Surface Transportation Advanced through Reform, Technology, and Efficient Review Act or the STARTER Act
This bill addresses provisions related to federal-aid highway, transit, highway safety, motor carrier, innovation, and resiliency programs of the Department of Transportation (DOT).
Among other provisions, the bill
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7248 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7248
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2020
Mr. Graves of Missouri (for himself, Mr. Young, Mr. Crawford, Mr.
Gibbs, Mr. Rodney Davis of Illinois, Mr. Woodall, Mr. Babin, Mr. Graves
of Louisiana, Mr. Rouzer, Mr. Bost, Mr. Weber of Texas, Mr. LaMalfa,
Mr. Westerman, Mr. Smucker, Mr. Mast, Mr. Gallagher, Mr. Balderson, Mr.
Spano, Mr. Stauber, Mrs. Miller, Mr. Pence, Miss Gonzalez-Colon of
Puerto Rico, and Mr. Wittman) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation Advanced through Reform, Technology, and Efficient
Review Act'' or the ``STARTER Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--SURFACE TRANSPORTATION
Sec. 1001. Extension of Federal surface transportation programs.
Sec. 1002. Extension of highway trust fund expenditure authority.
Sec. 1003. Extension of highway-related taxes.
Sec. 1004. Additional contract authority.
Sec. 1005. Effective date.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Nationally significant freight and highway projects.
Sec. 1102. National highway freight program.
Sec. 1103. Truck parking safety improvement.
Sec. 1104. Temporary Federal share for Federal-aid highway projects.
Sec. 1105. Consolidated funding program.
Subtitle B--Acceleration of Project Delivery
Sec. 1201. Environmental reviews for major projects.
Sec. 1202. Efficient environmental reviews for project decision making.
Sec. 1203. Application of categorical exclusions for transportation
projects.
Sec. 1204. Air quality and conformity.
Sec. 1205. Agreements relating to use of and access to rights-of-way
Interstate System.
Sec. 1206. Permits for dredged or fill material.
Sec. 1207. Pilot program on use of innovative practices for
environmental reviews.
TITLE II--INNOVATIVE PROJECT FINANCE
Sec. 2001. Transportation Infrastructure Finance and Innovation Act of
1998 temporary loan relief due to COVID-19.
TITLE III--PUBLIC TRANSPORTATION
Sec. 3001. Short title.
Sec. 3002. Urbanized area formula grants.
Sec. 3003. Fixed guideway capital investment grants.
Sec. 3004. Enhanced mobility of seniors and individuals with
disabilities.
Sec. 3005. Formula grants for rural areas.
Sec. 3006. Non-emergency medical transportation.
Sec. 3007. Technical assistance and workforce development.
Sec. 3008. General provisions.
Sec. 3009. Apportionments.
Sec. 3010. Grants for bus and bus facilities.
Sec. 3011. Elimination of apportionments based on high density State
factors.
Sec. 3012. Innovative mobility and technology deployment grants.
TITLE IV--HIGHWAY TRAFFIC SAFETY
Sec. 4001. Funding and grant requirements.
Sec. 4002. Highway safety research and development.
Sec. 4003. National priority safety programs.
Sec. 4004. National priority safety program grant eligibility.
TITLE V--MOTOR CARRIER SAFETY
Sec. 5001. Funding and grant requirements.
Sec. 5002. Compliance, safety, and accountability reform.
Sec. 5003. Entry-level driver training regulations.
Sec. 5004. Trucking industry workforce development.
Sec. 5005. Hours of service requirements for agricultural operations.
TITLE VI--INNOVATION
Sec. 6001. Advanced transportation technologies program.
Sec. 6002. Connected vehicle deployment pilot program.
Sec. 6003. Automated driving system demonstration program.
Sec. 6004. Accelerated implementation and deployment of advanced
digital construction management systems.
Sec. 6005. Innovative project delivery methods.
Sec. 6006. Surface transportation system funding alternatives.
Sec. 6007. Surface transportation system road usage charge national
pilot.
TITLE VII--RESILIENCY
Sec. 7001. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation
(PROTECT) grant program.
Sec. 7002. National highway performance program.
Sec. 7003. Resiliency in transit.
Sec. 7004. Highway emergency relief and resiliency.
Sec. 7005. Highway resiliency incentives.
Sec. 7006. Guidance on inundated and submerged roads.
Sec. 7007. Guidance on evacuation routes.
Sec. 7008. Definitions.
Sec. 7009. University transportation centers.
Sec. 7010. Pre-disaster hazard mitigation pilot program.
DIVISION A--SURFACE TRANSPORTATION
SEC. 1001. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.
(a) In General.--Except as otherwise provided in this Act, the
requirements, authorities, conditions, eligibilities, limitations, and
other provisions authorized under the covered laws, which would
otherwise expire on or cease to apply after September 30, 2020, are
incorporated by reference and shall continue in effect through
September 30, 2025.
(b) Authorization of Appropriations.--
(1) Highway trust fund.--
(A) Highway account.--There is authorized to be
appropriated from the Highway Account for each of
fiscal years 2021 through 2025, for each program with
respect to which amounts are authorized to be
appropriated from such account for fiscal year 2020, an
amount equal to 110 percent of the amount authorized
for appropriation with respect to the program from such
account under the covered laws for fiscal year 2020.
(B) Mass transit account.--There is authorized to
be appropriated from the Mass Transit Account for each
of fiscal years 2021 through 2025, for each program
with respect to which amounts are authorized to be
appropriated from such account for fiscal year 2020, an
amount equal to 110 percent of the amount authorized
for appropriation with respect to the program from such
account under the covered laws for fiscal year 2020.
(2) General fund.--There is authorized to be appropriated
for each of fiscal years 2021 through 2025, for each program
with respect to which amounts are authorized to be appropriated
for fiscal year 2020 from an account other than the Highway
Account or the Mass Transit Account under the titles specified
in subsection (e)(1)(A), an amount equal to the amount
authorized for appropriation with respect to the program under
such titles for fiscal year 2020.
(c) Use of Funds.--Subject to section 1004(b), amounts authorized
to be appropriated for each of fiscal years 2021 through 2025 with
respect to a program under subsection (b) shall be distributed,
administered, limited, and made available for obligation in the same
manner as amounts authorized to be appropriated with respect to the
program for fiscal year 2020 under the covered laws.
(d) Obligation Limitation.--Subject to section 1004(d), a program
for which amounts are authorized to be appropriated under subsection
(b)(1) shall be subject to a limitation on obligations for each of
fiscal years 2021 through 2025 in the same amount and in the same
manner as the limitation applicable with respect to the program for
fiscal year 2020.
(e) Definitions.--In this section, the following definitions apply:
(1) Covered laws.--The term ``covered laws'' means the
following:
(A) Titles I, III, IV, V, and VI of division A of
the FAST Act (Public Law 114-94).
(B) Division A, division B, subtitle A of title I
and title II of division C, and division E of MAP-21
(Public Law 112-141).
(C) Titles I, II, and III of the SAFETEA-LU
Technical Corrections Act of 2008 (Public Law 110-244).
(D) Titles I, II, III, IV, V, and VI of SAFETEA-LU
(Public Law 109-59).
(E) Titles I, II, III, IV, and V of the
Transportation Equity Act for the 21st Century (Public
Law 105-178).
(F) Titles II, III, and IV of the National Highway
System Designation Act of 1995 (Public Law 104-59).
(G) Title I, part A of title II, title III, title
IV, title V, and title VI of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-
240).
(H) Title 23, United States Code.
(I) Subtitle IV of Title 40, United States Code.
(J) Sections 116, 117, 330, and 5505 and chapters
53, 303, 311, 313, 701, and 702 of title 49, United
States Code.
(2) Highway account.--The term ``Highway Account'' means
the portion of the Highway Trust Fund that is not the Mass
Transit Account.
(3) Mass transit account.--The term ``Mass Transit
Account'' means the portion of the Highway Trust Fund
established under section 9503(e)(1) of the Internal Revenue
Code of 1986.
SEC. 1002. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
Section 9503 of the Internal Revenue Code of 1986 is amended--
(a) by striking ``October 1, 2020'' in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ``October 1, 2021''; and
(b) by striking ``FAST Act'' in subsections (c)(1) and (e)(3) and
inserting ``STARTER Act''.
SEC. 1003. EXTENSION OF HIGHWAY-RELATED TAXES.
(a) In General.--
(1) Each of the following provisions of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2022'' and inserting ``September 30, 2025'':
(A) Section 4041(a)(1)(C)(iii)(I).
(B) Section 4041(m)(1)(B).
(C) Section 4081(d)(1).
(2) Each of the following provisions of such Code is
amended by striking ``October 1, 2022'' and inserting ``October
1, 2025'':
(A) Section 4041(m)(1)(A).
(B) Section 4051(c).
(C) Section 4071(d).
(D) Section 4081(d)(3).
(b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each
of the following provisions of the Internal Revenue Code of 1986 is
amended by striking ``2023'' each place it appears and inserting
``2025'':
(1) Section 4481(f).
(2) Subsections (c)(4) and (d) of section 4482.
(c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``October 1, 2022'' each place it appears
and inserting ``October 1, 2025'';
(2) by striking ``March 31, 2023'' each place it appears
and inserting ``March 31, 2025''; and
(3) by striking ``January 1, 2023'' and inserting ``January
1, 2025''.
(d) Extension of Certain Exemptions.--
(1) Section 4221(a) of the Internal Revenue Code of 1986 is
amended by striking ``October 1, 2022'' and inserting ``October
1, 2025''.
(2) Section 4483(i) of such Code is amended by striking
``October 1, 2023'' and inserting ``October 1, 2025''.
(e) Extension of Transfers of Certain Taxes.--
(1) In general.--Section 9503 of the Internal Revenue Code
of 1986 is amended--
(A) in subsection (b)--
(i) by striking ``October 1, 2022'' each
place it appears in paragraphs (1) and (2) and
inserting ``October 1, 2025'';
(ii) by striking ``October 1, 2022'' in the
heading of paragraph (2) and inserting
``October 1, 2025'';
(iii) by striking ``September 30, 2022'' in
paragraph (2) and inserting ``September 30,
2025''; and
(iv) by striking ``July 1, 2023'' in
paragraph (2) and inserting ``July 1, 2025'';
and
(B) in subsection (c)(2), by striking ``July 1,
2023'' and inserting ``July 1, 2025''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (3)(A)(i) and (4)(A) of
section 9503(c) of such Code are each amended by
striking ``October 1, 2022'' and inserting ``October 1,
2025''.
(B) Conforming amendments to land and water
conservation fund.--Section 200310 of title 54, United
States Code, is amended by striking ``October 1, 2023''
each place it appears and inserting ``October 1,
2025''; and (ii) by striking ``October 1, 2022'' and
inserting ``October 1, 2025.''
(f) Effective Date.--The amendments made by this section shall take
effect on October 1, 2020.
SEC. 1004. ADDITIONAL CONTRACT AUTHORITY.
(a) In General.--Notwithstanding any other provision of law, for
each of fiscal years 2021 through 2025, any excess amount authorized to
be appropriated from the Highway Account or the Mass Transit Account
shall be distributed as described in subsection (b).
(b) Adjustment to Core Account Programs.--For each fiscal year in
which an excess amount as described in subsection (a) is authorized to
be appropriated from the Highway Account or the Mass Transit Account,
the Secretary shall--
(1) under section 1001 of this Act make available for core
account programs authorized from such account an amount equal
to the amount authorized for such programs in fiscal year 2020
under the FAST Act;
(2) under this section, make available an additional amount
for such programs equal to the excess amount authorized to be
appropriated as described in subsection (a); and
(3) distribute the additional amount under paragraph (2) to
each of such core account programs in accordance with
subsection (c).
(c) Distribution of Adjustment Among Core Account Programs.--
(1) In general.--In making an adjustment for core account
programs authorized from the Highway Account or the Mass
Transit Account for a fiscal year under subsection (b), the
Secretary shall--
(A) determine the ratio that--
(i) the amount authorized to be
appropriated for a core account program from
the account for fiscal year 2020; bears to
(ii) the total amount authorized to be
appropriated for such fiscal year for all core
account programs under such account;
(B) multiply the ratio determined under
subparagraph (A) by the amount of the adjustment under
subsection (b)(2); and
(C) adjust the amount that the Secretary would
otherwise have allocated for the core account program
for the fiscal year by the amount calculated under
subparagraph (B).
(2) Formula programs.--
(A) In general.--Subject to subparagraph (B), for a
program for which funds are distributed by formula, the
Secretary shall add the adjustment to the amount
authorized for the program but for this section and
make available the adjusted program amount for such
program in accordance with such formula.
(B) Exception.--In making the adjustment under
subparagraph (A), the Secretary shall exclude
subsections (b)(4), (b)(5)(D), and (b)(6) of section
104 of title 23, United States Code, from the formula
calculations.
(3) Availability for obligation.--Adjusted amounts under
this subsection shall be available for obligation and
administered in the same manner as other amounts made available
for the program for which the amount is adjusted.
(4) Special rule.--
(A) Adjustment.--In making an adjustment under
subsection (c)(1) for an allocation, reservation, or
set-aside from an amount authorized from the Highway
Account or Mass Transit Account referred to in
subparagraph (B), the Secretary shall--
(i) determine the ratio that--
(I) the amount authorized to be
appropriated for the allocation,
reservation, or set-aside from the
account for fiscal year 2020; bears to
(II) the total amount authorized to
be appropriated for such fiscal year
for all core account programs under
such account;
(ii) multiply the ratio determined under
clause (i) by the amount of the adjustment
determined under subsection (b)(2); and
(iii) adjust the amount that the Secretary
would have allocated for the allocation,
reservation, or set-aside for the fiscal year
but for this section by the amount calculated
under clause (ii).
(B) Allocations, reservations, and set-asides.--The
allocations, reservations, and set-asides referred to
in subparagraph (A) are--
(i) the amount reserved for a fiscal year
under section 133(h)(1)(A);
(ii) the amount set aside for a fiscal year
for the National Highway Freight Program under
section 104(b)(5);
(iii) supplemental funds reserved for a
fiscal year for the National Highway
Performance Program under section 104(h)(1);
and
(iv) supplemental funds reserved for a
fiscal year for the surface transportation
block grant program under section 104(h)(2).
(d) Revision to Obligation Limitations.--If the Secretary makes an
adjustment under subsection (b) for a fiscal year to an amount subject
to a limitation on obligations imposed by any other provision of law--
(1) such limitation on obligations for such fiscal year
shall be revised by an amount equal to such adjustment; and
(2) the Secretary shall distribute such limitation on
obligations, as revised under paragraph (1), in accordance with
such provisions.
(e) Definitions.--In this section, the following definitions
apply--
(1) Highway account.--The term ``Highway Account'' means
the portion of the Highway Trust Fund that is not the Mass
Transit Account.
(2) Mass transit account.--The term ``Mass Transit
Account'' means the Mass Transit Account of the Highway Trust
Fund established under section 9503(e)(1) of the Internal
Revenue Code of 1986.
(3) Core account programs.--The term ``core account
programs'' means--
(A) the National Highway Performance Program under
section 119 of title 23, United States Code;
(B) the Surface Transportation Block Grant Program
under section 133 of title 23, United States Code;
(C) the Highway Safety Improvement Program under
section 148 of title 23, United States Code;
(D) the National Highway Freight Program under
section 167 of title 23, United States Code; and
(E) the Formula Grants for Rural Areas Program
under section 5311 of title 49, United States Code.
(4) Excess amount.--The term ``excess amount'' means--
(A) the amount authorized to be appropriated for a
fiscal year from the Highway Account or the Mass
Transit Account; minus
(B) the amount authorized to be appropriated for
fiscal year 2020 from such account under the FAST Act
(Public Law 114-94).
SEC. 1005. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 2020.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
There are authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) for the nationally
significant freight and highway projects program under section 117 of
title 23, United States Code, such sums as may be necessary for each of
fiscal years 2021 through 2025.
SEC. 1102. NATIONAL HIGHWAY FREIGHT PROGRAM.
There are authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) for the national highway
freight program under section 167 of title 23, United States Code, such
sums as may be necessary for each of fiscal years 2021 through 2025.
SEC. 1103. TRUCK PARKING SAFETY IMPROVEMENT.
(a) Parking for Commercial Vehicles.--Chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 171. Truck parking safety improvement
``(a) Grant Authority.--The Secretary shall provide grants under
this section, on a competitive basis, for projects to provide parking
for commercial motor vehicles on Federal-aid highways or on a facility
with reasonable access to--
``(1) a Federal-aid highway; or
``(2) a freight facility.
``(b) Applications.--To be eligible for a grant under this
subsection, an entity shall submit to the Secretary an application at
such time and in such manner as the Secretary may require.
``(c) Application Contents.--An application under subsection (b)
shall contain--
``(1) a description of the proposed project; and
``(2) any other information that the Secretary may require.
``(d) Eligible Entities.--The following entities shall be eligible
to receive amounts under this section:
``(1) A State.
``(2) Any public agency carrying out responsibilities
relating to commercial motor vehicle parking.
``(3) A metropolitan planning organization.
``(4) A local government.
``(e) Eligible Projects.--
``(1) In general.--An entity may use funds provided under
this section only for projects described in paragraph (2) that
are located--
``(A) on a Federal-aid highway; or
``(B) on a facility with reasonable access to--
``(i) a Federal-aid highway; or
``(ii) a freight facility.
``(2) Projects described.--A project referred to in
paragraph (1) is a project to--
``(A) construct safety rest areas (as such term is
defined in section 120(c)) that include parking for
commercial motor vehicles;
``(B) construct commercial motor vehicle parking
facilities--
``(i) adjacent to private commercial truck
stops and travel plazas;
``(ii) within the boundaries of, or
adjacent to, a publicly owned freight facility,
including a port terminal operated by a public
authority; and
``(iii) at existing facilities, including
inspection and weigh stations and park-and-ride
locations; and
``(C) convert existing weigh stations and rest
areas to facilities for the exclusive use of commercial
motor vehicle parking.
``(f) Eligible Activities.--
``(1) In general.--Entities may use allocations under this
subsection for the following activities of an eligible project:
``(A) Development phase activities, including
planning, feasability analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities.
``(B) Construction, reconstruction, rehabilitation,
acquisition of real property, environmental mitigation,
construction contingencies, acquisition of equipment,
and operational improvements directly related to
expanding commercial motor vehicle parking.
``(2) Limitation.--An entity may not use more than 10
percent of a grant under this subsection for activities
described in paragraph (1)(A).
``(g) Priority.--In making grants under this subsection, the
Secretary shall give priority to entities that--
``(1) demonstrate a safety need for commercial motor
vehicle parking capacity in the corridor in which the project
described under subsection (e)(1) is proposed to be carried
out;
``(2) have consulted with affected State and local
governments, trucking organizations, and private providers of
commercial motor vehicle parking;
``(3) demonstrate that the project described under
subsection (e)(1) will likely--
``(A) increase commercial motor vehicle parking
capacity;
``(B) facilitate the efficient movement of freight;
and
``(C) improve highway safety, traffic congestion,
and air quality; and
``(4) demonstrate the ability to provide for the
maintenance and operation cost necessary to keep the facility
available for use after completion of construction.
``(h) Federal Share.--Notwithstanding any other provision of law,
the Federal share for a project carried out under this subsection shall
be 90 percent.
``(i) Treatment of Funds.--Notwithstanding section 126, funds made
available under this subsection shall remain available until expended
and shall not be transferable.
``(j) Prohibition on Charging Fees.--To be eligible for a grant
under this section, an entity shall agree that no fees will be charged
for a commercial motor vehicle to access and park at any part of the
facility constructed with funds made available under this subsection.
``(k) Notification of Congress.--Not less than 3 days before making
a grant for a project under this section, the Secretary shall notify,
in writing, the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate of--
``(1) the amount of each proposed grant to be made under
this subsection; and
``(2) the evaluation and justification for the project
selection.
``(l) Survey and Comparative Assessment.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subsection, and every 2 years thereafter,
the Secretary, in consultation with appropriate State motor
carrier safety personnel and State departments of
transportation, shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that--
``(A) evaluates the capability of the States to
provide adequate parking and rest facilities for
commercial motor vehicles engaged in interstate
transportation;
``(B) evaluates the effectiveness of the projects
funded under this subsection in improving access to
truck parking;
``(C) evaluates the ability of entities receiving a
grant under this subsection to sustain the operation of
parking facilities constructed with funds provided
under this subsection; and
``(D) reports on the progress being made to provide
adequate commercial motor vehicle parking facilities in
the State.
``(2) Results.--The Secretary shall make the report under
paragraph (1) available to the public on the website of the
Department of Transportation.
``(m) Treatment of Projects.--Notwithstanding any other provision
of law, a project carried out under this section shall be treated as if
the project is located on a Federal-aid highway under this chapter.
