 18 (1) REGRESSIVE TARGETS.—The prohibition in 19 the amendment made by subsection (a)(3)(B) shall 20 apply to States beginning on the date that is 1 year 21 before the subsequent State target and reporting 22 deadlines related to safety performance management 23 established pursuant to section 150 of title 23, 24 United States Code. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 421 •HR 3684 IH (2) ACCESS PLANNING REQUIREMENTS.—The 1 requirements in the amendments made by sub- 2 sections (b), (c), (d), and (e) shall apply beginning 3 on the date on which the requirements for the meas- 4 ure described in section 150(f) of title 23, United 5 States Code, take effect. 6 (g) DEVELOPMENT OF GREENHOUSE GAS MEAS- 7 URE.—Not later than 1 year after the date of enactment 8 of this Act, the Secretary of Transportation shall issue 9 such regulations as are necessary to carry out paragraph 10 (7) of section 150(c) of title 23, United States Code, as 11 added by this Act. 12 (h) DEVELOPMENT OF TRANSPORTATION SYSTEM 13 ACCESS MEASURE.— 14 (1) ESTABLISHMENT.—Not later than 120 days 15 after the date of enactment of this Act, the Sec- 16 retary of Transportation shall establish a working 17 group to assess the provisions of paragraphs (1) and 18 (2) of section 150(f) and make recommendations re- 19 garding the establishment of measures for States 20 and metropolitan planning organizations to use to 21 assess the level of transportation system access for 22 various modes of travel, consistent with section 23 150(f) of title 23, United States Code. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 422 •HR 3684 IH (2) MEMBERS.—The working group established 1 pursuant to paragraph (1) shall include representa- 2 tives from— 3 (A) the Department of Transportation; 4 (B) State departments of transportation, 5 including representatives that specialize in pe- 6 destrian and bicycle safety; 7 (C) the Bureau of Transportation Statis- 8 tics; 9 (D) metropolitan planning organizations 10 representing transportation management areas 11 (as those terms are defined in section 134 of 12 title 23, United States Code); 13 (E) other metropolitan planning organiza- 14 tions or local governments; 15 (F) providers of public transportation; 16 (G) nonprofit entities related to transpor- 17 tation, including relevant safety groups; 18 (H) experts in the field of transportation 19 access data; and 20 (I) any other stakeholders, as determined 21 by the Secretary. 22 (3) REPORT.— 23 (A) SUBMISSION.—Not later than 1 year 24 after the establishment of the working group 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 423 •HR 3684 IH pursuant to paragraph (1), the working group 1 shall submit to the Secretary a report of rec- 2 ommendations regarding the establishment of 3 measures for States and metropolitan planning 4 organizations to use to assess the level of trans- 5 portation system access, consistent with section 6 150(f) of title 23, United States Code. 7 (B) PUBLICATION.—Not later than 30 8 days after the date on which the Secretary re- 9 ceives the report under subparagraph (A), the 10 Secretary shall publish the report on a publicly 11 accessible website of the Department of Trans- 12 portation. 13 (4) RULEMAKING.—Not later than 2 years after 14 the date on which the Secretary receives the report 15 under paragraph (3), the Secretary shall issue such 16 regulations as are necessary to implement the re- 17 quirements of section 150(f) of title 23, United 18 States Code. 19 (5) TERMINATION.—The Secretary shall termi- 20 nate the working group established pursuant to 21 paragraph (1) on the date on which the regulation 22 issued pursuant to paragraph (4) takes effect. 23 (i) TRANSPORTATION SYSTEM ACCESS DATA.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 424 •HR 3684 IH (1) IN GENERAL.—Not later than 90 days after 1 the date on which the Secretary of Transportation 2 establishes the measure required under section 3 150(f) of title 23, United States Code, the Secretary 4 shall develop or procure eligible transportation sys- 5 tem access data sets and analytical tools and make 6 such data sets and analytical tools available to State 7 departments of transportation and metropolitan 8 planning areas that represent transportation man- 9 agement areas. 10 (2) REQUIREMENTS.—An eligible transpor- 11 tation system access data set and analytical tool 12 shall have the following characteristics: 13 (A) The ability to quantify the level of 14 safe, reliable, and convenient transportation 15 system access to— 16 (i) employment; 17 (ii) services; and 18 (iii) connections to other modes of 19 transportation. 20 (B) The ability to quantify transportation 21 system access for various modes of travel, in- 22 cluding— 23 (i) driving; 24 (ii) public transportation; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 425 •HR 3684 IH (iii) walking (including conveyance for 1 persons with disabilities); and 2 (iv) cycling (including micromobility). 3 (C) The ability to disaggregate the level of 4 transportation system access by various trans- 5 portation modes by a variety of population cat- 6 egories, including— 7 (i) low-income populations; 8 (ii) minority populations; 9 (iii) age; 10 (iv) disability; and 11 (v) geographical location. 12 (D) The ability to assess the change in the 13 level of transportation system access that would 14 result from new transportation investments. 15 (3) CONSIDERATION.—An eligible transpor- 16 tation system access data set and analytical tool 17 shall take into consideration safe and connected net- 18 works for walking, cycling, and persons with disabil- 19 ities. 20 (j) DEFINITIONS.—In this section: 21 (1) TRANSPORTATION SYSTEM ACCESS.—The 22 term ‘‘transportation system access’’ has the mean- 23 ing given such term in section 101 of title 23, 24 United States Code. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 426 •HR 3684 IH (2) SERVICES.—The term ‘‘services’’ has the 1 meaning given such term in section 150(f) of title 2 23, United States Code. 3 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD- 4 ELING STUDY. 5 (a) STUDY.— 6 (1) IN GENERAL.—The Secretary of Transpor- 7 tation shall conduct a study on transportation de- 8 mand data and modeling, including transportation 9 demand forecasting, and make recommendations for 10 developing and utilizing transportation and traffic 11 demand models with a demonstrated record of accu- 12 racy. 13 (2) CONTENTS.—In carrying out the study 14 under this section, the Secretary shall— 15 (A) collect observed transportation demand 16 data and transportation demand forecasts from 17 States and metropolitan planning organizations, 18 including data and forecasts on— 19 (i) traffic counts; 20 (ii) transportation mode share and 21 public transportation ridership; and 22 (iii) vehicle occupancy measures; 23 (B) compare the transportation demand 24 forecasts with the observed transportation de- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 427 •HR 3684 IH mand data gathered under subparagraph (A), 1 including an analysis of the level of accuracy of 2 forecasts and possible reasons for large discrep- 3 ancies; and 4 (C) use the information described in sub- 5 paragraphs (A) and (B) to— 6 (i) develop best practices and guid- 7 ance for States and metropolitan planning 8 organizations to use in forecasting trans- 9 portation demand for future investments in 10 transportation improvements; 11 (ii) evaluate the impact of transpor- 12 tation investments, including new roadway 13 capacity, on transportation behavior and 14 transportation demand, including public 15 transportation ridership, induced highway 16 transportation, and congestion; 17 (iii) support more accurate transpor- 18 tation demand forecasting by States and 19 metropolitan planning organizations; 20 (iv) enhance the capacity of States 21 and metropolitan planning organizations 22 to— 23 (I) forecast transportation de- 24 mand; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 428 •HR 3684 IH (II) track observed transpor- 1 tation behavior responses, including 2 induced transportation, to changes in 3 transportation capacity, pricing, and 4 land use patterns; and 5 (v) develop transportation demand 6 management strategies to maximize the ef- 7 ficiency of the transportation system, im- 8 prove mobility, reduce congestion, and 9 lower vehicle emissions. 10 (3) COVERED ENTITIES.—In carrying out the 11 study under this section, the Secretary shall ensure 12 that data and forecasts described in paragraph 13 (2)(A) are collected from— 14 (A) States; 15 (B) metropolitan planning organizations 16 that serve an area with a population of 200,000 17 people or fewer; and 18 (C) metropolitan planning organizations 19 that serve an area with a population of over 20 200,000 people. 21 (4) WORKING WITH THE PRIVATE SECTOR.—In 22 carrying out this section, the Secretary may, and is 23 encouraged to, procure additional data as necessary 24 from university transportation centers, private sector 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 429 •HR 3684 IH providers, and other entities as is needed and may 1 use funds authorized under section 503(b) of title 2 23, United States Code, for carrying out this para- 3 graph. 4 (5) WORKING WITH AFFECTED COMMU- 5 NITIES.—In carrying out this section, the Secretary 6 shall consult with, and collect data and input from, 7 representatives of— 8 (A) the Department of Transportation; 9 (B) State departments of transportation; 10 (C) metropolitan planning organizations; 11 (D) local governments; 12 (E) providers of public transportation; 13 (F) nonprofit entities related to transpor- 14 tation, including safety, cycling, disability, and 15 equity groups; and 16 (G) any other stakeholders, as determined 17 by the Secretary. 18 (b) REPORT.—Not later than 2 years after the date 19 of enactment of this Act, the Secretary shall submit to 20 Congress a report containing the findings of the study 21 conducted under subsection (a). 22 (c) SECRETARIAL SUPPORT.—The Secretary shall 23 seek opportunities to support the transportation planning 24 processes under sections 134 and 135 of title 23, United 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 430 •HR 3684 IH States Code, through the provision of data to States and 1 metropolitan planning organizations to improve the qual- 2 ity of transportation plans, models, and demand forecasts. 3 (d) UPDATE GUIDANCE AND REGULATIONS.—The 4 Secretary shall— 5 (1) update Department of Transportation guid- 6 ance and procedures to utilize best practices docu- 7 mented throughout the Federal program; and 8 (2) ensure that best practices included in the 9 report are incorporated into appropriate regulations 10 as such regulations are updated. 11 (e) CONTINUING IMPROVEMENT.—The Secretary 12 shall set out a process to repeat the study under this sec- 13 tion every 2 years as part of the conditions and perform- 14 ance report, including— 15 (1) progress in the accuracy of model projec- 16 tions; 17 (2) further recommendations for improvement; 18 and 19 (3) further changes to guidance, regulation, and 20 procedures required for the Department of Trans- 21 portation to adopt best practices. 22 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 431 •HR 3684 IH SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANS- 1 PORTATION PLANS. 2 Not later than 1 year after the date of enactment 3 of this Act, the Secretary shall amend section 4 450.324(f)(11)(v) of title 23, Code of Federal Regulations, 5 to ensure that the outer years of a metropolitan transpor- 6 tation plan are defined as ‘‘beyond the first 4 years’’. 7 Subtitle E—Federal Lands, Tribes, 8 and Territories 9 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO- 10 GRAM. 11 (a) IN GENERAL.—Section 165 of title 23, United 12 States Code, is amended— 13 (1) by striking subsection (a) and inserting the 14 following: 15 ‘‘(a) ANNUAL ALLOCATION.—For the Puerto Rico 16 and territorial highway program, there shall be made 17 available— 18 ‘‘(1) $340,000,000 for the Puerto Rico highway 19 program under subsection (b) for each of fiscal years 20 2023 through 2026; and 21 ‘‘(2) for the territorial highway program under 22 subsection (c)— 23 ‘‘(A) $113,044,097 for fiscal year 2023; 24 ‘‘(B) $114,961,294 for fiscal year 2024; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 432 •HR 3684 IH ‘‘(C) $117,190,719 for fiscal year 2025; 1 and 2 ‘‘(D) $119,237,332 for fiscal year 2026.’’; 3 (2) in subsection (b)(2) by adding at the end 4 the following: 5 ‘‘(D) TRANSFERABILITY.—Of the amounts 6 described in clauses (i) and (ii) of subparagraph 7 (C) for the Puerto Rico highway program, 8 Puerto Rico may transfer not to exceed 50 per- 9 cent in a fiscal year of such amounts for activi- 10 ties described in clause (iii) of such subpara- 11 graph.’’. 12 (3) in subsection (c)(6)(A)— 13 (A) by redesignating clauses (iv), (v), (vi), 14 and (vii) as clauses (v), (vi), (vii), and (viii), re- 15 spectively; and 16 (B) by inserting after clause (iii) the fol- 17 lowing: 18 ‘‘(iv) Ferry boats and terminal facili- 19 ties that are privately or majority privately 20 owned, in accordance with paragraphs (1), 21 (2), (4), (5), (6), and (7) of section 129(c), 22 that provide a substantial public benefit.’’; 23 and 24 (4) by adding at the end the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 433 •HR 3684 IH ‘‘(d) PARTICIPATION OF TERRITORIES IN DISCRE- 1 TIONARY PROGRAMS.—For any program in which the Sec- 2 retary may allocate funds out of the Highway Trust Fund 3 (other than the Mass Transit Account) to a State at the 4 discretion of the Secretary, the Secretary may allocate 5 funds to one or more territory for any project or activity 6 that otherwise would be eligible under such program if 7 such project or activity was being carried out in a State.’’. 8 (b) ACCESS AND DEVELOPMENT ROADS.—Section 9 118(d) of title 23, United States Code, is amended by 10 striking ‘‘and the Commonwealth of Puerto Rico’’ and in- 11 serting ‘‘, the Commonwealth of Puerto Rico, and any 12 other territory of the United States’’. 13 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 14 Section 202 of title 23, United States Code, is 15 amended— 16 (1) in subsection (d)— 17 (A) in paragraph (1) by striking ‘‘improv- 18 ing deficient’’ and inserting ‘‘the construction 19 and reconstruction of’’; 20 (B) in paragraph (2)— 21 (i) in subparagraph (A) by inserting 22 ‘‘construct,’’ after ‘‘project to’’; and 23 (ii) in subparagraph (B)— 24 (I) by striking ‘‘deficient’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 434 •HR 3684 IH (II) by inserting ‘‘in poor condi- 1 tion’’ after ‘‘facility bridges’’; and 2 (C) in paragraph (3)— 3 (i) in the heading by striking ‘‘ELIGI- 4 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY 5 FOR EXISTING BRIDGES’’; 6 (ii) by striking ‘‘a bridge’’ and insert- 7 ing ‘‘an existing bridge’’; and 8 (iii) in subparagraph (C) by striking 9 ‘‘structurally deficient or functionally obso- 10 lete’’ and inserting ‘‘in poor condition’’; 11 and 12 (2) in subsection (e) by striking ‘‘for eligible 13 projects described in section 148(a)(4).’’ and insert- 14 ing the following: ‘‘for— 15 ‘‘(A) eligible projects described in section 16 148(a)(4); 17 ‘‘(B) projects to promote public awareness 18 and education concerning highway safety mat- 19 ters (including bicycle, all-terrain, motorcyclist, 20 and pedestrian safety); or 21 ‘‘(C) projects to enforce highway safety 22 laws.’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 435 •HR 3684 IH SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 1 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 2 202 of title 23, United States Code, is amended— 3 (1) by redesignating subsection (f) as sub- 4 section (g); and 5 (2) by inserting after subsection (e) the fol- 6 lowing: 7 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 8 Before making any distribution under subsection (b), the 9 Secretary shall set aside $50,000,000 from the funds 10 made available under the tribal transportation program 11 for each fiscal year to carry out the Tribal High Priority 12 Projects program under section 1123 of MAP–21 (23 13 U.S.C. 202 note).’’. 14 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 15 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend- 16 ed— 17 (1) in subsection (a)(1)(C) by striking ‘‘re- 18 quired by that section’’ and inserting ‘‘required 19 under such program’’; 20 (2) in subsection (b)(1) by striking ‘‘use 21 amounts made available under subsection (h) to’’; 22 (3) in subsection (d)— 23 (A) in paragraph (2) by inserting ‘‘, in 24 consultation with the Secretary of the Interior,’’ 25 after ‘‘The Secretary’’; and 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 436 •HR 3684 IH (B) in paragraph (3) by striking ‘‘of the 1 Interior’’ each place it appears; 2 (4) in subsection (f) by striking ‘‘$1,000,000’’ 3 and inserting ‘‘$5,000,000’’; 4 (5) in subsection (g) by striking ‘‘and the Sec- 5 retary’’ and inserting ‘‘or the Secretary’’; and 6 (6) by striking subsection (h) and inserting the 7 following: 8 ‘‘(h) ADMINISTRATION.—The funds made available to 9 carry out this section shall be administered in the same 10 manner as funds made available for the Tribal transpor- 11 tation program under section 202 of title 23, United 12 States Code.’’. 13 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 14 (a) IN GENERAL.—Section 203(a) of title 23, United 15 States Code, is amended by adding at the end the fol- 16 lowing: 17 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR- 18 RIDORS.— 19 ‘‘(A) REQUEST.—If the head of a covered 20 agency determines that a high-commuter cor- 21 ridor requires additional investment, based on 22 the criteria described in subparagraph (D), the 23 head of a covered agency, with respect to such 24 corridor, shall submit to the State— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 437 •HR 3684 IH ‘‘(i) information on condition of pave- 1 ments and bridges; 2 ‘‘(ii) an estimate of the amounts need- 3 ed to bring such corridor into a state of 4 good repair, taking into consideration any 5 planned future investments; and 6 ‘‘(iii) at the discretion of the head of 7 a covered agency, a request that the State 8 transfer to the covered agency, under the 9 authority of section 132 or section 204, or 10 to the Federal Highway Administration, 11 under the authority of section 104, a por- 12 tion of such amounts necessary to address 13 the condition of the corridor. 14 ‘‘(B) STATE RESPONSE.—Not later than 15 45 days after the date of receipt of the request 16 described in subparagraph (A)(iii), the State 17 shall— 18 ‘‘(i) approve the request; 19 ‘‘(ii) deny the request and explain the 20 reasons for such denial; or 21 ‘‘(iii) request any additional informa- 22 tion necessary to take action on the re- 23 quest. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 438 •HR 3684 IH ‘‘(C) NOTIFICATION TO THE SEC- 1 RETARY.—The head of a covered agency shall 2 provide to the Secretary a copy of any request 3 described under subparagraph (A)(iii) and re- 4 sponse described under subparagraph (B). 5 ‘‘(D) CRITERIA.—In making a determina- 6 tion under subparagraph (A), the head of a cov- 7 ered agency, with respect to the corridor, shall 8 consider— 9 ‘‘(i) the condition of roads, bridges, 10 and tunnels; and 11 ‘‘(ii) the average annual daily traffic. 12 ‘‘(E) DEFINITIONS.—In this paragraph: 13 ‘‘(i) COVERED AGENCY.—The term 14 ‘covered agency’ means a Federal agency 15 eligible to receive funds under this section, 16 section 203, or section 204, including the 17 Army Corps of Engineers, Bureau of Rec- 18 lamation, and the Bureau of Land Man- 19 agement. 20 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 21 The term ‘high-commuter corridor’ means 22 a Federal lands transportation facility that 23 has an average annual daily traffic of not 24 less than 20,000 vehicles.’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 439 •HR 3684 IH (b) GAO STUDY REGARDING NPS MAINTENANCE.— 1 (1) STUDY.—The Comptroller General of the 2 United States shall study the National Park Service 3 maintenance prioritization of Federal lands trans- 4 portation facilities. 5 (2) CONTENTS.—At minimum, the study under 6 paragraph (1) shall examine— 7 (A) general administrative maintenance of 8 the National Park Service; 9 (B) how the National Park Service cur- 10 rently prioritizes maintenance of Federal facili- 11 ties covered under the Federal Lands Transpor- 12 tation Program; 13 (C) what kind of maintenance the National 14 Parkway Service is performing; 15 (D) to what degree does the National Park 16 Service prioritize high-commuter corridors; and 17 (E) how the National Park Service can 18 better service the needs of high commuter cor- 19 ridors. 20 (3) REPORT.—Not later than 1 year after the 21 date of enactment of this Act, the Comptroller Gen- 22 eral shall submit to the Committee on Transpor- 23 tation and Infrastructure of the House of Represent- 24 atives and the Committee on Environment and Pub- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 440 •HR 3684 IH lic Works of the Senate a report summarizing the 1 study and the results of such study, including rec- 2 ommendations for addressing the maintenance needs 3 and prioritization of high-commuter corridors. 4 (4) DEFINITION OF HIGH-COMMUTER COR- 5 RIDOR.—In this section, the term ‘‘high-commuter 6 corridor’’ means a Federal lands transportation fa- 7 cility that has average annual daily traffic of not less 8 than 20,000 vehicles. 9 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 10 PROGRAM. 11 (a) IN GENERAL.—Chapter 2 of title 23, United 12 States Code, is amended by inserting after section 207 the 13 following: 14 ‘‘§ 208. Federal lands and Tribal major projects pro- 15 gram 16 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 17 lish a Federal lands and Tribal major projects program 18 (referred to in this section as the ‘program’) to provide 19 funding to construct, reconstruct, or rehabilitate critical 20 Federal lands and Tribal transportation infrastructure. 21 ‘‘(b) ELIGIBLE APPLICANTS.— 22 ‘‘(1) IN GENERAL.—Except as provided in para- 23 graph (2), entities eligible to receive funds under 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 441 •HR 3684 IH sections 201, 202, 203, and 204 may apply for fund- 1 ing under the program. 2 ‘‘(2) SPECIAL RULE.—A State, county, or unit 3 of local government may only apply for funding 4 under the program if sponsored by an eligible Fed- 5 eral agency or Indian Tribe. 6 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 7 the program shall be on a Federal lands transportation 8 facility, a Federal lands access transportation facility, or 9 a tribal transportation facility, except that such facility is 10 not required to be included in an inventory described in 11 section 202 or 203, and for which— 12 ‘‘(1) the project— 13 ‘‘(A) has completed the activities required 14 under the National Environmental Policy Act of 15 1969 (42 U.S.C. 4321 et seq.) which has been 16 demonstrated through— 17 ‘‘(i) a record of decision with respect 18 to the project; 19 ‘‘(ii) a finding that the project has no 20 significant impact; or 21 ‘‘(iii) a determination that the project 22 is categorically excluded; or 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 442 •HR 3684 IH ‘‘(B) is reasonably expected to begin con- 1 struction not later than 18 months after the 2 date of obligation of funds for the project; and 3 ‘‘(2) the project has an estimated cost equal to 4 or exceeding— 5 ‘‘(A) $12,500,000 if it is on a Federal 6 lands transportation facility or a Federal lands 7 access transportation facility; and 8 ‘‘(B) $5,000,000 if it is on a Tribal trans- 9 portation facility. 10 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re- 11 ceived for a project under this section may be used for— 12 ‘‘(1) development phase activities, including 13 planning, feasibility analysis, revenue forecasting, 14 environmental review, preliminary engineering and 15 design work, and other preconstruction activities; 16 and 17 ‘‘(2) construction, reconstruction, and rehabili- 18 tation activities. 19 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 20 to the Secretary an application at such time, in such form, 21 and containing such information as the Secretary may re- 22 quire. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 443 •HR 3684 IH ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 1 select a project to receive funds under the program only 2 if the Secretary determines that the project— 3 ‘‘(1) improves the condition of critical transpor- 4 tation facilities, including multimodal facilities; 5 ‘‘(2) cannot be easily and efficiently completed 6 with amounts made available under section 202, 7 203, or 204; and 8 ‘‘(3) is cost effective. 9 ‘‘(g) MERIT CRITERIA.—In making a grant under 10 this section, the Secretary shall consider whether the 11 project— 12 ‘‘(1) will generate state of good repair, resil- 13 ience, economic competitiveness, quality of life, mo- 14 bility, or safety benefits; 15 ‘‘(2) in the case of a project on a Federal lands 16 transportation facility or a Federal lands access 17 transportation facility, has costs matched by funds 18 that are not provided under this section or this title; 19 and 20 ‘‘(3) generates benefits for land owned by mul- 21 tiple Federal land management agencies or Indian 22 Tribes, or which spans multiple States. 23 ‘‘(h) EVALUATION AND RATING.—To evaluate appli- 24 cations, the Secretary shall— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 444 •HR 3684 IH ‘‘(1) determine whether a project meets the re- 1 quirements under subsection (f); 2 ‘‘(2) evaluate, through a discernable and trans- 3 parent methodology, how each application addresses 4 one or more merit criteria established under sub- 5 section (g); 6 ‘‘(3) assign a rating for each merit criteria for 7 each application; and 8 ‘‘(4) consider applications only on the basis of 9 such quality ratings and which meet the minimally 10 acceptable level for each of the merit criteria. 11 ‘‘(i) COST SHARE.— 12 ‘‘(1) FEDERAL LANDS PROJECTS.— 13 ‘‘(A) IN GENERAL.—Notwithstanding sec- 14 tion 120, the Federal share of the cost of a 15 project on a Federal lands transportation facil- 16 ity or a Federal lands access transportation fa- 17 cility shall be up to 90 percent. 18 ‘‘(B) NON-FEDERAL SHARE.—Notwith- 19 standing any other provision of law, any Fed- 20 eral funds may be used to pay the non-Federal 21 share of the cost of a project carried out under 22 this section. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 445 •HR 3684 IH ‘‘(2) TRIBAL PROJECTS.—The Federal share of 1 the cost of a project on a Tribal transportation facil- 2 ity shall be 100 percent. 3 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the 4 amounts made available to carry out this section, not more 5 than 50 percent shall be used for eligible projects on Fed- 6 eral lands transportation facilities or Federal lands access 7 transportation facilities and Tribal transportation facili- 8 ties, respectively.’’. 9 (b) CLERICAL AMENDMENT.—The analysis for chap- 10 ter 2 of title 23, United States Code, is amended by insert- 11 ing after the item relating to section 207 the following 12 new item: 13 ‘‘208. Federal lands and Tribal major projects program.’’. (c) REPEAL.—Section 1123 of the FAST Act (23 14 U.S.C. 201 note), and the item related to such section in 15 the table of contents under section 1(b) of such Act, are 16 repealed. 17 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 18 Section 102 of title 49, United States Code, is 19 amended— 20 (1) in subsection (e)(1)— 21 (A) by striking ‘‘6 Assistant’’ and inserting 22 ‘‘7 Assistant’’; 23 (B) in subparagraph (C) by striking ‘‘; 24 and’’ and inserting a semicolon; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 446 •HR 3684 IH (C) by redesignating subparagraph (D) as 1 subparagraph (E); and 2 (D) by inserting after subparagraph (C) 3 the following: 4 ‘‘(D) an Assistant Secretary for Tribal 5 Government Affairs, who shall be appointed by 6 the President; and’’; and 7 (2) in subsection (f)— 8 (A) in the heading by striking ‘‘DEPUTY 9 ASSISTANT SECRETARY FOR TRIBAL GOVERN- 10 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF 11 TRIBAL GOVERNMENT AFFAIRS’’; and 12 (B) by striking paragraph (1) and insert- 13 ing the following: 14 ‘‘(1) ESTABLISHMENT.—There is established in 15 the Department an Office of Tribal Government Af- 16 fairs, under the Assistant Secretary for Tribal Gov- 17 ernment Affairs, to— 18 ‘‘(A) oversee the Tribal transportation self- 19 governance program under section 207 of title 20 23; 21 ‘‘(B) plan, coordinate, and implement poli- 22 cies and programs serving Indian Tribes and 23 Tribal organizations; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 447 •HR 3684 IH ‘‘(C) coordinate Tribal transportation pro- 1 grams and activities in all offices and adminis- 2 trations of the Department; 3 ‘‘(D) provide technical assistance to Indian 4 Tribes and Tribal organizations; 5 ‘‘(E) be a participant in any negotiated 6 rulemakings relating to, or having an impact 7 on, projects, programs, or funding associated 8 with the tribal transportation program under 9 section 202 of title 23; and 10 ‘‘(F) ensure that Department programs 11 have in place, implement, and enforce require- 12 ments and obligations for regular and meaning- 13 ful consultation and collaboration with Tribes 14 and Tribal officials under Executive Order No. 15 13175 and to serve as the primary advisor to 16 the Secretary and other Department compo- 17 nents regarding violations of those require- 18 ments.’’. 19 SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 20 (a) LAND MANAGEMENT AGENCIES AND TRIBAL 21 GOVERNMENTS.—Section 201 of title 23, United States 22 Code, is amended by adding at the end the following: 23 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 448 •HR 3684 IH ‘‘(1) IN GENERAL.—Notwithstanding any other 1 provision of law, the Secretary may use a con- 2 tracting method available to a State under this title 3 on behalf of— 4 ‘‘(A) a Federal land management agency, 5 with respect to any funds available pursuant to 6 section 203 or 204; 7 ‘‘(B) a Federal land management agency, 8 with respect to any funds available pursuant to 9 section 1535 of title 31 for any eligible use de- 10 scribed in sections 203(a)(1) and 204(a)(1) of 11 this title; or 12 ‘‘(C) a Tribal Government, with respect to 13 any funds available pursuant to section 14 202(b)(7)(D). 15 ‘‘(2) METHODS DESCRIBED.—The contracting 16 methods referred to in paragraph (1) shall include, 17 at a minimum— 18 ‘‘(A) project bundling; 19 ‘‘(B) bridge bundling; 20 ‘‘(C) design-build contracting; 21 ‘‘(D) 2-phase contracting; 22 ‘‘(E) long-term concession agreements; and 23 ‘‘(F) any method tested, or that could be 24 tested, under an experimental program relating 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 449 •HR 3684 IH to contracting methods carried out by the Sec- 1 retary. 2 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 3 this subsection— 4 ‘‘(A) affects the application of the Federal 5 share for a project carried out with a con- 6 tracting method under this subsection; or 7 ‘‘(B) modifies the point of obligation of 8 Federal salaries and expenses.’’. 9 (b) USE OF ALTERNATIVE CONTRACTING METH- 10 OD.—In carrying out the amendments made by this sec- 11 tion, the Secretary shall— 12 (1) in consultation with the applicable Federal 13 land management agencies, establish procedures that 14 are— 15 (A) applicable to each alternative con- 16 tracting method; and 17 (B) to the maximum extent practicable, 18 consistent with requirements for Federal pro- 19 curement transactions; 20 (2) solicit input on the use of each alternative 21 contracting method from any affected industry prior 22 to using such method; and 23 (3) analyze and prepare an evaluation of the 24 use of each alternative contracting method. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 450 •HR 3684 IH SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 1 (a) IN GENERAL.—The Commissioner of the Bureau 2 of Reclamation may transfer ownership of a bridge that 3 is owned by the Bureau of Reclamation if— 4 (1) the ownership of the bridge is transferred to 5 a State with the concurrence of such State; 6 (2) the State to which ownership is transferred 7 agrees to operate and maintain the bridge; 8 (3) the transfer of ownership complies with all 9 applicable Federal requirements, including— 10 (A) section 138 of title 23, United States 11 Code; 12 (B) section 306108 of title 54, United 13 States Code; and 14 (C) the National Environmental Policy Act 15 of 1969 (42 U.S.C. 4321 et seq.); and 16 (4) the Bureau of Reclamation and the State to 17 which ownership is being transferred jointly notify 18 the Secretary of Transportation of the intent to con- 19 duct a transfer prior to such transfer. 20 (b) ACCESS.—In a transfer of ownership of a bridge 21 under this section, the Commissioner of the Bureau of 22 Reclamation— 23 (1) shall not be required to transfer ownership 24 of the land on which the bridge is located or any ad- 25 jacent lands; and 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 451 •HR 3684 IH (2) shall make arrangements with the State to 1 which ownership is being transferred to allow for 2 adequate access to such bridge, including for the 3 purposes of construction, maintenance, and bridge 4 inspections pursuant to section 144 of title 23, 5 United States Code. 6 SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO IN- 7 DIAN TRIBES. 8 Not later than January 31 of each year, the Sec- 9 retary of Transportation shall submit to the Committee 10 on Transportation and Infrastructure of the House of 11 Representatives and the Committee on Environment and 12 Public Works of the Senate a report that— 13 (1) identifies the number of Indian Tribes that 14 were direct recipients of funds under any discre- 15 tionary Federal highway, transit, or highway safety 16 program in the prior fiscal year; 17 (2) lists the total amount of such funds made 18 available directly to such Tribes; 19 (3) identifies the number and location of Indian 20 Tribes that were indirect recipients of funds under 21 any formula-based Federal highway, transit, or high- 22 way safety program in the prior fiscal year; and 23 (4) lists the total amount of such funds made 24 available indirectly to such tribes through states or 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 452 •HR 3684 IH other direct recipients of Federal highway, transit or 1 highway safety funding. 2 SEC. 1510. GAO STUDY. 3 (a) IN GENERAL.—The Comptroller General of the 4 United States shall conduct a study on the deferred main- 5 tenance of United States forest roads, including— 6 (1) the current backlog; 7 (2) the current actions on such maintenance 8 and backlog; 9 (3) the impacts of public safety due to such de- 10 ferred maintenance; and 11 (4) recommendations for Congress on ways to 12 address such backlog. 13 (b) REPORT.—Not later than 1 year after the date 14 of enactment of this Act, the Comptroller General of the 15 United States shall submit to the Committee on Transpor- 16 tation and Infrastructure of the House of Representatives 17 and the Committee on Environment and Public Works of 18 the Senate a report containing the results of the study 19 conducted under subsection (a). 20 SEC. 1511. FEDERAL LANDS ACCESS PROGRAM. 21 Section 204(a) of title 23, United States Code, is 22 amended— 23 (1) in paragraph (1)(A)— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 453 •HR 3684 IH (A) in the matter preceding clause (i), by 1 inserting ‘‘context-sensitive solutions,’’ after 2 ‘‘restoration,’’; 3 (B) in clause (i), by inserting ‘‘, including 4 interpretive panels in or adjacent to those 5 areas’’ after ‘‘areas’’; 6 (C) in clause (v), by striking ‘‘and’’ at the 7 end; 8 (D) by redesignating clause (vi) as clause 9 (ix); and 10 (E) by inserting after clause (v) the fol- 11 lowing: 12 ‘‘(vi) contextual wayfinding markers; 13 ‘‘(vii) landscaping; 14 ‘‘(viii) cooperative mitigation of visual 15 blight, including screening or removal; 16 and’’; and 17 (2) by adding at the end the following: 18 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying 19 out an activity described in paragraph (1), the Sec- 20 retary shall ensure that the entity carrying out the 21 activity considers— 22 ‘‘(A) the use of locally adapted native plant 23 materials; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 454 •HR 3684 IH ‘‘(B) designs that minimize runoff and 1 heat generation.’’. 2 Subtitle F—Additional Provisions 3 SEC. 1601. VISION ZERO. 4 (a) IN GENERAL.—A local government, metropolitan 5 planning organization, or regional transportation planning 6 organization may develop and implement a vision zero 7 plan to significantly reduce or eliminate transportation-re- 8 lated fatalities and serious injuries within a specified time- 9 frame, not to exceed 20 years. 10 (b) USE OF FUNDS.—Amounts apportioned to a 11 State under paragraph (2) or (3) of section 104(b) of title 12 23, United States Code, may be used— 13 (1) to carry out vision zero planning under this 14 section or a vulnerable road user safety assessment; 15 and 16 (2) to implement an existing vision zero plan. 17 (c) CONTENTS OF PLAN.—A vision zero plan under 18 this section shall include— 19 (1) a description of programs, strategies, or 20 policies intended to significantly reduce or eliminate 21 transportation-related fatalities and serious injuries 22 within a specified timeframe, not to exceed 20 years, 23 that is consistent with a State strategic highway 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 455 •HR 3684 IH safety plan and uses existing transportation data 1 and consideration of risk factors; 2 (2) plans for implementation of, education of 3 the public about, and enforcement of such programs, 4 strategies, or policies; 5 (3) a description of how such programs, strate- 6 gies, or policies, and the enforcement of such pro- 7 grams, strategies, or policies will— 8 (A) equitably invest in the safety needs of 9 low-income and minority communities; 10 (B) ensure that such communities are not 11 disproportionately targeted by law enforcement; 12 and 13 (C) protect the rights of members of such 14 communities with respect to title VI of the Civil 15 Rights Act of 1964 (42 U.S.C. 2000d et seq.); 16 and 17 (4) a description of a mechanism to evaluate 18 progress of the development and implementation of 19 the plan, including the gathering and use of trans- 20 portation safety and demographic data. 21 (d) INCLUSIONS.—A vision zero plan may include a 22 complete streets prioritization plan that identifies a spe- 23 cific list of projects to— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 456 •HR 3684 IH (1) create a connected network of active trans- 1 portation facilities, including sidewalks, bikeways, or 2 pedestrian and bicycle trails, to connect communities 3 and provide safe, reliable, affordable, and convenient 4 access to employment, housing, and services, con- 5 sistent with the goals described in section 150(b) of 6 title 23, United States Code; 7 (2) integrate active transportation facilities with 8 public transportation service or improve access to 9 public transportation; and 10 (3) improve transportation options for low-in- 11 come and minority communities. 12 (e) COORDINATION.—A vision zero plan under this 13 section shall provide for coordination of various subdivi- 14 sions of a unit of local government in the implementation 15 of the plan, including subdivisions responsible for law en- 16 forcement, public health, data collection, and public works. 17 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 18 zero plan under this section is not sufficient to dem- 19 onstrate compliance with the safety performance or plan- 20 ning requirements of section 148 or 150 of title 23, United 21 States Code. 22 (g) GUIDANCE ON SAFE SYSTEM APPROACH.—The 23 Secretary of Transportation shall develop guidance on the 24 consideration of a safe system approach in project plan- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 457 •HR 3684 IH ning, scoping, and design to facilitate the implementation 1 of vision zero plans under this section and vulnerable road 2 user assessments under section 148 of title 23, United 3 States Code. 4 (h) DEFINITIONS.—In this section, the terms ‘‘safe 5 system approach’’ and ‘‘vulnerable road user safety assess- 6 ment’’ have the meanings given such terms in section 148 7 of title 23, United States Code. 8 SEC. 1602. SPEED LIMITS. 9 (a) SPEED LIMITS.—The Secretary of Transpor- 10 tation shall revise the Manual on Uniform Traffic Control 11 Devices to provide for a safe system approach to setting 12 speed limits, consistent with the safety recommendations 13 issued by the National Transportation Safety Board on 14 August 15, 2017, numbered H–17–27 and H–17–028. 15 (b) CONSIDERATIONS.—In carrying out subpara- 16 graph (A), the Secretary shall consider— 17 (1) crash statistics; 18 (2) road geometry characteristics; 19 (3) roadside characteristics; 20 (4) traffic volume; 21 (5) the possibility and likelihood of human 22 error; 23 (6) human injury tolerance; 24 (7) the prevalence of vulnerable road users; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 458 •HR 3684 IH (8) any other consideration, consistent with a 1 safe system approach, as determined by the Sec- 2 retary. 3 (c) REPORT ON SPEED MANAGEMENT PROGRAM 4 PLAN.—Not later than 1 year after the date of enactment 5 of this Act, the Secretary shall update and report on the 6 implementation progress of the Speed Management Pro- 7 gram Plan of the Department of Transportation, as de- 8 scribed in the safety recommendation issued by the Na- 9 tional Transportation Safety Board on August 15, 2017, 10 numbered H–17–018. 11 (d) DEFINITIONS.—In this section, the terms ‘‘safe 12 system approach’’ and ‘‘vulnerable road user’’ have the 13 meanings given such terms in section 148(a) of title 23, 14 United States Code. 15 SEC. 1603. DIG ONCE FOR BROADBAND INFRASTRUCTURE 16 DEPLOYMENT. 17 (a) DEFINITIONS.—In this section: 18 (1) APPROPRIATE STATE AGENCY.—The term 19 ‘‘appropriate State agency’’ means a State govern- 20 mental agency that is recognized by the executive 21 branch of the State as having the experience nec- 22 essary to evaluate and facilitate the installation and 23 operation of broadband infrastructure within the 24 State. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 459 •HR 3684 IH (2) BROADBAND.—The term ‘‘broadband’’ has 1 the meaning given the term ‘‘advanced telecommuni- 2 cations capability’’ in section 706 of the Tele- 3 communications Act of 1996 (47 U.S.C. 1302). 4 (3) BROADBAND CONDUIT.—The term 5 ‘‘broadband conduit’’ means a conduit or innerduct 6 for fiber optic cables (or successor technology of 7 greater quality and speed) that supports the provi- 8 sion of broadband. 9 (4) BROADBAND INFRASTRUCTURE.—The term 10 ‘‘broadband infrastructure’’ means any buried or un- 11 derground facility and any wireless or wireline con- 12 nection that enables the provision of broadband. 13 (5) BROADBAND PROVIDER.—The term 14 ‘‘broadband provider’’ means an entity that provides 15 broadband to any person, including, with respect to 16 such entity— 17 (A) a corporation, company, association, 18 firm, partnership, nonprofit organization, or 19 any other private entity; 20 (B) a State or local broadband provider; 21 (C) an Indian Tribe; and 22 (D) a partnership between any of the enti- 23 ties described in subparagraphs (A), (B), and 24 (C). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 460 •HR 3684 IH (6) COVERED HIGHWAY CONSTRUCTION 1 PROJECT.— 2 (A) IN GENERAL.—The term ‘‘covered 3 highway construction project’’ means, without 4 regard to ownership of a highway, a project 5 funded under title 23, United States Code, and 6 administered by a State department of trans- 7 portation to construct a new highway or an ad- 8 ditional lane for an existing highway, to recon- 9 struct an existing highway, or new construction, 10 including construction of a paved shoulder. 11 (B) EXCLUSIONS.—The term ‘‘covered 12 highway construction project’’ excludes any 13 project— 14 (i) awarded before the date on which 15 regulations required under subsection (b) 16 take effect; 17 (ii) that does not include work beyond 18 the edge of pavement or current paved 19 shoulder; 20 (iii) that is less than a mile in length; 21 or 22 (iv) that is— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 461 •HR 3684 IH (I) a project primarily for resur- 1 facing, restoration, rehabilitation, or 2 maintenance; 3 (II) a bicycle, pedestrian, trans- 4 portation alternatives, sidewalk, rec- 5 reational trails, or safe routes to 6 school project; 7 (III) an operational improvement 8 (as such term is defined in section 9 101 of title 23, United States Code); 10 (IV) a project primarily to install 11 signage; or 12 (V) a culvert project. 13 (7) DIG ONCE REQUIREMENT.—The term ‘‘dig 14 once requirement’’ means a requirement designed to 15 reduce the cost and accelerate the deployment of 16 broadband by minimizing the number and scale of 17 repeated excavations for the installation and mainte- 18 nance of broadband conduit or broadband infrastruc- 19 ture in rights-of-way. 20 (8) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 21 has the meaning given such term in section 4(e) of 22 the Indian Self-Determination and Education Assist- 23 ance Act (25 U.S.C. 5304(e)). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 462 •HR 3684 IH (9) NTIA ADMINISTRATOR.—The term ‘‘NTIA 1 Administrator’’ means the Assistant Secretary of 2 Commerce for Communications and Information. 3 (10) PROJECT.—The term ‘‘project’’ has the 4 meaning given such term in section 101 of title 23, 5 United States Code. 6 (11) SECRETARY.—The term ‘‘Secretary’’ 7 means the Secretary of Transportation. 8 (12) STATE.—The term ‘‘State’’ has the mean- 9 ing given such term in section 401 of title 23, 10 United States Code. 11 (13) STATE OR LOCAL BROADBAND PRO- 12 VIDER.—The term ‘‘State or local broadband pro- 13 vider’’ means a State or political subdivision thereof, 14 or any agency, authority, or instrumentality of a 15 State or political subdivision thereof, that provides 16 broadband to any person or facilitates the provision 17 of broadband to any person in such State. 18 (b) DIG ONCE REQUIREMENT.—Not later than 12 19 months after the date of enactment of this Act, to facili- 20 tate the installation of broadband infrastructure, the Sec- 21 retary shall issue such regulations as may be necessary 22 to ensure that each State that receives funds under chap- 23 ter 1 of title 23, United States Code, complies with the 24 following provisions: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 463 •HR 3684 IH (1) BROADBAND PLANNING AND NOTICE.—The 1 State department of transportation, in consultation 2 with appropriate State agencies, shall— 3 (A) review existing State broadband plans, 4 including existing dig once requirements of the 5 State, municipal governments incorporated 6 under State law, and Indian tribes within the 7 State, to determine opportunities to coordinate 8 covered highway construction projects occurring 9 within or across highway rights-of-way with 10 planned broadband infrastructure projects; 11 (B) identify a broadband coordinator, who 12 may have additional responsibilities in the State 13 department of transportation or in another 14 State agency, that is responsible for facilitating 15 the broadband infrastructure right-of-way ef- 16 forts within the State; and 17 (C) establish a process— 18 (i) for the registration of broadband 19 providers that seek to be included in the 20 advance notification of, and opportunity to 21 participate in, broadband infrastructure 22 right-of-way facilitation efforts within the 23 State; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 464 •HR 3684 IH (ii) to electronically notify all 1 broadband providers registered under 2 clause (i)— 3 (I) of the State transportation 4 improvement program on at least an 5 annual basis; and 6 (II) of covered highway construc- 7 tion projects within the highway right- 8 of-way for which Federal funding is 9 expected to be obligated in the subse- 10 quent fiscal year. 11 (2) COORDINATION AND COMPLIANCE.— 12 (A) MOBILE NOW ACT.—A State depart- 13 ment of transportation shall be considered to 14 meet the requirements of subparagraphs (B) 15 and (C) of paragraph (1) if such State depart- 16 ment of transportation has been determined to 17 be in compliance with the requirements estab- 18 lished under section 607 of division P of the 19 Consolidated Appropriations Act, 2018 (47 20 U.S.C. 1504). 21 (B) WEBSITE.—A State department of 22 transportation shall be considered to meet the 23 requirements of paragraph (1)(C) if the State 24 publishes on a public website— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 465 •HR 3684 IH (i) the State transportation improve- 1 ment program on at least an annual basis; 2 and 3 (ii) covered highway construction 4 projects within the highway right-of-way 5 for which Federal funding is expected to be 6 obligated in the subsequent fiscal year. 7 (C) COORDINATION.—The State depart- 8 ment of transportation, in consultation with ap- 9 propriate State agencies, shall by rule or regu- 10 lation establish a process for a broadband pro- 11 vider to commit to installing broadband conduit 12 or broadband infrastructure as part of any cov- 13 ered highway construction project. 14 (D) APPROPRIATE STATE AGENCY.—In 15 lieu of the State department of transportation, 16 at the discretion of the State, an appropriate 17 State agency, in consultation with the State de- 18 partment of transportation, may carry out the 19 requirements of paragraph (1). 20 (3) REQUIRED INSTALLATION OF BROADBAND 21 CONDUIT.— 22 (A) IN GENERAL.—The State department 23 of transportation shall install broadband con- 24 duit, in accordance with this paragraph (except 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 466 •HR 3684 IH as described in subparagraph (F)), as part of 1 any covered highway construction project, un- 2 less a broadband provider has committed to in- 3 stall broadband conduit or broadband infra- 4 structure as part of such project in a process 5 described under paragraph (2)(C). 6 (B) INSTALLATION REQUIREMENTS.