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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8870 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8870
To authorize funding for Federal-aid highways, bridge construction and
rehabilitation, highway safety programs, transit programs, and rail
programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2026
Mr. Graves (for himself, Mr. Larsen of Washington, Mr. Rouzer, Mr.
Webster of Florida, and Ms. Norton) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To authorize funding for Federal-aid highways, bridge construction and
rehabilitation, highway safety programs, transit programs, and rail
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 ``Building Unrivaled
Infrastructure and Long-term Development for America's 250th Act'' or
the ``BUILD America 250 Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
Sec. 4. Automatic execution of conforming changes.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. Nationally significant multimodal freight and highway
projects.
Sec. 1106. National highway performance program.
Sec. 1107. Federal share.
Sec. 1108. Bridge programs.
Sec. 1109. Emergency relief.
Sec. 1110. Toll roads, bridges, tunnels, and ferries.
Sec. 1111. Railway-highway grade crossings.
Sec. 1112. Surface transportation block grant program.
Sec. 1113. Transportation planning.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. National bridge and tunnel inventory and inspection
standards.
Sec. 1116. Construction of ferry boats and ferry terminal facilities.
Sec. 1117. Highway safety improvement program.
Sec. 1118. CMAQ program.
Sec. 1119. Safe streets and roads for all grant program.
Sec. 1120. Territorial and Puerto Rico highway program.
Sec. 1121. HOV facilities.
Sec. 1122. National highway freight and high priority corridor program.
Sec. 1123. Wildlife crossings pilot program.
Sec. 1124. Surface transportation accelerator grant program.
Sec. 1125. Repeal of program.
Sec. 1126. PROTECT program.
Sec. 1127. Codification and improvement of Jason's Law.
Sec. 1128. Consolidated funding pilot program.
Sec. 1129. Registration fee on motor vehicles.
Sec. 1130. Transfer of real property no longer needed.
Sec. 1131. Federal lands and tribal transportation programs.
Sec. 1132. Tribal transportation program.
Sec. 1133. Federal lands transportation program.
Sec. 1134. Federal lands access program.
Sec. 1135. Nationally significant Federal lands and tribal projects
program.
Sec. 1136. Tribal High Priority Projects program.
Sec. 1137. Consolidation of programs.
Sec. 1138. Update to nonmotorized trails definition.
Subtitle B--Improved Project Delivery and Environmental Streamlining
Sec. 1201. Project approval and oversight.
Sec. 1202. Exemption from review.
Sec. 1203. Efficient environmental reviews for project decisionmaking
and One Federal Decision.
Sec. 1204. Reporting program.
Sec. 1205. Termination of environmental review implementation funds
program.
Sec. 1206. Streamlining of environmental document preparation.
Sec. 1207. State and eligible entity assumption of responsibility for
categorical exclusions.
Sec. 1208. Surface transportation project delivery program.
Sec. 1209. Program for eliminating duplication of environmental
reviews.
Sec. 1210. Training and education; best practices.
Sec. 1211. Accelerated decisionmaking in environmental reviews.
Sec. 1212. Aligning Federal environmental reviews.
Sec. 1213. FTA allowance of land acquisition.
Sec. 1214. Categorical exclusion for projects of limited Federal
assistance.
Sec. 1215. Programmatic agreements.
Sec. 1216. Streamlining Tribal categorical exclusions.
Sec. 1217. Streamlining small safety projects.
Sec. 1218. Updates to categorical exclusions for public transportation
projects.
Subtitle C--Miscellaneous
Sec. 1301. Transportation rulemaking committees.
Sec. 1302. Vehicle weight limits.
Sec. 1303. Designation of high priority corridors on National Highway
System.
Sec. 1304. Safety coordinators; determination of reasonable cost.
Sec. 1305. Updates to manual on uniform traffic control devices.
Sec. 1306. Design standards.
Sec. 1307. Modernizing roadside safety hardware devices and
administration policies.
Sec. 1308. Audit of FHWA oversight of roadside safety hardware devices.
Sec. 1309. Interagency bridge strike working group.
Sec. 1310. Bridge clearance best practices.
Sec. 1311. U.S. Congressman and Prisoner of War Sam Johnson Memorial
Highway.
Sec. 1312. Technical assistance for contracting.
Sec. 1313. Preventing anticompetitive bidding practices.
Sec. 1314. Study on effectiveness of discretionary grant programs.
Sec. 1315. Study on effectiveness of formula grant programs.
Sec. 1316. National Academies review of highway systems.
Sec. 1317. Review of State and local consultation processes.
Sec. 1318. Emergency relief working group.
Sec. 1319. Stopping threats on pedestrians.
Sec. 1320. Eliminating unnecessary reporting and requirements.
Sec. 1321. Contracting for engineering and design services.
Sec. 1322. Advancing projects in cold weather States.
Sec. 1323. Interagency working group on roadway management in inclement
weather.
Sec. 1324. Termination of neighborhood access and equity grant program.
Sec. 1325. Task force on developing a 21st century surface
transportation workforce.
Sec. 1326. Study on national commuting trends.
Sec. 1327. Notification on regressive safety targets.
Sec. 1328. Study on domestic availability of yellow paint.
Sec. 1329. Study on corrosion prevention for bridges.
Sec. 1330. Funding Federal-aid Highways guidance.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 2001. Infrastructure finance.
Sec. 2002. Emergency loan relief due to major disaster.
Sec. 2003. Personnel management authority.
Sec. 2004. Study on establishment of Federal Infrastructure Bank.
TITLE III--PUBLIC TRANSPORTATION
Subtitle A--Reforms
Sec. 3001. Purpose and declaration of policy.
Sec. 3002. Definitions.
Sec. 3003. Transportation planning.
Sec. 3004. Planning programs.
Sec. 3005. Urbanized area formula grants.
Sec. 3006. Consolidated State block grant program.
Sec. 3007. Fixed guideway capital investment grants.
Sec. 3008. Formula grants for enhanced mobility of seniors and
individuals with disabilities.
Sec. 3009. Formula grants for rural areas.
Sec. 3010. Technical assistance and workforce development.
Sec. 3011. Bus testing facility.
Sec. 3012. Crime prevention and security.
Sec. 3013. General provisions.
Sec. 3014. Public transportation emergency relief program.
Sec. 3015. Contract requirements.
Sec. 3016. Transit asset management.
Sec. 3017. Project management oversight.
Sec. 3018. Public transportation safety program.
Sec. 3019. Administrative provisions.
Sec. 3020. National transit database.
Sec. 3021. Apportionment of appropriations for urbanized area formula
grants.
Sec. 3022. State of good repair grants.
Sec. 3023. Authorizations.
Sec. 3024. Grants for buses, bus facilities, and ferries.
Sec. 3025. Apportionments based on growing States and high density
States formula factors.
Subtitle B--Miscellaneous
Sec. 3101. Definitions.
Sec. 3102. Protecting bus operators from risk of assault.
Sec. 3103. Spare ratio modification.
Sec. 3104. Special rule for certain transportation services.
Sec. 3105. Innovative procurement.
Sec. 3106. Transit award management system improvement.
Sec. 3107. Public transit first aid and emergency medical kit equipment
and training.
Sec. 3108. Improving transparency in certain urbanized areas.
Sec. 3109. Extension of capital and preventive maintenance grants to
Washington Metropolitan Area Transit
Authority.
Sec. 3110. GAO assessment of project contingency amounts.
Sec. 3111. GAO report on universal design to improve accessibility.
Sec. 3112. GAO study and report on National Transit Database data
quality.
Sec. 3113. GAO study on transit system rider safety.
Sec. 3114. GAO study on CIG data collection and reporting requirements.
Sec. 3115. GAO assessment of paratransit software and technologies.
Subtitle C--Reorganization and Consolidation of Chapter 53
Sec. 3201. Transfer of certain sections in chapter 53 of title 49,
United States Code.
Sec. 3202. Front matter of chapter 53 of title 49, United States Code.
Sec. 3203. Amendments to chapter 53 of title 49, United States Code, as
amended by section 3202 of this Act.
Sec. 3204. Conforming amendments.
TITLE IV--HIGHWAY SAFETY
Sec. 4001. Authorization of appropriations.
Sec. 4002. Consolidation and enhancement of highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. Protection of safety data.
Sec. 4006. Annual reporting requirements.
Sec. 4007. Coordination of Federal highway and traffic safety programs.
Sec. 4008. Highway safety program effectiveness transportation
rulemaking committee.
Sec. 4009. Establishment of roadway worker protection interagency
working group.
Sec. 4010. Motorcycle Advisory Council.
Sec. 4011. Motorcycle checkpoint funding.
Sec. 4012. Pulsating light systems.
Sec. 4013. Minimally obstructed forward-facing view in motorcoaches.
Sec. 4014. Revision of student safety guidelines.
Sec. 4015. Micromobility safety.
Sec. 4016. GAO study on highway safety data quality.
TITLE V--MOTOR CARRIERS
Subtitle A--General Provisions
Sec. 5001. Authorization of appropriations.
Sec. 5002. Improvements to enforcement training and support grant
program.
Sec. 5003. Maintenance of effort.
Sec. 5004. Amendments to commercial motor vehicle operators grant
program.
Sec. 5005. Terms and conditions for exemptions.
Sec. 5006. Broker qualifications.
Sec. 5007. Motor carrier complaints.
Sec. 5008. Cabotage study.
Subtitle B--Commercial Motor Vehicle Operators
Sec. 5101. Predatory commercial motor vehicle lease-purchase agreement
programs oversight.
Sec. 5102. Restroom access.
Sec. 5103. Application of commercial motor vehicle safety.
Sec. 5104. Extension of apprenticeship pilot program.
Sec. 5105. Codification of exemption.
Sec. 5106. Modernization of farm-related service industries restricted
commercial driver's licenses.
Sec. 5107. Implements of husbandry compilation.
Sec. 5108. Pre-trip vehicle inspection testing waiver.
Sec. 5109. Modifications to certain commercial driver's license
regulations.
Subtitle C--Commercial Motor Vehicle Safety
Sec. 5201. Motor carrier safety advisory committee.
Sec. 5202. Electronic logging device certification.
Sec. 5203. Safety performance history screening and DataQs improvement.
Sec. 5204. Noncompliant training entities.
Sec. 5205. Drug and alcohol clearinghouse fees.
Sec. 5206. Federal hair testing guidelines.
Sec. 5207. Drug and alcohol testing compliance.
Sec. 5208. Fatal truck crash drug and substance abuse testing
accountability.
Sec. 5209. Review of New Entrant Safety Assurance Program.
Sec. 5210. New entrant registration standards transportation rulemaking
committee.
Sec. 5211. Beyond compliance.
Subtitle D--Household Goods Shipping Consumer Protection Reform
Sec. 5301. Administrative assessment of civil penalties for violations
of commercial regulations.
Sec. 5302. State use of grant funds for commercial enforcement and
consumer protection.
Sec. 5303. State retention of penalties and fines.
Sec. 5304. Registration requirements.
Sec. 5305. Household goods consumer protection working group.
Subtitle E--Safe Integration of Autonomous Commercial Motor Vehicles
Sec. 5401. Definitions.
Sec. 5402. ADS-equipped commercial motor vehicle interstate operation.
Sec. 5403. Review and preemption of State laws and regulations.
Sec. 5404. Ensuring regulatory flexibility for safety technologies.
Sec. 5405. Regulatory interpretations.
Sec. 5406. National consumer complaint database.
Sec. 5407. Commercial motor vehicle workforce development.
TITLE VI--INNOVATION
Sec. 6001. Strengthening mobility and revolutionizing transportation
grant program.
Sec. 6002. Technology deployment.
Sec. 6003. Strategic innovation for revenue collection.
Sec. 6004. National motor vehicle per-mile user fee pilot.
Sec. 6005. ITS Advisory Committee.
Sec. 6006. Encouraged use of digital platforms.
Sec. 6007. Nontraditional and Emerging Transportation Technology
Council.
Sec. 6008. University transportation centers program.
Sec. 6009. Prohibition related to certain foreign-made LiDAR
technology.
Sec. 6010. Data privacy.
Sec. 6011. Study on adoption and deployment of new and emerging
technologies.
Sec. 6012. Autonomous vehicle accessibility study.
Sec. 6013. GAO study of intelligent transportation systems physical and
cyber vulnerabilities.
Sec. 6014. GAO study and report on automated driving systems safety
assurance.
Sec. 6015. Technical assistance.
TITLE VII--FREIGHT AND MULTIMODAL TRANSPORTATION PROGRAMS
Subtitle A--Freight Policy
Sec. 7001. National multimodal freight policy.
Sec. 7002. National freight strategic plan.
Sec. 7003. National multimodal freight network.
Sec. 7004. State freight advisory committees.
Sec. 7005. State freight plans.
Sec. 7006. Freight Logistics Optimization Works Program.
Subtitle B--Multimodal Policy and Programs
Sec. 7101. Streamlining positions within Office of the Secretary.
Sec. 7102. Council on Credit and Finance transparency.
Sec. 7103. Amendments to working capital fund.
Sec. 7104. Transportation assistance for international games.
Sec. 7105. National infrastructure project assistance.
Sec. 7106. Local and regional project assistance.
Sec. 7107. National culvert removal, replacement, and restoration grant
program.
Sec. 7108. Rural and Tribal infrastructure advancement pilot extension.
Sec. 7109. Advisory committee on cargo theft and freight fraud.
TITLE VIII--MISCELLANEOUS
Sec. 8001. Title 23 technical corrections.
Sec. 8002. Title 49 technical corrections.
TITLE IX--SPORT FISHING AND RECREATIONAL BOATING SAFETY
Sec. 9001. Division of annual appropriations.
Sec. 9002. Funding for interstate fisheries commission activities.
Sec. 9003. Boating infrastructure priorities.
TITLE X--RAILROADS AND HAZARDOUS MATERIALS
Subtitle A--Authorization of Appropriations and Grant Reforms
Sec. 10101. Grants to Amtrak.
Sec. 10102. Federal Railroad Administration.
Sec. 10103. Competitive grants.
Sec. 10104. Consolidated rail infrastructure and safety improvements.
Sec. 10105. Railroad crossing safety improvements and elimination
program.
Sec. 10106. National intercity passenger railroad partnership program.
Sec. 10107. Corridor identification and development program.
Sec. 10108. Emergency relief.
Sec. 10109. Amtrak Office of Inspector General.
Subtitle B--Amtrak Reforms
Sec. 10201. Amtrak economic performance.
Sec. 10202. Amtrak transparency and accountability for passengers and
taxpayers.
Sec. 10203. Implementing Amtrak Office of Inspector General
recommendations to address infrastructure
backlog.
Sec. 10204. Amtrak executive bonus disclosure.
Sec. 10205. Amtrak and intercity passenger rail workforce assault
prevention and response plans.
Sec. 10206. Baby changing table requirements on Amtrak trains.
Sec. 10207. Report on Amtrak long-distance equipment maintenance costs.
Sec. 10208. Inspector general review of Amtrak accounting and reporting
practices.
Sec. 10209. Amtrak annual reporting.
Sec. 10210. Invoices and reports.
Sec. 10211. State-supported cost and service policy.
Sec. 10212. GAO study on Amtrak customer experience.
Sec. 10213. GAO study on Amtrak service to privately owned rail cars.
Sec. 10214. The Donald M. Payne, Jr. Transit Center at Newark Penn
Station.
Sec. 10215. Public notice and comment on Amtrak's corporate structure.
Sec. 10216. GAO examination of international passenger rail.
Sec. 10217. Food and beverage service.
Subtitle C--Passenger Rail Policy
Sec. 10301. Intercity passenger rail equipment pools.
Sec. 10302. California High-Speed Rail working group.
Sec. 10303. Route-specific reports.
Sec. 10304. Study on commuter rail passenger transportation and
transfers.
Sec. 10305. Adjustment of liability cap.
Subtitle D--Rail Safety and Innovation
Sec. 10401. Rail bridge safety.
Sec. 10402. Public availability of federally funded data.
Sec. 10403. Safety culture grant program.
Sec. 10404. Improved supporting information transparency and using
performance-based regulations during
rulemaking.
Sec. 10405. Installation of image recording devices.
Sec. 10406. Membership of National Domestic Preparedness Consortium.
Sec. 10407. Preventing tampering with wayside defect detectors.
Sec. 10408. Rail technology and asset pilot program.
Sec. 10409. Vent and burn report updates.
Sec. 10410. Rail freight cargo security assessment.
Sec. 10411. 50-year rule revision.
Sec. 10412. Self-contained propelled freight vehicle.
Sec. 10413. Railroad Safety Advisory Committee evaluation of National
Academies of Sciences, Engineering, and
Medicine findings.
Sec. 10414. Blocked crossings.
Sec. 10415. Civil penalties.
Sec. 10416. Pressure relief devices.
Sec. 10417. Federal Railroad Administration safety workforce.
Sec. 10418. FRA safety inspector and specialist review.
Sec. 10419. Federal Railroad Administration safety culture.
Sec. 10420. Confidential close call reporting.
Sec. 10421. Wayside employee protection.
Sec. 10422. Safety enforcement transparency.
Sec. 10423. Reports on highway-rail grade crossing safety and
trespasser prevention.
Sec. 10424. Locomotive engineer training.
Sec. 10425. Assessment of track safety.
Sec. 10426. Review of train dispatching technologies.
Sec. 10427. Incident investigation review.
Sec. 10428. Review of risk reduction program plans.
Sec. 10429. Railroad Safety Advisory Committee.
Sec. 10430. Safety reporting extension.
Subtitle E--Project Delivery
Sec. 10501. Pre-award authority.
Sec. 10502. Categorical exclusions for projects in existing operational
rights-of-way.
Sec. 10503. Additional categorical exclusions.
Sec. 10504. State-railroad infrastructure project coordination and
process standardization working group.
Sec. 10505. Rail project advance acquisition.
Sec. 10506. Direct loans and loan guarantees.
Sec. 10507. Veteran to supply chain employee action plan.
Sec. 10508. Lead agency for environmental review purposes.
Sec. 10509. Environmental review determination.
Sec. 10510. Expedited consultation process.
Sec. 10511. Technical assistance.
Sec. 10512. Amendment to allow RRIF direct loans to be structured as
interest-only loan.
Sec. 10513. Use of certain grant funds to pay RRIF credit risk
premiums.
Sec. 10514. Amendment to establish alternative credit assessment
pathway for RRIF loan applicants.
Sec. 10515. Railroad rehabilitation and improvement financing program
authorization of appropriations.
Subtitle F--Hazardous Materials Transportation
Sec. 10601. Authorization of appropriations.
Sec. 10602. Hazardous materials registration fees.
Sec. 10603. Hazardous materials safety training grants.
Sec. 10604. Incorporation of special permits into hazardous materials
regulations.
Sec. 10605. Harmonization of safety regulations.
Sec. 10606. Regulation of foreign manufacturers of cylinders used in
transporting hazardous materials.
Sec. 10607. Safety placards.
Sec. 10608. Study on limited commercial driver's license hazardous
materials endorsements.
Sec. 10609. Real-time train consist information rulemaking evaluation.
Sec. 10610. Study on exception for intrastate transportation of diesel
fuel in support of logging or timber
operations.
Sec. 10611. Safer tank cars.
Sec. 10612. Requirements for safe transport of lithium-ion batteries.
Sec. 10613. Innovative thermal run-away suppression strategies.
SEC. 2. DEFINITIONS.
In this Act:
(1) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(2) Department.--Unless otherwise specified, the term
``Department'' means the Department of Transportation.
(3) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Transportation.
SEC. 3. EFFECTIVE DATE.
Except as otherwise provided, this Act, including the amendments
made by this Act, shall take effect on October 1, 2026.
SEC. 4. AUTOMATIC EXECUTION OF CONFORMING CHANGES.
(a) Covered Highways Laws.--Section 101 of title 23, United States
Code, is amended by adding at the end the following:
``(f) Automatic Execution of Conforming Changes.--
``(1) In general.--When an amendment to a covered highways
law adds a section or larger organizational unit to the covered
highways law, repeals or transfers a section or larger
organizational unit in the covered highways law, or amends the
designation or heading of a section or larger organizational
unit in the covered highways law, that amendment also shall
have the effect of amending any analysis, table of contents, or
similar tabular entries in the covered highways law to alter
the table to conform to the changes made by the amendment.
``(2) Exceptions.--Paragraph (1) shall not apply to an
amendment described in such paragraph when--
``(A) the amendment or a clerical amendment enacted
at the same time expressly amends a table of sections,
table of contents, or similar tabular entries in the
covered highways law to alter the table to conform to
the changes made by the amendment; or
``(B) the amendment otherwise expressly exempts
itself from the operation of this subsection.
``(3) Covered highways law defined.--In this subsection,
the term `covered highways law' means--
``(A) this title;
``(B) any Act that authorizes amounts to be
appropriated out of the Highway Trust Fund; or
``(C) any other law designated in the text thereof
as a covered highways law for purposes of application
of this subsection.''.
(b) Purpose and Automatic Execution of Conforming Changes.--Section
101 of title 49, United States Code, is amended--
(1) in the section heading by inserting ``; automatic
execution of conforming changes'' after ``Purpose''; and
(2) by adding at the end the following:
``(c) Automatic Execution of Conforming Changes.--
``(1) In general.--When an amendment to a covered
transportation law adds a section or larger organizational unit
to the covered transportation law, repeals or transfers a
section or larger organizational unit in the covered
transportation law, or amends the designation or heading of a
section or larger organizational unit in the covered
transportation law, that amendment also shall have the effect
of amending any analysis, table of contents, or similar tabular
entries in the covered transportation law to alter the table to
conform to the changes made by the amendment.
``(2) Exceptions.--Paragraph (1) shall not apply to an
amendment described in such paragraph when--
``(A) the amendment or a clerical amendment enacted
at the same time expressly amends a table of sections,
table of contents, or similar tabular entries in the
covered transportation law to alter the table to
conform to the changes made by the amendment; or
``(B) the amendment otherwise expressly exempts
itself from the operation of this subsection.
``(3) Covered transportation law.--In this subsection, the
term `covered transportation law' means--
``(A) this title;
``(B) any Act that authorizes amounts to be
appropriated out of the Airport and Airway Trust Fund;
or
``(C) any other law designated in the text thereof
as a covered transportation law for purposes of
application of this subsection.''.
(c) Application of Amendments.--Section 101(f) of title 23, United
States Code, as added by subsection (a), and section 101(c) of title
49, United States Code, as added by subsection (b), shall apply to the
amendments made by this section and other amendments made by this Act.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the surface transportation block grant program
under section 133 of such title, section 134 of such title, the
highway safety improvement program under section 148 of such
title, the congestion mitigation and air quality improvement
program under section 149 of such title, and the national
highway freight and highway priority corridor program of
section 167 of such title--
(A) $56,934,650,000 for fiscal year 2027;
(B) $57,532,010,000 for fiscal year 2028;
(C) $58,690,676,200 for fiscal year 2029;
(D) $59,785,644,724 for fiscal year 2030; and
(E) $60,943,911,618 for fiscal year 2031.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $250,000,000 for each of
fiscal years 2027 through 2031.
(3) Bridge program.--To carry out the grants for rebuilding
America's vital engineering structures program under section
124(a) of title 23, United States Code, $9,200,000,000 for each
of fiscal years 2027 through 2031.
(4) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code--
(i) $643,000,000 for fiscal year 2027;
(ii) $657,000,000 for fiscal year 2028;
(iii) $671,000,000 for fiscal year 2029;
(iv) $686,000,000 for fiscal year 2030; and
(v) $701,000,000 for fiscal year 2031.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands
transportation program under section 203 of
title 23, United States Code--
(I) $464,000,000 for fiscal year
2027;
(II) $472,000,000 for fiscal year
2028;
(III) $480,000,000 for fiscal year
2029;
(IV) $488,000,000 for fiscal year
2030; and
(V) $496,000,000 for fiscal year
2031.
(ii) Allocation.--Of the amount made
available for a fiscal year under clause (i)--
(I) the amount for the National
Park Service is--
(aa) $365,000,000 for
fiscal year 2027;
(bb) $370,500,000 for
fiscal year 2028;
(cc) $376,000,000 for
fiscal year 2029;
(dd) $381,500,000 for
fiscal year 2030; and
(ee) $387,500,000 for
fiscal year 2031;
(II) the amount for the United
States Fish and Wildlife Service is
$42,000,000 for each of fiscal years
2027 through 2031; and
(III) the amount for the Forest
Service is--
(aa) $29,500,000 for fiscal
year 2027;
(bb) $31,000,000 for fiscal
year 2028;
(cc) $32,500,000 for fiscal
year 2029;
(dd) $34,000,000 for fiscal
year 2030; and
(ee) $35,500,000 for fiscal
year 2031.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code--
(i) $314,000,000 for fiscal year 2027;
(ii) $320,000,000 for fiscal year 2028;
(iii) $326,000,000 for fiscal year 2029;
(iv) $332,000,000 for fiscal year 2030; and
(v) $338,000,000 for fiscal year 2031.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code--
(A) $242,200,000 for fiscal year 2027;
(B) $247,400,000 for fiscal year 2028;
(C) $252,600,000 for fiscal year 2029;
(D) $257,800,000 for fiscal year 2030; and
(E) $263,000,000 for fiscal year 2031.
(b) Other Programs.--
(1) Highway trust fund.--The following amounts are
authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(A) Safe streets and roads for all program.--To
carry out the safe streets and roads for all program
under section 155 of title 23, United States Code--
(i) $500,000,000 for fiscal year 2027;
(ii) $625,000,000 for fiscal year 2028;
(iii) $750,000,000 for fiscal year 2029;
(iv) $875,000,000 for fiscal year 2030; and
(v) $1,000,000,000 for fiscal year 2031.
(B) Surface transportation accelerator grant
program.--To carry out the surface transportation
accelerator grant program under section 173 of title
23, United States Code, $2,400,000,000 for each of
fiscal years 2027 through 2031.
(C) PROTECT grants.--To carry out subsection (d) of
the PROTECT program under section 176 of title 23,
United States Code, $500,000,000 for each of fiscal
years 2027 through 2031.
(D) Nationally significant federal lands and tribal
projects.--
(i) In general.--To carry out the
nationally significant Federal lands and tribal
projects program under section 1123 of the FAST
Act (23 U.S.C. 201 note; Public Law 114-94),
$55,000,000 for each of fiscal years 2027
through 2031.
(ii) Treatment.--Amounts made available
under clause (i) shall be available for
obligation in the same manner as if those
amounts were apportioned under chapter 1 of
title 23, United States Code.
(2) General fund.--
(A) Nationally significant multimodal freight and
highway projects.--There is authorized to be
appropriated to carry out the nationally significant
multimodal freight and highway projects program under
section 117 of title 23, United States Code,
$1,200,000,000 for each of fiscal years 2027 through
2031.
(B) Bridge completion program.--There is authorized
to be appropriated to carry out the bridge completion
program under section 124(b) of title 23, United States
Code, $2,000,000,000 for each of fiscal years 2027
through 2031.
(c) Research, Technology, and Education Authorizations.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Highway research and development program.--To
carry out section 503(b) of title 23, United States
Code--
(i) $149,940,000 for fiscal year 2027;
(ii) $152,938,800 for fiscal year 2028;
(iii) $155,997,576 for fiscal year 2029;
(iv) $159,117,528 for fiscal year 2030; and
(v) $162,299,878 for fiscal year 2031.
(B) Technology and innovation deployment.--To carry
out section 503(c) of title 23, United States Code--
(i) $112,200,000 for fiscal year 2027;
(ii) $114,444,000 for fiscal year 2028;
(iii) $116,732,880 for fiscal year 2029;
(iv) $119,067,538 for fiscal year 2030; and
(v) $121,448,888 for fiscal year 2031.
(C) Training and education.--To carry out section
504 of title 23, United States Code--
(i) $26,520,000 for fiscal year 2027;
(ii) $27,050,400 for fiscal year 2028;
(iii) $27,591,408 for fiscal year 2029;
(iv) $28,143,236 for fiscal year 2030; and
(v) $28,706,101 for fiscal year 2031.
(D) Intelligent transportation systems program.--To
carry out sections 512 through 518 of title 23, United
States Code--
(i) $112,200,000 for fiscal year 2027;
(ii) $114,444,000 for fiscal year 2028;
(iii) $116,732,880 for fiscal year 2029;
(iv) $119,067,538 for fiscal year 2030; and
(v) $121,448,888 for fiscal year 2031.
(E) University transportation centers program.--To
carry out section 5505 of title 49, United States
Code--
(i) $83,640,000 for fiscal year 2027;
(ii) $85,312,800 for fiscal year 2028;
(iii) $87,019,056 for fiscal year 2029;
(iv) $88,759,437 for fiscal year 2030; and
(v) $90,534,626 for fiscal year 2031.
(F) Bureau of transportation statistics.--To carry
out chapter 63 of title 49, United States Code--
(i) $27,250,000 for fiscal year 2027;
(ii) $27,500,000 for fiscal year 2028;
(iii) $27,750,000 for fiscal year 2029;
(iv) $28,000,000 for fiscal year 2030; and
(v) $28,250,000 for fiscal year 2031.
(2) Administration.--The Administrator of the Federal
Highway Administration shall--
(A) administer the programs described in
subparagraphs (A), (B), and (C) under paragraph (1);
and
(B) in consultation with relevant modal
administrations, administer the programs described in
paragraph (1)(D).
(3) Applicability of title 23, united states code.--Amounts
authorized to be appropriated by paragraph (1) shall--
(A) be available for obligation in the same manner
as if those funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal
share of the project or activity carried out using
those funds shall be 80 percent, unless otherwise
expressly provided by this Act (including the
amendments made by this Act) or otherwise determined by
the Secretary; and
(B) remain available until expended and are not
transferable, except as otherwise provided by this Act.
(d) Pilot Programs.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Wildlife crossings.--For the wildlife crossings pilot
program under section 171 of title 23, United States Code,
$80,000,000 for each of fiscal years 2027 through 2031.
(2) Truck parking.--For the truck parking pilot program
under section 180 of title 23, United States Code, $150,000,000
for each of fiscal years 2027 through 2031.
(e) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to
the establishment of the disadvantaged business
enterprise program, social and economic disadvantage
and related barriers continue to pose significant
obstacles for businesses owned by socially and
economically disadvantaged individuals seeking to do
business in federally assisted surface transportation
markets across the United States;
(B) the continuing barriers described in
subparagraph (A) merit the continuation of the
disadvantaged business enterprise program;
(C) Congress has received and reviewed
documentation of the effects of social and economic
disadvantage on individuals seeking to do business in
federally assisted surface transportation markets from
numerous sources, including congressional hearings and
roundtables, scientific and other reports, news
stories, written statements of barriers to
participation by disadvantaged business owners, and
related lawsuits, which show that efforts that fail to
specifically consider socially and economically
disadvantaged individuals are insufficient to address
the problem;
(D) the documentation described in subparagraph (C)
demonstrates that barriers remain for the full and fair
participation in surface transportation-related
businesses of socially and economically disadvantaged
business owners and has impacted firm development and
many aspects of surface transportation-related business
in the public and private markets; and
(E) the documentation described in subparagraph (C)
provides a strong basis that there is a compelling need
for the continuation of the disadvantaged business
enterprise program.
(2) Small business concern defined.--In this subsection:
(A) In general.--The term ``small business
concern'' means a small business concern (as the term
is used in section 3 of the Small Business Act (15
U.S.C. 632)).
(B) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or individuals
that have average annual gross receipts during the
preceding 3 fiscal years in excess of $31,840,000, as
adjusted annually by the Secretary for inflation.
(3) Amounts for small business concerns.--A national,
aspirational goal of not less than 10 percent of the amounts
made available for any program under titles I, II, III, and VI
of this Act and section 403 of title 23, United States Code,
shall be set for expenditure through good faith efforts by
recipients of Federal financial assistance through small
business concerns owned and controlled by socially and
economically disadvantaged individuals.
(4) Development of objective criteria.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop and publish objective criteria to establish how
State governments and unified certification programs
will evaluate whether an individual qualifies as
socially and economically disadvantaged under the
program.
(B) Considerations.--The criteria developed under
subparagraph (A)--
(i) shall include the ability for an
individual to demonstrate social and economic
disadvantage by submitting evidence that would
support a finding of the types of
discrimination prohibited under Federal law;
and
(ii) shall include the ability for an
individual to submit evidence of specific
instances of economic hardship, systemic
barriers, and denied opportunities that impeded
the individual from achieving educational
progress or success, employment opportunities,
or business opportunities (including access to
capital).
(C) Periodic revision.--The Secretary may
periodically revise the objective criteria developed
under subparagraph (A).
(5) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State,
including the location of the small business concerns
in the State;
(B) notify the Secretary, in writing, of the number
of new small business concerns that have been certified
in the State in the previous year; and
(C) provide the Secretary with such other
information as the Secretary may require regarding the
administration of the disadvantaged business enterprise
program.
(6) Uniform certification.--
(A) In general.--The Secretary shall establish
minimum uniform criteria for use by State governments
in certifying whether a concern qualifies as a small
business concern for the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of
principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(7) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements;
(B) the process utilized and progress made by each
unified certification program in the State to evaluate
and recertify or decertify a small business concern
under the criteria set by the Secretary, including
periodic revision of the criteria for certification;
(C) the number of existing small business concerns
recertified or decertified in fiscal years 2026 through
2031; and
(D) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(8) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under titles I, II, III, and VI of
this Act and section 403 of title 23, United States Code, if
the entity or person is prevented, in whole or in part, from
complying with paragraph (3) because a Federal court issues a
final order in which the court finds that a requirement or the
implementation of paragraph (3) is unconstitutional.
(9) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary should take additional steps to
ensure that recipients comply with section 26.29 of
title 49, Code of Federal Regulations (the
disadvantaged business enterprises prompt payment
rule), or any corresponding regulation, in awarding
federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing
the Department's ability to track and keep records of
complaints and to make that information publicly
available.
(f) Grant Conditions.--The Secretary may not terminate, withhold,
or delay the execution of a grant agreement for a grant or award (in
part or in whole) made using funds made available under this Act (or an
amendment made by this Act) on the basis that the grant or award no
longer effectuates non-statutory program goals or agency priorities,
including pursuant to section 200.340(a)(4) of title 2, Code of Federal
Regulations.
SEC. 1102. OBLIGATION LIMITATION.
(a) General Limitation.--Subject to subsection (e) and
notwithstanding any other provision of law, the obligations for the
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $72,270,000,000 for fiscal year 2027;
(2) $73,045,000,000 for fiscal year 2028;
(3) $74,382,000,000 for fiscal year 2029;
(4) $75,657,000,000 for fiscal year 2030; and
(5) $76,996,000,000 for fiscal year 2031.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of the SAFETEA-LU (23 U.S.C. 118 note),
to the extent that funds obligated in accordance with such
section were not subject to a limitation on obligations at the
time at which the funds were initially made available for
obligation;
(12) section 119 of title 23, United States Code (as in
effect for fiscal years 2013 through 2015, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in
effect for fiscal years 2016 through 2021, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(14) section 119 of title 23, United States Code (as in
effect for fiscal years 2022 through 2026, but only in an
amount equal to $639,000,000 for each of those fiscal years);
and
(15) section 119 of title 23, United States Code (as in
effect for fiscal years 2027 through 2031, but only in an
amount equal to $639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2027 through 2031, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for the Federal-
aid highway and highway safety construction programs
for previous fiscal years the funds for which are
allocated by the Secretary (or apportioned by the
Secretary under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in
a previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of the
amount not distributed under paragraphs (1) and (2) of
this subsection; bears to
(B) the total of sums authorized to be appropriated
for the Federal-aid highway and highway safety
construction programs (other than sums authorized to be
appropriated for provisions of law described in
paragraphs (1) through (14) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(15) for the fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs (other
than programs to which paragraph (1) applies) that are
allocated by the Secretary under this Act and title 23, United
States Code, or apportioned by the Secretary under section 202
or 204 of such title, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year;
(5) subject to paragraph (6), shall distribute the
obligation authority provided by subsection (a), less the
aggregate amount not distributed under paragraphs (1) and (2)
and the amounts distributed under paragraph (4), for the
Federal-aid highway and highway safety construction programs
that are apportioned by the Secretary under title 23, United
States Code (other than the amounts apportioned for the
national highway performance program in section 119 of title
23, United States Code, that are exempt from limitation under
subsection (b)(15) and the amounts apportioned under sections
202 and 204 of such title) in the proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
State Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
the fiscal year; and
(6) of the amounts calculated for a State under paragraph
(5), distribute to any direct recipient designated under
section 1113(d) located in such State, or proportionally
located in such State--
(A) for a direct recipient located in 1 State, an
amount of obligation authority described in section
1113(d)(4)(B); or
(B) for a direct recipient located in more than 1
State, a proportional amount of obligation authority
described in section 1113(d)(4)(B).
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2027 through 2031--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during the fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during the fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under section
104 of title 23, United States Code, and paragraph (1) under
the heading ``Highway Infrastructure Program'' in title VIII of
division J of the Infrastructure Investment and Jobs Act (135
Stat. 1420), commonly referred to as the ``Bridge Formula
Program''.
(e) Applicability of Obligation Limitations to Certain Programs.--
(1) Transportation research programs.--
(A) In general.--Except as provided in subparagraph
(B), obligation limitations imposed by subsection (a)
shall apply to contract authority for transportation
research programs carried out under chapter 5 of title
23, United States Code.
(B) Exception.--Obligation authority made available
under subparagraph (A) shall--
(i) remain available for a period of 4
fiscal years; and
(ii) be in addition to the amount of any
limitation on obligations for the Federal-aid
highway and highway safety construction
programs for future fiscal years.
(2) Direct recipient metropolitan planning organizations.--
(A) In general.--Except as provided in subparagraph
(B), obligation limitations imposed by subsection (a)
shall apply to contract authority apportioned under
section 104(b)(6) of title 23, United States Code, that
is directly allocated under section 1113(d)(4)(B) of
this Act to a direct recipient designated under such
section.
(B) Exception.--Obligation authority made available
under subparagraph (A) shall--
(i) remain available for a period of 2
fiscal years; and
(ii) be in addition to the amount of any
limitation imposed on obligations for Federal-
aid highway and highway safety construction
programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2027 through 2031, the Secretary shall
distribute to the States any funds (excluding funds authorized
for the program under section 202 of title 23, United States
Code) that--
(A) are authorized to be appropriated for the
fiscal year for the Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for the fiscal
year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 1103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) in paragraph (18) by striking ``and traffic control
centers'' and inserting ``, traffic control centers, and backup
power systems for traffic control devices and systems'';
(2) by redesignating paragraphs (6) through (36) as
paragraphs (7) through (37), respectively; and
(3) by inserting after paragraph (5) the following:
``(6) Digital infrastructure.--The term `digital
infrastructure' means public and private technology assets,
including advanced digital construction management systems and
related technology, that create, exchange, secure, or use data,
including communications systems, servers, routers, hardware,
sensors, and software applications.''.
SEC. 1104. APPORTIONMENT.
Section 104 of title 23, United States Code, is amended--
(1) in subsection (a)(1) by striking subparagraphs (A)
through (E) and inserting the following:
``(A) $478,000,000 for fiscal year 2027;
``(B) $487,500,000 for fiscal year 2028;
``(C) $497,500,000 for fiscal year 2029;
``(D) $508,000,000 for fiscal year 2030; and
``(E) $519,000,000 for fiscal year 2031.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``and high priority
corridor'' after ``national highway freight'';
and
(ii) by striking ``the carbon reduction
program under section 175, to carry out
subsection (c) of the PROTECT program under
section 176,'';
(B) in paragraph (1) by striking ``59.0771195921461
percent'' and inserting ``62 percent'';
(C) in paragraph (2) by striking ``28.7402203421251
percent'' and inserting ``31 percent'';
(D) in paragraph (3) by striking ``6.70605141316253
percent'' and inserting ``7 percent'';
(E) in paragraph (4)--
(i) in subparagraph (B) by striking ``shall
be'' and all that follows through ``for fiscal
year 2026.'' and inserting ``shall be--
``(i) $2,890,000,000 for fiscal year 2027;
``(ii) $2,920,000,000 for fiscal year 2028;
``(iii) $3,010,000,000 for fiscal year
2029;
``(iv) $3,070,000,000 for fiscal year 2030;
and
``(v) $3,130,000,000 for fiscal year
2031.''; and
(ii) in subparagraph (C) by striking
``fiscal year 2020'' and inserting ``fiscal
year 2026'' each place it appears;
(F) in paragraph (5)--
(i) in the paragraph heading by inserting
``and high priority corridor'' after ``national
highway freight'';
(ii) by inserting ``and high priority
corridor'' after ``national highway freight''
each place it appears; and
(iii) in subparagraph (B) by striking
clauses (i) through (v) and inserting the
following:
``(i) $1,550,000,000 for fiscal year 2027;
``(ii) $1,600,000,000 for fiscal year 2028;
``(iii) $1,650,000,000 for fiscal year
2029;
``(iv) $1,700,000,000 for fiscal year 2030;
and
``(v) $1,750,000,000 for fiscal year
2031.'';
(G) in paragraph (6)--
(i) in subparagraph (B) by striking clauses
(i) through (v) and inserting the following:
``(i) $520,000,000 for fiscal year 2027;
``(ii) $540,000,000 for fiscal year 2028;
``(iii) $560,000,000 for fiscal year 2029;
``(iv) $580,000,000 for fiscal year 2030;
and
``(v) $600,000,000 for fiscal year 2031.'';
and
(ii) in subparagraph (C) by striking
``fiscal year 2020'' and inserting ``fiscal
year 2026'' each place it appears; and
(H) by striking paragraphs (7) and (8);
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``fiscal year 2022'' and
inserting ``fiscal year 2027'';
(ii) in subparagraph (A)(ii)(I) by striking
``fiscal year 2021'' and inserting ``fiscal
year 2026''; and
(iii) in subparagraph (B) by striking
``that is'' and all that follows through ``the
previous fiscal year.'' and inserting ``that is
equal to at least 95 percent of the estimated
tax payments attributable to highway users in
the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the
most recent fiscal year for which data is
available.''; and
(B) in paragraph (2)--
(i) by striking ``fiscal year 2022'' and
inserting ``fiscal year 2027'';
(ii) by inserting ``and high priority
corridor'' after ``national highway freight'';
and
(iii) by striking ``the carbon reduction
program under section 175, to carry out
subsection (c) of the PROTECT program under
section 176,''; and
(4) in subsection (h)--
(A) by inserting ``and high priority corridor''
after ``national highway freight''; and
(B) by striking ``the carbon reduction program
under section 175, to carry out subsection (c) of the
PROTECT program under section 176,''.
SEC. 1105. NATIONALLY SIGNIFICANT MULTIMODAL FREIGHT AND HIGHWAY
PROJECTS.
