Court filing
Bill text (enrolled) — H.R. 3684, Infrastructure Investment and Jobs Act (IIJA/ERC) (2021-11-15)
Filed November 15, 2021 in Hr3684 Iija ERC; one of 5 filings from this case.
Record facts
| Court | U.S. Congress |
|---|---|
| Filed | 2021-11-15 |
Full text
H. R. 3684 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as the ‘‘Infrastructure Investment and Jobs Act’’. (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References. DIVISION A—SURFACE TRANSPORTATION Sec. 10001. Short title. Sec. 10002. Definitions. Sec. 10003. Effective date. TITLE I—FEDERAL-AID HIGHWAYS Subtitle A—Authorizations and Programs Sec. 11101. Authorization of appropriations. Sec. 11102. Obligation ceiling. Sec. 11103. Definitions. Sec. 11104. Apportionment. Sec. 11105. National highway performance program. Sec. 11106. Emergency relief. Sec. 11107. Federal share payable. Sec. 11108. Railway-highway grade crossings. Sec. 11109. Surface transportation block grant program. Sec. 11110. Nationally significant freight and highway projects. Sec. 11111. Highway safety improvement program. Sec. 11112. Federal lands transportation program. Sec. 11113. Federal lands access program. Sec. 11114. National highway freight program. Sec. 11115. Congestion mitigation and air quality improvement program. Sec. 11116. Alaska Highway. Sec. 11117. Toll roads, bridges, tunnels, and ferries. Sec. 11118. Bridge investment program. Sec. 11119. Safe routes to school. Sec. 11120. Highway use tax evasion projects. Sec. 11121. Construction of ferry boats and ferry terminal facilities. Sec. 11122. Vulnerable road user research. Sec. 11123. Wildlife crossing safety. Sec. 11124. Consolidation of programs. Sec. 11125. GAO report. Sec. 11126. Territorial and Puerto Rico highway program. Sec. 11127. Nationally significant Federal lands and Tribal projects program. Sec. 11128. Tribal high priority projects program. Sec. 11129. Standards. Sec. 11130. Public transportation. H. R. 3684—2 Sec. 11131. Reservation of certain funds. Sec. 11132. Rural surface transportation grant program. Sec. 11133. Bicycle transportation and pedestrian walkways. Sec. 11134. Recreational trails program. Sec. 11135. Updates to Manual on Uniform Traffic Control Devices. Subtitle B—Planning and Performance Management Sec. 11201. Transportation planning. Sec. 11202. Fiscal constraint on long-range transportation plans. Sec. 11203. State human capital plans. Sec. 11204. Prioritization process pilot program. Sec. 11205. Travel demand data and modeling. Sec. 11206. Increasing safe and accessible transportation options. Subtitle C—Project Delivery and Process Improvement Sec. 11301. Codification of One Federal Decision. Sec. 11302. Work zone process reviews. Sec. 11303. Transportation management plans. Sec. 11304. Intelligent transportation systems. Sec. 11305. Alternative contracting methods. Sec. 11306. Flexibility for projects. Sec. 11307. Improved Federal-State stewardship and oversight agreements. Sec. 11308. Geomatic data. Sec. 11309. Evaluation of projects within an operational right-of-way. Sec. 11310. Preliminary engineering. Sec. 11311. Efficient implementation of NEPA for Federal land management projects. Sec. 11312. National Environmental Policy Act of 1969 reporting program. Sec. 11313. Surface transportation project delivery program written agreements. Sec. 11314. State assumption of responsibility for categorical exclusions. Sec. 11315. Early utility relocation prior to transportation project environmental review. Sec. 11316. Streamlining of section 4(f) reviews. Sec. 11317. Categorical exclusion for projects of limited Federal assistance. Sec. 11318. Certain gathering lines located on Federal land and Indian land. Sec. 11319. Annual report. Subtitle D—Climate Change Sec. 11401. Grants for charging and fueling infrastructure. Sec. 11402. Reduction of truck emissions at port facilities. Sec. 11403. Carbon reduction program. Sec. 11404. Congestion relief program. Sec. 11405. Promoting Resilient Operations for Transformative, Efficient, and Cost- saving Transportation (PROTECT) program. Sec. 11406. Healthy Streets program. Subtitle E—Miscellaneous Sec. 11501. Additional deposits into Highway Trust Fund. Sec. 11502. Stopping threats on pedestrians. Sec. 11503. Transfer and sale of toll credits. Sec. 11504. Study of impacts on roads from self-driving vehicles. Sec. 11505. Disaster relief mobilization study. Sec. 11506. Appalachian Regional Commission. Sec. 11507. Denali Commission. Sec. 11508. Requirements for transportation projects carried out through public-pri- vate partnerships. Sec. 11509. Reconnecting communities pilot program. Sec. 11510. Cybersecurity tool; cyber coordinator. Sec. 11511. Report on emerging alternative fuel vehicles and infrastructure. Sec. 11512. Nonhighway recreational fuel study. Sec. 11513. Buy America. Sec. 11514. High priority corridors on the National Highway System. Sec. 11515. Interstate weight limits. Sec. 11516. Report on air quality improvements. Sec. 11517. Roadside highway safety hardware. Sec. 11518. Permeable pavements study. Sec. 11519. Emergency relief projects. Sec. 11520. Study on stormwater best management practices. Sec. 11521. Stormwater best management practices reports. Sec. 11522. Invasive plant elimination program. Sec. 11523. Over-the-road bus tolling equity. H. R. 3684—3 Sec. 11524. Bridge terminology. Sec. 11525. Technical corrections. Sec. 11526. Working group on covered resources. Sec. 11527. Blood transport vehicles. Sec. 11528. Pollinator-friendly practices on roadsides and highway rights-of-way. Sec. 11529. Active transportation infrastructure investment program. Sec. 11530. Highway cost allocation study. TITLE II—TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. Sec. 12002. Federal requirements for TIFIA eligibility and project selection. TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION Sec. 13001. Strategic innovation for revenue collection. Sec. 13002. National motor vehicle per-mile user fee pilot. Sec. 13003. Performance management data support program. Sec. 13004. Data integration pilot program. Sec. 13005. Emerging technology research pilot program. Sec. 13006. Research and technology development and deployment. Sec. 13007. Workforce development, training, and education. Sec. 13008. Wildlife-vehicle collision research. Sec. 13009. Transportation Resilience and Adaptation Centers of Excellence. Sec. 13010. Transportation access pilot program. TITLE IV—INDIAN AFFAIRS Sec. 14001. Definition of Secretary. Sec. 14002. Environmental reviews for certain tribal transportation facilities. Sec. 14003. Programmatic agreements for tribal categorical exclusions. Sec. 14004. Use of certain tribal transportation funds. Sec. 14005. Bureau of Indian Affairs road maintenance program. Sec. 14006. Study of road maintenance on Indian land. Sec. 14007. Maintenance of certain Indian reservation roads. Sec. 14008. Tribal transportation safety needs. Sec. 14009. Office of Tribal Government Affairs. DIVISION B—SURFACE TRANSPORTATION INVESTMENT ACT OF 2021 Sec. 20001. Short title. Sec. 20002. Definitions. TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION Subtitle A—Multimodal Freight Policy Sec. 21101. Office of Multimodal Freight Infrastructure and Policy. Sec. 21102. Updates to National Freight Plan. Sec. 21103. State collaboration with National Multimodal Freight Network. Sec. 21104. Improving State freight plans. Sec. 21105. Implementation of National Multimodal Freight Network. Sec. 21106. Multi-State freight corridor planning. Sec. 21107. State freight advisory committees. Subtitle B—Multimodal Investment Sec. 21201. National infrastructure project assistance. Sec. 21202. Local and regional project assistance. Sec. 21203. National culvert removal, replacement, and restoration grant program. Sec. 21204. National multimodal cooperative freight research program. Sec. 21205. Rural and Tribal infrastructure advancement. Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms Sec. 21301. RRIF codification and reforms. Sec. 21302. Substantive criteria and standards. Sec. 21303. Semiannual report on transit-oriented development eligibility. TITLE II—RAIL Sec. 22001. Short title. Subtitle A—Authorization of Appropriations Sec. 22101. Grants to Amtrak. H. R. 3684—4 Sec. 22102. Federal Railroad Administration. Sec. 22103. Consolidated rail infrastructure and safety improvements grants. Sec. 22104. Railroad crossing elimination program. Sec. 22105. Restoration and enhancement grants. Sec. 22106. Federal-State partnership for intercity passenger rail grants. Sec. 22107. Amtrak Office of Inspector General. Subtitle B—Amtrak Reforms Sec. 22201. Amtrak findings, mission, and goals. Sec. 22202. Composition of Amtrak’s Board of Directors. Sec. 22203. Station agents. Sec. 22204. Increasing oversight of changes to Amtrak long-distance routes and other intercity services. Sec. 22205. Improved oversight of Amtrak accounting. Sec. 22206. Improved oversight of Amtrak spending. Sec. 22207. Increasing service line and asset line plan transparency. Sec. 22208. Passenger experience enhancement. Sec. 22209. Amtrak smoking policy. Sec. 22210. Protecting Amtrak routes through rural communities. Sec. 22211. State-Supported Route Committee. Sec. 22212. Enhancing cross border service. Sec. 22213. Creating quality jobs. Sec. 22214. Amtrak daily long-distance service study. Subtitle C—Intercity Passenger Rail Policy Sec. 22301. Northeast Corridor planning. Sec. 22302. Northeast Corridor Commission. Sec. 22303. Consolidated rail infrastructure and safety improvements. Sec. 22304. Restoration and enhancement grants. Sec. 22305. Railroad crossing elimination program. Sec. 22306. Interstate rail compacts. Sec. 22307. Federal-State partnership for intercity passenger rail grants. Sec. 22308. Corridor identification and development program. Sec. 22309. Surface Transportation Board passenger rail program. Subtitle D—Rail Safety Sec. 22401. Railway-highway crossings program evaluation. Sec. 22402. Grade crossing accident prediction model. Sec. 22403. Periodic updates to highway-rail crossing reports and plans. Sec. 22404. Blocked crossing portal. Sec. 22405. Data accessibility. Sec. 22406. Emergency lighting. Sec. 22407. Comprehensive rail safety review of Amtrak. Sec. 22408. Completion of hours of service and fatigue studies. Sec. 22409. Positive train control study. Sec. 22410. Operating crew member training, qualification, and certification. Sec. 22411. Transparency and safety. Sec. 22412. Research and development. Sec. 22413. Rail research and development center of excellence. Sec. 22414. Quarterly report on positive train control system performance. Sec. 22415. Speed limit action plans. Sec. 22416. New passenger service pre-revenue safety validation plan. Sec. 22417. Federal Railroad Administration accident and incident investigations. Sec. 22418. Civil penalty enforcement authority. Sec. 22419. Advancing safety and innovative technology. Sec. 22420. Passenger rail vehicle occupant protection systems. Sec. 22421. Federal Railroad Administration reporting requirements. Sec. 22422. National Academies study on trains longer than 7,500 feet. Sec. 22423. High-speed train noise emissions. Sec. 22424. Critical incident stress plans. Sec. 22425. Requirements for railroad freight cars placed into service in the United States. Sec. 22426. Railroad point of contact for public safety issues. Sec. 22427. Controlled substances testing for mechanical employees. TITLE III—MOTOR CARRIER SAFETY Sec. 23001. Authorization of appropriations. Sec. 23002. Motor carrier safety advisory committee. Sec. 23003. Combating human trafficking. Sec. 23004. Immobilization grant program. Sec. 23005. Commercial motor vehicle enforcement training and support. H. R. 3684—5 Sec. 23006. Study of commercial motor vehicle crash causation. Sec. 23007. Promoting women in the trucking workforce. Sec. 23008. State inspection of passenger-carrying commercial motor vehicles. Sec. 23009. Truck Leasing Task Force. Sec. 23010. Automatic emergency braking. Sec. 23011. Underride protection. Sec. 23012. Providers of recreational activities. Sec. 23013. Amendments to regulations relating to transportation of household goods in interstate commerce. Sec. 23014. Improving Federal-State motor carrier safety enforcement coordination. Sec. 23015. Limousine research. Sec. 23016. National Consumer Complaint Database. Sec. 23017. Electronic logging device oversight. Sec. 23018. Transportation of agricultural commodities and farm supplies. Sec. 23019. Modification of restrictions on certain commercial driver’s licenses. Sec. 23020. Report on human trafficking violations involving commercial motor ve- hicles. Sec. 23021. Broker guidance relating to Federal motor carrier safety regulations. Sec. 23022. Apprenticeship pilot program. Sec. 23023. Limousine compliance with Federal safety standards. TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY Subtitle A—Highway Traffic Safety Sec. 24101. Authorization of appropriations. Sec. 24102. Highway safety programs. Sec. 24103. Highway safety research and development. Sec. 24104. High-visibility enforcement programs. Sec. 24105. National priority safety programs. Sec. 24106. Multiple substance-impaired driving prevention. Sec. 24107. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence. Sec. 24108. Crash data. Sec. 24109. Review of Move Over or Slow Down Law public awareness. Sec. 24110. Review of laws, safety measures, and technologies relating to school buses. Sec. 24111. Motorcyclist Advisory Council. Sec. 24112. Safe Streets and Roads for All grant program. Sec. 24113. Implementation of GAO recommendations. Subtitle B—Vehicle Safety Sec. 24201. Authorization of appropriations. Sec. 24202. Recall completion. Sec. 24203. Recall engagement. Sec. 24204. Motor vehicle seat back safety standards. Sec. 24205. Automatic shutoff. Sec. 24206. Petitions by interested persons for standards and enforcement. Sec. 24207. Child safety seat accessibility study. Sec. 24208. Crash avoidance technology. Sec. 24209. Reduction of driver distraction. Sec. 24210. Rulemaking report. Sec. 24211. Global harmonization. Sec. 24212. Headlamps. Sec. 24213. New Car Assessment Program. Sec. 24214. Hood and bumper standards. Sec. 24215. Emergency medical services and 9–1–1. Sec. 24216. Early warning reporting. Sec. 24217. Improved vehicle safety databases. Sec. 24218. National Driver Register Advisory Committee repeal. Sec. 24219. Research on connected vehicle technology. Sec. 24220. Advanced impaired driving technology. Sec. 24221. GAO report on crash dummies. Sec. 24222. Child safety. TITLE V—RESEARCH AND INNOVATION Sec. 25001. Intelligent Transportation Systems Program Advisory Committee. Sec. 25002. Smart Community Resource Center. Sec. 25003. Federal support for local decisionmaking. Sec. 25004. Bureau of Transportation Statistics. Sec. 25005. Strengthening mobility and revolutionizing transportation grant pro- gram. H. R. 3684—6 Sec. 25006. Electric vehicle working group. Sec. 25007. Risk and system resilience. Sec. 25008. Coordination on emerging transportation technology. Sec. 25009. Interagency Infrastructure Permitting Improvement Center. Sec. 25010. Rural opportunities to use transportation for economic success initia- tive. Sec. 25011. Safety data initiative. Sec. 25012. Advanced transportation research. Sec. 25013. Open research initiative. Sec. 25014. Transportation research and development 5-year strategic plan. Sec. 25015. Research planning modifications. Sec. 25016. Incorporation of Department of Transportation research. Sec. 25017. University transportation centers program. Sec. 25018. National travel and tourism infrastructure strategic plan. Sec. 25019. Local hiring preference for construction jobs. Sec. 25020. Transportation workforce development. Sec. 25021. Intermodal Transportation Advisory Board repeal. Sec. 25022. GAO cybersecurity recommendations. Sec. 25023. Volpe oversight. Sec. 25024. Modifications to grant program. Sec. 25025. Drug-impaired driving data collection. Sec. 25026. Report on marijuana research. Sec. 25027. GAO study on improving the efficiency of traffic systems. TITLE VI—HAZARDOUS MATERIALS Sec. 26001. Authorization of appropriations. Sec. 26002. Assistance for local emergency response training grant program. Sec. 26003. Real-time emergency response information. TITLE VII—GENERAL PROVISIONS Sec. 27001. Performance measurement, transparency, and accountability. Sec. 27002. Coordination regarding forced labor. Sec. 27003. Department of Transportation spectrum audit. Sec. 27004. Study and reports on the travel and tourism activities of the Depart- ment. TITLE VIII—SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY Sec. 28001. Sport fish restoration and recreational boating safety. DIVISION C—TRANSIT Sec. 30001. Definitions. Sec. 30002. Metropolitan transportation planning. Sec. 30003. Statewide and nonmetropolitan transportation planning. Sec. 30004. Planning programs. Sec. 30005. Fixed guideway capital investment grants. Sec. 30006. Formula grants for rural areas. Sec. 30007. Public transportation innovation. Sec. 30008. Bus testing facilities. Sec. 30009. Transit-oriented development. Sec. 30010. General provisions. Sec. 30011. Public transportation emergency relief program. Sec. 30012. Public transportation safety program. Sec. 30013. Administrative provisions. Sec. 30014. National transit database. Sec. 30015. Apportionment of appropriations for formula grants. Sec. 30016. State of good repair grants. Sec. 30017. Authorizations. Sec. 30018. Grants for buses and bus facilities. Sec. 30019. Washington Metropolitan Area Transit Authority safety, accountability, and investment. DIVISION D—ENERGY Sec. 40001. Definitions. TITLE I—GRID INFRASTRUCTURE AND RESILIENCY Subtitle A—Grid Infrastructure Resilience and Reliability Sec. 40101. Preventing outages and enhancing the resilience of the electric grid. Sec. 40102. Hazard mitigation using disaster assistance. H. R. 3684—7 Sec. 40103. Electric grid reliability and resilience research, development, and dem- onstration. Sec. 40104. Utility demand response. Sec. 40105. Siting of interstate electric transmission facilities. Sec. 40106. Transmission facilitation program. Sec. 40107. Deployment of technologies to enhance grid flexibility. Sec. 40108. State energy security plans. Sec. 40109. State energy program. Sec. 40110. Power marketing administration transmission borrowing authority. Sec. 40111. Study of codes and standards for use of energy storage systems across sectors. Sec. 40112. Demonstration of electric vehicle battery second-life applications for grid services. Sec. 40113. Columbia Basin power management. Subtitle B—Cybersecurity Sec. 40121. Enhancing grid security through public-private partnerships. Sec. 40122. Energy Cyber Sense program. Sec. 40123. Incentives for advanced cybersecurity technology investment. Sec. 40124. Rural and municipal utility advanced cybersecurity grant and technical assistance program. Sec. 40125. Enhanced grid security. Sec. 40126. Cybersecurity plan. Sec. 40127. Savings provision. TITLE II—SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES Sec. 40201. Earth Mapping Resources Initiative. Sec. 40202. National Cooperative Geologic Mapping Program. Sec. 40203. National Geological and Geophysical Data Preservation Program. Sec. 40204. USGS energy and minerals research facility. Sec. 40205. Rare earth elements demonstration facility. Sec. 40206. Critical minerals supply chains and reliability. Sec. 40207. Battery processing and manufacturing. Sec. 40208. Electric drive vehicle battery recycling and second-life applications pro- gram. Sec. 40209. Advanced energy manufacturing and recycling grant program. Sec. 40210. Critical minerals mining and recycling research. Sec. 40211. 21st Century Energy Workforce Advisory Board. TITLE III—FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS Subtitle A—Carbon Capture, Utilization, Storage, and Transportation Infrastructure Sec. 40301. Findings. Sec. 40302. Carbon utilization program. Sec. 40303. Carbon capture technology program. Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation. Sec. 40305. Carbon storage validation and testing. Sec. 40306. Secure geologic storage permitting. Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf. Sec. 40308. Carbon removal. Subtitle B—Hydrogen Research and Development Sec. 40311. Findings; purpose. Sec. 40312. Definitions. Sec. 40313. Clean hydrogen research and development program. Sec. 40314. Additional clean hydrogen programs. Sec. 40315. Clean hydrogen production qualifications. Subtitle C—Nuclear Energy Infrastructure Sec. 40321. Infrastructure planning for micro and small modular nuclear reactors. Sec. 40322. Property interests relating to certain projects and protection of infor- mation relating to certain agreements. Sec. 40323. Civil nuclear credit program. Subtitle D—Hydropower Sec. 40331. Hydroelectric production incentives. Sec. 40332. Hydroelectric efficiency improvement incentives. Sec. 40333. Maintaining and enhancing hydroelectricity incentives. Sec. 40334. Pumped storage hydropower wind and solar integration and system re- liability initiative. H. R. 3684—8 Sec. 40335. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs. Sec. 40336. Limitations on issuance of certain leases of power privilege. Subtitle E—Miscellaneous Sec. 40341. Solar energy technologies on current and former mine land. Sec. 40342. Clean energy demonstration program on current and former mine land. Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes on the outer Continental Shelf. TITLE IV—ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION Subtitle A—Department of Energy Loan Program Sec. 40401. Department of Energy loan programs. Subtitle B—Energy Information Administration Sec. 40411. Definitions. Sec. 40412. Data collection in the electricity sector. Sec. 40413. Expansion of energy consumption surveys. Sec. 40414. Data collection on electric vehicle integration with the electricity grids. Sec. 40415. Plan for the modeling and forecasting of demand for minerals used in the energy sector. Sec. 40416. Expansion of international energy data. Sec. 40417. Plan for the National Energy Modeling System. Sec. 40418. Report on costs of carbon abatement in the electricity sector. Sec. 40419. Harmonization of efforts and data. Subtitle C—Miscellaneous Sec. 40431. Consideration of measures to promote greater electrification of the transportation sector. Sec. 40432. Office of public participation. Sec. 40433. Digital climate solutions report. Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts on consumer energy costs due to the revocation of the permit for the Keystone XL pipeline. Sec. 40435. Study on impact of electric vehicles. Sec. 40436. Study on impact of forced labor in China on the electric vehicle supply chain. TITLE V—ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE Subtitle A—Residential and Commercial Energy Efficiency Sec. 40501. Definitions. Sec. 40502. Energy efficiency revolving loan fund capitalization grant program. Sec. 40503. Energy auditor training grant program. Subtitle B—Buildings Sec. 40511. Cost-effective codes implementation for efficiency and resilience. Sec. 40512. Building, training, and assessment centers. Sec. 40513. Career skills training. Sec. 40514. Commercial building energy consumption information sharing. Subtitle C—Industrial Energy Efficiency PART I—INDUSTRY Sec. 40521. Future of industry program and industrial research and assessment centers. Sec. 40522. Sustainable manufacturing initiative. PART II—SMART MANUFACTURING Sec. 40531. Definitions. Sec. 40532. Leveraging existing agency programs to assist small and medium man- ufacturers. Sec. 40533. Leveraging smart manufacturing infrastructure at National Labora- tories. Sec. 40534. State manufacturing leadership. Sec. 40535. Report. Subtitle D—Schools and Nonprofits Sec. 40541. Grants for energy efficiency improvements and renewable energy im- provements at public school facilities. H. R. 3684—9 Sec. 40542. Energy efficiency materials pilot program. Subtitle E—Miscellaneous Sec. 40551. Weatherization assistance program. Sec. 40552. Energy Efficiency and Conservation Block Grant Program. Sec. 40553. Survey, analysis, and report on employment and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States. Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies grant program. Sec. 40555. Rebates. Sec. 40556. Model guidance for combined heat and power systems and waste heat to power systems. TITLE VI—METHANE REDUCTION INFRASTRUCTURE Sec. 40601. Orphaned well site plugging, remediation, and restoration. TITLE VII—ABANDONED MINE LAND RECLAMATION Sec. 40701. Abandoned Mine Reclamation Fund authorization of appropriations. Sec. 40702. Abandoned mine reclamation fee. Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund. Sec. 40704. Abandoned hardrock mine reclamation. TITLE VIII—NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION Sec. 40801. Forest Service Legacy Road and Trail Remediation Program. Sec. 40802. Study and report on feasibility of revegetating reclaimed mine sites. Sec. 40803. Wildfire risk reduction. Sec. 40804. Ecosystem restoration. Sec. 40805. GAO study. Sec. 40806. Establishment of fuel breaks in forests and other wildland vegetation. Sec. 40807. Emergency actions. Sec. 40808. Joint Chiefs Landscape Restoration Partnership program. TITLE IX—WESTERN WATER INFRASTRUCTURE Sec. 40901. Authorizations of appropriations. Sec. 40902. Water storage, groundwater storage, and conveyance projects. Sec. 40903. Small water storage and groundwater storage projects. Sec. 40904. Critical maintenance and repair. Sec. 40905. Competitive grant program for large-scale water recycling and reuse program. Sec. 40906. Drought contingency plan funding requirements. Sec. 40907. Multi-benefit projects to improve watershed health. Sec. 40908. Eligible desalination projects. Sec. 40909. Clarification of authority to use coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized Bureau of Rec- lamation water projects. Sec. 40910. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects. TITLE X—AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020 Sec. 41001. Energy storage demonstration projects. Sec. 41002. Advanced reactor demonstration program. Sec. 41003. Mineral security projects. Sec. 41004. Carbon capture demonstration and pilot programs. Sec. 41005. Direct air capture technologies prize competitions. Sec. 41006. Water power projects. Sec. 41007. Renewable energy projects. Sec. 41008. Industrial emissions demonstration projects. TITLE XI—WAGE RATE REQUIREMENTS Sec. 41101. Wage rate requirements. TITLE XII—MISCELLANEOUS Sec. 41201. Office of Clean Energy Demonstrations. Sec. 41202. Extension of Secure Rural Schools and Community Self-Determination Act of 2000. DIVISION E—DRINKING WATER AND WASTEWATER INFRASTRUCTURE Sec. 50001. Short title. H. R. 3684—10 Sec. 50002. Definition of Administrator. TITLE I—DRINKING WATER Sec. 50101. Technical assistance and grants for emergencies affecting public water systems. Sec. 50102. Drinking water State revolving loan funds. Sec. 50103. Source water petition program. Sec. 50104. Assistance for small and disadvantaged communities. Sec. 50105. Reducing lead in drinking water. Sec. 50106. Operational sustainability of small public water systems. Sec. 50107. Midsize and large drinking water system infrastructure resilience and sustainability program. Sec. 50108. Needs assessment for nationwide rural and urban low-income commu- nity water assistance. Sec. 50109. Rural and low-income water assistance pilot program. Sec. 50110. Lead contamination in school drinking water. Sec. 50111. Indian reservation drinking water program. Sec. 50112. Advanced drinking water technologies. Sec. 50113. Cybersecurity support for public water systems. Sec. 50114. State response to contaminants. Sec. 50115. Annual study on boil water advisories. TITLE II—CLEAN WATER Sec. 50201. Research, investigations, training, and information. Sec. 50202. Wastewater efficiency grant pilot program. Sec. 50203. Pilot program for alternative water source projects. Sec. 50204. Sewer overflow and stormwater reuse municipal grants. Sec. 50205. Clean water infrastructure resiliency and sustainability program. Sec. 50206. Small and medium publicly owned treatment works circuit rider pro- gram. Sec. 50207. Small publicly owned treatment works efficiency grant program. Sec. 50208. Grants for construction and refurbishing of individual household decen- tralized wastewater systems for individuals with low or moderate in- come. Sec. 50209. Connection to publicly owned treatment works. Sec. 50210. Clean water State revolving funds. Sec. 50211. Water infrastructure and workforce investment. Sec. 50212. Grants to Alaska to improve sanitation in rural and Native villages. Sec. 50213. Water data sharing pilot program. Sec. 50214. Final rating opinion letters. Sec. 50215. Water infrastructure financing reauthorization. Sec. 50216. Small and disadvantaged community analysis. Sec. 50217. Stormwater infrastructure technology. Sec. 50218. Water Reuse Interagency Working Group. Sec. 50219. Advanced clean water technologies study. Sec. 50220. Clean watersheds needs survey. Sec. 50221. Water Resources Research Act amendments. Sec. 50222. Enhanced aquifer use and recharge. DIVISION F—BROADBAND TITLE I—BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES Sec. 60101. Findings. Sec. 60102. Grants for broadband deployment. Sec. 60103. Broadband DATA maps. Sec. 60104. Report on future of Universal Service Fund. Sec. 60105. Broadband deployment locations map. TITLE II—TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS. Sec. 60201. Tribal connectivity technical amendments. TITLE III—DIGITAL EQUITY ACT OF 2021 Sec. 60301. Short title. Sec. 60302. Definitions. Sec. 60303. Sense of Congress. Sec. 60304. State Digital Equity Capacity Grant Program. Sec. 60305. Digital Equity Competitive Grant Program. Sec. 60306. Policy research, data collection, analysis and modeling, evaluation, and dissemination. H. R. 3684—11 Sec. 60307. General provisions. TITLE IV—ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE Sec. 60401. Enabling middle mile broadband infrastructure. TITLE V—BROADBAND AFFORDABILITY Sec. 60501. Definitions. Sec. 60502. Broadband affordability. Sec. 60503. Coordination with certain other Federal agencies. Sec. 60504. Adoption of consumer broadband labels. Sec. 60505. GAO report. Sec. 60506. Digital discrimination. TITLE VI—TELECOMMUNICATIONS INDUSTRY WORKFORCE Sec. 60601. Short title. Sec. 60602. Telecommunications interagency working group. Sec. 60603. Telecommunications workforce guidance. Sec. 60604. GAO assessment of workforce needs of the telecommunications indus- try. DIVISION G—OTHER AUTHORIZATIONS TITLE I—INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND Sec. 70101. Indian Water Rights Settlement Completion Fund. TITLE II—WILDFIRE MITIGATION Sec. 70201. Short title. Sec. 70202. Definitions. Sec. 70203. Establishment of Commission. Sec. 70204. Duties of Commission. Sec. 70205. Powers of Commission. Sec. 70206. Commission personnel matters. Sec. 70207. Termination of Commission. TITLE III—REFORESTATION Sec. 70301. Short title. Sec. 70302. Reforestation following wildfires and other unplanned events. Sec. 70303. Report. TITLE IV—RECYCLING PRACTICES Sec. 70401. Best practices for battery recycling and labeling guidelines. Sec. 70402. Consumer recycling education and outreach grant program; Federal procurement. TITLE V—BIOPRODUCT PILOT PROGRAM Sec. 70501. Pilot program on use of agricultural commodities in construction and consumer products. TITLE VI—CYBERSECURITY Subtitle A—Cyber Response and Recovery Act Sec. 70601. Short title. Sec. 70602. Declaration of a significant incident. Subtitle B—State and Local Cybersecurity Improvement Act Sec. 70611. Short title. Sec. 70612. State and Local Cybersecurity Grant Program. TITLE VII—PUBLIC-PRIVATE PARTNERSHIPS Sec. 70701. Value for money analysis. TITLE VIII—FEDERAL PERMITTING IMPROVEMENT Sec. 70801. Federal permitting improvement. TITLE IX—BUILD AMERICA, BUY AMERICA Subtitle A—Build America, Buy America Sec. 70901. Short title. PART I—BUY AMERICA SOURCING REQUIREMENTS Sec. 70911. Findings. H. R. 3684—12 Sec. 70912. Definitions. Sec. 70913. Identification of deficient programs. Sec. 70914. Application of Buy America preference. Sec. 70915. OMB guidance and standards. Sec. 70916. Technical assistance partnership and consultation supporting Depart- ment of Transportation Buy America requirements. Sec. 70917. Application. PART II—MAKE IT IN AMERICA Sec. 70921. Regulations relating to Buy American Act. Sec. 70922. Amendments relating to Buy American Act. Sec. 70923. Made in America Office. Sec. 70924. Hollings Manufacturing Extension Partnership activities. Sec. 70925. United States obligations under international agreements. Sec. 70926. Definitions. Sec. 70927. Prospective amendments to internal cross-references. Subtitle B—BuyAmerican.gov Sec. 70931. Short title. Sec. 70932. Definitions. Sec. 70933. Sense of Congress on buying American. Sec. 70934. Assessment of impact of free trade agreements. Sec. 70935. Judicious use of waivers. Sec. 70936. Establishment of BuyAmerican.gov website. Sec. 70937. Waiver Transparency and Streamlining for contracts. Sec. 70938. Comptroller General report. Sec. 70939. Rules of construction. Sec. 70940. Consistency with international agreements. Sec. 70941. Prospective amendments to internal cross-references. Subtitle C—Make PPE in America Sec. 70951. Short title. Sec. 70952. Findings. Sec. 70953. Requirement of long-term contracts for domestically manufactured per- sonal protective equipment. TITLE X—ASSET CONCESSIONS Sec. 71001. Asset concessions. TITLE XI—CLEAN SCHOOL BUSES AND FERRIES Sec. 71101. Clean school bus program. Sec. 71102. Electric or low-emitting ferry pilot program. Sec. 71103. Ferry service for rural communities. Sec. 71104. Expanding the funding authority for renovating, constructing, and ex- panding certain facilities. DIVISION H—REVENUE PROVISIONS TITLE I—HIGHWAY TRUST FUND Sec. 80101. Extension of Highway Trust Fund expenditure authority. Sec. 80102. Extension of highway-related taxes. Sec. 80103. Further additional transfers to trust fund. TITLE II—CHEMICAL SUPERFUND Sec. 80201. Extension and modification of certain superfund excise taxes. TITLE III—CUSTOMS USER FEES Sec. 80301. Extension of customs user fees. TITLE IV—BOND PROVISIONS Sec. 80401. Private activity bonds for qualified broadband projects. Sec. 80402. Carbon dioxide capture facilities. Sec. 80403. Increase in national limitation amount for qualified highway or surface freight transportation facilities. TITLE V—RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL EVENTS Sec. 80501. Modification of automatic extension of certain deadlines in the case of taxpayers affected by Federally declared disasters. H. R. 3684—13 Sec. 80502. Modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation. Sec. 80503. Tolling of time for filing a petition with the tax court. Sec. 80504. Authority to postpone certain tax deadlines by reason of significant fires. TITLE VI—OTHER PROVISIONS Sec. 80601. Modification of tax treatment of contributions to the capital of a cor- poration. Sec. 80602. Extension of interest rate stabilization. Sec. 80603. Information reporting for brokers and digital assets. Sec. 80604. Termination of employee retention credit for employers subject to clo- sure due to COVID–19. DIVISION I—OTHER MATTERS Sec. 90001. Extension of direct spending reductions through fiscal year 2031. Sec. 90002. Strategic Petroleum Reserve drawdown and sale. Sec. 90003. Findings regarding unused unemployment insurance funds. Sec. 90004. Requiring manufacturers of certain single-dose container or single-use package drugs payable under part B of the Medicare program to provide refunds with respect to discarded amounts of such drugs. Sec. 90005. Extension of enterprise guarantee fees. Sec. 90006. Moratorium on implementation of rule relating to eliminating the anti- kickback statute safe harbor protection for prescription drug rebates. Sec. 90007. Rescission of COVID–19 appropriations. Sec. 90008. Spectrum auctions. DIVISION J—APPROPRIATIONS TITLE I—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES TITLE II—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES TITLE III—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES TITLE IV—FINANCIAL SERVICES AND GENERAL GOVERNMENT TITLE V—DEPARTMENT OF HOMELAND SECURITY TITLE VI—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES TITLE VII—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES TITLE VIII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES TITLE IX—GENERAL PROVISIONS—THIS DIVISION DIVISION K—MINORITY BUSINESS DEVELOPMENT Sec. 100001. Short title. Sec. 100002. Definitions. Sec. 100003. Minority Business Development Agency. TITLE I—EXISTING INITIATIVES Subtitle A—Market Development, Research, and Information Sec. 100101. Private sector development. Sec. 100102. Public sector development. Sec. 100103. Research and information. Subtitle B—Minority Business Development Agency Business Center Program Sec. 100111. Definition. Sec. 100112. Purpose. Sec. 100113. Establishment. Sec. 100114. Grants and cooperative agreements. Sec. 100115. Minimizing disruptions to existing MBDA Business Center program. Sec. 100116. Publicity. TITLE II—NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY BUSINESSES Sec. 100201. Annual diverse business forum on capital formation. H. R. 3684—14 Sec. 100202. Agency study on alternative financing solutions. Sec. 100203. Educational development relating to management and entrepreneur- ship. TITLE III—RURAL MINORITY BUSINESS CENTER PROGRAM Sec. 100301. Definitions. Sec. 100302. Business centers. Sec. 100303. Report to Congress. Sec. 100304. Study and report. TITLE IV—MINORITY BUSINESS DEVELOPMENT GRANTS Sec. 100401. Grants to nonprofit organizations that support minority business en- terprises. TITLE V—MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL Sec. 100501. Purpose. Sec. 100502. Composition and term. Sec. 100503. Duties. TITLE VI—FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS Sec. 100601. General duties. Sec. 100602. Participation of Federal departments and agencies. TITLE VII—ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS Sec. 100701. Administrative powers. Sec. 100702. Federal assistance. Sec. 100703. Recordkeeping. Sec. 100704. Review and report by Comptroller General. Sec. 100705. Biannual reports; recommendations. Sec. 100706. Separability. Sec. 100707. Executive Order 11625. Sec. 100708. Authorization of appropriations. SEC. 2. REFERENCES. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. H. R. 3684—15 DIVISION A—SURFACE TRANSPORTATION SEC. 10001. SHORT TITLE. This division may be cited as the ‘‘Surface Transportation Reauthorization Act of 2021’’. SEC. 10002. DEFINITIONS. In this division: (1) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. SEC. 10003. EFFECTIVE DATE. Except as otherwise provided, this division and the amend- ments made by this division take effect on October 1, 2021. TITLE I—FEDERAL-AID HIGHWAYS Subtitle A—Authorizations and Programs SEC. 11101. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) FEDERAL-AID HIGHWAY PROGRAM.—For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection (c) of the PROTECT program under section 176 of that title, and to carry out section 134 of that title— (A) $52,488,065,375 for fiscal year 2022; (B) $53,537,826,683 for fiscal year 2023; (C) $54,608,583,217 for fiscal year 2024; (D) $55,700,754,881 for fiscal year 2025; and (E) $56,814,769,844 for fiscal year 2026. (2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM.—For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026. (3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PRO- GRAMS.— (A) TRIBAL TRANSPORTATION PROGRAM.—For the tribal transportation program under section 202 of title 23, United States Code— (i) $578,460,000 for fiscal year 2022; (ii) $589,960,000 for fiscal year 2023; (iii) $602,460,000 for fiscal year 2024; H. R. 3684—16 (iv) $612,960,000 for fiscal year 2025; and (v) $627,960,000 for fiscal year 2026. (B) FEDERAL LANDS TRANSPORTATION PROGRAM.— (i) IN GENERAL.—For the Federal lands transpor- tation program under section 203 of title 23, United States Code— (I) $421,965,000 for fiscal year 2022; (II) $429,965,000 for fiscal year 2023; (III) $438,965,000 for fiscal year 2024; (IV) $447,965,000 for fiscal year 2025; and (V) $455,965,000 for fiscal year 2026. (ii) ALLOCATION.—Of the amount made available for a fiscal year under clause (i)— (I) the amount for the National Park Service is— (aa) $332,427,450 for fiscal year 2022; (bb) $338,867,450 for fiscal year 2023; (cc) $346,237,450 for fiscal year 2024; (dd) $353,607,450 for fiscal year 2025; and (ee) $360,047,450 for fiscal year 2026; (II) the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and (III) the amount for the Forest Service is— (aa) $24,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $26,000,000 for fiscal year 2024; (dd) $27,000,000 for fiscal year 2025; and (ee) $28,000,000 for fiscal year 2026. (C) FEDERAL LANDS ACCESS PROGRAM.—For the Federal lands access program under section 204 of title 23, United States Code— (i) $285,975,000 for fiscal year 2022; (ii) $291,975,000 for fiscal year 2023; (iii) $296,975,000 for fiscal year 2024; (iv) $303,975,000 for fiscal year 2025; and (v) $308,975,000 for fiscal year 2026. (4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.— For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code— (A) $219,000,000 for fiscal year 2022; (B) $224,000,000 for fiscal year 2023; (C) $228,000,000 for fiscal year 2024; (D) $232,500,000 for fiscal year 2025; and (E) $237,000,000 for fiscal year 2026. (5) NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.—For nationally significant freight and highway projects under section 117 of title 23, United States Code— (A) $1,000,000,000 for fiscal year 2022; (B) $1,000,000,000 for fiscal year 2023; (C) $1,000,000,000 for fiscal year 2024; (D) $900,000,000 for fiscal year 2025; and (E) $900,000,000 for fiscal year 2026. (b) OTHER PROGRAMS.— (1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): H. R. 3684—17 (A) BRIDGE INVESTMENT PROGRAM.—To carry out the bridge investment program under section 124 of title 23, United States Code— (i) $600,000,000 for fiscal year 2022; (ii) $640,000,000 for fiscal year 2023; (iii) $650,000,000 for fiscal year 2024; (iv) $675,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (B) CONGESTION RELIEF PROGRAM.—To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. (C) CHARGING AND FUELING INFRASTRUCTURE GRANTS.—To carry out section 151(f) of title 23, United States Code— (i) $300,000,000 for fiscal year 2022; (ii) $400,000,000 for fiscal year 2023; (iii) $500,000,000 for fiscal year 2024; (iv) $600,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (D) RURAL SURFACE TRANSPORTATION GRANT PRO- GRAM.—To carry out the rural surface transportation grant program under section 173 of title 23, United States Code— (i) $300,000,000 for fiscal year 2022; (ii) $350,000,000 for fiscal year 2023; (iii) $400,000,000 for fiscal year 2024; (iv) $450,000,000 for fiscal year 2025; and (v) $500,000,000 for fiscal year 2026. (E) PROTECT GRANTS.— (i) IN GENERAL.—To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026— (I) $250,000,000 for fiscal year 2022; (II) $250,000,000 for fiscal year 2023; (III) $300,000,000 for fiscal year 2024; (IV) $300,000,000 for fiscal year 2025; and (V) $300,000,000 for fiscal year 2026. (ii) ALLOCATION.—Of the amounts made available under clause (i)— (I) for planning grants under paragraph (3) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; (II) for resilience improvement grants under paragraph (4)(A) of that subsection— (aa) $175,000,000 for fiscal year 2022; (bb) $175,000,000 for fiscal year 2023; (cc) $210,000,000 for fiscal year 2024; (dd) $210,000,000 for fiscal year 2025; and (ee) $210,000,000 for fiscal year 2026; (III) for community resilience and evacuation route grants under paragraph (4)(B) of that sub- section— H. R. 3684—18 (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; and (IV) for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026. (F) REDUCTION OF TRUCK EMISSIONS AT PORT FACILI- TIES.— (i) IN GENERAL.—To carry out the reduction of truck emissions at port facilities under section 11402, $50,000,000 for each of fiscal years 2022 through 2026. (ii) TREATMENT.—Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (G) NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS.— (i) IN GENERAL.—To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94), $55,000,000 for each of fiscal years 2022 through 2026. (ii) TREATMENT.—Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (2) GENERAL FUND.— (A) BRIDGE INVESTMENT PROGRAM.— (i) IN GENERAL.—In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code— (I) $600,000,000 for fiscal year 2022; (II) $640,000,000 for fiscal year 2023; (III) $650,000,000 for fiscal year 2024; (IV) $675,000,000 for fiscal year 2025; and (V) $700,000,000 for fiscal year 2026. (ii) ALLOCATION.—Amounts made available under clause (i) shall be allocated in the same manner as if made available under paragraph (1)(A). (B) NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM.—In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) $300,000,000 for each of fiscal years 2022 through 2026. (C) HEALTHY STREETS PROGRAM.—There is authorized to be appropriated to carry out the Healthy Streets program under section 11406 $100,000,000 for each of fiscal years 2022 through 2026. H. R. 3684—19 (D) TRANSPORTATION RESILIENCE AND ADAPTATION CEN- TERS OF EXCELLENCE.—There is authorized to be appro- priated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026. (E) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT PROGRAM.—There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 13006(e) $15,000,000 for each of fiscal years 2022 through 2026. (c) RESEARCH, TECHNOLOGY, AND EDUCATION AUTHORIZA- TIONS.— (1) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.— To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026. (B) TECHNOLOGY AND INNOVATION DEPLOYMENT PRO- GRAM.—To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (C) TRAINING AND EDUCATION.—To carry out section 504 of title 23, United States Code— (i) $25,000,000 for fiscal year 2022; (ii) $25,250,000 for fiscal year 2023; (iii) $25,500,000 for fiscal year 2024; (iv) $25,750,000 for fiscal year 2025; and (v) $26,000,000 for fiscal year 2026. (D) INTELLIGENT TRANSPORTATION SYSTEMS PRO- GRAM.—To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (E) UNIVERSITY TRANSPORTATION CENTERS PROGRAM.— To carry out section 5505 of title 49, United States Code— (i) $80,000,000 for fiscal year 2022; (ii) $80,500,000 for fiscal year 2023; (iii) $81,000,000 for fiscal year 2024; (iv) $81,500,000 for fiscal year 2025; and (v) $82,000,000 for fiscal year 2026. (F) BUREAU OF TRANSPORTATION STATISTICS.—To carry out chapter 63 of title 49, United States Code— (i) $26,000,000 for fiscal year 2022; (ii) $26,250,000 for fiscal year 2023; (iii) $26,500,000 for fiscal year 2024; (iv) $26,750,000 for fiscal year 2025; and (v) $27,000,000 for fiscal year 2026. (2) ADMINISTRATION.—The Federal Highway Administra- tion shall— (A) administer the programs described in subpara- graphs (A), (B), and (C) of paragraph (1); and (B) in consultation with relevant modal administra- tions, administer the programs described in paragraph (1)(D). (3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.— Amounts authorized to be appropriated by paragraph (1) shall— H. R. 3684—20 (A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly pro- vided by this division (including the amendments by this division) or otherwise determined by the Secretary; and (B) remain available until expended and not be transferable, except as otherwise provided by this division. (d) PILOT PROGRAMS.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) WILDLIFE CROSSINGS PILOT PROGRAM.—For the wildlife crossings pilot program under section 171 of title 23, United States Code— (A) $60,000,000 for fiscal year 2022; (B) $65,000,000 for fiscal year 2023; (C) $70,000,000 for fiscal year 2024; (D) $75,000,000 for fiscal year 2025; and (E) $80,000,000 for fiscal year 2026. (2) PRIORITIZATION PROCESS PILOT PROGRAM.— (A) IN GENERAL.—For the prioritization process pilot program under section 11204, $10,000,000 for each of fiscal years 2022 through 2026. (B) TREATMENT.—Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (3) RECONNECTING COMMUNITIES PILOT PROGRAM.— (A) PLANNING GRANTS.—For planning grants under the reconnecting communities pilot program under section 11509(c), $30,000,000 for each of fiscal years 2022 through 2026. (B) CAPITAL CONSTRUCTION GRANTS.—For capital construction grants under the reconnecting communities pilot program under section 11509(d)— (i) $65,000,000 for fiscal year 2022; (ii) $68,000,000 for fiscal year 2023; (iii) $70,000,000 for fiscal year 2024; (iv) $72,000,000 for fiscal year 2025; and (v) $75,000,000 for fiscal year 2026. (C) TREATMENT.—Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended. (e) DISADVANTAGED BUSINESS ENTERPRISES.— (1) FINDINGS.—Congress finds that— (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; H. R. 3684—21 (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination law- suits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participa- tion in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2) DEFINITIONS.—In this subsection: (A) SMALL BUSINESS CONCERN.— (i) IN GENERAL.—The term ‘‘small business con- cern’’ means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)). (ii) EXCLUSIONS.—The term ‘‘small business con- cern’’ does not include any concern or group of concerns controlled by the same socially and economically dis- advantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation. (B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term ‘‘socially and economically dis- advantaged individuals’’ has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) AMOUNTS FOR SMALL BUSINESS CONCERNS.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division (other than section 14004), division C, and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (4) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER- PRISES.—Each State shall annually— (A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and (B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— H. R. 3684—22 (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5) UNIFORM CERTIFICATION.— (A) IN GENERAL.—The Secretary shall establish min- imum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) INCLUSIONS.—The minimum uniform criteria estab- lished under subparagraph (A) shall include, with respect to a potential small business concern— (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6) REPORTING.—The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary— (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvan- taged business enterprise program. (7) COMPLIANCE WITH COURT ORDERS.—Nothing in this sub- section limits the eligibility of an individual or entity to receive funds made available under this division, division C, and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with para- graph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional. (8) SENSE OF CONGRESS ON PROMPT PAYMENT OF DBE SUB- CONTRACTORS.—It is the sense of Congress that— (A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enter- prises prompt payment rule), or any corresponding regula- tion, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and (B) such additional steps should include increasing the ability of the Department to track and keep records of complaints and to make that information publicly avail- able. SEC. 11102. OBLIGATION CEILING. (a) GENERAL LIMITATION.—Subject to subsection (e), and not- withstanding any other provision of law, the obligations for Federal- H. R. 3684—23 aid highway and highway safety construction programs shall not exceed— (1) $57,473,430,072 for fiscal year 2022; (2) $58,764,510,674 for fiscal year 2023; (3) $60,095,782,888 for fiscal year 2024; (4) $61,314,170,545 for fiscal year 2025; and (5) $62,657,105,821 for fiscal year 2026. (b) EXCEPTIONS.—The limitations under subsection (a) shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); (13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and (14) section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years). (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal years 2022 through 2026, the Secretary— (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and H. R. 3684—24 (B) amounts authorized for the Bureau of Transpor- tation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid high- way and highway safety construction programs for previous fiscal years the funds for which are allocated by the Sec- retary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) shall determine the proportion that— (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distrib- uted under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construc- tion programs (other than sums authorized to be appro- priated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this division and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the pro- grams that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appro- priated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. H. R. 3684—25 (d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Not- withstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026— (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 (Public Law 112–141; 126 Stat. 405)) and 104 of title 23, United States Code. (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPOR- TATION RESEARCH PROGRAMS.— (1) IN GENERAL.—Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs car- ried out under chapter 5 of title 23, United States Code. (2) EXCEPTION.—Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and high- way safety construction programs for future fiscal years. (f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— (1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) RATIO.—Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) AVAILABILITY.—Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. SEC. 11103. DEFINITIONS. Section 101(a) of title 23, United States Code, is amended— (1) in paragraph (4)— (A) in subparagraph (A), by inserting ‘‘assessing resil- ience,’’ after ‘‘surveying,’’; (B) in subparagraph (G), by striking ‘‘and’’ at the end; (C) by redesignating subparagraph (H) as subpara- graph (I); and (D) by inserting after subparagraph (G) the following: H. R. 3684—26 ‘‘(H) improvements that reduce the number of wildlife- vehicle collisions, such as wildlife crossing structures; and’’; (2) by redesignating paragraphs (17) through (34) as para- graphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively; (3) by inserting after paragraph (16) the following: ‘‘(17) NATURAL INFRASTRUCTURE.—The term ‘natural infra- structure’ means infrastructure that uses, restores, or emulates natural ecological processes and— ‘‘(A) is created through the action of natural physical, geological, biological, and chemical processes over time; ‘‘(B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or ‘‘(C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.’’; (4) by inserting after paragraph (23) (as so redesignated) the following: ‘‘(24) RESILIENCE.—The term ‘resilience’, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability— ‘‘(A)(i) to resist hazards or withstand impacts from weather events and natural disasters; or ‘‘(ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and ‘‘(B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.’’; and (5) in subparagraph (A) of paragraph (32) (as so redesig- nated)— (A) by striking the period at the end and inserting ‘‘; and’’; (B) by striking ‘‘through the implementation’’ and inserting the following: ‘‘through— ‘‘(i) the implementation’’; and (C) by adding at the end the following: ‘‘(ii) the consideration of incorporating natural infrastructure.’’. SEC. 11104. APPORTIONMENT. (a) ADMINISTRATIVE EXPENSES.—Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: ‘‘(A) $490,964,697 for fiscal year 2022; ‘‘(B) $500,783,991 for fiscal year 2023; ‘‘(C) $510,799,671 for fiscal year 2024; ‘‘(D) $521,015,664 for fiscal year 2025; and ‘‘(E) $531,435,977 for fiscal year 2026.’’. (b) DIVISION AMONG PROGRAMS OF STATE SHARE.—Section 104(b) of title 23, United States Code, is amended in subsection (b)— H. R. 3684—27 (1) in the matter preceding paragraph (1), by inserting ‘‘the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,’’ before ‘‘and to carry out section 134’’; (2) in paragraph (1), by striking ‘‘63.7 percent’’ and inserting ‘‘59.0771195921461 percent’’; (3) in paragraph (2), by striking ‘‘29.3 percent’’ and inserting ‘‘28.7402203421251 percent’’; (4) in paragraph (3), by striking ‘‘7 percent’’ and inserting ‘‘6.70605141316253 percent’’; (5) by striking paragraph (4) and inserting the following: ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVE- MENT PROGRAM.— ‘‘(A) IN GENERAL.—For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C). ‘‘(B) TOTAL AMOUNT.—The total amount for the conges- tion mitigation and air quality improvement program for all States shall be— ‘‘(i) $2,536,490,803 for fiscal year 2022; ‘‘(ii) $2,587,220,620 for fiscal year 2023; ‘‘(iii) $2,638,965,032 for fiscal year 2024; ‘‘(iv) $2,691,744,332 for fiscal year 2025; and ‘‘(v) $2,745,579,213 for fiscal year 2026. ‘‘(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement pro- gram under subparagraph (B) so that each State receives an amount equal to the proportion that— ‘‘(i) the amount apportioned to the State for the congestion mitigation and air quality improvement pro- gram for fiscal year 2020; bears to ‘‘(ii) the total amount of funds apportioned to all States for that program for fiscal year 2020.’’; (6) in paragraph (5)— (A) by striking subparagraph (B) and inserting the following: ‘‘(B) TOTAL AMOUNT.—The total amount set aside for the national highway freight program for all States shall be— ‘‘(i) $1,373,932,519 for fiscal year 2022; ‘‘(ii) $1,401,411,169 for fiscal year 2023; ‘‘(iii) $1,429,439,392 for fiscal year 2024; ‘‘(iv) $1,458,028,180 for fiscal year 2025; and ‘‘(v) $1,487,188,740 for fiscal year 2026.’’; and (B) by striking subparagraph (D); and (7) by striking paragraph (6) and inserting the following: ‘‘(6) METROPOLITAN PLANNING.— ‘‘(A) IN GENERAL.—To carry out section 134, an amount determined for the State under subparagraphs (B) and (C). ‘‘(B) TOTAL AMOUNT.—The total amount for metropoli- tan planning for all States shall be— ‘‘(i) $ 438,121,139 for fiscal year 2022; ‘‘(ii) $446,883,562 for fiscal year 2023; ‘‘(iii) $455,821,233 for fiscal year 2024; ‘‘(iv) $464,937,657 for fiscal year 2025; and H. R. 3684—28 ‘‘(v) $474,236,409 for fiscal year 2026. ‘‘(C) STATE SHARE.—For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that— ‘‘(i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to ‘‘(ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020. ‘‘(7) CARBON REDUCTION PROGRAM.—For the carbon reduc- tion program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under para- graphs (4), (5), and (6). ‘‘(8) PROTECT FORMULA PROGRAM.—To carry out sub- section (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after dis- tributing amounts under paragraphs (4), (5), and (6).’’. (c) CALCULATION OF AMOUNTS.—Section 104(c) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking ‘‘each of fiscal years 2016 through 2020’’ and inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’; (B) in subparagraph (A)— (i) by striking clause (i) and inserting the following: ‘‘(i) the base apportionment; by’’; and (ii) in clause (ii)(I), by striking ‘‘fiscal year 2015’’ and inserting ‘‘fiscal year 2021’’; and (C) by striking subparagraph (B) and inserting the following: ‘‘(B) GUARANTEED AMOUNTS.—The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is— ‘‘(i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are— ‘‘(I) attributable to highway users in the State; and ‘‘(II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date; ‘‘(ii) at least 2 percent greater than the apportion- ment that the State received for fiscal year 2021; and ‘‘(iii) at least 1 percent greater than the apportion- ment that the State received for the previous fiscal year.’’; and (2) in paragraph (2)— (A) by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal year 2022 and each fiscal year thereafter’’; and (B) by inserting ‘‘the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,’’ before ‘‘and to carry out section 134’’. H. R. 3684—29 (d) METROPOLITAN PLANNING.—Section 104(d)(1)(A) of title 23, United States Code, is amended by striking ‘‘paragraphs (5)(D) and (6) of subsection (b)’’ each place it appears and inserting ‘‘sub- section (b)(6)’’. (e) SUPPLEMENTAL FUNDS.—Section 104 of title 23, United States Code, is amended by striking subsection (h). (f) BASE APPORTIONMENT DEFINED.—Section 104 of title 23, United States Code, is amended— (1) by redesignating subsection (i) as subsection (h); and (2) in subsection (h) (as so redesignated)— (A) by striking ‘‘means’’ in the matter preceding para- graph (1) and all that follows through ‘‘the combined amount’’ in paragraph (1) and inserting ‘‘means the com- bined amount’’; (B) by striking ‘‘and to carry out section 134; minus’’ and inserting ‘‘the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.’’; and (C) by striking paragraph (2). SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. Section 119 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(4) to provide support for activities to increase the resil- iency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, wildfires, or other natural disasters.’’; (2) in subsection (d)(2), by adding at the end the following: ‘‘(Q) Undergrounding public utility infrastructure car- ried out in conjunction with a project otherwise eligible under this section. ‘‘(R) Resiliency improvements on the National Highway System, including protective features described in sub- section (k)(2). ‘‘(S) Implement activities to protect segments of the National Highway System from cybersecurity threats.’’; (3) in subsection (e)(4)(D), by striking ‘‘analysis’’ and inserting ‘‘analyses, both of which shall take into consideration extreme weather and resilience’’; and (4) by adding at the end the following: ‘‘(k) PROTECTIVE FEATURES.— ‘‘(1) IN GENERAL.—A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National High- way System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disas- ters. ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A protective fea- ture referred to in paragraph (1) includes— ‘‘(A) raising roadway grades; H. R. 3684—30 ‘‘(B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas; ‘‘(C) stabilizing slide areas; ‘‘(D) stabilizing slopes; ‘‘(E) lengthening or raising bridges to increase water- way openings; ‘‘(F) increasing the size or number of drainage struc- tures; ‘‘(G) replacing culverts with bridges or upsizing cul- verts; ‘‘(H) installing seismic retrofits on bridges; ‘‘(I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and ‘‘(J) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disas- ters. ‘‘(3) SAVINGS PROVISION.—Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).’’. SEC. 11106. EMERGENCY RELIEF. Section 125 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting ‘‘wildfire,’’ after ‘‘severe storm,’’; (2) by striking subsection (b) and inserting the following: ‘‘(b) RESTRICTION ON ELIGIBILITY.—Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration.’’; and (3) in subsection (d)— (A) in paragraph (2)(A)— (i) by striking the period at the end and inserting ‘‘; and’’; (ii) by striking ‘‘a facility that meets the current’’ and inserting the following: ‘‘a facility that— ‘‘(i) meets the current’’; and (iii) by adding at the end the following: ‘‘(ii) incorporates economically justifiable improve- ments that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters.’’; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ‘‘(3) PROTECTIVE FEATURES.— ‘‘(A) IN GENERAL.—The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protec- tive feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. H. R. 3684—31 ‘‘(B) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in subparagraph (A) includes— ‘‘(i) raising roadway grades; ‘‘(ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; ‘‘(iii) stabilizing slide areas; ‘‘(iv) stabilizing slopes; ‘‘(v) lengthening or raising bridges to increase waterway openings; ‘‘(vi) increasing the size or number of drainage structures; ‘‘(vii) replacing culverts with bridges or upsizing culverts; ‘‘(viii) installing seismic retrofits on bridges; ‘‘(ix) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and ‘‘(x) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other nat- ural disasters.’’. SEC. 11107. FEDERAL SHARE PAYABLE. Section 120 of title 23, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1), in the first sentence, by inserting ‘‘vehicle-to-infrastructure communication equipment,’’ after ‘‘breakaway utility poles,’’; (B) in subparagraph (3)(B)— (i) in clause (v), by striking ‘‘or’’ at the end; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: ‘‘(vi) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or’’; and (C) by adding at the end the following: ‘‘(4) POOLED FUNDING.—Notwithstanding any other provi- sion of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether— ‘‘(A) decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and ‘‘(B) the project or activity addresses national or regional high priority research, development, and tech- nology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations.’’; (2) in subsection (e)— (A) in paragraph (1), by striking ‘‘180 days’’ and inserting ‘‘270 days’’; and (B) in paragraph (4), by striking ‘‘permanent’’; and (3) by adding at the end the following: ‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT PROGRAM.— H. R. 3684—32 ‘‘(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of the Surface Transportation Reauthoriza- tion Act of 2021, the Secretary shall establish a pilot program (referred to in this subsection as the ‘pilot program’) to give States additional flexibility with respect to the Federal require- ments under this section. ‘‘(2) PROGRAM.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of law, a State participating in the pilot program (referred to in this subsection as a ‘participating State’) may determine the Federal share on a project, multiple- project, or program basis for projects under any of the following: ‘‘(i) The national highway performance program under section 119. ‘‘(ii) The surface transportation block grant pro- gram under section 133. ‘‘(iii) The highway safety improvement program under section 148. ‘‘(iv) The congestion mitigation and air quality improvement program under section 149. ‘‘(v) The national highway freight program under section 167. ‘‘(vi) The carbon reduction program under section 175. ‘‘(vii) Subsection (c) of the PROTECT program under section 176. ‘‘(B) REQUIREMENTS.— ‘‘(i) MAXIMUM FEDERAL SHARE.—Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent. ‘‘(ii) MINIMUM FEDERAL SHARE.—No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent. ‘‘(iii) DETERMINATION.—The average annual Fed- eral share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. ‘‘(C) SELECTION.— ‘‘(i) APPLICATION.—A State seeking to be a partici- pating State shall— ‘‘(I) submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and ‘‘(II) have in place adequate financial controls to allow the State to determine the average annual H. R. 3684—33 Federal share requirements under the pilot pro- gram. ‘‘(ii) REQUIREMENT.—For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States.’’. SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS. (a) IN GENERAL.—Section 130(e) of title 23, United States Code, is amended— (1) in the heading, by striking ‘‘PROTECTIVE DEVICES’’ and inserting ‘‘RAILWAY-HIGHWAY GRADE CROSSINGS’’; and (2) in paragraph (1)— (A) in subparagraph (A), by striking ‘‘and the installa- tion of protective devices at railway-highway crossings’’ in the matter preceding clause (i) and all that follows through ‘‘2020.’’ in clause (v) and inserting the following: ‘‘, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.’’; and (B) by striking subparagraph (B) and inserting the following: ‘‘(B) REDUCING TRESPASSING FATALITIES AND INJURIES.—A State may use funds set aside under subpara- graph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.’’. (b) FEDERAL SHARE.—Section 130(f)(3) of title 23, United States Code, is amended by striking ‘‘90 percent’’ and inserting ‘‘100 per- cent’’. (c) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING CLOSURES.— Section 130(i)(3)(B) of title 23, United States Code, is amended by striking ‘‘$7,500’’ and inserting ‘‘$100,000’’. (d) EXPENDITURE OF FUNDS.—Section 130(k) of title 23, United States Code, is amended by striking ‘‘2 percent’’ and inserting ‘‘8 percent’’. (e) GAO STUDY.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code. (f) SENSE OF CONGRESS RELATING TO TRESPASSER DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights- of-way and at or near railway-highway crossings. SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. (a) IN GENERAL.—Section 133 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B)— (I) by adding ‘‘or’’ at the end; (II) by striking ‘‘facilities eligible’’ and inserting the following: ‘‘facilities— ‘‘(i) that are eligible’’; and (III) by adding at the end the following: H. R. 3684—34 ‘‘(ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);’’; (ii) in subparagraph (E), by striking ‘‘and’’ at the end; (iii) in subparagraph (F), by striking the period at the end and inserting ‘‘; and’’; and (iv) by adding at the end the following: ‘‘(G) wildlife crossing structures.’’; (B) in paragraph (3), by inserting ‘‘148(a)(4)(B)(xvii),’’ after ‘‘119(g),’’; (C) by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20), (21), and (22), respectively; (D) in paragraph (5) (as so redesignated), by striking ‘‘railway-highway grade crossings’’ and inserting ‘‘projects eligible under section 130 and installation of safety barriers and nets on bridges’’; (E) in paragraph (7) (as so redesignated)— (i) by inserting ‘‘including the maintenance and restoration of existing recreational trails,’’ after ‘‘sec- tion 206’’; and (ii) by striking ‘‘the safe routes to school program under section 1404 of SAFETEA–LU (23 U.S.C. 402 note)’’ and inserting ‘‘the safe routes to school program under section 208’’; (F) by inserting after paragraph (13) (as so redesig- nated) the following: ‘‘(14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative mainte- nance. ‘‘(15) The installation of electric vehicle charging infrastruc- ture and vehicle-to-grid infrastructure. ‘‘(16) The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users. ‘‘(17) Planning and construction of projects that facilitate intermodal connections between emerging transportation tech- nologies, such as magnetic levitation and hyperloop. ‘‘(18) Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section. ‘‘(19) Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats.’’; and (G) by adding at the end the following: ‘‘(23) Rural barge landing, dock, and waterfront infrastruc- ture projects in accordance with subsection (j). ‘‘(24) Projects to enhance travel and tourism.’’; (2) in subsection (c)— (A) in paragraph (2), by striking ‘‘paragraphs (4) through (11)’’ and inserting ‘‘paragraphs (5) through (15) and paragraph (23)’’; H. R. 3684—35 (B) in paragraph (3), by striking ‘‘and’’ at the end; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following: ‘‘(4) for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and’’; (3) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking ‘‘reservation’’ and inserting ‘‘set aside’’; and (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking ‘‘the percentage specified in paragraph (6) for a fiscal year’’ and inserting ‘‘55 percent for each of fiscal years 2022 through 2026’’; and (II) by striking clauses (ii) and (iii) and inserting the following: ‘‘(ii) in urbanized areas of the State with an urban- ized area population of not less than 50,000 and not more than 200,000; ‘‘(iii) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and ‘‘(iv) in other areas of the State with a population less than 5,000; and’’; (B) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) LOCAL CONSULTATION.— ‘‘(A) CONSULTATION WITH METROPOLITAN PLANNING ORGANIZATIONS.—For purposes of clause (ii) of paragraph (1)(A), a State shall— ‘‘(i) establish a process to consult with all metro- politan planning organizations in the State that rep- resent an urbanized area described in that clause; and ‘‘(ii) describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026. ‘‘(B) CONSULTATION WITH REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS.—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation plan- ning organizations that represent the area, if any.’’; and (C) by striking paragraph (6); (4) in subsection (e)(1), in the matter preceding subpara- graph (A), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’; (5) in subsection (f)— (A) in paragraph (1)— (i) by inserting ‘‘or low water crossing (as defined by the Secretary)’’ after ‘‘a highway bridge’’; and (ii) by inserting ‘‘or low water crossing (as defined by the Secretary)’’ after ‘‘other than a bridge’’; (B) in paragraph (2)(A)— (i) by striking ‘‘activities described in subsection (b)(2) for off-system bridges’’ and inserting ‘‘activities H. R. 3684—36 described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary),’’; and (ii) by striking ‘‘15 percent’’ and inserting ‘‘20 per- cent’’; and (C) in paragraph (3), in the matter preceding subpara- graph (A)— (i) by striking ‘‘bridge or rehabilitation of a bridge’’ and inserting ‘‘bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge’’; and (ii) by inserting ‘‘or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location’’ after ‘‘no longer a deficient bridge’’; (6) in subsection (g)— (A) in the subsection heading, by striking ‘‘LESS THAN 5,000’’ and inserting ‘‘LESS THAN 50,000’’; and (B) by striking paragraph (1) and inserting the fol- lowing: ‘‘(1) IN GENERAL.—Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on— ‘‘(A) roads functionally classified as rural minor collec- tors or local roads; or ‘‘(B) on critical rural freight corridors designated under section 167(e).’’; and (7) by adding at the end the following: ‘‘(j) RURAL BARGE LANDING, DOCK, AND WATERFRONT INFRA- STRUCTURE PROJECTS.— ‘‘(1) IN GENERAL.—A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastruc- ture projects described in paragraph (2). ‘‘(2) ELIGIBLE PROJECTS.—An eligible rural barge landing, dock, or waterfront infrastructure project referred to in para- graph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) that is off the road system. ‘‘(k) PROJECTS IN RURAL AREAS.— ‘‘(1) SET ASIDE.—Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be— ‘‘(A) used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or ‘‘(B) transferred to— H. R. 3684—37 ‘‘(i) the Appalachian Highway System Program under 14501 of title 40; or ‘‘(ii) the Denali access system program under sec- tion 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277). ‘‘(2) SAVINGS CLAUSE.—Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organiza- tion.’’. (b) SET-ASIDE.— (1) IN GENERAL.—Section 133(h) of title 23, United States Code, is amended— (A) in paragraph (1)— (i) in the heading, by striking ‘‘RESERVATION OF FUNDS’’ and inserting ‘‘IN GENERAL’’; and (ii) in the matter preceding subparagraph (A), by striking ‘‘for each fiscal year’’ and all that follows through ‘‘and’’ at the end of subparagraph (A)(ii) and inserting the following: ‘‘for fiscal year 2022 and each fiscal year thereafter— ‘‘(A) the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and’’; (B) by striking paragraph (2) and inserting the fol- lowing: ‘‘(2) ALLOCATION WITHIN A STATE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))— ‘‘(i) for fiscal year 2022 and each fiscal year there- after, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and ‘‘(ii) paragraph (3) of subsection (d) shall not apply. ‘‘(B) LOCAL CONTROL.—A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if— ‘‘(i) the State submits to the Secretary a plan that describes— ‘‘(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; ‘‘(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; ‘‘(III) the legal, financial, and technical capacity of the entities described in subclause (I); ‘‘(IV) how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and ‘‘(V) how the State will comply with paragraph (8); and H. R. 3684—38 ‘‘(ii) the Secretary approves the plan submitted under clause (i).’’; (C) by striking paragraph (3) and inserting the fol- lowing: ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside under this sub- section may be obligated for— ‘‘(A) projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act (Public Law 114– 94; 129 Stat. 1312); ‘‘(B) projects and activities under the safe routes to school program under section 208; and ‘‘(C) activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)).’’; (D) in paragraph (4)— (i) by striking subparagraph (A); (ii) by redesignating subparagraph (B) as subpara- graph (A); (iii) in subparagraph (A) (as so redesignated)— (I) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; (II) by inserting after clause (vi) the following: ‘‘(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;’’; (III) in clause (viii) (as so redesignated), by striking ‘‘responsible’’ and all that follows through ‘‘programs; and’’ and inserting a semicolon; (IV) in clause (ix) (as so redesignated)— (aa) by inserting ‘‘that serves an urbanized area with a population of over 200,000’’ after ‘‘metropolitan planning organization’’; and (bb) by striking the period at the end and inserting ‘‘; and’’; and (V) by adding at the end the following: ‘‘(x) a State, at the request of an entity described in clauses (i) through (ix).’’; and (iv) by adding at the end the following: ‘‘(B) COMPETITIVE PROCESS.—A State or metropolitan planning organization required to obligate funds in accord- ance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. ‘‘(C) SELECTION.—A metropolitan planning organiza- tion for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. ‘‘(D) PRIORITIZATION.—The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.’’; (E) in paragraph (5)(A), by striking ‘‘reserved under this section’’ and inserting ‘‘set aside under this subsection’’; (F) in paragraph (6)— (i) in subparagraph (B), by striking ‘‘reserved’’ and inserting ‘‘set aside’’; and H. R. 3684—39 (ii) by adding at the end the following: ‘‘(C) IMPROVING ACCESSIBILITY AND EFFICIENCY.— ‘‘(i) IN GENERAL.—A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allo- cating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing— ‘‘(I) to applicants for projects under this sub- section application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obliga- tion of funds for the project; and ‘‘(II) funding for 1 or more full-time State employee positions to administer this subsection. ‘‘(ii) USE OF FUNDS.—Amounts used under clause (i) may be expended— ‘‘(I) directly by the State; or ‘‘(II) through contracts with State agencies, private entities, or nonprofit entities.’’; (G) by redesignating paragraph (7) as paragraph (8); (H) by inserting after paragraph (6) the following: ‘‘(7) FEDERAL SHARE.— ‘‘(A) REQUIRED AGGREGATE NON-FEDERAL SHARE.—The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply. ‘‘(B) FLEXIBLE FINANCING.—Subject to subparagraph (A), notwithstanding section 120— ‘‘(i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project— ‘‘(I) is an eligible project described in section 148(e)(1); and ‘‘(II) is consistent with the State strategic high- way safety plan (as defined in section 148(a)); ‘‘(ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple- project, or program basis; and ‘‘(iii) the Federal share of the cost of an individual project in this section may be up to 100 percent. ‘‘(C) REQUIREMENT.—Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph.’’; and (I) in subparagraph (A) of paragraph (8) (as so redesig- nated)— (i) in the matter preceding clause (i), by striking ‘‘describes’’ and inserting ‘‘includes’’; and (ii) by striking clause (ii) and inserting the fol- lowing: ‘‘(ii) a list of each project selected for funding for each fiscal year, including, for each project— H. R. 3684—40 ‘‘(I) the fiscal year during which the project was selected; ‘‘(II) the fiscal year in which the project is anticipated to be funded; ‘‘(III) the recipient; ‘‘(IV) the location, including the congressional district; ‘‘(V) the type; ‘‘(VI) the cost; and ‘‘(VII) a brief description.’’. (2) STATE TRANSFERABILITY.—Section 126(b)(2) of title 23, United States Code, is amended— (A) by striking the period at the end and inserting ‘‘; and’’; (B) by striking ‘‘reserved for a State under section 133(h) for a fiscal year may’’ and inserting the following: ‘‘set aside for a State under section 133(h) for a fiscal year— ‘‘(A) may’’; and (C) by adding at the end the following: ‘‘(B) may only be transferred if the Secretary certifies that the State— ‘‘(i) held a competition in compliance with the guid- ance issued to carry out section 133(h) and provided sufficient time for applicants to apply; ‘‘(ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and ‘‘(iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.’’. SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS. (a) IN GENERAL.—Section 117 of title 23, United States Code, is amended— (1) in the section heading, by inserting ‘‘multimodal’’ before ‘‘freight’’; (2) in subsection (a)(2)— (A) in subparagraph (A), by inserting ‘‘in and across rural and urban areas’’ after ‘‘people’’; (B) in subparagraph (C), by inserting ‘‘or freight’’ after ‘‘highway’’; (C) in subparagraph (E), by inserting ‘‘or freight’’ after ‘‘highway’’; and (D) in subparagraph (F), by inserting ‘‘, including high- ways that support movement of energy equipment’’ after ‘‘security’’; (3) in subsection (b), by adding at the end the following: ‘‘(3) GRANT ADMINISTRATION.—The Secretary may— ‘‘(A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and ‘‘(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund H. R. 3684—41 the award and oversight of grants provided under this section.’’; (4) in subsection (c)(1)— (A) by redesignating subparagraph (H) as subpara- graph (I); and (B) by inserting after subparagraph (G) the following: ‘‘(H) A multistate corridor organization.’’; (5) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (iii)(II), by striking ‘‘or’’ at the end; (ii) in clause (iv), by striking ‘‘and’’ at the end; and (iii) by adding at the end the following: ‘‘(v) a wildlife crossing project; ‘‘(vi) a surface transportation infrastructure project that— ‘‘(I) is located within the boundaries of or func- tionally connected to an international border crossing area in the United States; ‘‘(II) improves a transportation facility owned by a Federal, State, or local government entity; and ‘‘(III) increases throughput efficiency of the border crossing described in subclause (I), including— ‘‘(aa) a project to add lanes; ‘‘(bb) a project to add technology; and ‘‘(cc) other surface transportation improve- ments; ‘‘(vii) a project for a marine highway corridor des- ignated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor), if the Secretary determines that the project— ‘‘(I) is functionally connected to the National Highway Freight Network; and ‘‘(II) is likely to reduce on-road mobile source emissions; or ‘‘(viii) a highway, bridge, or freight project carried out on the National Multimodal Freight Network estab- lished under section 70103 of title 49; and’’; and (B) in paragraph (2)(A), in the matter preceding clause (i)— (i) by striking ‘‘$600,000,000’’ and inserting ‘‘30 percent’’; and (ii) by striking ‘‘fiscal years 2016 through 2020, in the aggregate,’’ and inserting ‘‘each of fiscal years 2022 through 2026’’; (6) in subsection (e)— (A) in paragraph (1), by striking ‘‘10 percent’’ and inserting ‘‘not less than 15 percent’’; (B) in paragraph (3)— (i) in subparagraph (A), by striking ‘‘and’’ at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: H. R. 3684—42 ‘‘(C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wild- fire, wildlife crossing onto the roadway, or steep grades.’’; and (C) by adding at the end the following: ‘‘(4) REQUIREMENT.—Of the amounts reserved under para- graph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)).’’; (7) in subsection (f)(2), by inserting ‘‘(including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species)’’ after ‘‘environmental mitigation’’; (8) in subsection (h)— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the road- way, or steep grades; ‘‘(5) whether the project will improve the shared transpor- tation corridor of a multistate corridor organization, if applicable; and ‘‘(6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section.’’; (9) in subsection (i)(2), by striking ‘‘other grants under this section’’ and inserting ‘‘grants under subsection (e)’’; (10) in subsection (j)— (A) by striking the subsection designation and heading and all that follows through ‘‘The Federal share’’ in para- graph (1) and inserting the following: ‘‘(j) FEDERAL ASSISTANCE.— ‘‘(1) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share’’; (B) in paragraph (1), by adding at the end the following: ‘‘(B) SMALL PROJECTS.—In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.’’; and (C) in paragraph (2)— (i) by striking ‘‘Federal assistance other’’ and inserting ‘‘Except for grants under subsection (q), Fed- eral assistance other’’; and (ii) by striking ‘‘except that the total Federal’’ and inserting the following: ‘‘except that— ‘‘(A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and ‘‘(B) for a State not described in subparagraph (A), the total Federal’’; H. R. 3684—43 (11) by redesignating subsections (k) through (n) as sub- sections (l), (m), (n), and (p), respectively; (12) by inserting after subsection (j) the following: ‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— ‘‘(A) the grant recipient may obligate and expend non- Federal funds with respect to the project for which the grant is provided; and ‘‘(B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided. ‘‘(2) REQUIREMENTS.— ‘‘(A) APPLICATION.—In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including— ‘‘(i) a description of the activities the grant recipient intends to fund; ‘‘(ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and ‘‘(iii) the level of risk of the activities described in clause (i). ‘‘(B) APPROVAL.—The Secretary shall approve or dis- approve each request submitted under subparagraph (A). ‘‘(C) COMPLIANCE WITH APPLICABLE REQUIREMENTS.— Any non-Federal funds obligated or expended under para- graph (1) shall comply with all applicable requirements, including any requirements included in the grant agree- ment. ‘‘(3) EFFECT.—The obligation or expenditure of any non- Federal funds in accordance with this subsection shall not— ‘‘(A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; ‘‘(B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or ‘‘(C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non- Federal cost share for the project for which the grant is provided after the period described in paragraph (1).’’; (13) in subsection (n) (as so redesignated), by striking para- graph (1) and inserting the following: ‘‘(1) IN GENERAL.—Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation H. R. 3684—44 and Infrastructure of the House of Representatives a report describing the proposed grant, including— ‘‘(A) an evaluation and justification for the applicable project; and ‘‘(B) a description of the amount of the proposed grant award.’’; (14) by inserting after subsection (n) (as so redesignated) the following: ‘‘(o) APPLICANT NOTIFICATION.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected. ‘‘(2) INCLUSION.—A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide— ‘‘(A) detail on the evaluation of the application of the eligible applicant; and ‘‘(B) an explanation of and guidance on the reasons the application was not selected for a grant under this section. ‘‘(3) RESPONSE.— ‘‘(A) IN GENERAL.—Not later than 30 days after the eligible applicant receives a written notification under para- graph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief. ‘‘(B) DEBRIEF.—If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief.’’; and (15) by striking subsection (p) (as so redesignated) and inserting the following: ‘‘(p) REPORTS.— ‘‘(1) ANNUAL REPORT.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the rea- sons for selecting the project, based on any criteria estab- lished by the Secretary in accordance with this section. ‘‘(B) INCLUSIONS.—The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets. ‘‘(C) AVAILABILITY.—The Secretary shall make avail- able on the website of the Department of Transportation the report submitted under subparagraph (A). ‘‘(D) APPLICABILITY.—This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021. ‘‘(2) COMPTROLLER GENERAL.— H. R. 3684—45 ‘‘(A) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the establish- ment, solicitation, selection, and justification process with respect to the funding of projects under this section. ‘‘(B) REPORT.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller Gen- eral of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section— ‘‘(i) the process by which each project was selected; ‘‘(ii) the factors that went into the selection of each project; and ‘‘(iii) the justification for the selection of each project based on any criteria established by the Sec- retary in accordance with this section. ‘‘(3) INSPECTOR GENERAL.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthoriza- tion Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall— ‘‘(A) conduct an assessment of the establishment, solici- tation, selection, and justification process with respect to the funding of projects under this section; and ‘‘(B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subpara- graph (A). ‘‘(q) STATE INCENTIVES PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT.—There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the ‘pilot program’). ‘‘(2) PRIORITY.—In awarding grants under the pilot pro- gram, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program. ‘‘(3) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent. ‘‘(B) NO FEDERAL INVOLVEMENT.— ‘‘(i) IN GENERAL.—For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A). ‘‘(ii) EXCEPTION.—An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non- Federal funds. H. R. 3684—46 ‘‘(4) RESERVATION.— ‘‘(A) IN GENERAL.—Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program. ‘‘(B) UNUTILIZED AMOUNTS.—In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section. ‘‘(5) SET-ASIDES.— ‘‘(A) SMALL PROJECTS.— ‘‘(i) IN GENERAL.—Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e). ‘‘(ii) REQUIREMENT.—For a grant awarded from the amount reserved under clause (i)— ‘‘(I) the requirements of subsection (e) shall apply; and ‘‘(II) the requirements of subsection (g) shall not apply. ‘‘(B) RURAL PROJECTS.— ‘‘(i) IN GENERAL.—Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i). ‘‘(ii) REQUIREMENT.—For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply. ‘‘(6) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a report that describes the administration of the pilot program, including— ‘‘(A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program; ‘‘(B) the number, types, and locations of grant recipi- ents under the pilot program; ‘‘(C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and ‘‘(D) any recommendations for modifications to the pilot program. ‘‘(r) MULTISTATE CORRIDOR ORGANIZATION DEFINED.—For pur- poses of this section, the term ‘multistate corridor organization’ means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to pro- mote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor. H. R. 3684—47 ‘‘(s) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In addi- tion to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated— ‘‘(1) $1,000,000,000 for fiscal year 2022; ‘‘(2) $1,100,000,000 for fiscal year 2023; ‘‘(3) $1,200,000,000 for fiscal year 2024; ‘‘(4) $1,300,000,000 for fiscal year 2025; and ‘‘(5) $1,400,000,000 for fiscal year 2026.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 117 and inserting the following: ‘‘117. Nationally significant multimodal freight and highway projects.’’. (c) EFFICIENT USE OF NON-FEDERAL FUNDS.— (1) IN GENERAL.—Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section. (2) GRANT DESCRIBED.—A grant referred to in paragraph (1) is a grant that is— (A) provided under a competitive discretionary grant program administered by the Federal Highway Administra- tion; (B) for a project eligible under title 23, United States Code; and (C) in an amount greater than $5,000,000. SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) IN GENERAL.