—In 7 installing broadband conduit or broadband in- 8 frastructure as part of a covered highway con- 9 struction project, the State department of 10 transportation shall ensure that— 11 (i) installation pursuant to this para- 12 graph of broadband conduit, broadband in- 13 frastructure, and means or points of access 14 to such conduit or infrastructure (such as 15 poles, hand holes, manholes, pull tape, or 16 ducts) shall provide for the current and fu- 17 ture safe operation of the traveled way, is 18 consistent with part 645 of title 23, Code 19 of Federal Regulations, and any accommo- 20 dation policies of the State under such 21 part to reasonably enable deployment of 22 such conduit, infrastructure, and means or 23 points of access, and any Damage Preven- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 467 •HR 3684 IH tion and Underground Facilities Protection 1 or related requirements of the State; 2 (ii) an appropriate number of 3 broadband conduits, as determined in con- 4 sultation with the appropriate State agen- 5 cies, are installed along the right-of-way of 6 a covered highway construction project to 7 accommodate multiple broadband pro- 8 viders, with consideration given to the 9 availability of existing broadband conduits; 10 (iii) the size of each broadband con- 11 duit is consistent with industry best prac- 12 tices, consistent with the requirements of 13 part 645 of title 23, Code of Federal Regu- 14 lations, and sufficient to accommodate an- 15 ticipated demand, as determined in con- 16 sultation with the appropriate State agen- 17 cies; 18 (iv) any hand holes and manholes nec- 19 essary for fiber access and pulling with re- 20 spect to such conduit are placed at inter- 21 vals consistent with standards determined 22 in consultation with the appropriate State 23 agencies (which may differ by type of road, 24 topologies, and rurality) the requirements 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 468 •HR 3684 IH of part 645 of title 23, Code of Federal 1 Regulations, and other applicable safety re- 2 quirements; 3 (v) each broadband conduit installed 4 pursuant to this paragraph includes a pull 5 tape and is capable of supporting fiber 6 optic cable placement techniques consistent 7 with best practices and the requirements of 8 part 645 of title 23, Code of Federal Regu- 9 lations; 10 (vi) broadband conduit is placed at a 11 depth consistent with requirements of the 12 covered highway construction project and 13 best practices and that, in determining the 14 depth of placement, consideration is given 15 to the location of existing utilities and 16 cable separation requirements of State and 17 local electrical codes; and 18 (vii) installation of broadband conduit 19 shall not preclude the installation of other 20 specific socially, environmentally, or eco- 21 nomically beneficial uses of the right-of- 22 way, such as planned energy transmission 23 or renewable energy generation projects. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 469 •HR 3684 IH (C) PROGRAMMATIC REVIEW.—The State 1 department of transportation may make deter- 2 minations on the implementation of the require- 3 ments described in subparagraph (B) on a pro- 4 grammatic basis. 5 (D) ACCESS.— 6 (i) IN GENERAL.—The State depart- 7 ment of transportation shall ensure that 8 any requesting broadband provider has ac- 9 cess to each broadband conduit installed by 10 the State pursuant to this paragraph, on a 11 competitively neutral and nondiscrim- 12 inatory basis and in accordance with State 13 permitting, licensing, leasing, or other 14 similar laws and regulations. 15 (ii) SOCIALLY BENEFICIAL USE.—The 16 installation of broadband conduit as part 17 of a covered highway construction project 18 shall be considered a socially-beneficial use 19 of the right-of-way under section 156(b) of 20 title 23, United States Code. 21 (iii) IN-KIND COMPENSATION.—The 22 State department of transportation may 23 negotiate in-kind compensation with any 24 broadband provider requesting access to 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 470 •HR 3684 IH broadband conduit installed under the pro- 1 visions of this paragraph. 2 (iv) SAFETY CONSIDERATIONS.—The 3 State department of transportation shall 4 provide for a process for a broadband pro- 5 vider to safely access to the highway right- 6 of-way during installation and on-going 7 maintenance of the broadband conduit and 8 broadband infrastructure, including a traf- 9 fic control safety plan. 10 (v) COMMUNICATION.—A broadband 11 provider with access to the conduit in- 12 stalled pursuant to this subsection shall 13 notify, and receive permission from, the 14 relevant agencies of State responsible for 15 the installation of such broadband conduit 16 prior to accessing any highway or highway 17 right-of-way, in accordance with applicable 18 Federal requirements. 19 (E) TREATMENT OF PROJECTS.—Notwith- 20 standing any other provision of law, broadband 21 conduit and broadband infrastructure installa- 22 tion projects installed by a State under this 23 paragraph under this paragraph shall comply 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 471 •HR 3684 IH with section 113(a) of title 23, United States 1 Code. 2 (F) WAIVER AUTHORITY.— 3 (i) IN GENERAL.—A State department 4 of transportation may waive the required 5 installation of broadband conduit for part 6 or all of any covered highway construction 7 project under this paragraph if, in the de- 8 termination of the State department of 9 transportation— 10 (I) broadband infrastructure, ter- 11 restrial broadband infrastructure, aer- 12 ial broadband fiber cables, or 13 broadband conduit is present near a 14 majority of the length of the covered 15 highway construction project; 16 (II) installation of terrestrial or 17 aerial broadband fiber cables associ- 18 ated with the covered highway con- 19 struction project is more appropriate 20 for the context or a more cost-effec- 21 tive means to facilitate broadband 22 service to an area not adequately 23 served by broadband and such instal- 24 lation is present or planned; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 472 •HR 3684 IH (III) the installation of 1 broadband conduit increases overall 2 costs of a covered highway construc- 3 tion project by 1.5 percent or greater; 4 (IV) the installation of 5 broadband conduit associated with the 6 covered highway construction project 7 is not reasonably expected to be uti- 8 lized or connected to future 9 broadband infrastructure in the 20 10 years following the date on which such 11 determination is made, as determined 12 by the State department of transpor- 13 tation, in consultation with appro- 14 priate State agencies and potentially 15 affected local governments and Indian 16 tribes; 17 (V) the requirements of this 18 paragraph would require installation 19 of conduit redundant with a dig once 20 requirement of a local government or 21 Indian tribe; 22 (VI) there exists a circumstance 23 involving force majeure; or 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 473 •HR 3684 IH (VII) the installation of conduit 1 is not appropriate based on other rel- 2 evant factors established by the Sec- 3 retary in consultation with the NTIA 4 Administrator through regulation. 5 (ii) CONTENTS OF WAIVER.—A waiver 6 authorized under this subparagraph 7 shall— 8 (I) identify the covered highway 9 construction project; and 10 (II) include a brief description of 11 the determination of the State for 12 issuing such waiver. 13 (iii) AVAILABILITY OF WAIVER.—Noti- 14 fication of a waiver authorized under this 15 subparagraph shall be made publicly avail- 16 able, such as on a public website of the 17 State department of transportation de- 18 scribed in paragraph (2)(B). 19 (iv) WAIVER DETERMINATION.— 20 (I) IN GENERAL.—The State de- 21 partment of transportation shall be 22 responsible for the waiver determina- 23 tion described under this paragraph, 24 consistent with the regulation issued 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 474 •HR 3684 IH pursuant to this subsection, and may 1 grant a programmatic waiver for cat- 2 egories of projects excluded under this 3 subparagraph. 4 (II) NO PRIVATE CAUSE OF AC- 5 TION.—The waiver determination de- 6 scribed under this paragraph shall be 7 final and conclusive. Nothing in this 8 section shall provide a private right or 9 cause of action to challenge such de- 10 termination in any court of law. 11 (4) PRIORITY.—If a State provides for the in- 12 stallation of broadband infrastructure or broadband 13 conduit in the right-of-way of a covered highway 14 construction project, the State department of trans- 15 portation, along with appropriate State agencies, 16 shall carry out appropriate measures to ensure that 17 an existing broadband provider is afforded access 18 that is non-discriminatory, competitively neutral, 19 and equal in opportunity, as compared to other 20 broadband providers, with respect to the program 21 under this subsection. 22 (c) GUIDANCE FOR THE INSTALLATION OF 23 BROADBAND CONDUIT.—The Secretary, in consultation 24 with the NTIA Administrator, shall issue guidance for 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 475 •HR 3684 IH best practices related to the installation of broadband con- 1 duit as described in subsection (b)(2) and of conduit and 2 similar infrastructure for intelligent transportation sys- 3 tems (as such term is defined in section 501 of title 23, 4 United States Code) that may utilize broadband conduit 5 installed pursuant to subsection (b)(2). 6 (d) CONSULTATION.— 7 (1) IN GENERAL.—In issuing regulations re- 8 quired by this subsection or to implement any part 9 of this section, the Secretary shall consult— 10 (A) the NTIA Administrator; 11 (B) the Federal Communications Commis- 12 sion; 13 (C) State departments of transportation; 14 (D) appropriate State agencies; 15 (E) agencies of local governments respon- 16 sible for transportation and rights-of-way, utili- 17 ties, and telecommunications and broadband; 18 (F) Indian tribes; 19 (G) broadband providers; and 20 (H) manufacturers of optical fiber, con- 21 duit, pull tape, and related items. 22 (2) BROADBAND USERS.—The Secretary shall 23 ensure that the entities consulted under subpara- 24 graphs (C) through (F) of paragraph (1) include en- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 476 •HR 3684 IH tities that have expertise with rural areas and popu- 1 lations with limited access to broadband infrastruc- 2 ture. 3 (3) BROADBAND PROVIDERS.—The Secretary 4 shall ensure that the entities consulted under sub- 5 paragraph (G) of paragraph (1) include entities that 6 provide broadband to rural areas and populations 7 with limited access to broadband infrastructure. 8 (e) OVERSIGHT.— 9 (1) IN GENERAL.—The Secretary shall periodi- 10 cally review compliance with the regulations issued 11 pursuant to this section and ensure that State waiv- 12 er determinations are consistent with such regula- 13 tions. 14 (2) EFFICIENT REVIEW.—The review described 15 under paragraph (1) may be carried out through the 16 risk-based stewardship and oversight program de- 17 scribed under section 106(g) of title 23, United 18 States Code. 19 (3) EFFECT OF SUBSECTION.—Nothing in this 20 subsection shall affect or discharge any oversight re- 21 sponsibility of the Secretary specifically provided for 22 under title 23, United States Code, or any other 23 Federal law. 24 (f) ADDITIONAL PROVISIONS.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 477 •HR 3684 IH (1) APPLICABILITY.— 1 (A) IN GENERAL.—The portion of the reg- 2 ulation issued pursuant to subsection (b) relat- 3 ing to the provisions under paragraph (3) of 4 such subsection shall not take effect until a 5 source of dedicated funding for the installation 6 and long term maintenance of broadband con- 7 duit described in subsection (g)(2) is estab- 8 lished. 9 (B) APPLICABILITY DATE.—Paragraphs 10 (2) through (4) of subsection (b) and subsection 11 (d) shall apply only to covered highway con- 12 struction projects for which Federal obligations 13 or expenditures are initially approved on or 14 after the date on which regulations required 15 under this subsection take effect. 16 (2) RULES OF CONSTRUCTION.— 17 (A) STATE LAW.—Nothing in this sub- 18 section shall be construed to require a State to 19 install or allow the installation of broadband 20 conduit or broadband infrastructure— 21 (i) that is otherwise inconsistent with 22 what is allowable under State law; or 23 (ii) where the State lacks the author- 24 ity for such installation, such as any prop- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 478 •HR 3684 IH erty right or easement necessary for such 1 installation. 2 (B) NO REQUIREMENT FOR INSTALLATION 3 OF MOBILE SERVICES EQUIPMENT.—Nothing in 4 this section shall be construed to require a 5 State, a municipal government incorporated 6 under State law, or an Indian Tribe to install 7 or allow for the installation of equipment essen- 8 tial for the provision of commercial mobile serv- 9 ices (as defined in section 332(d) of the Com- 10 munications Act of 1934 (47 U.S.C. 332(d))) 11 or commercial mobile data service (as defined in 12 section 6001 of the Middle Class Tax Relief 13 and Job Creation Act of 2012 (47 U.S.C. 14 1401)), other than broadband conduit and asso- 15 ciated equipment described in paragraph 16 (3)(B). 17 (3) RELATION TO STATE DIG ONCE REQUIRE- 18 MENTS.—Nothing in subsections (b), (c), (d), or (e) 19 or any regulations issued pursuant to subsection (b) 20 shall be construed to alter or supersede any provi- 21 sion of a State law or regulation that provides for 22 a dig once requirement that includes similar or more 23 stringent requirements to the provisions of sub- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 479 •HR 3684 IH sections (b), (c), (d), or (e) and any regulations pro- 1 mulgated under subsection (b). 2 (g) DIG ONCE FUNDING TASK FORCE.— 3 (1) ESTABLISHMENT.—The Secretary and the 4 NTIA Administrator shall jointly establish an inde- 5 pendent task force on funding the nationwide dig 6 once requirement described in this section to be 7 known as the ‘‘Dig Once Funding Task Force’’ 8 (hereinafter referred to as the ‘‘Task Force’’). 9 (2) DUTIES.—The duties of the Task Force 10 shall be to— 11 (A) estimate the annual cost for imple- 12 menting, administering, and maintaining a na- 13 tionwide dig once requirement; 14 (B) propose and evaluate options for fund- 15 ing a nationwide dig once requirement described 16 in this section that includes— 17 (i) a discussion of the role and poten- 18 tial share of costs of— 19 (I) the Federal Government; 20 (II) State and local governments 21 and Indian tribes; and 22 (III) broadband providers install- 23 ing broadband conduit or broadband 24 infrastructure under this section; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 480 •HR 3684 IH (ii) consideration of the role of exist- 1 ing dig once requirements on States, local 2 governments, and Indian tribes and the 3 role of private broadband investment, with 4 a goal to not discourage or disincentivize 5 such dig once requirements or such invest- 6 ment; and 7 (iii) evaluating the appropriate entity 8 or entities responsible for maintaining the 9 broadband infrastructure and conduit in- 10 stalled pursuant to a dig once requirement; 11 and 12 (C) propose a cost-based model fee sched- 13 ule for a State to charge a broadband provider 14 to access and use conduit installed by such 15 State pursuant to this section that— 16 (i) shall consider costs (including ad- 17 ministrative costs) associated with installa- 18 tion and long-term maintenance of the 19 broadband conduit installed pursuant to 20 this section; 21 (ii) may vary by topography, location, 22 type of road, rurality, and other factors; 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 481 •HR 3684 IH (iii) may consider financial and mar- 1 ket incentives for expanding broadband in- 2 frastructure. 3 (3) REPORTS.— 4 (A) INTERIM REPORT AND BRIEFING.— 5 Not later than 9 months after the appointment 6 of Members to the Task Force under paragraph 7 (4)(D), the Task Force shall— 8 (i) submit to Congress an interim re- 9 port on the findings of the Task Force; 10 and 11 (ii) provide briefings for Congress on 12 the findings of the Task Force. 13 (B) FINAL REPORT.—Not later than 3 14 months after the submission of the interim re- 15 port under subparagraph (A), the Task Force 16 shall submit to Congress a final report on the 17 findings of the Task Force. 18 (4) MEMBERS.— 19 (A) APPOINTMENTS.—The Task Force 20 shall consist of 14 members, comprising— 21 (i) 2 co-chairs described in subpara- 22 graph (B); 23 (ii) 6 members jointly appointed by 24 the Speaker and minority leader of the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 482 •HR 3684 IH House of Representatives, in consultation 1 with the respective Chairs and Ranking 2 Members of— 3 (I) the Committee on Transpor- 4 tation and Infrastructure of the 5 House of Representatives; 6 (II) the Committee on Energy 7 and Commerce of the House of Rep- 8 resentatives; and 9 (III) the Committee on Appro- 10 priations of the House of Representa- 11 tives; and 12 (iii) 6 members jointly appointed by 13 the majority leader and minority leader of 14 the Senate, in consultation with the respec- 15 tive Chairs and Ranking Members of the— 16 (I) the Committee on Environ- 17 ment and Public Works of the Senate; 18 (II) the Committee on Com- 19 merce, Science, and Transportation of 20 the Senate; and 21 (III) the Committee on Appro- 22 priations of the Senate. 23 (B) CO-CHAIRS.—The Task Force shall be 24 co-chaired by the Secretary and the NTIA Ad- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 483 •HR 3684 IH ministrator, or the designees of the Secretary 1 and NTIA Administrator. 2 (C) COMPOSITION.—The Task Force shall 3 include at least— 4 (i) 1 representative from a State de- 5 partment of transportation; 6 (ii) 1 representative from a local gov- 7 ernment; 8 (iii) 1 representative from an Indian 9 tribe; 10 (iv) 1 representative from a 11 broadband provider; 12 (v) 1 representative from a State or 13 local broadband provider; 14 (vi) 1 representative from a labor 15 union; and 16 (vii) 1 representative from a public in- 17 terest organization. 18 (D) APPOINTMENT DEADLINE.—Members 19 shall be appointed to the Task Force not later 20 than 60 days after the date of enactment of 21 this Act. 22 (E) TERMS.—Members shall be appointed 23 for the life of the Task Force. A vacancy in the 24 Task Force shall not affect the powers of the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 484 •HR 3684 IH Task Force and the vacancy shall be filled in 1 the same manner as the initial appointment was 2 made. 3 (5) CONSULTATIONS.—In carrying out the du- 4 ties required under this subsection, the Task Force 5 shall consult, at a minimum— 6 (A) the Federal Communications Commis- 7 sion; 8 (B) agencies of States including— 9 (i) State departments of transpor- 10 tation; and 11 (ii) appropriate State agencies; 12 (C) agencies of local governments respon- 13 sible for transportation and rights-of-way, utili- 14 ties, and telecommunications and broadband; 15 (D) Indian tribes; 16 (E) broadband providers and other tele- 17 communications providers; 18 (F) labor unions; and 19 (G) State or local broadband providers and 20 Indian tribes that act as broadband providers. 21 (6) ADDITIONAL PROVISIONS.— 22 (A) EXPENSES FOR NON-FEDERAL MEM- 23 BERS.—Non-Federal members of the Task 24 Force shall be allowed travel expenses, includ- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 485 •HR 3684 IH ing per diem in lieu of subsistence, at rates au- 1 thorized for employees under subchapter I of 2 chapter 57 of title 5, United States Code, while 3 away from the homes or regular places of busi- 4 ness of such members in the performance of 5 services for the Task Force. 6 (B) STAFF.—Staff of the Task Force shall 7 comprise detailees with relevant expertise from 8 the Department of Transportation and the Na- 9 tional Telecommunications and Information Ad- 10 ministration, or another Federal agency that 11 the co-chairpersons consider appropriate, with 12 the consent of the head of the Federal agency, 13 and such detailees shall retain the rights, sta- 14 tus, and privileges of the regular employment of 15 such detailees without interruption. 16 (C) ADMINISTRATIVE ASSISTANCE.—The 17 Secretary and NTIA Administrator shall pro- 18 vide to the Task Force on a reimbursable basis 19 administrative support and other services for 20 the performance of the functions of the Task 21 Force. 22 (7) TERMINATION.—The Task Force shall ter- 23 minate not later than 90 days after submission of 24 the final report required under paragraph (3)(B). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 486 •HR 3684 IH SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES. 1 (a) STUDY.— 2 (1) IN GENERAL.—Not later than 180 days 3 after the date of enactment of this Act, the Sec- 4 retary of Transportation and the Administrator shall 5 seek to enter into an agreement with the Transpor- 6 tation Research Board of the National Academy of 7 Sciences to under which the Transportation Re- 8 search Board shall conduct a study— 9 (A) to estimate pollutant loads from 10 stormwater runoff from highways and pedes- 11 trian facilities eligible for assistance under title 12 23, United States Code, to inform the develop- 13 ment of appropriate total maximum daily load 14 requirements; 15 (B) to provide recommendations (including 16 recommended revisions to existing laws and reg- 17 ulations) regarding the evaluation and selection 18 by State departments of transportation of po- 19 tential stormwater management and total max- 20 imum daily load compliance strategies within a 21 watershed, including environmental restoration 22 and pollution abatement carried out under sec- 23 tion 328 of title 23, United States Code; 24 (C) to examine the potential for the Sec- 25 retary to assist State departments of transpor- 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 487 •HR 3684 IH tation in carrying out and communicating 1 stormwater management practices for highways 2 and pedestrian facilities that are eligible for as- 3 sistance under title 23, United States Code, 4 through information-sharing agreements, data- 5 base assistance, or an administrative platform 6 to provide the information described in sub- 7 paragraphs (A) and (B) to entities issued per- 8 mits under the Federal Water Pollution Control 9 Act (33 U.S.C. 1251 et seq.); and 10 (D) to examine the benefit of concen- 11 trating stormwater retrofits in impaired water- 12 sheds and selecting such retrofits according to 13 a process that depends on a watershed manage- 14 ment plan developed in accordance with section 15 319 of the Federal Water Pollution Control Act 16 (33 U.S.C. 1329). 17 (2) REQUIREMENTS.—In conducting the study 18 under the agreement entered into pursuant to para- 19 graph (1), the Transportation Research Board 20 shall— 21 (A) review and supplement, as appropriate, 22 the methodologies examined and recommended 23 in the 2019 report of the National Academies 24 of Sciences, Engineering, and Medicine titled 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 488 •HR 3684 IH ‘‘Approaches for Determining and Complying 1 with TMDL Requirements Related to Roadway 2 Stormwater Runoff’’; 3 (B) consult with— 4 (i) the Secretary of Transportation; 5 (ii) the Secretary of Agriculture; 6 (iii) the Administrator; 7 (iv) the Secretary of the Army, acting 8 through the Chief of Engineers; and 9 (v) State departments of Transpor- 10 tation; and 11 (C) solicit input from— 12 (i) stakeholders with experience in im- 13 plementing stormwater management prac- 14 tices for projects; and 15 (ii) educational and technical 16 stormwater management groups. 17 (3) REPORT.—In carrying out the agreement 18 entered into pursuant to paragraph (1), not later 19 than 18 months after the date of enactment of this 20 Act, the Transportation Research Board shall sub- 21 mit to the Secretary of Transportation, the Adminis- 22 trator, the Committee on Transportation and Infra- 23 structure of the House of Representatives, and the 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 489 •HR 3684 IH Committee on Environment and Public Works of the 1 Senate a report describing the results of the study. 2 (b) STORMWATER BEST MANAGEMENT PRACTICES 3 REPORTS.— 4 (1) REISSUANCE.—Not later than 180 days 5 after the date of enactment of this Act, the Adminis- 6 trator shall update and reissue the best management 7 practices reports to reflect new information and ad- 8 vancements in stormwater management. 9 (2) UPDATES.—Not less frequently than once 10 every 5 years after the date on which the Secretary 11 reissues the best management practices reports 12 under paragraph (1), the Secretary shall update and 13 reissue the best management practices reports, un- 14 less the contents of the best management practices 15 reports have been incorporated (including by ref- 16 erence) into applicable regulations of the Secretary. 17 (c) DEFINITIONS.—In this section: 18 (1) ADMINISTRATOR.—The term ‘‘Adminis- 19 trator’’ means the Administrator of the Environ- 20 mental Protection Agency. 21 (2) BEST MANAGEMENT PRACTICES RE- 22 PORTS.—The term ‘‘best management practices re- 23 ports’’ means— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 490 •HR 3684 IH (A) the 2014 report sponsored by the De- 1 partment of Transportation titled ‘‘Determining 2 the State of the Practice in Data Collection and 3 Performance Measurement of Stormwater Best 4 Management Practices’’ (FHWA–HEP–16– 5 021); and 6 (B) the 2000 report sponsored by the De- 7 partment of Transportation titled ‘‘Stormwater 8 Best Management Practices in an Ultra-Urban 9 Setting: Selection and Monitoring’’. 10 (3) TOTAL MAXIMUM DAILY LOAD.—The term 11 ‘‘total maximum daily load’’ has the meaning given 12 such term in section 130.2 of title 40, Code of Fed- 13 eral Regulations (or successor regulations). 14 SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT- 15 OF-WAY. 16 (a) IN GENERAL.—Not later than 180 days after the 17 date of enactment of this Act, the Architectural and 18 Transportation Barriers Compliance Board under the au- 19 thority of section 502(b)(3) of the Rehabilitation Act of 20 1973 (29 U.S.C. 792(b)(3)), shall publish final accessi- 21 bility guidelines setting forth minimum standards for pe- 22 destrian facilities in the public right-of-way, including 23 shared use paths. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 491 •HR 3684 IH (b) ADOPTION OF REGULATIONS.—Not later than 1 180 days after the establishment of the guidelines pursu- 2 ant to subsection (a), the Secretary shall issue such regu- 3 lations as are necessary to adopt such guidelines. 4 SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT. 5 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 6 (1) IN GENERAL.—The Secretary of Transpor- 7 tation, in consultation with the State departments of 8 transportation and representatives of local govern- 9 ments (including metropolitan planning organiza- 10 tions), shall conduct a highway formula moderniza- 11 tion study to assess the method and data used to ap- 12 portion Federal-aid highway funds under subsections 13 (b) and (c) of section 104 of title 23, United States 14 Code, and issue recommendations on such method 15 and data. 16 (2) ASSESSMENT.—The highway formula mod- 17 ernization study required under paragraph (1) shall 18 include an assessment of, based on the latest avail- 19 able data, whether the apportionment method under 20 such section results in— 21 (A) an equitable distribution of funds 22 based on the estimated tax payments attrib- 23 utable to— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 492 •HR 3684 IH (i) highway users in the State that are 1 paid into the Highway Trust Fund; and 2 (ii) individuals in the State that are 3 paid to the Treasury, based on contribu- 4 tions to the Highway Trust Fund from the 5 general fund of the Treasury; and 6 (B) the achievement of the goals described 7 in section 101(b)(3) of title 23, United States 8 Code. 9 (3) CONSIDERATIONS.—In carrying out the as- 10 sessment under paragraph (2), the Secretary shall 11 consider the following: 12 (A) The factors described in sections 13 104(b), 104(f)(2), 104(h)(2), 130(f), and 14 144(e) of title 23, United States Code, as in ef- 15 fect on the date of enactment of SAFETEA– 16 LU (Public Law 109–59). 17 (B) The availability and accuracy of data 18 necessary to calculate formula apportionments 19 under the factors described in subparagraph 20 (A). 21 (C) The measures established under sec- 22 tion 150 of title 23, United States Code, and 23 whether such measures are appropriate for con- 24 sideration as formula apportionment factors. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 493 •HR 3684 IH (D) The results of the CMAQ formula 1 modernization study required under subsection 2 (b). 3 (E) Inclusion of the Commonwealth of 4 Puerto Rico in the apportionment under sub- 5 sections (b) and (c) of section 104 of such title, 6 including an estimate of the anticipated con- 7 tributions to the Highway Trust Fund from the 8 citizens of Puerto Rico if Puerto Rico was sub- 9 ject to applicable highway user fees. 10 (F) A needs-based assessment of the share 11 of Federal-aid highway funds that should be 12 made available to the territories described 13 under section 165(c) of such title. 14 (G) Any other factors that the Secretary 15 determines are appropriate. 16 (4) RECOMMENDATIONS.—The Secretary shall, 17 in consultation with the State departments of trans- 18 portation and representatives of local governments 19 (including metropolitan planning organizations), de- 20 velop recommendations on a new apportionment 21 method, including— 22 (A) the factors recommended to be in- 23 cluded in such apportionment method; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 494 •HR 3684 IH (B) the weighting recommended to be ap- 1 plied to the factors under subparagraph (A); 2 and 3 (C) any other recommendations to ensure 4 that the apportionment method best achieves an 5 equitable distribution of funds described under 6 paragraph (2)(A) and the goals described in 7 paragraph (2)(B). 8 (b) CMAQ FORMULA MODERNIZATION STUDY.— 9 (1) IN GENERAL.—Not later than 1 year after 10 the date of enactment of this Act, the Secretary of 11 Transportation, in consultation with the Adminis- 12 trator of the Environmental Protection Agency, shall 13 conduct an CMAQ formula modernization study to 14 assess whether the apportionment method under sec- 15 tion 104(b)(4) of title 23, United States Code, re- 16 sults in a distribution of funds that best achieves the 17 air quality goals of section 149 of such title. 18 (2) CONSIDERATIONS.—In providing consulta- 19 tion under this subsection, the Administrator of the 20 Environmental Protection Agency shall provide to 21 the Secretary an analysis of— 22 (A) factors that contribute to the appor- 23 tionment, including population, types of pollut- 24 ants, and severity of pollutants, as such factors 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 495 •HR 3684 IH were determined on the date prior to the date 1 of enactment of MAP–21; 2 (B) the weighting of the factors listed 3 under subparagraph (A); and 4 (C) the recency of the data used in making 5 the apportionment under section 104(b)(4) of 6 title 23, United States Code. 7 (3) RECOMMENDATIONS.—If, in conducting the 8 study under this subsection, the Secretary finds that 9 modifying the apportionment method under section 10 104(b)(4) of title 23, United States Code, would 11 best achieve the air quality goals of section 149 of 12 title 23, United States Code, the Secretary shall, in 13 consultation with the Administrator, include in such 14 study recommendations for a new apportionment 15 method, including— 16 (A) the factors recommended to be in- 17 cluded in such apportionment method; 18 (B) the weighting recommended to be ap- 19 plied to the factors under subparagraph (A); 20 and 21 (C) any other recommendations to ensure 22 that the apportionment method best achieves 23 the air quality goals section 149 of such title. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 496 •HR 3684 IH (c) REPORT.—No later than 2 years after the date 1 of enactment of this Act, the Secretary shall submit to 2 the Committee on Transportation and Infrastructure of 3 the House of Representatives and the Committee on Envi- 4 ronment and Public Works of the Senate a report con- 5 taining the results of the highway formula modernization 6 study and the CMAQ formula modernization study. 7 SEC. 1607. CONSOLIDATION OF PROGRAMS. 8 Section 1519 of MAP–21 (Public Law 112–141) is 9 amended— 10 (1) in subsection (a)— 11 (A) by striking ‘‘fiscal years 2016 through 12 2020’’ and inserting ‘‘fiscal years 2023 through 13 2026’’; and 14 (B) by striking ‘‘$3,500,000’’ and insert- 15 ing ‘‘$4,000,000’’; 16 (2) by redesignating subsections (b) and (c) as 17 subsections (c) and (d), respectively; and 18 (3) by inserting after subsection (a) the fol- 19 lowing: 20 ‘‘(b) FEDERAL SHARE.—The Federal share of the 21 cost of a project or activity carried out under subsection 22 (a) shall be 100 percent.’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 497 •HR 3684 IH SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS. 1 (a) REPORT.—Not later than 180 days after the date 2 of enactment of this Act, the Secretary of Transportation 3 shall submit to the Committee on Transportation and In- 4 frastructure of the House of Representatives and the Com- 5 mittee on Environment and Public Works of the Senate 6 a report that describes the efforts of the Department of 7 Transportation to encourage elementary, secondary, and 8 post-secondary students to pursue careers in the surface 9 transportation sector. 10 (b) CONTENTS.—The report required under sub- 11 section (a) shall include— 12 (1) a description of efforts to increase aware- 13 ness of careers related to surface transportation 14 among elementary, secondary, and post-secondary 15 students; 16 (2) a description of efforts to prepare and in- 17 spire such students for surface transportation ca- 18 reers; 19 (3) a description of efforts to support the devel- 20 opment of a diverse, well-qualified workforce for fu- 21 ture surface transportation needs; and 22 (4) the effectiveness of the efforts described in 23 paragraphs (1) through (3). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 498 •HR 3684 IH SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY 1 SURFACE TRANSPORTATION WORKFORCE. 2 (a) IN GENERAL.—Not later than 90 days after the 3 date of enactment of this Act, the Secretary of Transpor- 4 tation shall establish a task force on developing a 21st 5 century surface transportation workforce (in this section 6 referred to as the ‘‘Task Force’’). 7 (b) DUTIES.—Not later than 12 months after the es- 8 tablishment of the Task Force under subsection (a), the 9 Task Force shall develop and submit to the Secretary rec- 10 ommendations and strategies for the Department of 11 Transportation to— 12 (1) evaluate the current and future state of the 13 surface transportation workforce, including projected 14 job needs in the surface transportation sector; 15 (2) identify factors influencing individuals pur- 16 suing careers in surface transportation, including 17 barriers to attracting individuals into the workforce; 18 (3) address barriers to retaining individuals in 19 surface transportation careers; 20 (4) identify and address potential impacts of 21 emerging technologies on the surface transportation 22 workforce; 23 (5) increase access for vulnerable or underrep- 24 resented populations, especially women and minori- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 499 •HR 3684 IH ties, to high-skill, in-demand surface transportation 1 careers; 2 (6) facilitate and encourage elementary, sec- 3 ondary, and post-secondary students in the United 4 States to pursue careers in the surface transpor- 5 tation sector; and 6 (7) identify and develop pathways for students 7 and individuals to secure pre-apprenticeships, reg- 8 istered apprenticeships, and other work-based learn- 9 ing opportunities in the surface transportation sector 10 of the United States. 11 (c) CONSIDERATIONS.—In developing recommenda- 12 tions and strategies under subsection (b), the Task Force 13 shall— 14 (1) identify factors that influence whether 15 young people pursue careers in surface transpor- 16 tation, especially traditionally underrepresented pop- 17 ulations, including women and minorities; 18 (2) consider how the Department, businesses, 19 industry, labor, educators, and other stakeholders 20 can coordinate efforts to support qualified individ- 21 uals in pursuing careers in the surface transpor- 22 tation sector; 23 (3) identify methods of enhancing surface 24 transportation pre-apprenticeships and registered 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 500 •HR 3684 IH apprenticeships, job skills training, mentorship, edu- 1 cation, and outreach programs that are exclusive to 2 youth in the United States; and 3 (4) identify potential sources of funding, includ- 4 ing grants and scholarships, that may be used to 5 support youth and other qualified individuals in pur- 6 suing careers in the surface transportation sector. 7 (d) CONSULTATION.—In developing the recommenda- 8 tions and strategies required under subsection (b), the 9 Task Force may consult with— 10 (1) local educational agencies and institutes of 11 higher education, including community colleges and 12 vocational schools; and 13 (2) State workforce development boards. 14 (e) REPORT.—Not later than 60 days after the sub- 15 mission of the recommendations and strategies under sub- 16 section (b), the Secretary shall submit to the Committee 17 on Transportation and Infrastructure of the House of 18 Representatives and the Committee on Environment and 19 Public Works of the Senate a report containing such rec- 20 ommendations and strategies. 21 (f) COMPOSITION OF TASK FORCE.—The Secretary 22 shall appoint members to the Task Force whose diverse 23 background and expertise allow such members to con- 24 tribute balanced points of view and ideas in carrying out 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 501 •HR 3684 IH this section, comprised of equal representation from each 1 of the following: 2 (1) Industries in the surface transportation sec- 3 tor. 4 (2) Surface transportation sector labor organi- 5 zations. 6 (3) Such other surface transportation stake- 7 holders and experts as the Secretary considers ap- 8 propriate. 9 (g) PERIOD OF APPOINTMENT.—Members shall be 10 appointed to the Task Force for the duration of the exist- 11 ence of the Task Force. 12 (h) COMPENSATION.—Task Force members shall 13 serve without compensation. 14 (i) SUNSET.—The Task Force shall terminate upon 15 the submission of the report required under subsection (e). 16 (j) DEFINITIONS.—In this section: 17 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap- 18 prenticeship’’ means a training model or program 19 that prepares individuals for acceptance into a reg- 20 istered apprenticeship and has a demonstrated part- 21 nership with one or more registered apprenticeships. 22 (2) REGISTERED APPRENTICESHIP.—The term 23 ‘‘registered apprenticeship’’ means an apprenticeship 24 program registered under the Act of August 16, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 502 •HR 3684 IH 1937 (29 U.S.C. 50 et seq.; commonly known as the 1 ‘‘National Apprenticeship Act’’), that satisfies the 2 requirements of parts 29 and 30 of title 29, Code 3 of Federal Regulations (as in effect on January 1, 4 2020). 5 SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERV- 6 ICES. 7 Section 140(b) of title 23, United States Code, is 8 amended to read as follows: 9 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 10 ‘‘(1) IN GENERAL.—The Secretary, in coopera- 11 tion with the Secretary of Labor and any other de- 12 partment or agency of the Government, State agen- 13 cy, authority, association, institution, Indian Tribe 14 or Tribal organization, corporation (profit or non- 15 profit), or any other organization or person, is au- 16 thorized to develop, conduct, and administer surface 17 transportation and technology training, including 18 skill improvement programs, and to develop and 19 fund summer transportation institutes. 20 ‘‘(2) STATE RESPONSIBILITIES.—A State de- 21 partment of transportation participating in the pro- 22 gram under this subsection shall— 23 ‘‘(A) develop an annual workforce plan 24 that identifies immediate and anticipated work- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 503 •HR 3684 IH force gaps and underrepresentation of women 1 and minorities and a detailed plan to fill such 2 gaps and address such underrepresentation; 3 ‘‘(B) establish an annual workforce devel- 4 opment compact with the State workforce devel- 5 opment board and appropriate agencies to pro- 6 vide a coordinated approach to workforce train- 7 ing, job placement, and identification of train- 8 ing and skill development program needs, which 9 shall be coordinated to the extent practical with 10 an institution or agency, such as a State work- 11 force development board under section 101 of 12 the Workforce Innovation and Opportunities 13 Act (29 U.S.C. 3111), that has established 14 skills training, recruitment, and placement re- 15 sources; and 16 ‘‘(C) demonstrate program outcomes, in- 17 cluding— 18 ‘‘(i) impact on areas with transpor- 19 tation workforce shortages; 20 ‘‘(ii) diversity of training participants; 21 ‘‘(iii) number and percentage of par- 22 ticipants obtaining certifications or creden- 23 tials required for specific types of employ- 24 ment; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 504 •HR 3684 IH ‘‘(iv) employment outcome, including 1 job placement and job retention rates and 2 earnings, using performance metrics estab- 3 lished in consultation with the Secretary of 4 Labor and consistent with metrics used by 5 programs under the Workforce Innovation 6 and Opportunity Act (29 U.S.C. 3101 et 7 seq.); and 8 ‘‘(v) to the extent practical, evidence 9 that the program did not preclude workers 10 that participate in training or registered 11 apprenticeship activities under the pro- 12 gram from being referred to, or hired on, 13 projects funded under this chapter. 14 ‘‘(3) FUNDING.—From administrative funds 15 made available under section 104(a), the Secretary 16 shall deduct such sums as necessary, not to exceed 17 $10,000,000 in each fiscal year, for the administra- 18 tion of this subsection. Such sums shall remain 19 available until expended. 20 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub- 21 sections (b) through (d) of section 6101 of title 41 22 shall not apply to contracts and agreements made 23 under the authority granted to the Secretary under 24 this subsection. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 505 •HR 3684 IH ‘‘(5) USE OF SURFACE TRANSPORTATION PRO- 1 GRAM AND NATIONAL HIGHWAY PERFORMANCE PRO- 2 GRAM FUNDS.—Notwithstanding any other provision 3 of law, not to exceed 1⁄2 of 1 percent of funds appor- 4 tioned to a State under paragraph (1) or (2) of sec- 5 tion 104(b) may be available to carry out this sub- 6 section upon request of the State transportation de- 7 partment to the Secretary.’’. 8 SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYS- 9 TEM FUNDING FLEXIBILITY. 10 (a) IN GENERAL.—Any funds made available to a 11 State for the Appalachian development highway system 12 program under subtitle IV of title 40, United States Code, 13 before the date of enactment of this Act may be used, at 14 the request of such State to the Secretary of Transpor- 15 tation, for the purposes described in section 133(b) of title 16 23, United States Code. 17 (b) LIMITATION.—The authority in subsection (a) 18 may only be used by an Appalachian development highway 19 system State if all of the Appalachian development high- 20 way system corridors authorized by subtitle IV of title 40, 21 United States Code, in such State, have been fully com- 22 pleted and are open to traffic prior to the State making 23 a request to the Secretary as described in subsection (a). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 506 •HR 3684 IH SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT 1 PROGRAM. 2 Section 504 of title 23, United States Code, is 3 amended— 4 (1) in subsection (e)(1) by inserting ‘‘and (8) 5 through (9)’’ after ‘‘paragraphs (1) through (4)’’; 6 and 7 (2) in subsection (f) by adding at the end the 8 following: 9 ‘‘(4) REPORTS.—The Secretary shall submit to 10 the Committee on Transportation and Infrastructure 11 of the House of Representatives and the Committee 12 on Commerce, Science, and Transportation of the 13 Senate an annual report that includes— 14 ‘‘(A) a list of all grant recipients under 15 this subsection; 16 ‘‘(B) an explanation of why each recipient 17 was chosen in accordance with the criteria 18 under paragraph (2); 19 ‘‘(C) a summary of each recipient’s objec- 20 tive to carry out the purpose described in para- 21 graph (1) and an analysis of progress made to- 22 ward achieving each such objective; 23 ‘‘(D) an accounting for the use of Federal 24 funds obligated or expended in carrying out this 25 subsection; and 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 507 •HR 3684 IH ‘‘(E) an analysis of outcomes of the pro- 1 gram under this subsection.’’. 2 SEC. 1613. WORKING GROUP ON CONSTRUCTION RE- 3 SOURCES. 4 (a) ESTABLISHMENT.—Not later than 120 days after 5 the date of enactment of this Act, the Secretary of Trans- 6 portation shall establish a working group (in this section 7 referred to as the ‘‘Working Group’’) to conduct a study 8 on access to covered resources for infrastructure projects. 9 (b) MEMBERSHIP.— 10 (1) APPOINTMENT.—The Secretary shall ap- 11 point to the Working Group individuals with knowl- 12 edge and expertise in the production and transpor- 13 tation of covered resources. 14 (2) REPRESENTATION.—The Working Group 15 shall include at least one representative of each of 16 the following: 17 (A) State departments of transportation. 18 (B) State agencies associated with covered 19 resources protection. 20 (C) State planning and geologic survey and 21 mapping agencies. 22 (D) Commercial motor vehicle operators, 23 including small business operators and opera- 24 tors who transport covered resources. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 508 •HR 3684 IH (E) Covered resources producers. 1 (F) Construction contractors. 2 (G) Labor organizations. 3 (H) Metropolitan planning organizations 4 and regional planning organizations. 5 (I) Indian Tribes. 6 (J) Any other stakeholders that the Sec- 7 retary determines appropriate. 8 (3) TERMINATION.—The Working Group shall 9 terminate 6 months after the date on which the Sec- 10 retary receives the report under subsection (e)(1). 11 (c) DUTIES.—In carrying out the study required 12 under subsection (a), the Working Group shall analyze— 13 (1) the use of covered resources in transpor- 14 tation projects funded with Federal dollars; 15 (2) how the proximity of covered resources to 16 such projects affects the cost and environmental im- 17 pact of such projects; 18 (3) whether and how State, Tribal, and local 19 transportation and planning agencies consider cov- 20 ered resources when developing transportation 21 projects; and 22 (4) any challenges for transportation project 23 sponsors regarding access and proximity to covered 24 resources. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 509 •HR 3684 IH (d) CONSULTATION.—In carrying out the study re- 1 quired under subsection (a), the Working Group shall con- 2 sult with, as appropriate— 3 (1) chief executive officers of States; 4 (2) State and local transportation planning 5 agencies; 6 (3) Indian Tribes; 7 (4) other relevant State, Tribal, and local agen- 8 cies, including State agencies associated with cov- 9 ered resources protection; 10 (5) members of the public with industry experi- 11 ence with respect to covered resources; 12 (6) other Federal entities that provide funding 13 for transportation projects; and 14 (7) any other stakeholder the Working Group 15 determines appropriate. 16 (e) REPORTS.— 17 (1) WORKING GROUP REPORT.—Not later than 18 2 years after the date on which the Working Group 19 is established, the Working Group shall submit to 20 the Secretary a report that includes— 21 (A) the findings of the study required 22 under subsection (a), including a summary of 23 comments received during the consultation 24 process under subsection (d); and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 510 •HR 3684 IH (B) any recommendations to preserve ac- 1 cess to and reduce the costs and environmental 2 impacts of covered resources for infrastructure 3 projects. 4 (2) DEPARTMENTAL REPORT.—Not later than 5 3 months after the date on which the Secretary re- 6 ceives the report under paragraph (1), the Secretary 7 shall submit to the Committee on Transportation 8 and Infrastructure of the House of Representatives 9 and the Committee on Environment and Public 10 Works of the Senate a summary of the findings 11 under such report and any recommendations, as ap- 12 propriate. 13 (f) DEFINITIONS.—In this section: 14 (1) COVERED RESOURCES.—The term ‘‘covered 15 resources’’ means common variety materials used in 16 transportation infrastructure construction and main- 17 tenance, including stone, sand, and gravel. 18 (2) STATE.—The term ‘‘State’’ means each of 19 the several States, the District of Columbia, and 20 each territory or possession of the United States. 21 SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTER- 22 CHANGES. 23 (a) IN GENERAL.—Notwithstanding section 315 of 24 title 23, United States Code, and section 1.36 of title 23, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 511 •HR 3684 IH Code of Federal Regulations, the Secretary of Transpor- 1 tation may not impose a penalty on a State that does not 2 comply with section 2E.31 of the Manual on Uniform 3 Traffic Control Devices (or a successor section) with re- 4 spect to the numbering of highway interchanges. 5 (b) APPLICABILITY.—Subsection (a) shall only apply 6 to a method of numbering of a highway interchange in 7 effect on the date of enactment of this Act. 8 SEC. 1615. TOLL CREDITS. 9 (a) PURPOSES.—The Secretary of Transportation 10 shall— 11 (1) identify the extent of the demand to pur- 12 chase toll credits; 13 (2) identify the expected cash price of toll cred- 14 its; 15 (3) analyze the impact of the exchange of toll 16 credits on transportation expenditures; and 17 (4) identify any other repercussions of estab- 18 lishing a toll credit exchange. 19 (b) SOLICITATION.—To carry out the requirements of 20 this section, the Secretary shall solicit information from 21 States eligible to use a credit under section 120(i) of title 22 23, United States Code, including— 23 (1) the amount of unused toll credits, includ- 24 ing— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 512 •HR 3684 IH (A) toll revenue generated and the sources 1 of that revenue; 2 (B) toll revenue used by public, quasi-pub- 3 lic, and private agencies to build, improve, or 4 maintain highways, bridges, or tunnels that 5 serve the public purpose of interstate commerce; 6 and 7 (C) an accounting of any Federal funds 8 used by the public, quasi-public, or private 9 agency to build, improve, or maintain the toll 10 facility, to validate that the credit has been re- 11 duced by a percentage equal to the percentage 12 of the total cost of building, improving, or 13 maintaining the facility that was derived from 14 Federal funds; 15 (2) the documentation of maintenance of effort 16 for toll credits earned by the State; and 17 (3) the accuracy of the accounting system of 18 the State to earn and track toll credits. 