``(n) Commercial Motor Vehicle Defined.--In this section, the term
`commercial motor vehicle' has the meaning given such term in section
31132 of title 49.
``(o) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding after the item relating to
section 171 the following:
``171. Truck parking safety improvement.''.
SEC. 1104. TEMPORARY FEDERAL SHARE FOR FEDERAL-AID HIGHWAY PROJECTS.
Notwithstanding any other provision of law, the Federal share of
the cost of a project under title 23, United States Code, for which
amounts are made available during fiscal year 2021 and 2022 may be up
to 100 percent, at the discretion of the Secretary of Transportation.
SEC. 1105. CONSOLIDATED FUNDING PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 172. Consolidated funding program
``(a) In General.--Not later than 6 months after the date of
enactment of this section, the Secretary shall establish a pilot
program to allow up to 5 States to receive the base apportionment for
the State in a lump sum, to be obligated and expended in accordance
with this section.
``(b) Criteria.--The Secretary shall develop criteria for selection
of a State to receive a block grant under this Act, including requiring
that recipient States--
``(1) meet minimum levels for the condition of pavement
established by the Secretary under section 150(c)(3);
``(2) meet minimum levels for the condition for bridges on
the National Highway System as described in section 119(f)(2);
``(3) uses a performance-based approach to transportation
planning and programming for statewide and metropolitan
planning areas to meet the requirements of sections 134, 135,
and 150; and
``(4) meet recertification requirements for State asset
management plans for the National Highway System as described
in section 119(e).
``(c) Applications.--
``(1) Request.--Not later than 6 months after the date of
enactment of this section, the Secretary shall request
applications in accordance with paragraph (2).
``(2) Contents.--An application submitted under this
paragraph shall include a plan on how the State and each
affected metropolitan planning organization shall continue to
meet, or make significant progress toward meeting, performance
measures and standards under section 150(c) of title 23, United
States Code.
``(d) Use of Block Grant Funds.--
``(1) Eligibilities.--Funds made available to a State under
this program shall be eligible for use for any project eligible
under--
``(A) the national highway performance program
under section 119;
``(B) the surface transportation block grant
program under section 133;
``(C) the highway safety improvement program under
section 148;
``(D) the congestion mitigation and air quality
improvement program under section 149;
``(E) for metropolitan planning under section 134;
or
``(F) the national highway freight program under
section 167.
``(2) Allocation of funds.--Of the total amount of funds
provided under this section in a fiscal year for projects
described in paragraph (1)--
``(A) 25 percent of funds shall be obligated, in
proportion to the relative shares of the population of
the State--
``(i) to urbanized areas of the State with
an urbanized area population of over 200,000;
``(ii) to areas of the State other than
urban areas with a population greater than
5,000; and
``(iii) to other areas of the State; and
``(B) for any funds that are not obligated under
subparagraph (A), such funds may be obligated in any
area of the State.
``(e) Block Grant Selection.--
``(1) Issuance.--The Secretary shall provide grants under
this section beginning with fiscal year 2022.
``(2) Obligation authority.--Nothing in this section shall
be construed to increase an obligation limitation applied to
funds made available under this section.
``(3) Subsequent fiscal years.--Subject to subsection
(g)(2), the Secretary shall continue to apportion block grants
to the awarded States.
``(4) Sunset.--The authority to provide grants under this
section shall cease on the last day of fiscal year 2025.
``(f) Supplemental Funds.--Funds reserved under section 104(h)
shall be treated as if apportioned in lump sum under this section, and
shall be in addition to amounts apportioned under this section.
``(g) Progress Report.--
``(1) In general.--Not later than 2 years after the first
fiscal year in which funds are provided under this section, any
State receiving funds shall submit to the Secretary a progress
report on meeting, or making significant progress toward
meeting, performance measures and standards under section
150(c).
``(2) Guidance.--Not later than 1 year after the initial
funds are provided under this section, the Secretary shall
promulgate guidance to lump sum recipients on requirements for
submitting a progress report under paragraph (1).
``(3) Review.--If the Secretary finds that a State that
received funds under this section did not meet, or achieve
significant progress (as defined by the Secretary) toward
target achievement of, all performance targets set in the
report required under paragraph (1), the Secretary may not
provide funds to such State under the program in the following
fiscal year or 6 months after determination that the State
failed to meet, or make significant progress toward target
achievement, whichever is later.
``(4) Transmission to congress.--Not later than 30 days
after which the Secretary receives a report from a State under
paragraph (1), the Secretary shall transmit the progress report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate.
``(h) Treatment of Law.--Notwithstanding any other provision of
law, projects funded under this section shall be treated as projects on
a Federal-aid highway under this chapter.
``(i) Definition of Base Apportionment.--In this section, the term
`base apportionment' has the meaning given the term in section
104(i).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``172. Consolidated funding program.''.
Subtitle B--Acceleration of Project Delivery
SEC. 1201. ENVIRONMENTAL REVIEWS FOR MAJOR PROJECTS.
Section 139 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B) by striking ``process for
and completion of any environmental permit'' and
inserting ``process and schedule, including a timetable
for and completion of any environmental permit'';
(B) by redesignating paragraphs (5) through (8) as
paragraphs (9) through (11);
(C) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6);
(D) by inserting after paragraph (1) the following:
``(2) Authorization.--The term `authorization' means any
environmental license, permit, approval, finding, or other
administrative decision related to an environmental review
process that is required under Federal law to site, construct,
or reconstruct a project.
``(3) Environmental document.--The term `environmental
document' means an environmental assessment, finding of no
significant impact, notice of intent, environmental impact
statement, or record of decision under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
and
(E) by inserting after paragraph (6), as
redesignated, the following:
``(7) Major project.--The term `major project' means a
project for which--
``(A) multiple permits, approvals, reviews, or
studies are required under a Federal law other than the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
``(B) the project sponsor has identified the
reasonable availability of funds sufficient to complete
the project;
``(C) the project is not a covered project, as such
term is defined in section 41001 of the FAST Act (42
U.S.C. 4370m); and
``(D) the head of the lead agency has determined
that--
``(i) an environmental impact statement is
required; or
``(ii) an environmental assessment is
required, and the project sponsor requests that
the project be treated as a major project.'';
(2) in subsection (b)(1)--
(A) by inserting ``, including major projects,''
after ``all projects''; and
(B) by inserting ``, at the request of a project
sponsor'' after ``be applied'';
(3) in subsection (c)--
(A) in paragraph (6)--
(i) in subparagraph (B) by striking ``and''
at the end;
(ii) in subparagraph (C) by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) to calculate annually the average time taken
by the lead agency to complete all environmental
documents for each project during the previous fiscal
year.''; and
(B) by adding at the end the following:
``(7) Process improvements for projects.--
``(A) In general.--The Secretary shall review
existing practices, procedures, programmatic
agreements, and applicable laws to identify potential
changes that would facilitate an efficient
environmental review process for projects.
``(B) Consultation.--In conducting the review
required by subparagraph (A), the Secretary shall
consult, as appropriate, with the heads of other
Federal agencies that participate in the environmental
review process.
``(C) Report.--Not later than 2 years after the
date of enactment of the One Federal Decision Act of
2020, Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report that includes--
``(i) the results of the review required by
subparagraph (A); and
``(ii) an analysis of whether additional
resources would help the Secretary meet the
requirements applicable to the projects under
this section.'';
(4) in subsection (d)--
(A) in paragraph (8)--
(i) in the heading, by striking ``NEPA''
and inserting ``Environmental'';
(ii) by amending subparagraph (A) to read
as follows:
``(A) In general.--Except as inconsistent with
paragraph (7), and except as provided in subparagraph
(D), to the maximum extent practicable and consistent
with Federal law, all Federal authorizations and
reviews for a project shall rely on a single
environmental document for each type of environmental
document prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the
leadership of the lead agency.''; and
(iii) by adding at the end the following:
``(D) Exception.--The lead agency may waive the
application of subparagraph (A) with respect to a
project if--
``(i) the project sponsor requests that
agencies issue separate environmental
documents;
``(ii) the obligations of a cooperating
agency or participating agency under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) have already been
satisfied with respect to such project; or
``(iii) the lead agency determines that
such application would not facilitate
completion of the environmental review process
for such project within the timeline
established under paragraph (10).''; and
(B) by adding at the end the following:
``(10) Timely authorizations for major projects.--
``(A) Deadline.--Except as provided in subparagraph
(C), notwithstanding any other provision of law, all
authorization decisions necessary for the construction
of a major project shall be completed by not later than
90 days after the date of the issuance of a record of
decision for the major project.
``(B) Required level of detail.--The final
environmental impact statement for a major project
shall include an adequate level of detail to inform
decisions necessary for the role of the participating
agencies in the environmental review process.
``(C) Extension of deadline.--Not later than 180
days after the date of enactment of the One Federal
Decision Act of 2020, the Secretary shall establish
procedures for a lead agency to extend a deadline under
subparagraph (A) in cases in which--
``(i) Federal law prohibits the lead agency
or another agency from issuing an approval or
permit within the period described in such
subparagraph;
``(ii) such an extension is requested by
the project sponsor; or
``(iii) such extension would facilitate the
completion of the environmental review and
authorization process of the major project.'';
(5) in subsection (g)--
(A) in paragraph (1)(B)--
(i) by amending clause (ii)(IV) to read as
follows:
``(IV) the overall time required by
an agency to conduct an environmental
review and make decisions under
applicable Federal law relating to a
project (including the issuance or
denial of a permit or license) and the
cost of the project;''; and
(ii) by adding at the end the following:
``(iii) Major project schedule.--To the
maximum extent practicable and consistent with
applicable Federal law, in the case of a major
project, the lead agency shall develop, in
consultation with the project sponsor, a
schedule for the major project that is
consistent with an agency average of not more
than 2 years for the completion of the
environmental review process for major
projects. The time period measured, as
applicable--
``(I) in the case of a project that
requires an environmental impact
statement, begins on the date of
publication of a notice of intent to
prepare an environmental impact
statement and ends on the date of
publication of a record of decision; or
``(II) in the case of a project
which does not require an environmental
impact statement, begins on the date
that the decision is made to prepare an
environmental assessment and ends on
the date of issuance of a finding of no
significant impact.'';
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following:
``(E) Failure to meet deadline.--If a Federal
cooperating agency fails to meet a deadline established
under subparagraph (D)(ii)(I)--
``(i) not later than 30 days after the date
such agency failed to meet such deadline, such
agency shall submit to the Secretary a report
on why the deadline was not met; and
``(ii) not later than 30 days after the
date on which a report is submitted under
clause (i), the Secretary shall--
``(I) transmit to the Committee on
Environment and Public Works of the
Senate and the Committee on
Transportation and Infrastructure of
the House of Representatives a copy of
such report; and
``(II) make such report available
to the public on the internet.''; and
(6) by adding at the end the following:
``(p) Accountability and Reporting for Major Projects.--
``(1) In general.--Not later than 180 days after the date
of enactment of the One Federal Decision Act of 2020, the
Secretary shall establish a performance accountability system
to track each major project.
``(2) Requirements.--The performance accountability system
required under paragraph (1) shall, for each major project,
track--
``(A) the environmental review process for such
project, including the project schedule required by
subsection (g)(1)(B)(iii);
``(B) whether the lead agency, cooperating
agencies, and participating agencies are meeting such
schedule; and
``(C) the time taken to complete the environmental
review process.
``(q) Development of Categorical Exclusions.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, the Secretary shall--
``(A) in consultation with the agencies described
in paragraph (2), identify the categorical exclusions
established by the Federal Highway Administration that
would accelerate delivery of a project if such
categorical exclusions were available to such agencies;
``(B) collect existing documentation and
substantiating information on the categorical
exclusions described in subparagraph (A); and
``(C) provide to each agency described in paragraph
(2) a list of the categorical exclusions identified
under subparagraph (A) and the documentation and
substantiating information collected under subparagraph
(B).
``(2) Agencies described.--The following agencies are
described in this paragraph:
``(A) The Departments of--
``(i) the Interior;
``(ii) Commerce;
``(iii) Agriculture;
``(iv) Energy; and
``(v) Defense, including the United States
Army Corps of Engineers.
``(B) Any other Federal agency that has
participated in an environmental review process for a
major project, as determined by the Secretary.
``(3) Adoption of categorical exclusions.--
``(A) In general.--Not later than 1 year after the
date on which the Secretary provides the list under
paragraph (1)(C), an agency described in paragraph (2)
shall publish a notice of proposed rulemaking to
propose any categorical exclusions from the list
applicable to the agency, subject to the condition that
the categorical exclusion identified under paragraph
(1)(A) meets the criteria for a categorical exclusion
under section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(B) Public comment.--In a notice of proposed
rulemaking under subparagraph (A), the applicable
agency shall solicit comments on whether any of the
proposed new categorical exclusions meet the criteria
for a categorical exclusion under section 1508.4 of
title 40, Code of Federal Regulations (or successor
regulations).''.
SEC. 1202. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISION MAKING.
(a) Amendments.--Title I of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332) is amended--
(1) in section 102(2)(C), by inserting ``subject to section
106,'' before ``include''; and
(2) by adding at the end the following:
``SEC. 106 PROCEDURES FOR DETERMINATIONS.
``(a) Environmental Impact Statements.--
``(1) Request for public comment.--Each notice of intent to
prepare an environmental impact statement under section 102
shall include a request for public comment on potential
alternatives or impacts and on relevant information, studies,
or analyses with respect to the proposed Federal action.
``(2) Sponsor preparation.--A lead agency may allow a
project sponsor to prepare an environmental impact statement,
if such agency provides such sponsor with appropriate guidance
and assists in the preparation. The lead agency shall
independently evaluate the environmental impact statement
before adopting it, and shall take responsibility for the
contents upon adoption.
``(3) Deadline.--Each environmental impact statement shall
be completed not later than 2 years after the date of
publication of the notice of intent to prepare such
environmental impact statement is issued unless the lead agency
approves a delay in writing and establishes a new timeline that
provides only so much additional time as is necessary to
complete such environmental impact statement. The lead agency
may only approve such a delay if such delay is necessary to
complete the environmental impact statement.
``(4) Statement of purpose and need.--Each environmental
impact statement shall include a statement of purpose and need
that briefly summarizes the underlying purpose and need for the
proposed agency action. In a case where the agency is reviewing
an application for authorization, such statement shall focus on
the goals of the applicant and the agency's authority.
``(5) Estimated total cost.--The cover sheet for each
environmental impact statement shall include a statement of the
estimated total cost of preparing such environmental impact
statement, including the costs of agency full-time equivalent
personnel hours, contractor costs, and other direct costs.
``(6) Word limit.--A statement of environmental impact may
not exceed 75,000 words unless--
``(A) the proposal is of unusual scope or
complexity; or
``(B) the lead agency approves a longer statement
in writing and establishes a new word limit.
``(b) Environmental Assessments.--
``(1) Sponsor preparation.--A lead agency may allow a
project sponsor to prepare an environmental assessment, if such
agency provides such sponsor with appropriate guidance and
assists in the preparation. The lead agency shall independently
evaluate the environmental assessment before adopting it, and
shall take responsibility for the contents upon adoption.
``(2) Word limit.--An environmental assessment may not
exceed 37,500 words, excluding appendices, unless the lead
agency approves a longer statement in writing and establishes a
new word limit.
``(3) Deadline.--Environmental assessments required by
section 102 shall be completed not later than 1 year after the
date on which the decision to prepare such environmental
assessment is made unless the lead agency approves a delay in
writing and establishes a new timeline that provides only so
much additional time as is necessary to complete such
environmental assessment.
``(c) Review for Application of Section 102.--In reviewing a
Federal action to determine the appropriate review under section 102:
``(1) Requirements for a cooperating agency.--A cooperating
agency shall submit any comments within a time period specified
by the lead agency and limit such comments to matters on which
such agency has jurisdiction by law or special expertise with
respect to an environmental issue.
``(2) Definition of significance.--In determining whether
the effects of a proposed Federal action are significant, a
Federal official shall only consider the reasonably foreseeable
effects with a reasonably close causal relationship to the
action being considered and may not consider cumulative
effects.
``(d) Categorical Exclusions.--Not later than 90 days after the
date of enactment of this section, the Council on Environmental Quality
shall establish procedures for a Federal agency to adopt a categorical
exclusion established by another Federal agency.
``(e) Judicial Review.--No agency action taken under parts 1500
through 1508 of title 40, Code of Federal Regulations, (or any
successor regulations) may be subject to judicial review before the
issuance of a record of decision or other final agency decision.
``(f) Injunctive Relief.--A violation of this Act shall not
constitute the basis for injunctive relief.
``(g) Definitions.--In this section:
``(1) Categorical exclusion.--The term `categorical
exclusion' means a category of actions that a Federal agency
has determined do not under usual circumstances have a
significant effect on the human environment for the purposes of
this Act.
``(2) Cooperating agency.--The term `cooperating agency'
has the meaning given such term in section 139 of title 23,
United States Code.
``(3) Environmental assessment.--The term `environmental
assessment' means an environmental assessment prepared under
section 102.
``(4) Environmental impact statement.--The term
`environmental impact statement' means an environmental impact
statement prepared under section 102.
``(5) Lead agency.--The term `lead agency' has the meaning
given such term in section 139 of title 23, United States Code.
``(6) Reasonably foreseeable.--The term `reasonably
foreseeable' means sufficiently likely to occur such that a
person of ordinary prudence would take such occurrence into
account in reaching a decision.
``(7) Special expertise.--The term `special expertise'
means statutory responsibility, agency mission, or related
program experience.''.
(b) Regulatory Changes.--
(1) Controversy as a factor in determining significance.--
The Council on Environmental Quality shall, not later than 90
days after the date of enactment of this Act, issue regulations
to remove consideration of the level of controversy with
respect to a determination regarding whether a proposed Federal
action is significant as such term is used in section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(2) Alternatives outside of agency jurisdiction.--The
Council on Environmental Quality shall, not later than 120 days
after the date of enactment of this Act, issue regulations to
remove any requirement that a lead agency consider alternatives
not within the jurisdiction of such agency unless such
consideration is necessary for agency decision making under
section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
SEC. 1203. APPLICATION OF CATEGORICAL EXCLUSIONS FOR TRANSPORTATION
PROJECTS.
(a) In General.--Section 304 of title 49, United States Code, is
amended--
(1) in the section heading by striking ``multimodal'' and
inserting ``transportation'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Department of
Transportation operating administration or
secretarial office'' and inserting ``Federal
agency'';
(ii) by striking ``lead authority'' and
inserting ``lead agency''; and
(iii) by striking ``multimodal'';
(B) by amending paragraph (2) to read as follows:
``(2) Lead agency.--The term `lead agency' means a Federal
agency, or State agency that has been delegated authority under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), that has the lead responsibility for compliance with
such Act with respect to a proposed project.''; and
(C) by amending paragraph (3) to read as follows:
``(3) Project.--The term `project' has the meaning given
such term in section 139(a) of title 23.'';
(3) in subsection (b) by striking ``multimodal'';
(4) in subsection (c)--
(A) in the heading by striking ``Multimodal'';
(B) by striking ``multimodal project, a lead
authority'' and inserting ``project, a lead agency'';
(C) by striking ``procedures of a cooperating
authority for a proposed multimodal project'' and
inserting ``procedures of any other Federal agency for
a proposed project'';
(D) in paragraph (1)--
(i) by striking ``lead authority makes a
determination, with the concurrence of the
cooperating authority'' and inserting ``the
Federal agency proposing to apply the
categorical exclusion makes a determination,
after consultation with the other Federal
agencies'';
(ii) in subparagraph (A) by striking
``multimodal''; and
(iii) in subparagraph (B) by striking the
semicolon and inserting ``; and'';
(E) in paragraph (2)--
(i) by striking ``lead authority'' and
inserting ``lead agency proposing to apply the
categorical exclusion''; and
(ii) by striking ``of the cooperating
authority or procedures under that Act; and''
and inserting ``or procedures of the other
Federal agency under that Act.''; and
(F) by striking paragraph (3); and
(5) in subsection (d) by striking ``multimodal''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 49,
United States Code, is amended by striking the item relating to section
304 and inserting the following:
``304. Application of categorical exclusions for transportation
projects.''.
SEC. 1204. AIR QUALITY AND CONFORMITY.