—Section 148 of title 23, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (4)(B)— (i) in clause (i), by inserting ‘‘that provides for the safety of all road users, as appropriate, including a multimodal roundabout’’ after ‘‘improvement’’; (ii) in clause (vi), by inserting ‘‘or a grade separa- tion project’’ after ‘‘devices’’; (iii) by striking clause (viii) and inserting the fol- lowing: ‘‘(viii) Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds.’’; (iv) by striking clause (xxvi) and inserting the following: ‘‘(xxvi) Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedes- trian hybrid beacons and the addition of bicycle move- ment phases to traffic signals.’’; and (v) by striking clauses (xxvii) and (xxviii) and inserting the following: ‘‘(xxvii) Roadway improvements that provide sepa- ration between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features. H. R. 3684—48 ‘‘(xxviii) A pedestrian security feature designed to slow or stop a motor vehicle. ‘‘(xxix) A physical infrastructure safety project not described in clauses (i) through (xxviii).’’; (B) by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively; (C) by inserting after paragraph (8) the following: ‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe system approach’ means a roadway design— ‘‘(A) that emphasizes minimizing the risk of injury or fatality to road users; and ‘‘(B) that— ‘‘(i) takes into consideration the possibility and likelihood of human error; ‘‘(ii) accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and ‘‘(iii) takes into consideration vulnerable road users.’’; (D) by inserting after paragraph (10) (as so redesig- nated) the following: ‘‘(11) SPECIFIED SAFETY PROJECT.— ‘‘(A) IN GENERAL.—The term ‘specified safety project’ means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. ‘‘(B) INCLUSION.—The term ‘specified safety project’ includes a project that— ‘‘(i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individ- uals with disabilities, and other road users); ‘‘(ii) facilitates enforcement of traffic safety laws; ‘‘(iii) provides infrastructure and infrastructure- related equipment to support emergency services; ‘‘(iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment; or ‘‘(v) supports safe routes to school noninfrastruc- ture-related activities described in section 208(g)(2).’’; (E) in paragraph (13) (as so redesignated)— (i) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and (ii) by inserting after subparagraph (F) the fol- lowing; ‘‘(G) includes a vulnerable road user safety assess- ment;’’; and (F) by adding at the end the following: ‘‘(15) VULNERABLE ROAD USER.—The term ‘vulnerable road user’ means a nonmotorist— ‘‘(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term ‘number of non-motorized fatalities’ in section 490.205 of title 23, Code of Federal Regulations (or successor regula- tions); or H. R. 3684—49 ‘‘(B) described in the term ‘number of non-motorized serious injuries’ in that section. ‘‘(16) VULNERABLE ROAD USER SAFETY ASSESSMENT.—The term ‘vulnerable road user safety assessment’ means an assess- ment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l).’’; (2) in subsection (c)— (A) in paragraph (1)(A), by striking ‘‘subsections (a)(11)’’ and inserting ‘‘subsections (a)(13)’’; and (B) in paragraph (2)— (i) in subparagraph (A)(vi), by inserting ‘‘and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users’’ after ‘‘crashes’’; (ii) in subparagraph (B)(i), by striking ‘‘(including motorcyclists), bicyclists, pedestrians,’’ and inserting ‘‘, vulnerable road users (including motorcyclists, bicyclists, pedestrians),’’; and (iii) in subparagraph (D)— (I) in clause (iv), by striking ‘‘and’’ at the end; (II) in clause (v), by striking the semicolon at the end and inserting ‘‘; and’’; and (III) by adding at the end the following: ‘‘(vi) improves the ability of the State to differen- tiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users;’’; (3) in subsection (d)(2)(B)(i), by striking ‘‘subsection (a)(11)’’ and inserting ‘‘subsection (a)(13)’’; (4) in subsection (e), by adding at the end the following: ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY PROJECTS.— ‘‘(A) IN GENERAL.—To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this para- graph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. ‘‘(C) EFFECT OF PARAGRAPH.— ‘‘(i) REQUIREMENTS.—A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. ‘‘(ii) OTHER APPORTIONED PROGRAMS.—Nothing in this paragraph prohibits the use of funds made avail- able under other provisions of this title for a specified safety project that is a noninfrastructure project.’’; (5) in subsection (g), by adding at the end the following: ‘‘(3) VULNERABLE ROAD USER SAFETY.—If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under H. R. 3684—50 section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users.’’; and (6) by adding at the end the following: ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESSMENT.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment. ‘‘(2) CONTENTS.—A vulnerable road user safety assessment under paragraph (1) shall include— ‘‘(A) a quantitative analysis of vulnerable road user fatalities and serious injuries that— ‘‘(i) includes data such as location, roadway func- tional classification, design speed, speed limit, and time of day; ‘‘(ii) considers the demographics of the locations of fatalities and serious injuries, including race, eth- nicity, income, and age; and ‘‘(iii) based on the data, identifies areas as ‘high- risk’ to vulnerable road users; and ‘‘(B) a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high- risk under subparagraph (A)(iii). ‘‘(3) USE OF DATA.—In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available. ‘‘(4) REQUIREMENTS.—In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall— ‘‘(A) take into consideration a safe system approach; and ‘‘(B) consult with local governments, metropolitan plan- ning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii). ‘‘(5) UPDATE.—A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d). ‘‘(6) REQUIREMENT FOR TRANSPORTATION SYSTEM ACCESS.— The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users. ‘‘(7) GUIDANCE.— ‘‘(A) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection. ‘‘(B) CONSULTATION.—In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders.’’. (b) HIGH-RISK RURAL ROADS.— (1) STUDY.—Not later than 2 years after the date of enact- ment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141). (2) PUBLICATION OF REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update H. R. 3684—51 to the report described in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141). (3) BEST PRACTICES MANUAL.—Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public Law 112–141). SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 203(a) of title 23, United States Code, is amended— (1) in paragraph (1)(D), by striking ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and (2) by adding at the end the following: ‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable— ‘‘(A) the use of locally adapted native plant materials; and ‘‘(B) designs that minimize runoff and heat genera- tion.’’. SEC. 11113. FEDERAL LANDS ACCESS PROGRAM. (a) FEDERAL SHARE.—Section 201 of title 23, United States Code, is amended— (1) in subsection (b)(7)(B), by striking ‘‘determined in accordance with section 120’’, and inserting ‘‘be up to 100 percent’’; and (2) in subsection (c)(8)(A), by striking ‘‘5 percent’’ and inserting ‘‘20 percent’’. (b) FEDERAL LANDS ACCESS PROGRAM.—Section 204(a) of title 23, United States Code, is amended— (1) in paragraph (1)(A)— (A) in the matter preceding clause (i), by inserting ‘‘context-sensitive solutions,’’ after ‘‘restoration,’’; (B) in clause (i), by inserting ‘‘, including interpretive panels in or adjacent to those areas’’ after ‘‘areas’’; (C) in clause (v), by striking ‘‘and’’ at the end; (D) by redesignating clause (vi) as clause (ix); and (E) by inserting after clause (v) the following: ‘‘(vi) contextual wayfinding markers; ‘‘(vii) landscaping; ‘‘(viii) cooperative mitigation of visual blight, including screening or removal; and’’; and (2) by adding at the end the following: ‘‘(6) NATIVE PLANT MATERIALS.—In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable— ‘‘(A) the use of locally adapted native plant materials; and ‘‘(B) designs that minimize runoff and heat genera- tion.’’. SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM. Section 167 of title 23, United States Code, is amended— (1) in subsection (e)— (A) in paragraph (2), by striking ‘‘150 miles’’ and inserting ‘‘300 miles’’; and H. R. 3684—52 (B) by adding at the end the following: ‘‘(3) RURAL STATES.—Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater.’’; (2) in subsection (f)(4), by striking ‘‘75 miles’’ and inserting ‘‘150 miles’’; and (3) in subsection (i)(5)(B)— (A) in the matter preceding clause (i), by striking ‘‘10 percent’’ and inserting ‘‘30 percent’’; (B) in clause (i), by striking ‘‘and’’ at the end; (C) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ‘‘(iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project— ‘‘(I) is functionally connected to the National Highway Freight Network; and ‘‘(II) is likely to reduce on-road mobile source emissions; and ‘‘(iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway cor- ridor, connector, or crossing), if the Secretary deter- mines that the project— ‘‘(I) is functionally connected to the National Highway Freight Network; and ‘‘(II) is likely to reduce on-road mobile source emissions.’’. SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVE- MENT PROGRAM. Section 149 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsections (d) and (m)(1)(B)(ii)’’ (B) in paragraph (7), by inserting ‘‘shared micro- mobility (including bikesharing and shared scooter sys- tems),’’ after ‘‘carsharing,’’; (C) in paragraph (8)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting ‘‘replacements or’’ before ‘‘retrofits’’; (II) by striking clause (i) and inserting the following: ‘‘(i) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or’’; and (III) in clause (ii)(II), by striking ‘‘or’’ at the end; and (ii) in subparagraph (B), by inserting ‘‘replace- ments or’’ before ‘‘retrofits’’; and H. R. 3684—53 (iii) by adding at the end the following: ‘‘(C) the purchase of medium- or heavy-duty zero emis- sion vehicles and related charging equipment;’’; (D) in paragraph (9), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: ‘‘(10) if the project is for the modernization or rehabilitation of a lock and dam that— ‘‘(A) is functionally connected to the Federal-aid high- way system; and ‘‘(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or ‘‘(11) if the project is on a marine highway corridor, con- nector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that— ‘‘(A) is functionally connected to the Federal-aid high- way system; and ‘‘(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.’’; (2) in subsection (c), by adding at the end the following: ‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).’’; (3) in subsection (f)(4)(A), by inserting ‘‘and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations’’ after ‘‘motor vehicles’’; (4) in subsection (g)— (A) in paragraph (1)(B)— (i) in the subparagraph heading, by inserting ‘‘REPLACEMENT OR’’ before ‘‘RETROFIT’’; (ii) by striking ‘‘The term ‘diesel retrofit’ ’’ and inserting ‘‘The term ‘diesel replacement or retrofit’ ’’; and (iii) by inserting ‘‘or retrofit’’ after ‘‘replacement’’; (B) in paragraph (2), in the matter preceding subpara- graph (A), by inserting ‘‘replacement or’’ before ‘‘retrofit’’; and (C) in paragraph (3), by inserting ‘‘replacements or’’ before ‘‘retrofits’’; (5) in subsection (k)(1), by striking ‘‘that reduce such fine particulate matter emissions in such area, including diesel retrofits.’’ and inserting ‘‘that— ‘‘(A) reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and ‘‘(B) to the extent practicable, prioritize benefits to disadvantaged communities or low-income populations living in, or immediately adjacent to, such area.’’; (6) in subsection (l), by adding at the following: ‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING ORGANIZA- TIONS.— H. R. 3684—54 ‘‘(A) IN GENERAL.—On the request of a metropolitan planning organization, the Secretary may assist the metro- politan planning organization tracking progress made in minority or low-income populations as part of a perform- ance plan under this subsection. ‘‘(B) SAVINGS PROVISION.—Nothing in this paragraph provides the Secretary the authority— ‘‘(i) to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or ‘‘(ii) to establish any other Federal requirement.’’; and (7) by striking subsection (m) and inserting the following: ‘‘(m) OPERATING ASSISTANCE.— ‘‘(1) IN GENERAL.—A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs— ‘‘(A) under chapter 53 of title 49; or ‘‘(B) on— ‘‘(i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or ‘‘(ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Pas- senger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note; Public Law 110–432) and no current nonattainment areas under subsection (d). ‘‘(2) NO TIME LIMITATION.—Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for— ‘‘(A) a route described in subparagraph (B) of that paragraph; or ‘‘(B) a transit system that is located in— ‘‘(i) a non-urbanized area; or ‘‘(ii) an urbanized area with a population of 200,000 or fewer.’’. SEC. 11116. ALASKA HIGHWAY. Section 218 of title 23, United States Code, is amended to read as follows: ‘‘§ 218. Alaska Highway ‘‘(a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agree- ment with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System H. R. 3684—55 any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expendi- tures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government— ‘‘(1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways; ‘‘(2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; ‘‘(3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada; ‘‘(4) will continue to grant reciprocal recognition of vehicle registration and driver’s licenses in accordance with agreements between the United States and Canada; and ‘‘(5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic. ‘‘(b) The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary. ‘‘(c) For purposes of this section, the term ‘Alaska Marine Highway System’ includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. ‘‘(d) Notwithstanding any other provision of law, a project assisted under this section in the State of Alaska shall be treated as a project on a Federal-aid highway under chapter 1.’’. SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. (a) IN GENERAL.—Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking ‘‘the construction of ferry boats and ferry terminal facilities, whether toll or free,’’ and inserting ‘‘the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,’’. (b) DIESEL FUEL FERRY VESSELS.— (1) IN GENERAL.—Notwithstanding section 147(b), in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State. (2) SUNSET.—The authority provided by paragraph (1) shall terminate on September 30, 2025. SEC. 11118. BRIDGE INVESTMENT PROGRAM. (a) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following: H. R. 3684—56 ‘‘§ 124. Bridge investment program ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE PROJECT.— ‘‘(A) IN GENERAL.—The term ‘eligible project’ means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b). ‘‘(B) INCLUSIONS.—The term ‘eligible project’ includes— ‘‘(i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and ‘‘(ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. ‘‘(2) LARGE PROJECT.—The term ‘large project’ means an eligible project with total eligible project costs of greater than $100,000,000. ‘‘(3) PROGRAM.—The term ‘program’ means the bridge investment program established by subsection (b)(1). ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PROGRAM.— ‘‘(1) IN GENERAL.—There is established a bridge investment program to provide financial assistance for eligible projects under this section. ‘‘(2) GOALS.—The goals of the program shall be— ‘‘(A) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges; ‘‘(B) to improve the condition of bridges in the United States by reducing— ‘‘(i) the number of bridges— ‘‘(I) in poor condition; or ‘‘(II) in fair condition and at risk of falling into poor condition within the next 3 years; ‘‘(ii) the total person miles traveled over bridges— ‘‘(I) in poor condition; or ‘‘(II) in fair condition and at risk of falling into poor condition within the next 3 years; ‘‘(iii) the number of bridges that— ‘‘(I) do not meet current geometric design standards; or ‘‘(II) cannot meet the load and traffic require- ments typical of the regional transportation net- work; and ‘‘(iv) the total person miles traveled over bridges that— ‘‘(I) do not meet current geometric design standards; or ‘‘(II) cannot meet the load and traffic require- ments typical of the regional transportation net- work; and ‘‘(C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects. ‘‘(c) GRANT AUTHORITY.— ‘‘(1) IN GENERAL.—In carrying out the program, the Sec- retary may award grants, on a competitive basis, in accordance with this section. H. R. 3684—57 ‘‘(2) GRANT AMOUNTS.—Except as otherwise provided, a grant under the program shall be— ‘‘(A) in the case of a large project, in an amount that is— ‘‘(i) adequate to fully fund the project (in combina- tion with other financial resources identified in the application); and ‘‘(ii) not less than $50,000,000; and ‘‘(B) in the case of any other eligible project, in an amount that is— ‘‘(i) adequate to fully fund the project (in combina- tion with other financial resources identified in the application); and ‘‘(ii) not less than $2,500,000. ‘‘(3) MAXIMUM AMOUNT.—Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be— ‘‘(A) in the case of a large project, not more than 50 percent; and ‘‘(B) in the case of any other eligible project, not more than 80 percent. ‘‘(4) FEDERAL SHARE.— ‘‘(A) MAXIMUM FEDERAL INVOLVEMENT.—Federal assist- ance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120. ‘‘(B) OFF-SYSTEM BRIDGES.—In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))— ‘‘(i) Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and ‘‘(ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs. ‘‘(C) FEDERAL LAND MANAGEMENT AGENCIES AND TRIBAL GOVERNMENTS.—Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consor- tium of Tribal governments. ‘‘(5) CONSIDERATIONS.— ‘‘(A) IN GENERAL.—In awarding grants under the pro- gram, the Secretary shall consider— ‘‘(i) in the case of a large project, the ratings assigned under subsection (g)(5)(A); ‘‘(ii) in the case of an eligible project other than a large project, the quality rating assigned under sub- section (f)(3)(A)(ii); ‘‘(iii) the average daily person and freight throughput supported by the eligible project; H. R. 3684—58 ‘‘(iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition; ‘‘(v) the extent to which the eligible project dem- onstrates cost savings by bundling multiple bridge projects; ‘‘(vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infra- structure maintenance backlog; ‘‘(vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and ‘‘(viii) the extent to which a bridge that would be assisted with a grant— ‘‘(I) is, without that assistance— ‘‘(aa) at risk of falling into or remaining in poor condition; or ‘‘(bb) in fair condition and at risk of falling into poor condition within the next 3 years; ‘‘(II) does not meet current geometric design standards based on— ‘‘(aa) the current use of the bridge; or ‘‘(bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or ‘‘(III) does not meet current seismic design standards. ‘‘(B) REQUIREMENT.—The Secretary shall— ‘‘(i) give priority to an application for an eligible project that is located within a State for which— ‘‘(I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were sub- mitted in prior fiscal years of the program; and ‘‘(II) fewer than 2 grants have been awarded for eligible projects within the State under the program; ‘‘(ii) during the period of fiscal years 2022 through 2026, for each State described in clause (i), select— ‘‘(I) not fewer than 1 large project that the Secretary determines is justified under the evalua- tion under subsection (g)(4); or ‘‘(II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and ‘‘(iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4). ‘‘(6) CULVERT LIMITATION.—Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation. ‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a grant under the program to any of the following: H. R. 3684—59 ‘‘(1) A State or a group of States. ‘‘(2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000. ‘‘(3) A unit of local government or a group of local govern- ments. ‘‘(4) A political subdivision of a State or local government. ‘‘(5) A special purpose district or public authority with a transportation function. ‘‘(6) A Federal land management agency. ‘‘(7) A Tribal government or a consortium of Tribal govern- ments. ‘‘(8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Secretary may make a grant under the program only to an eligible entity for an eligible project that— ‘‘(1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B); ‘‘(2) is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and ‘‘(3) is based on the results of preliminary engineering. ‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELIGIBLE PROJECTS OTHER THAN LARGE PROJECTS.— ‘‘(1) COMPETITIVE PROCESS.— ‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subse- quent fiscal years, not later than 60 days after the date on which amounts are made available for obliga- tion under the program, solicit grant applications for eligible projects other than large projects; and ‘‘(ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3). ‘‘(B) REQUIREMENTS.—In carrying out subparagraph (A), the Secretary shall— ‘‘(i) develop a template for applicants to use to summarize project needs and benefits, including bene- fits described in paragraph (3)(B)(i); and ‘‘(ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable. ‘‘(2) APPLICATIONS.—An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ‘‘(3) EVALUATION.— ‘‘(A) IN GENERAL.—Prior to providing a grant under this subsection, the Secretary shall— H. R. 3684—60 ‘‘(i) conduct an evaluation of each eligible project for which an application is received under this sub- section; and ‘‘(ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i). ‘‘(B) REQUIREMENTS.—In carrying out an evaluation under subparagraph (A), the Secretary shall— ‘‘(i) consider information on project benefits sub- mitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary— ‘‘(I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; ‘‘(II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; ‘‘(III) safety benefits, including the reduction of accidents and related costs; ‘‘(IV) person and freight mobility benefits, including congestion reduction and reliability improvements; ‘‘(V) national or regional economic benefits; ‘‘(VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; ‘‘(VII) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; ‘‘(VIII) environmental benefits, including wild- life connectivity; ‘‘(IX) benefits to nonvehicular and public transportation users; ‘‘(X) benefits of using— ‘‘(aa) innovative design and construction techniques; or ‘‘(bb) innovative technologies; or ‘‘(XI) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and ‘‘(ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs. ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND ANNUAL REPORT FOR LARGE PROJECTS.— ‘‘(1) IN GENERAL.— ‘‘(A) APPLICATIONS.—The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Sec- retary for funding in the next annual report under para- graph (6). ‘‘(B) FIRST FISCAL YEAR.—Notwithstanding subpara- graph (A), for the first fiscal year for which funds are H. R. 3684—61 made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for imme- diate execution of a grant agreement. ‘‘(2) INFORMATION REQUIRED.—The information referred to in paragraph (1) includes— ‘‘(A) all necessary information required for the Sec- retary to evaluate the large project; and ‘‘(B) information sufficient for the Secretary to deter- mine that— ‘‘(i) the large project meets the applicable require- ments under this section; and ‘‘(ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section. ‘‘(3) DETERMINATION; NOTICE.—On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to— ‘‘(A) the eligible entity that submitted the application; ‘‘(B) the Committee on Environment and Public Works of the Senate; and ‘‘(C) the Committee on Transportation and Infrastruc- ture of the House of Representatives. ‘‘(4) EVALUATION.—The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and deter- mines that the project is justified because the project— ‘‘(A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2); ‘‘(B) will generate, as determined by the Secretary— ‘‘(i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; ‘‘(ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; ‘‘(iii) safety benefits, including the reduction of accidents and related costs; ‘‘(iv) person and freight mobility benefits, including congestion reduction and reliability improvements; ‘‘(v) national or regional economic benefits; ‘‘(vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; ‘‘(vii) benefits from protection (as described in sec- tion 133(b)(10)), including improving seismic or scour protection; ‘‘(viii) environmental benefits, including wildlife connectivity; ‘‘(ix) benefits to nonvehicular and public transpor- tation users; H. R. 3684—62 ‘‘(x) benefits of using— ‘‘(I) innovative design and construction tech- niques; or ‘‘(II) innovative technologies; or ‘‘(xi) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; ‘‘(C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs; ‘‘(D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and ‘‘(E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State. ‘‘(5) RATINGS.— ‘‘(A) IN GENERAL.—The Secretary shall develop a meth- odology to evaluate and rate a large project on a 5-point scale (the points of which include ‘high’, ‘medium-high’, ‘medium’, ‘medium-low’, and ‘low’) for each of— ‘‘(i) paragraph (4)(B); ‘‘(ii) paragraph (4)(C); and ‘‘(iii) paragraph (4)(D). ‘‘(B) REQUIREMENT.—To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than ‘medium’ for each rating required under subparagraph (A). ‘‘(C) INTERIM METHODOLOGY.—In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of— ‘‘(i) paragraph (4)(B); ‘‘(ii) paragraph (4)(C); and ‘‘(iii) paragraph (4)(D). ‘‘(6) ANNUAL REPORT ON FUNDING RECOMMENDATIONS FOR LARGE PROJECTS.— ‘‘(A) IN GENERAL.—Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appro- priations of the Senate a report that includes— ‘‘(i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year; ‘‘(ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i); ‘‘(iii) the grant amounts that the Secretary rec- ommends providing to large projects in the next fiscal year, including— H. R. 3684—63 ‘‘(I) scheduled payments under previously signed multiyear grant agreements under sub- section (j); ‘‘(II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and ‘‘(III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and ‘‘(iv) for each project for which the Secretary rec- ommends a new multiyear grant agreement under sub- section (j), the proposed payout schedule for the project. ‘‘(B) LIMITATIONS.— ‘‘(i) IN GENERAL.—The Secretary shall not rec- ommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years. ‘‘(ii) GENERAL FUND PROJECTS.—The Secretary— ‘‘(I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but ‘‘(II) shall not execute a grant agreement for that project unless— ‘‘(aa) funds other than from the Highway Trust Fund have been made available for the project; and ‘‘(bb) the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years. ‘‘(C) CONSIDERATIONS.—In selecting projects to rec- ommend for funding in the annual report under this para- graph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall— ‘‘(i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and ‘‘(ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization. ‘‘(D) PROJECT DIVERSITY.—In selecting projects to rec- ommend for funding in the annual report under this para- graph, the Secretary shall ensure diversity among projects recommended based on— ‘‘(i) the amount of the grant requested; and ‘‘(ii) grants for an eligible project for 1 bridge com- pared to an eligible project that is a bundle of projects. H. R. 3684—64 ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for an eligible project under the program may be used for— ‘‘(1) development phase activities, including planning, feasi- bility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; ‘‘(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construc- tion contingencies, acquisition of equipment, and operational improvements directly related to improving system perform- ance; and ‘‘(3) expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protec- tion. ‘‘(i) TIFIA PROGRAM.—On the request of an eligible entity car- rying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded. ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE PROJECTS.— ‘‘(1) IN GENERAL.—A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection. ‘‘(2) REQUIREMENTS.—A multiyear grant agreement for a large project described in paragraph (1) shall— ‘‘(A) establish the terms of participation by the Federal Government in the project; ‘‘(B) establish the maximum amount of Federal finan- cial assistance for the project in accordance with para- graphs (3) and (4) of subsection (c); ‘‘(C) establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; ‘‘(D) determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and ‘‘(E) attempt to improve timely and efficient manage- ment of the project, consistent with all applicable Federal laws (including regulations). ‘‘(3) SPECIAL FINANCIAL RULES.— ‘‘(A) IN GENERAL.—A multiyear grant agreement under this subsection— ‘‘(i) shall obligate an amount of available budget authority specified in law; and ‘‘(ii) may include a commitment, contingent on amounts to be specified in law in advance for commit- ments under this paragraph, to obligate an additional amount from future available budget authority speci- fied in law. ‘‘(B) STATEMENT OF CONTINGENT COMMITMENT.—The agreement shall state that the contingent commitment is not an obligation of the Federal Government. ‘‘(C) INTEREST AND OTHER FINANCING COSTS.— H. R. 3684—65 ‘‘(i) IN GENERAL.—Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. ‘‘(ii) CERTIFICATION.—The applicant shall certify to the Secretary that the applicant has shown reason- able diligence in seeking the most favorable financing terms. ‘‘(4) ADVANCE PAYMENT.—Notwithstanding any other provi- sion of law, an eligible entity carrying out a large project under a multiyear grant agreement— ‘‘(A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agree- ment for the project for that fiscal year becomes available for obligation; and ‘‘(B) if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project. ‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE UNDER LETTERS OF NO PREJUDICE.— ‘‘(1) IN GENERAL.—The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if— ‘‘(A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program; ‘‘(B) a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued for the eligible project; and ‘‘(C) the activity is carried out without Federal assist- ance and in accordance with all applicable procedures and requirements. ‘‘(2) INTEREST AND OTHER FINANCING COSTS.— ‘‘(A) IN GENERAL.—For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reason- ably available for the eligible project at the time of bor- rowing. ‘‘(B) CERTIFICATION.—The applicant shall certify to the Secretary that the applicant has shown reasonable dili- gence in seeking the most favorable financing terms under subparagraph (A). H. R. 3684—66 ‘‘(3) NO OBLIGATION OR INFLUENCE ON RECOMMENDA- TIONS.—An approval by the Secretary under paragraph (1)(A) shall not— ‘‘(A) constitute an obligation of the Federal Govern- ment; or ‘‘(B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program. ‘‘(l) FEDERALLY-OWNED BRIDGES.— ‘‘(1) DIVESTITURE CONSIDERATION.—In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency— ‘‘(A) shall consider options to divest the bridge to a State or local entity after completion of the project; and ‘‘(B) may apply jointly with the State or local entity to which the bridge may be divested. ‘‘(2) TREATMENT.—Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned. ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter. ‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Com- mittee on Environment and Public Works of the Senate a written notification of the proposed grant that includes— ‘‘(1) an evaluation and justification for the eligible project; and ‘‘(2) the amount of the proposed grant. ‘‘(o) REPORTS.— ‘‘(1) ANNUAL REPORT.—Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year. ‘‘(2) GAO ASSESSMENT AND REPORT.—Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Comptroller General of the United States shall— ‘‘(A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and ‘‘(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— ‘‘(i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and ‘‘(ii) the justification and criteria used for the selec- tion of each eligible project. ‘‘(p) LIMITATION.— H. R. 3684—67 ‘‘(1) LARGE PROJECTS.—Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects. ‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year 2026, the Sec- retary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Sec- retary shall use the unutilized amounts to make other grants under the program during that fiscal year. ‘‘(q) TRIBAL TRANSPORTATION FACILITY BRIDGE SET ASIDE.— ‘‘(1) IN GENERAL.—Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)— ‘‘(A) $16,000,000 for fiscal year 2022; ‘‘(B) $18,000,000 for fiscal year 2023; ‘‘(C) $20,000,000 for fiscal year 2024; ‘‘(D) $22,000,000 for fiscal year 2025; and ‘‘(E) $24,000,000 for fiscal year 2026. ‘‘(2) TREATMENT.—For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be consid- ered to be part of the tribal transportation program.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following: ‘‘124. Bridge investment program.’’. SEC. 11119. SAFE ROUTES TO SCHOOL. (a) IN GENERAL.—Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following: ‘‘§ 208. Safe routes to school ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term ‘in the vicinity of schools’, with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school. ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.—The term ‘pri- mary, middle, and high schools’ means schools providing edu- cation from kindergarten through 12th grade. ‘‘(b) ESTABLISHMENT.—Subject to the requirements of this sec- tion, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools. ‘‘(c) PURPOSES.—The purposes of the program established under subsection (b) shall be— ‘‘(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; ‘‘(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and ‘‘(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. ‘‘(d) APPORTIONMENT OF FUNDS.— H. R. 3684—68 ‘‘(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that— ‘‘(A) the total student enrollment in primary, middle, and high schools in each State; bears to ‘‘(B) the total student enrollment in primary, middle, and high schools in all States. ‘‘(2) MINIMUM APPORTIONMENT.—No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000. ‘‘(3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES.—Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section. ‘‘(4) DETERMINATION OF STUDENT ENROLLMENTS.—Deter- minations under this subsection relating to student enrollments shall be made by the Secretary. ‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts apportioned to a State under this section shall be administered by the State department of transportation. ‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section. ‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.— ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— ‘‘(A) IN GENERAL.—Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. ‘‘(B) LOCATION OF PROJECTS.—Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVITIES.— ‘‘(A) IN GENERAL.—In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforce- ment in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. ‘‘(B) ALLOCATION.—Not less than 10 percent and not more than 30 percent of the amount apportioned to a H. R. 3684—69 State under this section for a fiscal year shall be used for noninfrastructure-related activities under this para- graph. ‘‘(3) SAFE ROUTES TO SCHOOL COORDINATOR.—Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State. ‘‘(h) CLEARINGHOUSE.— ‘‘(1) IN GENERAL.—The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools— ‘‘(A) to operate a national safe routes to school clearing- house; ‘‘(B) to develop information and educational programs on safe routes to school; and ‘‘(C) to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. ‘‘(2) FUNDING.—The Secretary shall carry out this sub- section using amounts set aside for administrative expenses under subsection (d)(3). ‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1.’’. (b) CONFORMING AMENDMENTS.— (1) The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following: ‘‘208. Safe routes to school.’’. (2) Section 1404 of SAFETEA–LU (23 U.S.C. 402 note; Public Law 109–59) is repealed. (3) The table of contents in section 1(b) of SAFETEA– LU (Public Law 109–59; 119 Stat. 1144) is amended by striking the item relating to section 1404. SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS. Section 143(b)(2)(A) of title 23, United States Code, is amended by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’. SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section— ‘‘(1) $110,000,000 for fiscal year 2022; ‘‘(2) $112,000,000 for fiscal year 2023; ‘‘(3) $114,000,000 for fiscal year 2024; ‘‘(4) $116,000,000 for fiscal year 2025; and ‘‘(5) $118,000,000 for fiscal year 2026.’’. SEC. 11122. VULNERABLE ROAD USER RESEARCH. (a) DEFINITIONS.—In this subsection: H. R. 3684—70 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Secretary, acting through the Administrator of the Federal Highway Administration. (2) VULNERABLE ROAD USER.—The term ‘‘vulnerable road user’’ has the meaning given the term in section 148(a) of title 23, United States Code. (b) ESTABLISHMENT OF RESEARCH PLAN.—The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to— (1) roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appro- priate in a suburban arterial context; (2) the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking; (3) tools to evaluate the impact of transportation improve- ments on projected rates and safety of bicycling and walking; and (4) other research areas to be determined by the Adminis- trator. (c) VULNERABLE ROAD USER ASSESSMENTS.—The Administrator shall— (1) review each vulnerable road user safety assessment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be devel- oped through guidance to enable a State to collect pedestrian injury and fatality data; and (2) in the first progress update under subsection (d)(2), provide— (A) the results of the determination described in para- graph (1); and (B) the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users. (d) SUBMISSION; PUBLICATION.— (1) SUBMISSION OF PLAN.—Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives the research plan described in subsection (b). (2) PROGRESS UPDATES.—Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1)— (A) updates on the progress and findings of the research conducted pursuant to the plan described in sub- section (b); and (B) in the first submission under this paragraph, the results and recommendations described in subsection (c)(2). H. R. 3684—71 SEC. 11123. WILDLIFE CROSSING SAFETY. (a) DECLARATION OF POLICY.—Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting ‘‘resilient,’’ after ‘‘efficient,’’. (b) WILDLIFE CROSSINGS PILOT PROGRAM.— (1) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ‘‘§ 171. Wildlife crossings pilot program ‘‘(a) FINDING.—Congress finds that greater adoption of wildlife- vehicle collision safety countermeasures is in the public interest because— ‘‘(1) according to the report of the Federal Highway Administration entitled ‘Wildlife-Vehicle Collision Reduction Study’, there are more than 1,000,000 wildlife-vehicle collisions every year; ‘‘(2) wildlife-vehicle collisions— ‘‘(A) present a danger to— ‘‘(i) human safety; and ‘‘(ii) wildlife survival; and ‘‘(B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and ‘‘(3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and ‘‘(4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians. ‘‘(b) ESTABLISHMENT.—The Secretary shall establish a competi- tive wildlife crossings pilot program (referred to in this section as the ‘pilot program’) to provide grants for projects that seek to achieve— ‘‘(1) a reduction in the number of wildlife-vehicle collisions; and ‘‘(2) in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species. ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply for a grant under the pilot program is— ‘‘(1) a State highway agency, or an equivalent of that agency; ‘‘(2) a metropolitan planning organization (as defined in section 134(b)); ‘‘(3) a unit of local government; ‘‘(4) a regional transportation authority; ‘‘(5) a special purpose district or public authority with a transportation function, including a port authority; ‘‘(6) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); ‘‘(7) a Federal land management agency; or ‘‘(8) a group of any of the entities described in paragraphs (1) through (7). ‘‘(d) APPLICATIONS.— H. R. 3684—72 ‘‘(1) IN GENERAL.—To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Sec- retary an application at such time, in such manner, and con- taining such information as the Secretary may require. ‘‘(2) REQUIREMENT.—If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the applica- tion shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the develop- ment of the application. ‘‘(3) GUIDANCE.—To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife. ‘‘(e) CONSIDERATIONS.—In selecting grant recipients under the pilot program, the Secretary shall take into consideration the fol- lowing: ‘‘(1) Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species. ‘‘(2) Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following: ‘‘(A) Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships. ‘‘(B) Supporting local economic development and improvement of visitation opportunities. ‘‘(C) Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle colli- sions and improving habitat connectivity for terrestrial and aquatic species. ‘‘(D) Provision of educational and outreach opportuni- ties. ‘‘(E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects. ‘‘(F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Sec- retary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph. ‘‘(f) USE OF FUNDS.— ‘‘(1) IN GENERAL.—The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions. ‘‘(2) GRANT ADMINISTRATION.— ‘‘(A) IN GENERAL.—A grant received under the pilot program shall be administered by— ‘‘(i) in the case of a grant to a Federal land manage- ment agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. H. R. 3684—73 1602))), the Federal Highway Administration, through an agreement; and ‘‘(ii) in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out. ‘‘(B) PARTNERSHIPS.— ‘‘(i) IN GENERAL.—A grant received under the pilot program may be used to provide funds to eligible part- ners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement. ‘‘(ii) ELIGIBLE PARTNERS DESCRIBED.—The eligible partners referred to in clause (i) include— ‘‘(I) a metropolitan planning organization (as defined in section 134(b)); ‘‘(II) a unit of local government; ‘‘(III) a regional transportation authority; ‘‘(IV) a special purpose district or public authority with a transportation function, including a port authority; ‘‘(V) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); ‘‘(VI) a Federal land management agency; ‘‘(VII) a foundation, nongovernmental organization, or institution of higher education; ‘‘(VIII) a Federal, Tribal, regional, or State government entity; and ‘‘(IX) a group of any of the entities described in subclauses (I) through (VIII). ‘‘(3) COMPLIANCE.—An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds. ‘‘(g) REQUIREMENT.—The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas. ‘‘(h) ANNUAL REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year. ‘‘(2) CONTENTS.—The report under paragraph (1) shall include— ‘‘(A) a detailed description of the activities carried out under the pilot program; ‘‘(B) an evaluation of the effectiveness of the pilot pro- gram in meeting the purposes described in subsection (b); and H. R. 3684—74 ‘‘(C) policy recommendations to improve the effective- ness of the pilot program. ‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.’’. (2) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following: ‘‘171. Wildlife crossings pilot program.’’. (c) WILDLIFE VEHICLE COLLISION REDUCTION AND HABITAT CONNECTIVITY IMPROVEMENT.— (1) IN GENERAL.—Chapter 1 of title 23, United States Code (as amended by subsection (b)(1)), is amended by adding at the end the following: ‘‘§ 172. Wildlife-vehicle collision reduction and habitat connectivity improvement ‘‘(a) STUDY.— ‘‘(1) IN GENERAL.—The Secretary shall conduct a study (referred to in this subsection as the ‘study’) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as ‘wildlife-vehicle collisions’). ‘‘(2) CONTENTS.— ‘‘(A) AREAS OF STUDY.—The study shall— ‘‘(i) update and expand on, as appropriate— ‘‘(I) the report entitled ‘Wildlife Vehicle Colli- sion Reduction Study: 2008 Report to Congress’; and ‘‘(II) the document entitled ‘Wildlife Vehicle Collision Reduction Study: Best Practices Manual’ and dated October 2008; and ‘‘(ii) include— ‘‘(I) an assessment, as of the date of the study, of— ‘‘(aa) the causes of wildlife-vehicle colli- sions; ‘‘(bb) the impact of wildlife-vehicle colli- sions on motorists and wildlife; and ‘‘(cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and ‘‘(II) solutions and best practices for— ‘‘(aa) reducing wildlife-vehicle collisions; and ‘‘(bb) improving habitat connectivity for terrestrial and aquatic species. ‘‘(B) METHODS.—In carrying out the study, the Sec- retary shall— ‘‘(i) conduct a thorough review of research and data relating to— ‘‘(I) wildlife-vehicle collisions; and ‘‘(II) habitat fragmentation that results from transportation infrastructure; ‘‘(ii) survey current practices of the Department of Transportation and State departments of transpor- tation to reduce wildlife-vehicle collisions; and H. R. 3684—75 ‘‘(iii) consult with— ‘‘(I) appropriate experts in the field of wildlife- vehicle collisions; and ‘‘(II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species. ‘‘(3) REPORT.— ‘‘(A) IN GENERAL.—Not later than 18 months after the date of enactment of the Surface Transportation Reauthor- ization Act of 2021, the Secretary shall submit to Congress a report on the results of the study. ‘‘(B) CONTENTS.—The report under subparagraph (A) shall include— ‘‘(i) a description of— ‘‘(I) the causes of wildlife-vehicle collisions; ‘‘(II) the impacts of wildlife-vehicle collisions; and ‘‘(III) the impacts of roads and traffic on— ‘‘(aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ‘‘(bb) species identified by States as spe- cies of greatest conservation need; ‘‘(cc) species identified in State wildlife plans; and ‘‘(dd) medium and small terrestrial and aquatic species; ‘‘(ii) an economic evaluation of the costs and bene- fits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners; ‘‘(iii) recommendations for preventing wildlife- vehicle collisions, including recommended best prac- tices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and ‘‘(iv) guidance, developed in consultation with Fed- eral land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for devel- oping, for each State that agrees to participate, a vol- untary joint statewide transportation and wildlife action plan— ‘‘(I) to address wildlife-vehicle collisions; and ‘‘(II) to improve habitat connectivity for terres- trial and aquatic species. ‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL TRAINING.— ‘‘(1) IN GENERAL.—Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses— ‘‘(A) to reduce wildlife-vehicle collisions; and ‘‘(B) to improve habitat connectivity for terrestrial and aquatic species. ‘‘(2) AVAILABILITY.—The Secretary shall— H. R. 3684—76 ‘‘(A) make the series of courses developed under para- graph (1) available for transportation and fish and wildlife professionals; and ‘‘(B) update the series of courses not less frequently than once every 2 years. ‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND CARCASS DATA.— ‘‘(1) STANDARDIZED METHODOLOGY.— ‘‘(A) IN GENERAL.—The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the ‘Secretary’), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and car- cass data for the National Highway System, considering the practicability of the methodology with respect to tech- nology and cost. ‘‘(B) METHODOLOGY.—In developing the standardized methodology under subparagraph (A), the Secretary shall— ‘‘(i) survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and ‘‘(ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection. ‘‘(C) CONSULTATION.—In developing the standardized methodology under subparagraph (A), the Secretary shall consult with— ‘‘(i) the Secretary of the Interior; ‘‘(ii) the Secretary of Agriculture, acting through the Chief of the Forest Service; ‘‘(iii) Tribal, State, and local transportation and wildlife authorities; ‘‘(iv) metropolitan planning organizations (as defined in section 134(b)); ‘‘(v) members of the American Association of State Highway Transportation Officials; ‘‘(vi) members of the Association of Fish and Wild- life Agencies; ‘‘(vii) experts in the field of wildlife-vehicle colli- sions; ‘‘(viii) nongovernmental organizations; and ‘‘(ix) other interested stakeholders, as appropriate. ‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM WITH VOL- UNTARY TEMPLATE IMPLEMENTATION.—The Secretary shall— ‘‘(A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under para- graph (1); and ‘‘(B) encourage the voluntary implementation of the template developed under subparagraph (A). ‘‘(3) REPORTS.— ‘‘(A) METHODOLOGY.—The Secretary shall submit to Congress a report describing the standardized methodology H. R. 3684—77 developed under paragraph (1) not later than the later of— ‘‘(i) the date that is 18 months after the date of enactment of the Surface Transportation Reauthor- ization Act of 2021; and ‘‘(ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology. ‘‘(B) IMPLEMENTATION.—Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report describing— ‘‘(i) the status of the voluntary implementation of the standardized methodology developed under para- graph (1) and the template developed under paragraph (2)(A); ‘‘(ii) whether the implementation of the standard- ized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities— ‘‘(I) to reduce the number of wildlife-vehicle collisions; and ‘‘(II) to improve habitat connectivity; ‘‘(iii) the degree of the impact described in clause (ii); and ‘‘(iv) the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any. ‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Secretary shall— ‘‘(1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration— ‘‘(A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk; ‘‘(B) highway-related mortality and the effects of traffic on the highway on— ‘‘(i) species listed as endangered species or threat- ened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ‘‘(ii) species identified by a State as species of greatest conservation need; ‘‘(iii) species identified in State wildlife plans; and ‘‘(iv) medium and small terrestrial and aquatic species; and ‘‘(C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species.’’. (2) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code (as amended by subsection (b)(2)) H. R. 3684—78 is amended by inserting after the item relating to section 171 the following: ‘‘172. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’. (d) WILDLIFE CROSSINGS STANDARDS.—Section 109(c)(2) of title 23, United States Code, is amended— (1) in subparagraph (E), by striking ‘‘and’’ at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ‘‘(F) the publication of the Federal Highway Adminis- tration entitled ‘Wildlife Crossing Structure Handbook: Design and Evaluation in North America’ and dated March 2011; and’’. (e) WILDLIFE HABITAT CONNECTIVITY AND NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION STANDARDS.—Section 144 of title 23, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (B), by inserting ‘‘, resilience,’’ after ‘‘safety’’; (B) in subparagraph (D), by striking ‘‘and’’ at the end; (C) in subparagraph (E), by striking the period at the end and inserting ‘‘; and’’; and (D) by adding at the end the following: ‘‘(F) to ensure adequate passage of aquatic and terres- trial species, where appropriate.’’; (2) in subsection (b)— (A) in paragraph (4), by striking ‘‘and’’ at the end; (B) in paragraph (5), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(6) determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species.’’; and (3) in subsection (i), by adding at the end the following: ‘‘(3) REQUIREMENT.—The first revision under paragraph (2) after the date of enactment of the Surface Transportation Reauthorization Act of 2021 shall include techniques to assess passage of aquatic and terrestrial species and habitat restora- tion potential.’’. SEC. 11124. CONSOLIDATION OF PROGRAMS. Section 1519(a) of MAP–21 (Public Law 112–141; 126 Stat. 574; 129 Stat. 1423) is amended, in the matter preceding paragraph (1), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’. SEC. 11125. GAO REPORT. (a) IN GENERAL.—Section 1433 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) is repealed. (b) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312) is amended by striking the item relating to section 1433. SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. Section 165 of title 23, United States Code, is amended— H. R. 3684—79 (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: ‘‘(1) for the Puerto Rico highway program under subsection (b)— ‘‘(A) $173,010,000 shall be for fiscal year 2022; ‘‘(B) $176,960,000 shall be for fiscal year 2023; ‘‘(C) $180,120,000 shall be for fiscal year 2024; ‘‘(D) $183,675,000 shall be for fiscal year 2025; and ‘‘(E) $187,230,000 shall be for fiscal year 2026; and ‘‘(2) for the territorial highway program under subsection (c)— ‘‘(A) $45,990,000 shall be for fiscal year 2022; ‘‘(B) $47,040,000 shall be for fiscal year 2023; ‘‘(C) $47,880,000 shall be for fiscal year 2024; ‘‘(D) $48,825,000 shall be for fiscal year 2025; and ‘‘(E) $49,770,000 shall be for fiscal year 2026.’’; (2) in subsection (b)(2)(C)(iii), by inserting ‘‘and preventa- tive maintenance on the National Highway System’’ after ‘‘chapter 1’’; and (3) in subsection (c)(7), by striking ‘‘paragraphs (1) through (4) of section 133(c) and section 133(b)(12)’’ and inserting ‘‘para- graphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13)’’. SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM. Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114–94) is amended— (1) in subsection (c)(3), by striking ‘‘$25,000,000’’ and all that follows through the period at the end and inserting ‘‘$12,500,000.’’; (2) in subsection (g)— (A) by striking the subsection designation and heading and all that follows through ‘‘The Federal’’ in paragraph (1) and inserting the following: ‘‘(g) COST SHARE.— ‘‘(1) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Federal’’; (B) in paragraph (1), by adding at the end the following: ‘‘(B) TRIBAL PROJECTS.—In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent.’’; and (C) in paragraph (2), by striking ‘‘other than those made available under title 23 or title 49, United States Code,’’; and (3) by striking subsection (h) and inserting the following: ‘‘(h) USE OF FUNDS.— ‘‘(1) IN GENERAL.—For each fiscal year, of the amounts made available to carry out this section— ‘‘(A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and H. R. 3684—80 ‘‘(B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code). ‘‘(2) REQUIREMENT.—Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. ‘‘(3) AVAILABILITY.—Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appro- priated.’’. SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. Section 1123(h) of MAP–21 (23 U.S.C. 202 note; Public Law 112–141) is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) in paragraph (3) (as so redesignated), in the matter preceding subparagraph (A), by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) and (2)’’; and (3) by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following: ‘‘(h) FUNDING.— ‘‘(1) SET-ASIDE.—For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transpor- tation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts made available under paragraph (1), there is author- ized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026.’’. SEC. 11129. STANDARDS. Section 109 of title 23, United States Code, is amended— (1) in subsection (d)— (A) by striking ‘‘(d) On any’’ and inserting the following: ‘‘(d) MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.— ‘‘(1) IN GENERAL.—On any’’; (B) in paragraph (1) (as so designated), by striking ‘‘promote the safe’’ and inserting ‘‘promote the safety, inclu- sion, and mobility of all users’’; and (C) by adding at the end the following: ‘‘(2) UPDATES.—Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and not less frequently than every 4 years there- after, the Secretary shall update the Manual on Uniform Traffic Control Devices.’’; (2) in subsection (o)— (A) by striking ‘‘Projects’’ and inserting: ‘‘(A) IN GENERAL.—Projects’’; and (B) by inserting at the end the following: ‘‘(B) LOCAL JURISDICTIONS.—Notwithstanding subpara- graph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which H. R. 3684—81 the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdic- tion (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws.’’; and (3) by adding at the end the following: ‘‘(s) ELECTRIC VEHICLE CHARGING STATIONS.— ‘‘(1) STANDARDS.—Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum— ‘‘(A) non-proprietary charging connectors that meet applicable industry safety standards; and ‘‘(B) open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastruc- ture that shall not be limited by membership to a particular payment provider. ‘‘(2) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project to install electric vehicle charging infrastructure using funds provided under this title shall be treated as if the project is located on a Federal-aid highway.’’. SEC. 11130. PUBLIC TRANSPORTATION. (a) IN GENERAL.—Section 142(a) of title 23, United States Code, is amended by adding at the end the following: ‘‘(3) BUS CORRIDORS.—In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of— ‘‘(A) traffic signaling and prioritization systems; ‘‘(B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor; ‘‘(C) on-street stations; ‘‘(D) fare collection systems; ‘‘(E) information and wayfinding systems; and ‘‘(F) depots.’’. (b) TECHNICAL CORRECTION.—Section 142 of title 23, United States Code, is amended by striking subsection (i). SEC. 11131. RESERVATION OF CERTAIN FUNDS. (a) OPEN CONTAINER REQUIREMENTS.—Section 154(c)(2) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking ‘‘2012’’ and inserting ‘‘2022’’; (2) by striking subparagraph (A) and inserting the fol- lowing: ‘‘(A) RESERVATION OF FUNDS.— ‘‘(i) IN GENERAL.—On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will H. R. 3684—82 use those reserved funds in accordance with subpara- graphs (A) and (B) of paragraph (1), and paragraph (3). ‘‘(ii) STATES DESCRIBED.—A State referred to in clause (i) is a State— ‘‘(I) that has not enacted or is not enforcing an open container law described in subsection (b); and ‘‘(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).’’; and (3) in subparagraph (B), in the matter preceding clause (i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph (A)(i)’’. (b) REPEAT INTOXICATED DRIVER LAWS.—Section 164(b)(2) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking ‘‘2012’’ and inserting ‘‘2022’’; (2) by striking subparagraph (A) and inserting the fol- lowing: ‘‘(A) RESERVATION OF FUNDS.— ‘‘(i) IN GENERAL.—On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subpara- graphs (A) and (B) of paragraph (1), and paragraph (3). ‘‘(ii) STATES DESCRIBED.—A State referred to in clause (i) is a State— ‘‘(I) that has not enacted or is not enforcing a repeat intoxicated driver law; and ‘‘(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law.’’; and (3) in subparagraph (B), in the matter preceding clause (i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph (A)(i)’’. SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM. (a) IN GENERAL.—Chapter 1 of title 23, United States Code (as amended by section 11123(c)(1)), is amended by adding at the end the following: ‘‘§ 173. Rural surface transportation grant program ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) PROGRAM.—The term ‘program’ means the program established under subsection (b)(1). ‘‘(2) RURAL AREA.—The term ‘rural area’ means an area that is outside an urbanized area with a population of over 200,000. ‘‘(b) ESTABLISHMENT.— H. R. 3684—83 ‘‘(1) IN GENERAL.—The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas. ‘‘(2) GOALS.—The goals of the program shall be— ‘‘(A) to increase connectivity; ‘‘(B) to improve the safety and reliability of the move- ment of people and freight; and ‘‘(C) to generate regional economic growth and improve quality of life. ‘‘(3) GRANT ADMINISTRATION.—The Secretary may— ‘‘(A) retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and ‘‘(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program. ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make a grant under the program to— ‘‘(1) a State; ‘‘(2) a regional transportation planning organization; ‘‘(3) a unit of local government; ‘‘(4) a Tribal government or a consortium of Tribal govern- ments; and ‘‘(5) a multijurisdictional group of entities described in para- graphs (1) through (4). ‘‘(d) APPLICATIONS.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such informa- tion as the Secretary may require. ‘‘(e) ELIGIBLE PROJECTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is— ‘‘(A) a highway, bridge, or tunnel project eligible under section 119(d); ‘‘(B) a highway, bridge, or tunnel project eligible under section 133(b); ‘‘(C) a project eligible under section 202(a); ‘‘(D) a highway freight project eligible under section 167(h)(5); ‘‘(E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a)); ‘‘(F) a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or ‘‘(G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility serv- ices. ‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.— ‘‘(A) IN GENERAL.—An eligible entity may bundle 2 or more similar eligible projects under the program that are— H. R. 3684—84 ‘‘(i) included as a bundled project in a statewide transportation improvement program under section 135; and ‘‘(ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity. ‘‘(B) ITEMIZATION.—Notwithstanding any other provi- sion of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135. ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity may use funds from a grant under the program for— ‘‘(1) development phase activities, including planning, feasi- bility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and ‘‘(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construc- tion contingencies, acquisition of equipment, and operational improvements. ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project— ‘‘(1) will generate regional economic, mobility, or safety benefits; ‘‘(2) will be cost effective; ‘‘(3) will contribute to the accomplishment of 1 or more of the national goals under section 150; ‘‘(4) is based on the results of preliminary engineering; and ‘‘(5) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. ‘‘(h) ADDITIONAL CONSIDERATIONS.—In providing grants under the program, the Secretary shall consider the extent to which an eligible project will— ‘‘(1) improve the state of good repair of existing highway, bridge, and tunnel facilities; ‘‘(2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas; ‘‘(3) address economic development and job creation chal- lenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the inter- agency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021)); ‘‘(4) enhance recreational and tourism opportunities by pro- viding access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks; ‘‘(5) contribute to geographic diversity among grant recipi- ents; ‘‘(6) utilize innovative project delivery approaches or incor- porate transportation technologies; H. R. 3684—85 ‘‘(7) coordinate with projects to address broadband infra- structure needs; or ‘‘(8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources. ‘‘(i) GRANT AMOUNT.—Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000. ‘‘(j) FEDERAL SHARE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent. ‘‘(2) FEDERAL SHARE FOR CERTAIN PROJECTS.—The Federal share of the cost of an eligible project that furthers the comple- tion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) shall be up to 100 percent, as determined by the State. ‘‘(3) USE OF OTHER FEDERAL ASSISTANCE.—Federal assist- ance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program. ‘‘(k) SET ASIDES.— ‘‘(1) SMALL PROJECTS.—The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000. ‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.—The Secretary shall reserve 25 percent of the amounts made avail- able for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appa- lachian Development Highway System under section 14501 of title 40. ‘‘(3) RURAL ROADWAY LANE DEPARTURES.—The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary. ‘‘(4) EXCESS FUNDING.—In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program. ‘‘(l) CONGRESSIONAL REVIEW.— ‘‘(1) NOTIFICATION.—Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— ‘‘(A) a list of all applications determined to be eligible for a grant by the Secretary; H. R. 3684—86 ‘‘(B) each application proposed to be selected for a grant, including a justification for the selection; and ‘‘(C) proposed grant amounts. ‘‘(2) COMMITTEE REVIEW.—Before the last day of the 60- day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary. ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Secretary may not make a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). ‘‘(m) TRANSPARENCY.— ‘‘(1) IN GENERAL.—Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1). ‘‘(2) BRIEFING.—The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program. ‘‘(n) REPORTS.— ‘‘(1) ANNUAL REPORT.—The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year. ‘‘(2) COMPTROLLER GENERAL.— ‘‘(A) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the adminis- trative establishment, solicitation, selection, and justifica- tion process with respect to the awarding of grants under the program for each fiscal year. ‘‘(B) REPORT.—Each fiscal year, the Comptroller Gen- eral shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a report that describes, for the fiscal year— ‘‘(i) the adequacy and fairness of the process by which each project was selected, if applicable; and ‘‘(ii) the justification and criteria used for the selec- tion of each project, if applicable. ‘‘(o) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11123(c)(2)), is amended by inserting after the item relating to section 172 the following: ‘‘173. Rural surface transportation grant program.’’. SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. Section 217 of title 23, United States Code, is amended— (1) in subsection (a)— H. R. 3684—87 (A) by striking ‘‘pedestrian walkways and bicycle’’ and inserting ‘‘pedestrian walkways and bicycle and shared micromobility’’; and (B) by striking ‘‘safe bicycle use’’ and inserting ‘‘safe access for bicyclists and pedestrians’’; (2) in subsection (d), by striking ‘‘a position’’ and inserting ‘‘up to 2 positions’’; (3) in subsection (e), by striking ‘‘bicycles’’ each place it appears and inserting ‘‘pedestrians or bicyclists’’; (4) in subsection (f), by striking ‘‘and a bicycle’’ and inserting ‘‘or a bicycle or shared micromobility’’; and (5) in subsection (j), by striking paragraph (2) and inserting the following: ‘‘(2) ELECTRIC BICYCLE.— ‘‘(A) IN GENERAL.—The term ‘electric bicycle’ means a bicycle— ‘‘(i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts; ‘‘(ii) that can safely share a bicycle transportation facility with other users of such facility; and ‘‘(iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. ‘‘(B) CLASSES OF ELECTRIC BICYCLES.— ‘‘(i) CLASS 1 ELECTRIC BICYCLE.—For purposes of subparagraph (A)(iii), the term ‘class 1 electric bicycle’ means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that— ‘‘(I) provides assistance only when the rider is pedaling; and ‘‘(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. ‘‘(ii) CLASS 2 ELECTRIC BICYCLE.—For purposes of subparagraph (A)(iii), the term ‘class 2 electric bicycle’ means an electric bicycle equipped with a motor that— ‘‘(I) may be used exclusively to propel the bicycle; and ‘‘(II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. ‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—For purposes of subparagraph (A)(iii), the term ‘class 3 electric bicycle’ means an electric bicycle equipped with a motor that— ‘‘(I) provides assistance only when the rider is pedaling; and ‘‘(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour.’’. SEC. 11134. RECREATIONAL TRAILS PROGRAM. Section 206 of title 23, United States Code, is amended by adding at the end the following: ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section.’’. H. R. 3684—88 SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, to the greatest extent practicable, the Secretary shall include updates necessary to provide for— (1) the protection of vulnerable road users (as defined in section 148(a) of title 23, United States Code); (2) supporting the safe testing of automated vehicle tech- nology and any preparation necessary for the safe integration of automated vehicles onto public streets; (3) appropriate use of variable message signs to enhance public safety; (4) the minimum retroreflectivity of traffic control devices and pavement markings; and (5) any additional recommendations made by the National Committee on Uniform Traffic Control Devices that have not been incorporated into the Manual on Uniform Traffic Control Devices. Subtitle B—Planning and Performance Management SEC. 11201. TRANSPORTATION PLANNING. (a) METROPOLITAN TRANSPORTATION PLANNING.—Section 134 of title 23, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (3), by adding at the end the following: ‘‘(D) CONSIDERATIONS.—In designating officials or rep- resentatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan plan- ning organization, the metropolitan planning organization shall consider the equitable and proportional representa- tion of the population of the metropolitan planning area.’’; and (B) in paragraph (7)— (i) by striking ‘‘an existing metropolitan planning area’’ and inserting ‘‘an existing urbanized area (as defined by the Bureau of the Census)’’; and (ii) by striking ‘‘the existing metropolitan planning area’’ and inserting ‘‘the area’’; (2) in subsection (g)— (A) in paragraph (1), by striking ‘‘a metropolitan area’’ and inserting ‘‘an urbanized area (as defined by the Bureau of the Census)’’; and (B) by adding at the end the following: ‘‘(4) COORDINATION BETWEEN MPOS.—If more than 1 metro- politan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent prac- ticable, the consistency of any data used in the planning process, including information used in forecasting travel demand. H. R. 3684—89 ‘‘(5) SAVINGS CLAUSE.—Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.’’; (3) in subsection (i)(6), by adding at the end the following: ‘‘(D) USE OF TECHNOLOGY.—A metropolitan planning organization may use social media and other web-based tools— ‘‘(i) to further encourage public participation; and ‘‘(ii) to solicit public feedback during the transpor- tation planning process.’’; and (4) in subsection (p), by striking ‘‘paragraphs (5)(D) and (6) of section 104(b) of this title’’ and inserting ‘‘section 104(b)(6)’’. (b) STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLAN- NING.—Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following: ‘‘(C) USE OF TECHNOLOGY.—A State may use social media and other web-based tools— ‘‘(i) to further encourage public participation; and ‘‘(ii) to solicit public feedback during the transpor- tation planning process.’’. (c) CONFORMING AMENDMENT.—Section 135(i) of title 23, United States Code, is amended by striking ‘‘paragraphs (5)(D) and (6) of section 104(b) of this title’’ and inserting ‘‘section 104(b)(6)’’. (d) HOUSING COORDINATION.—Section 134 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting ‘‘better connect housing and employment,’’ after ‘‘urbanized areas’’; (2) in subsection (g)(3)(A), by inserting ‘‘housing,’’ after ‘‘economic development,’’; (3) in subsection (h)(1)(E), by inserting ‘‘, housing,’’ after ‘‘growth’’; (4) in subsection (i)— (A) in paragraph (4)(B)— (i) by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and (ii) by inserting after clause (ii) the following: ‘‘(iii) assumed distribution of population and housing;’’; and (B) in paragraph (6)(A), by inserting ‘‘affordable housing organizations,’’ after ‘‘disabled,’’; and (5) in subsection (k)— (A) by redesignating paragraphs (4) and (5) as para- graphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ‘‘(4) HOUSING COORDINATION PROCESS.— ‘‘(A) IN GENERAL.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and eco- nomic development strategies through a process that pro- vides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49. H. R. 3684—90 ‘‘(B) COORDINATION IN INTEGRATED PLANNING PROCESS.—In carrying out the process described in subpara- graph (A), a metropolitan planning organization may— ‘‘(i) consult with— ‘‘(I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and ‘‘(II) other appropriate public or private enti- ties; and ‘‘(ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) and plans developed under sec- tion 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1). ‘‘(C) HOUSING COORDINATION PLAN.— ‘‘(i) IN GENERAL.—A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metro- politan planning organization. ‘‘(ii) CONTENTS.—A plan described in clause (i) may— ‘‘(I) develop regional goals for the integration of housing, transportation, and economic develop- ment strategies to— ‘‘(aa) better connect housing and employ- ment while mitigating commuting times; ‘‘(bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development; ‘‘(cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area; ‘‘(dd) expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined; ‘‘(ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development; ‘‘(ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area; ‘‘(II) identify the location of existing and planned housing and employment, and transpor- tation options that connect housing and employ- ment; and H. R. 3684—91 ‘‘(III) include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership, and housing develop- ment.’’. SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS. Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as ‘‘beyond the first 4 years’’. SEC. 11203. STATE HUMAN CAPITAL PLANS. (a) IN GENERAL.—Chapter 1 of title 23, United States Code (as amended by section 11132(a)), is amended by adding at the end the following: ‘‘§ 174. State human capital plans ‘‘(a) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a ‘human capital plan’, that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title. ‘‘(b) PLAN CONTENTS.— ‘‘(1) IN GENERAL.—A human capital plan developed by a State under subsection (a) shall, to the maximum extent prac- ticable, take into consideration— ‘‘(A) significant transportation workforce trends, needs, issues, and challenges with respect to the State; ‘‘(B) the human capital policies, strategies, and performance measures that will guide the transportation- related workforce investment decisions of the State; ‘‘(C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State; ‘‘(D) a workforce planning strategy that identifies cur- rent and future human capital needs, including the knowl- edge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry; ‘‘(E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State; ‘‘(F) an implementation system for workforce goals focused on addressing continuity of leadership and knowl- edge sharing across the State; ‘‘(G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; ‘‘(H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs— H. R. 3684—92 ‘‘(i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and ‘‘(ii) to ensure that procurement methods provide the best public value; ‘‘(I) a system for analyzing and evaluating the perform- ance of the State department of transportation with respect to all aspects of human capital management policies, pro- grams, and activities; and ‘‘(J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150. ‘‘(2) PLANNING PERIOD.—If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period. ‘‘(c) PLAN UPDATES.—If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years. ‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), a human cap- ital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135. ‘‘(2) EFFECT OF SECTION.—Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135. ‘‘(e) PUBLIC AVAILABILITY.—Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation. ‘‘(f) SAVINGS PROVISION.—Nothing in this section prevents a State from carrying out transportation workforce planning— ‘‘(1) not described in this section; or ‘‘(2) not in accordance with this section.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11132(b)), is amended by inserting after the item relating to section 173 the following: ‘‘174. State human capital plans.’’. SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM. (a) DEFINITIONS.—In this section: (1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any of the following: (A) A metropolitan planning organization that serves an area with a population of over 200,000. (B) A State. (2) METROPOLITAN PLANNING ORGANIZATION.—The term ‘‘metropolitan planning organization’’ has the meaning given the term in section 134(b) of title 23, United States Code. (3) PRIORITIZATION PROCESS PILOT PROGRAM.—The term ‘‘prioritization process pilot program’’ means the pilot program established under subsection (b)(1). (b) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary shall establish and solicit applications for a prioritization process pilot program. H. R. 3684—93 (2) PURPOSE.—The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public ben- efit. (c) PILOT PROGRAM ADMINISTRATION.— (1) IN GENERAL.—An eligible entity participating in the prioritization process pilot program shall— (A) use priority objectives that are developed— (i) in the case of an urbanized area with a popu- lation of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State; (ii) in the case of an urbanized area with a popu- lation of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and (iii) through a public process that provides an opportunity for public input; (B) assess and score projects and strategies on the basis of— (i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A); (ii) the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and (iii) public support; (C) use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement pro- gram; and (D) ensure that the public— (i) has opportunities to provide public comment on projects before decisions are made on the transpor- tation plan and the transportation improvement pro- gram; and (ii) has access to clear reasons why each project or strategy was selected or not selected. (2) REQUIREMENTS.—An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable: (A) METROPOLITAN TRANSPORTATION PLANNING.—In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall— (i) develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall— (I) include criteria identified by the metropoli- tan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support— H. R. 3684—94 (aa) factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code; (bb) targets for national performance measures under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and (dd) priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the priority list under section 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). (B) STATEWIDE TRANSPORTATION PLANNING.—In the case of a State, the State shall— (i) develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall— (I) include criteria identified by the State, which may be weighted to reflect statewide prior- ities, that the State has determined support— (aa) factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code; (bb) national transportation goals under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the State; and (dd) the priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the statewide transportation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as pro- vided in subparagraph (D). (C) ADDITIONAL TRANSPORTATION PLANNING.—If the eligible entity has implemented, and has in effect, the H. R. 3684—95 requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transpor- tation planning purpose. (D) EXCEPTIONS TO PRIORITY RANKING.—In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including— (i) a review of public comments regarding the project; (ii) an evaluation of public support for the project; (iii) an assessment of geographic balance of projects of the eligible entity; and (iv) the number of projects of the eligible entity in economically distressed areas. (3) MAXIMUM AMOUNT.—The maximum amount of a grant under the prioritization process pilot program is $2,000,000. (d) APPLICATIONS.—To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. SEC. 11205. TRAVEL DEMAND DATA AND MODELING. (a) DEFINITION OF METROPOLITAN PLANNING ORGANIZATION.— In this section, the term ‘‘metropolitan planning organization’’ has the meaning given the term in section 134(b) of title 23, United States Code. (b) STUDY.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary shall carry out a study that— (A) gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations; (B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including— (i) traffic counts; (ii) travel mode share and public transit ridership; and (iii) vehicle occupancy measures; and (C) uses the information described in subparagraphs (A) and (B)— (i) to develop best practices or guidance for States and metropolitan planning organizations to use in fore- casting travel demand for future investments in transportation improvements; (ii) to evaluate the impact of transportation invest- ments, including new roadway capacity, on travel H. R. 3684—96 behavior and travel demand, including public transpor- tation ridership, induced highway travel, and conges- tion; (iii) to support more accurate travel demand fore- casting by States and metropolitan planning organiza- tions; and (iv) to enhance the capacity of States and metro- politan planning organizations— (I) to forecast travel demand; and (II) to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use pat- terns. (2) SECRETARIAL SUPPORT.—The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan plan- ning organizations to improve the quality of plans, models, and forecasts described in this subsection. (3) EVALUATION TOOL.—The Secretary shall develop a pub- licly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transpor- tation assets within the State or area served by the metropoli- tan planning organization, as applicable. SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS. (a) DEFINITION OF COMPLETE STREETS STANDARDS OR POLI- CIES.—In this section, the term ‘‘Complete Streets standards or policies’’ means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, chil- dren, older individuals, individuals with disabilities, motorists, and freight vehicles. (b) FUNDING REQUIREMENT.—Notwithstanding any other provi- sion of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)— (1) in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and (2) in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code. (c) ACTIVITIES DESCRIBED.—An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include— (1) adoption of Complete Streets standards or policies; (2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street; (3) development of transportation plans— H. R. 3684—97 (A) to create a network of active transportation facili- ties, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recre- ation areas, healthcare and child care services, or other community activity centers; (B) to integrate active transportation facilities with public transportation service or improve access to public transportation; (C) to create multiuse active transportation infrastruc- ture facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between commu- nities; (D) to increase public transportation ridership; and (E) to improve the safety of bicyclists and pedestrians; (4) regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and (5) development of transportation plans and policies that support transit-oriented development. (d) FEDERAL SHARE.—The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid high- way program would be best served by decreasing or eliminating the non-Federal share. (e) STATE FLEXIBILITY.—A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan plan- ning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organiza- tion— (1) has Complete Streets standards and policies in place; and (2) has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2). Subtitle C—Project Delivery and Process Improvement SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION. (a) IN GENERAL.—Section 139 of title 23, United States Code, is amended— (1) in the section heading, by striking ‘‘decisionmaking’’ and inserting ‘‘decisionmaking and One Federal Decision’’; (2) in subsection (a)— (A) by redesignating paragraphs (2) through (8) as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively; (B) by inserting after paragraph (1) the following: ‘‘(2) AUTHORIZATION.—The term ‘authorization’ means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. H. R. 3684—98 ‘‘(3) ENVIRONMENTAL DOCUMENT.—The term ‘environmental document’ includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’; (C) in subparagraph (B) of paragraph (5) (as so redesig- nated), by striking ‘‘process for and completion of any environmental permit’’ and inserting ‘‘process and schedule, including a timetable for and completion of any environ- mental permit’’; and (D) by inserting after paragraph (6) (as so redesig- nated) the following: ‘‘(7) MAJOR PROJECT.— ‘‘(A) IN GENERAL.—The term ‘major project’ means a project for which— ‘‘(i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(ii) the project sponsor has identified the reason- able availability of funds sufficient to complete the project; ‘‘(iii) the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and ‘‘(iv)(I) the head of the lead agency has determined that an environmental impact statement is required; or ‘‘(II) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. ‘‘(B) CLARIFICATION.—In this section, the term ‘major project’ does not have the same meaning as the term ‘major project’ as described in section 106(h).’’; (3) in subsection (b)(1)— (A) by inserting ‘‘, including major projects,’’ after ‘‘all projects’’; and (B) by inserting ‘‘as requested by a project sponsor and’’ after ‘‘applied,’’; (4) in subsection (c)— (A) in paragraph (6)— (i) in subparagraph (B), by striking ‘‘and’’ at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year.’’; and (B) by adding at the end the following: ‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.— ‘‘(A) IN GENERAL.—The Secretary shall review— ‘‘(i) existing practices, procedures, rules, regula- tions, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and H. R. 3684—99 ‘‘(ii) best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects. ‘‘(B) CONSULTATION.—In conducting the review under subparagraph (A), the Secretary shall consult, as appro- priate, with the heads of other Federal agencies that participate in the environmental review process. ‘‘(C) REPORT.—Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— ‘‘(i) the results of the review under subparagraph (A); and ‘‘(ii) an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section.’’; (5) in subsection (d)— (A) in paragraph (8)— (i) in the paragraph heading, by striking ‘‘NEPA’’ and inserting ‘‘ENVIRONMENTAL’’; (ii) in subparagraph (A)— (I) by inserting ‘‘and except as provided in subparagraph (D)’’ after ‘‘paragraph (7)’’; (II) by striking ‘‘permits’’ and inserting ‘‘authorizations’’; and (III) by striking ‘‘single environment docu- ment’’ and inserting ‘‘single environmental docu- ment for each kind of environmental document’’; (iii) in subparagraph (B)(i)— (I) by striking ‘‘an environmental document’’ and inserting ‘‘environmental documents’’; and (II) by striking ‘‘permits issued’’ and inserting ‘‘authorizations’’; and (iv) by adding at the end the following: ‘‘(D) EXCEPTIONS.—The lead agency may waive the application of subparagraph (A) with respect to a project if— ‘‘(i) the project sponsor requests that agencies issue separate environmental documents; ‘‘(ii) the obligations of a cooperating agency or participating agency under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or ‘‘(iii) the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely comple- tion of the environmental review process for the project.’’; and (B) by adding at the end the following: ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR PROJECTS.— ‘‘(A) DEADLINE.—Except as provided in subparagraph (C), all authorization decisions necessary for the construc- tion of a major project shall be completed by not later H. R. 3684—100 than 90 days after the date of the issuance of a record of decision for the major project. ‘‘(B) DETAIL.—The final environmental impact state- ment for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process. ‘‘(C) EXTENSION OF DEADLINE.—The head of the lead agency may extend the deadline under subparagraph (A) if— ‘‘(i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph; ‘‘(ii) the project sponsor requests that the permit or approval follow a different timeline; or ‘‘(iii) an extension would facilitate completion of the environmental review and authorization process of the major project.’’; (6) in subsection (g)(1)— (A) in subparagraph (B)— (i) in clause (ii)(IV), by striking ‘‘schedule for and cost of’’ and inserting ‘‘time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of’’; and (ii) by adding at the end the following: ‘‘(iii) MAJOR PROJECT SCHEDULE.—To the maximum extent practicable and consistent with applicable Fed- eral law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable— ‘‘(I) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or ‘‘(II) the date on which the head of the lead agency determines that an environmental assess- ment is required to a finding of no significant impact.’’; (B) by striking subparagraph (D) and inserting the following: ‘‘(D) MODIFICATION.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause. ‘‘(ii) EXCEPTIONS.— ‘‘(I) MAJOR PROJECTS.—In the case of a major project, the lead agency may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency. ‘‘(II) SHORTENED SCHEDULES.—The lead agency may not shorten a schedule under clause H. R. 3684—101 (i) if doing so would impair the ability of a cooper- ating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.’’; (C) by redesignating subparagraph (E) as subpara- graph (F); and (D) by inserting after subparagraph (D) the following: ‘‘(E) FAILURE TO MEET DEADLINE.—If a cooperating Fed- eral agency fails to meet a deadline established under subparagraph (D)(ii)(I)— ‘‘(i) the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and ‘‘(ii) the Secretary shall— ‘‘(I) transmit to the Committee on Environ- ment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and ‘‘(II) make the report under clause (i) publicly available on the internet.’’; (7) in subsection (n), by adding at the end the following: ‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or suc- cessor regulations), of an environmental impact statement for a project shall be 200 pages or fewer. ‘‘(B) EXEMPTION.—An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project.’’; and (8) by adding at the end the following: ‘‘(p) ACCOUNTABILITY AND REPORTING FOR MAJOR PROJECTS.— ‘‘(1) IN GENERAL.—The Secretary shall establish a perform- ance accountability system to track each major project. ‘‘(2) REQUIREMENTS.