19 (c) WEBSITE.—The Secretary shall make available a 20 publicly accessible website on which a State eligible to use 21 a credit under section 120(i) of title 23, United States 22 Code shall publish the information described under sub- 23 section (b)(1). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 513 •HR 3684 IH (d) EVALUATION AND RECOMMENDATIONS TO CON- 1 GRESS.—Not later than 2 years after the date of enact- 2 ment of this Act, the Secretary shall provide to the Com- 3 mittee on Transportation and Infrastructure of the House 4 of Representatives and the Committee on Environment 5 and Public Works of the Senate, and make publicly avail- 6 able on the website of the Department of Transpor- 7 tation— 8 (1) an evaluation of the accuracy of the ac- 9 counting and documentation of toll credits earned 10 under section 120(i); 11 (2) a determination whether a toll credit mar- 12 ketplace is viable and cost effective; 13 (3) estimates, to the extent possible, of the av- 14 erage sale price of toll credits; and 15 (4) recommendations on any modifications nec- 16 essary, including legislative changes, to establish and 17 implement a toll credit exchange program. 18 (e) DEFINITION.—In this section, the term ‘‘State’’ 19 has the meaning given the term in section 101(a) of title 20 23, United States Code. 21 SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS 22 PROCUREMENT. 23 (a) ESTABLISHMENT.—Not later than 180 days after 24 the date of enactment of this Act, the Secretary of Trans- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 514 •HR 3684 IH portation shall initiate a review of the procurement proc- 1 esses used by State departments of transportation to se- 2 lect construction materials on projects utilizing Federal- 3 aid highway funds. 4 (b) CONTENTS.—The review under subsection (a) 5 shall include— 6 (1) a review of competitive practices in the bid- 7 ding process for transportation construction mate- 8 rials; 9 (2) a list of States that currently issue bids 10 that include flexibility in the type of construction 11 materials used to meet the project specifications; 12 (3) any information provided by States on con- 13 siderations that influence the decision to include 14 competition by type of material in transportation 15 construction projects; 16 (4) any data on whether issuing bids that in- 17 clude flexibility in the type of construction materials 18 used to meet the project specifications will affect 19 project costs over the lifecycle of an asset; 20 (5) any data on the degree to which competition 21 leads to greater use of sustainable, innovative, or re- 22 silient materials; and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 515 •HR 3684 IH (6) an evaluation of any barriers to more wide- 1 spread use of competitive bidding processes for 2 transportation construction materials. 3 (c) REPORT.—Not later than 18 months after the 4 date of enactment of this Act, the Secretary shall submit 5 to the Committee on Transportation and Infrastructure 6 of the House of Representatives and the Committee on 7 Environment and Public Works of the Senate, and make 8 publicly available, a report on the review initiated by the 9 Secretary pursuant to this section. 10 SEC. 1617. NATIONWIDE ROAD SAFETY ASSESSMENT. 11 (a) IN GENERAL.—The Secretary of Transportation 12 shall, every 2 years, conduct nationwide, on-the-ground 13 road safety assessments focused on pedestrian and bicycle 14 safety in each State. 15 (b) REQUIREMENTS.—The assessments required 16 under subsection (a) shall be conducted— 17 (1) by Department of Transportation field of- 18 fices from the Federal Highway Administration, the 19 National Highway Transportation Safety Adminis- 20 tration, the Federal Transit Administration, and the 21 Federal Motor Carrier Safety Administration; and 22 (2) in consultation with— 23 (A) State and local agencies with jurisdic- 24 tion over pedestrian and bicycle safety; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 516 •HR 3684 IH (B) pedestrian safety and bicycle safety 1 advocacy organizations; and 2 (C) other relevant pedestrian and bicycle 3 safety stakeholders. 4 (c) PURPOSES.—The purpose of the assessments 5 under this section is to— 6 (1) identify and examine specific locations with 7 documented or perceived problems with pedestrian 8 and bicycle safety and access; 9 (2) examine barriers to providing safe pedes- 10 trian and bicycle access to transportation infrastruc- 11 ture; and 12 (3) develop and issue recommendations de- 13 signed to effectively address specific safety and ac- 14 cess issues and enhance pedestrian and bicycle safe- 15 ty in high risk areas. 16 (d) REPORT ON STATE ASSESSMENTS.—Upon com- 17 pletion of the assessment of a State, the Secretary shall 18 issue, and make available to the public, a report con- 19 taining the assessment that includes— 20 (1) a list of locations that have been assessed 21 as presenting a danger to pedestrians or bicyclists; 22 and 23 (2) recommendations to enhance pedestrian and 24 bicycle safety in those locations. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 517 •HR 3684 IH (e) REPORT ON NATIONWIDE PROGRAM.—Upon com- 1 pletion of the biannual assessment nationwide required 2 under this section, the Secretary shall issue, and make 3 available to the public, that covers assessments for all ju- 4 risdictions and also present it to the congressional trans- 5 portation committees. 6 (f) NATIONAL PEDESTRIAN AND BICYCLE SAFETY 7 DATABASE.—The Secretary, in order to enhance pedes- 8 trian and bicycle safety and improve information sharing 9 on pedestrian and bicycle safety challenges between the 10 Federal Government and State and local governments, 11 shall maintain a national pedestrian and bicycle safety 12 database that includes— 13 (1) a list of high-risk intersections, roads, and 14 highways with a documented history of pedestrian or 15 bicycle accidents or fatalities and details regarding 16 those incidents; and 17 (2) information on corrective measures that 18 have been implemented at the State, local, or Fed- 19 eral level to enhance pedestrian and bicyclist safety 20 at those high risk areas, including details on the na- 21 ture and date of corrective action. 22 (g) STATE DEFINED.—In this section, the term 23 ‘‘State’’ means each of the States, the District of Colum- 24 bia, and Puerto Rico. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 518 •HR 3684 IH SEC. 1618. CLIMATE RESILIENT TRANSPORTATION INFRA- 1 STRUCTURE STUDY. 2 (a) CLIMATE RESILIENT TRANSPORTATION INFRA- 3 STRUCTURE STUDY.—Not later than 180 days after the 4 date of enactment of this Act, the Secretary of Transpor- 5 tation shall enter into an agreement with the Transpor- 6 tation Research Board of the National Academies to con- 7 duct a study of the actions needed to ensure that Federal 8 agencies are taking into account current and future cli- 9 mate conditions in planning, designing, building, oper- 10 ating, maintaining, investing in, and upgrading any feder- 11 ally funded transportation infrastructure investments. 12 (b) METHODOLOGIES.—In conducting the study, the 13 Transportation Research Board shall build on the meth- 14 odologies examined and recommended in— 15 (1) the 2018 report issued the American Soci- 16 ety of Civil Engineers, titled ‘‘Climate-Resilient In- 17 frastructure: Adaptive Design and Risk Manage- 18 ment’’; and 19 (2) the report issued by the California Climate- 20 Safe Infrastructure Working Group, titled ‘‘Paying 21 it Forward: The Path Toward Climate-Safe Infra- 22 structure in California’’. 23 (c) CONTENTS OF STUDY.—The study shall include 24 specific recommendations regarding the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 519 •HR 3684 IH (1) Integrating scientific knowledge of projected 1 climate change impacts, and other relevant data and 2 information, into Federal infrastructure planning, 3 design, engineering, construction, operation and 4 maintenance. 5 (2) Addressing critical information gaps and 6 challenges. 7 (3) Financing options to help fund climate-resil- 8 ient infrastructure. 9 (4) A platform or process to facilitate commu- 10 nication between climate scientists and other experts 11 with infrastructure planners, engineers and other 12 relevant experts. 13 (5) A stakeholder process to engage with rep- 14 resentatives of State, local, tribal and community 15 groups. 16 (6) A platform for tracking Federal funding of 17 climate-resilient infrastructure. 18 (7) Labor and workforce needs to implement 19 climate-resilient transportation infrastructure 20 projects including new and emerging skills, training 21 programs, competencies and recognized postsec- 22 ondary credentials that may be required to ade- 23 quately equip the workforce. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 520 •HR 3684 IH (8) Outlining how Federal infrastructure plan- 1 ning, design, engineering, construction, operation, 2 and maintenance impact the environment and public 3 health of disproportionately exposed communities. 4 For purposes of this paragraph, the term ‘‘dis- 5 proportionately exposed communities’’ means a com- 6 munity in which climate change, pollution, or envi- 7 ronmental destruction have exacerbated systemic ra- 8 cial, regional, social, environmental, and economic 9 injustices by disproportionately affecting indigenous 10 peoples, communities of color, migrant communities, 11 deindustrialized communities, depopulated rural 12 communities, the poor, low-income workers, women, 13 the elderly, people experiencing homelessness, people 14 with disabilities, people who are incarcerated, or 15 youth. 16 (d) CONSIDERATIONS.—In carrying out the study, 17 the Transportation Research Board shall determine the 18 need for information related to climate resilient transpor- 19 tation infrastructure by considering— 20 (1) the current informational and institutional 21 barriers to integrating projected infrastructure risks 22 posed by climate change into federal infrastructure 23 planning, design, engineering, construction, oper- 24 ation and maintenance; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 521 •HR 3684 IH (2) the critical information needed by engineers, 1 planners and those charged with infrastructure up- 2 grades and maintenance to better incorporate cli- 3 mate change risks and impacts over the lifetime of 4 projects; 5 (3) how to select an appropriate, adaptive engi- 6 neering design for a range of future climate sce- 7 narios as related to infrastructure planning and in- 8 vestment; 9 (4) how to incentivize and incorporate systems 10 thinking into engineering design to maximize the 11 benefits of multiple natural functions and emissions 12 reduction, as well as regional planning; 13 (5) how to take account of the risks of cas- 14 cading infrastructure failures and develop more ho- 15 listic approaches to evaluating and mitigating cli- 16 mate risks; 17 (6) how to ensure that investments in infra- 18 structure resilience benefit all communities, includ- 19 ing communities of color, low-income communities 20 and Indian Tribes that face a disproportionate risk 21 from climate change and in many cases have experi- 22 enced long-standing unmet needs and underinvest- 23 ment in critical infrastructure; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 522 •HR 3684 IH (7) how to incorporate capital assessment and 1 planning training and techniques, including a range 2 of financing options to help local and State govern- 3 ments plan for and provide matching funds; 4 (8) how federal agencies can track and monitor 5 federally funded resilient infrastructure in a coordi- 6 nated fashion to help build the understanding of the 7 cost-benefit of resilient infrastructure and to build 8 the capacity for implementing resilient infrastruc- 9 ture; and 10 (9) the occupations, skillsets, training pro- 11 grams, competencies and recognized postsecondary 12 credentials that will be needed to implement such 13 climate-resilient transportation infrastructure 14 projects, and how to ensure that any new jobs cre- 15 ated by such projects ensure that priority hiring con- 16 siderations are given to individuals facing barriers to 17 employment, communities of color, low-income com- 18 munities and Indian Tribes that face a dispropor- 19 tionate risk from climate change and have been ex- 20 cluded from job opportunities. 21 (e) CONSULTATION.—In carrying out the study, the 22 Transportation Research Board— 23 (1) shall convene and consult with a panel of 24 national experts, including operators and users of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 523 •HR 3684 IH Federal transportation infrastructure and private 1 sector stakeholders; and 2 (2) is encouraged to consult with— 3 (A) representatives from the thirteen fed- 4 eral agencies that comprise the United States 5 Global Change Research Program; 6 (B) representatives from the Department 7 of the Treasury; 8 (C) professional engineers with relevant ex- 9 pertise in infrastructure design; 10 (D) scientists from the National Academies 11 with relevant expertise; 12 (E) scientists, social scientists and experts 13 from academic and research institutions who 14 have expertise in climate change projections and 15 impacts; engineering; architecture; or other rel- 16 evant areas of expertise; 17 (F) licensed architects with relevant expe- 18 rience in infrastructure design; 19 (G) certified planners; 20 (H) representatives of State and local gov- 21 ernments and Indian Tribes; 22 (I) representatives of environmental justice 23 groups; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 524 •HR 3684 IH (J) representatives of labor unions that 1 represent key trades and industries involved in 2 infrastructure projects. 3 (f) REPORT.—Not later than 3 years after the date 4 of enactment of this Act, the Transportation Research 5 Board shall submit to the Secretary, the Committee on 6 Transportation and Infrastructure of the House of Rep- 7 resentatives, and the Committee on Environment and 8 Public Works of the Senate a report on the results of the 9 study conducted under this section. 10 SEC. 1619. NATURAL GAS, ELECTRIC BATTERY, AND ZERO 11 EMISSION VEHICLES. 12 Subsection (s) of section 127 of title 23, United 13 States Code is amended to read as follows: 14 ‘‘(s) NATURAL GAS, ELECTRIC BATTERY, AND ZERO 15 EMISSION VEHICLES.—A vehicle, if operated by an engine 16 fueled primarily by natural gas, powered primarily by 17 means of electric battery power, or fueled primarily by 18 means of other zero emission fuel technologies, may exceed 19 the weight limit on the power unit by up to 2,000 pounds 20 (up to a maximum gross vehicle weight of 82,000 pounds) 21 under this section.’’. 22 SEC. 1620. GUIDANCE ON EVACUATION ROUTES. 23 (a) IN GENERAL.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 525 •HR 3684 IH (1) GUIDANCE.—The Administrator of the Fed- 1 eral Highway Administration, in coordination with 2 the Administrator of the Federal Emergency Man- 3 agement Agency, and consistent with guidance 4 issued by the Federal Emergency Management 5 Agency pursuant to section 1209 of the Disaster Re- 6 covery Reform Act of 2018 (Public Law 115–254), 7 shall revise existing guidance or issue new guidance 8 as appropriate for State and local governments and 9 Indian Tribes regarding the design, construction, 10 maintenance, and repair of evacuation routes. 11 (2) CONSIDERATIONS.—In revising or issuing 12 guidance under subsection (a)(1), the Administrator 13 of the Federal Highway Administration shall con- 14 sider— 15 (A) methods that assist evacuation routes 16 to— 17 (i) withstand likely risks to viability, 18 including flammability and hydrostatic 19 forces; 20 (ii) improve durability, strength (in- 21 cluding the ability to withstand tensile 22 stresses and compressive stresses), and 23 sustainability; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 526 •HR 3684 IH (iii) provide for long-term cost sav- 1 ings; 2 (B) the ability of evacuation routes to ef- 3 fectively manage contraflow operations; 4 (C) for evacuation routes on public lands, 5 the viewpoints of the applicable Federal land 6 management agency regarding emergency oper- 7 ations, sustainability, and resource protection; 8 and 9 (D) such other items the Administrator of 10 the Federal Highway Administration considers 11 appropriate. 12 (3) REPORT.—In the case in which the Admin- 13 istrator of the Federal Highway Administration, in 14 consultation with the Administrator of the Federal 15 Emergency Management Agency, concludes existing 16 guidance addresses the considerations in paragraph 17 (2), The Administrator of the Federal Highway Ad- 18 ministration shall submit to the Committee on 19 Transportation and Infrastructure of the House of 20 Representatives and the Committee on Environment 21 and Public Works of the Senate a detailed report de- 22 scribing how existing guidance addresses such con- 23 siderations. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 527 •HR 3684 IH (b) STUDY.—The Administrator of the Federal High- 1 way Administration, in coordination with the Adminis- 2 trator of the Federal Emergency Management Agency and 3 State, local, territorial governments, and Indian Tribes, 4 shall— 5 (1) conduct a study of the adequacy of available 6 evacuation routes to accommodate the flow of evac- 7 uees; and 8 (2) submit recommendations to Congress on 9 how to help with anticipated evacuation route flow, 10 based on the study conducted under paragraph (1). 11 SEC. 1621. HIGH PRIORITY CORRIDORS ON NATIONAL 12 HIGHWAY SYSTEM. 13 (a) IDENTIFICATION.— 14 (1) CENTRAL TEXAS CORRIDOR.—Section 15 1105(c)(84) of the Intermodal Surface Transpor- 16 tation Efficiency Act of 1991 is amended to read as 17 follows: 18 ‘‘(84) The Central Texas Corridor, including 19 the route— 20 ‘‘(A) commencing in the vicinity of Texas 21 Highway 338 in Odessa, Texas, running east- 22 ward generally following Interstate Route 20, 23 connecting to Texas Highway 158 in the vicin- 24 ity of Midland, Texas, then following Texas 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 528 •HR 3684 IH Highway 158 eastward to United States Route 1 87 and then following United States Route 87 2 southeastward, passing in the vicinity of San 3 Angelo, Texas, and connecting to United States 4 Route 190 in the vicinity of Brady, Texas; 5 ‘‘(B) commencing at the intersection of 6 Interstate Route 10 and United States Route 7 190 in Pecos County, Texas, and following 8 United States Route 190 to Brady, Texas; 9 ‘‘(C) following portions of United States 10 Route 190 eastward, passing in the vicinity of 11 Fort Hood, Killeen, Belton, Temple, Bryan, 12 College Station, Huntsville, Livingston, Wood- 13 ville, and Jasper, to the logical terminus of 14 Texas Highway 63 at the Sabine River Bridge 15 at Burrs Crossing and including a loop gen- 16 erally encircling Bryan/College Station, Texas; 17 ‘‘(D) following United States Route 83 18 southward from the vicinity of Eden, Texas, to 19 a logical connection to Interstate Route 10 at 20 Junction, Texas; 21 ‘‘(E) following United States Route 69 22 from Interstate Route 10 in Beaumont, Texas, 23 north to United States Route 190 in the vicin- 24 ity of Woodville, Texas; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 529 •HR 3684 IH ‘‘(F) following United States Route 96 1 from Interstate Route 10 in Beaumont, Texas, 2 north to United States Route 190 in the vicin- 3 ity of Jasper, Texas; and 4 ‘‘(G) following United States Route 190, 5 State Highway 305, and United States Route 6 385 from Interstate Route 10 in Pecos County, 7 Texas to Interstate 20 at Odessa, Texas.’’. 8 (2) CENTRAL LOUISIANA CORRIDOR.—Section 9 1105(c) of the Intermodal Surface Transportation 10 Efficiency Act of 1991 is amended by adding at the 11 end the following: 12 ‘‘(91) The Central Louisiana Corridor com- 13 mencing at the logical terminus of Louisiana High- 14 way 8 at the Sabine River Bridge at Burrs Crossing 15 and generally following portions of Louisiana High- 16 way 8 to Leesville, Louisiana, and then eastward on 17 Louisiana Highway 28, passing in the vicinity of Al- 18 exandria, Pineville, Walters, and Archie, to the log- 19 ical terminus of United States Route 84 at the Mis- 20 sissippi River Bridge at Vidalia, Louisiana.’’. 21 (3) CENTRAL MISSISSIPPI CORRIDOR.—Section 22 1105(c) of the Intermodal Surface Transportation 23 Efficiency Act of 1991, as amended by this Act, is 24 further amended by adding at the end the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 530 •HR 3684 IH ‘‘(92) The Central Mississippi Corridor, includ- 1 ing the route— 2 ‘‘(A) commencing at the logical terminus 3 of United States Route 84 at the Mississippi 4 River and then generally following portions of 5 United States Route 84 passing in the vicinity 6 of Natchez, Brookhaven, Monticello, Prentiss, 7 and Collins, to Interstate 59 in the vicinity of 8 Laurel, Mississippi, and continuing on Inter- 9 state Route 59 north to Interstate Route 20 10 and on Interstate Route 20 to the Mississippi- 11 Alabama State Border; and 12 ‘‘(B) commencing in the vicinity of Laurel, 13 Mississippi, running south on Interstate Route 14 59 to United States Route 98 in the vicinity of 15 Hattiesburg, connecting to United States Route 16 49 south then following United States Route 49 17 south to Interstate Route 10 in the vicinity of 18 Gulfport and following Mississippi Route 601 19 southerly terminating near the Mississippi State 20 Port at Gulfport.’’. 21 (4) MIDDLE ALABAMA CORRIDOR.—Section 22 1105(c) of the Intermodal Surface Transportation 23 Efficiency Act of 1991, as amended by this Act, is 24 further amended by adding at the end the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 531 •HR 3684 IH ‘‘(93) The Middle Alabama Corridor including 1 the route— 2 ‘‘(A) beginning at the Alabama-Mississippi 3 Border generally following portions of I–20 4 until following a new interstate extension paral- 5 leling United States Highway 80 specifically: 6 ‘‘(B) crossing Alabama Route 28 near 7 Coatopa, Alabama, traveling eastward crossing 8 United States Highway 43 and Alabama Route 9 69 near Selma, Alabama, traveling eastwards 10 closely paralleling United States Highway 80 to 11 the south crossing over Alabama Routes 22, 41, 12 and 21, until its intersection with I–65 near 13 Hope Hull, Alabama; 14 ‘‘(C) continuing east along the proposed 15 Montgomery Outer Loop south of Montgomery, 16 Alabama where it would next join with I–85 17 east of Montgomery, Alabama; 18 ‘‘(D) continuing along I–85 east bound 19 until its intersection with United States High- 20 way 280 near Opelika, Alabama or United 21 States Highway 80 near Tuskegee, Alabama; 22 and 23 ‘‘(E) generally following the most expe- 24 dient route until intersecting with existing 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 532 •HR 3684 IH United States Highway 80 (JR Allen Parkway) 1 through Phenix City until continuing into Co- 2 lumbus, Georgia.’’. 3 (5) MIDDLE GEORGIA CORRIDOR.—Section 4 1105(c) of the Intermodal Surface Transportation 5 Efficiency Act of 1991, as amended by this Act, is 6 further amended by adding at the end the following: 7 ‘‘(94) The Middle Georgia Corridor including 8 the route— 9 ‘‘(A) beginning at the Alabama-Georgia 10 Border generally following the Fall Line Free- 11 way from Columbus Georgia to Augusta, Geor- 12 gia specifically: 13 ‘‘(B) travelling along United States Route 14 80 (JR Allen Parkway) through Columbus, 15 Georgia and near Fort Benning, Georgia, east 16 to Talbot County, Georgia where it would follow 17 Georgia Route 96, then commencing on Georgia 18 Route 49C (Fort Valley Bypass) to Georgia 19 Route 49 (Peach Parkway) to its intersection 20 with Interstate route 75 in Byron, Georgia; 21 ‘‘(C) continuing north along Interstate 22 Route 75 through Warner Robins and Macon, 23 Georgia where it would meet Interstate Route 24 16. Following Interstate 16 east it would next 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 533 •HR 3684 IH join United States Route 80 and then onto 1 State Route 57; and 2 ‘‘(D) commencing with State Route 57 3 which turns into State Route 24 near 4 Milledgeville, Georgia would then bypass Wrens, 5 Georgia with a newly constructed bypass. After 6 the bypass it would join United States Route 1 7 near Fort Gordon into Augusta, Georgia where 8 it will terminate at Interstate Route 520.’’. 9 (6) LOUISIANA CAPITAL REGION.—Section 10 1105(c) of the Intermodal Surface Transportation 11 Efficiency Act of 1991, as amended by this Act, is 12 further amended by adding at the end the following: 13 ‘‘(95) The Louisiana Capital Region High Pri- 14 ority Corridor, which shall generally follow— 15 ‘‘(A) Interstate 10, between its intersec- 16 tions with Interstate 12 and Louisiana High- 17 way 415; 18 ‘‘(B) Louisiana Highway 415, between its 19 intersections with Interstate 10 and United 20 States route 190; 21 ‘‘(C) United States route 190, between its 22 intersections with Louisiana Highway 415 and 23 intersection with Interstate 110; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 534 •HR 3684 IH ‘‘(D) Interstate 110, between its intersec- 1 tions with United States route 190 and Inter- 2 state 10; 3 ‘‘(E) Louisiana Highway 30, near St. Ga- 4 briel, LA and its intersections with Interstate 5 10; 6 ‘‘(F) Louisiana Highway 1, near White 7 Castle, LA and its intersection with Interstate 8 10; and 9 ‘‘(G) A bridge connecting Louisiana High- 10 way 1 with Louisiana Highway 30, south of the 11 Interstate described in subparagraph (A).’’. 12 (b) INCLUSION OF CERTAIN SEGMENTS ON INTER- 13 STATE SYSTEM.—Section 1105(e)(5)(A) of the Intermodal 14 Surface Transportation Efficiency Act of 1991 is amend- 15 ed— 16 (1) by inserting ‘‘subclauses (I) through (IX) of 17 subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),’’ 18 after ‘‘subsection (c)(37),’’; 19 (2) by inserting ‘‘subsection (c)(84),’’ after 20 ‘‘subsection (c)(83),’’; and 21 (3) by striking ‘‘and subsection (c)(90)’’ and in- 22 serting ‘‘subsection (c)(90), subsection (c)(91), sub- 23 section (c)(92), subsection (c)(93), subsection 24 (c)(94), and subsection (c)(95)’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 535 •HR 3684 IH (c) DESIGNATION.—Section 1105(e)(5)(C) of the 1 Intermodal Surface Transportation Efficiency Act of 1991 2 is amended by striking ‘‘The route referred to in sub- 3 section (c)(84) is designated as Interstate Route I–14.’’ 4 and inserting ‘‘The route referred to in subsection 5 (c)(84)(A) is designated as Interstate Route I–14 North. 6 The route referred to in subsection (c)(84)(B) is des- 7 ignated as Interstate Route I–14 South. The Bryan/Col- 8 lege Station, Texas loop referred to in subsection (c)(84) 9 is designated as Interstate Route I–214. The routes re- 10 ferred to in subparagraphs (C), (D), (E), (F), and (G) 11 of subsection (c)(84) and in subsections (c)(91), (c)(92), 12 (c)(93), and (c)(94) are designated as Interstate Route I– 13 14.’’. 14 SEC. 1622. GUIDANCE ON INUNDATED AND SUBMERGED 15 ROADS. 16 The Administrator of the Federal Highway Adminis- 17 tration, in coordination with the Administrator of the Fed- 18 eral Emergency Management Agency, shall review the 19 guidance issued pursuant to section 1228 of the Disaster 20 Recovery Reform Act of 2018 (Public Law 115–254), and 21 issue guidance regarding repair, restoration, and replace- 22 ment of inundated and submerged roads damaged or de- 23 stroyed by a major disaster declared pursuant to the Rob- 24 ert T. Stafford Disaster Relief and Emergency Assistance 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 536 •HR 3684 IH Act (42 U.S.C. 5121 et seq.) with respect to roads eligible 1 for assistance under Federal Highway Administration pro- 2 grams. 3 SEC. 1623. DRY BULK WEIGHT TOLERANCE. 4 Section 127 of title 23, United States Code, is 5 amended by adding at the end the following: 6 ‘‘(v) DRY BULK WEIGHT TOLERANCE.— 7 ‘‘(1) DEFINITION OF DRY BULK GOODS.—In 8 this subsection, the term ‘dry bulk goods’ means any 9 homogeneous unmarked nonliquid cargo being trans- 10 ported in a trailer specifically designed for that pur- 11 pose. 12 ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding 13 any other provision of this section, except for the 14 maximum gross vehicle weight limitation, a commer- 15 cial motor vehicle transporting dry bulk goods may 16 not exceed 110 percent of the maximum weight on 17 any axle or axle group described in subsection (a), 18 including any enforcement tolerance.’’. 19 SEC. 1624. HIGHWAY USE TAX EVASION PROJECTS. 20 Section 143(b)(2)(A) of title 23, United States Code, 21 is amended by striking ‘‘2016 through 2020’’ and insert- 22 ing ‘‘2023 through 2026’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 537 •HR 3684 IH SEC. 1625. LABOR STANDARDS. 1 It is the policy of the United States that funds au- 2 thorized or made available by this Act, or the amendments 3 made by this Act, should not be used to purchase products 4 produced whole or in part through the use of child labor, 5 as such term is defined in Article 3 of the International 6 Labor Organization Convention concerning the prohibition 7 and immediate action for the elimination of the worst 8 forms of child labor (December 2, 2000), or in violation 9 of human rights. 10 SEC. 1626. CLIMATE RESILIENCY REPORT BY GAO. 11 (a) IN GENERAL.—Not later than 1 year after the 12 date of enactment of this Act, and every 5 years there- 13 after, the Comptroller General of the United States shall 14 evaluate and issue a report to Congress on the economic 15 benefits, including avoided impacts on property and life, 16 of the use of model, consensus-based building codes, 17 standards, and provisions that support resilience to cli- 18 mate risks and impacts, including— 19 (1) flooding; 20 (2) wildfires; 21 (3) hurricanes; 22 (4) heat waves; 23 (5) droughts; 24 (6) rises in sea level; and 25 (7) extreme weather. 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 538 •HR 3684 IH (b) REPORT ISSUES.—The report required under 1 subsection (a) shall include the following: 2 (1) An assessment of the status of adoption of 3 building codes, standards, and provisions within the 4 States, territories, and tribes at the State or juris- 5 dictional level; including whether the adopted codes 6 meet or exceed the most recent published edition of 7 a national, consensus-based model code. 8 (2) An analysis of the extent to which pre-dis- 9 aster mitigation measures provide benefits to the na- 10 tion and individual States, territories and tribes, in- 11 cluding— 12 (A) an economic analysis of the benefits to 13 the design and construction of new resilient in- 14 frastructure; 15 (B) losses avoided, including economic 16 losses, number of structures (buildings, roads, 17 bridges), and injuries and deaths by utilizing 18 building codes and standards that prioritize re- 19 siliency; and 20 (C) an economic analysis of the benefits to 21 using hazard resistant building codes in rebuild- 22 ing and repairing infrastructure following a dis- 23 aster. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 539 •HR 3684 IH (3) An assessment of the building codes and 1 standards referenced or otherwise currently incor- 2 porated into Federal policies and programs, includ- 3 ing but not limited to grants, incentive programs, 4 technical assistance and design and construction cri- 5 teria, administered by the Federal Emergency Man- 6 agement Agency (hereinafter referred to as 7 ‘‘FEMA’’), including— 8 (A) the extent to which such codes and 9 standards contribute to increasing climate resil- 10 iency; 11 (B) recommendations for how FEMA could 12 improve their use of codes and standards to 13 prepare for climate change and address resil- 14 iency in housing, public buildings, and infra- 15 structure such as roads and bridges; and 16 (C) how FEMA could increase efforts to 17 support the adoption of hazard resistant codes 18 by the States, territories, and Indian Tribes. 19 (4) Recommendations for FEMA on how to bet- 20 ter incorporate climate resiliency into efforts to re- 21 build after natural disasters. 22 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 540 •HR 3684 IH SEC. 1627. DESIGNATION OF JOHN R. LEWIS VOTING 1 RIGHTS HIGHWAY. 2 (a) DESIGNATION.—The portion of United States 3 Route 80 from Selma, Alabama to Montgomery, Alabama 4 shall be known as the ‘‘John R. Lewis Voting Rights 5 Highway’’. 6 (b) REFERENCES.—Any reference in a law, map, reg- 7 ulation, document, paper, or other record of the United 8 States to the portion of United States Route 80 from 9 Selma, Alabama to Montgomery, Alabama is deemed to 10 be a reference to the ‘‘John R. Lewis Voting Rights High- 11 way’’. 12 SEC. 1628. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FER- 13 RIES. 14 (a) IN GENERAL.—The Comptroller General of the 15 United States shall conduct a study on the capital invest- 16 ment needs of United States public ferries and how Fed- 17 eral funding programs are meeting such needs. 18 (b) CONSIDERATIONS.—In carrying out the study 19 under subsection (a), the Comptroller General shall exam- 20 ine the feasibility of including United States public ferries 21 in the conditions and performance report of the Depart- 22 ment of Transportation. 23 (c) REPORT TO CONGRESS.—Not later than 1 year 24 after the date of enactment of this Act, the Comptroller 25 General shall submit to Congress a report describing the 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 541 •HR 3684 IH results of the study described in subsection (a), including 1 any recommendations for how to include ferries in the con- 2 ditions and performance report of the Department of 3 Transportation. 4 SEC. 1629. USE OF MODELING AND SIMULATION TECH- 5 NOLOGY. 6 It is the sense of Congress that the Department of 7 Transportation should utilize, to the fullest and most eco- 8 nomically feasible extent practicable, modeling and simula- 9 tion technology to analyze highway and public transpor- 10 tation projects authorized by this Act and the amendments 11 made by this Act to ensure that these projects— 12 (1) increase transportation capacity and safety, 13 alleviate congestion, and reduce travel time and envi- 14 ronmental impacts; and 15 (2) are as cost effective as practicable. 16 SEC. 1630. GAO STUDY ON PER-MILE USER FEE EQUITY. 17 (a) ESTABLISHMENT.—Not later than 2 years after 18 the date of enactment of this Act, the Comptroller General 19 of the United States shall carry out a study on the impact 20 of equity issues associated with per-mile user fee funding 21 systems on the surface transportation system. 22 (b) CONTENTS.—The study under subsection (a) 23 shall include the following with respect to per-mile user 24 fee systems: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 542 •HR 3684 IH (1) The financial, social, and other impacts of 1 per-mile user fee systems on individuals, low-income 2 individuals, and individuals of different races. 3 (2) The impact that access to alternative modes 4 of transportation, including public transportation, 5 has in carrying out per-mile user fee systems. 6 (3) The ability to access jobs and services, 7 which may include healthcare facilities, child care, 8 education and workforce training, food sources, 9 banking and other financial institutions, and other 10 retail shopping establishments. 11 (4) Equity issues for low-income individuals in 12 urban and rural areas. 13 (5) Any differing impacts on passenger vehicles 14 and commercial vehicles. 15 (c) INCLUSIONS.—In carrying out the study under 16 subsection (a), the Comptroller General shall include an 17 analysis of the following programs: 18 (1) The State surface transportation system 19 funding pilot program under section 6020 of the 20 FAST Act; and 21 (2) The national surface transportation system 22 funding pilot under section 5402 of this Act. 23 (d) REPORT.—Not later than 2 years after the date 24 of the enactment after this Act, the Comptroller General 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 543 •HR 3684 IH shall submit to the Committee on Transportation and In- 1 frastructure of the House of Representatives and the Com- 2 mittee on Environment and Public Works of the Senate, 3 and make publicly available, a report containing the re- 4 sults of the study under subsection (a), including rec- 5 ommendations for how to equitably implement per-mile 6 user fee systems. 7 (e) DEFINITIONS.— 8 (1) PER-MILE USER FEE.—The term ‘‘per-mile 9 user fee’’ means a revenue mechanism that— 10 (A) is applied to road users operating 11 motor vehicles on the surface transportation 12 system; and 13 (B) is based on the number of vehicle miles 14 traveled by an individual road user. 15 (2) COMMERCIAL VEHICLE.—The term ‘‘com- 16 mercial vehicle’’ has the meaning given the term 17 commercial motor vehicle in section 31101 of title 18 49, United States Code. 19 SEC. 1631. GAO REVIEW OF EQUITY CONSIDERATIONS AT 20 STATE DOTS. 21 (a) REVIEW REQUIRED.—Not later than 1 year after 22 the date of enactment of this Act, the Comptroller General 23 shall undertake a review of the extent to which State de- 24 partments of transportation have in place best practices, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 544 •HR 3684 IH standards, and protocols designed to ensure equity consid- 1 erations in transportation planning, project selection, and 2 project delivery, including considerations of the diverse 3 transportation needs of low-income populations, minority 4 populations, and other diverse populations. 5 (b) EVALUATION.—After the completion of the review 6 under subsection (a), the Comptroller General shall issue 7 and make available on a publicly accessible Website a re- 8 port detailing— 9 (1) findings based on the review in subsection 10 (a); 11 (2) a comprehensive set of recommendations for 12 State departments of transportation to improve eq- 13 uity considerations, which may include model legisla- 14 tion, best practices, or guidance; and 15 (3) any recommendations to Congress for addi- 16 tional statutory authority needed to support State 17 department of transportation efforts to incorporate 18 equity considerations into transportation planning, 19 project selection, and project delivery. 20 (c) REPORT.—After completing the review and eval- 21 uation required under subsections (a) and (b), and not 22 later than 2 years after the date of enactment of this Act, 23 the Comptroller General shall make available on a publicly 24 accessible Website, a report that includes— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 545 •HR 3684 IH (1) findings based on the review conducted 1 under subsection (a); 2 (2) the outcome of the evaluation conducted 3 under subsection (b); 4 (3) a comprehensive set of recommendations to 5 improve equity considerations in the public transpor- 6 tation industry, including recommendations for stat- 7 utory changes if applicable; and 8 (4) the actions that the Secretary of Transpor- 9 tation could take to effectively address the rec- 10 ommendations provided under paragraph (3). 11 SEC. 1632. STUDY ON EFFECTIVENESS OF SUICIDE PREVEN- 12 TION NETS AND BARRIERS FOR STRUCTURES 13 OTHER THAN BRIDGES. 14 (a) STUDY.—The Comptroller General of the United 15 States shall conduct a study to identify— 16 (1) the types of structures, other than bridges, 17 that attract a high number of individuals attempting 18 suicide-by-jumping; 19 (2) the characteristics that distinguish struc- 20 tures identified under paragraph (1) from similar 21 structures that do not attract a high number of indi- 22 viduals attempting suicide-by-jumping; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 546 •HR 3684 IH (3) the types of nets or barriers that are effec- 1 tive at reducing suicide-by-jumping with respect to 2 the structures identified under paragraph (1); 3 (4) methods of reducing suicide-by-jumping 4 with respect to the structures identified under para- 5 graph (1) other than nets and barriers; 6 (5) quantitative measures of the effectiveness of 7 the nets and barriers identified under paragraph (3); 8 (6) quantitative measures of the effectiveness of 9 the additional methods identified under paragraph 10 (4); 11 (7) the entities that typically install the nets 12 and barriers identified under paragraph (3); and 13 (8) the costs of the nets and barriers identified 14 under paragraph (3). 15 (b) REPORT.—Not later than 1 year after the date 16 of the enactment of this Act, the Comptroller General shall 17 submit to the Committee on Transportation and Infra- 18 structure of the House of Representatives and the Com- 19 mittee on Commerce, Science, and Transportation of the 20 Senate a report on the results of the study conducted 21 under subsection (a). 22 SEC. 1633. REPEAL OF PILOT PROGRAM. 23 Section 325 of title 23, United States Code, is re- 24 pealed. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 547 •HR 3684 IH SEC. 1634. TECHNICAL CORRECTIONS. 1 (a) IN GENERAL.— Title 23, United States Code, is 2 amended as follows: 3 (1) NAME CORRECTION.—Section 4 101(a)(16)(C),as amended, is amended by striking 5 ‘‘United States Customs and Immigration Services’’ 6 and inserting ‘‘ U.S. Customs and Border Protec- 7 tion’’. 8 (2) TRANSFER OF FUNDS.—Section 104(f)(3) is 9 amended— 10 (A) in subparagraph (A), by striking ‘‘the 11 Federal Highway Administration’’ and inserting 12 ‘‘an operating administration of the Depart- 13 ment of Transportation’’; and 14 (B) in the paragraph heading, by striking 15 ‘‘Federal Highway Administration’’ and insert- 16 ing ‘‘an operating administration of the Depart- 17 ment of Transportation’’. 18 (3) TERMS AND CONDITIONS.—Section 19 108(c)(3)(F) is amended— 20 (A) by inserting ‘‘of 1969 (42 U.S.C. 4321 21 et seq.)’’ after ‘‘Policy Act’’; and 22 (B) by striking ‘‘this Act’’ and inserting 23 ‘‘this title’’. 24 (4) EXCLUSION.—Section 112(b)(2) is amended 25 in subparagraph (F) by striking ‘‘(F)’’ and all that 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 548 •HR 3684 IH follows through ‘‘Subparagraphs’’ and inserting ‘‘(F) 1 Subparagraphs’’. 2 (5) REFERENCE TO STATEWIDE TRANSPOR- 3 TATION IMPROVEMENT PROGRAM.—Section 115(c) is 4 amended by striking ‘‘135(f)’’ and inserting 5 ‘‘135(g)’’. 6 (6) OPPORTUNITY FOR COMMENT.—Section 7 134(j) is amended by striking ‘‘subsection (i)(5)’’ 8 both places it appears and inserting ‘‘subsection 9 (i)(6)’’. 10 (7) PERFORMANCE-BASED APPROACH.—Section 11 135(f)(7)(B) is amended by striking the semicolon 12 at the end and inserting a period. 13 (8) EFFICIENT ENVIRONMENTAL REVIEWS FOR 14 PROJECT DECISIONMAKING.—Section 139 is amend- 15 ed— 16 (A) in subsection (b)(1) by inserting ‘‘(42 17 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; 18 (B) in subsection (c) by inserting ‘‘(42 19 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’ each 20 place it appears; and 21 (C) in subsection (k)(2) by inserting ‘‘(42 22 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 549 •HR 3684 IH (9) NONDISCRIMINATION.—Section 140(a) is 1 amended, in the third sentence, by inserting a 2 comma after ‘‘Secretary’’. 3 (10) PUBLIC TRANSPORTATION.—Section 142 4 is amended by striking subsection (i). 5 (11) CONGESTION MITIGATION AND AIR QUAL- 6 ITY IMPROVEMENT PROGRAM.—Section 149 is 7 amended— 8 (A) in subsection (b)(1)(A)(ii) by striking 9 ‘‘; or,’’ and inserting ‘‘; or’’; and 10 (B) in subsection (g)(2)(B) by striking the 11 semicolon at the end and inserting ‘‘; and’’. 12 (12) TRIBAL TRANSPORTATION PROGRAM DATA 13 COLLECTION.—Section 201(c)(6)(A)(ii) is amended 14 by striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting 15 ‘‘(25 U.S.C. 5301 et seq.)’’. 16 (13) TRIBAL TRANSPORTATION PROGRAM.— 17 Section 202 is amended— 18 (A) by striking ‘‘(25 U.S.C. 450 et seq.)’’ 19 each place it appears and inserting ‘‘(25 U.S.C. 20 5301 et seq.)’’; 21 (B) in subsection (a)(10)(B) by striking 22 ‘‘(25 U.S.C. 450e(b))’’ and inserting ‘‘(25 23 U.S.C. 5307(b))’’; and 24 (C) in subsection (b)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 550 •HR 3684 IH (i) in paragraph (5) in the matter pre- 1 ceding subparagraph (A) by inserting 2 ‘‘the’’ after ‘‘agreement under’’; and 3 (ii) in paragraph (6)(A) by inserting 4 ‘‘the’’ after ‘‘in accordance with’’. 5 (14) PERMISSIBLE USES OF RECREATIONAL 6 TRAILS PROGRAM APPORTIONED FUNDS.—Section 7 206(d)(2)(G) is amended by striking ‘‘use of rec- 8 reational trails’’ and inserting ‘‘uses of recreational 9 trails’’. 10 (15) TRIBAL TRANSPORTATION SELF-GOVERN- 11 ANCE PROGRAM.—Section 207 is amended— 12 (A) in subsection (g)— 13 (i) by striking ‘‘(25 U.S.C. 450j–1)’’ 14 and inserting ‘‘(25 U.S.C. 5325)’’; and 15 (ii) by striking ‘‘(25 U.S.C. 450j- 16 1(f))’’ and inserting ‘‘(25 U.S.C. 17 5325(f))’’; 18 (B) in subsection (l)— 19 (i) in paragraph (1), by striking ‘‘(25 20 U.S.C. 458aaa–5)’’ and inserting ‘‘(25 21 U.S.C. 5386)’’; 22 (ii) in paragraph (2), by striking ‘‘(25 23 U.S.C. 458aaa–6)’’ and inserting ‘‘(25 24 U.S.C. 5387)’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 551 •HR 3684 IH (iii) in paragraph (3), by striking 1 ‘‘(25 U.S.C. 458aaa–7)’’ and inserting 2 ‘‘(25 U.S.C. 5388)’’; 3 (iv) in paragraph (4), by striking ‘‘(25 4 U.S.C. 458aaa–9)’’ and inserting ‘‘(25 5 U.S.C. 5390)’’; 6 (v) in paragraph (5), by striking ‘‘(25 7 U.S.C. 458aaa–10)’’ and inserting ‘‘(25 8 U.S.C. 5391)’’; 9 (vi) in paragraph (6), by striking ‘‘(25 10 U.S.C. 458aaa–11)’’ and inserting ‘‘(25 11 U.S.C. 5392)’’; 12 (vii) in paragraph (7), by striking 13 ‘‘(25 U.S.C. 458aaa–14)’’ and inserting 14 ‘‘(25 U.S.C. 5395)’’; 15 (viii) in paragraph (8), by striking 16 ‘‘(25 U.S.C. 458aaa–15)’’ and inserting 17 ‘‘(25 U.S.C. 5396)’’; and 18 (ix) in paragraph (9), by striking ‘‘(25 19 U.S.C. 458aaa–17)’’ and inserting ‘‘(25 20 U.S.C. 5398)’’; and 21 (C) in subsection (m)(2)— 22 (i) by striking ‘‘505’’ and inserting 23 ‘‘501’’; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 552 •HR 3684 IH (ii) by striking ‘‘(25 U.S.C. 450b; 1 458aaa)’’ and inserting ‘‘(25 U.S.C. 5304; 2 5381)’’. 3 (16) BUY AMERICA.—Section 313 is amended— 4 (A) in subsection (e)(2) by striking 5 ‘‘States;’’ and inserting ‘‘States,’’; and 6 (B) in subsection (f)(1) by striking ‘‘, and’’ 7 and inserting ‘‘; and’’. 8 (17) PROCEDURES FOR A GIFT OR DONA- 9 TION.—Section 323(d) is amended in the matter 10 preceding paragraph (1) by inserting ‘‘(42 U.S.C. 11 4321 et seq.)’’ after ‘‘of 1969’’. 12 (18) HIGHWAY SAFETY PROGRAMS.—Section 13 402(b)(1)(E) is amended by striking the semicolon 14 at the end and inserting ‘‘; and’’. 15 (19) USE OF FREIGHT CAPACITY BUILDING 16 PROGRAM FUNDS.—Section 504(g)(6) is amended by 17 striking ‘‘make grants or to’’ and inserting ‘‘make 18 grants to’’. 19 (20) DEVELOPMENT PHASE ACTIVITIES.—Sec- 20 tion 602(e) is amended by striking ‘‘601(a)(1)(A)’’ 21 and inserting ‘‘601(a)(2)(A)’’. 22 (b) CLERICAL AMENDMENTS.— 23 (1) IN GENERAL.—The table of contents for 24 title 23, United States Code, is amended in the item 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 553 •HR 3684 IH relating to chapter 1 by striking ‘‘FEDERAL AID 1 HIGHWAYS’’ and inserting ‘‘FEDERAL-AID 2 HIGHWAYS’’. 3 (2) CHAPTER 3.—The analysis for chapter 3 of 4 title 23, United States Code, is amended by striking 5 the item relating to section 325. 6 TITLE II—PUBLIC 7 TRANSPORTATION 8 Subtitle A—Federal Transit 9 Administration 10 SEC. 2101. AUTHORIZATIONS. 11 (a) IN GENERAL.—Section 5338 of title 49, United 12 States Code, is amended to read as follows: 13 ‘‘§ 5338. Authorizations 14 ‘‘(a) GRANTS.— 15 ‘‘(1) IN GENERAL.—There shall be available 16 from the Mass Transit Account of the Highway 17 Trust Fund to carry out sections 5305, 5307, 5308, 18 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 19 5337, 5339, and 5340— 20 ‘‘(A) $17,894,460,367 for fiscal year 2023; 21 ‘‘(B) $18,201,940,770 for fiscal year 2024; 22 ‘‘(C) $18,551,676,708 for fiscal year 2025; 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 554 •HR 3684 IH ‘‘(D) $18,901,573,693 for fiscal year 1 2026. 