(a) Separating Requirements Applicable to Projects.--Section 176(c)
of the Clean Air Act (42 U.S.C. 7506(c)) is amended--
(1) in the matter preceding subparagraph (A) in paragraph
(1) by striking ``Conformity to'' and inserting ``Conformity
to'';
(2) in paragraph (2)--
(A) by striking ``(2) Any transportation'' and
inserting ``(2)(A) Any transportation'';
(B) by striking ``any transportation plan, program
or project unless such plan, program or project'' and
inserting ``any transportation plan or program unless
such plan or program'';
(C) by striking ``(A) no transportation'' and
inserting ``(i) no transportation'';
(D) by striking ``(B) no metropolitan'' and
inserting ``(ii) no metropolitan'';
(E) by striking ``(C) a transportation project may
be adopted or approved by a metropolitan planning
organization or any recipient of funds designated under
title 23, United States Code, chapter 53 of title 49,
United States Code, or found in conformity by a
metropolitan planning organization or approved,
accepted, or funded by the Department of Transportation
only if it meets either the requirements of
subparagraph (D)'' and inserting the following:
``(B) Except as provided in this section, no Federal agency may
approve, accept, or fund any transportation project unless such project
has been found to conform to any applicable implementation plan in
effect under this Act. A transportation project may be found in
conformity by the Department of Transportation only if it meets either
the requirements of subparagraph (C)'';
(F) by adjusting the margins of clauses (i), (ii),
and (iii) of subparagraph (B), as redesignated, 2 ems
to the left; and
(G) by striking ``(D) Any project not referred to''
and inserting the following:
``(C) Any project not referred to''.
(b) Conformity Determinations Prior to Construction of
Transportation Projects.--Paragraph (2) of section 176(c) of the Clean
Air Act (42 U.S.C. 7506(c)), as amended by subsection (a), is further
amended by adding at the end the following new subparagraph:
``(E) The conformity determinations required by this section with
respect to transportation projects shall be coordinated with the
transportation planning process under sections 134 and 135 of title 23,
United States Code, and with the environmental review process required
under the National Environmental Policy Act of 1969 and other
applicable laws, in accordance with the following requirements:
``(i) The Secretary of Transportation shall make its
conformity determination for a transportation project prior to
initiation of construction of the project.
``(ii) The Secretary of Transportation shall include the
transportation project in the plan or program developed
pursuant to title 23 or chapter 53 of title 49, as applicable,
before the Secretary of Transportation makes a conformity
determination for the project.
``(iii) The Secretary of Transportation shall--
``(I) ensure that any environmental document
prepared for the project under the National
Environmental Policy Act of 1969 (42 U.S.C. 4332 et
seq.) discloses the need for a transportation
conformity determination and evaluates consistency with
conformity requirements; and
``(II) condition any approval issued by the
Secretary in the environmental review process on
satisfying conformity requirements prior to
construction.''.
(c) Technical Correction to Margins.--The margins of paragraphs (5)
through (10) of section 176(c) of the Clean Air Act (42 U.S.C. 7506(c))
are amended by moving such margins 2 ems to the left.
(d) Applicability.--Section 176(c)(5) of the Clean Air Act (42
U.S.C. 7506(c)(5)), as amended by subsection (c), is further amended--
(1) by striking ``(5) Applicability.--This subsection''
and inserting ``(5) Applicability.--(A) This subsection''; and
(2) by adding at the end the following new subparagraph:
``(B) If a new national ambient air quality standard is promulgated
for an air pollutant under section 109, the requirements of this
section apply only with respect to the most recently promulgated
standard.''.
(e) Programmatic Conformity Determinations.--Section 176(c) of the
Clean Air Act (42 U.S.C. 7506(c)), as amended, is amended by adding at
the end the following new paragraph:
``(11) Programmatic Conformity Determinations.--
``(A) In general.--The Secretary of Transportation--
``(i) shall, to the maximum extent practicable, use
programmatic conformity determinations to streamline
the process for satisfying transportation conformity
requirements under this subsection; and
``(ii) may issue a programmatic conformity
determination, in consultation with the Administrator,
on a nationwide, statewide, metropolitan, or other
geographic basis.
``(B) Regulations.--
``(i) Requirement.--Not later than 180 days after
the date of enactment of this paragraph, the Secretary
of Transportation shall issue regulations implementing
this paragraph.
``(ii) Contents.--The regulations required by
clause (i) shall include, at a minimum, procedures for
making programmatic conformity determinations for--
``(I) projects in marginal nonattainment
areas;
``(II) projects that are not exempt from
conformity requirements, but would have
individually and cumulatively minor effects on
the applicable area's ability to control
pollutants; and
``(III) projects located in areas in which
the ambient levels of the applicable pollutant
are substantially lower than the level required
by the applicable national ambient air quality
standard, such that an exceedance of that
standard is determined by the Secretary to be
unlikely to occur.
``(C) Definition.--In this paragraph, the term
`programmatic conformity determination' includes any conformity
determination that applies to a category of transportation
plans, programs, or projects.''.
SEC. 1205. AGREEMENTS RELATING TO USE OF AND ACCESS TO RIGHTS-OF-WAY
INTERSTATE SYSTEM.
Section 111(e) of title 23, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Justification Reports.--
``(1) In general.--Upon request of a State, the Secretary
shall enter into a written agreement with the State that
assigns the full responsibility of the Secretary to the State
for granting any approvals required under subsection (a) for
changes in points of access to, or exits from, the Interstate
System (including new or modified freeway-to-crossroad
interchanges inside a transportation management area
(designated or identified under section 5303(k) of title 49)).
``(2) Conditions.--In entering into a written agreement
under paragraph (1), the Secretary shall include appropriate
conditions to ensure that the responsibilities assigned are
carried out in a manner consistent with maintaining a safe and
efficient Interstate System.''.
SEC. 1206. PERMITS FOR DREDGED OR FILL MATERIAL.
Section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) is amended--
(1) in subsection (f)(1)--
(A) in subparagraph (C) by striking ``or the
maintenance of drainage ditches'';
(B) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (E), (F), and (G), respectively;
and
(C) by inserting after subparagraph (C) the
following:
``(D) activities involving maintenance, repair and/
or construction of roadside ditches, including
emergency activities, temporary fills, and changes in
the character, scope, and/or size of the original fill
design to meet current design and safety standards,
provided that they do not result in significant
alterations to flow or circulation, and maintain to the
maximum extent practicable, the course, condition,
capacity, and location of open waters;''; and
(2) in subsection (s)(3) by striking ``acton'' and
inserting ``action''.
SEC. 1207. PILOT PROGRAM ON USE OF INNOVATIVE PRACTICES FOR
ENVIRONMENTAL REVIEWS.
(a) Findings.--Congress finds the following:
(1) The environmental review process for transportation
infrastructure projects is complex and inefficient, resulting
in delays and increased costs of delivery of needed
improvements to our transportation system.
(2) It is in the national interest to promote truly
innovative approaches that have the potential to yield positive
environmental and transportation outcomes more quickly and
efficiently, with greater transparency and responsiveness to
all stakeholders.
(b) Establishment.--The Secretary of Transportation shall establish
a pilot program to promote the use of innovative practices in carrying
out environmental reviews for transportation projects, including
innovative practices that--
(1) integrate environmental planning or other techniques
involving consideration of multiple resources on a watershed or
ecosystem scale;
(2) enhance environmental mitigation and enhancement
measures that will result in a substantial improvement over
existing conditions in an ecosystem or watershed;
(3) use innovative technologies that enable more effective
public participation in decision making, including use of
visualization, animation, and other advanced methods for
depicting alternatives; and
(4) focus on environmental and transportation outcomes
rather than processes.
(c) Flexibilities.--In carrying out the pilot program established
under subsection (b), the Secretary, in concurrence with the affected
agency may waive, with respect to an eligible project, any requirement
under Federal law, regulation, or order, if the Secretary and such
agencies find that waiving the requirement is reasonably expected to--
(1) promote the development of innovative practices for the
environmental review process, as described in paragraphs (1)
through (4) of subsection (b);
(2) enable the more efficient delivery of needed
improvements to the transportation system; and
(3) result in achieving the conservation goals of relevant
statutes.
(d) Eligibility.--In carrying out the pilot program established
under subsection (b), the Secretary may not select more than 15
eligible projects to participate in the program.
(e) Application Process.--
(1) In general.--The Secretary and the affected agency
shall be jointly responsible for reviewing and approving
applications for participation in the program, as set forth in
this subsection.
(2) Application.--The applicant shall submit a written
application, in a form prescribed by the Secretary, requesting
use of one or more innovative practices in the environmental
review process for the project or proposal and identifying any
flexibilities needed to carry out those innovative practices.
(3) Written recommendation.--If the Secretary recommends
approval of the application, the Secretary shall submit a
written recommendation to the affected agency for review. The
Secretary's recommendation may include modifications to the
applicant's proposal.
(4) Approval or denial of application.--The affected agency
shall approve or deny the application, or approve the
application with conditions.
(5) Communication of decision.--Upon the final approval
decision by the Secretary and affected agency, the Secretary
shall communicate the decision in writing to the project
sponsor, the affected State (if not the project sponsor), and
each affected agency, and shall post the decision on the
agency's public website, and publish the decision in the
Federal Register. The Secretary's notice shall identify, with
specificity, each Federal requirement that has been waived or
otherwise modified. This decision shall be final.
(f) Implementation.--Upon publication of the decision in the
Federal Register pursuant to subsection (e)(5), the Secretary may
initiate the proposal or the environmental review process for the
project. Each Federal agency with responsibility for review,
consultation, approval, or other role in the environmental review
process for the project or proposal shall proceed in accordance with
the decision.
(g) Termination.--
(1) In general.--The Secretary or any affected agency may
terminate the participation of a project in the pilot program
under this section if the Secretary or affected agency
determines that--
(A) the conditions for participation (as set forth
in the application approval decision) have not been
met; and
(B) termination is in the public interest.
(2) Notice.--Before terminating a project's participation
under paragraph (1), the Secretary shall give the project
sponsor (and the State, if the State is not the sponsor)
written notice and a period of at least 30 days to address the
concerns.
(h) Reporting.--
(1) Annual report.--The Secretary, in consultation with the
affected agency, shall annually submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on each eligible project
participating in the program.
(2) Contents.--The annual report under paragraph (1)
shall--
(A) identify each eligible project;
(B) provide a status update on the environmental
review process for such project; and
(C) summarize any lessons learned from the use of
innovative practices authorized under the pilot
program.
(i) Sunset.--The pilot program established under subsection (b)
shall terminate on the date that is 5 years after the date of enactment
of this Act.
(j) Definitions.--In this section:
(1) Affected agency.--The term ``affected agency'' means a
Federal agency or agencies, other than the Department of
Transportation, with an approval or consultation role that
would be affected if the flexibilities described in subsection
(c) are used.
(2) Eligible entity.--The term ``eligible entity'' means
any State department of transportation.
(3) Eligible project.--The term ``eligible project''
includes--
(A) any project (as such term is defined in section
139(a)(6) of title 23, United States Code) for which
the environmental review process has not been initiated
for such project; and
(B) any proposal to meet paragraphs (1) through (4)
of subsection (c).
TITLE II--INNOVATIVE PROJECT FINANCE
SEC. 2001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 TEMPORARY LOAN RELIEF DUE TO COVID-19.
(a) Definitions.--In this section:
(1) Eligible borrower.--The term ``eligible borrower''
means a recipient of an eligible loan administered by the
National Surface Transportation and Innovative Finance Bureau.
(2) Eligible loan.--The term ``eligible loan'' means a loan
provided on or before the date of enactment of this Act under a
program described in subparagraph (A) or (B) of section
116(d)(1) of title 49, United States Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Interest Rate Reset.--
(1) In general.--If, at any time after the date of
execution of an eligible loan, the eligible borrower of such
eligible loan is impacted by COVID-19 and unable to generate
sufficient revenues from the dedicated revenue source to pay
the scheduled repayments of principal and interest on such
eligible loan--
(A) the eligible borrower may submit to the
Secretary a request to reset the interest rate of the
eligible loan in such manner and containing such
information as the Secretary may require; and
(B) the Secretary--
(i) in accordance with such criteria as the
Secretary may establish under subsection (d),
shall determine whether the eligible borrower
is impacted by COVID-19; and
(ii) if a positive determination is made
under clause (i), may reset the interest rate
of such eligible loan (including through
amendment of such eligible loan) to a lower
interest rate equal to not less than the yield
on United States Treasury securities of a
similar maturity to the maturity of the
eligible loan on the date of the reset, in
accordance with this section.
(2) Applicability.--A lower interest rate provided for an
eligible loan pursuant to paragraph (1)(B)(ii) shall apply
until the final maturity date of the eligible loan.
(c) Other Loan Modifications.--With respect to an eligible borrower
impacted by COVID-19, the Secretary, on determining that the eligible
borrower has been impacted by COVID-19, may--
(1) allow, for a maximum aggregate period of not more than
5 years, an obligor to add unpaid principal and interest to the
outstanding balance of the loan, subject to the requirements
under section 502(j)(3)(B) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(j)(3)(B)) or
section 603(c)(3)(B) of title 23, United States Code, as
applicable; and
(2) extend any applicable disbursement period established
under an agreement for credit assistance made pursuant to
section 502 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 822) or section 603 of title 23,
United States Code, as applicable.
(d) Criteria.--
(1) In general.--To be eligible to receive a lower interest
rate or other loan modification under this section, an eligible
borrower shall achieve compliance with such criteria as the
Secretary may establish, in accordance with paragraph (2).
(2) Factors for consideration.--In establishing criteria
for purposes of paragraph (1), the Secretary may take into
consideration such factors as the Secretary determines to be
relevant, including achieving the objectives of--
(A) maintaining the operation of a project carried
out by an eligible borrower in a disaster, emergency,
or other extenuating circumstance;
(B) mitigating the financial impact on an eligible
borrower of a disaster, emergency, or other extenuating
circumstance; and
(C) protecting the interests of the Federal
Government in critical infrastructure.
(e) Effective Period.--
(1) In general.--The authority of the Secretary to reset
interest rates pursuant to this section shall terminate on
September 30, 2021.
(2) Effect of subsection.--Nothing in this subsection
affects any eligible loan that is modified pursuant to this
section on or before September 30, 2021.
TITLE III--PUBLIC TRANSPORTATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Federal Public Transportation Act
of 2020''.
SEC. 3002. URBANIZED AREA FORMULA GRANTS.
Section 5307(f)(2) of title 49, United States Code, is amended--
(1) by striking ``At least once every 3 years'' and
inserting the following:
``(A) In general.--At least once every 3 years,
except as provided for under subparagraph (B)''; and
(2) by adding at the end the following:
``(B) Targeted review for high-performing
recipients.--In the case of a recipient under this
section for which no action under paragraph (3) has
been found to be necessary for 6 or more consecutive
years, the triennial review shall be a targeted review,
as determined by the Secretary, to ascertain whether
there is, with respect to the performance of a program
under this section--
``(i) any outstanding or unresolved finding
from prior reviews;
``(ii) evidence of noncompliance with an
applicable statutory or administrative
requirement under this chapter; or
``(iii) any material change since the most
recent triennial review that the Secretary
determines risks the recipient's compliance
with respect to such performance.''.
SEC. 3003. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7)--
(i) in subparagraph (A) by striking
``$100,000,000'' and inserting
``$200,000,000''; and
(ii) in subparagraph (B) by striking
``$300,000,000'' and inserting
``$400,000,000''; and
(B) by adding at the end the following:
``(8) Rural start project.--The term `rural start project'
means a new transit capital project that is not in an urbanized
area for which--
``(A) the Federal assistance provided or to be
provided under this section is less than $80,000,000;
and
``(B) the total estimated net capital cost is less
than $150,000,000.'';
(2) in subsection (b)(1) by striking ``or small start
projects'' and inserting ``, small start projects, or rural
start projects'';
(3) in subsection (c)(1) by striking ``small start
projects'' and inserting ``, small start projects, rural start
projects''; and
(4) in subsection (h)--
(A) in the heading by striking ``Small Start
Projects'' and inserting ``Small Start Projects and
Rural Start Projects'';
(B) in paragraph (1) by striking ``small start
project'' and inserting ``small start project or rural
start project'';
(C) in paragraph (2)(A) by striking ``small starts
project'' and inserting ``small start project or rural
start project'';
(D) in paragraph (3) by striking ``small start
project'' and inserting ``small start project or rural
start project''; and
(E) in paragraph (6)(A) by striking ``small start
project'' and inserting ``small start project or rural
start project''.
SEC. 3004. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES.
Section 5310 of title 49, United States Code, is amended--
(1) in subsection (b)(2) by striking ``(A) Amount
available'' and all that follows through ``A recipient of a
grant under'' and inserting ``A recipient of a grant under'';
(2) in subsection (c)(2) by adding at the end the
following:
``(E) Reallocation.--Amounts apportioned under
section 5310(c)(1)(A) may be reallocated to projects in
areas other than urbanized areas.'';
(3) by striking paragraphs (1) and (2) of subsection (d)
and inserting the following:
``(1) Capital projects.--
``(A) In general.--Except as provided in
subparagraph (B), a grant awarded under this section
for a capital project shall be 80 percent of the net
costs of the project, as determined by the Secretary.
``(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government share of
the net costs in accordance with the formula under such
section.
``(2) Operating assistance.--
``(A) In general.--Except as provided by
subparagraph (B), a grant awarded under this section
for a operating assistance may not exceed an amount
equal to 50 percent of the net operating costs of the
project, as determined by the Secretary.
``(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government share of
the net costs that is equal to 62.5 percent of the
Government share provided for under paragraph
(1)(B).''; and
(4) by striking subsection (e)(1) and inserting the
following:
``(1) In general.--To the extent the Secretary determines
appropriate, the requirements of--
``(A) section 5307 shall apply to recipients of
grants made in urbanized areas under this subsection;
and
``(B) section 5311 shall apply to recipients of
grants made in rural areas under this subsection.''.
SEC. 3005. FORMULA GRANTS FOR RURAL AREAS.
Section 5311(g) of title 49, United States Code, is amended--
(1) in paragraph (1) by adding at the end the following:
``(C) Projects in qualified opportunity zones,
medically underserved areas, or areas with a medically
underserved population.--A grant awarded under this
section for a capital project in a qualified
opportunity zone, a medically underserved area, or
areas with a medically underserved population shall be
for 90 percent of the net costs of the project, as
determined by the Secretary.'';
(2) in paragraph (2) by adding at the end the following:
``(C) Projects in qualified opportunity zones,
medically underserved areas, or areas with a medically
underserved population.--A grant awarded under this
section for a capital project in a qualified
opportunity zone, a medically underserved area, or an
area with a medically underserved population shall be
for 62.5 percent of the Government share provided for
under paragraph (1)(B).''; and
(3) by adding at the end the following:
``(6) Definitions.--In this subsection:
``(A) Qualified opportunity zone.--The term
`qualified opportunity zone' has the meaning given such
term in section 1400Z-1 of the Internal Revenue Code of
1986.
``(B) Medically underserved areas; an area with a
medically underserved population.--The term `medically
underserved areas' or `an area with a medically
underserved population' means an area or populations
that are designated as medically underserved by the
Secretary of Health and Human Services pursuant to
section 330(b)(3) of the Public Health Service Act (42
U.S.C. 254b(b)(3)).''.
SEC. 3006. NON-EMERGENCY MEDICAL TRANSPORTATION.
(a) Research Project Eligibility.--Section 5312(c)(2) of title 49,
United States Code, is amended--
(1) in subparagraph (M), by striking ``or'' at the end;
(2) by redesignating subparagraph (N) as subparagraph (O);
and
(3) by inserting after subparagraph (M) the following:
``(N) access to hospitals and healthcare providers
in areas underserved by transit or with limited public
transportation options, as determined by the Secretary;
or''.
(b) Innovation and Development Project Eligibility.--Section
5312(d)(2) of title 49, United States Code, is amended--
(1) in subparagraph (G), by striking ``or'' at the end;
(2) by redesignating subparagraph (H) as subparagraph (I);
and
(3) by inserting after subparagraph (G) the following:
``(H) public transportation projects that improve
health care access and outcomes; or''.
(c) Demonstration, Deployment, and Evaluation Project
Eligibility.--Section 5312(e)(3) of title 49, United States Code, is
amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(D) the deployment of public transportation
projects or practices that--
``(i) achieve measurable improvements in
transportation access to health care for
medically underserved areas or populations, as
designated by the Health Resources and Services
Administration pursuant to section 330(b)(3) of
the Public Health Service Act (42 U.S.C.
254b(b)(3));
``(ii) implement transportation strategies
for addressing significant health needs as
identified by a community health needs
assessment pursuant to the requirements of
section 501(r)(3)(A) of the Internal Revenue
Code of 1986; or
``(iii) eliminate or reduce transportation
barriers to accessing health care that are
identified and prioritized in the coordinated
public transit-human services transportation
plan described in section 5310(e)(2)(A).''.
SEC. 3007. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
(a) In General.--Section 5314(a) of title 49, United States Code,
is amended--
(1) in paragraph (2)--
(A) in subparagraph (H) by striking ``and'' at the
end;
(B) by redesignating subparagraph (I) as
subparagraph (J); and
(C) by inserting after subparagraph (H) the
following:
``(I) provide innovation and capacity building to
rural and tribal public transportation recipients but
not to duplicate the activities of sections 5311(b) or
5312; and''; and
(2) by adding at the end the following:
``(4) Availability of amounts.--Of the amounts made
available to carry out this section under section 5338(c), such
sums as necessary shall be available to carry out activities
described in paragraph (2)(I).''.