—The performance accountability system under paragraph (1) shall, for each major project, track, at a minimum— ‘‘(A) the environmental review process for the major project, including the project schedule; ‘‘(B) whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule estab- lished for the environmental review process; and ‘‘(C) the time taken to complete the environmental review process. ‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall— ‘‘(A) in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery H. R. 3684—102 of a project if those categorical exclusions were available to those agencies; ‘‘(B) collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and ‘‘(C) provide to each agency described in paragraph (2)— ‘‘(i) a list of the categorical exclusions identified under subparagraph (A); and ‘‘(ii) the documentation and substantiating information under subparagraph (B). ‘‘(2) AGENCIES DESCRIBED.—The agencies referred to in paragraph (1) are— ‘‘(A) the Department of the Interior; ‘‘(B) the Department of the Army; ‘‘(C) the Department of Commerce; ‘‘(D) the Department of Agriculture; ‘‘(E) the Department of Energy; ‘‘(F) the Department of Defense; and ‘‘(G) any other Federal agency that has participated in an environmental review process for a project, as deter- mined by the Secretary. ‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.— ‘‘(A) IN GENERAL.—Not later than 1 year after the date on which the Secretary provides a list under para- graph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). ‘‘(B) PUBLIC COMMENT.—In a notice of proposed rule- making under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new cat- egorical exclusions meet the criteria for a categorical exclu- sion under section 1508.1 of title 40, Code of Federal Regu- lations (or successor regulations).’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 139 and inserting the following: ‘‘139. Efficient environmental reviews for project decisionmaking and One Federal Decision.’’. SEC. 11302. WORK ZONE PROCESS REVIEWS. The Secretary shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years. SEC. 11303. TRANSPORTATION MANAGEMENT PLANS. (a) IN GENERAL.—The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section. H. R. 3684—103 (b) NON-INTERSTATE PROJECTS.—Notwithstanding any other provision of law, a State shall not be required to develop or imple- ment a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures. SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS. (a) IN GENERAL.—The Secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regula- tions (or successor regulations). (b) IMPLEMENTATION.—The Secretary shall ensure that any guidance developed under subsection (a)— (1) clearly identifies criteria for low-risk and exempt intel- ligent transportation systems projects, with a goal of mini- mizing unnecessary delay or paperwork burden; (2) is consistently implemented by the Department nation- wide; and (3) is disseminated to Federal-aid recipients. (c) SAVINGS PROVISION.—Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administra- tive burdens. SEC. 11305. ALTERNATIVE CONTRACTING METHODS. (a) ALTERNATIVE CONTRACTING METHODS FOR FEDERAL LAND MANAGEMENT AGENCIES AND TRIBAL GOVERNMENTS.—Section 201 of title 23, United States Code, is amended by adding at the end the following: ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a con- tracting method available to a State under this title may be used by the Secretary, on behalf of— ‘‘(A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308; ‘‘(B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or ‘‘(C) a Tribal government, in using funds pursuant to section 202(b)(7)(D). ‘‘(2) METHODS DESCRIBED.—The contracting methods referred to in paragraph (1) shall include, at a minimum— ‘‘(A) project bundling; ‘‘(B) bridge bundling; ‘‘(C) design-build contracting; ‘‘(D) 2-phase contracting; ‘‘(E) long-term concession agreements; and ‘‘(F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. ‘‘(3) EFFECT.—Nothing in this subsection— ‘‘(A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or H. R. 3684—104 ‘‘(B) modifies the point of obligation of Federal salaries and expenses.’’. (b) COOPERATION WITH FEDERAL AND STATE AGENCIES AND FOREIGN COUNTRIES.—Section 308(a) of title 23, United States Code, is amended by adding at the end the following: ‘‘(4) ALTERNATIVE CONTRACTING METHODS.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. ‘‘(B) METHODS DESCRIBED.—The contracting methods referred to in subparagraph (A) shall include, at a min- imum— ‘‘(i) project bundling; ‘‘(ii) bridge bundling; ‘‘(iii) design-build contracting; ‘‘(iv) 2-phase contracting; ‘‘(v) long-term concession agreements; and ‘‘(vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.’’. (c) USE OF ALTERNATIVE CONTRACTING METHODS.—In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall— (1) in consultation with the applicable Federal land management agencies, establish clear procedures that are— (A) applicable to the alternative contracting method; and (B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement trans- actions; (2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and (3) analyze and prepare an evaluation of the use of the alternative contracting method. SEC. 11306. FLEXIBILITY FOR PROJECTS. Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114–94) is amended— (1) in subsection (a), by striking ‘‘and on request by a State, the Secretary may’’ in the matter preceding paragraph (1) and all that follows through the period at the end of para- graph (2) and inserting the following: ‘‘, on request by a State, and if in the public interest (as determined by the Secretary), the Secretary shall exercise all existing flexibilities under— ‘‘(1) the requirements of title 23, United States Code; and ‘‘(2) other requirements administered by the Secretary, in whole or in part.’’; and (2) in subsection (b)(2)(A), by inserting ‘‘(including regula- tions)’’ after ‘‘environmental law’’. SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVER- SIGHT AGREEMENTS. (a) DEFINITION OF TEMPLATE.—In this section, the term ‘‘tem- plate’’ means a template created by the Secretary for Federal- State stewardship and oversight agreements that— H. R. 3684—105 (1) includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement; (2) is developed in accordance with section 106 of title 23, United States Code, or any other applicable authority; and (3) may be developed with consideration of relevant regula- tions, guidance, or policies. (b) REQUEST FOR COMMENT.— (1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template. (2) COMMENT PERIOD.—The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1). (3) CERTAIN ISSUES.—The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifi- cally request public comment on— (A) whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval; (B) opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, pro- gram reviews, process reviews, or other means; and (C) any other matters that the Secretary determines to be appropriate. (c) NOTICE OF ACTION; UPDATES.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under sub- section (b), the Secretary shall publish in the Federal Register a notice that— (A) describes any proposed changes to be made, and any alternatives to such changes, to the template; (B) addresses comments in response to which changes were not made to the template; and (C) prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A). (2) APPROVAL REQUIREMENTS.—In addressing comments under paragraph (1)(B), the Secretary shall include an expla- nation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval. (3) IMPLEMENTATION.— (A) IN GENERAL.—Not later than 60 days after the date on which the notice under paragraph (1) is published, the Secretary shall make changes to the template in accord- ance with— (i) the changes described in the notice under para- graph (1)(A); and H. R. 3684—106 (ii) the schedule and plan described in the notice under paragraph (1)(C). (B) UPDATES.—Not later than 1 year after the date on which the revised template under subparagraph (A) is published, the Secretary shall update existing agree- ments with States according to the template updated under subparagraph (A). (d) INCLUSION OF NON-STANDARD TERMS.—Nothing in this sec- tion precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State- specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest. (e) COMPLIANCE WITH NON-STATUTORY TERMS.— (1) IN GENERAL.—The Secretary shall not enforce or other- wise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement. (2) APPROVAL AUTHORITY.—Notwithstanding any other provision of law, the Secretary shall not assert approval authority over any matter in a Federal-State stewardship and oversight agreement reserved to States. (f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of title 23, United States Code, is amended— (1) by striking ‘‘annual’’; (2) by striking ‘‘The Secretary’’ and inserting the following: ‘‘(A) IN GENERAL.—The Secretary’’; and (3) by adding at the end the following: ‘‘(B) FREQUENCY.— ‘‘(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years. ‘‘(ii) CONSULTATION WITH STATE.—The Secretary, after consultation with a State, may make a determina- tion to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i). ‘‘(iii) CAUSE.—If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause.’’. SEC. 11308. GEOMATIC DATA. (a) IN GENERAL.—The Secretary shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means. (b) CONSIDERATIONS.—In carrying out this section, the Sec- retary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational require- ments of the Secretary. (c) PUBLIC COMMENT.—Before issuing any final guidance under subsection (a), the Secretary shall provide to the public— (1) notice of the proposed guidance; and H. R. 3684—107 (2) an opportunity to comment on the proposed guidance. (d) SAVINGS CLAUSE.—Nothing in this section— (1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or (2) changes the current statutory or regulatory require- ments of the Department. SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-WAY. (a) IN GENERAL.—Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ‘‘§ 331. Evaluation of projects within an operational right- of-way ‘‘(a) DEFINITIONS.— ‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.— ‘‘(A) IN GENERAL.—In this section, the term ‘eligible project or activity’ means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations))— ‘‘(i)(I) eligible for assistance under this title; or ‘‘(II) administered as if made available under this title; ‘‘(ii) that is— ‘‘(I) a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or ‘‘(II) a new turn lane that the State advises in writing to the Secretary would assist public safety; and ‘‘(iii) that— ‘‘(I) is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or ‘‘(II) if the project or activity does not receive assistance described in clause (i) would be consid- ered a categorical exclusion if the project or activity received assistance described in clause (i). ‘‘(B) EXCLUSION.—The term ‘eligible project or activity’ does not include a project to create a new travel lane. ‘‘(2) PRELIMINARY EVALUATION.—The term ‘preliminary evaluation’, with respect to an application described in sub- section (b)(1), means an evaluation that is customary or prac- ticable for the relevant agency to complete within a 45-day period for similar applications. ‘‘(3) RELEVANT AGENCY.—The term ‘relevant agency’ means a Federal agency, other than the Federal Highway Administra- tion, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity. ‘‘(b) ACTION REQUIRED.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an H. R. 3684—108 eligible project or activity, the head of the relevant agency shall— ‘‘(A) make at least a preliminary evaluation of the application; and ‘‘(B) notify the State of the results of the preliminary evaluation under subparagraph (A). ‘‘(2) EXTENSION.—The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension. ‘‘(3) FAILURE TO ACT.—If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall— ‘‘(A) not later than 30 days after the date of the missed deadline, submit to the State, the Committee on Environ- ment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a report that describes why the deadline was missed; and ‘‘(B) not later than 14 days after the date on which a report is submitted under subparagraph (A), make pub- licly available, including on the internet, a copy of that report.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: ‘‘331. Evaluation of projects within an operational right-of-way.’’. SEC. 11310. PRELIMINARY ENGINEERING. (a) IN GENERAL.—Section 102 of title 23, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), in the second sentence, by striking ‘‘Nothing in this subsection’’ and inserting the following: ‘‘(b) SAVINGS PROVISION.—Nothing in this section’’. (b) CONFORMING AMENDMENT.—Section 144(j) of title 23, United States Code, is amended by striking paragraph (6). SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND MANAGEMENT PROJECTS. Section 203 of title 23, United States Code, is amended by adding at the end the following: ‘‘(e) EFFICIENT IMPLEMENTATION OF NEPA.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) ENVIRONMENTAL DOCUMENT.—The term ‘environ- mental document’ means an environmental impact state- ment, environmental assessment, categorical exclusion, or other document prepared under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(B) PROJECT.—The term ‘project’ means a highway project, public transportation capital project, or multimodal project that— ‘‘(i) receives funds under this title; and ‘‘(ii) is authorized under this section or section 204. H. R. 3684—109 ‘‘(C) PROJECT SPONSOR.—The term ‘project sponsor’ means the Federal land management agency that seeks or receives funds under this title for a project. ‘‘(2) ENVIRONMENTAL REVIEW TO BE COMPLETED BY FEDERAL HIGHWAY ADMINISTRATION.—The Federal Highway Administra- tion may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administra- tion to comply with the requirements of the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if— ‘‘(A) requested by a project sponsor; and ‘‘(B) all areas of analysis required by the project sponsor can be addressed. ‘‘(3) FEDERAL LAND MANAGEMENT AGENCIES ADOPTION OF EXISTING ENVIRONMENTAL REVIEW DOCUMENTS.— ‘‘(A) IN GENERAL.—To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency. ‘‘(B) INDEPENDENT EVALUATION.—Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2). ‘‘(C) USE OF SAME DOCUMENT.—In authorizing or imple- menting a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency. ‘‘(4) APPLICATION BY FEDERAL LAND MANAGEMENT AGENCIES OF CATEGORICAL EXCLUSIONS ESTABLISHED BY FEDERAL HIGHWAY ADMINISTRATION.—In carrying out requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project, the project sponsor may use categorical exclusions designated under that Act in the implementing regu- lations of the Federal Highway Administration, subject to the conditions that— ‘‘(A) the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project; ‘‘(B) the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ‘‘(C) the use of the categorical exclusion does not other- wise conflict with the implementing regulations of the project sponsor, except any list of the project sponsor that designates categorical exclusions. ‘‘(5) MITIGATION COMMITMENTS.—The Secretary shall assist the Federal land management agency with all design and miti- gation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the Secretary in accordance with this subsection.’’. H. R. 3684—110 SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING PROGRAM. (a) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by inserting after section 156 the following: ‘‘§ 157. National Environmental Policy Act of 1969 reporting program ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) CATEGORICAL EXCLUSION.—The term ‘categorical exclu- sion’ has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regula- tion). ‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.—The term ‘documented categorical exclusion’ has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regula- tions (or a successor regulation). ‘‘(3) ENVIRONMENTAL ASSESSMENT.—The term ‘environ- mental assessment’ has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). ‘‘(4) ENVIRONMENTAL IMPACT STATEMENT.—The term ‘environmental impact statement’ means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). ‘‘(5) FEDERAL AGENCY.—The term ‘Federal agency’ includes a State that has assumed responsibility under section 327. ‘‘(6) NEPA PROCESS.—The term ‘NEPA process’ means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involve- ment required to be carried out before the Secretary undertakes a proposed action. ‘‘(7) PROPOSED ACTION.—The term ‘proposed action’ means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out. ‘‘(8) REPORTING PERIOD.—The term ‘reporting period’ means the fiscal year prior to the fiscal year in which a report is issued under subsection (b). ‘‘(9) SECRETARY.—The term ‘Secretary’ includes the gov- ernor or head of an applicable State agency of a State that has assumed responsibility under section 327. ‘‘(b) REPORT ON NEPA DATA.— ‘‘(1) IN GENERAL.—The Secretary shall carry out a process to track, and annually submit to the Committee on Environ- ment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a report containing, the information described in paragraph (3). ‘‘(2) TIME TO COMPLETE.—For purposes of paragraph (3), the NEPA process— ‘‘(A) for an environmental impact statement— ‘‘(i) begins on the date on which the Notice of Intent is published in the Federal Register; and H. R. 3684—111 ‘‘(ii) ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and ‘‘(B) for an environmental assessment— ‘‘(i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and ‘‘(ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary. ‘‘(3) INFORMATION DESCRIBED.—The information referred to in paragraph (1) is, with respect to the Department of Transpor- tation— ‘‘(A) the number of proposed actions for which a cat- egorical exclusion was issued during the reporting period; ‘‘(B) the number of proposed actions for which a docu- mented categorical exclusion was issued by the Department of Transportation during the reporting period; ‘‘(C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending; ‘‘(D) the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period; ‘‘(E) the length of time the Department of Transpor- tation took to complete each environmental assessment described in subparagraph (D); ‘‘(F) the number of proposed actions pending on the date on which the report is submitted for which an environ- mental assessment is being drafted by the Department of Transportation; ‘‘(G) the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period; ‘‘(H) the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G); ‘‘(I) the number of proposed actions pending on the date on which the report is submitted for which an environ- mental impact statement is being drafted; and ‘‘(J) for the proposed actions reported under subpara- graphs (F) and (I), the percentage of those proposed actions for which— ‘‘(i) funding has been identified; and ‘‘(ii) all other Federal, State, and local activities that are required to allow the proposed action to pro- ceed are completed.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 156 the following: ‘‘157. National Environmental Policy Act of 1969 reporting program.’’. SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PRO- GRAM WRITTEN AGREEMENTS. Section 327 of title 23, United States Code, is amended— H. R. 3684—112 (1) in subsection (a)(2)(G), by inserting ‘‘, including the payment of fees awarded under section 2412 of title 28’’ before the period at the end; (2) in subsection (c)— (A) by striking paragraph (5) and inserting the fol- lowing: ‘‘(5) except as provided under paragraph (7), have a term of not more than 5 years;’’; (B) in paragraph (6), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(7) for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years.’’; (3) in subsection (g)(1)— (A) in subparagraph (B), by striking ‘‘and’’ at the end; (B) in subparagraph (C), by striking ‘‘annual’’; (C) by redesignating subparagraph (C) as subpara- graph (D); and (D) by inserting after subparagraph (B) the following: ‘‘(C) in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and’’; and (4) by adding at the end the following: ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28.’’. SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGOR- ICAL EXCLUSIONS. Section 326(c)(3) of title 23, United States Code, is amended— (1) by striking subparagraph (A) and inserting the fol- lowing: ‘‘(A) except as provided under subparagraph (C), shall have a term of not more than 3 years;’’; (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(C) shall have a term of 5 years, in the case of a State that has assumed the responsibility for categorical exclusions under this section for not fewer than 10 years.’’. SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION PROJECT ENVIRONMENTAL REVIEW. Section 123 of title 23, United States Code, is amended to read as follows: ‘‘§ 123. Relocation of utility facilities ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) COST OF RELOCATION.—The term ‘cost of relocation’ includes the entire amount paid by a utility properly attrib- utable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility. ‘‘(2) EARLY UTILITY RELOCATION PROJECT.—The term ‘early utility relocation project’ means utility relocation activities H. R. 3684—113 identified by the State for performance before completion of the environmental review process for the transportation project. ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—The term ‘environ- mental review process’ has the meaning given the term in section 139(a). ‘‘(4) TRANSPORTATION PROJECT.—The term ‘transportation project’ means a project. ‘‘(5) UTILITY FACILITY.—The term ‘utility facility’ means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing commu- nications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ‘‘(6) UTILITY RELOCATION ACTIVITY.—The term ‘utility relocation activity’ means an activity necessary for the reloca- tion of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction. ‘‘(b) REIMBURSEMENT TO STATES.— ‘‘(1) IN GENERAL.—If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project. ‘‘(2) LIMITATION.—Federal funds shall not be used to reimburse a State under this section if the payment to the utility— ‘‘(A) violates the law of the State; or ‘‘(B) violates a legal contract between the utility and the State. ‘‘(3) REQUIREMENT.—A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including utility reloca- tion activities. ‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY RELOCATION PRIOR TO TRANSPORTATION PROJECT ENVIRONMENTAL REVIEW PROCESS.— ‘‘(A) IN GENERAL.—In addition to the requirements under paragraphs (1) through (3), a State may carry out, at the expense of the State, an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project. ‘‘(B) REQUIREMENTS FOR REIMBURSEMENT.—Funds apportioned to a State under this title may be used to pay the costs incurred by the State for an early utility relocation project only if the State demonstrates to the Secretary, and the Secretary finds that— ‘‘(i) the early utility relocation project is necessary to accommodate a transportation project; H. R. 3684—114 ‘‘(ii) the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project; ‘‘(iii) before the commencement of the utility reloca- tion activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project— ‘‘(I) would not result in significant adverse environmental impacts; and ‘‘(II) would comply with other applicable Fed- eral environmental requirements; ‘‘(iv) the early utility relocation project did not influence— ‘‘(I) the environmental review process for the transportation project; ‘‘(II) the decision relating to the need to con- struct the transportation project; or ‘‘(III) the selection of the transportation project design or location; ‘‘(v) the early utility relocation project complies with all applicable provisions of law, including regula- tions issued pursuant to this title; ‘‘(vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds; ‘‘(vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135; ‘‘(viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for the transportation project for which the early utility relocation project was necessitated; and ‘‘(ix) the transportation project that necessitated the utility relocation activity is approved for construc- tion. ‘‘(C) SAVINGS PROVISION.—Nothing in this paragraph affects other eligibility requirements or authorities for Fed- eral participation in payment of costs incurred for utility relocation activities. ‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Nothing in this sec- tion affects the applicability of other requirements that would other- wise apply to an early utility relocation project, including any applicable requirements under— ‘‘(1) section 138; ‘‘(2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), including regulations under part 24 of title 49, Code of Federal Regulations (or successor regulations); ‘‘(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or H. R. 3684—115 ‘‘(4) an environmental review process.’’. SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS. Section 138(a) of title 23, United States Code, is amended— (1) in the fourth sentence, by striking ‘‘In carrying out’’ and inserting the following: ‘‘(4) STUDIES.—In carrying out’’; (2) in the third sentence— (A) by striking ‘‘such land, and (2) such program’’ and inserting the following: ‘‘the land; and ‘‘(B) the program’’; (B) by striking ‘‘unless (1) there is’’ and inserting the following: ‘‘unless— ‘‘(A) there is’’; and (C) by striking ‘‘After the’’ and inserting the following: ‘‘(3) REQUIREMENT.—After the’’; (3) in the second sentence— (A) by striking ‘‘The Secretary of Transportation’’ and inserting the following: ‘‘(2) COOPERATION AND CONSULTATION.— ‘‘(A) IN GENERAL.—The Secretary’’; and (B) by adding at the end the following: ‘‘(B) TIMELINE FOR APPROVALS.— ‘‘(i) IN GENERAL.—The Secretary shall— ‘‘(I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and ‘‘(II) provide a period of 30 days for receipt of comments. ‘‘(ii) ASSUMED ACCEPTANCE.—If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action. ‘‘(C) EFFECT.—Nothing in subparagraph (B) affects— ‘‘(i) the requirements under— ‘‘(I) subsections (b) through (f); or ‘‘(II) the consultation process under section 306108 of title 54; or ‘‘(ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary.’’; and (4) in the first sentence, by striking ‘‘It is declared to be’’ and inserting the following: ‘‘(1) IN GENERAL.—It is’’. SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE. Section 1317(1) of MAP–21 (23 U.S.C. 109 note; Public Law 112–141) is amended— (1) in subparagraph (A), by striking ‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’; and (2) in subparagraph (B), by striking ‘‘$30,000,000’’ and inserting ‘‘$35,000,000’’. SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. (a) DEFINITIONS.—In this section: (1) FEDERAL LAND.— H. R. 3684—116 (A) IN GENERAL.—The term ‘‘Federal land’’ means land the title to which is held by the United States. (B) EXCLUSIONS.—The term ‘‘Federal land’’ does not include— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a wilderness study area within the National Forest System; or (v) Indian land. (2) GATHERING LINE AND ASSOCIATED FIELD COMPRESSION OR PUMPING UNIT.— (A) IN GENERAL.—The term ‘‘gathering line and associ- ated field compression or pumping unit’’ means— (i) a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and (ii) if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. (B) INCLUSIONS.—The term ‘‘gathering line and associ- ated field compression or pumping unit’’ includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility. (C) EXCLUSIONS.—The term ‘‘gathering line and associ- ated field compression or pumping unit’’ does not include a common carrier pipeline. (3) INDIAN LAND.—The term ‘‘Indian land’’ means land the title to which is held by— (A) the United States in trust for an Indian Tribe or an individual Indian; or (B) an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. (4) PRODUCED WATER.—The term ‘‘produced water’’ means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (b) CERTAIN GATHERING LINES.— (1) IN GENERAL.—Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit— H. R. 3684—117 (A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity; (B) are located adjacent to or within— (i) any existing disturbed area; or (ii) an existing corridor for a right-of-way; and (C) would reduce— (i) in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or (ii) in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit. (2) APPLICABILITY.—Paragraph (1) shall apply to Indian land, or a portion of Indian land— (A) to which the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies; and (B) for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land). (c) EFFECT ON OTHER LAW.—Nothing in this section— (1) affects or alters any requirement— (A) relating to prior consent under— (i) section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324); or (ii) section 16(e) of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25 U.S.C. 5123(e)) (commonly known as the ‘‘Indian Reorganization Act’’); (B) under section 306108 of title 54, United States Code; or (C) under any other Federal law (including regulations) relating to Tribal consent for rights-of-way across Indian land; or (2) makes the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to land to which that Act otherwise would not apply. SEC. 11319. ANNUAL REPORT. (a) DEFINITION OF COVERED PROJECT.—In this section, the term ‘‘covered project’’ means a project or activity carried out with funds provided by the Department, including a project carried out under title 23 or 49, United States Code— (1) that is more than 5 years behind schedule; or (2) for which the total amount spent on the project or activity is not less than $1,000,000,000 more than the original cost estimate for the project or activity. (b) REQUIREMENT.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall H. R. 3684—118 submit to Congress a report on covered projects of the Department, which shall include, for each covered project— (1) a brief description of the covered project, including— (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, if applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appro- priations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project. Subtitle D—Climate Change SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE. (a) PURPOSE.—The purpose of this section is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastruc- ture along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles. (b) GRANT PROGRAM.—Section 151 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking ‘‘Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall’’ and inserting ‘‘The Secretary shall periodically’’; and (B) by striking ‘‘to improve the mobility’’ and inserting ‘‘to support changes in the transportation sector that help achieve a reduction in greenhouse gas emissions and improve the mobility’’; H. R. 3684—119 (2) in subsection (b)(2), by inserting ‘‘previously designated by the Federal Highway Administration or’’ before ‘‘designated by’’; (3) by striking subsection (d) and inserting the following: ‘‘(d) REDESIGNATION.— ‘‘(1) INITIAL REDESIGNATION.—Not later than 180 days after the date of enactment of the Surface Transportation Reauthor- ization Act of 2021, the Secretary shall update and redesignate the corridors under subsection (a). ‘‘(2) SUBSEQUENT REDESIGNATION.—The Secretary shall establish a recurring process to regularly update and redesig- nate the corridors under subsection (a).’’; (4) in subsection (e)— (A) in paragraph (1), by striking ‘‘and’’ at the end; (B) in paragraph (2)— (i) by striking ‘‘establishes an aspirational goal of achieving’’ and inserting ‘‘describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve’’; and (ii) by striking ‘‘by the end of fiscal year 2020.’’ and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastruc- ture, hydrogen fueling infrastructure, propane fueling infra- structure and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure.’’; and (5) by adding at the end the following: ‘‘(f) GRANT PROGRAM.— ‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this subsection, the term ‘private entity’ means a corporation, partnership, com- pany, or nonprofit organization. ‘‘(2) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (6). ‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to receive a grant under this subsection is— ‘‘(A) a State or political subdivision of a State; ‘‘(B) a metropolitan planning organization; ‘‘(C) a unit of local government; ‘‘(D) a special purpose district or public authority with a transportation function, including a port authority; ‘‘(E) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); ‘‘(F) a territory of the United States; ‘‘(G) an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subpara- graphs (A) through (F); or ‘‘(H) a group of entities described in subparagraphs (A) through (G). H. R. 3684—120 ‘‘(4) APPLICATIONS.—To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including— ‘‘(A) a description of how the eligible entity has consid- ered— ‘‘(i) public accessibility of charging or fueling infra- structure proposed to be funded with a grant under this subsection, including— ‘‘(I) charging or fueling connector types and publicly available information on real-time avail- ability; and ‘‘(II) payment methods to ensure secure, convenient, fair, and equal access; ‘‘(ii) collaborative engagement with stakeholders (including automobile manufacturers, utilities, infra- structure providers, technology providers, electric charging, hydrogen, propane, and natural gas fuel pro- viders, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and opera- tors, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities)— ‘‘(I) to foster enhanced, coordinated, public- private or private investment in electric vehicle charging infrastructure, hydrogen fueling infra- structure, propane fueling infrastructure, or nat- ural gas fueling infrastructure; ‘‘(II) to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infra- structure, propane fueling infrastructure, or nat- ural gas fueling infrastructure; ‘‘(III) to protect personal privacy and ensure cybersecurity; and ‘‘(IV) to ensure that a properly trained workforce is available to construct and install elec- tric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastruc- ture, or natural gas fueling infrastructure; ‘‘(iii) the location of the station or fueling site, such as consideration of— ‘‘(I) the availability of onsite amenities for vehicle operators, such as restrooms or food facili- ties; ‘‘(II) access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); ‘‘(III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi-trailer trucks; and ‘‘(IV) appropriate distribution to avoid redun- dancy and fill charging or fueling gaps; ‘‘(iv) infrastructure installation that can be respon- sive to technology advancements, such as accommo- dating autonomous vehicles, vehicle-to-grid technology, and future charging methods; and H. R. 3684—121 ‘‘(v) the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and ‘‘(B) an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life- Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool). ‘‘(5) CONSIDERATIONS.—In selecting eligible entities to receive a grant under this subsection, the Secretary shall— ‘‘(A) consider the extent to which the application of the eligible entity would— ‘‘(i) improve alternative fueling corridor networks by— ‘‘(I) converting corridor-pending corridors to corridor-ready corridors; or ‘‘(II) in the case of corridor-ready corridors, providing redundancy— ‘‘(aa) to meet excess demand for charging or fueling infrastructure; or ‘‘(bb) to reduce congestion at existing charging or fueling infrastructure in high- traffic locations; ‘‘(ii) meet current or anticipated market demands for charging or fueling infrastructure; ‘‘(iii) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; ‘‘(iv) support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, pro- pane fueling infrastructure, or natural gas fueling infrastructure providers; ‘‘(v) provide access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, pro- pane fueling infrastructure, or natural gas fueling infrastructure in areas with a current or forecasted need; and ‘‘(vi) deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infra- structure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations; ‘‘(B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling H. R. 3684—122 infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States; ‘‘(C) consider whether the private entity that the eligible entity contracts with under paragraph (6)— ‘‘(i) submits to the Secretary the most recent year of audited financial statements; and ‘‘(ii) has experience in installing and operating elec- tric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or nat- ural gas fueling infrastructure; and ‘‘(D) consider whether, to the maximum extent prac- ticable, the eligible entity and the private entity that the eligible entity contracts with under paragraph (6) enter into an agreement— ‘‘(i) to operate and maintain publicly available elec- tric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or nat- ural gas infrastructure; and ‘‘(ii) that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met. ‘‘(6) USE OF FUNDS.— ‘‘(A) IN GENERAL.—An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infra- structure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. ‘‘(B) LOCATION OF INFRASTRUCTURE.—Any publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are con- sulted before the designation. ‘‘(C) OPERATING ASSISTANCE.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this sub- section may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infra- structure, or natural gas fueling infrastructure while the facility transitions to independent system oper- ations. ‘‘(ii) INCLUSIONS.—Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure, hydrogen fueling infrastructure, pro- pane fueling infrastructure, or natural gas fueling infrastructure and service. H. R. 3684—123 ‘‘(iii) LIMITATION.—Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infra- structure, or natural gas fueling infrastructure. ‘‘(D) TRAFFIC CONTROL DEVICES.— ‘‘(i) IN GENERAL.—Subject to this paragraph, an eligible entity that receives a grant under this sub- section may use a portion of the funds to acquire and install traffic control devices located in the right- of-way to provide directional information to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infra- structure, or natural gas fueling infrastructure acquired, installed, or operated with the grant. ‘‘(ii) APPLICABILITY.—Clause (i) shall apply only to an eligible entity that— ‘‘(I) receives a grant under this subsection; and ‘‘(II) is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. ‘‘(iii) LIMITATION ON AMOUNT.—The amount of funds used to acquire and install traffic control devices under clause (i) may not exceed the amount of a con- tract under subparagraph (A) to acquire and install publicly accessible charging or fueling infrastructure. ‘‘(iv) NO NEW AUTHORITY CREATED.—Nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices if the entity is not other- wise authorized to do so. ‘‘(E) REVENUE.— ‘‘(i) IN GENERAL.—An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (A) may enter into a cost- sharing agreement under which the private entity sub- mits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infra- structure, or natural gas fueling infrastructure. ‘‘(ii) USES OF REVENUE.—An eligible entity that receives revenue from a cost-sharing agreement under clause (i) may only use that revenue for a project that is eligible under this title. ‘‘(7) CERTAIN FUELS.—The use of grants for propane fueling infrastructure under this subsection shall be limited to infra- structure for medium- and heavy-duty vehicles. ‘‘(8) COMMUNITY GRANTS.— ‘‘(A) IN GENERAL.—Notwithstanding paragraphs (4), (5), and (6), the Secretary shall reserve 50 percent of the amounts made available each fiscal year to carry out this section to provide grants to eligible entities in accordance with this paragraph. H. R. 3684—124 ‘‘(B) APPLICATIONS.—To be eligible to receive a grant under this paragraph, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ‘‘(C) ELIGIBLE ENTITIES.—An entity eligible to receive a grant under this paragraph is— ‘‘(i) an entity described in paragraph (3); and ‘‘(ii) a State or local authority with ownership of publicly accessible transportation facilities. ‘‘(D) ELIGIBLE PROJECTS.—The Secretary may provide a grant under this paragraph for a project that is expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infra- structure, including— ‘‘(i) development phase activities, including plan- ning, feasibility analysis, revenue forecasting, environ- mental review, preliminary engineering and design work, and other preconstruction activities; and ‘‘(ii) the acquisition and installation of electric vehicle charging infrastructure, hydrogen fueling infra- structure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle, including any related construction or reconstruction and the acquisi- tion of real property directly related to the project, such as locations described in subparagraph (E), to expand access to electric vehicle charging infrastruc- ture, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. ‘‘(E) PROJECT LOCATIONS.—A project receiving a grant under this paragraph may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity. ‘‘(F) PRIORITY.—In providing grants under this para- graph, the Secretary shall give priority to projects that expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastruc- ture, or natural gas fueling infrastructure within— ‘‘(i) rural areas; ‘‘(ii) low- and moderate-income neighborhoods; and ‘‘(iii) communities with a low ratio of private parking spaces to households or a high ratio of multi- unit dwellings to single family homes, as determined by the Secretary. ‘‘(G) ADDITIONAL CONSIDERATIONS.—In providing grants under this paragraph, the Secretary shall consider the extent to which the project— ‘‘(i) contributes to geographic diversity among eligible entities, including achieving a balance between urban and rural communities; and ‘‘(ii) meets current or anticipated market demands for charging or fueling infrastructure, including faster H. R. 3684—125 charging speeds with high-powered capabilities nec- essary to minimize the time to charge or refuel current and anticipated vehicles. ‘‘(H) PARTNERING WITH PRIVATE ENTITIES.—An eligible entity that receives a grant under this paragraph may use the grant funds to contract with a private entity for the acquisition, construction, installation, maintenance, or operation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastruc- ture, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. ‘‘(I) MAXIMUM GRANT AMOUNT.—The amount of a grant under this paragraph shall not be more than $15,000,000. ‘‘(J) TECHNICAL ASSISTANCE.—Of the amounts reserved under subparagraph (A), the Secretary may use not more than 1 percent to provide technical assistance to eligible entities. ‘‘(K) ADDITIONAL ACTIVITIES.—The recipient of a grant under this paragraph may use not more than 5 percent of the grant funds on educational and community engage- ment activities to develop and implement education pro- grams through partnerships with schools, community organizations, and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure. ‘‘(9) REQUIREMENTS.— ‘‘(A) PROJECT TREATMENT.—Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal- aid highway under this chapter. ‘‘(B) SIGNS.—Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with— ‘‘(i) the Manual on Uniform Traffic Control Devices, if located in the right-of-way; and ‘‘(ii) other provisions of Federal, State, and local law, as applicable. ‘‘(10) FEDERAL SHARE.— ‘‘(A) IN GENERAL.—The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost. ‘‘(B) RESPONSIBILITY OF PRIVATE ENTITY.—As a condi- tion of contracting with an eligible entity under paragraph (6) or (8), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A). ‘‘(11) REPORT.—Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the progress and implementation of this subsection.’’. SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES. (a) ESTABLISHMENT OF PROGRAM.— H. R. 3684—126 (1) IN GENERAL.—The Secretary shall establish a program to reduce idling at port facilities, under which the Secretary shall— (A) study how ports and intermodal port transfer facili- ties would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations; (B) study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and (C) coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects. (2) CONSULTATION.—In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protec- tion Agency. (b) GRANTS.— (1) IN GENERAL.—In carrying out subsection (a)(1)(C), the Secretary shall award grants to fund projects that reduce emis- sions at ports, including through the advancement of port elec- trification. (2) COST SHARE.—A grant awarded under paragraph (1) shall not exceed 80 percent of the total cost of the project funded by the grant. (3) COORDINATION.—In carrying out the grant program under this subsection, the Secretary shall— (A) to the maximum extent practicable, leverage existing resources and programs of the Department and other relevant Federal agencies; and (B) coordinate with other Federal agencies, as the Sec- retary determines to be appropriate. (4) APPLICATION; SELECTION.— (A) APPLICATION.—The Secretary shall solicit applica- tions for grants under paragraph (1) at such time, in such manner, and containing such information as the Secretary determines to be necessary. (B) SELECTION.—The Secretary shall make grants under paragraph (1) by not later than April 1 of each fiscal year for which funding is made available. (5) REQUIREMENT.—Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (c) REPORT.—Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes— (1) the findings of the studies described in subparagraphs (A) and (B) of subsection (a)(1); (2) the results of the projects that received a grant under subsection (b); (3) any recommendations for workforce development and training opportunities with respect to port electrification; and H. R. 3684—127 (4) any policy recommendations based on the findings and results described in paragraphs (1) and (2). SEC. 11403. CARBON REDUCTION PROGRAM. (a) IN GENERAL.—Chapter 1 of title 23, United States Code (as amended by section 11203(a)), is amended by adding at the end the following: ‘‘§ 175. Carbon reduction program ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) METROPOLITAN PLANNING ORGANIZATION; URBANIZED AREA.—The terms ‘metropolitan planning organization’ and ‘urbanized area’ have the meaning given those terms in section 134(b). ‘‘(2) TRANSPORTATION EMISSIONS.—The term ‘transportation emissions’ means carbon dioxide emissions from on-road high- way sources of those emissions within a State. ‘‘(3) TRANSPORTATION MANAGEMENT AREA.—The term ‘transportation management area’ means a transportation management area identified or designated by the Secretary under section 134(k)(1). ‘‘(b) ESTABLISHMENT.—The Secretary shall establish a carbon reduction program to reduce transportation emissions. ‘‘(c) ELIGIBLE PROJECTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), funds appor- tioned to a State under section 104(b)(7) may be obligated for projects to support the reduction of transportation emissions, including— ‘‘(A) a project described in section 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop elec- trification systems; ‘‘(B) a public transportation project that is eligible for assistance under section 142; ‘‘(C) a project described in section 101(a)(29) (as in effect on the day before the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312)), including the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other non- motorized forms of transportation; ‘‘(D) a project described in section 503(c)(4)(E) for advanced transportation and congestion management tech- nologies; ‘‘(E) a project for the deployment of infrastructure- based intelligent transportation systems capital improve- ments and the installation of vehicle-to-infrastructure communications equipment, including retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle- to-everything (C–V2X) technology; ‘‘(F) a project to replace street lighting and traffic control devices with energy-efficient alternatives; ‘‘(G) the development of a carbon reduction strategy in accordance with subsection (d); ‘‘(H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing H. R. 3684—128 vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs; ‘‘(I) efforts to reduce the environmental and community impacts of freight movement; ‘‘(J) a project to support deployment of alternative fuel vehicles, including— ‘‘(i) the acquisition, installation, or operation of publicly accessible electric vehicle charging infrastruc- ture or hydrogen, natural gas, or propane vehicle fueling infrastructure; and ‘‘(ii) the purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required sup- porting facilities; ‘‘(K) a project described in section 149(b)(8) for a diesel engine retrofit; ‘‘(L) a project described in section 149(b)(5) that does not result in the construction of new capacity; and ‘‘(M) a project that reduces transportation emissions at port facilities, including through the advancement of port electrification. ‘‘(2) FLEXIBILITY.—In addition to the eligible projects under paragraph (1), a State may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b) if the Sec- retary certifies that the State has demonstrated a reduction in transportation emissions— ‘‘(A) as estimated on a per capita basis; and ‘‘(B) as estimated on a per unit of economic output basis. ‘‘(d) CARBON REDUCTION STRATEGY.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, a State, in consultation with any metropolitan planning organization designated within the State, shall develop a carbon reduction strategy in accordance with this subsection. ‘‘(2) REQUIREMENTS.—The carbon reduction strategy of a State developed under paragraph (1) shall— ‘‘(A) support efforts to reduce transportation emissions; ‘‘(B) identify projects and strategies to reduce transpor- tation emissions, which may include projects and strategies for safe, reliable, and cost-effective options— ‘‘(i) to reduce traffic congestion by facilitating the use of alternatives to single-occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the applicable metropolitan planning organization, if any; ‘‘(ii) to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled as compared to existing vehicles and modes; and ‘‘(iii) to facilitate approaches to the construction of transportation assets that result in lower transpor- tation emissions as compared to existing approaches; H. R. 3684—129 ‘‘(C) support the reduction of transportation emissions of the State; ‘‘(D) at the discretion of the State, quantify the total carbon emissions from the production, transport, and use of materials used in the construction of transportation facilities within the State; and ‘‘(E) be appropriate to the population density and con- text of the State, including any metropolitan planning organization designated within the State. ‘‘(3) UPDATES.—The carbon reduction strategy of a State developed under paragraph (1) shall be updated not less fre- quently than once every 4 years. ‘‘(4) REVIEW.—Not later than 90 days after the date on which a State submits a request for the approval of a carbon reduction strategy developed by the State under paragraph (1), the Secretary shall— ‘‘(A) review the process used to develop the carbon reduction strategy; and ‘‘(B)(i) certify that the carbon reduction strategy meets the requirements of paragraph (2); or ‘‘(ii) deny certification of the carbon reduction strategy and specify the actions necessary for the State to take to correct the deficiencies in the process of the State in developing the carbon reduction strategy. ‘‘(5) TECHNICAL ASSISTANCE.—At the request of a State, the Secretary shall provide technical assistance in the develop- ment of the carbon reduction strategy under paragraph (1). ‘‘(e) SUBALLOCATION.— ‘‘(1) IN GENERAL.—For each fiscal year, of the funds appor- tioned to the State under section 104(b)(7)— ‘‘(A) 65 percent shall be obligated, in proportion to their relative shares of the population of the State— ‘‘(i) in urbanized areas of the State with an urban- ized area population of more than 200,000; ‘‘(ii) in urbanized areas of the State with an urban- ized population of not less than 50,000 and not more than 200,000; ‘‘(iii) in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and ‘‘(iv) in other areas of the State with a population of less than 5,000; and ‘‘(B) the remainder may be obligated in any area of the State. ‘‘(2) METROPOLITAN AREAS.—Funds attributed to an urban- ized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encom- passes the urbanized area. ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS OF OVER 50,000 POPULATION.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the amounts that a State is required to obligate under clauses (i) and (ii) of paragraph (1)(A) shall be obligated in urbanized areas described in those clauses based on the relative population of the areas. ‘‘(B) OTHER FACTORS.—The State may obligate the funds described in subparagraph (A) based on other factors if— H. R. 3684—130 ‘‘(i) the State and the relevant metropolitan plan- ning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and ‘‘(ii) the Secretary grants the request. ‘‘(4) COORDINATION IN URBANIZED AREAS.—Before obligating funds for an eligible project under subsection (c) in an urbanized area that is not a transportation management area, a State shall coordinate with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out under the project. ‘‘(5) CONSULTATION IN RURAL AREAS.—Before obligating funds for an eligible project under subsection (c) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activi- ties should be carried out under the project. ‘‘(6) OBLIGATION AUTHORITY.— ‘‘(A) IN GENERAL.—A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— ‘‘(i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and ‘‘(ii) the ratio that— ‘‘(I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction pro- grams during the period; bears to ‘‘(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. ‘‘(B) JOINT RESPONSIBILITY.—Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A). ‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project carried out using funds apportioned to a State under section 104(b)(7) shall be determined in accordance with section 120. ‘‘(g) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11203(b)) is amended by inserting after the item relating to section 174 the following: ‘‘175. Carbon reduction program.’’. SEC. 11404. CONGESTION RELIEF PROGRAM. (a) IN GENERAL.—Section 129 of title 23, United States Code, is amended by adding at the end the following: ‘‘(d) CONGESTION RELIEF PROGRAM.— H. R. 3684—131 ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any of the following: ‘‘(i) A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. ‘‘(ii) A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. ‘‘(B) INTEGRATED CONGESTION MANAGEMENT SYSTEM.— The term ‘integrated congestion management system’ means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic manage- ment, in order to maximize the capacity of all facilities and modes across the applicable region. ‘‘(C) PROGRAM.—The term ‘program’ means the conges- tion relief program established under paragraph (2). ‘‘(2) ESTABLISHMENT.—The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States. ‘‘(3) PROGRAM GOALS.—The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through— ‘‘(A) improving intermodal integration with highways, highway operations, and highway performance; ‘‘(B) reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and ‘‘(C) pricing of, or based on, as applicable— ‘‘(i) parking; ‘‘(ii) use of roadways, including in designated geographic zones; or ‘‘(iii) congestion. ‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under para- graph (3), including— ‘‘(A) deployment and operation of an integrated conges- tion management system; ‘‘(B) deployment and operation of a system that imple- ments or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing; ‘‘(C) deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, para- transit, and on-demand microtransit; and H. R. 3684—132 ‘‘(D) incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. ‘‘(5) APPLICATION; SELECTION.— ‘‘(A) APPLICATION.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ‘‘(B) PRIORITY.—In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion. ‘‘(C) FEDERAL SHARE.—The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost. ‘‘(D) MINIMUM AWARD.—A grant provided under the program shall be not less than $10,000,000. ‘‘(6) USE OF TOLLING.— ‘‘(A) IN GENERAL.—Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Inter- state System as part of a project carried out with a grant under the program. ‘‘(B) REQUIREMENTS.—The Secretary may only approve the use of tolls under subparagraph (A) if— ‘‘(i) the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll; ‘‘(ii) the maximum toll rate for any vehicle class is not greater than the product obtained by multi- plying— ‘‘(I) the toll rate for any other vehicle class; and ‘‘(II) 5; ‘‘(iii) the toll rates are not charged or varied on the basis of State residency; ‘‘(iv) the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and ‘‘(v) the use of toll revenues complies with sub- section (a)(3). ‘‘(C) LIMITATION.—The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas. ‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—A project under the program— ‘‘(A) shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and ‘‘(B) may include mitigation measures to deal with any potential adverse financial effects on low-income drivers.’’. (b) HIGH OCCUPANCY VEHICLE USE OF CERTAIN TOLL FACILI- TIES.—Section 129(a) of title 23, United States Code, is amended— H. R. 3684—133 (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: ‘‘(10) HIGH OCCUPANCY VEHICLE USE OF CERTAIN TOLL FACILITIES.—Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is con- structed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, deter- mines that the number of those vehicles using the facility reduces the travel time reliability of the facility.’’. SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANS- FORMATIVE, EFFICIENT, AND COST-SAVING TRANSPOR- TATION (PROTECT) PROGRAM. (a) IN GENERAL.—Chapter 1 of title 23, United States Code (as amended by section 11403(a)), is amended by adding at the end the following: ‘‘§ 176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PRO- TECT) program ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) EMERGENCY EVENT.—The term ‘emergency event’ means a natural disaster or catastrophic failure resulting in— ‘‘(A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or ‘‘(B) an emergency or disaster declared by the Presi- dent. ‘‘(2) EVACUATION ROUTE.—The term ‘evacuation route’ means a transportation route or system that— ‘‘(A) is owned, operated, or maintained by a Federal, State, Tribal, or local government; ‘‘(B) is used— ‘‘(i) to transport the public away from emergency events; or ‘‘(ii) to transport emergency responders and recovery resources; and ‘‘(C) is designated by the eligible entity with jurisdic- tion over the area in which the route is located for the purposes described in subparagraph (B). ‘‘(3) PROGRAM.—The term ‘program’ means the program established under subsection (b)(1). ‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘resilience improvement’ means the use of materials or structural or non- structural techniques, including natural infrastructure— ‘‘(A) that allow a project— ‘‘(i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and ‘‘(ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or H. R. 3684—134 ‘‘(B) that— ‘‘(i) reduce the magnitude and duration of impacts of current and future weather events and natural disas- ters to a project; or ‘‘(ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulner- ability to current and future weather events or natural disasters. ‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary shall establish a program, to be known as the ‘Promoting Resilient Operations for Trans- formative, Efficient, and Cost-saving Transportation program’ or the ‘PROTECT program’. ‘‘(2) PURPOSE.—The purpose of the program is to provide grants for resilience improvements through— ‘‘(A) formula funding distributed to States to carry out subsection (c); ‘‘(B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan transportation improve- ments and emergency response strategies to address those vulnerabilities; and ‘‘(C) competitive resilience improvement grants to pro- tect— ‘‘(i) surface transportation assets by making the assets more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperature, and earthquakes; ‘‘(ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that— ‘‘(I) serve critical local, regional, and national needs, including evacuation routes; and ‘‘(II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities; ‘‘(iii) coastal infrastructure, such as a tide gate to protect highways, that is at long-term risk to sea level rise; and ‘‘(iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems. ‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED FUNDING.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), funds apportioned to the State under section 104(b)(8) shall be obligated for activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4). ‘‘(2) PLANNING SET-ASIDE.—Of the funds apportioned to a State under section 104(b)(8) for each fiscal year, not less H. R. 3684—135 than 2 percent shall be for activities described in subsection (d)(3). ‘‘(3) REQUIREMENTS.— ‘‘(A) PROJECTS IN CERTAIN AREAS.—If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall— ‘‘(i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and ‘‘(ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area. ‘‘(B) ELIGIBILITIES.—A State shall use funds appor- tioned to the State under section 104(b)(8) for— ‘‘(i) a highway project eligible for assistance under this title; ‘‘(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or ‘‘(iii) a port facility, including a facility that— ‘‘(I) connects a port to other modes of transpor- tation; ‘‘(II) improves the efficiency of evacuations and disaster relief; or ‘‘(III) aids transportation. ‘‘(C) SYSTEM RESILIENCE.—A project carried out by a State with funds apportioned to the State under section 104(b)(8) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improve- ment, such as— ‘‘(i) increasing marsh health and total area adja- cent to a highway right-of-way to promote additional flood storage; ‘‘(ii) upgrades to and installation of culverts designed to withstand 100-year flood events; ‘‘(iii) upgrades to and installation of tide gates to protect highways; ‘‘(iv) upgrades to and installation of flood gates to protect tunnel entrances; and ‘‘(v) improving functionality and resiliency of stormwater controls, including inventory inspections, upgrades to, and preservation of best management practices to protect surface transportation infrastruc- ture. ‘‘(D) FEDERAL COST SHARE.— ‘‘(i) IN GENERAL.—Except as provided in subsection (e)(1), the Federal share of the cost of a project carried out using funds apportioned to the State under section 104(b)(8) shall not exceed 80 percent of the total project cost. ‘‘(ii) NON-FEDERAL SHARE.—A State may use Fed- eral funds other than Federal funds apportioned to the State under section 104(b)(8) to meet the non- H. R. 3684—136 Federal cost share requirement for a project under this subsection. ‘‘(E) ELIGIBLE PROJECT COSTS.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds apportioned to the State under section 104(b)(8) may include the costs of— ‘‘(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activi- ties; and ‘‘(II) construction, reconstruction, rehabilita- tion, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. ‘‘(ii) ELIGIBLE PLANNING COSTS.—In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds apportioned to the State under section 104(b)(8), eligible costs may include development phase activities, including plan- ning, feasibility analysis, revenue forecasting, environ- mental review, preliminary engineering and design work, other preconstruction activities, and other activi- ties consistent with carrying out the purposes of sub- section (d)(3). ‘‘(F) LIMITATIONS.—A State— ‘‘(i) may use not more than 40 percent of the amounts apportioned to the State under section 104(b)(8) for the construction of new capacity; and ‘‘(ii) may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(8) for activities described in subparagraph (E)(i)(I). ‘‘(d) COMPETITIVE AWARDS.— ‘‘(1) IN GENERAL.—In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the Secretary shall provide grants on a competi- tive basis under this subsection to eligible entities described in paragraph (2). ‘‘(2) ELIGIBLE ENTITIES.—Except as provided in paragraph (4)(C), the Secretary may make a grant under this subsection to any of the following: ‘‘(A) A State or political subdivision of a State. ‘‘(B) A metropolitan planning organization. ‘‘(C) A unit of local government. ‘‘(D) A special purpose district or public authority with a transportation function, including a port authority. ‘‘(E) An Indian tribe (as defined in section 207(m)(1)). ‘‘(F) A Federal land management agency that applies jointly with a State or group of States. ‘‘(G) A multi-State or multijurisdictional group of enti- ties described in subparagraphs (A) through (F). H. R. 3684—137 ‘‘(3) PLANNING GRANTS.—Using funds made available under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of— ‘‘(A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (e)(2); ‘‘(B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments; ‘‘(C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the surface transportation assets and community response strategies of the eligible entity under current conditions and a range of potential future condi- tions; or ‘‘(D) evacuation planning and preparation. ‘‘(4) RESILIENCE GRANTS.— ‘‘(A) RESILIENCE IMPROVEMENT GRANTS.— ‘‘(i) IN GENERAL.—Using funds made available under this subsection, the Secretary shall provide resil- ience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii). ‘‘(ii) ELIGIBLE ACTIVITIES.— ‘‘(I) IN GENERAL.—An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to improve the ability of an existing surface transportation asset to withstand 1 or more ele- ments of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing condi- tions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disas- ters. ‘‘(II) INCLUSIONS.—An activity eligible to be carried out under this subparagraph includes— ‘‘(aa) resurfacing, restoration, rehabilita- tion, reconstruction, replacement, improve- ment, or realignment of an existing surface transportation facility eligible for assistance under this title; ‘‘(bb) the incorporation of natural infra- structure; ‘‘(cc) the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the Federal High- way Administration; ‘‘(dd) the installation of mitigation meas- ures that prevent the intrusion of floodwaters into surface transportation systems; ‘‘(ee) strengthening systems that remove rainwater from surface transportation facili- ties; ‘‘(ff) upgrades to and installation of struc- tural stormwater controls; H. R. 3684—138 ‘‘(gg) a resilience project that addresses identified vulnerabilities described in the resil- ience improvement plan of the eligible entity, if applicable; ‘‘(hh) relocating roadways in a base flood- plain to higher ground above projected flood elevation levels, or away from slide prone areas; ‘‘(ii) stabilizing slide areas or slopes; ‘‘(jj) installing riprap; ‘‘(kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather; ‘‘(ll) increasing the size or number of drainage structures; ‘‘(mm) installing seismic retrofits on bridges; ‘‘(nn) adding scour protection at bridges; ‘‘(oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; ‘‘(pp) vegetation management practices in transportation rights-of-way to improve road- way safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and ‘‘(qq) any other protective features, including natural infrastructure, as deter- mined by the Secretary. ‘‘(iii) PRIORITY.—The Secretary shall prioritize a resilience improvement grant to an eligible entity if— ‘‘(I) the Secretary determines— ‘‘(aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and ‘‘(bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or ‘‘(II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under sub- section (e)(2). ‘‘(B) COMMUNITY RESILIENCE AND EVACUATION ROUTE GRANTS.— ‘‘(i) IN GENERAL.—Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii). ‘‘(ii) ELIGIBLE ACTIVITIES.—An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are H. R. 3684—139 essential for providing and supporting evacuations caused by emergency events, including a project that— ‘‘(I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route; ‘‘(II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides; ‘‘(III) if the eligible entity notifies the Sec- retary that existing evacuation routes are not suffi- cient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of— ‘‘(aa) communications and intelligent transportation system equipment and infra- structure; ‘‘(bb) counterflow measures; or ‘‘(cc) shoulders; ‘‘(IV) is for the construction of new or redun- dant evacuation routes, if the eligible entity noti- fies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacu- ations, including the transportation of emergency responders and recovery resources; ‘‘(V) is for the acquisition of evacuation route or traffic incident management equipment or signage; or ‘‘(VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and inter- modal facilities, utilities, and Federal facilities. ‘‘(iii) PRIORITY.—The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account— ‘‘(I) current and future vulnerabilities to an evacuation route due to future occurrence or recur- rence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and ‘‘(II) projected changes in development pat- terns, demographics, and extreme weather events based on the best available evidence and analysis. ‘‘(iv) CONSULTATION.—In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary may consult with the H. R. 3684—140 Administrator of the Federal Emergency Management Agency, who may provide technical assistance to the Secretary and to eligible entities. ‘‘(C) AT-RISK COASTAL INFRASTRUCTURE GRANTS.— ‘‘(i) DEFINITION OF ELIGIBLE ENTITY.—In this subparagraph, the term ‘eligible entity’ means any of the following: ‘‘(I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes. ‘‘(II) A political subdivision of a State described in subclause (I). ‘‘(III) A metropolitan planning organization in a State described in subclause (I). ‘‘(IV) A unit of local government in a State described in subclause (I). ‘‘(V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I). ‘‘(VI) An Indian tribe in a State described in subclause (I). ‘‘(VII) A Federal land management agency that applies jointly with a State or group of States described in subclause (I). ‘‘(VIII) A multi-State or multijurisdictional group of entities described in subclauses (I) through (VII). ‘‘(ii) GRANTS.—Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out 1 or more eligible activities under clause (iii). ‘‘(iii) ELIGIBLE ACTIVITIES.—An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hard- ening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. ‘‘(iv) CRITERIA.—The Secretary shall provide at- risk coastal infrastructure grants under this subpara- graph for a project— ‘‘(I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and H. R. 3684—141 ‘‘(II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs. ‘‘(v) COASTAL BENEFITS.—In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide— ‘‘(I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or ‘‘(II) access to a designated evacuation route. ‘‘(5) GRANT REQUIREMENTS.— ‘‘(A) SOLICITATIONS FOR GRANTS.—In providing grants under this subsection, the Secretary shall conduct a trans- parent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4). ‘‘(B) APPLICATIONS.— ‘‘(i) IN GENERAL.—To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. ‘‘(ii) PROJECTS IN CERTAIN AREAS.—If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall— ‘‘(I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and ‘‘(II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area. ‘‘(C) ELIGIBILITIES.—The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for— ‘‘(i) a highway project eligible for assistance under this title; ‘‘(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; ‘‘(iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49); or ‘‘(iv) a port facility, including a facility that— ‘‘(I) connects a port to other modes of transpor- tation; ‘‘(II) improves the efficiency of evacuations and disaster relief; or ‘‘(III) aids transportation. ‘‘(D) SYSTEM RESILIENCE.—A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), H. R. 3684—142 or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as— ‘‘(i) increasing marsh health and total area adja- cent to a highway right-of-way to promote additional flood storage; ‘‘(ii) upgrades to and installing of culverts designed to withstand 100-year flood events; ‘‘(iii) upgrades to and installation of tide gates to protect highways; and ‘‘(iv) upgrades to and installation of flood gates to protect tunnel entrances. ‘‘(E) FEDERAL COST SHARE.— ‘‘(i) PLANNING GRANT.—The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent. ‘‘(ii) RESILIENCE GRANTS.— ‘‘(I) IN GENERAL.—Except as provided in sub- clause (II) and subsection (e)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost. ‘‘(II) TRIBAL PROJECTS.—On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent. ‘‘(iii) NON-FEDERAL SHARE.—The eligible entity may use Federal funds other than Federal funds pro- vided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection. ‘‘(F) ELIGIBLE PROJECT COSTS.— ‘‘(i) RESILIENCE GRANT PROJECTS.—Eligible project costs for activities funded with a grant under subpara- graph (A), (B), or (C) of paragraph (4) may include the costs of— ‘‘(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activi- ties; and ‘‘(II) construction, reconstruction, rehabilita- tion, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. ‘‘(ii) PLANNING GRANTS.—Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, H. R. 3684—143 including planning, feasibility analysis, revenue fore- casting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the pur- poses of that paragraph. ‘‘(G) LIMITATIONS.— ‘‘(i) IN GENERAL.—An eligible entity that receives a grant under subparagraph (A), (B), or (C) of para- graph (4)— ‘‘(I) may use not more than 40 percent of the amount of the grant for the construction of new capacity; and ‘‘(II) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I). ‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.—For each fiscal year, not more than 25 percent of the total amount provided under this subsection may be used for projects described in subparagraph (C)(iii). ‘‘(H) DISTRIBUTION OF GRANTS.— ‘‘(i) IN GENERAL.—Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary. ‘‘(ii) RURAL SET-ASIDE.—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000. ‘‘(iii) TRIBAL SET-ASIDE.—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)). ‘‘(iv) REALLOCATION.—For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection. ‘‘(6) CONSULTATION.—In carrying out this subsection, the Secretary shall— ‘‘(A) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and ‘‘(B) solicit technical support from the Administrator of the Federal Emergency Management Agency. ‘‘(7) GRANT ADMINISTRATION.—The Secretary may— ‘‘(A) retain not more than a total of 5 percent of the funds made available to carry out this subsection and to review applications for grants under this subsection; and ‘‘(B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this subsection. H. R. 3684—144 ‘‘(e) RESILIENCE IMPROVEMENT PLAN AND LOWER NON-FEDERAL SHARE.— ‘‘(1) FEDERAL SHARE REDUCTIONS.— ‘‘(A) IN GENERAL.—A State that receives funds appor- tioned to the State under section 104(b)(8) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subpara- graph. ‘‘(B) AMOUNT OF REDUCTIONS.— ‘‘(i) RESILIENCE IMPROVEMENT PLAN.—Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds apportioned to a State under section 104(b)(8) or a grant under subsection (d) shall be reduced by 7 percentage points if— ‘‘(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has— ‘‘(aa) developed a resilience improvement plan in accordance with this subsection; and ‘‘(bb) prioritized the project on that resil- ience improvement plan; and ‘‘(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropoli- tan planning organization that has— ‘‘(aa) developed a resilience improvement plan in accordance with this subsection; and ‘‘(bb) prioritized the project on that resil- ience improvement plan. ‘‘(ii) INCORPORATION OF RESILIENCE IMPROVEMENT PLAN IN OTHER PLANNING.—Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if— ‘‘(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transpor- tation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and ‘‘(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropoli- tan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long- range statewide transportation plan under section 135, as applicable. ‘‘(iii) LIMITATIONS.— H. R. 3684—145 ‘‘(I) MAXIMUM REDUCTION.—A State or eligible entity may not receive a reduction under this para- graph of more than 10 percentage points for any single project carried out with funds under sub- section (c) or a grant under subsection (d). ‘‘(II) NO NEGATIVE NON-FEDERAL SHARE.—A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero. ‘‘(2) PLAN CONTENTS.—A resilience improvement plan referred to in paragraph (1)— ‘‘(A) shall be for the immediate and long-range plan- ning activities and investments of the State or metropolitan planning organization with respect to resilience of the sur- face transportation system within the boundaries of the State or metropolitan planning organization, as applicable; ‘‘(B) shall demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5165); ‘‘(C) shall include a risk-based assessment of vulnerabilities of transportation assets and systems to cur- rent and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earth- quakes; ‘‘(D) may— ‘‘(i) designate evacuation routes and strategies, including multimodal facilities, designated with consid- eration for individuals without access to personal vehicles; ‘‘(ii) plan for response to anticipated emergencies, including plans for the mobility of— ‘‘(I) emergency response personnel and equip- ment; and ‘‘(II) access to emergency services, including for vulnerable or disadvantaged populations; ‘‘(iii) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation invest- ment decisions of the State or metropolitan planning organization with the goal of increasing resilience; ‘‘(iv) include an investment plan that— ‘‘(I) includes a list of priority projects; and ‘‘(II) describes how funds apportioned to the State under section 104(b)(8) or provided by a grant under the program would be invested and matched, which shall not be subject to fiscal con- straint requirements; and ‘‘(v) use science and data and indicate the source of data and methodologies; and H. R. 3684—146 ‘‘(E) shall, as appropriate— ‘‘(i) include a description of how the plan will improve the ability of the State or metropolitan plan- ning organization— ‘‘(I) to respond promptly to the impacts of weather events and natural disasters; and ‘‘(II) to be prepared for changing conditions, such as sea level rise and increased flood risk; ‘‘(ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improve- ment plan; ‘‘(iii) consider the benefits of combining hard sur- face transportation assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States; ‘‘(iv) assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and commu- nication infrastructure; ‘‘(v) use a long-term planning period; and ‘‘(vi) include such other information as the State or metropolitan planning organization considers appro- priate. ‘‘(3) NO NEW PLANNING REQUIREMENTS.—Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resil- ience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transpor- tation plan under section 135, as applicable, of the metropolitan planning organization or State. ‘‘(f) MONITORING.— ‘‘(1) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary shall— ‘‘(A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out with a grant under subsection (d)— ‘‘(i) subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and ‘‘(ii) procedures for monitoring and evaluating projects based on those metrics; and ‘‘(B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A). ‘‘(2) NOTICE.—Before adopting any metrics described in paragraph (1), the Secretary shall— ‘‘(A) publish the proposed metrics in the Federal Reg- ister; and ‘‘(B) provide to the public an opportunity for comment on the proposed metrics. ‘‘(g) REPORTS.— ‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not later than 1 year after the date on which a project carried out with a grant under subsection (d) is completed, the eligible entity that carried out the project shall submit to the Secretary a H. R. 3684—147 report on the results of the project and the use of the funds awarded. ‘‘(2) REPORTS TO CONGRESS.— ‘‘(A) ANNUAL REPORTS.—The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including— ‘‘(i) each project for which a grant was provided under subsection (d); ‘‘(ii) information relating to project applications received; ‘‘(iii) the manner in which the consultation require- ments were implemented under subsection (d); ‘‘(iv) recommendations to improve the administra- tion of subsection (d), including whether assistance from additional or fewer agencies to carry out the program is appropriate; ‘‘(v) the period required to disburse grant funds to eligible entities based on applicable Federal coordination requirements; and ‘‘(vi) a list of facilities that repeatedly require repair or reconstruction due to emergency events. ‘‘(B) FINAL REPORT.—Not later than 5 years after the date of enactment of the Surface Transportation Reauthor- ization Act of 2021, the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A). ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code (as amended by section 11403(b)), is amended by inserting after the item relating to section 175 the following: ‘‘176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program.’’. SEC. 11406. HEALTHY STREETS PROGRAM. (a) DEFINITIONS.—In this section: (1) COOL PAVEMENT.—The term ‘‘cool pavement’’ means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement. (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— (A) a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a Tribal government; and (E) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (D). (3) LOW-INCOME COMMUNITY.—The term ‘‘low-income community’’ means a census block group in which not less than 30 percent of the population lives below the poverty line H. R. 3684—148 (as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)). (4) POROUS PAVEMENT.—The term ‘‘porous pavement’’ means a paved surface with a higher than normal percentage of air voids to allow water to pass through the surface and infiltrate into the subsoil. (5) PROGRAM.—The term ‘‘program’’ means the Healthy Streets program established under subsection (b). (6) STATE.—The term ‘‘State’’ has the meaning given the term in section 101(a) of title 23, United States Code. (7) TRIBAL GOVERNMENT.—The term ‘‘Tribal government’’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, compo- nent band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (b) ESTABLISHMENT.—The Secretary shall establish a discre- tionary grant program, to be known as the ‘‘Healthy Streets pro- gram’’, to provide grants to eligible entities— (1) to deploy cool pavements and porous pavements; and (2) to expand tree cover. (c) GOALS.—The goals of the program are— (1) to mitigate urban heat islands; (2) to improve air quality; and (3) to reduce— (A) the extent of impervious surfaces; (B) stormwater runoff and flood risks; and (C) heat impacts to infrastructure and road users. (d) APPLICATION.— (1) IN GENERAL.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) REQUIREMENTS.—The application submitted by an eligible entity under paragraph (1) shall include a description of— (A) how the eligible entity would use the grant funds; and (B) the contribution that the projects intended to be carried out with grant funds would make to improving the safety, health outcomes, natural environment, and quality of life in low-income communities and disadvan- taged communities. (e) USE OF FUNDS.—An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities: (1) Conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution. (2) Conducting a comprehensive tree canopy assessment, which shall assess the current tree locations and canopy, including— (A) an inventory of the location, species, condition, and health of existing tree canopies and trees on public facilities; and (B) an identification of— H. R. 3684—149 (i) the locations where trees need to be replaced; (ii) empty tree boxes or other locations where trees could be added; and (iii) flood-prone locations where trees or other nat- ural infrastructure could mitigate flooding. (3) Conducting an equity assessment by mapping tree canopy gaps, flood-prone locations, and urban heat island hot spots as compared to— (A) pedestrian walkways and public transportation stop locations; (B) low-income communities; and (C) disadvantaged communities. (4) Planning activities, including developing an investment plan based on the results of the assessments carried out under paragraphs (1), (2), and (3). (5) Purchasing and deploying cool pavements to mitigate urban heat island hot spots. (6) Purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in— (A) pedestrian-only areas; and (B) areas of low-volume, low-speed vehicular use. (7) Purchasing of trees, site preparation, planting of trees, ongoing maintenance and monitoring of trees, and repairing of storm damage to trees, with priority given to— (A) to the extent practicable, the planting of native species; and (B) projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods. (8) Assessing underground infrastructure and coordinating with local transportation and utility providers. (9) Hiring staff to conduct any of the activities described in paragraphs (1) through (8). (f) PRIORITY.—In awarding grants to eligible entities under the program, the Secretary shall give priority to an eligible entity— (1) proposing to carry out an activity or project in a low- income community or a disadvantaged community; (2) that has entered into a community benefits agreement with representatives of the community; or (3) that is partnering with a qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)). (g) DISTRIBUTION REQUIREMENT.—Of the amounts made avail- able to carry out the program for each fiscal year, not less than 80 percent shall be provided for projects in urbanized areas (as defined in section 101(a) of title 23, United States Code). (h) FEDERAL SHARE.— (1) IN GENERAL.—Except as provided under paragraph (2), the Federal share of the cost of a project carried out under the program shall be 80 percent. (2) WAIVER.—The Secretary may increase the Federal share requirement under paragraph (1) to 100 percent for projects carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (i) MAXIMUM GRANT AMOUNT.—An individual grant under this section shall not exceed $15,000,000. H. R. 3684—150 (j) TREATMENT OF PROJECTS.—Notwithstanding any other provi- sion of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. Subtitle E—Miscellaneous SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. (a) IN GENERAL.—Section 105 of title 23, United States Code, is repealed. (b) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 105. SEC. 11502. STOPPING THREATS ON PEDESTRIANS. (a) DEFINITION OF BOLLARD INSTALLATION PROJECT.—In this section, the term ‘‘bollard installation project’’ means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle. (b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act and subject to the availability of appropria- tions, the Secretary shall establish and carry out a competitive grant pilot program to provide assistance to State departments of transportation and local government entities for bollard installa- tion projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians. (c) APPLICATION.—To be eligible to receive a grant under this section, a State department of transportation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum— (1) a description of the proposed bollard installation project to be carried out; (2) a description of the pedestrian injury or terrorism risks with respect to the proposed installation area; and (3) an analysis of how the proposed bollard installation project will mitigate those risks. (d) USE OF FUNDS.—A recipient of a grant under this section may only use the grant funds for a bollard installation project. (e) FEDERAL SHARE.—The Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent. (f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. (g) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS. (a) DEFINITIONS.—In this section: (1) ORIGINATING STATE.—The term ‘‘originating State’’ means a State that— (A) is eligible to use a credit under section 120(i) of title 23, United States Code; and H. R. 3684—151 (B) has been selected by the Secretary under subsection (d)(2). (2) PILOT PROGRAM.—The term ‘‘pilot program’’ means the pilot program established under subsection (b). (3) RECIPIENT STATE.—The term ‘‘recipient State’’ means a State that receives a credit by transfer or by sale under this section from an originating State. (4) STATE.—The term ‘‘State’’ has the meaning given the term in section 101(a) of title 23, United States Code. (b) ESTABLISHMENT OF PILOT PROGRAM.—The Secretary shall establish and implement a toll credit exchange pilot program in accordance with this section. (c) PURPOSES.—The purposes of the pilot program are— (1) to identify the extent of the demand to purchase toll credits; (2) to identify the cash price of toll credits through bilateral transactions between States; (3) to analyze the impact of the purchase or sale of toll credits on transportation expenditures; (4) to test the feasibility of expanding the pilot program to allow all States to participate on a permanent basis; and (5) to identify any other repercussions of the toll credit exchange. (d) SELECTION OF ORIGINATING STATES.— (1) APPLICATION.—In order to participate in the pilot pro- gram as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify— (A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including— (i) toll revenue generated and the sources of that revenue; (ii) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain high- ways, bridges, or tunnels that serve the public purpose of interstate commerce; and (iii) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds; (B) the documentation of maintenance of effort for toll credits earned by the originating State; and (C) the accuracy of the accounting system of the State to earn and track toll credits. (2) SELECTION.—Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an originating State. (3) LIMITATION ON SALES.—At any time, the Secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program. H. R. 3684—152 (e) TRANSFER OR SALE OF CREDITS.— (1) IN GENERAL.—In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23, United States Code. (2) WEBSITE SUPPORT.—The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State. (3) BILATERAL TRANSACTIONS.—An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits. (4) NOTIFICATION.—Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on— (A) the amount of toll credits that have been sold or transferred; (B) the price paid or other value transferred in exchange for the toll credits; (C) the intended use by the recipient State of the toll credits, if known; (D) the intended use by the originating State of the cash or other value transferred; (E) an update on the toll credit balance of the origi- nating State and the recipient State; and (F) any other information about the transaction that the Secretary may require. (5) USE OF CREDITS BY TRANSFEREE OR PURCHASER.—A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23, United States Code. (6) USE OF PROCEEDS FROM SALE OF CREDITS.—An origi- nating State shall use the proceeds from the sale of a credit under paragraph (1) for the construction costs of any project in the originating State that is eligible under title 23, United States Code. (f) REPORTING REQUIREMENTS.— (1) INITIAL REPORT.—Not later than 1 year after the date on which the pilot program is established, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a report on the progress of the pilot program. (2) FINAL REPORT.