2 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 3 made available under paragraph (1)— 4 ‘‘(A) $189,879,151 for fiscal year 2023, 5 $192,841,266 for fiscal year 2024, 6 $195,926,726 for fiscal year 2025, and 7 $199,002,776 for fiscal year 2026, shall be 8 available to carry out section 5305; 9 ‘‘(B) $7,505,830,848 for fiscal year 2023, 10 $7,622,921,809 for fiscal year 2024, 11 $7,744,888,558 for fiscal year 2025, and 12 $7,866,483,309 for fiscal year 2026 shall be al- 13 located in accordance with section 5336 to pro- 14 vide financial assistance for urbanized areas 15 under section 5307; 16 ‘‘(C) $101,510,000 for fiscal year 2023, 17 $103,093,556 for fiscal year 2024, 18 $104,743,053 for fiscal year 2025, and 19 $106,387,519 for fiscal year 2026 shall be 20 available for grants under section 5308; 21 ‘‘(D) $434,830,298 for fiscal year 2023, 22 $441,613,651 for fiscal year 2024, 23 $448,679,469 for fiscal year 2025, and 24 $455,723,737 for fiscal year 2026 shall be 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 555 •HR 3684 IH available to carry out section 5310, of which 1 not less than— 2 ‘‘(i) $5,075,500 for fiscal year 2023, 3 $5,154,678 for fiscal year 2024, 4 $5,237,153 for fiscal year 2025, and 5 $5,319,376 for fiscal year 2026 shall be 6 available to carry out section 5310(j); and 7 ‘‘(ii) $20,302,000 for fiscal year 2023, 8 $20,618,711 for fiscal year 2024, 9 $20,948,611 for fiscal year 2025, and 10 $21,277,504 for fiscal year 2026 shall be 11 available to carry out section 5310(k); 12 ‘‘(E) $1,025,199,724 for fiscal year 2023, 13 $1,041,192,839 for fiscal year 2024, 14 $1,057,851,925 for fiscal year 2025, and 15 $1,074,460,200 for fiscal year 2026 shall be 16 available to carry out section 5311, of which 17 not less than— 18 ‘‘(i) $55,679,500 for fiscal year 2023, 19 $56,392,100 for fiscal year 2024, 20 $57,134,374 for fiscal year 2025, and 21 $57,874,383 for fiscal year 2026 shall be 22 available to carry out section 5311(c)(1); 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 556 •HR 3684 IH ‘‘(ii) $50,755,000 for fiscal year 2023, 1 $51,546,778 for fiscal year 2024, 2 $52,371,526 for fiscal year 2025, and 3 $53,193,759 for fiscal year 2026 shall be 4 available to carry out section 5311(c)(2); 5 ‘‘(F) $53,498,300 for fiscal year 2023; 6 $54,020,873 for fiscal year 2024; $54,565,207 7 for fiscal year 2025; $55,107,881 for fiscal year 8 2026 shall be available to carry out section 9 5312, of which not less than— 10 ‘‘(i) $5,075,500 for fiscal year 2023, 11 $5,154,678 for fiscal year 2024, 12 $5,237,153 for fiscal year 2025, and 13 $5,319,376 for fiscal year 2026 shall be 14 available to carry out each of sections 15 5312(d)(3) and 5312(d)(4); 16 ‘‘(ii) $3,045,300 for fiscal year 2023, 17 $3,092,807 for fiscal year 2024, 18 $3,142,292 for fiscal year 2025, and 19 $3,191,626 for fiscal year 2026 shall be 20 available to carry out section 5312(h); 21 ‘‘(iii) $10,151,000 for fiscal year 22 2023, $10,309,356 for fiscal year 2024, 23 $10,474,305 for fiscal year 2025, and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 557 •HR 3684 IH $10,638,752 for fiscal year 2026 shall be 1 available to carry out section 5312(i); and 2 ‘‘(iv) $10,075,500 for fiscal year 3 2023, $10,154,678 for fiscal year 2024, 4 $10,237,153 for fiscal year 2025, and 5 $10,319,376 shall be available to carry out 6 section 5312(j); 7 ‘‘(G) $23,347,300 for fiscal year 2023, 8 $23,711,518 for fiscal year 2024, $24,090,902 9 for fiscal year 2025, and $24,469,129 for fiscal 10 year 2026 shall be available to carry out section 11 5314, of which not less than— 12 ‘‘(i) $4,060,400 for fiscal year 2023, 13 $4,123,742 for fiscal year 2024, 14 $4,189,722 for fiscal year 2025, and 15 $4,255,501 for fiscal year 2026 shall be 16 available to carry out section of 5314(a); 17 ‘‘(ii) $5,075,500 for fiscal year 2023, 18 $5,154,678 for fiscal year 2024, 19 $5,237,153 for fiscal year 2025, and 20 $5,319,376 for fiscal year 2026 shall be 21 available to carry out section 5314(c); and 22 ‘‘(iii) $12,181,200 for fiscal year 23 2023, $12,371,227 for fiscal year 2024, 24 $12,569,166 for fiscal year 2025, and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 558 •HR 3684 IH $12,766,502 for fiscal year 2026 shall be 1 available to carry out section 5314(b)(2); 2 ‘‘(H) $5,075,500 for fiscal year 2023, 3 $5,154,678 for fiscal year 2024, $5,237,153 for 4 fiscal year 2025, and $5,319,376 for fiscal year 5 2026 shall be available to carry out section 6 5318; 7 ‘‘(I) $30,453,000 for fiscal year 2023, 8 $30,928,067 for fiscal year 2024, $31,422,916 9 for fiscal year 2025, and $31,916,256 for fiscal 10 year 2026 shall be available to carry out section 11 5328, of which not less than— 12 ‘‘(i) $25,377,500 for fiscal year 2023, 13 $25,773,389 for fiscal year 2024, 14 $26,185,763 for fiscal year 2025, and 15 $26,596,880 for fiscal year 2026 shall be 16 available to carry out section of 5328(b); 17 and 18 ‘‘(ii) $2,537,750 for fiscal year 2023, 19 $2,577,339 for fiscal year 2024, 20 $2,618,576 for fiscal year 2025, and 21 $2,659,688 for fiscal year 2026 shall be 22 available to carry out section 5328(c); 23 ‘‘(J) $4,060,400 for fiscal year 2023, 24 $4,123,742 for fiscal year 2024, $4,189,722 for 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 559 •HR 3684 IH fiscal year 2025, and $4,255,501 for fiscal year 1 2026 shall be available to carry out section 2 5335; 3 ‘‘(K) $5,366,233,728 for fiscal year 2023, 4 $5,460,789,084 for fiscal year 2024, 5 $5,560,170,578 for fiscal year 2025, and 6 $5,660,288,417 for fiscal year 2026 shall be 7 available to carry out section 5337; 8 ‘‘(L) to carry out the bus formula program 9 under section 5339(a)— 10 ‘‘(i) $1,240,328,213 for fiscal year 11 2023, $1,259,667,334 for fiscal year 2024, 12 $1,279,832,171 for fiscal year 2025, and 13 $1,299,925,536 for fiscal year 2026; ex- 14 cept that 15 ‘‘(ii) 15 percent of the amounts under 16 clause (i) shall be available to carry out 17 5339(d); 18 ‘‘(M) $437,080,000 for fiscal year 2023, 19 $424,748,448 for fiscal year 2024, 20 $387,944,423 for fiscal year 2025, and 21 $351,100,151 for fiscal year 2026 shall be 22 available to carry out section 5339(b); 23 ‘‘(N) $890,000,000 for fiscal year 2023, 24 $950,000,000 for fiscal year 2024, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 560 •HR 3684 IH $1,065,000,000 for fiscal year 2025, and 1 $1,180,000,000 for fiscal year 2026 shall be 2 available to carry out section 5339(c); and 3 ‘‘(O) $587,133,905 for each of fiscal years 4 2023 through 2026 shall be available to carry 5 out section 5340 to provide financial assistance 6 for urbanized areas under section 5307 and 7 rural areas under section 5311, of which— 8 ‘‘(i) $309,688,908 for each of fiscal 9 years 2023 through 2026 shall be for 10 growing States under section 5340(c); and 11 ‘‘(ii) $277,444,997 for each of fiscal 12 years 2023 through 2026 shall be for high 13 density States under section 5340(d). 14 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au- 15 thorized to be appropriated to carry out section 5309 16 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for 17 fiscal year 2024, $5,000,000,000 for fiscal year 2025, and 18 5,500,000,000 for fiscal year 2026. 19 ‘‘(c) ADMINISTRATION.— 20 ‘‘(1) IN GENERAL.—There are authorized to be 21 appropriated to carry out section 5334, 22 $142,060,785 for fiscal year 2023, $144,191,696 for 23 fiscal year 2024, $146,412,248 for fiscal year 2025, 24 and 148,652,356 for fiscal year 2026. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 561 •HR 3684 IH ‘‘(2) SECTION 5329.—Of the amounts author- 1 ized to be appropriated under paragraph (1), not 2 less than $6,000,000 for each of fiscal years 2023 3 through 2026 shall be available to carry out section 4 5329. 5 ‘‘(3) SECTION 5326.—Of the amounts made 6 available under paragraph (2), not less than 7 $2,500,000 for each of fiscal years 2023 through 8 2026 shall be available to carry out section 5326. 9 ‘‘(d) OVERSIGHT.— 10 ‘‘(1) IN GENERAL.—Of the amounts made 11 available to carry out this chapter for a fiscal year, 12 the Secretary may use not more than the following 13 amounts for the activities described in paragraph 14 (2): 15 ‘‘(A) 0.5 percent of amounts made avail- 16 able to carry out section 5305. 17 ‘‘(B) 0.75 percent of amounts made avail- 18 able to carry out section 5307. 19 ‘‘(C) 1 percent of amounts made available 20 to carry out section 5309. 21 ‘‘(D) 1 percent of amounts made available 22 to carry out section 601 of the Passenger Rail 23 Investment and Improvement Act of 2008 24 (Public Law 110–432; 126 Stat. 4968). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 562 •HR 3684 IH ‘‘(E) 0.5 percent of amounts made avail- 1 able to carry out section 5310. 2 ‘‘(F) 0.5 percent of amounts made avail- 3 able to carry out section 5311. 4 ‘‘(G) 1 percent of amounts made available 5 to carry out section 5337, of which not less 6 than 25 percent of such amounts shall be avail- 7 able to carry out section 5329 and of which not 8 less than 10 percent of such amounts shall be 9 made available to carry out section 5320. 10 ‘‘(H) 1 percent of amounts made available 11 to carry out section 5339 of which not less than 12 10 percent of such amounts shall be made 13 available to carry out section 5320. 14 ‘‘(I) 1 percent of amounts made available 15 to carry out section 5308. 16 ‘‘(2) ACTIVITIES.—The activities described in 17 this paragraph are as follows: 18 ‘‘(A) Activities to oversee the construction 19 of a major capital project. 20 ‘‘(B) Activities to review and audit the 21 safety and security, procurement, management, 22 and financial compliance of a recipient or sub- 23 recipient of funds under this chapter. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 563 •HR 3684 IH ‘‘(C) Activities to provide technical assist- 1 ance generally, and to provide technical assist- 2 ance to correct deficiencies identified in compli- 3 ance reviews and audits carried out under this 4 section. 5 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 6 Government shall pay the entire cost of carrying out 7 a contract under this subsection/activities described 8 in paragraph (2). 9 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 10 Funds made available under paragraph (1)(C) shall 11 be made available to the Secretary before allocating 12 the funds appropriated to carry out any project 13 under a full funding grant agreement. 14 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 15 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 16 FUND.—A grant or contract that is approved by the 17 Secretary and financed with amounts made available 18 from the Mass Transit Account of the Highway 19 Trust Fund pursuant to this section is a contractual 20 obligation of the Government to pay the Government 21 share of the cost of the project. 22 ‘‘(2) GRANTS FINANCED FROM GENERAL 23 FUND.—A grant or contract that is approved by the 24 Secretary and financed with amounts from future 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 564 •HR 3684 IH appropriations from the general fund of the Treas- 1 ury pursuant to this section is a contractual obliga- 2 tion of the Government to pay the Government share 3 of the cost of the project only to the extent that 4 amounts are appropriated for such purpose by an 5 Act of Congress. 6 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 7 available by or appropriated under this section shall re- 8 main available until expended. 9 ‘‘(g) LIMITATION ON FINANCIAL ASSISTANCE FOR 10 STATE-OWNED ENTERPRISES.— 11 ‘‘(1) IN GENERAL.—Funds provided under this 12 section may not be used in awarding a contract, sub- 13 contract, grant, or loan to an entity that is owned 14 or controlled by, is a subsidiary of, or is otherwise 15 related legally or financially to a corporation based 16 in a country that— 17 ‘‘(A) is identified as a nonmarket economy 18 country (as defined in section 771(18) of the 19 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 20 the date of enactment of the INVEST in Amer- 21 ica Act; 22 ‘‘(B) was identified by the United States 23 Trade Representative in the most recent report 24 required by section 182 of the Trade Act of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 565 •HR 3684 IH 1974 (19 U.S.C. 2242) as a priority foreign 1 country under subsection (a)(2) of that section; 2 and 3 ‘‘(C) is subject to monitoring by the Trade 4 Representative under section 306 of the Trade 5 Act of 1974 (19 U.S.C. 2416). 6 ‘‘(2) EXCEPTION.—For purposes of paragraph 7 (1), the term ‘otherwise related legally or financially’ 8 does not include a minority relationship or invest- 9 ment. 10 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub- 11 section shall be applied in a manner consistent with 12 the obligations of the United States under inter- 13 national agreements.’’. 14 (b) CONFORMING AMENDMENTS.— 15 (1) Section 5311 of title 49, United States 16 Code, is amended by striking ‘‘5338(a)(2)(F)’’ and 17 inserting ‘‘5338(a)(2)(E)’’. 18 (2) Section 5312(i)(1) of title 49, United States 19 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ 20 and inserting ‘‘5338(a)(2)(F)(iii)’’. 21 (3) Section 5333(b) of title 49, United States 22 Code, is amended by striking ‘‘5328, 5337, and 23 5338(b)’’ each place it appears and inserting ‘‘and 24 5337’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 566 •HR 3684 IH (4) Section 5336 of title 49, United States 1 Code, is amended— 2 (A) in subsection (d)(1) by striking 3 ‘‘5338(a)(2)(C)’’ and inserting 4 ‘‘5338(a)(2)(B)’’; and 5 (B) in subsection (h) by striking 6 ‘‘5338(a)(2)(C)’’ and inserting 7 ‘‘5338(a)(2)(B)’’. 8 (5) Subsections (c) and (d)(1) of section 5327 9 of title 49, United States Code, are amended by 10 striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 11 (6) Section 5340(b) of title 49, United States 12 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and 13 inserting ‘‘5338(a)(2)(O)’’. 14 SEC. 2102. CHAPTER 53 DEFINITIONS. 15 Section 5302 of title 49, United States Code, is 16 amended— 17 (1) in paragraph (1)(E)— 18 (A) by striking ‘‘and the installation’’ and 19 inserting ‘‘, the installation’’; and 20 (B) by inserting ‘‘, charging stations and 21 docks for electric micromobility devices, and 22 bikeshare projects’’ after ‘‘public transportation 23 vehicles’’; 24 (2) in paragraph (3)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 567 •HR 3684 IH (A) in subparagraph (G) by striking clause 1 (iii) and inserting the following: 2 ‘‘(iii) provides a fair share of revenue 3 established by the Secretary that will be 4 used for public transportation, except for a 5 joint development that is a community 6 service (as defined by the Federal Transit 7 Administration), publicly operated facility, 8 or offers a minimum of 50 percent of units 9 as affordable housing, meaning legally 10 binding affordability restricted housing 11 units available to tenants with incomes 12 below 60 percent of the area median in- 13 come or owners with incomes below the 14 area median;’’; and 15 (B) in subparagraph (N)— 16 (i) by striking ‘‘no emission’’ and in- 17 serting ‘‘zero emission’’; and 18 (ii) by striking ‘‘(as defined in section 19 5339(c))’’; and 20 (3) by adding at the end the following: 21 ‘‘(25) RESILIENCE.— 22 ‘‘(A) IN GENERAL.—The term ‘resilience’ 23 means, with respect to a facility, the ability 24 to— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 568 •HR 3684 IH ‘‘(i) anticipate, prepare for, or adapt 1 to conditions; or 2 ‘‘(ii) withstand, respond to, or recover 3 rapidly from disruptions. 4 ‘‘(B) INCLUSIONS.—Such term includes, 5 with respect to a facility, the ability to— 6 ‘‘(i) resist hazards or withstand im- 7 pacts from disruptions; 8 ‘‘(ii) reduce the magnitude, duration, 9 or impact of a disruption; or 10 ‘‘(iii) have the absorptive capacity, 11 adaptive capacity, and recoverability to de- 12 crease vulnerability to a disruption. 13 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 14 term ‘assault on a transit worker’ means any cir- 15 cumstance in which an individual knowingly, without 16 lawful authority or permission, and with intent to 17 endanger the safety of any individual, or with a 18 reckless disregard for the safety of human life, inter- 19 feres with, disables, or incapacitates any transit 20 worker while the transit worker is performing his or 21 her duties.’’. 22 SEC. 2103. GENERAL PROVISIONS. 23 Section 5323 of title 49, United States Code, is 24 amended— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 569 •HR 3684 IH (1) in subsection (d)— 1 (A) in paragraph (1) by striking ‘‘urban 2 area’’ and inserting ‘‘urbanized area’’; 3 (B) by adding at the end the following: 4 ‘‘(3) EXCEPTIONS.—This subsection shall not 5 apply to financial assistance under this chapter— 6 ‘‘(A) in which the non-Federal share of 7 project costs are provided from amounts re- 8 ceived under a service agreement with a State 9 or local social service agency or private social 10 service organization pursuant to section 11 5307(d)(3)(E) or section 5311(g)(3)(C); 12 ‘‘(B) provided to a recipient or sub- 13 recipient whose sole receipt of such assistance 14 derives from section 5310; or 15 ‘‘(C) provided to a recipient operating a 16 fixed route service that is— 17 ‘‘(i) for a period of less than 30 days; 18 ‘‘(ii) accessible to the public; 19 ‘‘(iii) contracted by a local govern- 20 ment entity that provides local cost share 21 to the recipient; and 22 ‘‘(iv) not contracted for the purposes 23 of a convention or on behalf of a conven- 24 tion and visitors bureau. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 570 •HR 3684 IH ‘‘(4) GUIDELINES.—The Secretary shall publish 1 guidelines for grant recipients and private bus oper- 2 ators that clarify when and how a transit agency 3 may provide the service in the event a registered 4 charter provider does not contact the customer, pro- 5 vide a quote, or provide the service.’’; 6 (2) in subsection (h)— 7 (A) in paragraph (1) by adding ‘‘or’’ at the 8 end; and 9 (B) by striking paragraph (2) and redesig- 10 nating paragraph (3) as paragraph (2); 11 (3) by striking subsection (j) and inserting the 12 following: 13 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 14 ‘‘(1) IN GENERAL.—The Secretary shall ensure 15 that an individual who believes that he or she, or a 16 specific class in which the individual belongs, has 17 been subjected to discrimination on the basis of dis- 18 ability by a State or local governmental entity, pri- 19 vate nonprofit organization, or Tribe that operates a 20 public transportation service and is a recipient or 21 subrecipient of funds under this chapter, may, by 22 the individual or by an authorized representative, file 23 a complaint with the Department of Transportation. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 571 •HR 3684 IH ‘‘(2) PROCEDURES.—Not later than 1 year 1 after the date of enactment of the INVEST in 2 America Act, the Secretary shall implement proce- 3 dures that allow an individual to submit a complaint 4 described in paragraph (1) by phone, mail-in form, 5 and online through the website of the Office of Civil 6 Rights of the Federal Transit Administration. 7 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL- 8 ITIES.—Not later than 12 months after the date of 9 enactment of the INVEST in America Act, the Sec- 10 retary shall require that each public transit provider 11 and contractor providing paratransit services shall 12 include on a publicly available website of the service 13 provider, any related mobile device application, and 14 online service— 15 ‘‘(A) notice that an individual can file a 16 disability-related complaint with the local tran- 17 sit agency and the process and any timelines for 18 filing such a complaint; 19 ‘‘(B) the telephone number, or a com- 20 parable electronic means of communication, for 21 the disability assistance hotline of the Office of 22 Civil Rights of the Federal Transit Administra- 23 tion; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 572 •HR 3684 IH ‘‘(C) notice that a consumer can file a dis- 1 ability related complaint with the Office of Civil 2 Rights of the Federal Transit Administration; 3 and 4 ‘‘(D) an active link to the website of the 5 Office of Civil Rights of the Federal Transit 6 Administration for an individual to file a dis- 7 ability-related complaint. 8 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not 9 later than 60 days after the last day of each fiscal 10 year, the Secretary shall publish a report that lists 11 the disposition of complaints described in paragraph 12 (1), including— 13 ‘‘(A) the number and type of complaints 14 filed with Department of Transportation; 15 ‘‘(B) the number of complaints inves- 16 tigated by the Department; 17 ‘‘(C) the result of the complaints that were 18 investigated by the Department including 19 whether the complaint was resolved— 20 ‘‘(i) informally; 21 ‘‘(ii) by issuing a violation through a 22 noncompliance Letter of Findings; or 23 ‘‘(iii) by other means, which shall be 24 described; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 573 •HR 3684 IH ‘‘(D) if a violation was issued for a com- 1 plaint, whether the Department resolved the 2 noncompliance by— 3 ‘‘(i) reaching a voluntary compliance 4 agreement with the entity; 5 ‘‘(ii) referring the matter to the Attor- 6 ney General; or 7 ‘‘(iii) by other means, which shall be 8 described. 9 ‘‘(5) REPORT.—The Secretary shall, upon im- 10 plementation of this section and annually thereafter, 11 submit to the Committee on Transportation and In- 12 frastructure of the House of Representatives, the 13 Committee on Banking, Housing, and Urban Affairs 14 of the Senate, and make publicly available a report 15 containing the information collected under this sec- 16 tion.’’; 17 (4) by striking subsection (m) and inserting the 18 following: 19 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 20 ROLLING STOCK PURCHASES.—The Secretary shall pre- 21 scribe regulations requiring a preaward and postdelivery 22 review of a grant under this chapter to buy rolling stock 23 to ensure compliance with bid specifications requirements 24 of grant recipients under this chapter. Under this sub- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 574 •HR 3684 IH section, grantee inspections and review are required, and 1 a manufacturer certification is not sufficient.’’; and 2 (5) by amending subsection (r) to read as fol- 3 lows: 4 ‘‘(r) REASONABLE ACCESS TO PUBLIC TRANSPOR- 5 TATION FACILITIES.— 6 ‘‘(1) IN GENERAL.—A recipient of assistance 7 under this chapter— 8 ‘‘(A) may not deny reasonable access for a 9 private intercity or charter transportation oper- 10 ator to federally funded public transportation 11 facilities, including intermodal facilities, park 12 and ride lots, and bus-only highway lanes; and 13 ‘‘(B) shall respond to any request for rea- 14 sonable access within 75 days of the receipt of 15 the request and, if a recipient of assistance 16 under this chapter denies access to a private 17 intercity or charter transportation operator 18 based on the reasonable access standards, pro- 19 vide, in writing, the reasons for the denial. 20 ‘‘(2) DETERMINING REASONABLE ACCESS.—In 21 determining reasonable access under paragraph 22 (1)(A), capacity requirements of the recipient of as- 23 sistance and the extent to which access would be 24 detrimental or beneficial to existing public transpor- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 575 •HR 3684 IH tation services must be considered and demographic 1 makeup of the riders of a private intercity or charter 2 transportation operator may not be cited as a det- 3 riment to the provision of access. 4 ‘‘(3) NOTIFICATION.—If a private intercity or 5 charter transportation operator requesting access 6 under this subsection is denied such access by a re- 7 cipient of assistance under this chapter or does not 8 receive a written response within 75 days of submit- 9 ting the request, such operator may notify the Sec- 10 retary for purposes of inclusion in the report under 11 paragraph (4). 12 ‘‘(4) REPORT TO CONGRESS.—The Secretary 13 shall annually submit to the Committee on Trans- 14 portation and Infrastructure of the House of Rep- 15 resentatives and the Committee on Banking, Hous- 16 ing, and Urban Affairs of the Senate a report listing 17 each instance reported under paragraph (3) in 18 which— 19 ‘‘(A) a private intercity or charter trans- 20 portation operator requested reasonable access 21 and was denied, and the reasons provided by 22 the recipient of assistance under this chapter 23 for the denial; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 576 •HR 3684 IH ‘‘(B) a recipient of assistance under this 1 chapter did not respond to a request for reason- 2 able access within 75 days.’’. 3 SEC. 2104. MISCELLANEOUS PROVISIONS. 4 (a) STATE OF GOOD REPAIR GRANTS.—Section 5 5337(e) of title 49, United States Code, is amended by 6 adding at the end the following: 7 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 8 paragraph (1), the Federal share of the net project 9 cost of a project to provide accessibility improve- 10 ments consistent with standards in compliance with 11 the Americans with Disabilities Act of 1990 (42 12 U.S.C. 12101 et seq.) shall be 90 percent.’’. 13 (b) APPORTIONMENTS BASED ON GROWING STATES 14 AND HIGH DENSITY STATES FORMULA FACTORS.—Sec- 15 tion 5340(a) of title 49, United States Code, is amended 16 by inserting ‘‘and the District of Columbia’’ after ‘‘United 17 States’’. 18 (c) TECHNICAL ASSISTANCE AND WORKFORCE DE- 19 VELOPMENT.—Section 5314 of title 49, United States 20 Code, is amended— 21 (1) in subsection (a)(1)(B)— 22 (A) in clause (i) by striking ‘‘; and’’ and 23 inserting a semicolon; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 577 •HR 3684 IH (B) in clause (ii) by striking the period 1 and inserting ‘‘; and’’; and 2 (C) by adding at the end the following: 3 ‘‘(iii) technical assistance to assist re- 4 cipients with the impacts of a new census 5 count.’’; 6 (2) in subsection (b)(1)(B) by striking ‘‘fe- 7 males’’ and inserting ‘‘women’’; and 8 (3) in subsection (c)(4)(A) by inserting ‘‘, and 9 not more than 2 percent of amounts under 5311’’ 10 after ‘‘5339’’. 11 (d) NATIONAL TRANSIT DATABASE.—Section 5335 12 of title 49, United States Code, is amended— 13 (1) in subsection (a) by inserting ‘‘, including 14 information on transit routes and ridership on those 15 routes’’ after ‘‘public sector investment decision’’; 16 and 17 (2) in subsection (c) by inserting ‘‘, any data on 18 each assault on a transit worker, and pedestrian in- 19 juries and fatalities as a result of an impact with a 20 bus. Each of the data sets shall be publicly reported 21 without aggregating the data with other safety data’’ 22 after ‘‘by the recipient’’. 23 (e) URBANIZED AREA FORMULA GRANTS.—Section 24 5307 of title 49, United States Code, is amended— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 578 •HR 3684 IH (1) in subsection (a)(2)(A)— 1 (A) in clause (i) by striking ‘‘or’’ at the 2 end; and 3 (B) by adding at the end the following: 4 ‘‘(iii) operate a minimum of 101 buses 5 and a maximum of 125 buses in fixed 6 route service or demand response service, 7 excluding ADA complementary paratransit 8 service, during peak service hours, in an 9 amount not to exceed 25 percent of the 10 share of the apportionment which is attrib- 11 utable to such systems within the urban- 12 ized area, as measured by vehicle revenue 13 hours; or’’; 14 (2) in subsection (a)(2)(B)— 15 (A) in clause (i) by striking ‘‘or’’ at the 16 end; 17 (B) in clause (ii) by striking the period at 18 the end and inserting ‘‘; or’’; and 19 (C) by adding at the end the following: 20 ‘‘(iii) operate a minimum of 101 buses 21 and a maximum of 125 buses in fixed 22 route service or demand response service, 23 excluding ADA complementary paratransit 24 service, during peak service hours, in an 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 579 •HR 3684 IH amount not to exceed 25 percent of the 1 share of the apportionment allocated to 2 such systems within the urbanized area, as 3 determined by the local planning process 4 and included in the designated recipient’s 5 final program of projects prepared under 6 subsection (b).’’; and 7 (3) in subsection (b)— 8 (A) in paragraph (6) by striking ‘‘and’’ at 9 the end; 10 (B) by redesignating paragraph (7) as 11 paragraph (8); and 12 (C) by inserting after paragraph (6) the 13 following: 14 ‘‘(7) ensure that the proposed program of 15 projects provides improved access to transit for the 16 individuals described in section 5336(j); and’’. 17 (f) TECHNICAL CORRECTION.—Section 18 5307(a)(2)(B)(ii) of title 49, United States Code, is 19 amended by striking ‘‘service during peak’’ and inserting 20 ‘‘service, during peak’’. 21 (g) TRANSPORTATION DEVELOPMENT CREDITS AS 22 LOCAL MATCH.— 23 (1) SECTION 5307.—Section 5307(d)(3) of title 24 49, United States Code, is amended— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 580 •HR 3684 IH (A) in subparagraph (D) by striking ‘‘; 1 and’’ and inserting a semicolon; 2 (B) in subparagraph (E) by striking the 3 period and inserting ‘‘; and’’; and 4 (C) by adding at the end the following: 5 ‘‘(F) transportation development credits.’’. 6 (2) SECTION 5309.—Section 5309 of title 49, 7 United States Code, is amended— 8 (A) in subsection (f) by adding at the end 9 the following: 10 ‘‘(3) TRANSPORTATION DEVELOPMENT CRED- 11 ITS.—For purposes of assessments and determina- 12 tions under this subsection or subsection (h), trans- 13 portation development credits that are included as a 14 source of local financing or match shall be treated 15 the same as other sources of local financing.’’; and 16 (B) in subsection (l)(4)— 17 (i) in subparagraph (B) by striking ‘‘; 18 or’’ and inserting a semicolon; 19 (ii) in subparagraph (C) by striking 20 the period and inserting a semicolon; and 21 (iii) by adding at the end the fol- 22 lowing: 23 ‘‘(D) transportation development credits; 24 or’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 581 •HR 3684 IH (3) SECTION 5339.—Section 5339(a)(7)(B) of 1 title 49, United States Code, is amended— 2 (A) in clause (iv) by striking ‘‘; or’’ and in- 3 serting a semicolon; 4 (B) in clause (v) by striking the period and 5 inserting ‘‘; or’’; and 6 (C) by adding at the end the following: 7 ‘‘(vi) transportation development cred- 8 its.’’. 9 (h) CLARIFICATION OF INCIDENTAL USE.—Section 10 5310(b)(7) of title 49, United States Code, is amended— 11 (1) in the header by inserting ‘‘AND INCI- 12 DENTAL USE’’ after ‘‘INDIVIDUALS’’; 13 (2) by inserting ‘‘or providing other incidental 14 services’’ after ‘‘individuals’’; and 15 (3) by striking ‘‘delivery service does not con- 16 flict’’ and inserting ‘‘service does not conflict’’. 17 SEC. 2105. POLICIES AND PURPOSES. 18 Section 5301(b) of title 49, United States Code, is 19 amended— 20 (1) in paragraph (7) by striking ‘‘; and’’ and in- 21 serting a semicolon; 22 (2) in paragraph (8) by striking the period and 23 inserting a semicolon; and 24 (3) by adding at the end the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 582 •HR 3684 IH ‘‘(9) reduce the contributions of the surface 1 transportation system to the total carbon pollution 2 of the United States; and 3 ‘‘(10) improve the resiliency of the public trans- 4 portation network to withstand weather events and 5 other natural disasters.’’. 6 SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS. 7 For fiscal years 2022 and 2023, the Secretary of 8 Transportation shall apportion and distribute formula 9 funds provided for under chapter 53 of title 49, United 10 States Code, using data submitted to the 2019 National 11 Transit Database. 12 SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 13 Section 5303 of title 49, United States Code, is fur- 14 ther amended— 15 (1) by amending subsection (a)(1) to read as 16 follows: 17 ‘‘(1) to encourage and promote the safe and ef- 18 ficient management, operation, and development of 19 surface transportation systems that will serve the 20 mobility needs of people and freight, foster economic 21 growth and development within and between States 22 and urbanized areas, and take into consideration re- 23 siliency and climate change adaptation needs while 24 reducing transportation-related fuel consumption, air 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 583 •HR 3684 IH pollution, and greenhouse gas emissions through 1 metropolitan and statewide transportation planning 2 processes identified in this chapter; and’’. 3 (2) in subsection (b)— 4 (A) by redesignating paragraphs (6) and 5 (7) as paragraphs (7) and (8), respectively; and 6 (B) by inserting after paragraph (5) the 7 following: 8 ‘‘(6) STIP.—The term ‘STIP’ means a state- 9 wide transportation improvement program developed 10 by a State under section 135(g).’’; 11 (3) in subsection (c)— 12 (A) in paragraph (1) by striking ‘‘and 13 transportation improvement programs’’ and in- 14 serting ‘‘and TIPs’’; and 15 (B) by adding at the end the following: 16 ‘‘(4) CONSIDERATION.—In developing the plans 17 and TIPs, metropolitan planning organizations shall 18 consider direct and indirect emissions of greenhouse 19 gases.’’; 20 (4) in subsection (d)— 21 (A) in paragraph (2) by striking ‘‘Not 22 later than 2 years after the date of enactment 23 of the Federal Public Transportation Act of 24 2012, each’’ and inserting ‘‘Each’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 584 •HR 3684 IH (B) in paragraph (3) by adding at the end 1 the following: 2 ‘‘(D) EQUITABLE AND PROPORTIONAL 3 REPRESENTATION.— 4 ‘‘(i) IN GENERAL.—In designating of- 5 ficials or representatives under paragraph 6 (2), the metropolitan planning organization 7 shall ensure the equitable and proportional 8 representation of the population of the 9 metropolitan planning area. 10 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 11 this paragraph shall require a metropolitan 12 planning organization in existence on the 13 date of enactment of this subparagraph to 14 be restructured. 15 ‘‘(iii) REDESIGNATION.—Notwith- 16 standing clause (ii), the requirements of 17 this paragraph shall apply to any metro- 18 politan planning organization redesignated 19 under paragraph (6).’’; 20 (C) in paragraph (6)(B) by striking ‘‘para- 21 graph (2)’’ and inserting ‘‘paragraphs (2) or 22 (3)(D)’’; and 23 (D) in paragraph (7)— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 585 •HR 3684 IH (i) by striking ‘‘an existing metropoli- 1 tan planning area’’ and inserting ‘‘an ur- 2 banized area’’; and 3 (ii) by striking ‘‘the existing metro- 4 politan planning area’’ and inserting ‘‘the 5 area’’; 6 (5) in subsection (g)— 7 (A) in paragraph (1) by striking ‘‘a metro- 8 politan area’’ and inserting ‘‘an urbanized 9 area’’; 10 (B) in paragraph (2) by striking ‘‘MPOS’’ 11 and inserting ‘‘METROPOLITAN PLANNING 12 AREAS’’ 13 (C) in paragraph (3)(A) by inserting 14 ‘‘emergency response and evacuation, climate 15 change adaptation and resilience,’’ after ‘‘dis- 16 aster risk reduction,’’; and 17 (D) by adding at the end the following: 18 ‘‘(4) COORDINATION BETWEEN MPOS.— 19 ‘‘(A) IN GENERAL.—If more than one met- 20 ropolitan planning organization is designated 21 within an urbanized area under subsection 22 (d)(7), the metropolitan planning organizations 23 designated within the area shall ensure, to the 24 maximum extent practicable, the consistency of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 586 •HR 3684 IH any data used in the planning process, includ- 1 ing information used in forecasting transpor- 2 tation demand. 3 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 4 paragraph requires metropolitan planning orga- 5 nizations designated within a single urbanized 6 area to jointly develop planning documents, in- 7 cluding a unified long-range transportation plan 8 or unified TIP.’’; 9 (6) in subsection (h)(1)— 10 (A) by striking subparagraph (E) and in- 11 serting the following: 12 ‘‘(E) protect and enhance the environment, 13 promote energy conservation, reduce greenhouse 14 gas emissions, improve the quality of life and 15 public health, and promote consistency between 16 transportation improvements and State and 17 local planned growth and economic development 18 patterns, including housing and land use pat- 19 terns;’’; 20 (B) in subparagraph (H) by striking 21 ‘‘and’’ at the end; 22 (C) in subparagraph (I) by striking the pe- 23 riod at the end and inserting ‘‘and reduce or 24 mitigate stormwater, sea level rise, extreme 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 587 •HR 3684 IH weather, and climate change impacts of surface 1 transportation;’’; and 2 (D) by inserting after subparagraph (I) the 3 following: 4 ‘‘(J) support emergency management, re- 5 sponse, and evacuation and hazard mitigation; 6 ‘‘(K) improve the level of transportation 7 system access; and 8 ‘‘(L) support inclusive zoning policies and 9 land use planning practices that incentivize af- 10 fordable, elastic, and diverse housing supply, fa- 11 cilitate long-term economic growth by improving 12 the accessibility of housing to jobs, and prevent 13 high housing costs from displacing economically 14 disadvantaged households.’’; 15 (7) in subsection (h)(2) by striking subpara- 16 graph (A) and inserting the following: 17 ‘‘(A) IN GENERAL.—Through the use of a 18 performance-based approach, transportation in- 19 vestment decisions made as a part of the metro- 20 politan transportation planning process shall 21 support the national goals described in section 22 150(b), the achievement of metropolitan and 23 statewide targets established under section 24 150(d), the improvement of transportation sys- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 588 •HR 3684 IH tem access (consistent with section 150(f)), and 1 the general purposes described in section 5301 2 of title 49.’’; 3 (8) in subsection (i)— 4 (A) in paragraph (2)(D)(i) by inserting 5 ‘‘reduce greenhouse gas emissions and’’ before 6 ‘‘restore and maintain’’; 7 (B) in paragraph (2)(G) by inserting ‘‘and 8 climate change’’ after ‘‘infrastructure to natural 9 disasters’’; 10 (C) in paragraph (2)(H) by inserting 11 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 12 (D) in paragraph (5)— 13 (i) in subparagraph (A) by inserting 14 ‘‘air quality, public health, housing, trans- 15 portation, resilience, hazard mitigation, 16 emergency management,’’ after ‘‘conserva- 17 tion,’’; and 18 (ii) by striking subparagraph (B) and 19 inserting the following: 20 ‘‘(B) ISSUES.—The consultation shall in- 21 volve, as appropriate, comparison of transpor- 22 tation plans to other relevant plans, including, 23 if available— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 589 •HR 3684 IH ‘‘(i) State conservation plans or maps; 1 and 2 ‘‘(ii) inventories of natural or historic 3 resources.’’; and 4 (E) by amending paragraph (6)(C) to read 5 as follows: 6 ‘‘(C) METHODS.— 7 ‘‘(i) IN GENERAL.—In carrying out 8 subparagraph (A), the metropolitan plan- 9 ning organization shall, to the maximum 10 extent practicable— 11 ‘‘(I) hold any public meetings at 12 convenient and accessible locations 13 and times; 14 ‘‘(II) employ visualization tech- 15 niques to describe plans; and 16 ‘‘(III) make public information 17 available in electronically accessible 18 format and means, such as the inter- 19 net, as appropriate to afford reason- 20 able opportunity for consideration of 21 public information under subpara- 22 graph (A). 23 ‘‘(ii) ADDITIONAL METHODS.—In ad- 24 dition to the methods described in clause 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 590 •HR 3684 IH (i), in carrying out subparagraph (A), the 1 metropolitan planning organization shall, 2 to the maximum extent practicable— 3 ‘‘(I) use virtual public involve- 4 ment, social media, and other web- 5 based tools to encourage public par- 6 ticipation and solicit public feedback; 7 and 8 ‘‘(II) use other methods, as ap- 9 propriate, to further encourage public 10 participation of historically underrep- 11 resented individuals in the transpor- 12 tation planning process.’’; 13 (9) in subsection (j) by striking ‘‘transportation 14 improvement program’’ and inserting ‘‘TIP’’ each 15 place it appears; and 16 (10) by striking ‘‘Federally’’ each place it ap- 17 pears and inserting ‘‘federally’’. 18 SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS- 19 PORTATION PLANNING. 20 Section 5304 of title 49, United States Code, is 21 amended— 22 (1) in subsection (a)— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 591 •HR 3684 IH (A) in paragraph (1) by striking ‘‘state- 1 wide transportation improvement program’’ and 2 inserting ‘‘STIP’’; 3 (B) in paragraph (2)— 4 (i) by striking ‘‘The statewide trans- 5 portation plan and the’’ and inserting the 6 following: 7 ‘‘(A) IN GENERAL.—The statewide trans- 8 portation plan and the’’; 9 (ii) by striking ‘‘transportation im- 10 provement program’’ and inserting 11 ‘‘STIP’’; and 12 (iii) by adding at the end the fol- 13 lowing: 14 ‘‘(B) CONSIDERATION.—In developing the 15 statewide transportation plans and STIPs, 16 States shall consider direct and indirect emis- 17 sions of greenhouse gases.’’; and 18 (C) in paragraph (3) by striking ‘‘trans- 19 portation improvement program’’ and inserting 20 ‘‘STIP’’; 21 (2) in subsection (d)— 22 (A) in paragraph (1)— 23 (i) in subparagraph (E)— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 592 •HR 3684 IH (I) by inserting ‘‘reduce green- 1 house gas emissions,’’ after ‘‘promote 2 energy conservation,’’; 3 (II) by inserting ‘‘and public 4 health’’ after ‘‘improve the quality of 5 life’’; and 6 (III) by inserting ‘‘, including 7 housing and land use patterns’’ after 8 ‘‘economic development patterns’’; 9 (ii) in subparagraph (H) by striking 10 ‘‘and’’; 11 (iii) in subparagraph (I) by striking 12 the period at the end and inserting ‘‘and 13 reduce or mitigate stormwater, sea level 14 rise, extreme weather, and climate change 15 impacts of surface transportation;’’; and 16 (iv) by adding at the end the fol- 17 lowing: 18 ‘‘(J) facilitate emergency management, re- 19 sponse, and evacuation and hazard mitigation; 20 ‘‘(K) improve the level of transportation 21 system access; and 22 ‘‘(L) support inclusive zoning policies and 23 land use planning practices that incentivize af- 24 fordable, elastic, and diverse housing supply, fa- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 593 •HR 3684 IH cilitate long-term economic growth by improving 1 the accessibility of housing to jobs, and prevent 2 high housing costs from displacing economically 3 disadvantaged households.’’; 4 (B) in paragraph (2)— 5 (i) by striking subparagraph (A) and 6 inserting the following: 7 ‘‘(A) IN GENERAL.—Through the use of a 8 performance-based approach, transportation in- 9 vestment decisions made as a part of the state- 10 wide transportation planning process shall sup- 11 port— 12 ‘‘(i) the national goals described in 13 section 150(b); 14 ‘‘(ii) the consideration of transpor- 15 tation system access (consistent with sec- 16 tion 150(f)); 17 ‘‘(iii) the achievement of statewide 18 targets established under section 150(d); 19 and 20 ‘‘(iv) the general purposes described 21 in section 5301 of title 49.’’; and 22 (ii) in subparagraph (D) by striking 23 ‘‘statewide transportation improvement 24 program’’ and inserting ‘‘STIP’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 594 •HR 3684 IH (C) in paragraph (3) by striking ‘‘state- 1 wide transportation improvement program’’ and 2 inserting ‘‘STIP’’; 3 (3) in subsection (e)(3) by striking ‘‘transpor- 4 tation improvement program’’ and inserting 5 ‘‘STIP’’; 6 (4) in subsection (f)— 7 (A) in paragraph (2)(D)— 8 (i) in clause (i) by inserting ‘‘air qual- 9 ity, public health, housing, transportation, 10 resilience, hazard mitigation, emergency 11 management,’’ after ‘‘conservation,’’; and 12 (ii) by amending clause (ii) to read as 13 follows: 14 ‘‘(ii) COMPARISON AND CONSIDER- 15 ATION.—Consultation under clause (i) 16 shall involve the comparison of transpor- 17 tation plans to other relevant plans and in- 18 ventories, including, if available— 19 ‘‘(I) State and tribal conservation 20 plans or maps; and 21 ‘‘(II) inventories of natural or 22 historic resources.’’; 23 (B) in paragraph (3)(B)— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 595 •HR 3684 IH (i) by striking ‘‘In carrying out’’ and 1 inserting the following: 2 ‘‘(i) IN GENERAL.—in carrying out’’; 3 (ii) by redesignating clauses (i) 4 through (iv) as subclauses (I) through 5 (IV), respectively; and 6 (iii) by adding at the end the fol- 7 lowing: 8 ‘‘(ii) ADDITIONAL METHODS.—In ad- 9 dition to the methods described in clause 10 (i), in carrying out subparagraph (A), the 11 State shall, to the maximum extent prac- 12 ticable— 13 ‘‘(I) use virtual public involve- 14 ment, social media, and other web- 15 based tools to encourage public par- 16 ticipation and solicit public feedback; 17 and 18 ‘‘(II) use other methods, as ap- 19 propriate, to further encourage public 20 participation of historically underrep- 21 resented individuals in the transpor- 22 tation planning process.’’; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 596 •HR 3684 IH (C) in paragraph (4)(A) by inserting ‘‘re- 1 duce greenhouse gas emissions and’’ after ‘‘po- 2 tential to’’; and 3 (D) in paragraph (8) by inserting ‘‘includ- 4 ing consideration of the role that intercity buses 5 may play in reducing congestion, pollution, 6 greenhouse gas emissions, and energy consump- 7 tion in a cost-effective manner and strategies 8 and investments that preserve and enhance 9 intercity bus systems, including systems that 10 are privately owned and operated’’ after ‘‘trans- 11 portation system’’; 12 (5) in subsection (g)— 13 (A) in paragraph (1)(A) by striking ‘‘state- 14 wide transportation improvement program’’ and 15 inserting ‘‘STIP’’; 16 (B) in paragraph (5)— 17 (i) in subparagraph (A) by striking 18 ‘‘transportation improvement program’’ 19 and inserting ‘‘STIP’’; 20 (ii) in subparagraph (B)(ii) by strik- 21 ing ‘‘metropolitan transportation improve- 22 ment program’’ and inserting ‘‘TIP’’; 23 (iii) in subparagraph (C) by striking 24 ‘‘transportation improvement program’’ 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 597 •HR 3684 IH and inserting ‘‘STIP’’ each place it ap- 1 pears; 2 (iv) in subparagraph (E) by striking 3 ‘‘transportation improvement program’’ 4 and inserting ‘‘STIP’’; 5 (v) in subparagraph (F)(i) by striking 6 ‘‘transportation improvement program’’ 7 and inserting ‘‘STIP’’ each place it ap- 8 pears; 9 (vi) in subparagraph (G)(ii) by strik- 10 ing ‘‘transportation improvement program’’ 11 and inserting ‘‘STIP’’; and 12 (vii) in subparagraph (H) by striking 13 ‘‘transportation improvement program’’ 14 and inserting ‘‘STIP’’; 15 (C) in paragraph (6)— 16 (i) in subparagraph (A)— 17 (I) by striking ‘‘transportation 18 improvement program’’ and inserting 19 ‘‘STIP’’; and 20 (II) by striking ‘‘and projects 21 carried out under the bridge program 22 or the Interstate maintenance pro- 23 gram under title 23’’; and 24 (ii) in subparagraph (B)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 598 •HR 3684 IH (I) by striking ‘‘or under the 1 bridge program or the Interstate 2 maintenance program’’; and 3 (II) by striking ‘‘statewide trans- 4 portation improvement program’’ and 5 inserting ‘‘STIP’’; 6 (D) in paragraph (7)— 7 (i) in the heading by striking ‘‘TRANS- 8 PORTATION IMPROVEMENT PROGRAM’’ and 9 inserting ‘‘STIP’’; and 10 (ii) by striking ‘‘transportation im- 11 provement program’’ and inserting 12 ‘‘STIP’’; 13 (E) in paragraph (8) by striking ‘‘state- 14 wide transportation plans and programs’’ and 15 inserting ‘‘statewide transportation plans and 16 STIPs’’; and 17 (F) in paragraph (9) by striking ‘‘trans- 18 portation improvement program’’ and inserting 19 ‘‘STIP’’; 20 (6) in subsection (h)(2)(A) by striking ‘‘Not 21 later than 5 years after the date of enactment of the 22 Federal Public Transportation Act of 2012,’’ and in- 23 serting ‘‘Not less frequently than once every 4 24 years,’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 599 •HR 3684 IH (7) in subsection (j) by striking ‘‘transportation 1 improvement program’’ and inserting ‘‘STIP’’ each 2 place it appears; and 3 (8) in subsection (l) by striking ‘‘transportation 4 improvement programs’’ and inserting ‘‘STIPs’’. 5 SEC. 2109. OBLIGATION LIMITATION. 6 Notwithstanding any other provision of law, the total 7 of all obligations from amounts made available from the 8 Mass Transit Account of the Highway Trust Fund by sub- 9 section (a) of section 5338 of title 49, United States Code, 10 shall not exceed— 11 (1) $17,894,460,367 for fiscal year 2023; 12 (2) $18,201,940,770 for fiscal year 2024; 13 (3) $18,551,676,708 for fiscal year 2025; and 14 (4) $18,901,573,693 for fiscal year 2026. 15 SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 16 FUNDS. 17 Section 5324 of title 49, United States Code, is fur- 18 ther amended by adding at the end the following: 19 ‘‘(g) IMPOSITION OF DEADLINE.— 20 ‘‘(1) IN GENERAL.—Notwithstanding any other 21 provision of law, the Secretary may not require any 22 project funded pursuant to this section to advance to 23 the construction obligation stage before the date 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 600 •HR 3684 IH that is the last day of the sixth fiscal year after the 1 later of— 2 ‘‘(A) the date on which the Governor de- 3 clared the emergency, as described in subsection 4 (a)(2); or 5 ‘‘(B) the date on which the President de- 6 clared a major disaster, as described in such 7 subsection. 8 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec- 9 retary imposes a deadline for advancement to the 10 construction obligation stage pursuant to paragraph 11 (1), the Secretary may, upon the request of the Gov- 12 ernor of the State, issue an extension of not more 13 than 1 year to complete such advancement, and may 14 issue additional extensions after the expiration of 15 any extension, if the Secretary determines the Gov- 16 ernor of the State has provided suitable justification 17 to warrant an extension.’’. 18 SEC. 2111. CERTIFICATION REQUIREMENTS. 19 The certification requirements described in section 20 661.12 of title 49, Code of Federal Regulations, shall, 21 after the date of enactment of this Act, include a certifi- 22 cation that buses or other rolling stock (including train 23 control, communication and traction power equipment) 24 being procured do not contain or use any covered tele- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 601 •HR 3684 IH communications equipment or services, as such term is de- 1 fined by section 889 of the John S. McCain National De- 2 fense Authorization Act for Fiscal Year 2019 (Public Law 3 115–232). 4 SEC. 2112. HOLD HARMLESS. 5 Notwithstanding any other provision of law, for fiscal 6 years 2021 and 2022, the Secretary of Transportation 7 shall allow project sponsors, at the request of such spon- 8 sor, to submit ridership and service data and projections 9 collected before January 20, 2020 and projections based 10 on that data to determine project eligibility under section 11 5309 of title 49, United States Code. 12 SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANS- 13 PORTATION. 14 (a) REPORT.—Not later than 1 year after the date 15 of enactment of this Act, the Secretary of Transportation 16 shall submit to Congress a report that includes— 17 (1) a description of the challenges faced by each 18 of the populations described in subsection (b) when 19 riding public transportation; and 20 (2) recommendations to improve the accessi- 21 bility of federally-funded public transportation for 22 the populations described in subsection (b). 23 (b) COVERED POPULATIONS.—The populations de- 24 scribed in subsection (a) shall be— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 602 •HR 3684 IH (1) pregnant women; and 1 (2) individuals living in areas of persistent pov- 2 erty, as such term is defined in section 172(l) of title 3 23, United States Code, as added by this Act, and 4 individuals that are unbanked or underbanked. 5 Subtitle B—Improving Frequency 6 and Ridership 7 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 8 RIDERSHIP COMPETITIVE GRANTS. 9 (a) IN GENERAL.—Chapter 53 of title 49, United 10 States Code, is amended by inserting after section 5307 11 the following new section: 12 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider- 13 ship competitive grants 14 ‘‘(a) IN GENERAL.—The Secretary shall make grants 15 under this section, on a competitive basis, to eligible re- 16 cipients to increase the frequency of bus service and the 17 ridership of public transit buses. 18 ‘‘(b) APPLICATIONS.—To be eligible for a grant 19 under this section, an eligible recipient shall submit to the 20 Secretary an application at such time, in such manner, 21 and containing such information as the Secretary may re- 22 quire. 23 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 24 after amounts are made available to carry out this section, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 603 •HR 3684 IH the Secretary shall solicit grant applications from eligible 1 recipients for projects described in subsection (d). 