(b) Availability of Amounts.--Section 5314(c)(4)(A) of title 49,
United States Code, is amended by inserting ``5311,'' after ``5307,''.
SEC. 3008. GENERAL PROVISIONS.
(a) Reasonable Access to Public Transportation Facilities.--Section
5323(r) of title 49, United States Code, is amended to read as follows:
``(r) Reasonable Access to Public Transportation Facilities.--
``(1) In general.--A recipient of assistance under this
chapter may not deny reasonable access for a private or charter
transportation operator to federally funded public
transportation facilities, including intermodal facilities,
park-and-ride lots, and bus-only highway lanes. In determining
reasonable access, capacity requirements of the recipient of
assistance and the extent to which access would be detrimental
or beneficial to existing public transportation services must
be considered. A recipient shall respond to any request for
reasonable access within 90 days of the receipt of the request.
``(2) Response to request.--
``(A) In general.--If a recipient of assistance
under this chapter fails to respond to a request within
the 90-day period described in paragraph (1), the
operator may seek assistance from the Secretary to
obtain a response.
``(B) Denial of access.--If a recipient of
assistance under this chapter denies access to a
private intercity or charter transportation operator
based on the reasonable access standards provided in
paragraph (1), the recipient shall provide, in writing,
the reasons for the denial.''.
(b) Waivers and Deferrals; Administrative Option.--Section 5323 of
title 49, United States Code, is amended by striking subsection (t) and
inserting the following:
``(t) Waivers and Deferrals; Administrative Option.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall have the authority to waive, exempt,
defer, or establish a simplified level of compliance for
recipients of assistance under this chapter that operate 10 or
fewer vehicles in service, or that receive financial assistance
under both sections 5307 and 5311 of this chapter.
``(2) Guidance required.--Not later than 180 days of
enactment of the Federal Public Transportation Act of 2020, the
Secretary shall publish guidance for recipients of assistance
under this chapter that operate 10 or fewer buses in service or
that receive financial assistance under both of sections 5307
and 5311 concerning--
``(A) which specific requirements may be considered
for waivers, exemptions, deferrals, or simplified
levels of compliance by recipients of assistance
described in paragraph (1);
``(B) the process by which recipients of assistance
described in paragraph (1) may request such waivers,
exemptions, deferrals, or simplified levels of
compliance;
``(C) the criteria by which the Secretary shall
evaluate and act upon such requests;
``(D) the terms and conditions the Secretary shall
attach to any waiver, exemption, deferral or simplified
level of compliance that is awarded under paragraph
(1);
``(E) actions the Secretary may take if a recipient
fails to comply the terms and conditions attached to a
waiver, exemption, deferral, or simplified level of
compliance that has been awarded under paragraph (1);
and
``(F) the circumstances under which the Secretary
may use this paragraph to award a waiver, exemption,
deferral or simplified level of compliance to a
recipient of assistance under this chapter and
described in this paragraph.
``(3) Maintain safety.--The Secretary shall not take any
action under this subsection that would degrade safety to lives
or property.
``(4) Report.--The Secretary shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives an annual report detailing the requests and
actions that have been taken under this subsection in the
preceding 12 months.''.
(c) Threshold for the Sale of Transit Vehicles After Service
Life.--Section 5323 of title 49, United States Code, is further amended
by adding at the end the following:
``(v) Threshold for the Sale of Transit Vehicles After Service
Life.--Notwithstanding any other provision of law or regulation, for
programs under this chapter the threshold amount for transit vehicles
after the service life is reached shall be 20 percent of the original
acquisition cost of the purchased equipment. For transit vehicles sold
for an amount above such amount, the threshold amount shall be retained
by the transit agency upon sale of the asset for use by the transit
agency for the purpose of operating or capital expenditures, and the
remainder shall be remitted to the Secretary and shall be deposited
into the Mass Transit Account of the Highway Trust Fund. If such a
vehicle is sold for an amount below or equal to the threshold amount,
the transit agency shall retain all funds from the sale.''.
SEC. 3009. APPORTIONMENTS.
Section 5336(h)(3) of title 49, United States Code, is amended to
read as follows:
``(3) of amount not apportioned under paragraphs (1) and
(2), 3 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with subsection
(i);''.
SEC. 3010. GRANTS FOR BUS AND BUS FACILITIES.
Section 5339 of title 49, United States Code is amended--
(1) in subsection (a)(5) by striking subparagraph (A) and
inserting the following:
``(A) National distribution.--For each of fiscal
years 2021 through 2025, each State shall be allocated
0.6 percent of the amount made available under section
5338(a)(2)(L) and each territory shall be allocated
0.15 percent of such amount.'';
(2) in subsection (b)(5) by striking ``10'' and inserting
``20''; and
(3) in subsection (c)--
(A) in paragraph (1)(E)--
(i) in clause (i) by striking ``; or'' and
inserting a semicolon;
(ii) in clause (ii) by striking the
semicolon and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) with respect to projects in rural
areas, any passenger vehicle that is equipped
with any technology, including compressed
natural gas and liquefied natural gas that
reduces energy consumption or harmful
emissions, including direct carbon emissions,
when compared to a diesel powered vehicle;'';
(B) in paragraph (3)(A) by striking ``requirements
of section 5307'' and inserting the following:
``requirements of--
``(i) for eligible recipients of grants
made in urbanized areas, section 5307; and
``(ii) for eligible recipients of grants
made in rural areas, section 5311.''; and
(C) by adding at the end the following:
``(8) Distribution of grant funds.--Of the funds allocated
under section 5338(a)(2)(M) for no or low emission grants under
section 5339(c), not less than 10 percent of the amounts shall
be distributed to projects in rural areas.''.
SEC. 3011. ELIMINATION OF APPORTIONMENTS BASED ON HIGH DENSITY STATE
FACTORS.
(a) In General.--Section 5340 of title 49, United States Code, is
amended--
(1) in subsection (b) by striking ``and subsection (d)'';
and
(2) by striking subsection (d).
(b) Technical Corrections.--Section 5340 of title 49, United States
Code, is amended--
(1) in subsection (b) by striking ``5338(b)(2)(N)'' and
inserting ``5338(a)(2)(N)''; and
(2) in subsection (c)(1) by striking ``subsection (b)(1)''
and inserting ``subsection (b)''.
SEC. 3012. INNOVATIVE MOBILITY AND TECHNOLOGY DEPLOYMENT GRANTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5312 the following:
``Sec. 5313. Innovative mobility and technology deployment grants
``(a) Authority.--The Secretary shall establish an innovative
mobility and technology deployment grants program to award grants to
entities described in subsection (b) to assist in financing of public
transportation projects that--
``(1) allow for the integration of mobility services or
technologies in public transportation services, including
traveler information, trip planning information, new or
expanded reservation capabilities, integrated payment
solutions, fare automation, or delivery designs to improve
options in public transportation;
``(2) advance first-mile, last-mile, late night, or low
density services that connect riders to public transportation,
including--
``(A) microtransit;
``(B) commuter busing; or
``(C) commuter highway vehicles;
``(3) advance on demand complementary paratransit services;
``(4) provide accessibility and connectivity for rural
areas not being adequately served by public transportation, as
determined by the Secretary;
``(5) expand high-performing public transportation business
models that increase access to public transportation; or
``(6) provide any other transit service that the Secretary
determines appropriate to meet the purposes of this section.
``(b) Eligible Entities.--To be eligible for a grant under this
section, an entity shall be--
``(1) a State or local government; or
``(2) a publicly owned operator of public transportation.
``(c) Application.--To be eligible to receive a grant under this
section, an entity described in subsection (b) shall submit to the
Secretary an application in such form and contain such information as
the Secretary may require.
``(d) Rulemaking.--The Secretary shall--
``(1) issue such regulations as are necessary to carry out
this section, and publish such regulations in the Federal
Register, not later than 270 days after the date of enactment
of this section; and
``(2) in issuing such regulations, solicit and receive
comments from stakeholders not later than 180 days after the
date of enactment of this section.
``(e) Grant Requirements.--The Secretary may approve modified grant
requirements for projects carried out using a grant under this section.
``(f) Limitations.--
``(1) Period of grant.--A grant under this section shall be
for a 3-year period beginning on the date on which the first
payment of any amount under the grant is provided to an
eligible entity.
``(2) Rural grant minimum.--The Secretary shall award not
less than 20 percent of the total amounts made available to
carry out this section to support activities described under
subsection (a) in rural areas.
``(3) Government share of costs.--The Federal share of the
total project cost of a project carried out under this section
may not exceed 80 percent.
``(4) Allocation.--Of the amounts authorized to be
appropriated to carry out this section for each fiscal year,
not more than 20 percent may be awarded under subsection (a) to
a single entity.
``(g) Best Practices.--The Secretary shall annually collect from,
review, and disseminate to public transportation agencies findings or
best practices from projects funded under this section.
``(h) Definitions.--In this section:
``(1) Commuter highway vehicle.--The term `commuter highway
vehicle' has the meaning given such term in section
132(f)(5)(B) of the Internal Revenue Code of 1986.
``(2) High-performing public transportation.--The term
`high-performing public transportation' means a public
transportation service, whether provided by a public agency,
private nonprofit, or for-profit organization, that is able to
collect all operating costs through fare-box revenue or other
dedicated sources for an activity and increases access to
public transportation.
``(3) Micro-transit.--The term `micro-transit' means
internet-enabled, public transportation services that use
dynamically generated routes calculated by algorithms developed
to increase the occupancy of vehicles.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by inserting after section 5312 the
following:
``5313. Innovative mobility and technology deployment grants.''.
TITLE IV--HIGHWAY TRAFFIC SAFETY
SEC. 4001. FUNDING AND GRANT REQUIREMENTS.
The funds provided for programs under chapter 4 of title 23, United
States Code, and chapter 303 of title 49, United States Code, shall be
subject to the following requirements:
(1) Applicability of title 23.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and
chapter 303 of title 49, United States Code, amounts made
available under subsection (a) for fiscal years 2021 through
2025 shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United
States Code.
(2) Regulatory authority.--Grants awarded under this title
shall be carried out in accordance with regulations issued by
the Secretary of Transportation.
(3) State matching requirements.--If a grant awarded under
chapter 4 of title 23, United States Code, requires a State to
share in the cost, the aggregate of all expenditures for
highway safety activities made during a fiscal year by the
State and its political subdivisions (exclusive of Federal
funds) for carrying out the grant (other than planning and
administration) shall be available for the purpose of crediting
the State during such fiscal year for the non-Federal share of
the cost of any other project carried out under chapter 4 of
title 23, United States Code (other than planning or
administration), without regard to whether such expenditures
were made in connection with such project.
(4) Grant application and deadline.--To receive a grant
under chapter 4 of title 23, United States Code, a State shall
submit an application, and the Secretary shall establish a
single deadline for such applications to enable the award of
grants early in the next fiscal year.
(5) Prohibition on other uses.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and
chapter 303 of title 49, United States Code, the amounts made
available from the Highway Trust Fund (other than the Mass
Transit Account) for a program under such chapters--
(A) shall only be used to carry out such program;
and
(B) may not be used by States or local governments
for construction purposes.
SEC. 4002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
(a) In General.--Section 403 of title 23, United States Code, is
amended--
(1) in subsection (h) by striking paragraph (2) and
inserting the following:
``(2) Funding.--The Secretary shall obligate such sums as
are necessary in fiscal year 2021 through 2024 from the funds
made available to carry out this section to conduct the
research described in paragraph (1).''; and
(2) by adding at the end the following:
``(k) Drug-Impaired Driving Prevention Pilot Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish a
pilot program to create, and study the effects of, a public
awareness campaign to reduce instances of driving while under
the influence of prescription and over-the-counter medications.
``(2) Locations.--The Secretary shall implement the pilot
program in States that are, or a region that is, most affected
by the opioid epidemic, as measured by the most recent opioid-
involved overdose deaths per 10,000 persons, as reported by the
Centers for Disease Control and Prevention.
``(3) Sunset.--The authority of the Secretary under
paragraph (1) shall terminate on the date that is 2 years after
the date on which the pilot program is established pursuant to
paragraph (1).
``(4) Report.--Not later than 1 year after the date of
termination of the pilot program described in paragraph (3),
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study of the effects of
the public awareness and enforcement campaign.
``(l) Research and Training on Marijuana Detection.--
``(1) In general.--The Administrator of the National
Highway Traffic Safety Administration shall carry out a
collaborative research effort to study the effect that
marijuana has on driving and research ways to detect and reduce
incidences of driving under the influence of marijuana.
``(2) Reports.--The Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives an annual report that--
``(A) describes the progress made in carrying out
the collaborative research effort; and
``(B) includes an accounting for the use of Federal
funds obligated or expended in carrying out such
effort.''.
(b) Study of Illegal Passing of School Buses.--Section 403 of title
23, United States Code, is further amended by adding at the end the
following:
``(m) Study of Illegal Passing of School Buses.--
``(1) In general.--The Comptroller General of the United
States shall conduct a study on illegal passing of school
buses.
``(2) Study elements.--In completing the study under
paragraph (1), the Comptroller General shall compile and
examine the following issues related to illegal passing of
school buses:
``(A) Description of illegal passing laws in each
State relating to school buses.
``(B) Identification of laws that may affect or
intersect with illegal school bus passing laws.
``(C) Description of how each State enforces such
laws.
``(D) Evaluation of methods that each State uses to
review, document, and report to law enforcement school
bus stop-arm violations and illegal school bus passing.
``(E) Review of driver education materials.
``(F) Identification of best practices relating to
the most effective approaches to address illegal
passing of school buses.
``(3) Report.--Not later than 2 years after the date of
enactment of this subsection, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study under paragraph (1).
``(n) Public Safety Media Programs.--
``(1) Child heatstroke.--Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
establish and implement a public safety messaging program to
educate the public and reduce heatstroke-related deaths of
children in unattended vehicles.
``(2) Illegal passing of school buses.--Not later than 18
months after the date of enactment of this subsection, the
Secretary shall establish and implement a public safety
messaging program to educate the public and reduce the illegal
passing of school buses.''.
SEC. 4003. NATIONAL PRIORITY SAFETY PROGRAMS.
Section 405(a)(9)(A) of title 23, United States Code, is amended by
striking ``date of enactment of the FAST Act'' and inserting ``date of
enactment of the STARTER Act''.
SEC. 4004. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.
Not later than 60 days after the date on which the Secretary of
Transportation awards grants under section 405 of title 23, United
States Code, the Secretary shall make publicly available on a website
of the Department of Transportation--
(1) an identification of--
(A) the States that were awarded grants under such
section;
(B) the States that applied and were not awarded
grants under such section; and
(C) the States that did not apply for a grant under
such section; and
(2) a list of deficiencies that made a State ineligible for
a grant under such section for each State described in
paragraph (1)(B).
TITLE V--MOTOR CARRIER SAFETY
SEC. 5001. FUNDING AND GRANT REQUIREMENTS.
The funds provided for programs under chapter 311 of title 49,
United States Code, shall be subject to the following requirements:
(1) Applicability of title 23.--Except as otherwise
provided in chapter 311 of title 49, United States Code,
amounts made available under subsection (a) for fiscal years
2021 through 2025 shall be available for obligation in the same
manner as if such funds were apportioned under chapter 1 of
title 23, United States Code.
(2) Regulatory authority.--Grants awarded under this title
shall be carried out in accordance with regulations issued by
the Secretary of Transportation.
(3) State matching requirements.--If a grant awarded under
chapter 311 of title 49, United States Code, requires a State
to share in the cost, the aggregate of all expenditures for
highway safety activities made during a fiscal year by the
State and its political subdivisions (exclusive of Federal
funds) for carrying out the grant (other than planning and
administration) shall be available for the purpose of crediting
the State during such fiscal year for the non-Federal share of
the cost of any other project carried out under chapter 311 of
title 49, United States Code (other than planning or
administration), without regard to whether such expenditures
were made in connection with such project.
(4) Grant application and deadline.--To receive a grant
under chapter 311 of title 49, United States Code, a State
shall submit an application, and the Secretary shall establish
a single deadline for such applications to enable the award of
grants early in the next fiscal year.
(5) Prohibition on other uses.--Except as otherwise
provided in chapter 311 of title 49, United States Code, the
amounts made available from the Highway Trust Fund (other than
the Mass Transit Account) for a program under such chapters--
(A) shall only be used to carry out such program;
and
(B) may not be used by States or local governments
for construction purposes.
SEC. 5002. COMPLIANCE, SAFETY, AND ACCOUNTABILITY REFORM.
(a) Motor Carrier Safety Grants.--
(1) In general.--
(A) Selection standard.--For any applicable legal
requirement with respect to a covered entity
contracting with a covered motor carrier for the
shipment of goods or household goods, the covered
entity shall be considered reasonable and prudent in
the selection of such motor carrier if the covered
entity verifies, not later than the date of shipment
and not earlier than 45 days before the date of
shipment, that the covered motor carrier--
(i) is registered under section 13902 of
title 49, United States Code, as a motor
carrier or household goods motor carrier;
(ii) has at least the minimum insurance
coverage required by Federal and State law; and
(iii) is not determined unfit to operate
safely commercial motor vehicles under section
31144 of title 49, United States Code, or
otherwise ordered to discontinue operations by
the Federal Motor Carrier Safety Administration
(including not renewing a Department of
Transportation registration number) or a State.
(B) Sunset.--The standard established under
paragraph (1) shall sunset on the effective date of a
regulation issued pursuant to subsection (c).
(2) Revocation of registration.--Section 31144(a) of title
49, United States Code, is amended--
(A) in paragraph (3) by striking ``and'';
(B) in paragraph (4) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) prescribe by regulation a process for revoking the
registration of an owner or operator determined unfit to
operate safely a commercial motor vehicle under this
section.''.
(3) Rulemaking.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary of
Transportation shall--
(i) update and revise the regulations
issued pursuant to subsection (b) of section
31144 of title 49, United States Code, to
include the requirements of subsection (a); and
(ii) issue such regulations as are
necessary to carry out section 31144(a)(5) of
title 49, United States Code, as added by this
Act.
(B) Factors for an unsatisfactory rating.--The
regulations updated under paragraph (1)(A) shall
provide a procedure for the Secretary to determine if a
motor carrier is not fit to operate a commercial motor
vehicle in or affecting interstate commerce in
accordance with section 31144 of title 49, United
States Code.
(4) Savings clause.--Nothing in this section shall be
construed to preempt or supersede any State law or regulation
relating to drayage.
(5) Definitions.--In this section:
(A) Covered entity.--The term ``covered entity''
means a person acting as--
(i) a shipper or cosignee of goods, except
that such term does not mean a person acting as
an individual shipper (as such term is defined
in section 13103 of title 49, United States
Code);
(ii) a broker, a freight forwarder, or a
household goods freight forwarder (as such
terms are defined in section 13102 of title 49,
United States Code);
(iii) an ocean transportation intermediary
(as such term is defined in section 40102 of
title 46, United States Code), when arranging
for inland transportation as part of an
international through movement involving ocean
transportation between the United States and a
foreign port;
(iv) an indirect air carrier holding a
Standard Security Program approved by the
Transportation Security Administration only to
the extent that the indirect air carrier is
engaging in the activities as an air carrier
defined in paragraph (2) or (3) of section
40102 of title 49, United States Code;
(v) a customs broker licensed in accordance
with section 111.2 of title 19, Code of Federal
Regulations, only to the extent that the
customs broker is engaging in a movement under
a customs bond or in a transaction involving
customs business, as defined by section 111.1
of title 19, Code of Federal Regulations; or
(vi) a motor carrier registered under
chapter 139 of title 49, United States Code.
(B) Covered motor carrier.--The term ``covered
motor carrier'' means a motor carrier or a household
goods motor carrier (as such terms are defined in
section 13102 of title 49, United States Code) that is
subject to Federal motor carrier financial
responsibility and safety regulations.
(C) Household goods.--The term ``household goods''
has the meaning given such term in section 13102 of
title 49, United States Code.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(b) Remote Audit.--Section 31144 of title 49, United States Code,
is amended by adding at the end the following:
``(j) Remote Audits.--
``(1) In general.--The Secretary shall establish a pilot
program to conduct remote compliance reviews under subpart A of
part 385 of title 49, Code of Federal Regulations, to assign a
safety rating for commercial motor carriers.
``(2) Contents.--In conducting the pilot program, the
Secretary shall--
``(A) use the same standards that would otherwise
be applicable to commercial motor carriers;
``(B) apply the procedures of part 385 of title 49,
Code of Federal Regulations, including the safety
fitness rating methodology under appendix B, prior to
assigning a safety rating under such pilot program;
``(C) assign safety ratings regardless of whether
an on-site review of activities has taken place; and
``(D) leverage all available technology to access
information and records.