—Not later than 3 years after the date on which the pilot program is established, the Secretary shall— (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a report that— (i) determines whether a toll credit marketplace is viable and cost-effective; H. R. 3684—153 (ii) describes the buying and selling activities under the pilot program; (iii) describes the average sale price of toll credits; (iv) determines whether the pilot program could be expanded to more States or all States or to non- State operators of toll facilities; (v) provides updated information on the toll credit balance accumulated by each State; and (vi) describes the list of projects that were assisted by the pilot program; and (B) make the report under subparagraph (A) publicly available on the website of the Department. (g) TERMINATION.— (1) IN GENERAL.—The Secretary may terminate the pilot program or the participation of any State in the pilot program if the Secretary determines that— (A) the pilot program is not serving a public benefit; or (B) it is not cost effective to carry out the pilot program. (2) PROCEDURES.—The termination of the pilot program or the participation of a State in the pilot program shall be carried out consistent with Federal requirements for project closeout, adjustment, and continuing responsibilities. SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES. (a) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate a study on the existing and future impacts of self-driving vehicles to transportation infrastructure, mobility, the environment, and safety, including impacts on— (1) the Interstate System (as defined in section 101(a) of title 23, United States Code); (2) urban roads; (3) rural roads; (4) corridors with heavy traffic congestion; (5) transportation systems optimization; and (6) any other areas or issues relevant to operations of the Federal Highway Administration that the Secretary deter- mines to be appropriate. (b) CONTENTS OF STUDY.—The study under subsection (a) shall include specific recommendations for both rural and urban commu- nities regarding the impacts of self-driving vehicles on existing transportation system capacity. (c) CONSIDERATIONS.—In carrying out the study under sub- section (a), the Secretary shall— (1) consider the need for and recommend any policy changes to be undertaken by the Federal Highway Administration on the impacts of self-driving vehicles as identified under para- graph (2); and (2) for both rural and urban communities, include a discus- sion of— (A) the impacts that self-driving vehicles will have on existing transportation infrastructure, such as signage and markings, traffic lights, and highway capacity and design; (B) the impact on commercial and private traffic flows; H. R. 3684—154 (C) infrastructure improvement needs that may be nec- essary for transportation infrastructure to accommodate self-driving vehicles; (D) the impact of self-driving vehicles on the environ- ment, congestion, and vehicle miles traveled; and (E) the impact of self-driving vehicles on mobility. (d) COORDINATION.—In carrying out the study under subsection (a), the Secretary shall consider and incorporate relevant current and ongoing research of the Department. (e) CONSULTATION.—In carrying out the study under subsection (a), the Secretary shall convene and consult with a panel of national experts in both rural and urban transportation, including— (1) operators and users of the Interstate System (as defined in section 101(a) of title 23, United States Code), including private sector stakeholders; (2) States and State departments of transportation; (3) metropolitan planning organizations; (4) the motor carrier industry; (5) representatives of public transportation agencies or organizations; (6) highway safety and academic groups; (7) nonprofit entities with experience in transportation policy; (8) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); (9) environmental stakeholders; and (10) self-driving vehicle producers, manufacturers, and technology developers. (f) REPORT.—Not later than 1 year after the date on which the study under subsection (a) is initiated, the Secretary shall submit a report on the results of the study to— (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY. (a) DEFINITION OF LOCAL COMMUNITY.—In this section, the term ‘‘local community’’ means— (1) a unit of local government; (2) a political subdivision of a State or local government; (3) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (4) a rural planning organization; or (5) a Tribal government. (b) STUDY.— (1) IN GENERAL.—The Secretary shall carry out a study to determine the utility of incorporating the use of bicycles into the disaster preparedness and disaster response plans of local communities. (2) REQUIREMENTS.—The study carried out under para- graph (1) shall include— (A) a vulnerability assessment of the infrastructure in local communities as of the date of enactment of this Act that supports active transportation, including bicycling, walking, and personal mobility devices, with a particular focus on areas in local communities that— H. R. 3684—155 (i) have low levels of vehicle ownership; and (ii) lack sufficient active transportation infrastruc- ture routes to public transportation; (B) an evaluation of whether disaster preparedness and disaster response plans should include the use of bicycles by first responders, emergency workers, and community organization representatives— (i) during a mandatory or voluntary evacuation ordered by a Federal, State, Tribal, or local government entity— (I) to notify residents of the need to evacuate; (II) to evacuate individuals and goods; and (III) to reach individuals who are in need of first aid and medical assistance; and (ii) after a disaster or emergency declared by a Federal, State, Tribal, or local government entity— (I) to participate in search and rescue activi- ties; (II) to carry commodities to be used for life- saving or life-sustaining purposes, including— (aa) water; (bb) food; (cc) first aid and other medical supplies; and (dd) power sources and electric supplies, such as cell phones, radios, lights, and bat- teries; (III) to reach individuals who are in need of the commodities described in subclause (II); and (IV) to assist with other disaster relief tasks, as appropriate; and (C) a review of training programs for first responders, emergency workers, and community organization rep- resentatives relating to— (i) competent bicycle skills, including the use of cargo bicycles and electric bicycles, as applicable; (ii) basic bicycle maintenance; (iii) compliance with relevant traffic safety laws; (iv) methods to use bicycles to carry out the activi- ties described in clauses (i) and (ii) of subparagraph (2)(B); and (v) exercises conducted for the purpose of— (I) exercising the skills described in clause (i); and (II) maintaining bicycles and related equip- ment. (c) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environ- ment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) describes the results of the study carried out under subsection (b); and (2) provides recommendations, if any, relating to— (A) the methods by which to incorporate bicycles into disaster preparedness and disaster response plans of local communities; and H. R. 3684—156 (B) improvements to training programs described in subsection (b)(2)(C). SEC. 11506. APPALACHIAN REGIONAL COMMISSION. (a) DEFINITIONS.—Section 14102(a)(1) of title 40, United States Code, is amended— (1) in subparagraph (G)— (A) by inserting ‘‘Catawba,’’ after ‘‘Caldwell,’’; and (B) by inserting ‘‘Cleveland,’’ after ‘‘Clay,’’; (2) in subparagraph (J), by striking ‘‘and Spartanburg’’ and inserting ‘‘Spartanburg, and Union’’; and (3) in subparagraph (M), by inserting ‘‘, of which the coun- ties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion’’ after ‘‘West Vir- ginia’’. (b) FUNCTIONS.—Section 14303(a) of title 40, United States Code, is amended— (1) in paragraph (9), by striking ‘‘and’’ at the end; (2) in paragraph (10), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(11) support broadband access in the Appalachian region.’’. (c) CONGRESSIONAL NOTIFICATION.— (1) IN GENERAL.—Subchapter II of chapter 143 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ‘‘§ 14323. Congressional notification ‘‘(a) IN GENERAL.—In the case of a project described in sub- section (b), the Appalachian Regional Commission shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the award of a grant or other financial assistance not less than 3 full business days before awarding the grant or other financial assistance. ‘‘(b) PROJECTS DESCRIBED.—A project referred to in subsection (a) is a project that the Appalachian Regional Commission has selected to receive a grant or other financial assistance under this subtitle in an amount not less than $50,000.’’. (2) CLERICAL AMENDMENT.—The analysis for subchapter II of chapter 143 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ‘‘14323. Congressional notification.’’. (d) HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.—Section 14509 of title 40, United States Code, is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) IN GENERAL.—The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appa- lachian region for projects and activities to increase affordable access to broadband networks throughout the Appalachian region.’’; (2) by redesignating subsections (b) through (d) as sub- sections (c) through (e), respectively; (3) by inserting after subsection (a) the following: ‘‘(b) ELIGIBLE PROJECTS AND ACTIVITIES.—A project or activity eligible to be carried out under this section is a project or activity— H. R. 3684—157 ‘‘(1) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region; or ‘‘(2) for the construction and deployment of broadband service-related infrastructure in the Appalachian region.’’; (4) in subsection (d) (as so redesignated), in the matter preceding paragraph (1), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and (5) by adding at the end the following: ‘‘(f) REQUEST FOR DATA.—Before making a grant for a project or activity described in subsection (b)(2), the Appalachian Regional Commission shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on— ‘‘(1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service- related infrastructure; and ‘‘(2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal pro- gram. ‘‘(g) REQUIREMENT.—For each fiscal year, not less than 65 per- cent of the amounts made available to carry out this section shall be used for grants for projects and activities described in subsection (b)(2).’’. (e) APPALACHIAN REGIONAL ENERGY HUB INITIATIVE.— (1) IN GENERAL.—Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ‘‘§ 14511. Appalachian regional energy hub initiative ‘‘(a) IN GENERAL.—The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— ‘‘(1) to conduct research and analysis regarding the eco- nomic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market perform- ance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; ‘‘(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and ‘‘(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the cost of any project or activity eligible for a grant under this section— ‘‘(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; ‘‘(2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may H. R. 3684—158 be provided from amounts made available to carry out this section; and ‘‘(3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. ‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— ‘‘(1) under any other Federal program; or ‘‘(2) from any other source. ‘‘(d) FEDERAL SHARE.—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.’’. (2) CLERICAL AMENDMENT.—The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: ‘‘14511. Appalachian regional energy hub initiative.’’. (f) AUTHORIZATION OF APPROPRIATIONS.—Section 14703 of title 40, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (4), by striking ‘‘and’’ at the end; (B) in paragraph (5), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(6) $200,000,000 for each of fiscal years 2022 through 2026.’’; (2) in subsection (c), by striking ‘‘$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021’’ and inserting ‘‘$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026’’; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ‘‘(d) APPALACHIAN REGIONAL ENERGY HUB INITIATIVE.—Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.’’. (g) TERMINATION.—Section 14704 of title 40, United States Code, is amended by striking ‘‘2021’’ and inserting ‘‘2026’’. SEC. 11507. DENALI COMMISSION. (a) DENALI ACCESS SYSTEM PROGRAM.—Notwithstanding sub- section (j) of section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277), there is authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2026 to carry out that section. (b) TRANSFERS OF FUNDS.—Section 311(c) of the Denali Commis- sion Act of 1998 (42 U.S.C. 3121 note; Public Law 105–277) is amended— (1) in paragraph (1), by striking ‘‘and’’ at the end; (2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: H. R. 3684—159 ‘‘(3) notwithstanding any other provision of law, shall— ‘‘(A) be treated as if directly appropriated to the Commission and subject to applicable provisions of this Act; and ‘‘(B) not be subject to any requirements that applied to the funds before the transfer, including a requirement in an appropriations Act or a requirement or regulation of the Federal agency from which the funds are trans- ferred.’’. SEC. 11508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CAR- RIED OUT THROUGH PUBLIC-PRIVATE PARTNERSHIPS. (a) DEFINITIONS.—In this section: (1) PROJECT.—The term ‘‘project’’ means a project (as defined in section 101 of title 23, United States Code) that— (A) is carried out, in whole or in part, using Federal financial assistance; and (B) has an estimated total cost of $100,000,000 or more. (2) PUBLIC-PRIVATE PARTNERSHIP.—The term ‘‘public-pri- vate partnership’’ means an agreement between a public agency and a private entity to finance, build, and maintain or operate a project. (b) REQUIREMENTS FOR PROJECTS CARRIED OUT THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With respect to a public-private partnership, as a condition of receiving Federal financial assistance for a project, the Secretary shall require the public partner, not later than 3 years after the date of opening of the project to traffic— (1) to conduct a review of the project, including a review of the compliance of the private partner with the terms of the public-private partnership agreement; (2)(A) to certify to the Secretary that the private partner of the public-private partnership is meeting the terms of the public-private partnership agreement for the project; or (B) to notify the Secretary that the private partner of the public-private partnership has not met 1 or more of the terms of the public-private partnership agreement for the project, including a brief description of each violation of the public-private partnership agreement; and (3) to make publicly available the certification or notifica- tion, as applicable, under paragraph (2) in a form that does not disclose any proprietary or confidential business informa- tion. (c) NOTIFICATION.—If the Secretary provides Federal financial assistance to a project carried out through a public-private partner- ship, not later than 30 days after the date on which the Federal financial assistance is first obligated, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification of the Federal financial assistance made available for the project. (d) VALUE FOR MONEY ANALYSIS.— (1) PROJECT APPROVAL AND OVERSIGHT.—Section 106(h)(3) of title 23, United States Code, is amended— (A) in subparagraph (C), by striking ‘‘and’’ at the end; H. R. 3684—160 (B) by redesignating subparagraph (D) as subpara- graph (E); and (C) by inserting after subparagraph (C) the following: ‘‘(D) for a project in which the project sponsor intends to carry out the project through a public-private partner- ship agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and’’. (2) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.— Paragraph (21) of section 133(b) of title 23, United States Code (as redesignated by section 1109(a)(1)(C)), is amended by inserting ‘‘, including conducting value for money analyses or similar comparative analyses,’’ after ‘‘oversight’’. (3) TIFIA.—Section 602(a) of title 23, United States Code, is amended by adding at the end the following: ‘‘(11) PUBLIC-PRIVATE PARTNERSHIPS.—In the case of a project to be carried out through a public-private partnership, the public partner shall have— ‘‘(A) conducted a value for money analysis or similar comparative analysis; and ‘‘(B) determined the appropriateness of the public-pri- vate partnership agreement.’’. (e) APPLICABILITY.—This section and the amendments made by this section shall only apply to a public-private partnership agreement entered into on or after the date of enactment of this Act. SEC. 11509. RECONNECTING COMMUNITIES PILOT PROGRAM. (a) DEFINITION OF ELIGIBLE FACILITY.— (1) IN GENERAL.—In this section, the term ‘‘eligible facility’’ means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (2) INCLUSIONS.—In this section, the term ‘‘eligible facility’’ may include— (A) a limited access highway; (B) a viaduct; and (C) any other principal arterial facility. (b) ESTABLISHMENT.—The Secretary shall establish a pilot pro- gram through which an eligible entity may apply for funding, in order to restore community connectivity— (1) to study the feasibility and impacts of removing, retro- fitting, or mitigating an existing eligible facility; (2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and (3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. (c) PLANNING GRANTS.— (1) ELIGIBLE ENTITIES.—The Secretary may award a grant (referred to in this section as a ‘‘planning grant’’) to carry out planning activities described in paragraph (2) to— (A) a State; (B) a unit of local government; (C) a Tribal government; H. R. 3684—161 (D) a metropolitan planning organization; and (E) a nonprofit organization. (2) ELIGIBLE ACTIVITIES DESCRIBED.—The planning activi- ties referred to in paragraph (1) are— (A) planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evalua- tions of— (i) current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; (ii) the capacity of existing transportation networks to maintain mobility needs; (iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right- of-way would suffice to create an alternative roadway design; (iv) the effect of the removal, retrofit, or mitigation of the eligible facility on the mobility of freight and people; (v) the effect of the removal, retrofit, or mitigation of the eligible facility on the safety of the traveling public; (vi) the cost to remove, retrofit, or mitigate the eligible facility— (I) to restore community connectivity; and (II) to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; (vii) the anticipated economic impact of removing, retrofitting, or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing, retrofitting, or mitigating and converting the eligible facility; and (viii) the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; (B) public engagement activities to provide opportuni- ties for public input into a plan to remove and convert an eligible facility; and (C) other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Secretary. (3) TECHNICAL ASSISTANCE PROGRAM.— (A) IN GENERAL.—The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. (B) TECHNICAL ASSISTANCE DESCRIBED.—The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity— (i) to engage in transportation planning; and H. R. 3684—162 (ii) to identify innovative solutions to infrastruc- ture challenges, including reconnecting communities that— (I) are bifurcated by eligible facilities; or (II) lack safe, reliable, and affordable transpor- tation choices. (C) PRIORITIES.—In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. (4) SELECTION.—The Secretary shall— (A) solicit applications for— (i) planning grants; and (ii) technical assistance under paragraph (3); and (B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that— (i) the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submis- sion of the application; (ii) the eligible facility— (I) creates barriers to mobility, access, or eco- nomic development; or (II) is not justified by current and forecast future travel demand; and (iii) on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore community connectivity, further investigation is necessary and likely to be productive. (5) AWARD AMOUNTS.—A planning grant may not exceed $2,000,000 per recipient. (6) FEDERAL SHARE.—The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. (d) CAPITAL CONSTRUCTION GRANTS.— (1) ELIGIBLE ENTITIES.—The Secretary may award a grant (referred to in this section as a ‘‘capital construction grant’’) to the owner of an eligible facility to carry out an eligible project described in paragraph (3) for which all necessary feasi- bility studies and other planning activities have been completed. (2) PARTNERSHIPS.—An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with— (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; or (E) a nonprofit organization. (3) ELIGIBLE PROJECTS.—A project eligible to be carried out with a capital construction grant includes— (A) the removal, retrofit, or mitigation of an eligible facility; and (B) the replacement of an eligible facility with a new facility that— (i) restores community connectivity; and (ii) is— H. R. 3684—163 (I) sensitive to the context of the surrounding community; and (II) otherwise eligible for funding under title 23, United States Code. (4) SELECTION.—The Secretary shall— (A) solicit applications for capital construction grants; and (B) evaluate applications on the basis of— (i) the degree to which the project will improve mobility and access through the removal of barriers; (ii) the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; (iii) the impact of the project on freight movement; (iv) the results of a cost-benefit analysis of the project; (v) the opportunities for inclusive economic development; (vi) the degree to which the eligible facility is out of context with the current or planned land use; (vii) the results of any feasibility study completed for the project; and (viii) the plan of the applicant for— (I) employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship pro- grams, if applicable; and (II) contracting and subcontracting with dis- advantaged business enterprises. (5) MINIMUM AWARD AMOUNTS.—A capital construction grant shall be in an amount not less than $5,000,000 per recipient. (6) FEDERAL SHARE.— (A) IN GENERAL.—Subject to subparagraph (B), a cap- ital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. (B) MAXIMUM FEDERAL INVOLVEMENT.—Federal assist- ance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Fed- eral assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. (7) COMMUNITY ADVISORY BOARD.— (A) IN GENERAL.—To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a commu- nity advisory board, which shall— (i) facilitate community engagement with respect to the project; and (ii) track progress with respect to commitments of the grant recipient to inclusive employment, con- tracting, and economic development under the project. H. R. 3684—164 (B) MEMBERSHIP.—If a grant recipient forms a commu- nity advisory board under subparagraph (A), the commu- nity advisory board shall be composed of representatives of— (i) the community; (ii) owners of businesses that serve the community; (iii) labor organizations that represent workers that serve the community; and (iv) State and local government. (e) REPORTS.— (1) USDOT REPORT ON PROGRAM.—Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program under this section, including— (A) information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and (B) for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including— (i) any changes in the overall level of mobility, congestion, access, and safety in the project area; and (ii) environmental impacts and economic develop- ment opportunities in the project area. (2) GAO REPORT ON HIGHWAY REMOVALS.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report that— (A) identifies examples of projects to remove highways using Federal highway funds; (B) evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; (C) evaluates the existing Federal-aid program eligi- bility under title 23, United States Code, for highway removal projects; (D) analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or recon- structing the highway; and (E) provides recommendations for integrating those assessments into transportation planning and decision- making processes. (f) TECHNICAL ASSISTANCE.—Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3). (g) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR. (a) DEFINITIONS.—In this section: H. R. 3684—165 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Federal Highway Administration. (2) CYBER INCIDENT.—The term ‘‘cyber incident’’ has the meaning given the term ‘‘incident’’ in section 3552 of title 44, United States Code. (3) TRANSPORTATION AUTHORITY.—The term ‘‘transportation authority’’ means— (A) a public authority (as defined in section 101(a) of title 23, United States Code); (B) an owner or operator of a highway (as defined in section 101(a) of title 23, United States Code); (C) a manufacturer that manufactures a product related to transportation; and (D) a division office of the Federal Highway Adminis- tration. (b) CYBERSECURITY TOOL.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall develop a tool to assist transportation authorities in identifying, detecting, protecting against, responding to, and recovering from cyber incidents. (2) REQUIREMENTS.—In developing the tool under para- graph (1), the Administrator shall— (A) use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to improving critical infra- structure cybersecurity); (B) establish a structured cybersecurity assessment and development program; (C) coordinate with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; (D) consult with appropriate transportation authorities, operating agencies, industry stakeholders, and cybersecu- rity experts; and (E) provide for a period of public comment and review on the tool. (c) DESIGNATION OF CYBER COORDINATOR.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a ‘‘cyber coordinator’’, which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents. (2) REQUIREMENTS.—The office designated under paragraph (1) shall, in coordination with the Transportation Security Administration and the Cybersecurity and Infrastructure Secu- rity Agency— (A) provide to transportation authorities a secure method of notifying the Federal Highway Administration of cyber incidents; (B) share the information collected under subparagraph (A) with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; (C) monitor cyber incidents that affect transportation authorities; H. R. 3684—166 (D) alert transportation authorities to cyber incidents that affect those transportation authorities; (E) investigate unaddressed cyber incidents that affect transportation authorities; and (F) provide to transportation authorities educational resources, outreach, and awareness on fundamental prin- ciples and best practices in cybersecurity for transportation systems. SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND INFRASTRUCTURE. (a) DEFINITIONS.—In this section: (1) EMERGING ALTERNATIVE FUEL VEHICLE.—The term ‘‘emerging alternative fuel vehicle’’ means a vehicle fueled by hydrogen, natural gas, or propane. (2) EMERGING ALTERNATIVE FUELING INFRASTRUCTURE.— The term ‘‘emerging alternative fueling infrastructure’’ means infrastructure for fueling an emerging alternative fuel vehicle. (b) REPORT.—Not later than 1 year after the date of enactment of this Act, to help guide future investments for emerging alter- native fueling infrastructure, the Secretary shall submit to Congress and make publicly available a report that— (1) includes an evaluation of emerging alternative fuel vehicles and projections for potential locations of emerging alternative fuel vehicle owners during the 5-year period begin- ning on the date of submission of the report; (2) identifies areas where emerging alternative fueling infrastructure will be needed to meet the current and future needs of drivers during the 5-year period beginning on the date of submission of the report; (3) identifies specific areas, such as a lack of pipeline infrastructure, that may impede deployment and adoption of emerging alternative fuel vehicles; (4) includes a map that identifies concentrations of emerging alternative fuel vehicles to meet the needs of current and future emerging alternative fueling infrastructure; (5) estimates the future need for emerging alternative fueling infrastructure to support the adoption and use of emerging alternative fuel vehicles; and (6) includes a tool to allow States to compare and evaluate different adoption and use scenarios for emerging alternative fuel vehicles, with the ability to adjust factors to account for regionally specific characteristics. SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY. (a) DEFINITIONS.—In this section: (1) HIGHWAY TRUST FUND.—The term ‘‘Highway Trust Fund’’ means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986. (2) NONHIGHWAY RECREATIONAL FUEL TAXES.—The term ‘‘nonhighway recreational fuel taxes’’ means taxes under section 4041 and 4081 of the Internal Revenue Code of 1986 with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain). H. R. 3684—167 (3) RECREATIONAL TRAILS PROGRAM.—The term ‘‘rec- reational trails program’’ means the recreational trails program under section 206 of title 23, United States Code. (b) ASSESSMENT; REPORT.— (1) ASSESSMENT.—Not later than 1 year after the date of enactment of this Act and not less frequently than once every 5 years thereafter, as determined by the Secretary, the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment. (2) REPORT.—After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes— (A) to assist Congress in determining an appropriate funding level for the recreational trails program— (i) a description of the results of the assessment; and (ii) an evaluation of whether the current rec- reational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and (B) in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years. (c) CONSULTATION.—In carrying out an assessment under sub- section (b)(1), the Secretary may consult with, as the Secretary determines to be appropriate— (1) the heads of— (A) State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and (B) division offices of the Department; (2) the Secretary of the Treasury; (3) the Administrator of the Federal Highway Administra- tion; and (4) groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates. SEC. 11513. BUY AMERICA. Section 313 of title 23, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ‘‘(g) WAIVERS.— ‘‘(1) IN GENERAL.—Not less than 15 days before issuing a waiver under this section, the Secretary shall provide to the public— H. R. 3684—168 ‘‘(A) notice of the proposed waiver; ‘‘(B) an opportunity for comment on the proposed waiver; and ‘‘(C) the reasons for the proposed waiver. ‘‘(2) REPORT.—Not less frequently than annually, the Sec- retary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representatives a report on the waivers provided under this section.’’. SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM. (a) HIGH PRIORITY CORRIDORS.—Section 1105(c) of the Inter- modal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032; 133 Stat. 3018) is amended— (1) by striking paragraph (84) and inserting the following: ‘‘(84) The Central Texas Corridor, including the route— ‘‘(A) commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas High- way 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas; ‘‘(B) commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas; ‘‘(C) following portions of United States Route 190 east- ward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas; ‘‘(D) following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Inter- state Route 10 at Junction, Texas; ‘‘(E) following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas; ‘‘(F) following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and ‘‘(G) following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas, to Interstate 20 at Odessa, Texas.’’; and (2) by adding at the end the following: ‘‘(92) United States Route 421 from the interchange with Interstate Route 85 in Greensboro, North Carolina, to the inter- change with Interstate Route 95 in Dunn, North Carolina. ‘‘(93) The South Mississippi Corridor from the Louisiana and Mississippi border near Natchez, Mississippi, to Gulfport, Mississippi, shall generally follow— ‘‘(A) United States Route 84 from the Louisiana border at the Mississippi River passing in the vicinity of Natchez, H. R. 3684—169 Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to the logical terminus with Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 south to the vicinity of Hattiesburg, Mississippi; and ‘‘(B) United States Route 49 from the vicinity of Hattiesburg, Mississippi, south to Interstate Route 10 in the vicinity of Gulfport, Mississippi, following Mississippi Route 601 south and terminating near the Mississippi State Port at Gulfport. ‘‘(94) The Kosciusko to Gulf Coast corridor commencing at the logical terminus of Interstate Route 55 near Vaiden, Mississippi, running south and passing east of the vicinity of the Jackson Urbanized Area, connecting to United States Route 49 north of Hattiesburg, Mississippi, and generally fol- lowing United States Route 49 to a logical connection with Interstate Route 10 in the vicinity of Gulfport, Mississippi. ‘‘(95) The Interstate Route 22 spur from the vicinity of Tupelo, Mississippi, running south generally along United States Route 45 to the vicinity of Shannon, Mississippi. ‘‘(96) The route that generally follows United States Route 412 from its intersection with Interstate Route 35 in Noble County, Oklahoma, passing through Tulsa, Oklahoma, to its intersection with Interstate Route 49 in Springdale, Arkansas. ‘‘(97) The Louie B. Nunn Cumberland Expressway from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky. ‘‘(98) The route that generally follows State Route 7 from Grenada, Mississippi, to Holly Springs, Mississippi, passing in the vicinity of Coffeeville, Water Valley, Oxford, and Abbe- ville, Mississippi, to its logical connection with Interstate Route 22 in the vicinity of Holly Springs, Mississippi. ‘‘(99) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana. ‘‘(100) The Central Mississippi Corridor, including the route— ‘‘(A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi–Alabama State border; and ‘‘(B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of H. R. 3684—170 Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport. ‘‘(101) The Middle Alabama Corridor including the route— ‘‘(A) beginning at the Alabama–Mississippi border gen- erally following portions of I–20 until following a new inter- state extension paralleling United States Highway 80, specifically— ‘‘(B) crossing Alabama Route 28 near Coatopa, Ala- bama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Ala- bama; ‘‘(C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama; ‘‘(D) continuing along I–85 east bound until its intersec- tion with United States Highway 280 near Opelika, Ala- bama or United States Highway 80 near Tuskegee, Ala- bama; ‘‘(E) generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia. ‘‘(102) The Middle Georgia Corridor including the route— ‘‘(A) beginning at the Alabama–Georgia Border gen- erally following the Fall Line Freeway from Columbus, Georgia to Augusta, Georgia, specifically— ‘‘(B) travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate Route 75 in Byron, Georgia; ‘‘(C) continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16, then following Interstate Route 16 east it would next join United States Route 80 and then onto State Route 57; ‘‘(D) commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass, and after the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520.’’. (b) DESIGNATION AS FUTURE INTERSTATES.—Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 597; 133 Stat. 3018) is amended in the first sentence— (1) by inserting ‘‘subsection (c)(84),’’ after ‘‘subsection (c)(83),’’; and (2) by striking ‘‘and subsection (c)(91)’’ and inserting ‘‘sub- section (c)(91), subsection (c)(92), subsection (c)(93)(A), sub- section (c)(94), subsection (c)(95), subsection (c)(96), subsection H. R. 3684—171 (c)(97), subsection (c)(99), subsection (c)(100), subsection (c)(101), and subsection (c)(102)’’. (c) NUMBERING OF PARKWAY.—Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598; 133 Stat. 3018) is amended— (1) by striking the fifteenth sentence and inserting the following: ‘‘The route referred to in subsection (c)(84)(A) is designated as Interstate Route I–14 North. The route referred to in subsection (c)(84)(B) is designated as Interstate Route I–14 South. The Bryan/College Station, Texas loop referred to in subsection (c)(84)(C) is designated as Interstate Route I–214.’’; and (2) by adding at the end the following: ‘‘The route referred to in subsection (c)(97) is designated as Interstate Route I– 365. The routes referred to in subsections (c)(84)(C), (c)(99), (c)(100), (c)(101), and (c)(102) are designated as Interstate Route I–14. The routes referred to in subparagraphs (D), (E), (F), and (G) of subsection (c)(84) and subparagraph (B) of subsection (c)(100) shall each be given separate Interstate route numbers.’’. (d) GAO REPORT ON DESIGNATION OF SEGMENTS AS PART OF INTERSTATE SYSTEM.— (1) DEFINITION OF APPLICABLE SEGMENT.—In this sub- section, the term ‘‘applicable segment’’ means the route described in paragraph (92) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102– 240; 105 Stat. 2032). (2) REPORT.— (A) IN GENERAL.—Not later than 2 years after the date on which the applicable segment is open for operations as part of the Interstate System, the Comptroller General of the United States shall submit to Congress a report on the impact, if any, during that 2-year period of allowing the continuation of weight limits that applied before the designation of the applicable segment as a route on the Interstate System. (B) REQUIREMENTS.—The report under subparagraph (A) shall— (i) be informed by the views and documentation provided by the State highway agency (or equivalent agency) in the State in which the applicable segment is located; (ii) describe any impacts on safety and infrastruc- ture on the applicable segment; (iii) describe any view of the State highway agency (or equivalent agency) in the State in which the applicable segment is located on the impact of the applicable segment; and (iv) focus only on the applicable segment. SEC. 11515. INTERSTATE WEIGHT LIMITS. Section 127 of title 23, United States Code, is amended— (1) in subsection (l)(3)(A)— (A) in the matter preceding clause (i), in the first sentence, by striking ‘‘clauses (i) through (iv) of this subparagraph’’ and inserting ‘‘clauses (i) through (v)’’; and (B) by adding at the end the following: H. R. 3684—172 ‘‘(v) The Louie B. Nunn Cumberland Expressway (to be designated as a spur of Interstate Route 65) from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky.’’; and (2) by adding at the end the following: ‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH CAROLINA HIGHWAYS.—If any segment in the State of North Carolina of United States Route 17, United States Route 29, United States Route 52, United States Route 64, United States Route 70, United States Route 74, United States Route 117, United States Route 220, United States Route 264, or United States Route 421 is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any require- ment under subsection (a). ‘‘(w) OPERATION OF VEHICLES ON CERTAIN OKLAHOMA HIGH- WAYS.—If any segment of the highway referred to in paragraph (96) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240; 105 Stat. 2032) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without any regard to any requirement under this section.’’. SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS. (a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report that evaluates the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code (referred to in this section as the ‘‘program’’), to— (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. (b) CONTENTS.—The evaluation under subsection (a) shall include an evaluation of— (1) the reductions of ozone, carbon monoxide, and particu- late matter that result from projects under the program; (2) the cost-effectiveness of the reductions described in paragraph (1); (3) the result of investments of funding under the program in minority and low-income communities that are disproportion- ately affected by ozone, carbon monoxide, and particulate matter; (4) the effectiveness, with respect to the attainment or maintenance of national ambient air quality standards under section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone, carbon monoxide, and particulate matter, of performance meas- ures established under section 150(c)(5) of title 23, United States Code, and performance targets established under sub- section (d) of that section for traffic congestion and on-road mobile source emissions; (5) the extent to which there are any types of projects that are not eligible funding under the program that would H. R. 3684—173 be likely to contribute to the attainment or maintenance of the national ambient air quality standards described in para- graph (4); and (6) the extent to which projects under the program reduce sulfur dioxide, nitrogen dioxide, and lead. SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE. (a) IN GENERAL.—To the maximum extent practicable, the Sec- retary shall develop a process for third party verification of full- scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination. In establishing such a process, the Secretary shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee. (b) CONTINUED ISSUANCE OF ELIGIBILITY LETTERS.—Until the implementation of the process described in subsection (a) is com- plete, the Secretary may, and is encouraged to, ensure that the Administrator of the Federal Highway Administration continues to issue Federal-aid reimbursement eligibility letters for roadside safety hardware as a service to States. (c) REPORT TO CONGRESS.— (1) IN GENERAL.—If the Secretary seeks to discontinue issuing the letters described in subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report at least 1 year before discontinuing the letters. (2) INCLUSIONS.—The report described in paragraph (1) shall include a summary of the third-party verification process described in subsection (a) that will replace the Federal High- way Administration issuance of eligibility letters and any other relevant information that the Secretary deems necessary. SEC. 11518. PERMEABLE PAVEMENTS STUDY. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall carry out a study— (1) to gather existing information on the effects of per- meable pavements on flood control in different contexts, including in urban areas, and over the lifetime of the permeable pavement; (2) to perform research to fill gaps in the existing informa- tion gathered under paragraph (1); and (3) to develop— (A) models for the performance of permeable pavements in flood control; and (B) best practices for designing permeable pavement to meet flood control requirements. (b) DATA SURVEY.—In carrying out the study under subsection (a), the Secretary shall develop— (1) a summary, based on available literature and models, of localized flood control capabilities of permeable pavement that considers long-term performance and cost information; and H. R. 3684—174 (2) best practices for the design of localized flood control using permeable pavement that considers long-term perform- ance and cost information. (c) PUBLICATION.—The Secretary shall make a report describing the results of the study under subsection (a) publicly available. SEC. 11519. EMERGENCY RELIEF PROJECTS. (a) DEFINITION OF EMERGENCY RELIEF PROJECT.—In this sec- tion, the term ‘‘emergency relief project’’ means a project carried out under the emergency relief program under section 125 of title 23, United States Code. (b) IMPROVING THE EMERGENCY RELIEF PROGRAM.—Not later than 90 days after the date of enactment of this Act, the Secretary shall— (1) revise the emergency relief manual of the Federal High- way Administration— (A) to include and reflect the definition of the term ‘‘resilience’’ (as defined in section 101(a) of title 23, United States Code); (B) to identify procedures that States may use to incor- porate resilience into emergency relief projects; and (C) to encourage the use of Complete Streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster; (2) develop best practices for improving the use of resilience in— (A) the emergency relief program under section 125 of title 23, United States Code; and (B) emergency relief efforts; (3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and (4) develop and implement a process to track— (A) the consideration of resilience as part of the emer- gency relief program under section 125 of title 23, United States Code; and (B) the costs of emergency relief projects. SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES. (a) STUDY.—Not later than 180 days after the date of enactment of this Act, the Secretary and the Administrator of the Environment Protection Agency shall offer to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study— (1) to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title 23, United States Code, to inform the development of appropriate total maximum daily load (as defined in section 130.2 of title 40, Code of Federal Regulations (or successor regulations)) requirements; (2) to provide recommendations regarding the evaluation and selection by State departments of transportation of poten- tial stormwater management and total maximum daily load compliance strategies within a watershed, including environ- mental restoration and pollution abatement carried out under H. R. 3684—175 section 328 of title 23, United States Code (including any revi- sions to law (including regulations) that the Transportation Research Board determines to be appropriate); and (3) to examine the potential for the Secretary to assist State departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title 23, United States Code, through information-sharing agreements, database assistance, or an administrative platform to provide the information described in paragraphs (1) and (2) to entities issued permits under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) REQUIREMENTS.—If the Transportation Research Board enters into an agreement under subsection (a), in conducting the study under that subsection, the Transportation Research Board shall— (1) review and supplement, as appropriate, the methodolo- gies examined and recommended in the report of the National Academies of Sciences, Engineering, and Medicine entitled ‘‘Approaches for Determining and Complying with TMDL Requirements Related to Roadway Stormwater Runoff’’ and dated 2019; (2) consult with— (A) the Secretary; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of the Army, acting through the Chief of Engineers; and (D) State departments of transportation; and (3) solicit input from— (A) stakeholders with experience in implementing stormwater management practices for projects; and (B) educational and technical stormwater management groups. (c) REPORT.—If the Transportation Research Board enters into an agreement under subsection (a), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transpor- tation and Infrastructure of the House of Representatives a report describing the results of the study. SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS. (a) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Federal Highway Administration. (2) BEST MANAGEMENT PRACTICES REPORT.—The term ‘‘best management practices report’’ means— (A) the 2014 report sponsored by the Administrator entitled ‘‘Determining the State of the Practice in Data Collection and Performance Measurement of Stormwater Best Management Practices’’; and (B) the 1997 report sponsored by the Administrator entitled ‘‘Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring’’. (b) REISSUANCE.—Not later than 1 year after the date of enact- ment of this Act, the Administrator shall update and reissue each H. R. 3684—176 best management practices report to reflect new information and advancements in stormwater management. (c) UPDATES.—Not less frequently than once every 5 years after the date on which the Administrator reissues a best manage- ment practices report described in subsection (b), the Administrator shall update and reissue the best management practices report until the earlier of the date on which— (1) the best management practices report is withdrawn; or (2) the contents of the best management practices report are incorporated (including by reference) into applicable regula- tions of the Administrator. SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM. (a) DEFINITIONS.—In this section: (1) INVASIVE PLANT.—The term ‘‘invasive plant’’ means a nonnative plant, tree, grass, or weed species, including, at a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous bluegrass, Japanese brome, rattail fescue, Japanese honey- suckle, phragmites, autumn olive, Bradford pear, wild parsnip, sericea lespedeza, spotted knapweed, garlic mustard, and palmer amaranth. (2) PROGRAM.—The term ‘‘program’’ means the grant pro- gram established under subsection (b). (3) TRANSPORTATION CORRIDOR.—The term ‘‘transportation corridor’’ means a road, highway, railroad, or other surface transportation route. (b) ESTABLISHMENT.—The Secretary shall carry out a program to provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights- of-way. (c) APPLICATION.—To be eligible to receive a grant under the program, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) ELIGIBLE ACTIVITIES.— (1) IN GENERAL.—Subject to this subsection, a State that receives a grant under the program may use the grant funds to carry out activities to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (2) PRIORITIZATION OF PROJECTS.—In carrying out the pro- gram, the Secretary shall give priority to projects that utilize revegetation with native plants and wildflowers, including those that are pollinator-friendly. (3) PROHIBITION ON CERTAIN USES OF FUNDS.—Amounts provided to a State under the program may not be used for costs relating to mowing a transportation corridor right-of- way or the adjacent area unless— (A) mowing is identified as the best means of treatment according to best management practices; or (B) mowing is used in conjunction with another treat- ment. H. R. 3684—177 (4) LIMITATION.—Not more than 10 percent of the amounts provided to a State under the program may be used for the purchase of equipment. (5) ADMINISTRATIVE AND INDIRECT COSTS.—Not more than 5 percent of the amounts provided to a State under the program may be used for the administrative and other indirect costs (such as full time employee salaries, rent, insurance, subscrip- tions, utilities, and office supplies) of carrying out eligible activi- ties. (e) REQUIREMENTS.— (1) COORDINATION.—In carrying out eligible activities with a grant under the program, a State shall coordinate with— (A) units of local government, political subdivisions of the State, and Tribal authorities that are carrying out eligible activities in the areas to be treated; (B) local regulatory authorities, in the case of a treat- ment along or adjacent to a railroad right-of-way; and (C) with respect to the most effective roadside control methods, State and Federal land management agencies and any relevant Tribal authorities. (2) ANNUAL REPORT.—Not later than 1 year after the date on which a State receives a grant under the program, and annually thereafter, that State shall provide to the Secretary an annual report on the treatments carried out using funds from the grant. (f) FEDERAL SHARE.— (1) IN GENERAL.—The Federal share of the cost of an eligible activity carried out using funds from a grant under the program shall be— (A) in the case of a project that utilizes revegetation with native plants and wildflowers, including those that are pollinator-friendly, 75 percent; and (B) in the case of any other project not described in subparagraph (A), 50 percent. (2) CERTAIN FUNDS COUNTED TOWARD NON-FEDERAL SHARE.—A State may include amounts expended by the State or a unit of local government in the State to address current invasive plant populations and prevent future infestation along or in areas adjacent to transportation corridor rights-of-way in calculating the non-Federal share required under the pro- gram. (g) FUNDING.—There is authorized to be appropriated to carry out the program $50,000,000 for each of fiscal years 2022 through 2026. SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY. Section 129(a) of title 23, United States Code, is amended— (1) in paragraph (3)(B)(i), by inserting ‘‘, together with the results of the audit under paragraph (9)(C),’’ after ‘‘the audits’’; and (2) in paragraph (9)— (A) by striking ‘‘An over-the-road’’ and inserting the following: ‘‘(A) IN GENERAL.—An over-the-road’’; (B) in subparagraph (A) (as so designated), by striking ‘‘public transportation buses’’ and inserting ‘‘public transportation vehicles’’; and H. R. 3684—178 (C) by adding at the end the following: ‘‘(B) REPORTS.— ‘‘(i) IN GENERAL.—Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses. ‘‘(ii) UPDATES.—A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over- the-road buses by not later than 30 days after the date on which the change takes effect. ‘‘(iii) PUBLICATION.—The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website. ‘‘(C) ANNUAL AUDIT.— ‘‘(i) IN GENERAL.—A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall— ‘‘(I) conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and ‘‘(II) report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary. ‘‘(ii) RECORDS.—After providing reasonable notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. ‘‘(iii) NONCOMPLIANCE.—If the Secretary deter- mines that a public authority described in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue col- lecting tolls until an agreement with the Secretary is reached to achieve compliance.’’. SEC. 11524. BRIDGE TERMINOLOGY. (a) CONDITION OF NHS BRIDGES.—Section 119(f)(2) of title 23, United States Code, is amended by striking ‘‘structurally deficient’’ each place it appears and inserting ‘‘in poor condition’’. (b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.—Section 144(b)(5) of title 23, United States Code, is amended by striking ‘‘structurally deficient bridge’’ and inserting ‘‘bridge classified as in poor condition’’. (c) TRIBAL TRANSPORTATION FACILITY BRIDGES.—Section 202(d) of title 23, United States Code, is amended— (1) in paragraph (1), by striking ‘‘deficient bridges eligible for the tribal transportation program’’ and inserting ‘‘bridges eligible for the tribal transportation program classified as in poor condition, having low load capacity, or needing geometric improvements’’; and (2) in paragraph (3)(C), by striking ‘‘structurally deficient or functionally obsolete’’ and inserting ‘‘classified as in poor H. R. 3684—179 condition, having a low load capacity, or needing geometric improvements’’. SEC. 11525. TECHNICAL CORRECTIONS. (a) Section 101(b)(1) of title 23, United States Code, is amended by inserting ‘‘Highways’’ after ‘‘and Defense’’. (b) Section 104(f)(3) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking ‘‘FEDERAL HIGH- WAY ADMINISTRATION’’ and inserting ‘‘AN OPERATING ADMINIS- TRATION OF THE DEPARTMENT OF TRANSPORTATION’’; and (2) in subparagraph (A), by striking ‘‘the Federal Highway Administration’’ and inserting ‘‘an operating administration of the Department of Transportation’’. (c) Section 108(c)(3)(F) of title 23, United States Code, is amended— (1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et seq.)’’ after ‘‘Policy Act’’; and (2) by striking ‘‘this Act’’ and inserting ‘‘this title’’. (d) Section 112(b)(2) of title 23, United States Code, is amended by striking ‘‘(F) (F) Subparagraphs’’ and inserting the following: ‘‘(F) EXCLUSION.—Subparagraphs’’. (e) Section 115(c) of title 23, United States Code, is amended by striking ‘‘section 135(f)’’ and inserting ‘‘section 135(g)’’. (f) Section 130(g) of title 23, United States Code, is amended— (1) in the third sentence— (A) by striking ‘‘and Transportation,’’ and inserting ‘‘and Transportation’’; and (B) by striking ‘‘thereafter,,’’ and inserting ‘‘thereafter,’’; and (2) in the fifth sentence, by striking ‘‘railroad highway’’ and inserting ‘‘railway-highway’’. (g) Section 135(g) of title 23, United States Code, is amended— (1) in paragraph (3), by striking ‘‘operators),,’’ and inserting ‘‘operators),’’; and (2) in paragraph (6)(B), by striking ‘‘5310, 5311, 5316, and 5317’’ and inserting ‘‘5310 and 5311’’. (h) Section 139 of title 23, United States Code (as amended by section 11301), is amended— (1) in subsection (b)(1), by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’; (2) in subsection (c), by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’ each place it appears; and (3) in subsection (k)(2), by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. (i) Section 140(a) of title 23, United States Code, is amended, in the third sentence, by inserting a comma after ‘‘Secretary’’. (j) Section 148(i)(2)(D) of title 23, United States Code, is amended by striking ‘‘safety safety’’ and inserting ‘‘safety’’. (k) Section 166(a)(1) of title 23, United States Code, is amended by striking the paragraph designation and heading and all that follows through ‘‘A public authority’’ and inserting the following: ‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A public authority’’. (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and inserting ‘‘(25 U.S.C. 5301 et seq.)’’. H. R. 3684—180 (m) Section 202 of title 23, United States Code, is amended— (1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each place it appears and inserting ‘‘(25 U.S.C. 5301 et seq.)’’; (2) in subsection (a)(10)(B), by striking ‘‘(25 U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C. 5307(b))’’; and (3) in subsection (b)(5), in the matter preceding subpara- graph (A), by inserting ‘‘the’’ after ‘‘agreement under’’. (n) Section 206(d)(2)(G) of title 23, United States Code, is amended by striking ‘‘use of recreational trails’’ and inserting ‘‘uses of recreational trails’’. (o) Section 207 of title 23, United States Code, is amended— (1) in subsection (g)— (A) by striking ‘‘(25 U.S.C. 450j–1)’’ and inserting ‘‘(25 U.S.C. 5325)’’; and (B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and inserting ‘‘(25 U.S.C. 5325(f))’’; (2) in subsection (l)— (A) in paragraph (1), by striking ‘‘(25 U.S.C. 458aaa– 5)’’ and inserting ‘‘(25 U.S.C. 5386)’’; (B) in paragraph (2), by striking ‘‘(25 U.S.C. 458aaa– 6)’’ and inserting ‘‘(25 U.S.C. 5387)’’; (C) in paragraph (3), by striking ‘‘(25 U.S.C. 458aaa– 7)’’ and inserting ‘‘(25 U.S.C. 5388)’’; (D) in paragraph (4), by striking ‘‘(25 U.S.C. 458aaa– 9)’’ and inserting ‘‘(25 U.S.C. 5390)’’; (E) in paragraph (5), by striking ‘‘(25 U.S.C. 458aaa– 10)’’ and inserting ‘‘(25 U.S.C. 5391)’’; (F) in paragraph (6), by striking ‘‘(25 U.S.C. 458aaa– 11)’’ and inserting ‘‘(25 U.S.C. 5392)’’; (G) in paragraph (7), by striking ‘‘(25 U.S.C. 458aaa– 14)’’ and inserting ‘‘(25 U.S.C. 5395)’’; (H) in paragraph (8), by striking ‘‘(25 U.S.C. 458aaa– 15)’’ and inserting ‘‘(25 U.S.C. 5396)’’; and (I) in paragraph (9), by striking ‘‘(25 U.S.C. 458aaa– 17)’’ and inserting ‘‘(25 U.S.C. 5398)’’; and (3) in subsection (m)(2)— (A) by striking ‘‘505’’ and inserting ‘‘501’’; and (B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’ and inserting ‘‘(25 U.S.C. 5304; 5381)’’. (p) Section 217(d) of title 23, United States Code, is amended by striking ‘‘104(b)(3)’’ and inserting ‘‘104(b)(4)’’. (q) Section 323(d) of title 23, United States Code, is amended in the matter preceding paragraph (1), in the second sentence, by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after ‘‘of 1969’’. (r) Section 325 of title 23, United States Code, is repealed. (s) Section 504(g)(6) of title 23, United States Code, is amended by striking ‘‘make grants or to’’ and inserting ‘‘make grants to’’. (t) The analysis for chapter 3 of title 23, United States Code, is amended by striking the item relating to section 325. SEC. 11526. WORKING GROUP ON COVERED RESOURCES. (a) DEFINITIONS.—In this section: (1) COVERED RESOURCE.—The term ‘‘covered resource’’ means a common variety material used in transportation infra- structure construction and maintenance, including stone, sand, and gravel. H. R. 3684—181 (2) STATE.—The term ‘‘State’’ means each of the several States, the District of Columbia, and each territory or posses- sion of the United States. (3) WORKING GROUP.—The term ‘‘Working Group’’ means the working group established under subsection (b). (b) ESTABLISHMENT.—Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a working group to conduct a study on access to covered resources for infra- structure projects. (c) MEMBERSHIP.— (1) APPOINTMENT.—The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources. (2) REPRESENTATION.—The Working Group shall include not less than 1 representative of each of the following: (A) State departments of transportation. (B) State agencies associated with covered resources protection. (C) State planning and geologic survey and mapping agencies. (D) Commercial motor vehicle operators, including small business operators and operators who transport cov- ered resources. (E) Covered resources producers. (F) Construction contractors. (G) Labor organizations. (H) Metropolitan planning organizations and regional planning organizations. (I) Indian Tribes, including Tribal elected leadership or Tribal transportation officials. (J) Any other stakeholders that the Secretary deter- mines appropriate. (3) TERMINATION.—The Working Group shall terminate 180 days after the date on which the Secretary receives the report under subsection (f)(1). (d) DUTIES.—In carrying out the study required under sub- section (b), the Working Group shall analyze— (1) the use of covered resources in transportation projects funded with Federal dollars; (2) how the proximity of covered resources to such projects affects the cost and environmental impact of those projects; (3) whether and how State, Tribal, and local transportation and planning agencies consider covered resources when devel- oping transportation projects; and (4) any challenges for transportation project sponsors regarding access and proximity to covered resources. (e) CONSULTATION.—In carrying out the study required under subsection (b), the Working Group shall consult with, as appro- priate— (1) chief executive officers of States; (2) State, Tribal, and local transportation and planning agencies; (3) other relevant State, Tribal, and local agencies, including State agencies associated with covered resources protection; (4) members of the public with industry experience with respect to covered resources; H. R. 3684—182 (5) other Federal entities that provide funding for transpor- tation projects; and (6) any other stakeholder the Working Group determines appropriate. (f) REPORTS.— (1) WORKING GROUP REPORT.—Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes— (A) the findings of the study required under subsection (b), including a summary of comments received during the consultation process under subsection (e); and (B) any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects. (2) DEPARTMENTAL REPORT.—Not later than 90 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Rep- resentatives and the Committee on Environment and Public Works of the Senate a summary of the findings under the report and any recommendations, as appropriate. SEC. 11527. BLOOD TRANSPORT VEHICLES. Section 166(b) of title 23, United States Code, is amended by adding at the end the following: ‘‘(6) BLOOD TRANSPORT VEHICLES.—The public authority may allow blood transport vehicles that are transporting blood between a collection point and a hospital or storage center to use the HOV facility if the public authority establishes requirements for clearly identifying such vehicles.’’. SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY RIGHTS-OF-WAY. (a) IN GENERAL.—Chapter 3 of title 23, United States Code (as amended by section 11309(a)), is amended by adding at the end the following: ‘‘§ 332. Pollinator-friendly practices on roadsides and high- way rights-of-way ‘‘(a) IN GENERAL.—The Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native, locally-appropriate grasses and wildflowers, including milkweed. ‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to receive a grant under this section is— ‘‘(1) a State department of transportation; ‘‘(2) an Indian tribe; or ‘‘(3) a Federal land management agency. ‘‘(c) APPLICATION.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an applica- tion at such time, in such manner, and containing such information as the Secretary may require, including a pollinator-friendly prac- tices plan described in subsection (d). ‘‘(d) POLLINATOR-FRIENDLY PRACTICES PLAN.— H. R. 3684—183 ‘‘(1) IN GENERAL.—An eligible entity shall include in the application under subsection (c) a plan that describes the polli- nator-friendly practices that the eligible entity has implemented or plans to implement, including— ‘‘(A) practices relating to mowing strategies that pro- mote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of-way, such as— ‘‘(i) reducing the mowing swath outside of the State-designated safety zone; ‘‘(ii) increasing the mowing height; ‘‘(iii) reducing the mowing frequency; ‘‘(iv) refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; ‘‘(v) use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing; or ‘‘(vi) reducing raking along roadsides and highway rights-of-way; ‘‘(B) implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal, targeted and judicious use of herbicides, and mowing, to address weed issues on roadsides and highway rights-of-way; ‘‘(C) planting or seeding of native, locally-appropriate grasses and wildflowers, including milkweed, on roadsides and highway rights-of-way to enhance pollinator habitat, including larval host plants; ‘‘(D) removing nonnative grasses from planting and seeding mixes, except for use as nurse or cover crops; ‘‘(E) obtaining expert training or assistance on polli- nator-friendly practices, including— ‘‘(i) native plant identification; ‘‘(ii) establishment and management of locally- appropriate native plants that benefit pollinators; ‘‘(iii) land management practices that benefit polli- nators; and ‘‘(iv) pollinator-focused integrated vegetation management; or ‘‘(F) any other pollinator-friendly practices the Sec- retary determines to be appropriate. ‘‘(2) COORDINATION.—In developing a plan under paragraph (1), an eligible entity that is a State department of transpor- tation or a Federal land management agency shall coordinate with applicable State agencies, including State agencies with jurisdiction over agriculture and fish and wildlife. ‘‘(3) CONSULTATION.—In developing a plan under paragraph (1)— ‘‘(A) an eligible entity that is a State department of transportation or a Federal land management agency shall consult with affected or interested Indian tribes; and ‘‘(B) any eligible entity may consult with nonprofit organizations, institutions of higher education, metropoli- tan planning organizations, and any other relevant entities. ‘‘(e) AWARD OF GRANTS.— H. R. 3684—184 ‘‘(1) IN GENERAL.—The Secretary shall provide a grant to each eligible entity that submits an application under sub- section (c), including a plan under subsection (d), that the Secretary determines to be satisfactory. ‘‘(2) AMOUNT OF GRANTS.—The amount of a grant under this section— ‘‘(A) shall be based on the number of pollinator-friendly practices the eligible entity has implemented or plans to implement; and ‘‘(B) shall not exceed $150,000. ‘‘(f) USE OF FUNDS.—An eligible entity that receives a grant under this section shall use the funds for the implementation, improvement, or further development of the plan under subsection (d). ‘‘(g) FEDERAL SHARE.—The Federal share of the cost of an activity carried out with a grant under this section shall be 100 percent. ‘‘(h) BEST PRACTICES.—The Secretary shall develop and make available to eligible entities best practices for, and a priority ranking of, pollinator-friendly practices on roadsides and highway rights- of-way. ‘‘(i) TECHNICAL ASSISTANCE.—On request of an eligible entity that receives a grant under this section, the Secretary shall provide technical assistance with the implementation, improvement, or fur- ther development of a plan under subsection (d). ‘‘(j) ADMINISTRATIVE COSTS.—For each fiscal year, the Secretary may use not more than 2 percent of the amounts made available to carry out this section for the administrative costs of carrying out this section. ‘‘(k) REPORT.—Not later than 1 year after the date on which the first grant is provided under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of the program under this section. ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026. ‘‘(2) AVAILABILITY.—Amounts made available under this section shall remain available for a period of 3 years after the last day of the fiscal year for which the funds are author- ized.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title 23, United States Code (as amended by section 11309(b)), is amended by adding at the end the following: ‘‘332. Pollinator-friendly practices on roadsides and highway rights-of-way.’’. SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM. (a) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transpor- tation network or active transportation spine. (b) APPLICATION.— H. R. 3684—185 (1) IN GENERAL.—To be eligible to receive a grant under this section, an eligible organization shall submit to the Sec- retary an application in such manner and containing such information as the Secretary may require. (2) ELIGIBLE PROJECTS PARTIALLY ON FEDERAL LAND.—With respect to an application for an eligible project that is located in part on Federal land, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1). (c) APPLICATION CONSIDERATIONS.—In making a grant for construction of an active transportation network or active transpor- tation spine under this section, the Secretary shall consider the following: (1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans— (A) to create an active transportation network con- necting destinations within or between communities, including schools, workplaces, residences, businesses, recre- ation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and (B) to integrate active transportation facilities with transit services, where available, to improve access to public transportation. (2) Whether the eligible organization demonstrates broad community support through— (A) the use of public input in the development of transportation plans; and (B) the commitment of community leaders to the suc- cess and timely implementation of an eligible project. (3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization dem- onstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2). (5) The extent to which the eligible organization dem- onstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and disadvantaged communities. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destina- tions, economic competitiveness, environmental protection, and quality of life. (d) USE OF FUNDS.— (1) IN GENERAL.—Of the amounts made available to carry out this section and subject to paragraphs (2) and (3), the Secretary shall obligate— H. R. 3684—186 (A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and (B) not less than 30 percent to eligible projects that construct active transportation spines. (2) PLANNING AND DESIGN GRANTS.—Each fiscal year, the Secretary shall set aside not less than $3,000,000 of the funds made available to carry out this section to provide planning grants for eligible organizations to develop plans for active transportation networks and active transportation spines. (3) ADMINISTRATIVE COSTS.—Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of adminis- tration, research, technical assistance, communications, and training activities under the program. (4) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection prohibits an eligible organization from receiving research or other funds under title 23 or 49, United States Code. (e) GRANT TIMING.— (1) REQUEST FOR APPLICATION.—Not later than 30 days after funds are made available to carry out this section for a fiscal year, the Secretary shall publish in the Federal Register a request for applications for grants under this section for that fiscal year. (2) SELECTION OF GRANT RECIPIENTS.—Not later than 150 days after funds are made available to carry out this section for a fiscal year, the Secretary shall select grant recipients of grants under this section for that fiscal year. (f) FEDERAL SHARE.— (1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant under this section shall not exceed 80 percent of the total project cost. (2) EXCEPTION FOR DISADVANTAGED COMMUNITIES.—For eligible projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the eligible project, the Secretary may increase the Federal share of the cost of the eligible project up to 100 percent of the total project cost. (g) ASSISTANCE TO INDIAN TRIBES.—In carrying out this section, the Secretary may enter into grant agreements, self-determination contracts, and self-governance compacts under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) with Indian tribes that are eligible organizations, and such agreements, contracts, and compacts shall be administered in accordance with that Act. (h) REPORTS.— (1) INTERIM REPORT.—Not later than September 30, 2024, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (2) FINAL REPORT.—Not later than September 30, 2026, the Secretary shall submit to Congress a report containing the information described in paragraph (3). H. R. 3684—187 (3) REPORT INFORMATION.—A report submitted under this subsection shall contain the following, with respect to the period covered by the applicable report: (A) A list of grants made under this section. (B) Best practices of eligible organizations that receive grants under this section in implementing eligible projects. (C) Impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation. (i) RULE REQUIRED.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion, expe- dited procurement techniques, and other best practices to facilitate productive and timely expenditures for eligible projects that are small, low-impact, and constructed within an existing built environ- ment. (j) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. (2) AVAILABILITY.—The amounts made available to carry out this section shall remain available until expended. (k) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (l) DEFINITIONS.—In this section: (1) ACTIVE TRANSPORTATION.—The term ‘‘active transpor- tation’’ means mobility options powered primarily by human energy, including bicycling and walking. (2) ACTIVE TRANSPORTATION NETWORK.—The term ‘‘active transportation network’’ means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect between destinations within a community or metropolitan region. (3) ACTIVE TRANSPORTATION SPINE.—The term ‘‘active transportation spine’’ means facilities built for active transpor- tation, including sidewalks, bikeways, and pedestrian and bicycle trails that connect between communities, metropolitan regions, or States. (4) COMMUNITY.—The term ‘‘community’’ means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligible organiza- tion’’ means— (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multicounty special district; (C) a State; (D) a multistate group of governments; or (E) an Indian tribe. (6) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means an active transportation project or group of projects— (A) within or between a community or group of commu- nities, at least one of which falls within the jurisdiction H. R. 3684—188 of an eligible organization, which has submitted an applica- tion under this section; and (B) that has— (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000. (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (8) TOTAL PROJECT COST.—The term ‘‘total project cost’’ means the sum total of all costs incurred in the development of an eligible project that are approved by the Secretary as reasonable and necessary, including— (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the eligible project; (E) the cost of studies, surveys, plans, permits, insur- ance, interest, financing, tax, and assessments; (F) the cost of construction, rehabilitation, reconstruc- tion, and equipping the eligible project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and (J) any other cost that the Secretary determines is necessary and reasonable. SEC. 11530. HIGHWAY COST ALLOCATION STUDY. (a) IN GENERAL.—Not later than 4 years after the date of enactment of this Act, the Secretary, in coordination with State departments of transportation, shall carry out a highway cost alloca- tion study to determine the direct costs of highway use by various types of users. (b) INCLUSIONS.—The study under subsection (a) shall include an examination of— (1) the Federal costs occasioned in the design, construction, rehabilitation, and maintenance of Federal-aid highways by— (A) the use of vehicles of different dimensions, weights, number of axles, and other specifications; and (B) the frequency of those vehicles in the traffic stream; (2) the safety-, emissions-, congestion-, and noise-related costs of highway use by various types of users, and other costs as determined by the Secretary; and (3) the proportionate share of the costs described in para- graph (1) that are attributable to each class of highway users. (c) REQUIREMENTS.—In carrying out the study under subsection (a), the Secretary shall— (1) ensure that the study examines only direct costs of highway use; (2) capture the various driving conditions in different geographic areas of the United States; H. R. 3684—189 (3) to the maximum extent practicable, distinguish between costs directly occasioned by a highway user class and costs occasioned by all highway user classes; and (4) compare the costs occasioned by various highway user classes with the user fee revenue contributed to the Highway Trust Fund by those highway user classes. (d) REPORTS.— (1) INTERIM REPORTS.—Not less frequently than annually during the period during which the Secretary is carrying out the study under subsection (a), the Secretary shall submit to Congress an interim report on the progress of the study. (2) FINAL REPORT.—On completion of the study under sub- section (a), the Secretary shall submit to Congress a final report on the results of the study, including the recommenda- tions under subsection (e). (e) RECOMMENDATIONS.—On completion of the study under sub- section (a), the Secretary, in coordination with the Secretary of the Treasury, shall develop recommendations for a set of revenue options to fully cover the costs occasioned by highway users, including recommendations for— (1) changes to existing revenue streams; and (2) new revenue streams based on user fees. TITLE II—TRANSPORTATION INFRA- STRUCTURE FINANCE AND INNOVA- TION SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 1998 AMENDMENTS. (a) DEFINITIONS.—Section 601(a) of title 23, United States Code, is amended— (1) in subparagraph (E) of paragraph (10), by striking ‘‘3 years’’ and inserting ‘‘5 years’’; and (2) in paragraph (12)— (A) by striking subparagraph (E) and inserting the following: ‘‘(E) a project to improve or construct public infrastruc- ture— ‘‘(i) that— ‘‘(I) is located within walking distance of, and accessible to, a fixed guideway transit facility, pas- senger rail station, intercity bus station, or inter- modal facility, including a transportation, public utility, or capital project described in section 5302(3)(G)(v) of title 49, and related infrastructure; or ‘‘(II) is a project for economic development, including commercial and residential development, and related infrastructure and activities— ‘‘(aa) that incorporates private investment; ‘‘(bb) that is physically or functionally related to a passenger rail station or multimodal station that includes rail service; H. R. 3684—190 ‘‘(cc) for which the project sponsor has a high probability of commencing the con- tracting process for construction by not later than 90 days after the date on which credit assistance under the TIFIA program is pro- vided for the project; and ‘‘(dd) that has a high probability of reducing the need for financial assistance under any other Federal program for the rel- evant passenger rail station or service by increasing ridership, tenant lease payments, or other activities that generate revenue exceeding costs; and ‘‘(ii) for which, by not later than September 30, 2026, the Secretary has— ‘‘(I) received a letter of interest; and ‘‘(II) determined that the project is eligible for assistance;’’; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(G) an eligible airport-related project (as defined in section 40117(a) of title 49) for which, not later than Sep- tember 30, 2025, the Secretary has— ‘‘(i) received a letter of interest; and ‘‘(ii) determined that the project is eligible for assistance; and ‘‘(H) a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that— ‘‘(i) has been approved by the Secretary of the Interior pursuant to section 10 of the Endangered Spe- cies Act of 1973 (16 U.S.C. 1539); and ‘‘(ii) in the judgment of the Secretary, would miti- gate the environmental impacts of transportation infra- structure projects otherwise eligible for assistance under this title.’’. (b) ELIGIBILITY.—Section 602(a)(2) of title 23, United States Code, is amended— (1) in subparagraph (A)(iv)— (A) by striking ‘‘a rating’’ and inserting ‘‘an investment- grade rating’’; and (B) by striking ‘‘$75,000,000’’ and inserting ‘‘$150,000,000’’; and (2) in subparagraph (B)— (A) by striking ‘‘the senior debt’’ and inserting ‘‘senior debt’’; and (B) by striking ‘‘credit instrument is for an amount less than $75,000,000’’ and inserting ‘‘total amount of other senior debt and the Federal credit instrument is less than $150,000,000’’. (c) FEDERAL REQUIREMENTS.—Section 602(c)(1) of title 23, United States Code, is amended in the matter preceding subpara- graph (A) by striking ‘‘and the requirements of section 5333(a) of title 49 for rail projects,’’ and inserting ‘‘the requirements of section 5333(a) of title 49 for rail projects, and the requirements of sections 47112(b) and 50101 of title 49 for airport-related projects,’’. H. R. 3684—191 (d) PROCESSING TIMELINES.—Section 602(d) of title 23, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) in paragraph (3) (as so redesignated), by striking ‘‘para- graph (1)’’ and inserting ‘‘paragraph (2)’’; and (3) by inserting before paragraph (2) (as so redesignated) the following: ‘‘(1) PROCESSING TIMELINES.—Except in the case of an application described in subsection (a)(8) and to the maximum extent practicable, the Secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant, which, to the maximum extent practicable, the Secretary shall endeavor to complete by not later than 150 days after the date on which the applicant submits a letter of interest to the Secretary.’’. (e) MATURITY DATE OF CERTAIN SECURED LOANS.—Section 603(b)(5) of title 23, United States Code, is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subpara- graphs (B) and (C)’’; and (2) by adding at the end the following: ‘‘(C) LONG LIVED ASSETS.—In the case of a capital asset with an estimated life of more than 50 years, the final maturity date of the secured loan shall be the lesser of— ‘‘(i) 75 years after the date of substantial comple- tion of the project; or ‘‘(ii) 75 percent of the estimated useful life of the capital asset.’’. (f) SECURED LOANS.—Section 603(c)(4)(A) of title 23, United States Code, is amended— (1) by striking ‘‘Any excess’’ and inserting the following: ‘‘(i) IN GENERAL.—Except as provided in clause (ii), any excess’’; and (2) by adding at the end the following: ‘‘(ii) CERTAIN APPLICANTS.—In the case of a secured loan or other secured Federal credit instrument pro- vided after the date of enactment of the Surface Transportation Reauthorization Act of 2021, if the obligor is a governmental entity, agency, or instrumen- tality, the obligor shall not be required to prepay the secured loan or other secured Federal credit instrument with any excess revenues described in clause (i) if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title 49.’’. (g) TECHNICAL AMENDMENT.—Section 602(e) of title 23, United States Code, is amended by striking ‘‘section 601(a)(1)(A)’’ and inserting ‘‘section 601(a)(2)(A)’’. (h) STREAMLINED APPLICATION PROCESS.—Section 603(f) of title 23, United States Code, is amended by adding at the end the following: ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECISIONS.— ‘‘(A) IN GENERAL.—Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet— H. R. 3684—192 ‘‘(i) the terms under paragraph (2); and ‘‘(ii) the additional criteria described in subpara- graph (B). ‘‘(B) ADDITIONAL CRITERIA.—The additional criteria referred to in subparagraph (A)(ii) are the following: ‘‘(i) The secured loan is made on terms and condi- tions that substantially conform to the conventional terms and conditions established by the National Sur- face Transportation Innovative Finance Bureau. ‘‘(ii) The secured loan is rated in the A category or higher. ‘‘(iii) The TIFIA program share of eligible project costs is 33 percent or less. ‘‘(iv) The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program. ‘‘(v) The project has received a categorical exclu- sion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(C) WRITTEN NOTICE.—The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Sur- face Transportation Innovative Finance Bureau has com- menced the creditworthiness review of the project.’’. (i) FUNDING.— (1) IN GENERAL.—Section 608(a) of title 23, United States Code, is amended— (A) by redesignating paragraphs (4) and (5) as para- graphs (5) and (6), respectively; (B) by inserting after paragraph (3) the following: ‘‘(4) LIMITATION FOR CERTAIN PROJECTS.— ‘‘(A) TRANSIT-ORIENTED DEVELOPMENT PROJECTS.—For each fiscal year, the Secretary may use to carry out projects described in section 601(a)(12)(E) not more than 15 percent of the amounts made available to carry out the TIFIA program for that fiscal year. ‘‘(B) AIRPORT-RELATED PROJECTS.—The Secretary may use to carry out projects described in section 601(a)(12)(G)— ‘‘(i) for each fiscal year, not more than 15 percent of the amounts made available to carry out the TIFIA program under the Surface Transportation Reauthor- ization Act of 2021 for that fiscal year; and ‘‘(ii) for the period of fiscal years 2022 through 2026, not more than 15 percent of the unobligated carryover balances (as of October 1, 2021).’’; and (C) by striking paragraph (6) (as so redesignated) and inserting the following: ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts made avail- able to carry out the TIFIA program, the Secretary may use H. R. 3684—193 not more than $10,000,000 for each of fiscal years 2022 through 2026 for the administration of the TIFIA program.’’. (2) CONFORMING AMENDMENT.—Section 605(f)(1) of title 23, United States Code, is amended by striking ‘‘section 608(a)(5)’’ and inserting ‘‘section 608(a)(6)’’. (j) STATUS REPORTS.—Section 609 of title 23, United States Code, is amended by adding at the end the following: ‘‘(c) STATUS REPORTS.— ‘‘(1) IN GENERAL.—The Secretary shall publish on the website for the TIFIA program— ‘‘(A) on a monthly basis, a current status report on all submitted letters of interest and applications received for assistance under the TIFIA program; and ‘‘(B) on a quarterly basis, a current status report on all approved applications for assistance under the TIFIA program. ‘‘(2) INCLUSIONS.—Each monthly and quarterly status report under paragraph (1) shall include, at a minimum, with respect to each project included in the status report— ‘‘(A) the name of the party submitting the letter of interest or application; ‘‘(B) the name of the project; ‘‘(C) the date on which the letter of interest or applica- tion was received; ‘‘(D) the estimated project eligible costs; ‘‘(E) the type of credit assistance sought; and ‘‘(F) the anticipated fiscal year and quarter for closing of the credit assistance.’’. (k) STATE INFRASTRUCTURE BANK PROGRAM.—Section 610 of title 23, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)(A), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’; (B) in paragraph (2), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’; and (C) in paragraph (3), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’; and (2) in subsection (k), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’. (l) REPORT.—Not later than September 30, 2025, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report on the impact of the amendment relating to airport-related projects under subsection (a)(2)(C) and subsection (i)(1)(B), including— (1) information on the use of TIFIA program (as defined in section 601(a) of title 23, United States Code) funds for eligible airport-related projects (as defined in section 40117(a) of title 49, United States Code); and (2) recommendations for modifications to the TIFIA pro- gram. H. R. 3684—194 SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT SELECTION. (a) IN GENERAL.—Section 602(c) of title 23, United States Code, is amended by adding at the end the following: ‘‘(3) PAYMENT AND PERFORMANCE SECURITY.— ‘‘(A) IN GENERAL.—The Secretary shall ensure that the design and construction of a project carried out with assist- ance under the TIFIA program shall have appropriate pay- ment and performance security, regardless of whether the obligor is a State, local government, agency or instrumen- tality of a State or local government, public authority, or private party. ‘‘(B) WRITTEN DETERMINATION.—If payment and performance security is required to be furnished by applicable State or local statute or regulation, the Secretary may accept such payment and performance security requirements applicable to the obligor if the Federal interest with respect to Federal funds and other project risk related to design and construction is adequately pro- tected. ‘‘(C) NO DETERMINATION OR APPLICABLE REQUIRE- MENTS.—If there are no payment and performance security requirements applicable to the obligor, the security under section 3131(b) of title 40 or an equivalent State or local requirement, as determined by the Secretary, shall be required.’’. (b) APPLICABILITY.—The amendments made by this section shall apply with respect to any agreement for credit assistance entered into on or after the date of enactment of this Act. TITLE III—RESEARCH, TECHNOLOGY, AND EDUCATION SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COLLECTION. (a) IN GENERAL.—The Secretary shall establish a program to test the feasibility of a road usage fee and other user-based alter- native revenue mechanisms (referred to in this section as ‘‘user- based alternative revenue mechanisms’’) to help maintain the long- term solvency of the Highway Trust Fund, through pilot projects at the State, local, and regional level. (b) GRANTS.— (1) IN GENERAL.—The Secretary shall provide grants to eligible entities to carry out pilot projects under this section. (2) APPLICATIONS.—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) OBJECTIVES.—The Secretary shall ensure that, in the aggregate, the pilot projects carried out using funds provided under this section meet the following objectives: (A) To test the design, acceptance, equity, and implementation of user-based alternative revenue mecha- nisms, including among— (i) differing income groups; and (ii) rural and urban drivers, as applicable. H. R. 3684—195 (B) To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms. (C) To quantify and minimize the administrative costs of any potential user-based alternative revenue mecha- nisms. (D) To test a variety of solutions, including the use of independent and private third-party vendors, for the collection of data and fees from user-based alternative rev- enue mechanisms, including the reliability and security of those solutions and vendors. (E) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user- based alternative revenue mechanism. (F) To conduct public education and outreach to increase public awareness regarding the need for user- based alternative revenue mechanisms for surface transpor- tation programs. (G) To evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system. (H) To ensure, to the greatest extent practicable, the use of innovation. (I) To consider, to the greatest extent practicable, the potential for revenue collection along a network of alter- native fueling stations. (J) To evaluate the impacts of the imposition of a user-based alternative revenue mechanism on— (i) transportation revenues; (ii) personal mobility, driving patterns, congestion, and transportation costs; and (iii) freight movement and costs. (K) To evaluate options for the integration of a user- based alternative revenue mechanism with— (i) nationwide transportation revenue collections and regulations; (ii) toll revenue collection platforms; (iii) transportation network company fees; and (iv) any other relevant transportation revenue mechanisms. (4) ELIGIBLE ENTITY.