2 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 3 grant under this section shall use such grant for transpor- 4 tation capital projects that— 5 ‘‘(1) increase— 6 ‘‘(A) the frequency of bus service; 7 ‘‘(B) bus ridership; and 8 ‘‘(C) total person throughput; and 9 ‘‘(2) are consistent with, and as described in, 10 the design guidance issued by the National Associa- 11 tion of City Transportation Officials and titled 12 ‘Transit Street Design Guide’. 13 ‘‘(e) GRANT CRITERIA.—In making grants under this 14 section, the Secretary shall consider the following: 15 ‘‘(1) Each eligible recipient’s projected increase 16 in bus frequency. 17 ‘‘(2) Each eligible recipient’s projected increase 18 in bus ridership. 19 ‘‘(3) Each eligible recipient’s projected increase 20 in total person throughput. 21 ‘‘(4) The degree of regional collaboration de- 22 scribed in each eligible recipient’s application, in- 23 cluding collaboration with— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 604 •HR 3684 IH ‘‘(A) a local government entity that oper- 1 ates a public transportation service; 2 ‘‘(B) local government agencies that con- 3 trol street design; 4 ‘‘(C) metropolitan planning organizations 5 (as such term is defined in section 5303); and 6 ‘‘(D) State departments of transportation. 7 ‘‘(f) GRANT TIMING.—The Secretary shall award 8 grants under this section not later than 120 days after 9 the date on which the Secretary completes the solicitation 10 described in subsection (c). 11 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car- 12 rying out the program under this section, the Secretary 13 shall— 14 ‘‘(1) not later than the date described in sub- 15 section (c), publish in the Federal Register a list of 16 all metrics and evaluation procedures to be used in 17 making grants under this section; and 18 ‘‘(2) publish in the Federal Register— 19 ‘‘(A) a summary of the final metrics and 20 evaluations used in making grants under this 21 section; and 22 ‘‘(B) a list of the ratings of eligible recipi- 23 ents receiving a grant under this section based 24 on such metrics and evaluations. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 605 •HR 3684 IH ‘‘(h) FEDERAL SHARE.— 1 ‘‘(1) IN GENERAL.—The Federal share of the 2 cost of a project carried out under this section shall 3 not exceed 80 percent. 4 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 5 Secretary may make a grant for a project under this 6 section in an amount up to 150 percent of the 7 amount— 8 ‘‘(A) provided for such project under title 9 23; and 10 ‘‘(B) provided for such project from non- 11 Federal funds budgeted for roadways. 12 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 13 otherwise provided in this section, a grant under this sec- 14 tion shall be subject to the requirements of section 5307. 15 ‘‘(j) AVAILABILITY OF FUNDS.— 16 ‘‘(1) IN GENERAL.—Amounts made available to 17 carry out this section shall remain available for 4 18 fiscal years after the fiscal year for which the 19 amount was made available. 20 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi- 21 ration of the period described in paragraph (1) for 22 an amount made available to carry out this section, 23 any unobligated amounts made available to carry out 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 606 •HR 3684 IH this section shall be added to the amounts made 1 available for the following fiscal year. 2 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the 3 term ‘eligible recipient’ means a recipient of a grant under 4 section 5307 in an urbanized area with a population great- 5 er than 500,000.’’. 6 (b) CLERICAL AMENDMENT.—The analysis for chap- 7 ter 53 of title 49, United States Code, is amended by in- 8 serting after the item relating to section 5307 the fol- 9 lowing new item: 10 ‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR- 11 MULA. 12 Section 5336 of title 49, United States Code, is 13 amended— 14 (1) in subsection (b)— 15 (A) in paragraph (2)— 16 (i) in subparagraph (A)— 17 (I) in the matter preceding clause 18 (i) by striking ‘‘95.61 percent’’ and 19 inserting ‘‘95 percent’’; 20 (II) in clause (i) by striking 21 ‘‘95.61 percent’’ and inserting ‘‘95 22 percent’’; and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 607 •HR 3684 IH (III) in clause (ii) by striking 1 ‘‘95.61 percent’’ and inserting ‘‘95 2 percent’’; and 3 (ii) in subparagraph (B)— 4 (I) in the matter preceding clause 5 (i) by striking ‘‘4.39 percent’’ and in- 6 serting ‘‘5 percent’’; 7 (II) in clause (i)— 8 (aa) by inserting ‘‘in the 9 highest 25 percent of routes by 10 ridership’’ before ‘‘multiplied 11 by’’; and 12 (bb) by striking ‘‘vehicle 13 passenger miles traveled for each 14 dollar of operating cost in an 15 area’’ and inserting ‘‘vehicles op- 16 erating in peak revenue service 17 per hour in the highest 25 per- 18 cent of routes by ridership’’; and 19 (III) in clause (ii)— 20 (aa) by inserting ‘‘in the 21 highest 25 percent of routes by 22 ridership’’ before ‘‘multiplied 23 by’’; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 608 •HR 3684 IH (bb) by striking ‘‘vehicle 1 passenger miles traveled for each 2 dollar of operating cost in all 3 areas’’ and inserting ‘‘vehicles 4 operating in peak revenue service 5 per hour in the highest 25 per- 6 cent of routes by ridership’’; and 7 (B) by adding at the end the following: 8 ‘‘(3) SPECIAL RULE.—For fiscal years 2023 9 and 2024, the percentage— 10 ‘‘(A) in paragraph (2)(A) in the matter 11 preceding clause (i) shall be treated as 100 per- 12 cent; and 13 ‘‘(B) in paragraph (2)(B) in the matter 14 preceding clause (i) shall be treated as 0 per- 15 cent.’’; 16 (2) in subsection (c)— 17 (A) in paragraph (1) by striking ‘‘90.8 18 percent’’ and inserting ‘‘90 percent’’ each place 19 it appears; 20 (B) in paragraph (2)— 21 (i) by striking ‘‘9.2 percent’’ and in- 22 serting ‘‘8 percent’’; 23 (ii) by striking ‘‘200,000’’ and insert- 24 ing ‘‘500,000’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 609 •HR 3684 IH (iii) by striking subparagraph (A) and 1 inserting the following: 2 ‘‘(A) the number of bus passenger miles 3 traveled on the highest 25 percent of routes by 4 ridership multiplied by the number of buses op- 5 erating in peak revenue service per hour on the 6 highest 25 percent of routes by ridership; di- 7 vided by’’; and 8 (iv) by striking subparagraph (B) and 9 inserting the following: 10 ‘‘(B) the total number of bus passenger 11 miles traveled on the highest 25 percent of 12 routes by ridership multiplied by the total num- 13 ber of buses operating in peak revenue service 14 per hour on the highest 25 percent of routes by 15 ridership in all areas.’’; and 16 (C) by adding at the end the following: 17 ‘‘(3) Two percent of the total amount appor- 18 tioned under this subsection shall be apportioned so 19 that each urbanized area with a population of at 20 least 200,000 and less than 500,000 is entitled to 21 receive an amount using the formula in paragraph 22 (1). 23 ‘‘(4) For fiscal years 2023 and 2024, the per- 24 centage— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 610 •HR 3684 IH ‘‘(A) in paragraph (1) in the matter pre- 1 ceding subparagraph (A) shall be treated as 2 100 percent; 3 ‘‘(B) in paragraph (2) in the matter pre- 4 ceding subparagraph (A) shall be treated as 0 5 percent; and 6 ‘‘(C) in paragraph (3) shall be treated as 7 0 percent.’’; and 8 (3) by adding at the end the following: 9 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this 10 section, the term ‘peak revenue service’ means the time 11 period between the time in the morning that an agency 12 first exceeds the number of midday vehicles in revenue 13 service and the time in the evening that an agency falls 14 below the number of midday vehicles in revenue service.’’. 15 SEC. 2203. MOBILITY INNOVATION. 16 (a) IN GENERAL.—Chapter 53 of title 49, United 17 States Code, is amended by inserting after section 5315 18 the following new section: 19 ‘‘§ 5316. Mobility innovation 20 ‘‘(a) IN GENERAL.—Amounts made available to a 21 covered recipient to carry out sections 5307, 5310, and 22 5311 may be used by such covered recipient under this 23 section to assist in the financing of— 24 ‘‘(1) mobility as a service; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 611 •HR 3684 IH ‘‘(2) mobility on demand services. 1 ‘‘(b) FEDERAL SHARE.— 2 ‘‘(1) IN GENERAL.—Except as provided in para- 3 graphs (2) and (3), the Federal share of the net cost 4 of a project carried out under this section shall not 5 exceed 70 percent. 6 ‘‘(2) INSOURCING INCENTIVE.—Notwith- 7 standing paragraph (1), the Federal share of the net 8 cost of a project described in paragraph (1) shall, at 9 the request of the project sponsor, be increased by 10 up to 10 percent for mobility on demand service op- 11 erated exclusively by personnel employed by the re- 12 cipient. 13 ‘‘(3) ZERO EMISSION INCENTIVE.—Notwith- 14 standing paragraph (1), the Federal share of the net 15 cost of a project described in paragraph (1) shall, at 16 the request of the project sponsor, be increased by 17 up to 10 percent if such project involves an eligible 18 use that uses a vehicle that produces zero carbon di- 19 oxide or particulate matter. 20 ‘‘(c) ELIGIBLE USES.— 21 ‘‘(1) IN GENERAL.—The Secretary shall publish 22 guidance describing eligible activities that are dem- 23 onstrated to— 24 ‘‘(A) increase transit ridership; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 612 •HR 3684 IH ‘‘(B) be complementary to fixed route tran- 1 sit service; 2 ‘‘(C) demonstrate meaningful improve- 3 ments in— 4 ‘‘(i) environmental metrics, including 5 standards established pursuant to the 6 Clean Air Act (42 U.S.C. 7401 et seq.) 7 and greenhouse gas performance targets 8 established pursuant to section 150(d) of 9 title 23; 10 ‘‘(ii) traffic congestion; 11 ‘‘(iii) compliance with the require- 12 ments under the Americans with Disabil- 13 ities Act of 1990 (42 U.S.C. 12101 et 14 seq.); 15 ‘‘(iv) low-income service to increase 16 access to employment, healthcare, and 17 other essential services; 18 ‘‘(v) service during times of the day 19 when regular transit service is not oper- 20 ating, as long as regular transit service 21 hours are not reduced; 22 ‘‘(vi) new service that operates in 23 areas of lower density that are unserved or 24 underserved by regular transit service; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 613 •HR 3684 IH ‘‘(vii) rural service; and 1 ‘‘(viii) improvement in paratransit 2 service quality. 3 ‘‘(D) FARE COLLECTION MODERNIZA- 4 TION.—In developing guidance referred to in 5 this section, the Secretary shall ensure that— 6 ‘‘(i) all costs associated with install- 7 ing, modernizing, and managing fare col- 8 lection, including touchless payment sys- 9 tems, shall be considered eligible expenses 10 under this title and subject to the applica- 11 ble Federal share; and 12 ‘‘(ii) such guidance includes guidance 13 on how agencies shall provide unbanked 14 and underbanked users with an oppor- 15 tunity to benefit from mobility as a service 16 platforms. 17 ‘‘(2) PROHIBITION ON USE OF FUNDS.— 18 Amounts used by a covered recipient for projects eli- 19 gible under this section may not be used for— 20 ‘‘(A) single passenger vehicle miles (in a 21 passenger motor vehicle, as such term is de- 22 fined in section 32101, that carries less than 9 23 passengers), unless the trip— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 614 •HR 3684 IH ‘‘(i) meets the definition of public 1 transportation; and 2 ‘‘(ii) begins or completes a fixed route 3 public transportation trip; 4 ‘‘(B) deadhead vehicle miles; or 5 ‘‘(C) any service considered a taxi service 6 that operates under an exemption from testing 7 requirements under section 5331. 8 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried 9 out under this section shall be treated as if such project 10 were carried out under the section from which the funds 11 were provided to carry out such project, including the ap- 12 plication of any additional requirements provided for by 13 law that apply to section 5307, 5310, or 5311, as applica- 14 ble. 15 ‘‘(e) WAIVER.— 16 ‘‘(1) INDIVIDUAL WAIVER.—Except as provided 17 in paragraphs (2) and (3), the Secretary may waive 18 any requirement applied to a project carried out 19 under this section pursuant to subsection (d) if the 20 Secretary determines that the project would— 21 ‘‘(A) not undermine labor standards; 22 ‘‘(B) increase employment opportunities of 23 the recipient unless the Secretary determines 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 615 •HR 3684 IH that such a waiver does not affect employment 1 opportunities; and 2 ‘‘(C) be consistent with the public interest. 3 ‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 4 Secretary may not waive any requirement under 5 paragraph (1) for which a waiver is otherwise avail- 6 able. 7 ‘‘(3) PROHIBITION OF WAIVER.—Notwith- 8 standing paragraph (1), the Secretary may not 9 waive any requirement of— 10 ‘‘(A) section 5333; 11 ‘‘(B) section 5331; 12 ‘‘(C) section 5302(14); and 13 ‘‘(D) chapter 53 that establishes a max- 14 imum Federal share for operating costs. 15 ‘‘(4) APPLICATION OF SECTION 5320.—Notwith- 16 standing paragraphs (1) and (2), the Secretary may 17 only waive the requirements of section 5320 with re- 18 spect to— 19 ‘‘(A) a passenger vehicle owned by an indi- 20 vidual; 21 ‘‘(B) subsection (q) of such section for any 22 passenger vehicle not owned by an individual 23 for the period beginning on the date of enact- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 616 •HR 3684 IH ment of this section and ending 3 years after 1 such date; 2 ‘‘(C) any shared micromobility device for 3 the period beginning on the date of enactment 4 of this section and ending on the date that is 5 3 years after such date; and 6 ‘‘(D) rolling stock that is part of a dedi- 7 cated fleet of vehicles for the provision of micro- 8 transit that is operated by, or exclusively on be- 9 half of, the covered recipient for the period be- 10 ginning on the date of enactment of this section 11 and ending on the date that is 3 years after 12 such date. 13 ‘‘(5) LIMITATION.—A waiver issued under sub- 14 paragraphs (B), (C), or (D) of paragraph (4) may 15 only be issued on an individual project basis at the 16 request of the covered recipient and may not be re- 17 newed or extended beyond the initial 3-year period 18 of the waiver. 19 ‘‘(f) OPEN DATA STANDARDS.— 20 ‘‘(1) IN GENERAL.—Not later than 90 days 21 after the date of enactment of this section, the Sec- 22 retary shall initiate procedures under subchapter III 23 of chapter 5 of title 5 to develop an open data stand- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 617 •HR 3684 IH ard and an application programming interface nec- 1 essary to carry out this section. 2 ‘‘(2) REGULATIONS.—The regulations required 3 under paragraph (1) shall require public transpor- 4 tation agencies, mobility on demand providers, mo- 5 bility as a service technology providers, other non- 6 government actors, and local governments the effi- 7 cient means to transfer data to— 8 ‘‘(A) foster the efficient use of transpor- 9 tation capacity; 10 ‘‘(B) enhance the management of new 11 modes of mobility; 12 ‘‘(C) enable the use of innovative planning 13 tools; 14 ‘‘(D) enable single payment systems for all 15 mobility on demand services; 16 ‘‘(E) establish metropolitan planning orga- 17 nization, State, and local government access to 18 anonymized data for transportation planning, 19 real time operations data, and rules; 20 ‘‘(F) prohibit the transfer of personally 21 identifiable information; 22 ‘‘(G) protect confidential business informa- 23 tion; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 618 •HR 3684 IH ‘‘(H) enhance cybersecurity protections; 1 and 2 ‘‘(I) allow data governance, including but 3 not limited to licensing and terms of informa- 4 tion sharing, periodic risk assessments, policies 5 regarding data retention and information han- 6 dling policies, and anonymization techniques. 7 ‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 8 Any data received by an entity under this subsection 9 may not be sold, leased, or otherwise used to gen- 10 erate profit, except for the direct provision of the re- 11 lated mobility on demand services and mobility as a 12 service. 13 ‘‘(4) COMMITTEE.—A negotiated rulemaking 14 committee established pursuant to section 565 of 15 title 5 to carry out this subsection shall have a max- 16 imum of 17 members limited to representatives of 17 the Department of Transportation, State and local 18 governments, metropolitan planning organizations, 19 urban and rural covered recipients, associations that 20 represent public transit agencies, representatives 21 from at least 3 different organizations engaged in 22 collective bargaining on behalf of transit workers in 23 not fewer than 3 States, mobility on demand pro- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 619 •HR 3684 IH viders, and mobility as a service technology pro- 1 viders. 2 ‘‘(5) PUBLICATION OF PROPOSED REGULA- 3 TIONS.—Proposed regulations to implement this sec- 4 tion shall be published in the Federal Register by 5 the Secretary not later than 18 months after such 6 date of enactment. 7 ‘‘(6) EXTENSION OF DEADLINES.—A deadline 8 set forth in paragraph (4) may be extended up to 9 180 days if the negotiated rulemaking committee re- 10 ferred to in paragraph (5) concludes that the com- 11 mittee cannot meet the deadline and the Secretary 12 so notifies the Committee on Transportation and In- 13 frastructure of the House of Representatives and the 14 Committee on Banking, Housing, and Urban Affairs 15 of the Senate. 16 ‘‘(g) APPLICATION OF RECIPIENT VEHICLE REV- 17 ENUE MILES.—With respect to vehicle revenue miles with 18 one passenger of a covered recipient using amounts under 19 this section, such miles— 20 ‘‘(1) shall be included in the National Transit 21 Database under section 5335; and 22 ‘‘(2) shall be excluded from vehicle revenue 23 miles data used in the calculation described in sec- 24 tion 5336. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 620 •HR 3684 IH ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub- 1 section (g) shall not apply to any eligible activities under 2 this section if such activities are— 3 ‘‘(1) being carried out in compliance with the 4 Americans with Disabilities Act of 1990 (42 U.S.C. 5 12101 et seq.); or 6 ‘‘(2) projects eligible under section 5310 that 7 exceed the requirements of the Americans with Dis- 8 abilities Act of 1990 (42 U.S.C. 12101 et seq.). 9 ‘‘(i) DEFINITIONS.—In this section: 10 ‘‘(1) COVERED RECIPIENT.—The term ‘covered 11 recipient’ means a State or local government entity, 12 private nonprofit organization, or Tribe that— 13 ‘‘(A) operates a public transportation serv- 14 ice; and 15 ‘‘(B) is a recipient or subrecipient of funds 16 under section 5307, 5310, or 5311. 17 ‘‘(2) DEADHEAD VEHICLE MILES.—The term 18 ‘deadhead vehicle miles’ means the miles that a vehi- 19 cle travels when out of revenue service, including 20 leaving or returning to the garage or yard facility, 21 changing routes, when there is no expectation of car- 22 rying revenue passengers, and any miles traveled by 23 a private operator without a passenger. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 621 •HR 3684 IH ‘‘(3) MOBILITY AS A SERVICE.—The term ‘mo- 1 bility as a service’ means services that constitute the 2 integration of mobility on demand services and pub- 3 lic transportation that are available and accessible to 4 all travelers, provide multimodal trip planning, and 5 a unified payment system. 6 ‘‘(4) MOBILITY ON DEMAND.—The term ‘mobil- 7 ity on demand’ means an on-demand transportation 8 service shared among individuals, either concurrently 9 or one after another.’’. 10 (b) CLERICAL AMENDMENT.—The analysis for chap- 11 ter 53 of title 49, United States Code, is amended by in- 12 serting after the item relating to section 5315 the fol- 13 lowing new item: 14 ‘‘5316. Mobility innovation.’’. (c) EFFECTIVE DATE.—This section and the amend- 15 ments made by this section shall take effect on the date 16 on which the Secretary of Transportation has finalized 17 both— 18 (1) the guidance required under section 5316(c) 19 of title 49, United States Code; and 20 (2) the regulations required under section 21 5316(f) of title 49, United States Code. 22 (d) SAVINGS CLAUSE.—Nothing in this section, or 23 the amendments made by this section, shall prohibit the 24 use of funds for an eligible activity or pilot project of a 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 622 •HR 3684 IH covered recipient authorized under the law in effect on the 1 day before the date of enactment of this Act before the 2 effective date described in subsection (c). 3 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 4 Section 5311 of title 49, United States Code, is 5 amended— 6 (1) in subsection (b)— 7 (A) in paragraph (2) by adding at the end 8 the following: 9 ‘‘(D) CENSUS DESIGNATION.—The Sec- 10 retary may approve a State program that allo- 11 cates not more than 5 percent of such State’s 12 apportionment to assist rural areas that were 13 redesignated as urban areas not more than 2 14 fiscal years after the last census designation of 15 urbanized area boundaries.’’; and 16 (B) in paragraph (3) by striking ‘‘section 17 5338(a)(2)(F)’’ and inserting ‘‘section 18 5338(a)(2)(E)’’; 19 (2) in subsection (c)— 20 (A) in paragraph (1)— 21 (i) in the matter preceding subpara- 22 graph (A) by striking ‘‘section 23 5338(a)(2)(F)’’ and inserting ‘‘section 24 5338(a)(2)(E)’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 623 •HR 3684 IH (ii) in subparagraph (A) by striking 1 ‘‘$5,000,000’’ and inserting 2 ‘‘$10,000,000’’; and 3 (iii) in subparagraph (B) by striking 4 ‘‘$30,000,000’’ and inserting ‘‘the amount 5 remaining under section 5338(a)(2)(E)(i) 6 after the amount under subparagraph (A) 7 is distributed’’; 8 (B) in paragraph (2)(C) by striking ‘‘sec- 9 tion 5338(a)(2)(F)’’ and inserting ‘‘section 10 5338(a)(2)(E)’’; and 11 (C) in paragraph (3)— 12 (i) in subparagraph (A) by striking 13 ‘‘section 5338(a)(2)(F)’’ and inserting 14 ‘‘section 5338(a)(2)(E)’’; and 15 (ii) by striking subparagraphs (B) and 16 (C) and inserting the following: 17 ‘‘(B) LAND AREA.— 18 ‘‘(i) IN GENERAL.—Subject to clause 19 (ii), each State shall receive an amount 20 that is equal to 15 percent of the amount 21 apportioned under this paragraph, multi- 22 plied by the ratio of the land area in rural 23 areas in that State and divided by the land 24 area in all rural areas in the United 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 624 •HR 3684 IH States, as shown by the most recent decen- 1 nial census of population. 2 ‘‘(ii) MAXIMUM APPORTIONMENT.— 3 No State shall receive more than 5 percent 4 of the amount apportioned under clause 5 (i). 6 ‘‘(C) POPULATION.—Each State shall re- 7 ceive an amount equal to 50 percent of the 8 amount apportioned under this paragraph, mul- 9 tiplied by the ratio of the population of rural 10 areas in that State and divided by the popu- 11 lation of all rural areas in the United States, as 12 shown by the most recent decennial census of 13 population. 14 ‘‘(D) VEHICLE REVENUE MILES.— 15 ‘‘(i) IN GENERAL.—Subject to clause 16 (ii), each State shall receive an amount 17 that is equal to 25 percent of the amount 18 apportioned under this paragraph, multi- 19 plied by the ratio of vehicle revenue miles 20 in rural areas in that State and divided by 21 the vehicle revenue miles in all rural areas 22 in the United States, as determined by na- 23 tional transit database reporting. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 625 •HR 3684 IH ‘‘(ii) MAXIMUM APPORTIONMENT.— 1 No State shall receive more than 5 percent 2 of the amount apportioned under clause 3 (i). 4 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 5 State shall receive an amount that is equal to 6 10 percent of the amount apportioned under 7 this paragraph, multiplied by the ratio of low- 8 income individuals in rural areas in that State 9 and divided by the number of low-income indi- 10 viduals in all rural areas in the United States, 11 as shown by the Bureau of the Census.’’; 12 (3) in subsection (f)— 13 (A) in paragraph (1) by inserting ‘‘A State 14 may expend funds to continue service into an- 15 other State to extend a route.’’ before ‘‘Eligible 16 activities under’’; and 17 (B) in paragraph (2) by inserting ‘‘and 18 makes the certification and supporting docu- 19 ments publicly available’’ before the period at 20 the end; and 21 (4) in subsection (g) by adding at the end the 22 following: 23 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 626 •HR 3684 IH ‘‘(A) APPLICABLE REGULATIONS.—For 1 any funds provided by a department or agency 2 of the Government under paragraph (3)(D) or 3 by a service agreement under paragraph (3)(C), 4 and such department or agency has regulations 5 in place that provide for the valuation of volun- 6 teer hours as allowable in-kind contributions to- 7 ward the non-Federal share of project costs, 8 such regulations shall be used to determine the 9 allowable valuation of volunteer hours as an in- 10 kind contribution toward the non-Federal re- 11 mainder of net project costs for a transit 12 project funded under this section. 13 ‘‘(B) LIMITATIONS.—Subparagraph (A) 14 shall not apply to the provision of fixed-route 15 bus services funded under this section.’’. 16 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 17 Section 5310 of title 49, United States Code, is 18 amended by adding at the end the following: 19 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 20 ‘‘(1) IN GENERAL.—Not later than 6 months 21 after the date of enactment of this subsection, the 22 Secretary shall establish a one-stop paratransit com- 23 petitive grant program to encourage an extra stop in 24 non-fixed route Americans with Disabilities Act of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 627 •HR 3684 IH 1990 (42 U.S.C. 12101 et seq.) service for a para- 1 transit rider to complete essential tasks. 2 ‘‘(2) PREFERENCE.—The Secretary shall give 3 preference to eligible recipients that— 4 ‘‘(A) have comparable data for the year 5 prior to implementation of the grant program 6 and made available to the Secretary, academic 7 and nonprofit organizations for research pur- 8 poses; and 9 ‘‘(B) plan to use agency personnel to im- 10 plement the pilot program. 11 ‘‘(3) APPLICATION CRITERIA.—To be eligible to 12 participate in the grant program, an eligible recipi- 13 ent shall submit to the Secretary an application con- 14 taining such information as the Secretary may re- 15 quire, including information on— 16 ‘‘(A) locations the eligible entity intends to 17 allow a stop at, if stops are limited, including— 18 ‘‘(i) childcare or education facilities; 19 ‘‘(ii) pharmacies; 20 ‘‘(iii) grocery stores; and 21 ‘‘(iv) bank or ATM locations; 22 ‘‘(B) methodology for informing the public 23 of the grant program; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 628 •HR 3684 IH ‘‘(C) vehicles, personnel, and other re- 1 sources that will be used to implement the 2 grant program; 3 ‘‘(D) if the applicant does not intend the 4 grant program to apply to the full area under 5 the jurisdiction of the applicant, a description 6 of the geographic area in which the applicant 7 intends the grant program to apply; and 8 ‘‘(E) the anticipated amount of increased 9 operating costs. 10 ‘‘(4) SELECTION.—The Secretary shall seek to 11 achieve diversity of participants in the grant pro- 12 gram by selecting a range of eligible entities that in- 13 cludes at least— 14 ‘‘(A) 5 eligible recipients that serve an 15 area with a population of 50,000 to 200,000; 16 ‘‘(B) 10 eligible recipients that serve an 17 area with a population of over 200,000; and 18 ‘‘(C) 5 eligible recipients that provide 19 transportation for rural communities. 20 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re- 21 cipient in this subsection shall provide data as the 22 Secretary requires, which may include— 23 ‘‘(A) number of ADA paratransit trips 24 conducted each year; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 629 •HR 3684 IH ‘‘(B) requested time of each paratransit 1 trip; 2 ‘‘(C) scheduled time of each paratransit 3 trip; 4 ‘‘(D) actual pickup time for each para- 5 transit trip; 6 ‘‘(E) average length of a stop in the middle 7 of a ride as allowed by this subsection; 8 ‘‘(F) any complaints received by a para- 9 transit rider; 10 ‘‘(G) rider satisfaction with paratransit 11 services; and 12 ‘‘(H) after the completion of the grant, an 13 assessment by the eligible recipient of its capac- 14 ity to continue a one-stop program independ- 15 ently. 16 ‘‘(6) REPORT.— 17 ‘‘(A) IN GENERAL.—The Secretary shall 18 make publicly available an annual report on the 19 program carried out under this subsection for 20 each fiscal year, not later than December 31 of 21 the calendar year in which such fiscal year 22 ends. 23 ‘‘(B) CONTENTS.—The report required 24 under subparagraph (A) shall include a detailed 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 630 •HR 3684 IH description of the activities carried out under 1 the program, and an evaluation of the program, 2 including an evaluation of the data shared by 3 eligible recipients under paragraph (5).’’. 4 Subtitle C—Buy America and 5 Other Procurement Reforms 6 SEC. 2301. BUY AMERICA. 7 (a) BUY AMERICA.— 8 (1) IN GENERAL.—Chapter 53 of title 49, 9 United States Code, is amended by inserting before 10 section 5321 the following: 11 ‘‘§ 5320. Buy America 12 ‘‘(a) IN GENERAL.—The Secretary may obligate an 13 amount that may be appropriated to carry out this chapter 14 for a project only if the steel, iron, and manufactured 15 goods used in the project are produced in the United 16 States. 17 ‘‘(b) WAIVER.—The Secretary may waive subsection 18 (a) if the Secretary finds that— 19 ‘‘(1) applying subsection (a) would be incon- 20 sistent with the public interest; 21 ‘‘(2) the steel, iron, and goods produced in the 22 United States are not produced in a sufficient and 23 reasonably available amount or are not of a satisfac- 24 tory quality; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 631 •HR 3684 IH ‘‘(3) when procuring rolling stock (including 1 train control, communication, traction power equip- 2 ment, and rolling stock prototypes) under this chap- 3 ter— 4 ‘‘(A) the cost of components and sub- 5 components produced in the United States is 6 more than 70 percent of the cost of all compo- 7 nents of the rolling stock; and 8 ‘‘(B) final assembly of the rolling stock has 9 occurred in the United States; or 10 ‘‘(4) including domestic material will increase 11 the cost of the overall project by more than 25 per- 12 cent. 13 ‘‘(c) WRITTEN WAIVER DETERMINATION AND AN- 14 NUAL REPORT.— 15 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 16 days after the submission of a request for a waiver, 17 the Secretary shall make a determination under sub- 18 section (b)(1), (b)(2), or (b)(4) as to whether to 19 waive subsection (a). 20 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 21 ‘‘(A) IN GENERAL.—Not later than 30 22 days before making a determination regarding a 23 waiver described in paragraph (1), the Sec- 24 retary shall provide notification and an oppor- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 632 •HR 3684 IH tunity for public comment on the request for 1 such waiver. 2 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 3 notification required under subparagraph (A) 4 shall— 5 ‘‘(i) describe whether the application 6 is being made for a waiver described in 7 subsection (b)(1), (b)(2) or (b)(4); and 8 ‘‘(ii) be provided to the public by elec- 9 tronic means, including on a public website 10 of the Department of Transportation. 11 ‘‘(3) DETERMINATION.—Before a determination 12 described in paragraph (1) takes effect, the Sec- 13 retary shall publish a detailed justification for such 14 determination that addresses all public comments re- 15 ceived under paragraph (2)— 16 ‘‘(A) on the public website of the Depart- 17 ment of Transportation; and 18 ‘‘(B) if the Secretary issues a waiver with 19 respect to such determination, in the Federal 20 Register. 21 ‘‘(4) ANNUAL REPORT.—Annually, the Sec- 22 retary shall submit to the Committee on Banking, 23 Housing, and Urban Affairs of the Senate and the 24 Committee on Transportation and Infrastructure of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 633 •HR 3684 IH the House of Representatives a report listing any 1 waiver issued under paragraph (1) during the pre- 2 ceding year. 3 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 4 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 5 this section, highly skilled labor costs involved in 6 final assembly shall be included as a separate com- 7 ponent in the cost of components and subcompo- 8 nents under subsection (b)(3)(A). 9 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT 10 BONUS.—In this section, in calculating the domestic 11 content of the rolling stock under subsection 12 (b)(3)(A), the percent, rounded to the nearest whole 13 number, of the domestic content in components of 14 such rolling stock, weighted by cost, shall be used in 15 calculating the domestic content of the rolling stock, 16 except— 17 ‘‘(A) with respect to components that ex- 18 ceed— 19 ‘‘(i) 70 percent domestic content, the 20 Secretary shall add 10 additional percent 21 to the component’s domestic content when 22 calculating the domestic content of the 23 rolling stock; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 634 •HR 3684 IH ‘‘(ii) 75 percent domestic content, the 1 Secretary shall add 15 additional percent 2 to the component’s domestic content when 3 calculating the domestic content of the 4 rolling stock; and 5 ‘‘(B) in no case may a component exceed 6 100 percent domestic content when calculating 7 the domestic content of the rolling stock. 8 ‘‘(3) ROLLING STOCK FRAMES OR CAR 9 SHELLS.— 10 ‘‘(A) INCLUSION OF COSTS.—Subject to 11 the substantiation requirement of subparagraph 12 (B), in calculating the cost of the domestic con- 13 tent of the rolling stock under subsection 14 (b)(3), in the case of a rolling stock procure- 15 ment receiving assistance under this chapter in 16 which the average cost of a rolling stock vehicle 17 in the procurement is more than $300,000, if 18 rolling stock frames or car shells are not pro- 19 duced in the United States, the Secretary shall 20 include in the calculation of the domestic con- 21 tent of the rolling stock the cost of the steel or 22 iron that is produced in the United States and 23 used in the rolling stock frames or car shells. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 635 •HR 3684 IH ‘‘(B) SUBSTANTIATION.—If a rolling stock 1 vehicle manufacturer wishes to include in the 2 calculation of the vehicle’s domestic content the 3 cost of steel or iron produced in the United 4 States and used in the rolling stock frames and 5 car shells that are not produced in the United 6 States, the manufacturer shall maintain and 7 provide upon request a mill certification that 8 substantiates the origin of the steel or iron. 9 ‘‘(4) TREATMENT OF WAIVED COMPONENTS 10 AND SUBCOMPONENTS.—In this section, a compo- 11 nent or subcomponent waived under subsection (b) 12 shall be excluded from any part of the calculation re- 13 quired under subsection (b)(3)(A). 14 ‘‘(5) ZERO-EMISSION VEHICLE DOMESTIC BAT- 15 TERY CELL INCENTIVE.—The Secretary shall add 16 2.5 percent to the total domestic content when calcu- 17 lating the domestic content of the rolling stock for 18 any zero-emission vehicle that uses only battery cells 19 for propulsion that are manufactured domestically. 20 ‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 21 ‘‘(A) IN GENERAL.—No labor costs in- 22 cluded in the cost of a component or subcompo- 23 nent by the manufacturer of rolling stock may 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 636 •HR 3684 IH be treated as rolling stock assembly costs for 1 purposes of calculating domestic content. 2 ‘‘(B) VIOLATION.—A violation of this para- 3 graph shall be treated as a false claim under 4 subchapter III of chapter 37 of title 31. 5 ‘‘(7) DEFINITION OF HIGHLY SKILLED LABOR 6 COSTS.—In this subsection, the term ‘highly skilled 7 labor costs’— 8 ‘‘(A) means the apportioned value of direct 9 wage compensation associated with final assem- 10 bly activities of workers directly employed by a 11 rolling stock original equipment manufacturer 12 and directly associated with the final assembly 13 activities of a rolling stock vehicle that advance 14 the value or improve the condition of the end 15 product; 16 ‘‘(B) does not include any temporary or in- 17 direct activities or those hired via a third-party 18 contractor or subcontractor; 19 ‘‘(C) are limited to metalworking, fabrica- 20 tion, welding, electrical, engineering, and other 21 technical activities requiring training; 22 ‘‘(D) are not otherwise associated with ac- 23 tivities required under section 661.11 of title 24 49, Code of Federal Regulations; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 637 •HR 3684 IH ‘‘(E) includes only activities performed in 1 the United States and does not include that of 2 foreign nationals providing assistance at a 3 United States manufacturing facility. 4 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND 5 DISCLOSURE.— 6 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 7 the Secretary denies an application for a waiver 8 under subsection (b)(2), the Secretary shall provide 9 to the applicant a written certification that— 10 ‘‘(A) the steel, iron, or manufactured 11 goods, as applicable, (referred to in this para- 12 graph as the ‘item’) is produced in the United 13 States in a sufficient and reasonably available 14 amount; 15 ‘‘(B) the item produced in the United 16 States is of a satisfactory quality; and 17 ‘‘(C) includes a list of known manufactur- 18 ers in the United States from which the item 19 can be obtained. 20 ‘‘(2) DISCLOSURE.—The Secretary shall dis- 21 close the waiver denial and the written certification 22 to the public in the manner described in subsection 23 (c). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 638 •HR 3684 IH ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 1 make a waiver under subsection (b) for goods produced 2 in a foreign country if the Secretary, in consultation with 3 the United States Trade Representative, decides that the 4 government of that foreign country— 5 ‘‘(1) has an agreement with the United States 6 Government under which the Secretary has waived 7 the requirement of this section; and 8 ‘‘(2) has violated the agreement by discrimi- 9 nating against goods to which this section applies 10 that are produced in the United States and to which 11 the agreement applies. 12 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRE- 13 SENTATION.—A person is ineligible under subpart 9.4 of 14 the Federal Acquisition Regulation, or any successor 15 thereto, to receive a contract or subcontract made with 16 amounts authorized under title II of division B of the IN- 17 VEST in America Act if a court or department, agency, 18 or instrumentality of the Government decides the person 19 intentionally— 20 ‘‘(1) affixed a ‘Made in America’ label, or a 21 label with an inscription having the same meaning, 22 to goods sold in or shipped to the United States that 23 are used in a project to which this section applies 24 but not produced in the United States; or 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 639 •HR 3684 IH ‘‘(2) represented that goods described in para- 1 graph (1) were produced in the United States. 2 ‘‘(h) STATE REQUIREMENTS.—The Secretary may 3 not impose any limitation on assistance provided under 4 this chapter that restricts a State from imposing more 5 stringent requirements than this subsection on the use of 6 articles, materials, and supplies mined, produced, or man- 7 ufactured in foreign countries in projects carried out with 8 that assistance or restricts a recipient of that assistance 9 from complying with those State-imposed requirements. 10 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT 11 ERROR.—The Secretary may allow a manufacturer or 12 supplier of steel, iron, or manufactured goods to correct 13 after bid opening any certification of noncompliance or 14 failure to properly complete the certification (but not in- 15 cluding failure to sign the certification) under this sub- 16 section if such manufacturer or supplier attests under pen- 17 alty of perjury that such manufacturer or supplier sub- 18 mitted an incorrect certification as a result of an inad- 19 vertent or clerical error. The burden of establishing inad- 20 vertent or clerical error is on the manufacturer or supplier. 21 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely 22 affected by an agency action under this subsection shall 23 have the right to seek review under section 702 of title 24 5. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 640 •HR 3684 IH ‘‘(k) STEEL AND IRON.—For purposes of this section, 1 steel and iron meeting the requirements of section 2 661.5(b) of title 49, Code of Federal Regulations, may be 3 considered produced in the United States. 4 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For pur- 5 poses of determining whether a purchase qualifies for a 6 general public interest waiver under subsection (b)(1), in- 7 cluding under any regulation promulgated under such sub- 8 section, the term ‘small purchase’ means a purchase of 9 not more than $150,000. 10 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 11 ROLLING STOCK PURCHASES.— 12 ‘‘(1) IN GENERAL.—The Secretary shall pre- 13 scribe regulations requiring a preaward and 14 postdelivery certification of a rolling stock vehicle 15 that meets the requirements of this section and Gov- 16 ernment motor vehicle safety requirements to be eli- 17 gible for a grant under this chapter. For compliance 18 with this section— 19 ‘‘(A) Federal inspections and review are 20 required; 21 ‘‘(B) a manufacturer certification is not 22 sufficient; and 23 ‘‘(C) a rolling stock vehicle that has been 24 certified by the Secretary remains certified until 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 641 •HR 3684 IH the manufacturer makes a material change to 1 the vehicle, or adjusts the cost of all compo- 2 nents of the rolling stock, that reduces, by more 3 than half, the percentage of domestic content 4 above 70 percent. 5 ‘‘(2) CERTIFICATION OF PERCENTAGE.— 6 ‘‘(A) IN GENERAL.—The Secretary may, at 7 the request of a component or subcomponent 8 manufacturer, certify the percentage of domes- 9 tic content and place of manufacturing for a 10 component or subcomponent. 11 ‘‘(B) PERIOD OF CERTIFICATION.—Any 12 component or subcomponent certified by the 13 Secretary shall remain certified until the manu- 14 facturer makes a material change to the domes- 15 tic content or the place of manufacturing of 16 such component or subcomponent. 17 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car- 18 rying out this subsection, the Secretary shall apply 19 the provisions of section 552 of title 5, including 20 subsection (b)(4) of such section. 21 ‘‘(4) NONCOMPLIANCE.—The Secretary shall 22 prohibit recipients from procuring rolling stock, com- 23 ponents, or subcomponents from a supplier that in- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 642 •HR 3684 IH tentionally provides false information to comply with 1 this subsection. 2 ‘‘(n) SCOPE.—The requirements of this section apply 3 to all contracts for a public transportation project carried 4 out within the scope of the applicable finding, determina- 5 tion, or decision under the National Environmental Policy 6 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 7 funding source of such contracts, if at least one contract 8 for the public transportation project is funded with 9 amounts made available to carry out this chapter. 10 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary 11 shall ensure that all Federal funds for new commuter rail 12 projects shall comply with this section and shall not be 13 subject to section 22905(a). 14 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, 15 AND ABUSE.— 16 ‘‘(1) IN GENERAL.—The Inspector General of 17 the Department of Transportation shall conduct an 18 annual audit on certifications under subsection (m) 19 regarding compliance with Buy America. 20 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.— 21 The Secretary shall display a ‘Report Fraud, Waste, 22 and Abuse’ button and link to Department of Trans- 23 portation’s Office of Inspector General Hotline on 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 643 •HR 3684 IH the Federal Transit Administration’s Buy America 1 landing page. 2 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 3 shall require all recipients who enter into contracts 4 to purchase rolling stock with funds provided under 5 this chapter to include in such contract information 6 on how to contact the Department of Transpor- 7 tation’s Office of Inspector General Hotline to report 8 suspicions of fraud, waste, and abuse. 9 ‘‘(q) PASSENGER MOTOR VEHICLES.— 10 ‘‘(1) IN GENERAL.—Any domestically manufac- 11 tured passenger motor vehicle shall be considered to 12 be produced in the United States under this section. 13 ‘‘(2) DOMESTICALLY MANUFACTURED PAS- 14 SENGER MOTOR VEHICLE.—In this subsection, the 15 term ‘domestically manufactured passenger motor 16 vehicle’ means any passenger motor vehicle, as such 17 term is defined in section 32304(a) that— 18 ‘‘(A) has under section 32304(b)(1)(B) its 19 final assembly place in the United States; and 20 ‘‘(B) the percentage (by value) of pas- 21 senger motor equipment under section 22 32304(b)(1)(A) equals or exceeds 60 percent 23 value added. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 644 •HR 3684 IH ‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO- 1 NENTS.—No bus shell, railcar frame, or other component 2 or subcomponent that is primarily made of steel or iron 3 shall be treated as produced in the United States for pur- 4 poses of subsection (b)(3) or determined to be of domestic 5 origin under section 661.11 of title 49, Code of Federal 6 Regulations, if the material inputs of such component or 7 subcomponent were imported into the United States and 8 the processes performed in the United States on the im- 9 ported articles would not result in a change in the article’s 10 classification to chapter 86 or 87 of the Harmonized Tar- 11 iff Schedule of the United States from another chapter 12 or a new heading of any chapter from the heading under 13 which the article was classified upon entry. 14 ‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS 15 AS PRODUCED IN THE UNITED STATES.—Notwith- 16 standing any other provision of any law or any rule, regu- 17 lation, or policy of the Federal Transit Administration, 18 steel and iron components of a system, as defined in sec- 19 tion 661.3 of title 49, Code of Federal Regulations, and 20 of manufactured end products referred to in Appendix A 21 of such section, may not be considered to be produced in 22 the United States unless such components meet the re- 23 quirements of section 661.5(b) of title 49, Code of Federal 24 Regulations.’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 645 •HR 3684 IH (2) CLERICAL AMENDMENT.—The analysis for 1 chapter 53 of title 49, United States Code, is 2 amended by inserting before the item relating to sec- 3 tion 5321 the following: 4 ‘‘5320. Buy America.’’. (3) CONFORMING AMENDMENTS.— 5 (A) TECHNICAL ASSISTANCE AND WORK- 6 FORCE DEVELOPMENT.—Section 5314(a)(2)(G) 7 of title 49, United States Code, is amended by 8 striking ‘‘sections 5323(j) and 5323(m)’’ and 9 inserting ‘‘section 5320’’. 10 (B) URBANIZED AREA FORMULA 11 GRANTS.—Section 5307(c)(1)(E) of title 49, 12 United States Code, is amended by inserting ‘‘, 13 5320,’’ after ‘‘5323’’. 14 (C) INNOVATIVE PROCUREMENT.—Section 15 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 16 5325 note) is amended by striking ‘‘5323(j)’’ 17 and inserting ‘‘5320’’. 18 (b) BUS ROLLING STOCK.—Not later than 18 19 months after the date of enactment of this Act, the Sec- 20 retary of Transportation shall issue such regulations as 21 are necessary to revise Appendix B and Appendix D of 22 section 661.11 of title 49, Code of Federal Regulations, 23 with respect to bus rolling stock to maximize job creation 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 646 •HR 3684 IH and align such section with modern manufacturing tech- 1 niques. 2 (c) RAIL ROLLING STOCK.—Not later than 30 3 months after the date of enactment of this Act, the Sec- 4 retary shall issue such regulations as are necessary to re- 5 vise subsections (t), (u), and (v) of section 661.11 of title 6 49, Code of Federal Regulations, with respect to rail roll- 7 ing stock to maximize job creation and align such section 8 with modern manufacturing techniques. 9 (d) RULE OF APPLICABILITY.— 10 (1) IN GENERAL.—Except as otherwise pro- 11 vided in this subsection, the amendments made by 12 this section shall apply to any contract entered into 13 on or after the date of enactment of this Act. 14 (2) DELAYED APPLICABILITY OF CERTAIN PRO- 15 VISIONS.—Contracts described in paragraph (1) 16 shall be subject to the following delayed applicability 17 requirements: 18 (A) Section 5320(m)(2) shall apply to con- 19 tracts entered into on or after the date that is 20 30 days after the date of enactment of this Act. 21 (B) Notwithstanding subparagraph (A), 22 section 5320(m) shall apply to contracts for the 23 procurement of bus rolling stock beginning on 24 the earlier of— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 647 •HR 3684 IH (i) 180 days after the date on which 1 final regulations are issued pursuant to 2 subsection (b); or 3 (ii) the date that is 1 year after the 4 date of enactment of this Act. 5 (C) Notwithstanding subparagraph (A), 6 section 5320(m) shall apply to contracts for the 7 procurement of rail rolling stock beginning on 8 the earlier of— 9 (i) 180 days after the date on which 10 final regulations are issued pursuant to 11 subsection (c); or 12 (ii) the date that is 2 years after the 13 date of enactment of this Act. 14 (D) Section 5320(p)(1) shall apply on the 15 date that is 1 year after the latest of the appli- 16 cation dates described in subparagraphs (A) 17 through (C). 18 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 19 For any contract described in paragraph (1) for 20 which the delivery for the first production vehicle oc- 21 curs before October 1, 2024, paragraphs (1) and (4) 22 of section 5320(d) shall not apply. 23 (4) SPECIAL RULE FOR BATTERY CELL INCEN- 24 TIVES.—For any contract described in paragraph 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 648 •HR 3684 IH (1) for which the delivery for the first production ve- 1 hicle occurs before October 1, 2023, section 2 5320(d)(5) shall not apply. 3 (5) APPLICATION OF EXISTING LAW.