Section 117 of title 23, United States Code, is amended--
(1) in subsection (c)(1)(B) by striking ``200,000'' and
inserting ``50,000'';
(2) in subsection (d)(1)(A)--
(A) in clause (ii) by striking ``including'' and
all that follows through ``national scenic area;'' and
inserting ``including a project to add capacity to the
Interstate System to improve mobility;'';
(B) by striking clause (v); and
(C) by redesignating clauses (vi) through (viii) as
clauses (v) through (vii), respectively;
(3) in subsection (e)--
(A) in paragraph (1) by striking ``15 percent'' and
inserting ``10 percent''; and
(B) in paragraph (2) by striking ``$5,000,000'' and
inserting ``$10,000,000'';
(4) in subsection (f)(2) by striking ``for the purpose of
improving habitat for aquatic species'' and inserting ``that is
eligible under section 176(d) of title 23'';
(5) in subsection (n)--
(A) by striking ``Notification.-- (1) in general.--
Not later than 60 days'' and inserting
``Notification.--Not later than 3 days'';
(B) by striking paragraph (2); and
(C) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(6) in subsection (p) by striking paragraph (3);
(7) in subsection (q)--
(A) in paragraph (3)(A) by inserting ``and except
as provided in paragraph (7)'' after ``other provision
of law'';
(B) in paragraph (4)(A) by striking
``$150,000,000'' and inserting ``10 percent of such
amounts''; and
(C) by adding at the end the following:
``(7) Limited waiver authority for preapproval risk.--
``(A) Authority.--The Secretary may increase the
Federal share for a project receiving a grant under
this subsection to not more than 100 percent, solely
with respect to eligible costs described in
subparagraph (C), if the Secretary--
``(i) finds that the project that includes
construction activities has not received--
``(I) a final Federal environmental
decision under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
``(II) a Federal, State, or local
permit necessary to commence
construction; and
``(ii) determines that requiring the non-
Federal share prior to such decision or permit
would materially increase the risk of
unreasonable project delay or project
nondelivery.
``(B) Limitations.--The Secretary may exercise the
authority under subparagraph (A)--
``(i) for not more than 5 projects in a
fiscal year; and
``(ii) only to the extent that the
aggregate amount of Federal participation
applied pursuant to subparagraph (A) for the
eligible costs described in subparagraph (C)
does not exceed $30,000,000 for a project.
``(C) Eligible costs.--The authority under this
paragraph may be applied only to nonconstruction costs
the Secretary determines are reasonably necessary to
advance the project to receipt of the approvals
described in subparagraph (A)(i), including planning,
preliminary engineering, environmental review, and
permitting activities.
``(D) Total award.--Nothing in this paragraph shall
be construed to authorize the Secretary to increase the
total amount of a grant awarded under this subsection.
``(E) Notice and report.--Not later than 15 days
prior to exercising authority under this paragraph, the
Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a notification that includes
the basis for the determination under subparagraph (A).
``(F) Oversight and recovery.--
``(i) Limitation.--The Secretary may
exercise the authority under this paragraph
only if the Secretary determines that the
recipient has established appropriate
accounting, internal control, and recordkeeping
procedures to ensure that amounts made
available under this paragraph are used only
for the eligible costs described in
subparagraph (C).
``(ii) Repayment required.--If the
Secretary determines that amounts made
available under this paragraph were expended
for costs that are not eligible under this
paragraph, the Secretary shall require
repayment of such amounts and may take such
other action as the Secretary determines
appropriate under the grant agreement.
``(G) Sunset.--This paragraph shall cease to be
effective on October 1, 2031.''; and
(8) by striking subsection (s).
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
(a) In General.--Section 119(e) of title 23, United States Code, is
amended--
(1) by striking paragraph (5) and inserting the following:
``(5) Requirement for plan.--
``(A) In general.--
``(i) Determination of compliance.--Once
every 2 years, the Secretary shall make a
determination as to whether each State has
developed and implemented a State asset
management plan consistent with this section.
``(ii) Federal share for noncompliant
state.--Notwithstanding section 120, for any
State the Secretary has determined has not
developed and implemented such a plan, the
Federal share payable on account of any project
or activity for which funds are obligated by
the State under this section shall be 65
percent.
``(B) Application.--
``(i) Compliant states.--A determination of
compliance under subparagraph (A) shall apply
until the next recertification date under such
subparagraph and paragraph (6)(B).
``(ii) Noncompliant states.--A
determination of noncompliance under
subparagraph (A) shall apply during the period
beginning on the date of the determination and
ending on the date on which the Secretary
determines that the State is in compliance
pursuant to subparagraph (E)(i).
``(C) Submission.--
``(i) In general.--A State shall submit to
the Secretary information to support a
determination under subparagraph (A) in
conjunction with a submission with respect to
recertification under paragraph (6)(B).
``(ii) Requirements.--For purposes of
subparagraph (A) and paragraph (6)(B), a
submission of a State shall--
``(I) be considered sufficient with
respect to the time period if the
submission is for the most recent year;
and
``(II) for applicable years other
than the most recent year, include a
certification by the State that the
asset management undertaken in such
applicable years by the State meets the
requirements of this subsection.
``(D) Opportunity to cure.--
``(i) In general.--If the Secretary
determines that a State is not in compliance
under subparagraph (A), the Secretary shall
provide to the State--
``(I) a written statement of the
specific actions the Secretary
determines to be necessary for the
State to come into compliance with this
section; and
``(II) a period of not less than 90
days to cure the deficiencies, during
which all penalties and other legal
impacts of a determination of
noncompliance shall be stayed.
``(ii) Extension.--The Secretary, upon
request of a State, may extend the time period
described in clause (i)(II), including the stay
of all penalties and other legal impacts of a
determination of noncompliance.''; and
(2) in paragraph (6) by striking subparagraph (C) and
inserting the following:
``(C) Opportunity to cure.--
``(i) In general.--If the Secretary denies
certification under subparagraph (A), the
Secretary shall provide the State with--
``(I) not less than 90 days to cure
the deficiencies of the plan, during
which time period all penalties and
other legal impacts of a denial of
certification shall be stayed; and
``(II) a written statement of the
specific actions the Secretary
determines to be necessary for the
State to cure the plan.
``(ii) Extension.--The Secretary, upon
request of a State, may extend the time period
described in clause (i)(I), including the stay
of all penalties and other legal impacts of a
denial of certification.''.
(b) Regional Advance Mitigation.--Section 119(g) of title 23,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(ii) by inserting ``and
regional advance mitigation programs'' after ``banks'';
(B) in subparagraph (B)--
(i) by inserting ``and the establishment
of'' after ``contributions to''; and
(ii) by inserting ``, plans, and programs''
after ``efforts''; and
(C) in subparagraph (C)--
(i) by inserting ``and programs'' after
``protection plans''; and
(ii) by inserting ``and advance mitigation
programs'' after ``restoration plans'';
(2) in paragraph (2) by striking ``and plans'' and
inserting ``plans, and programs'' each place it appears; and
(3) in paragraph (3)(B)--
(A) by inserting ``or State- or regionally-
sponsored advance mitigation program'' after ``agency-
sponsored mitigation bank'';
(B) by striking ``funded'' and inserting
``eligible'' each place it appears; and
(C) by inserting ``or advance mitigation program
credits'' after ``credits'' each place it appears.
(c) Regulations Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall revise any regulations
necessary to carry out the amendments made by subsection (a).
SEC. 1107. FEDERAL SHARE.
Section 120(c) of title 23, United States Code, is amended--
(1) in paragraph (1) by striking ``closure'' and inserting
``closure or improvements''; and
(2) by adding at the end the following:
``(5) Metropolitan planning.--Except as otherwise provided
under this title, the Federal share payable for an activity
carried out under section 134 shall be 90 percent.''.
SEC. 1108. BRIDGE PROGRAMS.
(a) In General.--Section 124 of title 23, United States Code, is
amended to read as follows:
``Sec. 124. Grants for rebuilding America's vital engineering
structures program
``(a) State Apportionment Mechanism.--
``(1) In general.--The Secretary shall establish a program
to provide grants to each State in accordance with the
apportionment formula described in paragraph (3) for the
construction of new bridges and to improve the safety,
efficiency, reliability, capacity, and utility of bridges and
other structures in the United States.
``(2) Eligible projects.--
``(A) In general.--Funds apportioned to a State
under this subsection may only be obligated for
projects to construct, replace, rehabilitate, preserve,
protect, expand, or improve--
``(i) a bridge on a public road; or
``(ii) a culvert.
``(B) Costs.--A grant provided for an eligible
project described in subparagraph (A) may be used for--
``(i) development phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
preliminary engineering and design work, and
other preconstruction activities;
``(ii) construction, reconstruction,
rehabilitation, acquisition of real property
(including land related to the project and
improvements to the land), environmental
mitigation, construction contingencies,
acquisition of equipment, and operational
improvements directly related to improving
system performance; and
``(iii) expenses relating to the protection
of a bridge (including as described in section
133(b)(10)).
``(C) Bundling of bridge projects.--Projects
bundled pursuant to section 144(j) shall be considered
eligible under subparagraph (A).
``(3) Apportionment.--
``(A) In general.--Amounts made available to carry
out this subsection for a fiscal year shall be
apportioned among each State as follows:
``(i) $75,000,000 shall be apportioned to
each State.
``(ii) The remainder of amounts not
otherwise distributed under clause (i) shall be
apportioned among each State as follows:
``(I) 25 percent by the proportion
of the total bridge deck area in such
State that bears to the sum of total
bridge deck area in all States.
``(II) 25 percent by the proportion
of the total bridge deck area
classified as in poor condition in such
State that bears to the sum of the
total bridge deck area classified in
poor condition in all States.
``(III) 25 percent by the
proportion of the total bridge deck
area of bridges on the National Highway
System in such State that bears to the
sum of the total National Highway
System bridge deck area in all States.
``(IV) 25 percent by the proportion
of the total bridge deck area of
bridges on the National Highway System
that is classified as in poor condition
in such State that bears to the sum of
the total bridge deck area of bridges
on the National Highway System that is
classified as in poor condition in all
States.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), the Secretary shall adjust the
amounts apportioned to each State to ensure that each
State receives an amount equal to at least the amount
such State received in fiscal year 2026 under paragraph
(1) under the heading `Highway Infrastructure Programs'
in title VIII of division J of the Infrastructure
Investment and Jobs Act (135 Stat. 1420), commonly
referred to as the `Bridge Formula Program'.
``(C) Set aside for off-system bridges.--
``(i) In general.--Except as provided under
clause (ii), of the amounts apportioned to a
State under this paragraph for each fiscal
year, the State shall ensure that not less than
20 percent of such amounts are used for
purposes relating to off-system bridges (as
defined in section 133(f)(1)).
``(ii) Exception.--The Secretary, in
consultation with relevant State and local
officials, may reduce the set aside requirement
for a State under clause (i) if the Secretary
determines that the State has an insufficient
number of projects relating to off-system
bridges.
``(iii) Local consultation.--In determining
the off-system bridges for which amounts shall
be set aside under this subparagraph shall be
used, each State shall consult with, as
applicable, relevant metropolitan planning
organizations, regional transportation planning
organizations, and other non-State owners of
off-system bridges.
``(iv) Inclusion of locally-owned
bridges.--Amounts set aside under subparagraph
(D) that are used for purposes relating to
locally-owned bridges that are off-system
bridges shall count towards the amount required
to be used for off-system bridges by a State
under clause (i).
``(D) Set aside for locally-owned bridges.--
``(i) In general.--Except as provided under
clause (ii), of the amounts apportioned to a
State under this paragraph for each fiscal
year, the State shall set aside not less than
25 percent to fund a competitive process for
locally-owned bridges as described in clause
(iv) of this subparagraph.
``(ii) Exception.--The Secretary, in
consultation with relevant State and local
officials, may reduce the set aside requirement
for a State under clause (i) only if the
Secretary determines that the State has an
insufficient number of projects relating to
locally-owned bridges.
``(iii) Competitive process.--A State
required to obligate funds in accordance with
this subparagraph shall conduct a competitive
process to select projects for funding.
``(iv) Locally-owned bridge defined.--In
this subsection, the term `locally-owned
bridge' means a bridge owned by a county, town,
township, city, municipality, or other local
entity.
``(E) Limitation.--
``(i) In general.--Except as provided in
clause (ii), of the amounts apportioned to a
State under this paragraph for each fiscal
year, the State may use not more than 5 percent
of such amounts for projects that consist
solely of culvert replacement or
rehabilitation.
``(ii) Exception.--The limitation under
clause (i) shall not apply if a State is
required by an injunction issued by a Federal
court to modify or replace culverts.
``(F) National bridge inventory.--For purposes of
determining the amount apportioned to each State
pursuant to subparagraph (A), the Secretary shall
calculate such formula using the most recently
available data from the national bridge inventory
established under section 144(b).
``(G) Non-applicability.--Section 165(b)(3) shall
not apply to amounts apportioned under this subsection.
``(4) Cost share.--The Federal share of the cost of a
project carried out under this subsection shall be determined
in accordance with section 120, except that, in the case of
such a project for an off-system bridge that is a locally-owned
bridge or is owned by a federally-recognized Tribe, the Federal
share shall be 95 percent.
``(5) Transfers.--A State may only transfer amounts
apportioned under this subsection if the Secretary determines
that the State has an insufficient number of eligible projects
for which such amounts may be used.
``(6) Treatment of projects.--Notwithstanding any other
provision of law, a project carried out with amounts
apportioned under this subsection shall be treated as a project
on a Federal-aid highway under this chapter.
``(7) Set aside for tribal transportation facility
bridges.--Of the amounts made available to carry out this
subsection, the Secretary shall set aside 3 percent to carry
out section 202(d).
``(8) Set-aside for culverts.--Of amounts made available to
carry out this subsection, $200,000,000 for each fiscal year
through fiscal year 2031 shall be available to the Secretary,
through the Administrator of the Federal Highway
Administration, to make competitive grants under section 6703
of title 49.
``(9) Reports.--
``(A) Reports to secretary.--
``(i) In general.--Each State that receives
a grant under this section shall submit to the
Secretary, on an annual basis, a report
describing--
``(I) progress made in completing
projects with funds apportioned under
this subsection; and
``(II) the effectiveness of such
projects in reducing the number of
bridges in poor condition and that
require posted weight restrictions.
``(ii) Publication.--The Secretary shall
publish each report submitted under clause (i)
on a publicly available website of the
Secretary.
``(B) Report to congress.--The Secretary shall
submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the
Senate, and make publicly available, an annual report
describing--
``(i) projects carried out under this
subsection;
``(ii) national trends regarding the
condition of bridges, including the
effectiveness of such projects in reducing the
number of bridges in poor condition and that
require posted weight restrictions; and
``(iii) policy recommendations to improve
the effectiveness of the State apportionment
mechanism established under this subsection.
``(b) Bridge Completion Program.--
``(1) In general.--The Secretary shall establish a program
for the purpose of awarding grants, on a competitive basis, to
eligible entities to improve the safety, efficiency,
reliability, capacity, and utility of bridges in the United
States.
``(2) Eligible projects.--
``(A) In general.--A grant provided under this
subsection may only be used for projects to construct,
replace, rehabilitate, preserve, protect, expand, or
improve a bridge on the National Highway System.
``(B) Inclusion.--In this subsection, the term
`eligible project' includes--
``(i) a bundle of projects described in
subparagraph (A), regardless of whether the
bundle of projects meets the requirements of
section 144(j)(5); and
``(ii) a project to replace or rehabilitate
culverts that is eligible under section 176(d).
``(C) Costs.--A grant provided for a project
described in subparagraph (A) may be used for--
``(i) development phase activities,
including planning, feasibility analysis,
revenue forecasting, environmental review,
preliminary engineering and design work, and
other preconstruction activities;
``(ii) construction, reconstruction,
rehabilitation, acquisition of real property
(including land related to the project and
improvements to the land), environmental
mitigation, construction contingencies,
acquisition of equipment, and operational
improvements directly related to improving
system performance; and
``(iii) expenses related to the protection
of a bridge as described in section 133(b)(10).
``(3) Grant amounts.--A grant provided under this
subsection shall be--
``(A) in an amount that is sufficient (in
combination with other financial resources identified
in the application for such grant) to fully fund the
project for which the grant is awarded; and
``(B) not less than $50,000,000.
``(4) Cost share.--
``(A) Federal share.--The amount of assistance
provided by the Secretary under this subsection for a
project shall not exceed 50 percent of the total cost
of the project.
``(B) Other funds.--Federal assistance other than a
grant provided under this subsection may be used to
satisfy the non-Federal share of the cost of a project
for which a grant is provided under this subsection,
except that the total Federal assistance provided for
such a project may not exceed the applicable Federal
share for the project under section 120.
``(C) Federal land management agencies and tribal
governments.--Notwithstanding any other provision of
law, Federal assistance other than a grant provided
under this subsection may be used to pay the remaining
share of the cost of a project carried out with a grant
provided under this subsection by a Federal land
management agency or a Tribal government or consortium
of Tribal governments.
``(5) Competitive process and evaluation.--
``(A) Applications.--To be eligible for a grant
under this subsection, an eligible entity shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary may require, including all necessary
information required for the Secretary to--
``(i) determine that the project meets and
will continue to meet the applicable
requirements under this subsection; and
``(ii) otherwise evaluate the project,
including using the criteria described in
subparagraph (B).
``(B) Considerations.--In selecting projects for
which to provide a grant under this subsection, the
Secretary shall consider the following:
``(i) The average daily person and freight
throughput expected to be supported by the
project.
``(ii) The expected safety benefits of the
project.
``(iii) The expected national or regional
economic benefits of the project.
``(iv) In the case of a project that is
bundled with related projects, the extent to
which the project will demonstrate cost
savings.
``(v) In the case of a project proposed to
be carried out by a Federal land management
agency, the extent to which the grant would
reduce a Federal liability or Federal
infrastructure maintenance backlog.
``(vi) Geographic diversity among grant
recipients, including the need to balance
between the needs of rural and urban
communities.
``(vii) The extent to which the project is
for a bridge in poor condition or at risk of
falling into poor condition.
``(viii) The extent to which the project is
for a bridge that does not meet the most up-to-
date geometric design standards based on the
type and use of the bridge.
``(ix) The extent to which the project is
for a bridge that does not meet the most up-to-
date seismic design standards or incorporate
adequate impact protection measures.
``(6) TIFIA program.--On the request of an eligible entity
carrying out a project with a grant provided under this
subsection, the Secretary may use amounts awarded to the entity
to pay subsidy and administrative costs necessary to provide to
the entity Federal credit assistance under chapter 6 with
respect to the project for which the grant was awarded.
``(7) Multiyear agreements.--
``(A) In general.--A project carried out with a
grant provided under this subsection may be carried out
through a multiyear grant agreement in accordance with
this paragraph.
``(B) Requirements.--A multiyear grant agreement
for a project described in subparagraph (A) shall--
``(i) establish the terms of participation
by the Federal Government in the project;
``(ii) establish the maximum amount of
Federal financial assistance for the project in
accordance with paragraph (4);
``(iii) establish a payout schedule for the
project that provides for disbursement of the
full grant amount by not later than 4 fiscal
years after the fiscal year in which the
initial amount is provided;
``(iv) determine the period of time for
completing the project, even if the period
extends beyond the period of an authorization;
and
``(v) attempt to improve timely and
efficient management of the project, consistent
with all applicable Federal laws (including
regulations).
``(C) Special financial rules.--
``(i) In general.--A multiyear grant
agreement under this paragraph--
``(I) shall obligate an amount of
available budget authority specified in
law; and
``(II) may include a commitment,
contingent on an amount to be specified
in law in advance for commitments under
this paragraph, to obligate an
additional amount from future available
budget authority specified in law.
``(ii) Statement of contingent
commitment.--The agreement shall state that the
contingent commitment is not an obligation of
the Federal Government.
``(iii) Interests and other financing
costs.--
``(I) In general.--Interest and
other financing costs of carrying out a
part of the project within a reasonable
time shall be considered a cost of
carrying out the project under a
multiyear grant agreement, except that
the eligible costs may not be more than
the cost of the most favorable
financing terms reasonably available
for the project at the time of
borrowing.
``(II) Certification.--The
applicant shall certify to the
Secretary that the applicant has shown
reasonable diligence in seeking the
most favorable financing terms.
``(iv) Advance payment.--Notwithstanding
any other provision of law, an eligible entity
carrying out a project under a multiyear grant
agreement--
``(I) may use funds made available
to the entity under this title for
eligible project costs of the project
until the amount specified in the
multiyear grant agreement for the
project for that fiscal year becomes
available for obligation; and
``(II) if the eligible entity uses
funds described in subclause (I), the
funds used shall be reimbursed from the
amount made available under the
multiyear grant agreement for the
project.
``(8) Undertaking parts of projects in advance under
letters of no prejudice.--
``(A) In general.--The Secretary may pay to an
eligible entity all eligible project costs described in
paragraph (2)(B), including costs for an activity for a
project incurred prior to the date on which the project
receives funding under this subsection if--
``(i) before the eligible entity carries
out the activity, the Secretary approves
through a letter to the applicant the activity
in the same manner as the Secretary approves
other activities as eligible under this
subsection;
``(ii) a record of decision, a finding of
no significant impact, or a categorical
exclusion under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued for the project; and
``(iii) the activity is initially carried
out without Federal assistance and in
accordance with all applicable procedures and
requirements.
``(B) Interests and other financing costs.--
``(i) In general.--For the purposes of
subparagraph (A), the cost of carrying out an
activity for a project under this subsection
includes the amount of interest and other
financing costs, including any interest earned
and payable on bonds, to the extent the
interest and other financing costs are expended
in carrying out the activity for the project,
except that interest and other financing costs
may not be more than the cost of the most
favorable financing terms reasonably available
for the project at the time of borrowing.
``(ii) Certification.--The applicant shall
certify to the Secretary that the applicant has
shown reasonable diligence in seeking the most
favorable financing terms under clause (i).
``(C) No obligation.--An approval by the Secretary
under subparagraph (A)(i) shall not constitute an
obligation of the Federal Government.
``(9) Divestiture consideration for federally-owned
bridges.--In the case of a bridge owned by a Federal land
management agency for which the agency applies for a grant
under this subsection, the agency--
``(A) shall consider options to divest the bridge
to a State or local entity after completion of the
project; and
``(B) may apply jointly with the State or local
entity to which the bridge may be divested.
``(10) Treatment of projects.--Notwithstanding any other
provision of law, a project assisted under this subsection
shall be treated as a project on a Federal-aid highway under
this chapter.
``(11) Congressional notification.--Not later than 3 days
before providing a grant for a project under this subsection,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
written notification of such grant.
``(12) Eligible entity defined.--In this subsection, the
term `eligible entity' means any of the following:
``(A) A State or a group of States.
``(B) A metropolitan planning organization that
serves an urbanized area (as designated by the Bureau
of Census) with a population over 200,000.
``(C) A unit of local government or group of local
governments.
``(D) A political subdivision of a State or local
government.
``(E) A special purpose district or public
authority with a transportation function.
``(F) A Federal land management agency.
``(G) A Tribal government or a consortium of Tribal
governments.
``(H) A multistate or multijurisdictional group of
entities described in subparagraphs (A) through (G).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
124 and inserting the following:
``124. Grants for rebuilding America's vital engineering structures
program.''.
SEC. 1109. EMERGENCY RELIEF.
(a) In General.--Section 125 of title 23, United States Code, is
amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii) by inserting
``or is a protective feature described in
paragraph (3)(B)'' after ``natural disasters'';
and
(ii) by adding at the end the following:
``(C) Improvement.--An improvement that is part of
a project under this section shall be considered
economically justifiable by the Secretary if a State
transportation department includes, with an application
submitted under this section, a supporting narrative
explanation demonstrating that the anticipated benefits
of the improvement will exceed the costs.'';
(B) in paragraph (3)(A) by striking ``that will
mitigate the risk of recurring damage or the cost of
future repair from extreme weather, flooding, and other
natural disasters'' and inserting ``described in
subparagraph (B)''; and
(C) by adding at the end the following:
``(6) Exception to application deadline.--Notwithstanding
paragraph (1)(B), the Secretary may accept an application from
a State transportation department after the 2-year deadline
described in such paragraph if the Secretary finds that such
application was delayed due to the lack of necessary permits or
approvals relating to the repair or reconstruction of highways
on Federal-aid highways.''; and
(2) by adding at the end the following:
``(h) Deadline for Construction Obligation.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the fourth fiscal year
after the later of--
``(A) the date on which the Governor of the State
declared the emergency, as described in subsection
(d)(1)(A); or
``(B) the date on which the President declared a
major disaster, as described in subsection (d)(1)(A).
``(2) Extension of deadline.--The Secretary may extend the
deadline under paragraph (1) for not more than 1 year, and may
issue additional extensions for a period of not more than 1
year after the expiration of any extension, if the Secretary
determines the Governor of the State has provided suitable
justification to warrant such an extension.
``(3) Requirement.--Notwithstanding paragraph (2), the
Secretary shall extend the deadline under paragraph (1) for not
more than 1 year, and shall issue additional extensions for a
period of not more than 1 year after the expiration of any
extension, if the Secretary finds that a project under this
section has been delayed due to the lack of necessary permits
or approvals relating to the repair or reconstructing of
highways on Federal-aid highways.''.
(b) Updates to Emergency Relief Manual.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall revise the emergency
relief manual of the Federal Highway Administration to--
(A) reflect amendments made by subsection (a); and
(B) to include objective reimbursement thresholds
and measurement procedures for debris removal and
signal repairs.
(2) Training for states.--The Secretary, acting through the
Administrator of the Federal Highway Administration, shall
provide to State departments of transportation training
relating to revisions made to the emergency relief manual
pursuant to paragraph (1).
(3) Future updates to emergency relief manual.--After
completing the revisions required under paragraph (1), the
Secretary shall update the emergency relief manual of the
Federal Highway Administration not less frequently than once
every 3 years.
SEC. 1110. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
Section 129 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (9)(A) by striking ``that serves
the public'' and inserting ``in scheduled or charter
service''; and
(B) in paragraph (11) by adding at the end the
following:
``(F) Charter service.--The term `charter service'
has the meaning given the term in section 604.3 of
title 49, Code of Federal Regulations.''; and
(2) by striking subsection (d) and inserting the following:
``(d) Exception.--
``(1) In general.--Notwithstanding any other provision of
this title, or any regulation thereunder, Presidio County,
Texas, may impose and collect tolls on the Presidio-Ojinaga
International Bridge or for the use thereof, provided that
Presidio County obtains the ownership interest of the State of
Texas before imposing and collecting such tolls.
``(2) Use of revenues.--Presidio County, Texas, shall use
any revenues received under the authority of this subsection
for preventative and routine maintenance of roadways located in
such County and related costs.''.
SEC. 1111. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) In General.--Section 130 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``elimination of hazards
of railway-highway crossings'' and inserting ``reduction or
elimination of hazards of railway-highway crossings, including
installing protective devices such as quad gates,'';
(2) in subsection (e)(1)(A) by striking ``2022 through
2026'' and inserting ``2027 through 2031'';
(3) in subsection (i)(3)(B) by inserting ``(as adjusted
annually by the Secretary beginning in fiscal year 2027 to
reflect any increases in the Consumer Price Index prepared by
the Department of Labor)'' after ``$100,000''; and
(4) in subsection (k) by striking ``8'' and inserting
``4''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary, acting through the Administrator of the
Federal Highway Administration, shall issue guidance describing the
types of projects under section 130(e)(1)(B) of title 23, United States
Code, for which a State may use funds set aside under section
130(e)(1)(A) of such title.
SEC. 1112. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) by striking ``low water crossing'' and inserting ``low-
water crossing'' each place it appears;
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (E) by striking
``section 1401 of MAP-21 (23 U.S.C. 137 note)''
and inserting ``section 180'';
(ii) in subparagraph (F) by striking
``and'' at the end;
(iii) in subparagraph (G) by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(H) infrastructure to improve the ability of an
existing surface transportation asset to--
``(i) withstand 1 or more elements of a
weather event or natural disaster; or
``(ii) increase the resilience of surface
transportation infrastructure from the impacts
of natural disasters.'';
(B) in paragraph (7) by striking ``,,'' and
inserting a comma;
(C) in paragraph (11) by inserting ``and rail''
before ``planning'';
(D) in paragraph (16) by inserting ``, and digital
infrastructure'' before the period at the end;
(E) by redesignating paragraphs (5) through (24) as
paragraphs (4) through (23), respectively; and
(F) by adding at the end the following:
``(24) Projects described in subsections (a), (d), and (e)
of section 176.
``(25) Planning, design, construction, and improvements
associated with a passenger rail station or equipment that
serves a State-supported route (as such term is defined in
section 24102 of title 49).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``a new bridge
or'';
(B) in paragraph (2) by striking ``paragraphs (5)
through (15) and paragraph (23) of subsection (b)'' and
inserting ``paragraphs (4) through (14) and paragraph
(22) of subsection (b)''; and
(C) in paragraph (5) by striking ``by the
Secretary'' and inserting ``in subsection (f)(1)'';
(4) in subsection (d)--
(A) in paragraph (1)(A) by striking ``2022 through
2026'' and inserting ``2027 through 2031''; and
(B) in paragraph (3)(A)(ii) by striking ``2022
through 2026'' and inserting ``2027 through 2031'';
(5) in subsection (e)(1) by striking ``2022 through 2026''
and inserting ``2027 through 2031'';
(6) in subsection (f)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Definitions.--In this subsection:
``(A) Low-water crossing.--The term `low-water
crossing' means a waterway crossing for a public road
(other than a bridge) that has been improved to be--
``(i) passable by vehicles during periods
of ordinary stream flow; and
``(ii) impassable by vehicles during
periods of high stream flow.
``(B) Off-system bridge.--The term `off-system
bridge' means a bridge or low water crossing that--
``(i) is located on a public road that is
not a Federal-aid highway; and
``(ii) is greater than 6 feet in length.'';
(B) in paragraph (2)--
(i) by striking ``and (10) of subsection
(b)'' and inserting ``and (9) of subsection
(b)'';
(ii) by striking ``low water crossings
with'' and inserting ``low-water crossings
with''; and
(iii) by striking ``subsection (b)(10) for
low water crossings (as defined by the
Secretary)'' and inserting ``subsection (b)(9)
for low-water crossings''; and
(C) in paragraph (3) by striking ``(as defined by
the Secretary)'';
(7) in subsection (h)(7)--
(A) by redesignating subparagraph (C) as
subparagraph (E); and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Flexible financing.--Notwithstanding section
120--
``(i) the non-Federal share for a project
under this subsection may be calculated on a
project, multiple-project, or program basis;
and
``(ii) the Federal share of the cost of an
individual project under this subsection may be
up to 100 percent.
``(C) Treatment as non-federal share.--
Notwithstanding any other provision of law, funds made
available to carry out section 148 may be credited
toward the non-Federal share of the costs of a project
under this subsection if--
``(i) a project that is otherwise eligible
under this subsection includes a Proven Safety
Countermeasure for bicyclists or pedestrians,
as determined by the Administrator of the
Federal Highway Administration on the day
before the date of enactment of the BUILD
America 250 Act; and
``(ii) the proposed project--
``(I) supports State highway safety
objectives as determined by--
``(aa) the inclusion of an
emphasis area related to
vulnerable road users within a
relevant State strategic
highway safety plan; or
``(bb) a description of the
proposed project in a program
of projects or strategies
developed pursuant to section
148(l); or
``(II) is included in a data-driven
local roadway safety plan, including--
``(aa) a complete streets
prioritization plan described
in section 11206 of the Surface
Transportation Reauthorization
Act of 2021 (23 U.S.C. 134
note);
``(bb) a transition plan
described in section 35.150(d)
of title 28, Code of Federal
Regulations (or successor
regulations) (commonly known as
an `ADA Transition Plan');
``(cc) a Tribal
transportation safety plan; or
``(dd) a comprehensive
safety action plan (as defined
in section 155).'';
(8) in subsection (j)(2) by inserting ``, a community in an
urban area with a population of less than 10,000,'' after
``rural community'';
(9) in subsection (k)(1)(B)(i) by striking ``14501'' and
inserting ``section 14501''; and
(10) by adding at the end the following:
``(l) Limitation on 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
in a metropolitan transportation plan under section 134 or a long-range
statewide transportation plan under section 135, as applicable.
``(m) Rail Limitation.--Not more than 5 percent of the funds
apportioned to a State under section 104(b)(2) may be used for a
project described in subsection (b)(25) that was not eligible under
this section on the date prior to the date of enactment of the BUILD
America 250 Act.''.
(b) Transferability.--Section 126(b)(2)(B) of title 23, United
States Code, is amended--
(1) in clause (i) by striking the semicolon at the end and
inserting a period;
(2) by striking ``Secretary'' and all that follows through
``held'' and inserting ``State certifies to the Secretary that
the State held''; and
(3) by striking clauses (ii) and (iii).
(c) Conforming Amendment.--Section 165(c)(7) of title 23, United
States Code, is amended by striking ``section 133(b)(13)'' and
inserting ``section 133(b)(12)''.
SEC. 1113. TRANSPORTATION PLANNING.
(a) Metropolitan Transportation Planning.--Section 134 of title 23,
United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Primary urbanized area.--The term `primary urbanized
area' means an urbanized area that--
``(A) has a population of at least 3,500,000
individuals, as determined by the Bureau of Census; or
``(B) extends into more than 1 State and has a
population of at least 200,000, as determined by the
Bureau of Census.'';
(2) in subsection (f)(1) by striking ``metropolitan area
and'' and inserting ``metropolitan area, including primary
urbanized areas that extend into more than 1 State in
accordance with section 5308 of title 49, and'';
(3) in subsection (j)--
(A) in paragraph (1) by adding at the end the
following:
``(E) Exception.--Notwithstanding any other
provision of law, the amendment of an approved TIP to
add a project or an identified phase of a project shall
not require public review and comment if the added
project or the identified phase--
``(i) was in the approved TIP that
immediately preceded the current TIP; and
``(ii) is unchanged from the project or the
identified phase in the preceding TIP.''; and
(B) in paragraph (5)(A) by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(5)'';
(4) in subsection (k)(4)--
(A) in subparagraph (A) by striking ``In general.''
and inserting ``Housing coordination process.'';
(B) by striking subparagraph (B);
(C) in subparagraph (C)--
(i) by striking ``Plan'' and all that
follows through ``A metropolitan planning
organization'' and inserting ``Plan.--A
metropolitan planning organization''; and
(ii) by striking clause (ii); and
(D) by redesignating subparagraph (C), as amended,
as subparagraph (B); and
(5) by adding at the end the following:
``(s) Additional Uses of Metropolitan Planning Funding.--In
addition to carrying out the purposes of this section, funds
apportioned under section 104(b)(6) of this title and section 5313(f)
of title 49 to States and metropolitan planning organizations may be
used for--
``(1) fiscal administration of local projects;
``(2) preliminary design;
``(3) local technical assistance;
``(4) studies directly linked to transportation; and
``(5) critical data procurement.''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
135 of title 23, United States Code, is amended--
(1) in subsection (e)(3) by striking the period at the end
and inserting ``, including primary urbanized areas that extend
to more than 1 State in accordance with section 5308 of title
49.''; and
(2) in subsection (g)--
(A) by redesignating paragraph (9) as paragraph
(10); and
(B) by inserting after paragraph (8) the following:
``(9) Exception.--Notwithstanding any other provision of
law, the amendment of an approved transportation improvement
program to add a project or an identified phase of a project
shall not require public review and comment if the added
project or the identified phase--
``(A) was in the approved transportation
improvement program that immediately preceded the
current transportation improvement program; and
``(B) is unchanged from the project or the
identified phase in the preceding transportation
improvement program.''.
(c) Travel Demand Data Modeling.--Section 11205(b) of the Surface
Transportation Reauthorization Act of 2021 (23 U.S.C. 134 note) is
amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``Not later than 2 years after the date of
enactment of this Act,'' and inserting ``Not later than 1 year
after the date of enactment of BUILD America 250 Act,'';
(2) in paragraph (3) by striking ``The Secretary'' and
inserting ``Not later than 1 year after the date of enactment
of BUILD America 250 Act, the Secretary''; and
(3) by adding at the end the following:
``(4) Notification to congress.--The Secretary shall notify
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate when the requirements of this subsection
have been met.
``(5) Report on delay.--If the Secretary will not meet the
deadline under paragraph (1) or paragraph (3), before the date
on which such deadline has not been met, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate a report stating the reason for
the delay and actions taken to meet the requirements of this
subsection.''.
(d) Direct Recipient Status of Metropolitan Planning
Organizations.--
(1) Direct recipient status.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
establish a process by which a metropolitan planning
organization may qualify as a direct recipient of funds
apportioned or made available under section 104(b)(6) of title
23, United States Code.
(2) Process.--The process under paragraph (1)--
(A) shall ensure metropolitan planning
organizations may apply on a rolling basis to become
direct recipients under this subsection;
(B) shall evaluate whether a metropolitan planning
organization qualifies as a direct recipient based on
the legal, technical, and financial capacity of such
organization to receive and appropriately manage
Federal funding and funding requirements;
(C) may occur concurrently with the recertification
process under section 134(k)(6) of title 23, United
States Code; and
(D) shall, not later than 1 year after the date of
enactment of the BUILD America 250 Act, establish a
process to enable a direct recipient designated under
this subsection to use a Federal-aid financial
management system, subject to paragraph (4), in a
manner similar to a State.
(3) Direct allocation of federal planning funds.--When the
Secretary annually apportions or makes available funds
described in paragraph (1), the Secretary shall directly
allocate to any direct recipient designated under this
subsection--
(A) contract authority apportioned under section
104(b)(6) of title 23, United States Code, in an amount
consistent with the allocation process under section
104(d)(2) of such title for such direct recipient; and
(B) an amount of obligation authority distributed
to the State for Federal-aid highways and highway
safety construction programs that is equal to the
amounts specified in subparagraph (A).
(4) Responsibilities.--As determined to be appropriate by
the Secretary, a direct recipient of funds under this
subsection shall be responsible for compliance with all legal
requirements associated with such funding, including any
requirements applicable to a State under section 106 of title
23, United States Code.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``fiscal years 2022 through 2026'' and inserting ``fiscal
years 2027 through 2031''.
SEC. 1115. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION
STANDARDS.
(a) In General.--Section 144 of title 23, United States Code, is
amended--
(1) in subsection (a)(1)(A) by striking ``the condition of
the bridges'' and all that follows through ``bridge
conditions'' and inserting ``the continuous improvement of
bridge conditions in the United States'';
(2) in subsection (b)--
(A) in paragraph (3) by adding ``and'' at the end;
(B) in paragraph (4) by striking the semicolon at
the end and inserting a period; and
(C) by striking paragraphs (5) and (6);
(3) in subsection (h)(4)--
(A) in subparagraph (A) by striking ``annually''
and inserting ``biennially''; and
(B) in subparagraph (B) by striking ``an annual''
and inserting ``a biennial''; and
(4) in subsection (j)--
(A) in paragraph (2) by striking ``or 133.'' and
inserting ``, 124, or 133.'';
(B) in paragraph (3)(A) by striking ``or 133;'' and
inserting ``, 124, or 133;'' and
(C) by striking paragraph (5).
(b) Conforming Regulations.--The Secretary shall revise subparts C
and E of part 650 of subchapter G of chapter 1 of title 23, Code of
Federal Regulations, as necessary to conform to the amendments made by
subsection (a)(3).
SEC. 1116. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
``(1) $182,000,000 for fiscal year 2027;
``(2) $184,000,000 for fiscal year 2028;
``(3) $186,000,000 for fiscal year 2029;
``(4) $189,000,000 for fiscal year 2030; and
``(5) $191,000,000 for fiscal year 2031.''.
SEC. 1117. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) by amending clause (xvi) to read as
follows:
``(xvi) Installation of guardrails,
barriers (including suicide barriers and
barriers between construction work zones and
traffic lanes for the safety of road users and
roadway workers), and crash attenuators.'';
(ii) in clause (xxiii) by striking
``section 1401 of the MAP-21'' and inserting
``section 180'';
(iii) in clause (xxvii)--
(I) by inserting ``bollards,''
after ``medians,'';
(II) by striking ``and protected''
and inserting ``protected''; and
(III) by striking ``features.'' and
inserting ``features, or infrastructure
that connects 2 or more existing
segments of such roadway
improvements.'';
(iv) by redesignating clause (xxix) as
clause (xxxii); and
(v) by inserting after clause (xxviii) the
following:
``(xxix) The acquisition, development, or
deployment of safety data and systems,
including predictive analytics, telematics, and
additional validated methodology tools.
``(xxx) The purchase, installation, and
performance improvements of digital
infrastructure technologies, including digital
alerting systems and electronic ticketing (or
e-ticketing) technology.
``(xxxi) A project or strategy described in
a program developed pursuant to subsection
(l)(2)(B).'';
(B) in paragraph (8) by inserting ``roadway worker
or'' after ``, including a''; and
(C) in paragraph (10) by striking ``traffic data''
and inserting ``other traffic data (including
predictive analytics, telematics, and additional
validated methodology tools used for risk modeling and
planning)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in clause (v) by striking ``; and'' and
inserting a semicolon;
(ii) in clause (vi) by inserting ``and''
after the semicolon; and
(iii) by adding at the end the following:
``(vii) to evaluate project effectiveness
using both post-crash data and predictive
analytics, telematics, or additional validated
methodology tools;'';
(B) in subparagraph (B)(i)--
(i) by inserting ``construction work
zones,'' after ``roadside obstacles,''; and
(ii) by inserting ``, and roadway workers''
after ``pedestrians''; and
(C) in subparagraph (D)--
(i) in clause (iii)--
(I) by striking ``(including
motorcyclists)'' and inserting ``,
motorcyclists''; and
(II) by inserting ``roadway
workers,'' after ``pedestrians,''; and
(ii) in clause (vi) by striking ``and
pedestrians,'' and inserting ``pedestrians, and
roadway workers,'';
(3) in subsection (d)(2)(A)(i) by inserting ``every 3
years'' after ``of the State'';
(4) in subsection (g)(1)--
(A) by striking ``next fiscal year'' and inserting
``next 3 fiscal years'';
(B) by inserting ``annual'' before ``amount equal
to''; and
(C) by striking ``200'' and inserting ``300'';
(5) in subsection (h)(1)(C)--
(A) in clause (ii) by striking ``; and'' and
inserting a semicolon;
(B) in clause (iii) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) the occurrences of fatalities and
serious injuries at construction work zones.'';
(6) in subsection (l)(2)(A)--
(A) in clause (ii)--
(i) by striking ``of the locations''; and
(ii) by striking ``; and'' and inserting a
semicolon;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) considers the location of
fatalities and serious injuries, including
roadside obstacles, construction work zones,
railway-highway crossing needs, the presence of
or absence of dedicated infrastructure for
vulnerable road users, and unmarked or poorly
marked roads; and''; and
(7) in subsection (l)(2)(B) by striking ``subparagraph
(A)(iii)'' and inserting ``subparagraph (A)(iv)''.
(b) Report.--In implementing the amendment to section 148(d)(2) of
title 23, United States Code, the Secretary may permit a State to take
such actions as are necessary to align the submission of the strategic
highway safety plan with the submission of the triennial highway safety
plan, pursuant to section 402(k) of title 23, United States Code.
SEC. 1118. CMAQ PROGRAM.
(a) In General.--Section 149 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (10)(B) by striking ``or'' at the
end;
(B) in paragraph (11)(B) by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(12) if the project deploys advanced transportation and
congestion management technologies that reduce traffic
congestion or improve air quality; or
``(13) if the project supports digital infrastructure and
reduces traffic congestion or improves traffic flow.'';
(2) in subsection (c) by adding at the end the following:
``(5) Reduction in minimum spending.--Notwithstanding any
other provision of this section, a State--
``(A) may obligate funds apportioned under section
104(b)(4) at any location in the State for projects
described in section 151(f)(6) or section 151(f)(8)(D)
at any location in the State;
``(B) shall consider for such projects the
considerations described in section 151(f)(4)(A)(iii);
and
``(C) shall obligate not less than the following
amounts of such funds for such projects:
``(i) 10 percent of funds in fiscal year
2027.
``(ii) 9 percent of funds in fiscal year
2028.
``(iii) 8 percent of funds in fiscal year
2029.