``(3) Eligible participants.--
``(A) In general.--Motor carriers that are eligible
to participate in the pilot program under this
subsection shall--
``(i) voluntarily agree to participate in
such pilot program; and
``(ii) be able to opt out of participation
at any time.
``(B) Prohibition on participation.--Motor carriers
that transport hazardous materials or passengers shall
be prohibited from participating in the pilot program
under this section.
``(4) Authorized agents.--Remote compliance reviews
conducted under the pilot program under this section may be
conducted by--
``(A) Federal Motor Carrier Safety Administration
personnel;
``(B) State commercial motor vehicle authorities
that meet acceptable standards set forth by the
Secretary; or
``(C) private contractors that meet acceptable
standards set forth by the Secretary.
``(5) Availability of safety ratings.--Safety ratings
determined under the pilot program under this subsection may
not be released publicly by the Secretary or by any authorized
agent described in paragraph (4) that is participating in the
pilot program under this subsection.''.
SEC. 5003. ENTRY-LEVEL DRIVER TRAINING REGULATIONS.
(a) In General.--Not later than February 7, 2022, the Secretary of
Transportation shall implement the minimum training requirements for
entry-level commercial motor vehicle operators published in the final
rule issued by the Federal Motor Carrier Safety Administration on
December 8, 2016, titled ``Minimum Training Requirements for Entry-
Level Commercial Motor Vehicle Operators'' (81 Fed. Reg. 88732).
(b) Training Provider Registry Deployment.--Not later than October
1, 2021, the Federal Motor Carrier Safety Administration shall deploy
the training provider registry referenced in the final regulation
issued by the Administration on December 8, 2016, titled ``Minimum
Training Requirements for Entry-Level Commercial Motor Vehicle
Operators'' (81 Fed. Reg. 88732) to allow training providers to sign up
prior to the implementation date described in subsection (a).
(c) Report to Congress.--Not later than February 7, 2021, and every
90 days thereafter until the implementation of the requirements
described in subsection (a), the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing--
(1) the status of the training provider registry described
in subsection (b); and
(2) the Federal and State efforts to implement the final
rule described in subsection (a).
(d) Report on Noncompliance.--Not later than 45 days after the date
on which compliance with the final rule described in subsection (a) is
required under subsection (a), the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing a list of all States
in substantial noncompliance with such final rule.
SEC. 5004. TRUCKING INDUSTRY WORKFORCE DEVELOPMENT.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an employee
under the age of 21 who holds a commercial driver's license
required to operate a class of vehicles described in part 383
of title 49, Code of Federal Regulations.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' means a commercial motor vehicle that meets the
definition under paragraph (1) or (4) of the definition of the
term ``commercial motor vehicle'' in section 390.5 of title 49,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(4) Driving time.--The term ``driving time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(5) Employee.--The term ``employee'' has the meaning given
such term in section 31132 of title 49, United States Code.
(6) Employer.--The term ``employer'' has the meaning given
such term in section 31132 of title 49, United States Code.
(7) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not less than 21 years of age;
(B) has held a commercial driver's license for the
2-year period ending on the date on which the
individual serves as an experienced driver under
subsection (c)(3)(B);
(C) has had no preventable accidents reportable to
the Department of Transportation or pointed moving
violations during the 1-year period ending on the date
on which the individual serves as an experienced driver
under subsection (c)(3)(B); and
(D) has a minimum of 2 years of experience driving
a commercial motor vehicle in interstate commerce.
(8) On-duty time.--The term ``on-duty time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(9) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being
added to the license of a driver, or a similar comparable
violation, as determined by the Secretary.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Apprentice.--An apprentice may--
(1) drive a commercial motor vehicle in interstate commerce
while taking part in the 120-hour probationary period under
subsection (c)(1) or the 280-hour probationary period under
subsection (c)(2), pursuant to an apprenticeship program
established by an employer in accordance with this section; and
(2) drive a commercial motor vehicle in interstate commerce
after the apprentice completes an apprenticeship program
described in paragraph (1).
(c) Apprenticeship Program.--An apprenticeship program referred to
in subsection (b) is a program that consists of the following
requirements:
(1) 120-hour probationary period.--
(A) In general.--The apprentice shall complete 120
hours of on-duty time, of which not less than 80 hours
are driving time in a commercial motor vehicle.
(B) Performance benchmarks.--In order to complete
the 120-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Interstate, city traffic, rural 2-lane,
and evening driving.
(ii) Safety awareness.
(iii) Speed and space management.
(iv) Lane control.
(v) Mirror scanning.
(vi) Right and left turns.
(vii) Logging and complying with rules
relating to hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completing the 120-hour
probationary period under paragraph (1), the apprentice
shall complete 280 hours of on-duty time, of which not
less than 160 hours are driving time in a commercial
motor vehicle.
(B) Performance benchmarks.--In order to complete
the 280-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Backing and maneuvering in close
quarters.
(ii) Pre-trip inspections.
(iii) Fueling procedures.
(iv) Weighing loads, weight distribution,
and sliding tandems.
(v) Coupling and uncoupling procedures.
(vi) Trip planning, truck routes, map
reading, navigation, and permits.
(3) Restrictions for 120-hour and 280-hour probationary
periods.--During the 120-hour probationary period under
paragraph (1) and the 280-hour probationary period under
paragraph (2)--
(A) the apprentice may only drive a commercial
motor vehicle that has--
(i) automatic manual or automatic
transmissions;
(ii) active braking collision mitigation
systems;
(iii) forward-facing video event capture;
and
(iv) governed speeds of 65 miles per hour
at the pedal and 65 miles per hour under
adaptive cruise control; and
(B) the apprentice shall be accompanied in the cab
of the commercial motor vehicle by an experienced
driver.
(4) Records retention.--The employer shall maintain
records, in a manner required by the Secretary, relating to the
satisfaction of the requirements of paragraphs (1)(B) and
(2)(B) by the apprentice.
(5) Reportable incidents.--If the apprentice is involved in
a preventable accident reportable to the Department of
Transportation or a pointed moving violation while driving a
commercial motor vehicle as part of an apprenticeship program
described in this subsection, the apprentice shall undergo
remediation and additional training until the apprentice can
demonstrate, to the satisfaction of the employer, competence in
each of the performance benchmarks described in paragraphs
(1)(B) and (2)(B).
(6) Completion of program.--The apprentice shall be
considered to have completed the apprenticeship program on the
date on which the apprentice completes the 280-hour
probationary period under paragraph (2).
(7) Minimum requirements.--
(A) In general.--Nothing in this Act prevents an
employer from imposing additional requirements on an
apprentice taking part in an apprenticeship program
established pursuant to this section.
(B) Technologies.--Nothing in this Act prevents an
employer from requiring or installing additional
technologies in a commercial motor vehicle in addition
to the technologies described in paragraph (3)(A).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to implement
this Act.
(e) No Effect on License Requirement.--Nothing in this Act exempts
an apprentice from any requirement to hold a commercial driver's
license in order to operate a commercial motor vehicle.
(f) Employer Responsibility.--An employer shall not knowingly
allow, require, permit, or authorize a driver under the age of 21 to
operate a commercial motor vehicle in interstate commerce unless the
driver is participating in or has completed an apprenticeship program
that meets the requirements of subsection (c).
SEC. 5005. HOURS OF SERVICE REQUIREMENTS FOR AGRICULTURAL OPERATIONS.
Section 229 of the Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31136 note) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``during planting and harvest periods, as
determined by each State,''; and
(B) by amending subparagraph (A) to read as
follows:
``(A) drivers transporting agricultural commodities
within a 150 air-mile radius from--
``(i) the source of the agricultural
commodities; or
``(ii) the destination of the agricultural
commodities;''; and
(2) in subsection (e)(8)--
(A) by striking ``during the planting and
harvesting seasons within each State, as determined by
the State,''; and
(B) by striking ``at any time of the year''.
TITLE VI--INNOVATION
SEC. 6001. ADVANCED TRANSPORTATION TECHNOLOGIES PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 520. Advanced transportation technologies program
``(a) In General.--The Secretary of Transportation shall establish
a program to provide grants to eligible entities to deploy, install,
and operate advanced transportation technologies to improve safety,
efficiency, system performance, mobility, intermodal connectivity, and
infrastructure return on investment.
``(b) Criteria.--In carrying out the program under subsection (a),
the Secretary shall develop criteria for selection of an eligible
entity to receive a grant, including how the proposed deployment of
technology--
``(1) reduces costs and improves return on investments,
including through the optimization of existing transportation
capacity;
``(2) delivers environmental benefits by alleviating
congestion and streamlining traffic flow;
``(3) measures and improves the operational performance of
the applicable transportation network;
``(4) reduces the number and severity of traffic accidents
and increases driver, passenger, and pedestrian safety;
``(5) collects, disseminates, and uses information on real-
time traffic, work zone, weather, transit, paratransit,
parking, and other transportation-related information to
improve mobility, reduce congestion, and provide for more
efficient, accessible, and integrated transportation and
transportation services;
``(6) monitors transportation assets to improve
infrastructure management, reduce maintenance costs, prioritize
investment decisions, and ensure a state of good repair;
``(7) delivers economic benefits by reducing delays,
improving system performance, and providing for the efficient
and reliable movement of goods and services; or
``(8) accelerates the deployment of vehicle-to-vehicle,
vehicle-to-infrastructure, autonomous vehicles, and other
technologies.
``(c) Applications.--An application submitted for a project to be
carried out by a grant under this program shall include the following:
``(1) A plan to deploy and provide for the long-term
operation and maintenance of advanced transportation
technologies to improve safety, efficiency, system performance,
and return on investment.
``(2) Objectives for quantifiable system performance
improvements, such as--
``(A) reducing traffic-related accidents,
congestion, and costs;
``(B) optimizing system efficiency; and
``(C) improving access to transportation services.
``(3) Quantifiable safety, mobility, and environmental
benefit projections such as data-driven estimates of how the
project proposes to improve the applicable transportation
system efficiency and how such project proposes to reduce
traffic congestion.
``(4) A plan for any partnerships with private sector
entities or public agencies, including multimodal and
multijurisdictional entities, research institutions,
organizations representing transportation and technology
leaders, or other transportation stakeholders.
``(5) A plan to leverage and optimize existing local and
regional advanced transportation technology investments.
``(d) Grant Selection.--
``(1) Grant awards.--Each fiscal year for which funding is
made available under this section, the Secretary shall award
grants to not less than 5 and not more than 10 eligible
entities.
``(2) Geographic diversity.--
``(A) In general.--Subject to subparagraph (B), in
awarding a grant under this section, the Secretary
shall ensure, to the extent practicable, that grant
recipients represent diverse geographic areas of the
United States, including urban areas and rural areas.
``(B) Rural set-aside.--Not less than 20 percent of
the amounts made available to carry out this section
shall be reserved for projects serving rural areas, to
the extent there are sufficient eligible applications.
``(3) Technology diversity.--In awarding a grant under this
section, the Secretary shall ensure, to the extent practicable,
that grant recipients represent a variety of technology
solutions.
``(e) Use of Grant Funds.--A grant recipient may use funds awarded
under this section to deploy advanced transportation technologies,
including--
``(1) advanced traveler information systems;
``(2) advanced transportation management technologies;
``(3) advanced transportation technologies to improve
emergency evacuation and response by Federal, State, and local
authorities;
``(4) infrastructure maintenance, monitoring, and condition
assessment;
``(5) advanced public transportation systems;
``(6) transportation system performance data collection,
analysis, and dissemination systems;
``(7) advanced safety systems, including vehicle-to-
vehicle, vehicle-to-pedestrian, and vehicle-to-infrastructure
communications, technologies associated with autonomous
vehicles, and other collision avoidance technologies, including
systems using cellular technology;
``(8) integration of intelligent transportation systems
with the Smart Grid and other energy distribution and charging
systems;
``(9) integrated corridor management systems;
``(10) advanced parking reservation or variable pricing
systems;
``(11) electronic pricing, toll collection, and payment
systems;
``(12) technology that enhances high occupancy vehicle toll
lanes, cordon pricing, or congestion pricing;
``(13) advanced mobility and access technologies, such as
dynamic ridesharing and information systems to support human
services for elderly and disabled individuals;
``(14) technology that collects and maintains automated
driving system safety data and data analysis tools;
``(15) cybersecurity protection measures and activities to
protect against cybersecurity threats; or
``(16) advanced vulnerable road user safety information
systems.
``(f) Report to Secretary.--
``(1) In general.--The Secretary shall ensure that a
recipient of a grant under this section submits, not later than
1 year after the recipient receives a grant and annually
thereafter, a report to the Secretary that describes--
``(A) deployment and operational costs of the
project compared to the benefits and savings the
project provides; and
``(B) how the project has met the original
expectations projected in the deployment plan submitted
with the application, such as--
``(i) data on how the project has helped
reduce traffic accidents, congestion, costs,
and other benefits of the deployed systems;
``(ii) data on the effect of measuring and
improving transportation system performance
through the deployment of advanced
transportation technologies;
``(iii) the effectiveness of providing
real-time integrated traffic, transit, and
multimodal transportation information to the
public to make informed travel decisions; and
``(iv) lessons learned and recommendations
for future deployment strategies to optimize
transportation mobility, efficiency, and
multimodal system performance.
``(2) Report consistency.--
``(A) Administration.--The Secretary shall provide
grant recipients with methods and techniques to support
consistent data collection across grant recipients and
may update such methods and techniques as appropriate.
``(B) Update.--The Secretary shall provide grant
recipients notice of an update described in
subparagraph (A) not less than 90 days before carrying
out such update.
``(g) Report.--Not later than 2 years after the date of enactment
of this section, and once every 2 years thereafter, the Secretary shall
make available to the public on the website of the Department of
Transportation an updated report that describes the effectiveness of
grant recipients in meeting projected deployment plans including data
described in subsection (f) on how the program has--
``(1) reduced traffic-related fatalities and injuries;
``(2) reduced traffic congestion and improved travel time
reliability;
``(3) reduced transportation-related emissions;
``(4) optimized multimodal system performance;
``(5) improved access to transportation alternatives;
``(6) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation
information to make informed travel decisions;
``(7) provided cost savings to transportation agencies,
businesses, and the traveling public; or
``(8) provided other benefits to transportation users and
the general public.
``(h) Penalty.--The Secretary may terminate a grant provided under
this section and deobligate funds provided by such grant if--
``(1) the Secretary determines from a report submitted
pursuant to subsection (f) that a recipient of such grant is
not carrying out the requirements of the grant; and
``(2) the Secretary provides written notice to the
Committees on Transportation and Infrastructure and Science,
Space, and Technology of the House of Representatives and the
Committees on Environment and Public Works and Commerce,
Science, and Transportation of the Senate 60 days prior to
deobligating funds under this subsection.
``(i) Funding.--Of the amounts provided to carry out this section,
the Secretary may set aside $2,000,000 each fiscal year for program
reporting, evaluation, and administrative costs related to this
section.
``(j) Federal Share.--The Federal share of the cost of a project
for which a grant is awarded under this subsection shall not exceed 50
percent of the cost of the project.
``(k) Grant Limitation.--The Secretary may not award more than 15
percent of the amount described under subsection (i).
``(l) Expenses for Grant Recipients.--A grant recipient under this
section may use not more than 5 percent of the funds awarded each
fiscal year to carry out planning and reporting requirements.
``(m) Grant Flexibility.--
``(1) In general.--If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant
applications that meet the requirements described in subsection
(c) to carry out this section for a fiscal year, the Secretary
shall transfer to the programs specified in paragraph (2)--
``(A) any of the funds reserved for the fiscal year
under subsection (i) that the Secretary has not yet
awarded under this section; and
``(B) an amount of obligation limitation equal to
the amount of funds that the Secretary transfers under
subparagraph (A).
``(2) Programs.--The programs referred to in paragraph (1)
are--
``(A) the programs under sections 503(b) and
503(c); and
``(B) the programs under sections 512 through 518.
``(3) Distribution.--Any transfer of funds and obligation
limitation under paragraph (1) shall be divided among the
programs referred to in that paragraph in the same proportions
as the Secretary originally reserved funding from the programs
for the fiscal year under subsection (i).
``(n) Definitions.--In this section, the following definitions
apply:
``(1) Advanced transportation technologies.--The term
`advanced transportation technologies' means technologies that
improve the efficiency, safety, or state of good repair of
surface transportation systems, including intelligent
transportation systems.
``(2) Eligible entity.--The term `eligible entity' means a
State or local government, a transit agency, metropolitan
planning organization, or a political subdivision of a State or
local government or a multijurisdictional group or a consortium
of research institutions or academic institutions.
``(3) Multijurisdictional group.--The term
`multijurisdictional group' means any combination of State
governments, local governments, metropolitan planning
organizations, transit agencies, or other political
subdivisions of a State for which each member of the group--
``(A) has signed a written agreement to implement a
project carried out under this section across
jurisdictional boundaries; and
``(B) is an eligible entity under this section.
``(4) Smart grid.--The term `Smart Grid' means a system
that provides for any of the smart grid functions set forth in
section 1306(d) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17386(d)).''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following new
item:
``520. Advanced transportation technologies program.''.
(c) Conforming Amendment.--Chapter 5 of title 23, United States
Code, is amended by striking section 503(c)(4).
SEC. 6002. CONNECTED VEHICLE DEPLOYMENT PILOT PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 521. Connected vehicle deployment pilot program
``(a) Establishment.--
``(1) In general.--The Secretary of Transportation shall
establish a connected vehicle deployment pilot program to make
grants, on a competitive basis, to spur operational deployments
to meet the transportation needs of eligible entities through
the use of the best available and emerging intelligent
transportation systems.
``(2) Goals.--The goals of the program shall be to--
``(A) spur connected vehicle technology deployment
through wirelessly connected vehicles that interact
with a connected environment, including mobile devices,
infrastructure, and other elements;
``(B) realize safety, mobility, and environmental
impacts through operational deployments;
``(C) capture and use new forms of connected
vehicle and mobile device data to support improved
surface transportation system performance and enhanced
performance-based management;
``(D) encourage partnerships of multiple
stakeholders (including private companies, State and
local agencies, transit agencies, commercial vehicle
operators, freight shippers, and transportation network
companies);
``(E) deploy applications using data captured from
multiple sources (including vehicles, mobile devices,
and infrastructure) across all elements of the surface
transportation system (including transit, highway,
arterial highways, parking facilities, and toll
highways); and
``(F) support deployment sites that create
foundations for future expanded and enhanced
deployments.
``(b) Grant Amount.--Each grant made under this section shall be in
an amount that is at least $10,000,000.
``(c) Eligible Entities.--The Secretary may make a grant under this
section to any of the following entities:
``(1) A State or a group of States.
``(2) A transit agency.
``(3) A metropolitan planning organization that serves an
urbanized area with a population of more than 200,000
individuals.
``(4) A unit of local government or a group of local
governments.
``(5) A political subdivision of a State or local
government.
``(6) A special purpose district or public authority with a
transportation function, including a port authority.
``(7) A multijurisdictional group (as defined under section
520) or a consortium of research institutions or academic
institutions.
``(d) Eligible Projects.--A grant recipient may use funds awarded
under this section for a project that deploys connected vehicle
applications and technologies, including--
``(1) advanced safety systems, including vehicle-to-vehicle
and vehicle-to-infrastructure communications, technologies
associated with autonomous vehicles, and other collision
avoidance technologies, including systems using cellular
technology;
``(2) integration of intelligent transportation systems
with the Smart Grid and other energy distribution and charging
systems;
``(3) electronic pricing and payment systems;
``(4) advanced mobility and access technologies, such as
dynamic ridesharing and information systems to support human
services for elderly and disabled individuals; and
``(5) any deployment concept eligible, before the date of
enactment of this section, under the connected vehicle pilot
deployment program carried out by the Department of
Transportation.
``(e) Use of Funds.--Grant amounts received for a project under
this section may be used for--
``(1) activities in the development phase, including
planning, feasibility analysis, revenue forecasting,
environmental review process (as defined under section 139),
preliminary engineering and design work, and other
preconstruction activities;
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvement directly related to
improving system performance;
``(3) providing incentives to attract driver participation;
and
``(4) purchasing and installing any connected vehicle
equipment (including vehicle applications, roadside units, and
back-office equipment).
``(f) Applications.--
``(1) In general.--To be eligible for a grant under this
section, an entity described under subsection (c) shall submit
to the Secretary an application in such form, at such time, and
containing such information as the Secretary determines is
appropriate, including--
``(A) a plan to deploy and provide for the long-
term operation and maintenance of connected vehicle
technologies to improve safety, efficiency, and system
performance;
``(B) objectives to improve and measure system
performance in 1 or more of--
``(i) system productivity;
``(ii) mobility, including impact on
freight movements;
``(iii) livability and accessibility of
goods, services, and activities;
``(iv) environment and fuel use; and
``(v) traveler and system safety, including
advising individuals of potentially unsafe
conditions and mitigating the impact of events
that may cause vehicle accidents; and
``(C) a plan for partnering with private sector
entities or public agencies, including multimodal and
multijurisdictional entities, research institutions,
organizations representing transportation and
technology leaders, or other transportation
stakeholders.