—During 4 any periods described in this subsection, the Sec- 5 retary shall apply the requirements of sections 6 5323(j) and 5323(m) of title 49, United States 7 Code, as in effect on the day before the date of en- 8 actment of this Act, as applicable. 9 (e) SPECIAL RULE FOR DOMESTIC CONTENT.— 10 (1) IN GENERAL.—For the calculation of the 11 percent of domestic content calculated under section 12 5320(d)(2) for a contract for rolling stock entered 13 into on or after October 1, 2021— 14 (A) if the delivery of the first production 15 vehicle occurs in fiscal year 2023 or fiscal year 16 2024, for components that exceed 70 percent 17 domestic content, the Secretary shall add 20 18 additional percent to the component’s domestic 19 content; and 20 (B) if the delivery of the first production 21 vehicle occurs in fiscal year 2025 or fiscal year 22 2026— 23 (i) for components that exceed 70 per- 24 cent but do not exceed 75 percent domestic 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 649 •HR 3684 IH content, the Secretary shall add 15 addi- 1 tional percent to the component’s domestic 2 content; or 3 (ii) for components that exceed 75 4 percent domestic content, the Secretary 5 shall add 20 additional percent to the com- 6 ponent’s domestic content. 7 (2) CONTRACTS AFTER OCTOBER 1, 2021.—For 8 the calculation of the percent of domestic content 9 calculated under section 5320(d)(2) for a contract 10 for rolling stock entered into on or after October 1, 11 2021 for a vehicle described in section 12 5339(c)(1)(D), and notwithstanding subsection 13 (e)(1), if the delivery of the first production vehicle 14 occurs in fiscal year 2023 or 2024, for components 15 that exceed 70 percent domestic content, the Sec- 16 retary shall add 30 additional percent to the compo- 17 nent’s domestic content. 18 (3) BATTERY CELLS.—Paragraph (1) and para- 19 graph (2) of this subsection shall not apply to any 20 contract for rolling stock if the manufacturer of the 21 rolling stock or the manufacturer of the battery cells 22 used for propulsion of the rolling stock is an entity 23 described in 49 USC 5323(u)(1) and (u)(2). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 650 •HR 3684 IH SEC. 2302. BUS PROCUREMENT STREAMLINING. 1 Section 5323 of title 49, United States Code, as is 2 amended by adding at the end the following: 3 ‘‘(x) BUS PROCUREMENT STREAMLINING.— 4 ‘‘(1) IN GENERAL.—The Secretary may only ob- 5 ligate amounts for acquisition of buses under this 6 chapter to a recipient that issues a request for pro- 7 posals for an open market procurement that meets 8 the following criteria: 9 ‘‘(A) Such request for proposals is limited 10 to performance specifications, except for compo- 11 nents or subcomponents identified in the nego- 12 tiated rulemaking carried out pursuant to this 13 subsection. 14 ‘‘(B) Such request for proposals does not 15 seek any alternative design or manufacture 16 specification of a bus offered by a manufac- 17 turer, except to require a component or sub- 18 component identified in the negotiated rule- 19 making carried out pursuant to this subsection. 20 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED 21 RULEMAKING.— 22 ‘‘(A) INITIATION.—Not later than 120 23 days after the date of enactment of the IN- 24 VEST in America Act, the Secretary shall ini- 25 tiate procedures under subchapter III of chap- 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 651 •HR 3684 IH ter 5 of title 5 to negotiate and issue such regu- 1 lations as are necessary to establish as limited 2 a list as is practicable of bus components and 3 subcomponents described in subparagraph (B). 4 ‘‘(B) LIST OF COMPONENTS.—The regula- 5 tions required under subparagraph (A) shall es- 6 tablish a list of bus components and subcompo- 7 nents that may be specified in a request for 8 proposals described in paragraph (1) by a re- 9 cipient. The Secretary shall ensure the list is 10 limited in scope and limited to only components 11 and subcomponents that cannot be selected with 12 performance specifications to ensure interoper- 13 ability. 14 ‘‘(C) PUBLICATION OF PROPOSED REGULA- 15 TIONS.—Proposed regulations to implement this 16 section shall be published in the Federal Reg- 17 ister by the Secretary not later than 18 months 18 after such date of enactment. 19 ‘‘(D) COMMITTEE.—A negotiated rule- 20 making committee established pursuant to sec- 21 tion 565 of title 5 to carry out this paragraph 22 shall have a maximum of 11 members limited 23 to representatives of the Department of Trans- 24 portation, urban and rural recipients (including 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 652 •HR 3684 IH State government recipients), and transit vehi- 1 cle manufacturers. 2 ‘‘(E) EXTENSION OF DEADLINES.—A 3 deadline set forth in subparagraph (C) may be 4 extended up to 180 days if the negotiated rule- 5 making committee referred to in subparagraph 6 (D) concludes that the committee cannot meet 7 the deadline and the Secretary so notifies the 8 Committee on Transportation and Infrastruc- 9 ture of the House of Representatives and the 10 Committee on Banking, Housing, and Urban 11 Affairs of the Senate. 12 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 13 shall be construed to provide additional authority for 14 the Secretary to restrict what a bus manufacturer 15 offers to sell to a public transportation agency.’’. 16 SEC. 2303. BUS TESTING FACILITY. 17 Section 5318 of title 49, United States Code, is 18 amended by adding at the end the following: 19 ‘‘(f) TESTING SCHEDULE.—The Secretary shall— 20 ‘‘(1) determine eligibility of a bus manufactur- 21 er’s request for testing within 10 business days; and 22 ‘‘(2) make publicly available the current backlog 23 (in months) to begin testing a new bus at the bus 24 testing facility.’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 653 •HR 3684 IH SEC. 2304. REPAYMENT REQUIREMENT. 1 (a) IN GENERAL.—A transit agency shall repay into 2 the general fund of the Treasury any funds received from 3 the Federal Transit Administration under section 3401 of 4 the American Rescue Plan Act of 2021 (Public Law 117– 5 2) if the funds were used to award a contract or sub- 6 contract to an entity for the procurement of rolling stock 7 for use in public transportation if the manufacturer of the 8 rolling stock— 9 (1) is incorporated in or has manufacturing fa- 10 cilities in the United States; and 11 (2) is owned or controlled by, is a subsidiary of, 12 or is otherwise related legally or financially to a cor- 13 poration based in a country that— 14 (A) is identified as a nonmarket economy 15 country (as defined in section 771(18) of the 16 Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 17 the date of enactment of this subsection; 18 (B) was identified by the United States 19 Trade Representative in the most recent report 20 required by section 182 of the Trade Act of 21 1974 (19 U.S.C. 2242) as a priority foreign 22 country under subsection (a)(2) of that section; 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 654 •HR 3684 IH (C) is subject to monitoring by the Trade 1 Representative under section 306 of the Trade 2 Act of 1974 (19 U.S.C. 2416). 3 (b) CERTIFICATION.—Not later than 60 days after 4 the date of enactment of this section, a transit agency that 5 received funds pursuant to the laws specified in subsection 6 (a) shall certify that the agency has not and shall not use 7 such funds to purchase rolling stock described in sub- 8 section (a). 9 SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 10 A MAJOR DISASTER. 11 (a) IN GENERAL.—Section 5323 of title 49, United 12 States Code, is amended by adding at the end the fol- 13 lowing: 14 ‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS- 15 ASTER.— 16 ‘‘(1) DEFINED TERM.—In this subsection, the 17 term ‘decennial census date’ has the meaning given 18 the term in section 141(a) of title 13. 19 ‘‘(2) URBANIZED AREA MAJOR DISASTER POPU- 20 LATION CRITERIA.—Notwithstanding section 5302, 21 for purposes of this chapter, the Secretary shall 22 treat an area as an urbanized area for the period de- 23 scribed in paragraph (3) if— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 655 •HR 3684 IH ‘‘(A) a major disaster was declared by the 1 President under section 401 of the Robert T. 2 Stafford Disaster Relief and Emergency Assist- 3 ance Act (42 U.S.C. 5170) for the area during 4 the 3-year period preceding the decennial cen- 5 sus date for the 2010 decennial census or for 6 any subsequent decennial census; 7 ‘‘(B) the area was defined and designated 8 as an ‘urbanized area’ by the Secretary of Com- 9 merce in the decennial census immediately pre- 10 ceding the major disaster described in subpara- 11 graph (A); and 12 ‘‘(C) the population of the area fell below 13 50,000 as a result of the major disaster de- 14 scribed in subparagraph (A). 15 ‘‘(3) COVERED PERIOD.—The Secretary shall 16 treat an area as an urbanized area under paragraph 17 (2) during the period— 18 ‘‘(A) beginning on— 19 ‘‘(i) in the case of a major disaster de- 20 scribed in paragraph (2)(A) that occurred 21 during the 3-year period preceding the de- 22 cennial census date for the 2010 decennial 23 census, October 1 of the first fiscal year 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 656 •HR 3684 IH that begins after the date of enactment of 1 this subsection; or 2 ‘‘(ii) in the case of any other major 3 disaster described in paragraph (2)(A), Oc- 4 tober 1 of the first fiscal year— 5 ‘‘(I) that begins after the decen- 6 nial census date for the first decennial 7 census conducted after the major dis- 8 aster; and 9 ‘‘(II) for which the Secretary has 10 sufficient data from that census to de- 11 termine that the area qualifies for 12 treatment as an urbanized area under 13 paragraph (2); and 14 ‘‘(B) ending on the day before the first fis- 15 cal year— 16 ‘‘(i) that begins after the decennial 17 census date for the second decennial cen- 18 sus conducted after the major disaster de- 19 scribed in paragraph (2)(A); and 20 ‘‘(ii) for which the Secretary has suffi- 21 cient data from that census to determine 22 which areas are urbanized areas for pur- 23 poses of this chapter. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 657 •HR 3684 IH ‘‘(4) POPULATION CALCULATION.—An area 1 treated as an urbanized area under this subsection 2 shall be assigned the population and square miles of 3 the urbanized area designated by the Secretary of 4 Commerce in the most recent decennial census con- 5 ducted before the major disaster described in para- 6 graph (2)(A). 7 ‘‘(5) SAVINGS PROVISION.—Nothing in this sub- 8 section may be construed to affect apportionments 9 made under this chapter before the date of enact- 10 ment of this subsection.’’. 11 (b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 12 Notwithstanding section 1001, the amendment made by 13 subsection (a) shall take effect on the date of enactment 14 of this Act. 15 SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 16 PROCUREMENTS. 17 (a) CERTIFICATION.—Section 5323(u)(4) of title 49, 18 United States Code, is amended— 19 (1) in subparagraph (A) in the heading by 20 striking‘‘RAIL’’; and 21 (2) by adding at the end the following: 22 ‘‘(C) NONRAIL ROLLING STOCK.—Notwith- 23 standing subparagraph (B) of paragraph (5), as 24 a condition of financial assistance made avail- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 658 •HR 3684 IH able in a fiscal year under section 5339, a re- 1 cipient shall certify in that fiscal year that the 2 recipient will not award any contract or sub- 3 contract for the procurement of rolling stock for 4 use in public transportation with a rolling stock 5 manufacturer described in paragraph (1).’’. 6 (b) SPECIAL RULE.—Section 5323(u)(5)(A) of title 7 49, United States Code, (as redesignated by this Act) is 8 amended by striking ‘‘made by a public transportation 9 agency with a rail rolling stock manufacturer described in 10 paragraph (1)’’ and all that follows through the period at 11 the end and inserting ‘‘as of December 20, 2019, including 12 options and other requirements tied to these contracts or 13 subcontracts, made by a public transportation agency with 14 a restricted rail rolling stock manufacturer.’’. 15 SEC. 2307. SPARE RATIO WAIVER. 16 Section 5323 of title 49, United States Code, is fur- 17 ther amended by adding at the end the following: 18 ‘‘(z) SPARE RATIO WAIVER.—The Federal Transit 19 Administration shall waive spare ratio policies for rolling 20 stock found in FTA Grant Management Requirements 21 Circular 5010.1, FTA Circular 9030.1 providing Urban- 22 ized Area Formula Program guidance, and other guidance 23 documents for 2 years from the date of enactment of the 24 INVEST in America Act.’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 659 •HR 3684 IH Subtitle D—Bus Grant Reforms 1 SEC. 2401. FORMULA GRANTS FOR BUSES. 2 Section 5339(a) of title 49, United States Code, is 3 amended— 4 (1) in paragraph (1)— 5 (A) by inserting ‘‘and subsection (d)’’ after 6 ‘‘In this subsection’’; 7 (B) in subparagraph (A) by striking ‘‘term 8 ‘low or no emission vehicle’ has’’ and inserting 9 ‘‘term ‘zero emission vehicle’ has’’; 10 (C) in subparagraph (B) by inserting ‘‘and 11 the District of Columbia’’ after ‘‘United 12 States’’; and 13 (D) in subparagraph (C) by striking ‘‘the 14 District of Columbia,’’; 15 (2) in paragraph (2)(A) by striking ‘‘low or no 16 emission vehicles’’ and inserting ‘‘zero emission vehi- 17 cles’’; 18 (3) in paragraph (4)— 19 (A) in subparagraph (A) by inserting ‘‘and 20 subsection (d)’’ after ‘‘this subsection’’; and 21 (B) in subparagraph (B) by inserting ‘‘and 22 subsection (d)’’ after ‘‘this subsection’’; 23 (4) in paragraph (5)(A)— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 660 •HR 3684 IH (A) by striking ‘‘$90,500,000’’ and insert- 1 ing ‘‘$156,750,000’’; 2 (B) by striking ‘‘2016 through 2020’’ and 3 inserting ‘‘2023 through 2026’’; 4 (C) by striking ‘‘$1,750,000’’ and inserting 5 ‘‘$3,000,000’’; and 6 (D) by striking ‘‘$500,000’’ and inserting 7 ‘‘$750,000’’; 8 (5) in paragraph (7) by adding at the end the 9 following: 10 ‘‘(C) SPECIAL RULE FOR BUSES AND RE- 11 LATED EQUIPMENT FOR ZERO EMISSION VEHI- 12 CLES.—Notwithstanding subparagraph (A), a 13 grant for a capital project for buses and related 14 equipment for hybrid electric buses that make 15 meaningful reductions in energy consumption 16 and harmful emissions, including direct carbon 17 emissions, and zero emission vehicles under this 18 subsection shall be for 90 percent of the net 19 capital costs of the project. A recipient of a 20 grant under this subsection may provide addi- 21 tional local matching amounts.’’; 22 (6) in paragraph (8)— 23 (A) by striking ‘‘3 fiscal years’’ and insert- 24 ing ‘‘4 fiscal years’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 661 •HR 3684 IH (B) by striking ‘‘3-fiscal-year period’’ and 1 inserting ‘‘4-fiscal-year period’’; and 2 (7) by striking paragraph (9). 3 SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM- 4 PETITIVE GRANTS. 5 Section 5339(b) of title 49, United States Code, is 6 amended— 7 (1) in the heading by striking ‘‘BUSES AND 8 BUS FACILITIES COMPETITIVE GRANTS’’ and insert- 9 ing ‘‘BUS FACILITIES AND FLEET EXPANSION COM- 10 PETITIVE GRANTS’’; 11 (2) in paragraph (1)— 12 (A) by striking ‘‘buses and’’; 13 (B) by inserting ‘‘and certain buses’’ after 14 ‘‘capital projects’’; 15 (C) in subparagraph (A) by striking 16 ‘‘buses or related equipment’’ and inserting 17 ‘‘bus-related facilities’’; and 18 (D) by striking subparagraph (B) and in- 19 serting the following: 20 ‘‘(B) purchasing or leasing buses that will 21 not replace buses in the applicant’s fleet at the 22 time of application and will be used to— 23 ‘‘(i) increase the frequency of bus 24 service; or 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 662 •HR 3684 IH ‘‘(ii) increase the service area of the 1 applicant.’’; 2 (3) by striking paragraph (2) and inserting the 3 following: 4 ‘‘(2) GRANT CONSIDERATIONS.—In making 5 grants— 6 ‘‘(A) under subparagraph (1)(A), the Sec- 7 retary shall only consider— 8 ‘‘(i) the age and condition of bus-re- 9 lated facilities of the applicant compared to 10 all applicants and proposed improvements 11 to the resilience (as such term is defined in 12 section 5302) of such facilities; 13 ‘‘(ii) for a facility that, in whole or in 14 part, encroaches within the limits of a 15 flood-prone area, the extent to which the 16 facility is designed and constructed in a 17 way that takes into account, and mitigates 18 where appropriate, flood risk; and 19 ‘‘(iii) for a bus station, the degree of 20 multi-modal connections at such station; 21 and 22 ‘‘(B) under paragraph (1)(B), the Sec- 23 retary shall consider the improvements to head- 24 way and projected new ridership.’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 663 •HR 3684 IH (4) in paragraph (6) by striking subparagraph 1 (B) and inserting the following: 2 ‘‘(B) GOVERNMENT SHARE OF COSTS.— 3 ‘‘(i) IN GENERAL.—The Government 4 share of the cost of an eligible project car- 5 ried out under this subsection shall not ex- 6 ceed 80 percent. 7 ‘‘(ii) SPECIAL RULE FOR BUSES AND 8 RELATED EQUIPMENT FOR ZERO EMISSION 9 VEHICLES.—Notwithstanding clause (i), 10 the Government share of the cost of an eli- 11 gible project for the financing of buses and 12 related equipment for hybrid electric buses 13 that make meaningful reductions in energy 14 consumption and harmful emissions, in- 15 cluding direct carbon emissions, and zero 16 emission vehicles shall not exceed 90 per- 17 cent.’’. 18 SEC. 2403. ZERO EMISSION BUS GRANTS. 19 (a) IN GENERAL.—Section 5339(c) of title 49, 20 United States Code, is amended— 21 (1) in the heading by striking ‘‘LOW OR NO 22 EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION 23 GRANTS’’; 24 (2) in paragraph (1)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 664 •HR 3684 IH (A) in subparagraph (B)— 1 (i) in the matter preceding clause (i) 2 by striking ‘‘in an eligible area’’; 3 (ii) in clause (i) by striking ‘‘low or no 4 emission’’ and inserting ‘‘zero emission’’; 5 (iii) in clause (ii) by striking ‘‘low or 6 no emission’’ and inserting ‘‘zero emis- 7 sion’’; 8 (iv) in clause (iii) by striking ‘‘low or 9 no emission’’ and inserting ‘‘zero emis- 10 sion’’; 11 (v) in clause (iv) by striking ‘‘facilities 12 and related equipment for low or no emis- 13 sion’’ and inserting ‘‘related equipment for 14 zero emission’’; 15 (vi) in clause (v) by striking ‘‘facilities 16 and related equipment for low or no emis- 17 sion vehicles;’’ and inserting ‘‘related 18 equipment for zero emission vehicles; or’’; 19 (vii) in clause (vii) by striking ‘‘low or 20 no emission’’ and inserting ‘‘zero emis- 21 sion’’; 22 (viii) by striking clause (vi); and 23 (ix) by redesignating clause (vii) as 24 clause (vi); 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 665 •HR 3684 IH (B) by striking subparagraph (D) and in- 1 serting the following: 2 ‘‘(D) the term ‘zero emission bus’ means a 3 bus that is a zero emission vehicle;’’; 4 (C) by striking subparagraph (E) and in- 5 serting the following: 6 ‘‘(E) the term ‘zero emission vehicle’ 7 means a vehicle used to provide public transpor- 8 tation that produces no carbon dioxide or par- 9 ticulate matter;’’; 10 (D) in subparagraph (F) by striking ‘‘and’’ 11 at the end; 12 (E) by striking subparagraph (G) and in- 13 serting the following: 14 ‘‘(G) the term ‘priority area’ means an 15 area that is— 16 ‘‘(i) designated as a nonattainment 17 area for ozone or particulate matter under 18 section 107(d) of the Clean Air Act (42 19 U.S.C. 7407(d)); 20 ‘‘(ii) a maintenance area, as such 21 term is defined in section 5303, for ozone 22 or particulate matter; or 23 ‘‘(iii) in a State that has enacted a 24 statewide zero emission bus transition re- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 666 •HR 3684 IH quirement, as determined by the Secretary; 1 and’’; and 2 (F) by adding at the end the following: 3 ‘‘(H) the term ‘low-income community’ 4 means any population census tract if— 5 ‘‘(i) the poverty rate for such tract is 6 at least 20 percent; or 7 ‘‘(ii) in the case of a tract— 8 ‘‘(I) not located within a metro- 9 politan area, the median family in- 10 come for such tract does not exceed 11 80 percent of statewide median family 12 income; or 13 ‘‘(II) located within a metropoli- 14 tan area, the median family income 15 for such tract does not exceed 80 per- 16 cent of the greater statewide median 17 family income or the metropolitan 18 area median family income.’’; 19 (3) by striking paragraph (5) and inserting the 20 following: 21 ‘‘(5) GRANT ELIGIBILITY.—In awarding grants 22 under this subsection, the Secretary shall make 23 grants to eligible projects relating to the acquisition 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 667 •HR 3684 IH or leasing of equipment for zero-emission buses or 1 zero-emission buses— 2 ‘‘(A) that procure— 3 ‘‘(i) at least 10 zero emission buses; 4 ‘‘(ii) if the recipient operates less than 5 50 buses in peak service, at least 5 zero 6 emission buses; or 7 ‘‘(iii) hydrogen buses; 8 ‘‘(B) for which the recipient’s board of di- 9 rectors has approved a long-term integrated 10 fleet management plan that— 11 ‘‘(i) establishes— 12 ‘‘(I) a goal by a set date to con- 13 vert the entire bus fleet to zero emis- 14 sion buses; or 15 ‘‘(II) a goal that within 10 years 16 from the date of approval of such plan 17 the recipient will convert a set per- 18 centage of the total bus fleet of such 19 recipient to zero emission buses; and 20 ‘‘(ii) examines the impact of the tran- 21 sition on the applicant’s current workforce, 22 with a goal of identifying skills gaps, re- 23 training existing workers to operate and 24 maintain zero-emission vehicles and related 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 668 •HR 3684 IH infrastructure, and avoiding the displace- 1 ment of the existing workforce; and 2 ‘‘(C) for which the recipient has performed 3 a fleet transition study that includes optimal 4 route planning and an analysis of how utility 5 rates may impact the recipient’s operations and 6 maintenance budget.’’; and 7 (4) by adding at the end the following: 8 ‘‘(8) LOW AND MODERATE COMMUNITY 9 GRANTS.—Not less than 10 percent of the amounts 10 made available under this subsection in a fiscal year 11 shall be distributed to projects serving predomi- 12 nantly low-income communities. 13 ‘‘(9) PRIORITY SET-ASIDE.—Of the amounts 14 made available under this subsection in a fiscal year, 15 not less than— 16 ‘‘(A) 20 percent shall be distributed to ap- 17 plicants in priority areas; and 18 ‘‘(B) 10 percent shall be distributed to ap- 19 plicants not located in priority areas whose 20 board of directors have approved a long-term 21 integrated fleet management plan that estab- 22 lishes a goal to convert 100 percent of their bus 23 fleet to zero-emission buses within 15 years.’’. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 669 •HR 3684 IH (b) METROPOLITAN TRANSPORTATION PLANNING.— 1 Section 5303(b) of title 49, United States Code, is amend- 2 ed by adding at the end the following: 3 ‘‘(9) MAINTENANCE AREA.—The term ‘mainte- 4 nance area’ has the meaning given the term in sec- 5 tions 171(2) and 175A of the Clean Air Act (42 6 U.S.C. 7501(2); 7505a).’’. 7 SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR- 8 MULA SUBGRANT. 9 Section 5339 of title 49, United States Code, is 10 amended by adding at the end the following: 11 ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR 12 FORMULA SUBGRANT.— 13 ‘‘(1) GENERAL AUTHORITY.—The Secretary 14 may make grants under this subsection to assist eli- 15 gible recipients and subrecipients described in para- 16 graph (2) in financing capital projects to replace, re- 17 habilitate, and purchase buses and related equip- 18 ment. 19 ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI- 20 ENTS.—Not later than September 1 annually, the 21 Secretary shall make public a list of eligible recipi- 22 ents and subrecipients based on the most recent 23 data available in the National Transit Database to 24 calculate the 20 percent of eligible recipients and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 670 •HR 3684 IH subrecipients with the highest percentage of asset 1 vehicle miles for buses beyond the useful life bench- 2 mark established by the Federal Transit Administra- 3 tion. 4 ‘‘(3) URBAN APPORTIONMENTS.—Funds allo- 5 cated under section 5338(a)(2)(L)(ii) shall be— 6 ‘‘(A) distributed to— 7 ‘‘(i) designated recipients in an urban- 8 ized area with a population of more than 9 200,000 made eligible by paragraph (1); 10 and 11 ‘‘(ii) States based on subrecipients 12 made eligible by paragraph (1) in an ur- 13 banized area under 200,000; and 14 ‘‘(B) allocated pursuant to the formula set 15 forth in section 5336 other than subsection (b), 16 using the data from the 20 percent of eligible 17 recipients and subrecipients. 18 ‘‘(4) RURAL ALLOCATION.—The Secretary 19 shall— 20 ‘‘(A) calculate the percentage of funds 21 under section 5338(a)(2)(L)(ii) to allocate to 22 rural subrecipients by dividing— 23 ‘‘(i) the asset vehicle miles for buses 24 beyond the useful life benchmark (estab- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 671 •HR 3684 IH lished by the Federal Transit Administra- 1 tion) of the rural subrecipients described in 2 paragraph (2); by 3 ‘‘(ii) the total asset vehicle miles for 4 buses beyond such benchmark of all eligi- 5 ble recipients and subrecipients described 6 in paragraph (2); and 7 ‘‘(B) prior to the allocation described in 8 paragraph (3)(B), apportion to each State the 9 amount of the total rural allocation calculated 10 under subparagraph (A) attributable to such 11 State based the proportion that— 12 ‘‘(i) the asset vehicle miles for buses 13 beyond the useful life benchmark (estab- 14 lished by the Federal Transit Administra- 15 tion) for rural subrecipients described in 16 paragraph (2) in such State; bears to 17 ‘‘(ii) the total asset vehicle miles de- 18 scribed in subparagraph (A)(i). 19 ‘‘(5) APPLICATION OF OTHER PROVISIONS.— 20 Paragraphs (3), (7), and (8) of subsection (a) shall 21 apply to eligible recipients and subrecipients de- 22 scribed in paragraph (2) of a grant under this sub- 23 section. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 672 •HR 3684 IH ‘‘(6) PROHIBITION.—No eligible recipient or 1 subrecipient outside the top 5 percent of asset vehi- 2 cle miles for buses beyond the useful life benchmark 3 established by the Federal Transit Administration 4 may receive a grant in both fiscal year 2023 and fis- 5 cal year 2024. 6 ‘‘(7) REQUIREMENT.—The Secretary shall re- 7 quire— 8 ‘‘(A) States to expend, to the benefit of the 9 subrecipients eligible under paragraph (2), the 10 apportioned funds attributed to such subrecipi- 11 ents; and 12 ‘‘(B) designated recipients to provide the 13 allocated funds to the recipients eligible under 14 paragraph (2) the apportioned funds attributed 15 to such recipients.’’. 16 SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS. 17 Section 5339 of title 49, United States Code, is 18 amended by adding at the end the following: 19 ‘‘(e) WORKFORCE DEVELOPMENT TRAINING 20 GRANTS.— 21 ‘‘(1) IN GENERAL.—Not less than 12.5 percent 22 of funds authorized to be made available for sub- 23 section (c) shall be available to fund workforce devel- 24 opment training eligible under section 5314(b)(2) 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 673 •HR 3684 IH (including registered apprenticeships and other 1 labor-management training programs), related to op- 2 erations or maintenance of zero emission vehicles. 3 ‘‘(2) ELIGIBLE RECIPIENTS.—Recipients eligi- 4 ble under subsection (c) shall be eligible to receive 5 a grant under this subsection. 6 ‘‘(3) FEDERAL SHARE.—The Federal share of 7 the cost of an eligible project carried out under this 8 subsection shall be 100 percent.’’. 9 Subtitle E—Supporting All Riders 10 SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 11 Section 5336(j) of title 49, United States Code, is 12 amended— 13 (1) in paragraph (1) by striking ‘‘75 percent’’ 14 and inserting ‘‘50 percent’’; 15 (2) in paragraph (2) by striking ‘‘25 percent’’ 16 and inserting ‘‘12.5 percent’’; and 17 (3) by adding at the end the following: 18 ‘‘(3) 30 percent of the funds shall be appor- 19 tioned among designated recipients for urbanized 20 areas with a population of 200,000 or more in the 21 ratio that— 22 ‘‘(A) the number of individuals in each 23 such urbanized area residing in an urban cen- 24 sus tract with a poverty rate of at least 20 per- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 674 •HR 3684 IH cent during the 5 years most recently ending; 1 bears to 2 ‘‘(B) the number of individuals in all such 3 urbanized areas residing in an urban census 4 tract with a poverty rate of at least 20 percent 5 during the 5 years most recently ending; and 6 ‘‘(4) 7.5 percent of the funds shall be appor- 7 tioned among designated recipients for urbanized 8 areas with a population less than 200,000 in the 9 ratio that— 10 ‘‘(A) the number of individuals in each 11 such urbanized area residing in an urban cen- 12 sus tract with a poverty rate of at least 20 per- 13 cent during the 5 years most recently ending; 14 bears to 15 ‘‘(B) the number of individuals in all such 16 areas residing in an urban census tract with a 17 poverty rate of at least 20 percent during the 18 5 years most recently ending.’’. 19 SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 20 Section 5311 of title 49, United States Code, as 21 amended in section 2204, is further amended— 22 (1) in subsection (a) by adding at the end the 23 following: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 675 •HR 3684 IH ‘‘(3) PERSISTENT POVERTY COUNTY.—The 1 term ‘persistent poverty county’ means any county 2 with a poverty rate of at least 20 percent— 3 ‘‘(A) as determined in each of the 1990 4 and 2000 decennial censuses; 5 ‘‘(B) in the Small Area Income and Pov- 6 erty Estimates of the Bureau of the Census for 7 the most recent year for which the estimates 8 are available; and 9 ‘‘(C) has at least 25 percent of its popu- 10 lation in rural areas.’’; 11 (2) in subsection (b)(2)(C)(i) by inserting ‘‘and 12 persistent poverty counties’’ before the semicolon; 13 and 14 (3) in subsection (c) by striking paragraph (2) 15 and inserting the following: 16 ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR- 17 TATION ASSISTANCE PROGRAM.— 18 ‘‘(A) IN GENERAL.—The Secretary shall 19 carry out a public transportation assistance 20 program for areas of persistent poverty. 21 ‘‘(B) APPORTIONMENT.—Of amounts 22 made available or appropriated for each fiscal 23 year under section 5338(a)(2)(E)(ii) to carry 24 out this paragraph, the Secretary shall appor- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 676 •HR 3684 IH tion funds to recipients for service in, or di- 1 rectly benefitting, persistent poverty counties 2 for any eligible purpose under this section in 3 the ratio that— 4 ‘‘(i) the number of individuals in each 5 such rural area residing in a persistent 6 poverty county; bears to 7 ‘‘(ii) the number of individuals in all 8 such rural areas residing in a persistent 9 poverty county.’’. 10 SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE- 11 DUCED FARE TRANSIT. 12 Section 5312 of title 49, United States Code, is 13 amended by adding at the end the following: 14 ‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE- 15 DUCED FARE TRANSIT.— 16 ‘‘(1) IN GENERAL.—Not later than 300 days 17 after the date of enactment of the INVEST in 18 America Act, the Secretary shall award grants 19 (which shall be known as ‘Access to Jobs Grants’) 20 to eligible entities, on a competitive basis, to imple- 21 ment reduced fare transit service. 22 ‘‘(2) NOTICE.—Not later than 180 days after 23 the date of enactment of the INVEST in America 24 Act, the Secretary shall provide notice to eligible en- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 677 •HR 3684 IH tities of the availability of grants under paragraph 1 (1). 2 ‘‘(3) APPLICATION.—To be eligible to receive a 3 grant under this subsection, an eligible recipient 4 shall submit to the Secretary an application con- 5 taining such information as the Secretary may re- 6 quire, including, at a minimum, the following: 7 ‘‘(A) A description of how the eligible enti- 8 ty plans to implement reduced fare transit ac- 9 cess with respect to low-income individuals, in- 10 cluding any eligibility requirements for such 11 transit access. 12 ‘‘(B) A description of how the eligible enti- 13 ty will consult with local community stake- 14 holders, labor unions, local education agencies 15 and institutions of higher education, public 16 housing agencies, and workforce development 17 boards in the implementation of reduced fares. 18 ‘‘(C) A description of the eligible entity’s 19 current fare evasion enforcement policies, in- 20 cluding how the eligible entity plans to use the 21 reduced fare program to reduce fare evasion. 22 ‘‘(D) An estimate of additional costs to 23 such eligible entity as a result of reduced tran- 24 sit fares. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 678 •HR 3684 IH ‘‘(E) A plan for a public awareness cam- 1 paign of the transit agency’s ability to provide 2 reduced fares, including in foreign languages, 3 based on— 4 ‘‘(i) data from the Bureau of the Cen- 5 sus, consistent with the local area demo- 6 graphics where the transit agency operates, 7 including the languages that are most 8 prevalent and commonly requested for 9 translation services; or 10 ‘‘(ii) qualitative and quantitative ob- 11 servation from community service providers 12 including those that provide health and 13 mental health services, social services, 14 transportation, and other relevant social 15 services. 16 ‘‘(F) Projected impacts on ridership. 17 ‘‘(G) Projected benefits in closing transit 18 equity gaps. 19 ‘‘(4) GRANT DURATION.—Grants awarded 20 under this subsection shall be for a 2-year period. 21 ‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In 22 carrying out the program under this subsection, the 23 Secretary shall award not more than 20 percent of 24 grants to eligible entities located in rural areas. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 679 •HR 3684 IH ‘‘(6) USES OF FUNDS.—An eligible entity re- 1 ceiving a grant under this subsection shall use such 2 grant to implement a reduced fare transit program 3 and offset lost fare revenue. 4 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 5 this section shall be construed to limit the eligibility 6 of an applicant if a State, local, or Tribal govern- 7 mental entity provides reduced fare transportation to 8 low-income individuals. 9 ‘‘(8) DEFINITIONS.—In this subsection: 10 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi- 11 ble entity’ means a State, local, or Tribal gov- 12 ernmental entity that operates a public trans- 13 portation service and is a recipient or sub- 14 recipient of funds under this chapter. 15 ‘‘(B) LOW-INCOME INDIVIDUAL.—The 16 term ‘low-income individual’ means an indi- 17 vidual— 18 ‘‘(i) that has qualified for— 19 ‘‘(I) any program of medical as- 20 sistance under a State plan or under 21 a waiver of the plan under title XIX 22 of the Social Security Act (42 U.S.C. 23 1396 et seq.); 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 680 •HR 3684 IH ‘‘(II) supplemental nutrition as- 1 sistance program (SNAP) under the 2 Food and Nutrition Act of 2008 (7 3 U.S.C. 2011 et seq.); 4 ‘‘(III) the program of block 5 grants for States for temporary assist- 6 ance for needy families (TANF) es- 7 tablished under part A of title IV of 8 the Social Security Act (42 U.S.C. 9 601 et seq.); 10 ‘‘(IV) the free and reduced price 11 school lunch program established 12 under the Richard B. Russell National 13 School Lunch Act (42 U.S.C. 1751 et 14 seq.); 15 ‘‘(V) a housing voucher through 16 section 8(o) of the United States 17 Housing Act of 1937 (42 U.S.C. 18 1437f(o)); 19 ‘‘(VI) benefits under the Low-In- 20 come Home Energy Assistance Act of 21 1981; 22 ‘‘(VII) special supplemental food 23 program for women, infants and chil- 24 dren (WIC) under section 17 of the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 681 •HR 3684 IH Child Nutrition Act of 1966 (42 1 U.S.C. 1786); or 2 ‘‘(VIII) a Federal Pell Grant 3 under section 401 of the Higher Edu- 4 cation Act of 1965 (20 U.S.C. 5 1070a); or 6 ‘‘(ii) whose family income is at or 7 below a set percent (as determined by the 8 eligible recipient) of the poverty line (as 9 that term is defined in section 673(2) of 10 the Community Service Block Grant Act 11 (42 U.S.C. 9902(2)), including any revi- 12 sion required by that section) for a family 13 of the size involved. 14 ‘‘(9) REPORT.—The Secretary shall designate a 15 university transportation center under section 5505 16 to collaborate with the eligible entities receiving a 17 grant under this subsection to collect necessary data 18 to evaluate the effectiveness of meeting the targets 19 described in the application of such recipient, includ- 20 ing increased ridership, impacts on fare evasion, and 21 progress towards significantly closing transit equity 22 gaps.’’. 23 SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING. 24 (a) BEST PRACTICES.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 682 •HR 3684 IH (1) IN GENERAL.— 1 (A) ASSISTANCE TO PROVIDERS OF PUBLIC 2 TRANSIT.—Not later than 180 days after the 3 date of enactment of this Act, the Secretary of 4 Transportation shall issue nonbinding best 5 practices to assist providers of public transpor- 6 tation in setting the threshold for a major serv- 7 ice change as described in Circular 4702.1B of 8 the Federal Transit Administration. 9 (B) SPECIFIC PROVIDERS OF PUBLIC 10 TRANSIT.—For the purposes of this section, the 11 term ‘‘providers of public transportation’’ 12 means providers that operate 50 or more fixed 13 route vehicles in peak service and are located in 14 an urbanized area of 200,000 or more in popu- 15 lation. 16 (2) BEST PRACTICES.—In developing the best 17 practices described in paragraph (1), the Sec- 18 retary— 19 (A) shall issue specific recommendations 20 for setting the threshold of a major service 21 change, which shall include, at a minimum, rec- 22 ommendations related to— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 683 •HR 3684 IH (i) changes in hours of operations, in- 1 cluding consideration of changes during 2 nonpeak hours; 3 (ii) changes in the frequency of serv- 4 ice; 5 (iii) changes in coverage, including the 6 opening and closing of stations and stops 7 and the changing of routes; and 8 (iv) the use of route-specific analyses 9 in addition to service-area level analyses; 10 (B) shall recommend specific percentage 11 change standards for the elements described in 12 clauses (i), (ii), and (iii) of subparagraph (A) to 13 assist providers of public transportation in set- 14 ting the threshold for a major service change in 15 a manner that ensures meaningful analyses and 16 the provision of equitable service; and 17 (C) may issue different best practices for 18 providers of public transportation of different 19 sizes and service types. 20 (b) TRANSIT COOPERATIVE RESEARCH PROGRAM 21 REPORT.— 22 (1) REVIEW.—Not later than 3 years after the 23 issuance of the best practices described in subsection 24 (a), the Transit Cooperative Research Program of 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 684 •HR 3684 IH the National Academy of Sciences shall conduct a 1 review of the manner in which providers of public 2 transportation define the threshold for a major serv- 3 ice change for purposes of compliance with Circular 4 4702.1B of the Federal Transit Administration, in- 5 cluding— 6 (A) a survey of the standards used by pro- 7 viders of public transportation to define the 8 threshold for a major service change; 9 (B) a review of the differences in stand- 10 ards used to define the threshold for a major 11 service change for providers of public transpor- 12 tation of different sizes and service types; 13 (C) information on the considerations used 14 by providers of public transportation when de- 15 fining the threshold for a major service change; 16 and 17 (D) the extent to which providers of public 18 transportation are using the best practices de- 19 scribed in subsection (a). 20 (2) REPORT.—After the completion of the re- 21 view described in paragraph (1), the National Acad- 22 emy of Sciences shall issue a report on the findings 23 of the review and submit such report to the Com- 24 mittee on Transportation and Infrastructure of the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 685 •HR 3684 IH House of Representatives and the Committee on 1 Banking, Housing, and Urban Affairs of the Senate. 2 SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT. 3 (a) STUDY.—The Comptroller General of the United 4 States shall conduct a study on the provision of fare-free 5 transit service in the United States, including an assess- 6 ment of— 7 (1) the extent to which fare-free transit is avail- 8 able in the United States; and 9 (2) the potential impacts of fare-free transit, 10 which may include— 11 (A) increased transit ridership; 12 (B) improved access to transportation for 13 low-income riders and marginalized commu- 14 nities; 15 (C) improved access to jobs and services; 16 (D) enhanced equity of the surface trans- 17 portation system; 18 (E) reductions in disputes or law enforce- 19 ment actions related to transit fares; 20 (F) environmental impacts; 21 (G) safety considerations; and 22 (H) the challenges of replacing farebox 23 revenue. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 686 •HR 3684 IH (b) REPORT.—Not later than 1 year after the date 1 of the enactment of this Act, the Comptroller General shall 2 submit to the Committee on Transportation and Infra- 3 structure of the House of Representatives and the Com- 4 mittee on Banking, Housing, and Urban Affairs of the 5 Senate a report containing the results of the study con- 6 ducted under subsection (a). 7 Subtitle F—Supporting Frontline 8 Workers and Passenger Safety 9 SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 10 TRAINING CENTER. 11 Section 5314(b) of title 49, United States Code, is 12 amended— 13 (1) by striking paragraph (2) and inserting the 14 following: 15 ‘‘(2) NATIONAL TRANSIT FRONTLINE WORK- 16 FORCE TRAINING CENTER.— 17 ‘‘(A) ESTABLISHMENT.—The Secretary 18 shall establish a national transit frontline work- 19 force training center (hereinafter referred to as 20 the ‘Center’) and enter into a cooperative agree- 21 ment with a nonprofit organization with a dem- 22 onstrated capacity to develop and provide tran- 23 sit career pathway programs through labor- 24 management partnerships and registered ap- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 687 •HR 3684 IH prenticeships on a nationwide basis, in order to 1 carry out the duties under subparagraph (B). 2 The Center shall be dedicated to the needs of 3 the frontline transit workforce in both rural and 4 urban transit systems by providing training in 5 the maintenance and operations occupations 6 based on industry best practices. 7 ‘‘(B) DUTIES.— 8 ‘‘(i) IN GENERAL.—In cooperation 9 with the Administrator of the Federal 10 Transit Administration, public transpor- 11 tation authorities, and national entities, 12 the Center shall develop and conduct train- 13 ing and educational programs for frontline 14 local transportation employees of recipients 15 eligible for funds under this chapter. 16 ‘‘(ii) TRAINING AND EDUCATIONAL 17 PROGRAMS.—The training and educational 18 programs developed under clause (i) may 19 include courses in recent developments, 20 techniques, and procedures related to— 21 ‘‘(I) developing consensus na- 22 tional training standards, skills, com- 23 petencies, and recognized postsec- 24 ondary credentials in partnership with 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 688 •HR 3684 IH industry stakeholders for key frontline 1 transit occupations with demonstrated 2 skill gaps; 3 ‘‘(II) developing recommenda- 4 tions and best practices for cur- 5 riculum and recognized postsecondary 6 credentials, including related instruc- 7 tion and on-the-job learning for reg- 8 istered apprenticeship programs for 9 transit maintenance and operations 10 occupations; 11 ‘‘(III) building local, regional, 12 and statewide transit training part- 13 nerships to identify and address work- 14 force skill gaps and develop skills, 15 competencies, and recognized postsec- 16 ondary credentials needed for deliv- 17 ering quality transit service and sup- 18 porting employee career advancement; 19 ‘‘(IV) developing programs for 20 training of transit frontline workers, 21 instructors, mentors, and labor-man- 22 agement partnership representatives, 23 in the form of classroom, hands-on, 24 on-the-job, and web-based training, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 689 •HR 3684 IH delivered at a national center, region- 1 ally, or at individual transit agencies; 2 ‘‘(V) developing training pro- 3 grams for skills and competencies re- 4 lated to existing and emerging transit 5 technologies, including zero emission 6 buses; 7 ‘‘(VI) developing improved capac- 8 ity for safety, security, and emergency 9 preparedness in local transit systems 10 and in the industry as a whole 11 through— 12 ‘‘(aa) developing the role of 13 the transit frontline workforce in 14 building and sustaining safety 15 culture and safety systems in the 16 industry and in individual public 17 transportation systems; and 18 ‘‘(bb) training to address 19 transit frontline worker roles in 20 promoting health and safety for 21 transit workers and the riding 22 public; 23 ‘‘(VII) developing local transit 24 capacity for career pathways pro- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 690 •HR 3684 IH grams with schools and other commu- 1 nity organizations for recruiting and 2 training under-represented popu- 3 lations as successful transit employees 4 who can develop careers in the transit 5 industry; 6 ‘‘(VIII) in collaboration with the 7 Administrator of the Federal Transit 8 Administration, the Bureau of Labor 9 Statistics, the Employment and 10 Training Adminstration, and organi- 11 zations representing public transit 12 agencies, conducting and dissemi- 13 nating research to— 14 ‘‘(aa) provide transit work- 15 force job projections and identify 16 training needs and gaps; 17 ‘‘(bb) determine the most 18 cost-effective methods for transit 19 workforce training and develop- 20 ment, including return on invest- 21 ment analysis; 22 ‘‘(cc) identify the most effec- 23 tive methods for implementing 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 691 •HR 3684 IH successful safety systems and a 1 positive safety culture; and 2 ‘‘(dd) promote transit work- 3 force best practices for achieving 4 cost-effective, quality, safe, and 5 reliable public transportation 6 services; and 7 ‘‘(IX) providing culturally com- 8 petent training and educational pro- 9 grams to all who participate, regard- 10 less of gender, sexual orientation, or 11 gender identity, including those with 12 limited English proficiency, diverse 13 cultural and ethnic backgrounds, and 14 disabilities. 15 ‘‘(C) COORDINATION.—The Secretary shall 16 coordinate activities under this section, to the 17 maximum extent practicable, with the Employ- 18 ment and Training Administration, including 19 the National Office of Apprenticeship of the 20 Department of Labor and the Office of Career, 21 Technical, and Adult Education of the Depart- 22 ment of Education. 23 ‘‘(D) AVAILABILITY OF AMOUNTS.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 692 •HR 3684 IH ‘‘(i) IN GENERAL.—Not more than 1 1 percent of amounts made available to a re- 2 cipient under sections 5307, 5337, and 3 5339 and not more than 2 percent of 4 amounts made available to a recipient 5 under section 5311 is available for expend- 6 itures by the recipient, with the approval 7 of the Secretary, to pay not more than 80 8 percent of the cost of eligible activities 9 under this subsection. 10 ‘‘(ii) EXISTING PROGRAMS.—A recipi- 11 ent may use amounts made available under 12 clause (i) to carry out existing local edu- 13 cation and training programs for public 14 transportation employees supported by the 15 Secretary, the Department of Labor, or 16 the Department of Education. 17 ‘‘(iii) LIMITATION.—Any funds made 18 available under this section that are used 19 to fund an apprenticeship or apprentice- 20 ship program shall only be used for, or 21 provided to, a registered apprenticeship 22 program, including any funds awarded for 23 the purposes of grants, contracts, or coop- 24 erative agreements, or the development, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 693 •HR 3684 IH implementation, or administration, of an 1 apprenticeship or an apprenticeship pro- 2 gram. 3 ‘‘(E) DEFINITIONS.—In this paragraph: 4 ‘‘(i) CAREER PATHWAY.—The term 5 ‘career pathway’ has the meaning given 6 such term in section 3 of the Workforce 7 Innovation and Opportunity Act (29 8 U.S.C. 3102). 9 ‘‘(ii) RECOGNIZED POSTSECONDARY 10 CREDENTIAL.—The term ‘recognized post- 11 secondary credential’ has the meaning 12 given such term in section 3 of the Work- 13 force Innovation and Opportunity Act (29 14 U.S.C. 3102). 15 ‘‘(iii) REGISTERED APPRENTICESHIP 16 PROGRAM.—The term ‘registered appren- 17 ticeship program’ means an apprenticeship 18 program registered with the Department of 19 Labor or a Federally-recognized State Ap- 20 prenticeship Agency and that complies with 21 the requirements under parts 29 and 30 of 22 title 29, Code of Federal Regulations, as in 23 effect on January 1, 2019.’’; 24 (2) in paragraph (3) by striking ‘‘or (2)’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 694 •HR 3684 IH (3) by striking paragraph (4). 1 SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 2 Section 5329 of title 49, United States Code, is 3 amended— 4 (1) in subsection (b)(2)(C)(ii)— 5 (A) in subclause (I) by striking ‘‘and’’ at 6 the end; 7 (B) in subclause (II) by striking the semi- 8 colon and inserting ‘‘; and’’; and 9 (C) by adding at the end the following: 10 ‘‘(III) innovations in driver as- 11 sistance technologies and driver pro- 12 tection infrastructure where appro- 13 priate, and a reduction in visibility 14 impairments that contribute to pedes- 15 trian fatalities;’’; 16 (2) in subsection (b)(2)— 17 (A) by redesignating subparagraphs (D) 18 and (E) as subparagraphs (E) and (F), respec- 19 tively; and 20 (B) by adding at the end the following: 21 ‘‘(D) in consultation with the Secretary of 22 the Department of Health and Human Services, 23 precautionary and reactive actions required to 24 ensure public and personnel safety and health 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 695 •HR 3684 IH during an emergency as defined in section 1 5324.’’. 