``(iv) 7 percent of funds in fiscal year
2030.'';
(3) in subsection (i)(2)--
(A) in subparagraph (C) by inserting ``, including
by considering the cost-effectiveness of a project as
it relates to improving air quality and incorporating
any recommendations made by the Secretary'' after
``subsection (l)''; and
(B) by adding at the end the following:
``(D) Updates.--The Secretary, in consultation with
the Administrator, shall update the table described in
subparagraph (A) not less frequently than once every 2
years.''; and
(4) in subsection (k)(1) by amending subparagraph (B) to
read as follows:
``(B) to the extent practicable, prioritize
benefits to populations living in, or immediately
adjacent to, such area.''.
(b) Notification.--Not later than 90 days after the date of
enactment of this Act, and annually thereafter, the Secretary shall
provide written notification to State transportation departments and
relevant metropolitan planning organizations regarding--
(1) information about the cost-effectiveness of projects
obtained through the evaluation conducted pursuant to section
149(i)(2) of title 23, United States Code; and
(2) the requirement under subparagraph (C) of such section
that States and metropolitan planning organizations shall
consider such information when selecting projects.
(c) Repeals.--Sections 11402 and 11406 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 149 note), and the items relating to
such section in the table of contents under section 1(b) of such Act,
are repealed.
SEC. 1119. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM.
(a) In General.--Section 24112 of the Infrastructure Investment and
Jobs Act (23 U.S.C. 402 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``, commonly referred to as a
`Vision Zero' or `Toward Zero Deaths' plan,'';
and
(ii) in subparagraph (E) by striking ``,
including the means by which that effectiveness
will be reported to residents in a locality'';
and
(B) in paragraph (2)--
(i) in subparagraph (B) by inserting ``or
territory'' after ``State'';
(ii) by redesignating subparagraph (D) as
subparagraph (E);
(iii) by inserting after subparagraph (C)
the following:
``(D) the District of Columbia;''; and
(iv) in subparagraph (E), as so
redesignated, by striking ``subparagraphs (A)
through (C)'' and inserting ``subparagraphs (A)
through (D)'';
(2) in subsection (b)--
(A) by inserting ``, acting through the
Administrator of the Federal Highway Administration,''
after ``Secretary''; and
(B) by striking ``, commonly referred to as `Vision
Zero' or `Toward Zero Deaths' initiatives'';
(3) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``less than 40
percent'' and inserting ``more than 5 percent''; and
(B) by adding at the end the following:
``(C) Rural set-aside.--Of the total amount made
available to carry out the program for each fiscal
year, not less than 30 percent shall be awarded for
grants for eligible projects located in areas with a
population of 50,000 or fewer.
``(D) Prioritization.--The Secretary shall
prioritize applicants that have developed a
comprehensive safety action plan when selecting
projects under subparagraphs (B) and (C) of subsection
(a)(3).'';
(4) in subsection (d)(3)--
(A) in subparagraph (A) by inserting ``roadway
workers,'' after ``pedestrians,''; and
(B) in subparagraph (E)--
(i) by striking ``, or will ensure,
equitable''; and
(ii) by inserting ``rural or'' after
``safety needs of'';
(5) in subsection (e) by striking ``80'' and inserting
``90'';
(6) in subsection (f)(1) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''; and
(7) in subsection (h) by striking ``120 days'' and
inserting ``1 year''.
(b) Transfer.--
(1) In general.--Section 24112 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 402 note), as amended by
subsection (a), is transferred to appear after section 154 of
title 23, United States Code, and redesignated as section 155.
(2) Clerical amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 155 and inserting the following:
``155. Safe streets and roads for all grant program.''.
(3) Conforming amendment.--The table of contents for the
Infrastructure Investment and Jobs Act (Public Law 117-58) in
section 1(b) of such Act is amended by striking the item
relating to section 24112.
SEC. 1120. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165(a) of title 23, United States Code, is
amended by striking paragraphs (1) and (2) and inserting the following:
``(1) for the Puerto Rico highway program under subsection
(b)--
``(A) $191,000,000 shall be for fiscal year 2027;
``(B) $195,000,000 shall be for fiscal year 2028;
``(C) $199,000,000 shall be for fiscal year 2029;
``(D) $203,000,000 shall be for fiscal year 2030;
and
``(E) $207,000,000 shall be for fiscal year 2031;
and
``(2) for the territorial highway program under subsection
(c)--
``(A) $51,200,000 shall be for fiscal year 2027;
``(B) $52,400,000 shall be for fiscal year 2028;
``(C) $53,600,000 shall be for fiscal year 2029;
``(D) $54,800,000 shall be for fiscal year 2030;
and
``(E) $56,000,000 shall be for fiscal year 2031.''.
(b) Location of Projects.--Section 165(c)(7) of title 23, United
States Code, is further amended by striking ``paragraphs (1), (2), (3),
and (5) of''.
SEC. 1121. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (3)(C) by striking ``serving the
public'' and inserting ``in scheduled or charter
service''; and
(B) in paragraph (5)(A) by striking ``2025'' and
inserting ``2031''; and
(2) in subsection (f) by adding at the end the following:
``(7) Charter service.--The term `charter service' has the
meaning given the term in section 604.3 of title 49, Code of
Federal Regulations.''.
SEC. 1122. NATIONAL HIGHWAY FREIGHT AND HIGH PRIORITY CORRIDOR PROGRAM.
(a) In General.--Section 167 of title 23, United States Code, is
amended--
(1) in the section heading by inserting ``and high priority
corridor'' after ``freight'';
(2) in subsection (a)--
(A) in paragraph (1) by striking ``under this
section to ensure that the Network provides'' and
inserting ``under this section and high priority
corridors identified under section 1105 of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2031) to ensure that the Network and
high priority corridors provide''; and
(B) in paragraph (2) by striking ``with this
section to improve the efficient movement of freight on
the National Highway Freight Network.'' and inserting
``with this section to--
``(A) improve the efficient movement of freight on
the National Highway Freight Network; and
``(B) improve high priority corridors to meet the
design standards and specifications of the Interstate
System and connect to the existing Interstate
System.'';
(3) in subsection (b)--
(A) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) to increase the capacity of the National Highway
Freight Network to improve freight transportation, including
through improving and increasing the capacity of the Interstate
System and the improvement of high priority corridors;'';
(4) in subsection (c)(2)--
(A) in subparagraph (C) by striking ``and'' at the
end;
(B) in subparagraph (D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) high priority corridors identified under
section 1105 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031).'';
(5) in subsection (d)(2)--
(A) in subparagraph (B) by striking ``3 percent''
and inserting ``5 percent''; and
(B) in subparagraph (E)--
(i) by redesignating clauses (vi) through
(xi) as clauses (vii) through (xii),
respectively; and
(ii) by inserting after clause (v) the
following:
``(vi) the movement of agricultural
products and access to agriculture
facilities;'';
(6) in subsection (e)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) in paragraph (1) by striking ``A State'' and
all that follows through ``and--'' and inserting ``A
State shall designate critical rural freight corridors
within the border of the State.
``(2) Requirements for designation.--A State may designate
a public road as a critical freight corridor, pursuant to
paragraph (1), if such road is not in an urbanized area and--
''; and
(C) in paragraph (4), as so redesignated, by
striking ``paragraph (2)'' and inserting ``paragraph
(3)'';
(7) in subsection (h)--
(A) in paragraph (3)--
(i) in subparagraph (A) by striking ``2
percent'' and inserting ``2.5 percent''; and
(ii) in subparagraph (B) by striking ``2
percent'' and inserting ``2.5 percent''; and
(B) in paragraph (5)--
(i) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) for the modernization or
rehabilitation of a lock and dam, if the
Secretary determines that the project is
functionally connected to the National Highway
Freight Network; and''; and
(II) in clause (iv) by striking
``project--'' and all that follows
through the period at the end and
inserting ``project is functionally
connected to the National Highway
Freight Network.''; and
(ii) in subparagraph (C)--
(I) in clause (iii) by striking
``Intelligent transportation systems''
and inserting ``Digital infrastructure,
intelligent transportation systems,'';
(II) in clause (xi) by striking
``section 1401 of MAP-21 (23 U.S.C. 137
note)'' and inserting ``section 180'';
(III) by redesignating clauses
(xxii) and (xxiii) as clauses (xxiv)
and (xxv), respectively;
(IV) by inserting after clause
(xxi) the following:
``(xxii) A highway or bridge project to
improve or increase the capacity of the
National Highway Freight Network, including by
increasing the capacity of the Interstate
System.
``(xxiii) A highway or bridge project to
improve a high priority corridor, including a
project to improve facilities to meet design
standards and specifications for the Interstate
System.''; and
(V) in clause (xxiv), as so
redesignated, by striking ``clauses (i)
through (xxi)'' and inserting ``clauses
(i) through (xxiii)''; and
(8) in subsection (j)(1)(A)(ii) by striking ``ports-of
entry'' and inserting ``ports of entry''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
167 and inserting the following:
``167. National highway freight and high priority corridor program.''.
SEC. 1123. WILDLIFE CROSSINGS PILOT PROGRAM.
Section 171 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``public interest
because'' and all that follows through the period at the end
and inserting ``public interest.'';
(2) in subsection (b)(1) by striking ``collisions; and''
and inserting ``collisions, including through--
``(A) construction projects; and
``(B) non-construction projects (including planning
and research); and'';
(3) in subsection (e)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively;
(4) in subsection (g) by striking ``60 percent'' and
inserting ``75 percent'';
(5) by redesignating subsection (i) as subsection (j); and
(6) by striking subsection (h) and inserting the following:
``(h) Limitation.--Of the amounts made available to carry out the
pilot program each fiscal year, not more than 5 percent may be used for
non-construction activities described in subsection (b)(1)(B).
``(i) Reports.--The Secretary shall submit to Congress an annual
report through fiscal year 2031 that includes--
``(1) a detailed description of activities carried out
under the pilot program;
``(2) an evaluation of the effectiveness of the pilot
program in meeting the purposes described in subsection (b);
and
``(3) policy recommendations to improve the effectiveness
of the pilot program.''.
SEC. 1124. SURFACE TRANSPORTATION ACCELERATOR GRANT PROGRAM.
Section 173 of title 23, United States Code, is amended to read as
follows:
``SEC. 173 SURFACE TRANSPORTATION ACCELERATOR GRANT PROGRAM.
``(a) In General.--There is established a rural, urban, local, and
regional surface transportation grant program, which shall consist of
the programs established under subsections (c), (d), and (e) to provide
financial assistance for projects eligible under such subsections.
``(b) Administrative Provisions.--
``(1) Grant administration.--The Secretary may--
``(A) retain not more than a total of 2 percent of
the funds made available to carry out this section and
to review applications for grants under this section;
and
``(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund
the award and oversight of grants provided under this
section.
``(2) Application.--To be eligible to receive a grant under
this section, an eligible entity under subsections (c), (d), or
(e) shall submit to the Secretary an application in such form,
at such time, and containing such information as the Secretary
may require.
``(3) Eligible project costs.--An eligible entity may use
funds from a grant under this section for--
``(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
``(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to
the project and improvements to the land),
environmental mitigation, construction contingencies,
acquisition of equipment, and operational improvements.
``(4) Grants.--
``(A) In general.--In carrying out this section,
the Secretary may make grants to eligible entities, on
a competitive basis, in accordance with this section.
``(B) Set-asides.--Of amounts made available to
carry out this section for each fiscal year--
``(i) 25 percent shall be for grants under
the rural surface transportation grant program
under subsection (c);
``(ii) 25 percent shall be for grants under
the urban surface transportation grant program
under subsection (d); and
``(iii) 50 percent shall be for grants
under the local and regional surface
transportation grant program under subsection
(e).
``(5) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost of a
project carried out with a grant administered under
this section may not exceed 80 percent.
``(B) Exceptions.--
``(i) The Federal share of the cost of an
eligible project that furthers the completion
of a designated segment of the Appalachian
Development Highway System under section 14501
of title 40, or addresses a surface
transportation infrastructure need identified
for the Denali access system program under
section 309 of the Denali Commission Act of
1998 (42 U.S.C. 3121 note; Public Law 105-277)
shall be up to 100 percent, as determined by
the State.
``(ii) The Federal share of the cost of an
eligible project for a grant carried out in an
area of persistent poverty (as defined in
section 6702(a) of title 49) may exceed 80
percent, at the discretion of the Secretary.
``(C) Use of other federal assistance.--Federal
assistance other than a grant under the program may be
used to satisfy the non-Federal share of the cost of a
project carried out with a grant under the program.
``(D) Additional requirements.--
``(i) Modal requirements.--
``(I) In general.--Except as
otherwise provided in subclause (II),
projects funded under this section
shall be treated as projects on a
Federal-aid highway under this chapter.
``(II) Exceptions.--The Secretary
shall--
``(aa) for a transit
project, apply the requirements
of chapter 53 of title 49;
``(bb) for a rail project,
apply the requirements of
section 22905 of title 49.
``(ii) Multimodal projects.--
``(I) In general.--Except as
otherwise provided in this clause, if
an eligible project is a multimodal
project, the Secretary shall--
``(aa) determine the
predominant modal component of
the project; and
``(bb) apply the applicable
requirements described in item
(aa) of the predominant modal
component to the project.
``(II) Exceptions.--
``(aa) Passenger or freight
rail component.--The
requirements of section 22905
of title 49 shall apply to any
passenger or freight rail
component of a project.
``(bb) Public
transportation component.--The
requirements of section 5333 of
title 49 shall apply to any
public transportation component
of a project.
``(6) Congressional review.--Not later than 3 days before
providing a grant under this section, the Secretary shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and Committee on Environment and
Public Works of the Senate--
``(A) a list of all applications determined to be
eligible for a grant by the Secretary;
``(B) each application proposed to be selected for
a grant, including a justification for the selection;
and
``(C) proposed grant amounts.
``(7) Transparency.--
``(A) In general.--Not later than 30 days after
providing a grant for a project under this section, the
Secretary shall provide to all applicants, and publish
on the website of the Department of Transportation, the
information described in paragraph (6).
``(B) Briefing.--The Secretary shall provide, on
the request of an eligible entity, the opportunity to
receive a briefing to explain any reasons the eligible
entity was not selected to receive a grant under this
section.
``(C) Treatment.--Assistance provided under
subparagraph (B) shall not be considered a guarantee of
future selection of an applicable project under the
program.
``(8) Annual report.--The Secretary shall make available on
the website of the Department of Transportation at the end of
each fiscal year an annual report that lists each project for
which a grant has been provided under this section during that
fiscal year.
``(9) Treatment of projects.--Notwithstanding any other
provision of law, a project assisted under this section shall
be treated as a project on a Federal-aid highway under this
chapter.
``(10) Pre-award authority.--
``(A) In general.--The Secretary shall provide pre-
award authority for eligible pre-award activities to
permit expenses to be incurred by a recipient during
the period beginning on the date on which the recipient
is selected and ending on the date on which the grant
agreement is signed.
``(B) Eligible pre-award activities.--The Secretary
shall make publicly available in the notice of funding
opportunity the eligible pre-award activities for an
award under this section which shall be similar in
nature to eligible pre-award activities granted to
applicants under section 5309 of title 49.
``(c) Rural Surface Transportation Grants.--
``(1) Definitions.--In this subsection:
``(A) Program.--The term `program' means the
program established under paragraph (2)(A).
``(B) Covered rural area.--The term `covered rural
area' means an area that is outside an urban area with
a population of over 50,000.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish a
rural surface transportation grant program to provide
grants, on a competitive basis, to eligible entities to
improve and expand the surface transportation
infrastructure in covered rural areas.
``(B) Goals.--The goals of the program shall be--
``(i) to increase connectivity;
``(ii) to improve the safety and
reliability of the movement of people and
freight; and
``(iii) to generate regional economic
growth and improve quality of life in covered
rural areas.
``(3) Eligible entities.--The Secretary may make a grant
under the program to--
``(A) a State;
``(B) a regional transportation planning
organization;
``(C) a unit of local government;
``(D) a Tribal government or a consortium of Tribal
governments; and
``(E) a multijurisdictional group of entities
described in subparagraphs (A) through (D).
``(4) Eligible projects.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary may make a grant under
the program only for a project that is--
``(i) a highway, bridge, or tunnel project
eligible under section 119(d);
``(ii) a highway, bridge, or tunnel project
eligible under section 133(b);
``(iii) a project eligible under section
202(a);
``(iv) a highway freight project eligible
under section 167(h)(5);
``(v) a highway safety improvement project,
including a project to improve a high risk
rural road (as those terms are defined in
section 148(a));
``(vi) a project on a publicly-owned
highway, road, or bridge that provides or
increases access to an agricultural,
commercial, energy, water storage or intermodal
facility that supports the economy of a covered
rural area; or
``(vii) a project to develop, establish, or
maintain an integrated mobility management
system, a transportation demand management
system, or on-demand mobility services.
``(B) Bundling of eligible projects.--
``(i) In general.--An eligible entity may
bundle 2 or more similar eligible projects
under the program that are--
``(I) included as a bundled project
in a statewide transportation
improvement program under section 135;
and
``(II) awarded to a single
contractor or consultant pursuant to a
contract for engineering and design or
construction between the contractor and
the eligible entity.
``(ii) Itemization.--Notwithstanding any
other provision of law (including regulations),
a bundling of eligible projects under this
paragraph may be considered to be a single
project, including for purposes of section 135.
``(5) Project requirements.--The Secretary may provide a
grant under the program to an eligible project only if the
Secretary determines that the project--
``(A) will generate regional economic, mobility, or
safety benefits;
``(B) will be cost effective;
``(C) will contribute to the accomplishment of 1 or
more of the national goals under section 150;
``(D) is based on the results of preliminary
engineering; and
``(E) is reasonably expected to begin construction
not later than 18 months after the date of obligation
of funds for the project.
``(6) Additional considerations.--In providing grants under
the program, the Secretary shall consider the extent to which
an eligible project will--
``(A) improve the state of good repair of existing
transportation facilities;
``(B) increase the capacity or connectivity of the
surface transportation system and improve mobility for
residents of covered rural areas;
``(C) address economic development and job creation
challenges;
``(D) enhance recreational and tourism
opportunities by providing access to Federal land,
national parks, national forests, national recreation
areas, national wildlife refuges, wilderness areas, or
State parks;
``(E) contribute to geographic diversity among
grant recipients;
``(F) utilize innovative project delivery
approaches or incorporate transportation technologies;
``(G) coordinate with projects to address broadband
infrastructure needs; or
``(H) improve access to emergency care, essential
services, healthcare providers, or drug and alcohol
treatment and rehabilitation resources.
``(I) address disaster preparedness, resilience, or
support an evacuation route (as such term is defined in
section 176(a));
``(J) support the movement of agricultural products
through and from covered rural areas, including by
improving or rebuilding bridges (including improvements
that allow for the removal or increase of a posted
weight restriction);
``(K) support access to Federal or Tribal lands;
``(L) support access to utility infrastructure,
including energy infrastructure or water storage
facilities; and
``(M) improve the seismic safety or structural
resilience of transportation infrastructure located in
areas of high seismic risk.
``(7) Grant amount.--Except as provided in paragraph
(8)(A), a grant under the program shall be in an amount that is
not less than $5,000,000.
``(8) Set asides.--
``(A) Small projects.--The Secretary shall use not
more than 10 percent of the amounts made available for
the program for each fiscal year to provide grants for
eligible projects in an amount that is less than
$5,000,000.
``(B) Appalachian development highway system.--The
Secretary shall reserve no more than 15 percent of the
amounts made available for the program for each fiscal
year for eligible projects that further the completion
of designated routes of the Appalachian Development
Highway System under section 14501 of title 40.
``(C) Rural roadway lane departures.--The Secretary
shall reserve 15 percent of the amounts made available
for the program for each fiscal year to provide grants
for eligible projects located in States that have rural
roadway fatalities as a result of lane departures that
are greater than the average of rural roadway
fatalities as a result of lane departures in the United
States, based on the latest available data from the
Secretary.
``(D) Movement of agricultural products from rural
areas.--The Secretary shall reserve 10 percent of the
amounts made available for the program for each fiscal
year to provide grants for eligible projects that
support the movement of agricultural products from
covered rural areas.
``(E) Projects in small communities.--The Secretary
shall reserve 5 percent of the amounts made available
for the program for each fiscal year to provide grants
for eligible projects in areas with a population of not
more than 5,000.
``(F) Excess funding.--In any fiscal year in which
qualified applications for grants under this subsection
do not allow for the amounts reserved under
subparagraphs (A) through (E) to be fully utilized, the
Secretary shall use the unutilized amounts to make
other grants under the program.
``(d) Urban Surface Transportation Grants.--
``(1) Definitions.--In this subsection:
``(A) Program.--The term `program' means the
program established under paragraph (2)(A).
``(B) Covered urban area.--The term `covered urban
area' means an area with a population of not less than
50,000.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish an
urban surface transportation grant program to provide
grants, on a competitive basis, to eligible entities to
improve and expand the surface transportation
infrastructure in urban areas.
``(B) Goals.--The goals of the program shall be--
``(i) to increase connectivity;
``(ii) to improve the safety and
reliability of the movement of people and
freight; and
``(iii) to generate regional economic
growth and improve quality of life in urban
areas.
``(3) Eligible entities.--The Secretary may make a grant
under the program to--
``(A) a State;
``(B) the District of Columbia;
``(C) any territory or possession of the United
States;
``(D) a unit of local government;
``(E) a public agency or publicly chartered
authority established by 1 or more States;
``(F) a special purpose district or public
authority with a transportation function or a lessee of
a Federal surface transportation hub, including a port
authority;
``(G) a transit agency;
``(H) a Tribal government or a consortium of Tribal
governments; and
``(I) a multi-State or multijurisdictional group of
entities described in any of subparagraphs (A) through
(H).
``(4) Eligible projects.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary may make a grant under
the program only for a project that is--
``(i) a surface transportation project
eligible under this title;
``(ii) a public transportation project
eligible for assistance under chapter 53 of
title 49;
``(iii) a passenger rail or freight rail
transportation project eligible for assistance
under title 49;
``(iv) a project eligible under section
6702 and 6703 of title 49;
``(v) a project eligible for a grant
program established under subtitle E of title I
of the Surface Transportation Reauthorization
Act of 2021 (135 Stat. 578 et. seq.); or
``(vi) a project to develop, establish, or
maintain an integrated mobility management
system, a transportation demand management
system, or on-demand mobility services.
``(B) Bundling of eligible projects.--
``(i) In general.--An eligible entity may
bundle 2 or more similar eligible projects
under the program that are--
``(I) included as a bundled project
in a statewide transportation
improvement program under section 135;
and
``(II) awarded to a single
contractor or consultant pursuant to a
contract for engineering and design or
construction between the contractor and
the eligible entity.
``(ii) Itemization.--Notwithstanding any
other provision of law (including regulations),
a bundling of eligible projects under this
paragraph may be considered to be a single
project, including for purposes of section 135.
``(5) Project requirements.--The Secretary may provide a
grant under the program to an eligible project only if the
Secretary determines that the project--
``(A) will generate regional economic, mobility, or
safety benefits;
``(B) will be cost effective;
``(C) will contribute to the accomplishment of 1 or
more of the national goals under section 150;
``(D) is based on the results of preliminary
engineering; and
``(E) is reasonably expected to begin construction
not later than 18 months after the date of obligation
of funds for the project.
``(6) Additional considerations.--In providing grants under
the program, the Secretary shall consider the extent to which
an eligible project will--
``(A) improve the state of good repair of existing
transportation facilities;
``(B) increase surface transportation system or
local connectivity and improve mobility for residents
of urban areas;
``(C) address economic development and job creation
challenges;
``(D) contribute to geographic diversity among
grant recipients;
``(E) improve safety, including the anticipated
reduction of accidents and related costs;
``(F) include resilience benefits against natural
disasters, including the ability to withstand
disruptions from a seismic event;
``(G) incorporate environmental benefits;
``(H) provide safety and mobility benefits to
multiple users of the project;
``(I) utilize innovative project delivery
approaches or incorporate transportation technologies;
or
``(J) improve access to emergency care, essential
services, healthcare providers, or drug and alcohol
treatment and rehabilitation resources, or a facility
or organization that provides community support
services.
``(7) Grant amount.--Except as provided in paragraph
(8)(A), a grant under the program shall be in an amount that is
not less than $5,000,000.
``(8) Set asides.--
``(A) Small projects.--The Secretary shall use not
more than 10 percent of the amounts made available for
the program for each fiscal year to provide grants for
eligible projects in an amount that is less than
$5,000,000.
``(B) Areas of persistent poverty.--Of the total
amount made available to carry out the program for each
fiscal year, not less than 1 percent shall be awarded
for projects in areas of persistent poverty (as defined
in section 6702(a) of title 49).
``(e) Local and Regional Surface Transportation Grants.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) a State;
``(ii) the District of Columbia;
``(iii) any territory or possession of the
United States;
``(iv) a unit of local government;
``(v) a public agency or publicly chartered
authority established by 1 or more States;
``(vi) a special purpose district or public
authority with a transportation function or a
lessee of a Federal surface transportation hub,
including a port authority;
``(vii) a federally recognized Indian Tribe
or a consortium of such Indian Tribes;
``(viii) a transit agency; and
``(ix) a multi-State or multijurisdictional
group of entities described in any of clauses
(i) through (viii).
``(B) Eligible project.--The term `eligible
project' means--
``(i) a highway or bridge project eligible
for assistance under this title, including--
``(I) improvement of a high
priority corridor to meet the design
standards and specifications of the
Interstate System and connect to the
existing Interstate System; and
``(II) infrastructure improvements
to address freight bottlenecks;
``(ii) a public transportation project
eligible for assistance under chapter 53 of
title 49;
``(iii) a passenger rail or freight rail
transportation project eligible for assistance
under title 49;
``(iv) a port infrastructure investment,
including--
``(I) inland port infrastructure;
and
``(II) a land port-of-entry;
``(v) the surface transportation components
of an airport project eligible for assistance
under part B of subtitle VII of title 49;
``(vi) a project for investment in a
surface transportation facility located on
Tribal land, the title or maintenance
responsibility of which is vested in the
Federal Government;
``(vii) a project to replace or
rehabilitate a culvert or prevent stormwater
runoff that is eligible under section 176(d)
and will advance the goal of the program
established under this subsection; and
``(viii) any other surface transportation
infrastructure project that the Secretary
considers to be necessary to advance the goal
of the program.
``(C) Program.--The term `program' means the
program established under paragraph (2)(A).
``(D) Specified rural area.--The term `specified
rural area' means an area that is located outside of a
specified urban area.
``(E) Specified urban area.--The term `specified
urban area' means an area with a population of more
than 200,000 residents, based on the most recent
decennial census.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish
and carry out a local and regional surface
transportation grant program to provide for capital
investments in surface transportation infrastructure on
a competitive basis.
``(B) Goal.--The goal of the program shall be to
fund eligible projects that will have a significant
local or regional impact and improve surface
transportation infrastructure.
``(3) Grants.--
``(A) Amount.--Except as otherwise provided in this
subsection, each grant made under this subsection shall
be in an amount equal to--
``(i) not less than $5,000,000 for a
specified urban area;
``(ii) not less than $1,000,000 for a
specified rural area; and
``(iii) not more than $25,000,000.
``(B) Limitation.--Not more than 15 percent of the
funds made available to carry out this subsection for a
fiscal year may be awarded to eligible projects in a
single State during such fiscal year.
``(4) Selection of eligible projects.--
``(A) Notice of funding opportunity.--Not later
than 60 days after the date on which funds are made
available to carry out this subsection, the Secretary
shall publish a notice of funding opportunity for the
funds.
``(B) Primary selection criteria.--In awarding
grants under this subsection, the Secretary shall
evaluate the extent to which a project--
``(i) improves safety;
``(ii) improves environmental
sustainability;
``(iii) improves quality of life;
``(iv) increases economic competitiveness
and opportunity, including tourism
opportunities;
``(v) contributes to a state of good
repair; and
``(vi) improves mobility and community
connectivity.
``(C) Additional selection considerations.--In
selecting projects to receive grants under the program,
the Secretary shall take into consideration the extent
to which--
``(i) the eligible entity collaborated with
other public and private entities;
``(ii) the project adopts innovative
technologies or techniques, including--
``(I) innovative technology;
``(II) innovative project delivery
techniques; and
``(III) innovative project
financing;
``(iii) construction of the project is
reasonably expected to begin not later than 18
months after the date on which the project is
selected;
``(iv) the eligible entity includes
documentation certifying such entity has
notified a State transportation department if
the project is located on a State-owned or
State-managed facility; and
``(v) the project is cost effective.
``(D) Limitation.--In awarding grants under the
program, the Secretary shall select grant recipients
based only on the selection criteria described in
subparagraphs (C) and (D).
``(E) Transparency.--
``(i) In general.--The Secretary, shall
evaluate, through a methodology that is
discernible and transparent to the public, the
means by which each application submitted under
paragraph (4) addresses the criteria under
subparagraphs (C) or (D) of such paragraph or
otherwise established by the Secretary.
``(ii) Publication.--The methodology under
clause (i) shall be published by the Secretary
as part of the notice of funding opportunity
under the program.
``(F) Awards.--Not later than 270 days after the
date on which amounts are made available to provide
grants under the program for a fiscal year, the
Secretary shall announce the selection by the Secretary
of eligible projects to receive the grants in
accordance with this section.
``(5) Treatment of other federal funds.--Amounts provided
under any of the following programs shall be considered to be a
part of the non-Federal share for a project under this
subsection:
``(A) The tribal transportation program under
section 202.
``(B) The Federal lands transportation program
under section 203.
``(C) The TIFIA program (as defined in section
601(a)).
``(D) The Railroad Rehabilitation and Improvement
Financing Program under chapter 224 of title 49.
``(6) Other considerations.--
``(A) In general.--Of the total amount made
available to carry out the program under this
subsection for each fiscal year--
``(i) not more than 50 percent shall be
allocated for eligible projects located in
specified rural areas; and
``(ii) not more than 50 percent shall be
allocated for eligible projects located in
specified urban areas.
``(B) Projects for regional hubs.--Of the total
amount made available for eligible projects under
subparagraph (A)(i) for each fiscal year, the Secretary
shall reserve 10 percent for eligible projects located
in communities with a population between 50,000 and
100,000.
``(C) Areas of persistent poverty.--Of the total
amount made available to carry out the program for each
fiscal year, not less than 1 percent shall be awarded
for projects in areas of persistent poverty (as defined
in section 6702(a) of title 49).
``(D) Multimodal and geographical considerations.--
In selecting projects to receive grants under the
program, the Secretary shall take into consideration
geographical and modal diversity.
``(7) Project planning.--
``(A) In general.--Of the amounts made available to
carry out the program for each fiscal year, not less
than 5 percent shall be made available for the
planning, preparation, or design of eligible projects.
``(B) Nonapplicability of certain limitations.--
Clauses (i) and (ii) of paragraph (3)(A) shall not
apply with respect to amounts made available for
planning, preparation, or design under subparagraph
(A).
``(8) Transfer of authority.--Of the amounts made available
to carry out the program for each fiscal year, the
Administrator may transfer not more than 2 percent for a fiscal
year to the Administrator of any of the Federal Transit
Administration, the Federal Railroad Administration, or the
Maritime Administration to award and oversee grants and credit
assistance in accordance with this subsection.
``(9) Credit program costs.--
``(A) In general.--Subject to subparagraph (B), at
the request of an eligible entity, the Secretary may
use a grant provided to the eligible entity under the
program to pay the subsidy or credit risk premium, and
the administrative costs, of an eligible project that
is eligible for Federal credit assistance under--
``(i) chapter 6; or
``(ii) chapter 224 of title 49.
``(B) Limitation.--Not more than 20 percent of the
funds made available to carry out the program for a
fiscal year may be used to carry out subparagraph (A).
``(10) Reports.--Not later than 1 year after the date on
which the initial grants are awarded for eligible projects
under the program, the Comptroller General of the United States
shall--
``(A) review the administration of the program,
including--
``(i) the solicitation process; and
``(ii) the selection process, including--
``(I) the adequacy and fairness of
the process; and
``(II) the selection criteria; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and
Committee on Environment and Public Works of the Senate
a report describing the findings of the review under
subparagraph (A), including recommendations for
improving the administration of the program, if any.''.
SEC. 1125. REPEAL OF PROGRAM.
(a) Repeal.--Section 175 of title 23, United States Code, is
repealed.
(b) Technical and Conforming Amendment.--The analysis for chapter 1
of title 23, United States Code, is amended by striking the item
relating to section 175.
SEC. 1126. PROTECT PROGRAM.
Section 176 of title 23, United States Code, is amended--
(1) in subsection (b)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively;
(2) by striking subsection (c);
(3) by redesignating subsection (h) as subsection (c);
(4) in subsection (d) by striking ``In addition to funds
apportioned to States under section 104(b)(8) to carry out
activities under subsection (c), the'' and inserting ``The'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``A State that
receives funds apportioned to the State
under section 104(b)(8) or an'' and
inserting ``An''; and
(II) by striking ``if the State or
eligible entity'' and inserting ``if
the eligible entity''; and
(ii) in subparagraph (B)--
(I) in clause (i) by striking
``funds apportioned to a State under
section 104(b)(8) or'';
(II) in clause (ii) by striking
``carried out with funds under
subsection (c) or a grant'' and
inserting ``carried out with a grant'';
and
(III) in clause (iii)--
(aa) in subclause (I) by
striking ``carried out with
funds under subsection (c) or a
grant'' and inserting ``carried
out with a grant''; and
(bb) in subclause (II) by
striking ``funds under
subsection (c) or''; and
(B) in paragraph (2)(D)(iv)(II) by striking
``apportioned to the State under section 104(b)(8)
or''; and
(6) in subsection (f)(1) by striking ``Not later than 18
months after the date of enactment of this section, the'' and
inserting ``The''.
SEC. 1127. CODIFICATION AND IMPROVEMENT OF JASON'S LAW.
(a) Sense of Congress.--It is the sense of Congress that it is a
national priority to address projects under this section for the
shortage of parking for commercial motor vehicles on the National
Highway System to improve the safety of motorized and nonmotorized
users and for commercial motor vehicle operators.
(b) Parking for Commercial Motor Vehicles.--Chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``Sec. 180. Parking for commercial motor vehicles
``(a) Definitions.--In this section:
``(1) Commercial motor vehicle.--The term `commercial motor
vehicle' has the meaning given such term in section 31132 of
title 49.
``(2) Safety rest area.--The term `safety rest area' has
the meaning given such term in section 120(c)(1).
``(b) Grant Authority.--The Secretary shall make grants, on a
competitive basis, to eligible entities for projects to provide public
parking for commercial motor vehicles and improve the safety of
commercial motor vehicle drivers.
``(c) Eligible Entities.--
``(1) In general.--An entity eligible to receive a grant
under this section is any of the following:
``(A) A State.
``(B) A metropolitan planning organization.
``(C) A unit of local government.
``(D) A political subdivision of a State or local
government carrying out responsibilities relating to
commercial motor vehicle parking.
``(E) A Tribal government or a consortium of Tribal
governments.
``(F) A multistate or multijurisdictional group of
entities described in subparagraphs (A) through (E).
``(2) Private sector participation.--An eligible entity
that receives a grant under this section may partner with a
private entity to carry out a project under this section.
``(d) Eligible Projects.--
``(1) In general.--An eligible entity may use a grant
provided under this section for a project described in
paragraph (2) that is on--
``(A) a Federal-aid highway; or
``(B) a facility with reasonable access (as
described in section 658.19 of title 23, Code of
Federal Regulations (or a successor regulation)) to--
``(i) a Federal-aid highway; or
``(ii) a freight facility.
``(2) Projects described.--A project referred to in
paragraph (1) is a project--
``(A) to construct a safety rest area that includes
parking for commercial motor vehicles;
``(B) to construct additional commercial motor
vehicle parking capacity--
``(i) adjacent to a private commercial
truck stop or travel plaza;
``(ii) within the boundaries of, or
adjacent to, a publicly owned freight facility,
including a port terminal operated by a public
authority;
``(iii) at an existing facility, including
an inspection or weigh station and a park-and-
ride location; or
``(iv) at another suitable facility, as
determined by the eligible entity, in
concurrence with the Secretary;
``(C) to reopen an existing weigh station, safety
rest area, park-and-ride facility, or other government-
owned facility, that is not in use, for commercial
motor vehicle parking;
``(D) to construct or make capital improvements to
an existing public commercial motor vehicle parking
facility to expand parking use and availability,
including at a seasonal facility;
``(E) to identify, promote, and manage the
availability of publicly and privately provided
commercial motor vehicle parking, such as through the
use of intelligent transportation systems;
``(F) to improve the personal safety of commercial
motor vehicle drivers at a parking facility as part of
a project described in subparagraphs (A) through (D);
``(G) to improve a parking facility, including
through truck stop electrification systems, as part of
a project described in subparagraphs (A) through (D);
``(H) to construct turnouts for commercial motor
vehicles; or
``(I) to improve the geometric designs of
interchanges to improve access to safety rest areas and
commercial motor vehicle parking facilities.
``(e) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a description of the proposed project; and
``(2) any other information that the Secretary determines
to be necessary.
``(f) Selection Criteria.--The Secretary may select a project to
receive a grant under this section only if the Secretary determines
that--
``(1) there is a shortage of commercial motor vehicle
parking capacity in the corridor in which the project is
located;
``(2) the eligible entity has consulted with motor
carriers, commercial motor vehicle drivers, public safety
officials, and private providers of commercial motor vehicle
parking regarding the project;
``(3) the project will likely--
``(A) increase the availability or utilization of
commercial motor vehicle parking;
``(B) facilitate the efficient movement of freight;
or
``(C) improve highway safety, traffic congestion,
and air quality; and
``(4) the eligible entity demonstrates the ability to
provide for the maintenance and operation of the facility.
``(g) Additional Consideration.--To the maximum extent practicable,
the Secretary shall select projects to receive grants under the program
in a manner that--
``(1) prioritizes projects based on the severity of the
commercial motor vehicle parking capacity shortage in the area
and the degree to which such projects would alleviate such
shortage; and
``(2) maximizes the geographic distribution among grant
recipients, including a balance between the need of new
commercial motor vehicle parking capacity across rural and
urban communities.
``(h) Use of Funds.--
``(1) In general.--In accordance with the limitations in
paragraph (2), an eligible entity may use a grant under this
section for--
``(A) development phase activities, including
planning, feasibility analysis, benefit-cost analysis,
environmental review, preliminary engineering and
design work, and other preconstruction activities
necessary to advance a project under this section; and
``(B) construction and operational improvements.
``(2) Limitations.--
``(A) Planning and preliminary work.--An eligible
entity may use not more than 20 percent of the amount
of a grant under this section for activities described
in paragraph (1)(A).
``(B) Parking availability management.--
``(i) In general.--Except as provided in
clause (ii), not more than 10 percent of the
amounts made available for each fiscal year for
grants under this section may be used for
projects described in subsection (d)(2)(E) that
solely identify, promote, and manage the
availability of existing commercial motor
vehicle parking.
``(ii) Exception.--Clause (i) shall not
apply to a project described in subsection
(d)(2)(E) that is part of a larger project to
expand commercial motor vehicle parking
capacity.
``(3) Prohibition.--
``(A) In general.--No amounts made available to an
eligible entity pursuant to this section may be used
for construction or development phase activities that
would enable the construction of charging or fueling
infrastructure for the propulsion of a vehicle,
including a commercial motor vehicle.
``(B) Savings provision.--Nothing in this paragraph
limits the use of funds other than funds made available
to carry out this section.
``(i) Requirements.--
``(1) Publicly accessible parking.--Commercial motor
vehicle parking constructed, opened, or improved with funds
from a grant under this section shall be open and accessible to
all commercial motor vehicle drivers.
``(2) Prohibition on charging fees.--No fee may be charged
by an eligible entity to a commercial motor vehicle driver to
gain access to parking constructed, opened, maintained, or
improved with a grant under this section.
``(j) Treatment of Projects.--Notwithstanding any other provision
of law, a project carried out under this section shall be treated as a
project on a Federal-aid highway under this chapter.
``(k) Period of Availability of Funds.--Amounts made available for
a project under this section shall remain available for a period of 3
years after the last day of the fiscal year in which the amounts are
made available.
``(l) Survey and Comparative Assessment.--
``(1) In general.--Not later than 4 years after the date of
enactment of this section, and every 2 years thereafter, the
Secretary, in consultation with appropriate State motor carrier
safety personnel, motor carriers, State departments of
transportation, and private providers of commercial motor
vehicle parking, 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 availability of adequate
parking and rest facilities, taking into account both
private and public facilities, for commercial motor
vehicles engaged in interstate transportation;
``(B) evaluates the effectiveness of the projects
funded under this section in improving access to
commercial motor vehicle parking;
``(C) evaluates the ability of recipients of a
grant under this section to sustain the operation of
parking facilities constructed with funds provided
under this section; and
``(D) reports on the status of ongoing projects to
provide adequate commercial motor vehicle parking
facilities.
``(2) Results.--The Secretary shall make each report under
paragraph (1) available to the public on the website of the
Department of Transportation.
``(3) Alignment of reports.--In carrying out this
subsection, the Secretary shall--
``(A) consider the results of the commercial motor
vehicle parking facilities assessments of States under
subsection (f) of section 70202 of title 49; and
``(B) seek to align the contents of each report
under paragraph (1) and the submission and publication
of such reports with the State freight plans developed
and updated under such section.''.
(c) Clerical and Conforming Amendments.--
(1) Clerical amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``180. Parking for commercial motor vehicles.''.
(2) Conforming amendment.--Section 1401 of MAP-21 (23
U.S.C. 137 note), and the item relating to such provision in
the table of contents under section 1(c) of such Act, are
repealed.
SEC. 1128. CONSOLIDATED FUNDING PILOT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 181. Consolidated funding pilot program
``(a) In General.--Beginning in fiscal year 2028, the Secretary
shall establish and carry out a pilot program to allow not more than 10
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 the
selection of a State to receive a block grant under this Act, including
requiring that each recipient State--
``(1) meets minimum levels for the condition of pavement
established by the Secretary under section 150(c)(3);
``(2) meets 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) meets recertification requirements for State asset
management plans for the National Highway System as described
in section 119(e).
``(c) Applications.--
``(1) Request.--The Secretary shall request applications
for participation under this section in accordance with
paragraph (2).
``(2) Contents.--An application submitted to the Secretary
under this paragraph shall include a plan on how the State and
each affected metropolitan planning organization will continue
to meet, or make significant progress toward meeting,
performance measures and standards under section 150(c).
``(d) Use of Block Grant Funds.--
``(1) Eligibility.--Funds made available to a State under
this program shall be eligible for use for any project
eligible--
``(A) under the national highway performance
program under section 119;
``(B) under the surface transportation block grant
program under section 133;
``(C) under the highway safety improvement program
under section 148;
``(D) under the congestion mitigation and air
quality improvement program under section 149;
``(E) for metropolitan planning under section 134;
and
``(F) under the national highway freight and high
priority corridor program under section 167.
``(2) Allocations of apportioned funds to areas based on
population.--
``(A) Allocation.--Of the total amount of funds
provided under this section in a fiscal year for
projects described under paragraph (1)--
``(i) 25 percent shall be obligated under
this section, in proportion to their relative
shares of the population of the State--
``(I) in urbanized areas of the
State with an urbanized area population
of over 200,000;
``(II) in urbanized areas of the
State with an urbanized area population
of not less than 50,000 and not more
than 200,000;
``(III) in urban areas of the State
with a population not less than 5,000
and not more than 49,999; and
``(IV) in other areas of the State
with a population less than 5,000; and
``(ii) the remainder may be obligated in
any area of the State.