``(2) Criteria.--When evaluating applications under this
section, the Secretary may not require that a pilot deployment
under the program be based on research carried out or funded by
the Department of Transportation.
``(g) Grant Selection.--
``(1) Grant awards.--Not later than 1 year after the date
of enactment of this section, and each fiscal year thereafter,
the Secretary shall award grants to not less than 3 and not
more than 5 eligible entities described in subsection (c).
``(2) Geographic diversity.--In awarding a grant under this
section, the Secretary shall ensure, to the extent practicable,
that grant recipients represent diverse geographic areas of the
United States, including urban areas and rural areas.
``(h) Grant Management.--In carrying out the grant program under
this section, the Secretary shall--
``(1) emphasize project sustainability and long-term
funding goals;
``(2) create a noncompetitive environment and encourage
collaboration among project sites;
``(3) balance the privacy of users and secure operations of
pilot projects, while maintaining the ability to measure
performance factors; and
``(4) be wary of technological maturity of connected
vehicle applications and impact of long-term viability of non-
deployment ready applications.
``(i) Smart Grid Defined.--In this section, the term `Smart Grid'
means a system that provides for any of the smart grid functions set
forth in section 1306(d) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17386(d)).''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following new
item:
``521. Connected vehicle deployment pilot program.''.
SEC. 6003. AUTOMATED DRIVING SYSTEM DEMONSTRATION PROGRAM.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 522. Automated driving system demonstration program
``(a) Establishment.--
``(1) In general.--The Secretary of Transportation shall
establish an automated driving system demonstration program to
make grants, on a competitive basis, to eligible entities to--
``(A) test the safe integration of automated
driving system technologies into the on-road
transportation system of the United States and
demonstrate how challenges to the safe integration of
such technologies can be addressed;
``(B) ensure significant data gathering and sharing
of project data to identify--
``(i) a baseline of safety metrics needed
to characterize the safety risk of integrating
automated driving system technologies into the
transportation system;
``(ii) a baseline for the safety of
automated driving system technology
integration; and
``(iii) a baseline of roadway
characteristics needed for the safe and
efficient operation of automated driving system
technologies; and
``(C) encourage collaboration and partnerships of
multiple stakeholders to carry out subparagraphs (A)
and (B).
``(b) Eligible Entities.--The Secretary may make a grant under this
section to the following:
``(1) A State or a group of States.
``(2) A transit agency.
``(3) A metropolitan planning organization that serves an
urbanized area with a population of more than 200,000
individuals.
``(4) A unit of local government or a group of local
governments.
``(5) A political subdivision of a State or local
government.
``(6) A special purpose district or public authority with a
transportation function, including a port authority.
``(7) A public academic institution, public research
institution, a multijurisdictional group (as such term is
defined in section 520), or a consortium of research
institutions or academic institutions.
``(c) Applications.--To be eligible for a grant under this section,
an entity described under subsection (b) shall submit to the Secretary
an application in such form, at such time, and containing such
information as the Secretary determines is appropriate.
``(d) Eligible Uses.--
``(1) In general.--A grant recipient may use funds awarded
under this section to demonstrate automated driving system
technologies, including--
``(A) advanced safety systems, including vehicle-
to-vehicle and vehicle-to-infrastructure
communications, technologies associated with autonomous
vehicles, and other collision avoidance technologies,
including systems using cellular technology;
``(B) innovative mobility solutions that involve
deployment of automated vehicles;
``(C) automated driving systems that enhance safety
and mobility for elderly and disabled individuals;
``(D) demonstration of shared interoperable fleet
of automated vehicles;
``(E) demonstration and validation of exchanges of
data that can support the safe, efficient, and secure
interoperable integration of automated driving systems;
``(F) any technology associated with automated
driving systems; and
``(G) any deployment concept eligible under the
automated driving system demonstration grant program
carried out by the Department of Transportation before
the date of enactment of this section.
``(2) Additional uses.--A grant recipient may use funds
awarded under this section for infrastructure needs, including
capital expenses and maintenance activities, necessary to the
proper and safe operation of the automated driving system
technology.
``(e) Grant Selection.--
``(1) Grant awards.--The Secretary may award grants to not
less than 8 and not more than 10 eligible entities described
under subsection (b) in a fiscal year.
``(2) Geographic diversity.--
``(A) In general.--In awarding a grant under this
section, the Secretary shall ensure, to the maximum
extent practicable, that grant recipients represent
diverse geographic areas of the United States,
including urban areas and rural areas.
``(B) Rural set-aside.--Not less than 20 percent of
the amounts made available to carry out this section
shall be reserved for projects serving rural areas, to
the extent there are sufficient eligible applications
for such projects.
``(f) Demonstration Requirements.--The Secretary shall ensure that
any project carried out with funds provided under this section shall--
``(1) carry out research and development of automated
driving system technologies of Level 3 or greater, as such term
is defined pursuant to subsection (h);
``(2) include physical and fully operational
demonstrations;
``(3) include gathering and sharing of all relevant data
with the Department of Transportation and the relevant State
transportation agencies; and
``(4) address scalability to be applicable across the
United States to similar road environments.
``(g) Report.--Not later than 1 year after the date on which a
grant recipient receives a grant under this section, and annually
thereafter until such grant is expended, the recipient shall submit to
the Secretary and to the transportation agency of the State in which
the project takes place, a report that describes--
``(1) lessons learned and how the demonstration has met
project objectives;
``(2) a summary of any complications experienced with the
project, including complications related to pedestrians,
infrastructure, and other vehicles;
``(3) how to use the results of the project to help the
public interact and better understand the operations of
automated driving system technologies; and
``(4) recommendations for improving roadway characteristics
needed for the safe and efficient operation of automated
driving system technologies within the State or jurisdiction in
which the project took place.
``(h) Guidance Required.--Not later than 120 days after the date of
enactment of this section, the Secretary shall issue guidance defining
the term Level 3 or greater by considering industry best practices and
standards, including the definition found within `Taxonomy and
Definitions for Terms Related to Driving Automation Systems for On-Road
Motor Vehicles' published by SAE International on June 15, 2018
(J3016_201806), or subsequent versions.
``(i) Automated Driving System Technologies Defined.--In this
section, the term `automated driving system technologies' means the
hardware and software that are collectively capable of performing the
entire dynamic driving task on a sustained basis, regardless of whether
such capability is limited to a specific operational design domain.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following new
item:
``522. Automated driving system demonstration program.''.
(c) Preparing Roadways for Automated Vehicles.--Section 133(b) of
title 23, United States Code, is amended by adding at the end the
following:
``(16) Capital and maintenance expenses for infrastructure
improvements to ensure the proper and safe operation of
automated driving system technologies for which a demonstration
project was carried out under section 522.''.
SEC. 6004. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF ADVANCED
DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS.
(a) In General.--Section 503(c) of title 23, United States Code, is
amended by adding at the end the following:
``(4) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--Not later than 6 months after
the date of enactment of this paragraph, the Secretary
of Transportation shall establish and implement an
advanced digital construction management system program
under the technology and innovation deployment program
established under paragraph (1) and implemented
pursuant to paragraph (2) to--
``(i) deploy advanced digital construction
management systems that enable the use of
digital technologies on construction sites by
contractors and leverage the use of such
technologies, including state-of-the-art
automated and connected machinery and optimized
routing software that allows individuals to
perform tasks faster, safer, more accurately,
and with minimal supervision;
``(ii) accelerate State adoption of
advanced digital construction management
systems applied throughout the design,
engineering, construction, and operations
phases of a construction project that--
``(I) maximize interoperability
with other systems, products, tools, or
applications;
``(II) increase productivity;
``(III) manage complexity of a
construction project;
``(IV) reduce project delays and
cost overruns; and
``(V) enhance safety of individuals
involved and quality of a construction
project;
``(iii) share information among
stakeholders through reduced reliance on paper
to manage construction processes and
deliverables, including blueprints, design
drawings, procurement and supply-chain orders,
equipment logs, daily progress reports, and
punch lists;
``(iv) develop and deploy best practices
for use in advanced digital construction
management systems;
``(v) increase the adoption and deployment
of technology by States and units of local
government that enables entities carrying out
construction projects to--
``(I) integrate the adoption of
advanced digital construction
management systems and technologies in
contracts; and
``(II) weigh the cost of
digitization and technology in setting
project budgets;
``(vi) implement technology training and
workforce development to build the capabilities
of entities carrying out construction projects
that enables States and units of local
government to--
``(I) better manage projects using
advanced digital construction
management technologies; and
``(II) properly measure and reward
technology adoption across construction
projects carried out by the State or
unit of local government;
``(vii) develop guidance to assist States
in updating regulations of such States to allow
entities carrying out construction projects
to--
``(I) report data relating to the
project in digital formats; and
``(II) fully capture the
efficiencies and benefits of advanced
digital construction management systems
and related technologies;
``(viii) reduce the environmental footprint
of construction projects by using advanced
digital construction management systems to
eliminate traffic congestion through more
efficient projects; and
``(ix) enhance worker and roadway user
safety.
``(B) Funding.--The Secretary shall obligate for
each of fiscal years 2021 through 2025 from funds made
available to carry out this subsection such funds as
may be necessary to carry out this paragraph.
``(C) Publication.--
``(i) In general.--At least once every 2
years, the Secretary shall issue and make
available to the public on the website of the
Department of Transportation a report on--
``(I) progress made in the
implementation of advanced digital
construction management systems by
States; and
``(II) the costs and benefits of
the deployment of technology and
innovations resulting from the program
established under this paragraph.
``(ii) Inclusions.--The report required
under clause (i) may include an analysis of--
``(I) Federal, State, and local
cost savings;
``(II) project delivery time
improvements;
``(III) traffic congestion impacts;
and
``(IV) safety improvements for
roadway users and construction workers.
``(D) Advanced digital construction management
systems defined.--In this paragraph, the term `advanced
digital construction management systems' means
commercially proven digital technologies and processes
for the management of construction and engineering
activities, including--
``(i) systems for infrastructure planning,
coordination, construction, maintenance,
modernization and management; and
``(ii) asset management systems for
machines, site equipment, and personnel.''.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) a description of--
(A) the status of the program carried out under
section 503(c)(4) of title 23, United States Code, and
any other use of advanced digital construction
management systems in each State; and
(B) the progress of each State toward accelerating
the adoption of advanced digital construction
management systems; and
(2) an analysis of the savings in project delivery time and
project costs that can be achieved through the use of advanced
digital construction management systems.
SEC. 6005. INNOVATIVE PROJECT DELIVERY METHODS.
Section 120(c)(3) of title 23, United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (v) by striking ``or'' at the end;
(B) in clause (vi) by striking the period and
inserting ``; or''; and
(C) by inserting at the end the following:
``(vii) advanced digital construction
management systems as defined in section
503(c)(4).''; and
(2) in subparagraph (C)(i) by striking ``10 percent'' and
inserting ``25 percent''.
SEC. 6006. SURFACE TRANSPORTATION SYSTEM FUNDING ALTERNATIVES.
Section 6020 of the FAST Act (Public Law 114-94) is amended--
(1) in subsection (a)--
(A) by striking ``States'' and inserting
``applicants''; and
(B) by inserting ``to motor fuel and diesel taxes''
after ``alternative revenue mechanisms'';
(2) by striking subsection (b) and inserting the following:
``(b) Application.--
``(1) In general.--To be eligible for a grant under this
section, an applicant that is a State or group of States shall
submit to the Secretary an application in such form and
containing such information as the Secretary shall require,
including--
``(A) for any applicant that has received a grant
to carry out a program under this section, how such
applicant will use the grant to build on any such
program;
``(B) how the applicant will collect and analyze
data on--
``(i) lowering the administrative cost to
collect revenue;
``(ii) user experience with and acceptance
of a user-based alternative revenue mechanism;
``(iii) impacts on rural and urban users;
``(iv) potential revenue generation; and
``(v) revenue collection compliance
strategies; and
``(C) for any applicant that has not received a
grant to carry out a program under this section, how
the applicant--
``(i) will avoid redundancies with any
other pilot programs for user-based alternative
revenue mechanisms carried out by the
applicant; and
``(ii) plans to use best practices from any
such pilot programs in structuring the program
for which such funds are provided.
``(2) Application guidance.--Not later than 30 days after
the date of enactment of the STARTER Act, the Secretary shall
publish online guidance on submission of an application for the
program.'';
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting the
following:
``(1) To test the design, acceptance, equity, and
implementation of user-based alternative revenue mechanisms,
including among--
``(A) differing income groups;
``(B) various geographic areas; and
``(C) rural and urban drivers.''; and
(B) in paragraph (5) by striking ``To minimize the
administrative cost'' and inserting ``To quantify and
minimize the administrative costs'';
(4) in subsection (d)(1)(B) by inserting ``and the safety
of data collection'' before the semicolon;
(5) in subsection (e) by striking ``shall'' and inserting
``may'';
(6) by striking subsection (g) and inserting the following:
``(g) Federal Share.--Except as otherwise provided, the Federal
share of the cost of an activity carried out under this section may not
exceed--
``(1) 80 percent of the total cost of an activity that
involves 2 or more States; and
``(2) 60 percent of the total cost of any activity not
described in paragraph (1).'';
(7) in subsection (h)(2) by striking ``lessons learned''
and inserting ``recommendations'';
(8) by redesignating subsection (k) as subsection (l);
(9) by striking subsection (j) and inserting the following:
``(j) Funding.--Of the funds authorized to carry out section 503(b)
of title 23, United States Code, the Secretary shall reserve such sums
as may be necessary to carry out this section.
``(k) Planning Grants.--
``(1) Planning, preparation, design.--Of the funds
authorized to carry out this section, the Secretary may award
grants in amounts not to exceed 10 percent of such funds to
entities for the planning, preparation, or design of projects
eligible for funding under this section.
``(2) Eligible uses.--An entity receiving funding under
this subsection may use the funds for planning, preparation, or
design of an implementable pilot project, as well as the
examination of issues related to data and privacy,
cybersecurity, and the financial analysis of urban and rural
impacts of a project.
``(3) Maximum amount.--A grant under this subsection shall
not exceed $500,000.
``(4) Eligibility requirement.--To be eligible to receive
funds under this subsection, an applicant shall describe to the
Secretary how the applicant--
``(A) will avoid redundancies with any other pilot
programs for user-based alternative revenue mechanisms
carried out by the applicant; and
``(B) plans to use best practices from any such
pilot programs in structuring the program for which
such funds are provided.'';
(10) in subsection (l), as so redesignated, by inserting
``, to remain available until expended'' after ``United States
Code''; and
(11) by adding at the end the following:
``(m) Limitation on Transfer.--The Secretary shall notify in
writing the Committee on Appropriations and the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Appropriations and the Committee on Environment and
Public Works of the Senate of the intent to transfer funds under
subsection (l). A transfer under such subsection may only be carried
out if the Committees described in the previous sentence provide
written authorization to the Secretary for such transfer not later than
30 days after receiving a notification pursuant to this subsection.''.
SEC. 6007. SURFACE TRANSPORTATION SYSTEM ROAD USAGE CHARGE NATIONAL
PILOT.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of the Treasury, shall establish a pilot program to
demonstrate implementation of a national per-mile road usage charge.
(b) Objectives.--In establishing the program, the Secretary of
Transportation and the Secretary of the Treasury shall carry out the
following objectives:
(1) Test the design, acceptance, implementation, and
financial sustainability of a national per-mile road usage
charge.
(2) Collect and report data on the differential effects of
a national per-mile road usage charge and the Federal motor
fuels tax between urban and rural drivers.
(3) Collect and report data on the interoperability of road
usage charge collection between States.
(4) Provide recommendations regarding adoption and
implementation of a national per-mile road usage charge and a
recommendation for the amount of the national per-mile road
usage charge.
(c) Surface Transportation System Road Usage Charge Advisory
Board.--
(1) In general.--In carrying out the program under this
section, the Secretary of Transportation shall establish a
surface transportation system road usage charge advisory board
to--
(A) advance and implement the objectives under
subsection (b); and
(B) developing the recommendations and report under
subsection (j)(1).
(2) Members.--The advisory board established under
paragraph (1) shall, at a minimum, be composed of a total of 15
representatives of the following entities, to be appointed by
the Secretary:
(A) State departments of transportation.
(B) Local transportation agencies located within a
transportation management area (as identified or
designated under section 134(k) of title 23, United
States Code).
(C) Any public or nonprofit entity that carried out
a surface transportation system funding alternatives
pilot project under section 6020 of the FAST Act (23
U.S.C. 503 note).
(D) Owners and operators of toll facilities.
(E) Fleet operators of commercial motor vehicles.
(3) Application of law.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the advisory board
established under paragraph (1).
(d) Program Requirements.--In carrying out the pilot program
established in subsection (a), the Secretary of Transportation, in
consultation with the Secretary of the Treasury, shall--
(1) establish appropriate methods for reporting vehicle
miles traveled under the program;
(2) solicit volunteer participants from all 50 States and
the District of Columbia;
(3) ensure an equitable geographic distribution by
population among volunteer participants;
(4) enter into agreements, as is practicable, with owners
of commercial motor vehicle fleets or passenger motor vehicle
fleets for the collection and sharing of anonymized data
throughout the pilot program;
(5) enter into agreements with entities of the passenger
motor vehicle and commercial vehicle industry to develop a
technology standard for onboard units used to report vehicle
miles traveled; and
(6) use components of and information from the State pilots
under section 6020 of the FAST Act (Public Law 114-94), as
applicable.
(e) Methods.--In establishing a method for collecting information
on vehicle miles traveled under the program, the Secretary of
Transportation shall consider the following:
(1) Third-party on-board diagnostic system-II devices.
(2) Smart phone applications.
(3) Solicitation of voluntary reporting by automakers.
(4) Solicitation of voluntary reporting by car insurance
companies.
(5) Solicitation of voluntary reporting through State
departments of motor vehicles.
(6) Any other method that the Secretary of Transportation
considers appropriate.
(f) Privacy of Participants.--Not later than 30 days after
establishing the pilot program under this section, the Secretary of
Transportation, in consultation with the Secretary of the Treasury,
shall issue policies to--
(1) protect the privacy of volunteer participants; and
(2) secure the data provided by volunteer participants.
(g) Calculation of Per-Mile Road Usage Charge.--For the purposes of
the pilot program established in subsection (a), the Secretary of the
Treasury shall establish on an annual basis--
(1) for motor vehicles that are not commercial motor
vehicles, a per-mile road usage charge that is equivalent to
the annual gas tax revenues collected pursuant to section 4081
of the Internal Revenue Code of 1986 divided by the total
vehicle miles traveled by such motor vehicles; and
(2) for commercial motor vehicles, a per-mile road usage
charge equivalent to the annual diesel tax revenues collected
pursuant to section 4041 of the Internal Revenue Code of 1986
divided by the total vehicle miles traveled by medium and
heavy-duty trucks.
(h) Revenue Collection.--
(1) In general.--The Secretary of the Treasury, in
coordination with the Secretary of Transportation, shall
establish a mechanism to collect a per-mile road usage charge
from volunteer participants under the program that--
(A) may be adjusted as needed to address technical
challenges; and
(B) may allow third-party vendors to collect the
payments and forward to Treasury.
(2) Limitation on revenue collected.--Any revenue collected
under this section shall not be considered a toll under section
301 of title 23, United States Code.
(3) Highway trust fund.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall ensure
that any revenue collected under this section is deposited into
the Highway Trust Fund.
(i) Refund.--The Secretary of the Treasury shall annually calculate
and issue an equivalent refund to volunteer participants for any
otherwise applicable Federal motor fuel taxes under sections 4041 and
4081 of the Internal Revenue Code of 1986.
(j) Reports.--
(1) Advisory board.--Not later than 1 year after the date
on which the surface transportation system road usage charge
advisory board is established under subsection (c), such board
shall submit to the Secretary of Transportation a report on the
progress of the pilot program in meeting the objectives
described in subsection (b).
(2) Report to congress.--Not later than 1 year after the
date on which volunteer participants begin participating in the
pilot program, and each year thereafter, the Secretary of
Transportation and the Secretary of the Treasury shall submit
to the Committee on Transportation and Infrastructure and the
Committee on Ways and Means of the House of Representatives and
the Committee on Environment and Public Works and the Committee
on Finance of the Senate a report on the pilot program,
including the report and recommendations submitted to the
Secretary under paragraph (1).
(k) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(2) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established under section 9503 of
the Internal Revenue Code of 1986.