2 (3) in subsection (d)— 3 (A) in paragraph (1)— 4 (i) in subparagraph (A) by inserting 5 ‘‘the safety committee established under 6 paragraph (4), and subsequently,’’ before 7 ‘‘the board of directors’’; 8 (ii) in subparagraph (C) by striking 9 ‘‘public, personnel, and property’’ and in- 10 serting ‘‘public and personnel to injuries, 11 assaults, fatalities, and, consistent with 12 guidelines by the Centers for Disease Con- 13 trol and Prevention, infectious diseases, 14 and strategies to minimize the exposure of 15 property’’; 16 (iii) by striking subparagraph (G) and 17 inserting the following: 18 ‘‘(G) a comprehensive staff training pro- 19 gram for the operations and maintenance per- 20 sonnel and personnel directly responsible for 21 safety of the recipient that includes— 22 ‘‘(i) the completion of a safety train- 23 ing program; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 696 •HR 3684 IH ‘‘(ii) continuing safety education and 1 training; and 2 ‘‘(iii) de-escalation training; 3 ‘‘(H) a requirement that the safety com- 4 mittee only approve a safety plan under sub- 5 paragraph (A) if such plan stays within such 6 recipient’s fiscal budget; and 7 ‘‘(I) a risk reduction program for transit 8 operations to improve safety by reducing the 9 number and rates of accidents, injuries, and as- 10 saults on transit workers using data submitted 11 to the National Transit Database, including— 12 ‘‘(i) a reduction of vehicular and pe- 13 destrian accidents involving buses that in- 14 cludes measures to reduce visibility impair- 15 ments for bus operators that contribute to 16 accidents, including retrofits to buses in 17 revenue service and specifications for fu- 18 ture procurements that reduce visibility 19 impairments; and 20 ‘‘(ii) transit worker assault mitigation, 21 including the deployment of assault mitiga- 22 tion infrastructure and technology on 23 buses, including barriers to restrict the un- 24 wanted entry of individuals and objects 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 697 •HR 3684 IH into bus operators’ workstations when a re- 1 cipient’s risk analysis performed by the 2 safety committee established in paragraph 3 (4) determines that such barriers or other 4 measures would reduce assaults on and in- 5 juries to transit workers; and’’; and 6 (B) by adding at the end the following: 7 ‘‘(4) SAFETY COMMITTEE.—For purposes of the 8 approval process of an agency safety plan under 9 paragraph (1), the safety committee shall be con- 10 vened by a joint labor-management process and con- 11 sist of an equal number of— 12 ‘‘(A) frontline employee representatives, se- 13 lected by the labor organization representing 14 the plurality of the frontline workforce em- 15 ployed by the recipient or if applicable a con- 16 tractor to the recipient; and 17 ‘‘(B) employer or State representatives.’’; 18 and 19 (4) in subsection (e)(4)(A)(v) by inserting ‘‘, in- 20 spection,’’ after ‘‘has investigative’’. 21 SEC. 2603. INNOVATION WORKFORCE STANDARDS. 22 (a) PROHIBITION ON USE OF FUNDS.—No financial 23 assistance under chapter 53 of title 49, United States 24 Code, may be used for— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 698 •HR 3684 IH (1) an automated vehicle providing public trans- 1 portation unless— 2 (A) the recipient of such assistance that 3 proposes to deploy an automated vehicle pro- 4 viding public transportation certifies to the Sec- 5 retary of Transportation that the deployment 6 does not eliminate or reduce the frequency of 7 existing public transportation service; and 8 (B) the Secretary receives, approves, and 9 publishes the workforce development plan under 10 subsection (b) submitted by the eligible entity 11 when required by subsection (b)(1); and 12 (2) a mobility on demand service unless— 13 (A) the recipient of such assistance that 14 proposes to deploy a mobility on demand service 15 certifies to the Secretary that the service meets 16 the criteria under section 5307, 5310, 5311, 17 5312, or 5316 of title 49, United States Code; 18 and 19 (B) the Secretary receives, approves, and 20 publishes the workforce development plan under 21 subsection (b) submitted by the eligible entity 22 when required by subsection (b)(1). 23 (b) WORKFORCE DEVELOPMENT PLAN.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 699 •HR 3684 IH (1) IN GENERAL.—A recipient of financial as- 1 sistance under chapter 53 of title 49, United States 2 Code, proposing to deploy an automated vehicle pro- 3 viding public transportation or mobility on demand 4 service shall submit to the Secretary, prior to imple- 5 mentation of such service, a workforce development 6 plan if such service, combined with any other auto- 7 mated vehicle providing public transportation or mo- 8 bility on demand service offered by such recipient, 9 would exceed more than 0.5 percent of the recipi- 10 ent’s total annual transit passenger miles traveled. 11 (2) CONTENTS.—The workforce development 12 plan under subsection (a) shall include the following: 13 (A) A description of services offered by ex- 14 isting conventional modes of public transpor- 15 tation in the area served by the recipient that 16 could be affected by the proposed automated ve- 17 hicle providing public transportation or mobility 18 on demand service, including jobs and functions 19 of such jobs. 20 (B) A forecast of the number of jobs pro- 21 vided by existing conventional modes of public 22 transportation that would be eliminated or that 23 would be substantially changed and the number 24 of jobs expected to be created by the proposed 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 700 •HR 3684 IH automated vehicle providing public transpor- 1 tation or mobility on demand service over a 5- 2 year period from the date of the publication of 3 the workforce development plan. 4 (C) Identified gaps in skills needed to op- 5 erate and maintain the proposed automated ve- 6 hicle providing public transportation or mobility 7 on demand service. 8 (D) A comprehensive plan to transition, 9 train, or retrain employees that could be af- 10 fected by the proposed automated vehicle pro- 11 viding public transportation or mobility on de- 12 mand service. 13 (E) An estimated budget to transition, 14 train, or retrain employees impacted by the pro- 15 posed automated vehicle providing public trans- 16 portation or mobility on demand service over a 17 5-year period from the date of the publication 18 of the workforce development plan. 19 (c) NOTICE REQUIRED.— 20 (1) IN GENERAL.—A recipient of financial as- 21 sistance under chapter 53 of title 49, United States 22 Code, shall issue a notice to employees who, due to 23 the use of an automated vehicle providing public 24 transportation or mobility on demand service, may 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 701 •HR 3684 IH be subjected to a loss of employment or a change in 1 responsibilities not later than 60 days before signing 2 a contract for such service or procurement. A recipi- 3 ent shall provide employees copies of a request for 4 a proposal related to an automated vehicle providing 5 public transportation or mobility on demand services 6 at the time such request is issued. 7 (2) CONTENT.—The notice required in para- 8 graph (1) shall include the following: 9 (A) A description of the automated vehicle 10 providing public transportation or mobility on 11 demand service. 12 (B) The impact of the automated vehicle 13 providing public transportation or mobility on 14 demand service on employment positions, in- 15 cluding a description of which employment posi- 16 tions will be affected and whether any new posi- 17 tions will be created. 18 (d) DEFINITIONS.—In this section: 19 (1) AUTOMATED VEHICLE.—The term ‘‘auto- 20 mated vehicle’’ means a motor vehicle that— 21 (A) is capable of performing the entire 22 task of driving (including steering, accelerating 23 and decelerating, and reacting to external stim- 24 ulus) without human intervention; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 702 •HR 3684 IH (B) is designed to be operated exclusively 1 by a Level 4 or Level 5 automated driving sys- 2 tem for all trips according to the recommended 3 practice standards published on June 15, 2018, 4 by the Society of Automotive Engineers Inter- 5 national (J3016l201806) or equivalent stand- 6 ards adopted by the Secretary with respect to 7 automated motor vehicles. 8 (2) MOBILITY ON DEMAND.—The term ‘‘mobil- 9 ity on demand’’ has the meaning given such term in 10 section 5316 of title 49, United States Code. 11 (3) PUBLIC TRANSPORTATION.—The term 12 ‘‘public transportation’’ has the meaning given such 13 term in section 5302 of title 49, United States Code. 14 (e) SAVINGS CLAUSE.—Nothing in this section shall 15 prohibit the use of funds for an eligible activity or pilot 16 project of a covered recipient authorized under current law 17 prior to the date of enactment of this Act. 18 SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET 19 ASIDES. 20 Section 5329(d)(2) of title 49, United States Code, 21 is amended to read as follows: 22 ‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS- 23 URES.— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 703 •HR 3684 IH ‘‘(A) IN GENERAL.—The safety committee 1 described in paragraph (4) shall establish per- 2 formance measures for the risk reduction pro- 3 gram in paragraph (1)(I) using a 3-year rolling 4 average of the data submitted by the recipient 5 to the National Transit Database. 6 ‘‘(B) SAFETY SET ASIDE.—With respect to 7 a recipient serving an urbanized area that re- 8 ceives funds under section 5307, such recipient 9 shall allocate not less than 0.75 percent of such 10 funds to projects eligible under section 5307. 11 ‘‘(C) FAILURE TO MEET PERFORMANCE 12 MEASURES.—Any recipient that receives funds 13 under section 5307 that does not meet the per- 14 formance measures established in subparagraph 15 (A) shall allocate the amount made available in 16 subparagraph (B) in the following fiscal year to 17 projects described in subparagraph (D). 18 ‘‘(D) ELIGIBLE PROJECTS.—Funds set 19 aside under this paragraph shall be used for 20 projects that are reasonably likely to meet the 21 performance measures established in subpara- 22 graph (A), including modifications to rolling 23 stock and de-escalation training.’’. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 704 •HR 3684 IH SEC. 2605. U.S. EMPLOYMENT PLAN. 1 (a) IN GENERAL.—Chapter 53 of title 49, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘§ 5341. U.S. Employment Plan 5 ‘‘(a) DEFINITIONS.—In this section: 6 ‘‘(1) COMMITMENT TO HIGH-QUALITY CAREER 7 AND BUSINESS OPPORTUNITIES.—The term ‘com- 8 mitment to high-quality career and business oppor- 9 tunities’ means participation in a registered appren- 10 ticeship program. 11 ‘‘(2) COVERED INFRASTRUCTURE PROGRAM.— 12 The term ‘covered infrastructure program’ means 13 any activity under program or project under this 14 chapter for the purchase or acquisition of rolling 15 stock. 16 ‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. 17 Employment Plan’ means a plan under which an en- 18 tity receiving Federal assistance for a project under 19 a covered infrastructure program shall— 20 ‘‘(A) include in a request for proposal an 21 encouragement for bidders to include, with re- 22 spect to the project— 23 ‘‘(i) high-quality wage, benefit, and 24 training commitments by the bidder and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 705 •HR 3684 IH the supply chain of the bidder for the 1 project; and 2 ‘‘(ii) a commitment to recruit and hire 3 individuals described in subsection (e) if 4 the project results in the hiring of employ- 5 ees not currently or previously employed by 6 the bidder and the supply chain of the bid- 7 der for the project; 8 ‘‘(B) give preference for the award of the 9 contract to a bidder that includes the commit- 10 ments described in clauses (i) and (ii) of sub- 11 paragraph (A); and 12 ‘‘(C) ensure that each bidder that includes 13 the commitments described in clauses (i) and 14 (ii) of subparagraph (A) that is awarded a con- 15 tract complies with those commitments. 16 ‘‘(4) REGISTERED APPRENTICESHIP PRO- 17 GRAM.—The term ‘registered apprenticeship pro- 18 gram’ means an apprenticeship program registered 19 under the Act of August 16, 1937 (commonly known 20 as the ‘National Apprenticeship Act’; 50 Stat. 664, 21 chapter 663; 29 U.S.C. 50 et seq.), including any re- 22 quirement, standard, or rule promulgated under 23 such Act, as such requirement, standard, or rule was 24 in effect on December 30, 2019. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 706 •HR 3684 IH ‘‘(b) BEST-VALUE FRAMEWORK.—To the maximum 1 extent practicable, a recipient of assistance under a cov- 2 ered infrastructure program is encouraged— 3 ‘‘(1) to ensure that each dollar invested in in- 4 frastructure uses a best-value contracting framework 5 to maximize the local value of federally funded con- 6 tracts by evaluating bids on price and other tech- 7 nical criteria prioritized in the bid, such as— 8 ‘‘(A) equity; 9 ‘‘(B) environmental and climate justice; 10 ‘‘(C) impact on greenhouse gas emissions; 11 ‘‘(D) resilience; 12 ‘‘(E) the results of a 40-year life-cycle 13 analysis; 14 ‘‘(F) safety; 15 ‘‘(G) commitment to creating or sustaining 16 high-quality job opportunities affiliated with 17 registered apprenticeship programs (as defined 18 in subsection (a)(3)) for disadvantaged or 19 underrepresented individuals in infrastructure 20 industries in the United States; and 21 ‘‘(H) access to jobs and essential services 22 by all modes of travel for all users, including in- 23 dividuals with disabilities; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 707 •HR 3684 IH ‘‘(2) to ensure community engagement, trans- 1 parency, and accountability in carrying out each 2 stage of the project. 3 ‘‘(c) PREFERENCE FOR REGISTERED APPRENTICE- 4 SHIP PROGRAMS.—To the maximum extent practicable, a 5 recipient of assistance under a covered infrastructure pro- 6 gram, with respect to the project for which the assistance 7 is received, shall give preference to a bidder that dem- 8 onstrates a commitment to high-quality job opportunities 9 affiliated with registered apprenticeship programs. 10 ‘‘(d) USE OF U.S. EMPLOYMENT PLAN.—Notwith- 11 standing any other provision of law, in carrying out a 12 project under a covered infrastructure program that re- 13 ceives assistance under this chapter, the recipient shall use 14 a U.S. Employment Plan for each contract of $10,000,000 15 or more for the purchase of manufactured goods or of 16 services, based on an independent cost estimate. 17 ‘‘(e) PRIORITY.—The Secretary shall ensure that the 18 entity carrying out a project under the covered infrastruc- 19 ture program gives priority to— 20 ‘‘(1) individuals with a barrier to employment 21 (as defined in section 3 of the Workforce Innovation 22 and Opportunity Act (29 U.S.C. 3102)), including 23 ex-offenders and disabled individuals; 24 ‘‘(2) veterans; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 708 •HR 3684 IH ‘‘(3) individuals that represent populations that 1 are traditionally underrepresented in the infrastruc- 2 ture workforce, such as women and racial and ethnic 3 minorities. 4 ‘‘(f) REPORT.—Not less frequently than once each 5 fiscal year, the Secretary shall jointly submit to Congress 6 a report describing the implementation of this section. 7 ‘‘(g) INTENT OF CONGRESS.— 8 ‘‘(1) IN GENERAL.—It is the intent of Con- 9 gress— 10 ‘‘(A) to encourage recipients of Federal as- 11 sistance under covered infrastructure programs 12 to use a best-value contracting framework de- 13 scribed in subsection (b) for the purchase of 14 goods and services; 15 ‘‘(B) to encourage recipients of Federal as- 16 sistance under covered infrastructure programs 17 to use preferences for registered apprenticeship 18 programs as described in subsection (c) when 19 evaluating bids for projects using that assist- 20 ance; 21 ‘‘(C) to require that recipients of Federal 22 assistance under covered infrastructure pro- 23 grams use the U.S. Employment Plan in car- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 709 •HR 3684 IH rying out the project for which the assistance 1 was provided; and 2 ‘‘(D) that full and open competition under 3 covered infrastructure programs means a proce- 4 dural competition that prevents corruption, fa- 5 voritism, and unfair treatment by recipient 6 agencies. 7 ‘‘(2) INCLUSION.—A best-value contracting 8 framework described in subsection (b) is a frame- 9 work that authorizes a recipient of Federal assist- 10 ance under a covered infrastructure program, in 11 awarding contracts, to evaluate a range of factors, 12 including price, the quality of products, the quality 13 of services, and commitments to the creation of good 14 jobs for all people in the United States.’’. 15 (b) CLERICAL AMENDMENT.—The analysis for chap- 16 ter 53 of title 49, United States Code, is amended by add- 17 ing at the end the following: 18 ‘‘5341. U.S. Employment Plan.’’. SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DE- 19 VELOPMENT. 20 Section 5314(a) of title 49, Unites States Code, is 21 amended— 22 (1) in paragraph (2)— 23 (A) in subparagraph (H) by striking ‘‘and’’ 24 at the end; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 710 •HR 3684 IH (B) by redesignating subparagraph (I) as 1 subparagraph (J); and 2 (C) by inserting after subparagraph (H) 3 the following: 4 ‘‘(I) provide innovation and capacity-build- 5 ing to rural and tribal public transportation re- 6 cipients that do not duplicate the activities of 7 sections 5311(b) or 5312; and’’; and 8 (2) by adding at the end the following: 9 ‘‘(4) AVAILABILITY OF AMOUNTS.—Of the 10 amounts made available to carry out this section 11 under section 5338(c), $1,500,000 shall be available 12 to carry out activities described in paragraph 13 (2)(I).’’. 14 Subtitle G—Transit-Supportive 15 Communities 16 SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 17 (a) IN GENERAL.—Chapter 53 of title 49, United 18 States Code, is amended by inserting after section 5327 19 the following: 20 ‘‘§ 5328. Transit-supportive communities 21 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 22 lish within the Federal Transit Administration, an Office 23 of Transit-Supportive Communities to make grants, pro- 24 vide technical assistance, and assist in the coordination 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 711 •HR 3684 IH of transit and housing policies within the Federal Transit 1 Administration, the Department of Transportation, and 2 across the Federal Government. 3 ‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING 4 GRANT PROGRAM.— 5 ‘‘(1) DEFINITION.—In this subsection the term 6 ‘eligible project’ means— 7 ‘‘(A) a new fixed guideway capital project 8 or a core capacity improvement project as de- 9 fined in section 5309; 10 ‘‘(B) an existing fixed guideway system, or 11 an existing station that is served by a fixed 12 guideway system; or 13 ‘‘(C) the immediate corridor along the 14 highest 25 percent of routes by ridership as 15 demonstrated in section 5336(b)(2)(B). 16 ‘‘(2) GENERAL AUTHORITY.—The Secretary 17 may make grants under this subsection to a State, 18 local governmental authority, or metropolitan plan- 19 ning organization to assist in financing comprehen- 20 sive planning associated with an eligible project that 21 seeks to— 22 ‘‘(A) enhance economic development, rider- 23 ship, equity, reduction of greenhouse gas emis- 24 sions, or other goals established during the 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 712 •HR 3684 IH project development and engineering processes 1 or the grant application; 2 ‘‘(B) facilitate multimodal connectivity and 3 accessibility; 4 ‘‘(C) increase access to transit hubs for pe- 5 destrian and bicycle traffic; 6 ‘‘(D) enable mixed-use development; 7 ‘‘(E) identify infrastructure needs associ- 8 ated with the eligible project; and 9 ‘‘(F) include private sector participation. 10 ‘‘(3) ELIGIBILITY.—A State, local governmental 11 authority, or metropolitan planning organization 12 that desires to participate in the program under this 13 subsection shall submit to the Secretary an applica- 14 tion that contains at a minimum— 15 ‘‘(A) an identification of an eligible project; 16 ‘‘(B) a schedule and process for the devel- 17 opment of a comprehensive plan; 18 ‘‘(C) a description of how the eligible 19 project and the proposed comprehensive plan 20 advance the metropolitan transportation plan of 21 the metropolitan planning organization; 22 ‘‘(D) proposed performance criteria for the 23 development and implementation of the com- 24 prehensive plan; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 713 •HR 3684 IH ‘‘(E) a description of how the project will 1 advance equity and reduce and mitigate social 2 and economic impacts on existing residents and 3 businesses and communities historically ex- 4 cluded from economic opportunities vulnerable 5 to displacement; and 6 ‘‘(F) identification of— 7 ‘‘(i) partners; 8 ‘‘(ii) availability of and authority for 9 funding; and 10 ‘‘(iii) potential State, local or other 11 impediments to the implementation of the 12 comprehensive plan. 13 ‘‘(4) COST SHARE.—A grant under this sub- 14 section shall not exceed an amount in excess of 80 15 percent of total project costs, except that a grant 16 that includes an affordable housing component shall 17 not exceed an amount in excess of 90 percent of 18 total project costs. 19 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 20 provide technical assistance to States, local governmental 21 authorities, and metropolitan planning organizations in 22 the planning and development of transit-oriented develop- 23 ment projects and transit supportive corridor policies, in- 24 cluding— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 714 •HR 3684 IH ‘‘(1) the siting, planning, financing, and inte- 1 gration of transit-oriented development projects; 2 ‘‘(2) the integration of transit-oriented develop- 3 ment and transit-supportive corridor policies in the 4 preparation for and development of an application 5 for funding under section 602 of title 23; 6 ‘‘(3) the siting, planning, financing, and inte- 7 gration of transit-oriented development and transit 8 supportive corridor policies associated with projects 9 under section 5309; 10 ‘‘(4) the development of housing feasibility as- 11 sessments as allowed under section 5309(g)(3)(B); 12 ‘‘(5) the development of transit-supportive cor- 13 ridor policies that promote transit ridership and 14 transit-oriented development; 15 ‘‘(6) the development, implementation, and 16 management of land value capture programs; and 17 ‘‘(7) the development of model contracts, model 18 codes, and best practices for the implementation of 19 transit-oriented development projects and transit- 20 supportive corridor policies. 21 ‘‘(d) VALUE CAPTURE POLICY REQUIREMENTS.— 22 ‘‘(1) VALUE CAPTURE POLICY.—Not later than 23 October 1 of the fiscal year that begins 2 years after 24 the date of enactment of this section, the Secretary, 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 715 •HR 3684 IH in collaboration with State departments of transpor- 1 tation, metropolitan planning organizations, and re- 2 gional council of governments, shall establish vol- 3 untary and consensus-based value capture stand- 4 ards, policies, and best practices for State and local 5 value capture mechanisms that promote greater in- 6 vestments in public transportation and affordable 7 transit-oriented development. 8 ‘‘(2) REPORT.—Not later than 15 months after 9 the date of enactment of this section, the Secretary 10 shall make available to the public a report cataloging 11 examples of State and local laws and policies that 12 provide for value capture and value sharing that pro- 13 mote greater investment in public transportation and 14 affordable transit-oriented development. 15 ‘‘(d) EQUITY.—In providing technical assistance 16 under subsection (c), the Secretary shall incorporate strat- 17 egies to promote equity for underrepresented and under- 18 served communities, including— 19 ‘‘(1) preventing displacement of existing resi- 20 dents and businesses; 21 ‘‘(2) mitigating rent and housing price in- 22 creases; 23 ‘‘(3) incorporating affordable rental and owner- 24 ship housing in transit-oriented development; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 716 •HR 3684 IH ‘‘(4) engaging under-served, limited English 1 proficiency, low income, and minority communities 2 in the planning process; 3 ‘‘(5) fostering economic development opportuni- 4 ties for existing residents and businesses; and 5 ‘‘(6) targeting affordable housing that help less- 6 en homelessness. 7 ‘‘(d) AUTHORITY TO REQUEST STAFFING ASSIST- 8 ANCE.—In fulfilling the duties of this section, the Sec- 9 retary shall, as needed, request staffing and technical as- 10 sistance from other Federal agencies, programs, adminis- 11 trations, boards, or commissions. 12 ‘‘(e) REVIEW EXISTING POLICIES AND PROGRAMS.— 13 Not later than 24 months after the date of enactment of 14 this section, the Secretary shall review and evaluate all 15 existing policies and programs within the Federal Transit 16 Administration that support or promote transit-oriented 17 development to ensure their coordination and effectiveness 18 relative to the goals of this section. 19 ‘‘(f) REPORTING.—Not later than February 1 of each 20 year beginning the year after the date of enactment of 21 this section, the Secretary shall prepare a report detailing 22 the grants and technical assistance provided under this 23 section, the number of affordable housing units con- 24 structed or planned as a result of projects funded in this 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 717 •HR 3684 IH section, and the number of affordable housing units con- 1 structed or planned as a result of a property transfer 2 under section 5334(h)(1). The report shall be provided to 3 the Committee on Transportation and Infrastructure of 4 the House of Representatives and the Committee on 5 Banking, Housing, and Urban Affairs of the Senate. 6 ‘‘(g) SAVINGS CLAUSE.—Nothing in this section au- 7 thorizes the Secretary to provide any financial assistance 8 for the construction of housing. 9 ‘‘(h) PRIORITY FOR LOW-INCOME AREAS.—In award- 10 ing grants under this section, the Secretary shall give pri- 11 ority to projects under this section that expand or build 12 transit in low-income areas or that provide access to public 13 transportation to low-income areas that do not have access 14 to public transportation.’’. 15 (b) CLERICAL AMENDMENT.—The analysis for chap- 16 ter 53 of title 49, United States Code, is amended by in- 17 serting after the item relating to section 5327 the fol- 18 lowing: 19 ‘‘5328. Transit-supportive communities.’’. (c) TECHNICAL AND CONFORMING AMENDMENT.— 20 Section 20005 of the MAP–21 (Public Law 112–141) is 21 amended— 22 (1) by striking ‘‘(a) AMENDMENT.—’’; and 23 (2) by striking subsection (b). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 718 •HR 3684 IH SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 1 HOUSING. 2 Section 5334(h)(1) of title 49, United States Code, 3 is amended to read as follows: 4 ‘‘(1) IN GENERAL.—If a recipient of assistance 5 under this chapter decides an asset acquired under 6 this chapter at least in part with that assistance is 7 no longer needed for the purpose for which such 8 asset was acquired, the Secretary may authorize the 9 recipient to transfer such asset to— 10 ‘‘(A) a local governmental authority to be 11 used for a public purpose with no further obli- 12 gation to the Government if the Secretary de- 13 cides— 14 ‘‘(i) the asset will remain in public use 15 for at least 5 years after the date the asset 16 is transferred; 17 ‘‘(ii) there is no purpose eligible for 18 assistance under this chapter for which the 19 asset should be used; 20 ‘‘(iii) the overall benefit of allowing 21 the transfer is greater than the interest of 22 the Government in liquidation and return 23 of the financial interest of the Government 24 in the asset, after considering fair market 25 value and other factors; and 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 719 •HR 3684 IH ‘‘(iv) through an appropriate screen- 1 ing or survey process, that there is no in- 2 terest in acquiring the asset for Govern- 3 ment use if the asset is a facility or land; 4 or 5 ‘‘(B) a local governmental authority, non- 6 profit organization, or other third party entity 7 to be used for the purpose of transit-oriented 8 development with no further obligation to the 9 Government if the Secretary decides— 10 ‘‘(i) the asset is a necessary compo- 11 nent of a proposed transit-oriented devel- 12 opment project; 13 ‘‘(ii) the transit-oriented development 14 project will increase transit ridership; 15 ‘‘(iii) at least 40 percent of the hous- 16 ing units offered in the transit-oriented de- 17 velopment , including housing units owned 18 by nongovernmental entities, are legally 19 binding affordability restricted to tenants 20 with incomes at or below 60 percent of the 21 area median income and/or owners with in- 22 comes at or below 60 percent the area me- 23 dian income; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 720 •HR 3684 IH ‘‘(iv) the asset will remain in use as 1 described in this section for at least 30 2 years after the date the asset is trans- 3 ferred; and 4 ‘‘(v) with respect to a transfer to a 5 third party entity— 6 ‘‘(I) a local government authority 7 or nonprofit organization is unable to 8 receive the property; 9 ‘‘(II) the overall benefit of allow- 10 ing the transfer is greater than the in- 11 terest of the Government in liquida- 12 tion and return of the financial inter- 13 est of the Government in the asset, 14 after considering fair market value 15 and other factors; and 16 ‘‘(III) the third party has dem- 17 onstrated a satisfactory history of 18 construction or operating an afford- 19 able housing development.’’. 20 SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 21 INVESTMENT GRANTS. 22 Section 5309 of title 49, United States Code, is fur- 23 ther amended— 24 (1) in subsection (g)— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 721 •HR 3684 IH (A) in paragraph (2)(B)— 1 (i) in clause (i) by striking ‘‘; and’’ 2 and inserting a semicolon; 3 (ii) in clause (ii) by striking the pe- 4 riod and inserting ‘‘; and’’; and 5 (iii) by adding at the end the fol- 6 lowing: 7 ‘‘(iii) in the case of a new fixed guide- 8 way capital project or a core capacity im- 9 provement project, allow a weighting 5 per- 10 centage points greater to the economic de- 11 velopment criterion and 5 percentage 12 points lesser to the lowest scoring criterion 13 if the applicant demonstrates substantial 14 efforts to preserve or encourage affordable 15 housing near the project by providing doc- 16 umentation of policies that allow by-right 17 multi-family housing, single room occu- 18 pancy units, or accessory dwelling units, 19 providing local capital sources for transit- 20 oriented development, or demonstrate other 21 methods as determined by the Secretary.’’; 22 and 23 (B) in paragraph (3) by adding at the end 24 the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 722 •HR 3684 IH ‘‘(B) establish a warrant that applies to 1 the economic development project justification 2 criteria, provided that the applicant that re- 3 quests a warrant under this process has com- 4 pleted and submitted a housing feasibility as- 5 sessment.’’; and 6 (2) in subsection (l)(4) by adding at the end the 7 following: 8 ‘‘(E) from grant proceeds distributed 9 under section 103 of the Housing and Commu- 10 nity Development Act of 1974 (42 U.S.C. 11 5303) or section 201 of the Public Works and 12 Economic Development Act of 1965 (42 U.S.C. 13 3141) provided that— 14 ‘‘(i) such funds are used in conjunc- 15 tion with the planning or development of 16 affordable housing; and 17 ‘‘(ii) such affordable housing is lo- 18 cated within one-half of a mile of a new 19 station.’’. 20 Subtitle H—Innovation 21 SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 22 Section 5312(d) of title 49, United States Code, is 23 amended by adding at the end the following: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 723 •HR 3684 IH ‘‘(3) MOBILITY INNOVATION SANDBOX PRO- 1 GRAM.—The Secretary may make funding available 2 under this subsection to carry out research on mobil- 3 ity on demand and mobility as a service activities eli- 4 gible under section 5316.’’. 5 SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE- 6 SIGN PROGRAM. 7 Section 5312(d) of title 49, United States Code, is 8 further amended by adding at the end the following: 9 ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT 10 REDESIGN PROGRAM.— 11 ‘‘(A) IN GENERAL.—The Secretary may 12 make funding available under this subsection to 13 carry out research on redesigning transit bus 14 operator compartments to improve safety, oper- 15 ational efficiency, and passenger accessibility. 16 ‘‘(B) OBJECTIVES.—Research objectives 17 under this paragraph shall include— 18 ‘‘(i) increasing bus operator safety 19 from assaults; 20 ‘‘(ii) optimizing operator visibility and 21 reducing operator distractions to improve 22 safety of bus passengers, pedestrians, 23 bicyclists, and other roadway users; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 724 •HR 3684 IH ‘‘(iii) expanding passenger accessi- 1 bility for positive interactions between op- 2 erators and passengers, including assisting 3 passengers in need of special assistance; 4 ‘‘(iv) accommodating compliance for 5 passenger boarding, alighting, and secure- 6 ment with the Americans with Disabilities 7 Act of 1990 (42 U.S.C. 12101 et seq.); 8 and 9 ‘‘(v) improving ergonomics to reduce 10 bus operator work-related health issues 11 and injuries, as well as locate key instru- 12 ment and control interfaces to improve 13 operational efficiency and convenience. 14 ‘‘(C) ACTIVITIES.—Eligible activities under 15 this paragraph shall include— 16 ‘‘(i) measures to reduce visibility im- 17 pairments and distractions for bus opera- 18 tors that contribute to accidents, including 19 retrofits to buses in revenue service and 20 specifications for future procurements that 21 reduce visibility impairments and distrac- 22 tions; 23 ‘‘(ii) the deployment of assault mitiga- 24 tion infrastructure and technology on 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 725 •HR 3684 IH buses, including barriers to restrict the un- 1 wanted entry of individuals and objects 2 into bus operators’ workstations; 3 ‘‘(iii) technologies to improve pas- 4 senger accessibility, including boarding, 5 alighting, and securement in compliance 6 with the Americans with Disabilities Act of 7 1990 (42 U.S.C. 12101 et seq.); 8 ‘‘(iv) installation of seating and modi- 9 fication to design specifications of bus op- 10 erator workstations that reduce or prevent 11 injuries from ergonomic risks; or 12 ‘‘(v) other measures that align with 13 the objectives under subparagraph (B). 14 ‘‘(D) ELIGIBLE ENTITIES.—Entities eligi- 15 ble to receive funding under this paragraph 16 shall include consortia consisting of, at a min- 17 imum: 18 ‘‘(i) recipients of funds under this 19 chapter that provide public transportation 20 services; 21 ‘‘(ii) transit vehicle manufacturers; 22 ‘‘(iii) representatives from organiza- 23 tions engaged in collective bargaining on 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 726 •HR 3684 IH behalf of transit workers in not fewer than 1 three States; and 2 ‘‘(iv) any nonprofit institution of high- 3 er education, as defined in section 101 of 4 the Higher Education Act of 1965 (20 5 U.S.C. 1001).’’. 6 SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 7 COUNTS INITIATIVE. 8 Section 5312 of title 49, United States Code, as 9 amended by section 2503, is further amended by adding 10 at the end the following: 11 ‘‘(k) EVERY DAY COUNTS INITIATIVE.— 12 ‘‘(1) IN GENERAL.—It is in the national inter- 13 est for the Department of Transportation and recipi- 14 ents of Federal public transportation funds— 15 ‘‘(A) to identify, accelerate, and deploy in- 16 novation aimed at expediting project delivery, 17 enhancing the safety of transit systems of the 18 United States, and protecting the environment; 19 ‘‘(B) to ensure that the planning, design, 20 engineering, construction, and financing of 21 transportation projects is done in an efficient 22 and effective manner; 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 727 •HR 3684 IH ‘‘(C) to promote the rapid deployment of 1 proven solutions that provide greater account- 2 ability for public investments; and 3 ‘‘(D) to create a culture of innovation 4 within the transit community. 5 ‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 6 advance the policies described in paragraph (1), the 7 Administrator of the Federal Transit Administration 8 shall adopt the Every Day Counts initiative to work 9 with recipients to identify and deploy the proven in- 10 novation practices and products that— 11 ‘‘(A) accelerate innovation deployment; 12 ‘‘(B) expedite the project delivery process; 13 ‘‘(C) improve environmental sustainability; 14 ‘‘(D) enhance transit safety; 15 ‘‘(E) expand mobility; and 16 ‘‘(F) reduce greenhouse gas emissions. 17 ‘‘(3) CONSIDERATION.—In accordance with the 18 Every Day Counts goals described in paragraphs (1) 19 and (2), the Administrator shall consider research 20 conducted through the university transportation cen- 21 ters program in section 5505. 22 ‘‘(4) INNOVATION DEPLOYMENT.— 23 ‘‘(A) IN GENERAL.—At least every 2 years, 24 the Administrator shall work collaboratively 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 728 •HR 3684 IH with recipients to identify a new collection of in- 1 novations, best practices, and data to be de- 2 ployed to recipients through case studies, 3 webinars, and demonstration projects. 4 ‘‘(B) REQUIREMENTS.—In identifying a 5 collection described in subparagraph (A), the 6 Secretary shall take into account market readi- 7 ness, impacts, benefits, and ease of adoption of 8 the innovation or practice. 9 ‘‘(5) PUBLICATION.—Each collection identified 10 under paragraph (4) shall be published by the Ad- 11 ministrator on a publicly available website. 12 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 13 this subsection may be construed to allow the Sec- 14 retary to waive any requirement under any other 15 provision of Federal law.’’. 16 SEC. 2804. TECHNICAL CORRECTIONS. 17 Section 5312 of title 49, United States Code, as 18 amended in section 2503 and 2803, is further amended— 19 (1) in subsection (e)— 20 (A) in paragraph (3)(C) by striking ‘‘low 21 or no emission vehicles, zero emission vehicles,’’ 22 and inserting ‘‘zero emission vehicles’’; and 23 (B) by striking paragraph (6) and insert- 24 ing the following: 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 729 •HR 3684 IH ‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In 1 this subsection, the term ‘zero emission vehicle’ 2 means a passenger vehicle used to provide public 3 transportation that produces no carbon or particu- 4 late matter.’’; 5 (2) by redesignating the first subsection (g) as 6 subsection (f); and 7 (3) in subsection (h)— 8 (A) in the header by striking ‘‘LOW OR NO 9 EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 10 (B) in paragraph (1)— 11 (i) by striking subparagraph (B) and 12 inserting the following: 13 ‘‘(B) the term ‘zero emission vehicle’ has 14 the meaning given such term in subsection 15 (e)(6);’’; and 16 (ii) in subparagraph (D) by striking 17 ‘‘low or no emission vehicle’’ and inserting 18 ‘‘zero emission vehicle’’ each place such 19 term appears; 20 (C) in paragraph (2)— 21 (i) in the heading by striking ‘‘LOW 22 OR NO EMISSION’’ and inserting ‘‘ZERO 23 EMISSION’’; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 730 •HR 3684 IH (ii) by striking ‘‘low or no emission’’ 1 and inserting ‘‘zero emission’’ each place 2 such term appears; 3 (D) in paragraph (3) by striking ‘‘low or 4 no emission’’ and inserting ‘‘zero emission’’ 5 each place such term appears; and 6 (E) in paragraph (5)(A) by striking ‘‘low 7 or no emission’’ and inserting ‘‘zero emission’’. 8 SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT 9 BUS DEVELOPMENT PROGRAM. 10 (a) ESTABLISHMENT.—The Secretary of Transpor- 11 tation shall establish a national advanced technology tran- 12 sit bus development program to facilitate the development 13 and testing of commercially viable advanced technology 14 transit buses that do not exceed a Level 3 automated driv- 15 ing system and related infrastructure. 16 (b) AUTHORIZATION.—There shall be available 17 $20,000,000 for each of fiscal years 2021 through 2025. 18 (c) GRANTS.—The Secretary may enter into grants, 19 contracts, and cooperative agreements with no more than 20 three geographically diverse nonprofit organizations and 21 recipients under chapter 53 of title 49, United States 22 Code, to facilitate the development and testing of commer- 23 cially viable advance technology transit buses and related 24 infrastructure. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 731 •HR 3684 IH (d) CONSIDERATIONS.— 1 (1) IN GENERAL.—The Secretary shall consider 2 the applicant’s— 3 (A) ability to contribute significantly to 4 furthering advanced technologies as it relates to 5 transit bus operations, including advanced driv- 6 er assistance systems, automatic emergency 7 braking, accessibility, and energy efficiency; 8 (B) financing plan and cost share poten- 9 tial; 10 (C) technical experience developing or test- 11 ing advanced technologies in transit buses; 12 (D) commitment to frontline worker in- 13 volvement; and 14 (E) other criteria that the Secretary deter- 15 mines are necessary to carry out the program. 16 (2) RULE OF CONSTRUCTION.—Nothing in this 17 subsection may be construed to allow the Secretary 18 to waive any requirement under any other provision 19 of Federal law. 20 (e) COMPETITIVE GRANT SELECTION.—The Sec- 21 retary shall conduct a national solicitation for applications 22 for grants under the program. Grant recipients shall be 23 selected on a competitive basis. The Secretary shall give 24 priority consideration to applicants that have successfully 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 732 •HR 3684 IH managed advanced transportation technology projects, in- 1 cluding projects related to public transportation oper- 2 ations for a period of not less than 5 years. 3 (f) CONSORTIA.—As a condition of receiving an 4 award in (c), the Secretary shall ensure— 5 (1) that the selected non-profit recipients subse- 6 quently establish a consortia for each proposal sub- 7 mitted, including representatives from a labor union, 8 transit agency, an FTA-designated university bus 9 and component testing center, a Buy America com- 10 pliant transit bus manufacturer, and others as deter- 11 mined by the Secretary; 12 (2) that no proposal selected would decrease 13 workplace or passenger safety; and 14 (3) that no proposal selected would undermine 15 the creation of high-quality jobs or workforce sup- 16 port and development programs. 17 (g) FEDERAL SHARE.—The Federal share of costs 18 of the program shall be provided from funds made avail- 19 able to carry out this section. The Federal share of the 20 cost of a project carried out under the program shall not 21 exceed 80 percent of such cost. 22 SEC. 2806. PUBLIC TRANSPORTATION INNOVATION. 23 Section 5312(h)(2) of title 49, United States Code, 24 is amended by striking subparagraph (G). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 733 •HR 3684 IH SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND 1 REUSE. 2 (a) IN GENERAL.—Not later than 1 year after the 3 date of enactment of this Act, the Secretary of Transpor- 4 tation shall issue regulations that, notwithstanding any 5 other provision of law, allow recipients of funds under 6 chapter 53 of title 49, United States Code, at the option 7 of the recipient, to repurpose, recycle, reuse, sell, or lease 8 transit vehicle batteries that are beyond the useful service 9 life of such batteries for the purpose of transit vehicle pro- 10 pulsion and component parts of such batteries. 11 (b) CONSIDERATIONS.—In issuing regulations under 12 subsection (a), the Secretary shall prioritize second life ap- 13 plications that— 14 (1) maximize the full use of transit vehicle bat- 15 teries beyond the useful life of such batteries for 16 transit vehicle propulsion and component parts of 17 such batteries; 18 (2) enhance the reuse and recycling of transit 19 vehicle batteries, components, and component critical 20 minerals of such batteries; 21 (3) reduce costs for recipients; 22 (4) create new streams of revenue for recipi- 23 ents; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 734 •HR 3684 IH (5) support the provision of zero emission pub- 1 lic transportation service, which may include the use 2 of wayside charging; and 3 (6) enhance the resilience of public transpor- 4 tation and the electric vehicle supply equipment net- 5 work, which may include the use of batteries for en- 6 ergy storage. 7 (c) SECOND LIFE APPLICATIONS DEFINED.—In this 8 section, the term ‘‘second life applications’’ means the 9 repurposing, recycling, reuse, sale, or leasing of a transit 10 vehicle battery that is beyond the useful service life for 11 the purpose of transit vehicle propulsion and component 12 parts of such battery, but that retains utility for other ap- 13 plications. 14 Subtitle I—Other Program 15 Reauthorizations 16 SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN- 17 TIVE MAINTENANCE PROJECTS FOR WASH- 18 INGTON METROPOLITAN AREA TRANSIT AU- 19 THORITY. 20 Section 601 of the Passenger Rail Investment and 21 Improvement Act of 2008 (Public Law 110–432) is 22 amended— 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 735 •HR 3684 IH (1) in subsection (b) by striking ‘‘The Federal’’ 1 and inserting ‘‘Except as provided in subsection 2 (e)(2), the Federal’’; 3 (2) by striking subsections (d) through (f) and 4 inserting the following: 5 ‘‘(d) REQUIRED BOARD APPROVAL.—No amounts 6 may be provided to the Transit Authority under this sec- 7 tion until the Transit Authority certifies to the Secretary 8 of Transportation that— 9 ‘‘(1) a board resolution has passed on or before 10 July 1, 2022, and is in effect for the period of July 11 1, 2022 through June 30, 2031, that— 12 ‘‘(A) establishes an independent budget au- 13 thority for the Office of Inspector General of 14 the Transit Authority; 15 ‘‘(B) establishes an independent procure- 16 ment authority for the Office of Inspector Gen- 17 eral of the Transit Authority; 18 ‘‘(C) establishes an independent hiring au- 19 thority for the Office of Inspector General of 20 the Transit Authority; 21 ‘‘(D) ensures the Inspector General of the 22 Transit Authority can obtain legal advice from 23 a counsel reporting directly to the Inspector 24 General; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 736 •HR 3684 IH ‘‘(E) requires the Inspector General of the 1 Transit Authority to submit recommendations 2 for corrective action to the General Manager 3 and the Board of Directors of the Transit Au- 4 thority; 5 ‘‘(F) requires the Inspector General of the 6 Transit Authority to publish any recommenda- 7 tion described in subparagraph (E) on the 8 website of the Office of Inspector General of the 9 Transit Authority, except that the Inspector 10 General may redact personally identifiable in- 11 formation and information that, in the deter- 12 mination of the Inspector General, would pose 13 a security risk to the systems of the Transit 14 Authority; 15 ‘‘(G) requires the Board of Directors of 16 the Transit Authority to provide written notice 17 to the Committee on Transportation and Infra- 18 structure of the House of Representatives and 19 the Committee on Banking, Housing, and 20 Urban Affairs of the Senate not less than 30 21 days before the Board of Directors removes the 22 Inspector General of the Transit Authority, 23 which shall include the reasons for removal and 24 supporting documentation; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 737 •HR 3684 IH ‘‘(H) prohibits the Board of Directors from 1 removing the Inspector General of the Transit 2 Authority unless the Board of Directors has 3 provided a 30 day written notification as de- 4 scribed in subparagraph (G) that documents— 5 ‘‘(i) a permanent incapacity; 6 ‘‘(ii) a neglect of duty; 7 ‘‘(iii) malfeasance; 8 ‘‘(iv) a conviction of a felony or con- 9 duct involving moral turpitude; 10 ‘‘(v) a knowing violation of a law or 11 regulation; 12 ‘‘(vi) gross mismanagement; 13 ‘‘(vii) a gross waste of funds; 14 ‘‘(viii) an abuse of authority; or 15 ‘‘(ix) inefficiency; and 16 ‘‘(2) the Code of Ethics for Members of the 17 WMATA Board of Directors passed on September 18 26, 2019, remains in effect, or the Inspector General 19 of the Transit Authority has consulted with any 20 modifications to the Code of Ethics by the Board. 21 ‘‘(e) AUTHORIZATIONS.— 22 ‘‘(1) IN GENERAL.—There are authorized to be 23 appropriated to the Secretary of Transportation for 24 grants under this section— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 738 •HR 3684 IH ‘‘(A) for fiscal year 2022, $150,000,000; 1 ‘‘(B) for fiscal year 2023, $155,000,000; 2 ‘‘(C) for fiscal year 2024, $160,000,000; 3 ‘‘(D) for fiscal year 2025, $165,000,000; 4 ‘‘(E) for fiscal year 2026, $170,000,000; 5 ‘‘(F) for fiscal year 2027, $175,000,000; 6 ‘‘(G) for fiscal year 2028, $180,000,000; 7 ‘‘(H) for fiscal year 2029, $185,000,000; 8 ‘‘(I) for fiscal year 2030, $190,000,000; 9 and 10 ‘‘(J) for fiscal year 2031, $200,000,000. 11 ‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR 12 GENERAL OF TRANSIT AUTHORITY.—From the 13 amounts in paragraph (1), the Transit Authority 14 shall provide at least 7 percent for each fiscal year 15 to the Office of Inspector General of the Transit Au- 16 thority to carry out independent and objective au- 17 dits, investigations, and reviews of Transit Authority 18 programs and operations to promote economy, effi- 19 ciency, and effectiveness, and to prevent and detect 20 fraud, waste, and abuse in such programs and oper- 21 ations.’’; and 22 (3) by redesignating subsection (g) as sub- 23 section (f). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 739 •HR 3684 IH SEC. 2902. OTHER APPORTIONMENTS. 1 Section 5336 of title 49, United States Code, is 2 amended— 3 (1) in subsection (h)— 4 (A) in the matter preceding paragraph (1) 5 by striking ‘‘section 5338(a)(2)(C)’’ and insert- 6 ing ‘‘section 5338(a)(2)(B)’’; 7 (B) by amending paragraph (1) to read as 8 follows: 9 ‘‘(1) to carry out section 5307(h)— 10 ‘‘(A) $60,906,000 shall be set aside in fis- 11 cal year 2023; 12 ‘‘(B) $61,856,134 shall be set aside in fis- 13 cal year 2024; 14 ‘‘(C) $62,845,832 shall be set aside in fis- 15 cal year 2025; and 16 ‘‘(D) $63,832,511 shall be set aside in fis- 17 cal year 2026;’’; 18 (C) in paragraph (2) by striking ‘‘3.07 19 percent’’ and inserting ‘‘6 percent’’; and 20 (D) by amending paragraph (3) to read as 21 follows: 22 ‘‘(3) of amounts not apportioned under para- 23 graphs (1) and (2), 3 percent shall be apportioned 24 to urbanized areas with populations of less than 25 200,000 in accordance with subsection (i);’’; and 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 740 •HR 3684 IH (2) in subsection (i) by adding at the end the 1 following: 2 ‘‘(3) CENSUS PHASE-OUT.