``(B) Metropolitan areas.--Funds attributed to an
urbanized area under subparagraph (A)(i)(I) may be
obligated in the metropolitan area established under
section 134 that encompasses the urbanized area.
``(C) Local consultation.--
``(i) Consultation with metropolitan
planning organizations.--For purposes of
subclause (II) of subparagraph (A)(i), a State
shall--
``(I) establish a new process or
utilize the process established under
clause (i) of section 133(d)(3)(A) to
consult with all metropolitan planning
organizations in the State that
represent an urbanized area described
in such clause; and
``(II) describe how funds allocated
for areas described in such clause will
be allocated equitably among the
applicable urbanized areas.
``(ii) Consultation with regional
transportation planning organizations.--For
purposes of subclauses (III) and (IV) of
subparagraph (A)(i), before obligating funding
attributed to an area with a population less
than 50,000, a State shall consult with the
regional transportation planning organizations
that represent the area, if any.
``(D) Distribution among urbanized areas of over
200,000 population.--
``(i) In general.--Except as provided in
clause (ii), the amount of funds that a State
is required to obligate under subparagraph
(A)(i)(I) shall be obligated in urbanized areas
described in subparagraph (A)(i)(I) based on
the relative population of the areas.
``(ii) Other factors.--The State may
obligate the funds described in clause (i)
based on other factors if the State and the
relevant metropolitan planning organizations
jointly apply to the Secretary for the
permission to base the obligation on other
factors and the Secretary grants the request.
``(E) Applicability for planning requirements.--
Programming and expenditure of funds for projects under
this section shall be consistent with sections 134 and
135.
``(3) Obligation authority.--
``(A) In general.--A State that is required to
obligate in an urbanized area with an urbanized area
population of over 200,000 individuals funds referred
to under paragraph (2)(A)(i)(I) shall make available an
amount of obligation authority distributed to the State
for Federal-aid highways and highway safety
construction programs for use in the area that is equal
to the amount obtained by multiplying--
``(i) the aggregate amount of funds that
the State is required to obligate in the area
under paragraph (2) during the period; and
``(ii) the ratio that--
``(I) the aggregate amount of
obligation authority distributed to the
State for Federal-aid highways and
highway safety construction programs
during the period; bears to
``(II) the total of the sums
apportioned to the State for Federal-
aid highways and highway safety
construction programs (excluding sums
not subject to an obligation
limitation) during the period.
``(B) Joint responsibility.--Each State, each
affected metropolitan planning organization, and the
Secretary shall jointly ensure compliance with
subparagraph (A).
``(e) Block Grant Selection.--
``(1) Issuance.--The Secretary shall provide grants under
this section beginning with fiscal year 2028.
``(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 terminate on October 1, 2031.
``(f) Progress Report.--
``(1) In general.--Not later than 2 years after the first
fiscal year in which funds are provided under this section, a
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 the date on 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.
``(5) Rule of construction.--Nothing in this section shall
be construed to exempt a State from completing any other
transportation plans required under this title.
``(g) 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.
``(h) Definition of Base Apportionment.--In this section, the term
`base apportionment' has the meaning given the term in section
104(h).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is further amended by adding at the end the
following:
``181. Consolidated funding pilot program.''.
SEC. 1129. REGISTRATION FEE ON MOTOR VEHICLES.
(a) In General.--Chapter 1 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 182. Registration fee on motor vehicles
``(a) In General.--The Administrator of the Federal Highway
Administration shall impose for each year the following registration
fee amounts on the owner of a vehicle registered for operation by a
State motor vehicle department:
``(1) $130 for a covered electric vehicle.
``(2) $35 for a covered plug-in hybrid vehicle.
``(b) Withholding of Funds for Noncompliance.--
``(1) In general.--If a State fails to comply with the
requirements under subsection (c), the Administrator shall
withhold, from amounts required to be apportioned to any State
under section 104(b), an amount equal to 125 percent to the
amount required to be remitted under subsection (c)(2).
``(2) Timing.--The Administrator shall withhold the amount
on the first day of each fiscal year beginning after September
30, 2027, in which the State does not meet the requirements of
subsection (c) until the date that is 30 days after the date on
which the State meets such requirements.
``(c) Collection and Remittance of Fee.--
``(1) Collection of fee.--A State motor vehicle department,
or an equivalent to such department, shall--
``(A) incorporate the collection of the fees
established under subsection (a) into the vehicle
registration and renewal processes administered by such
department, so long as such fees are imposed for each
year in which the fees are required; or
``(B) obtain approval from the Administrator to
establish an alternate means of compliance for the
collection of such fees that is acceptable to the
Administrator.
``(2) Remittance of fee.--Not later than 30 days after the
last day of each month, a State motor vehicle department shall
remit to the Administrator the balance of the total fee amounts
collected under this section in the preceding month less the
portion reserved for administrative expenses under subsection
(e).
``(d) Fee Adjustment.--
``(1) In general.--Subject to the limitations in paragraph
(2), beginning in 2029, the Administrator shall biennially
increase the amounts specified in subsection (a) by $5.
``(2) Limitations.--The amount specified in--
``(A) subsection (a)(1) shall not be increased to
an amount that exceeds $150; and
``(B) subsection (a)(2) shall not be increased to
an amount that exceeds $50.
``(e) Administrative Expenses.--In any fiscal year in which a State
is in compliance with this section, such State may retain an amount not
to exceed 1 percent of the total fees collected under this section for
administrative expenses.
``(f) Applicability of Fees.--The fees imposed under paragraphs (1)
and (2) of subsection (a) shall terminate on October 1, 2036.
``(g) Definitions.--In this section:
``(1) Covered electric vehicle.--The term `covered electric
vehicle' means a covered motor vehicle that meets the
definition of `electric vehicle' under section 86.1803-01 of
title 40, Code of Federal Regulations (as in effect on the date
of enactment of the BUILD America 250 Act).
``(2) Covered motor vehicle.--The term `covered motor
vehicle' has the meaning given the term `motor vehicle' under
section 154(a) but excludes a motor vehicle that is a covered
farm vehicle or commercial motor vehicle (as such terms are
defined in section 390.5 of title 49, Code of Federal
Regulations).
``(3) Covered plug-in hybrid vehicle.--The term `covered
hybrid vehicle' means a covered motor vehicle that meets the
definition of `plug-in hybrid electric vehicle' under section
86.1803-01 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the BUILD America 250
Act).''.
(b) Implementation of Certain Processes.--
(1) Implementation.--The Administrator of the Federal
Highway Administration may provide grants to State motor
vehicle departments, or equivalent departments, to implement a
process to carry out section 182 of title 23, United States
Code.
(2) Funding.--There is authorized to be appropriated
$104,000,000 to carry out this subsection, to remain available
until September 30, 2030.
(3) Eligible amounts.--Each State motor vehicle department
may receive not more than $2,000,000 under this subsection.
(c) Regulations.--The Administrator shall issue such regulations
and guidance as are necessary to--
(1) carry out section 182 of title 23, United States Code
(as added by this section); and
(2) establish a process for the timely and accurate
remittance of fees collected under such section through an
electronic method.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the status of the implementation of section 182 of title 23, United
States Code (as added by this section).
(e) Sense of the Committee.--It is the sense of the Committee on
Transportation and Infrastructure of the House of Representatives that
registration fees collected under section 182 of title 23, United
States Code (as added by this Act), should be deposited into the
Highway Trust Fund and divided between accounts of such Trust Fund in
the same manner as excise taxes enacted after 1982 are deposited into
such Trust Fund.
(f) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
182. Registration fee on motor vehicles.
SEC. 1130. TRANSFER OF REAL PROPERTY NO LONGER NEEDED.
(a) In General.--Chapter 1 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 183. Transfer of real property no longer needed
``(a) In General.--If a recipient of assistance under this chapter
determines real property acquired at least in part with such assistance
is no longer necessary for the purpose for which such real property was
acquired, the Secretary may authorize the recipient to transfer such
real property, with no further obligation to the Government.
``(b) Conditions.--The Secretary may only authorize the transfer
described under subsection (a) if the Secretary determines--
``(1) there is no longer a purpose for the real property
eligible for assistance under this chapter for which such
property should be used;
``(2) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation and
return of the financial interest of the Government in the real
property, after considering fair market value and other
factors; and
``(3) through an appropriate screening or survey process,
that there is no interest in acquiring the real property for
Government use.
``(c) Recipients.--The Secretary may only authorize a transfer
described under subsection (a) to--
``(1) a local governmental authority if such real property
will remain a public asset for at least 10 years after the date
on which the real property is transferred;
``(2) a local governmental authority or nonprofit
organization for the development of the real property; or
``(3) a third-party entity for the development of the real
property, if the Secretary determines that--
``(A) a local governmental authority or nonprofit
organization is unable to receive the real property;
``(B) the overall benefit of allowing the transfer
of the real property is greater than the interest of
the Government in selling the property, after
considering fair market value and other factors; and
``(C) the third-party entity has demonstrated a
satisfactory history of construction or operating an
affordable housing development.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is further amended by adding at the end the
following:
``183. Transfer of real property no longer needed.''.
SEC. 1131. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
Section 201(b)(7) of title 23, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``program or the'' and inserting
``program, the''; and
(B) by striking ``program shall'' and inserting
``program, or any project carried out using funds
awarded to an Indian Tribe under a competitive grant
program under this title or chapter 67 of title 49
shall''; and
(2) in subparagraph (B) by striking ``be be'' and inserting
``be''.
SEC. 1132. TRIBAL TRANSPORTATION PROGRAM.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (a)(8)(A) by inserting ``grading and''
after ``excluding road'';
(2) in subsection (e)(1) by striking ``section 148(a)(4).''
and inserting ``paragraphs (4) and (11) of section 148(a).'';
and
(3) by adding at the end the following:
``(g) Consolidated Delivery.--
``(1) In general.--Notwithstanding any other provision of
law and subject to paragraph (2), grant funds awarded to an
Indian Tribe from a competitive grant program administered by
the Federal Highway Administration and made available to an
Indian Tribe under a competitive program administered by the
Federal Highway Administration or the Secretary may, at the
request of such Indian Tribe, be administered as if allocated
under this section.
``(2) Set-asides not applicable.--The following set-asides
shall not apply to funds described in paragraph (1):
``(A) The set-aside described in subparagraph (C)
of subsection (b)(3).
``(B) The set-asides described in subsections
(a)(6), (c), and (e).
``(C) The set-aside described in section 1123(h)(1)
of MAP-21 (23 U.S.C. 202 note).''.
SEC. 1133. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203 of title 23, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by redesignating clauses (iv), (v),
(vi), and (vii) as clauses (v), (vi), (viii),
and (ix), respectively;
(ii) by inserting after clause (iii) the
following:
``(iv) provisions for individuals with
disabilities;''; and
(iii) by inserting after clause (vi) (as so
redesignated) the following:
``(vii) projects to improve the resilience
of Federal lands transportation facilities;
and''; and
(B) in subparagraph (D)--
(i) by inserting ``than'' after ``not
more''; and
(ii) by striking ``(A)(iv)(I)'' and
inserting ``(A)(v)(I)''; and
(2) in subsection (b)(1)--
(A) by striking ``October 1, 2011, and on''; and
(B) by striking ``thereafter''.
SEC. 1134. FEDERAL LANDS ACCESS PROGRAM.
Section 204(a) of title 23, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by redesignating clauses (iv) through
(ix) as clauses (v) through (x), respectively;
and
(ii) by inserting after clause (iii) the
following:
``(iv) provisions for individuals with
disabilities;''; and
(B) in subparagraph (C) by inserting ``, including
a project to improve the resilience of such a
transportation facility'' after ``Federal land''; and
(2) by striking paragraph (6).
SEC. 1135. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
Section 1123(c)(3) of the FAST Act (23 U.S.C. 201 note) is amended
by striking ``$12,500,000'' and inserting ``$5,000,000''.
SEC. 1136. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP-21 (23 U.S.C. 202 note) is amended--
(1) in paragraph (1) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''; and
(2) in paragraph (2) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''.
SEC. 1137. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574) is
amended, in the matter preceding paragraph (1), by striking ``fiscal
years 2022 through 2026'' and inserting ``fiscal years 2027 through
2031''.
SEC. 1138. UPDATE TO NONMOTORIZED TRAILS DEFINITION.
Section 206 of title 23, United States Code, is amended--
(1) in subsection (a)(1) by striking ``except for a
motorized wheelchair.'' and inserting ``except for
``(A) a motorized wheelchair; and
``(B) an electric bicycle (as such term is defined
in section 217(j)).''; and
(2) by adding at the end the following:
``(j) Authority to Limit Use.--Notwithstanding subsection
(a)(1)(B), a State or local government may restrict or prohibit the
operation of an electric bicycle, including a specific class of
electric bicycle, on a nonmotorized recreational trail.''.
Subtitle B--Improved Project Delivery and Environmental Streamlining
SEC. 1201. PROJECT APPROVAL AND OVERSIGHT.
Section 106 of title 23, United States Code, is amended--
(1) in subsection (e)(2)--
(A) in subparagraph (A)--
(i) by striking ``$50,000,000'' and
inserting ``$100,000,000''; and
(ii) by adding ``and'' at the end;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(2) in subsection (h)--
(A) in paragraph (1) by striking ``$500,000,000''
and inserting ``$1,000,000,000''; and
(B) by adding at the end the following:
``(4) Total cost.--The estimated total cost for a major
project described in paragraph (1) shall be adjusted annually
to reflect increases in the rate of inflation as measured by
Consumer Price Index for All Urban Consumers published by the
Department of Labor.''.
SEC. 1202. EXEMPTION FROM REVIEW.
(a) Title 23.--Section 138 of title 23, United States Code, is
amended by adding at the end the following:
``(g) Certain Undertakings.--
``(1) In general.--An undertaking described in appendix A
or that has received the appropriate determination described in
appendix B of the notice of approval issued by the Advisory
Council on Historic Preservation titled `Program Comment on
Certain Housing, Building, and Transportation Undertakings',
published on April 2, 2025 (90 Fed. Reg. 14526) that is part of
a transportation program or project shall not be considered use
under subsection (a).
``(2) Rule of construction.--The exemption under paragraph
(1) shall not be construed to apply to any other aspect of a
transportation program or project that is not an undertaking
described in such paragraph.
``(3) Applicability on tribal land.--The exemption under
this subsection shall not apply to undertakings located on
Tribal lands, or to undertakings that may affect historic
properties located on Tribal lands, unless the applicable
Tribal historic preservation officer or a designated
representative of the applicable Indian Tribe has provided
prior written notification to the Secretary that the Tribe
consents to the use of the exemption under this subsection.''.
(b) Title 49.--Section 303 of title 49, United States Code, is
amended--
(1) in subsection (d)(2)(A) by striking ``, United States
Code''; and
(2) by adding at the end the following:
``(i) Certain Undertakings.--
``(1) In general.--An undertaking described in appendix A
or that has received the appropriate determination described in
appendix B of the notice of approval issued by the Advisory
Council on Historic Preservation titled `Program Comment on
Certain Housing, Building, and Transportation Undertakings',
published on April 2, 2025, (90 Fed. Reg. 14526) that is part
of a transportation program or project shall not be considered
use under subsection (a).
``(2) Rule of construction.--The exemption under paragraph
(1) shall not be construed to apply to any other aspect of a
transportation program or project that is not an undertaking
described in such paragraph.
``(3) Applicability on tribal land.--The exemption under
this subsection shall not apply to undertakings located on
Tribal lands, or to undertakings that may affect historic
properties located on Tribal lands, unless the applicable
Tribal historic preservation officer or a designated
representative of the applicable Indian Tribe has provided
prior written notification to the Secretary that the Tribe
consents to the use of the exemption under this subsection.''.
SEC. 1203. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING
AND ONE FEDERAL DECISION.
Section 139 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1)(B) by striking ``may'' and
inserting ``shall''; and
(B) in paragraph (7)--
(i) in subparagraph (A) by striking ``shall
review'' and inserting ``shall biennially
review''; and
(ii) in subparagraph (C)--
(I) in the heading by striking
``Report'' and inserting ``Briefing'';
and
(II) by striking ``Not later than''
and all that follows through ``that
includes'' and inserting ``Not later
than 30 days after the completion of
each review required under subparagraph
(A), the Secretary shall provide to the
Committee on Transportation and
Infrastructure of the House of
Representatives and the Committee on
Environment and Public Works of the
Senate a briefing that includes'';
(2) in subsection (d)--
(A) in paragraph (2) by striking ``45 days'' and
inserting ``30 days'';
(B) in paragraph (8)(D) by striking ``project if''
and inserting ``project only if''; and
(C) in paragraph (10)--
(i) in subparagraph (B) by striking
``final''; and
(ii) in subparagraph (C) by striking
``subparagraph (A) if'' and inserting
``subparagraph (A) only if'';
(3) in subsection (f)--
(A) in paragraph (1) by striking ``process'' and
inserting ``process and before the definition of a
project's purpose and need in paragraph (2)''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Definition.--
``(A) In general.--The lead agency shall define
such project's purpose and need for purposes of any
document which the lead agency is responsible for
preparing for the project.
``(B) Deadline.--The lead agency shall define such
project's purpose and need not later than 45 days
after--
``(i) the submission by the project sponsor
of the appropriate information to inform the
purpose and need description; or
``(ii) any appropriately completed proposed
revision to a project that affects the purpose
and need description previously prepared or
accepted by the lead agency.
``(C) Technical assistance.--The Secretary may
provide a project sponsor with technical assistance in
drafting--
``(i) a purpose and need statement; and
``(ii) any necessary supporting
documentation for projects involving Federal
approvals from more than 1 Federal agency.'';
(4) in subsection (g)(1)--
(A) in subparagraph (B) by striking clause (iii)
and inserting 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
concurrence with the project sponsor, a
schedule for the major project that is
consistent with the following agency averages
for the completion of the environmental review
process for major projects--
``(I) not more than 2 years for an
environmental impact statement, as
measured from the date of publication
of a notice of intent to prepare an
environmental impact statement to the
record of decision; or
``(II) not more than 1 year for an
environmental assessment, as measured
from the date on which the head of the
lead agency determines that an
environmental assessment is required to
a finding of no significant impact.'';
and
(B) by striking subparagraph (D) and inserting the
following:
``(D) Modification.--
``(i) In general.--Subject to the
provisions of this subparagraph, the lead
agency may not lengthen or shorten a schedule
established under subparagraph (B) except for
good cause.
``(ii) Provisions.--
``(I) Lengthened schedules.--The
lead agency may only lengthen a
schedule under clause (i) for a
cooperating Federal agency by not more
than 1 year after the latest deadline
established for the major project by
the lead agency.
``(II) Shortened schedules.--The
lead agency may not shorten a schedule
under clause (i) if doing so would
impair the ability of a cooperating
Federal agency to conduct necessary
analyses or otherwise carry out
relevant obligations of the Federal
agency for the project.'';
(5) in subsection (h)--
(A) in paragraph (4) by striking ``unless
significant'' and inserting ``unless, as determined by
the lead agency, significant and relevant'';
(B) in paragraph (7)(D) by striking ``certifies
that'' and inserting ``certifies to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate that''; and
(C) in paragraph (8)(B)--
(i) in the matter preceding clause (i) by
striking ``120 days after the date of enactment
of the MAP-21'' and inserting ``90 days''; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) A project that requires the
preparation of an environmental impact
statement.
``(iii) A sample of not less than 5 percent
of the projects requiring preparation of an
environmental assessment in each State.'';
(6) in subsection (i) by striking ``establish'' and
inserting ``establish, maintain, and continuously improve'';
(7) in subsection (j)(3) by striking ``section 204'' and
inserting ``section 203 or section 204'';
(8) in subsection (l)(1) by striking ``highway or public
transportation'' and inserting ``highway, public
transportation, or rail'';
(9) in subsection (n) by striking paragraph (3) and
inserting the following:
``(3) Length of environmental documents.--
``(A) Environmental impact statements.--
``(i) In general.--Except as provided in
clause (ii), an environmental impact statement
shall not exceed 150 pages, not including any
citations or appendices.
``(ii) Extraordinary complexity.--An
environmental impact statement for a proposed
action of extraordinary complexity, as
determined by the lead agency, shall not exceed
300 pages, not including any citations or
appendices.
``(B) Environmental assessments.--An environmental
assessment shall not exceed 75 pages, not including any
citations or appendices.''; and
(10) in subsection (q)--
(A) in paragraph (1) by striking ``Not later than
60 days after the date of enactment of this subsection,
and every 4 years thereafter, the Secretary shall'' and
inserting ``Not less than every 3 years, the Secretary
shall''; and
(B) in paragraph (2)--
(i) in subparagraph (F) by striking ``and''
at the end;
(ii) by redesignating subparagraph (G) as
subparagraph (H); and
(iii) by inserting after subparagraph (F)
the following:
``(G) the Environmental Protection Agency; and''.
SEC. 1204. REPORTING PROGRAM.
Section 157(b) of title 23, United States Code, is amended by
adding at the end the following:
``(4) Public availability.--The Secretary shall make any
report issued pursuant to this subsection publicly available on
the website of the Department not later than 30 days after
submission of the report under paragraph (1).''.
SEC. 1205. TERMINATION OF ENVIRONMENTAL REVIEW IMPLEMENTATION FUNDS
PROGRAM.
Section 178 of title 23, United States Code, and the item relating
to such section in the analysis for chapter 1 of such title, are
repealed.
SEC. 1206. STREAMLINING OF ENVIRONMENTAL DOCUMENT PREPARATION.
(a) Use of Planning Information.--Section 304a of title 49, United
States Code, is amended by adding at the end the following:
``(d) Use of Planning Information.--An operating administration of
the Department of Transportation that is the lead agency for the
preparation of an environmental impact statement may eliminate an
alternative for a project proposed in the environmental impact
statement from detailed consideration if--
``(1) the alternative was previously considered in--
``(A) a metropolitan planning process by a
metropolitan planning organization;
``(B) an environmental review process carried out
under State law by a State or local transportation
agency; or
``(C) a State rail plan under chapter 227 that has
been approved by the Secretary;
``(2) the lead agency provided guidance to the applicable
planning or review entity regarding analysis of alternatives in
the applicable planning or review process, including guidance
on the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and any other Federal law
necessary for approval of the project;
``(3) the applicable metropolitan planning process or State
environmental review process included an opportunity for public
review and comment that is comparable to the applicable public
review and comment requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(4) the applicable planning or review entity considered
and, after considering public comments gathered pursuant to
paragraph (3), rejected the alternative;
``(5) the Federal lead agency independently reviewed the
alternative evaluation approved by the applicable planning or
review entity; and
``(6) the Federal lead agency determined--
``(A) in consultation with Federal participating or
cooperating agencies, that the alternative to be
eliminated from consideration is not necessary for
compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
``(B) with the concurrence of Federal agencies with
jurisdiction over a permit or approval required for a
project, that the alternative to be eliminated from
consideration is not necessary for any permit or
approval under any other Federal law.''.
(b) Planning Product Definition.--Section 168(a)(3) of title 23,
United States Code, is amended to read as follows:
``(3) Planning product.--The term `planning product' means
a decision, analysis, study, or other documented information
that is the result of an evaluation or decision-making process
of--
``(A) a metropolitan planning process by a
metropolitan planning organization under section 134;
``(B) a State transportation planning process under
section 135;
``(C) an environmental review process carried out
under State law by a State or local transportation
agency;
``(D) a State rail plan under chapter 227 of title
49 that has been approved by the Secretary; or
``(E) any other transportation planning process
authorized by State law.''.
(c) Alternative Analysis.--Section 139(f)(4)(E) of title 23, United
States Code, is amended--
(1) by striking clause (i)(II) and inserting the following:
``(II) the evaluations of
alternatives in a planning or review
process described in clause (ii)(I).'';
and
(2) in clause (ii)--
(A) by striking subclause (I) and inserting the
following:
``(I) the alternative was
considered in--
``(aa) a metropolitan
planning process by a
metropolitan planning
organization;
``(bb) a State
environmental review process by
a State or local transportation
agency; or
``(cc) a State rail plan
under chapter 227 of title 49
that has been approved by the
Secretary;'';
(B) in subclause (II) by striking ``metropolitan
planning organization or State or local transportation
agency, as applicable,'' and inserting ``applicable
planning or review entity'';
(C) in subclause (III) by striking ``metropolitan
planning process or State environmental review
process'' and inserting ``planning or review process'';
(D) in subclause (IV) by striking ``metropolitan
planning organization or State or local transportation
agency'' and inserting ``planning or review entity'';
and
(E) in subclause (V) by striking ``metropolitan
planning organization or State or local transportation
agency'' and inserting ``planning or review entity''.
SEC. 1207. STATE AND ELIGIBLE ENTITY ASSUMPTION OF RESPONSIBILITY FOR
CATEGORICAL EXCLUSIONS.
Section 326 of title 23, United States Code, is amended--
(1) in the section heading by inserting ``and eligible
entities'' after ``State'';
(2) by striking ``a State'' and inserting ``an eligible
entity'' each place it appears (excluding subsection (c)(2));
(3) by striking ``States'' and inserting ``eligible
entities'' each place it appears;
(4) by striking ``the State'' and inserting ``the eligible
entity'' each place it appears (excluding subsection
(d)(1)(B)(iii));
(5) in subsection (a)--
(A) in paragraph (1) by striking ``pursuant to
regulations promulgated by the Council on Environmental
Quality under part 1500 of title 40, Code of Federal
Regulations (as in effect on October 1, 2003)'' and
inserting ``pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)'';
(B) in paragraph (4) by inserting ``, public
transportation, or rail'' after ``highway''; and
(C) by adding at the end the following:
``(5) Qualifications.--For an eligible entity that is not a
State, the Secretary shall establish qualifications relating to
the demonstration of legal, technical, and financial
capabilities before permitting such eligible entity to assume
responsibility under this subsection.'';
(6) in subsection (c)--
(A) in paragraph (2)--
(i) in the paragraph heading by striking
``States'' and inserting ``eligible entities'';
and
(ii) by striking ``Governor of a State''
and inserting ``chief executive of an eligible
entity''; and
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``3
years'' and inserting ``5 years''; and
(ii) in subparagraph (C) by striking ``5
years'' and inserting ``10 years'';
(7) in subsection (d)--
(A) in paragraph (1)(B)(iii) by striking ``Governor
of the State'' and inserting ``chief executive of the
eligible entity''; and
(B) in paragraph (2)--
(i) in the paragraph heading by striking
``State'' and inserting ``eligible entity'';
and
(ii) by striking ``90 days'' and inserting
``180 days'';
(8) in subsection (e) in the subsection heading by striking
``State Agency'' and inserting ``Agency''; and
(9) by adding at the end the following:
``(g) Relationship to Locally Administered Projects.--An eligible
entity granted authority under this section may, as appropriate and at
the request of a local government--
``(1) exercise such authority on behalf of the local
government for a locally administered project; or
``(2) provide guidance and training on consolidating and
minimizing the documentation and environmental analyses
necessary for sponsors of a locally administered project to
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and any comparable requirements under
State law.
``(h) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a State; or
``(2) a direct recipient of funds under chapter 53 of title
49 that is located in an urbanized area with a population of
more than 200,000 individuals.''.
SEC. 1208. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A) by inserting ``or partially
within, including projects that cross State boundaries
and projects that are adjacent to international
boundaries,'' after ``projects within''; and
(B) by adding at the end the following:
``(H) Projects crossing state boundaries.--For any
project crossing a State boundary, a State assuming the
responsibilities of the Secretary under this section
shall receive concurrence from the impacted State or
States through which the project crosses.'';
(2) in subsection (b)(2) in the matter preceding
subparagraph (A)--
(A) by striking ``Not later than 270 days after the
date on which amendments to this section by the MAP-21
take effect, the'' and inserting ``The''; and
(B) by striking ``amend, as appropriate,'' and
inserting ``maintain and, as appropriate, update'';
(3) in subsection (c)--
(A) in paragraph (6) by striking ``and'';
(B) in paragraph (7) by striking ``10 years, have a
term of 10 years.'' and inserting ``5 years, have a
term of 10 years; and''; and
(C) by adding at the end the following:
``(8) include only requirements of the State described in
this section.'';
(4) in subsection (g)--
(A) in paragraph (1)(D) by striking ``(including
public comment and responses to those comments)''; and
(B) by amending paragraph (2) to read as follows:
``(2) Public availability.--An audit conducted under
paragraph (1) shall be made publicly available by the Secretary
on the website of the Department.'';
(5) in subsection (i) by striking ``Congress'' and
inserting ``the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate''; and
(6) in subsection (j)(2) by striking ``90 days'' and
inserting ``180 days''.
SEC. 1209. PROGRAM FOR ELIMINATING DUPLICATION OF ENVIRONMENTAL
REVIEWS.
Section 330 of title 23, United States Code, is amended--
(1) by striking subsection (k); and
(2) by redesignating subsection (l) as subsection (k).
SEC. 1210. TRAINING AND EDUCATION; BEST PRACTICES.
(a) In General.--Section 504(a) of title 23, United States Code, is
amended--
(1) in paragraph (3)(A)(i)--
(A) by striking ``asset management,'' and inserting
``contracting, procurement, and asset management,'';
(B) by redesignating subclauses (I) through (IV) as
subclauses (IV) through (VII); and
(C) by inserting after the matter preceding
subclause (IV) (as redesignated by this section) the
following:
``(I) contract management
throughout all stages of procurement;
``(II) the need for specificity in
initial contract scoping and language
to reduce project uncertainty, the
potential for project scope changes
after a contract has been awarded, and
the risk of cost overruns;
``(III) the importance of
competition in contracting and how
State transportation departments or
transportation agencies should
advertise and conduct outreach to
potential bidders to increase the
bidder pool for projects;'';
(2) in paragraph (3)(A)(ii)--
(A) in subclause (V) by striking ``and'' at the
end;
(B) in subclause (VI) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(VII) managing contracting
officers and engineers and measuring
the performance of such contracting
officers and engineers as such
performance relates to the relative
costs of projects compared to projects
of comparable scopes that are
supervised by other contracting
officers and engineers.''; and
(3) in paragraph (3)(B) by striking ``and finance.'' and
inserting ``finance, and such other courses the Secretary
determines appropriate.''.
(b) Best Practices.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop and transmit
to each State transportation department best practices on--
(A) improving specificity in initial contract
scoping and language to reduce project uncertainty, the
potential for project scope changes after a contract
has been awarded, and the risk of cost overruns;
(B) increasing competition in projects funded with
Federal grants;
(C) improving contract advertisement and conducting
outreach to potential bidders to increase the bidder
pool for projects; and
(D) improving contracting officer and engineer
performance to ensure the greatest value in contracting
by a State department of transportation.
(2) Plans.--Not later than 1 year after the date of
enactment of this Act, each State transportation department
shall submit to the Secretary--
(A) a plan to incorporate the best practices
developed under paragraph (1) into State transportation
department procurement and management processes; and
(B) other best practices of the State
transportation department that achieve the items
specified in subparagraphs (A) through (D) of paragraph
(1).
(3) Periodic revision.--The Secretary shall periodically
review and, if appropriate, revise the best practices developed
under paragraph (1) and transmit such revisions to each State
department of transportation.
SEC. 1211. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.
Section 304a(c) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``a draft environmental impact
statement, an environmental assessment, or a final
environmental impact statement'' and inserting ``an
environmental assessment or environmental impact
statement''; and
(B) by striking ``or final'' and inserting ``or'';
and
(2) in paragraph (3)--
(A) by striking ``a draft environmental impact
statement, an environmental assessment, or a final
environmental impact statement'' and inserting ``an
environmental assessment or environmental impact
statement''; and
(B) by striking ``or final'' and inserting ``or''
in each place it appears.
SEC. 1212. ALIGNING FEDERAL ENVIRONMENTAL REVIEWS.
Section 310 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Not later than 1 year after the
date of enactment of this section, the'' and inserting
``The''; and
(B) by striking ``develop'' and inserting
``establish and periodically update'';
(2) in subsection (b) in the matter preceding paragraph (1)
by striking ``developed'' and inserting ``established'';
(3) in subsection (c)(1)--
(A) by striking ``Not later than 90 days after the
date of enactment of this section, the'' and inserting
``The''; and
(B) by inserting ``and continuously maintain''
after ``jointly develop'';
(4) in subsection (d)--
(A) in paragraph (2)(B) by inserting ``to the
maximum extent practicable'' after ``utilizing''; and
(B) in paragraph (4) by inserting ``relevant''
before ``groups'';
(5) in subsection (e) by striking ``Not later than 1 year
after the date of enactment of this section, the'' and
inserting ``The''; and
(6) in subsection (f)--
(A) by striking paragraph (2);
(B) in paragraph (1)--
(i) in subparagraph (A) by striking ``and''
at the end;
(ii) in subparagraph (B) by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(3) challenges in aligning Federal environmental reviews
under this section.'';
(C) by striking ``Reports'' and all that follows
through ``Not later than'' and inserting ``Reports.--
Not later than''; and
(D) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
SEC. 1213. FTA ALLOWANCE OF LAND ACQUISITION.
Section 5323(q) of title 49, United States Code, is amended--
(1) in the subsection heading by inserting ``; Land
Acquisition'' after ``Preservation'';
(2) in paragraph (1)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``may assist'' and inserting
``may--
``(A) assist''; and
(C) by adding at the end the following:
``(B) pursuant to paragraph (3)(B), reimburse a
recipient for the acquisition of real property
interests before completion of such environmental
reviews without affecting subsequent approvals required
for any project by the State or any Federal agency.'';
(3) in paragraph (2)--
(A) by inserting ``and real property interests''
before ``acquired under''; and
(B) by striking ``anticipation of the project'' and
inserting ``anticipation of a project''; and
(4) by adding at the end the following:
``(3) Recipient-funded early acquisition of real property
interests.--
``(A) In general.--A recipient may carry out, at
the expense of the recipient, acquisitions of interests
in real property for a project before completion of the
review process required for a project under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) without affecting subsequent approvals
required for a project by the State or any Federal
agency.
``(B) Eligibility for reimbursement.--Financial
assistance awarded pursuant to this chapter may be used
by a recipient to participate in the payment of costs
incurred by the recipient for acquisition of real
property interests, acquired in advance of any Federal
approval or authorization, if the real property
interests are subsequently incorporated into a capital
project eligible for financial assistance pursuant to
this chapter.''.
SEC. 1214. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
(a) In General.--Section 1317(1) of MAP-21 (23 U.S.C. 109 note) is
amended--
(1) in the matter preceding subparagraph (A) by striking
``Regulations, and section 771.117(c) of title 23, Code of
Federal Regulations'' and inserting ``Regulations, and sections
771.116(c), 771.117(c), and 771.118(c) of title 23, Code of
Federal Regulations (or any successor regulations or policies
relating to categorical exclusions)'';
(2) in subparagraph (A) by striking ``$6,000,000'' and
inserting ``$12,000,000''; and
(3) in subparagraph (B) by striking ``$35,000,000'' and
inserting ``$70,000,000''.
(b) Codification.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall issue a final rule revising
part 771 of title 23, Code of Federal Regulations, to reflect the
amendments made by subsection (a).
(c) Adoption by Other Federal Agencies.--
(1) Limitation.--Notwithstanding any other provision of
law, after the date of enactment of this Act, a categorical
exclusion described in section 1317(1) of MAP-21 (23 U.S.C. 109
note) may be used only by the Department.
(2) Rule of construction.--Nothing in this section shall be
construed to affect the adoption or use of such categorical
exclusion by any Federal agency as it was in effect on the date
before the date of enactment of this Act.
SEC. 1215. PROGRAMMATIC AGREEMENTS.
(a) In General.--Section 1318 of MAP-21 (23 U.S.C. 109 note) is
amended--
(1) in subsection (d)--
(A) in paragraph (2) by striking ``Federal Highway
Administration'' and inserting ``Secretary''; and
(B) by striking paragraph (3) and inserting the
following:
``(3) Determinations.--An agreement described in paragraph
(2) may include determinations by the Secretary of the types of
projects categorically excluded (consistent with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) in
the State in addition to the types listed in applicable
regulations and orders.''; and
(2) in subsection (e)--
(A) in paragraph (1) by striking ``described in
section 771.117(c)'' and all that follows through
``this subsection)'' and inserting ``described in
sections 771.116, 771.117, and 771.118 of title 23,
Code of Federal Regulations''; and
(B) in paragraph (3) by striking ``described in
section 771.117(c)'' and all that follows through
``this subsection),'' and inserting ``described in
sections 771.116, 771.117, and 771.118 of title 23,
Code of Federal Regulations,''.
(b) Revision of Templates.--Not later than 90 days after the date
of enactment of this Act, the Secretary, in consultation with the heads
of State transportation departments and any other entities determined
appropriate by the Secretary, shall--
(1) review the template programmatic agreement developed
under section 1318(e) of MAP-21 (23 U.S.C. 109 note) and
identify each type of project that--
(A) may be subject to a programmatic agreement
authorized under section 1318(d)(1) of MAP-21 (23
U.S.C. 109 note);
(B) is not included in the template as part of a
determination of the Secretary under section 1318(d)(3)
of MAP-21 (23 U.S.C. 109 note); and
(C) is categorically excluded from the preparation
of an environmental assessment or environmental impact
statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(2) revise the template programmatic agreement to include
each type of project identified under paragraph (1) that the
Secretary determines appropriate to increase flexibility for
States that enter into a programmatic agreement to carry out
environmental and other required project reviews.
SEC. 1216. STREAMLINING TRIBAL CATEGORICAL EXCLUSIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall seek to develop a set of shared procedures with the
head of a relevant Federal agency to allow, to the maximum extent
practicable, sponsors of projects eligible for assistance under section
202 of title 23, United States Code, to submit 1 document to
demonstrate that the conditions for any categorical exclusion under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
that has been adopted by the Secretary, or such head, are satisfied.
SEC. 1217. STREAMLINING SMALL SAFETY PROJECTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall publish, and amend as appropriate, a uniform checklist
to help project sponsors determine whether certain safety projects
qualify for a categorical exclusion under paragraph (3) or (23) of
section 771.117(c) of title 23, Code of Federal Regulations.
SEC. 1218. UPDATES TO CATEGORICAL EXCLUSIONS FOR PUBLIC TRANSPORTATION
PROJECTS.
(a) Categorical Exclusions for Public Transportation Projects.--Not
later than 18 months after the date of enactment of this Act, the
Secretary shall take such action as may be necessary to--
(1) establish such categorical exclusions as the Secretary
determines to be relevant and appropriate for use by the
Federal Transit Administration with respect to public
transportation projects after reviewing categorical
exclusions--
(A) adopted by agencies within the Department; and
(B) identified in the most recently conducted
process pursuant to section 139(q) of title 23, United
States Code;
(2) clarify the application of categorical exclusions under
section 771.118 of title 23, Code of Federal Regulations (or
any successor regulations), that are explicitly applicable to
the assembly, construction, repair, or replacement of transit
shelters (or other transit-related shelters) located
predominantly within an existing right-of-way; and
(3) minimize, to the greatest extent allowable by law, the
requirements for a recipient of assistance under chapter 53 of
title 49, United States Code, to complete documentation or
studies for use by the Secretary in determining if a project
for which such assistance is awarded is subject to--
(A) a categorical exclusion established under
paragraph (1);
(B) a categorical exclusion described in paragraph
(2); or
(C) the requirements of section 306108 of title 54,
United States Code.
(b) Guidance Regarding National Historic Preservation Act Review.--
Not later than 180 days after the date of enactment of this Act, the
Secretary, taking into consideration the notice of approval issued by
the Advisory Council on Historic Preservation titled ``Program Comment
on Certain Housing, Building, and Transportation Undertakings'',
published on April 2, 2025, (90 Fed. Reg. 14526), shall issue guidance
for recipients of assistance described in subsection (a)(3) with
respect to the processes and procedures such recipients may experience
in attaining, if applicable, review pursuant to section 306108 of title
54, United States Code.
(c) Briefing.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall brief the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the actions
undertaken by the Secretary to carry out this section.
(d) Transit Shelter Defined.--In this section, the term ``transit
shelter'' means a canopy structure or other structure open to the
elements on at least 1 side and provides partial weather protection for
users of public transportation.
Subtitle C--Miscellaneous
SEC. 1301. TRANSPORTATION RULEMAKING COMMITTEES.
(a) In General.--Section 102 of title 49, United States Code, is
amended by adding at the end the following:
``(k) Transportation Rulemaking Committees.--Chapter 10 of title 5
shall not apply to such transportation rulemaking committees as the
Secretary or the head of a modal administration of the Department shall
designate.''.
(b) Adoption of Existing Procedures.--
(1) In general.--In issuing guidance for the processes and
procedures relating to transportation rulemaking committees
enabled by the amendment under subsection (a), the Secretary
shall, to the maximum extent practicable, adopt the same
processes and procedures applicable to aviation rulemaking
committees (as such term is referenced in section 106(p)(5)(B)
of title 49, United States Code) as such processes and
procedures are prescribed in the document entitled ``The
Federal Aviation Administration Rulemaking and Federal Advisory
Committee Manual'', approved June 6, 2024.
(2) Clarification.--In issuing guidance under paragraph
(1), the Secretary shall clarify that--
(A) a transportation rulemaking committee may have
more than 1 Industry Co-Chair; and
(B) an individual representing any relevant non-
Federal stakeholder (including an individual
representing the interests of State or local
governments or public interest organizations) may not
be precluded from serving as an Industry Co-Chair of a
transportation rulemaking committee.
(c) Requirements.--
(1) Transparency.--The Secretary shall make all reports and
recommendations of a transportation rulemaking committee
required to be established under this Act publicly available
prior to initiating an applicable rulemaking, if applicable.
(2) Rulemaking.--The Secretary shall ensure that any
rulemaking that results from any regulatory recommendation of a
transportation rulemaking committee required to be established
under this Act is promulgated by a Notice of Proposed
Rulemaking.
(d) Rule of Construction.--The amendment made by subsection (a) may
not be construed to restrict the authority of the Administrator of the
Federal Aviation Administration under section 106(p)(5) of title 49,
United States Code, as such authority existed on the day before the
date of enactment of this Act.
SEC. 1302. VEHICLE WEIGHT LIMITS.
(a) Covered Heavy-duty Tow and Recovery Vehicles.--Section 127(m)
of title 23, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The vehicle weight limitations set forth
in this section do not apply to a covered heavy-duty tow and
recovery vehicle operating in a State under a permit--
``(A) issued by such State in accordance with State
law; and
``(B) that includes routing or similar information
to ensure safe operation of such vehicle on highway
bridges and tunnels.''; and
(2) in paragraph (2)(B)--
(A) by striking ``a gross vehicle weight'' and
inserting ``a gross combined weight rating''; and
(B) by inserting ``rating'' after ``the gross
vehicle weight''.
(b) Operation of Certain Specialized Vehicles on Certain Highways
in the State of Arkansas.--Section 127(p) of title 23, United States
Code, is amended by inserting ``and United States Highway 67 between
the exits for county road 315 and highway 224'' before ``in the State
of Arkansas''.
(c) Emergency Vehicles.--Section 127(r) of title 23, United States
Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``a State'' and all that follows through
``less than'' and inserting ``a State shall issue a permit for
the operation of an emergency vehicle with a vehicle weight up
to 86,000 pounds and a maximum of'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Permitting requirement.--Any permit issued pursuant
to this subsection shall be issued in accordance with State law
and shall include routing or similar information to ensure safe
operation of an emergency vehicle on highway bridges.''.