—An entity eligible to apply for a grant under this section is— (A) a State or a group of States; (B) a local government or a group of local governments; or (C) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code) or a group of metropolitan planning organizations. (5) USE OF FUNDS.—An eligible entity that receives a grant under this section shall use the grant to carry out a pilot project to address 1 or more of the objectives described in paragraph (3). (6) CONSIDERATION.—The Secretary shall consider geographic diversity in awarding grants under this subsection. (7) FEDERAL SHARE.—The Federal share of the cost of a pilot project carried out under this section may not exceed— H. R. 3684—196 (A) 80 percent of the total cost of a project carried out by an eligible entity that has not otherwise received a grant under this section; and (B) 70 percent of the total cost of a project carried out by an eligible entity that has received at least 1 grant under this section. (c) LIMITATION ON REVENUE COLLECTED.—Any revenue col- lected through a user-based alternative revenue mechanism estab- lished using funds provided under this section shall not be consid- ered a toll under section 301 of title 23, United States Code. (d) RECOMMENDATIONS AND REPORT.—Not later than 3 years after the date of enactment of this Act, the Secretary, in coordina- tion with the Secretary of the Treasury and the Federal System Funding Alternative Advisory Board established under section 13002(g)(1), shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) summarizes the results of the pilot projects under this section and the national pilot program under section 13002; and (2) provides recommendations, if applicable, to enable potential implementation of a nationwide user-based alternative revenue mechanism. (e) FUNDING.— (1) IN GENERAL.—Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $15,000,000 shall be used for pilot projects under this section. (2) FLEXIBILITY.—If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applica- tions to meet the requirements of this section for that fiscal year, the Secretary shall transfer to the national pilot program under section 13002 or to the highway research and develop- ment program under section 503(b) of title 23, United States Code— (A) any funds reserved for a fiscal year under para- graph (1) that the Secretary has not yet awarded under this section; and (B) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subparagraph (A). (f) REPEAL.— (1) IN GENERAL.—Section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114–94) is repealed. (2) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1312) is amended by striking the item relating to section 6020. SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT. (a) DEFINITIONS.—In this section: (1) ADVISORY BOARD.—The term ‘‘advisory board’’ means the Federal System Funding Alternative Advisory Board estab- lished under subsection (g)(1). (2) COMMERCIAL VEHICLE.—The term ‘‘commercial vehicle’’ has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code. H. R. 3684—197 (3) HIGHWAY TRUST FUND.—The term ‘‘Highway Trust Fund’’ means the Highway Trust Fund established under sec- tion 9503 of the Internal Revenue Code of 1986. (4) LIGHT TRUCK.—The term ‘‘light truck’’ has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations). (5) MEDIUM- AND HEAVY-DUTY TRUCK.—The term ‘‘medium- and heavy-duty truck’’ has the meaning given the term ‘‘commercial medium- and heavy-duty on-highway vehicle’’ in section 32901(a) of title 49, United States Code. (6) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger motor vehicle’’ has the meaning given the term in section 32101 of title 49, United States Code. (7) PER-MILE USER FEE.—The term ‘‘per-mile user fee’’ means a revenue mechanism that— (A) is applied to road users operating motor vehicles on the surface transportation system; and (B) is based on the number of vehicle miles traveled by an individual road user. (8) PILOT PROGRAM.—The term ‘‘pilot program’’ means the pilot program established under subsection (b)(1). (9) VOLUNTEER PARTICIPANT.—The term ‘‘volunteer partici- pant’’ means— (A) an owner or lessee of a private, personal motor vehicle who volunteers to participate in the pilot program; (B) a commercial vehicle operator who volunteers to participate in the pilot program; or (C) an owner of a motor vehicle fleet who volunteers to participate in the pilot program. (b) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary, in coordination with the Secretary of the Treasury, and consistent with the recommenda- tions of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee— (A) to restore and maintain the long-term solvency of the Highway Trust Fund; and (B) to improve and maintain the surface transportation system. (2) OBJECTIVES.—The objectives of the pilot program are— (A) to test the design, acceptance, implementation, and financial sustainability of a national motor vehicle per- mile user fee; (B) to address the need for additional revenue for sur- face transportation infrastructure and a national motor vehicle per-mile user fee; and (C) to provide recommendations relating to the adop- tion and implementation of a national motor vehicle per- mile user fee. (c) PARAMETERS.—In carrying out the pilot program, the Sec- retary, in coordination with the Secretary of the Treasury, shall— (1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled; (2) solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; (3) ensure an equitable geographic distribution by popu- lation among volunteer participants; H. R. 3684—198 (4) include commercial vehicles and passenger motor vehicles; and (5) use components of and, where appropriate, coordinate with— (A) the States that received a grant under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enact- ment of this Act); and (B) eligible entities that received a grant under section 13001. (d) METHODS.— (1) TOOLS.—In selecting the methods described in sub- section (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools: (A) Third-party on-board diagnostic (OBD-II) devices. (B) Smart phone applications. (C) Telemetric data collected by automakers. (D) Motor vehicle data obtained by car insurance companies. (E) Data from the States that received a grant under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act). (F) Motor vehicle data obtained from fueling stations. (G) Any other method that the Secretary considers appropriate. (2) COORDINATION.— (A) SELECTION.—The Secretary shall determine which collection tools under paragraph (1) are selected for the pilot program. (B) VOLUNTEER PARTICIPANTS.—In a manner that the Secretary considers appropriate, the Secretary shall enable each volunteer participant to choose 1 of the selected collec- tion tools under paragraph (1). (e) MOTOR VEHICLE PER-MILE USER FEES.—For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect esti- mated impacts on infrastructure, safety, congestion, the environ- ment, or other related social impacts. (f) VOLUNTEER PARTICIPANTS.—The Secretary, in coordination with the Secretary of the Treasury, shall— (1)(A) ensure, to the extent practicable, that the greatest number of volunteer participants participate in the pilot pro- gram; and (B) ensure that such volunteer participants represent geo- graphically diverse regions of the United States, including from urban and rural areas; and (2) issue policies relating to the protection of volunteer participants, including policies that— (A) protect the privacy of volunteer participants; and (B) secure the data provided by volunteer participants. (g) FEDERAL SYSTEM FUNDING ALTERNATIVE ADVISORY BOARD.— H. R. 3684—199 (1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory board, to be known as the ‘‘Federal System Funding Alternative Advisory Board’’, to assist with— (A) providing the Secretary with recommendations related to the structure, scope, and methodology for devel- oping and implementing the pilot program; (B) carrying out the public awareness campaign under subsection (h); and (C) developing the report under subsection (n). (2) MEMBERSHIP.—The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary: (A) State departments of transportation. (B) Any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act). (C) Representatives of the trucking industry, including owner-operator independent drivers. (D) Data security experts with expertise in personal privacy. (E) Academic experts on surface transportation sys- tems. (F) Consumer advocates, including privacy experts. (G) Advocacy groups focused on equity. (H) Owners of motor vehicle fleets. (I) Owners and operators of toll facilities. (J) Tribal groups or representatives. (K) Any other representatives or entities, as deter- mined appropriate by the Secretary. (3) RECOMMENDATIONS.—Not later than 1 year after the date on which the advisory board is established under para- graph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph (A) of that paragraph, which the Secretary shall use in implementing the pilot program. (h) PUBLIC AWARENESS CAMPAIGN.— (1) IN GENERAL.—The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information— (A) related to the pilot program; (B) from the State surface transportation system funding alternatives pilot program under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114–94) (as in effect on the day before the date of enactment of this Act); and (C) related to consumer privacy. (2) CONSIDERATIONS.—In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State. (i) REVENUE COLLECTION.—The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection (e) from volunteer participants, which— H. R. 3684—200 (1) may be adjusted as needed to address technical chal- lenges; and (2) may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the Treasury. (j) AGREEMENT.—The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program. (k) LIMITATION.—Any revenue collected through the mechanism established under subsection (i) shall not be considered a toll under section 301 of title 23, United States Code. (l) HIGHWAY TRUST FUND.—The Secretary of the Treasury shall ensure that any revenue collected under subsection (i) is deposited into the Highway Trust Fund. (m) PAYMENT.—Not more than 60 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall estimate an amount of payment for each volunteer based on the vehicle miles submitted by the volunteer for the calendar quarter and issue such payment to such volunteer participant. (n) REPORT TO CONGRESS.—Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report that includes an analysis of— (1) whether the objectives described in subsection (b)(2) were achieved; (2) how volunteer participant protections in subsection (f)(2) were complied with; (3) whether motor vehicle per-mile user fees can maintain the long-term solvency of the Highway Trust Fund and improve and maintain the surface transportation system, which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees; (4) how the privacy of volunteers was maintained; and (5) equity impacts of the pilot program, including the impacts of the pilot program on low-income commuters. (o) FUNDING.— (1) IN GENERAL.—Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $10,000,000 shall be used to carry out the pilot program under this section. (2) EXCESS FUNDS.—Any excess funds remaining after car- rying out the pilot program under this section shall be available to make grants for pilot projects under section 13001. SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM. Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law 114–94) is amended by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’. H. R. 3684—201 SEC. 13004. DATA INTEGRATION PILOT PROGRAM. (a) ESTABLISHMENT.—The Secretary shall establish a pilot pro- gram— (1) to provide research and develop models that integrate, in near-real-time, data from multiple sources, including geolocated— (A) weather conditions; (B) roadway conditions; (C) incidents, work zones, and other nonrecurring events related to emergency planning; and (D) information from emergency responders; and (2) to facilitate data integration between the Department, the National Weather Service, and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events, including, at a minimum— (A) winter weather; (B) heavy rainfall; and (C) tropical weather events. (b) REQUIREMENTS.—In carrying out subsection (a)(1), the Sec- retary shall— (1) address the safety, resiliency, and vulnerability of the transportation system to disasters; and (2) develop tools for decisionmakers and other end-users who could use or benefit from the integrated data described in that subsection to improve public safety and mobility. (c) TREATMENT.—Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if— (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2022 through 2026, to remain available until expended. SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM. (a) ESTABLISHMENT.—The Secretary shall establish a pilot pro- gram to conduct emerging technology research in accordance with this section. (b) ACTIVITIES.—The pilot program under this section shall include— (1) research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure; and (2) research and development activities (including labora- tory and test track supported accelerated pavement testing research regarding the impacts of connected, autonomous, and platooned vehicles on pavement and infrastructure perform- ance)— (A) to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance; and H. R. 3684—202 (B) to improve transportation infrastructure design in anticipation of increased usage of automated driving sys- tems and advanced driver-assistance systems. (c) TREATMENT.—Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if— (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT. (a) IN GENERAL.—Section 503 of title 23, United States Code, is amended— (1) in subsection (a)(2), by striking ‘‘section 508’’ and inserting ‘‘section 6503 of title 49’’; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (C), by striking ‘‘and’’ at the end; (ii) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ‘‘(E) engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness; and ‘‘(F) consult frequently with public and private entities on new transportation technologies.’’; (B) in paragraph (2)(C)— (i) by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively; and (ii) by inserting after clause (ix) the following: ‘‘(x) safety measures to reduce the number of wild- life-vehicle collisions;’’; (C) in paragraph (3)— (i) in subparagraph (B)(viii), by inserting ‘‘, including weather,’’ after ‘‘events’’; and (ii) in subparagraph (C)— (I) in clause (xv), by inserting ‘‘extreme weather events and’’ after ‘‘withstand’’; (II) in clause (xviii), by striking ‘‘and’’ at the end; (III) in clause (xix), by striking the period at the end and inserting ‘‘; and’’; and (IV) by adding at the end the following: ‘‘(xx) studies on the deployment and revenue poten- tial of the deployment of energy and broadband infra- structure in highway rights-of-way, including potential adverse impacts of the use or nonuse of those rights- of-way.’’; (D) in paragraph (6)— H. R. 3684—203 (i) in subparagraph (A), by striking ‘‘and’’ at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and (iii) by adding at the end the following: ‘‘(C) to support research on non-market-ready tech- nologies in consultation with public and private entities.’’; (E) in paragraph (7)(B)— (i) in the matter preceding clause (i), by inserting ‘‘innovations by leading’’ after ‘‘support’’; (ii) in clause (iii), by striking ‘‘and’’ at the end; (iii) in clause (iv), by striking the period at the end and inserting ‘‘; and’’; and (iv) by adding at the end the following: ‘‘(v) the evaluation of information from accelerated market readiness efforts, including non-market-ready technologies, in consultation with other offices of the Federal Highway Administration, the National High- way Traffic Safety Administration, and other key part- ners.’’; (F) in paragraph (8)(A), by striking ‘‘future highway’’ and all that follows through ‘‘needs.’’ and inserting the following: ‘‘current conditions and future needs of highways, bridges, and tunnels of the United States, including— ‘‘(i) the conditions and performance of the highway network for freight movement; ‘‘(ii) intelligent transportation systems; ‘‘(iii) resilience needs; and ‘‘(iv) the backlog of current highway, bridge, and tunnel needs.’’; and (G) by adding at the end the following: ‘‘(9) ANALYSIS TOOLS.—The Secretary may develop inter- active modeling tools and databases that— ‘‘(A) track the full condition of highway assets, including interchanges, and the reconstruction history of those assets; ‘‘(B) can be used to assess transportation options; ‘‘(C) allow for the monitoring and modeling of network- level traffic flows on highways; and ‘‘(D) further Federal and State understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes.’’; and (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting ‘‘use of rights-of-way permissible under applicable law,’’ after ‘‘structures,’’; (ii) in subparagraph (D), by striking ‘‘and’’ at the end; (iii) in subparagraph (E), by striking the period at the end and inserting ‘‘; and’’; and (iv) by adding at the end the following: ‘‘(F) disseminating and evaluating information from accelerated market readiness efforts, including non-market- ready technologies, to public and private entities.’’; H. R. 3684—204 (B) in paragraph (2)— (i) in subparagraph (B)(iii), by striking ‘‘improved tools and methods to accelerate the adoption’’ and inserting ‘‘and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Sec- retary determines to be appropriate, support continued implementation’’; and (ii) by adding at the end the following: ‘‘(D) REPORT.—Not later than 2 years after the date of enactment of this subparagraph and every 2 years there- after, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives and make publicly available on an inter- net website a report that describes— ‘‘(i) the activities the Secretary has undertaken to carry out the program established under paragraph (1); and ‘‘(ii) how and to what extent the Secretary has worked to disseminate non-market-ready technologies to public and private entities.’’; (C) in paragraph (3)— (i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (ii) by inserting after subparagraph (B) the fol- lowing: ‘‘(C) HIGH-FRICTION SURFACE TREATMENT APPLICATION STUDY.— ‘‘(i) DEFINITION OF INSTITUTION.—In this subpara- graph, the term ‘institution’ means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements. ‘‘(ii) STUDY.—The Secretary shall seek to enter into an agreement with an institution to carry out a study on the use of natural and synthetic calcined bauxite as a high-friction surface treatment application on pavement. ‘‘(iii) REPORT.—Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit a report on the results of the study under clause (ii) to— ‘‘(I) the Committee on Environment and Public Works of the Senate; ‘‘(II) the Committee on Transportation and Infrastructure of the House of Representatives; ‘‘(III) the Federal Highway Administration; and H. R. 3684—205 ‘‘(IV) the American Association of State High- way and Transportation Officials.’’; (iii) in subparagraph (D) (as so redesignated), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’; and (iv) in subparagraph (E) (as so redesignated)— (I) in clause (i), by striking ‘‘annually’’ and inserting ‘‘once every 3 years’’; and (II) in clause (ii)— (aa) in subclause (III), by striking ‘‘and’’ at the end; (bb) in subclause (IV), by striking the period at the end and inserting a semicolon; and (cc) by adding at the end the following: ‘‘(V) pavement monitoring and data collection practices; ‘‘(VI) pavement durability and resilience; ‘‘(VII) stormwater management; ‘‘(VIII) impacts on vehicle efficiency; ‘‘(IX) the energy efficiency of the production of paving materials and the ability of paving mate- rials to enhance the environment and promote sustainability; and ‘‘(X) integration of renewable energy in pave- ment designs.’’; and (D) by adding at the end the following: ‘‘(5) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.— ‘‘(A) IN GENERAL.—The Secretary shall establish and implement a program under the technology and innovation deployment program established under paragraph (1) to promote, implement, deploy, demonstrate, showcase, sup- port, and document the application of advanced digital construction management systems, practices, performance, and benefits. ‘‘(B) GOALS.—The goals of the accelerated implementa- tion and deployment of advanced digital construction management systems program established under subpara- graph (A) shall include— ‘‘(i) accelerated State adoption of advanced digital construction management systems applied throughout the construction lifecycle (including through the design and engineering, construction, and operations phases) that— ‘‘(I) maximize interoperability with other sys- tems, products, tools, or applications; ‘‘(II) boost productivity; ‘‘(III) manage complexity; ‘‘(IV) reduce project delays and cost overruns; and ‘‘(V) enhance safety and quality; ‘‘(ii) more timely and productive information- sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, H. R. 3684—206 procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists; ‘‘(iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state- of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision; ‘‘(iv) the development and deployment of best prac- tices for use in digital construction management; ‘‘(v) increased technology adoption and deployment by States and units of local government that enables project sponsors— ‘‘(I) to integrate the adoption of digital management systems and technologies in con- tracts; and ‘‘(II) to weigh the cost of digitization and tech- nology in setting project budgets; ‘‘(vi) technology training and workforce develop- ment to build the capabilities of project managers and sponsors that enables States and units of local govern- ment— ‘‘(I) to better manage projects using advanced construction management technologies; and ‘‘(II) to properly measure and reward tech- nology adoption across projects of the State or unit of local government; ‘‘(vii) development of guidance to assist States in updating regulations of the State to allow project spon- sors and contractors— ‘‘(I) to report data relating to the project in digital formats; and ‘‘(II) to fully capture the efficiencies and bene- fits of advanced digital construction management systems and related technologies; ‘‘(viii) reduction in the environmental footprint of construction projects using advanced digital construc- tion management systems resulting from elimination of congestion through more efficient projects; and ‘‘(ix) enhanced worker and pedestrian safety resulting from increased transparency. ‘‘(C) FUNDING.—For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made avail- able to carry out this subsection $20,000,000 to accelerate the deployment and implementation of advanced digital construction management systems. ‘‘(D) PUBLICATION.— ‘‘(i) IN GENERAL.—Not less frequently than annually, the Secretary shall issue and make available to the public on a website a report on— ‘‘(I) progress made in the implementation of advanced digital management systems by States; and H. R. 3684—207 ‘‘(II) the costs and benefits of the deployment of new technology and innovations that substan- tially and directly resulted from the program established under this paragraph. ‘‘(ii) INCLUSIONS.—The report under clause (i) may include an analysis of— ‘‘(I) Federal, State, and local cost savings; ‘‘(II) project delivery time improvements; ‘‘(III) congestion impacts; and ‘‘(IV) safety improvements for roadway users and construction workers.’’. (b) ADVANCED TRANSPORTATION TECHNOLOGIES AND INNOVATIVE MOBILITY DEPLOYMENT.—Section 503(c)(4) of title 23, United States Code, is amended— (1) in the heading, by inserting ‘‘AND INNOVATIVE MOBILITY’’ before ‘‘DEPLOYMENT’’; (2) by striking subparagraph (A) and inserting the fol- lowing: ‘‘(A) IN GENERAL.—The Secretary shall provide grants to eligible entities to deploy, install, and operate advanced transportation technologies to improve safety, mobility, effi- ciency, system performance, intermodal connectivity, and infrastructure return on investment.’’; (3) in subparagraph (B)— (A) in clause (i), by striking ‘‘the enhanced use’’ and inserting ‘‘optimization’’; (B) in clause (v)— (i) by striking ‘‘transit,’’ and inserting ‘‘work zone, weather, transit, paratransit,’’; and (ii) by striking ‘‘and accessible transportation’’ and inserting ‘‘, accessible, and integrated transportation and transportation services’’; (C) by redesignating clauses (i) through (viii) as clauses (iii), (iv), (v), (vi), (vii), (ix), (x), and (xi), respectively; (D) by inserting before clause (iii) (as so redesignated) the following: ‘‘(i) improve the mobility of people and goods; ‘‘(ii) improve the durability and extend the life of transportation infrastructure;’’; (E) in clause (iv) (as so redesignated), by striking ‘‘deliver’’ and inserting ‘‘protect the environment and deliver’’; (F) by inserting after clause (vii) (as so redesignated) the following: ‘‘(viii) facilitate account-based payments for transportation access and services and integrate pay- ment systems across modes;’’; (G) in clause (x) (as so redesignated), by striking ‘‘or’’ at the end; (H) in clause (xi) (as so redesignated)— (i) by inserting ‘‘vehicle-to-pedestrian,’’ after ‘‘vehicle-to-infrastructure,’’; and (ii) by striking the period at the end and inserting ‘‘; or’’; and (I) by adding at the end the following: ‘‘(xii) incentivize travelers— H. R. 3684—208 ‘‘(I) to share trips during periods in which travel demand exceeds system capacity; or ‘‘(II) to shift trips to periods in which travel demand does not exceed system capacity.’’; (4) in subparagraph (C)— (A) in clause (i), by striking ‘‘Not later’’ and all that follows through ‘‘thereafter’’ and inserting ‘‘Each fiscal year for which funding is made available for activities under this paragraph’’; and (B) in clause (ii)— (i) in subclause (I), by inserting ‘‘mobility,’’ after ‘‘safety,’’; and (ii) in subclause (II)— (I) in item (bb), by striking ‘‘and’’ at the end; (II) in item (cc), by striking the period at the end and inserting ‘‘; and’’; and (III) by adding at the end the following: ‘‘(dd) facilitating payment for transpor- tation services.’’; (5) in subparagraph (D)— (A) in clause (i), by striking ‘‘Not later’’ and all that follows through ‘‘thereafter’’ and inserting ‘‘Each fiscal year for which funding is made available for activities under this paragraph’’; and (B) in clause (ii)— (i) by striking ‘‘In awarding’’ and inserting the following: ‘‘(I) IN GENERAL.—Subject to subclause (II), in awarding’’; and (ii) by adding at the end the following: ‘‘(II) RURAL SET-ASIDE.—Not less than 20 per- cent of the amounts made available to carry out this paragraph shall be reserved for projects serving rural areas.’’; (6) in subparagraph (E)— (A) by redesignating clauses (iii) through (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively; (B) by inserting after clause (ii) the following: ‘‘(iii) advanced transportation technologies to improve emergency evacuation and response by Fed- eral, State, and local authorities;’’; (C) by inserting after clause (viii) (as so redesignated) the following: ‘‘(ix) integrated corridor management systems; ‘‘(x) advanced parking reservation or variable pricing systems;’’; (D) in clause (xi) (as so redesignated)— (i) by inserting ‘‘, toll collection,’’ after ‘‘pricing’’; and (ii) by striking ‘‘or’’ at the end; (E) by inserting after clause (xi) (as so redesignated) the following: ‘‘(xii) technology that enhances high occupancy vehicle toll lanes, cordon pricing, or congestion pricing; ‘‘(xiii) integration of transportation service pay- ment systems;’’; (F) in clause (xiv) (as so redesignated)— H. R. 3684—209 (i) by striking ‘‘and access’’ and inserting ‘‘, access, and on-demand transportation service’’; (ii) by inserting ‘‘and other shared-use mobility applications’’ after ‘‘ridesharing’’; and (iii) by striking the period at the end and inserting a semicolon; and (G) by adding at the end the following: ‘‘(xv) retrofitting dedicated short-range commu- nications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology, subject to the condition that the retrofitted technology operates only within the existing spectrum allocations for connected vehicle systems; or ‘‘(xvi) advanced transportation technologies, in accordance with the research areas described in section 6503 of title 49.’’; (7) in subparagraph (F)(ii)(IV), by striking ‘‘efficiency and multimodal system performance’’ and inserting ‘‘mobility, effi- ciency, multimodal system performance, and payment system performance’’; (8) in subparagraph (G)— (A) by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively; and (B) by inserting after clause (v) the following: ‘‘(vi) improved integration of payment systems;’’; (9) in subparagraph (I)(i), by striking ‘‘fiscal years 2016 through 2020’’ and inserting ‘‘fiscal years 2022 through 2026’’; (10) in subparagraph (J), by striking ‘‘50’’ and inserting ‘‘80’’; and (11) in subparagraph (N)— (A) in the matter preceding clause (i), by striking ‘‘, the following definitions apply’’; (B) in clause (i), by striking ‘‘representing a population of over 200,000’’; and (C) in clause (iii), in the matter preceding subclause (I), by striking ‘‘a any’’ and inserting ‘‘any’’. (c) CENTER OF EXCELLENCE ON NEW MOBILITY AND AUTOMATED VEHICLES.—Section 503(c) of title 23, United States Code (as amended by subsection (a)(3)(D)), is amended by adding at the end the following: ‘‘(6) CENTER OF EXCELLENCE.— ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(i) HIGHLY AUTOMATED VEHICLE.—The term ‘highly automated vehicle’ means a motor vehicle that— ‘‘(I) has a taxable gross weight (as defined in section 41.4482(b)–1 of title 26, Code of Federal Regulations (or successor regulations)) of 10,000 pounds or less; and ‘‘(II) is equipped with a Level 3, Level 4, or Level 5 automated driving system (as defined in the SAE International Recommended Practice numbered J3016 and dated June 15, 2018 (or a subsequent standard adopted by the Secretary)). ‘‘(ii) NEW MOBILITY.—The term ‘new mobility’ includes shared services such as— ‘‘(I) docked and dockless bicycles; H. R. 3684—210 ‘‘(II) docked and dockless electric scooters; and ‘‘(III) transportation network companies. ‘‘(B) ESTABLISHMENT.—Not later than 1 year after the date of enactment of the Surface Transportation Reauthor- ization Act of 2021, the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and highly automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets. ‘‘(C) REPORT.—Not later than 1 year after the date on which the Center of Excellence is established, the Sec- retary shall submit a report that describes the results of the research regarding the impacts of new mobility and highly automated vehicles to the Committees on Environ- ment and Public Works and Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Com- merce of the House of Representatives. ‘‘(D) PARTNERSHIPS.—In establishing the Center of Excellence under subparagraph (B), the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or public or private research entity.’’. (d) ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a description of— (A) the current status of the use of advanced digital construction management systems in each State; and (B) the progress of each State toward accelerating the adoption of advanced digital construction management sys- tems; and (2) an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems. (e) OPEN CHALLENGE AND RESEARCH PROPOSAL PILOT PRO- GRAM.— (1) IN GENERAL.—The Secretary shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs. (2) REQUIREMENTS.—A research proposal submitted to the Secretary by an eligible entity shall address— (A) a research need identified by the Secretary or the Administrator of the Federal Highway Administration; or (B) an issue or challenge that the Secretary determines to be important. (3) ELIGIBLE ENTITIES.—An entity eligible to submit a research proposal under the pilot program under paragraph (1) is— (A) a State; H. R. 3684—211 (B) a unit of local government; (C) a university transportation center under section 5505 of title 49, United States Code; (D) a private nonprofit organization; (E) a private sector organization working in collabora- tion with an entity described in subparagraphs (A) through (D); and (F) any other individual or entity that the Secretary determines to be appropriate. (4) PROJECT REVIEW.—The Secretary shall— (A) review each research proposal submitted under the pilot program under paragraph (1); and (B) provide to the eligible entity a written notice that— (i) if the research proposal is not selected— (I) notifies the eligible entity that the research proposal has not been selected for funding; (II) provides an explanation as to why the research proposal was not selected, including if the research proposal does not cover an area of need; and (III) if applicable, recommend that the research proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research pro- gram office; and (ii) if the research proposal is selected, notifies the eligible entity that the research proposal has been selected for funding. (5) FEDERAL SHARE.— (A) IN GENERAL.—The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. (B) NON-FEDERAL SHARE.—All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity carried out under this subsection. (f) CONFORMING AMENDMENT.—Section 167 of title 23, United States Code, is amended— (1) by striking subsection (h); and (2) by redesignating subsections (i) through (l) as sub- sections (h) through (k), respectively. SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION. (a) SURFACE TRANSPORTATION WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.—Section 504(e) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (D) through (G) as subparagraphs (E), (F), (H), and (I), respectively; (B) by inserting after subparagraph (C) the following: ‘‘(D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training;’’; (C) in subparagraph (E) (as so redesignated), by striking ‘‘or community college’’ and inserting ‘‘, college, community college, or vocational school’’; and H. R. 3684—212 (D) by inserting after subparagraph (F) (as so redesig- nated) the following: ‘‘(G) activities associated with workforce training and employment services, such as targeted outreach and part- nerships with industry, economic development organiza- tions, workforce development boards, and labor organiza- tions;’’; (2) in paragraph (2), by striking ‘‘paragraph (1)(G)’’ and inserting ‘‘paragraph (1)(I)’’; and (3) in paragraph (3)— (A) by striking the period at the end and inserting a semicolon; (B) by striking ‘‘including activities’’ and inserting the following: ‘‘including— ‘‘(A) activities’’; and (C) by adding at the end the following: ‘‘(B) activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies; ‘‘(C) activities to develop a robust surface transpor- tation workforce with new skills resulting from emerging transportation technologies; and ‘‘(D) activities to attract new sources of job-creating investment.’’. (b) TRANSPORTATION EDUCATION AND TRAINING DEVELOPMENT AND DEPLOYMENT PROGRAM.—Section 504(f) of title 23, United States Code, is amended— (1) in the subsection heading, by striking ‘‘DEVELOPMENT’’ and inserting ‘‘AND TRAINING DEVELOPMENT AND DEPLOYMENT’’; (2) by striking paragraph (1) and inserting the following: ‘‘(1) ESTABLISHMENT.—The Secretary shall establish a pro- gram to make grants to educational institutions or State depart- ments of transportation, in partnership with industry and rel- evant Federal departments and agencies— ‘‘(A) to develop, test, and review new curricula and education programs to train individuals at all levels of the transportation workforce; or ‘‘(B) to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs.’’; (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking ‘‘shall’’ and inserting ‘‘may’’; (B) in subparagraph (A), by inserting ‘‘current or future’’ after ‘‘specific’’; and (C) in subparagraph (E)— (i) by striking ‘‘in nontraditional departments’’; (ii) by inserting ‘‘construction,’’ after ‘‘such as’’; and (iii) by inserting ‘‘or emerging’’ after ‘‘industrial’’; (4) by redesignating paragraph (3) as paragraph (4); and (5) by inserting after paragraph (2) the following: ‘‘(3) REPORTING.—The Secretary shall establish minimum reporting requirements for grant recipients under this sub- section, which may include, with respect to a program carried out with a grant under this subsection— H. R. 3684—213 ‘‘(A) the percentage or number of program participants that are employed during the second quarter after exiting the program; ‘‘(B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program; ‘‘(C) the median earnings of program participants that are employed during the second quarter after exiting the program; ‘‘(D) the percentage or number of program participants that obtain a recognized postsecondary credential or a sec- ondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and ‘‘(E) the percentage or number of program participants that, during a program year— ‘‘(i) are in an education or training program that leads to a recognized postsecondary credential or employment; and ‘‘(ii) are achieving measurable skill gains toward such a credential or employment.’’. (c) USE OF FUNDS.—Section 504 of title 23, United States Code, is amended by adding at the end the following: ‘‘(i) USE OF FUNDS.—The Secretary may use funds made avail- able to carry out this section to carry out activities related to workforce development and technical assistance and training if— ‘‘(1) the activities are authorized by another provision of this title; and ‘‘(2) the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land management agencies, and Tribal governments.’’. SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH. (a) GENERAL AUTHORITIES AND REQUIREMENTS REGARDING WILDLIFE AND HABITAT.—Section 515(h)(2) of title 23, United States Code, is amended— (1) in subparagraph (K), by striking ‘‘and’’ at the end; (2) by redesignating subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I), (K), (L), (M), and (O), respectively; (3) by inserting after subparagraph (C) the following: ‘‘(D) a representative from a State, local, or regional wildlife, land use, or resource management agency;’’; (4) by inserting after subparagraph (I) (as so redesignated) the following: ‘‘(J) an academic researcher who is a biological or ecological scientist with expertise in transportation issues;’’; and (5) by inserting after subparagraph (M) (as so redesignated) the following: ‘‘(N) a representative from a public interest group con- cerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those species; and’’. (b) ANIMAL DETECTION SYSTEMS RESEARCH AND DEVELOP- MENT.—Section 516(b)(6) of title 23, United States Code, is amended H. R. 3684—214 by inserting ‘‘, including animal detection systems to reduce the number of wildlife-vehicle collisions’’ after ‘‘systems’’. SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CEN- TERS OF EXCELLENCE. (a) IN GENERAL.—Chapter 5 of title 23, United States Code, is amended by adding at the end the following: ‘‘§ 520. Transportation Resilience and Adaptation Centers of Excellence ‘‘(a) DEFINITION OF CENTER OF EXCELLENCE.—In this section, the term ‘Center of Excellence’ means a Center of Excellence for Resilience and Adaptation designated under subsection (b). ‘‘(b) DESIGNATION.—The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infra- structure and infrastructure dependent on surface transportation. ‘‘(c) ELIGIBILITY.—An entity eligible to be designated as a Center of Excellence is— ‘‘(1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or ‘‘(2) a consortium of nonprofit organizations led by an institution of higher education. ‘‘(d) APPLICATION.—To be eligible to be designated as a Center of Excellence, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a proposal that includes a description of the activities to be carried out with a grant under this section. ‘‘(e) SELECTION.— ‘‘(1) REGIONAL CENTERS OF EXCELLENCE.—The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled ‘Standard Federal Regions’ and dated April 1974 (circular A–105). ‘‘(2) NATIONAL CENTER OF EXCELLENCE.—The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to mini- mize duplication and promote coordination and dissemination of research among the Centers. ‘‘(3) CRITERIA.—In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider— ‘‘(A) the past experience and performance of the eligible entity in carrying out activities described in subsection (g); ‘‘(B) the merits of the proposal of an eligible entity and the extent to which the proposal would— ‘‘(i) advance the state of practice in resilience plan- ning and identify innovative resilience solutions for transportation assets and systems; H. R. 3684—215 ‘‘(ii) support activities carried out under the PRO- TECT program under section 176; ‘‘(iii) support and build on work being carried out by another Federal agency relating to resilience; ‘‘(iv) inform transportation decisionmaking at all levels of government; ‘‘(v) engage local, regional, Tribal, State, and national stakeholders, including, if applicable, stake- holders representing transportation, transit, urban, and land use planning, natural resources, environ- mental protection, hazard mitigation, and emergency management; and ‘‘(vi) engage community groups and other stake- holders that will be affected by transportation decisions, including underserved, economically dis- advantaged, rural, and predominantly minority communities; and ‘‘(C) the local, regional, Tribal, State, and national impacts of the proposal of the eligible entity. ‘‘(f) GRANTS.—Subject to the availability of appropriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in subsection (g). ‘‘(g) ACTIVITIES.—In carrying out this section, the Secretary shall ensure that a Center of Excellence uses the funds from a grant under subsection (f) to promote resilient transportation infra- structure, including through— ‘‘(1) supporting climate vulnerability assessments informed by climate change science, including national climate assess- ments produced by the United States Global Change Research Program under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936), relevant feasibility analyses of resilient transportation improvements, and transportation resil- ience planning; ‘‘(2) development of new design, operations, and mainte- nance standards for transportation infrastructure that can inform Federal and State decisionmaking; ‘‘(3) research and development of new materials and tech- nologies that could be integrated into existing and new transportation infrastructure; ‘‘(4) development, refinement, and piloting of new and emerging resilience improvements and strategies, including nat- ural infrastructure approaches and relocation; ‘‘(5) development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local, Tribal, regional, or national stake- holders and communities; ‘‘(6) technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders— ‘‘(A) to assess the vulnerability of transportation infra- structure assets and systems; ‘‘(B) to develop community response strategies; ‘‘(C) to meaningfully engage with community stake- holders; and ‘‘(D) to develop strategies and improvements for enhancing transportation infrastructure resilience under H. R. 3684—216 current conditions and a range of potential future condi- tions; ‘‘(7) workforce development and training; ‘‘(8) development and dissemination of data, tools, tech- niques, assessments, and information that informs Federal, State, Tribal, and local government decisionmaking, policies, planning, and investments; ‘‘(9) education and outreach regarding transportation infra- structure resilience; and ‘‘(10) technology transfer and commercialization. ‘‘(h) FEDERAL SHARE.—The Federal share of the cost of an activity under this section, including the costs of establishing and operating a Center of Excellence, shall be 50 percent.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following: ‘‘520. Transportation Resilience and Adaptation Centers of Excellence.’’. SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM. (a) DEFINITIONS.—In this section: (1) METROPOLITAN PLANNING ORGANIZATION.—The term ‘‘metropolitan planning organization’’ has the meaning given the term in section 134(b) of title 23, United States Code. (2) STATE.—The term ‘‘State’’ has the meaning given the term in section 101(a) of title 23, United States Code. (3) SURFACE TRANSPORTATION MODES.—The term ‘‘surface transportation modes’’ means— (A) driving; (B) public transportation; (C) walking; (D) cycling; and (E) a combination of any of the modes of transportation described in subparagraphs (A) through (D). (4) PILOT PROGRAM.—The term ‘‘pilot program’’ means the transportation pilot program established under subsection (b). (5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.— The term ‘‘regional transportation planning organization’’ has the meaning given the term in section 134(b) of title 23, United States Code. (b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation pilot program. (c) PURPOSE.—The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program— (1) to improve the transportation planning of those eligible entities by— (A) measuring the level of access by surface transpor- tation modes to important destinations, which may include— (i) jobs; (ii) health care facilities; (iii) child care services; (iv) educational and workforce training facilities; (v) housing; (vi) food sources; H. R. 3684—217 (vii) points within the supply chain for freight commodities; (viii) domestic or international markets; and (ix) connections between surface transportation modes; and (B) disaggregating the level of access by surface transportation modes by a variety of— (i) population categories, which may include— (I) low-income populations; (II) minority populations; (III) age; (IV) disability; and (V) geographical location; or (ii) freight commodities, which may include— (I) agricultural commodities; (II) raw materials; (III) finished products; and (IV) energy commodities; and (2) to assess the change in accessibility that would result from new transportation investments. (d) ELIGIBLE ENTITIES.—An entity eligible to participate in the pilot program is— (1) a State; (2) a metropolitan planning organization; or (3) a regional transportation planning organization. (e) APPLICATION.—To be eligible to participate in the pilot pro- gram, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to— (1) previous experience of the eligible entity measuring transportation access or other performance management experi- ence, if applicable; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; and (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. (f) SELECTION.— (1) IN GENERAL.—The Secretary shall seek to achieve diver- sity of participants in the pilot program by selecting a range of eligible entities that shall include— (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) regional transportation planning organizations. (2) INCLUSIONS.—The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is— (A) a range of capacity and previous experience with measuring transportation access; and H. R. 3684—218 (B) a variety of proposed methodologies and focus areas for measuring level of access. (g) DUTIES.—For each eligible entity participating in the pilot program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (c); and (2) submit the data set to the eligible entity. (h) METHODOLOGY.—In calculating the measures for the data set under the pilot program, the Secretary shall ensure that method- ology is open source. (i) AVAILABILITY.—The Secretary shall make an accessibility data set under the pilot program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (j) REPORT.—Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the pilot pro- gram, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. (k) TRANSPORTATION SYSTEM ACCESS.— (1) IN GENERAL.—The Secretary shall establish consistent measures that States, metropolitan planning organizations, and regional transportation planning organizations may choose to adopt to assess the level of safe and convenient access by surface transportation modes to important destinations as described in subsection (c)(1)(A). (2) SAVINGS PROVISION.—Nothing in this section provides the Secretary the authority— (A) to establish a performance measure or require States or metropolitan planning organizations to set a performance target for access as described in paragraph (1); or (B) to establish any other Federal requirement. (l) FUNDING.—The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (m) SUNSET.—The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is imple- mented. TITLE IV—INDIAN AFFAIRS SEC. 14001. DEFINITION OF SECRETARY. In this title, the term ‘‘Secretary’’ means the Secretary of the Interior. SEC. 14002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION FACILITIES. (a) DEFINITION OF TRIBAL TRANSPORTATION SAFETY PROJECT.— (1) IN GENERAL.—In this section, the term ‘‘tribal transpor- tation safety project’’ means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code. H. R. 3684—219 (2) PROJECT DESCRIBED.—A project described in this para- graph is a project that corrects or improves a hazardous road location or feature or addresses a highway safety problem through 1 or more of the activities described in any of the clauses under section 148(a)(4)(B) of title 23, United States Code. (b) REVIEWS OF TRIBAL TRANSPORTATION SAFETY PROJECTS.— (1) IN GENERAL.—The Secretary or the Secretary of Transportation, as applicable, or the head of another Federal agency responsible for a decision related to a tribal transpor- tation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process. (2) REVIEW OF APPLICATIONS.—Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary or the Secretary of Transportation, as applicable, shall— (A) take final action on the application; or (B) provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdic- tion with respect to the project. (3) DECISIONS UNDER OTHER FEDERAL LAWS.—In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary or the Secretary of Transportation, as applicable, has made all decisions of the lead agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the head of the Federal agency responsible for the decision shall— (A) make the applicable decision; or (B) provide the Indian tribe a schedule for making the decision. (4) EXTENSIONS.—The Secretary or the Secretary of Transportation, as applicable, or the head of the Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension. (5) NOTIFICATION AND EXPLANATION.—In any case in which a required action is not completed by the deadline under para- graph (2), (3), or (4), as applicable, the Secretary, the Secretary of Transportation, or the head of a Federal agency, as applicable, shall— (A) notify the Committees on Indian Affairs and Environment and Public Works of the Senate and the Com- mittee on Natural Resources of the House of Representa- tives of the failure to comply with the deadline; and (B) provide to the Committees described in subpara- graph (A) a detailed explanation of the reasons for the failure to comply with the deadline. H. R. 3684—220 SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS. (a) IN GENERAL.—The Secretary and the Secretary of Transpor- tation shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code. (b) INCLUSIONS.—A programmatic agreement under subsection (a)— (1) may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary and the Secretary of Transportation, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) shall— (A) require that the Indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); (B) set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, docu- menting the determinations, and achieving acceptable quality control and quality assurance; (C) allow— (i) the Secretary and the Secretary of Transpor- tation to monitor compliance of the Indian tribe with the terms of the agreement; and (ii) the Indian tribe to execute any needed correc- tive action; (D) contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and (E) have a term of not more than 5 years, with an option for renewal based on a review by the Secretary and the Secretary of Transportation of the performance of the Indian tribe. SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS. Section 202(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: ‘‘(2) USE OF FUNDS.—Funds made available to carry out this subsection shall be used— ‘‘(A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of new or replacement tribal transportation facility bridges; ‘‘(B) to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or ‘‘(C) to implement any countermeasure for tribal transportation facility bridges classified as in poor condi- tion, having a low load capacity, or needing geometric improvements, including multiple-pipe culverts.’’. H. R. 3684—221 SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PRO- GRAM. There are authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the road maintenance program of the Bureau— (1) $50,000,000 for fiscal year 2022; (2) $52,000,000 for fiscal year 2023; (3) $54,000,000 for fiscal year 2024; (4) $56,000,000 for fiscal year 2025; and (5) $58,000,000 for fiscal year 2026. SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND. (a) DEFINITIONS.—In this section: (1) INDIAN LAND.—The term ‘‘Indian land’’ has the meaning given the term ‘‘Indian lands’’ in section 3 of the Native Amer- ican Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302). (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) ROAD.—The term ‘‘road’’ means a road managed in whole or in part by the Bureau of Indian Affairs. (4) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary, acting through the Assistant Secretary for Indian Affairs. (b) STUDY.—Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, shall carry out a study to evaluate— (1) the long-term viability and useful life of existing roads on Indian land; (2) any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on Indian land; (3) programmatic reforms and performance enhancements necessary to achieve the goal of restructuring and streamlining road maintenance programs on existing or future roads located on Indian land; and (4) recommendations on how to implement efforts to coordi- nate with States, counties, municipalities, and other units of local government to maintain roads on Indian land. (c) TRIBAL CONSULTATION AND INPUT.—Before beginning the study under subsection (b), the Secretary shall— (1) consult with any Indian tribes that have jurisdiction over roads eligible for funding under the road maintenance program of the Bureau of Indian Affairs; and (2) solicit and consider the input, comments, and rec- ommendations of the Indian tribes described in paragraph (1). (d) REPORT.—On completion of the study under subsection (b), the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report on the results and findings of the study. (e) STATUS REPORT.—Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs H. R. 3684—222 and Environment and Public Works of the Senate and the Commit- tees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report that includes a description of— (1) the progress made toward addressing the deferred maintenance needs of the roads on Indian land, including a list of projects funded during the fiscal period covered by the report; (2) the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs; (3) the remaining needs of any of the projects referred to in paragraph (1); (4) how the goals described in subsection (b) have been met, including— (A) an identification and assessment of any deficiencies or shortfalls in meeting the goals; and (B) a plan to address the deficiencies or shortfalls in meeting the goals; and (5) any other issues or recommendations provided by an Indian tribe under the consultation and input process under subsection (c) that the Secretary determines to be appropriate. SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS. The Commissioner of U.S. Customs and Border Protection may transfer funds to the Director of the Bureau of Indian Affairs to maintain, repair, or reconstruct roads under the jurisdiction of the Director, subject to the condition that the Commissioner and the Director shall mutually agree that the primary user of the subject road is U.S. Customs and Border Protection. SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS. (a) DEFINITIONS.—In this section: (1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the meaning given the term ‘‘Native’’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) ALASKA NATIVE VILLAGE.—The term ‘‘Alaska Native vil- lage’’ has the meaning given the term ‘‘Native village’’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (b) BEST PRACTICES, STANDARDIZED CRASH REPORT FORM.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, Indian tribes, Alaska Native villages, and State departments of transportation shall develop— (A) best practices for the compiling, analysis, and sharing of motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities; and (B) a standardized form for use by Indian tribes and Alaska Native communities to carry out those best prac- tices. (2) PURPOSE.—The purpose of the best practices and standardized form developed under paragraph (1) shall be to improve the quality and quantity of crash data available to H. R. 3684—223 and used by the Federal Highway Administration, State depart- ments of transportation, Indian tribes, and Alaska Native vil- lages. (3) REPORT.—On completion of the development of the best practices and standardized form under paragraph (1), the Sec- retary of Transportation shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report describing the best practices and standardized form. (c) USE OF IMARS.—The Director of the Bureau of Indian Affairs shall require all law enforcement offices of the Bureau, for the purpose of reporting motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native commu- nities— (1) to use the crash report form of the applicable State; and (2) to upload the information on that form to the Incident Management Analysis and Reporting System (IMARS) of the Department of the Interior. (d) TRIBAL TRANSPORTATION PROGRAM SAFETY FUNDING.—Sec- tion 202(e)(1) of title 23, United States Code, is amended by striking ‘‘2 percent’’ and inserting ‘‘4 percent’’. SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. Section 102 of title 49, United States Code, is amended— (1) in subsection (e)(1)— (A) in the matter preceding subparagraph (A), by striking ‘‘6 Assistant’’ and inserting ‘‘7 Assistant’’; (B) in subparagraph (C), by striking ‘‘and’’ after the semicolon; (C) by redesignating subparagraph (D) as subpara- graph (E); and (D) by inserting after subparagraph (C) the following: ‘‘(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and’’; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through the end of paragraph (1) and inserting the following: ‘‘(f) OFFICE OF TRIBAL GOVERNMENT AFFAIRS.— ‘‘(1) ESTABLISHMENT.—There is established in the Depart- ment an Office of Tribal Government Affairs, under the Assist- ant Secretary for Tribal Government Affairs— ‘‘(A) to oversee the tribal self-governance program under section 207 of title 23; ‘‘(B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations; ‘‘(C) to coordinate Tribal transportation programs and activities in all offices and administrations of the Depart- ment; and ‘‘(D) to be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal transportation pro- gram under section 202 of title 23.’’. H. R. 3684—224 DIVISION B—SURFACE TRANSPOR- TATION INVESTMENT ACT OF 2021 SEC. 20001. SHORT TITLE. This division may be cited as the ‘‘Surface Transportation Investment Act of 2021’’. SEC. 20002. DEFINITIONS. In this division: (1) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. TITLE I—MULTIMODAL AND FREIGHT TRANSPORTATION Subtitle A—Multimodal Freight Policy SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND POLICY. (a) IN GENERAL.—Chapter 1 of title 49, United States Code, is amended by adding at the end the following: ‘‘§ 118. Office of Multimodal Freight Infrastructure and Policy ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) DEPARTMENT.—The term ‘Department’ means the Department of Transportation. ‘‘(2) FREIGHT OFFICE.—The term ‘Freight Office’ means the Office of Multimodal Freight Infrastructure and Policy estab- lished under subsection (b). ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(b) ESTABLISHMENT.—The Secretary shall establish within the Department an Office of Multimodal Freight Infrastructure and Policy. ‘‘(c) PURPOSES.—The purposes of the Freight Office shall be— ‘‘(1) to carry out the national multimodal freight policy described in section 70101; ‘‘(2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d); ‘‘(3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues; ‘‘(4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department; ‘‘(5) to assist cities and States in developing freight mobility and supply chain expertise; ‘‘(6) to liaise and coordinate with other Federal departments and agencies; and H. R. 3684—225 ‘‘(7) to carry out other duties, as prescribed by the Sec- retary. ‘‘(d) ADMINISTRATION OF POLICIES AND PROGRAMS.—The Freight Office shall— ‘‘(1) develop and manage— ‘‘(A) the national freight strategic plan described in section 70102; and ‘‘(B) the National Multimodal Freight Network estab- lished under section 70103; ‘‘(2)(A) oversee the development and updating of the State freight plans described in section 70202; and ‘‘(B) provide guidance or best practices relating to the development and updating of State freight plans under that section; ‘‘(3)(A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and ‘‘(B) establish procedures for analyzing and evaluating applications for grants under those programs; ‘‘(4) assist States in the establishment of— ‘‘(A) State freight advisory committees under section 70201; and ‘‘(B) multi-State freight mobility compacts under sec- tion 70204; and ‘‘(5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools. ‘‘(e) ASSISTANT SECRETARY.— ‘‘(1) IN GENERAL.—The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall— ‘‘(A) be appointed by the President, by and with the advice and consent of the Senate; and ‘‘(B) have professional standing and demonstrated knowledge in the field of freight transportation. ‘‘(2) DUTIES.—The Assistant Secretary shall— ‘‘(A) report to the Under Secretary of Transportation for Policy; ‘‘(B) be responsible for the management and oversight of the activities, decisions, operations, and personnel of the Freight Office; ‘‘(C) work with the modal administrations of the Department to encourage multimodal collaboration; and ‘‘(D) carry out such additional duties as the Secretary may prescribe. ‘‘(f) CONSOLIDATION AND ELIMINATION OF DUPLICATIVE OFFICES.— ‘‘(1) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.— The Secretary may consolidate into the Freight Office any office or office function within the Department that the Sec- retary determines has duties, responsibilities, resources, or expertise that support the purposes of the Freight Office. ‘‘(2) ELIMINATION OF OFFICES.—The Secretary may elimi- nate any office within the Department if the Secretary deter- mines that— ‘‘(A) the purposes of the office are duplicative of the purposes of the Freight Office; H. R. 3684—226 ‘‘(B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1); ‘‘(C) the elimination of the office will not adversely affect the requirements of the Secretary under any Federal law; and ‘‘(D) the elimination of the office will improve the effi- ciency and effectiveness of the programs and functions conducted by the office. ‘‘(g) STAFFING AND BUDGETARY RESOURCES.— ‘‘(1) IN GENERAL.—The Secretary shall ensure that the Freight Office is adequately staffed and funded. ‘‘(2) STAFFING.— ‘‘(A) TRANSFER OF POSITIONS TO FREIGHT OFFICE.—Sub- ject to subparagraph (B), the Secretary may transfer to the Freight Office any position within any other office of the Department if the Secretary determines that the position is necessary to carry out the purposes of the Freight Office. ‘‘(B) REQUIREMENT.—If the Secretary transfers a posi- tion to the Freight Office pursuant to subparagraph (A), the Secretary, in coordination with the appropriate modal administration of the Department, shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any Fed- eral law. ‘‘(3) BUDGETARY RESOURCES.— ‘‘(A) TRANSFER OF FUNDS FROM CONSOLIDATED OR ELIMINATED OFFICES.— ‘‘(i) IN GENERAL.—To carry out the purposes of the Freight Office, the Secretary may transfer to the Freight Office from any office or office function that is consolidated or eliminated under subsection (f) any funds allocated for the consolidated or eliminated office or office function. ‘‘(ii) RETRANSFER.—Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account. ‘‘(B) TRANSFER OF FUNDS ALLOCATED FOR ADMINISTRA- TIVE COSTS.— ‘‘(i) IN GENERAL.—The Secretary may transfer to the Freight Office any funds allocated for the adminis- trative costs of the programs referred to in subsection (d)(3). ‘‘(ii) RETRANSFER.—Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account. ‘‘(h) WEBSITE.— ‘‘(1) DESCRIPTION OF FREIGHT OFFICE.—The Secretary shall make publicly available on the website of the Department a description of the Freight Office, including a description of— ‘‘(A) the programs managed or made available by the Freight Office; and ‘‘(B) the eligibility requirements for those programs. H. R. 3684—227 ‘‘(2) CLEARINGHOUSE.—The Secretary may establish a clearinghouse for tools, templates, guidance, and best practices on a page of the website of the Department that supports the purposes of this section. ‘‘(i) NOTIFICATION TO CONGRESS.—Not later than 1 year after the date of enactment of this section, and not less frequently than once every 180 days thereafter until the date on which the Secretary determines that the requirements of this section have been met, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representatives a notifica- tion that— ‘‘(1) describes— ‘‘(A) the programs and activities administered or over- seen by the Freight Office; and ‘‘(B) the status of those programs and activities; ‘‘(2) identifies— ‘‘(A) the number of employees working in the Freight Office as of the date of the notification; ‘‘(B) the total number of employees expected to join the Freight Office to support the programs and activities described in paragraph (1); and ‘‘(C) the total number of positions that, as a result of the consolidation of offices under this section, were— ‘‘(i) eliminated; or ‘‘(ii) transferred, assigned, or joined to the Freight Office; ‘‘(3)(A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and ‘‘(B) if the Secretary has consolidated such an office or function, describes the rationale for the consolidation; ‘‘(4)(A) indicates whether the Secretary has eliminated any office pursuant to subsection (f)(2); and ‘‘(B) if the Secretary has eliminated such an office, describes the rationale for the elimination; ‘‘(5) describes any other actions carried out by the Secretary to implement this section; and ‘‘(6) describes any recommendations of the Secretary for legislation that may be needed to further implement this sec- tion. ‘‘(j) SAVINGS PROVISIONS.— ‘‘(1) EFFECT ON OTHER LAW.—Except as otherwise provided in this section, nothing in this section alters or affects any law (including regulations) with respect to a program referred to in subsection (d). ‘‘(2) EFFECT ON RESPONSIBILITIES OF OTHER AGENCIES.— Except as otherwise provided in this section, nothing in this section abrogates the responsibilities of any agency, operating administration, or office within the Department that is other- wise charged by law (including regulations) with any aspect of program administration, oversight, or project approval or implementation with respect to a program or project subject to the responsibilities of the Freight Office under this section. ‘‘(3) EFFECT ON PENDING APPLICATIONS.—Nothing in this section affects any pending application under a program referred to in subsection (d) that was received by the Secretary H. R. 3684—228 on or before the date of enactment of the Surface Transportation Investment Act of 2021. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. ‘‘(2) CERTAIN ACTIVITIES.—Authorizations under subsections (f) and (g) are subject to appropriations.’’. (b) GAO REVIEW.—The Comptroller General of the United States shall— (1) conduct a review of the activities carried out by the Secretary pursuant to section 118 of title 49, United States Code; and (2) develop recommendations regarding additional activi- ties— (A) to improve the consolidation of duplicative functions within the Department; and (B) to promote increased staff efficiency for program management within the Department. (c) CLERICAL AMENDMENT.—The analysis for chapter 1 of title 49, United States Code, is amended by inserting after the item relating to section 117 the following: ‘‘118. Office of Multimodal Freight Infrastructure and Policy.’’. (d) CONFORMING AMENDMENTS.— (1) Section 70101(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking ‘‘Under Secretary of Transportation for Policy’’ and inserting ‘‘Assistant Secretary for Multimodal Freight’’. (2) Section 70102 of title 49, United States Code, is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘Not later’’ and all that follows through ‘‘the Under Secretary of Transportation for Policy’’ and inserting ‘‘The Assistant Secretary for Multimodal Freight (referred to in this section as the ‘Assistant Secretary’)’’; (B) in subsection (b)(4), in the matter preceding subparagraph (A), by striking ‘‘Under Secretary’’ and inserting ‘‘Assistant Secretary’’; (C) in subsection (c), by striking ‘‘Under Secretary’’ and inserting ‘‘Assistant Secretary’’; and (D) in subsection (d), in the matter preceding para- graph (1), by striking ‘‘Under Secretary’’ and inserting ‘‘Assistant Secretary’’. (3) Section 70103 of title 49, United States Code, is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘Under Secretary of Transportation for Policy’’ and inserting ‘‘Assistant Secretary for Multimodal Freight (referred to in this section as the ‘Assistant Sec- retary’)’’; (B) by striking subsection (b); (C) by redesignating subsections (c) and (d) as sub- sections (b) and (c), respectively; (D) in subsection (b) (as so redesignated)— (i) in the subsection heading, by striking ‘‘FINAL NETWORK’’ and inserting ‘‘DESIGNATION OF NATIONAL MULTIMODAL FREIGHT NETWORK’’; H. R. 3684—229 (ii) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘Not later’’ and all that follows through ‘‘Under Secretary’’ and inserting ‘‘The Assistant Secretary’’; (iii) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘Under Secretary’’ and inserting ‘‘Assistant Secretary’’; and (iv) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘Under Secretary’’ and inserting ‘‘Assistant Secretary’’; and (E) in subsection (c) (as so redesignated)— (i) by striking ‘‘subsection (c)’’ each place it appears and inserting ‘‘subsection (b)’’; and (ii) by striking ‘‘Under Secretary’’ and inserting ‘‘Assistant Secretary’’. (4) Section 116(d)(1) of title 49, United States Code, is amended by striking subparagraph (D). SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN. Section 70102(b) of title 49, United States Code, is amended— (1) in paragraph (10), by striking ‘‘and’’ at the end; (2) in paragraph (11), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ‘‘(12) best practices for reducing environmental impacts of freight movement (including reducing local air pollution from freight movement, stormwater runoff, and wildlife habitat loss resulting from freight facilities, freight vehicles, or freight activity); ‘‘(13) possible strategies to increase the resilience of the freight system, including the ability to anticipate, prepare for, or adapt to conditions, or withstand, respond to, or recover rapidly from disruptions, including extreme weather and nat- ural disasters; ‘‘(14) strategies to promote United States economic growth and international competitiveness; ‘‘(15) consideration of any potential unique impacts of the national freight system on rural and other underserved and historically disadvantaged communities; ‘‘(16) strategies for decarbonizing freight movement, as appropriate; and ‘‘(17) consideration of the impacts of e-commerce on the national multimodal freight system.’’. SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT NETWORK. Subsection (b) of section 70103 of title 49, United States Code (as redesignated by section 21101(d)(3)(C)), is amended— (1) in paragraph (3), by striking subparagraph (C) and inserting the following: ‘‘(C) provide to the States an opportunity to submit proposed designations from the States in accordance with paragraph (4).’’; and (2) in paragraph (4)— (A) in subparagraph (C)(i), by striking ‘‘20 percent’’ and inserting ‘‘30 percent’’; and (B) by adding at the end the following: H. R. 3684—230 ‘‘(E) CONDITION FOR ACCEPTANCE.—The Secretary shall accept from a State a designation under subparagraph (D) only if the Secretary determines that the designation meets the applicable requirements of subparagraph (A).’’. SEC. 21104. IMPROVING STATE FREIGHT PLANS. (a) IN GENERAL.—Section 70202 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (9), by striking ‘‘and’’ at the end; (B) by redesignating paragraph (10) as paragraph (17); and (C) by inserting after paragraph (9) the following: ‘‘(10) the most recent commercial motor vehicle parking facilities assessment conducted by the State under subsection (f); ‘‘(11) the most recent supply chain cargo flows in the State, expressed by mode of transportation; ‘‘(12) an inventory of commercial ports in the State; ‘‘(13) if applicable, consideration of the findings or rec- ommendations made by any multi-State freight compact to which the State is a party under section 70204; ‘‘(14) the impacts of e-commerce on freight infrastructure in the State; ‘‘(15) considerations of military freight; ‘‘(16) strategies and goals to decrease— ‘‘(A) the severity of impacts of extreme weather and natural disasters on freight mobility; ‘‘(B) the impacts of freight movement on local air pollu- tion; ‘‘(C) the impacts of freight movement on flooding and stormwater runoff; and ‘‘(D) the impacts of freight movement on wildlife habitat loss; and’’; and (2) by adding at the end the following: ‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FACILITIES ASSESS- MENTS.—As part of the development or updating, as applicable, of a State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of— ‘‘(1) the capability of the State, together with the private sector in the State, to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in inter- state transportation; ‘‘(2) the volume of commercial motor vehicle traffic in the State; and ‘‘(3) whether there exist any areas within the State with a shortage of adequate commercial motor vehicle parking facili- ties, including an analysis (economic or otherwise, as the State determines to be appropriate) of the underlying causes of such a shortage. ‘‘(g) PRIORITY.—Each State freight plan under this section shall include a requirement that the State, in carrying out activities under the State freight plan— ‘‘(1) enhance reliability or redundancy of freight transpor- tation; or H. R. 3684—231 ‘‘(2) incorporate the ability to rapidly restore access and reliability with respect to freight transportation. ‘‘(h) APPROVAL.— ‘‘(1) IN GENERAL.—The Secretary of Transportation shall approve a State freight plan described in subsection (a) if the plan achieves compliance with the requirements of this section. ‘‘(2) SAVINGS PROVISION.—Nothing in this subsection estab- lishes new procedural requirements for the approval of a State freight plan described in subsection (a).’’. (b) STUDIES.—For the purpose of facilitating the integration of intelligent transportation systems into the freight transportation network powered by electricity, the Secretary, acting through the Assistant Secretary for Multimodal Freight, shall conduct a study relating to— (1) preparing to supply power to applicable electrical freight infrastructure; and (2) safely integrating freight into intelligent transportation systems. (c) ALIGNMENT OF TRANSPORTATION PLANNING.—Section 70202 of title 49, United States Code, is amended— (1) in subsection (d), by striking ‘‘5-year’’ and inserting ‘‘8-year’’; and (2) in subsection (e)(1), by striking ‘‘5 years’’ and inserting ‘‘4 years’’. SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK. Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) describes the status of the designation of the final National Multimodal Freight Network required under section 70103 of title 49, United States Code; (2) explains the reasons why the designation of the network referred to in paragraph (1) has not been finalized, if applicable; and (3) estimates the date by which that network will be des- ignated. SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING. (a) IN GENERAL.—Chapter 702 of title 49, United States Code, is amended— (1) by redesignating section 70204 as section 70206; and (2) by inserting after section 70203 the following: ‘‘§ 70204. Multi-State freight corridor planning ‘‘(a) CONSENT TO MULTI-STATE FREIGHT MOBILITY COMPACTS.— Congress recognizes the right of States, cities, regional planning organizations, federally recognized Indian Tribes, and local public authorities (including public port authorities) that are regionally linked with an interest in a specific nationally or regionally signifi- cant multi-State freight corridor to enter into multi-State compacts to promote the improved mobility of goods, including— ‘‘(1) identifying projects along the corridor that benefit mul- tiple States; H. R. 3684—232 ‘‘(2) assembling rights-of-way; and ‘‘(3) performing capital improvements. ‘‘(b) FINANCING.—A multi-State freight compact established by entities under subsection (a) may provide that, in order to carry out the compact, the relevant States or other entities may— ‘‘(1) accept contributions from a unit of State or local government; ‘‘(2) use any Federal or State funds made available for freight mobility infrastructure planning or construction, including applying for grants; ‘‘(3) subject to such terms and conditions as the States consider to be advisable— ‘‘(A) borrow money on a short-term basis; and ‘‘(B) issue— ‘‘(i) notes for borrowing under subparagraph (A); and ‘‘(ii) bonds; and ‘‘(4) obtain financing by other means permitted under applicable Federal or State law. ‘‘(c) ADVISORY COMMITTEES.— ‘‘(1) IN GENERAL.—A multi-State freight compact under this section may establish a multi-State freight corridor advisory committee, which shall include representatives of State depart- ments of transportation and other public and private sector entities with an interest in freight mobility, such as— ‘‘(A) ports; ‘‘(B) freight railroads; ‘‘(C) shippers; ‘‘(D) carriers; ‘‘(E) freight-related associations; ‘‘(F) third-party logistics providers; ‘‘(G) the freight industry workforce; ‘‘(H) environmental organizations; ‘‘(I) community organizations; and ‘‘(J) units of local government. ‘‘(2) ACTIVITIES.—An advisory committee established under paragraph (1) may— ‘‘(A) advise the parties to the applicable multi-State freight compact with respect to freight-related priorities, issues, projects, and funding needs that impact multi- State— ‘‘(i) freight mobility; and ‘‘(ii) supply chains; ‘‘(B) serve as a forum for States, Indian Tribes, and other public entities to discuss decisions affecting freight mobility; ‘‘(C) communicate and coordinate multi-State freight priorities with other organizations; ‘‘(D) promote the sharing of information between the private and public sectors with respect to freight issues; and ‘‘(E) provide information for consideration in the development of State freight plans under section 70202. ‘‘(d) GRANTS.— ‘‘(1) ESTABLISHMENT.—The Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish a program under which the Secretary shall provide grants H. R. 3684—233 to multi-State freight compacts, or States seeking to form a multi-State freight compact, that seek to improve a route or corridor that is a part of the National Multimodal Freight Network established under section 70103. ‘‘(2) NEW COMPACTS.— ‘‘(A) IN GENERAL.—To incentivize the establishment of multi-State freight compacts, the Secretary may award a grant for operations costs in an amount of not more than $2,000,000 to— ‘‘(i) a multi-State freight compact established under subsection (a) during the 2-year period beginning on the date of establishment of the multi-State freight compact; or ‘‘(ii) States seeking to form a multi-State freight compact described in that subsection. ‘‘(B) ELIGIBILITY.— ‘‘(i) NEW MULTI-STATE FREIGHT COMPACTS.—A multi-State freight compact shall be eligible for a grant under this paragraph only during the initial 2 years of operation of the compact. ‘‘(ii) STATES SEEKING TO FORM A COMPACT.—States seeking to form a multi-State freight compact shall be eligible for a grant under this paragraph during— ‘‘(I) the 2-year period beginning on the date on which an application for a grant under this paragraph with respect to the proposed compact is submitted to the Secretary; or ‘‘(II) if the compact is formed before the date on which a grant under this paragraph is awarded in accordance with subclause (I), the initial 2 years of operation of the compact. ‘‘(C) REQUIREMENTS.—To be eligible to receive a grant under this paragraph, a multi-State freight compact or the applicable States seeking to form a multi-State freight compact shall— ‘‘(i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ‘‘(ii) provide a non-Federal match equal to not less than 25 percent of the operating costs of the multi- State freight compact; and ‘‘(iii) commit to establishing a multi-State freight corridor advisory committee under subsection (c)(1) during the initial 2-year period of operation of the compact. ‘‘(3) EXISTING COMPACTS.— ‘‘(A) IN GENERAL.—The Secretary may award a grant to multi-State freight compacts that are not eligible to receive a grant under paragraph (2) for operations costs in an amount of not more than $1,000,000. ‘‘(B) REQUIREMENTS.—To be eligible to receive a grant under this paragraph, a multi-State freight compact shall— ‘‘(i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ‘‘(ii) provide a non-Federal match of not less than 50 percent of the operating costs of the compact; and H. R. 3684—234 ‘‘(iii) demonstrate that the compact has established a multi-State freight corridor advisory committee under subsection (c)(1). ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to the Secretary $5,000,000 for each fiscal year to carry out this subsection.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 702 of title 49, United States Code, is amended by striking the item relating to section 70204 and inserting the following: ‘‘70204. Multi-State freight corridor planning. ‘‘70206. Savings provision.’’. SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES. Section 70201 of title 49, United States Code, is amended— (1) in subsection (a), by striking ‘‘representatives of ports, freight railroads,’’ and all that follows through the period at the end and inserting the following: ‘‘representatives of— ‘‘(1) ports, if applicable; ‘‘(2) freight railroads, if applicable; ‘‘(3) shippers; ‘‘(4) carriers; ‘‘(5) freight-related associations; ‘‘(6) third-party logistics providers; ‘‘(7) the freight industry workforce; ‘‘(8) the transportation department of the State; ‘‘(9) metropolitan planning organizations; ‘‘(10) local governments; ‘‘(11) the environmental protection department of the State, if applicable; ‘‘(12) the air resources board of the State, if applicable; ‘‘(13) economic development agencies of the State; and ‘‘(14) not-for-profit organizations or community organiza- tions.’’; (2) in subsection (b)(5), by striking ‘‘70202.’’ and inserting ‘‘70202, including by providing advice regarding the develop- ment of the freight investment plan.’’; (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following: ‘‘(b) QUALIFICATIONS.—Each member of a freight advisory com- mittee established under subsection (a) shall have qualifications sufficient to serve on a freight advisory committee, including, as applicable— ‘‘(1) general business and financial experience; ‘‘(2) experience or qualifications in the areas of freight transportation and logistics; ‘‘(3) experience in transportation planning; ‘‘(4) experience representing employees of the freight industry; ‘‘(5) experience representing a State, local government, or metropolitan planning organization; or ‘‘(6) experience representing the views of a community group or not-for-profit organization.’’. H. R. 3684—235 Subtitle B—Multimodal Investment SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE. Subtitle III of title 49, United States Code, is amended by adding at the end the following: ‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS ‘‘6701. National infrastructure project assistance. ‘‘6702. Local and regional project assistance. ‘‘§ 6701. National infrastructure project assistance ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) DEPARTMENT.—The term ‘Department’ means the Department of Transportation. ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) a State or a group of States; ‘‘(B) a metropolitan planning organization; ‘‘(C) a unit of local government; ‘‘(D) a political subdivision of a State; ‘‘(E) a special purpose district or public authority with a transportation function, including a port authority; ‘‘(F) a Tribal government or a consortium of Tribal governments; ‘‘(G) a partnership between Amtrak and 1 or more entities described in subparagraphs (A) through (F); and ‘‘(H) a group of entities described in any of subpara- graphs (A) through (G). ‘‘(3) PROGRAM.—The term ‘program’ means the program established by subsection (b). ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(5) STATE.—The term ‘State’ means— ‘‘(A) any of the several States; ‘‘(B) the District of Columbia; ‘‘(C) the Commonwealth of Puerto Rico; ‘‘(D) the Commonwealth of the Northern Mariana Islands; ‘‘(E) the United States Virgin Islands; ‘‘(F) Guam; ‘‘(G) American Samoa; and ‘‘(H) any other territory or possession of the United States. ‘‘(b) ESTABLISHMENT.—There is established a program under which the Secretary shall provide to eligible entities grants, on a competitive basis pursuant to single-year or multiyear grant agreements, for projects described in subsection (d). ‘‘(c) APPLICATIONS.— ‘‘(1) IN GENERAL.—To be eligible for a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ‘‘(2) PLAN FOR DATA COLLECTION.—An application under paragraph (1) shall include a plan for data collection and anal- ysis described in subsection (g). H. R. 3684—236 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may provide a grant under the program only for a project— ‘‘(1) that is— ‘‘(A) a highway or bridge project carried out on— ‘‘(i) the National Multimodal Freight Network established under section 70103; ‘‘(ii) the National Highway Freight Network estab- lished under section 167 of title 23; or ‘‘(iii) the National Highway System (as defined in section 101(a) of title 23); ‘‘(B) a freight intermodal (including public ports) or freight rail project that provides a public benefit; ‘‘(C) a railway-highway grade separation or elimination project; ‘‘(D) an intercity passenger rail project; ‘‘(E) a public transportation project that is— ‘‘(i) eligible for assistance under chapter 53; and ‘‘(ii) part of a project described in any of subpara- graphs (A) through (D); or ‘‘(F) a grouping, combination, or program of inter- related, connected, or dependent projects of any of the projects described in subparagraphs (A) through (E); and ‘‘(2) the eligible project costs of which are— ‘‘(A) reasonably anticipated to equal or exceed $500,000,000; or ‘‘(B) for any project funded by the set-aside under subsection (m)(2)— ‘‘(i) more than $100,000,000; but ‘‘(ii) less than $500,000,000. ‘‘(e) GEOGRAPHICAL DISTRIBUTION.—In providing grants under this section, the Secretary shall ensure among grant recipients— ‘‘(1) geographical diversity; and ‘‘(2) a balance between rural and urban communities. ‘‘(f) PROJECT EVALUATION AND SELECTION.— ‘‘(1) REQUIREMENTS.—The Secretary may select a project described in subsection (d) to receive a grant under the program only if the Secretary determines that— ‘‘(A) the project is likely to generate national or regional economic, mobility, or safety benefits; ‘‘(B) the project is in need of significant Federal funding; ‘‘(C) the project will be cost-effective; ‘‘(D) with respect to related non-Federal financial commitments, 1 or more stable and dependable sources of funding and financing are available— ‘‘(i) to construct, operate, and maintain the project; and ‘‘(ii) to cover cost increases; and ‘‘(E) the applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project. ‘‘(2) EVALUATION CRITERIA.—In awarding a grant under the program, the Secretary shall evaluate— ‘‘(A) the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project; ‘‘(B) the level of benefits a project is expected to gen- erate, including— H. R. 3684—237 ‘‘(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project; ‘‘(ii) reductions in maintenance costs over the life of the applicable asset; ‘‘(iii) safety benefits, including the reduction of serious injuries and fatalities and related costs; ‘‘(iv) improved person or freight throughput, including improved mobility and reliability; and ‘‘(v) environmental benefits and health impacts, such as— ‘‘(I) reductions in greenhouse gas emissions; ‘‘(II) air quality benefits; ‘‘(III) preventing stormwater runoff that would be a detriment to aquatic species; and ‘‘(IV) improved infrastructure resilience; ‘‘(C) the benefits of the project, as compared to the costs of the project; ‘‘(D) the number of persons or volume of freight, as applicable, supported by the project; and ‘‘(E) national and regional economic benefits of the project, including with respect to short- and long-term job access, growth, or creation. ‘‘(3) ADDITIONAL CONSIDERATIONS.—In selecting projects to receive grants under the program, the Secretary shall take into consideration— ‘‘(A) contributions to geographical diversity among grant recipients, including a balance between the needs of rural and urban communities; ‘‘(B) whether multiple States would benefit from a project; ‘‘(C) whether, and the degree to which, a project uses— ‘‘(i) construction materials or approaches that have— ‘‘(I) demonstrated reductions in greenhouse gas emissions; or ‘‘(II) reduced the need for maintenance of other projects; or ‘‘(ii) technologies that will allow for future connectivity and automation; ‘‘(D) whether a project would benefit— ‘‘(i) a historically disadvantaged community or population; or ‘‘(ii) an area of persistent poverty; ‘‘(E) whether a project benefits users of multiple modes of transportation, including— ‘‘(i) pedestrians; ‘‘(ii) bicyclists; and ‘‘(iii) users of nonvehicular rail and public transpor- tation, including intercity and commuter rail; and ‘‘(F) whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally. ‘‘(4) RATINGS.— ‘‘(A) IN GENERAL.—In evaluating applications for a grant under the program, the Secretary shall assign the project proposed in the application a rating described in H. R. 3684—238 subparagraph (B), based on the information contained in the applicable notice published under paragraph (5). ‘‘(B) RATINGS.— ‘‘(i) HIGHLY RECOMMENDED.—The Secretary shall assign a rating of ‘highly recommended’ to projects that, in the determination of the Secretary— ‘‘(I) are exemplary projects of national or regional significance; and ‘‘(II) would provide significant public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program. ‘‘(ii) RECOMMENDED.—The Secretary shall assign a rating of ‘recommended’ to projects that, in the deter- mination of the Secretary— ‘‘(I) are of national or regional significance; and ‘‘(II) would provide public benefit, as deter- mined based on the applicable criteria described in this subsection, if funded under the program. ‘‘(iii) NOT RECOMMENDED.—The Secretary shall assign a rating of ‘not recommended’ to projects that, in the determination of the Secretary, should not receive a grant under the program, based on the applicable criteria described in this subsection. ‘‘(C) TECHNICAL ASSISTANCE.