—Before apportioning 3 funds under subsection (h)(3), for any urbanized 4 area that is no longer an eligible area due to a 5 change in population in the most recent decennial 6 census, the Secretary shall apportion to such urban- 7 ized area, for 3 fiscal years, an amount equal to half 8 of the funds apportioned to such urbanized area pur- 9 suant to this subsection for the previous fiscal 10 year.’’. 11 Subtitle J—Streamlining 12 SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT 13 GRANTS. 14 Section 5309 of title 49, United States Code, as 15 amended by section 2703 of this Act, is further amend- 16 ed— 17 (1) in subsection (a)— 18 (A) in paragraph (7)— 19 (i) in subparagraph (A) by striking 20 ‘‘$100,000,000’’ and inserting 21 ‘‘$320,000,000’’; and 22 (ii) in subparagraph (B) by striking 23 ‘‘$300,000,000’’ and inserting 24 ‘‘$400,000,000’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 741 •HR 3684 IH (B) by striking paragraph (6); and 1 (C) by redesignating paragraph (7), as so 2 amended, as paragraph (6); 3 (2) in subsection (b)(2) by inserting ‘‘expanding 4 station capacity,’’ after ‘‘construction of infill sta- 5 tions,’’; 6 (3) in subsection (d)(1)— 7 (A) in subparagraph (C)(i) by striking ‘‘2 8 years’’ and inserting ‘‘3 years’’; and 9 (B) by adding at the end the following: 10 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT 11 ACTIVITIES.—An applicant may perform cost 12 and schedule risk assessments with technical 13 assistance provided by the Secretary. 14 ‘‘(E) STATUTORY CONSTRUCTION.—Noth- 15 ing in this section shall be construed as author- 16 izing the Secretary to require cost and schedule 17 risk assessments in the project development 18 phase.’’; 19 (4) in subsection (e)(1)— 20 (A) in subparagraph (C)(i) by striking ‘‘2 21 years’’ and inserting ‘‘3 years’’; and 22 (B) by adding at the end the following: 23 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT 24 ACTIVITIES.—An applicant may perform cost 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 742 •HR 3684 IH and schedule risk assessments with technical 1 assistance provided by the Secretary. 2 ‘‘(E) STATUTORY CONSTRUCTION.—Noth- 3 ing in this section shall be construed as author- 4 izing the Secretary to require cost and schedule 5 risk assessments in the project development 6 phase.’’; 7 (5) in subsection (e)(2)(A)(iii)(II) by striking 8 ‘‘5 years’’ and inserting ‘‘10 years’’; 9 (6) in subsection (f)— 10 (A) in paragraph (1) by striking ‘‘sub- 11 section (d)(2)(A)(v)’’ and inserting ‘‘subsection 12 (d)(2)(A)(iv)’’; 13 (B) in paragraph (2)— 14 (i) by striking ‘‘subsection 15 (d)(2)(A)(v)’’ and inserting ‘‘subsection 16 (d)(2)(A)(iv)’’; 17 (ii) in subparagraph (D) by adding 18 ‘‘and’’ at the end; 19 (iii) by striking subparagraph (E); 20 and 21 (iv) by redesignating subparagraph 22 (F) as subparagraph (E); and 23 (C) by adding at the end the following: 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 743 •HR 3684 IH ‘‘(4) COST-SHARE INCENTIVES.—For a project 1 for which a lower CIG cost share is elected by the 2 applicant under subsection (l)(1)(C), the Secretary 3 shall apply the following requirements and consider- 4 ations in lieu of paragraphs (1) and (2): 5 ‘‘(A) REQUIREMENTS.—In determining 6 whether a project is supported by local financial 7 commitment and shows evidence of stable and 8 dependable financing sources for purposes of 9 subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the 10 Secretary shall require that— 11 ‘‘(i) the proposed project plan pro- 12 vides for the availability of contingency 13 amounts that the applicant determines to 14 be reasonable to cover unanticipated cost 15 increases or funding shortfalls; 16 ‘‘(ii) each proposed local source of 17 capital and operating financing is stable, 18 reliable, and available within the proposed 19 project timetable; and 20 ‘‘(iii) an applicant certifies that local 21 resources are available to recapitalize, 22 maintain, and operate the overall existing 23 and proposed public transportation system, 24 including essential feeder bus and other 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 744 •HR 3684 IH services necessary to achieve the projected 1 ridership levels without requiring a reduc- 2 tion in existing public transportation serv- 3 ices or level of service to operate the 4 project. 5 ‘‘(B) CONSIDERATIONS.—In assessing the 6 stability, reliability, and availability of proposed 7 sources of local financing for purposes of sub- 8 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec- 9 retary shall consider— 10 ‘‘(i) the reliability of the forecasting 11 methods used to estimate costs and reve- 12 nues made by the recipient and the con- 13 tractors to the recipient; 14 ‘‘(ii) existing grant commitments; 15 ‘‘(iii) any debt obligation that exists, 16 or is proposed by the recipient, for the pro- 17 posed project or other public transpor- 18 tation purpose; and 19 ‘‘(iv) private contributions to the 20 project, including cost-effective project de- 21 livery, management or transfer of project 22 risks, expedited project schedule, financial 23 partnering, and other public-private part- 24 nership strategies.’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 745 •HR 3684 IH (7) in subsection (g)— 1 (A) in paragraph (2)(A) by striking ‘‘de- 2 gree of local financial commitment’’ and insert- 3 ing ‘‘criteria in subsection (f)’’ each place it ap- 4 pears; 5 (B) in paragraph (3) by striking ‘‘The Sec- 6 retary shall,’’ and all that follows through ‘‘to 7 carry out this subsection.’’ and inserting the 8 following: ‘‘The Secretary shall 9 ‘‘(A) to the maximum extent practicable, 10 develop and use special warrants for making a 11 project justification determination under sub- 12 section (d)(2) or (e)(2), as applicable, for a 13 project proposed to be funded using a grant 14 under this section if—— 15 ‘‘(i) the share of the cost of the 16 project to be provided under this section— 17 ‘‘(I) does not exceed 18 $500,000,000 and the total project 19 cost does not exceed $1,000,000,000; 20 or 21 ‘‘(II) complies with subsection 22 (l)(1)(C); 23 ‘‘(ii) the applicant requests the use of 24 the warrants; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 746 •HR 3684 IH ‘‘(iii) the applicant certifies that its 1 existing public transportation system is in 2 a state of good repair; and 3 ‘‘(iv) the applicant meets any other 4 requirements that the Secretary considers 5 appropriate to carry out this subsection.’’; 6 (C) by striking paragraph (5) and insert- 7 ing the following: 8 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 9 issue policy guidance on the review and evaluation 10 process and criteria not later than 180 days after 11 the date of enactment of the INVEST in America 12 Act.’’; 13 (D) by striking paragraph (6) and insert- 14 ing the following: 15 ‘‘(6) TRANSPARENCY.—Not later than 30 days 16 after the Secretary receives a written request from 17 an applicant for all remaining information necessary 18 to obtain 1 or more of the following, the Secretary 19 shall provide such information to the applicant: 20 ‘‘(A) Project advancement. 21 ‘‘(B) Medium or higher rating. 22 ‘‘(C) Warrant. 23 ‘‘(D) Letter of intent. 24 ‘‘(E) Early systems work agreement.’’; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 747 •HR 3684 IH (E) in paragraph (7) by striking ‘‘the Fed- 1 eral Public Transportation Act of 2012’’ and 2 inserting ‘‘the INVEST in America Act’’; 3 (8) in subsection (h)— 4 (A) in paragraph (5) by inserting ‘‘, except 5 that for a project for which a lower local cost 6 share is elected under subsection (l)(1)(C), the 7 Secretary shall enter into a grant agreement 8 under this subsection for any such project that 9 establishes contingency amounts that the appli- 10 cant determines to be reasonable to cover unan- 11 ticipated cost increases or funding shortfalls’’ 12 before the period at the end; and 13 (B) in paragraph (7)(C) by striking ‘‘10 14 days’’ and inserting ‘‘3 days’’; 15 (9) by striking subsection (i) and inserting the 16 following: 17 ‘‘(i) INTERRELATED PROJECTS.— 18 ‘‘(1) RATINGS IMPROVEMENT.—The Secretary 19 shall grant a rating increase of 1 level in mobility 20 improvements to any project being rated under sub- 21 section (d), (e), or (h), if the Secretary certifies that 22 the project has a qualifying interrelated project that 23 meets the requirements of paragraph (2). 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 748 •HR 3684 IH ‘‘(2) INTERRELATED PROJECT.—A qualifying 1 interrelated project is a transit project that— 2 ‘‘(A) is adopted into the metropolitan 3 transportation plan required under section 4 5303; 5 ‘‘(B) has received a class of action designa- 6 tion under the National Environmental Policy 7 Act of 1969 (42 U.S.C. 4321 et seq.); 8 ‘‘(C) will likely increase ridership on the 9 project being rated in subsection (d), (e), or 10 (h), respectively, as determined by the Sec- 11 retary; and 12 ‘‘(D) meets one of the following criteria: 13 ‘‘(i) Extends the corridor of the 14 project being rated in subsection (d), (e), 15 or (h), respectively. 16 ‘‘(ii) Provides a direct passenger 17 transfer to the project being rated in sub- 18 section (d), (e), or (h), respectively.’’; 19 (10) in subsection (k)— 20 (A) in paragraph (2)(D) by adding at the 21 end the following: 22 ‘‘(v) LOCAL FUNDING COMMIT- 23 MENT.— For a project for which a lower 24 CIG cost share is elected by the applicant 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 749 •HR 3684 IH under subsection (l)(1)(C), the Secretary 1 shall enter into a full funding grant agree- 2 ment that has at least 75 percent of local 3 financial commitment committed and the 4 remaining percentage budgeted for the pro- 5 posed purposes.’’; and 6 (B) in paragraph (5) by striking ‘‘30 7 days’’ and inserting ‘‘3 days’’; 8 (11) in subsection (l)— 9 (A) in paragraph (1) by striking subpara- 10 graph (B) and inserting the following: 11 ‘‘(B) CAP.—Except as provided in sub- 12 paragraph (C), a grant for a project under this 13 section shall not exceed 80 percent of the net 14 capital project cost, except that a grant for a 15 core capacity improvement project shall not ex- 16 ceed 80 percent of the net capital project cost 17 of the incremental cost to increase the capacity 18 in the corridor. 19 ‘‘(C) APPLICANT ELECTION OF LOWER 20 LOCAL CIG COST SHARE.—An applicant may 21 elect a lower local CIG cost share for a project 22 under this section for purposes of application of 23 the cost-share incentives under subsection 24 (f)(3). Such cost share shall not exceed 60 per- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 750 •HR 3684 IH cent of the net capital project cost, except that 1 for a grant for a core capacity improvement 2 project such cost share shall not exceed 60 per- 3 cent of the net capital project cost of the incre- 4 mental cost to increase the capacity in the cor- 5 ridor.’’; 6 (B) by striking paragraph (5) and insert- 7 ing the following: 8 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC- 9 TION.—Nothing in this section shall be construed as 10 authorizing the Secretary to require, incentivize (in 11 any manner not specified in this section), or place 12 additional conditions upon a non-Federal financial 13 commitment for a project that is more than 20 per- 14 cent of the net capital project cost or, for a core ca- 15 pacity improvement project, 20 percent of the net 16 capital project cost of the incremental cost to in- 17 crease the capacity in the corridor.’’; and 18 (C) by striking paragraph (8) and insert- 19 ing the following: 20 ‘‘(8) CONTINGENCY SHARE.—The Secretary 21 shall provide funding for the contingency amount 22 equal to the proportion of the CIG cost share. If the 23 Secretary increases the contingency amount after a 24 project has received a letter of no prejudice or been 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 751 •HR 3684 IH allocated appropriated funds, the federal share of 1 the additional contingency amount shall be 25 per- 2 cent higher than the original proportion the CIG 3 cost share and in addition to the grant amount set 4 in subsection (k)(2)(C)(ii).’’; 5 (12) in subsection (o) by adding at the end the 6 following: 7 ‘‘(4) CIG PROGRAM DASHBOARD.—Not later 8 than the fifth day of each month, the Secretary shall 9 make publicly available on a website data on, includ- 10 ing the status of, each project under this section 11 that is in the project development phase, in the engi- 12 neering phase, or has received a grant agreement 13 and remains under construction. Such data shall in- 14 clude, for each project— 15 ‘‘(A) the amount and fiscal year of any 16 funding appropriated, allocated, or obligated for 17 the project; 18 ‘‘(B) the date on which the project— 19 ‘‘(i) entered the project development 20 phase; 21 ‘‘(ii) entered the engineering phase, if 22 applicable; and 23 ‘‘(iii) received a grant agreement, if 24 applicable; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 752 •HR 3684 IH ‘‘(C) the status of review by the Federal 1 Transit Administration and the Secretary, in- 2 cluding dates of request, dates of acceptance of 3 request, and dates of a decision for each of the 4 following, if applicable: 5 ‘‘(i) A letter of no prejudice. 6 ‘‘(ii) An environmental impact state- 7 ment notice of intent. 8 ‘‘(iii) A finding of no significant envi- 9 ronmental impact. 10 ‘‘(iv) A draft environmental impact 11 statement. 12 ‘‘(v) A final environmental impact 13 statement. 14 ‘‘(vi) A record of decision on the final 15 environmental impact statement. 16 ‘‘(vii) The status of the applicant in 17 securing the non-Federal match, based on 18 information provided by the applicant, in- 19 cluding the amount committed, budgeted, 20 planned, and undetermined.’’; and 21 (13) by striking ‘‘an acceptable degree of’’ and 22 inserting ‘‘a’’ each place it appears. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 753 •HR 3684 IH SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT 1 DEADLINE. 2 Section 5336(d) of title 49, United States Code, is 3 amended— 4 (1) by redesignating paragraph (2) as para- 5 graph (3); and 6 (2) by inserting after paragraph (1) the fol- 7 lowing: 8 ‘‘(2) notwithstanding paragraph (1), apportion 9 amounts to the States appropriated under section 10 5338(a)(2) to carry out sections 5307, 5310, and 11 5311 not later than December 15 for which any 12 amounts are appropriated; and’’. 13 SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE. 14 Section 5334 of title 49, United States Code, is fur- 15 ther amended by adding at the end the following: 16 ‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL 17 LIFE.— 18 ‘‘(1) IN GENERAL.—If a recipient, or sub- 19 recipient, for assistance under this chapter disposes 20 of an asset with a current market value, or proceed 21 from the sale of such asset, acquired under this 22 chapter at least in part with such assistance, after 23 such asset has reached the useful life of such asset, 24 the Secretary shall allow the recipient, or sub- 25 recipient, to use the proceeds attributable to the 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 754 •HR 3684 IH Federal share of such asset calculated under para- 1 graph (3) for capital projects under section 5307, 2 5310, or 5311. 3 ‘‘(2) MINIMUM VALUE.—This subsection shall 4 only apply to assets with a current market value, or 5 proceeds from sale, of at least $5,000. 6 ‘‘(3) CALCULATION OF FEDERAL SHARE AT- 7 TRIBUTABLE.—The proceeds attributable to the 8 Federal share of an asset described in paragraph (1) 9 shall be calculated by multiplying— 10 ‘‘(A) the current market value of, or the 11 proceeds from the disposition of, such asset; by 12 ‘‘(B) the Federal share percentage for the 13 acquisition of such asset at the time of acquisi- 14 tion of such asset.’’. 15 SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBIL- 16 ITY. 17 Section 5310 of title 49, United States Code, as 18 amended by section 2205, is further amended by adding 19 at the end the following: 20 ‘‘(k) INNOVATIVE COORDINATED ACCESS AND MO- 21 BILITY.— 22 ‘‘(1) START UP GRANTS.— 23 ‘‘(A) IN GENERAL.—The Secretary may 24 make grants under this paragraph to eligible 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 755 •HR 3684 IH recipients to assist in financing innovative 1 projects for the transportation disadvantaged 2 that improve the coordination of transportation 3 services and non-emergency medical transpor- 4 tation services. 5 ‘‘(B) APPLICATION.—An eligible recipient 6 shall submit to the Secretary an application 7 that, at a minimum, contains— 8 ‘‘(i) a detailed description of the eligi- 9 ble project; 10 ‘‘(ii) an identification of all eligible 11 project partners and the specific role of 12 each eligible project partner in the eligible 13 project, including— 14 ‘‘(I) private entities engaged in 15 the coordination of nonemergency 16 medical transportation services for the 17 transportation disadvantaged; 18 ‘‘(II) nonprofit entities engaged 19 in the coordination of nonemergency 20 medical transportation services for the 21 transportation disadvantaged; or 22 ‘‘(III) Federal and State entities 23 engaged in the coordination of non- 24 emergency medical transportation 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 756 •HR 3684 IH services for the transportation dis- 1 advantaged; and 2 ‘‘(iii) a description of how the eligible 3 project shall— 4 ‘‘(I) improve local coordination or 5 access to coordinated transportation 6 services; 7 ‘‘(II) reduce duplication of serv- 8 ice, if applicable; and 9 ‘‘(III) provide innovative solu- 10 tions in the State or community. 11 ‘‘(C) PERFORMANCE MEASURES.—An eligi- 12 ble recipient shall specify, in an application for 13 a grant under this paragraph, the performance 14 measures the eligible project, in coordination 15 with project partners, will use to quantify ac- 16 tual outcomes against expected outcomes, in- 17 cluding— 18 ‘‘(i) changes to transportation expend- 19 itures as a result of improved coordination; 20 ‘‘(ii) changes to healthcare expendi- 21 tures provided by projects partners as a re- 22 sult of improved coordination; and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 757 •HR 3684 IH ‘‘(iii) changes to health care metrics, 1 including aggregate health outcomes pro- 2 vided by projects partners. 3 ‘‘(D) ELIGIBLE USES.—Eligible recipients 4 receiving a grant under this section may use 5 such funds for— 6 ‘‘(i) the deployment of coordination 7 technology; 8 ‘‘(ii) projects that create or increase 9 access to community One-Call/One-Click 10 Centers; 11 ‘‘(iii) projects that coordinate trans- 12 portation for 3 or more of— 13 ‘‘(I) public transportation pro- 14 vided under this section; 15 ‘‘(II) a State plan approved 16 under title XIX of the Social Security 17 Act (42 U.S.C. 1396 et seq.); 18 ‘‘(III) title XVIII of the Social 19 Security Act (42 U.S.C. 1395 et seq.); 20 ‘‘(IV) Veterans Health Adminis- 21 tration; or 22 ‘‘(V) private health care facilities; 23 and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 758 •HR 3684 IH ‘‘(iv) such other projects as deter- 1 mined appropriate by the Secretary. 2 ‘‘(E) CONSULTATION.—In evaluating the 3 performance metrics described in subparagraph 4 (C), the Secretary shall consult with the Sec- 5 retary of Health and Human Services. 6 ‘‘(2) INCENTIVE GRANTS.— 7 ‘‘(A) IN GENERAL.—The Secretary may 8 make grants under this paragraph to eligible 9 recipients to incentivize innovative projects for 10 the transportation disadvantaged that improve 11 the coordination of transportation services and 12 non-emergency medical transportation services. 13 ‘‘(B) SELECTION OF GRANT RECIPI- 14 ENTS.—The Secretary shall distribute grant 15 funds made available to carry out this para- 16 graph as described in subparagraph (E) to eli- 17 gible recipients that apply and propose to dem- 18 onstrate improvement in the metrics described 19 in subparagraph (F). 20 ‘‘(C) ELIGIBILITY.—An eligible recipient 21 shall not be required to have received a grant 22 under paragraph (1) to be eligible to receive a 23 grant under this paragraph. 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 759 •HR 3684 IH ‘‘(D) APPLICATIONS.—Eligible recipients 1 shall submit to the Secretary an application 2 that includes— 3 ‘‘(i) which metrics under subpara- 4 graph (F) the eligible recipient intends to 5 improve; 6 ‘‘(ii) the performance data eligible re- 7 cipients and the Federal, State, nonprofit, 8 and private partners, as described in para- 9 graph (1)(B)(ii), of the eligible recipient 10 will make available; and 11 ‘‘(iii) a proposed incentive formula 12 that makes payments to the eligible recipi- 13 ent based on the proposed data and 14 metrics. 15 ‘‘(E) DISTRIBUTION.—The Secretary shall 16 distribute funds made available to carry out 17 this paragraph based upon the number of grant 18 applications approved by the Secretary, number 19 of individuals served by each grant, and the in- 20 centive formulas approved by the Secretary 21 using the following metrics: 22 ‘‘(i) The reduced transportation ex- 23 penditures as a result of improved coordi- 24 nation. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 760 •HR 3684 IH ‘‘(ii) The reduced Federal and State 1 healthcare expenditures using the metrics 2 described in subparagraph (F). 3 ‘‘(iii) The reduced private healthcare 4 expenditures using the metrics described in 5 subparagraph (F). 6 ‘‘(F) HEALTHCARE METRICS.—Healthcare 7 metrics described in this subparagraph shall 8 be— 9 ‘‘(i) reducing missed medical appoint- 10 ments; 11 ‘‘(ii) the timely discharge of patients 12 from hospitals; 13 ‘‘(iii) preventing hospital admissions 14 and reducing readmissions of patients into 15 hospitals; and 16 ‘‘(iv) other measureable healthcare 17 metrics, as determined appropriate by the 18 Secretary, in consultation with the Sec- 19 retary of Health and Human Services. 20 ‘‘(G) ELIGIBLE EXPENDITURES.—The Sec- 21 retary shall allow the funds distributed by this 22 grant program to be expended on eligible activi- 23 ties described in paragraph (1)(D) and any eli- 24 gible activity under this section that is likely to 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 761 •HR 3684 IH improve the metrics described in subparagraph 1 (F). 2 ‘‘(H) RECIPIENT CAP.—The Secretary— 3 ‘‘(i) may not provide more than 20 4 grants under this paragraph; and 5 ‘‘(ii) shall reduce the maximum num- 6 ber of grants under this paragraph to en- 7 sure projects are fully funded, if necessary. 8 ‘‘(I) CONSULTATION.—In evaluating the 9 health care metrics described in subparagraph 10 (F), the Secretary shall consult with the Sec- 11 retary of Health and Human Services. 12 ‘‘(J) ANNUAL GRANTEE REPORT.—Each 13 grantee shall submit a report, in coordination 14 with the project partners of such grantee, that 15 includes an evaluation of the outcomes of the 16 grant awarded to such grantee, including the 17 performance measures. 18 ‘‘(3) REPORT.—The Secretary shall make pub- 19 licly available an annual report on the program car- 20 ried out under this subsection for each fiscal year, 21 not later than December 31 of the calendar year in 22 which that fiscal year ends. The report shall include 23 a detailed description of the activities carried out 24 under the program, and an evaluation of the pro- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 762 •HR 3684 IH gram, including an evaluation of the performance 1 measures used by eligible recipients in consultation 2 with the Secretary of Health and Human Services. 3 ‘‘(4) FEDERAL SHARE.— 4 ‘‘(A) IN GENERAL.—The Federal share of 5 the costs of a project carried out under this 6 subsection shall not exceed 80 percent. 7 ‘‘(B) NON-FEDERAL SHARE.—The non- 8 Federal share of the costs of a project carried 9 out under this subsection may be derived from 10 in-kind contributions. 11 ‘‘(5) RULE OF CONSTRUCTION.—For purposes 12 of this subsection, nonemergency medical transpor- 13 tation services shall be limited to services eligible 14 under Federal programs other than programs au- 15 thorized under this chapter.’’. 16 SEC. 2915. PASSENGER FERRY GRANTS. 17 Section 5307(h) of title 49, United States Code, is 18 amended by adding at the end the following paragraph: 19 ‘‘(4) ZERO-EMISSION OR REDUCED-EMISSION 20 GRANTS.— 21 ‘‘(A) DEFINITIONS.—In this paragraph— 22 ‘‘(i) the term ‘eligible project’ means a 23 project or program of projects in an area 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 763 •HR 3684 IH eligible for a grant under subsection (a) 1 for— 2 ‘‘(I) acquiring zero- or reduced- 3 emission passenger ferries; 4 ‘‘(II) leasing zero- or reduced- 5 emission passenger ferries; 6 ‘‘(III) constructing facilities and 7 related equipment for zero- or re- 8 duced-emission passenger ferries; 9 ‘‘(IV) leasing facilities and re- 10 lated equipment for zero- or reduced- 11 emission passenger ferries; 12 ‘‘(V) constructing new public 13 transportation facilities to accommo- 14 date zero- or reduced-emission pas- 15 senger ferries; 16 ‘‘(VI) constructing shoreside 17 ferry charging infrastructure for zero- 18 or reduced-emission passenger ferries; 19 or 20 ‘‘(VII) rehabilitating or improv- 21 ing existing public transportation fa- 22 cilities to accommodate zero- or re- 23 duced-emission passenger ferries; 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 764 •HR 3684 IH ‘‘(ii) the term ‘zero- or reduced-emis- 1 sion passenger ferry’ means a passenger 2 ferry used to provide public transportation 3 that reduces emissions by utilizing onboard 4 energy storage systems for hybrid-electric 5 or 100 percent electric propulsion, related 6 charging infrastructure, and other tech- 7 nologies deployed to reduce emissions or 8 produce zero onboard emissions under nor- 9 mal operation; and 10 ‘‘(iii) the term ‘recipient’ means a des- 11 ignated recipient, a local government au- 12 thority, or a State that receives a grant 13 under subsection (a). 14 ‘‘(B) GENERAL AUTHORITY.—The Sec- 15 retary may make grants to recipients to finance 16 eligible projects under this paragraph. 17 ‘‘(C) GRANT REQUIREMENTS.—A grant 18 under this paragraph shall be subject to the 19 same terms and conditions as a grant under 20 subsection (a). 21 ‘‘(D) COMPETITIVE PROCESS.—The Sec- 22 retary shall solicit grant applications and make 23 grants for eligible projects under this paragraph 24 on a competitive basis. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 765 •HR 3684 IH ‘‘(E) GOVERNMENT SHARE OF COSTS.— 1 ‘‘(i) IN GENERAL.—The Federal share 2 of the cost of an eligible project carried out 3 under this paragraph shall not exceed 80 4 percent. 5 ‘‘(ii) NON-FEDERAL SHARE.—The 6 non-Federal share of the cost of an eligible 7 project carried out under this subsection 8 may be derived from in-kind contribu- 9 tions.’’. 10 SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL IN- 11 VESTMENT. 12 Section 5309(h)(4) of title 49, United States Code, 13 is amended by inserting ‘‘, the extent to which the project 14 improves transportation options to economically distressed 15 areas,’’ after ‘‘public transportation’’. 16 SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NA- 17 TIONAL ENVIRONMENTAL POLICY ACT OF 18 1969 TO FEDERALLY FUNDED BUS SHELTERS. 19 Not later than 1 year after the date of enactment 20 of this Act, the Secretary of Transportation shall issue 21 best practices on the application of the National Environ- 22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 23 federally funded bus shelters to assist recipients of Fed- 24 eral funds in receiving exclusions permitted by law. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 766 •HR 3684 IH SEC. 2918. CAPITAL INVESTMENT GRANT STREAMLINING. 1 (a) IN GENERAL.—Section 3005(b) of the FAST Act 2 (Public Law 116–94) is repealed. 3 (b) GRANDFATHER CLAUSES.—For any projects that 4 have submitted an application or are being evaluated 5 under the program described in section 3005(b) of such 6 Act prior to the date of enactment of this Act, the Sec- 7 retary shall— 8 (1) continue to administer the project under the 9 terms of such section as it existed on the day prior 10 to the date of enactment of this Act; and 11 (2) for purposes of providing Federal assistance 12 to such project (and notwithstanding any other pro- 13 vision of law), provide such funds as may be nec- 14 essary from the amounts provided in section 5338(b) 15 of title 49, United States Code, and division A of 16 this Act. 17 TITLE III—HIGHWAY TRAFFIC 18 SAFETY 19 SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 20 (a) IN GENERAL.—The following sums are author- 21 ized to be appropriated out of the Highway Trust Fund 22 (other than the Mass Transit Account): 23 (1) HIGHWAY SAFETY PROGRAMS.—For car- 24 rying out section 402 of title 23, United States 25 Code— 26 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 767 •HR 3684 IH (A) $378,400,000 for fiscal year 2023; 1 (B) $382,400,000 for fiscal year 2024; 2 (C) $386,500,000 for fiscal year 2025; and 3 (D) $390,400,000 for fiscal year 2026. 4 (2) HIGHWAY SAFETY RESEARCH AND DEVEL- 5 OPMENT.—For carrying out section 403 of title 23, 6 United States Code— 7 (A) $182,495,000 for fiscal year 2023; 8 (B) $184,795,000 for fiscal year 2024; 9 (C) $187,795,000 for fiscal year 2025; and 10 (D) $190,695,000 for fiscal year 2026. 11 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 12 For carrying out section 405 of title 23, United 13 States Code— 14 (A) $384,119,000 for fiscal year 2023; 15 (B) $393,205,000 for fiscal year 2024; 16 (C) $402,205,000 for fiscal year 2025; and 17 (D) $411,388,000 for fiscal year 2026. 18 (4) NATIONAL DRIVER REGISTER.—For the Na- 19 tional Highway Traffic Safety Administration to 20 carry out chapter 303 of title 49, United States 21 Code— 22 (A) $5,700,000 for fiscal year 2023; 23 (B) $5,800,000 for fiscal year 2024; 24 (C) $5,900,000 for fiscal year 2025; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 768 •HR 3684 IH (D) $6,000,000 for fiscal year 2026. 1 (5) HIGH-VISIBILITY ENFORCEMENT PRO- 2 GRAM.—For carrying out section 404 of title 23, 3 United States Code— 4 (A) $60,200,000 for fiscal year 2023; 5 (B) $60,600,000 for fiscal year 2024; 6 (C) $60,800,000 for fiscal year 2025; and 7 (D) $61,200,000 for fiscal year 2026. 8 (6) ADMINISTRATIVE EXPENSES.—For adminis- 9 trative and related operating expenses of the Na- 10 tional Highway Traffic Safety Administration in car- 11 rying out chapter 4 of title 23, United States 12 Code— 13 (A) $30,586,000 for fiscal year 2023; 14 (B) $31,000,000 for fiscal year 2024; 15 (C) $31,500,000 for fiscal year 2025; and 16 (D) $31,917,000 for fiscal year 2026. 17 (7) CENTER FOR FAIR AND EQUITABLE TRAF- 18 FIC SAFETY ENFORCEMENT.—For carrying out sec- 19 tion 3003 of this title, $35,000,000 for each of fiscal 20 years 2023 through 2026. 21 (b) PROHIBITION ON OTHER USES.—Except as oth- 22 erwise provided in chapter 4 of title 23, United States 23 Code, and chapter 303 of title 49, United States Code, 24 the amounts made available from the Highway Trust 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 769 •HR 3684 IH Fund (other than the Mass Transit Account) for a pro- 1 gram under such chapters— 2 (1) shall only be used to carry out such pro- 3 gram; and 4 (2) may not be used by States or local govern- 5 ments for construction purposes. 6 (c) APPLICABILITY OF TITLE 23.—Except as other- 7 wise provided in chapter 4 of title 23, United States Code, 8 and chapter 303 of title 49, United States Code, amounts 9 made available under subsection (a) for fiscal years 2023 10 through 2026 shall be available for obligation in the same 11 manner as if such funds were apportioned under chapter 12 1 of title 23, United States Code. 13 (d) REGULATORY AUTHORITY.—Grants awarded 14 under chapter 4 of title 23, United States Code, including 15 any amendments made by this title, shall be carried out 16 in accordance with regulations issued by the Secretary of 17 Transportation. 18 (e) STATE MATCHING REQUIREMENTS.—If a grant 19 awarded under chapter 4 of title 23, United States Code, 20 requires a State to share in the cost, the aggregate of all 21 expenditures for highway safety activities made during a 22 fiscal year by the State and its political subdivisions (ex- 23 clusive of Federal funds) for carrying out the grant (other 24 than planning and administration) shall be available for 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 770 •HR 3684 IH the purpose of crediting the State during such fiscal year 1 for the non-Federal share of the cost of any other project 2 carried out under chapter 4 of title 23, United States Code 3 (other than planning or administration), without regard 4 to whether such expenditures were made in connection 5 with such project. 6 (f) GRANT APPLICATION AND DEADLINE.—To re- 7 ceive a grant under chapter 4 of title 23, United States 8 Code, a State shall submit an application, and the Sec- 9 retary of Transportation shall establish a single deadline 10 for such applications to enable the award of grants early 11 in the next fiscal year. 12 SEC. 3002. HIGHWAY SAFETY PROGRAMS. 13 Section 402 of title 23, United States Code, is 14 amended— 15 (1) in subsection (a) by adding at the end the 16 following: 17 ‘‘(3) ADDITIONAL CONSIDERATIONS.—States 18 which have legalized medicinal or recreational mari- 19 juana shall consider programs in addition to the pro- 20 grams described in paragraph (2)(A) to educate 21 drivers on the risks associated with marijuana-im- 22 paired driving and to reduce injuries and deaths re- 23 sulting from individuals driving motor vehicles while 24 impaired by marijuana.’’; 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 771 •HR 3684 IH (2) in subsection (c)— 1 (A) by redesignating paragraphs (2), (3), 2 and (4) as paragraphs (3), (4), and (5), respec- 3 tively; 4 (B) by inserting after paragraph (1) the 5 following: 6 ‘‘(2) ADDITIONAL USES.—In addition to uses 7 authorized under paragraph (1) and as approved by 8 the Secretary, States may use funds under this sec- 9 tion to— 10 ‘‘(A) educate the public on the dangers of 11 pediatric vehicular hyperthermia; 12 ‘‘(B) purchase and distribute child re- 13 straints to low-income families; and 14 ‘‘(C) reduce injuries and deaths resulting 15 from drivers of motor vehicles not moving to 16 another traffic lane or reducing the speed of 17 such driver’s vehicle when passing an emer- 18 gency, law enforcement, or other vehicle 19 stopped or parked on or near the roadway.’’. 20 (C) in paragraph (5), as so redesig- 21 nated)— 22 (i) by striking subparagraph (C); 23 (ii) by redesignating subparagraph 24 (B) as subparagraph (D); and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 772 •HR 3684 IH (iii) by inserting after subparagraph 1 (A) the following: 2 ‘‘(B) SPECIAL RULE FOR SCHOOL AND 3 WORK ZONES.—Notwithstanding subparagraph 4 (A), a State may expend funds apportioned to 5 that State under this section to carry out a pro- 6 gram to purchase, operate, or maintain an 7 automated traffic system in a work zone or 8 school zone. 9 ‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT 10 SYSTEM GUIDELINES.—Any automated traffic 11 enforcement system installed pursuant to sub- 12 paragraph (B) shall comply with speed enforce- 13 ment camera systems and red light camera sys- 14 tems guidelines established by the Secretary.’’; 15 and 16 (3) in subsection (n)— 17 (A) by striking ‘‘PUBLIC TRANSPARENCY’’ 18 and all that follows through ‘‘The Secretary’’ 19 and inserting the following: ‘‘PUBLIC TRANS- 20 PARENCY.— 21 ‘‘(1) IN GENERAL.—The Secretary’’; and 22 (B) by adding at the end the following: 23 ‘‘(2) STATE HIGHWAY SAFETY PLAN 24 WEBSITE.— 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 773 •HR 3684 IH ‘‘(A) IN GENERAL.—In carrying out the 1 requirements of paragraph (1), the Secretary 2 shall establish a public website that is easily ac- 3 cessible, navigable, and searchable for the infor- 4 mation required under paragraph (1), in order 5 to foster greater transparency in approved 6 State highway safety programs. 7 ‘‘(B) CONTENTS.—The website established 8 under subparagraph (A) shall— 9 ‘‘(i) include each State highway safety 10 plan and annual report submitted and ap- 11 proved by the Secretary under subsection 12 (k); 13 ‘‘(ii) provide a means for the public to 14 search such website for State highway 15 safety program content required in sub- 16 section (k), including— 17 ‘‘(I) performance measures re- 18 quired by the Secretary under para- 19 graph (3)(A); 20 ‘‘(II) progress made toward 21 meeting the State’s performance tar- 22 gets for the previous year; 23 ‘‘(III) program areas and ex- 24 penditures; and 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 774 •HR 3684 IH ‘‘(IV) a description of any 1 sources of funds other than funds pro- 2 vided under this section that the State 3 proposes to use to carry out the State 4 highway safety plan of such State.’’. 5 SEC. 3003. FAIR AND EQUITABLE TRAFFIC SAFETY EN- 6 FORCEMENT. 7 (a) IN GENERAL.—The Secretary of Transportation 8 shall make grants under this section to an eligible non- 9 profit institution of higher education with demonstrated 10 expertise in promoting fair and equitable traffic safety en- 11 forcement to establish and operate a national center of 12 excellence for fair and equitable traffic safety enforcement 13 (in this section referred to as the ‘‘Center’’). 14 (b) PURPOSE.—The purpose of the Center shall be 15 to promote fair and equitable traffic safety enforcement 16 with the goal of reducing traffic fatalities and injuries. 17 (c) ROLE OF CENTER.—The role of the Center shall 18 be to establish and operate a national fair and equitable 19 traffic safety enforcement clearinghouse to— 20 (1) develop data collection systems to promote 21 fair and equitable traffic safety enforcement solu- 22 tions, including assisting States participating in the 23 program established under section 403(j) of title 23, 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 775 •HR 3684 IH United States Code, (as added by this Act) share 1 data collected to a national database; 2 (2) develop recommendations for States to im- 3 prove data collection on law enforcement programs 4 carried out under sections 402 and 405 of this title 5 in order to promote fair and equitable traffic safety 6 enforcement programs; 7 (3) provide technical assistance to States on the 8 implementation of the program established under 9 section 403(j) of title 23, United States Code, as 10 added by this Act; 11 (4) research and disseminate best practices for 12 implementing equitable traffic safety enforcement 13 programs; and 14 (5) develop information and educational pro- 15 grams on implementing equitable traffic safety en- 16 forcement best practices. 17 (d) CONSULTATION.—In carrying out the activities 18 under paragraphs (4) and (5) of subsection (c), the Center 19 shall consult with relevant stakeholders, including— 20 (1) civil rights organizations; 21 (2) traffic safety advocacy groups; 22 (3) law enforcement representatives; and 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 776 •HR 3684 IH (4) such other surface transportation stake- 1 holders and industry experts as the Center considers 2 appropriate. 3 (e) REPORT TO CONGRESS.—Not later than 2 years 4 after the establishment of the Center under subsection (a), 5 the Secretary shall submit to the Committee on Transpor- 6 tation and Infrastructure of the House of Representatives 7 and the Committee on Environment and Public Works of 8 the Senate a report on progress made toward meeting the 9 goals established under subsection (b). 10 SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOP- 11 MENT. 12 Section 403 of title 23, United States Code, is 13 amended— 14 (1) in subsection (b) by inserting ‘‘, training,’’ 15 after ‘‘demonstration projects’’; 16 (2) in subsection (f)(1)— 17 (A) by striking ‘‘$2,500,000’’ and inserting 18 ‘‘$3,500,000’’; and 19 (B) by striking ‘‘subsection 402(c) in each 20 fiscal year ending before October 1, 2015, and 21 $443,989 of the total amount available for ap- 22 portionment to the States for highway safety 23 programs under section 402(c) in the period be- 24 ginning on October 1, 2015, and ending on De- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 777 •HR 3684 IH cember 4, 2015,’’ and inserting ‘‘section 1 402(c)(2) in each fiscal year’’; and 2 (3) by striking subsection (h) and redesignating 3 subsections (i) and (j) as subsections (h) and (i), re- 4 spectively. 5 SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL 6 PROFILING. 7 Section 403 of title 23, United States Code, as 8 amended by section 3004 of this Act, is further amended 9 by adding at the end the following: 10 ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL 11 PROFILING.— 12 ‘‘(1) GENERAL AUTHORITY.—Subject to the re- 13 quirements of this subsection, the Secretary shall 14 make grants to a State that— 15 ‘‘(A) is maintaining and allows public in- 16 spection of statistical information for each 17 motor vehicle stop made by a law enforcement 18 officer on a Federal-aid highway in the State 19 regarding the race and ethnicity of the driver; 20 or 21 ‘‘(B) provides assurances satisfactory to 22 the Secretary that the State is undertaking ac- 23 tivities to comply with the requirements of sub- 24 paragraph (A). 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 778 •HR 3684 IH ‘‘(2) USE OF GRANT FUNDS.—A grant received 1 by a State under paragraph (1) shall be used by the 2 State for the costs of— 3 ‘‘(A) collecting and maintaining data on 4 traffic stops; 5 ‘‘(B) evaluating the results of such data; 6 and 7 ‘‘(C) developing and implementing pro- 8 grams to reduce the occurrence of racial 9 profiling. 10 ‘‘(3) LIMITATIONS.—The total amount of 11 grants made to a State under this section in a fiscal 12 year may not exceed— 13 ‘‘(A) 10 percent of the amount made avail- 14 able to carry out this section in the fiscal year 15 for States eligible under paragraph (1)(A); and 16 ‘‘(B) 5 percent of the amount made avail- 17 able to carry out this section in the fiscal year 18 for States eligible under paragraph (1)(B). 19 ‘‘(4) FUNDING.—From funds made available 20 under this section, the Secretary shall set aside 21 $15,000,000 for each fiscal year to carry out this 22 subsection.’’. 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 779 •HR 3684 IH SEC. 3006. NATIONAL SAFETY CAMPAIGNS. 1 Section 404 of title 23, United States Code, is 2 amended to read as follows: 3 ‘‘§ 404. National safety campaigns 4 ‘‘(a) IN GENERAL.—The Secretary shall establish 5 and administer a program under which not less than 3 6 high-visibility enforcement campaigns and not less than 3 7 public awareness campaigns will be carried out in each of 8 fiscal years 2023 through 2026. 9 ‘‘(b) HIGH-VISIBILITY ENFORCEMENT.—In carrying 10 out the requirements under paragraph (a), the Secretary 11 shall ensure that in each fiscal year not less than 1 high- 12 visibility enforcement campaign is carried out to— 13 ‘‘(1) reduce alcohol-impaired operation of a 14 motor vehicle; 15 ‘‘(2) reduce alcohol-impaired and drug-impaired 16 operation of a motor vehicle; and 17 ‘‘(3) increase use of seatbelts by occupants of 18 motor vehicles. 19 ‘‘(c) PUBLIC AWARENESS.—The purpose of each 20 public awareness campaign carried out under this section 21 shall be to achieve outcomes related to not less than 1 22 of the following objectives: 23 ‘‘(1) Increase the proper use of seatbelts and 24 child restraints by occupants of motor vehicles. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 780 •HR 3684 IH ‘‘(2) Reduce texting through a personal wireless 1 communication device by drivers while operating a 2 motor vehicle. 3 ‘‘(3) Reduce violations of State move over laws 4 which require motorists to change lanes or slow 5 down when emergency or other vehicles are stopped 6 or parked on or next to a roadway. 7 ‘‘(d) ADVERTISING.—The Secretary may use, or au- 8 thorize the use of, funds available to carry out this section 9 to pay for the development, production, and use of broad- 10 cast and print media advertising and Internet-based out- 11 reach in carrying out campaigns under this section. In al- 12 locating such funds, consideration shall be given to adver- 13 tising directed at non-English speaking populations, in- 14 cluding those who listen to, read, or watch nontraditional 15 media. 16 ‘‘(e) COORDINATION WITH STATES.—The Secretary 17 shall coordinate with States in carrying out the high-visi- 18 bility enforcement campaigns under this section, including 19 advertising funded under subsection (d), with consider- 20 ation given to— 21 ‘‘(1) relying on States to provide law enforce- 22 ment resources for the campaigns out of funding 23 made available under sections 402 and 405; and 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 781 •HR 3684 IH ‘‘(2) providing, out of National Highway Traffic 1 Safety Administration resources, most of the means 2 necessary for national advertising and education ef- 3 forts associated with the campaigns. 4 ‘‘(f) COORDINATION OF DYNAMIC HIGHWAY MES- 5 SAGE SIGNS.—During national high-visibility enforcement 6 emphasis periods supported by these funds, the Federal 7 Highway Administration and the National Highway Traf- 8 fic Safety Administration shall coordinate with State de- 9 partments of transportation on the use of dynamic high- 10 way message signs to support high-visibility national em- 11 phasis activities. 12 ‘‘(g) USE OF FUNDS.—Funds made available to carry 13 out this section may be used only for activities described 14 in subsections (c) and (d). 15 ‘‘(h) DEFINITION.—In this section: 16 ‘‘(1) CAMPAIGN.—The term ‘campaign’ means 17 a high-visibility traffic safety law enforcement cam- 18 paign or a traffic safety public awareness campaign. 19 ‘‘(2) DYNAMIC HIGHWAY.—The term ‘dynamic 20 highway message sign’ means a traffic control device 21 that is capable of displaying one or more alternative 22 messages which convey information to travelers. 23 ‘‘(3) STATE.—The ‘State’ has the meaning 24 given that term in section 401.’’. 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 782 •HR 3684 IH SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS. 1 (a) IN GENERAL.—Section 405 of title 23, United 2 States Code, is amended— 3 (1) in subsection (a)— 4 (A) in paragraph (1) by striking ‘‘13 per- 5 cent’’ and inserting ‘‘12.85 percent’’; 6 (B) in paragraph (2) by striking ‘‘14.5 7 percent’’ and inserting ‘‘14.3 percent’’; 8 (C) in paragraph (3) by striking ‘‘52.5 9 percent’’ and inserting ‘‘51.75 percent’’; 10 (D) in paragraph (4) by striking ‘‘8.5 per- 11 cent’’ and inserting ‘‘8.3 percent’’; 12 (E) in paragraph (6) by striking ‘‘5 per- 13 cent’’ and inserting ‘‘4.9 percent’’; 14 (F) in paragraph (7) by striking ‘‘5 per- 15 cent’’ and inserting ‘‘4.9 percent’’; 16 (G) in paragraph (8)— 17 (i) by striking ‘‘paragraphs (1) 18 through (7)’’ and inserting ‘‘paragraphs 19 (1) through (8)’’; 20 (ii) by striking ‘‘subsection (b) 21 through (h)’’ and inserting ‘‘subsections 22 (b) through (i)’’; and 23 (iii) by inserting ‘‘to carry out any of 24 the other activities described in such sub- 25 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 783 •HR 3684 IH sections, or the amount made available’’ 1 before ‘‘under section 402(c)(2)’’; 2 (H) in paragraph (9)(A) by striking ‘‘date 3 of enactment of the FAST Act’’ and inserting 4 ‘‘date of enactment of the INVEST in America 5 Act’’; 6 (I) by redesignating paragraphs (8) and 7 (9) as paragraphs (9) and (10), respectively; 8 and 9 (J) by inserting after paragraph (7) the 10 following: 11 ‘‘(8) DRIVER AND OFFICER SAFETY EDU- 12 CATION.—In each fiscal year, 1.5 percent of the 13 funds provided under this section shall be allocated 14 among States that meet the requirements with re- 15 spect to driver and officer safety education (as de- 16 scribed in subsection (i)).’’; 17 (2) in subsection (c)(3)(E) by striking ‘‘5’’ and 18 inserting ‘‘10’’; 19 (3) in subsection (b)(4)— 20 (A) in subparagraph (A) by striking clause 21 (v) and inserting the following: 22 ‘‘(v) implement programs in low-in- 23 come and underserved populations to— 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 784 •HR 3684 IH ‘‘(I) recruit and train occupant 1 protection safety professionals, nation- 2 ally certified child passenger safety 3 technicians, police officers, fire and 4 emergency medical personnel, and 5 educators serving low-income and un- 6 derserved populations; 7 ‘‘(II) educate parents and care- 8 givers in low-income and underserved 9 populations about the proper use and 10 installation of child safety seats; and 11 ‘‘(III) purchase and distribute 12 child safety seats to low-income and 13 underserved populations; and’’; and 14 (B) in subparagraph (B)— 15 (i) by striking ‘‘100 percent’’ and in- 16 serting ‘‘90 percent’’; and 17 (ii) by inserting ‘‘The remaining 10 18 percent of such funds shall be used to 19 carry out subsection (A)(v).’’ after ‘‘section 20 402.’’; 21 (4) by striking subsection (c)(4) and inserting 22 the following: 23 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS 785 •HR 3684 IH ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 1 received by a State under this subsection shall be 2 used for— 3 ‘‘(A) making data program improvements 4 to core highway safety databases related to 5 quantifiable, measurable progress in any of the 6 6 significant data program attributes set forth 7 in paragraph (3)(D); 8 ‘‘(B) developing or acquiring information 9 technology for programs to identify, collect, and 10 report data to State and local government agen- 11 cies, and enter data, including crash, citation 12 and adjudication, driver, emergency medical 13 services or injury surveillance system, roadway, 14 and vehicle, into the core highway safety data- 15 bases of a State; 16 ‘‘(C) purchasing equipment used to iden- 17 tify, collect, and report State safety data to 18 support State efforts to improve State traffic 19 safety information systems; 20 ‘‘(D) linking core highway safety databases 21 of a State with such databases of other States; 22 ‘‘(E) improving the compatibility and 23 interoperability of the core highway safety data- 24 VerDate Sep 11 2014 02:17 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 E:\BILLS\H3684.IH H3684 pbinns on DSKJLVW7X2PROD with BILLS Full text truncated for size; the complete document is in the PDF above.
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