(d) Hydrogen Vehicles.--Section 127(s) of title 23, United States
Code, is amended--
(1) in the subsection heading by striking ``Gas and
Electric Battery Vehicles'' and inserting ``Gas, Electric
Battery, and Hydrogen Vehicles'';
(2) by striking ``gas or'' and inserting ``gas,''; and
(3) by inserting ``fueled primarily by hydrogen, or fueled
or powered by a combination thereof,'' before ``may exceed''.
(e) Dry Bulk Axle Weight Variance.--Section 127 of title 23, United
States Code, is further amended by adding at the end the following:
``(z) Dry Bulk Axle Weight Variance.--
``(1) Weight variance.--Notwithstanding any other provision
of this section, except for the maximum gross vehicle weight
limitation, a commercial motor vehicle transporting dry bulk
goods may not exceed 110 percent of the maximum weight on any
axle or axle group described in subsection (a), including any
enforcement tolerance.
``(2) Dry bulk goods defined.--In this subsection, the term
`dry bulk goods' means any homogeneous unmarked, unpackaged,
non-liquid cargo being transported in a trailer specifically
designed for that purpose.''.
(f) Operation of Certain Agricultural Vehicles in the State of
Louisiana.--Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
``(aa) Operation of Certain Agricultural Vehicles in the State of
Louisiana.--
``(1) In general.--The State of Louisiana may allow, by
special permit, the operation of a covered agricultural vehicle
on the Interstate System in the State of Louisiana if such
vehicle--
``(A) does not exceed a gross vehicle weight of
88,000 pounds;
``(B) does not exceed 110 percent of the maximum
weight on any axle or axle group described in
subsection (a)(2), including any enforcement tolerance;
and
``(C) has no fewer than 5 axles.
``(2) Covered agricultural vehicle defined.--In this
subsection, the term `covered agricultural vehicle' means a
vehicle that is transporting unprocessed agricultural crops
used for food, feed or fiber, or raw or unfinished forest
products, including logs, pulpwood, biomass, or woodchips.''.
(g) Operation of Certain Logging Vehicles in the State of
Arkansas.--Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
``(bb) Operation of Certain Logging Vehicles in the State of
Arkansas.--
``(1) In general.--The State of Arkansas may allow, by
special permit, the operation of a covered logging vehicle on
the Interstate System in the State of Arkansas if such
vehicle--
``(A) does not exceed a gross vehicle weight of
85,000 pounds;
``(B) has no fewer than 5 axles; and
``(C) travels a maximum distance of 20 miles on the
Interstate System from origin to a storage or
processing facility.
``(2) Covered logging vehicle defined.--In this subsection,
the term `covered logging vehicle' means a vehicle that is
transporting raw or unfinished forest products, including logs,
pulpwood, biomass, or wood chips.''.
(h) Operation of Certain Vehicles in the State of Iowa.--Section
127 of title 23, United States Code, is further amended by adding at
the end the following:
``(cc) Operation of Certain Vehicles in the State of Iowa.--
``(1) Interstate designation.--If any segment of Iowa State
Route 5 in Iowa from the interchange with Interstate Route 35
to the interchange with United States Route 65, or United
States Route 65 in Iowa from the interchange with Iowa State
Route 5 and United States Route 69 to the interchange with
Interstate Route 80, is designated as a route on the Interstate
System, a vehicle that could operate legally on such segment
before the date of such designation may continue to operate on
such segment, without regard to any requirement under this
section.
``(2) Special permits.--The State of Iowa may allow, by
special permit, the operation of vehicles with a gross vehicle
weight of up to 108,000 pounds for the hauling of divisible
loads on a segment of Interstate Route 380 in the State of Iowa
from the west interchange with United States Route 20 and
United States Route 218 to the east interchange with United
States Route 20.''.
SEC. 1303. DESIGNATION OF HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY
SYSTEM.
(a) Designation as High Priority Corridor.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240) is amended by adding at the end the following:
``(103) United States Route 74 from I-26 in the vicinity of
Columbus, North Carolina to I-85 in the vicinity of Kings
Mountain, North Carolina.
``(104) United States Route 421 from Wilkesboro, North
Carolina, to Winston-Salem, North Carolina.''.
(b) Designation as Future Interstate.--Section 1105(e)(5) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240) is amended--
(1) in subparagraph (A) by striking ``and subsection
(c)(102)'' and inserting ``subsection (c)(102), subsection
(c)(103), and subsection (c)(104)''; and
(2) in subparagraph (C)(i) by adding at the end the
following: ``The route referred to in subsection (c)(104) is
designated as Interstate Route I-777.''.
SEC. 1304. SAFETY COORDINATORS; DETERMINATION OF REASONABLE COST.
(a) In General.--Section 217 of title 23, United States Code, is
amended--
(1) in subsection (d)--
(A) in the subsection heading by inserting
``Safety'' before ``Coordinators''; and
(B) by striking ``the increased use'' and all that
follows through ``transportation, including'' and
inserting ``nonmotorized transportation safety,
including by''; and
(2) in subsection (e)--
(A) by striking ``can be provided'' and inserting
``was not included in the original project scope and
can be provided''; and
(B) by striking ``then such bridge shall'' and
inserting ``then the Secretary may require such
bridge''.
(b) Repeal.--Section 11529 of the Infrastructure Investment and
Jobs Act (23 U.S.C. 217 note), and the item relating to such provision
in the table of contents under section 1(b) of such Act, are repealed.
SEC. 1305. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
In updating the Manual on Uniform Traffic Control Devices under
section 109(d)(2) of title 23, United States Code, for the first time
after the date of enactment of this Act, the Secretary shall include
updates necessary to--
(1) establish a standard for the minimum level of required
retroreflectivity of traffic control devices and pavement
markings, ensuring the standard requires that traffic control
devices and pavement markings meet the minimum level of
required retroreflectivity in wet conditions; and
(2) standardize bordered and lag contrast pavement markings
on light-colored pavements and bridges.
SEC. 1306. DESIGN STANDARDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator of the Federal Highway Administration
shall develop a list of categorical design exceptions from standards
developed under section 109(c) of title 23, United States Code, for
categories of multimodal projects and features on Federal-aid highways.
(b) Inclusions.--The list developed under subsection (a) shall
include categories of multimodal projects and features that--
(1) are recommended by the Federal Highway Administration,
including Proven Safety Countermeasures;
(2) improve safety for vulnerable road users; and
(3) are currently subject to the design exception process.
SEC. 1307. MODERNIZING ROADSIDE SAFETY HARDWARE DEVICES AND
ADMINISTRATION POLICIES.
(a) Modernizing Roadside Safety Hardware Policies.--
(1) In general.--The Secretary may not issue a Federal-aid
reimbursement eligibility letter under the Federal-aid highway
program to a person or entity for a new roadside safety
hardware device that does not meet the applicable crash test
criteria set forth in the most recent version of the manual of
the American Association of State Highway and Transportation
Officials titled ``Manual for Assessing Safety Hardware, Second
Edition'' (referred to in this section as ``MASH'') or any
successor industry standard.
(2) Termination of prohibition.--Paragraph (1) shall cease
to apply on the date that the final rule associated with the
rulemaking described in subsection (b)(5)(B) is effective.
(3) Supplemental materials.--In addition to materials
specified by the Secretary, beginning on the date of enactment
of this Act, a requestor for a letter described in paragraph
(1) shall certify, in a manner satisfactory to the Secretary,
that all installation manuals or instructions relating to a
roadside safety hardware device are up-to-date and publicly
available and utilize plain writing (as such term is defined in
section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note))
for use by individuals in States and territories.
(b) Transportation Rulemaking Committee.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
transportation rulemaking committee, pursuant to section 102(k)
of title 49, United States Code, to review and develop findings
and recommendations to increase the safety and performance of
roadside safety hardware devices.
(2) Membership.--The transportation rulemaking committee
convened under paragraph (1) shall consist of members appointed
by the Secretary, including--
(A) representatives of an association representing
State highway officials;
(B) representatives of the traffic safety industry,
including manufacturers of roadside safety hardware
devices and roadside safety hardware technologies;
(C) representatives from up to 4 State highway
safety offices from different geographic regions;
(D) representatives of roadway safety advocacy
organizations;
(E) representatives of relevant research
organizations or academia;
(F) representatives of labor organizations
representing roadway construction workers;
(G) representatives of transportation construction
associations; and
(H) other representatives, as determined
appropriate by the Secretary.
(3) Considerations.--The transportation rulemaking
committee convened under paragraph (1) shall consider, at a
minimum, the following:
(A) The extent to which roadside safety hardware
devices on the National Highway System utilize MASH
crash test standards, including such devices procured
and installed with Federal and non-Federal funds.
(B) The extent to which plain writing (as such term
is defined in section 3 of the Plain Writing Act of
2010 (5 U.S.C. 301 note)) is utilized in installation
manuals or instructions associated with a roadside
safety hardware device for use by individuals
responsible for installing such devices.
(C) Potential changes to administrative guidance
documents and policies as such changes relate to
roadside safety hardware devices to improve Federal
agency oversight of such devices and communication with
State departments of transportation, including
examining how data is collected following in service
performance evaluations.
(D) Whether the Federal Highway Administration
should require third-party verification of laboratory
testing of roadside safety hardware devices to
determine crashworthiness.
(E) Whether the most up-to-date MASH crash test
standards for roadside safety hardware devices
effectively mitigate roadway vehicle departure for a
modern vehicle fleet and roadway conditions and ensure
vehicle occupant protection in the event of a crash.
(4) Random sampling.--In carrying out subparagraphs (A) and
(B) of paragraph (3), the rulemaking committee may evaluate a
random sampling of roadside safety hardware devices, including
such devices procured and installed with Federal and non-
Federal funds, from across all regions.
(5) Report and regulations.--
(A) Report.--Not later than 1 year after the
transportation rulemaking committee under paragraph (1)
convenes, 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 based on the
findings of the transportation rulemaking committee.
(B) Rulemaking required.--Not later than 1 year
after the Secretary submits the report under
subparagraph (A), the Secretary shall issue an advanced
notice of proposed rulemaking establishing regulations
to require the installation of roadside safety hardware
devices on the National Highway System that are
compliant with the most up-to-date crashworthiness
standards, among other requirements.
(C) Contents of rulemaking.--In issuing the notice
of proposed rulemaking required under subparagraph (B),
the Secretary--
(i) shall require, at a minimum--
(I) roadside safety hardware
devices to be compliant with the most
up-to-date crashworthiness standards,
as determined by the Secretary;
(II) the adoption of laboratory
testing of roadside safety hardware
devices to determine crashworthiness
and safety performance;
(III) the adoption of in-service
maintenance standards for such devices;
and
(IV) the adoption of a standardized
means of collection of performance data
resulting from in-service performance
evaluations of such devices; and
(ii) may incorporate by reference 1 or more
requirement under clause (i).
(c) Eligibility Letters.--The Secretary, upon issuance of the final
rule associated with the rulemaking described in subsection (b)(5)(B),
may not issue a Federal-aid reimbursement eligibility letter under the
Federal-aid highway program to a person or entity for a roadside safety
hardware device.
(d) Roadside Safety Hardware Device Defined.--In this section, the
term ``roadside safety hardware device'' means a device that reduces
the consequences of a vehicle departure from the roadway by containing,
redirecting, or decelerating such vehicle to a safe stop, including
guardrails, cable barriers, bridge barriers, crash cushions, support
structures, and work zone devices.
SEC. 1308. AUDIT OF FHWA OVERSIGHT OF ROADSIDE SAFETY HARDWARE DEVICES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the inspector general of the Department shall initiate an
audit of the Federal Highway Administration's oversight of roadside
safety hardware devices, including crash testing of such devices,
oversight of in-service performance evaluations of such devices
conducted by State departments of transportation, and other oversight
related activities carried out by the agency in relation to such
devices.
(b) Contents.--In conducting the audit described in subsection (a),
the inspector general shall, at a minimum--
(1) assess the Federal Highway Administration's oversight
of--
(A) the standards and design specifications of a
State or territory for roadside safety hardware
devices, including the written policies of the State or
territory relating to the installation of crash-tested
roadside hardware safety devices, if applicable;
(B) the roadside safety hardware device crash-
testing and safety performance process, including how
such devices perform in actual conditions through in-
service performance evaluations; and
(C) the progress of a State or territory in
transitioning to roadside safety hardware devices that
comply with crash testing standards set forth in the
most recent version of the manual of the American
Association of State Highway and Transportation
Officials titled ``Manual for Assessing Safety
Hardware, Second Edition''; and
(2) make recommendations, if applicable, for additional
actions the Federal Highway Administration shall take to
improve oversight processes relating to roadside safety
hardware devices.
(c) Report.--Not later than 1 year after the date of initiation of
the audit described in subsection (a), the inspector general shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of such audit, including
findings and recommendations to improve the oversight of roadside
hardware safety devices.
SEC. 1309. INTERAGENCY BRIDGE STRIKE WORKING GROUP.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish an interagency bridge strike
working group--
(1) to coordinate between the Department and other
agencies;
(2) to provide guidance and assistance to bridge owners on
evaluating and reducing the risk of bridge collapse from a
vessel collision; and
(3) to provide guidance to bridge owners on motorist
warning systems.
(b) Membership.--The interagency working group established under
subsection (a) shall consist of representatives from--
(1) the Federal Highway Administration;
(2) the Coast Guard;
(3) the Army Corps of Engineers; and
(4) any other entities determined appropriate by the
Secretary.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the interagency working group established under subsection
(a) shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment and
Public Works and the Committee on Commerce, Science, and Transportation
of the Senate a report that includes--
(1) an analysis of current bridge vulnerabilities that risk
leading to a bridge collapse from a vessel collision;
(2) recommendations for bridge owners to evaluate and
reduce the risk of bridge collapse from a vessel collision;
(3) recommendations on any policy changes necessary to
prevent the risk of bridge collapses due to vessel strikes; and
(4) any other information the working group determines
appropriate.
(d) Termination of Working Group.--The interagency working group
established under subsection (a) shall terminate on the date that is 3
months after the date of submission of the report required under
subsection (c).
SEC. 1310. BRIDGE CLEARANCE BEST PRACTICES.
(a) Establishment.--The Secretary shall establish a bridge
clearance strike working group to make recommendations on ways to
improve public-private data sharing regarding bridge clearance height
and the routing of commercial motor vehicles and rental vehicles.
(b) Membership.--The working group established under subsection (a)
shall include representatives from--
(1) the Federal Highway Administration;
(2) the Federal Railroad Administration;
(3) the Federal Motor Carrier Safety Administration;
(4) State departments of transportation;
(5) trucking organizations;
(6) producers of GPS navigation systems;
(7) law enforcement agencies;
(8) companies that rent or lease rental vehicles directly
to consumers; and
(9) Class I, II, and III railroad carriers.
(c) Report.--Not later than 1 year after the date of the
establishment of the interagency working group under subsection (a),
the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works and the Committee on Commerce, Science,
and Transportation of the Senate a report that includes--
(1) recommendations to--
(A) improve the availability of information and
route signs specific to commercial motor vehicles or
rental vehicles on GPS navigation systems;
(B) improve driver knowledge and awareness about
bridge clearance strikes;
(C) encourage companies that rent out rental
vehicles to clearly label such vehicles with height and
weight restriction information; and
(D) include ways for companies that rent or lease
vehicles to provide notice to individuals who rent or
lease such a vehicle, whether orally or written, of
vehicle height and warn such individuals to look out
for road signs about vehicle height; and
(2) any other recommendations by the working group to
address bridge clearance strikes.
SEC. 1311. U.S. CONGRESSMAN AND PRISONER OF WAR SAM JOHNSON MEMORIAL
HIGHWAY.
(a) Designation.--The portion of United States Highway 75 between
President George Bush Turnpike and United States Highway 380 previously
designated as ``Sam Johnson Highway'' shall, after the date of
enactment of this Act, be known and redesignated as the ``U.S.
Congressman and Prisoner of War Sam Johnson Memorial Highway''.
(b) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the portion of
highway referred to in subsection (a) shall be considered to be a
reference to the U.S. Congressman and Prisoner of War Sam Johnson
Memorial Highway.
SEC. 1312. TECHNICAL ASSISTANCE FOR CONTRACTING.
The Secretary may provide technical assistance to, and develop
guidance and best practices for, State departments of transportation
regarding the use of the lump sum payment method in the procurement and
administration of engineering and design services for transportation
projects funded using Federal grants, including the potential benefits
and risks associated with such payment method.
SEC. 1313. PREVENTING ANTICOMPETITIVE BIDDING PRACTICES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall issue guidance to State departments of
transportation on proactively preventing anticompetitive bidding
practices on Federal-aid highway projects.
(b) Contents.--In issuing guidance under subsection (a), the
Secretary shall--
(1) advise States on how to conduct frequent, regular, and
systematic reviews and audits of procurements made over
multiple years using specific statistics to identify
anticompetitive bidding patterns; and
(2) encourage, to the maximum extent practicable, reduced
reliance on historical data when developing engineer's
estimates.
(c) Transportation Rulemaking Committee.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
transportation rulemaking committee to provide recommendations
to revise Federal regulations to prevent and protect against
anticompetitive practices in bidding on Federal-aid highway
projects.
(2) Membership.--The transportation rulemaking committee
convened under paragraph (1) shall consist of members appointed
by the Secretary, including representatives of--
(A) State departments of transportation;
(B) engineering associations;
(C) transportation construction associations;
(D) construction materials associations;
(E) labor organizations representing transportation
workers;
(F) technology associations providing construction
management software;
(G) an association representing businesses that
participate in the program described in section
1101(e); and
(H) other stakeholders the Secretary determines
appropriate.
(3) Report.--Not later than 18 months after the date on
which the transportation rulemaking committee is established
under paragraph (1), the transportation rulemaking committee
shall submit to the Secretary a report detailing the findings
and recommendations developed under paragraph (1) on how to
revise the regulations under sections 635.111, 635.112(f),
635.113, 635.114, and 635.115 of title 23, Code of Federal
Regulations, or other related regulations, considering the
following:
(A) Methods to reduce or eliminate reliance on
historical data as the sole basis of engineer's
estimates when developing such estimates.
(B) Best practices for States to routinely review
and audit procurements to identify anticompetitive
bidding patterns.
(C) Techniques for States to address potential
instances of anticompetitive bidding on Federal-aid
highway projects.
(D) Costs associated with potential anticompetitive
bidding patterns.
(4) Recommendations.--Not later than 9 months after the
date on which the transportation rulemaking committee submits
the report under paragraph (3), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate--
(A) a summary of the findings and recommendations
described in such report; and
(B) for each such recommendation--
(i) the Secretary intends to implement, a
description for the implementation plan of the
Secretary and a timeline for implementation;
and
(ii) the Secretary does not plan to
implement, an explanation as to why the
Secretary does not intend to implement such
recommendation.
(5) Notice of proposed rulemaking.--The Secretary shall
issue a notice of proposed rulemaking for any regulatory
changes recommended by the transportation rulemaking committee
that the Secretary intends to implement.
SEC. 1314. STUDY ON EFFECTIVENESS OF DISCRETIONARY GRANT PROGRAMS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall initiate a study
on the effectiveness of highway-related discretionary grant programs
administered by the Department.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall review--
(1) the criteria used by the Department to evaluate and
select projects for funding, including--
(A) the alignment of funding decisions with
statutory program objectives; and
(B) the transparency and consistency of the
application review and award process;
(2) trends in funding allocation across project types,
geographic regions, and jurisdictions, including a comparison
of various Department funding sources;
(3) the average timeline from application submission to
award notification and obligation of funds, including--
(A) the prevalence and source of cost overruns,
schedule delays, and project scope changes or
cancellations, and the contributing factors; and
(B) effective practices that led to successful
project completion within budget and on schedule;
(4) the outcome of projects completed using discretionary
funding compared to formula funding; and
(5) the frequency with which grant recipients at the local
government level attempted to seek funding for a project with
alternative funding sources, including Federal formula funds,
before receiving a grant.
(c) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with relevant
stakeholders, including--
(1) State departments of transportation;
(2) transit agencies;
(3) metropolitan planning organizations;
(4) local governments, including at least 1 representative
each from a city, town, and county;
(5) Tribal governments;
(6) a representative from a labor organization representing
transportation construction workers;
(7) representatives of the construction industry, including
representatives with experience constructing highway
infrastructure systems and public transportation infrastructure
systems;
(8) representatives from the design and engineering
industry; and
(9) relevant Federal agencies and any other stakeholders
the Comptroller General determines to be appropriate.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of the study
conducted under subsection (a).
(2) Recommendations.--The Comptroller General shall include
in the report submitted under paragraph (1) recommendations
associated with the results of the study, including
recommendations to--
(A) enhance project selection criteria to achieve
grant program objectives;
(B) minimize cost overruns and delays in project
delivery;
(C) better align discretionary grant program
criteria with statutory program requirements and
objectives; and
(D) improve the efficiency and administration of
the discretionary grant programs of the Department.
SEC. 1315. STUDY ON EFFECTIVENESS OF FORMULA GRANT PROGRAMS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall initiate a study on the
effectiveness of highway formula grant programs administered by State
departments of transportation.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall review--
(1) the criteria used by State departments of
transportation to evaluate and select projects to receive
highway formula funding, including--
(A) the alignment of funding decisions with the
national goals under section 150(b) of title 23, United
States Code; and
(B) procedures used by different State departments
of transportation to provide formula grants to regional
or local governments within the State, when
appropriate; and
(2) the extent to which highway formula funding increases
have or have not led to the attainment of the goals under
section 150(b) of title 23, United States Code.
(c) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of the study
conducted under subsection (a).
(2) Recommendations.--The Comptroller General shall include
in the report submitted under paragraph (1) recommendations
associated with the results of the study.
SEC. 1316. NATIONAL ACADEMIES REVIEW OF HIGHWAY SYSTEMS.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall seek to enter into an agreement with the
Transportation Research Board of the National Academy of Science to
conduct a comprehensive study to review the necessity of, interaction
of, and coordination between various Federal Highway Administration
recognized highway networks and systems, including--
(1) the National Highway System;
(2) the Interstate System;
(3) the strategic highway network;
(4) the National Network;
(5) the National Highway Freight Network;
(6) the primary highway freight system;
(7) critical urban freight corridors;
(8) critical rural freight corridors;
(9) intermodal connectors;
(10) alternative fuel corridors;
(11) the Appalachian Development Highway System;
(12) the Alaska Marine Highway System;
(13) the Denali access system;
(14) Marine highway transportation routes;
(15) high priority corridors;
(16) designated future parts of the Interstate System; and
(17) any other highway systems the Transportation Research
Board determines to be relevant.
(b) Consultation.--In conducting the study under subsection (a),
the Transportation Research Board shall consult with--
(1) the Federal Highway Administration;
(2) the Maritime Administration;
(3) the Office of Multimodal Freight Infrastructure and
Policy;
(4) State departments of transportation; and
(5) any other entities the Transportation Research Board
determines to be relevant.
(c) Contents.--In conducting the study under subsection (a), the
Transportation Research Board shall consider, at a minimum, the
following:
(1) The overlap of the various highway networks and
systems, including which systems are encompassed on larger or
multiple networks.
(2) Departmental funding availability for each highway
network and system.
(3) The role of State and local governments in designating
a public road to a highway network and system.
(4) The Federal rationale for each highway network and
system.
(d) Report.--If the Transportation Research Board enters into an
agreement under subsection (a), not later than 18 months after the date
of enactment of this Act, the Transportation Research Board shall
submit to the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Environment and Public Works of the Senate a report describing the
results of the study conducted pursuant to such subsection.
SEC. 1317. REVIEW OF STATE AND LOCAL CONSULTATION PROCESSES.
(a) In General.--The Comptroller General shall conduct a review of
the surface transportation block grant program under section 133 of
title 23, United States Code (referred to in this section as the
``Program'').
(b) Contents.--In conducting the review required under subsection
(a), the Comptroller General shall evaluate--
(1) the process by which the Federal Highway Administration
notifies States and metropolitan planning organizations of
amounts apportioned to States to be obligated in areas based on
population;
(2) amounts apportioned to States required to be obligated
in areas based on population, including unobligated balances of
the amounts and factors that may be contributing to such
balances;
(3) consultation processes established by States to consult
with metropolitan planning organizations and regional
transportation planning organizations for amounts required to
be obligated in such areas based on population; and
(4) State selection processes for projects funded by
amounts required to be obligated in areas based on population.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report
that describes--
(1) the findings of the review required under subsection
(a); and
(2) any recommendations to improve consultation processes
and communication between States, metropolitan planning
organizations, and regional transportation planning
organizations under the Program to address State and local
infrastructure needs.
SEC. 1318. EMERGENCY RELIEF WORKING GROUP.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall convene a working group to
provide recommendations for supporting emergency relief efforts
following natural disasters and assessing vulnerabilities in surface
transportation assets.
(b) Membership.--The working group shall be composed of
representatives from--
(1) the Federal Highway Administration;
(2) the Federal Motor Carrier Safety Administration;
(3) the Federal Transit Administration;
(4) the Federal Emergency Management Agency;
(5) State departments of transportation;
(6) transit agencies; and
(7) any other stakeholders that the Secretary determines
appropriate.
(c) Duties.--The working group convened under this section shall
analyze and make recommendations, as appropriate, regarding--
(1) the ability of a State or transit agency to assess
vulnerabilities of surface transportation assets in response to
natural disasters and severe weather events;
(2) best practices for a State or transit agency to
facilitate projects to mitigate the risk of recurring damage or
the cost of future repair from extreme weather, flooding, and
other natural disasters;
(3) opportunities to expedite the timeline for eligible
activities under section 125 of title 23, United States Code,
or section 5324 of title 49, United States Code;
(4) opportunities within and potential revisions to section
390.23 of title 49, Code of Federal Regulations, to increase
flexibility for commercial motor vehicle operators assisting in
emergency relief efforts that achieve safety levels equivalent
to or greater than existing Federal motor carrier safety
regulations; and
(5) opportunities for coordination between the Department
and the Federal Emergency Management Agency to provide
emergency relief following natural disasters.
(d) Report.--Not later than 1 year after the date on which the
working group is established under this section, the working group
shall submit to the Secretary a report that includes a summary of the
findings and recommendations developed under subsection (c).
(e) Recommendations.--Not later than 90 days after the date on
which the Secretary receives the report under subsection (d), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works and the Committee on Commerce, Science,
and Transportation of the Senate--
(1) a summary of the findings and recommendations under the
report; and
(2) for each recommendation--
(A) the Secretary intends to implement, a
description of the plan and timeline for
implementation; and
(B) the Secretary does not intend to implement, an
explanation as to why the Secretary does not intend to
implement such recommendation.
(f) Termination.--The working group shall terminate on the date
that is 180 days after the date on which the Secretary receives the
report required under subsection (d).
SEC. 1319. STOPPING THREATS ON PEDESTRIANS.
Section 11502(f) of the Infrastructure Investment and Jobs Act (23
U.S.C. 148 note) is amended by striking ``fiscal years 2022 through
2026'' and inserting ``fiscal years 2027 through 2031''.
SEC. 1320. ELIMINATING UNNECESSARY REPORTING AND REQUIREMENTS.
(a) State Flexibility for National Highway System Modifications.--
Section 1122(d) of FAST Act (23 U.S.C. 103 note), and the item relating
to such section in the table of contents in section 1(b) of such Act,
are repealed.
(b) Roadside Barrier Technology.--Section 1058 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 109 note) is
repealed.
SEC. 1321. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) In General.--Section 112(b)(2)(F) of title 23, United States
Code, is amended by striking ``the States of West Virginia or
Minnesota'' and inserting ``the State of West Virginia''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to contracts entered into after the date of enactment of this
Act.
SEC. 1322. ADVANCING PROJECTS IN COLD WEATHER STATES.
(a) Review.--The Secretary shall review policies and procedures of
the Federal Highway Administration relating to the Federal-aid highway
program to ensure that such policies and procedures sufficiently
prioritize reviews of construction projects in States in which
construction season may be limited by cold weather.
(b) Technical Assistance.--The Secretary shall provide technical
assistance and best practices to State departments of transportation
for advancing Federal-aid projects in States in which construction may
be limited by cold weather.
SEC. 1323. INTERAGENCY WORKING GROUP ON ROADWAY MANAGEMENT IN INCLEMENT
WEATHER.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an interagency
working group with other appropriate Federal agencies to develop best
practices for roadway management in inclement weather.
(b) Submission to Congress.--Not later than 180 days after the date
on which the best practices required under subsection (a) are
established, 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 such best
practices.
(c) Sunset.--The interagency working group established under
subsection (a) shall terminate on the date that is 30 days after the
date on which the best practices required under subsection (b) are
submitted to Congress.
SEC. 1324. TERMINATION OF NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM.
Section 177 of title 23, United States Code, and the item relating
to such section in the analysis for chapter 1 of such title, are
repealed.
SEC. 1325. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE
TRANSPORTATION WORKFORCE.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall establish a task force on developing a
21st century surface transportation workforce (in this section referred
to as the ``Task Force'').
(b) Duties.--Not later than 1 year after the establishment of the
Task Force under subsection (a), the Task Force shall develop and
submit to the Secretary recommendations and strategies for the
Department to--
(1) evaluate the current and future state of the surface
transportation workforce, including projected job needs in the
surface transportation sector;
(2) identify factors influencing individuals pursuing
careers in surface transportation, including barriers to
attracting individuals in surface transportation careers;
(3) address barriers to retaining individuals in surface
transportation careers;
(4) identify and address potential impacts of emerging
technologies on the surface transportation workforce;
(5) facilitate and encourage elementary, secondary, and
post-secondary students in the United States to pursue careers
in the surface transportation sector; and
(6) identify and develop pathways for students and
individuals to secure pre-apprenticeships, registered
apprenticeships, and other work-based learning opportunities in
the surface transportation sector of the United States.
(c) Considerations.--In developing recommendations and strategies
under subsection (b), the Task Force shall--
(1) identify factors that influence whether young people
pursue careers in surface transportation;
(2) consider how the Department, businesses, industry,
labor, educators, and other stakeholders can coordinate efforts
to support qualified individuals in pursuing careers in the
surface transportation sector;
(3) identify methods of enhancing surface transportation
pre-apprenticeships and registered apprenticeships, job skills
training, mentorship, education, and outreach programs that are
exclusive to youth in the United States;
(4) identify potential sources of funding, including grants
and scholarships, that may be used to support youth and other
qualified individuals in pursuing careers in the surface
transportation sector; and
(5) consider opportunities to update programs administered
by the Department to support the transportation workforce.
(d) Consultation.--In developing the recommendations and strategies
required under subsection (b), the Task Force may consult with--
(1) local educational agencies and institutions of higher
education, including community colleges and vocational schools;
and
(2) State workforce development boards.
(e) Report.--Not later than 60 days after the submission of the
recommendations and strategies under subsection (b), the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report containing such recommendations and
strategies.
(f) Composition of Task Force.--The Secretary shall appoint members
of the Task Force whose diverse backgrounds and expertise allow such
members to contribute balanced points of view and ideas in carrying out
this section, comprised of equal representation from each of the
following:
(1) Industries in the surface transportation sector.
(2) Representatives from labor organizations representing
surface transportation workers.
(3) Such other surface transportation stakeholders and
experts as the Secretary considers appropriate.
(g) Period of Appointment.--Members shall be appointed to the Task
Force for the duration of the existence of the Task Force.
(h) Compensation.--Members of the Task Force shall serve without
compensation.
(i) Sunset.--The Task Force shall terminate upon the submission of
the report required under subsection (e).
(j) Definitions.--In this section:
(1) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals for
acceptance into a registered apprenticeship and has
demonstrated partnership with 1 or more registered
apprenticeships.
(2) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S. 50 et seq.; commonly
known as the ``National Apprenticeship Act''), that satisfies
the requirements of parts 29 and 30 of title 29, Code of
Federal Regulations (as in effect on January 1, 2020).
SEC. 1326. STUDY ON NATIONAL COMMUTING TRENDS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall seek to enter into an
agreement with the Transportation Research Board of the National
Academy of Science to conduct a study on national trends related to
commuting.
(b) Contents.--In conducting the study under subsection (a), the
Transportation Research Board shall--
(1) conduct research on national commuting trends,
including telework and hybrid-work arrangements;
(2) evaluate the impact of such trends on transportation
demand, congestion, air quality, economic vitality of business
districts, and commuter quality of life; and
(3) develop best practices or planning guidance to help
State departments of transportation and metropolitan planning
organizations incorporate such trends into transportation
planning and travel demand modeling.
(c) Report.--If the Transportation Research Board enters into an
agreement under subsection (a), not later than 18 months after the date
of enactment of this Act, the Transportation Research Board shall
submit to the Secretary, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Environment and Public Works of the Senate a report containing the
results of the study under subsection (a), including--
(1) the findings of the research conducted under subsection
(b)(1);
(2) an analysis of the impacts on commuting trends
evaluated under subsection (b)(2); and
(3) recommendations for State departments of transportation
and metropolitan planning organizations, including the best
practices and planning guidance developed under subsection
(b)(3).
SEC. 1327. NOTIFICATION ON REGRESSIVE SAFETY TARGETS.
When a State sets a regressive performance target under section
150(c)(4) of title 23, United States Code, the Secretary shall--
(1) notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate; and
(2) make a list of States that set such a target publicly
available on the website of the Department.
SEC. 1328. STUDY ON DOMESTIC AVAILABILITY OF YELLOW PAINT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall study the feasibility of
requiring yellow paint (including the pigment used to produce water-
based paint) for road and highway surface markings to be manufactured
domestically.
(b) Considerations.--In conducting the study under subsection (a),
the Secretary shall consider--
(1) the domestic availability of yellow paint described in
such subsection;
(2) the domestic manufacturing capacity to produce the
amount of yellow paint necessary to meet the needs of States
and local governments;
(3) the number of domestic manufacturers producing such
yellow paint;
(4) the current share of yellow paint produced by domestic
manufacturers to meet road and highway surface marking needs;
(5) the costs associated with requiring the domestic
manufacturing of such yellow paint; and
(6) the amount of yellow paint necessary to maintain all
road and highway surface markings in the United States.
(c) Report.--The Secretary shall report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate on the
findings of the study required under subsection (a).
(d) Authority.--Following the study under subsection (a), if the
Secretary determines that there is sufficient domestic manufacturing
capacity of yellow paint to address the needs of all road and highway
surface markings in the United States, the Secretary shall recommend to
the Director of the Office of Management and Budget to update relevant
Buy America guidance, including the implementation guidance of the Made
in America Office, to reflect such determination.
SEC. 1329. STUDY ON CORROSION PREVENTION FOR BRIDGES.
Not later than 18 months after the date of enactment of this Act,
the Secretary shall--
(1) carry out a study on best practices for--
(A) the frequency and method of inspecting
corrosion on weathering steel bridges; and
(B) addressing corrosion on weathering steel
bridges;
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and Committee on
Environment and Public Works a report on the results of the
study under paragraph (1); and
(3) make the report under paragraph (2) available to State
departments of transportation, metropolitan planning
organizations (as such term is defined in section 134(b) of
title 23, United States Code), regional transportation planning
organizations (as such term is defined in section 134(b) of
title 23, United States Code), and units of local government
that own bridge assets.
SEC. 1330. FUNDING FEDERAL-AID HIGHWAYS GUIDANCE.
Not later than 18 months after the date of enactment of this Act,
the Secretary shall revise, update, and make publicly available the
Federal Highway Administration publication titled ``Funding Federal-aid
Highways'', issued January 2017 (Publication Number FHWA-PL-17-011) to
account for--
(1) changes in law since the publication date of such
publication; and
(2) the provisions of this Act, including any amendments
made by this Act.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 2001. INFRASTRUCTURE FINANCE.
(a) Definitions.--
(1) In general.--Section 601(a) of title 23, United States
Code, is amended--
(A) in paragraph (12)--
(i) in subparagraph (E)--
(I) in the matter preceding clause
(i) by striking ``infrastructure'' and
inserting ``infrastructure that is'';
(II) by striking clause (ii); and
(III) in clause (i)--
(aa) by striking ``that--
``(I) is'';
(bb) in subclause (II)--
(AA) by striking
``is a project'' and
inserting ``a
project''; and
(BB) in item (dd)
by striking ``and'' and
the end; and
(cc) by redesignating
subclause (II) as clause (ii)
(and redesignating items (aa)
through (dd) of such subclause
as subclauses (I) through (IV),
respectively);
(ii) in subparagraph (G) by striking ``for
which'' and all that follows through ``for
assistance''; and
(iii) by striking subparagraph (H) and
inserting the following:
``(H) purchasing or leasing of drayage trucks.'';
(B) by redesignating paragraphs (14) through (22)
as paragraphs (16) through (24), respectively;
(C) by redesignating paragraphs (2) through (13) as
paragraphs (3) through (14), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Drayage truck.--The term `drayage truck' means any
in-use on-road vehicle that--
``(A) has a gross vehicle weight rating greater
than 26,000 pounds;
``(B) is used for transporting cargo; and
``(C) operates on, moves through, or operates in
transit to or from, a seaport or an intermodal freight
transfer facility to load, unload, or transport cargo,
including empty containers or chassis.''; and
(E) by inserting after paragraph (14), as so
redesignated, the following:
``(15) Qualified financial institution.--The term
`qualified financial institution' means--
``(A) an insured depository institution as defined
in section 3(c)(2) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(c)(2));
``(B) an insured credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
and
``(C) any other financial institution that--
``(i) is regulated or supervised by--
``(I) the Board of Governors of the
Federal Reserve System;
``(II) the Securities and Exchange
Commission;
``(III) the Federal Housing Finance
Agency;
``(IV) the Farm Credit
Administration; or
``(V) any other Federal financial
regulatory agency;
``(ii) is regularly engaged in the business
of extending credit or making credit
determinations; and
``(iii) the Secretary determines has
demonstrated experience in the underwriting or
provision of credit.''.
(2) Conforming amendments.--
(A) Determination of eligibility and project
selection.--Section 602 of title 23, United States
Code, is amended--
(i) in subsection (a)(5)(B)(ii) by striking
``section 601(a)(12)(E)'' and inserting
``section 601(a)(13)(E)''; and
(ii) in subsection (e) by striking
``section 601(a)(2)(A)'' and inserting
``section 601(a)(3)(A)''.
(B) Funding.--Section 608(a)(4) of title 23, United
States Code, is amended by striking ``section
601(a)(12)(E)'' and inserting ``section 601(a)(13)(E)''
each place it appears.
(b) Determination of Eligibility and Project Selection.--Section
602 of title 23, United States Code, is further amended--
(1) in subsection (a)--
(A) in paragraph (2) by adding at the end the
following:
``(C) Alternative credit assessment.--The Secretary
shall accept a due diligence analysis and underwriting
analysis prepared by a qualified financial institution
providing debt for a project as evidence of
creditworthiness of the project supplemental to the
applicable creditworthiness standards described in
subparagraph (A).''; and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking
``$15,000,000'' and inserting ``$10,000,000'';
and
(ii) in clause (iii)--
(I) by striking ``In the case'' and
inserting ``(I) in general.--In the
case'';
(II) by striking ``$100,000,000''
and inserting ``$150,000,000''; and
(III) by adding at the end the
following:
``(II) Annual adjustment for
inflation.--Beginning in the first year
after the date of enactment of this
subclause, the Secretary shall adjust
annually the $150,000,000 limit on
eligible project costs in subclause (I)
to reflect any increase in the Consumer
Price Index for All Urban Consumers
published by the Department of
Labor.''; and
(2) in subsection (c)--
(A) in paragraph (1)(B) by striking the period at
the end and inserting ``, subject to paragraph (2).'';
and
(B) in paragraph (2)--
(i) by striking ``No funding'' and
inserting ``(A) in general.--No funding''; and
(ii) by adding at the end the following:
``(B) Exemption.--
``(i) In general.--Subject to clause (ii),
notwithstanding section 102(2)(C) of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), a finding of no significant
impact, a record of decision, and any similar
analysis under the National Environmental
Policy Act of 1969 prepared for purposes of
complying with subparagraph (A) shall not
include an evaluation of the environmental
effects of the acquisition of real property by
a nonpublic entity for use in a project
described in section 601(a)(13)(E), for which
an application for credit assistance under the
TIFIA program has not been submitted as of the
date of such acquisition.
``(ii) Public entity ownership.--Clause (i)
shall not apply with respect to any component
of a project described in clause (i) that is
located within the geographic boundaries of the
real property acquired and that will be owned,
in full or in part, by a public entity for a
majority of the term of a secured loan issued
for such project.
``(C) Categorical exclusions.--The following
activities, if carried out on or after the date of
enactment of this subparagraph as a project (or part of
a project) described in section 601(a)(13)(E), are a
category of activities hereby designated as being
categorically excluded from the preparation of an
environmental assessment or an environmental impact
statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.):
``(i) Rehabilitation or conversion of an
existing office building to a residential or
mixed-use building occupying substantially the
same geographic footprint.
``(ii) Construction or reconstruction of a
new commercial building--
``(I) consistent with existing land
use and zoning requirements; and
``(II) on land disturbed for
transportation use (as such phrase is
used in section 771.118(c)(9) of title
23, Code of Federal Regulations, or any
successor regulations) or disturbed
land adjacent to land disturbed for
transportation use.''.
(c) Secured Loans.--Section 603(a) of title 23, United States Code,
is amended by adding at the end the following:
``(4) Loan disbursement.--Upon request from the obligor,
the Secretary may delay issuance of the secured loan funds
until a date, to be specified by the obligor, during the 2-year
period beginning on the date that the project is determined to
be in substantial completion, so long as the obligor is
compliant with the credit agreement on the date of issuance.''.
(d) Program Administration.--Section 605(f)(1) of title 23, United
States Code, is amended by striking ``$2,000,000'' and inserting
``$3,000,000''.
(e) Funding.--Section 608(a) of title 23, United States Code, is
amended--
(1) in paragraph (4)(B)--
(A) in clause (i) by striking ``under the Surface
Transportation Reauthorization Act of 2021''; and
(B) in clause (ii)--
(i) by striking ``fiscal years 2022 through
2026'' and inserting ``fiscal years 2027
through 2031''; and
(ii) by striking ``(as of October 1,
2021)'' and inserting ``(as of October 1,
2026)''; and
(2) in paragraph (6) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''.
(f) State Infrastructure Bank Program.--Section 610 of title 23,
United States Code, is amended--
(1) in subsection (d) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through 2031''
each place it appears; and
(2) in subsection (k) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''.
SEC. 2002. EMERGENCY LOAN RELIEF DUE TO MAJOR DISASTER.
(a) In General.--Chapter 6 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 612. Emergency loan relief due to major disaster
``(a) Definitions.--In this section:
``(1) Cost; modification.--The terms `cost' and
`modification' have the meanings given such terms,
respectively, in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a), and the term `modification' shall
include an interest rate reset under this section.
``(2) Eligible borrower.--The term `eligible borrower'
means a recipient of an eligible loan administered under the
TIFIA program.
``(3) Eligible loan.--The term `eligible loan' means a loan
issued under the TIFIA program.
``(4) Major disaster.--The term `major disaster' means a
major disaster declared by the President pursuant to section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
``(5) Obligor; tifia program.--The terms `obligor' and
`TIFIA program' have the meanings given such terms,
respectively, in section 601(a).