(3) Volunteer participant.--The term ``volunteer
participant'' means--
(A) the individual owner of a passenger motor
vehicle or commercial motor vehicle who volunteers to
participate in the pilot program; and
(B) the owner of a fleet of commercial motor
vehicles or passenger motor vehicles who volunteers to
participate in the pilot program.
TITLE VII--RESILIENCY
SEC. 7001. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) GRANT
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 173. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) grant
program
``(a) Definitions.--In this section:
``(1) Emergency event.--The term `emergency event' means a
natural disaster or catastrophic failure or an imminent 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 will
occur; or
``(B) an emergency or disaster declared by the
President pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.).
``(2) Evacuation route.--The term `evacuation route' means
a transportation route or system that--
``(A) is owned, operated, or maintained by a
Federal, State, Indian Tribe, or local government or a
private entity;
``(B) is used--
``(i) to transport the public away from
emergency events; or
``(ii) to transport emergency responders
and recovery resources; and
``(C) is designated by the eligible entity with
jurisdiction over the area in which the route is
located for the purposes described in subparagraph (B).
``(3) Program.--The term `program' means the grant program
established under subsection (b)(1).
``(4) Resilience improvement.--The term `resilience
improvement' means the use of materials or structural or
nonstructural techniques, including natural infrastructure--
``(A) that allow a project--
``(i) to better anticipate, prepare for,
and adapt to changing conditions and to
withstand and respond to disruptions; or
``(ii) to be better able to continue to
serve the primary function of the project
during and after weather events and natural
disasters for the expected life of the project;
or
``(B) that--
``(i) reduce the cost, magnitude and
duration of impacts of current and future
weather events and natural disasters to a
project; or
``(ii) have the absorptive capacity,
adaptive capacity, and recoverability to
decrease project vulnerability to current and
future weather events or natural disasters.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a grant
program, to be known as the `Promoting Resilient Operations for
Transformative, Efficient, and Cost-saving Transportation grant
program' or the `PROTECT grant program'.
``(2) Purpose.--The purpose of the program is to provide
grants for resilience improvements through--
``(A) formula funding distributed to States;
``(B) competitive planning grants to enable
communities to assess vulnerabilities to current and
future weather events and natural disasters and
changing conditions, including sea level rise, and plan
infrastructure improvements and emergency response
strategies to address those vulnerabilities; and
``(C) competitive resilience improvement grants to
protect--
``(i) infrastructure assets by making the
assets more resilient to current and future
weather events and natural disasters, including
severe storms, flooding, tornados, drought,
levee and dam failures, wildfire, landslides,
sea level rise, extreme weather, including
extreme temperature, and earthquakes;
``(ii) communities through resilience
improvements and strategies that allow for the
continued operation or rapid recovery of
surface transportation systems that--
``(I) serve critical local,
regional, and national needs, including
evacuation routes; and
``(II) provide access or service to
hospitals and other medical or
emergency service facilities, major
employers, critical manufacturing
centers, ports and intermodal
facilities, utilities, and Federal
facilities;
``(iii) coastal infrastructure, such as a
tide gate, that is at long-term risk to sea
level rise; and
``(iv) natural infrastructure that protects
and enhances surface transportation assets
while improving ecosystem conditions, including
culverts that ensure adequate flows in rivers
and estuarine systems.
``(c) Formula Awards.--
``(1) Distribution of funds to states.--
``(A) In general.--For each fiscal year, the
Secretary shall distribute among the States the amounts
made available to carry out this subsection for that
fiscal year in accordance with subparagraph (B).
``(B) Distribution.--The amount for each State
shall be determined by multiplying the total amount
made available to carry out this subsection for the
applicable fiscal year by the ratio that--
``(i) the total base apportionment for the
State under section 104(c); bears to
``(ii) the total base apportionments for
all States under section 104(c).
``(2) Eligible activities.--
``(A) In general.--Except as provided in
subparagraph (B), a State shall use funds made
available under paragraph (1) to carry out activities
eligible under subparagraph (A), (B), or (C) of
subsection (d)(4).
``(B) Planning set-aside.--Of the amounts made
available to each State under paragraph (1) for each
fiscal year, not less than 2 percent shall be for
activities described in subsection (d)(3).
``(3) Requirements.--
``(A) Projects in certain areas.--If a project
under this subsection is carried out, in whole or in
part, within a base floodplain, the State shall--
``(i) identify the base floodplain in which
the project is to be located and disclose that
information to the Secretary; and
``(ii) indicate to the Secretary whether
the State plans to implement 1 or more
components of the risk mitigation plan under
section 322 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5165) with respect to the area.
``(B) Eligibilities.--A State shall use funds made
available under paragraph (1) for--
``(i) a highway project eligible for
assistance under this title;
``(ii) a public transportation facility or
service eligible for assistance under chapter
53 of title 49; or
``(iii) a facility or service for intercity
rail passenger transportation (as defined in
section 24102 of title 49).
``(C) System resilience.--A project carried out by
a State with funds made available under this subsection
may include, consistent with State hazard mitigation
plans, the use of natural infrastructure or the
construction or modification of storm surge, flood
protection, or aquatic ecosystem restoration elements
that are functionally connected to a transportation
improvement, such as--
``(i) increasing marsh health and total
area adjacent to a highway right-of-way to
promote additional flood storage;
``(ii) upgrades to and installation of
culverts designed to withstand 100-year flood
events;
``(iii) upgrades to and installation of
tide gates to protect highways; and
``(iv) upgrades to and installation of
flood gates to protect tunnel entrances.
``(D) Federal cost share.--
``(i) In general.--Except as provided in
subsection (f)(1), the Federal share of the
cost of a project carried out using funds made
available under paragraph (1) shall not exceed
80 percent of the total project cost.
``(ii) Non-federal share.--A State may use
Federal funds other than Federal funds made
available under this subsection to meet the
non-Federal cost share requirement for a
project under this subsection.
``(E) Eligible project costs.--
``(i) In general.--Except as provided in
clause (ii), eligible project costs for
activities carried out by a State with funds
made available under paragraph (1) may include
the costs of--
``(I) development phase activities,
including planning, feasibility
analysis, revenue forecasting,
environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
``(II) construction,
reconstruction, rehabilitation, and
acquisition of real property (including
land related to the project and
improvements to land), environmental
mitigation, construction contingencies,
acquisition of equipment directly
related to improving system
performance, and operational
improvements.
``(ii) Eligible planning costs.--In the
case of a planning activity described in
subsection (d)(3) that is carried out by a
State with funds made available under paragraph
(1), eligible costs may include development
phase activities, including planning,
feasibility analysis, revenue forecasting,
environmental review, preliminary engineering
and design work, other preconstruction
activities, and other activities consistent
with carrying out the purposes of subsection
(d)(3).
``(F) Limitations.--In carrying out this
subsection, a State--
``(i) may use not more than 25 percent of
the amounts made available under this
subsection for the construction of new capacity
so long as such inclusion is cost-effective and
is directly related to the underlying project;
and
``(ii) may use not more than 10 percent of
the amounts made available under this
subsection for activities described in
subparagraph (E)(i)(I).
``(d) Competitive Awards.--
``(1) In general.--In addition to funds distributed to
States under subsection (c)(1), the Secretary shall provide
grants on a competitive basis under this subsection to eligible
entities described in paragraph (2).
``(2) Eligible entities.--The Secretary may make a grant
under this subsection to any of the following:
``(A) A State or political subdivision of a State.
``(B) A metropolitan planning organization.
``(C) A unit of local government.
``(D) A special purpose district or public
authority with a transportation function, including a
port authority.
``(E) An Indian tribe (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
entities described in subparagraphs (A) through (F).
``(3) Planning grants.--Using funds made available for
purposes under this subsection, the Secretary shall provide
planning grants to eligible entities for the purpose of--
``(A) in the case of a State or metropolitan
planning organization, developing a resilience
improvement plan under subsection (f)(2);
``(B) resilience planning, predesign, design, or
the development of data tools to simulate
transportation disruption scenarios, including
vulnerability assessments;
``(C) technical capacity building by the eligible
entity to facilitate the ability of the eligible entity
to assess the vulnerabilities of the infrastructure
assets and community response strategies of the
eligible entity under current conditions and a range of
potential future conditions; or
``(D) evacuation planning and preparation.
``(4) Resilience grants.--
``(A) Resilience improvement grants.--
``(i) In general.--Using funds made
available for purposes under this subsection,
the Secretary shall provide resilience
improvement grants to eligible entities to
carry out 1 or more eligible activities under
clause (ii).
``(ii) Eligible activities.--
``(I) In general.--An eligible
entity may use a resilience improvement
grant under this subparagraph for 1 or
more construction activities to enable
an existing surface transportation
infrastructure asset to withstand or
reduce the costs and impact of 1 or
more elements of a weather event or
natural disaster, or to increase the
resilience of surface transportation
infrastructure from the costs and
impacts of changing conditions, such as
sea level rise, flooding, extreme
weather events, and other natural
disasters.
``(II) Inclusions.--An activity
eligible to be carried out under this
subparagraph includes--
``(aa) resurfacing,
restoration, rehabilitation,
reconstruction, replacement,
improvement, or realignment of
an existing surface
transportation facility
eligible for assistance under
this title;
``(bb) the incorporation of
natural infrastructure;
``(cc) the upgrade of an
existing surface transportation
facility to meet or exceed
Federal Highway Administration
approved design standards;
``(dd) the installation of
mitigation measures that
prevent the intrusion of
floodwaters into surface
transportation systems;
``(ee) strengthening
systems that remove rainwater
from surface transportation
facilities;
``(ff) a resilience project
that addresses identified
vulnerabilities described in
the resilience improvement plan
of the eligible entity, if
applicable;
``(gg) relocating roadways
in a base floodplain to higher
ground above projected flood
elevation levels, or away from
slide prone areas;
``(hh) stabilizing slide
areas or slopes;
``(ii) installing riprap;
``(jj) lengthening or
raising bridges to increase
waterway openings, including to
respond to extreme weather;
``(kk) deepening channels
to prevent flooding;
``(ll) increasing the size
or number of drainage
structures;
``(mm) installing seismic
retrofits on bridges;
``(nn) adding scour
protection at bridges;
``(oo) adding scour, stream
stability, coastal, and other
hydraulic countermeasures,
including spur dikes; and
``(pp) any other protective
features, including natural
infrastructure, as determined
by the Secretary.
``(iii) Priority.--The Secretary shall
prioritize a resilience improvement grant to an
eligible entity if--
``(I) the Secretary determines--
``(aa) the benefits of the
eligible activity proposed to
be carried out by the eligible
entity exceed the costs of the
activity; and
``(bb) there is a need to
address the vulnerabilities of
infrastructure assets of the
eligible entity with a high
risk of, and impacts associated
with, failure due to the
impacts of weather events,
natural disasters, or changing
conditions, such as sea level
rise and increased flood risk;
or
``(II) the eligible activity
proposed to be carried out by the
eligible entity is included in the
applicable resilience improvement plan
under subsection (f)(2).
``(B) Community resilience and evacuation route
grants.--
``(i) In general.--Using funds made
available for purposes under this subsection,
the Secretary shall provide community
resilience and evacuation route grants to
eligible entities to carry out 1 or more
eligible activities under clause (ii).
``(ii) Eligible activities.--An eligible
entity may use a community resilience and
evacuation route grant under this subparagraph
for 1 or more projects that strengthen and
protect evacuation routes that are essential
for providing and supporting evacuations caused
by emergency events, including a project that--
``(I) is an eligible activity under
subparagraph (A)(ii), if 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 Secretary determines
that existing evacuation routes are not
sufficient to adequately facilitate
evacuations, including the
transportation of emergency responders
and recovery resources, expands the
capacity of evacuation routes to
swiftly and safely accommodate
evacuations, including installation
of--
``(aa) communications and
intelligent transportation
system equipment and
infrastructure;
``(bb) counterflow
measures; or
``(cc) shoulders;
``(IV) is for the construction of--
``(aa) new or redundant
evacuation routes, if the
Secretary determines that
existing evacuation routes are
not sufficient to adequately
facilitate evacuations,
including the transportation of
emergency responders and
recovery resources; or
``(bb) sheltering
facilities that are
functionally connected to an
eligible project;
``(V) is for the acquisition of
evacuation route or traffic incident
management equipment, vehicles, or
signage; or
``(VI) will ensure access or
service to critical destinations,
including hospitals and other medical
or emergency service facilities, major
employers, critical manufacturing
centers, ports and intermodal
facilities, utilities, and Federal
facilities.
``(iii) Priority.--The Secretary shall
prioritize community resilience and evacuation
route grants under this subparagraph for
eligible activities that are cost-effective, as
determined by the Secretary, taking into
account--
``(I) current and future
vulnerabilities to an evacuation route
due to future occurrence or recurrence
of emergency events that are likely to
occur in the geographic area in which
the evacuation route is located; and
``(II) projected changes in
development patterns, demographics, and
extreme weather events based on the
best available evidence and analysis.
``(iv) Consultation.--In providing grants
for community resilience and evacuation routes
under this subparagraph, the Secretary shall
consult with the Administrator of the Federal
Emergency Management Agency, who shall provide
technical assistance to the Secretary and to
eligible entities.
``(C) At-risk coastal infrastructure grants.--
``(i) Definition of coastal state.--In this
subparagraph, the term `coastal State' means--
``(I) a State in, or bordering on,
the Atlantic, Pacific, or Arctic Ocean,
the Gulf of Mexico, Long Island Sound,
or 1 or more of the Great Lakes;
``(II) the United States Virgin
Islands;
``(III) Guam;
``(IV) American Samoa;
``(V) the Commonwealth of the
Northern Mariana Islands; and
``(VI) Puerto Rico.
``(ii) Grants.--Using funds made available
for purposes under this subsection, the
Secretary shall provide at-risk coastal
infrastructure grants to eligible entities in
coastal States to carry out 1 or more eligible
activities under clause (iii).
``(iii) Eligible activities.--An eligible
entity may use an at-risk coastal
infrastructure grant under this subparagraph
for strengthening, stabilizing, hardening,
elevating, relocating, or otherwise enhancing
the resilience of highway and non-rail
infrastructure, including bridges, roads,
pedestrian walkways, and bicycle lanes, and
associated infrastructure, such as culverts and
tide gates, that are subject to, or face
increased long-term future risks of, 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 subparagraph for a project--
``(I) that addresses the risks from
a current or future weather event or
natural disaster, including coastal
flooding, coastal erosion, wave action,
storm surge, or sea level rise; and
``(II) that reduces long-term
infrastructure costs by avoiding larger
future maintenance or rebuilding costs.
``(v) Coastal benefits.--In addition to the
criteria under clause (iv), for the purpose of
providing at-risk coastal infrastructure grants
under this subparagraph, the Secretary shall
evaluate the extent to which a project will
provide--
``(I) access to coastal homes,
businesses, communities, and other
critical infrastructure, including
access by first responders and other
emergency personnel; or
``(II) access to a designated
evacuation route.
``(5) Grant requirements.--
``(A) Solicitations for grants.--In providing
grants under this subsection, the Secretary shall
conduct a transparent and competitive national
solicitation process to select eligible projects to
receive grants under paragraph (3) and subparagraphs
(A), (B), and (C) of paragraph (4).
``(B) Applications.--
``(i) In general.--To be eligible to
receive a grant under paragraph (3) or
subparagraph (A), (B), or (C) of paragraph (4),
an eligible entity shall submit to the
Secretary an application in such form, at such
time, and containing such information as the
Secretary determines to be necessary.
``(ii) Projects in certain areas.--If a
project is proposed to be carried out by the
eligible entity, in whole or in part, within a
base floodplain, the eligible entity shall--
``(I) as part of the application,
identify the floodplain in which the
project is to be located and disclose
that information to the Secretary; and
``(II) indicate in the application
whether, if selected, the eligible
entity will implement 1 or more
components of the risk mitigation plan
under section 322 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5165) with
respect to the area.
``(C) Eligibilities.--The Secretary may make a
grant under paragraph (3) or subparagraph (A), (B), or
(C) of paragraph (4) only for--
``(i) a highway project eligible for
assistance under this title;
``(ii) a public transportation facility or
service eligible for assistance under chapter
53 of title 49; or
``(iii) a facility or service for intercity
rail passenger transportation (as defined in
section 24102 of title 49).
``(D) System resilience.--A project for which a
grant is provided under paragraph (3) or subparagraph
(A), (B), or (C) of paragraph (4) may include the use
of natural infrastructure or the construction or
modification of storm surge, flood protection, or
aquatic ecosystem restoration elements that the
Secretary determines are functionally connected to a
transportation improvement, such as--
``(i) increasing marsh health and total
area adjacent to a highway right-of-way to
promote additional flood storage;
``(ii) upgrades to and installation of
culverts designed to withstand 100-year flood
events;
``(iii) upgrades to and installation of
tide gates to protect highways; and
``(iv) upgrades to and installation of
flood gates to protect tunnel entrances.
``(E) Federal cost share.--
``(i) Planning grant.--The Federal share of
the cost of a planning activity carried out
using a planning grant under paragraph (3)
shall be 100 percent.
``(ii) Resilience grants.--
``(I) In general.--Except as
provided in subclause (II) and
subsection (f)(1), the Federal share of
the cost of a project carried out using
a grant under subparagraph (A), (B), or
(C) of paragraph (4) shall not exceed
80 percent of the total 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 provided under this subsection to meet
the non-Federal cost share requirement for a
project carried out with a grant under this
subsection.
``(F) Eligible project costs.--
``(i) Resilience grant projects.--Eligible
project costs for activities funded with a
grant under subparagraph (A), (B), or (C) of
paragraph (4) may include the costs of--
``(I) development phase activities,
including planning, feasibility
analysis, revenue forecasting,
environmental review, preliminary
engineering and design work, and other
preconstruction activities; and
``(II) construction,
reconstruction, rehabilitation, and
acquisition of real property (including
land related to the project and
improvements to land), environmental
mitigation, construction contingencies,
acquisition of equipment directly
related to improving system
performance, and operational
improvements.
``(ii) Planning grants.--Eligible project
costs for activities funded with a grant under
paragraph (3) may include the costs of
development phase activities, including
planning, feasibility analysis, revenue
forecasting, environmental review, preliminary
engineering and design work, other
preconstruction activities, and other
activities consistent with carrying out the
purposes of that paragraph.
``(G) Limitations.--An eligible entity that
receives a grant under subparagraph (A), (B), or (C) of
paragraph (4)--
``(i) may use not more than 25 percent of
the amount of the grant for the construction of
new capacity so long as such inclusion is cost-
effective and is directly related to the
underlying project; and
``(ii) may use not more than 10 percent of
the amount of the grant for activities
described in subparagraph (F)(i)(I).
``(H) Distribution of grants.--
``(i) In general.--Subject to the
availability of funds, an eligible entity may
request and the Secretary may distribute funds
for a grant under this subsection on a
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.
``(e) Consultation.--In carrying out the program, the Secretary
shall--
``(1) consult with the Assistant Secretary of the Army for
Civil Works, the Administrator of the Environmental Protection
Agency, the Secretary of the Interior, and the Secretary of
Commerce; and
``(2) solicit technical support from the Administrator of
the Federal Emergency Management Agency.
``(f) Resilience Improvement Plan and Lower Non-Federal Share.--
``(1) Federal share reductions.--
``(A) In general.--A State that receives funds
under subsection (c) or an eligible entity that
receives a grant under subsection (d) shall have the
non-Federal share of a project carried out with the
funds or grant, as applicable, reduced by an amount
described in subparagraph (B) if the State or eligible
entity meets the applicable requirements under that
subparagraph.
``(B) Amount of reductions.--
``(i) Resilience improvement plan.--Subject
to clause (iii), the amount of the non-Federal
share of the costs of a project carried out
with funds under subsection (c) or a grant
under subsection (d) shall be reduced by 7
percentage points if--
``(I) in the case of a State or an
eligible entity that is a State or a
metropolitan planning organization, the
State or eligible entity has--
``(aa) developed a
resilience improvement plan in
accordance with this
subsection; and
``(bb) prioritized the
project on that resilience
improvement plan; and
``(II) in the case of an eligible
entity not described in subclause (I),
the eligible entity is located in a
State or an area served by a
metropolitan planning organization that
has--
``(aa) developed a
resilience improvement plan in
accordance with this
subsection; and
``(bb) prioritized the
project on that resilience
improvement plan.
``(ii) Incorporation of resilience
improvement plan in other planning.--Subject to
clause (iii), the amount of the non-Federal
share of the cost of a project carried out with
funds under subsection (c) or a grant under
subsection (d) shall be reduced by 3 percentage
points if--
``(I) in the case of a State or an
eligible entity that is a State or a
metropolitan planning organization, the
resilience improvement plan developed
in accordance with this subsection has
been incorporated into the metropolitan
transportation plan under section 134
or the long-range statewide
transportation plan under section 135,
as applicable; and
``(II) in the case of an eligible
entity not described in subclause (I),
the eligible entity is located in a
State or an area served by a
metropolitan planning organization that
incorporated a resilience improvement
plan into the metropolitan
transportation plan under section 134
or the long-range statewide
transportation plan under section 135,
as applicable.