— ‘‘(i) IN GENERAL.—On request of an eligible entity that submitted an application under subsection (c) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. ‘‘(ii) TREATMENT.—Technical assistance provided under this subparagraph shall not be considered a guarantee of future selection of the applicable project under the program. ‘‘(5) PUBLICATION OF PROJECT EVALUATION AND SELECTION CRITERIA.—Not later than 90 days after the date of enactment of this chapter, the Secretary shall publish and make publicly available on the website of the Department a notice that con- tains a detailed explanation of— ‘‘(A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1); ‘‘(B) any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in paragraphs (2) and (3); and ‘‘(C) the means by which the project requirements and ratings referred to in subparagraphs (A) and (B) will be used to assign an overall rating for the project under para- graph (4). ‘‘(6) PROJECT SELECTION PRIORITY.—In awarding grants under the program, the Secretary shall give priority to projects to which the Secretary has assigned a rating of ‘highly rec- ommended’ under paragraph (4)(B)(i). ‘‘(g) DATA COLLECTION AND ANALYSIS.— H. R. 3684—239 ‘‘(1) PLAN.— ‘‘(A) IN GENERAL.—An eligible entity seeking a grant under the program shall submit to the Secretary, together with the grant application, a plan for the collection and analysis of data to identify in accordance with the frame- work established under paragraph (2)— ‘‘(i) the impacts of the project; and ‘‘(ii) the accuracy of any forecast prepared during the development phase of the project and included in the grant application. ‘‘(B) CONTENTS.—A plan under subparagraph (A) shall include— ‘‘(i) an approach to measuring— ‘‘(I) the criteria described in subsection (f)(2); and ‘‘(II) if applicable, the additional requirements described in subsection (f)(3); ‘‘(ii) an approach for analyzing the consistency of predicted project characteristics with actual outcomes; and ‘‘(iii) any other elements that the Secretary deter- mines to be necessary. ‘‘(2) FRAMEWORK.—The Secretary may publish a standard- ized framework for the contents of the plans under paragraph (1), which may include, as appropriate— ‘‘(A) standardized forecasting and measurement approaches; ‘‘(B) data storage system requirements; and ‘‘(C) any other requirements the Secretary determines to be necessary to carry out this section. ‘‘(3) MULTIYEAR GRANT AGREEMENTS.—The Secretary shall require an eligible entity, as a condition of receiving funding pursuant to a multiyear grant agreement under the program, to collect additional data to measure the impacts of the project and to accurately track improvements made by the project, in accordance with a plan described in paragraph (1). ‘‘(4) REPORTS.— ‘‘(A) PROJECT BASELINE.—Before the date of completion of a project for which a grant is provided under the pro- gram, the eligible entity carrying out the project shall submit to the Secretary a report providing baseline data for the purpose of analyzing the long-term impact of the project in accordance with the framework established under paragraph (2). ‘‘(B) UPDATED REPORT.—Not later than 6 years after the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report that compares the baseline data included in the report under subparagraph (A) to project data collected during the period— ‘‘(i) beginning on the date that is 5 years after the date of completion of the project; and ‘‘(ii) ending on the date on which the updated report is submitted. ‘‘(h) ELIGIBLE PROJECT COSTS.— H. R. 3684—240 ‘‘(1) IN GENERAL.—An eligible entity may use a grant pro- vided under the program for— ‘‘(A) development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alter- natives analysis, data collection and analysis, environ- mental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction analysis plan under subsection (g); and ‘‘(B) construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate cul- verts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contin- gencies, acquisition of equipment, protection, and oper- ational improvements directly relating to the project. ‘‘(2) INTEREST AND OTHER FINANCING COSTS.—The interest and other financing costs of carrying out any part of a project under a multiyear grant agreement within a reasonable period of time shall be considered to be an eligible project cost only if the applicable eligible entity certifies to the Secretary that the eligible entity has demonstrated reasonable diligence in seeking the most favorable financing terms. ‘‘(i) COST SHARING.— ‘‘(1) IN GENERAL.—The total amount awarded for a project under the program may not exceed 60 percent of the total eligible project costs described in subsection (h). ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), Fed- eral assistance other than a grant awarded under the pro- gram may be provided for a project for which a grant is awarded under the program. ‘‘(B) LIMITATION.—The total amount of Federal assist- ance provided for a project for which a grant is awarded under the program shall not exceed 80 percent of the total cost of the project. ‘‘(C) NON-FEDERAL SHARE.—Secured loans or financing provided under section 603 of title 23 or section 22402 of this title and repaid with local funds or revenues shall be considered to be part of the local share of the cost of a project. ‘‘(3) APPLICATION TO MULTIYEAR AGREEMENTS.—Notwith- standing any other provision of this title, in any case in which amounts are provided under the program pursuant to a multiyear agreement, the disbursed Federal share of the cost of the project may exceed the limitations described in para- graphs (1) and (2)(B) for 1 or more years if the total amount of the Federal share of the cost of the project, once completed, does not exceed those limitations. ‘‘(j) GRANT AGREEMENTS.— ‘‘(1) IN GENERAL.—A project for which an eligible entity receives a multiyear grant under the program shall be carried out in accordance with this subsection. ‘‘(2) TERMS.—A multiyear grant agreement under this sub- section shall— H. R. 3684—241 ‘‘(A) establish the terms of Federal participation in the applicable project; ‘‘(B) establish the maximum amount of Federal finan- cial assistance for the project; ‘‘(C) establish a schedule of anticipated Federal obliga- tions for the project that provides for obligation of the full grant amount; ‘‘(D) describe the period of time for completing the project, regardless of whether that period extends beyond the period of an authorization; and ‘‘(E) facilitate timely and efficient management of the applicable project by the eligible entity carrying out the project, in accordance with applicable law. ‘‘(3) SPECIAL RULES.— ‘‘(A) IN GENERAL.—A multiyear grant agreement under this subsection— ‘‘(i) shall provide for the obligation of an amount of available budget authority specified in law; ‘‘(ii) may include a commitment, contingent on amounts to be specified in law in advance for commit- ments under this paragraph, to obligate an additional amount from future available budget authority speci- fied in law; and ‘‘(iii) shall provide that any funds disbursed under the program for the project before the completion of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may only cover costs associated with development-phase activi- ties described in subsection (h)(1)(A). ‘‘(B) CONTINGENT COMMITMENT.—A contingent commit- ment under this paragraph is not an obligation of the Federal Government, including for purposes of section 1501 of title 31. ‘‘(4) SINGLE-YEAR GRANTS.—The Secretary may only provide to an eligible entity a full grant under the program in a single year if all reviews required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the applicable project have been completed before the receipt of any program funds. ‘‘(k) CONGRESSIONAL NOTIFICATION.— ‘‘(1) IN GENERAL.—Not later than 30 days before the date on which the Secretary publishes the selection of projects to receive grants under the program, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a written notice that includes— ‘‘(A) a list of all project applications reviewed by the Secretary as part of the selection process; ‘‘(B) the rating assigned to each project under sub- section (f)(4); ‘‘(C) an evaluation and justification with respect to each project for which the Secretary will— ‘‘(i) provide a grant under the program; and ‘‘(ii) enter into a multiyear grant agreement under the program; H. R. 3684—242 ‘‘(D) a description of the means by which the Secretary anticipates allocating among selected projects the amounts made available to the Secretary to carry out the program; and ‘‘(E) anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects selected for grants under the program, based on information available to the Secretary as of that date. ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Secretary may not provide a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 30-day period described in paragraph (1). ‘‘(l) REPORTS.— ‘‘(1) TRANSPARENCY.—Not later than 60 days after the date on which the grants are announced under the program, the Secretary shall publish on the website of the Department a report that includes— ‘‘(A) a list of all project applications reviewed by the Secretary as part of the selection process under the pro- gram; ‘‘(B) the rating assigned to each project under sub- section (f)(4); and ‘‘(C) a description of each project for which a grant has been provided under the program. ‘‘(2) COMPTROLLER GENERAL.— ‘‘(A) ASSESSMENT.—The Comptroller General of the United States shall conduct an assessment of the adminis- trative establishment, solicitation, selection, and justifica- tion process with respect to the funding of grants under the program. ‘‘(B) REPORT.—Not later than 18 months after the date on which the initial grants are awarded for projects under the program, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives a report that describes, as applicable— ‘‘(i) the adequacy and fairness of the process by which the projects were selected; and ‘‘(ii) the justification and criteria used for the selec- tion of the projects. ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out the program $2,000,000,000 for each of fiscal years 2022 through 2026. ‘‘(2) OTHER PROJECTS.—Of the amounts made available under paragraph (1), 50 percent shall be set aside for projects that have a project cost of— ‘‘(A) more than $100,000,000; but ‘‘(B) less than $500,000,000. ‘‘(3) ADMINISTRATIVE EXPENSES.—Of the amounts made available to carry out the program for each fiscal year, the Secretary may reserve not more than 2 percent for the costs of— ‘‘(A) administering and overseeing the program; and H. R. 3684—243 ‘‘(B) hiring personnel for the program, including per- sonnel dedicated to processing permitting and environ- mental review issues. ‘‘(4) TRANSFER OF AUTHORITY.—The Secretary may transfer any portion of the amounts reserved under paragraph (3) for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Fed- eral Railroad Administration, or the Maritime Administration to award and oversee grants in accordance with this section. ‘‘(n) ADDITIONAL REQUIREMENTS.— ‘‘(1) IN GENERAL.—Each project that receives a grant under this chapter shall achieve compliance with the applicable requirements of— ‘‘(A) subchapter IV of chapter 31 of title 40; ‘‘(B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and ‘‘(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(2) MODAL REQUIREMENTS.—The Secretary shall, with respect to a project funded by a grant under this section, apply— ‘‘(A) the requirements of title 23 to a highway, road, or bridge project; ‘‘(B) the requirements of chapter 53 to a transit project; and ‘‘(C) the requirements of section 22905 to a rail project. ‘‘(3) MULTIMODAL PROJECTS.— ‘‘(A) IN GENERAL.—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall— ‘‘(i) determine the predominant modal component of the project; and ‘‘(ii) apply the applicable requirements described in paragraph (2) of the predominant modal component to the project. ‘‘(B) EXCEPTIONS.— ‘‘(i) PASSENGER OR FREIGHT RAIL COMPONENT.— The requirements of section 22905 shall apply to any passenger or freight rail component of a project. ‘‘(ii) PUBLIC TRANSPORTATION COMPONENT.—The requirements of section 5333 shall apply to any public transportation component of a project.’’. SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE. (a) IN GENERAL.—Chapter 67 of subtitle III of title 49, United States Code (as added by section 21201), is amended by adding at the end the following: ‘‘§ 6702. Local and regional project assistance ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AREA OF PERSISTENT POVERTY.—The term ‘area of per- sistent poverty’ means— ‘‘(A) any county (or equivalent jurisdiction) in which, during the 30-year period ending on the date of enactment of this chapter, 20 percent or more of the population contin- ually lived in poverty, as measured by— ‘‘(i) the 1990 decennial census; H. R. 3684—244 ‘‘(ii) the 2000 decennial census; and ‘‘(iii) the most recent annual small area income and poverty estimate of the Bureau of the Census; ‘‘(B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018; and ‘‘(C) any territory or possession of the United States. ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) a State; ‘‘(B) the District of Columbia; ‘‘(C) any territory or possession of the United States; ‘‘(D) a unit of local government; ‘‘(E) a public agency or publicly chartered authority established by 1 or more States; ‘‘(F) a special purpose district or public authority with a transportation function, including a port authority; ‘‘(G) a federally recognized Indian Tribe or a consor- tium of such Indian Tribes; ‘‘(H) a transit agency; and ‘‘(I) a multi-State or multijurisdictional group of enti- ties described in any of subparagraphs (A) through (H). ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible project’ means— ‘‘(A) a highway or bridge project eligible for assistance under title 23; ‘‘(B) a public transportation project eligible for assist- ance under chapter 53; ‘‘(C) a passenger rail or freight rail transportation project eligible for assistance under this title; ‘‘(D) a port infrastructure investment, including— ‘‘(i) inland port infrastructure; and ‘‘(ii) a land port-of-entry; ‘‘(E) the surface transportation components of an air- port project eligible for assistance under part B of subtitle VII; ‘‘(F) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Govern- ment; ‘‘(G) a project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species that will advance the goal of the program described in subsection (b)(2); and ‘‘(H) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program. ‘‘(4) PROGRAM.—The term ‘program’ means the Local and Regional Project Assistance Program established under sub- section (b)(1). ‘‘(5) RURAL AREA.—The term ‘rural area’ means an area that is located outside of an urbanized area. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(7) URBANIZED AREA.—The term ‘urbanized area’ means an area with a population of more than 200,000 residents, based on the most recent decennial census. H. R. 3684—245 ‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary shall establish and carry out a program, to be known as the ‘Local and Regional Project Assistance Program’, to provide for capital investments in sur- face transportation infrastructure. ‘‘(2) GOAL.—The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure. ‘‘(c) GRANTS.— ‘‘(1) IN GENERAL.—In carrying out the program, the Sec- retary may make grants to eligible entities, on a competitive basis, in accordance with this section. ‘‘(2) AMOUNT.—Except as otherwise provided in this section, each grant made under the program shall be in an amount equal to— ‘‘(A) not less than $5,000,000 for an urbanized area; ‘‘(B) not less than $1,000,000 for a rural area; and ‘‘(C) not more than $25,000,000. ‘‘(3) LIMITATION.—Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year. ‘‘(d) SELECTION OF ELIGIBLE PROJECTS.— ‘‘(1) NOTICE OF FUNDING OPPORTUNITY.—Not later than 60 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds. ‘‘(2) APPLICATIONS.—To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application— ‘‘(A) in such form and containing such information as the Secretary considers to be appropriate; and ‘‘(B) by such date as the Secretary may establish, sub- ject to the condition that the date shall be not later than 90 days after the date on which the Secretary issues the solicitation under paragraph (1). ‘‘(3) PRIMARY SELECTION CRITERIA.—In awarding grants under the program, the Secretary shall evaluate the extent to which a project— ‘‘(A) improves safety; ‘‘(B) improves environmental sustainability; ‘‘(C) improves the quality of life of rural areas or urban- ized areas; ‘‘(D) increases economic competitiveness and oppor- tunity, including increasing tourism opportunities; ‘‘(E) contributes to a state of good repair; and ‘‘(F) improves mobility and community connectivity. ‘‘(4) ADDITIONAL SELECTION CRITERIA.—In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which— ‘‘(A) the project sponsors collaborated with other public and private entities; ‘‘(B) the project adopts innovative technologies or tech- niques, including— ‘‘(i) innovative technology; ‘‘(ii) innovative project delivery techniques; and ‘‘(iii) innovative project financing; H. R. 3684—246 ‘‘(C) the project has demonstrated readiness; and ‘‘(D) the project is cost effective. ‘‘(5) TRANSPARENCY.— ‘‘(A) IN GENERAL.—The Secretary, shall evaluate, through a methodology that is discernible and transparent to the public, the means by which each application sub- mitted under paragraph (2) addresses the criteria under paragraphs (3) and (4) or otherwise established by the Secretary. ‘‘(B) PUBLICATION.—The methodology under subpara- graph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program. ‘‘(6) AWARDS.—Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section. ‘‘(7) TECHNICAL ASSISTANCE.— ‘‘(A) IN GENERAL.—On request of an eligible entity that submitted an application under paragraph (2) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. ‘‘(B) TREATMENT.—Technical assistance provided under this paragraph shall not be considered a guarantee of future selection of the applicable project under the program. ‘‘(e) FEDERAL SHARE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent. ‘‘(2) EXCEPTION.—The Federal share of the cost of an eligible project carried out in a rural area, a historically dis- advantaged community, or an area of persistent poverty using a grant under this subsection may exceed 80 percent, at the discretion of the Secretary. ‘‘(3) TREATMENT OF OTHER FEDERAL FUNDS.—Amounts pro- vided under any of the following programs shall be considered to be a part of the non-Federal share for purposes of this subsection: ‘‘(A) The tribal transportation program under section 202 of title 23. ‘‘(B) The Federal lands transportation program under section 203 of title 23. ‘‘(C) The TIFIA program (as defined in section 601(a) of title 23). ‘‘(D) The Railroad Rehabilitation and Improvement Financing Program under chapter 224. ‘‘(f) OTHER CONSIDERATIONS.— ‘‘(1) IN GENERAL.—Of the total amount made available to carry out the program for each fiscal year— ‘‘(A) not more than 50 percent shall be allocated for eligible projects located in rural areas; and ‘‘(B) not more than 50 percent shall be allocated for eligible projects located in urbanized areas. ‘‘(2) HISTORICALLY DISADVANTAGED COMMUNITIES AND AREAS OF PERSISTENT POVERTY.—Of the total amount made H. R. 3684—247 available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in historically disadvantaged communities or areas of persistent poverty. ‘‘(3) MULTIMODAL AND GEOGRAPHICAL CONSIDERATIONS.— In selecting projects to receive grants under the program, the Secretary shall take into consideration geographical and modal diversity. ‘‘(g) PROJECT PLANNING.—Of the amounts made available to carry out the program for each fiscal year, not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects. ‘‘(h) TRANSFER OF AUTHORITY.—Of the amounts made available to carry out the program for each fiscal year, the Secretary may transfer not more than 2 percent for a fiscal year to the Adminis- trator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this section. ‘‘(i) CREDIT PROGRAM COSTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under— ‘‘(A) chapter 224; or ‘‘(B) chapter 6 of title 23. ‘‘(2) LIMITATION.—Not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to carry out paragraph (1). ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $1,500,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. ‘‘(k) REPORTS.— ‘‘(1) ANNUAL REPORT.—The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that describes each eligible project for which a grant was provided under the pro- gram during that fiscal year. ‘‘(2) COMPTROLLER GENERAL.—Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall— ‘‘(A) review the administration of the program, including— ‘‘(i) the solicitation process; and ‘‘(ii) the selection process, including— ‘‘(I) the adequacy and fairness of the process; and ‘‘(II) the selection criteria; and ‘‘(B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a report describing the findings of the review H. R. 3684—248 under subparagraph (A), including recommendations for improving the administration of the program, if any.’’. (b) STUDY.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a study of how changes to Federal share matching requirements and selection criteria, such as using State population data in Department discretionary programs, may impact the allocations made to States. (c) CLERICAL AMENDMENT.—The analysis for subtitle III of title 49, United States Code, is amended by adding at the end the following: ‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS ‘‘6701. National infrastructure project assistance. ‘‘6702. Local and regional project assistance.’’. SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RES- TORATION GRANT PROGRAM. (a) IN GENERAL.—Chapter 67 of title 49, United States Code (as amended by section 21202(a)), is amended by adding at the end the following: ‘‘§ 6703. National culvert removal, replacement, and restora- tion grant program ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) DIRECTOR.—The term ‘Director’ means the Director of the United States Fish and Wildlife Service. ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 5304). ‘‘(3) PROGRAM.—The term ‘program’ means the annual competitive grant program established under subsection (b). ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(5) UNDERSECRETARY.—The term ‘Undersecretary’ means the Undersecretary of Commerce for Oceans and Atmosphere. ‘‘(b) ESTABLISHMENT.—The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant pro- gram to award grants to eligible entities for projects for the replace- ment, removal, and repair of culverts or weirs that— ‘‘(1) would meaningfully improve or restore fish passage for anadromous fish; and ‘‘(2) with respect to weirs, may include— ‘‘(A) infrastructure to facilitate fish passage around or over the weir; and ‘‘(B) weir improvements. ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to receive a grant under the program is— ‘‘(1) a State; ‘‘(2) a unit of local government; or ‘‘(3) an Indian Tribe. ‘‘(d) GRANT SELECTION PROCESS.—The Secretary, in consulta- tion with the Undersecretary and the Director, shall establish a process for determining criteria for awarding grants under the program, subject to subsection (e). H. R. 3684—249 ‘‘(e) PRIORITIZATION.—The Secretary, in consultation with the Undersecretary and the Director, shall establish procedures to prioritize awarding grants under the program to— ‘‘(1) projects that would improve fish passage for— ‘‘(A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); ‘‘(B) anadromous fish stocks identified by the Undersec- retary or the Director that could reasonably become listed as an endangered species or a threatened species under that section; ‘‘(C) anadromous fish stocks identified by the Undersec- retary or the Director as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or ‘‘(D) anadromous fish stocks identified by the Undersec- retary or the Director as climate resilient stocks; and ‘‘(2) projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat. ‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project carried out with a grant to a State or a unit of local government under the program shall be not more than 80 percent. ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in consultation with the Undersecretary and the Director, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures. ‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts made avail- able for each fiscal year to carry out the program, the Secretary, the Undersecretary, and the Director may use not more than 2 percent to pay the administrative expenses necessary to carry out this section. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the program $800,000,000 for each of fiscal years 2022 through 2026.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 67 of title 49, United States Code (as added by section 21202(c)), is amended by adding at the end the following: ‘‘6703. National culvert removal, replacement, and restoration grant program.’’. SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH PROGRAM. (a) IN GENERAL.—Chapter 702 of title 49, United States Code (as amended by section 21106(a)), is amended by inserting after section 70204 the following: ‘‘§ 70205. National multimodal cooperative freight research program ‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ‘Secretary’) shall establish and support a national cooperative freight transportation research pro- gram. ‘‘(b) ADMINISTRATION BY NATIONAL ACADEMY OF SCIENCES.— ‘‘(1) IN GENERAL.—The Secretary shall enter into an agree- ment with the National Academy of Sciences to support and H. R. 3684—250 carry out administrative and management activities under the program established under subsection (a). ‘‘(2) ADVISORY COMMITTEE.—To assist the National Academy of Sciences in carrying out this subsection, the National Academy shall establish an advisory committee, the members of which represent a cross-section of multimodal freight stakeholders, including— ‘‘(A) the Department of Transportation and other rel- evant Federal departments and agencies; ‘‘(B) State (including the District of Columbia) depart- ments of transportation; ‘‘(C) units of local government, including public port authorities; ‘‘(D) nonprofit entities; ‘‘(E) institutions of higher education; ‘‘(F) labor organizations representing employees in freight industries; and ‘‘(G) private sector entities representing various transportation modes. ‘‘(c) ACTIVITIES.— ‘‘(1) NATIONAL RESEARCH AGENDA.— ‘‘(A) IN GENERAL.—The advisory committee established under subsection (b)(2), in consultation with interested par- ties, shall recommend a national research agenda for the program in accordance with subsection (d), which shall include a multiyear strategic plan. ‘‘(B) ACTION BY INTERESTED PARTIES.—For purposes of subparagraph (A), an interested party may— ‘‘(i) submit to the advisory committee research pro- posals; ‘‘(ii) participate in merit reviews of research pro- posals and peer reviews of research products; and ‘‘(iii) receive research results. ‘‘(2) RESEARCH CONTRACTS AND GRANTS.— ‘‘(A) IN GENERAL.—The National Academy of Sciences may award research contracts and grants under the pro- gram established under subsection (a) through— ‘‘(i) open competition; and ‘‘(ii) merit review, conducted on a regular basis. ‘‘(B) EVALUATION.— ‘‘(i) PEER REVIEW.—A contract or grant for research under subparagraph (A) may allow peer review of the research results. ‘‘(ii) PROGRAMMATIC EVALUATIONS.—The National Academy of Sciences may conduct periodic pro- grammatic evaluations on a regular basis of a contract or grant for research under subparagraph (A). ‘‘(C) DISSEMINATION OF FINDINGS.—The National Academy of Sciences shall disseminate the findings of any research conducted under this paragraph to relevant researchers, practitioners, and decisionmakers through— ‘‘(i) conferences and seminars; ‘‘(ii) field demonstrations; ‘‘(iii) workshops; ‘‘(iv) training programs; ‘‘(v) presentations; ‘‘(vi) testimony to government officials; H. R. 3684—251 ‘‘(vii) publicly accessible websites; ‘‘(viii) publications for the general public; and ‘‘(ix) other appropriate means. ‘‘(3) REPORT.—Not later than 1 year after the date of establishment of the program under subsection (a), and annually thereafter, the Secretary shall make available on a public website a report that describes the ongoing research and findings under the program. ‘‘(d) AREAS FOR RESEARCH.—The national research agenda under subsection (c)(1) shall consider research in the following areas: ‘‘(1) Improving the efficiency and resiliency of freight move- ment, including— ‘‘(A) improving the connections between rural areas and domestic and foreign markets; ‘‘(B) maximizing infrastructure utility, including improving urban curb-use efficiency; ‘‘(C) quantifying the national impact of blocked railroad crossings; ‘‘(D) improved techniques for estimating and quanti- fying public benefits derived from freight transportation projects; and ‘‘(E) low-cost methods to reduce congestion at bottle- necks. ‘‘(2) Adapting to future trends in freight, including— ‘‘(A) considering the impacts of e-commerce; ‘‘(B) automation; and ‘‘(C) zero-emissions transportation. ‘‘(3) Workforce considerations in freight, including— ‘‘(A) diversifying the freight transportation industry workforce; and ‘‘(B) creating and transitioning a workforce capable of designing, deploying, and operating emerging tech- nologies. ‘‘(e) FEDERAL SHARE.— ‘‘(1) IN GENERAL.—The Federal share of the cost of an activity carried out under this section shall be up to 100 per- cent. ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition to using funds made available to carry out this section, the National Academy of Sciences may seek and accept additional funding from public and private entities capable of accepting funding from the Department of Transportation, States, units of local government, nonprofit entities, and the private sector. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary $3,750,000 for each fiscal year to carry out the program established under subsection (a), to remain available until expended. ‘‘(g) SUNSET.—The program established under subsection (a) shall terminate 5 years after the date of enactment of this section.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 702 of title 49, United States Code (as amended by section 21106(b)), is amended by inserting after the item relating to section 70204 the following: ‘‘70205. National multimodal cooperative freight research program.’’. H. R. 3684—252 SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT. (a) DEFINITIONS.—In this section: (1) BUILD AMERICA BUREAU.—The term ‘‘Build America Bureau’’ means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code. (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— (A) a unit of local government or political subdivision that is located outside of an urbanized area with a popu- lation of more than 150,000 residents, as determined by the Bureau of the Census; (B) a State seeking to advance a project located in an area described in subparagraph (A); (C) a federally recognized Indian Tribe; and (D) the Department of Hawaiian Home Lands. (3) ELIGIBLE PROGRAM.—The term ‘‘eligible program’’ means any program described in— (A) subparagraph (A) or (B) of section 116(d)(1) of title 49, United States Code; (B) section 118(d)(3)(A) of that title (as added by section 21101(a)); or (C) chapter 67 of that title (as added by section 21201). (4) PILOT PROGRAM.—The term ‘‘pilot program’’ means the Rural and Tribal Assistance Pilot Program established under subsection (b)(1). (b) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary shall establish within the Build America Bureau a pilot program, to be known as the ‘‘Rural and Tribal Assistance Pilot Program’’, to provide to eligible entities the assistance and information described in paragraph (2). (2) ASSISTANCE AND INFORMATION.—In carrying out the pilot program, the Secretary may provide to an eligible entity the following: (A) Financial, technical, and legal assistance to evaluate potential projects reasonably expected to be eligible to receive funding or financing assistance under an eligible program. (B) Assistance with development-phase activities, including— (i) project planning; (ii) feasibility studies; (iii) revenue forecasting and funding and financing options analyses; (iv) environmental review; (v) preliminary engineering and design work; (vi) economic assessments and cost-benefit anal- yses; (vii) public benefit studies; (viii) statutory and regulatory framework analyses; (ix) value for money studies; (x) evaluations of costs to sustain the project; (xi) evaluating opportunities for private financing and project bundling; and (xii) any other activity determined to be appro- priate by the Secretary. H. R. 3684—253 (C) Information regarding innovative financing best practices and case studies, if the eligible entity is interested in using innovative financing methods. (c) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain the services of expert firms, including counsel, in the field of munic- ipal and project finance to assist in providing financial, technical, and legal assistance to eligible entities under the pilot program. (d) WEBSITE.— (1) DESCRIPTION OF PILOT PROGRAM.— (A) IN GENERAL.—The Secretary shall make publicly available on the website of the Department a description of the pilot program, including— (i) the resources available to eligible entities under the pilot program; and (ii) the application process established under para- graph (2)(A). (B) CLEARINGHOUSE.—The Secretary may establish a clearinghouse for tools, templates, and best practices on the page of the website of the Department that contains the information described in subparagraph (A). (2) APPLICATIONS.— (A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process by which an eligible entity may submit to the Secretary an application under the pilot program, in such form and containing such information as the Secretary may require. (B) ONLINE PORTAL.—The Secretary shall develop and make available to the public an online portal through which the Secretary may receive applications under subparagraph (A), on a rolling basis. (C) APPROVAL.— (i) IN GENERAL.—Not later than 60 days after the date on which the Secretary receives a complete application under subparagraph (A), the Secretary shall provide to each eligible entity that submitted the application a notice describing whether the applica- tion is approved or disapproved. (ii) ADDITIONAL WRITTEN NOTIFICATION.— (I) IN GENERAL.—Not later than 30 days after the date on which the Secretary provides to an eligible entity a notification under clause (i), the Secretary shall provide to the eligible entity an additional written notification of the approval or disapproval of the application. (II) DISAPPROVED APPLICATIONS.—If the application of an eligible entity is disapproved under this subparagraph, the additional written notification provided to the eligible entity under subclause (I) shall include an offer for a written or telephonic debrief by the Secretary that will provide an explanation of, and guidance regarding, the reasons why the application was disapproved. (iii) INSUFFICIENT APPLICATIONS.—The Secretary shall not approve an application under this subpara- graph if the application fails to meet the applicable criteria established under this section. H. R. 3684—254 (3) DASHBOARD.—The Secretary shall publish on the website of the Department a monthly report that includes, for each application received under the pilot program— (A) the type of eligible entity that submitted the application; (B) the location of each potential project described in the application; (C) a brief description of the assistance requested; (D) the date on which the Secretary received the application; and (E) the date on which the Secretary provided the notice of approval or disapproval under paragraph (2)(C)(i). (e) EXPERTS.—An eligible entity that receives assistance under the pilot program may retain the services of an expert for any phase of a project carried out using the assistance, including project development, regardless of whether the expert is retained by the Secretary under subsection (c). (f) FUNDING.— (1) IN GENERAL.—For each of fiscal years 2022 through 2026, the Secretary may use to carry out the pilot program, including to retain the services of expert firms under subsection (c), any amount made available to the Secretary to provide credit assistance under an eligible program that is not other- wise obligated, subject to paragraph (2). (2) LIMITATION.—The amount used under paragraph (1) to carry out the pilot program shall be not more than— (A) $1,600,000 for fiscal year 2022; (B) $1,800,000 for fiscal year 2023; (C) $2,000,000 for fiscal year 2024; (D) $2,200,000 for fiscal year 2025; and (E) $2,400,000 for fiscal year 2026. (3) GEOGRAPHICAL DISTRIBUTION.—Not more than 20 per- cent of the funds made available to carry out the pilot program for a fiscal year may be used for projects in a single State during that fiscal year. (g) SUNSET.—The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act. (h) NONAPPLICABILITY.—Nothing in this section limits the ability of the Build America Bureau or the Secretary to establish or carry out any other assistance program under title 23 or title 49, United States Code. (i) ADMINISTRATION BY BUILD AMERICA BUREAU.—Section 116(d)(1) of title 49, United States Code (as amended by section 21101(d)(4)), is amended by adding at the end the following: ‘‘(D) The Rural and Tribal Assistance Pilot Program established under section 21205(b)(1) of the Surface Transportation Investment Act of 2021.’’. Subtitle C—Railroad Rehabilitation and Improvement Financing Reforms SEC. 21301. RRIF CODIFICATION AND REFORMS. (a) CODIFICATION OF TITLE V OF THE RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976.—Part B of subtitle V of title 49, United States Code, is amended— H. R. 3684—255 (1) by inserting after chapter 223 the following chapter analysis: ‘‘CHAPTER 224—RAILROAD REHABILITATION AND IMPROVEMENT FINANCING ‘‘Sec. ‘‘22401. Definitions. ‘‘22402. Direct loans and loan guarantees. ‘‘22403. Administration of direct loans and loan guarantees. ‘‘22404. Employee protection. ‘‘22405. Substantive criteria and standards. ‘‘22406. Authorization of appropriations.’’; (2) by inserting after the chapter analysis the following section headings: ‘‘§ 22401. Definitions ‘‘§ 22402. Direct loans and loan guarantees ‘‘§ 22403. Administration of direct loans and loan guarantees ‘‘§ 22404. Employee protection’’; (3) by inserting after the section heading for section 22401, as added by paragraph (2), the text of section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821); (4) by inserting after the section heading for section 22402, as added by paragraph (2), the text of section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822); (5) by inserting after the section heading for section 22403, as added by paragraph (2), the text of section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823); and (6) by inserting after the section heading for section 22404, as added by paragraph (2), the text of section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836). (b) CONFORMING REPEALS.— (1) REPEALS.— (A) Sections 501, 502, 503, and 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821, 822, 823, and 836) are repealed. (B) Section 9003(j) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (45 U.S.C. 822 note) is repealed. (2) SAVINGS PROVISION.—The repeals under paragraph (1) shall not affect the rights and duties that matured under the repealed sections, the penalties that were incurred under such sections, or any proceeding authorized under any such section that commenced before the date of enactment of this Act. (c) DEFINITIONS.— (1) HEADINGS.—Section 22401 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(3), is further amended— (A) in paragraph (1)— (i) by striking ‘‘(1)(A) The’’ and inserting the fol- lowing: ‘‘(1) COST.— ‘‘(A) The’’; and H. R. 3684—256 (ii) by indenting subparagraphs (B) through (F) appropriately; and (B) in each of paragraphs (2) through (14), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph. (2) OTHER TECHNICAL AMENDMENTS.—Section 22401 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(3) and paragraph (1) of this sub- section, is further amended— (A) in the matter preceding paragraph (1), by striking ‘‘For purposes of this title:’’ and inserting ‘‘In this chapter:’’; (B) in paragraph (11), by striking ‘‘under this title’’ and inserting ‘‘under this chapter’’; (C) by amending paragraph (12) to read as follows: ‘‘(12) RAILROAD.—The term ‘railroad’ includes— ‘‘(A) any railroad or railroad carrier (as such terms are defined in section 20102); and ‘‘(B) any rail carrier (as defined in section 24102).’’; (D) by redesignating paragraph (14) as paragraph (15); and (E) by inserting after paragraph (13) the following: ‘‘(14) SECRETARY.—The term ‘Secretary’ means the Sec- retary of Transportation.’’. (d) DIRECT LOANS AND LOAN GUARANTEES.—Section 22402 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(4), is further amended— (1) in subsection (a)— (A) in paragraph (2), by inserting ‘‘entities imple- menting’’ before ‘‘interstate compacts’’; (B) in paragraph (5)— (i) by inserting ‘‘entities participating in’’ before ‘‘joint ventures’’; and (ii) by striking ‘‘and’’ at the end; and (C) by striking paragraph (6) and inserting the fol- lowing: ‘‘(6) limited option freight shippers that own or operate a plant or other facility, solely for the purpose of constructing a rail connection between a plant or facility and a railroad; and ‘‘(7) private entities with controlling ownership in 1 or more freight railroads other than Class I carriers.’’; (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: ‘‘(1) IN GENERAL.—Direct loans and loan guarantees author- ized under this section shall be used— ‘‘(A) to acquire, improve, or rehabilitate intermodal or rail equipment or facilities, including track, components of track, cuts and fills, stations, tunnels, bridges, yards, buildings, and shops, and to finance costs related to those activities, including pre-construction costs; ‘‘(B) to develop or establish new intermodal or railroad facilities; ‘‘(C) to develop landside port infrastructure for seaports serviced by rail; ‘‘(D) to refinance outstanding debt incurred for the purposes described in subparagraph (A) , (B), or (C); H. R. 3684—257 ‘‘(E) to reimburse planning, permitting, and design expenses relating to activities described in subparagraph (A), (B), or (C); or ‘‘(F) to finance economic development, including commercial and residential development, and related infra- structure and activities, that— ‘‘(i) incorporates private investment of greater than 20 percent of total project costs; ‘‘(ii) is physically connected to, or is within 1⁄2 mile of, a fixed guideway transit station, an intercity bus station, a passenger rail station, or a multimodal station, provided that the location includes service by a railroad; ‘‘(iii) demonstrates the ability of the applicant to commence the contracting process for construction not later than 90 days after the date on which the direct loan or loan guarantee is obligated for the project under this chapter; and ‘‘(iv) demonstrates the ability to generate new rev- enue for the relevant passenger rail station or service by increasing ridership, increasing tenant lease pay- ments, or carrying out other activities that generate revenue exceeding costs.’’; and (B) by striking paragraph (3); (3) in subsection (c)— (A) in paragraph (1), by striking ‘‘of title 49, United States Code’’; and (B) in paragraph (5), by striking ‘‘title 49, United States Code,’’ and inserting ‘‘this title’’; (4) in subsection (e), by amending paragraph (1) to read as follows: ‘‘(1) DIRECT LOANS.—The interest rate on a direct loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agree- ment.’’; (5) in subsection (f)— (A) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking ‘‘An applicant may propose and’’ and inserting ‘‘Upon receipt of a proposal from an applicant under this section,’’; and (II) by striking ‘‘tangible asset’’ and inserting ‘‘collateral described in paragraph (6)’’; (ii) in subparagraph (B)(ii), by inserting ‘‘, including operating or tenant charges, facility rents, or other fees paid by transportation service providers or operators for access to, or the use of, infrastructure, including rail lines, bridges, tunnels, yards, or stations’’ after ‘‘user fees’’; (iii) in subparagraph (C), by striking ‘‘$75,000,000’’ and inserting ‘‘$150,000,000’’; and (iv) by adding at the end the following: ‘‘(D) Revenue from projected freight or passenger demand for the project based on regionally developed eco- nomic forecasts, including projections of any modal diver- sion resulting from the project.’’; and H. R. 3684—258 (B) by adding at the end the following: ‘‘(5) COHORTS OF LOANS.—Subject to the availability of funds appropriated by Congress under section 22406(a)(2), for any direct loan issued before the date of enactment of the Fixing America’s Surface Transportation Act (Public Law 114– 94) pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than— ‘‘(A) 60 days after the date of enactment of the Surface Transportation Investment Act of 2021 if the borrower has satisfied all obligations attached to such loan; or ‘‘(B) if the borrower has not yet satisfied all obligations attached to such loan, 60 days after the date on which all obligations attached to such loan have been satisfied. ‘‘(6) COLLATERAL.— ‘‘(A) TYPES OF COLLATERAL.—An applicant or infra- structure partner may propose tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, after evaluating each such asset— ‘‘(i) shall accept a net liquidation value of collat- eral; and ‘‘(ii) shall consider and may accept— ‘‘(I) the market value of collateral; or ‘‘(II) in the case of a blanket pledge or assign- ment of an entire operating asset or basket of assets as collateral, the market value of assets, or, the market value of the going concern, consid- ering— ‘‘(aa) inclusion in the pledge of all the assets necessary for independent operational utility of the collateral, including tangible assets such as real property, track and struc- ture, motive power, equipment and rolling stock, stations, systems and maintenance facilities and intangible assets such as long- term shipping agreements, easements, leases and access rights such as for trackage and haulage; ‘‘(bb) interchange commitments; and ‘‘(cc) the value of the asset as determined through the cost or market approaches, or the market value of the going concern, with the latter considering discounted cash flows for a period not to exceed the term of the direct loan or loan guarantee. ‘‘(B) APPRAISAL STANDARDS.—In evaluating appraisals of collateral under subparagraph (A), the Secretary shall consider— ‘‘(i) adherence to the substance and principles of the Uniform Standards of Professional Appraisal Prac- tice, as developed by the Appraisal Standards Board of the Appraisal Foundation; and ‘‘(ii) the qualifications of the appraisers to value the type of collateral offered. ‘‘(7) REPAYMENT OF CREDIT RISK PREMIUMS.—The Secretary shall return credit risk premiums paid, and interest accrued H. R. 3684—259 on such premiums, to the original source when all obligations of a loan or loan guarantee have been satisfied. This paragraph applies to any project that has been granted assistance under this section after the date of enactment of the Surface Transpor- tation Investment Act of 2021.’’; (6) in subsection (g), by amending paragraph (1) the read as follows: ‘‘(1) repayment of the obligation is required to be made within a term that is not longer than the shorter of— ‘‘(A) 75 years after the date of substantial completion of the project; ‘‘(B) the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, devel- oped, or established, subject to an adequate determination of long-term risk; or ‘‘(C) for projects determined to have an estimated use- ful life that is longer than 35 years, the period that is equal to the sum of— ‘‘(i) 35 years; and ‘‘(ii) the product of— ‘‘(I) the difference between the estimated use- ful life and 35 years; multiplied by ‘‘(II) 75 percent.’’; (7) in subsection (h)— (A) in paragraph (3)— (i) in subparagraph (A)— (I) by striking ‘‘of title 49, United States Code’’; (II) by striking ‘‘the National Railroad Pas- senger Corporation’’ and inserting ‘‘Amtrak’’; and (III) by striking ‘‘of that title’’; and (ii) in subparagraph (B), by striking ‘‘section 504 of this Act’’ and inserting ‘‘section 22404’’; and (B) in paragraph (4), by striking ‘‘(b)(1)(E)’’ and inserting ‘‘(b)(1)(F)’’; (8) in subsection (i)— (A) by amending paragraph (4) to read as follows: ‘‘(4) STREAMLINED APPLICATION REVIEW PROCESS.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of enactment of the Surface Transportation Invest- ment Act of 2021, the Secretary shall implement procedures and measures to economize and make available an stream- lined application process or processes at the request of applicants seeking loans or loan guarantees. ‘‘(B) CRITERIA.—Applicants seeking loans and loan guarantees under this section shall— ‘‘(i) seek a total loan or loan guarantee value not exceeding $150,000,000; ‘‘(ii) meet eligible project purposes described in subparagraphs (A) and (B) of subsection (b)(1); and ‘‘(iii) meet other criteria considered appropriate by the Secretary, in consultation with the Council on Credit and Finance of the Department of Transpor- tation. ‘‘(C) EXPEDITED CREDIT REVIEW.—The total period between the submission of an application and the approval or disapproval of an application for a direct loan or loan guarantee under this paragraph may not exceed 90 days. H. R. 3684—260 If an application review conducted under this paragraph exceeds 90 days, the Secretary shall— ‘‘(i) provide written notice to the applicant, including a justification for the delay and updated estimate of the time needed for approval or dis- approval; and ‘‘(ii) publish the notice on the dashboard described in paragraph (5).’’; (B) in paragraph (5)— (i) in subparagraph (E), by striking ‘‘and’’ at the end; (ii) in subparagraph (F), by adding ‘‘; and’’ at the end; and (iii) by adding at the end the following: ‘‘(G) whether the project utilized the streamlined application process under paragraph (4).’’; and (C) by adding at the end the following: ‘‘(6) CREDITWORTHINESS REVIEW STATUS.— ‘‘(A) IN GENERAL.—The Secretary shall maintain status information related to each application for a loan or loan guarantee, which shall be provided to the applicant upon request, including— ‘‘(i) the total value of the proposed loan or loan guarantee; ‘‘(ii) the name of the applicant or applicants submitting the application; ‘‘(iii) the proposed capital structure of the project to which the loan or loan guarantee would be applied, including the proposed Federal and non-Federal shares of the total project cost; ‘‘(iv) the type of activity to receive credit assistance, including whether the project is new construction, the rehabilitation of existing rail equipment or facilities, or the refinancing an existing loan or loan guarantee; ‘‘(v) if a deferred payment is proposed, the length of such deferment; ‘‘(vi) the credit rating or ratings provided for the applicant; ‘‘(vii) if other credit instruments are involved, the proposed subordination relationship and a description of such other credit instruments; ‘‘(viii) a schedule for the readiness of proposed investments for financing; ‘‘(ix) a description of any Federal permits required, including under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any waivers under section 5323(j) (commonly known as the ‘Buy America Act’); ‘‘(x) other characteristics of the proposed activity to be financed, borrower, key agreements, or the nature of the credit that the Secretary considers to be funda- mental to the creditworthiness review; ‘‘(xi) the status of the application in the pre- application review and selection process; ‘‘(xii) the cumulative amounts paid by the Sec- retary to outside advisors related to the application, including financial and legal advisors; H. R. 3684—261 ‘‘(xiii) a description of the key rating factors used by the Secretary to determine credit risk, including— ‘‘(I) the factors used to determine risk for the proposed application; ‘‘(II) an adjectival risk rating for each identi- fied factor, ranked as either low, moderate, or high; ‘‘(xiv) a nonbinding estimate of the credit risk pre- mium, which may be in the form of— ‘‘(I) a range, based on the assessment of risk factors described in clause (xiii); or ‘‘(II) a justification for why the estimate of the credit risk premium cannot be determined based on available information; and ‘‘(xv) a description of the key information the Sec- retary needs from the applicant to complete the credit review process and make a final determination of the credit risk premium. ‘‘(B) REPORT UPON REQUEST.—The Secretary shall pro- vide the information described in subparagraph (A) not later than 30 days after a request from the applicant. ‘‘(C) EXCEPTION.—Applications processed using the streamlined application review process under paragraph (4) are not subject to the requirements under this para- graph.’’; (9) in subsection (l)(2)(A)(iii), by striking ‘‘under this title’’ and inserting ‘‘under this chapter’’; (10) in subsection (m)(1), by striking ‘‘under this title’’ and inserting ‘‘under this chapter’’; and (11) by adding at the end the following: ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan provided under this section may be used as the non-Federal share of project costs for any grant program administered by the Secretary if such loan is repayable from non-Federal funds.’’. (e) ADMINISTRATION OF DIRECT LOANS AND LOAN GUARAN- TEES.—Section 22403 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(5), is further amended— (1) in subsection (a)— (A) by striking ‘‘The Secretary shall’’ and inserting the following: ‘‘(1) IN GENERAL.—The Secretary shall’’; (B) in paragraph (1), as designated by subparagraph (A), by striking ‘‘section 502’’ and inserting ‘‘section 22402’’; and (C) by adding at the end the following: ‘‘(2) DOCUMENTATION.—An applicant meeting the size standard for small business concerns established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) may provide unaudited financial statements as documentation of historical financial information if such statements are accom- panied by the applicant’s Federal tax returns and Internal Revenue Service tax verifications for the corresponding years.’’; (2) in subsection (d)(3), by striking ‘‘section 502(f)’’ and inserting ‘‘section 22402(f)’’; (3) in subsection (l)(3)(B), by striking ‘‘serving a direct loan’’ and inserting ‘‘servicing a direct loan’’; and (4) in each of subsections (b) through (m), as applicable— H. R. 3684—262 (A) by striking ‘‘section 502’’ each place it appears and inserting ‘‘section 22402’’; and (B) by striking ‘‘this title’’ each place it appears and inserting ‘‘this chapter’’. (f) EMPLOYEE PROTECTION.—Section 22404 of title 49, United States Code, as added by subsection (a)(2), and amended by sub- section (a)(6), is further amended— (1) in subsection (a)— (A) by striking ‘‘not otherwise protected under title V of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et seq.),’’; (B) by striking ‘‘under this title’’ and inserting ‘‘under this chapter’’; (C) by striking ‘‘within 120 days after the date of enactment of this title’’ and inserting ‘‘not later than 120 days after February 5, 1976’’; and (D) by striking ‘‘within 150 days after the date of enactment of this title’’ and inserting ‘‘not later than 150 days after February 5, 1976’’; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking ‘‘applicable financial assistance under this title’’ and inserting ‘‘applicable financial assistance under this chapter’’; and (ii) by striking ‘‘from financial assistance under this title’’ and inserting ‘‘from financial assistance under this chapter’’; (B) in paragraph (3), by striking ‘‘under this title’’ and inserting ‘‘under this chapter’’; and (C) in paragraph (4), by striking ‘‘to this title’’ and inserting ‘‘to this chapter’’; and (3) in subsection (c), by striking ‘‘to this title’’ and inserting ‘‘to this chapter’’. (g) SUBSTANTIVE CRITERIA AND STANDARDS.—Chapter 224 of title 49, United States Code, as added by subsection (a), and amended by subsections (c) through (f), is further amended by adding at the end the following: ‘‘§ 22405. Substantive criteria and standards ‘‘The Secretary shall— ‘‘(1) publish in the Federal Register and post on a website of the Department of Transportation the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 22402; and ‘‘(2) ensure that adequate procedures and guidelines are in place to permit the filing of complete applications not later than 30 days after the publication referred to in paragraph (1).’’. (h) AUTHORIZATION OF APPROPRIATIONS.—Chapter 224 of title 49, United States Code, as added by subsection (a), and amended by subsections (c) through (g), is further amended by adding at the end the following: ‘‘§ 22406. Authorization of appropriations. ‘‘(a) AUTHORIZATION.— H. R. 3684—263 ‘‘(1) IN GENERAL.—There is authorized to be appropriated for credit assistance under this chapter, which shall be provided at the discretion of the Secretary, $50,000,000 for each of fiscal years 2022 through 2026. ‘‘(2) REFUND OF PREMIUM.—There is authorized to be appro- priated to the Secretary $70,000,000 to repay the credit risk premium in accordance with section 22402(f)(5). ‘‘(3) AVAILABILITY.—Amounts appropriated pursuant to this subsection shall remain available until expended. ‘‘(b) USE OF FUNDS.— ‘‘(1) IN GENERAL.—Credit assistance provided under sub- section (a) may not exceed $20,000,000 for any loan or loan guarantee. ‘‘(2) ADMINISTRATIVE COSTS.—Not less than 3 percent of the amounts appropriated pursuant to subsection (a) in each fiscal year shall be made available to the Secretary for use in place of charges collected under section 22403(l)(1) for pas- senger railroads and freight railroads other than Class I car- riers. ‘‘(3) SHORT LINE SET-ASIDE.—Not less than 50 percent of the amounts appropriated pursuant to subsection (a)(1) for each fiscal year shall be set aside for freight railroads other than Class I carriers.’’. (i) CLERICAL AMENDMENT.—The analysis for title 49, United States Code, is amended by inserting after the item relating to chapter 223 the following: ‘‘224 . Railroad rehabilitation and improvement financing ....................22401’’. (j) TECHNICAL AND CONFORMING AMENDMENTS.— (1) NATIONAL TRAILS SYSTEM ACT.—Section 8(d) of the National Trails System Act (16 U.S.C. 1247(d)) is amended by inserting ‘‘(45 U.S.C. 801 et seq.) and chapter 224 of title 49, United States Code’’ after ‘‘1976’’. (2) PASSENGER RAIL REFORM AND INVESTMENT ACT.—Section 11315(c) of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C. 322 note; Public Law 114–94) is amended by striking ‘‘sections 502 and 503 of the Railroad Revitalization and Regulatory Reform Act of 1976’’ and inserting ‘‘sections 22402 and 22403 of title 49, United States Code’’. (3) PROVISIONS CLASSIFIED IN TITLE 45, UNITED STATES CODE.— (A) RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976.—Section 101 of the Railroad Revital- ization and Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended— (i) in subsection (a), in the matter preceding para- graph (1), by striking ‘‘It is the purpose of the Congress in this Act to’’ and inserting ‘‘The purpose of this Act and chapter 224 of title 49, United States Code, is to’’; and (ii) in subsection (b), in the matter preceding para- graph (1), by striking ‘‘It is declared to be the policy of the Congress in this Act’’ and inserting ‘‘The policy of this Act and chapter 224 of title 49, United States Code, is’’. (B) RAILROAD INFRASTRUCTURE FINANCING IMPROVE- MENT ACT.—The Railroad Infrastructure Financing H. R. 3684—264 Improvement Act (subtitle F of title XI of Public Law 114–94) is amended— (i) in section 11607(b) (45 U.S.C. 821 note), by striking ‘‘All provisions under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and inserting ‘‘All provisions under section 22402 through 22404 of title 49, United States Code,’’; and (ii) in section 11610(b) (45 U.S.C. 821 note), by striking ‘‘section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act’’ and inserting ‘‘section 22402(f) of title 49, United States Code’’. (C) TRANSPORTATION EQUITY ACT FOR THE 21ST CEN- TURY.—Section 7203(b)(2) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 45 U.S.C. 821 note) is amended by striking ‘‘title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and inserting ‘‘chapter 224 of title 49, United States Code,’’. (D) HAMM ALERT MARITIME SAFETY ACT OF 2018.—Sec- tion 212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II of Public Law 115–265; 45 U.S.C. 822 note) is amended, in the matter preceding subparagraph (A), by striking ‘‘for purposes of section 502(f)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))’’ and inserting ‘‘for purposes of section 22402 of title 49, United States Code’’. (E) MILWAUKEE RAILROAD RESTRUCTURING ACT.—Sec- tion 15(f) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is amended by striking ‘‘Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ and inserting ‘‘Section 22404 of title 49, United States Code,’’. (F) ROCK ISLAND RAILROAD TRANSITION AND EMPLOYEE ASSISTANCE ACT.—Section 104(b) of the Rock Island Rail- road Transition and Employee Assistance Act (45 U.S.C. 1003(b)) is amended— (i) in paragraph (1)— (I) by striking ‘‘title V of the Railroad Revital- ization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and inserting ‘‘chapter 224 of title 49, United States Code,’’; and (II) by striking ‘‘and section 18(b) of the Mil- waukee Railroad Restructuring Act’’; and (ii) in paragraph (2), by striking ‘‘title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act (45 U.S.C. 836)’’ and inserting ‘‘chapter 224 of title 49, United States Code, including section 22404 of such title,’’. (4) TITLE 49.— (A) NATIONAL SURFACE TRANSPORTATION AND INNOVA- TIVE FINANCE BUREAU.—Section 116(d)(1)(B) of title 49, United States Code, is amended by striking ‘‘sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821–823)’’ and inserting ‘‘sections 22401 through 22403’’. H. R. 3684—265 (B) PROHIBITED DISCRIMINATION.—Section 306(b) of title 49, United States Code, is amended— (i) by striking ‘‘chapter 221 or 249 of this title,’’ and inserting ‘‘chapter 221, 224, or 249 of this title, or’’; and (ii) by striking ‘‘, or title V of the Railroad Revital- ization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)’’. (C) PASSENGER RAIL REFORM AND INVESTMENT ACT OF 2015.—Section 11311(d) of the Passenger Rail Reform and Investment Act of 2015 (Public Law 114–94; 49 U.S.C. 20101 note) is amended by striking ‘‘, and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822)’’. (D) GRANT CONDITIONS.—Section 22905(c)(2)(B) of title 49, United States Code, is amended by striking ‘‘section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ and inserting ‘‘section 22404’’. (E) PASSENGER RAIL INVESTMENT AND IMPROVEMENT ACT OF 2008.—Section 205(g) of the Passenger Rail Invest- ment and Improvement Act of 2008 (division B of Public Law 110–432; 49 U.S.C. 24101 note) is amended by striking ‘‘title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and inserting ‘‘chapter 224 of title 49, United States Code’’. (F) AMTRAK AUTHORITY.—Section 24903 of title 49, United States Code, is amended— (i) in subsection (a)(6), by striking ‘‘and the Rail- road Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and inserting ‘‘, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title’’; and (ii) in subsection (c)(2), by striking ‘‘and the Rail- road Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and inserting ‘‘, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title’’. SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS. Not later than 180 days after the date of enactment of this Act, the Secretary shall update the publicly available credit program guide in accordance with the provisions of chapter 224 of title 49, United States Code, as added by section 21301. SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOP- MENT ELIGIBILITY. Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary shall submit a report to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that identifies— (1) the number of applications submitted to the Department for a direct loan or loan guarantee under section 22402(b)(1)(E) of title 49, United States Code, as amended by section 21301; (2) the number of such loans or loan guarantees that were provided to the applicants; and H. R. 3684—266 (3) for each such application, the reasons for providing or declining to provide the requested loan or loan guarantee. TITLE II—RAIL SEC. 22001. SHORT TITLE. This title may be cited as the ‘‘Passenger Rail Expansion and Rail Safety Act of 2021’’. Subtitle A—Authorization of Appropriations SEC. 22101. GRANTS TO AMTRAK. (a) NORTHEAST CORRIDOR.—There are authorized to be appro- priated to the Secretary for grants to Amtrak for activities associ- ated with the Northeast Corridor the following amounts: (1) For fiscal year 2022, $1,570,000,000. (2) For fiscal year 2023, $1,100,000,000. (3) For fiscal year 2024, $1,200,000,000. (4) For fiscal year 2025, $1,300,000,000. (5) For fiscal year 2026, $1,400,000,000. (b) NATIONAL NETWORK.—There are authorized to be appro- priated to the Secretary for grants to Amtrak for activities associ- ated with the National Network the following amounts: (1) For fiscal year 2022, $2,300,000,000. (2) For fiscal year 2023, $2,200,000,000. (3) For fiscal year 2024, $2,450,000,000. (4) For fiscal year 2025, $2,700,000,000. (5) For fiscal year 2026, $3,000,000,000. (c) OVERSIGHT.—The Secretary may withhold up to 0.5 percent from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for the costs of oversight of Amtrak. (d) STATE-SUPPORTED ROUTE COMMITTEE.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for use by the State-Supported Route Committee established under section 24712(a) of title 49, United States Code. (e) NORTHEAST CORRIDOR COMMISSION.—The Secretary may withhold up to $6,000,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for use by the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code. (f) INTERSTATE RAIL COMPACTS.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for grants authorized under section 22910 of title 49, United States Code. (g) ACCESSIBILITY UPGRADES.— (1) IN GENERAL.—The Secretary shall withhold $50,000,000 from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for grants to assist Amtrak in financing capital projects to upgrade the accessibility of the national rail passenger transportation system by increasing the number of existing facilities that are compliant with the requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) until the Secretary determines H. R. 3684—267 Amtrak’s existing facilities are in compliance with such require- ments. (2) SAVINGS PROVISION.—Nothing in paragraph (1) may be construed to prevent Amtrak from using additional funds appropriated pursuant to this section to carry out the activities authorized under such paragraph. (h) CORRIDOR DEVELOPMENT.—In addition to the activities authorized under subsection (b), Amtrak may use up to 10 percent of the amounts appropriated under subsection (b) in each fiscal year to support Amtrak-operated corridors selected under section 22306 for— (1) planning and capital costs; and (2) operating assistance consistent with the Federal funding limitations under section 22908 of title 49, United States Code. SEC. 22102. FEDERAL RAILROAD ADMINISTRATION. (a) SAFETY AND OPERATIONS.—There are authorized to be appro- priated to the Secretary for the operations of the Federal Railroad Administration and to carry out railroad safety activities the fol- lowing amounts: (1) For fiscal year 2022, $248,000,000. (2) For fiscal year 2023, $254,000,000. (3) For fiscal year 2024, $263,000,000. (4) For fiscal year 2025, $271,000,000. (5) For fiscal year 2026, $279,000,000. (b) RAILROAD RESEARCH AND DEVELOPMENT.—There are author- ized to be appropriated to the Secretary for the use of the Federal Railroad Administration for activities associated with railroad research and development the following amounts: (1) For fiscal year 2022, $43,000,000. (2) For fiscal year 2023, $44,000,000. (3) For fiscal year 2024, $45,000,000. (4) For fiscal year 2025, $46,000,000. (5) For fiscal year 2026, $47,000,000. (c) TRANSPORTATION TECHNOLOGY CENTER.—The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for activities authorized under section 20108(d) of title 49, United States Code. (d) RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCEL- LENCE.—The Secretary may withhold up to 10 percent of the amount appropriated for each fiscal year under subsection (b) for grants authorized under section 20108(j) of title 49, United States Code. SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS GRANTS. (a) IN GENERAL.—There is authorized to be appropriated to the Secretary for grants under section 22907 of title 49, United States Code, $1,000,000,000 for each of fiscal years 2022 through 2026. (b) OVERSIGHT.—The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM. (a) IN GENERAL.—There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United H. R. 3684—268 States Code, as added by section 22305, $500,000,000 for each of fiscal years 2022 through 2026. (b) PLANNING PROJECTS.—Not less than 3 percent of the amount appropriated in each fiscal year pursuant to subsection (a) year shall be used for planning projects described in section 22909(d)(6) of title 49, United States Code. (c) HIGHWAY-RAIL GRADE CROSSING SAFETY INFORMATION AND EDUCATION PROGRAM.—Of the amount appropriated under sub- section (a) in each fiscal year, 0.25 percent shall be used for con- tracts or grants to carry out a highway-rail grade crossing safety information and education program— (1) to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities; and (2) to improve awareness along railroad rights-of-way and at highway-rail grade crossings. (d) OVERSIGHT.—The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS. (a) IN GENERAL.—There is authorized to be appropriated to the Secretary for grants under section 22908 of title 49, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. (b) OVERSIGHT.—The Secretary may withhold up to 1 percent of the amount appropriated for each fiscal year pursuant to sub- section (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PAS- SENGER RAIL GRANTS. (a) IN GENERAL.—There is authorized to be appropriated to the Secretary for grants under section 24911 of title 49, United States Code, $1,500,000,000 for each of fiscal years 2022 through 2026. (b) OVERSIGHT.—The Secretary may withhold up to 2 percent of the amount appropriated under subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL. There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts: (1) For fiscal year 2022, $26,500,000. (2) For fiscal year 2023, $27,000,000. (3) For fiscal year 2024, $27,500,000. (4) For fiscal year 2025, $28,000,000. (5) For fiscal year 2026, $28,500,000. Subtitle B—Amtrak Reforms SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS. (a) FINDINGS.—Section 24101(a) of title 49, United States Code, is amended— (1) in paragraph (1), by striking ‘‘between crowded urban areas and in other areas of’’ and inserting ‘‘throughout’’; H. R. 3684—269 (2) in paragraph (4), by striking ‘‘to Amtrak to achieve a performance level sufficient to justify expending public money’’ and inserting ‘‘in order to meet the intercity passenger rail needs of the United States’’; (3) in paragraph (5)— (A) by inserting ‘‘intercity passenger and’’ before ‘‘com- muter’’; and (B) by inserting ‘‘and rural’’ after ‘‘major urban;’’ and (4) by adding at the end the following: ‘‘(9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities.’’. (b) GOALS.—Section 24101(c) of title 49, United States Code, is amended— (1) by amending paragraph (1) to read as follows: ‘‘(1) use its best business judgment in acting to maximize the benefits of Federal investments, including— ‘‘(A) offering competitive fares; ‘‘(B) increasing revenue from the transportation of mail and express; ‘‘(C) offering food service that meets the needs of its customers; ‘‘(D) improving its contracts with rail carriers over whose tracks Amtrak operates; ‘‘(E) controlling or reducing management and operating costs; and ‘‘(F) providing economic benefits to the communities it serves;’’; (2) in paragraph (11), by striking ‘‘and’’ at the end; (3) in paragraph (12), by striking the period at the end and inserting ‘‘; and’’; and (4) by adding at the end the following: ‘‘(13) support and maintain established long-distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural commu- nities.’’. (c) INCREASING REVENUES.—Section 24101(d) of title 49, United States Code, is amended to read as follows: ‘‘(d) INCREASING REVENUES.—Amtrak is encouraged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and designed to generate additional revenues to advance the goals described in subsection (c).’’. SEC. 22202. COMPOSITION OF AMTRAK’S BOARD OF DIRECTORS. (a) SELECTION; COMPOSITION; CHAIR.—Section 24302(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking ‘‘President’’ and inserting ‘‘Chief Executive Officer’’; and (B) in subparagraph (C), by inserting ‘‘, at least 1 of whom shall be an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who has a demonstrated history of, or experience with, accessibility, mobility, and inclusive transportation in passenger rail or commuter rail’’ before the period at the end; H. R. 3684—270 (2) in paragraph (2), by striking ‘‘and try to provide ade- quate and balanced representation of the major geographic regions of the United States served by Amtrak’’; (3) by redesignating paragraph (5) as paragraph (7); and (4) by striking paragraph (4) and inserting the following: ‘‘(4) Of the individuals appointed pursuant to paragraph (1)(C)— ‘‘(A) 2 individuals shall reside in or near a location served by a regularly scheduled Amtrak service along the Northeast Corridor; ‘‘(B) 4 individuals shall reside in or near regions of the United States that are geographically distributed out- side of the Northeast Corridor, of whom— ‘‘(i) 2 individuals shall reside in States served by a long-distance route operated by Amtrak; ‘‘(ii) 2 individuals shall reside in States served by a State-supported route operated by Amtrak; and ‘‘(iii) an individual who resides in a State that is served by a State-supported route and a long-dis- tance route may be appointed to serve either position referred to in clauses (i) and (ii); ‘‘(C) 2 individuals shall reside either— ‘‘(i) in or near a location served by a regularly scheduled Amtrak service on the Northeast Corridor; or ‘‘(ii) in a State served by long-distance or a State- supported route; and ‘‘(D) each individual appointed to the Board pursuant to this paragraph may only fill 1 of the allocations set forth in subparagraphs (A) through (C). ‘‘(5) The Board shall elect a chairperson and vice chair- person, other than the Chief Executive Officer of Amtrak, from among its membership. The vice chairperson shall act as chair- person in the absence of the chairperson. ‘‘(6) The Board shall meet at least annually with— ‘‘(A) representatives of Amtrak employees; ‘‘(B) representatives of persons with disabilities; and ‘‘(C) the general public, in an open meeting with a virtual attendance option, to discuss financial performance and service results.’’. (b) RULE OF CONSTRUCTION.—None of the amendments made by subsection (a) may be construed as affecting the term of any director serving on the Amtrak Board of Directors under section 24302(a)(1)(C) of title 49, United States Code, as of the date of enactment of this Act. SEC. 22203. STATION AGENTS. Section 24312 of title 49, United States Code, is amended by adding at the end the following: ‘‘(c) AVAILABILITY OF STATION AGENTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building— H. R. 3684—271 ‘‘(A) that Amtrak owns, or operates service through, as part of a long-distance or Northeast Corridor passenger service route; ‘‘(B) where at least 1 Amtrak ticket agent was employed on or after October 1, 2017; and ‘‘(C) for which an average of 40 passengers boarded or deboarded an Amtrak train per day during all of the days in fiscal year 2017 when the station was serviced by Amtrak, regardless of the number of Amtrak trains servicing the station per day. ‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any sta- tion building in which a commuter rail ticket agent has the authority to sell Amtrak tickets.’’. SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG- DISTANCE ROUTES AND OTHER INTERCITY SERVICES. (a) AMTRAK ANNUAL OPERATIONS REPORT.—Section 24315(a)(1) of title 49, United States Code, is amended— (1) in subparagraph (G), by striking ‘‘and’’ at the end; (2) in subparagraph (H), by adding ‘‘and’’ at the end; and (3) by adding at the end the following: ‘‘(I) any change made to a route’s or service’s frequency or station stops;’’. (b) 5-YEAR BUSINESS LINE PLANS.—Section 24320(b)(2) of title 49, United States Code, is amended— (1) by redesignating subparagraphs (B) through (L) as sub- paragraphs (C) through (M), respectively; and (2) by inserting after subparagraph (A) the following: ‘‘(B) a detailed description of any plans to permanently change a route’s or service’s frequency or station stops for the service line;’’. SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING. Section 24317 of title 49, United States Code, is amended— (1) in subsection (a)(2), by striking ‘‘and costs among Amtrak business lines’’ and inserting ‘‘, including Federal grant funds, and costs among Amtrak service lines’’; (2) by amending subsection (b) to read as follows: ‘‘(b) ACCOUNT STRUCTURE.— ‘‘(1) IN GENERAL.—The Secretary of Transportation, in con- sultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network. ‘‘(2) NOTIFICATION OF SUBSTANTIVE CHANGES.—The Sec- retary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastruc- ture of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to— ‘‘(A) the service lines described in section 24320(b)(1); and ‘‘(B) the asset lines described in section 24320(c)(1).’’; (3) in subsection (c), in the matter preceding paragraph (1), by inserting ‘‘, maintaining, and updating’’ after ‘‘defining’’; H. R. 3684—272 (4) in subsection (d), in the matter preceding paragraph (1), by inserting ‘‘, maintaining, and updating’’ after ‘‘defining’’; (5) by amending subsection (e) to read as follows: ‘‘(e) IMPLEMENTATION AND REPORTING.— ‘‘(1) IN GENERAL.—Amtrak, in consultation with the Sec- retary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appro- priations, and transfers between accounts. ‘‘(2) UPDATED SOURCES AND USES STATEMENTS.—Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different fre- quency of reporting.’’; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h). SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING. (a) ALLOCATION OF COSTS AND REVENUES.—Section 24318(a) of title 49, United States Code, is amended by striking ‘‘Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,’’. (b) GRANT PROCESS AND REPORTING.—Section 24319 of title 49, United States Code, is amended— (1) in the section heading, by inserting ‘‘and reporting’’ after ‘‘process’’; (2) by amending subsection (a) to read as follows: ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—The Secretary of Transportation shall— ‘‘(1) establish and maintain substantive and procedural requirements, including schedules, for grant requests under this section; and ‘‘(2) report any changes to such procedures to— ‘‘(A) the Committee on Commerce, Science, and Transportation of the Senate; ‘‘(B) the Committee on Appropriations of the Senate; ‘‘(C) the Committee on Transportation and Infrastruc- ture of the House of Representatives; and ‘‘(D) the Committee on Appropriations of the House of Representatives.’’; (3) in subsection (b), by striking ‘‘grant requests’’ and inserting ‘‘a grant request annually, or as additionally required,’’; (4) by amending subsection (c) to read as follows: ‘‘(c) CONTENTS.— ‘‘(1) IN GENERAL.—Each grant request under subsection (b) shall, as applicable— ‘‘(A) categorize and identify, by source, the Federal funds and program income that will be used for the upcoming fiscal year for each of the Northeast Corridor and National Network in 1 of the categories or subcat- egories set forth in paragraph (2); H. R. 3684—273 ‘‘(B) describe the operations, services, programs, projects, and other activities to be funded within each of the categories set forth in paragraph (2), including— ‘‘(i) the estimated scope, schedule, and budget nec- essary to complete each project and program; and ‘‘(ii) the performance measures used to quantify expected and actual project outcomes and benefits, aggregated by fiscal year, project milestone, and any other appropriate grouping; and ‘‘(C) describe the status of efforts to improve Amtrak’s safety culture. ‘‘(2) GRANT CATEGORIES.— ‘‘(A) OPERATING EXPENSES.—Each grant request to use Federal funds for operating expenses shall— ‘‘(i) include estimated net operating costs not cov- ered by other Amtrak revenue sources; ‘‘(ii) specify Federal funding requested for each service line described in section 24320(b)(1); and ‘‘(iii) be itemized by route. ‘‘(B) DEBT SERVICE.—A grant request to use Federal funds for expenses related to debt, including payment of principle and interest, as allowed under section 205 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 49 U.S.C. 24101 note). ‘‘(C) CAPITAL.—A grant request to use Federal funds and program income for capital expenses shall include cap- ital projects and programs primarily associated with— ‘‘(i) normalized capital replacement programs, including regularly recurring work programs imple- mented on a systematic basis on classes of physical railroad assets, such as track, structures, electric trac- tion and power systems, rolling stock, and communica- tions and signal systems, to maintain and sustain the condition and performance of such assets to support continued railroad operations; ‘‘(ii) improvement projects to support service and safety enhancements, including discrete projects imple- mented in accordance with a fixed scope, schedule, and budget that result in enhanced or new infrastruc- ture, equipment, or facilities; ‘‘(iii) backlog capital replacement projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily replace or rehabilitate major infrastructure assets, including tunnels, bridges, stations, and similar assets, to reduce the state of good repair backlog on the Amtrak network; ‘‘(iv) strategic initiative projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; and ‘‘(v) statutory, regulatory, or other legally man- dated projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that enable Amtrak to fulfill specific legal or regulatory mandates. H. R. 3684—274 ‘‘(D) CONTINGENCY.—A grant request to use Federal funds for operating and capital expense contingency shall include— ‘‘(i) contingency levels for specified activities and operations; and ‘‘(ii) a process for the utilization of such contin- gency. ‘‘(3) MODIFICATION OF CATEGORIES.—The Secretary of Transportation and Amtrak may jointly agree to modify the categories set forth in paragraph (2) if such modifications are necessary to improve the transparency, oversight, or delivery of projects funded through grant requests under this section.’’; (5) in subsection (d)(1)(A)— (A) by inserting ‘‘complete’’ after ‘‘submits a’’; (B) by striking ‘‘shall complete’’ and inserting ‘‘shall finish’’; and (C) in clause (ii), by striking ‘‘incomplete or’’; (6) in subsection (e)— (A) in paragraph (1)— (i) by striking ‘‘and other activities to be funded by the grant’’ and inserting ‘‘programs, projects, and other activities to be funded by the grant, consistent with the categories required for Amtrak in a grant request under subsection (c)(1)(A)’’; and (ii) by striking ‘‘or activities’’ and inserting ‘‘pro- grams, projects, and other activities’’; and (B) in paragraph (3)— (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as redesignated, the following: ‘‘(A) using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph (2) if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity;’’; (7) by redesignating subsection (h) as subsection (j); and (8) by inserting after subsection (g) the following: ‘‘(h) APPLICABLE LAWS AND REGULATIONS.— ‘‘(1) SINGLE AUDIT ACT OF 1984.—Notwithstanding section 24301(a)(3) of this title and section 7501(a)(13) of title 31, Amtrak shall be deemed a ‘non-Federal entity’ for purposes of chapter 75 of title 31. ‘‘(2) REGULATIONS AND GUIDANCE.—The Secretary of Transportation may apply some or all of the requirements set forth in the regulations and guidance promulgated by the Secretary relating to the management, administration, cost principles, and audit requirements for Federal awards. ‘‘(i) AMTRAK GRANT REPORTING.—The Secretary of Transpor- tation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2).’’. (c) CONFORMING AMENDMENTS.— (1) REPORTS AND AUDITS.—Section 24315(b)(1) of title 49, United States Code, is amended— H. R. 3684—275 (A) in subparagraph (A), by striking ‘‘the goal of section 24902(b) of this title; and’’ and inserting ‘‘the goal described in section 24902(a);’’; (B) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(C) shall incorporate the category described in section 24319(c)(2)(C).’’. (2) CLERICAL AMENDMENT.—The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24319 and inserting the following: ‘‘24319. Grant process and reporting.’’. SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANS- PARENCY. (a) IN GENERAL.—Section 24320 of title 49, United States Code, is amended— (1) in the section heading, by striking ‘‘business line and asset plans’’ and inserting ‘‘service line and asset line plans’’; (2) in subsection (a)— (A) in paragraph (1)— (i) by striking ‘‘of each year’’ and inserting ‘‘, 2020, and biennially thereafter’’; (ii) by striking ‘‘5-year business line plans and 5-year asset plans’’ and inserting ‘‘5-year service line plans and 5-year asset line plans’’; and (iii) by adding at the end the following: ‘‘During each year in which Amtrak is not required to submit a plan under this paragraph, Amtrak shall submit to Congress updated financial sources and uses state- ments and forecasts with the annual report required under section 24315(b).’’; and (B) in paragraph (2), by striking ‘‘asset plan required in’’ and inserting ‘‘asset line plan required under’’; (3) in subsection (b)— (A) in the subsection heading, by striking ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’; (B) in paragraph (1)— (i) in the paragraph heading, by striking ‘‘BUSI- NESS’’ and inserting ‘‘SERVICE’’; (ii) by striking ‘‘business’’ each place such term appears and inserting ‘‘service’’; (iii) by amending subparagraph (B) to read as fol- lows: ‘‘(B) Amtrak State-supported train services.’’; (iv) in subparagraph (C), by striking ‘‘routes’’ and inserting ‘‘train services’’; and (v) by adding at the end the following: ‘‘(E) Infrastructure access services for use of Amtrak- owned or Amtrak-controlled infrastructure and facilities.’’; (C) in paragraph (2)— (i) in the paragraph heading, by striking ‘‘BUSI- NESS’’ and inserting ‘‘SERVICE’’; (ii) by striking ‘‘business’’ each place such term appears and inserting ‘‘service’’; H. R. 3684—276 (iii) in subparagraph (A), by striking ‘‘Strategic Plan and 5-year asset plans’’ and inserting ‘‘5-year asset line plans’’; (iv) in subparagraph (F) (as redesignated by sec- tion 22204(b)(1)), by striking ‘‘profit and loss’’ and inserting ‘‘sources and uses’’; (v) by striking subparagraph (G) (as redesignated by section 22204(b)(1)); (vi) by redesignating subparagraphs (H) through (M) (as redesignated by section 22204(b)(1)) as sub- paragraphs (G) through (L), respectively; and (vii) by amending subparagraph (I) (as so redesig- nated) to read as follows: ‘‘(I) financial performance for each route, if deemed applicable by the Secretary, within each service line, including descriptions of the cash operating loss or con- tribution;’’; (D) in paragraph (3)— (i) in the paragraph heading, by striking ‘‘BUSI- NESS’’ and inserting ‘‘SERVICE’’; (ii) by striking ‘‘business’’ each place such term appears and inserting ‘‘service’’; (iii) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and moving such clauses 2 ems to the right; (iv) by inserting before clause (i), as redesignated, the following: ‘‘(A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each service line plan that requires Amtrak to—’’; (v) in subparagraph (A), as amended by clause (iv)— (I) in clause (iii), as redesignated, by inserting ‘‘and submit the final service line plan required under subsection (a)(1) to the State-Supported Route Committee’’ before the semicolon at the end; (II) in clause (iv), as redesignated, by inserting ‘‘and’’ after the semicolon at the end; and (III) by adding at the end the following: ‘‘(v) for the infrastructure access service line plan, consult with the Northeast Corridor Commission and other entities, as appropriate, and submit the final asset line plan under subsection (a)(1) to the Northeast Corridor Commission;’’; and (vi) by redesignating subparagraphs (E) and (F) as subparagraphs (B) and (C), respectively; (E) by redesignating paragraph (4) as paragraph (5); and (F) by inserting after paragraph (3)(C), as redesignated, the following: ‘‘(4) 5-YEAR SERVICE LINE PLANS UPDATES.—Amtrak may modify the content to be included in the service line plans described in paragraph (1), upon the approval of the Secretary, if the Secretary determines that such modifications are nec- essary to improve the transparency, oversight, and delivery H. R. 3684—277 of Amtrak services and the use of Federal funds by Amtrak.’’; and (4) in subsection (c)— (A) in the subsection heading, by inserting ‘‘LINE’’ after ‘‘ASSET’’; (B) in paragraph (1)— (i) in the paragraph heading, by striking ‘‘CAT- EGORIES’’ and inserting ‘‘LINES’’; (ii) in the matter preceding subparagraph (A), by striking ‘‘asset plan for each of the following asset categories’’ and inserting ‘‘asset line plan for each of the following asset lines’’; (iii) by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respec- tively; (iv) by inserting before subparagraph (B), as redesignated, the following: ‘‘(A) Transportation, including activities and resources associated with the operation and movement of Amtrak trains, onboard services, and amenities.’’; (v) in subparagraph (B), as redesignated, by inserting ‘‘and maintenance-of-way equipment’’ after ‘‘facilities’’; and (vi) in subparagraph (C), as redesignated, by striking ‘‘Passenger rail equipment’’ and inserting ‘‘Equipment’’; (C) in paragraph (2)— (i) in the paragraph heading, by inserting ‘‘LINE’’ after ‘‘ASSET’’; (ii) in the matter preceding subparagraph (A), by inserting ‘‘line’’ after ‘‘asset’’; (iii) in subparagraph (A), by striking ‘‘category’’ and inserting ‘‘line’’; (iv) in subparagraph (C)(iii)(III), by striking ‘‘and’’ at the end; (v) by amending subparagraph (D) to read as fol- lows: ‘‘(D) annual sources and uses statements and forecasts for each asset line; and’’; and (vi) by adding at the end the following: ‘‘(E) other elements that Amtrak elects to include.’’; (D) in paragraph (3)— (i) in the paragraph heading, by inserting ‘‘LINE’’ after ‘‘ASSET’’; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (iii) by inserting before clause (i), as redesignated, the following: ‘‘(A) not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each asset line plan that requires Amtrak to—’’; (iv) in subparagraph (A), as added by clause (iii)— (I) in clause (i), as redesignated— H. R. 3684—278 (aa) by striking ‘‘business’’ each place such term appears and inserting ‘‘service’’; (bb) by inserting ‘‘line’’ after ‘‘asset’’ each place such term appears; and (cc) by adding ‘‘and’’ at the end; and (II) in clause (ii), as redesignated— (aa) by inserting ‘‘consult with the Sec- retary of Transportation in the development of asset line plans and,’’ before ‘‘as applicable’’; and (bb) by inserting ‘‘line’’ after ‘‘5-year asset’’; (v) by redesignating subparagraph (C) as subpara- graph (B); and (vi) in subparagraph (B), as redesignated, by striking ‘‘category’’ and inserting ‘‘line’’; (E) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; (F) by inserting after paragraph (3) the following: ‘‘(4) 5-YEAR ASSET LINE PLAN UPDATES.—Amtrak may modify the content to be included in the asset line plans described in paragraph (1), on approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.’’; (G) in paragraph (5)(A), as redesignated, by inserting ‘‘, but shall not include corporate services (as defined pursu- ant to section 24317(b))’’ after ‘‘national assets’’; and (H) in paragraph (7), as redesignated, by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24320 and inserting the following: ‘‘24320. Amtrak 5-year service line and asset line plans.’’