``(b) Emergency Interest Rate Reset.--
``(1) In general.--Notwithstanding section 603(b)(4), if at
any time after the date of execution of a credit agreement for
an eligible loan entered into after the date of enactment of
the BUILD America 250 Act, the eligible borrower of the
eligible loan is unable, as a result of a major disaster, to
generate sufficient revenues from all dedicated revenue sources
such that the eligible borrower is unable to pay the scheduled
repayments of principal and interest on the eligible loan--
``(A) the eligible borrower may submit to the
Secretary a request, in such manner and containing such
information as the Secretary may require, to reset the
interest rate of the eligible loan; and
``(B) the Secretary--
``(i) shall determine whether the eligible
borrower meets criteria established under
subsection (d); and
``(ii) if the eligible borrower meets such
criteria and provided that sufficient budget
authority is available to accommodate the cost
of the modification, may reset the interest
rate of the eligible loan (including through
amendment of the credit agreement for the
eligible loan) to a lower interest rate that is
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, if lower than the existing
interest rate on the eligible loan.
``(2) Applicability.--A lower interest rate provided with
respect to an eligible loan pursuant to paragraph (1)(B)(ii)
may be for a period of time the Secretary determines
appropriate, including through the final maturity date of the
eligible loan.
``(c) Other Loan Modifications.--With respect to an eligible
borrower described in paragraph (1) of subsection (b), the Secretary,
in carrying out subparagraph (B) of such paragraph, 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 603(c)(3)(B), as applicable; and
``(2) notwithstanding section 603(a), extend any applicable
disbursement period established under an agreement for credit
assistance made pursuant to section 603, as applicable.
``(d) Criteria.--
``(1) In general.--The Secretary shall establish criteria
for an eligible borrower to be eligible to receive a lower
interest rate or other loan modification under this section.
``(2) Factors for consideration.--In establishing criteria
under paragraph (1), the Secretary--
``(A) shall establish objective metrics to measure
whether an eligible borrower is unable to generate
sufficient revenues as a result of a major disaster;
and
``(B) may take into consideration such factors as
the Secretary determines to be relevant, including
whether the lowering of an interest rate or the
modification of a loan under this section would achieve
any of--
``(i) maintaining the operation of a
project carried out by an eligible borrower in
a disaster, emergency, or other extenuating
circumstance;
``(ii) mitigating the financial impact on
an eligible borrower of a disaster, emergency,
or other extenuating circumstance; or
``(iii) protecting the interests of the
Federal Government in critical
infrastructure.''.
(b) Clerical Amendment.--The analysis for chapter 6 of title 23,
United States Code, is amended by adding at the end the following:
``612. Emergency loan relief due to major disaster.''.
SEC. 2003. PERSONNEL MANAGEMENT AUTHORITY.
Section 116 of title 49, United States Code, is amended--
(1) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(2) by inserting after subsection (h) the following:
``(i) Personnel Management Authority.--
``(1) In general.--The Secretary may carry out a program of
personnel management authority provided in paragraph (2) in
order to facilitate the recruitment or retention of experts in
finance and investment for the Bureau.
``(2) Salaries and relocation expenses.--Under the program
under this subsection, the official responsible for the program
may--
``(A) without regard to any provision of title 5
governing the appointment of employees in the civil
service, in the case of the Bureau, appoint individuals
to a total of not more than 20 positions in the Bureau;
``(B) notwithstanding any provision of title 5
governing the rates of pay or classification of
employees in the executive branch, prescribe the rates
of basic pay for positions to which employees are
appointed under subparagraph (A) at a rate to be
determined by the head of the organization concerned up
to 150 percent of the total annual compensation payable
to the Vice President under section 104 of title 3; and
``(C) during any fiscal year, pay up to 5
individuals newly appointed pursuant to subparagraph
(A) the travel, transportation, and relocation expenses
and services described under sections 5724, 5724a, and
5724c of title 5.''.
SEC. 2004. STUDY ON ESTABLISHMENT OF FEDERAL INFRASTRUCTURE BANK.
(a) Study.--Not later than 120 days after the date of enactment of
this Act, the Secretary shall seek to enter into an agreement with the
National Academies to conduct a study on the establishment of a Federal
Infrastructure Bank to facilitate investment in, and the long-term
financing of, economically viable United States infrastructure projects
that provide a public benefit, including best practices for
implementing such bank.
(b) Elements.--The study conducted pursuant to subsection (a)
shall--
(1) identify potential forms of credit assistance a Federal
Infrastructure Bank could provide, including loans, loan
guarantees, lines of credit, and equity investments;
(2) examine how a Federal Infrastructure Bank could--
(A) increase State, local, and Tribal government
investment in infrastructure projects, including
transportation, water, and energy projects;
(B) reduce average financing timelines relative to
other Federal credit assistance programs; and
(C) increase the lending capacity of existing State
infrastructure banks;
(3) analyze the opportunities a Federal Infrastructure Bank
presents in--
(A) reducing barriers to the financing of
multimodal or multijurisdictional projects;
(B) attracting foreign investment from a country
other than a covered foreign country;
(C) financing nonrevenue infrastructure projects
and projects located in rural and economically
disadvantaged areas; and
(D) complementing but not duplicating existing
Federal credit assistance programs for infrastructure
projects;
(4) examine how a national infrastructure bank that is
substantially owned or controlled by the Federal Government
would be subject to Federal budget laws and accounting rules
and procedures; and
(5) identify best practices of other infrastructure banks,
including--
(A) national infrastructure banks or other
specialized development banks located in a country
other than a covered foreign country; and
(B) the California Infrastructure and Economic
Development Bank.
(c) Consultation.--In preparing the study required under subsection
(a), the National Academies shall consult with--
(1) the Secretary and other heads of relevant Federal
agencies;
(2) State infrastructure banks; and
(3) stakeholders with expertise in financial markets and
infrastructure financing.
(d) Report.--An agreement entered into under subsection (a) shall
require that, not later than 2 years after the date of enactment of
this Act, the National Academies submit a report detailing the findings
of the study required under subsection (a) to--
(1) the Committee on Transportation and Infrastructure of
the House of Representatives;
(2) the Committee on Financial Services of the House of
Representatives;
(3) the Committee on Environment and Public Works of the
Senate;
(4) the Committee on Commerce, Science, and Transportation
of the Senate; and
(5) the Committee on Banking, Housing, and Urban
Development of the Senate.
(e) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means--
(A) a State;
(B) any other governmental entity, including a
political subdivision or any other instrumentality of a
State;
(C) a State infrastructure bank;
(D) a partnership, including a public-private
partnership;
(E) a corporation, limited liability company, or
any other legally established corporate form;
(F) a joint venture;
(G) a trust; or
(H) a revolving fund.
(2) Covered foreign country.--The term ``covered foreign
country'' has the meaning given that term in section 164(e) of
the Servicemember Quality of Life Improvement and National
Defense Authorization Act for Fiscal Year 2025 (10 U.S.C. note
prec. 4651).
(3) Federal infrastructure bank.--The term ``Federal
Infrastructure Bank'' means a federally-chartered and
privately-funded bank established to provide to a covered
entity credit assistance, including equity investments, direct
loans, indirect loans, and loan guarantees, for the planning,
predevelopment, design, construction, operations, or
maintenance of infrastructure projects in the United States.
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, and any other territory or
possession of the United States.
(5) State infrastructure bank.--The term ``State
infrastructure bank'' means a State infrastructure bank or
multistate infrastructure bank established pursuant to--
(A) section 350 of the National Highway System
Designation Act of 1995 (23 U.S.C. 101 note);
(B) section 1511 of the Transportation Equity Act
for the 21st Century (23 U.S.C. 181 note);
(C) section 610 of title 23, United States Code; or
(D) any State law that establishes such bank as an
agency, component unit, or other governmental entity of
the State.
TITLE III--PUBLIC TRANSPORTATION
Subtitle A--Reforms
SEC. 3001. PURPOSE AND DECLARATION OF POLICY.
Section 5301 of title 49, United States Code, is amended to read as
follows:
``Sec. 5301. Purpose and declaration of policy
``(a) General Purpose.--The purpose of this chapter is to foster
the delivery of safe, high-quality transit services by public
transportation providers to individuals, including individuals with
disabilities, seniors, and individuals who depend on public
transportation, including through Federal funding to public
transportation systems.
``(b) Declaration of Policy.--It is in the interest of the United
States, including the economic interest of the United States, that
authorities granted to the Secretary under this chapter facilitate--
``(1) the safe transportation of passengers, workers, and
property on public transportation systems;
``(2) projects to develop and revitalize public
transportation systems in a manner that--
``(A) provides safe, efficient, and convenient
public transportation at the lowest cost; and
``(B) fosters cooperation of both public
transportation companies and private companies engaged
in public transportation;
``(3) the development of intermodal connections between
transit services and other transportation modes and systems to
serve public transportation passengers efficiently and
effectively;
``(4) the research, development, demonstration, and
deployment of projects dedicated to improving the delivery of
safe and effective public transportation services;
``(5) the development of the public transportation
workforce;
``(6) the maintenance of a state of good repair of public
transportation infrastructure and vehicles;
``(7) the adoption of innovative technology, concepts, and
approaches to promote safety, capacity, and efficiency
improvements for projects funded by a fixed guideway capital
investment grant;
``(8) economic development;
``(9) the development and delivery of capital projects;
``(10) cooperative and comprehensive planning that improves
the performance of the transportation network; and
``(11) technical assistance for recipients of assistance
under this chapter to more effectively and efficiently provide
public transportation service.''.
SEC. 3002. DEFINITIONS.
(a) In General.--Section 5302 of title 49, United States Code, is
amended--
(1) in paragraph (2)--
(A) by striking ``or use and that are physically or
functionally related'' and inserting ``use,
accessibility, navigability, or safety and that are
physically or functionally related'';
(B) by redesignating subparagraphs (A) through (G)
as clauses (i) through (vii), respectively;
(C) by striking ```associated transit improvement'
means, with respect to any project or an area to be
served by a project, projects'' and inserting
```associated transit improvement'--
``(A) means, with respect to any project or an area
served by a project, projects'';
(D) by striking ``facilities. Eligible projects
are--'' and inserting ``facilities; and
``(B) are projects related to--''; and
(E) in clause (i), as so redesignated, by striking
``intended'' and inserting ``planned'';
(2) by striking paragraph (16);
(3) by redesignating paragraphs (4) through (15) as
paragraphs (5) through (16), respectively;
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) Capital asset.--The term `capital asset' means a unit
of rolling stock, a facility, a unit of equipment, or an
element of infrastructure used for providing public
transportation owned, operated, or managed by a recipient of
financial assistance under this chapter.'';
(5) in paragraph (5), as so redesignated--
(A) in subparagraph (I)--
(i) in clause (i) by striking ``or'' at the
end;
(ii) in clause (ii)(III) by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) under section 5308.'';
(B) in subparagraph (M) by striking ``improvements;
or'' and inserting ``improvements--
``(i) within 2.5 miles of a transit
facility for projects described in clauses (v)
and (vii) of paragraph (2)(B);
``(ii) within a half mile of a transit
facility for projects described in clauses (i),
(iii), and (iv) of paragraph (2)(B); and
``(iii) at any location within the service
area of a public transportation provider for
projects described in clauses (ii) and (vi) of
paragraph (2)(B);'';
(C) in subparagraph (N) by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following new
subparagraph:
``(O) software, contracted or wholly owned, that is
related to the delivery of public transportation
services, including software as a service and cloud-
based software.'';
(6) in paragraph (21) by striking ``The term'' and all that
follows through the period at the end and inserting ``With
respect to a capital asset, the term `state of good repair'
means the condition of the capital asset at which the capital
asset is able to operate at a full level of performance, as
such condition is determined by the standards prescribed by the
Secretary in subpart D of part 625 of title 49, Code of Federal
Regulations, or any successor regulation.'';
(7) by redesignating paragraphs (22) through (25) as
paragraphs (23) through (26), respectively; and
(8) by inserting after paragraph (21) the following new
paragraph:
``(22) Transit asset management plan.--The term `transit
asset management plan' means a plan--
``(A) developed by a recipient of funding under
this chapter;
``(B) that includes, at a minimum, capital asset
inventories and condition assessments, decision support
tools, and investment prioritization; and
``(C) in which the recipient certifies compliance
with part 625 of title 49, Code of Federal Regulations,
or any successor regulation.''.
(b) Technical Amendments.--Section 5323(e)(3) of title 49, United
States Code, is amended by striking ``5302(4)(J)'' and inserting
``5302(5)(J)''.
SEC. 3003. TRANSPORTATION PLANNING.
(a) Metropolitan Transportation Planning.--Section 5303 of title
49, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Primary urbanized area.--The term `primary urbanized
area' means an urbanized area that--
``(A) has a population of at least 3,500,000
individuals, as determined by the Bureau of Census; or
``(B) extends into more than 1 State and has a
population of at least 200,000, as determined by the
Bureau of Census.'';
(2) in subsection (f)(1) by striking ``metropolitan area
and'' and inserting ``metropolitan area, including primary
urbanized areas that extend into more than 1 State in
accordance with section 5308, and'';
(3) in subsection (j)--
(A) in paragraph (1) by adding at the end the
following:
``(E) Exception.--Notwithstanding any other
provision of law, the amendment of an approved TIP to
add a project or an identified phase of a project shall
not require public review and comment if the added
project or the identified phase--
``(i) was in the approved TIP that
immediately preceded the current TIP; and
``(ii) is unchanged from the project or the
identified phase in the preceding TIP.''; and
(B) in paragraph (5)(A) by striking ``subsection
(k)(4)'' and inserting ``subsection (k)(5)'';
(4) in subsection (k)(4)--
(A) in subparagraph (A) by striking ``In general''
and inserting ``Housing coordination process'';
(B) by striking subparagraph (B);
(C) in subparagraph (C)--
(i) in clause (i) by striking the
enumerator and the heading; and
(ii) by striking clause (ii); and
(D) by redesignating subparagraph (C), as amended,
as subparagraph (B); and
(5) by adding at the end the following:
``(s) Additional Uses of Metropolitan Planning Funding.--In
addition to carrying out the purposes of this section, funds
appropriated under section 104(b)(6) of title 23 and section 5305(f) to
States and metropolitan planning organizations to carry out this
section may be used for--
``(1) fiscal administration of local projects;
``(2) preliminary design;
``(3) local technical assistance;
``(4) studies directly linked to transportation; and
``(5) critical data procurement.''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
5304 of title 49, United States Code, is amended--
(1) in subsection (e)(3) by striking the period at the end
and inserting ``, including primary urbanized areas that extend
to more than 1 State in accordance with section 5308.''; and
(2) in subsection (g)--
(A) by redesignating paragraph (9) as paragraph
(10); and
(B) by inserting after paragraph (8) the following:
``(9) Exception.--Notwithstanding any other provision of
law, the amendment of an approved transportation improvement
program to add a project or an identified phase of a project
shall not require public review and comment if the added
project or the identified phase--
``(A) was in the approved transportation
improvement program that immediately preceded the
current transportation improvement program; and
``(B) is unchanged from the project or the
identified phase in the preceding transportation
improvement program.''.
SEC. 3004. PLANNING PROGRAMS.
(a) In General.--Section 5305 of title 49, United States Code, is
amended--
(1) in subsection (d)(1)(A) by striking ``subsection
(g)(1)'' and inserting ``subsection (f)(1)'';
(2) in subsection (d)(3)(A) by striking ``subsection
(g)(1)'' and inserting ``subsection (f)(1)'';
(3) in subsection (e)(1)(A) by striking ``subsection
(g)(2)'' and inserting ``subsection (f)(2)'';
(4) in subsection (e)(2) by striking ``subsection (d)'' and
inserting ``subsection (c)'';
(5) in subsection (g)--
(A) by striking ``fiscal year'' and inserting
``fiscal year, less the amount set aside for such
fiscal year for the program under subsection (i)'';
(B) in paragraph (1) by striking ``subsection (d)''
and inserting ``subsection (c)''; and
(C) in paragraph (2) by striking ``subsection (e)''
and inserting ``subsection (d)'';
(6) by striking subsection (a);
(7) by redesignating subsections (b) through (h) as
subsections (a) through (g), respectively; and
(8) by adding at the end the following new subsection:
``(h) Exemptions to Covered Territories.--
``(1) In general.--Beginning on the date of enactment of
this subsection, the Secretary may award a grant to a covered
territory as if the covered territory is a State, except if the
Secretary determines that a requirement of section 5303, 5304,
or this section is inconsistent with the needs of the covered
territory, the Secretary may exempt the territory from such
requirement.
``(2) Covered territory defined.--In this subsection, the
term `covered territory' means American Samoa, the Northern
Mariana Islands, Guam, and the Virgin Islands.''.
(b) Amendments to Pilot Program for Transit-Oriented Development
Planning.--Subsection (b) of section 20005 of MAP-21 (49 U.S.C. 5303
note) is amended--
(1) in the subsection heading by striking ``Pilot'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(4) by adding at the end the following new paragraph:
``(3) Eligible project defined.--In this subsection, the
term `eligible project' means a new fixed guideway capital
project or a core capacity improvement project, as those terms
are defined in section 5309.''.
(c) Transfer of Program for Transit-Oriented Development
Planning.--Subsection (b) of section 20005 of MAP-21 (49 U.S.C. 5303
note), as amended, is transferred to appear as subsection (i) of
section 5305 of title 49, United States Code.
SEC. 3005. URBANIZED AREA FORMULA GRANTS.
(a) In General.--Section 5307 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) in clause (i) by striking ``; or'' at
the end; and
(ii) by adding at the end the following:
``(iii) operate a minimum of 101 buses and
a maximum of 125 buses in fixed route or demand
response service, excluding ADA complementary
paratransit service, during peak hours, in an
amount not to exceed 25 percent of the share of
the apportionment which is attributable to such
systems within the urbanized area, as measured
by vehicle revenue hours; or''; and
(B) in paragraph (2)(B)--
(i) in clause (i) by striking ``; or'' and
inserting a semicolon;
(ii) in clause (ii) by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) operate a minimum of 101 buses and
a maximum of 125 buses in fixed route or demand
response service, excluding ADA complementary
paratransit service, during peak hours, in an
amount not to exceed 25 percent of the share of
the apportionment allocated to such systems
within the urbanized area, as determined by the
local planning process and including in the
designated recipient's final program of
projects prepared under subsection (b).'';
(2) in subsection (b)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (7) as
paragraphs (4) through (6), respectively;
(3) in subsection (c)(1)--
(A) in subparagraph (I) by inserting ``or
eliminating'' after ``raising'';
(B) by striking subparagraph (J) and inserting the
following:
``(J) will expend not less than 1 percent of the
amount the recipient receives for each fiscal year
under section 5336 for crime prevention and security
projects described in section 5321;''; and
(C) by striking subparagraph (K) and inserting:
``(K) will expend not less than 1 percent of the
amount the recipient receives for each fiscal year
under section 5336 to further meet or exceed the
requirements described in part 37 or 38 of title 49,
Code of Federal Regulations; and'';
(4) by striking subsection (f) and inserting the following:
``(f) Records, Audits, and Evaluations.--
``(1) Records.--The Secretary shall require a recipient of
a grant under this section to keep records that--
``(A) disclose--
``(i) the amount and disposition by the
recipient of the proceeds of the grant;
``(ii) the total cost of the plan or
program for which the grant is given or used;
and
``(iii) the amounts and kinds of remaining
costs of the plan or program, as described
under subsection (d)(3); and
``(B) enable the Secretary or another appropriate
entity to audit such recipient.
``(2) Audits and examinations.--The Secretary and the
Comptroller General may audit and examine any records of a
recipient that are related to a grant made under this section.
``(3) Annual audit.--
``(A) In general.--At least annually, the Secretary
shall carry out, or authorize a recipient to carry out
independently, an audit of records for each grant to
establish whether the recipient--
``(i) has carried out the requirements
prescribed in subsection (c) for each grant
made pursuant to this section;
``(ii) is prepared to continue to fulfill
such requirements for the duration of the
grant; and
``(iii) has administered the grant and all
amounts of the Government in accordance with
all applicable laws and regulations.
``(B) Independent audit procedures and
requirement.--A recipient authorized by the Secretary
to carry out an independent review and audit under
subparagraph (A) shall--
``(i) ensure that an independent audit
complies with the auditing procedures of the
Comptroller General; and
``(ii) submit a certified copy of the audit
to the Secretary not more than 6 months after
the end of the fiscal year for which the audit
was made.
``(4) Triennial review.--Except as otherwise provided by
paragraph (5), the Secretary shall--
``(A) not less than once every 3 calendar years--
``(i) review and evaluate the findings from
each annual audit; and
``(ii) assess the extent to which actual
program activities are consistent with--
``(I) the activities proposed under
subsection (b); and
``(II) the planning process
required under sections 5303, 5304, and
5305;
``(B) to the extent practicable, coordinate such
review with any related State or local reviews; and
``(C) prioritize, as appropriate, the primary scope
of the review on--
``(i) any previously identified
deficiencies by the recipient; and
``(ii) the most common deficiencies by all
recipients, as identified by the Secretary.
``(5) Waiver of review.--
``(A) In general.--Except as otherwise provided in
subparagraph (C), the Secretary may waive the review
described in paragraph (4) if the Secretary, upon a
review of findings from the annual audits required
under paragraph (3), determines that the recipient
has--
``(i) not established a pattern of
deficiency in meeting all applicable grant
requirements as prescribed by law; and
``(ii) complied, to the satisfaction of the
Secretary, with all relevant directives issued
by the Federal Transit Administration and
attributable to the recipient, as applicable.
``(B) Consecutive waivers.--The Secretary may
consecutively waive the review described in paragraph
(4) after determining pursuant to paragraph (5) that a
waiver is justified, however, the Secretary must
conduct at least 1 review every 10 calendar years.
``(C) Requested reviews.--The Secretary shall
conduct all regularly scheduled triennial reviews for a
recipient if the recipient requests such scheduled
review be conducted.
``(6) Actions resulting from review, audit, or
evaluation.--The Secretary may take appropriate action in
response to a finding from a review or an audit conducted under
this subsection, including adjusting the amount of a grant or
withdrawing a grant.''; and
(5) by striking subsection (h) and inserting the following:
``(h) All Stations Accessibility Program.--
``(1) In general.--The Secretary may make competitive
grants to covered entities for use financing capital and
planning projects to upgrade the accessibility of legacy rail
fixed guideway public transportation systems for individuals
with disabilities, including individuals who use wheelchairs,
by increasing the number of existing (as of the date of
enactment of this subsection) stations or facilities for
passenger use that meet or exceed the new construction
standards of title II of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq.).
``(2) Application.--
``(A) In general.--To be eligible to receive a
grant under this subsection, a covered entity that has
complied with subparagraph (B) shall submit to the
Secretary an application--
``(i) in such form and containing such
information as the Secretary may require; and
``(ii) including a certification by the
applicant that the project for which a grant is
requested will meet or exceed the new
construction standards of title II of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12131 et seq.).
``(B) Consultation requirement.--Prior to
submitting an application under subparagraph (A), a
covered entity shall consult with appropriate
stakeholders and the surrounding community to ensure
accessibility for individuals with disabilities,
including individuals with physical, intellectual,
developmental, or sensory disabilities and individuals
who use wheelchairs.
``(3) Competitive process.--The Secretary shall--
``(A) not later than 90 days after the date on
which amounts are made available for obligation under
this subsection for a full fiscal year, solicit grant
applications for projects on a competitive basis; and
``(B) award a grant under this subsection based on
the solicitation under subparagraph (A) not later than
the earlier of--
``(i) 90 days after the date on which the
solicitation expires; or
``(ii) the end of the fiscal year in which
the Secretary solicited the grant applications.
``(4) Eligible projects.--A recipient of a grant under this
subsection may use the grant for the following projects:
``(A) A capital project to repair, improve, modify,
retrofit, or relocate infrastructure of stations or
facilities for passenger use, including load-bearing
members that are an essential part of the structural
frame of the station or facility.
``(B) A planning project to develop or modify a
plan for 1 or more public transportation accessibility
projects, an assessment of accessibility, or an
assessment of a planned modification to stations or
facilities for passenger use.
``(5) Prohibited uses.--A recipient of a grant under this
subsection may not use such grant to upgrade a station or
facility for passenger use that is accessible to and usable by
individuals with disabilities, including individuals who use
wheelchairs, and that meet or exceed the new construction
standards under title II of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12131 et seq.).
``(6) Federal share.--The Federal share of a project for
which a grant is issued under this subsection shall not exceed
80 percent of the net project cost.
``(7) Required disclosures.--The Secretary shall--
``(A) upon issuance of the notice of funding
opportunity in the Federal Register with respect to the
program under paragraph (1), publicly disclose all
metrics and evaluation procedures to be used in
considering applications submitted under paragraph (2);
and
``(B) make publicly available a summary of final
scores for projects funded by a grant under this
subsection, metrics, and other evaluations used in
awarding grants under this subsection.
``(8) Covered entity defined.--In this subsection, the term
`covered entity' means--
``(A) a designated recipient that allocates funds
awarded under this chapter to 1 or more legacy rail
fixed guideway public transportation systems; and
``(B) a State or local governmental entity that
operates 1 or more legacy rail fixed guideway public
transportation systems.''.
(b) Repeals.--
(1) Electric or low-emitting ferry pilot program.--Section
71102 of the Infrastructure Investment and Jobs Act (Public Law
117-58), and the item relating to such section in the table of
contents in section 1(b) of such Act, are repealed.
(2) Ferry service for rural communities.--Subsections (a)
through (f) of section 71103 of the Infrastructure Investment
and Jobs Act (23 U.S.C. 147 note) are repealed.
SEC. 3006. CONSOLIDATED STATE BLOCK GRANT PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5307 the following:
``Sec. 5308. Consolidated State block grant program
``(a) In General.--Excluding the amounts made available for primary
urbanized areas with respect to which a State is not a designated
recipient for Federal assistance pursuant to a financial assistance
program or grant program referenced in section 5338(a)(2), the
Secretary shall, subject to the requirements of subsection (b),
consolidate grant amounts made available in a fiscal year pursuant to
the formulas set forth in sections 5310, 5311(c)(5), 5336, 5337,
5339(a), and 5340.
``(b) Application Requirements and Selection.--
``(1) Application requirements.--
``(A) Certification.--In applying to participate in
the consolidated block grant program established under
this section, a State shall--
``(i) provide written notice to all
designated recipients within the State (other
than those designated recipients located in a
primary urbanized area) of the intent of such
State to apply to such program;
``(ii) afford affected designated
recipients an opportunity pursuant to
subparagraph (B) to affirmatively elect or to
deny participation in the program prior to the
date on which the State intends to submit the
application; and
``(iii) provide to the Secretary in the
application a list of--
``(I) designated recipients that
affirmatively elect to participate in
the program; and
``(II) direct recipients in the
relevant urbanized areas of such
designated recipients.
``(B) Role of designated recipients.--
``(i) In general.--A designated recipient
shall, not later than 60 days after receiving
written notice from the State described in
subparagraph (A)(i), inform the State as to
whether the recipient elects to participate in
the program established under this section.
``(ii) Determination in coordination with
direct recipients.--Within the time period
specified in clause (i), a designated recipient
shall coordinate with all direct recipients in
the relevant urbanized area in determining
whether to participate in such program.
``(iii) Majority concurrence.--A designated
recipient of an urbanized area in which a
majority of direct recipients in the relevant
urbanized area elect to affirmatively
participate in the block grant program
established under this section shall--
``(I) be required to participate in
the program established under this
section; and
``(II) affirmatively notify the
State of participation in the program.
``(iv) Failure to respond.--A designated
recipient of an urbanized area that fails to
inform a State of an election under clause (i)
within the time period specified in such clause
shall be deemed by the State to have
affirmatively provided notified the State of
its participation in the program established
under this section.
``(C) Non-participation.--A designated recipient of
an urbanized area that informs a State of its
determination to refuse participation in the block
grant program under this section in a fiscal year may
not participate in such program for the following 3
fiscal years.
``(2) Selection.--The Secretary shall allocate the amount
described in subsection (a) to a State if the Secretary has--
``(A) received an application from the State;
``(B) determined that the State has an organization
capable of effectively administering a block grant made
under this section;
``(C) determined that the State uses a
satisfactory--
``(i) transportation system planning
process; and
``(ii) programming process;
``(D) calculated--
``(i) the total amount to consolidate and
allocate to the State in accordance with
subsection (a); and
``(ii) from the amount described in clause
(i), the minimum amounts a State shall
obligate, based on the amounts that would
otherwise be allocated to such areas in a State
under sections 5307, 5310, and 5311(c)(5),
5337, 5339(a), and 5340, to--
``(I) rural and urban areas; and
``(II) areas of different
population levels; and
``(E) entered into an agreement with the State
whereby the State agrees--
``(i) to comply with applicable Federal
law, regulations, and requirements for
administering the block grant;
``(ii) to provide the Secretary with such
program information as the Secretary may
require; and
``(iii) to comply with the record and audit
requirements under subsection (c).
``(c) Records, Audits, and Evaluations.--The requirements set forth
in section 5307(f) shall apply to a State participating in the block
grant program under this section.
``(d) Prohibition; Rule of Construction.--
``(1) Prohibition.--A provider of public transportation in
a primary urbanized area may not receive funding made available
to a State pursuant to this section.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a provider of public
transportation in a primary urbanized area from receiving
funding from a State if the relevant State is the designated
recipient for assistance pursuant to sections 5307, 5310, 5311,
5337, 5339, or 5340.
``(e) Eligible Projects.--Amounts allocated to a State for
assistance pursuant to this section may be used for--
``(1) capital projects;
``(2) planning;
``(3) job access and reverse commute projects;
``(4) operating costs of equipment and facilities for use
in public transportation, notwithstanding section
5307(a)(1)(D);
``(5) public transportation projects planned, designed, and
carried out to meet the special needs of seniors and
individuals with disabilities when public transportation is
insufficient, inappropriate, or unavailable;
``(6) public transportation projects that exceed the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
``(7) public transportation projects that improve access to
fixed route service and decrease reliance by individuals with
disabilities on complementary paratransit;
``(8) alternatives to public transportation that assist
seniors and individuals with disabilities with transportation;
``(9) the acquisition of public transportation services,
including service agreements with private providers of public
transportation service;
``(10) intercity bus transportation and related activities
described in section 5311(f)(1);
``(11) financing capital projects to--
``(A) maintain public transportation systems in a
state of good repair, including projects to replace and
rehabilitate--
``(i) rolling stock;
``(ii) track;
``(iii) line equipment and structures;
``(iv) signals and communications;
``(v) power equipment and substations;
``(vi) passenger stations and terminals;
``(vii) security equipment and systems;
``(viii) maintenance facilities and
equipment;
``(ix) operational support equipment,
including computer hardware and software;
``(x) development and implementation of a
transit asset management plan; and
``(xi) other replacement and rehabilitation
projects the Secretary determines appropriate;
``(B) replace, rehabilitate, and purchase buses and
related equipment, including technological changes or
innovations to modify vehicles described in section
5339(c)(5) or related facilities; and
``(C) construct bus-related facilities; and
``(12) any other activity eligible for assistance pursuant
to sections 5307, 5310, 5311, 5337, 5339(a), and 5340 of this
chapter.
``(f) Roles and Responsibilities of Participating States.--
``(1) Program documentation.--
``(A) In general.--Any grant agreement providing
funds to be administered under such program shall be
documented in a manner determined acceptable to the
Secretary.
``(B) Parity.--The Secretary shall provide parity
to States and shall only require the same type of
information and level of detail for any program
agreements and documentation that the Secretary would
perform with respect to such action if the State did
not receive assistance in the form of a block grant
under this section.
``(C) Responsibilities.--Unless the State expressly
agrees to retain responsibility, the Secretary shall
assume responsibility for grant compliance
investigations, determinations, and enforcement.
``(2) Reporting requirements.--
``(A) In general.--Each State participating in the
block grant program shall submit to the Secretary an
annual report that includes--
``(i) the number of project applications
received for each fiscal year, including--
``(I) the aggregate cost of the
projects for which applications are
received; and
``(II) the types of projects to be
carried out, expressed as percentages
of the total consolidated amount
allocated to the State under this
section; and
``(ii) a list of each project selected for
funding for each fiscal year, including, for
each project--
``(I) the fiscal year during which
the project was selected;
``(II) the fiscal year in which the
project is anticipated to be funded;
``(III) the recipient;
``(IV) the location, including the
congressional district;
``(V) the type;
``(VI) the cost; and
``(VII) a brief description.
``(B) Public availability.--The Secretary shall
make available to the public, in a user-friendly format
on the website of the Department of Transportation, a
copy of each annual report submitted under subparagraph
(A).
``(g) Consultation With Certain Planning Organizations.--For
purposes of carrying out a block grant program under this section, a
State shall--
``(1) as applicable, consult with relevant metropolitan
planning organizations in an urbanized area that is not a
primary urbanized area; or
``(2) as applicable, consult with relevant regional
transportation planning organizations in rural areas.
``(h) Treatment of Projects.--Projects funded under this section
shall be treated as public transportation projects for purposes of this
chapter.
``(i) Cost Share.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of an allowable project cost for a
project funded under this section shall not exceed 80 percent.
``(2) Sliding scale.--The Federal share rate provided under
paragraphs (1) and (2) of section 120(b) of title 23 shall
apply to a project under this section if such rate is
applicable to the State in which such project is carried out.
``(3) Certain projects.--Section 5323(i) applies to
projects carried out under this subsection, unless a lower
share percentage is requested.
``(j) Primary Urbanized Area.--In this section, the term `primary
urbanized area' means an urbanized area that--
``(1) has a population of at least 3,500,000, as determined
by the Bureau of Census; or
``(2) extends into more than 1 State and has a population
of at least 200,000, as determined by the Bureau of Census.''.
(b) Rulemaking Authority.--The Secretary may issue such regulations
as may be necessary to carry out section 5308, as added by subsection
(a).
SEC. 3007. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) Amendments to Fixed Guideway Capital Investment Grant
Program.--Section 5309 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by
striking ``, the following definitions shall apply'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Core capacity improvement project.--The term `core
capacity improvement project'--
``(A)(i) means a capital investment in an existing
fixed guideway system that--
``(I) increases the capacity of a
corridor by not less than 10 percent;
or
``(II) substantially increases the
capacity of such system (in part or in
whole); and
``(ii) includes a project that--
``(I) is primarily intended to
increase capacity by reducing passenger
travel time in a corridor or in an
existing fixed guideway system,
including for passengers with
disabilities and those who use
wheelchairs; and
``(II) otherwise meets the
requirements of clause (i); and
``(B) does not include--
``(i) elements designed to maintain a state
of good repair of the existing fixed guideway
system;
``(ii) elements to improve general station
facilities (other than stairs, elevators,
ramps, or escalators for passenger use) or
parking; and
``(iii) acquisition of rolling stock
alone.'';
(C) in paragraph (3) by striking ``small start''
and inserting ``streamlined start''; and
(D) in paragraph (6)--
(i) in the paragraph heading by striking
``Small start'' and inserting ``Streamlined
start'';
(ii) in the matter preceding subparagraph
(A) by striking ``small start'' and inserting
``streamlined start''; and
(iii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) the total estimated net capital cost is less
than $1,000,000,000 (adjusted annually for inflation);
and
``(B) Federal assistance provided or requested
under this section is less than or equal to 50 percent
of the dollar amount specified in subparagraph (A).'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``small start''
and inserting ``streamlined start''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) core capacity improvement projects, including--
``(A) acquisition of real property;
``(B) acquisition of rights-of-way;
``(C) double tracking;
``(D) signalization improvements;
``(E) electrification;
``(F) expanding system platforms;
``(G) acquisition of rolling stock associated with
corridor or system-wide improvements increasing
capacity;
``(H) construction of infill stations;
``(I) construction, renovation, and improvement of
stairs, ramps, elevators, and escalators to improve
accessibility of the system or corridor for individuals
with disabilities, including individuals who use
wheelchairs; and
``(J) other capacity improvements the Secretary
determines are appropriate to increase the capacity of
the system or corridor.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``small start'' and inserting
``streamlined start''; and
(ii) in subparagraph (C)--
(I) by striking ``the applicant''
and inserting ``if applicable, the
applicant'';
(II) by striking ``the performance
targets'' and inserting ``a performance
target''; and
(III) by striking ``in section
5326(c)(2)'' and inserting ``described
in section 5326(b)(2)(A)''; and
(B) in paragraph (3) to read as follows:
``(3) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for a project if
the applicant--
``(A) has--
``(i) during the 5-year period immediately
preceding the date on which the applicant
requests funds for the project--
``(I) successfully completed at
least 1 project pursuant to this
section that is similar in complexity
to the project for which the applicant
is seeking an expedited review; and
``(II) demonstrates that the
applicant continues to have the staff
expertise and other resources necessary
to implement a new project; or
``(ii) during the 3-year period immediately
preceding the date on which the applicant
requests funds for the project--
``(I) successfully completed at
least 1 project pursuant to this
section; or
``(II) fulfilled readiness
requirements related to technical
capacity for a comparable project
sponsored by the applicant; and
``(B) certifies, in a manner determined by the
Secretary, that all project oversight requirements
applicable to the project will be fulfilled.'';
(4) in subsection (d)(1)(A)--
(A) in clause (i)(II) by striking ``initiates'' and
inserting ``has initiated''; and
(B) in clause (ii)--
(i) by redesignating subclauses (I) and
(II) as subclauses (II) and (III),
respectively; and
(ii) by inserting before subclause (II), as
so redesignated, the following:
``(I) determines that the applicant
has completed 30 percent of design and
engineering for the project;'';
(5) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in clause (i)(II) by striking
``initiates'' and inserting ``has initiated'';
and
(ii) in clause (ii)--
(I) by redesignating subclauses (I)
and (II) as subclauses (II) and (III),
respectively; and
(II) by inserting before subclause
(II), as so redesignated, the
following:
``(I) determines that the applicant
has completed 30 percent of design and
engineering for the project;''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking clause (iii);
(II) by redesignating clauses (iv)
and (v) as clauses (iii) and (iv),
respectively; and
(III) in clause (iii), as so
redesignated, by striking ``needs of
the corridor'' and all that follows
through the semicolon and inserting
``needs of the system or corridor;'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i) by striking ``subparagraph
(A)(iv)'' and inserting ``subparagraph
(A)(iii)''; and
(II) by striking clause (ii) and
inserting the following:
``(ii) whether the project will increase
capacity of a corridor by at least 10 percent
or substantially increase capacity system-wide
(in whole or in part), including in the manner
described in subsection (a)(2)(A)(ii);'';
(6) in subsection (f)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking `` or (e)(2)(A)(v)'' and
inserting ``or (e)(2)(A)(iv)''; and
(ii) in subparagraph (C) by striking
``local resources'' and inserting ``the
applicant demonstrate that local resources'';
and
(B) in paragraph (2) by striking ``or
(e)(2)(A)(v)'' and inserting ``or (e)(2)(A)(iv)'';
(7) in subsection (g)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii) by striking
``subsection (e)(2)(A)(iv)'' and inserting
``subsection (e)(2)(A)(iii)'';
(ii) in subparagraph (B) by striking ``or
(e)(2)(A)(iv)'' each place it appears and
inserting ``or (e)(2)(A)(iii)'' and
(iii) by adding at the end the following:
``(D) Eligibility for adjustment of certain
criterion.--
``(i) In general.--In evaluating and rating
the economic development criterion referenced
in subsection (d)(2)(A)(iii) and
(e)(2)(A)(iii), the Secretary may increase 1
point on the 5-point scale (high, medium-high,
medium, medium-low, or low) the rating for the
economic development criterion if the applicant
submits documented evidence that enacted local
policies promote housing development for areas
accessible to transit facilities along the
project route.
``(ii) Consideration; consultation.--In
carrying out clause (i), the Secretary shall--
``(I) consider whether the evidence
submitted by the applicant will result
in development appropriate to expected
housing demand in the project area; and
``(II) consult with the Secretary
of Housing and Urban Development.'';
(B) by amending paragraph (5) to read as follows:
``(5) Policy guidance.--
``(A) In general.--The Secretary shall issue policy
guidance regarding the review and evaluation process
and criteria each time the Secretary makes significant
changes to the process and criteria, but not less
frequently than once every 2 years.
``(B) Requirement.--In carrying out subparagraph
(A), the Secretary shall--
``(i) ensure that the policy guidance for
streamlined start projects is reflective of any
differences in project scope, cost, risk, and
source of local financial commitment compared
to projects under subsections (d) and (e); and
``(ii) for core capacity improvement
projects that propose to increase capacity in
the manner described in subsection
(a)(2)(A)(ii), issue specific policy guidance
for evaluating how such projects may increase
the capacity of the system or corridor.
``(C) Nonsubstantive policy updates.--
Notwithstanding the requirements of section 5334(k),
the Secretary may issue or publish an update to the
policy guidance described in subparagraph (A) provided
that such update does not--
``(i) impose a binding obligation on an
applicant under this section; or
``(ii) significantly change the
administration of the existing policy.'';
(C) in paragraph (6)--
(i) by striking ``Not later than 1 year''
and all that follows through ``shall issue''
and inserting ``The Secretary shall maintain'';
and
(ii) in subparagraph (B) by striking
``corridor'' and inserting ``corridor or
system''; and
(D) in paragraph (8) by striking ``the date of
enactment of the Federal Public Transportation Act of
2012'' and inserting ``October 1, 2012'';
(8) in subsection (h)--
(A) in the subsection heading by striking ``Small
Start'' and inserting ``Streamlined Start'';
(B) by striking ``small start'' in each place it
occurs and inserting ``streamlined start'';
(C) by striking ``small starts'' in each place it
occurs and inserting ``streamlined start'';
(D) in paragraph (2)(A)--
(i) in clause (i)(II) by striking
``initiates'' and inserting ``has initiated'';
and
(ii) in clause (ii)--
(I) by redesignating subclauses (I)
and (II) as subclauses (II) and (III),
respectively; and
(II) by inserting before subclause
(II), as so redesignated, the
following:
``(I) determines that the applicant
has completed 30 percent of design and
engineering for the project;'';
(E) in paragraph (6) by adding at the end the
following:
``(C) Eligibility for adjustment of certain
criterion.--
``(i) In general.--In evaluating and rating
the economic development criterion referenced
in paragraph (4), the Secretary may increase 1
point on the 5-point scale (high, medium-high,
medium, medium-low, or low) the rating for the
economic development criterion if the applicant
submits documented evidence that enacted local
policies promote housing development for areas
accessible to transit facilities along the
project route.