``(iii) Limitations.--
``(I) Maximum reduction.--A State
or eligible entity may not receive a
reduction under this paragraph of more
than 10 percentage points for any
single project carried out with funds
under subsection (c) or a grant under
subsection (d).
``(II) No negative non-federal
share.--A reduction under this
paragraph shall not reduce the non-
Federal share of the costs of a project
carried out with funds under subsection
(c) or a grant under subsection (d) to
an amount that is less than zero.
``(2) Plan contents.--A resilience improvement plan
referred to in paragraph (1)--
``(A) shall be for the immediate and long-range
planning activities and investments of the State or
metropolitan planning organization with respect to
resilience;
``(B) shall demonstrate a systemic approach to
transportation system resilience and be consistent with
and complementary of the State and local mitigation
plans required under section 322 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5165);
``(C) shall--
``(i) include a risk-based assessment of
vulnerabilities of transportation assets and
systems to current and future extreme weather
events and natural disasters, including severe
storms, flooding, tornados, drought, levee and
dam failures, wildfire, landslides, sea level
rise, extreme weather events, including extreme
temperatures, and earthquakes;
``(ii) designate evacuation routes and
strategies, including multimodal facilities,
designated with consideration for individuals
without access to personal vehicles;
``(iii) plan for response to anticipated
emergencies, including plans for the mobility
of--
``(I) emergency response personnel
and equipment; and
``(II) access to emergency
services, including for vulnerable or
disadvantaged populations;
``(iv) describe the resilience improvement
policies, including strategies, land-use and
zoning changes, investments in natural
infrastructure, or performance measures that
will inform the transportation investment
decisions of the State or metropolitan planning
organization with the goal of increasing
resilience;
``(v) include an investment plan that--
``(I) includes a list of priority
projects; and
``(II) describes how funds provided
by a grant under the program would be
invested and matched, which shall not
be subject to fiscal constraint
requirements; and
``(vi) use science and data and indicate
the source of data and methodologies; and
``(D) shall, as appropriate--
``(i) include a description of how the plan
will improve the ability of the State or
metropolitan planning organization--
``(I) to respond promptly to the
impacts of weather events and natural
disasters; and
``(II) to be prepared for changing
conditions, such as sea level rise and
increased flood risk;
``(ii) describe the codes, standards, and
regulatory framework, if any, adopted and
enforced to ensure resilience improvements
within the impacted area of proposed projects
included in the resilience improvement plan;
``(iii) consider the benefits of combining
hard infrastructure assets, and natural
infrastructure, through coordinated efforts by
the Federal Government and the States;
``(iv) assess the resilience of other
community assets, including buildings and
housing, emergency management assets, and
energy, water, and communication
infrastructure;
``(v) use a long-term planning period; and
``(vi) include such other information as
the eligible entity considers appropriate.
``(3) No new planning requirements.--Nothing in this
section requires a metropolitan planning organization or a
State to develop a resilience improvement plan or to include a
resilience improvement plan under the metropolitan
transportation plan under section 134 or the long-range
statewide transportation plan under section 135, as applicable,
of the metropolitan planning organization or State.
``(g) Monitoring.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary, in consultation
with the officials described in subsection (e), shall--
``(A) establish, for the purpose of evaluating the
effectiveness and impacts of projects carried out under
the program--
``(i) subject to paragraph (2),
transportation and any other metrics as the
Secretary determines to be necessary; and
``(ii) procedures for monitoring and
evaluating projects based on those metrics; and
``(B) select a representative sample of projects to
evaluate based on the metrics and procedures
established under subparagraph (A).
``(2) Notice.--Before adopting any metrics described in
paragraph (1), the Secretary shall--
``(A) publish the proposed metrics in the Federal
Register; and
``(B) provide to the public an opportunity for
comment on the proposed metrics.
``(h) Reports.--
``(1) Reports from eligible entities.--Not later than 1
year after the date on which a project carried out under the
program is completed, the entity that carried out the project
shall submit to the Secretary a report on the results of the
project and the use of the funds received under the program.
``(2) Reports to congress.--
``(A) Annual reports.--The Secretary shall submit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate, and publish
on the website of the Department of Transportation, an
annual report that describes the implementation of the
program during the preceding calendar year, including--
``(i) each project for which a grant was
provided under the program;
``(ii) information relating to project
applications received;
``(iii) the manner in which the
consultation requirements were implemented
under this section;
``(iv) recommendations to improve the
administration of the program, including
whether assistance from additional or fewer
agencies to carry out the program is
appropriate;
``(v) the period required to disburse grant
funds to recipients based on applicable Federal
coordination requirements; and
``(vi) a list of facilities that repeatedly
require repair or reconstruction due to
emergency events.
``(B) Final report.--Not later than 5 years after
the date of enactment of the Surface Transportation
Advanced through Reform, Technology, & Efficient Review
Act, the Secretary shall submit to Congress a report
that includes the results of the reports submitted
under subparagraph (A). The Secretary shall use not
more than 5 percent of the amounts made available to
carry out the program for each fiscal year for the
costs of administering the program, including
monitoring and evaluation under subsection (g).
``(C) Consultation.--In developing guidance and
regulations, and in providing grants under this
section, the Secretary shall consult with the
Administrator of the Federal Emergency Management
Agency, who shall provide technical assistance to the
Secretary and to eligible entities.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, as amended by this Act, is further amended by
adding at the end the following:
``173. Promoting Resilient Operations for Transformative, Efficient,
and Cost-saving Transportation (PROTECT)
grant program.''.
SEC. 7002. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``and'' at the
end;
(B) in paragraph (3) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) to provide support for measures to increase the
resiliency of Federal-aid highways and bridges on and off the
National Highway System to mitigate the impacts of sea level
rise, extreme weather events, flooding, or other natural
disasters.''; and
(2) by adding at the end the following:
``(k) Protective Features.--
``(1) In general.--A State may use not more than 15 percent
of the funds apportioned to the State under section 104(b)(1)
for each fiscal year for 1 or more protective features on a
Federal-aid highway or bridge off the National Highway System,
if the protective feature is designed to mitigate the risk of
recurring damage, or the cost of future repairs, from extreme
weather events, flooding, or other natural disasters.
``(2) Protective features described.--A protective feature
referred to in paragraph (1) may include--
``(A) raising roadway grades;
``(B) relocating roadways in a base floodplain to
higher ground above projected flood elevation levels or
away from slide prone areas;
``(C) stabilizing slide areas;
``(D) stabilizing slopes;
``(E) installing riprap;
``(F) lengthening or raising bridges to increase
waterway openings;
``(G) deepening channels to prevent flooding;
``(H) increasing the size or number of drainage
structures;
``(I) replacing culverts with bridges or upsizing
culverts;
``(J) repairing or maintaining tide gates;
``(K) installing seismic retrofits on bridges;
``(L) adding scour protection at bridges;
``(M) adding scour, stream stability, coastal, or
other hydraulic countermeasures, including spur dikes;
``(N) the use of natural infrastructure to mitigate
the risk of recurring damage or the cost of future
repair from extreme weather events, flooding, or other
natural disasters; and
``(O) any other features that mitigate the risk of
recurring damage or the cost of future repair as a
result of extreme weather events, flooding, or other
natural disasters, as determined by the Secretary.
``(3) 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. 7003. RESILIENCY IN TRANSIT.
Section 5324 of title 49, United States Code, is amended by--
(1) striking ``and'' at the end of subsection (b)(1);
(2) striking the period at the end of subsection (b)(2)(B)
and inserting ``; and''; and
(3) by adding at the end of subsection (b) the following
new paragraph:
``(3) mitigation projects and activities that the Secretary
determines are cost-effective and which substantially reduce
the risk of, or increase resilience to, future damage,
hardship, or loss, related to equipment and facilities of a
public transportation system operating in the United States or
on an Indian reservation that the Secretary determines is in
danger of suffering serious damage, or has suffered serious
damage, as a result of an emergency.''.
SEC. 7004. HIGHWAY EMERGENCY RELIEF AND RESILIENCY.
(a) In General.--Section 125 of title 23, United States Code, is
amended--
(1) in subsection (a)(1), by inserting ``wildfire, sea
level rise,'' after ``severe storm'';
(2) by striking subsection (b) and inserting the following:
``(b) Restriction on Eligibility.--Funds under this section shall
not be used for the repair or reconstruction of a bridge that has been
permanently closed to all vehicular traffic by the Federal, State,
Tribal, 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 improvements designed and
demonstrated to mitigate and reduce the risk of
recurring damage from extreme weather events,
flooding, or other natural disasters.'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(C) by inserting after paragraph (2) the following:
``(3) Protective features.--
``(A) In general.--The cost of an improvement that
is part of a project under this section shall be an
eligible expense under this section if the improvement
is a protective feature that is designed and
demonstrated to mitigate and reduce the risk of
recurring damage, or the cost of future repair, from
extreme weather events, flooding, or other natural
disasters.
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) may include--
``(i) raising roadway grades;
``(ii) relocating roadways in a base
floodplain to higher ground above projected
flood elevation levels or away from slide prone
areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) installing riprap;
``(vi) lengthening or raising bridges to
increase waterway openings;
``(vii) deepening channels to prevent
flooding;
``(viii) increasing the size or number of
drainage structures;
``(ix) replacing culverts with bridges or
upsizing culverts;
``(x) repairing or maintaining tide gates;
``(xi) installing seismic retrofits on
bridges;
``(xii) adding scour protection at bridges;
``(xiii) adding scour, stream stability,
coastal, and other hydraulic countermeasures,
including spur dikes;
``(xiv) the use of natural infrastructure
to mitigate the risk of recurring damage or the
cost of future repair from extreme weather
events, flooding, or other natural disasters;
and
``(xv) any other features that mitigate the
risk of recurring damage or the cost of future
repair as a result of extreme weather events,
flooding, or other natural disasters, as
determined by the Secretary.''.
(b) Emergency Relief Projects.--
(1) Definition of emergency relief project.--In this
section, the term ``emergency relief project'' means a project
carried out under the emergency relief program under section
125 of title 23, United States Code.
(2) Improving the emergency relief program.--Not later than
90 days after the date of enactment of this Act, the Secretary
shall--
(A) revise the emergency relief manual of the
Federal Highway Administration--
(i) to include and reflect the definition
of the term ``resilience'' (as defined in
section 101(a) of title 23, United States
Code);
(ii) to ensure resilience measures are
cost-effective and substantially reduce the
risk of, or increase resilience to, future
damage, hardship, loss, or suffering in any
area affected by a declared disaster;
(iii) to identify procedures that States
may use to incorporate resilience into
emergency relief projects; and
(iv) to encourage the use of Complete
Streets design principles and consideration of
access for moderate- and low-income families
impacted by a declared disaster;
(B) develop best practices for improving the use of
resilience in--
(i) the emergency relief program under
section 125 of title 23, United States Code;
and
(ii) emergency relief efforts;
(C) provide to division offices of the Federal
Highway Administration and State departments of
transportation information on the best practices
developed under paragraph (2); and
(D) develop and implement a process to track--
(i) the consideration of resilience as part
of the emergency relief program under section
125 of title 23, United States Code; and
(ii) the measurement of risk reduction and
costs of emergency relief projects.
(3) Consultation.--In carrying out actions pursuant to
paragraph (2), the Secretary shall consult with the
Administrator of the Federal Emergency Management Agency to
ensure resiliency guidance and activities are consistent with
and do not conflict with other resiliency and mitigation
activities and priorities.
SEC. 7005. HIGHWAY RESILIENCY INCENTIVES.
Section 120(c) of title 23, United States Code, is amended by
adding at the end the following:
``(4) Protective features.--
``(A) In general.--Notwithstanding any other
provision of law, the Federal share payable for the
cost of a protective feature on a Federal-aid highway
or bridge project under this title may be up to 100
percent, at the discretion of the State, if the
protective feature is an improvement designed and
demonstrated to mitigate and reduce the risk of
recurring damage, or the cost of future repair, from
extreme weather events, flooding, or other natural
disasters.
``(B) Protective features described.--A protective
feature referred to in subparagraph (A) may include--
``(i) raising roadway grades;
``(ii) relocating roadways in a base
floodplain to higher ground above projected
flood elevation levels or away from slide prone
areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) installing riprap;
``(vi) lengthening or raising bridges to
increase waterway openings;
``(vii) deepening channels to prevent
flooding;
``(viii) increasing the size or number of
drainage structures;
``(ix) replacing culverts with bridges or
upsizing culverts;
``(x) repairing or maintaining tide gates;
``(xi) installing seismic retrofits on
bridges;
``(xii) adding scour protection at bridges;
``(xiii) adding scour, stream stability,
coastal, and other hydraulic countermeasures,
including spur dikes;
``(xiv) the use of natural infrastructure
to mitigate and reduce the risk of recurring
damage or the cost of future repair from
extreme weather events, flooding, or other
natural disasters; and
``(xv) any other features that mitigate and
reduce the risk of recurring damage or the cost
of future repair as a result of extreme weather
events, flooding, or other natural disasters,
as determined by the Secretary.''.
SEC. 7006. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
Upon issuance of guidance issued pursuant to section 1228 of the
Disaster Recovery Reform Act of 2018 (Public Law 115-254), the
Administrator of the Federal Highway Administration, in consultation
with the Administrator of the Federal Emergency Management Agency,
shall review such guidance and issue guidance regarding repair,
restoration, and replacement of inundated and submerged roads damaged
or destroyed by a major disaster declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) with respect to roads eligible for assistance under Federal
Highway Administration programs.
SEC. 7007. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency and consistent with
guidance issued by the Federal Emergency Management Agency
pursuant to section 1209 of the Disaster Recovery Reform Act of
2018 (Public Law 115-254), shall revise existing guidance or
issue new guidance as appropriate for State, local, and Indian
Tribal governments regarding the design, construction,
maintenance, and repair of evacuation routes.
(2) Considerations.--In revising or issuing guidance under
subsection (a)(1), the Administrator of the Federal Highway
Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability,
including flammability and hydrostatic forces;
(ii) improve durability, strength
(including the ability to withstand tensile
stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively
manage contraflow operations;
(C) for evacuation routes on public lands, the
viewpoints of the applicable Federal land management
agency regarding emergency operations, sustainability,
and resource protection; and
(D) such other items the Administrator of the
Federal Highway Administration considers appropriate.
(3) Report.--In the case in which the Administrator of the
Federal Highway Administration, in consultation with the
Administrator of the Federal Emergency Management Agency,
concludes existing guidance addresses the considerations in
paragraph (2), the Administrator of the Federal Highway
Administration shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
detailed report describing how existing guidance addresses such
considerations.
(b) Study.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the Federal
Emergency Management Agency and State, local, territorial, and Indian
Tribal governments, shall--
(1) conduct a study of the adequacy of available evacuation
routes to accommodate the flow of evacuees; and
(2) submit recommendations to Congress on how to help with
anticipated evacuation route flow, based on the study conducted
under paragraph (1).
SEC. 7008. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) in paragraph (4)(A) by inserting ``assessing
resilience,'' after ``surveying,''; and
(2) by adding at the end the following:
``(35) Resilience.--Unless otherwise specified, the term
`resilience', with respect to a project, means a project with
the ability to anticipate, prepare for, or adapt to conditions
or mitigate against, withstand, respond to, or recover rapidly
from disruptions, including the ability--
``(A) to resist hazards, mitigate against, reduce
costs associated with or withstand impacts from weather
events and natural disasters; or
``(B) to have the absorptive capacity, adaptive
capacity, and recoverability to decrease project
vulnerability to weather events or other natural
disasters.''.
SEC. 7009. UNIVERSITY TRANSPORTATION CENTERS.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (a)(2) by adding at the end the
following:
``(D) to consider the ability to anticipate,
prepare for, or adapt to conditions or withstand,
increase resiliency to, reduce costs related to,
respond to, or recover rapidly from disruptions
resulting from extreme weather events and natural
disasters.'';
(2) in subsection (b)(4)(A) by striking ``research
priorities identified in chapter 65.'' and inserting the
following: ``following research priorities:
``(i) Improving the mobility of people and
goods.
``(ii) Reducing congestion.
``(iii) Promoting safety.
``(iv) Improving the durability and
extending the life of transportation
infrastructure and the existing transportation
system.
``(v) Improving the ability to anticipate,
prepare for, or adapt to conditions or
withstand, respond to, or recover rapidly from
disruptions resulting from extreme weather
events and natural disasters.''; and
(3) in subsection (c)(4)--
(A) in subparagraph (C) by adding at the end the
following: ``In awarding grants under this section, the
Secretary shall also select not less than 1 grant
recipient with each of the following focus areas:
``(i) Improving the ability to anticipate,
prepare for, or adapt to conditions or
withstand, increase resiliency to, reduce costs
related to, respond to, or recover rapidly from
disruptions resulting from extreme weather
events and natural disasters.
``(ii) Developing innovative road designs,
materials, and restoration strategies to better
enhance the durability and structural integrity
of roads and subgrade soils that may become
inundated during severe weather events.
``(iii) Enhancing the viability and
durability of evacuation routes, including ways
to effectively manage contraflow operations to
minimize casualties.''; and
(B) by adding at the end the following:
``(D) Considerations for selected institutions.--
``(i) In general.--Tier 1 transportation
centers awarded a grant under this paragraph
with a focus area described in subparagraph (C)
shall consider the following areas for
research:
``(I) Developing new materials and
improving the performance and
resiliency of existing materials for
the construction of roads, bridges,
rail, and related transportation
infrastructure.
``(II) Reducing local, State,
Federal, and tribal costs associated
with natural disasters and severe
weather.
``(III) Innovative technologies and
approaches to pre-mitigate against
severe weather.
``(IV) The durability of roadways
and subgrade with respect to
flammability and hydrostatic forces.
``(V) Strategies to mitigate the
costs associated with vulnerabilities
in Federal evacuation routes, with
respect to overcrowding and inundation.
``(ii) Activities.--A tier 1 transportation
center receiving a grant under this section
with a focus area described in subparagraph (C)
may--
``(I) establish best practices;
``(II) develop modeling tools; and
``(III) carry out other activities
and develop technology that addresses
the planning considerations described
in clause (i).''.
SEC. 7010. PRE-DISASTER HAZARD MITIGATION PILOT PROGRAM.
(a) In General.--Section 125 of title 23, United States Code, is
amended by adding at the end the following:
``(h) Pre-Disaster Hazard Mitigation Pilot Program.--
``(1) In general.--The Secretary shall establish a pre-
disaster mitigation program for the purpose of mitigating
future hazards posed to Federal-aid highways.
``(2) Distribution of funds.--Every 6 months, the Secretary
shall total the amount of funds made available to each State,
territory, Tribal, or other eligible entity under the emergency
relief program during the preceding 6 months and remit an
additional 5 percent from the Highway Trust Fund to those
entities for eligible activities described in paragraph (3).
``(3) Eligible activities.--Funds made available under
subsection (h)(2) shall be used for mitigation projects and
activities that the Secretary determines are cost-effective and
that substantially reduce the risk of, or increase resilience
to, future damage as a result of natural disasters, such as by
flood, hurricane, tidal wave, earthquake, severe storm, or
landslide by upgrading existing assets to meet or exceed design
standards adopted by the Federal Highway Administration by
means of the following:
``(A) Relocating or elevating roadways.
``(B) Increasing the size or number of drainage
structures, including culverts.
``(C) Installing mitigation measures to prevent the
impairment of transportation assets as a result of the
intrusion of floodwaters.
``(D) Improving bridges to expand water capacity
and prevent flooding.
``(E) Deepening channels to prevent asset
inundation and improve drainage.
``(F) Improving strength of natural features
adjacent to highway rights-of-way to promote additional
flood storage.
``(G) Installing or upgrading tide gates and flood
gates.
``(H) Stabilizing slide areas or slopes.
``(I) Installing seismic retrofits for bridges.
``(J) Adding scour protection at bridges.
``(K) Adding scour, stream stability, coastal, or
other hydraulic countermeasures, including riprap.
``(L) Installing intelligent transportation system
equipment to monitor infrastructure quality.
``(M) Any other protective features as determined
by the Secretary.
``(4) Report.--The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate an annual report detailing--
``(A) a description of the activities carried out
under the pilot program;
``(B) an evaluation of the effectiveness of the
pilot program in meeting purposes described in
paragraph (1); and
``(C) policy recommendations to improve the
effectiveness of the pilot program.''.
(b) Sunset.--The amendments made by this section shall be repealed
on the date that is 5 years after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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