. (c) EFFECTIVE DATES.—Section 11203(b) of the Passenger Rail Reform and Investment Act of 2015 (49 U.S.C. 24320 note) is amended— (1) by striking ‘‘business’’ each place such term appears and inserting ‘‘service’’; and (2) by inserting ‘‘line’’ after ‘‘asset’’ each place such term appears. SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT. (a) IN GENERAL.—Section 24305(c)(4) of title 49, United States Code, is amended by striking ‘‘only if revenues from the services each year at least equal the cost of providing the services’’. (b) FOOD AND BEVERAGE SERVICE WORKING GROUP.— (1) IN GENERAL.—Section 24321 of title 49, United States Code, is amended to read as follows: ‘‘§ 24321. Food and beverage service ‘‘(a) WORKING GROUP.— ‘‘(1) ESTABLISHMENT.—Not later than 180 days after enact- ment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall establish a working group to provide recommendations to improve Amtrak’s onboard food and bev- erage service. H. R. 3684—279 ‘‘(2) MEMBERSHIP.—The working group shall consist of individuals representing— ‘‘(A) Amtrak; ‘‘(B) the labor organizations representing Amtrak employees who prepare or provide on-board food and bev- erage service; ‘‘(C) nonprofit organizations representing Amtrak pas- sengers; and ‘‘(D) States that are providing funding for State-sup- ported routes. ‘‘(b) REPORT.—Not later than 1 year after the establishment of the working group pursuant to subsection (a), the working group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representatives containing recommendations for improving Amtrak’s food and beverage service, including— ‘‘(1) ways to improve the financial performance of Amtrak; ‘‘(2) ways to increase and retain ridership; ‘‘(3) the differing needs of passengers traveling on long- distance routes, State supported routes, and the Northeast Corridor; ‘‘(4) Amtrak passenger survey data about the food and beverages offered on Amtrak trains; ‘‘(5) ways to incorporate local food and beverage items on State-supported routes; and ‘‘(6) any other issue that the working group determines to be appropriate. ‘‘(c) IMPLEMENTATION.—Not later than 180 days after the submission of the report pursuant to subsection (b), Amtrak shall submit a plan for implementing the recommendations of the working group, and an explanation for any of the working group’s recommendations it does not agree with and does not plan on implementing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ‘‘(d) SAVINGS CLAUSE.—Amtrak shall ensure that no Amtrak employee who held a position on a long-distance or Northeast Cor- ridor route as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, is involuntarily separated because of the development and implementation of the plan required under this section.’’. (2) CLERICAL AMENDMENT.—The analysis for chapter 243 of title 49, United States Code, is amended by striking the item relating to section 24321 and inserting the following: ‘‘24321. Food and beverage service.’’. SEC. 22209. AMTRAK SMOKING POLICY. (a) IN GENERAL.—Chapter 243 of title 49, United States Code, is amended by adding at the end the following: ‘‘§ 24323. Prohibition on smoking on Amtrak trains ‘‘(a) PROHIBITION.—Beginning on the date of enactment of this section, Amtrak shall prohibit smoking, including the use of elec- tronic cigarettes, onboard all Amtrak trains. ‘‘(b) ELECTRONIC CIGARETTE DEFINED.—In this section, the term ‘electronic cigarette’ means a device that delivers nicotine or other H. R. 3684—280 substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following: ‘‘24323. Prohibition on smoking on Amtrak trains.’’. SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMU- NITIES. Section 24706 of title 49, United States Code, is amended— (1) in subsection (a), by striking ‘‘subsection (b) of this section, at least 180 days’’ and inserting ‘‘subsection (c), not later than 180 days’’; (2) by redesignating subsections (b) and (c) as subsections (c) and (e), respectively; (3) by inserting after subsection (a) the following: ‘‘(b) DISCONTINUANCE OR SUBSTANTIAL ALTERATION OF LONG- DISTANCE ROUTES.—Except as provided in subsection (c), in an emergency, or during maintenance or construction outages impacting Amtrak routes, Amtrak may not discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network.’’; and (4) by inserting after subsection (c), as redesignated, the following: ‘‘(d) CONGRESSIONAL NOTIFICATION OF DISCONTINUANCE.— Except as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the members of Congress rep- resenting any State or district in which the discontinuance would occur.’’. SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE. (a) STATE-SUPPORTED ROUTE COMMITTEE.—Section 24712(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘Not later than 180 days after the date of enactment of the Passenger Rail Reform and Invest- ment Act of 2015, the Secretary of Transportation shall establish’’ and inserting ‘‘There is established’’; and (B) by inserting ‘‘current and future’’ before ‘‘rail oper- ations’’; (2) by redesignating paragraphs (4), (5), and (6) as para- graphs (5), (6), and (7), respectively; (3) by inserting after paragraph (3) the following: ‘‘(4) ABILITY TO CONDUCT CERTAIN BUSINESS.—If all of the members of 1 voting bloc described in paragraph (3) abstain from a Committee decision, agreement between the other 2 voting blocs consistent with the procedures set forth in such paragraph shall be deemed sufficient for purpose of achieving unanimous consent.’’; (4) in paragraph (5), as redesignated, in the matter pre- ceding subparagraph (A)— (A) by striking ‘‘convene a meeting and shall define and implement’’ and inserting ‘‘define and periodically update’’; and H. R. 3684—281 (B) by striking ‘‘not later than 180 days after the date of establishment of the Committee by the Secretary’’; and (5) in paragraph (7), as redesignated— (A) in the paragraph heading, by striking ‘‘ALLOCATION METHODOLOGY’’ and inserting ‘‘METHODOLOGY POLICY’’; (B) in subparagraph (A), by striking ‘‘allocation meth- odology’’ and inserting ‘‘methodology policy’’; (C) by amending subparagraph (B) to read as follows: ‘‘(B) REVISIONS TO COST METHODOLOGY POLICY.— ‘‘(i) REQUIREMENT TO REVISE AND UPDATE.—Subject to rules and procedures established pursuant to clause (iii), not later than March 31, 2022, the Committee shall revise and update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note). The Committee shall implement a revised cost methodology policy during fiscal year 2023. Not later than 30 days after the adoption of the revised cost methodology policy, the Committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy, including a description of the improvements to the accounting information provided by Amtrak to the States, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The revised cost methodology policy shall ensure that States will be responsible for costs attributable to the provision of service for their routes. ‘‘(ii) IMPLEMENTATION IMPACTS ON FEDERAL FUNDING.—To the extent that a revision developed pursuant to clause (i) assigns to Amtrak costs that were previously allocated to States, Amtrak shall request with specificity such additional funding in the general and legislative annual report required under section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised cost methodology policy will be implemented. ‘‘(iii) PROCEDURES FOR CHANGING METHODOLOGY.— Notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note), the rules and procedures implemented pursuant to paragraph (5) shall include— ‘‘(I) procedures for changing the cost method- ology policy in accordance with clause (i); and ‘‘(II) procedures or broad guidelines for con- ducting financial planning, including operating and capital forecasting, reporting, data sharing, and governance.’’; (D) in subparagraph (C)— (i) in the matter preceding clause (i), by striking ‘‘allocation methodology’’ and inserting ‘‘methodology policy’’; (ii) in clause (i), by striking ‘‘and’’ at the end; (iii) in clause (ii)— H. R. 3684—282 (I) by striking ‘‘allocate’’ and inserting ‘‘assign’’; and (II) by striking the period and inserting ‘‘; and’’; and (iv) by adding at the end the following: ‘‘(iii) promote increased efficiency in Amtrak’s oper- ating and capital activities.’’; and (E) by adding at the end the following: ‘‘(D) INDEPENDENT EVALUATION.—Not later than March 31 of each year, the Committee shall ensure that an inde- pendent entity selected by the Committee has completed an evaluation to determine whether State payments for the most recently concluded fiscal year are accurate and comply with the applicable cost allocation methodology.’’. (b) INVOICES AND REPORTS.—Section 24712(b) of title 49, United States Code, is amended to read as follows: ‘‘(b) INVOICES AND REPORTS.— ‘‘(1) INVOICES.—Amtrak shall provide monthly invoices to the Committee and to each State that sponsors a State-sup- ported route that identify the operating costs for such route, including fixed costs and third-party costs. ‘‘(2) REPORTS.— ‘‘(A) IN GENERAL.—The Committee shall determine the frequency and contents of— ‘‘(i) the financial and performance reports that Amtrak is required to provide to the Committee and the States; and ‘‘(ii) the planning and demand reports that the States are required to provide to the Committee and Amtrak. ‘‘(B) MONTHLY STATISTICAL REPORT.— ‘‘(i) DEVELOPMENT.—Consistent with the revisions to the policy required under subsection (a)(7)(B), the Committee shall develop a report that contains the general ledger data and operating statistics from Amtrak’s accounting systems used to calculate pay- ments to States. ‘‘(ii) PROVISION OF NECESSARY DATA.—Not later than 30 days after the last day of each month, Amtrak shall provide to the States and to the Committee the necessary data to complete the report developed pursu- ant to clause (i) for such month.’’. (c) DISPUTE RESOLUTION.—Section 24712(c) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by striking ‘‘(a)(4)’’ and inserting ‘‘(a)(5)’’; and (B) by striking ‘‘(a)(6)’’ and inserting ‘‘(a)(7)’’; and (2) in paragraph (4), by inserting ‘‘related to a State-sup- ported route that a State sponsors that is’’ after ‘‘amount’’. (d) PERFORMANCE METRICS.—Section 24712(e) of title 49, United States Code, is amended by inserting ‘‘, including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered’’ before the period at the end. (e) STATEMENT OF GOALS AND OBJECTIVES.—Section 24712(f) of title 49, United States Code, is amended— H. R. 3684—283 (1) in paragraph (1), by inserting ‘‘, and review and update, as necessary,’’ after ‘‘shall develop’’; (2) in paragraph (2), by striking ‘‘Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement’’ and inserting ‘‘As applicable, based on updates, the Committee shall submit an updated statement’’; and (3) by adding at the end the following: ‘‘(3) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(A) the Committee shall be the forum where Amtrak and the States collaborate on the planning, improvement, and development of corridor routes across the National Network; and ‘‘(B) such collaboration should include regular consulta- tion with interstate rail compact parties and other regional planning organizations that address passenger rail.’’. (f) OTHER REFORMS RELATED TO STATE-SUPPORTED ROUTES.— Section 24712 of title 49, United States Code, as amended by subsections (a) through (e), is further amended— (1) by redesignating subsections (g) and (h) as subsections (k) and (l), respectively; and (2) by inserting after subsection (f) the following: ‘‘(g) NEW STATE-SUPPORTED ROUTES.— ‘‘(1) CONSULTATION.—In developing a new State-supported route, Amtrak shall consult with— ‘‘(A) the State or States and local municipalities through which such new service would operate; ‘‘(B) commuter authorities and regional transportation authorities in the areas that would be served by the planned route; ‘‘(C) host railroads; ‘‘(D) the Administrator of the Federal Railroad Administration; and ‘‘(E) other stakeholders, as appropriate. ‘‘(2) STATE COMMITMENTS.—Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State-supported route that is initi- ated on or after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with each State that would be providing funding for such route for sharing— ‘‘(A) ongoing operating costs and capital costs in accord- ance with the cost methodology policy referred to in sub- section (a)(7) then in effect; or ‘‘(B) ongoing operating costs and capital costs in accord- ance with the maximum funding limitations described in section 22908(e). ‘‘(3) APPLICATION OF TERMS.—In this subsection, the terms ‘capital costs’ and ‘operating costs’ shall apply in the same manner as such terms apply under the cost methodology policy developed pursuant to subsection (a)(7). ‘‘(h) COST METHODOLOGY POLICY UPDATE IMPLEMENTATION REPORT.—Not later than 18 months after the updated cost method- ology policy required under subsection (a)(7)(B) is implemented, H. R. 3684—284 the Committee shall submit a report to the Committee on Com- merce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Rep- resentatives that assesses the implementation of the updated policy. ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE CHANGES.— Amtrak shall— ‘‘(1) not later than 120 days before the submission of the general and legislative annual report required under section 24315(b), consult with the Committee and any additional States through which a State-supported route may operate regarding any proposed changes to such route; and ‘‘(2) include in such report an update of any planned or proposed changes to State-supported routes, including the introduction of new State-supported routes, including— ‘‘(A) the timeframe in which such changes would take effect; and ‘‘(B) whether Amtrak has entered into commitments with the affected States pursuant subsection (g)(2). ‘‘(j) ECONOMIC ANALYSIS.—Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that— ‘‘(1) describes the role of the State-supported routes in economic development; and ‘‘(2) examines the impacts of the State-supported routes on local station areas, job creation, transportation efficiency, State economies, and the national economy.’’. SEC. 22212. ENHANCING CROSS BORDER SERVICE. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, Amtrak, after consultation with the Secretary, the Secretary of Homeland Security, relevant State departments of transportation, Canadian governmental agencies and entities, and owners of the relevant rail infrastructure and facilities, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding enhancing Amtrak passenger rail service between the United States and Canada that— (1) identifies challenges to Amtrak operations in Canada, including delays associated with custom and immigration inspections in both the United States and Canada; and (2) includes recommendations to improve such cross border service, including the feasibility of and costs associated with a preclearance facility or facilities. (b) ASSISTANCE AND SUPPORT.—The Secretary, the Secretary of State, and the Secretary of Homeland Security may provide assistance and support requested by Amtrak that is necessary to carry out this section, as determined appropriate by the respective Secretary. SEC. 22213. CREATING QUALITY JOBS. Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note) is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: H. R. 3684—285 ‘‘(d) FURLOUGHED WORK.—Amtrak may not contract out work within the classification of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period such employee has been laid off and has not been recalled to perform such work. ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING OUT.—This section does not— ‘‘(1) supersede a prohibition or limitation on contracting out work covered by an agreement entered into between Amtrak and an organization representing Amtrak employees; or ‘‘(2) prohibit Amtrak and an organization representing Amtrak employees from entering into an agreement that allows for contracting out the work of a furloughed employee that would otherwise be prohibited under subsection (d).’’. SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY. (a) IN GENERAL.—The Secretary shall conduct a study to evaluate the restoration of daily intercity rail passenger service along— (1) any Amtrak long-distance routes that, as of the date of enactment of this Act, were discontinued; and (2) any Amtrak long-distance routes that, as of the date of enactment of this Act, occur on a nondaily basis. (b) INCLUSIONS.—The study under subsection (a) shall— (1) evaluate all options for restoring or enhancing to daily- basis intercity rail passenger service along each Amtrak route described in that subsection; (2) select a preferred option for restoring or enhancing the service described in paragraph (1); (3) develop a prioritized inventory of capital projects and other actions that are required to restore or enhance the service described in paragraph (1), including cost estimates for those projects and actions; (4) develop recommendations for methods by which Amtrak could work with local communities and organizations to develop activities and programs to continuously improve public use of intercity passenger rail service along each route; and (5) identify Federal and non-Federal funding sources required to restore or enhance the service described in para- graph (1), including— (A) increased Federal funding for Amtrak based on applicable reductions or discontinuations in service; and (B) options for entering into public-private partnerships to restore that service. (c) OTHER FACTORS WHEN CONSIDERING EXPANSIONS.—In evaluating intercity passenger rail routes under this section, the Secretary may evaluate potential new Amtrak long-distance routes, including with specific attention provided to routes in service as of April 1971 but not continued by Amtrak, taking into consideration whether those new routes would— (1) link and serve large and small communities as part of a regional rail network; (2) advance the economic and social well-being of rural areas of the United States; (3) provide enhanced connectivity for the national long- distance passenger rail system; and H. R. 3684—286 (4) reflect public engagement and local and regional support for restored passenger rail service. (d) CONSULTATION.—In conducting the study under this section, the Secretary shall consult, through working groups or other forums as the Secretary determines to be appropriate, with— (1) Amtrak; (2) each State along a relevant route; (3) regional transportation planning organizations and metropolitan planning organizations, municipalities, and communities along those relevant routes, to be selected by the Secretary; (4) host railroad carriers the tracks of which may be used for a service described in subsection (a); (5) organizations representing onboard Amtrak employees; (6) nonprofit organizations representing Amtrak pas- sengers; (7) relevant regional passenger rail authorities and feder- ally recognized Indian Tribes; and (8) such other entities as the Secretary may select. (e) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Com- merce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Rep- resentatives a report that includes— (1) the preferred options selected under subsection (b)(2), including the reasons for selecting each option; (2) the information described in subsection (b)(3); (3) the funding sources identified pursuant to subsection (b)(5); (4) the estimated costs and public benefits of restoring or enhancing intercity rail passenger transportation in the region impacted for each relevant Amtrak route; and (5) any other information the Secretary determines to be appropriate. (f) FUNDING.—There are authorized to be appropriated to the Secretary to conduct the study under this section and to carry out the consultations required by subsection (d)— (1) $7,500,000 for fiscal year 2022; and (2) $7,500,000 for fiscal year 2023. Subtitle C—Intercity Passenger Rail Policy SEC. 22301. NORTHEAST CORRIDOR PLANNING. Section 24904 of title 49, United States Code, is amended— (1) by striking subsections (a) and (d); (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (3) by inserting before subsection (c), as redesignated, the following: ‘‘(a) NORTHEAST CORRIDOR SERVICE DEVELOPMENT PLAN.— ‘‘(1) IN GENERAL.—Not later than March 31, 2022, the Northeast Corridor Commission established under section 24905 (referred to in this section as the ‘Commission’) shall submit a service development plan to Congress. ‘‘(2) CONTENTS.—The plan required under paragraph (1) shall— H. R. 3684—287 ‘‘(A) identify key state-of-good-repair, capacity expan- sion, and capital improvement projects planned for the Northeast Corridor; ‘‘(B) provide a coordinated and consensus-based plan covering a 15-year period; ‘‘(C) identify service objectives and the capital invest- ments required to meet such objectives; ‘‘(D) provide a delivery-constrained strategy that identi- fies— ‘‘(i) capital investment phasing; ‘‘(ii) an evaluation of workforce needs; and ‘‘(iii) strategies for managing resources and miti- gating construction impacts on operations; and ‘‘(E) include a financial strategy that identifies funding needs and potential funding sources. ‘‘(3) UPDATES.—The Commission shall update the service development plan not less frequently than once every 5 years. ‘‘(b) NORTHEAST CORRIDOR CAPITAL INVESTMENT PLAN.— ‘‘(1) IN GENERAL.—Not later than November 1 of each year, the Commission shall— ‘‘(A) develop an annual capital investment plan for the Northeast Corridor; and ‘‘(B) submit the capital investment plan to— ‘‘(i) the Secretary of Transportation; ‘‘(ii) the Committee on Commerce, Science, and Transportation of the Senate; and ‘‘(iii) the Committee on Transportation and Infra- structure of the House of Representatives. ‘‘(2) CONTENTS.—The plan required under paragraph (1) shall— ‘‘(A) reflect coordination across the entire Northeast Corridor; ‘‘(B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c); ‘‘(C) cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted; ‘‘(D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identi- fied in the Northeast Corridor asset management plans, after considering— ‘‘(i) the benefits and costs of capital investments in the plan; ‘‘(ii) project and program readiness; ‘‘(iii) the operational impacts; and ‘‘(iv) Federal and non-Federal funding availability; ‘‘(E) categorize capital projects and programs as pri- marily associated with 1 of the categories listed under section 24319(c)(2)(C); ‘‘(F) identify capital projects and programs that are associated with more than 1 category described in subpara- graph (E); and ‘‘(G) include a financial plan that identifies— H. R. 3684—288 ‘‘(i) funding sources and financing methods; ‘‘(ii) the status of cost sharing agreements pursu- ant to the cost allocation policy developed under section 24905(c); ‘‘(iii) the projects and programs that the Commis- sion expects will receive Federal financial assistance; and ‘‘(iv) the eligible entity or entities that the Commis- sion expects— ‘‘(I) to receive the Federal financial assistance referred to in clause (iii); and ‘‘(II) to implement each capital project. ‘‘(3) REVIEW AND COORDINATION.—The Commission shall require that the information described in paragraph (2) be submitted in a timely manner to allow for a reasonable period of review by, and coordination with, affected agencies before the Commission submits the capital investment plan pursuant to paragraph (1).’’; (4) in subsection (c), as redesignated, by striking ‘‘spent only on—’’ and all that follows and inserting ‘‘spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year.’’; and (5) by amending subsection (d), as redesignated, to read as follows: ‘‘(d) NORTHEAST CORRIDOR CAPITAL ASSET MANAGEMENT SYSTEM.— ‘‘(1) IN GENERAL.—Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation along the Northeast Corridor shall develop an asset manage- ment system and use and update such system, as necessary, to develop submissions to the Northeast Corridor capital invest- ment plan described in subsection (b). ‘‘(2) FEATURES.—The system required under paragraph (1) shall develop submissions that— ‘‘(A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and ‘‘(B) include— ‘‘(i) an inventory of all capital assets owned by the developer of the plan; ‘‘(ii) an assessment of condition of such capital assets; ‘‘(iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and ‘‘(iv) a description of changes in the condition of such capital assets since the submission of the prior version of the plan.’’. SEC. 22302. NORTHEAST CORRIDOR COMMISSION. Section 24905 of title 49, United States Code, is amended— (1) in subsection (a)(1)(D), by inserting ‘‘authorities’’ after ‘‘carriers’’; (2) in subsection (b)(3)(B)— (A) in clause (i)— (i) by inserting ‘‘, including ridership trends,’’ after ‘‘transportation’’; and (ii) by striking ‘‘and’’ at the end; H. R. 3684—289 (B) in clause (ii)— (i) by inserting ‘‘first year of the’’ after ‘‘the delivery of the’’; and (ii) by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(iii) progress in assessing and eliminating the state-of-good-repair backlog.’’; (3) in subsection (c)— (A) in paragraph (1)— (i) in the paragraph heading, by striking ‘‘DEVELOPMENT OF POLICY’’ and inserting ‘‘POLICY’’; (ii) in subparagraph (A), by striking ‘‘develop a standardized policy’’ and inserting ‘‘develop and main- tain the standardized policy first approved on Sep- tember 17, 2015, and update, as appropriate,’’; (iii) by amending subparagraph (B) to read as fol- lows: ‘‘(B) develop timetables for implementing and maintaining the policy;’’; (iv) in subparagraph (C), by striking ‘‘the policy and the timetable’’ and inserting ‘‘updates to the policy and timetables’’; and (v) by amending subparagraph (D) to read as fol- lows: ‘‘(D) support the efforts of the members of the Commis- sion to implement the policy in accordance with the time- tables developed pursuant to subparagraph (B);’’; (B) by amending paragraph (2) to read as follows: ‘‘(2) IMPLEMENTATION.— ‘‘(A) IN GENERAL.—In accordance with the timetables developed pursuant to paragraph (1)(B), Amtrak and com- muter authorities on the Northeast Corridor shall imple- ment the policy developed under paragraph (1) in their agreements for usage of facilities or services. ‘‘(B) EFFECT OF FAILURE TO IMPLEMENT OR COMPLY WITH POLICY.—If the entities referred to in subparagraph (A) fail to implement the policy in accordance with para- graph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall— ‘‘(i) determine the appropriate compensation in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1); and ‘‘(ii) enforce its determination on the party or par- ties involved.’’; and (C) in paragraph (4), by striking ‘‘public authorities providing commuter rail passenger transportation’’ and inserting ‘‘commuter authorities’’; and (4) in subsection (d)— (A) by striking ‘‘2016 through 2020’’ and inserting ‘‘2022 through 2026’’; and (B) by striking ‘‘section 11101(g) of the Passenger Rail Reform and Investment Act of 2015’’ and inserting ‘‘section 22101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021’’. H. R. 3684—290 SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS. (a) IN GENERAL.—Section 22907 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting ‘‘(including the Dis- trict of Columbia)’’ after ‘‘State’’; (B) in paragraph (6), by inserting ‘‘rail carrier and intercity rail passenger transportation are’’ before ‘‘defined’’; (C) by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and (D) by inserting after paragraph (7) the following: ‘‘(8) An association representing 1 or more railroads described in paragraph (7).’’; ‘‘(9) A federally recognized Indian Tribe.’’; (2) in subsection (c)— (A) in paragraph (3), by adding ‘‘or safety’’ after ‘‘congestion’’; (B) in paragraph (6), by striking ‘‘and’’ and inserting ‘‘or’’; (C) by redesignating paragraphs (11) and (12) as para- graphs (12) and (13), respectively; (D) by inserting after paragraph (10) the following: ‘‘(11) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatali- ties.’’; and (E) by inserting after paragraph (13), as redesignated, the following: ‘‘(14) Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pres- sure environment. ‘‘(15) The preparation of emergency plans for communities through which hazardous materials are transported by rail. ‘‘(16) Rehabilitating, remanufacturing, procuring, or over- hauling locomotives, provided that such activities result in a significant reduction of emissions.’’; and (3) in subsection (h), by adding at the end the following: ‘‘(4) GRADE CROSSING AND TRESPASSING PROJECTS.— Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection (c)(5) and trespassing prevention projects under subsection (c)(11) to satisfy the non- Federal share requirements.’’. (b) RULE OF CONSTRUCTION.—The amendments made by sub- section (a) may not be construed to affect any grant, including any application for a grant, made under section 22907 of title 49, United States Code, before the date of enactment of this Act. (c) TECHNICAL CORRECTION.— (1) IN GENERAL.—Section 22907(l)(1)(A) of title 49, United States Code, is amended by inserting ‘‘, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing,’’ after ‘‘under chapter 227’’. (2) APPLICABILITY.—The amendment made by paragraph (1) shall apply to amounts remaining under section 22907(l) H. R. 3684—291 of title 49, United States Code, from appropriations for prior fiscal years. SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS. Section 22908 of title 49, United States Code, is amended— (1) by amending subsection (a) to read as follows: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) APPLICANT.—Notwithstanding section 22901(1), the term ‘applicant’ means— ‘‘(A) a State, including the District of Columbia; ‘‘(B) a group of States; ‘‘(C) an entity implementing an interstate compact; ‘‘(D) a public agency or publicly chartered authority established by 1 or more States; ‘‘(E) a political subdivision of a State; ‘‘(F) a federally recognized Indian Tribe; ‘‘(G) Amtrak or another rail carrier that provides inter- city rail passenger transportation; ‘‘(H) any rail carrier in partnership with at least 1 of the entities described in subparagraphs (A) through (F); and ‘‘(I) any combination of the entities described in sub- paragraphs (A) through (F). ‘‘(2) OPERATING ASSISTANCE.—The term ‘operating assist- ance’, with respect to any route subject to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), means any cost allocated, or that may be allocated, to a route pursuant to the cost methodology estab- lished under such section or under section 24712.’’; (2) in subsection (c)(3), by striking ‘‘3 years’’ each place such term appears and inserting ‘‘6 years’’; (3) in subsection (d)— (A) in paragraph (8), by striking ‘‘and’’; (B) in paragraph (9), by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(10) for routes selected under the Corridor Identification and Development Program and operated by Amtrak.’’; and (4) in subsection (e)— (A) in paragraph (1)— (i) by striking ‘‘assistance’’; and (ii) by striking ‘‘3 years’’ and inserting ‘‘6 years (including for any such routes selected for funding before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021)’’; and (B) in paragraph (3), by striking subparagraphs (A), (B), and (C) and inserting the following: ‘‘(A) 90 percent of the projected net operating costs for the first year of service; ‘‘(B) 80 percent of the projected net operating costs for the second year of service; ‘‘(C) 70 percent of the projected net operating costs for the third year of service; ‘‘(D) 60 percent of the projected net operating costs for the fourth year of service; ‘‘(E) 50 percent of the projected net operating costs for the fifth year of service; and H. R. 3684—292 ‘‘(F) 30 percent of the projected net operating costs for the sixth year of service.’’. SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM. (a) IN GENERAL.—Chapter 229 of title 49, United States Code, is amended by adding at the end the following: ‘‘§ 22909. Railroad Crossing Elimination Program ‘‘(a) IN GENERAL.—The Secretary of Transportation, in coopera- tion with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the ‘Program’) under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway- rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. ‘‘(b) GOALS.—The goals of the Program are— ‘‘(1) to eliminate highway-rail grade crossings that are fre- quently blocked by trains; ‘‘(2) to improve the health and safety of communities; ‘‘(3) to reduce the impacts that freight movement and rail- road operations may have on underserved communities; and ‘‘(4) to improve the mobility of people and goods. ‘‘(c) ELIGIBLE RECIPIENTS.—The following entities are eligible to receive a grant under this section: ‘‘(1) A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions. ‘‘(2) A political subdivision of a State. ‘‘(3) A federally recognized Indian Tribe. ‘‘(4) A unit of local government or a group of local govern- ments. ‘‘(5) A public port authority. ‘‘(6) A metropolitan planning organization. ‘‘(7) A group of entities described in any of paragraphs (1) through (6). ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may award a grant under the Program for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving— ‘‘(1) grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof; ‘‘(2) track relocation; ‘‘(3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2); ‘‘(4) other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions); ‘‘(5) a group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or ‘‘(6) the planning, environmental review, and design of an eligible project described in paragraphs (1) through (5). ‘‘(e) APPLICATION PROCESS.— ‘‘(1) IN GENERAL.—An eligible entity seeking a grant under the Program shall submit an application to the Secretary at H. R. 3684—293 such time, in such manner, and containing such information as the Secretary may require. ‘‘(2) RAILROAD APPROVALS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construc- tion of a project funded by a grant under the Program. ‘‘(B) EXCEPTION.—The requirement under subpara- graph (A) shall not apply to planning projects described in subsection (d)(6) if the applicant agrees to work collabo- ratively with rail carriers and right-of-way owners. ‘‘(f) PROJECT SELECTION CRITERIA.— ‘‘(1) IN GENERAL.—In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would— ‘‘(A) improve safety at highway-rail or pathway-rail grade crossings; ‘‘(B) grade separate, eliminate, or close highway-rail or pathway-rail grade crossings; ‘‘(C) improve the mobility of people and goods; ‘‘(D) reduce emissions, protect the environment, and provide community benefits, including noise reduction; ‘‘(E) improve access to emergency services; ‘‘(F) provide economic benefits; and ‘‘(G) improve access to communities separated by rail crossings. ‘‘(2) ADDITIONAL CONSIDERATIONS.—In awarding grants under the Program, the Secretary shall consider— ‘‘(A) the degree to which the proposed project will use— ‘‘(i) innovative technologies; ‘‘(ii) innovative design and construction techniques; or ‘‘(iii) construction materials that reduce green- house gas emissions; ‘‘(B) the applicant’s planned use of contracting incen- tives to employ local labor, to the extent permissible under Federal law; ‘‘(C) whether the proposed project will improve the mobility of— ‘‘(i) multiple modes of transportation, including ingress and egress from freight facilities; or ‘‘(ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transpor- tation; ‘‘(D) whether the proposed project is identified in— ‘‘(i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9); ‘‘(ii) a State rail plan prepared in accordance with chapter 227; or ‘‘(iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the Pas- senger Rail Reform and Investment Act of 2015 (title XI of Public Law 114–94); and ‘‘(E) the level of financial support provided by impacted rail carriers. H. R. 3684—294 ‘‘(3) AWARD DISTRIBUTION.—In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations: ‘‘(A) GRANT FUNDS.—Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. The requirement under section 22907(l), which applies to this section, shall not apply to grant funds reserved specifically under this subparagraph. Not less than 5 percent of the grant funds reserved under this subparagraph shall be reserved for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted. ‘‘(B) PLANNING GRANTS.—Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 22104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021 shall be awarded for projects located in rural areas or on tribal lands. ‘‘(C) STATE LIMITATION.—Not more than 20 percent of the grant funds available for the Program in any fiscal year may be selected for projects in any single State. ‘‘(D) MINIMUM SIZE.—No grant awarded under this sec- tion shall be for less than $1,000,000, except for a planning grant described in subsection (d)(6). ‘‘(g) COST SHARE.—Except as provided in paragraph (2), the Federal share of the cost of a project carried out using a grant under the Program may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs. ‘‘(h) CONGRESSIONAL NOTIFICATION.—Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, which shall include— ‘‘(1) a summary of the project; and ‘‘(2) the amount of the proposed grant award. ‘‘(i) ANNUAL REPORT.—Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation— ‘‘(1) a list of all eligible applicants that submitted an application for funding under the Program during the current fiscal year; ‘‘(2) a list of the grant recipients and projects that received grant funding under the Program during such fiscal year; and ‘‘(3) a list of the proposed projects and applicants that were determined to be ineligible. ‘‘(j) COMMUTER RAIL ELIGIBILITY AND GRANT CONDITIONS.— ‘‘(1) IN GENERAL.—Section 22905(f) shall not apply to grants awarded under this section for commuter rail passenger transportation projects. ‘‘(2) ADMINISTRATION OF FUNDS.—The Secretary of Transportation shall transfer amounts awarded under this sec- tion for commuter rail passenger transportation projects to H. R. 3684—295 the Federal Transit Administration, which shall administer such funds in accordance with chapter 53. ‘‘(3) PROTECTIVE ARRANGEMENTS.— ‘‘(A) IN GENERAL.—Notwithstanding paragraph (2) and section 22905(e)(1), as a condition of receiving a grant under this section, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retire- ment Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements required to be estab- lished under section 22905(c)(2)(B). ‘‘(B) IMPLEMENTATION.—A grant recipient under this section, and the successors, assigns, and contractors of such grant recipient— ‘‘(i) shall be bound by the employee protective arrangements required under subparagraph (A); and ‘‘(ii) shall be responsible for the implementation of such arrangements and for the obligations under such arrangements, but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement. ‘‘(k) DEFINED TERM.—In this section, the term ‘rural area’ means any area that is not within an area designated as an urban- ized area by the Bureau of the Census.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 229 of title 49, United States Code, is amended by adding at the end the following: ‘‘22909. Railroad Crossing Elimination Program.’’. SEC. 22306. INTERSTATE RAIL COMPACTS. (a) IN GENERAL.—Chapter 229 of title 49, United States Code (as amended by section 22305(a)), is further amended by adding at the end the following: ‘‘§ 22910. Interstate Rail Compacts Grant Program ‘‘(a) GRANTS AUTHORIZED.—The Secretary of Transportation shall establish a competitive grant program to provide financial assistance to entities implementing interstate rail compacts pursu- ant to section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note) for— ‘‘(1) costs of administration; ‘‘(2) systems planning, including studying the impacts on freight rail operations and ridership; ‘‘(3) promotion of intercity passenger rail operation; ‘‘(4) preparation of applications for competitive Federal grant programs; and ‘‘(5) operations coordination. ‘‘(b) MAXIMUM AMOUNT.—The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year. ‘‘(c) SELECTION CRITERIA.—In selecting a recipient of a grant for an eligible project under this section, the Secretary shall con- sider— ‘‘(1) the amount of funding received (including funding from a rail carrier (as defined in section 24102)) or other participation by State, local, and regional governments and the private sector; H. R. 3684—296 ‘‘(2) the applicant’s work to foster economic development through rail service, particularly in rural communities; ‘‘(3) whether the applicant seeks to restore service over routes formerly operated by Amtrak, including routes described in section 11304(a) of the Passenger Rail Reform and Invest- ment Act of 2015 (title XI of division A of Public Law 114– 94); ‘‘(4) the applicant’s dedication to providing intercity pas- senger rail service to regions and communities that are under- served or not served by other intercity public transportation; ‘‘(5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity passenger rail service; ‘‘(6) whether the applicant has prepared regional rail or corridor service development plans and corresponding environ- mental analysis; and ‘‘(7) whether the applicant has engaged with appropriate government entities and transportation providers to identify projects necessary to enhance multimodal connections or facili- tate service integration between rail service and other modes, including between intercity passenger rail service and intercity bus service or commercial air service. ‘‘(d) NUMERICAL LIMITATION.—The Secretary may not award grants under this section for more than 10 interstate rail compacts in any fiscal year. ‘‘(e) OPERATOR LIMITATION.—The Secretary may only award grants under this section to applicants with eligible expenses related to intercity passenger rail service to be operated by Amtrak. ‘‘(f) NON-FEDERAL MATCH.—The Secretary shall require each recipient of a grant under this section to provide a non-Federal match of not less than 50 percent of the eligible expenses of carrying out the interstate rail compact under this section. ‘‘(g) REPORT.—Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary, after consultation with grant recipients under this section, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— ‘‘(1) the implementation of this section; ‘‘(2) the status of the planning efforts and coordination funded by grants awarded under this section; ‘‘(3) the plans of grant recipients for continued implementa- tion of the interstate rail compacts; ‘‘(4) the status of, and data regarding, any new, restored, or enhanced rail services initiated under the interstate rail compacts; and ‘‘(5) any legislative recommendations.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 229 of title 49, United States Code (as amended by section 22305(b)), is amended by adding at the end the following: ‘‘22910. Interstate Rail Compacts Grant Program.’’. (c) IDENTIFICATION.—Section 410 of the Amtrak Reform and Accountability Act of 1997 (Public Law 105–134; 49 U.S.C. 24101 note) is amended— (1) in subsection (b)(2), by striking ‘‘(except funds made available for Amtrak)’’; and H. R. 3684—297 (2) by adding at the end the following: ‘‘(c) NOTIFICATION REQUIREMENT.—Any State that enters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact. ‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The Secretary of Transportation shall— ‘‘(1) make available on a publicly accessible website a list of interstate rail compacts established under subsection (a) before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 and interstate rail compacts estab- lished after such date; and ‘‘(2) make information regarding interstate rail compacts available to the public, including how States may establish interstate rail compacts under subsection (a), and update such information, as necessary.’’. SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PAS- SENGER RAIL GRANTS. (a) IN GENERAL.—Section 24911 of title 49, United States Code, is amended— (1) in the section heading, by striking ‘‘for state of good repair’’ and inserting ‘‘for intercity passenger rail’’; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (F), by striking ‘‘or’’ at the end; (ii) by redesignating subsection (G) as subsection (H); (iii) by inserting after subparagraph (F), the fol- lowing: ‘‘(G) a federally recognized Indian Tribe; or’’; and (iv) in subsection (H), as redesignated, by striking ‘‘(F)’’ and inserting ‘‘(G)’’; (B) by striking paragraphs (2) and (5); and (C) by redesignating paragraphs (3) and (4) as para- graphs (2) and (3), respectively; (3) in subsection (b), by striking ‘‘with respect to qualified railroad assets’’ and inserting ‘‘, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved;’’; (4) by striking subsections (c) through (e) and inserting the following: ‘‘(c) ELIGIBLE PROJECTS.—The following capital projects, including acquisition of real property interests, are eligible to receive grants under this section: ‘‘(1) A project to replace, rehabilitate, or repair infrastruc- ture, equipment, or a facility used for providing intercity pas- senger rail service to bring such assets into a state of good repair. ‘‘(2) A project to improve intercity passenger rail service performance, including reduced trip times, increased train fre- quencies, higher operating speeds, improved reliability, H. R. 3684—298 expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary. ‘‘(3) A project to expand or establish new intercity passenger rail service. ‘‘(4) A group of related projects described in paragraphs (1) through (3). ‘‘(5) The planning, environmental studies, and final design for a project or group of projects described in paragraphs (1) through (4). ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting a project for funding under this section— ‘‘(1) for projects located on the Northeast Corridor, the Secretary shall— ‘‘(A) make selections consistent with the Northeast Cor- ridor Project Inventory published pursuant to subsection (e)(1), unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and ‘‘(B) for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location— ‘‘(i) are in compliance with section 24905(c)(2); and ‘‘(ii) identify funding for the intercity passenger rail share, the commuter rail share, and the local share of the eligible project before the commencement of the project; ‘‘(2) for projects not located on the Northeast Corridor, the Secretary shall— ‘‘(A) give preference to eligible projects— ‘‘(i) for which Amtrak is not the sole applicant; ‘‘(ii) that improve the financial performance, reli- ability, service frequency, or address the state of good repair of an Amtrak route; and ‘‘(iii) that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program pursuant to section 25101; and ‘‘(B) take into account— ‘‘(i) the cost-benefit analysis of the proposed project, including anticipated private and public bene- fits relative to the costs of the proposed project, including— ‘‘(I) effects on system and service performance, including as measured by applicable metrics set forth in part 273 of title 49, Code of Federal Regu- lations (or successor regulations); ‘‘(II) effects on safety, competitiveness, reli- ability, trip or transit time, greenhouse gas emis- sions, and resilience; ‘‘(III) anticipated positive economic and employment impacts, including development in areas near passenger stations, historic districts, or other opportunity zones; H. R. 3684—299 ‘‘(IV) efficiencies from improved connections with other modes; and ‘‘(V) ability to meet existing or anticipated demand; ‘‘(ii) the degree to which the proposed project’s business plan considers potential private sector partici- pation in the financing, construction, or operation of the proposed project; ‘‘(iii) the applicant’s past performance in devel- oping and delivering similar projects, and previous financial contributions; ‘‘(iv) whether the applicant has, or will have— ‘‘(I) the legal, financial, and technical capacity to carry out the project; ‘‘(II) satisfactory continuing access to the equipment or facilities; and ‘‘(III) the capability and willingness to main- tain the equipment or facilities; ‘‘(v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law; ‘‘(vi) whether the proposed project serves histori- cally unconnected or underconnected communities; and ‘‘(vii) any other relevant factors, as determined by the Secretary; and ‘‘(3) the Secretary shall reserve— ‘‘(A) not less than 45 percent of the amounts appro- priated for grants under this section for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or in part) a long-distance route; and ‘‘(B) not less than 45 percent of the amounts appro- priated for grants under this section for projects listed on the Northeast Corridor project inventory published pursuant to subsection (e)(1). ‘‘(e) LONG-TERM PLANNING.—Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that— ‘‘(1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section; ‘‘(2) specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as nec- essary, if recipients are not carrying out projects in accordance with the anticipated schedule; ‘‘(3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a); ‘‘(4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d); H. R. 3684—300 ‘‘(5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other rel- evant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and ‘‘(6) is developed in consultation with the Northeast Cor- ridor Commission and the owners of Northeast Corridor infra- structure and facilities.’’; (5) in subsection (f)(2), by inserting ‘‘, except as specified under paragraph (4)’’ after ‘‘80 percent’’; (6) in subsection (g)— (A) in the subsection heading, by inserting ‘‘; PHASED FUNDING AGREEMENTS’’ after ‘‘INTENT’’; (B) in paragraph (1)— (i) in the paragraph heading, by striking ‘‘IN GEN- ERAL’’ and inserting ‘‘LETTERS OF INTENT’’; and (ii) by striking ‘‘shall, to the maximum extent prac- ticable,’’ and inserting ‘‘may’’; (C) by redesignating paragraphs (2) and (3) as para- graphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: ‘‘(2) PHASED FUNDING AGREEMENTS.— ‘‘(A) IN GENERAL.—The Secretary may enter into a phased funding agreement with an applicant if— ‘‘(i) the project is highly rated, based on the evalua- tions and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and ‘‘(ii) the Federal assistance to be provided for the project under this section is more than $80,000,000. ‘‘(B) TERMS.—A phased funding agreement shall— ‘‘(i) establish the terms of participation by the Fed- eral Government in the project; ‘‘(ii) establish the maximum amount of Federal financial assistance for the project; ‘‘(iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized; ‘‘(iv) make timely and efficient management of the project easier in accordance with Federal law; and ‘‘(v) if applicable, specify when the process for com- plying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environ- mental laws will be completed for the project. ‘‘(C) SPECIAL FINANCIAL RULES.— ‘‘(i) IN GENERAL.—A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this para- graph, to obligate an additional amount from future available budget authority specified in law. ‘‘(ii) STATEMENT OF CONTINGENT COMMITMENT.— The agreement shall state that the contingent commit- ment is not an obligation of the Government. ‘‘(iii) INTEREST AND OTHER FINANCING COSTS.— Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased H. R. 3684—301 funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, to the satis- faction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. ‘‘(iv) FAILURE TO CARRY OUT PROJECT.—If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activi- ties, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control. ‘‘(v) CREDITING OF FUNDS RECEIVED.—Any funds received by the Government under this paragraph, except for interest and penalty charges, shall be cred- ited to the appropriation account from which the funds were originally derived.’’; (E) in paragraph (3), as redesignated— (i) in subparagraph (A), in the matter preceding clause (i), by inserting ‘‘a phased funding agreement under paragraph (2) or’’ after ‘‘issuing’’; and (ii) in subparagraph (B)(i), by inserting ‘‘the phased funding agreement or’’ after ‘‘a copy of’’; and (F) in paragraph (4), as redesignated— (i) by striking ‘‘An obligation’’ and inserting the following: ‘‘(B) APPROPRIATIONS REQUIRED.—An obligation’’; and (ii) by inserting before subparagraph (B), as added by clause (i), the following: ‘‘(A) IN GENERAL.—The Secretary may enter into phased funding agreements under this subsection that con- tain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.’’; (7) in subsection (i), by striking ‘‘section 22905’’ and inserting ‘‘sections 22903 and 22905’’; and (8) by adding at the end the following: ‘‘(j) ANNUAL REPORT ON PHASED FUNDING AGREEMENTS AND LETTERS OF INTENT.—Not later than the first Monday in February of each year, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Com- mittee on Appropriations of the Senate, the Committee on Transpor- tation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes— ‘‘(1) a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts; H. R. 3684—302 ‘‘(2) evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and ‘‘(3) recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary. ‘‘(k) REGIONAL PLANNING GUIDANCE CORRIDOR PLANNING.—The Secretary may withhold up to 5 percent of the total amount made available for this section to carry out planning and development activities related to section 25101, including— ‘‘(1) providing funding to public entities for the development of service development plans selected under the Corridor Identi- fication and Development Program; ‘‘(2) facilitating and providing guidance for intercity pas- senger rail systems planning; and ‘‘(3) providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 249 of title 49, United States Code, is amended by striking the item relating to section 24911 and inserting the following: ‘‘24911. Federal-State partnership for intercity passenger rail.’’. SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PRO- GRAM. (a) IN GENERAL.—Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following: ‘‘CHAPTER 251—PASSENGER RAIL PLANNING ‘‘Sec. ‘‘25101. Corridor Identification and Development Program. ‘‘§ 25101. Corridor Identification and Development Program ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall establish a program to facilitate the development of intercity passenger rail corridors. The program shall include— ‘‘(1) a process for eligible entities described in subsection (b) to submit proposals for the development of intercity pas- senger rail corridors; ‘‘(2) a process for the Secretary to review and select pro- posals in accordance with subsection (c); ‘‘(3) criteria for determining the level of readiness for Fed- eral financial assistance of an intercity passenger rail corridor, which shall include— ‘‘(A) identification of a service operator which may include Amtrak or private rail carriers; ‘‘(B) identification of a service sponsor or sponsors; ‘‘(C) identification capital project sponsors; ‘‘(D) engagement with the host railroads; and ‘‘(E) other criteria as determined appropriate by the Secretary; H. R. 3684—303 ‘‘(4) a process for preparing service development plans in accordance with subsection (d), including the identification of planning funds, such as funds made available under section 24911(k) and interstate rail compact grants established under section 22210; ‘‘(5) the creation of a pipeline of intercity passenger rail corridor projects under subsection (g); ‘‘(6) planning guidance to achieve the purposes of this sec- tion, including guidance for intercity passenger rail corridors not selected under this section; and ‘‘(7) such other features as the Secretary considers relevant to the successful development of intercity passenger rail cor- ridors. ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may receive proposals under this section from Amtrak, States, groups of States, entities implementing interstate compacts, regional passenger rail authori- ties, regional planning organizations, political subdivisions of a State, federally recognized Indian Tribes, and other public entities, as determined by the Secretary. ‘‘(c) CORRIDOR SELECTION.—In selecting intercity passenger rail corridors pursuant to subsection (a), the Secretary shall consider— ‘‘(1) whether the route was identified as part of a regional or interregional intercity passenger rail systems planning study; ‘‘(2) projected ridership, revenues, capital investment, and operating funding requirements; ‘‘(3) anticipated environmental, congestion mitigation, and other public benefits; ‘‘(4) projected trip times and their competitiveness with other transportation modes; ‘‘(5) anticipated positive economic and employment impacts, including development in the areas near passenger stations, historic districts, or other opportunity zones; ‘‘(6) committed or anticipated State, regional transportation authority, or other non-Federal funding for operating and cap- ital costs; ‘‘(7) benefits to rural communities; ‘‘(8) whether the corridor is included in a State’s approved State rail plan developed pursuant to chapter 227; ‘‘(9) whether the corridor serves historically unserved or underserved and low-income communities or areas of persistent poverty; ‘‘(10) whether the corridor would benefit or improve connectivity with existing or planned transportation services of other modes; ‘‘(11) whether the corridor connects at least 2 of the 100 most populated metropolitan areas; ‘‘(12) whether the corridor would enhance the regional equity and geographic diversity of intercity passenger rail service; ‘‘(13) whether the corridor is or would be integrated into the national rail passenger transportation system and whether the corridor would create benefits for other passenger rail routes and services; and ‘‘(14) whether a passenger rail operator, including a private rail carrier, has expressed support for the corridor. H. R. 3684—304 ‘‘(d) SERVICE DEVELOPMENT PLANS.—For each corridor proposal selected for development under this section, the Secretary shall partner with the entity that submitted the proposal, relevant States, and Amtrak, as appropriate, to prepare a service development plan (or to update an existing service development plan), which shall include— ‘‘(1) a detailed description of the proposed intercity pas- senger rail service, including train frequencies, peak and aver- age operating speeds, and trip times; ‘‘(2) a corridor project inventory that— ‘‘(A) identifies the capital projects necessary to achieve the proposed intercity passenger rail service, including— ‘‘(i) the capital projects for which Federal invest- ment will be sought; ‘‘(ii) the likely project applicants; and ‘‘(iii) the proposed Federal funding levels; ‘‘(B) specifies the order in which Federal funding will be sought for the capital projects identified under subpara- graph (A), after considering the appropriate sequence and phasing of projects based on the anticipated availability of funds; and ‘‘(C) is developed in consultation with the entities listed in subsection (e); ‘‘(3) a schedule and any associated phasing of projects and related service initiation or changes; ‘‘(4) project sponsors and other entities expected to partici- pate in carrying out the plan; ‘‘(5) a description of how the corridor would comply with Federal rail safety and security laws, orders, and regulations; ‘‘(6) the locations of existing and proposed stations; ‘‘(7) the needs for rolling stock and other equipment; ‘‘(8) a financial plan identifying projected— ‘‘(A) annual revenues; ‘‘(B) annual ridership; ‘‘(C) capital investments before service could be initi- ated; ‘‘(D) capital investments required to maintain service; ‘‘(E) annual operating and costs; and ‘‘(F) sources of capital investment and operating finan- cial support; ‘‘(9) a description of how the corridor would contribute to the development of a multi-State regional network of inter- city passenger rail; ‘‘(10) an intermodal plan describing how the new or improved corridor facilitates travel connections with other pas- senger transportation services; ‘‘(11) a description of the anticipated environmental benefits of the corridor; and ‘‘(12) a description of the corridor’s impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area. ‘‘(e) CONSULTATION.—In partnering on the preparation of a service development plan under subsection (d), the Secretary shall consult with— ‘‘(1) Amtrak; ‘‘(2) appropriate State and regional transportation authori- ties and local officials; H. R. 3684—305 ‘‘(3) representatives of employee labor organizations rep- resenting railroad and other appropriate employees; ‘‘(4) host railroads for the proposed corridor; and ‘‘(5) other stakeholders, as determined by the Secretary. ‘‘(f) UPDATES.—Every 5 years, after the initial development of the service development plan under subsection (d), if at least 40 percent of the work to implement a service development plan prepared under subsection (d) has not yet been completed, the plan’s sponsor, in consultation with the Secretary, shall determine whether such plan should be updated. ‘‘(g) PROJECT PIPELINE.—Not later than 1 year after the establishment of the program under this section, and by February 1st of each year thereafter, the Secretary shall submit to the Com- mittee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure of the House of Representa- tives, and the Committee on Appropriations of the House of Rep- resentatives a project pipeline, in accordance with this section, that— ‘‘(1) identifies intercity passenger rail corridors selected for development under this section; ‘‘(2) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels, as applicable, consistent with the corridor project inventory; ‘‘(3) specifies the order in which the Secretary would pro- vide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule; ‘‘(4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory; ‘‘(5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other rel- evant funding levels for the next 5 fiscal years based on information currently available to the Secretary; ‘‘(6) is prioritized based on the level of readiness of the corridor; and ‘‘(7) reflects consultation with Amtrak. ‘‘(h) DEFINITION.—In this section, the term ‘intercity passenger rail corridor’ means— ‘‘(1) a new intercity passenger rail route of less than 750 miles; ‘‘(2) the enhancement of an existing intercity passenger rail route of less than 750 miles; ‘‘(3) the restoration of service over all or portions of an intercity passenger rail route formerly operated by Amtrak; or ‘‘(4) the increase of service frequency of a long-distance intercity passenger rail route.’’. (b) CLERICAL AMENDMENT.—The table of chapters for subtitle V of title 49, United States Code, is amended by inserting after the item relating to chapter 249 the following: ‘‘Chapter 251. Passenger rail planning .......................................................25101’’. H. R. 3684—306 SEC. 22309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PRO- GRAM. The Surface Transportation Board shall— (1) establish a passenger rail program with primary respon- sibility for carrying out the Board’s passenger rail responsibil- ities; and (2) hire up to 10 additional full-time employees to assist in carrying out the responsibilities referred to in paragraph (1). Subtitle D—Rail Safety SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION. (a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the requirements of the railway-highway crossings program authorized under section 130 of title 23, United States Code, to determine whether— (1) the requirements of the program provide States suffi- cient flexibility to adequately address current and emerging highway-rail grade crossing safety issues; (2) the structure of the program provides sufficient incen- tives and resources to States and local agencies to make changes at highway-rail grade crossings that are most effective at reducing deaths and injuries; (3) there are appropriate tools and resources to support States in using data driven programs to determine the most cost-effective use of program funds; and (4) any statutory changes are recommended to improve the effectiveness of the program. (b) REPORT.—Not later than 4 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Com- mittee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes and describes the results of the evaluation conducted pursuant to subsection (a), including any rec- ommended statutory changes. SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION MODEL. Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall— (1) update the grade crossing accident prediction and severity model used by the Federal Railroad Administration to analyze accident risk at highway-rail grade crossings; and (2) provide training on the use of the updated grade crossing accident prediction and severity model. SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND PLANS. (a) HIGHWAY-RAIL GRADE CROSSING SAFETY.—Section 11401 of the Fixing America’s Surface Transportation Act (Public Law 114– 94; 49 U.S.C. 22907 note) is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (b) REPORTS ON HIGHWAY-RAIL GRADE CROSSING SAFETY.— H. R. 3684—307 (1) IN GENERAL.—Chapter 201 of title 49, United States Code, is amended by inserting after section 20166 the following: ‘‘§ 20167. Reports on highway-rail grade crossing safety ‘‘(a) REPORT.—Not later than 4 years after the date by which States are required to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America’s Surface Transportation Act (49 U.S.C. 22907 note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the State highway-rail grade crossing action plans, including— ‘‘(1) an analysis and evaluation of each State railway-high- way crossings program under section 130 of title 23, including— ‘‘(A) compliance with section 11401 of the Fixing Amer- ica’s Surface Transportation Act and section 130(g) of title 23; and ‘‘(B) the specific strategies identified by each State to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents; ‘‘(2) the progress of each State in implementing its State highway-rail grade crossings action plan; ‘‘(3) the number of highway-rail grade crossing projects undertaken pursuant to section 130 of title 23, including the distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations; ‘‘(4) which States are not in compliance with their schedule of projects under section 130(d) of title 23; and ‘‘(5) any recommendations for future implementation of the railway-highway crossings program under section 130 of title 23. ‘‘(b) UPDATES.—Not later than 5 years after the submission of the report required under subsection (a), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall— ‘‘(1) update the report based on the State annual reports submitted pursuant to section 130(g) of title 23 and any other information obtained by or available to the Administrator of the Federal Railroad Administration; and ‘‘(2) submit the updated report to the Committee on Com- merce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) HIGHWAY-RAIL GRADE CROSSING.—The term ‘highway- rail grade crossing’ means a location within a State, other than a location at which 1 or more railroad tracks cross 1 or more railroad tracks at grade, at which— ‘‘(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks, either at grade or grade- separated; or ‘‘(B) a pathway explicitly authorized by a public authority or a railroad carrier that— H. R. 3684—308 ‘‘(i) is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others; ‘‘(ii) is not associated with a public highway, road, or street, or a private roadway; and ‘‘(iii) crosses 1 or more railroad tracks, either at grade or grade-separated. ‘‘(2) STATE.—The term ‘State’ means a State of the United States or the District of Columbia.’’. (2) CLERICAL AMENDMENT.—The analysis for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20166 the following: ‘‘20167. Reports on highway-rail grade crossing safety.’’. (c) ANNUAL REPORT.—Section 130(g) of title 23, United States Code, is amended to read as follows: ‘‘(g) ANNUAL REPORT.— ‘‘(1) IN GENERAL.—Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes— ‘‘(A) the progress being made to implement the railway- highway crossings program authorized under this section; and ‘‘(B) the effectiveness of the improvements made as a result of such implementation. ‘‘(2) CONTENTS.—Each report submitted pursuant to para- graph (1) shall contain an assessment of— ‘‘(A) the costs of the various treatments employed by the State to implement the railway-highway crossings pro- gram; and ‘‘(B) the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments. ‘‘(3) COORDINATION.—Not later than 30 days after the Fed- eral Highway Administration’s acceptance of each report sub- mitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report avail- able to the Administrator of the Federal Railroad Administra- tion.’’. SEC. 22404. BLOCKED CROSSING PORTAL. (a) IN GENERAL.—The Administrator of the Federal Railroad Administration shall establish a 3-year blocked crossing portal, which shall include the maintenance of the portal and corresponding database to receive, store, and retrieve information regarding blocked highway-rail grade crossings. (b) BLOCKED CROSSING PORTAL.—The Administrator of the Fed- eral Railroad Administration shall establish a blocked crossing portal that— (1) collects information from the public, including first responders, regarding blocked highway-rail grade crossing events; (2) solicits the apparent cause of the blocked crossing and provides examples of common causes of blocked crossings, such as idling trains or instances when lights or gates are activated when no train is present; (3) provides each complainant with the contact information for reporting a blocked crossing to the relevant railroad; and H. R. 3684—309 (4) encourages each complainant to report the blocked crossing to the relevant railroad. (c) COMPLAINTS.—The blocked crossing portal shall be pro- grammed to receive complaints from the general public about blocked highway-rail grade crossings. Any complaint reported through the portal shall indicate whether the complainant also reported the blocked crossing to the relevant railroad. (d) INFORMATION RECEIVED.—In reviewing complaints received pursuant to subsection (c), the Federal Railroad Administration shall review, to the extent practicable, the information received from the complainant to account for duplicative or erroneous reporting. (e) USE OF INFORMATION.—The information received and main- tained in the blocked crossing portal database shall be used by the Federal Railroad Administration— (1) to identify frequent and long-duration blocked highway- rail grade crossings; (2) as a basis for conducting outreach to communities, emergency responders, and railroads; (3) to support collaboration in the prevention of incidents at highway-rail grade crossings; and (4) to assess the impacts of blocked crossings. (f) SHARING INFORMATION RECEIVED.— (1) IN GENERAL.—The Administrator of the Federal Rail- road Administration shall implement and make publicly avail- able procedures for sharing any nonaggregated information received through the blocked crossing portal with the public. (2) RULE OF CONSTRUCTION.—Nothing in this section may be construed to authorize the Federal Railroad Administration to make publically available sensitive security information. (g) ADDITIONAL INFORMATION.—If the information submitted to the blocked crossing portal is insufficient to determine the loca- tions and potential impacts of blocked highway-rail grade crossings, the Federal Railroad Administration may collect, from the general public, State and local law enforcement personnel, and others as appropriate, and on a voluntary basis, such additional information as may be necessary to make such determinations. (h) LIMITATIONS.—Complaints, data, and other information received through the blocked crossing portal may not be used— (1) to infer or extrapolate the rate or instances of crossings beyond the data received through the portal; or (2) for any regulatory or enforcement purposes except those specifically described in this section. (i) REPORTS.— (1) ANNUAL PUBLIC REPORT.—The Administrator of the Fed- eral Railroad Administration shall publish an annual report on a public website regarding the blocked crossing program, including the underlying causes of blocked crossings, program challenges, and other findings. (2) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives that describes— (A) based on the information received through the blocked crossing portal, frequent and long-duration blocked H. R. 3684—310 highway-rail grade crossings, including the locations, dates, durations, and impacts resulting from such occurrences; (B) the Federal Railroad Administration’s process for verifying the accuracy of the complaints submitted to the blocked crossing portal, including whether the portal con- tinues to be effective in collecting such information and identifying blocked crossings; (C) the Federal Railroad Administration’s use of the data compiled by the blocked crossing portal to assess the underlying cause and overall impacts of blocked crossings; (D) the engagement of the Federal Railroad Adminis- tration with affected parties to identify and facilitate solu- tions to frequent and long-duration blocked highway-rail grade crossings identified by the blocked crossing portal; and (E) whether the blocked crossing portal continues to be an effective method to collect blocked crossing informa- tion and what changes could improve its effectiveness. (j) SUNSET.—This section (other than subsection (k)) shall have no force or effect beginning on the date that is 3 years after the date of enactment of this Act. (k) RULE OF CONSTRUCTION.—Nothing in this section may be construed to invalidate any authority of the Secretary with respect to blocked highway-rail grade crossings. The Secretary may continue to use any such authority after the sunset date set forth in sub- section (j). SEC. 22405. DATA ACCESSIBILITY. (a) REVIEW.—Not later than 180 days after the date of enact- ment of this Act, the Chief Information Officer of the Department shall— (1) conduct a review of the website of the Office of Safety Analysis of the Federal Railroad Administration; and (2) provide recommendations to the Secretary for improving the public’s usability and accessibility of the website referred to in paragraph (1). (b) UPDATES.—Not later than 1 year after receiving rec- ommendations from the Chief Information Officer pursuant to sub- section (a)(2), the Secretary, after considering such recommenda- tions, shall update the website of the Office of Safety Analysis of the Federal Railroad Administration to improve the usability and accessibility of the website. SEC. 22406. EMERGENCY LIGHTING. Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to require that all rail carriers providing intercity passenger rail transportation or commuter rail passenger transportation (as such terms are defined in section 24102 of title 49, United States Code), develop and implement periodic inspection plans to ensure that passenger equip- ment offered for revenue service complies with the requirements under part 238 of title 49, Code of Federal Regulations, including ensuring that, in the event of a loss of power, there is adequate emergency lighting available to allow passengers, crew members, and first responders— (1) to see and orient themselves; (2) to identify obstacles; H. R. 3684—311 (3) to safely move throughout the rail car; and (4) to evacuate safely. SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK. (a) COMPREHENSIVE SAFETY ASSESSMENT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall— (1) conduct a focused review of Amtrak’s safety-related processes and procedures, compliance with safety regulations and requirements, and overall safety culture; and (2) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives that includes the findings and recommendations resulting from such assessment. (b) PLAN.— (1) INITIAL PLAN.—Not later than 6 months after the completion of the comprehensive safety assessment under sub- section (a)(1), Amtrak shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for addressing the findings and rec- ommendations raised in the comprehensive safety assessment. (2) ANNUAL UPDATES.—Amtrak shall submit annual updates of its progress toward implementing the plan submitted pursuant to paragraph (1) to the committees listed in such paragraph. SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES. (a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall commence the pilot programs required under subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United States Code. (b) CONSULTATION.—The Federal Railroad Administration shall consult with the class or craft of employees impacted by the pilot projects, including railroad carriers, and representatives of labor organizations representing the impacted employees when designing and conducting the pilot programs referred to in subsection (a). (c) REPORT.—If the pilot programs required under section 21109(e)(1) of title 49, United States Code, have not commenced on the date that is 1 year and 120 days after the date of enactment of this Act, the Secretary, not later than 30 days after such date, submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes— (1) the status of such pilot programs; (2) actions that the Federal Railroad Administration has taken to commence the pilot programs, including efforts to recruit participant railroads; (3) any challenges impacting the commencement of the pilot programs; and (4) any other details associated with the development of the pilot programs that affect progress toward meeting the mandate under such section 21109(e)(1). H. R. 3684—312 SEC. 22409. POSITIVE TRAIN CONTROL STUDY. (a) STUDY.—The Comptroller General of the United States shall conduct a study to determine the annual positive train control system operation and maintenance costs for public commuter rail- roads. (b) REPORT.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the study conducted pursuant to subsection (a), including the esti- mated annual positive train control system operation and mainte- nance costs for public commuter railroads. SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND CERTIFICATION. (a) AUDITS.—Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate audits of the training, qualification, and certification programs of locomotive engineers and conductors of railroad carriers, subject to the requirements of parts 240 and 242 of title 49, Code of Federal Regulations, which audits shall— (1) be conducted in accordance with subsection (b); (2) consider whether such programs are in compliance with such parts 240 and 242; (3) assess the type and content of training that such pro- grams provide locomotive engineers and conductors, relevant to their respective roles, including training related to installed technology; (4) determine whether such programs provide locomotive engineers and conductors the knowledge, skill, and ability to safely operate a locomotive or train, consistent with such parts 240 and 242; (5) determine whether such programs reflect the current operating practices of the railroad carrier; (6) assess the current practice by which railroads utilize simulator training, or any other technologies used to train and qualify locomotive engineers and conductors by examining how such technologies are used; (7) consider international experience and practice using similar technology, as appropriate, particularly before quali- fying locomotive engineers on new or unfamiliar equipment, new train control, diagnostics, or other on-board technology; (8) assess the current practice for familiarizing locomotive engineers and conductors with new territory and using recur- rency training to expose such personnel to normal and abnormal conditions; and (9) ensure that locomotive engineers and conductor training programs are considered separately, as appropriate, based on the unique requirements and regulations. (b) AUDIT SCHEDULING.—The Secretary shall— (1) schedule the audits required under subsection (a) to ensure that— (A) each Class I railroad, including the National Rail- road Passenger Corporation and other intercity passenger rail providers, is audited not less frequently than once every 5 years; and H. R. 3684—313 (B) a select number, as determined appropriate by the Secretary, of Class II and Class III railroads, along with other railroads providing passenger rail service that are not included in subparagraph (A), are audited annually; and (2) conduct the audits described in paragraph (1)(B) in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C of part 209 of title 49, Code of Federal Regulations. (c) UPDATES TO QUALIFICATION AND CERTIFICATION PROGRAM.— If the Secretary, while conducting the audits required under this section, identifies a deficiency in a railroad’s training, qualification, and certification program for locomotive engineers or conductors, the railroad shall update the program to eliminate such deficiency. (d) CONSULTATION AND COOPERATION.— (1) CONSULTATION.—In conducting any audit required under this section, the Secretary shall consult with the railroad and its employees, including any nonprofit employee labor organization representing the engineers or conductors of the railroad. (2) COOPERATION.—The railroad and its employees, including any nonprofit employee labor organization rep- resenting engineers or conductors of the railroad, shall fully cooperate with any such audit, including by— (A) providing any relevant documents requested; and (B) making available any employees for interview with- out undue delay or obstruction. (3) FAILURE TO COOPERATE.—If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing engineers or conduc- tors of the railroad is not fully cooperating with an audit, the Secretary shall electronically notify the Committee on Com- merce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives. (e) REVIEW OF REGULATIONS.—The Secretary shall triennially determine whether any update to part 240 or 242 of title 49, Code of Federal Regulations, is necessary to better prepare loco- motive engineers and conductors to safely operate trains by evalu- ating whether such regulations establish appropriate Federal stand- ards requiring railroads— (1) to provide locomotive engineers or conductors the knowl- edge and skills to safely operate trains under conditions that reflect industry practices; (2) to adequately address locomotive engineer or conductor route situational awareness, including ensuring locomotive engineers and conductors to demonstrate knowledge on the physical characteristics of a territory under various conditions and using various resources; (3) to provide relevant and adequate hands-on training before a locomotive engineer or conductor is certified; (4) to adequately prepare locomotive engineers or conduc- tors to understand relevant locomotive operating characteris- tics, to include instructions on functions they are required to operate on any installed technology; and H. R. 3684—314 (5) to address any other safety issue that the Secretary determines to be appropriate for better preparing locomotive engineers or conductors. (f) ANNUAL REPORT.—The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that— (1) summarizes the findings of the prior year’s audits; (2) summarizes any updates made pursuant to subsection (c); and (3) excludes and confidential business information or sen- sitive security information. SEC. 22411. TRANSPARENCY AND SAFETY. Section 20103(d) of title 49, United States Code, is amended to read as follows: ‘‘(d) NONEMERGENCY WAIVERS.— ‘‘(1) IN GENERAL.—The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety. ‘‘(2) NOTICE REQUIRED.—The Secretary shall— ‘‘(A) provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart E of part 211 of title 49, Code of Federal Regula- tions, or successor regulations; ‘‘(B) make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties; ‘‘(C) provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision; and ‘‘(D) publish on a publicly accessible website the rea- sons for granting each such waiver or suspension. ‘‘(3) INFORMATION PROTECTION.—Nothing in this subsection may be construed to require the release of information protected by law from public disclosure. ‘‘(4) RULEMAKING.— ‘‘(A) IN GENERAL.—Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspen- sion to determine whether issuing a rule that is consistent with the waiver is— ‘‘(i) in the public interest; and ‘‘(ii) consistent with railroad safety. ‘‘(B) FACTORS.—In conducting the review and analysis under subparagraph (A), the Secretary shall consider— ‘‘(i) the relevant safety record under the waiver or suspension; ‘‘(ii) the likelihood that other entities would have similar safety outcomes; ‘‘(iii) the materials submitted in the applications, including any comments regarding such materials; and ‘‘(iv) related rulemaking activity. H. R. 3684—315 ‘‘(C) NOTICE AND COMMENT.— ‘‘(i) IN GENERAL.—The Secretary shall publish the review and analysis required under this paragraph in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, if the Secretary decides not to initiate a regulatory update under subparagraph (D). ‘‘(ii) NOTICE OF PROPOSED RULEMAKING.—The review and analysis under this paragraph shall be included as part of the notice of proposed rulemaking if the Secretary initiates a regulatory update under subparagraph (D). ‘‘(D) REGULATORY UPDATE.—The Secretary may initiate a rulemaking to incorporate relevant aspects of a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, into the relevant regulation, to the extent the Secretary considers appropriate. ‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to delay any waiver granted pursuant to this subsection that is in the public interest and consistent with railroad safety.’’. SEC. 22412. RESEARCH AND DEVELOPMENT. Section 20108 of title 49, United States Code, is amended by adding at the end the following: ‘‘(d) FACILITIES.—The Secretary may erect, alter, and repair buildings and make other public improvements to carry out nec- essary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado. ‘‘(e) OFFSETTING COLLECTIONS.—The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research, development, testing, training, or other services, including long-term sustainment of the on-site physical plant. ‘‘(f) REVOLVING FUND.—Amounts appropriated to carry out sub- section (d) and all fees and rents collected pursuant to subsection (e) shall be credited to a revolving fund and remain available until expended. The Secretary may use such fees and rents for operation, maintenance, repair, or improvement of the Transpor- tation Technology Center. ‘‘(g) LEASES AND CONTRACTS.—Notwithstanding section 1302 of title 40, the Secretary may lease to others or enter into contracts for terms of up to 20 years, for such consideration and subject to such terms and conditions as the Secretary determines to be in the best interests of the Government of the United States, for the operation, maintenance, repair, and improvement of the Transportation Technology Center. ‘‘(h) PROPERTY AND CASUALTY LOSS INSURANCE.—The Secretary may allow its lessees and contractors to purchase property and casualty loss insurance for its assets and activities at the Transpor- tation Technology Center to mitigate the lessee’s or contractor’s risk associated with operating a facility. ‘‘(i) ENERGY PROJECTS.—Notwithstanding section 1341 of title 31, the Secretary may enter into contracts or agreements, or commit to obligations in connection with third-party contracts or agree- ments, including contingent liability for the purchase of electric H. R. 3684—316 power in connection with such contracts or agreements, for terms not to exceed 20 years, to enable the use of the land at the Transpor- tation Technology Center for projects to produce energy from renew- able sources.’’. SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCEL- LENCE. Section 20108 of title 49, United States Code, as amended by section 22412, is further amended by adding at the end the following: ‘‘(j) RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCEL- LENCE.— ‘‘(1) CENTER OF EXCELLENCE.—The Secretary shall award grants to establish and maintain a center of excellence to advance research and development that improves the safety, efficiency, and reliability of passenger and freight rail transpor- tation. ‘‘(2) ELIGIBILITY.—An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a consortium of nonprofit institutions of higher education shall be eligible to receive a grant from the center established pursuant to paragraph (1). ‘‘(3) SELECTION CRITERIA.—In awarding a grant under this subsection, the Secretary shall— ‘‘(A) give preference to applicants with strong past performance related to rail research, education, and workforce development activities; ‘‘(B) consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators; and ‘‘(C) consider the regional and national impacts of the applicant’s proposal. ‘‘(4) USE OF FUNDS.—Grant funds awarded pursuant to this subsection shall be used for basic and applied research, evaluation, education, workforce development, and training efforts related to safety, project delivery, efficiency, reliability, resiliency, and sustainability of urban commuter, intercity high- speed, and freight rail transportation, to include advances in rolling stock, advanced positive train control, human factors, rail infrastructure, shared corridors, grade crossing safety, inspection technology, remote sensing, rail systems mainte- nance, network resiliency, operational reliability, energy effi- ciency, and other advanced technologies. ‘‘(5) FEDERAL SHARE.—The Federal share of a grant awarded under this subsection shall be 50 percent of the cost of establishing and operating the center of excellence and related research activities carried out by the grant recipient.’’. SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM PERFORMANCE. Section 20157 of title 49, United States Code, is amended by adding at the end the following: ‘‘(m) REPORTS ON POSITIVE TRAIN CONTROL SYSTEM PERFORM- ANCE.— ‘‘(1) IN GENERAL.—Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall electronically submit to the Secretary of Transportation a Report of PTC System Performance on Form FRA F 6180.152, H. R. 3684—317 which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the information described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control- governed track segment, consistent with the railroad’s positive train control Implementation Plan described in subsection (a)(1). ‘‘(2) REQUIRED INFORMATION.—Each report submitted pursuant to paragraph (1) shall include, for the applicable reporting period— ‘‘(A) the number of positive train control system initialization failures, disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem, the wayside subsystem, the communications subsystem, the back office subsystem, or a non-positive train control component; ‘‘(B) the number of positive train control system cut outs, disaggregated by each component listed in subpara- graph (A) that was the source or cause of such cut outs; ‘‘(C) the number of positive train control system mal- functions, disaggregated by each component listed in subparagraph (A) that was the source or cause of such malfunctions; ‘‘(D) the number of enforcements by the positive train control system; ‘‘(E) the number of enforcements by the positive train control system in which it is reasonable to assume an accident or incident was prevented; ‘‘(F) the number of scheduled attempts at initialization of the positive train control system; ‘‘(G) the number of train miles governed by the positive train control system; and ‘‘(H) a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures, cut outs, and malfunc- tions, such as any actions to correct or eliminate systemic issues and specific problems. ‘‘(3) DUE DATES.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), each host railroad shall electronically submit the report required under paragraph (1) not later than— ‘‘(i) April 30, for the period from January 1 through March 31; ‘‘(ii) July 31, for the period from April 1 through June 30; ‘‘(iii) October 31, for the period from July 1 through September 30; and ‘‘(iv) January 31, for the period from October 1 through December 31 of the prior calendar year. ‘‘(B) FREQUENCY REDUCTION.—Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less frequently than twice per year, unless the Sec- retary— H. R. 3684—318 ‘‘(i) determines that quarterly reporting is in the public interest; and ‘‘(ii) publishes a justification for such determina- tion in the Federal Register. ‘‘(4) TENANT RAILROADS.—Each tenant railroad that oper- ates on a host railroad’s positive train control-governed main line and is not currently subject to an exception under section 236.1006(b) of title 49, Code of Federal Regulations, shall submit the information described in paragraph (2) to each applicable host railroad on a continuous basis. ‘‘(5) ENFORCEMENTS.