``(ii) Consideration; consultation.--In
carrying out clause (i), the Secretary shall--
``(I) consider whether the evidence
submitted by the applicant will result
in development appropriate to expected
housing demand in the project area; and
``(II) consult with the Secretary
of Housing and Urban Development.'';
and
(F) in paragraph (7)(C) by striking ``10 days'' and
inserting ``3 business days'';
(9) in subsection (i)(4)--
(A) in subparagraph (B)--
(i) in the subparagraph heading by striking
``Small start'' and inserting ``Streamlined
start''; and
(ii) by striking ``small start'' and
inserting ``streamlined start''; and
(B) in subparagraph (C)(iii) by striking ``small
start'' and inserting ``streamlined start'';
(10) in subsection (j) by striking ``the date of enactment
of the Federal Public Transportation Act of 2012'' and
inserting ``October 1, 2012'';
(11) in subsection (k)--
(A) in paragraph (2)--
(i) in subparagraph (E)(i) by striking
``Applicants'' and inserting ``Unless otherwise
provided by subparagraph (G), applicants'';
(ii) in subparagraph (F) by striking ``To
be eligible'' and inserting ``Unless otherwise
provided by subparagraph (G), to be eligible'';
and
(iii) by adding at the end the following
new subparagraph:
``(G) Special rule.--An applicant seeking a full
funding grant agreement under this paragraph for a
project that has a local financial commitment of not
less than 50 percent of the total net cost of the
project may not be required by the Secretary to submit
a plan described in subparagraph (E) or to collect data
on the current system described in subparagraph (F).'';
and
(B) in paragraph (5) by striking ``15 days'' and
inserting ``3 business days'';
(12) in subsection (l)--
(A) in paragraph (1)(B)--
(i) in clause (iii) by striking ``in the
corridor'' and inserting ``of the system or
corridor''; and
(ii) in clause (iv)--
(I) in the clause heading by
striking ``small start'' and
``streamlined start''; and
(II) by striking ``small start''
and inserting ``streamlined start'';
and
(B) in paragraph (7) by striking ``the date of
enactment of the Federal Public Transportation Act of
2012'' and inserting ``October 1, 2012'';
(13) in subsection (m) by adding at the end the following
new paragraph:
``(3) Pre-project development phase costs.--The Secretary
shall pay the Government share of project costs incurred by a
State or local governmental authority that carries out any part
of a project described in this section without the aid of
amounts of the Government and according to all applicable
procedures and requirements, if--
``(A) the project development costs of the project
were incurred by the State or local governmental
authority before the date on which the project entered
into the project development phase;
``(B) the project--
``(i) in the case of a project under
subsections (d) or (e), advances to the
engineering phase; or
``(ii) in the case of a project under
subsection (h), advances to the construction
phase; and
``(C) the State or local governmental authority
applies for payment of such Government share.'';
(14) in subsection (o)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) by striking subparagraph (C) and
inserting the following:
``(C) recommendations of such projects for
funding--
``(i) based on the evaluations and ratings
and on existing commitments and anticipated
funding levels for the next 3 fiscal years
based on information currently available to the
Secretary; and
``(ii) prioritizing projects submitted
under subsection (u); and'';
(iii) by redesignating subparagraph (C), as
amended, as subparagraph (B); and
(iv) by adding at the end the following new
subparagraph:
``(C) a narrative summary for projects for which
the Secretary adjusted the rating of the economic
development criterion pursuant to subsection (g)(2)(D)
or (h)(6)(C).'';
(B) in paragraph (2)(A)(i)(I) by striking ``and
section 3005(b) of the Federal Public Transportation
Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94)'';
and
(C) by adding at the end the following new
paragraph:
``(3) Evaluations and rating.--Concurrently with updates
made pursuant to subsection (r)(2), the Secretary shall submit
to Congress, and make available to the public, report
evaluations and ratings, as required under subsections (d),
(e), and (h), for each such project that--
``(A) is in the project development phase;
``(B) is in the engineering phase; or
``(C) has received a full funding grant
agreement.'';
(15) in subsection (p)--
(A) in the subsection heading by striking ``Rule''
and inserting ``Rules Regarding Cost Effectiveness'';
(B) by striking ``For the purposes'' and inserting
``(1) treatment of certain capital costs.--For the
purposes''; and
(C) by adding at the end the following new
paragraph:
``(2) Alternative metric consideration.--In making a
determination regarding the cost effectiveness of a project
under subsection (d)(2)(A)(iii) or (e)(2)(A)(iii), the
Secretary may consider, in addition to the measurement of cost
per rider, upon request of the project sponsor, an alternative
metric for cost effectiveness determined appropriate by the
Secretary.''; and
(16) by adding at the end the following:
``(s) Alternative Project Delivery.--
``(1) In general.--Notwithstanding contract requirements in
section 5325, the Secretary may allow an applicant to enter
into a covered project delivery contract with respect to a
project for which the applicant requests funds under this
section.
``(2) Covered project delivery contract defined.--In this
subsection, the term `covered project delivery contract'
means--
``(A) an agreement that provides for both design
and construction of a project by 1 or more contractors
through alternative project delivery methods, including
construction manager/general contractor, construction
manager-at-risk, progressive design build, or any other
alternative project delivery method; or
``(B) a single contract for the delivery of a whole
project that--
``(i) includes, at a minimum, the sponsor,
builder, and designer as parties subject to the
terms of the contract;
``(ii) aligns the interests of all parties
to the contract with respect to the project
costs and project outcomes; and
``(iii) includes processes to ensure
transparency and collaboration among all
parties to the contract with respect to the
project costs and project outcomes.
``(t) Special Rule for Risk Assessment and Lock-in Date.--With
respect to core capacity improvement projects and new fixed guideway
capital projects, the Secretary may not determine a maximum Capital
Investment Grant contribution or conduct a risk assessment until 120
days after the project enters into the engineering phase, except the
Secretary may conduct a risk assessment earlier upon request from the
project sponsor.''.
(b) Amendments to Expedited Project Delivery for Capital Investment
Grants Pilot Program.--Section 3005(b) of the FAST Act (49 U.S.C. 5309
note) is amended--
(1) in the heading by striking ``Pilot'';
(2) by striking paragraph (1) and inserting the following:
``(1) Definition of specified core capacity improvement
project.--In this subsection, the term `specified core capacity
improvement project'--
``(A)(i) means a capital investment in an existing
fixed guideway system that--
``(I) increases the capacity of a
corridor by not less than 10 percent;
or
``(II) substantially increases the
capacity of such system (in part or in
whole); and
``(ii) includes a project that--
``(I) is primarily intended to
increase capacity by reducing passenger
travel time in a corridor or in an
existing fixed guideway system,
including for passengers with
disabilities and passengers who use
wheelchairs; and
``(II) otherwise meets the
requirements of clause (i);
``(B) may include project elements designed to
achieve a state of good repair of the existing fixed
guideway system; and
``(C) does not include--
``(i) elements designed to maintain a state
of good repair of the existing fixed guideway
system;
``(ii) elements to improve general station
facilities (other than stairs, elevators,
ramps, or escalators for passenger use) or
parking; and
``(iii) acquisition of rolling stock
alone.'';
(3) in paragraph (2)--
(A) in subparagraph (A) by striking ``small start''
and inserting ``streamlined start''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) specified core capacity improvement projects,
including--
``(i) acquisition of real property;
``(ii) acquisition of rights-of-way;
``(iii) double tracking;
``(iv) signalization improvements;
``(v) electrification;
``(vi) expanding system platforms;
``(vii) acquisition of rolling stock
associated with corridor improvements
increasing capacity;
``(viii) construction of infill stations;
``(ix) construction, renovation, and
improvement of stairs, ramps, elevators, and
escalators to improve accessibility of the
system or corridor for individuals with
disabilities, including individuals who use
wheelchairs; and
``(x) other capacity improvements the
Secretary determines are appropriate to
increase the capacity of the system or
corridor.'';
(4) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``not more than 8 grants
under this subsection for eligible projects if
the Secretary determines that'' and inserting
``grants under this subsection to State and
local governmental authorities to assist in
financing a new fixed guideway capital project,
a streamlined start project, or a specified
core capacity improvement project if the
Secretary determines that'';
(ii) in clause (i) by striking ``of title
49, United States Code'';
(iii) by striking clause (iii) and
inserting the following:
``(iii) there are private contributions to
the project, which may include cost-effective
project delivery, management or transfer of
project risks, expedited project schedule,
financial partnering, and other public-private
partnership strategies, provided such elements
are determined by local policies, criteria, and
decisionmaking under section 5306(a);''; and
(iv) in clauses (i) through (vi) by
striking ``eligible'' each place it appears;
(B) in subparagraph (B) by striking ``of title 49,
United States Code,'';
(C) in subparagraph (C) by striking ``for
applicants that have'' and all that follows through the
period and inserting ``as prescribed in subsection
(c)(3).'';
(D) in subparagraph (D)--
(i) in clause (i)--
(I) in the matter preceding
subclause (I) by striking ``an eligible
project'' and inserting ``a project'';
and
(II) in subclause (I) by striking
``eligible''; and
(ii) in clause (ii) by striking
``eligible'' each place it appears;
(E) in subparagraph (E) by striking ``of title 49,
United States Code,''; and
(F) by adding at the end the following new
subparagraph:
``(F) Consideration for specified core capacity
project.--For purposes of making a determination under
this paragraph for a specified core capacity project,
the Secretary shall determine whether the project will
increase capacity of a corridor by at least 10 percent
or substantially increase capacity system-wide (in
whole or in part), including in the manner described in
paragraph (1)(A)(ii).'';
(5) in paragraph (4)--
(A) in subparagraph (A) by striking ``an eligible''
and inserting ``a'';
(B) in subparagraphs (B) and (C) by striking
``eligible'' each place it appears; and
(C) in subparagraph (C)(i) by striking ``public-
private partnership required'' and inserting ``private
contributions required'';
(6) in paragraph (5)(A) by striking ``120 days'' and
inserting ``180 days'';
(7) in paragraph (6)--
(A) by striking ``eligible'' each place it appears;
and
(B) by inserting ``specified'' before ``core
capacity'';
(8) in paragraph (7) by striking ``an eligible'' and
inserting ``a'';
(9) in paragraph (8)--
(A) in subparagraph (A)(i)--
(i) by striking ``an eligible'' each place
it appears and inserting ``a''; and
(ii) by striking ``the eligible'' and
inserting ``the'';
(B) in subparagraph (B)--
(i) in clauses (i) and (ii) by striking
``an eligible'' and inserting ``a'';
(ii) in clause (iii)--
(I) by striking ``eligible'' each
place it appears; and
(II) in subclause (III) by striking
``, consistent with the terms of the
public-private partnership agreement'';
(iii) in clause (iv)--
(I) in subclause (III) by striking
``eligible project'' each place it
appears and inserting ``project''; and
(II) in subclause (IV)--
(aa) by inserting
``specified'' before ``core
capacity''; and
(bb) by striking ``small
start'' and inserting
``streamlined start''; and
(iv) in clause (v) by striking ``small
start'' and inserting ``streamlined start'';
(C) in subparagraph (C)(i) by striking
``eligible''; and
(D) in subparagraph (D)--
(i) in clause (i)--
(I) by striking ``15 days'' and
inserting ``3 business days''; and
(II) by striking ``an eligible''
and inserting ``a''; and
(ii) in clause (ii) by striking
``eligible'';
(10) in paragraph (9)--
(A) in subparagraph (A)--
(i) by striking ``an eligible'' and
inserting ``a''; and
(ii) by striking ``25 percent'' and
inserting ``40 percent'';
(B) in subparagraph (C) by striking ``75 percent''
and inserting ``60 percent''; and
(C) in subparagraph (E)--
(i) by striking ``an eligible project'' and
inserting ``a project'';
(ii) by striking ``the applicant shall
repay'' and inserting ``as determined by the
Secretary, the applicant shall repay'';
(iii) by striking ``the eligible project''
and inserting ``the project''; and
(iv) by striking ``all eligible project''
and inserting ``all project'';
(11) in paragraph (10)(A)--
(A) by striking ``an eligible project'' and
inserting ``a project'';
(B) by striking ``that eligible project'' and
inserting ``the project''; and
(C) by striking ``the eligible project'' and
inserting ``the project'';
(12) in paragraph (11) by striking ``Not later than'' and
all that follows through the period at the end and inserting
``In each annual report described in subsection (o)(1), the
Secretary shall include a proposed amount to be available to
finance grants for anticipated projects under this
subsection.''; and
(13) in paragraph (12)--
(A) in subparagraph (B) by striking the semicolon
and inserting ``; or'';
(B) in subparagraph (C) by striking ``; or'' and
inserting a period; and
(C) by striking subparagraph (D).
(c) Transfer of Expedited Project Delivery for Capital Investment
Grants Program.--Section 3005(b) of the FAST Act, as amended by
subsection (b), is transferred to appear as subsection (u) of section
5309 of title 49, United States Code.
(d) Ensuring Flexibility in CIG Project Pipelines.--The Secretary
shall, to the greatest extent practicable and in accordance with
applicable statutory requirements--
(1) ensure that an applicant in the capital investment
grant program has flexibility to move between project pipelines
provided under subsections (d), (e), (h), and (u) of section
5309; and
(2) minimize the administrative burden associated with
utilizing such flexibility.
(e) Applicability.--The amendments made by subsections (a) through
(c) shall only apply to a grant application under section 5309 of title
49, United States Code, that--
(1) is submitted on or after the date of enactment of this
Act;
(2) is moved by the Secretary between project pipelines
provided under subsections (d), (e), (h), and (u) of such
section after the date of enactment of this Act; or
(3) is for a project--
(A) that prior to the date of enactment of this
Act--
(i) entered into the project development
phase provided under subsections (d), (e), or
(h) of such section; or
(ii) has submitted a complete application
under subsection (u) of such section to the
Secretary; and
(B) with a project sponsor that has elected to
subject such application to the amendments made by
subsections (a) through (c).
SEC. 3008. FORMULA GRANTS FOR ENHANCED MOBILITY OF SENIORS AND
INDIVIDUALS WITH DISABILITIES.
(a) Transfer of Section 3006(b) of the Fixing America's Surface
Transportation Act.--Section 3006(b) of the Fixing America's Surface
Transportation Act (49 U.S.C. 5310 note) is transferred to appear as
section 5310(j) of title 49, United States Code.
(b) Amendments.--Section 5310(j) of title 49, United States Code,
as transferred by subsection (a), is amended--
(1) in the subsection heading by striking ``Pilot'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through (6) as (1)
through (5), respectively;
(4) in paragraph (1), as so redesignated--
(A) in the matter preceding subparagraph (A) by
striking ``eligible recipients'' and inserting
``recipients'';
(B) in subparagraph (B) by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following new subparagraph:
``(C) projects that improve access to a facility of
the Department of Veterans Affairs or an organization
or a facility that provides services to veterans using
funds provided by the Department of Veterans Affairs;
and'';
(5) in paragraph (2), as so redesignated--
(A) by striking ``An eligible recipient'' and
inserting ``A recipient''; and
(B) by striking ``eligible project'' in each place
it occurs and inserting ``capital project'';
(6) by striking paragraph (3), as so redesignated, and
inserting:
``(3) Briefing.--Annually during the period between October
1 and December 31, the Secretary shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on projects carried out during the
most recently completed fiscal year using grant funds issued
under this subsection, including--
``(A) an evaluation of the program under this
subsection, including an evaluation of the specific
performance measures identified by each recipient
pursuant to paragraph (2)(D); and
``(B) if applicable, a detailed description of each
project, including any activities therein, carried out
during such fiscal year using grant funds issued under
this subsection.'';
(7) in paragraph (4), as so redesignated, by striking ``an
eligible project'' in each place it occurs and inserting ``a
capital project''; and
(8) in paragraph (5), as so redesignated, by striking
``chapter 53 of title 49, United States Code'' and inserting
``this chapter''.
(c) Additional Amendments.--Section 5310 of title 49, United States
Code, is further amended--
(1) in subsection (b)(1)(A) by striking ``special''; and
(2) in subsection (d)(3)(B)(ii) by striking ``highways
program'' and all that follows through the period and inserting
``transportation program under section 203 of title 23.''.
SEC. 3009. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Insular area.--The term `insular area' means the
United States Virgin Islands, Guam, American Samoa, and the
Northern Mariana Islands.'';
(2) in subsection (b)(3)(B) by striking ``5338(a)(2)(F)''
and inserting ``5338(a)(2)(D)'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``section 5338(a)(2)(F)'' and
inserting ``section 5338(a)(2)(D)'' ;
(ii) in subparagraph (A) by striking
``and'' at the end;
(iii) in subparagraph (B) by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(C) 1 percent shall be available to carry out
paragraph (4); and
``(D) $25,000,000 shall be set aside each fiscal
year to carry out the rural and insular ferry
competitive program under section 5339(d) as such
grants relate to an area described under section
5339(d)(2)(B).'';
(B) in paragraph (3)(C) by striking
``5338(a)(2)(F)'' and inserting ``5338(a)(2)(D)'';
(C) in paragraph (4)(A) by striking ``section
5338(a)(2)(F) that are not apportioned under paragraph
(1) or (2)'' and inserting ``section 5338(a)(2)(D) that
are not apportioned in accordance with paragraph (1)'';
(D) by redesignating paragraph (4) as paragraph
(5); and
(E) by inserting after paragraph (3) the following:
``(4) Insular area public transportation assistance
program.--For each fiscal year, the amounts made available
under paragraph (1)(C) shall be equally apportioned for grants
to insular areas for any purpose eligible under this section
under such terms and conditions as may be established by the
Secretary.'';
(4) in subsection (f)(1)(B) by striking ``facilities;'' and
inserting ``facilities, which provided the project supports
intercity bus service to or from rural areas, includes all
portions of such facilities regardless of--
``(i) the geographic area in which such
facilities are located; or
``(ii) whether or not such facilities are
used exclusively for intercity bus service to
and from rural areas;'';
(5) in subsection (g)--
(A) in paragraph (3)--
(i) by striking subparagraph (E) and
inserting the following:
``(E) notwithstanding subparagraph (D), may be
derived from amounts made available to carry out the
Federal lands transportation program established by
section 203 of title 23; and''; and
(ii) in subparagraph (F) by striking ``to
which'' and inserting ``(regardless of whether
such a service operates in 1 or more States) to
which''; and
(B) in paragraph (4)--
(i) by striking ``For purposes of'' and
inserting ``(A) advertising and concession
revenues.--For purposes of''; and
(ii) by adding at the end the following new
subparagraph:
``(B) In-kind match.--With respect to an amount
used as an in-kind match pursuant to paragraph (3)(F),
such amount may not be used by any other recipient of a
Federal award, including another Federal award under
this section, to satisfy an in-kind or cost-share
requirement for such Federal award.''; and
(6) in subsection (j)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B)
through (E) as subparagraphs (C) through (F),
respectively; and
(ii) by inserting after subparagraph (A)
the following:
``(B) Minimum apportionment.--Notwithstanding
clause (i) of subparagraph (A), an Indian tribe that
receives an apportionment under such clause may not
receive less than 0.05 percent of the amount
apportioned under such clause.''; and
(B) by adding at the end the following new
paragraph:
``(3) Eligibility.--Notwithstanding any other provision of
law, funds apportioned pursuant to this subsection may be used
by an Indian tribe in the same manner as a recipient of Federal
assistance under section 5308.''.
SEC. 3010. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
Section 5314 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subsection (B)(ii)--
(I) by striking ``the development
of'' inserting ``advance the
development of''; and
(II) by striking the period at the
end and inserting ``; and''; and
(ii) by striking ``(1) Technical
assistance'' and all that follows through
``technical assistance; and'' and inserting the
following:
``(1) In general.--The Secretary may--
``(A) make grants and enter into contracts,
cooperative agreements, and other agreements (including
agreements with departments, agencies, and
instrumentalities of the Government) to--
``(i) provide technical assistance to
recipients of assistance under this chapter for
purposes of enabling recipients to--
``(I) more effectively and
efficiently provide public
transportation service;
``(II) administer assistance under
this chapter in compliance with Federal
law; and
``(III) improve public
transportation; and'';
(B) in paragraph (2)--
(i) by striking the heading and all that
follows through ``competitive bid process,
may'' and inserting ``through a competitive bid
process,''; and
(ii) by striking ``public-transportation-
related technical assistance under this
subsection'' and inserting ``technical
assistance under subparagraph (A)(i)'';
(C) by redesignating paragraph (2) as subparagraph
(B) of paragraph (1) (and redesignating subparagraphs
(A) through (I) of such paragraph as clauses (i)
through (ix), respectively);
(D) in paragraph (3)(D) by striking ``subsections
(b) and (c)'' and inserting ``this subsection''; and
(E) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively;
(2) by amending subsection (b) to read as follows:
``(b) Transit Workforce Development Center.--
``(1) Establishment.--The Secretary shall establish a
national transit workforce development center and award grants
to a national nonprofit organization for purposes of supporting
the workforce development needs of urban, suburban, Tribal, and
rural public transportation authorities across the United
States.
``(2) Duties.--In cooperation with the Secretary, public
transportation authorities, and labor organizations
representing public transportation workers, the center
established under paragraph (1) shall perform the following
duties:
``(A) Improve access to on-the-job education and
related skills training for frontline transit workers
by serving as a centralized resource that provides
comprehensive and relevant information on--
``(i) transit-related education, pathway
programs, and professional development
opportunities; or
``(ii) transit-related apprenticeship,
scholarship, internship, and mentorship
programs.
``(B) Develop and maintain a comprehensive
workforce strategy to help coordinate workforce
development initiatives for the frontline transit
workforce, including by--
``(i) serving as a repository for research
conducted by institutions of higher education,
research institutions, or other stakeholders
regarding the transit workforce and related
technical and skill development;
``(ii) providing a forum to support
collaboration and cooperation between
governmental, nongovernmental, and private
public transportation sector stakeholders
regarding the advancement of the frontline
transit workforce;
``(iii) providing instructors with the
necessary instructional, leadership, and
communication skills to better educate
frontline transit workers;
``(iv) supporting personnel or veterans of
the Armed Forces seeking to transition to a
career in public transportation; and
``(v) promoting the recruitment, retention,
job readiness and preparation of a skilled
frontline workforce capable of working with new
and emerging technologies that serve transit
communities.
``(C) Conduct and implement technical assistance
activities that promote more effective and efficient
training of frontline workers involved in public
transportation maintenance and operations.
``(D) Build awareness of youth-oriented programs
and other robust outreach programs, including for
primary, secondary, and post-secondary school students
to enable such students to learn about public
transportation occupations.
``(3) Duty to maintain tax-exempt status.--The center
established in paragraph (1) shall be operated in a manner and
for purposes that qualify the center for exemption from
taxation under the Internal Revenue Code as an organization
described in section 501(c)(3) of such Code.
``(4) Political activities.--The center established in
paragraph (1)--
``(A) shall be nonpolitical and may not provide
financial aid or assistance to, or otherwise contribute
to or promote the candidacy of, any individual seeking
elective public office or political party; and
``(B) may not engage in activities that are,
directly, or indirectly, intended to be or likely to be
perceived as advocating or influencing the legislative
process.'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``, as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), in order''; and
(B) in paragraph (4)(A) by inserting ``5308,
5311,'' after ``sections 5307,''; and
(4) by adding at the end the following:
``(d) Allocation of Funds.--Of the funds made available for each
fiscal year under section 5338(a)(2)(F) to carry out this section--
``(1) 28.57 percent shall be made available to carry out
subsection (a); and
``(2) 71.43 percent shall be split equally and be made
available to carry out each of subsections (b) and (c).
``(e) Definitions.--In this section:
``(1) Armed forces.--The term `armed forces' has the
meaning given such term in section 101 of title 10.
``(2) High school; secondary school.--The terms `high
school' and `secondary school' have the meanings given such
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
``(4) Postsecondary vocational institution.--The term
`postsecondary vocational institution' has the meaning given
such term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).''.
SEC. 3011. BUS TESTING FACILITY.
(a) In General.--Section 5318 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking the period at the end and inserting
``; and'';
(B) by striking ``facility for'' and inserting
``facility for--''
(C) by striking ``testing'' and inserting ``(1)
testing''; and
(D) by adding at the end the following new
paragraph:
``(2) in the case that a bus model is equipped with an
automated driving system (as defined in section 31132), testing
for the competencies described under section
31140(b)(1)(B)(x).'';
(2) in subsection (d)--
(A) by striking ``80 percent'' and inserting ``60
percent''; and
(B) by striking ``20 percent'' and inserting ``40
percent'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``described in this section''
after ``model''; and
(ii) in subparagraph (A), by striking
``authorized under subsection (a)'' and
inserting ``maintained under subsection (a) or
authorized for testing pursuant to subsection
(g)''; and
(B) by amending paragraph (2) to read as follows:
``(2) Bus test `pass/fail' standard.--
``(A) In general.--The Secretary shall--
``(i) maintain the performance standards
under paragraph (1)(B)(i) that includes--
``(I) a bus model scoring system
that results in a weighted, aggregate
score that uses the testing categories
under subsection (a); and
``(II) consideration of the
relative importance of each such
testing category; and
``(ii) establish a `pass/fail' standard
that uses the aggregate score described in
clause (i)(I).
``(B) Limitation on use of funds.--
``(i) New bus models.--Amounts appropriated
or otherwise made available under this chapter
may be obligated or expended to acquire a new
bus model only if such model has received a
passing score under the standard established
under subparagraph (A)(ii).
``(ii) Rule of interpretation.--Such a
passing score shall not be interpreted by any
person or entity as a warranty or guarantee
that a new bus model meet any specific
requirement of a purchaser.
``(C) Scoring system.--The Secretary shall
collaborate with the bus testing facility maintained
under subsection (a), bus manufacturers, and transit
agencies to develop and update, as appropriate, the bus
model scoring system described in subparagraph
(A)(i)(I).''; and
(4) by adding at the end the following:
``(g) Advanced Bus Technologies and Testing.--
``(1) In general.--The Secretary may, through the facility
maintained under subsection (a), subcontract the testing of new
bus models equipped with advanced bus technologies, including
new bus models equipped with automated driving systems, for
each of the testing categories and competencies listed under
subsection (a) to a person or entity experienced in testing
such new bus models, provided such person or entity is not a
manufacturer of a new bus model equipped with such advanced bus
technologies.
``(2) Location of testing.--The testing described in
paragraph (1) may be conducted at a facility other than the
facility maintained under subsection (a) if the Secretary has
determined that the facility maintained under subsection (a)--
``(A) is not equipped to test such new bus models;
``(B) does not have the knowledge or expertise to
properly and efficiently test such new bus models; or
``(C) would, due to the additional testing of such
new bus models, experience unreasonable delays in the
testing of bus models that are not equipped with
advanced bus technologies.
``(3) Savings clause.--In carrying out this subsection, the
Secretary shall ensure that the testing of bus models without
advanced bus technologies under this section is not adversely
affected.''.
(b) Rulemaking.--Not later than 36 months after the date of
enactment of this Act, the Secretary shall update part 665 of title 49,
Code of Federal Regulations, as necessary, to implement the amendments
made by this section.
SEC. 3012. CRIME PREVENTION AND SECURITY.
Section 5321 of title 49, United States Code, is amended to read as
follows:
``Sec. 5321. Crime prevention and security
``(a) Eligible Expense.--For purposes of expending financial
assistance described under section 5307(c)(1)(J), the following
activities and projects shall be considered by the Secretary to be an
eligible expense:
``(1) A project to increase lighting in or adjacent to a
public transportation system, including the intercity bus
portion of a federally funded public transportation facility
and joint-use facility (including bus stops, subway stations,
parking lots, and garages).
``(2) A project to increase camera surveillance of an area
in or adjacent to such system.
``(3) A project that provides an emergency telephone line
to contact law enforcement or security personnel in an area in
or adjacent to such system.
``(4) A project to improve farebox infrastructure across
such system.
``(5) A project to improve the cybersecurity of such
system.
``(6) A project to improve technology, including any
hardware or software investments designed to combat or report
crime or improve security.
``(7) A project intended to increase the security and
safety of an existing or planned public transportation system.
``(8) A project, including a project for operating costs
notwithstanding section 5307(a)(1)(D), related to--
``(A) fare enforcement and the prevention of fare
evasion;
``(B) hiring transit officers to police on public
transportation and transit stations, including in the
immediate vicinity of such stations;
``(C) contracting with local police departments to
increase officer presence on public transportation
systems and related facilities, including in the
immediate vicinity of stations;
``(D) hiring transit support specialists; or
``(E) other activities to reduce criminal
activities on public transportation systems, including
intercity bus portions of federally funded public
transportation facilities and joint-use facilities.
``(b) Special Rule.--Not more than the lesser of the following
amounts may be expended by a recipient under section 5307(c)(1)(J) for
eligible expenses described in subsection (a)(8):
``(1) An amount equal to the amount expended for eligible
expenses described in paragraphs (1) through (7) of subsection
(a).
``(2) 1.5 percent of the amount the recipient receives for
each fiscal year under section 5336.
``(c) Transit Support Specialist Defined.--In this section, the
term `transit support specialist' means an individual who may be a non-
sworn officer and is adequately trained to carry out a variety of
duties designed to improve the security of public transportation
systems through the known presence of such individual within a public
transportation system, including physical presence aboard vehicles, and
through engagement with the public.
``(d) Rule of Construction.--Nothing in this chapter shall be
construed by the Secretary to prevent the financing of a project
described in subsection (a) in any case in which a local governmental
authority other than the recipient has law enforcement
responsibilities.
``(e) Mandatory Fare Evasion Penalties.--
``(1) In general.--Beginning with fiscal year 2028, the
Secretary shall withhold 10 percent of the assistance available
to a direct recipient, as allocated in a split letter or other
similar determination of the annual apportionment of funds by a
designated recipient under section 5307 for an urbanized area,
in each fiscal year in which a State or local government is not
in compliance with paragraph (2).
``(2) State or local government compliance.--A State or
local government is not in compliance with this paragraph if
the act of evading a fare payment for public transportation
services on any mode of public transportation in the urbanized
area for which a direct recipient receives assistance described
under paragraph (1) is not either a criminal or civil offense
under the laws of such State or local government.
``(3) Public transportation services in multiple
jurisdictions.--In any case in which a direct recipient
provides public transportation services to more than 1 State or
jurisdiction of a local government, the Secretary shall ensure
that the withholding of funds under paragraph (1) does not
adversely affect any State or local government jurisdiction
that is in compliance with the requirements of paragraph (2).
``(4) Rule of construction.--The Secretary may not withhold
funds under paragraph (1) to any recipient for which all of its
service area is covered by a State or local policy, or a
collection of State or local policies, that is in compliance
with paragraph (2).
``(5) Withholding of funds.--
``(A) In general.--If the Secretary determines a
State or local government comes into compliance with
paragraph (2) in a fiscal year in which funds are
withheld to a direct recipient under paragraph (1), the
Secretary shall make the amount withheld available for
apportionment to the direct recipient.
``(B) Lapse.--Any amounts withheld to a direct
recipient under paragraph (1) and not restored under
subparagraph (A) in a fiscal year shall lapse.''.
SEC. 3013. GENERAL PROVISIONS.
(a) In General.--Section 5323 of title 49, United States Code, is
amended--
(1) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) in the subparagraph heading by
inserting ``; notice of determination'' after
``Investigations'';
(ii) by striking ``On receiving a complaint
about a violation of the agreement required
under'' and inserting ``Not later than 120 days
after the receipt of any complaint of a
violation of an agreement described in'';
(iii) by striking ``shall investigate and
decide whether a violation has occurred.'' and
inserting ``shall--
``(i) investigate such complaint; and
``(ii) provide, in writing, to the
individual that filed the complaint and the
recipient of financial assistance alleged to
have violated such an agreement or a regulation
prescribed in accordance with this section, the
determination of the Secretary with respect
to--
``(I) whether the recipient of such
assistance violated this section or a
regulation prescribed in accordance
with this section;
``(II) the facts underlying the
complaint; and
``(III) any action the Secretary is
taking in response to the complaint.'';
(B) in subparagraph (C) by striking ``remedy
specified in the agreement'' and inserting ``action the
Secretary takes to remedy a violation of an agreement
described in paragraph (1)'';
(C) by striking subparagraph (B); and
(D) by redesignating subparagraph (C) as
subparagraph (B);
(2) in subsection (e)(1) by inserting ``5308,'' after
``5307,'';
(3) in subsection (f)--
(A) in the heading by striking ``Schoolbus'' and
inserting ``School Bus''; and
(B) by striking ``schoolbus'' each place it appears
and inserting ``school bus'';
(4) in subsection (i)(1)(A)--
(A) by striking ``acquiring vehicles'' and
inserting ``acquiring vehicles or vessels'';
(B) by striking ``et seq.) or'' and inserting ``et
seq.), with''; and
(C) by striking ``is for 85 percent'' and all that
follows through the period and inserting ``, or as an
eligible project (as defined in section 5339(e)(2))
under section 5339 of this chapter is for 90 percent of
the net project cost.'';
(5) in subsection (j)(3)--
(A) in subparagraph (A) by inserting ``and not
later than 180 days after the date on which an
applicant submits a request to the Secretary to waive
the requirements of paragraph (1)'' after ``paragraph
(2)'';
(B) in subparagraph (B)--
(i) by striking ``Not later than 1 year
after the date of enactment of the Federal
Public Transportation Act of 2012, and annually
thereafter, the'' and inserting the following:
``(i) In general.--Except as otherwise
provided in clause (ii), the'';
(ii) by inserting ``, on an annual basis,''
after ``shall'';
(iii) by striking ``a report listing any
waiver'' and inserting ``a report listing--
``(I) any waiver'';
(iv) by striking the period at the end and
inserting ``; and''; and
(v) by adding at the end the following:
``(II) any extensions of an
application to waive the requirements
described in paragraph (1) and the
rationale as to why a determination
requires additional time consider prior
to issuing a written determination.
``(ii) Exception.--In the event the
Secretary issues fewer than 3 or no waivers
provided for under paragraph (2) during the
preceding year, the Secretary may brief the
Committees described in clause (i) in lieu of
submitting a report under such clause.'';
(C) by redesignating subparagraph (B) as
subparagraph (C); and
(D) by inserting after subparagraph (A) the
following:
``(B) Extension.--If, upon review of the facts and
status of an application to waive the requirements
described in paragraph (1), the Secretary determines
that the time provided to make a written determination
is insufficient, the Secretary may approve an extension
of such determination deadline by not more than 6
months.'';
(6) in subsection (r)--
(A) by striking ``A recipient'' and inserting ``(1)
In general.--A recipient''; and
(B) by striking ``In determining'' and all that
follows through the period at the end and inserting the
following:
``(2) Requirements.--In determining reasonable access under
paragraph (1), a recipient of assistance shall--
``(A) consider capacity requirements of the
recipient of assistance and the extent to which access
would be detrimental to existing public transportation
services; and
``(B) not later than 90 days after receiving a
request for access to such facility from a private
intercity or charter transportation operator--
``(i) provide a written response to the
requestor; and
``(ii) simultaneously provide a copy of
such response to the Secretary.
``(3) Savings clause.--Nothing in this subsection shall be
construed to--
``(A) limit the authority of the Secretary to act
as otherwise authorized by law to ensure proper use of,
and authorize access to, federally funded public
transportation facilities; or
``(B) require a recipient of federal assistance
under this chapter to fund special facilities for
private intercity or charter operators.'';
(7) in subsection (u)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) Definitions.--In this subsection:
``(A) Covered entity.--The term `covered entity'
means an entity (including a corporation, partnership,
association, organization, or other entity)--
``(i) the principal place of business of
which is in a covered nation;
``(ii) that is headquartered in,
incorporated in, or otherwise organized under
the laws of a covered nation;
``(iii) that, regardless of where the
entity is organized or doing business, is owned
or controlled by a covered nation or covered
individual, including circumstances in which a
covered individual possesses the power to
determine, direct, or decide matters affecting
the entity--
``(I) through--
``(aa) the ownership of a
majority of the total
outstanding voting interest in
the entity;
``(bb) board
representation;
``(cc) proxy voting;
``(dd) a special share;
``(ee) contractual
arrangements;
``(ff) formal or informal
arrangements to act in concert;
or
``(gg) other means; and
``(II) regardless of whether the
power is--
``(aa) direct; or
``(bb) exercised or
unexercised;
``(iv) is owned or controlled by a
subsidiary or affiliate of an entity described
in clause (i), (ii), or (iii), or that is the
majority owner of a joint venture with an
entity described in clause (i), (ii), or (iii);
``(v) is a manufacturer from which the
procurement of rolling stock was ever
prohibited under this subsection; or
``(vi) is an owner of, successor of,
subsidiary of, or affiliate of a manufacturer
described in clause (v), or is the majority
owner of a joint venture with such a
manufacturer.
``(B) Covered funding.--The term `covered funding'
means any financial assistance administered in
accordance with the requirements of this chapter.
``(C) Covered individual.--The term `covered
individual' means any individual, wherever located--
``(i) whose activities are directly or
supervised, directed, controlled, financed, or
subsidized, in whole or in majority part, by a
covered nation or covered entity;
``(ii) who acts as an agent,
representative, or employee of a covered nation
or an individual described in clause (i);
``(iii) who acts in any other capacity at
the order of, at the request of, or under the
direction or control of a covered nation or an
individual described in clause (i); or
``(iv) who--
``(I) is a citizen or resident of a
covered nation or a country controlled
by a covered nation; and
``(II) is not a citizen or
permanent resident of the United
States.
``(D) Covered nation.--The term `covered nation'
has the meaning given the term in section 4872(d) of
title 10.
``(E) Covered vehicle.--The term `covered vehicle'
means rolling stock that--
``(i) is produced or provided by a covered
entity included on the list developed under
paragraph (2)(B); or
``(ii) incorporates an electric power train
manufactured or provided by a covered entity
included on the list developed under paragraph
(2)(B).
``(F) Electric power train.--The term `electric
power train' has the meaning given the term in section
571.305 of title 49, Code of Federal Regulations (as in
effect on the date of enactment of the BUILD America
250 Act).
``(2) Prohibition.--
``(A) In general.--Subject to subparagraph (C), on
and after the date of enactment of the BUILD America
250 Act, the Secretary may not award or obligate
covered funding--
``(i) for a contract or subcontract for the
procurement of a covered vehicle; or
``(ii) for the construction, installation,
or maintenance of infrastructure to fuel or
charge a covered vehicle that is a bus, if the
applicable covered vehicle is procured under a
contract or subcontract executed on or after
the date of enactment of the BUILD America 250
Act.
``(B) List of covered entities.--
``(i) In general.--Not later than 30 days
after the date of enactment of the BUILD
America 250 Act, the United States Trade
Representative, in consultation with the
Attorney General and the Secretary, shall make
publicly available, including on a publicly
accessible website, a list of covered entities
that produce or provide--
``(I) rolling stock to which the
prohibition under subparagraph (A)
applies; or
``(II) electric power trains the
incorporation of which into rolling
stock would render the rolling stock
subject to the prohibition under
subparagraph (A).
``(ii) Updates.--The United States Trade
Representative shall update the list required
under clause (i)--
``(I) based on information provided
to the United States Trade
Representative by the Attorney General
and the Secretary; and
``(II) not less frequently than--
``(aa) once every 90 days
during the 180-day period
beginning on the date of
initial publication of the list
under such clause; and
``(bb) annually thereafter.
``(C) Exception.--Notwithstanding subparagraph (A),
the Secretary may procure a covered vehicle or
construct, install, or maintain infrastructure to fuel
or charge a covered vehicle for purposes of--
``(i) the inspection or investigation of a
motor vehicle or equipment; or
``(ii) motor vehicle safety research,
development, or testing.'';
(B) in paragraph (4) by striking ``paragraph (1)''
each place it appears and inserting ``paragraph (2)'';
(C) in paragraph (5)--
(i) in subparagraph (A)--
(I) by striking ``This subsection,
including the'' and inserting ``The'';
(II) by striking ``(4),'' and
inserting ``(4)'';
(III) by inserting ``that does not
utilize covered funds'' after
``subcontract'';
(IV) by striking ``rail rolling
stock manufacturer described in
paragraph (1)'' and inserting ``covered
entity'';
(V) by striking ``the
manufacturer'' and inserting ``the
covered entity''; and
(VI) by striking ``date of
enactment of this subsection'' and
inserting ``date of enactment of the
BUILD America 250 Act'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Contract completion.--Notwithstanding
paragraph (2), covered funds may be obligated for a
contract or subcontract that was eligible for
assistance under this chapter under the provisions of
this subsection prior to the date of enactment of the
BUILD America 250 Act until the delivery of rolling
stock is complete under such contract and throughout
the completion of all contract warranties under such
contract.''; and
(iii) by striking subparagraph (C); and
(D) by adding at the end the following:
``(6) Severability.--If any provision of this subsection,
or the application of this subsection to any person or
circumstance, is held to be unconstitutional or otherwise
invalid, the remainder of this subsection, and the application
of the provision to any other person or circumstance, shall not
be affected.''; and
(8) by adding at the end the following:
``(w) Bus Procurement Assessment and Maximum Federal Payment.--
``(1) In general.--The Secretary shall--
``(A) immediately upon enactment of this subsection
and at least once every 5 years thereafter, carry out a
review of--
``(i) all applicable Federal laws and
policies relating to the procurement of bus
rolling stock by a recipient of Federal
assistance under this chapter, including
policies, processes, and procedures relating to
such procurement set forth by the Federal
Transit Administration; and
``(ii) relevant awards to recipients of
such assistance that resulted in completed
procurement of bus rolling stock for use in
public transportation within the most recent 5
years, including a comparative analysis of
vehicle components, designs, use of performance
specifications in contracting, use of State and
local purchasing schedules, and total costs
associated with the procurement of such
vehicles;
``(B) update, as necessary, policies, processes,
procedures, administrative guidance, and best practices
of the Secretary to ensure the timely, cost-effective,
and efficient procurement of bus rolling stock by a
recipient of such assistance; and
``(C) beginning in fiscal year 2029, and on an
annual basis thereafter, publish a schedule listing the
maximum amounts of Federal funds that may be used by a
recipient, on a per unit basis and notwithstanding the
applicable Federal cost share, to procure different
combinations of propulsion types and lengths of bus
rolling stock, as such amounts are determined under
paragraph (2).
``(2) Maximum federal payment amount.--
``(A) In general.--Each maximum federal payment
amount published by the Secretary in accordance with
paragraph (1)(C) and allowed to be used in the
procurement of bus rolling stock by a recipient of
Federal assistance shall--
``(i) account for all applicable Federal
procurement laws and administrative policies;
``(ii) not be construed to constrain the
price of such bus rolling stock that a
recipient of federal assistance may procure
using non-Federal funds; and
``(iii) ensure the procurement of safe and
reliable bus rolling stock for use in public
transportation.
``(B) Maximum federal payment formula.--For each
unique combination of vehicle length and propulsion
type for which bus rolling stock is commercially
available, the maximum federal payment shall equal an
amount according to the following formulas:
``(i) Fiscal year 2029.--For fiscal year
2029, the maximum Federal payment amount shall
equal the average of all of the products of 80
percent multiplied by the price of each
procurement for a bus rolling stock combination
of similar propulsion type and vehicle length
procured within the most recent 5 years.
``(ii) Fiscal year 2030.--For fiscal year
2030, the maximum Federal payment amount shall
equal the average of all of the products of 75
percent multiplied by the price of each
procurement for a bus rolling stock combination
of similar propulsion type and vehicle length
procured within the most recent 5 years.
``(iii) Fiscal year 2031.--For fiscal year
2031 and in each fiscal year thereafter, the
maximum Federal payment amount shall equal the
average of all of the products of 70 percent
multiplied by the price of each procurement for
a bus rolling stock combination of similar
propulsion type and vehicle length procured
within the most recent 5 years.
``(3) Special rules for maximum federal payment schedule.--
``(A) Publish date.--The schedule described in
paragraph (1)(C) shall be published not later than
October 1 of each year in which the maximum Federal
payment amount is in effect pursuant to the formulas in
paragraph (2)(B).
``(B) Requirement.--The schedule described in
paragraph (1)(C) shall include a maximum Federal
payment amount for each unique combination of
propulsion type and vehicle length for which bus
rolling stock is commercially available.
``(C) Failure to publish.--In the event the
Secretary fails to publish the schedule described in
paragraph (1)(C) by the date provided under
subparagraph (A), the most recently published schedule
shall remain in effect, adjusted for inflation based on
the Producer Price Index prepared by the Department of
Labor.
``(D) Failure to publish all commercially available
combinations.--A schedule that omits a maximum Federal
payment amount for any combination of propulsion type
and vehicle length of bus rolling stock that is
commercially available shall be considered incomplete
and subject to paragraph (C).
``(4) Savings clause.--Nothing in this subsection shall
limit the authority of the Secretary to apply the applicable
Federal cost share for an award made under this chapter as such
cost share applies to an award for purposes of procuring or
purchasing bus rolling stock.