—Any railroad operating a positive train control system classified under Federal Railroad Adminis- tration Type Approval number FRA–TA–2010–001 or FRA– TA–2013–003 shall begin submitting the metric required under paragraph (2)(D) not later than January 31, 2023.’’. SEC. 22415. SPEED LIMIT ACTION PLANS. (a) CODIFICATION OF, AND AMENDMENT TO, SECTION 11406 OF THE FAST ACT.—Subchapter II of chapter 201 of subtitle V of title 49, United States Code, is amended by inserting after section 20168 the following: ‘‘§ 20169. Speed limit action plans ‘‘(a) IN GENERAL.—Not later than March 3, 2016, each railroad carrier providing intercity rail passenger transportation or com- muter rail passenger transportation, in consultation with any applicable host railroad carrier, shall survey its entire system and identify each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel. ‘‘(b) ACTION PLANS.—Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary of Transportation an action plan that— ‘‘(1) identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel; ‘‘(2) describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph (1), including— ‘‘(A) modification to automatic train control systems, if applicable, or other signal systems; ‘‘(B) increased crew size; ‘‘(C) installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph (1); ‘‘(D) installation of alerters; ‘‘(E) increased crew communication; and ‘‘(F) other practices; ‘‘(3) contains milestones and target dates for implementing each appropriate action described under paragraph (2); and ‘‘(4) ensures compliance with the maximum authorized speed at each location identified under paragraph (1). H. R. 3684—319 ‘‘(c) APPROVAL.—Not later than 90 days after the date on which an action plan is submitted under subsection (b) or (d)(2), the Secretary shall approve, approve with conditions, or disapprove the action plan. ‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each railroad carrier that submits an action plan to the Secretary pursuant to subsection (b) shall— ‘‘(1) not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and annually thereafter, review such plan to ensure the effectiveness of actions taken to enable warning and enforce- ment of the maximum authorized speed for passenger trains at each location identified pursuant to subsection (b)(1); and ‘‘(2) not later than 90 days before implementing any signifi- cant operational or territorial operating change, including initi- ating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change. ‘‘(e) NEW SERVICE.—If a railroad carrier providing intercity rail passenger transportation or commuter rail passenger transpor- tation did not exist on the date of enactment of the FAST Act (Public Law 114–94; 129 Stat. 1312), such railroad carrier, in con- sultation with any applicable host railroad carrier, shall— ‘‘(1) survey its routes pursuant to subsection (a) not later than 90 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; and ‘‘(2) develop an action plan pursuant to subsection (b) not later than 120 days after the date on which such survey is complete. ‘‘(f) ALTERNATIVE SAFETY MEASURES.—The Secretary may exempt from the requirements under this section each segment of track for which operations are governed by a positive train control system certified under section 20157, or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk. ‘‘(g) PROHIBITION.—No new intercity or commuter rail passenger service may begin operation unless the railroad carrier providing such service is in compliance with the requirements under this section. ‘‘(h) SAVINGS CLAUSE.—Nothing in this section may be con- strued to prohibit the Secretary from applying the requirements under this section to other segments of track at high risk of over- speed derailment.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 201 of subtitle V of title 49, United States Code, is amended by adding at the end the following: ‘‘20169. Speed limit action plans.’’. SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDA- TION PLAN. (a) IN GENERAL.—Subchapter II of chapter 201 of subtitle V of title 49, United States Code, as amended by section 22415, is further amended by adding at the end the following: ‘‘§ 20170. Pre-revenue service safety validation plan ‘‘(a) PLAN SUBMISSION.—Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an H. R. 3684—320 extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include perti- nent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified. ‘‘(b) COMPLIANCE.—After submitting a plan pursuant to sub- section (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan. ‘‘(c) RULEMAKING.—The Secretary shall promulgate regulations to carry out this section, including— ‘‘(1) requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service; and ‘‘(2) establishing appropriate deadlines to enable the Sec- retary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 201 of title 49, United States Code, as amended by section 22415(b), is further amended by adding at the end the following: ‘‘20170. Pre-revenue service safety validation plan.’’. SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT INVESTIGATIONS. Section 20902 of title 49, United States Code, is amended— (1) in subsection (b) by striking ‘‘subpena’’ and inserting ‘‘subpoena’’; and (2) by adding at the end the following: ‘‘(d) GATHERING INFORMATION AND TECHNICAL EXPERTISE.— ‘‘(1) IN GENERAL.—The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for— ‘‘(A) gathering information about an accident or incident under investigation from railroad carriers, contrac- tors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and ‘‘(B) consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation. ‘‘(2) CONFIDENTIALITY.—In developing the process required under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under para- graph (1) if— ‘‘(A) such entity requests confidentiality; ‘‘(B) such entity was not involved in the accident or incident; and H. R. 3684—321 ‘‘(C) maintaining such entity’s confidentiality does not adversely affect an investigation of the Federal Railroad Administration. ‘‘(3) APPLICABILITY.—This subsection shall not apply to any investigation carried out by the National Transportation Safety Board.’’. SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY. Section 21301(a) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following: ‘‘(3) The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an oppor- tunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. In determining the amount of a compromise, the Secretary shall consider— ‘‘(A) the nature, circumstances, extent, and gravity of the violation; ‘‘(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and ‘‘(C) other matters that justice requires. ‘‘(4) The Attorney General may bring a civil action in an appro- priate district court of the United States to collect a civil penalty imposed or compromise under this section and any accrued interest on the civil penalty. In the civil action, the amount and appropriate- ness of the civil penalty shall not be subject to review.’’. SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY. (a) IN GENERAL.—Section 26103 of title 49, United States Code, is amended to read as follows: ‘‘§ 26103. Safety regulations and evaluation ‘‘The Secretary— ‘‘(1) shall promulgate such safety regulations as may be necessary for high-speed rail services; ‘‘(2) shall, before promulgating such regulations, consult with developers of new high-speed rail technologies to develop a method for evaluating safety performance; and ‘‘(3) may solicit feedback from relevant safety experts or representatives of rail employees who perform work on similar technology or who may be expected to perform work on new technology, as appropriate.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 261 of title 49, United States Code, is amended by striking the item relating to section 26103 and inserting the following: ‘‘26103. Safety regulations and evaluation.’’. SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYS- TEMS. (a) STUDY.—The Administrator of the Federal Railroad Administration shall conduct a study of the potential installation and use in new passenger rail rolling stock of passenger rail vehicle occupant protection systems that could materially improve pas- senger safety. H. R. 3684—322 (b) CONSIDERATIONS.—In conducting the study under subsection (a), the Administrator shall consider minimizing the risk of sec- ondary collisions, including estimating the costs and benefits of the new requirements, through the use of— (1) occupant restraint systems; (2) air bags; (3) emergency window retention systems; and (4) interior designs, including seats, baggage restraints, and table configurations and attachments. (c) REPORT.—Not later than 2 years after the date of enactment of this Act, the Administrator shall— (1) submit a report summarizing the findings of the study conducted pursuant to subsection (a) to the Committee on Com- merce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives; and (2) publish such report on the website of the Federal Rail- road Administration. (d) RULEMAKING.—Following the completion of the study required under subsection (a), and after considering the costs and benefits of the proposed protection systems, the Administrator may promulgate a rule that establishes standards for the use of occupant protection systems in new passenger rail rolling stock. SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING REQUIREMENTS. (a) ELIMINATION OF DUPLICATIVE OR UNNECESSARY REPORTING OR PAPERWORK REQUIREMENTS IN THE FEDERAL RAILROAD ADMINIS- TRATION.— (1) REVIEW.—The Administrator of the Federal Railroad Administration (referred to in this subsection as the ‘‘FRA Administrator’’), in consultation with the Administrator of the Federal Transit Administration, shall conduct a review of existing reporting and paperwork requirements in the Federal Railroad Administration to determine if any such requirements are duplicative or unnecessary. (2) ELIMINATION OF CERTAIN REQUIREMENTS.—If the FRA Administrator determines, as a result of the review conducted pursuant to paragraph (1), that any reporting or paperwork requirement that is not statutorily required is duplicative or unnecessary, the FRA Administrator, after consultation with the Administrator of the Federal Transit Administration, shall terminate such requirement. (3) REPORT.—Not later than 1 year after the date of enact- ment of this Act, the FRA Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives that— (A) identifies all of the reporting or paperwork require- ments that were terminated pursuant to paragraph (2); and (B) identifies any statutory reporting or paperwork requirements that are duplicative or unnecessary and should be repealed. (b) SAFETY REPORTING.—Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall update Special Study Block 49 on H. R. 3684—323 Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration— (1) the number of cars and length of the involved trains; and (2) the number of crew members who were aboard a control- ling locomotive involved in an accident at the time of such accident. SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 FEET. (a) STUDY.—The Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the operation of freight trains that are longer than 7,500 feet. (b) ELEMENTS.—The study conducted pursuant to subsection (a) shall— (1) examine any potential impacts to safety from the oper- ation of freight trains that are longer than 7,500 feet and the mitigation of any identified risks, including— (A) any potential changes in the risk of loss of commu- nications between the end of train device and the loco- motive cab, including communications over differing ter- rains and conditions; (B) any potential changes in the risk of loss of radio communications between crew members when a crew member alights from the train, including communications over differing terrains and conditions; (C) any potential changes in the risk of derailments, including any risks associated with in-train compressive forces and slack action or other safety risks in the oper- ations of such trains in differing terrains and conditions; (D) any potential impacts associated with the deploy- ment of multiple distributed power units in the consists of such trains; and (E) any potential impacts on braking and locomotive performance and track wear and tear; (2) evaluate any impacts on scheduling and efficiency of passenger operations and in the shipping of goods by freight as a result of longer trains; (3) determine whether additional engineer and conductor training is required for safely operating such trains; (4) assess the potential impact on the amount of time and frequency of occurrence highway-rail grade crossings are occupied; and (5) identify any potential environmental impacts, including greenhouse gas emissions, that have resulted from the oper- ation of longer trains. (c) COMPARISON.—When evaluating the potential impacts of the operation of trains longer than 7,500 feet under subsection (b), the impacts of such trains shall be compared to the impacts of trains that are shorter than 7,500 feet, after taking into account train frequency. (d) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of H. R. 3684—324 Representatives that contains the results of the study conducted by the National Academies under this section. (e) FUNDING.—From the amounts appropriated for fiscal year 2021 pursuant to the authorization under section 20117(a) of title 49, United States Code, the Secretary shall expend not less than $1,000,000 and not more than $2,000,000 to carry out the study required under this section. SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS. (a) IN GENERAL.—Section 17 of the Noise Control Act of 1972 (42 U.S.C. 4916) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ‘‘(c) HIGH-SPEED TRAIN NOISE EMISSIONS.— ‘‘(1) IN GENERAL.—The Secretary of Transportation, in con- sultation with the Administrator, may prescribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads. ‘‘(2) FACTORS IN RULEMAKING.—The regulations prescribed pursuant to paragraph (1) may— ‘‘(A) consider variances in maximum pass-by noise with respect to the speed of the equipment; ‘‘(B) account for current engineering best practices; and ‘‘(C) encourage the use of noise mitigation techniques to the extent reasonable if the benefits exceed the costs. ‘‘(3) CONVENTIONAL-SPEED TRAINS.—Railroad-related noise regulations prescribed under subsection (a) shall continue to govern noise emissions from the operation of trains, including locomotives and rail cars, when operating at speeds not exceeding 160 miles per hour.’’. (b) TECHNICAL AMENDMENT.—The second sentence of section 17(b) of the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by striking ‘‘the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act’’ and inserting ‘‘subtitle V of title 49, United States Code’’. SEC. 22424. CRITICAL INCIDENT STRESS PLANS. The Secretary shall amend part 272 of title 49, Code of Federal Regulations, to the extent necessary to ensure that— (1) the coverage of a critical incident stress plan under section 272.7 of such part includes employees of commuter railroads and intercity passenger railroads (as such terms are defined in section 272.9 of such part), including employees who directly interact with passengers; and (2) an assault against an employee requiring medical atten- tion is included in the definition of critical incident under section 272.9 of such part. SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO SERVICE IN THE UNITED STATES. (a) IN GENERAL.—Subchapter II of chapter 201 of subtitle V of title 49, United States Code (as amended by section 22416(a)), is amended by adding at the end the following: H. R. 3684—325 ‘‘§ 20171. Requirements for railroad freight cars placed into service in the United States ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) COMPONENT.—The term ‘component’ means a part or subassembly of a railroad freight car. ‘‘(2) CONTROL.—The term ‘control’ means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity. ‘‘(3) COST OF SENSITIVE TECHNOLOGY.—The term ‘cost of sensitive technology’ means the aggregate cost of the sensitive technology located on a railroad freight car. ‘‘(4) COUNTRY OF CONCERN.—The term ‘country of concern’ means a country that— ‘‘(A) is identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; ‘‘(B) was identified by the United States Trade Rep- resentative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and ‘‘(C) is subject to monitoring by the Trade Representa- tive under section 306 of the Trade Act of 1974 (19 U.S.C. 2416). ‘‘(5) NET COST.—The term ‘net cost’ has the meaning given such term in chapter 4 of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. ‘‘(6) QUALIFIED FACILITY.—The term ‘qualified facility’ means a facility that is not owned or under the control of a state-owned enterprise. ‘‘(7) QUALIFIED MANUFACTURER.—The term ‘qualified manu- facturer’ means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise. ‘‘(8) RAILROAD FREIGHT CAR.—The term ‘railroad freight car’ means a car designed to carry freight or railroad personnel by rail, including— ‘‘(A) a box car; ‘‘(B) a refrigerator car; ‘‘(C) a ventilator car; ‘‘(D) an intermodal well car; ‘‘(E) a gondola car; ‘‘(F) a hopper car; ‘‘(G) an auto rack car; ‘‘(H) a flat car; ‘‘(I) a special car; ‘‘(J) a caboose car; ‘‘(K) a tank car; and H. R. 3684—326 ‘‘(L) a yard car. ‘‘(9) SENSITIVE TECHNOLOGY.—The term ‘sensitive tech- nology’ means any device embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including— ‘‘(A) onboard telematics; ‘‘(B) remote monitoring software; ‘‘(C) firmware; ‘‘(D) analytics; ‘‘(E) global positioning system satellite and cellular location tracking systems; ‘‘(F) event status sensors; ‘‘(G) predictive component condition and performance monitoring sensors; and ‘‘(H) similar sensitive technologies embedded into freight railcar components and sub-assemblies. ‘‘(10) STATE-OWNED ENTERPRISE.—The term ‘state-owned enterprise’ means— ‘‘(A) an entity that is owned by, or under the control of, a national, provincial, or local government of a country of concern, or an agency of such government; or ‘‘(B) an individual acting under the direction or influ- ence of a government or agency described in subparagraph (A). ‘‘(11) SUBSTANTIALLY TRANSFORMED.—The term ‘substan- tially transformed’ means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. ‘‘(12) USMCA.—The term ‘USMCA’ has the meaning given the term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502). ‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT CARS.— ‘‘(1) LIMITATION ON RAILROAD FREIGHT CARS.—A railroad freight car wholly manufactured on or after the date that is 1 year after the date of issuance of the regulations required under subsection (c)(1) may only operate on the United States general railroad system of transportation if— ‘‘(A) the railroad freight car is manufactured, assem- bled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility; ‘‘(B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and ‘‘(C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or adminis- trative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellec- tual property rights of another including such a finding H. R. 3684—327 by a Federal district court under title 35 or the U.S. Inter- national Trade Commission under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). ‘‘(2) LIMITATION ON RAILROAD FREIGHT CAR CONTENT.— ‘‘(A) PERCENTAGE LIMITATION.— ‘‘(i) INITIAL LIMITATION.—Not later than 1 year after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 20 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive tech- nology, originates from a country of concern or is sourced from a state-owned enterprise. ‘‘(ii) SUBSEQUENT LIMITATION.—Effective beginning on the date that is 3 years after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 15 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state- owned enterprise. ‘‘(B) CONFLICT.—The percentages specified in clauses (i) and (ii) of subparagraph (A), as applicable, shall apply notwithstanding any apparent conflict with provisions of chapter 4 of the USMCA. ‘‘(c) REGULATIONS AND PENALTIES.— ‘‘(1) REGULATIONS REQUIRED.—Not later than 2 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall issue such regulations as are necessary to carry out this section, including for the monitoring and sensitive technology require- ments of this section. ‘‘(2) CERTIFICATION REQUIRED.—To be eligible to provide a railroad freight car for operation on the United States general railroad system of transportation, the manufacturer of such car shall annually certify to the Secretary of Transportation that any railroad freight cars to be so provided meet the requirements under this section. ‘‘(3) COMPLIANCE.— ‘‘(A) VALID CERTIFICATION REQUIRED.—At the time a railroad freight car begins operation on the United States general railroad system of transportation, the manufacturer of such railroad freight car shall have valid certification described in paragraph (2) for the year in which such car begins operation. ‘‘(B) REGISTRATION OF NONCOMPLIANT CARS PROHIB- ITED.—A railroad freight car manufacturer may not reg- ister, or cause to be registered, a railroad freight car that does not comply with the requirements under this section in the Association of American Railroad’s Umler system. ‘‘(4) CIVIL PENALTIES.— H. R. 3684—328 ‘‘(A) IN GENERAL.—Pursuant to section 21301, the Sec- retary of Transportation may assess a civil penalty of not less than $100,000, but not more than $250,000, for each violation of this section for each railroad freight car. ‘‘(B) PROHIBITION ON OPERATION FOR VIOLATIONS.—The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than 3 violations under subparagraph (A) from providing additional railroad freight cars for operation on the United States general railroad system of transpor- tation until the Secretary determines— ‘‘(i) such manufacturer is in compliance with this section; and ‘‘(ii) all civil penalties assessed to such manufac- turer pursuant to subparagraph (A) have been paid in full.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 201 of subtitle V of title 49, United States Code (as amended by section 22416(b)), is amended by adding at the end the following: ‘‘20171. Requirements for railroad freight cars placed into service in the United States.’’. SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY ISSUES. All railroads shall— (1) provide railroad contact information for public safety issues, including a telephone number, to the relevant Federal, State, and local oversight agencies; and (2) post the information described in paragraph (1) on a publicly accessible website. SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL EMPLOYEES. Not later than 180 days after the date of enactment of this Act, the Secretary shall amend the regulations under part 219 of title 49, Code of Federal Regulations, to require all mechanical employees of railroads to be subject to all of the breath or body fluid testing set forth in subpart C, D, and E of such part, including random testing, reasonable suspicion testing, reasonable cause testing, pre-employment testing, return-to-duty testing, and follow- up testing. TITLE III—MOTOR CARRIER SAFETY SEC. 23001. AUTHORIZATION OF APPROPRIATIONS. (a) ADMINISTRATIVE EXPENSES.—Section 31110 of title 49, United States Code, is amended by striking subsection (a) and inserting the following: ‘‘(a) ADMINISTRATIVE EXPENSES.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay adminis- trative expenses of the Federal Motor Carrier Safety Administra- tion— ‘‘(1) $360,000,000 for fiscal year 2022; ‘‘(2) $367,500,000 for fiscal year 2023; ‘‘(3) $375,000,000 for fiscal year 2024; ‘‘(4) $382,500,000 for fiscal year 2025; and H. R. 3684—329 ‘‘(5) $390,000,000 for fiscal year 2026.’’. (b) FINANCIAL ASSISTANCE PROGRAMS.—Section 31104 of title 49, United States Code, is amended— (1) by striking subsection (a) and inserting the following: ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)— ‘‘(1) subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority program under subsection (l) of that section)— ‘‘(A) $390,500,000 for fiscal year 2022; ‘‘(B) $398,500,000 for fiscal year 2023; ‘‘(C) $406,500,000 for fiscal year 2024; ‘‘(D) $414,500,000 for fiscal year 2025; and ‘‘(E) $422,500,000 for fiscal year 2026; ‘‘(2) subject to subsection (c), to carry out the high priority program under section 31102(l) (other than the commercial motor vehicle enforcement training and support grant program under paragraph (5) of that section)— ‘‘(A) $57,600,000 for fiscal year 2022; ‘‘(B) $58,800,000 for fiscal year 2023; ‘‘(C) $60,000,000 for fiscal year 2024; ‘‘(D) $61,200,000 for fiscal year 2025; and ‘‘(E) $62,400,000 for fiscal year 2026; ‘‘(3) to carry out the commercial motor vehicle enforcement training and support grant program under section 31102(l)(5), $5,000,000 for each of fiscal years 2022 through 2026; ‘‘(4) to carry out the commercial motor vehicle operators grant program under section 31103— ‘‘(A) $1,100,000 for fiscal year 2022; ‘‘(B) $1,200,000 for fiscal year 2023; ‘‘(C) $1,300,000 for fiscal year 2024; ‘‘(D) $1,400,000 for fiscal year 2025; and ‘‘(E) $1,500,000 for fiscal year 2026; and ‘‘(5) subject to subsection (c), to carry out the financial assistance program for commercial driver’s license implementa- tion under section 31313— ‘‘(A) $41,800,000 for fiscal year 2022; ‘‘(B) $42,650,000 for fiscal year 2023; ‘‘(C) $43,500,000 for fiscal year 2024; ‘‘(D) $44,350,000 for fiscal year 2025; and ‘‘(E) $45,200,000 for fiscal year 2026.’’; (2) in subsection (b)(2)— (A) in the third sentence, by striking ‘‘The Secretary’’ and inserting the following: ‘‘(C) IN-KIND CONTRIBUTIONS.—The Secretary’’; (B) in the second sentence, by striking ‘‘The Secretary’’ and inserting the following: ‘‘(B) LIMITATION.—The Secretary’’; (C) in the first sentence— (i) by inserting ‘‘(except subsection (l)(5) of that section)’’ after ‘‘section 31102’’; and (ii) by striking ‘‘The Secretary’’ and inserting the following: ‘‘(A) REIMBURSEMENT PERCENTAGE.— ‘‘(i) IN GENERAL.—The Secretary’’; and H. R. 3684—330 (D) in subparagraph (A) (as so designated), by adding at the end the following: ‘‘(ii) COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT GRANT PROGRAM.—The Sec- retary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102(l)(5), an amount that is equal to 100 percent of the costs incurred by the recipient in a fiscal year in developing and implementing a training program under that section.’’; (3) in subsection (c)— (A) in the subsection heading, by striking ‘‘PARTNER TRAINING AND’’; (B) in the first sentence— (i) by striking ‘‘(4)’’ and inserting ‘‘(5)’’; and (ii) by striking ‘‘partner training and’’; and (C) by striking the second sentence; and (4) in subsection (f)— (A) in paragraph (1), by striking ‘‘for the next fiscal year’’ and inserting ‘‘for the next 2 fiscal years’’; (B) in paragraph (4), by striking ‘‘for the next fiscal year’’ and inserting ‘‘for the next 2 fiscal years’’; (C) by redesignating paragraphs (4) and (5) as para- graphs (5) and (6), respectively; and (D) by inserting after paragraph (3) the following: ‘‘(4) For grants made for carrying out section 31102(l)(5), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.’’; and (5) in subsection (i)— (A) by striking ‘‘Amounts not expended’’ and inserting the following: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), amounts not expended’’; and (B) by adding at the end the following: ‘‘(2) MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.— Amounts made available for the motor carrier safety assistance program established under section 31102 (other than amounts made available to carry out section 31102(l)) that are not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation under that program.’’. (c) ENFORCEMENT DATA UPDATES.—Section 31102(h)(2)(A) of title 49, United States Code, is amended by striking ‘‘2004 and 2005’’ and inserting ‘‘2014 and 2015’’. SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. Section 4144 of the SAFETEA–LU (49 U.S.C. 31100 note; Public Law 109–59) is amended— (1) in subsection (b)(1), in the second sentence, by inserting ‘‘, including small business motor carriers’’ after ‘‘industry’’; and (2) in subsection (d), by striking ‘‘September 30, 2013’’ and inserting ‘‘September 30, 2025’’. SEC. 23003. COMBATING HUMAN TRAFFICKING. Section 31102(l) of title 49, United States Code, is amended— (1) in paragraph (2)— H. R. 3684—331 (A) in subparagraph (G)(ii), by striking ‘‘and’’ at the end; (B) by redesignating subparagraph (H) as subpara- graph (J); and (C) by inserting after subparagraph (G) the following: ‘‘(H) support, through the use of funds otherwise avail- able for such purposes— ‘‘(i) the recognition, prevention, and reporting of human trafficking, including the trafficking of human beings— ‘‘(I) in a commercial motor vehicle; or ‘‘(II) by any occupant, including the operator, of a commercial motor vehicle; ‘‘(ii) the detection of criminal activity or any other violation of law relating to human trafficking; and ‘‘(iii) enforcement of laws relating to human traf- ficking; ‘‘(I) otherwise support the recognition, prevention, and reporting of human trafficking; and’’; and (2) in paragraph (3)(D)— (A) in clause (ii), by striking ‘‘and’’ at the end; (B) in clause (iii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(iv) for the detection of, and enforcement actions taken as a result of, criminal activity (including the trafficking of human beings)— ‘‘(I) in a commercial motor vehicle; or ‘‘(II) by any occupant, including the operator, of a commercial motor vehicle; and ‘‘(v) in addition to any funds otherwise made avail- able for the recognition, prevention, and reporting of human trafficking, to support the recognition, preven- tion, and reporting of human trafficking.’’. SEC. 23004. IMMOBILIZATION GRANT PROGRAM. Section 31102(l) of title 49, United States Code, is amended by adding at the end the following: ‘‘(4) IMMOBILIZATION GRANT PROGRAM.— ‘‘(A) DEFINITION OF PASSENGER-CARRYING COMMERCIAL MOTOR VEHICLE.—In this paragraph, the term ‘passenger- carrying commercial motor vehicle’ has the meaning given the term ‘commercial motor vehicle’ in section 31301. ‘‘(B) ESTABLISHMENT.—The Secretary shall establish an immobilization grant program under which the Sec- retary shall provide to States discretionary grants for the immobilization or impoundment of passenger-carrying commercial motor vehicles that— ‘‘(i) are determined to be unsafe; or ‘‘(ii) fail inspection. ‘‘(C) LIST OF CRITERIA FOR IMMOBILIZATION.—The Sec- retary, in consultation with State commercial motor vehicle entities, shall develop a list of commercial motor vehicle safety violations and defects that the Secretary determines warrant the immediate immobilization of a passenger-car- rying commercial motor vehicle. H. R. 3684—332 ‘‘(D) ELIGIBILITY.—A State shall be eligible to receive a grant under this paragraph only if the State has the authority to require the immobilization or impoundment of a passenger-carrying commercial motor vehicle— ‘‘(i) with respect to which a motor vehicle safety violation included in the list developed under subpara- graph (C) is determined to exist; or ‘‘(ii) that is determined to have a defect included in that list. ‘‘(E) USE OF FUNDS.—A grant provided under this para- graph may be used for— ‘‘(i) the immobilization or impoundment of pas- senger-carrying commercial motor vehicles described in subparagraph (D); ‘‘(ii) safety inspections of those passenger-carrying commercial motor vehicles; and ‘‘(iii) any other activity relating to an activity described in clause (i) or (ii), as determined by the Secretary. ‘‘(F) SECRETARY AUTHORIZATION.—The Secretary may provide to a State amounts for the costs associated with carrying out an immobilization program using funds made available under section 31104(a)(2).’’. SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT. Section 31102(l) of title 49, United States Code (as amended by section 23004), is amended— (1) in paragraph (1), by striking ‘‘(2) and (3)’’ and inserting ‘‘(2) through (5)’’; and (2) by adding at the end the following: ‘‘(5) COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT GRANT PROGRAM.— ‘‘(A) IN GENERAL.—The Secretary shall administer a commercial motor vehicle enforcement training and support grant program funded under section 31104(a)(3), under which the Secretary shall make discretionary grants to eligible entities described in subparagraph (C) for the pur- poses described in subparagraph (B). ‘‘(B) PURPOSES.—The purposes of the grant program under subparagraph (A) are— ‘‘(i) to train non-Federal employees who conduct commercial motor vehicle enforcement activities; and ‘‘(ii) to develop related training materials. ‘‘(C) ELIGIBLE ENTITIES.—An entity eligible for a discre- tionary grant under the program described in subparagraph (A) is a nonprofit organization that has— ‘‘(i) expertise in conducting a training program for non-Federal employees; and ‘‘(ii) the ability to reach and involve in a training program a target population of commercial motor vehicle safety enforcement employees.’’. SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSA- TION. (a) DEFINITIONS.—In this section: H. R. 3684—333 (1) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial motor vehicle’’ has the meaning given the term in section 31132 of title 49, United States Code. (2) STUDY.—The term ‘‘study’’ means the study carried out under subsection (b). (b) STUDY.—The Secretary shall carry out a comprehensive study— (1) to determine the causes of, and contributing factors to, crashes that involve a commercial motor vehicle; and (2) to identify data requirements, data collection proce- dures, reports, and any other measures that can be used to improve the ability of States and the Secretary— (A) to evaluate future crashes involving commercial motor vehicles; (B) to monitor crash trends and identify causes and contributing factors; and (C) to develop effective safety improvement policies and programs. (c) DESIGN.—The study shall be designed to yield information that can be used to help policy makers, regulators, and law enforce- ment identify activities and other measures that are likely to lead to reductions in— (1) the frequency of crashes involving a commercial motor vehicle; (2) the severity of crashes involving a commercial motor vehicle; and (3) fatalities and injuries. (d) CONSULTATION.—In designing and carrying out the study, the Secretary may consult with individuals or entities with expertise on— (1) crash causation and prevention; (2) commercial motor vehicles, commercial drivers, and motor carriers, including passenger carriers; (3) highways and noncommercial motor vehicles and drivers; (4) Federal and State highway and motor carrier safety programs; (5) research methods and statistical analysis; and (6) other relevant topics, as determined by the Secretary. (e) PUBLIC COMMENT.—The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study. (f) REPORTS.—As soon as practicable after the date on which the study is completed, the Secretary shall submit to Congress a report describing the results of the study and any legislative recommendations to facilitate reductions in the matters described in paragraphs (1) through (3) of subsection (c). SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE. (a) FINDINGS.—Congress finds that— (1) women make up 47 percent of the workforce of the United States; (2) women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation and warehousing jobs and representing only— (A) 6.6 percent of truck drivers; H. R. 3684—334 (B) 12.5 percent of all workers in truck transportation; and (C) 8 percent of freight firm owners; (3) given the total number of women truck drivers, women are underrepresented in the truck-driving workforce; and (4) women truck drivers have been shown to be 20 percent less likely than male counterparts to be involved in a crash. (b) SENSE OF CONGRESS REGARDING WOMEN IN TRUCKING.— It is the sense of Congress that the trucking industry should explore every opportunity to encourage and support the pursuit and reten- tion of careers in trucking by women, including through programs that support recruitment, driver training, and mentorship. (c) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Federal Motor Carrier Safety Administra- tion. (2) BOARD.—The term ‘‘Board’’ means the Women of Trucking Advisory Board established under subsection (d)(1). (3) LARGE TRUCKING COMPANY.—The term ‘‘large trucking company’’ means a motor carrier (as defined in section 13102 of title 49, United States Code) with more than 100 power units. (4) MID-SIZED TRUCKING COMPANY.—The term ‘‘mid-sized trucking company’’ means a motor carrier (as defined in section 13102 of title 49, United States Code) with not fewer than 11 power units and not more than 100 power units. (5) POWER UNIT.—The term ‘‘power unit’’ means a self- propelled vehicle under the jurisdiction of the Federal Motor Carrier Safety Administration. (6) SMALL TRUCKING COMPANY.—The term ‘‘small trucking company’’ means a motor carrier (as defined in section 13102 of title 49, United States Code) with not fewer than 1 power unit and not more than 10 power units. (d) WOMEN OF TRUCKING ADVISORY BOARD.— (1) ESTABLISHMENT.—To encourage women to enter the field of trucking, the Administrator shall establish and facilitate an advisory board, to be known as the ‘‘Women of Trucking Advisory Board’’, to review and report on policies that— (A) provide education, training, mentorship, or out- reach to women in the trucking industry; and (B) recruit, retain, or advance women in the trucking industry. (2) MEMBERSHIP.— (A) IN GENERAL.—The Board shall be composed of not fewer than 8 members whose backgrounds, experience, and certifications allow those members to contribute balanced points of view and diverse ideas regarding the matters described in paragraph (3)(B). (B) APPOINTMENT.— (i) IN GENERAL.—Not later than 270 days after the date of enactment of this Act, the Administrator shall appoint the members of the Board, of whom— (I) not fewer than 1 shall be a representative of large trucking companies; (II) not fewer than 1 shall be a representative of mid-sized trucking companies; H. R. 3684—335 (III) not fewer than 1 shall be a representative of small trucking companies; (IV) not fewer than 1 shall be a representative of nonprofit organizations in the trucking industry; (V) not fewer than 1 shall be a representative of trucking business associations; (VI) not fewer than 1 shall be a representative of independent owner-operators; (VII) not fewer than 1 shall be a woman who is a professional truck driver; and (VIII) not fewer than 1 shall be a representa- tive of an institution of higher education or trucking trade school. (ii) DIVERSITY.—A member of the Board appointed under any of subclauses (I) through (VIII) of clause (i) may not be appointed under any other subclause of that clause. (C) TERMS.—Each member shall be appointed for the life of the Board. (D) COMPENSATION.—A member of the Board shall serve without compensation. (3) DUTIES.— (A) IN GENERAL.—The Board shall identify— (i) barriers and industry trends that directly or indirectly discourage women from pursuing and retaining careers in trucking, including— (I) any particular barriers and trends that impact women minority groups; (II) any particular barriers and trends that impact women who live in rural, suburban, or urban areas; and (III) any safety risks unique to women in the trucking industry; (ii) ways in which the functions of trucking compa- nies, nonprofit organizations, training and education providers, and trucking associations may be coordi- nated to facilitate support for women pursuing careers in trucking; (iii) opportunities to expand existing opportunities for women in the trucking industry; and (iv) opportunities to enhance trucking training, mentorship, education, and advancement and outreach programs that would increase the number of women in the trucking industry. (B) REPORT.—Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Administrator a report containing the findings and rec- ommendations of the Board, including recommendations that companies, associations, institutions, other organiza- tions, or the Administrator may adopt— (i) to address any industry trends identified under subparagraph (A)(i); (ii) to coordinate the functions of trucking compa- nies, nonprofit organizations, and trucking associations in a manner that facilitates support for women pur- suing careers in trucking; H. R. 3684—336 (iii)(I) to take advantage of any opportunities identified under subparagraph (A)(iii); and (II) to create new opportunities to expand existing scholarship opportunities for women in the trucking industry; and (iv) to enhance trucking training, mentorship, edu- cation, and outreach programs that are exclusive to women. (4) REPORT TO CONGRESS.— (A) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Rep- resentatives a report describing— (i) the findings and recommendations of the Board under paragraph (3)(B); and (ii) any actions taken by the Administrator to adopt the recommendations of the Board (or an explanation of the reasons for not adopting the recommendations). (B) PUBLIC AVAILABILITY.—The Administrator shall make the report under subparagraph (A) publicly avail- able— (i) on the website of the Federal Motor Carrier Safety Administration; and (ii) in appropriate offices of the Federal Motor Carrier Safety Administration. (5) TERMINATION.—The Board shall terminate on submis- sion of the report to Congress under paragraph (4). SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING COMMER- CIAL MOTOR VEHICLES. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall solicit additional comment on the advance notice of proposed rulemaking entitled ‘‘State Inspec- tion Programs for Passenger-Carrier Vehicles’’ (81 Fed. Reg. 24769 (April 27, 2016)). (b) FINAL RULE.— (1) IN GENERAL.—After reviewing all comments received in response to the solicitation under subsection (a), if the Sec- retary determines that data and information exist to support moving forward with a final rulemaking action, the Secretary shall issue a final rule relating to the advance notice of proposed rulemaking described in that subsection. (2) CONSIDERATIONS.—In determining whether to issue a final rule under paragraph (1), the Secretary shall consider the impact of continuing to allow self-inspection as a means to satisfy periodic inspection requirements on the safety of passenger carrier operations. SEC. 23009. TRUCK LEASING TASK FORCE. (a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall establish a task force, to be known as the ‘‘Truck Leasing Task Force’’ (referred to in this section as the ‘‘Task Force’’). (b) MEMBERSHIP.— H. R. 3684—337 (1) IN GENERAL.—The Secretary shall select not more than 10 individuals to serve as members of the Task Force, including at least 1 representative from each of the following: (A) Labor organizations. (B) Motor carriers that provide lease-purchase agree- ments to owner-operators. (C) Consumer protection groups. (D) Members of the legal profession who specialize in consumer finance issues, including experience with lease- purchase agreements. (E) Owner-operators in the trucking industry with experience regarding lease-purchase agreements. (F) Businesses that provide or are subject to lease- purchase agreements in the trucking industry. (2) COMPENSATION.—A member of the Task Force shall serve without compensation. (c) DUTIES.—The Task Force shall examine, at a minimum— (1) common truck leasing arrangements available to commercial motor vehicle drivers, including lease-purchase agreements; (2) the terms of the leasing agreements described in para- graph (1); (3)(A) the existence of inequitable leasing agreements and terms in the motor carrier industry; (B) whether any such inequitable terms and agreements affect the frequency of maintenance performed on vehicles sub- ject to those agreements; and (C) whether any such inequitable terms and agreements affect whether a vehicle is kept in a general state of good repair; (4) specific agreements available to drayage drivers at ports relating to the Clean Truck Program or any similar program to decrease emissions from port operations; (5) the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers, including port drayage drivers; (6) whether truck leasing agreements properly incentivize the safe operation of vehicles, including driver compliance with the hours of service regulations and laws governing speed and safety generally; (7) resources to assist commercial motor vehicle drivers in assessing the financial impacts of leasing agreements; and (8)(A) the opportunity that equitable leasing agreements provide for drivers to start or expand trucking companies; and (B) the history of motor carriers starting from single owner- operators. (d) REPORT.—On completion of the examination under sub- section (c), the Task Force shall submit to the Secretary, the Sec- retary of Labor, and the appropriate committees of Congress a report containing— (1) the findings of the Task Force with respect to the matters described in subsection (c); (2) best practices relating to— (A) assisting a commercial motor vehicle driver in assessing the impacts of leasing agreements prior to entering into such an agreement; H. R. 3684—338 (B) assisting a commercial motor vehicle driver who has entered into a predatory lease agreement; and (C) preventing coercion and impacts on safety as described in section 31136 of title 49, United States Code; and (3) recommendations relating to changes to laws (including regulations), as applicable, at the Federal, State, or local level to promote fair leasing agreements under which a commercial motor vehicle driver, including a short haul driver, who is a party to such an agreement is able to earn a rate commensu- rate with other commercial motor vehicle drivers performing similar duties. (e) TERMINATION.—Not later than 30 days after the date on which the report under subsection (d) is submitted, the Task Force shall terminate. SEC. 23010. AUTOMATIC EMERGENCY BRAKING. (a) DEFINITIONS.—In this section: (1) AUTOMATIC EMERGENCY BRAKING SYSTEM.—The term ‘‘automatic emergency braking system’’ means a system on a commercial motor vehicle that, based on a predefined distance and closing rate with respect to an obstacle in the path of the commercial motor vehicle— (A) alerts the driver of the obstacle; and (B) if necessary to avoid or mitigate a collision with the obstacle, automatically applies the brakes of the commercial motor vehicle. (2) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial motor vehicle’’ has the meaning given the term in section 31101 of title 49, United States Code. (b) FEDERAL MOTOR VEHICLE SAFETY STANDARD.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires any commercial motor vehicle subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) that is manufactured after the effective date of the standard prescribed under this subparagraph to be equipped with an automatic emergency braking system; and (B) as part of the standard under subparagraph (A), establish performance requirements for automatic emer- gency braking systems. (2) CONSIDERATIONS.—Prior to prescribing the motor vehicle safety standard under paragraph (1)(A), the Secretary shall— (A) conduct a review of automatic emergency braking systems in use in applicable commercial motor vehicles and address any identified deficiencies with respect to those automatic emergency braking systems in the rulemaking proceeding to prescribe the standard, if practicable; and (B) consult with representatives of commercial motor vehicle drivers regarding the experiences of drivers with automatic emergency braking systems in use in applicable commercial motor vehicles, including any malfunctions or H. R. 3684—339 unwarranted activations of those automatic emergency braking systems. (c) FEDERAL MOTOR CARRIER SAFETY REGULATION.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe a regulation under section 31136 of title 49, United States Code, that requires that an automatic emergency braking system installed in a commercial motor vehicle manufactured after the effective date of the standard prescribed under subsection (b)(1)(A) that is in operation on or after that date and is subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a suc- cessor regulation) be used at any time during which the commercial motor vehicle is in operation. (d) REPORT ON AUTOMATIC EMERGENCY BRAKING IN OTHER COMMERCIAL MOTOR VEHICLES.— (1) STUDY.—Not later than 2 years after the date of enact- ment of this Act, the Secretary shall complete a study on equipping a variety of commercial motor vehicles not subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) as of that date of enactment with automatic emergency braking systems to avoid or mitigate a collision with an obstacle in the path of the commercial motor vehicle, including an assessment of the feasibility, bene- fits, and costs associated with installing automatic emergency braking systems on a variety of newly manufactured commer- cial motor vehicles with a gross vehicle weight rating greater than 10,001 pounds. (2) INDEPENDENT RESEARCH.—If the Secretary enters into a contract with a third party to perform research relating to the study required under paragraph (1), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with— (A) a motor carrier that transports passengers or prop- erty for compensation; (B) the motor carrier industry; or (C) an entity producing or supplying automatic emer- gency braking systems. (3) PUBLIC COMMENT.—Not later than 90 days after the date on which the study under paragraph (1) is completed, the Secretary shall— (A) issue a notice in the Federal Register containing the findings of the study; and (B) provide an opportunity for public comment. (4) REPORT TO CONGRESS.—Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Com- merce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report that includes— (A) the results of the study under paragraph (1); (B) a summary of any comments received under para- graph (3)(B); and (C) a determination as to whether the Secretary intends to develop performance requirements for automatic emergency braking systems for applicable commercial H. R. 3684—340 motor vehicles, including any analysis that led to that determination. (5) RULEMAKING.—Not later than 2 years after the date on which the study under paragraph (1) is completed, the Secretary shall— (A) determine whether a motor vehicle safety standard relating to equipping the commercial motor vehicles described in that paragraph with automatic emergency braking systems would meet the requirements and consid- erations described in subsections (a) and (b) of section 30111 of title 49, United States Code; and (B) if the Secretary determines that a motor vehicle safety standard described in subparagraph (A) would meet the requirements and considerations described in that subparagraph, initiate a rulemaking to prescribe such a motor vehicle safety standard. SEC. 23011. UNDERRIDE PROTECTION. (a) DEFINITIONS.—In this section: (1) COMMITTEE.—The term ‘‘Committee’’ means the Advisory Committee on Underride Protection established under subsection (d)(1). (2) MOTOR CARRIER.—The term ‘‘motor carrier’’ has the meaning given the term in section 13102 of title 49, United States Code. (3) PASSENGER MOTOR VEHICLE.—The term ‘‘passenger motor vehicle’’ has the meaning given the term in section 32101 of title 49, United States Code. (4) UNDERRIDE CRASH.—The term ‘‘underride crash’’ means a crash in which a trailer or semitrailer intrudes into the passenger compartment of a passenger motor vehicle. (b) REAR UNDERRIDE GUARDS.— (1) TRAILERS AND SEMITRAILERS.— (A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Num- bers 223 and 224, respectively), to require trailers and semitrailers manufactured after the date on which those regulations are promulgated to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger motor vehicle traveling at 35 miles per hour makes— (i) an impact in which the passenger motor vehicle impacts the center of the rear of the trailer or semitrailer; (ii) an impact in which 50 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer; and (iii) an impact in which 30 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer, if the Secretary determines that a revision of sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, H. R. 3684—341 respectively) to address such an impact would meet the requirements and considerations described in sub- sections (a) and (b) of section 30111 of title 49, United States Code. (B) EFFECTIVE DATE.—The regulations promulgated under subparagraph (A) shall require full compliance with each Federal Motor Vehicle Safety Standard revised pursu- ant to those regulations not later than 2 years after the date on which those regulations are promulgated. (2) ADDITIONAL RESEARCH.—The Secretary shall conduct additional research on the design and development of rear impact guards that can— (A) prevent underride crashes in cases in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour; and (B) protect passengers in passenger motor vehicles against severe injury in crashes in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour. (3) REVIEW OF STANDARDS.—Not later than 5 years after the date on which the regulations under paragraph (1)(A) are promulgated, the Secretary shall— (A) review the Federal Motor Vehicle Safety Standards revised pursuant to those regulations and any other requirements of those regulations relating to rear underride guards on trailers or semitrailers to evaluate the need for changes in response to advancements in technology; and (B) update those Federal Motor Vehicle Safety Stand- ards and those regulations accordingly. (4) INSPECTIONS.— (A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise the regulations relating to minimum periodic inspection standards under appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, and the regulations relating to driver vehicle inspection reports under section 396.11 of that title to include requirements relating to rear impact guards and rear end protection that are consistent with the requirements described in section 393.86 of that title. (B) CONSIDERATIONS.—In revising the regulations described in subparagraph (A), the Secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing an, or has a corroded or compromised, element that affects the structural integrity and protective feature of the rear impact guard. (c) SIDE UNDERRIDE GUARDS.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall— (A) complete additional research on side underride guards to better understand the overall effectiveness of side underride guards; (B) assess the feasibility, benefits, and costs of, and any impacts on intermodal equipment, freight mobility (including port operations), and freight capacity associated H. R. 3684—342 with, installing side underride guards on newly manufac- tured trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more; (C) consider the unique structural and operational aspects of— (i) intermodal chassis (as defined in section 340.2 of title 46, Code of Federal Regulations; and (ii) pole trailers (as defined in section 390.5 of title 49, Code of Federal Regulations; and (D) if warranted, develop performance standards for side underride guards. (2) INDEPENDENT RESEARCH.—If the Secretary enters into a contract with a third party to perform the research required under paragraph (1)(A), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with— (A) a motor carrier that transports passengers or prop- erty for compensation; (B) the motor carrier industry; or (C) an entity producing or supplying underride guards. (3) PUBLICATION OF ASSESSMENT.—Not later than 90 days after completion of the assessment required under paragraph (1)(B), the Secretary shall— (A) issue a notice in the Federal Register containing the findings of the assessment; and (B) provide an opportunity for public comment. (4) REPORT TO CONGRESS.—Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Com- merce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report that includes— (A) the results of the assessment under paragraph (1)(B); (B) a summary of any comments received by the Sec- retary under paragraph (3)(B); and (C) a determination as to whether the Secretary intends to develop performance requirements for side underride guards, including any analysis that led to that determination. (d) ADVISORY COMMITTEE ON UNDERRIDE PROTECTION.— (1) ESTABLISHMENT.—The Secretary shall establish an Advisory Committee on Underride Protection to provide advice and recommendations to the Secretary on safety regulations to reduce underride crashes and fatalities relating to underride crashes. (2) MEMBERSHIP.— (A) IN GENERAL.—The Committee shall be composed of not more than 20 members, appointed by the Secretary, who— (i) are not employees of the Department; and (ii) are qualified to serve on the Committee because of their expertise, training, or experience. (B) REPRESENTATION.—The Committee shall include 2 representatives of each of the following: (i) Truck and trailer manufacturers. H. R. 3684—343 (ii) Motor carriers, including independent owner- operators. (iii) Law enforcement. (iv) Motor vehicle engineers. (v) Motor vehicle crash investigators. (vi) Truck safety organizations. (vii) The insurance industry. (viii) Emergency medical service providers. (ix) Families of underride crash victims. (x) Labor organizations. (3) COMPENSATION.—Members of the Committee shall serve without compensation. (4) MEETINGS.—The Committee shall meet not less fre- quently than annually. (5) SUPPORT.—On request of the Committee, the Secretary shall provide information, administrative services, and supplies necessary for the Committee to carry out the duties of the Committee. (6) REPORT.—The Committee shall submit to the Com- mittee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a biennial report that— (A) describes the advice and recommendations made to the Secretary; and (B) includes an assessment of progress made by the Secretary in advancing safety regulations relating to underride crashes. (e) DATA COLLECTION.—Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the rec- ommendations described in the report of the Government Account- ability Office entitled ‘‘Truck Underride Guards: Improved Data Collection, Inspections, and Research Needed’’, published on March 14, 2019, and numbered GAO–19–264. SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES. Section 13506(b) of title 49, United States Code, is amended— (1) in paragraph (2), by striking ‘‘or’’ at the end; (2) in paragraph (3), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: ‘‘(4) transportation by a motor vehicle designed or used to transport not fewer than 9, and not more than 15, passengers (including the driver), whether operated alone or with a trailer attached for the transport of recreational equipment, if— ‘‘(A) the motor vehicle is operated by a person that provides recreational activities; ‘‘(B) the transportation is provided within a 150 air- mile radius of the location at which passengers initially boarded the motor vehicle at the outset of the trip; and ‘‘(C) in the case of a motor vehicle transporting pas- sengers over a route between a place in a State and a place in another State, the person operating the motor vehicle is lawfully providing transportation of passengers over the entire route in accordance with applicable State law.’’. H. R. 3684—344 SEC. 23013. AMENDMENTS TO REGULATIONS RELATING TO TRANSPOR- TATION OF HOUSEHOLD GOODS IN INTERSTATE COM- MERCE. (a) DEFINITIONS.—In this section: (1) ADMINISTRATION.—The term ‘‘Administration’’ means the Federal Motor Carrier Safety Administration. (2) COVERED CARRIER.—The term ‘‘covered carrier’’ means a motor carrier that is— (A) engaged in the interstate transportation of house- hold goods; and (B) subject to the requirements of part 375 of title 49, Code of Federal Regulations (as in effect on the effective date of any amendments made pursuant to the notice of proposed rulemaking issued under subsection (b)). (b) AMENDMENTS TO REGULATIONS.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to amend, as the Secretary deter- mines to be appropriate, regulations relating to the interstate transportation of household goods. (c) CONSIDERATIONS.—In issuing the notice of proposed rule- making under subsection (b), the Secretary shall consider amending the following provisions of title 49, Code of Federal Regulations, in accordance with the following recommendations: (1) Section 375.207(b) to require each covered carrier to include on the website of the covered carrier a link— (A) to the publication of the Administration entitled ‘‘Ready to Move–Tips for a Successful Interstate Move’’ and numbered ESA–03–005 on the website of the Adminis- tration; or (B) to a copy of the publication referred to in subpara- graph (A) on the website of the covered carrier. (2) Subsections (a) and (b)(1) of section 375.213 to require each covered carrier to provide to each individual shipper, together with any written estimate provided to the shipper, a copy of the publication described in appendix A of part 375 of that title, entitled ‘‘Your Rights and Responsibilities When You Move’’ and numbered ESA–03–006 (or a successor publica- tion), in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the Administration containing that publication. (3) Section 375.213 to repeal subsection (e) of that section. (4) Section 375.401(a) to require each covered carrier— (A) to conduct a visual survey of the household goods to be transported by the covered carrier— (i) in person; or (ii) virtually, using— (I) a remote camera; or (II) another appropriate technology; (B) to offer a visual survey described in subparagraph (A) for all household goods shipments, regardless of the distance between— (i) the location of the household goods; and (ii) the location of the agent of the covered carrier preparing the estimate; and (C) to provide to each shipper a copy of the publication of the Administration entitled ‘‘Ready to Move–Tips for a Successful Interstate Move’’ and numbered ESA–03–005 H. R. 3684—345 on receipt from the shipper of a request to schedule, or a waiver of, a visual survey offered under subparagraph (B). (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 375.405(b)(7)(ii), and subpart D of appendix A of part 375, to require that, in any case in which a shipper tenders any additional item or requests any additional service prior to loading a shipment, the affected covered carrier shall— (A) prepare a new estimate; and (B) maintain a record of the date, time, and manner in which the new estimate was accepted by the shipper. (6) Section 375.501(a), to establish that a covered carrier is not required to provide to a shipper an order for service if the covered carrier elects to provide the information described in paragraphs (1) through (15) of that section in a bill of lading that is presented to the shipper before the covered carrier receives the shipment. (7) Subpart H of part 375, to replace the replace the terms ‘‘freight bill’’ and ‘‘expense bill’’ with the term ‘‘invoice’’. SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY ENFORCEMENT COORDINATION. (a) DEFINITIONS.—In this section: (1) COVERED STATE.—The term ‘‘covered State’’ means a State that receives Federal funds under the motor carrier safety assistance program established under section 31102 of title 49, United States Code. (2) IMMINENT HAZARD.—The term ‘‘imminent hazard’’ has the same meaning as in section 521 of title 49, United States Code. (b) REVIEW AND ENFORCEMENT OF STATE OUT-OF-SERVICE ORDERS.—As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review each out-of-service order issued by a covered State in accordance with section 31144(d) of title 49, United States Code, by not later than 30 days after the date on which the out-of-service order is submitted to the Secretary by the covered State. (c) REVIEW AND ENFORCEMENT OF STATE IMMINENT HAZARD DETERMINATIONS.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review imminent hazard determinations made by covered States. (2) ENFORCEMENT.—On reviewing an imminent hazard determination under paragraph (1), the Secretary shall pursue enforcement under section 521 of title 49, United States Code, as the Secretary determines to be appropriate. SEC. 23015. LIMOUSINE RESEARCH. (a) DEFINITIONS.—In this section: (1) LIMOUSINE.—The term ‘‘limousine’’ means a motor vehicle— (A) that has a seating capacity of 9 or more persons (including the driver); (B) with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds; H. R. 3684—346 (C) that the Secretary has determined by regulation has physical characteristics resembling— (i) a passenger car; (ii) a multipurpose passenger vehicle; or (iii) a truck with a gross vehicle weight rating of 10,000 pounds or less; and (D) that is not a taxi, nonemergency medical, or para- transit motor vehicle. (2) LIMOUSINE OPERATOR.—The term ‘‘limousine operator’’ means a person who owns or leases, and uses, a limousine to transport passengers for compensation. (3) MOTOR VEHICLE SAFETY STANDARD.—The term ‘‘motor vehicle safety standard’’ has the meaning given the term in section 30102(a) of title 49, United States Code. (4) STATE.—The term ‘‘State’’ has the meaning given such term in section 30102(a) of title 49, United States Code. (b) CRASHWORTHINESS.— (1) RESEARCH.—Not later than 4 years after the date of enactment of this Act, the Secretary shall complete research into the development of motor vehicle safety standards for side impact protection, roof crush resistance, and air bag sys- tems for the protection of occupants in limousines with alter- native seating positions, including perimeter seating arrange- ments. (2) RULEMAKING OR REPORT.— (A) CRASHWORTHINESS STANDARDS.— (i) IN GENERAL.—Subject to clause (ii), not later than 2 years after the date on which the research under paragraph (1) is completed, the Secretary shall prescribe, for the protection of occupants in limousines with alternative seating positions, a final motor vehicle safety standard for each of the following: (I) Side impact protection. (II) Roof crush resistance. (III) Air bag systems. (ii) REQUIREMENTS AND CONSIDERATIONS.—The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary deter- mines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) REPORT.—If the Secretary determines that a motor vehicle safety standard described in subparagraph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard. (c) EVACUATION.— (1) RESEARCH.—Not later than 2 years after the date of enactment of this Act, the Secretary shall complete research into safety features and standards that aid evacuation in the event that an exit in the passenger compartment of a limousine is blocked. H. R. 3684—347 (2) RULEMAKING OR REPORT.— (A) LIMOUSINE EVACUATION.— (i) IN GENERAL.—Subject to clause (ii), not later than 2 years after the date on which the research under paragraph (1) is completed, the Secretary shall prescribe a final motor vehicle safety standard based on the results of that research. (ii) REQUIREMENTS AND CONSIDERATIONS.—The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary deter- mines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) REPORT.—If the Secretary determines that a standard described in subparagraph (A)(i) would not meet the requirements and considerations described in sub- sections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Energy and Commerce of the House of Represent- atives a report describing the reasons for not prescribing the standard. (d) LIMOUSINE INSPECTION DISCLOSURE.— (1) IN GENERAL.—A limousine operator may not introduce a limousine into interstate commerce unless the limousine oper- ator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following: (A) The date of the most recent inspection of the lim- ousine required under State or Federal law, if applicable. (B) The results of the inspection, if applicable. (C) Any corrective action taken by the limousine oper- ator to ensure the limousine passed inspection, if applicable. (2) FEDERAL TRADE COMMISSION ENFORCEMENT.— (A) IN GENERAL.—The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incor- porated into and made a part of this subsection. (B) TREATMENT.—Any person who violates this sub- section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) SAVINGS PROVISION.—Nothing in this subsection limits the authority of the Federal Trade Commission under any other provision of law. (4) EFFECTIVE DATE.—This subsection shall take effect on the date that is 180 days after the date of enactment of this Act. SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE. (a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and H. R. 3684—348 Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the National Consumer Complaint Database of the Federal Motor Carrier Safety Administration. (b) CONTENTS.—The report under subsection (a) shall include— (1) a review of the process and effectiveness of efforts to review and follow-up on complaints submitted to the National Consumer Complaint Database; (2) an identification of the top 5 complaint categories; (3) an identification of— (A) the process that the Federal Motor Carrier Safety Administration uses to determine which entities to take enforcement actions against; and (B) the top categories of enforcement actions taken by the Federal Motor Carrier Safety Administration; (4) a review of the use of the National Consumer Complaint Database website over the 5-year period ending on December 31, 2020, including information obtained by conducting inter- views with drivers, customers of movers of household goods, brokers, motor carriers, including small business motor carriers, and other users of the website to determine the usability of the website; (5) a review of efforts taken by the Federal Motor Carrier Safety Administration to raise awareness of the National Con- sumer Complaint Database; and (6) recommendations, as appropriate, including with respect to methods— (A) for improving the usability of the National Con- sumer Complaint Database website; (B) for improving the review of complaints; (C) for using data collected through the National Con- sumer Complaint Database to identify bad actors; (D) to improve confidence and transparency in the complaint process; and (E) for improving stakeholder awareness of and partici- pation in the National Consumer Complaint Database and the complaint system, including improved communication about the purpose of the National Consumer Complaint Database. SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report analyzing the cost and effectiveness of electronic logging devices and detailing the processes— (1) used by the Federal Motor Carrier Safety Administra- tion— (A) to review electronic logging device logs; and (B) to protect proprietary information and personally identifiable information obtained from electronic logging device logs; and (2) through which an operator may challenge or appeal a violation notice issued by the Federal Motor Carrier Safety Administration relating to an electronic logging device. H. R. 3684—349 SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES. Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note; Public Law 106–159) is amended— (1) in subparagraph (B), by striking ‘‘or’’ at the end; (2) in subparagraph (C), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: ‘‘(D) drivers transporting livestock (as defined in sec- tion 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects) within a 150 air-mile radius from the final destination of the livestock.’’. SEC. 23019. MODIFICATION OF RESTRICTIONS ON CERTAIN COMMER- CIAL DRIVER’S LICENSES. The Administrator of the Federal Motor Carrier Safety Administration shall revise section 383.3(f)(3)(ii) of title 49, Code of Federal Regulations (or a successor regulation), to provide that a restricted commercial driver’s license issued to an employee in a farm-related service industry shall be limited to the applicable seasonal periods defined by the State issuing the restricted commer- cial driver’s license, subject to the condition that the total number of days in any calendar year during which the restricted commercial driver’s license is valid does not exceed 210. SEC. 23020. REPORT ON HUMAN TRAFFICKING VIOLATIONS INVOLVING COMMERCIAL MOTOR VEHICLES. Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Secretary, acting through the Department of Transportation Advisory Committee on Human Trafficking established under section 5(a) of the Combating Human Trafficking in Commercial Vehicles Act (Public Law 115–99; 131 Stat. 2243), shall coordinate with the Attorney General to prepare and submit to Congress a report relating to human trafficking violations involving commercial motor vehicles, which shall include recommendations for countering human trafficking, including an assessment of previous best practices by transportation stake- holders. SEC. 23021. BROKER GUIDANCE RELATING TO FEDERAL MOTOR CAR- RIER SAFETY REGULATIONS. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary shall issue guidance to clarify the definitions of the terms ‘‘broker’’ and ‘‘bona fide agents’’ in section 371.2 of title 49, Code of Federal Regulations. (b) CONSIDERATIONS.—In issuing guidance under subsection (a), the Secretary shall take into consideration— (1) the extent to which technology has changed the nature of freight brokerage; (2) the role of bona fide agents; and (3) other aspects of the freight transportation industry. (c) DISPATCH SERVICES.—In issuing guidance under subsection (a), the Secretary shall, at a minimum— (1) examine the role of a dispatch service in the transpor- tation industry; (2) examine the extent to which dispatch services could be considered brokers or bona fide agents; and H. R. 3684—350 (3) clarify the level of financial penalties for unauthorized brokerage activities under section 14916 of title 49, United States Code, applicable to a dispatch service. SEC. 23022. APPRENTICESHIP PILOT PROGRAM. (a) DEFINITIONS.—In this section: (1) APPRENTICE.—The term ‘‘apprentice’’ means an indi- vidual who— (A) is under the age of 21; and (B) holds a commercial driver’s license. (2) COMMERCIAL DRIVER’S LICENSE.—The term ‘‘commercial driver’s license’’ has the meaning given the term in section 31301 of title 49, United States Code. (3) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial motor vehicle’’ has the meaning given the term in section 390.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) DRIVING TIME.—The term ‘‘driving time’’ has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) EXPERIENCED DRIVER.—The term ‘‘experienced driver’’ means an individual who— (A) is not younger than 26 years of age; (B) has held a commercial driver’s license for the 2- year period ending on the date on which the individual serves as an experienced driver under subsection (b)(2)(C)(ii); (C) during the 2-year period ending on the date on which the individual serves as an experienced driver under subsection (b)(2)(C)(ii), has had no— (i) preventable accidents reportable to the Depart- ment; or (ii) pointed moving violations; and (D) has a minimum of 5 years of experience driving a commercial motor vehicle in interstate commerce. (6) ON-DUTY TIME.—The term ‘‘on-duty time’’ has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (7) POINTED MOVING VIOLATION.—The term ‘‘pointed moving violation’’ means a violation that results in points being added to the license of a driver, or a similar comparable violation, as determined by the Secretary. (b) PILOT PROGRAM.— (1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary shall establish, in accord- ance with section 31315(c) of title 49, United States Code, a pilot program allowing employers to establish the apprentice- ship programs described in paragraph (2). (2) DESCRIPTION OF APPRENTICESHIP PROGRAM.—An apprenticeship program referred to in paragraph (1) is a pro- gram that consists of the following requirements: (A) 120-HOUR PROBATIONARY PERIOD.— (i) IN GENERAL.—The apprentice shall complete 120 hours of on-duty time, of which not less than H. R. 3684—351 80 hours shall be driving time in a commercial motor vehicle. (ii) PERFORMANCE BENCHMARKS.—To complete the 120-hour probationary period under clause (i), the employer of an apprentice shall determine that the apprentice is competent in each of the following areas: (I) Interstate, city traffic, rural 2-lane, and evening driving. (II) Safety awareness. (III) Speed and space management. (IV) Lane control. (V) Mirror scanning. (VI) Right and left turns. (VII) Logging and complying with rules relating to hours of service. (B) 280-HOUR PROBATIONARY PERIOD.— (i) IN GENERAL.—After completing the 120-hour probationary period under subparagraph (A), an apprentice shall complete 280 hours of on-duty time, of which not less than 160 hours shall be driving time in a commercial motor vehicle. (ii) PERFORMANCE BENCHMARKS.—To complete the 280-hour probationary period under clause (i), the employer of an apprentice shall determine that the apprentice is competent in each of the following areas: (I) Backing and maneuvering in close quarters. (II) Pretrip inspections. (III) Fueling procedures. (IV) Weighing loads, weight distribution, and sliding tandems. (V) Coupling and uncoupling procedures. (VI) Trip planning, truck routes, map reading, navigation, and permits. (C) RESTRICTIONS FOR PROBATIONARY PERIODS.—During the 120-hour probationary period under subparagraph (A) and the 280-hour probationary period under subparagraph (B)— (i) an apprentice may only drive a commercial motor vehicle that has— (I) an automatic manual or automatic trans- mission; (II) an active braking collision mitigation system; (III) a forward-facing video event capture system; and (IV) a governed speed of 65 miles per hour— (aa) at the pedal; and (bb) under adaptive cruise control; and (ii) an apprentice shall be accompanied in the pas- senger seat of the commercial motor vehicle by an experienced driver. (D) RECORDS RETENTION.—The employer of an appren- tice shall maintain records, in a manner required by the Secretary, relating to the satisfaction of the performance benchmarks described in subparagraphs (A)(ii) and (B)(ii) by the apprentice. H. R. 3684—352 (E) REPORTABLE INCIDENTS.—If an apprentice is involved in a preventable accident reportable to the Depart- ment or a pointed moving violation while driving a commer- cial motor vehicle as part of an apprenticeship program described in this paragraph, the apprentice shall undergo remediation and additional training until the apprentice can demonstrate, to the satisfaction of the employer, com- petence in each of the performance benchmarks described in subparagraphs (A)(ii) and (B)(ii). (F) COMPLETION OF PROGRAM.—An apprentice shall be considered to have completed an apprenticeship program on the date on which the apprentice completes the 280- hour probationary period under subparagraph (B). (G) MINIMUM REQUIREMENTS.— (i) IN GENERAL.—Nothing in this section prevents an employer from imposing any additional requirement on an apprentice participating in an apprenticeship program established under this section. (ii) TECHNOLOGIES.—Nothing in this section pre- vents an employer from requiring or installing in a commercial motor vehicle any technology in addition to the technologies described in subparagraph (C)(i). (3) APPRENTICES.—An apprentice may— (A) drive a commercial motor vehicle in interstate com- merce while participating in the 120-hour probationary period under paragraph (2)(A) or the 280-hour probationary period under paragraph (2)(B) pursuant to an apprentice- ship program established by an employer in accordance with this section; and (B) drive a commercial motor vehicle in interstate com- merce after the apprentice completes an apprenticeship program described in paragraph (2), unless the Secretary determines there exists a safety concern. (4) LIMITATION.—The Secretary may not allow more than 3,000 apprentices at any 1 time to participate in the pilot program established under paragraph (1). (c) TERMINATION.—Effective beginning on the date that is 3 years after the date of establishment of the pilot program under subsection (b)(1)— (1) the pilot program shall terminate; and (2) any driver under the age of 21 who has completed an apprenticeship program described in subsection (b)(2) may drive a commercial motor vehicle in interstate commerce, unless the Secretary determines there exists a safety concern. (d) NO EFFECT ON LICENSE REQUIREMENT.—Nothing in this section exempts an apprentice from any requirement to hold a commercial driver’s license in order to operate a commercial motor vehicle. (e) DATA COLLECTION.—The Secretary shall collect and ana- lyze— (1) data relating to any incident in which an apprentice participating in the pilot program established under subsection (b)(1) is involved; (2) data relating to any incident in which a driver under the age of 21 operating a commercial motor vehicle in intrastate commerce is involved; and H. R. 3684—353 (3) such other data relating to the safety of apprentices aged 18 to 20 years operating in interstate commerce as the Secretary determines to be necessary. (f) LIMITATION.—A driver under the age of 21 participating in the pilot program under this section may not— (1) transport— (A) a passenger; or (B) hazardous cargo; or (2) operate a commercial motor vehicle— (A) in special configuration; or (B) with a gross vehicle weight rating of more than 80,000 pounds. (g) REPORT TO CONGRESS.—Not later than 120 days after the date of conclusion of the pilot program under subsection (b), the Secretary shall submit to Congress a report including— (1) the findings and conclusions resulting from the pilot program, including with respect to technologies or training provided by commercial motor carriers for apprentices as part of the pilot program to successfully improve safety; (2) an analysis of the safety record of apprentices partici- pating in the pilot program, as compared to other commercial motor vehicle drivers; (3) the number of drivers that discontinued participation in the apprenticeship program before completion; (4) a comparison of the safety records of participating drivers before, during, and after the probationary periods under subparagraphs (A) and (B) of subsection (b)(2); (5) a comparison, for each participating driver, of average on-duty time, driving time, and time spent away from home terminal before, during, and after the probationary periods referred to in paragraph (4); and (6) a recommendation, based on the data collected, regarding whether the level of safety achieved by the pilot program is equivalent to, or greater than, the level of safety for equivalent commercial motor vehicle drivers aged 21 years or older. (h) RULE OF CONSTRUCTION.—Nothing in this section affects the authority of the Secretary under section 31315 of title 49, United States Code, with respect to the pilot program established under subsection (b)(1), including the authority to revoke participa- tion in, and terminate, the pilot program under paragraphs (3) and (4) of subsection (c) of that section. (i) DRIVER COMPENSATION STUDY.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the Federal Motor Carrier Safety Administra- tion, shall offer to enter into a contract with the Transportation Research Board under which the Transportation Research Board shall conduct a study of the impacts of various methods of driver compensation on safety and driver retention, including— (A) hourly pay; (B) payment for detention time; and (C) other payment methods used in the industry as of the date on which the study is conducted. H. R. 3684—354 (2) CONSULTATION.—In conducting the study under para- graph (1), the Transportation Research Board shall consult with— (A) labor organizations representing commercial motor vehicle drivers; (B) representatives of the motor carrier industry, including owner-operators; and (C) such other stakeholders as the Transportation Research Board determines to be relevant. SEC. 23023. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STAND- ARDS. (a) LIMOUSINE STANDARDS.— (1) SAFETY BELT AND SEATING SYSTEM STANDARDS FOR LIM- OUSINES.—Not later than 2 years after the date of enactment of this Act, the Secretary shall prescribe a final rule that— (A) amends Federal Motor Vehicle Safety Standard Numbers 208, 209, and 210 to require to be installed in limousines on each designated seating position, including on side-facing seats— (i) an occupant restraint system consisting of integrated lap-shoulder belts; or (ii) an occupant restraint system consisting of a lap belt, if an occupant restraint system described in clause (i) does not meet the need for motor vehicle safety; and (B) amends Federal Motor Vehicle Safety Standard Number 207 to require limousines to meet standards for seats (including side-facing seats), seat attachment assem- blies, and seat installation to minimize the possibility of failure by forces acting on the seats, attachment assemblies, and installations as a result of motor vehicle impact. (2) REPORT ON RETROFIT ASSESSMENT FOR LIMOUSINES.— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses the feasibility, benefits, and costs with respect to the application of any requirement established under paragraph (1) to a limousine introduced into interstate com- merce before the date on which the requirement takes effect. (b) MODIFICATIONS OF CERTAIN VEHICLES.—The final rule pre- scribed under subsection (a)(1) and any standards prescribed under subsection (b) or (c) of section 23015 shall apply to a person modi- fying a passenger motor vehicle (as defined in section 32101 of title 49, United States Code) that has already been purchased by the first purchaser (as defined in section 30102(b) of that title) by increasing the wheelbase of the vehicle to make the vehicle a limousine. (c) APPLICATION.—The requirements of this section apply not- withstanding section 30112(b)(1) of title 49, United States Code. H. R. 3684—355 TITLE IV—HIGHWAY AND MOTOR VEHICLE SAFETY Subtitle A—Highway Traffic Safety SEC. 24101. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.—The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) HIGHWAY SAFETY PROGRAMS.—To carry out section 402 of title 23, United States Code— (A) $363,400,000 for fiscal year 2022; (B) $370,900,000 for fiscal year 2023; (C) $378,400,000 for fiscal year 2024; (D) $385,900,000 for fiscal year 2025; and (E) $393,400,000 for fiscal year 2026. (2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—To carry out section 403 of title 23, United States Code— (A) $186,000,000 for fiscal year 2022; (B) $190,000,000 for fiscal year 2023; (C) $194,000,000 for fiscal year 2024; (D) $198,000,000 for fiscal year 2025; and (E) $202,000,000 for fiscal year 2026. (3) HIGH-VISIBILITY ENFORCEMENT PROGRAM.—To carry out section 404 of title 23, United States Code— (A) $36,400,000 for fiscal year 2022; (B) $38,300,000 for fiscal year 2023; (C) $40,300,000 for fiscal year 2024; (D) $42,300,000 for fiscal year 2025; and (E) $44,300,000 for fiscal year 2026. (4) NATIONAL PRIORITY SAFETY PROGRAMS.—To carry out section 405 of title 23, United States Code— (A) $336,500,000 for fiscal year 2022; (B) $346,500,000 for fiscal year 2023; (C) $353,500,000 for fiscal year 2024; (D) $360,500,000 for fiscal year 2025; and (E) $367,500,000 for fiscal year 2026. (5) ADMINISTRATIVE EXPENSES.—For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title— (A) $38,000,000 for fiscal year 2022; (B) $39,520,000 for fiscal year 2023; (C) $41,100,800 for fiscal year 2024; (D) $42,744,832 for fiscal year 2025; and (E) $44,454,625 for fiscal year 2026. (6) NATIONAL DRIVER REGISTER.—For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code— (A) $6,800,000 for fiscal year 2022; (B) $7,000,000 for fiscal year 2023; (C) $7,200,000 for fiscal year 2024; (D) $7,400,000 for fiscal year 2025; and (E) $7,600,000 for fiscal year 2026. H. R. 3684—356 (b) PROHIBITION ON OTHER USES.—Except as otherwise pro- vided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) or any other provision of law from the Highway Trust Fund (other than the Mass Transit Account) for a program under those chap- ters— (1) shall only be used to carry out that program; and (2) may not be used by a State or local government for construction purposes. (c) APPLICABILITY OF TITLE 23.—Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) for fiscal years 2022 through 2026 shall be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code. (d) HIGHWAY SAFETY GENERAL REQUIREMENTS.— (1) IN GENERAL.—Chapter 4 of title 23, United States Code, is amended— (A) by redesignating sections 409 and 412 and sections 407 and 408, respectively; and (B) by inserting after section 405 the following: ‘‘§ 406. General requirements for Federal assistance ‘‘(a) DEFINITION OF FUNDED PROJECT.—In this section, the term ‘funded project’ means a project funded, in whole or in part, by a grant provided under section 402 or 405. ‘‘(b) REGULATORY AUTHORITY.—Each funded project shall be carried out in accordance with applicable regulations promulgated by the Secretary. ‘‘(c) STATE MATCHING REQUIREMENTS.—If a grant provided under this chapter requires any State to share in the cost of a funded project, the aggregate of the expenditures made by the State (including any political subdivision of the State) for highway safety activities during a fiscal year, exclusive of Federal funds, for carrying out the funded project (other than expenditures for planning or administration) shall be credited toward the non-Fed- eral share of the cost of any other funded project (other than planning and administration) during that fiscal year, regardless of whether those expenditures were made in connection with the project. ‘‘(d) GRANT APPLICATION AND DEADLINE.— ‘‘(1) APPLICATIONS.—To be eligible to receive a grant under this chapter, a State shall submit to the Secretary an applica- tion at such time, in such manner, and containing such informa- tion as the Secretary may require. ‘‘(2) DEADLINE.—The Secretary shall establish a single deadline for the submission of applications under paragraph (1) to enable the provision of grants under this chapter early in each applicable fiscal year beginning after the date of submis- sion. ‘‘(e) DISTRIBUTION OF FUNDS TO STATES.—Not later than 60 days after the later of the start of a fiscal year or the date of enactment of any appropriations Act making funds available to carry out this chapter for that fiscal year, the Secretary shall distribute to each State the portion of those funds to which the State is entitled for the applicable fiscal year.’’. H. R. 3684—357 (2) CLERICAL AMENDMENT.—The analysis for chapter 4 of title 23, United States Code, is amended by striking the items relating to sections 406 through 412 and inserting the following: ‘‘406. General requirements for Federal assistance. ‘‘407. Discovery and admission as evidence of certain reports and surveys. ‘‘408. Agency accountability.’’. SEC. 24102. HIGHWAY SAFETY PROGRAMS. (a) IN GENERAL.—Section 402 of title 23, United States Code, is amended— (1) by striking ‘‘accidents’’ each place it appears and inserting ‘‘crashes’’; (2) by striking ‘‘accident’’ each place it appears and inserting ‘‘crash’’; (3) in subsection (a)— (A) in paragraph (1), by striking ‘‘shall have’’ and all that follows through the period at the end and inserting the following: ‘‘shall have in effect a highway safety pro- gram that— ‘‘(i) is designed to reduce— ‘‘(I) traffic crashes; and ‘‘(II) deaths, injuries, and property damage resulting from those crashes; ‘‘(ii) includes— ‘‘(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and ‘‘(II) an approved grant application under sub- section (l) for the fiscal year; ‘‘(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and ‘‘(iv) is approved by the Secretary.’’; (B) in paragraph (2)(A)— (i) in clause (ii), by striking ‘‘occupant protection devices (including the use of safety belts and child restraint systems)’’ and inserting ‘‘safety belts’’; (ii) in clause (vii), by striking ‘‘and’’ at the end; (iii) by redesignating clauses (iii) through (viii) as clauses (iv) through (ix), respectively; (iv) by inserting after clause (ii) the following: ‘‘(iii) to encourage more widespread and proper use of child restraints, with an emphasis on under- served populations;’’; and (v) by adding at the end the following: ‘‘(x) to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology; ‘‘(xi) to increase vehicle recall awareness; ‘‘(xii) to provide to the public information relating to the risks of child heatstroke death when left unattended in a motor vehicle after the motor is deacti- vated by the operator; ‘‘(xiii) to reduce injuries and deaths resulting from the failure by drivers of motor vehicles to move to another traffic lane or reduce the speed of the vehicle when law enforcement, fire service, emergency medical services, or other emergency or first responder vehicles are stopped or parked on or next to a roadway with emergency lights activated; and Full text truncated for size; the complete document is in the PDF above.
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