``(5) Report to congress.--The Secretary shall issue a
report to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the results of each
review required under paragraph (1)(A).
``(6) State purchasing schedule.--
``(A) In general.--Notwithstanding paragraph
(1)(C), the Secretary shall exempt a recipient of
financial assistance under this chapter from being
subject to the maximum Federal payment amount relating
to the procurement of a unit of bus rolling stock if--
``(i) the recipient of such assistance--
``(I) procures a unit or more of
bus rolling stock using a State
Cooperative Procurement Schedule
pursuant to section 3019 of the FAST
Act (Public Law 114-94); and
``(II) such cooperative procurement
schedule ensures the procurement
complies with applicable Federal
procurement laws and administrative
policies, including subsections (j) and
(u) of this section; and
``(ii) the cooperative procurement schedule
described in clause (i)--
``(I) allows a recipient to select
from a State-developed schedule of
standardized vehicle models;
``(II) reduces or eliminates
vehicle customization options for the
recipient, except for vehicle
modifications based on performance
specifications (as defined under
section 5325(f)(3)); and
``(III) in the estimation of the
recipient, reduces the per unit cost of
bus rolling stock for the combination
of propulsion type and vehicle length
being procured below what such
recipient would otherwise expect to pay
through a standalone procurement.
``(B) Technical assistance.--The Secretary shall
provide technical assistance to a State that seeks to
develop a State Cooperative Procurement Schedule
pursuant to section 3019 of the FAST Act (Public Law
114-94).
``(C) Joint procurement clearinghouse.--The
Secretary shall maintain an updated list of State
Cooperative Procurement Schedules that comply with the
requirements under subparagraph (A) on the joint
procurement clearinghouse established pursuant to
section 3019(b)(4) of the FAST Act (Public Law 114-94).
``(x) Advanced Payments for Bus Rolling Stock.--
``(1) In general.--Notwithstanding any provision of this
chapter or part 200 of title 2, Code of Federal Regulations, or
any successor regulation, a recipient may use assistance made
available under this chapter to make an advance payment on a
bus rolling stock vehicle without the transit vehicle
manufacturer obtaining a performance bond or similar financial
arrangement.
``(2) Requirements for advanced payment.--A recipient may
make an advance payment under paragraph (1) only if--
``(A) such recipient has a signed purchase order
and executed contract with a transit vehicle
manufacturer that includes advance payment provisions;
``(B) the grant with respect to which such payment
is being made has received preaward authority pursuant
to subsection (m); and
``(C) in the case of an advance payment for bus
rolling stock, such model meets the requirements of
section 5318(e).
``(3) Limitation on advanced payment.--A recipient may not
make an advanced payment under paragraph (1) that is more than
20 percent of the total purchase order value.''.
(b) Reasonable Access Standard.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish and make
publicly available a reasonable access standard to ensure
recipients of assistance under chapter 53 of title 49, United
States Code, comply with the requirements of section 5323 of
such chapter.
(2) Consultation.--In carrying out this subsection, the
Secretary shall consult with, and solicit feedback from,
industry stakeholders and recipients of such assistance,
including representatives from--
(A) public transportation agencies;
(B) private intercity bus operators;
(C) charter operators;
(D) federally funded public transportation
facilities; and
(E) other stakeholders the Secretary considers
appropriate.
(3) Briefing.--Not later than 90 days after publishing the
standard required by this subsection, the Secretary shall brief
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on the contents of such standard.
SEC. 3014. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
Section 5324 of title 49, United States Code, is amended--
(1) in subsection (c)(1) by striking ``to carry'' and
inserting ``or otherwise made available to carry''; and
(2) by adding at the end the following:
``(g) Period of Availability.--
``(1) In general.--Any amounts made available to an
applicant after the date of enactment of the BUILD America 250
Act to carry out a project under this section--
``(A) shall remain available for not more than 5
fiscal years after the fiscal year for which the amount
is made available; and
``(B) that remain unobligated at the end of the
period described in subparagraph (A) shall be recouped
by the Secretary to remain available for future
applicants.
``(2) Extension.--The Secretary may extend the period of
availability under paragraph (1)(A) if an insurance claim made
by an applicant related to a project that has received funding
under this section has not been settled within the period
provided under paragraph (1)(A).''.
SEC. 3015. CONTRACT REQUIREMENTS.
Section 5325(f) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) of paragraph
(1) as clauses (i) and (ii), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``A recipient'' and inserting ``(1) In
general.--A recipient''; and
(4) by adding at the end the following:
``(2) Performance specifications in competitive procurement
for bus rolling stock.--A recipient of financial assistance
under this chapter that enters into a contract pursuant to
paragraph (1)(B) for purposes of procuring bus rolling stock
shall, to the maximum extent practicable, utilize performance
specifications in the procurement process to acquire bus
rolling stock.
``(3) Performance specifications defined.--In this
subsection, the term `performance specifications'--
``(A) means specifications--
``(i) based on the function and performance
of bus rolling stock under specified
conditions, and such specifications may include
useful life, reliability in terms of average
intervals between failure, and capacity; and
``(ii) that comply with the procurement
process referenced in paragraph (1)(B); and
``(B) may include additional criteria as the
criteria described in subparagraph (A), as determined
by a recipient of Federal assistance in a competitive
procurement process.''.
SEC. 3016. TRANSIT ASSET MANAGEMENT.
(a) In General.--Section 5326 of title 49, United States Code, is
amended to read as follows:
``Sec. 5326. Transit asset management
``(a) In General.--The Secretary shall maintain--
``(1) a national transit asset management system for
purposes of monitoring and managing public transportation
capital assets to enhance safety, reduce maintenance costs,
increase reliability, and improve performance of public
transportation systems; and
``(2) objective standards for measuring the condition of
capital assets of recipients, including equipment, rolling
stock, infrastructure, and facilities, for purposes of
determining state of good repair.
``(b) Requirements.--In carrying out subsection (a), the Secretary
shall require a transit provider to--
``(1) develop a transit asset management plan;
``(2) not less frequently than once per fiscal year in
which the transit provider receives Federal assistance--
``(A) establish performance targets with respect to
the state of good repair standards prescribed by the
Secretary under part 625 of title 49, Code of Federal
Regulations (or any successor regulation);
``(B) submit to the Secretary a data report that
details--
``(i) condition information for all assets
of the public transportation system of such
provider; and
``(ii) the performance targets established
pursuant to subparagraph (A) for the subsequent
fiscal year; and
``(C) submit to the Secretary a narrative report
that--
``(i) describes any change in the condition
of the public transportation system from the
year immediately preceding the year for which
the report is submitted; and
``(ii) describes the progress made during
the period covered by the report toward meeting
each performance target established by the
transit provider pursuant to subparagraph (B)
with respect to such period; and
``(3) report any additional information the Secretary
determines appropriate to demonstrate compliance with the state
of good repair standards prescribed by the Secretary under part
625 of title 49, Code of Federal Regulations (or any successor
regulation).
``(c) Transit Asset Management for Certain Transit Providers.--For
purposes of complying with the requirements under subsection (b), a
tier II provider may, at the discretion of the Secretary, coordinate
with a sponsor.
``(d) Support Tools and Technical Assistance.--In carrying out this
section, the Secretary shall--
``(1) develop an analytical process or decision support
tool for use by a transit provider subject to the requirements
of subsection (b) that--
``(A) aids in estimating the amount of capital
investment needed for a public transportation system
over time;
``(B) assists with asset investment prioritization
within a public transportation system; and
``(C) enables continuous monitoring of capital
assets and the real-time performance of such assets;
``(2) provide technical assistance to such providers; and
``(3) maintain, and periodically update, a transit asset
management system guide to foster consistency in transit system
asset management practices by such providers.
``(e) Definitions.--In this section:
``(1) Sponsor.--The term `sponsor' means a State, a
designated recipient, or a direct recipient that develops a
group transportation asset management plan on behalf of at
least 1 tier II provider.
``(2) Tier ii provider.--The term `tier II provider' has
the meaning prescribed by part 625.5 of title 49, Code of
Federal Regulations, or any successor regulation.
``(3) Transit asset management system.--The term `transit
asset management system' means a strategic and systematic
process of operating, maintaining, and improving public
transportation capital assets effectively throughout the life
cycle of such assets.
``(4) Transit provider.--The term `transit provider' means
a recipient or subrecipient of Federal financial assistance
under this chapter that owns, operates, or manages capital
assets used in providing public transportation.''.
(b) Savings Clause.--The amendments made by this section to section
5326 of title 49, United States Code, shall not be construed by the
Secretary to--
(1) require any updates to the regulations promulgated in
part 625 of title 49, Code of Federal Regulations, (or any
successor regulation) for purposes of administering such
section, as amended; and
(2) impose any requirements on a tier II provider (as such
term is prescribed by part 625.5 of title 49, Code of Federal
Regulations, or any successor regulation) that is in addition
to the requirements imposed on such a provider under such part,
as of the date of enactment of this Act.
SEC. 3017. PROJECT MANAGEMENT OVERSIGHT.
Section 5327 of title 49, United States Code, is amended--
(1) in subsection (a)(12) by striking ``quarterly'' and
inserting ``annually''; and
(2) in subsection (d)--
(A) in paragraph (1) by striking ``section
5338(f)'' and all that follows through the semicolon
and inserting ``section 5338(c) that excludes--
``(A) a project to maintain or rehabilitate a
vehicle; or
``(B) a project with an estimated total cost of
less than $1,000,000,000 except if the Secretary
determines project management oversight will benefit
the Federal Government or the recipient;''; and
(B) by striking ``quarterly'' in each place it
appears and inserting ``annual''.
SEC. 3018. PUBLIC TRANSPORTATION SAFETY PROGRAM.
(a) In General.--Section 5329 of title 49, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Definition of Recipient.--In this section, the term
`recipient' means a State or local governmental authority, or any other
operator of a public transportation system, that receives financial
assistance under this chapter.'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``create and
implement'' and inserting ``maintain'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A) by striking ``include'';
(ii) in subparagraph (A) by inserting
``include'' before ``safety performance
criteria'';
(iii) by striking subparagraph (B) and
inserting the following:
``(B) consider transit asset management plans,
including the state of good repair of capital assets,
as such plans relate to the safety performance of
public transportation systems;'';
(iv) in subparagraph (C) by inserting
``include'' before ``minimum safety
performance'';
(v) in subparagraph (D) by inserting
``provide information sources on'' before
``precautionary and reactive'';
(vi) in subparagraph (E) by inserting
``establish voluntary'' before ``minimum safety
standards to ensure'';
(vii) in subparagraph (F) by striking ``a
public'' and inserting ``provide information
sources on the public''; and
(viii) in subparagraph (G) by striking
``consideration, where appropriate, of'' and
inserting ``encourage, where appropriate,'';
and
(C) in paragraph (3) by striking ``under paragraph
(1) as necessary'' and all that follows through the
period at the end and inserting ``described in
paragraph (1) at least once every 5 years.'';
(3) in subsection (c) by striking ``establish'' and all
that follows through the period at the end and inserting
``maintain a public transportation safety certification
training program and curriculum for--
``(1) Federal and State employees, or other designated
personnel, who conduct safety audits and examinations of public
transportation systems; and
``(2) employees of public transportation agencies directly
responsible for safety oversight.'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``Each recipient or State, as
described in paragraph (3), shall certify that
the recipient or State'' and inserting ``Except
as provided in paragraphs (2) and (3), each
recipient shall certify that such recipient'';
(ii) in subparagraph (B) by striking
``cooperation'' and inserting ``consultation'';
and
(iii) in subparagraph (I)--
(I) by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively;
(II) by striking ``operations to
improve safety by reducing'' and
inserting ``operations to--
``(i) improve workplace safety for
frontline employees by reducing'';
(III) in subclause (II), as so
redesignated, by striking the period
and inserting a semicolon; and
(IV) by adding at the end the
following:
``(ii) improve passenger safety system-
wide, including through a reduction in the
number and rates of assaults and other violent
crimes on transit passengers while onboard
public transportation vehicles and in public
transportation facilities, including intercity
bus portions of such facilities and joint-use
facilities where appropriate; and
``(iii) mitigate fare evasion system-wide,
to the greatest extent practicable.'';
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) PTASP drafting and certification for small public
transportation providers.--A State shall draft and certify an
agency safety plan described in this subsection on behalf of
any small public transportation provider (as defined in part
673.5 of title 49, Code of Federal Regulations) that is in that
State unless such small public transportation provider notifies
the State of intent to draft and certify an agency safety plan
specific to such provider.
``(3) Certain exempt operators.--This subsection shall not
apply to an operator of a public transportation system that--
``(A) only receives Federal financial assistance
under section 5310 or 5311; and
``(B) does not operate a rail fixed guideway public
transportation system.''; and
(C) in paragraph (4)--
(i) by striking ``rolling average of'' and
all that follows through the period at the end
and inserting ``rolling average of--
``(i) the data submitted by the recipient
to the national transit database under section
5335; and
``(ii) any other data related to system
operations and revenues, as such data pertains
to the safety of the transit system, captured
by the recipient.'';
(ii) in subparagraph (B) by striking ``0.75
percent'' and inserting ``1 percent''; and
(iii) in subparagraph (D) by striking
``including modifications to rolling stock and
de-escalation training.'' and inserting
``including modifications to--
``(i) rolling stock;
``(ii) farebox infrastructure; and
``(iii) de-escalation training.'';
(5) in subsection (e)(3) by striking ``In order to obligate
funds apportioned under section 5338 to carry out this chapter,
effective 3 years after the date on which a final rule under
this subsection becomes effective'' and inserting ``For
purposes of obligating Federal assistance pursuant to this
chapter''; and
(6) in subsection (i) by striking ``consult with the'' and
inserting ``obtain the concurrence of the''.
(b) Regulations; Guidance.--Not later than 36 months after the date
of enactment of this Act, the Secretary shall issue or update such
regulations and guidance as may be necessary to implement the
amendments made by this section.
SEC. 3019. ADMINISTRATIVE PROVISIONS.
Section 5334 of title 49, United States Code, is amended in
subsection (h)(4)(B)(ii)(II)(bb) by striking the period at the end and
inserting ``, except the recipient may retain such amounts if the
recipient or a subrecipient certify to the Secretary that the amounts
will be used in a capital project under section 5307, 5308, 5310, or
5311.''.
SEC. 3020. NATIONAL TRANSIT DATABASE.
(a) In General.--Section 5335 of title 49, United States Code, is
amended to read as follows:
``Sec. 5335. National transit database
``(a) In General.--The Secretary shall maintain a reporting system,
using a uniform system of accounts, to help meet the needs of
individual public transportation systems, the Federal Government, State
and local governments, and the public, as such needs relate to having
access to adequate information on which to base public transportation
service planning.
``(b) Information Required.--The reporting system described in
subsection (a) shall--
``(1) use uniform categories to accumulate public
transportation--
``(A) financial information;
``(B) operating information;
``(C) geographic service area coverage information;
and
``(D) asset condition information; and
``(2) contain appropriate information, as determined by the
Secretary, to aid Federal, State, or local governmental
authorities in making a public sector investment decisions.
``(c) Required Reporters.--The Secretary shall subject a recipient
of Federal financial assistance pursuant to sections 5307 and 5311, and
any person receiving benefits directly from such assistance, to the
requirements of this section.
``(d) Data Required To Be Reported.--The Secretary shall, at a
minimum, require a recipient described in subsection (c) to report for
inclusion in the national transit database the following information:
``(1) Information relating to a transit asset inventory or
condition assessment conducted by the recipient.
``(2) Data on assaults on transit workers of the recipient.
``(3) Data on fatalities that result from an impact with a
bus.
``(4) Information relating to a public transportation
system's revenue loss because of fare evasion for each mode.
``(5) Data on assaults and other violent crimes on transit
passengers while onboard public transportation vehicles and in
public transportation facilities.''.
(b) Savings Clause.--The amendment made by this section to section
5335 of title 49, United States Code, shall not be construed by the
Secretary to impose any requirements on reduced reporters, including
voluntary reporters, that are additional to requirements imposed on
such reporters as of the date of enactment of this Act.
SEC. 3021. APPORTIONMENT OF APPROPRIATIONS FOR URBANIZED AREA FORMULA
GRANTS.
(a) In General.--Section 5336 of title 49, United States Code, is
amended--
(1) in the section heading by inserting ``urbanized area''
before ``formula'';
(2) in subsection (a) by striking ``subsection (h)(5)'' and
inserting ``subsection (h)(6)'';
(3) in subsection (b)(2)(E) by striking ``section
5337(c)(3)'' and inserting ``section 5337(b)(3)'';
(4) in subsection (d)(1) by striking ``section
5338(a)(2)(C)'' and inserting ``section 5338(a)(2)(B)'';
(5) in subsection (f) by striking ``section 5311(c)(3)'' in
each place it occurs and inserting ``section 5311(c)(5)'';
(6) in subsection (h)--
(A) in the matter preceding paragraph (1) by
striking ``section 5338(a)(2)(C)'' and inserting
``section 5338(a)(2)(B)'';
(B) in paragraph (1)--
(i) by striking ``$30,000,000'' and
inserting ``$125,000,000''; and
(ii) by striking ``section 5307(h)'' and
inserting ``the competitive passenger ferry
grants in section 5339(d) as such grants relate
to an area described under section
5339(d)(2)(A)'';
(C) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(D) by inserting before paragraph (3), as so
redesignated, the following:
``(2) $400,000,000 shall be set aside each fiscal year to
carry out the all stations accessibility program under section
5307(h)'';'';
(E) in paragraph (4), as so redesignated, by
striking ``3 percent'' and inserting ``5 percent''; and
(F) in paragraph (6), as so redesignated, by
striking ``and (4)'' and inserting ``(4), and (5)'';
(7) in subsection (i)(2)(A) by striking ``subsection
(h)(3)'' and inserting ``subsection (h)(4)'';
(8) in subsection (j) by striking ``subsection (h)(2)'' and
inserting ``subsection (h)(3)''; and
(9) by adding at the end the following:
``(k) All Stations Accessibility Required.--
``(1) In general.--In addition to the amounts required to
be expended under section 5307(c)(1)(K), beginning on October
1, 2028, the Secretary shall, on an annual basis, determine, as
applicable, the amount under paragraph (2) that a direct
recipient shall expend on covered projects from the total
amount made available to the relevant direct recipient pursuant
to the formulas in this section to carry out section 5307.
``(2) Amount for covered projects.--A direct recipient that
allocates assistance made available under section 5307 to an
inaccessible rail fixed guideway public transportation system
that is determined by the Secretary to have, with respect to
all stations or facilities for passenger use that are under the
direct control of the direct recipient--
``(A) 30 percent or fewer of such stations or
facilities that are covered stations or facilities for
passenger use, the direct recipient shall expend 3
percent of the total amount of such assistance made
available to the direct recipient;
``(B) between 31 and 50 percent of such stations or
facilities that are covered stations or facilities for
passenger use, the direct recipient shall expend 4
percent of the total amount of such assistance made
available to the direct recipient; or
``(C) more than 51 percent of such stations or
facilities that are covered stations or facilities for
passenger use, the direct recipient shall expend 5
percent of the total amount of such assistance made
available to the direct recipient.
``(3) Briefing to congress.--Not less frequently than
annually, the Secretary shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on--
``(A) the status and types of covered projects
initiated by direct recipients using amounts determined
under paragraph (2); and
``(B) any other information the Secretary
determines relevant.
``(4) Definitions.--In this subsection:
``(A) Covered project.--The term `covered project'
means a capital project to further meet or exceed the
requirements described in part 37 or part 38 of title
49, Code of Federal Regulations.
``(B) Covered station or facility for passenger
use.--The term `covered station or facility for
passenger use' means a station or facility--
``(i) construction of which began before
January 26, 1992;
``(ii) which the Secretary determines has
not been made accessible to and usable by
persons with disabilities, including
individuals who use wheelchairs; and
``(iii) which is in use for the provision
of a rail fixed guideway public transportation.
``(C) Direct recipient.--The term `direct
recipient' means a public entity that receives funding
directly from the Federal Transit Administration to
carry out grants in urbanized areas pursuant to section
5307, which may include a designated recipient.
``(D) Inaccessible rail fixed guideway public
transportation system.--The term `inaccessible rail
fixed guideway public transportation system' means a
rail fixed guideway public transportation system with
at least 1 covered station or facility for passenger
use.''.
(b) Conforming Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by striking the item relating to section
5336 and inserting the following:
``5336. Apportionment of appropriations for urbanized area formula
grants.''.
SEC. 3022. STATE OF GOOD REPAIR GRANTS.
Section 5337 of title 49, United States Code, is amended--
(1) by striking subsection (a);
(2) in subsection (b)(1)--
(A) by striking ``The Secretary'' and inserting
``For purposes of ensuring the safety of public
transportation systems, the Secretary''; and
(B) by striking ``to maintain public transportation
systems'' and inserting ``to maintain such public
transportation systems'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``authorized or'';
and
(B) in paragraph (4) to read as follows:
``(4) Limitation.--The share of the total amount
apportioned under this subsection that is apportioned to an
area under this subsection shall not decrease by more than 0.25
percentage points compared to the share apportioned to the area
under this subsection in the previous fiscal year.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``authorized or'';
and
(B) in paragraph (5) by striking ``subsection
(b)(1)'' and inserting ``subsection (a)(1)'';
(5) by striking subsection (f); and
(6) by redesignating subsections (b) through (e), as
amended, as subsections (a) through (d), respectively.
SEC. 3023. AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended to read as
follows:
``Sec. 5338. Authorizations.
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5324, 5334, 5335,
5337, 5339, and 5340--
``(A) $16,868,000,000 for fiscal year 2027;
``(B) $17,205,000,000 for fiscal year 2028;
``(C) $17,527,000,000 for fiscal year 2029;
``(D) $17,835,000,000 for fiscal year 2030; and
``(E) $18,157,000,000 for fiscal year 2031.
``(2) Allocation of funds.--Of the amounts made available
to the Secretary under paragraph (1), the following allocations
apply:
``(A) Planning programs.--To carry out section
5305--
``(i) $222,930,000 for fiscal year 2027, of
which $15,000,000 is to carry out section
5305(i);
``(ii) $225,820,000 for fiscal year 2028,
of which $15,200,000 is to carry out section
5305(i);
``(iii) $228,760,000 for fiscal year 2029,
of which $15,400,000 is to carry out section
5305(i);
``(iv) $231,730,000 for fiscal year 2030,
of which $15,600,000 is to carry out section
5305(i); and
``(v) $234,750,000 for fiscal year 2031, of
which $15,800,000 is to carry out section
5305(i).
``(B) Urbanized area grants.--To carry out, in
accordance with the formulas set for forth in section
5336, section 5307--
``(i) $7,745,474,000 for fiscal year 2027;
``(ii) $7,869,922,000 for fiscal year 2028;
``(iii) $7,996,361,000 for fiscal year
2029;
``(iv) $8,124,823,000 for fiscal year 2030;
and
``(v) $8,255,340,000 for fiscal year 2031.
``(C) Grants for enhanced mobility of seniors and
individuals with disabilities.--To carry out section
5310--
``(i) $447,300,000 for fiscal year 2027, of
which $10,000,000 is to carry out section
5310(j);
``(ii) $453,100,000 for fiscal year 2028,
of which $10,100,000 is to carry out section
5310(j);
``(iii) $459,000,000 for fiscal year 2029,
of which $10,200,000 is to carry out section
5310(j);
``(iv) $465,000,000 for fiscal year 2030,
of which $10,300,000 is to carry out section
5310(j); and
``(v) $471,000,000 for fiscal year 2031, of
which $10,400,000 is to carry out section
5310(j).
``(D) Rural area grants.--To carry out section
5311--
``(i) $1,007,622,000 for fiscal year 2027;
``(ii) $1,023,742,000 for fiscal year 2028;
``(iii) $1,040,122,000 for fiscal year
2029;
``(iv) $1,056,764,000 for fiscal year 2030;
and
``(v) $1,073,672,000 for fiscal year 2031.
``(E) Public transportation innovation.--To carry
out section 5312--
``(i) $45,240,000 for fiscal year 2027, of
which--
``(I) $5,000,000 to carry out
section 5312(h); and
``(II) $7,371,000 to carry out
section 5312(i);
``(ii) $45,960,000 for fiscal year 2028, of
which--
``(I) $4,000,000 to carry out
section 5312(h); and
``(II) $7,489,000 to carry out
section 5312(i);
``(iii) $46,700,000 for fiscal year 2029,
of which--
``(I) $3,000,000 to carry out
section 5312(h); and
``(II) $7,609,000 to carry out
section 5312(i);
``(iv) $47,440,000 for fiscal year 2030, of
which--
``(I) $2,000,000 to carry out
section 5312(h); and
``(II) $7,731,000 to carry out
section 5312(i); and
``(v) $48,200,000 for fiscal year 2031, of
which--
``(I) $0 to carry out section
5312(h); and
``(II) $7,854,000 to carry out
section 5312(i).
``(F) Technical assistance and workforce
development.--To carry out section 5314--
``(i) $20,499,000 for fiscal year 2027;
``(ii) $20,806,000 for fiscal year 2028;
``(iii) $21,118,000 for fiscal year 2029;
``(iv) $21,434,000 for fiscal year 2030;
and
``(v) $21,756,000 for fiscal year 2031.
``(G) Bus testing facility.--To carry out section
5318--
``(i) $7,000,000 for fiscal year 2027;
``(ii) $7,105,000 for fiscal year 2028;
``(iii) $7,212,000 for fiscal year 2029;
``(iv) $7,320,000 for fiscal year 2030; and
``(v) $7,430,000 for fiscal year 2031.
``(H) Emergency relief program.--To carry out
section 5324--
``(i) $25,000,000 for fiscal year 2027;
``(ii) $25,000,000 for fiscal year 2028;
``(iii) $25,000,000 for fiscal year 2029;
``(iv) $25,000,000 for fiscal year 2030;
and
``(v) $25,000,000 for fiscal year 2031.
``(I) Administrative expenses.--To carry out
section 5334--
``(i) $132,700,000 for fiscal year 2027;
``(ii) $135,400,000 for fiscal year 2028;
``(iii) $138,100,000 for fiscal year 2029;
``(iv) $140,800,000 for fiscal year 2030;
and
``(v) $143,600,000 for fiscal year 2031.
``(J) National transit database.--To carry out
section 5335--
``(i) $6,235,000 for fiscal year 2027;
``(ii) $6,335,000 for fiscal year 2028;
``(iii) $6,436,000 for fiscal year 2029;
``(iv) $6,539,000 for fiscal year 2030; and
``(v) $6,644,000 for fiscal year 2031.
``(K) State of good repair grants.--To carry out
section 5337--
``(i) $4,640,000,000 for fiscal year 2027;
``(ii) $4,645,000,000 for fiscal year 2028;
``(iii) $4,650,000,000 for fiscal year
2029;
``(iv) $4,655,000,000 for fiscal year 2030;
and
``(v) $4,660,000,000 for fiscal year 2031.
``(L) Grants for buses, bus facilities, and
ferries.--To carry out section 5339 (except subsection
(d))--
``(i) $1,695,000,000 for fiscal year 2027;
``(ii) $1,863,710,000 for fiscal year 2028;
``(iii) $2,014,891,000 for fiscal year
2029;
``(iv) $2,149,550,000 for fiscal year 2030;
and
``(v) $2,295,508,000 for fiscal year 2031.
``(M) Growing states and high density states.--To
carry out section 5340--
``(i) $873,000,000 for fiscal year 2027, of
which--
``(I) $445,230,000 to carry out
section 5340(b); and
``(II) $427,770,000 to carry out
section 5340(c);
``(ii) $883,100,000 for fiscal year 2028,
of which--
``(I) $450,381,000 to carry out
section 5340(b); and
``(II) $432,719,000 to carry out
section 5340(c);
``(iii) $893,300,000 for fiscal year 2029,
of which--
``(I) $455,583,000 to carry out
section 5340(b); and
``(II) $437,717,000 to carry out
section 5340(c);
``(iv) $903,600,000 for fiscal year 2030,
of which--
``(I) $460,836,000 to carry out
section 5340(b); and
``(II) $442,764,000 to carry out
section 5340(c); and
``(v) $914,100,000 for fiscal year 2031, of
which--
``(I) $466,191,000 to carry out
section 5340(b); and
``(II) $447,909,000 to carry out
section 5340(c).
``(b) Capital Investment Grants.--There is authorized to be
appropriated to the Secretary to carry out section 5309 of this title--
``(1) $3,000,000,000 for fiscal year 2027;
``(2) $3,000,000,000 for fiscal year 2028;
``(3) $3,000,000,000 for fiscal year 2029;
``(4) $3,000,000,000 for fiscal year 2030; and
``(5) $3,000,000,000 for fiscal year 2031.
``(c) Oversight.--
``(1) In general.--Of the amounts made available under
subsection (a)(1) to carry out a financial assistance program
or a grant program referenced in subsection (a)(2) for a fiscal
year, the Secretary may use not more than 0.7 percent of such
amounts in such fiscal year to conduct oversight activities for
each respective program, section 5308, and section 5329,
including the activities described in paragraph (3).
``(2) Additional oversight.--
``(A) CIG program.--Of the amount made available
under subsection (b) for a fiscal year, the Secretary
may use not more than 1 percent of such amount in such
fiscal year to conduct oversight activities for the
fixed guideway capital investment grants program,
including activities described in paragraph (3).
``(B) Other.--Of the amounts made available under
section 601(f) of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 122 Stat.
4970), the Secretary may use not more than 1 percent in
a given fiscal year to conduct oversight activities,
including the activities described in paragraph (3).
``(3) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(D) Activities to carry out section 5334.
``(4) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(5) Availability of certain funds.--Funds made available
under paragraph (2) to conduct oversight activities related to
the fixed guideway capital investment grants program shall be
made available to the Secretary before allocating the funds
appropriated to carry out any project under a full funding
grant agreement.
``(d) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of the
Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(e) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
SEC. 3024. GRANTS FOR BUSES, BUS FACILITIES, AND FERRIES.
(a) In General.--Section 5339 of title 49, United States Code, is
amended--
(1) in the section heading by striking ``and bus
facilities'' and inserting ``, bus facilities, and ferries'';
(2) in subsection (a)--
(A) by striking paragraph (1);
(B) in paragraph (2) by striking ``paragraph
(4)(A)'' and inserting ``paragraph (3)(A)'';
(C) in paragraph (4)--
(i) in subparagraph (A) by striking the
heading and inserting ``In general''; and
(ii) in subparagraph (B)--
(I) by striking ``A recipient'' and
inserting ``An eligible recipient'';
and
(II) by striking ``public
agencies'' and inserting ``local
governmental authorities, public
agencies,'';
(D) in paragraph (5)--
(i) in the matter preceding subparagraph
(A) by striking ``under section'' and all that
follows through ``shall be'' and inserting
``under section 5338(a)(2)(L) shall be'';
(ii) in subparagraph (A)--
(I) by striking ``$206,000,000''
and inserting ``$336,000,000''; and
(II) by striking ``to all States''
and all that follows through the period
and inserting ``equally to each
State.''; and
(iii) by striking subparagraph (B) and
inserting the following:
``(B) Distribution of remaining funds.--The
remainder of the funds not otherwise distributed under
subparagraph (A) shall be allocated in the following
manner:
``(i) 62 percent shall be apportioned
pursuant to subparagraph (C).
``(ii) 38 percent shall be distributed by
the Secretary in accordance with subsection
(b).
``(C) Formulas.--Of amounts allocated under
subparagraph (B)(i)--
``(i) 50 percent shall be allocated for use
in urbanized areas pursuant to the formula set
forth in section 5336(c)(1)(A);
``(ii) 30 percent shall be allocated for
use in urbanized areas pursuant to the formula
set forth in section 5336(c)(1)(B);
``(iii) 15 percent shall be allocated for
use in urbanized areas pursuant to the formula
set forth in section 5336(a)(1); and
``(iv) 5 percent shall be allocated for use
in rural areas pursuant to the formula set
forth in section 5311(c)(5).'';
(E) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``(A) transfer
flexibility for national distribution
funds.--''; and
(II) by striking ``paragraph
(5)(A)'' and inserting ``paragraph
(4)(A)''; and
(ii) by striking subparagraph (B);
(F) in paragraph (8)--
(i) by striking ``3 fiscal years'' and
inserting ``5 fiscal years''; and
(ii) by striking ``3-fiscal-year'' and
inserting ``5-fiscal-year'';
(G) by striking paragraph (9);
(H) in paragraph (10)--
(i) in subparagraph (A)--
(I) by striking ``(A) in general.--
''; and
(II) by striking ``; Public Law
114-94''; and
(ii) by striking subparagraph (B);
(I) by redesignating paragraphs (2) through (8), as
amended, as paragraphs (1) through (7), respectively;
(J) by redesignating paragraph (10) as paragraph
(8); and
(K) by adding at the end the following:
``(9) Special rule for territories.--
``(A) In general.--A territory may use amounts
received pursuant to subsection (a)(4)(A) for any
purpose eligible under section 5311 as such purpose
relates to the provision of passenger ferry service,
including the acquisition of a vessel to provide such
ferry service.
``(B) Territory defined.--In this paragraph, the
term `territory' means any of the following territories
of the United States:
``(i) American Samoa.
``(ii) The Commonwealth of the Northern
Mariana Islands.
``(iii) Guam.
``(iv) The United States Virgin Islands.'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``The Secretary'' and
inserting ``Subject to the availability of
funds, the Secretary'';
(ii) by striking ``under this subsection''
and inserting ``on a competitive basis'';
(iii) by striking ``subsection (a)(4)'' and
inserting ``subsection (a)(3)'';
(iv) by striking ``buses and bus facilities
capital projects, including''; and
(v) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) buses and bus facilities capital projects,
including--
``(i) replacing, rehabilitating,
purchasing, or leasing buses or related
equipment; and
``(ii) rehabilitating, purchasing,
constructing, or leasing bus-related
facilities; and
``(B) eligible projects.'';
(B) by striking paragraph (2);
(C) in paragraph (3)--
(i) by inserting ``(A) in general.--''
before ``A State'';
(ii) by inserting ``for a grant described
in paragraph (1)'' before ``on behalf of''; and
(iii) by striking ``The submission of a
statewide application'' and all that follows
through the period at the end and inserting the
following:
``(B) Savings clause.--The submission by a State of
an application under subparagraph (A) shall not
preclude the Secretary from considering any application
submitted by an eligible recipient (as described in
subsection (a)(3)) in an urbanized area of such
State.'';
(D) in paragraph (4)--
(i) in subparagraph (A)--
(I) by inserting ``publicly''
before ``disclose''; and
(II) by striking ``availability in
the Federal Register'' and inserting
``opportunity''; and
(ii) in subparagraph (B)--
(I) by inserting ``publicly
available'' before ``summary''; and
(II) by striking ``in the Federal
Register'';
(E) in paragraph (5)(A) by inserting ``for grants''
before ``under this subsection'';
(F) in paragraph (6)--
(i) in subparagraph (B)--
(I) by striking ``The Government''
and inserting ``Except as provided in
section 5323(i), the Government''; and
(II) by striking ``an eligible
project'' and inserting ``a project'';
and
(ii) by adding at the end the following new
subparagraph:
``(C) Non-federal share.--The non-Federal share of
the cost of a project carried out using a grant under
this subsection may be derived from in-kind
contributions.'';
(G) in paragraph (8) by inserting ``for grants''
before ``under this subsection'';
(H) in paragraph (9)(A) by striking ``eligible'';
(I) in paragraph (10) by striking ``and subsection
(c)'';
(J) in paragraph (11)--
(i) in subparagraph (A)--
(I) by striking ``(A) in general.--
''; and
(II) by striking ``; Public Law
114-94''; and
(ii) by striking subparagraph (B); and
(K) by redesignating paragraphs (3) through (11) as
paragraphs (2) through (10), respectively;
(4) in subsection (c)--
(A) by striking paragraph (2);
(B) in paragraph (3)--
(i) in subparagraph (C)--
(I) in clause (i) by striking ``An
eligible project'' and inserting ``A
project'' ; and
(II) in clause (ii)--
(aa) by striking
``subparagraph'' and inserting
``paragraph''; and
(bb) by striking
``paragraph (7)'' and inserting
``paragraph (5)'';
(ii) by transferring and redesignating
subparagraph (C), as amended, to appear as
subsection (b)(11) (and redesignating clauses
(i) and (ii) of subsection (b)(11), as so
transferred and redesignating, as subparagraphs
(A) and (B), respectively);
(iii) in subparagraph (D) by striking ``or
under subsection (b) for projects'' and
inserting ``for eligible projects''; and
(iv) by transferring and redesignating
subparagraph (D), as amended, to appear as
subsection (b)(12) (and redesignating clauses
(i) through (vi) of subsection (b)(12), as so
transferred and redesignated, as subparagraphs
(A) through (F), respectively);
(C) by striking paragraph (3), as amended;
(D) by striking paragraph (4);
(E) in paragraph (5)--
(i) in the matter preceding subparagraph
(A) by inserting ``shall'' after ``Secretary'';
(ii) in subparagraph (A)--
(I) by striking ``shall consider''
and inserting ``for eligible projects
described in paragraph (1)(B), give
consideration to''; and
(II) by striking ``; and'' and
inserting a period;
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (A) as
subparagraph (B); and
(v) by inserting before subparagraph (B),
as so redesignated, the following new
subparagraph:
``(A) for projects described under paragraph
(1)(A), consider the age and condition of buses, bus
fleets, related equipment, and bus-related facilities;
and'';
(F) by transferring and redesignating paragraph
(5), as amended, to appear as subsection (b)(13);
(G) by striking paragraphs (6) through (8);
(H) by striking the subsection heading and
inserting ``Definitions.--In this section:''; and
(I) in paragraph (1)--
(i) by striking the enumerator and all that
follows through ``In this subsection--'';
(ii) in subparagraph (B) by striking ``in
an eligible area'';
(iii) in subparagraph (E)(ii) by striking
the semicolon and inserting ``; and'';
(iv) by striking subparagraph (F); and
(v) by redesignating--
(I) subparagraph (A) as paragraph
(1);
(II) subparagraph (B), as amended,
as paragraph (2) (and redesignating
clauses (i) through (vii) of paragraph
(2), as so redesignated, as
subparagraphs (A) through (G),
respectively);
(III) subparagraphs (C) and (D) as
paragraphs (3) and (4), respectively;
(IV) subparagraph (E), as amended,
as paragraph (5) (and redesignating
clauses (i) and (ii) of paragraph (5),
as so redesignated, as subparagraphs
(A) and (B), respectively); and
(V) subparagraph (G) as paragraph
(6);
(5) in subsection (d)--
(A) by striking ``(as defined in subsection (c)(1))
or related infrastructure under subsection (b) or (c)''
and inserting ``(as defined in subsection (e)) or
related infrastructure under subsection (b)'';
(B) by striking ``as described in section
5314(b)(2) (including'' and inserting ``, including'';
(C) by striking ``programs)'' and inserting
``programs,''; and
(D) by striking ``subsection (c)(3)(D)'' and
inserting ``subsection (b)(12)'';
(6) by redesignating subsection (c) as subsection (e);
(7) by redesignating subsection (d) as subsection (c); and
(8) by inserting after subsection (c) the following:
``(d) Competitive Passenger Ferry Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to assist designated recipients, States, and local
governmental entities in financing passenger ferry projects as
such projects relate to capital projects to purchase, replace,
or rehabilitate passenger ferries, terminals, and related
facilities and equipment.
``(2) Amounts available.--For purposes of carrying out
paragraph (1)--
``(A) $125,000,000 is made available each fiscal
year pursuant to section 5336(h)(1) for recipients of--
``(i) grants made in urbanized areas; and
``(ii) grants made in areas that are
determined by the Secretary to serve rural and
urbanized areas; and
``(B) $25,000,000 is made available each fiscal
year pursuant to section 5311(c)(1)(D) for recipients
of grants in rural and insular areas.
``(3) Grant requirements.--
``(A) In general.--A grant under this subsection
shall be subject to the requirements of--
``(i) section 5307 for recipients of grants
described in paragraph (2)(A); and
``(ii) section 5311 for recipients of
grants described in paragraph (2)(B).
``(B) Federal share of costs.--Except as otherwise
provided under this chapter, the Federal share of the
cost of a project carried out under this subsection
shall not exceed 80 percent.
``(4) Award period.--An amount made available to an
applicant to carry out a project under this subsection--
``(A) shall remain available for 3 fiscal years
after the fiscal year for which the amount is made
available; and
``(B) that remain unobligated at the end of the
period described in subparagraph (A) shall be recouped
by the Secretary to remain available for future
applicants.
``(5) Limitations.--
``(A) Maximum award amount.--Of the amounts made
available under paragraphs (2)(A) and (2)(B), not more
than 10 percent may be awarded to a single applicant.
``(B) Applicants in certain areas.--An applicant
for an award in an area described under paragraph
(2)(A)(ii) may not compete for amounts made available
to an area referenced in paragraph (2)(B) unless the
project for which the application is made serves solely
rural areas).
``(6) Competitive process.--The Secretary shall--
``(A) not later than 90 days after the date on
which amounts are made available for obligation under
this subsection for a full fiscal year, solicit grant
applications for projects on a competitive basis;
``(B) award a grant under this subsection based on
the solicitation under subparagraph (A) not later than
the earlier of--
``(i) 75 days after the date on which the
solicitation expires; or
``(ii) the end of the fiscal year in which
the Secretary solicited the grant applications,
and
``(C) if insufficient eligible applications are
received for projects in areas referenced in paragraph
(2), the Secretary shall reapportion any remaining
amounts of--
``(i) the amounts described in paragraph
(2)(A) to designated recipients under the
urbanized area formula program in section 5336
in the following fiscal year; and
``(ii) the amounts described in paragraph
(2)(B) to States under section 5311 in the
following fiscal year.
``(7) Required disclosure.--The Secretary shall--
``(A) publicly disclose all metrics and evaluation
procedures to be used in considering grant applications
under this subsection upon issuance of the notice of
funding opportunity; and
``(B) publish a publicly available summary of final
scores for selected projects, metrics, and other
evaluations used in awarding grants under this
subsection.
``(8) Rural set-aside for new ferry service.--Of the
amounts made available for rural and insular areas under
paragraph (2)(B), the Secretary may award not less than 10
percent of such amount for projects to establish passenger
ferry service in rural areas and insular areas, unless the
Secretary does not receive enough qualified applications for
such projects.''.
(b) Clerical Amendment.--The analysis for chapter 53 of title 49,
United States Code, is amended by striking the item relating to section
5339 and inserting the following:
``5339. Grants for buses, bus facilities, and ferries.''.
SEC. 3025. APPORTIONMENTS BASED ON GROWING STATES AND HIGH DENSITY
STATES FORMULA FACTORS.
Section 5340 of title 49, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively;
(3) in subsection (a), as so redesignated, by striking
``section 5338(b)(2)(N)'' and all that follows through the
period at the end and inserting ``section 5338(a)(2)(M) in
accordance with subsections (b) and (c).'';
(4) in subsection (b), as so redesignated, by striking
``subsection (b)(1)'' and inserting ``subsection (a)''; and
(5) in subsection (c), as so redesignated, by striking
``subsection (b)(2)'' and inserting ``subsection (a)''.
Subtitle B--Miscellaneous
SEC. 3101. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Transportation and
Infrastructure of the House of Representations; and
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) Transit agency.--The term ``transit agency'' means an
operator of a public transportation system that is a recipient
of Federal financial assistance under chapter 53 of title 49,
United States Code.
SEC. 3102. PROTECTING BUS OPERATORS FROM RISK OF ASSAULT.
(a) Bus Driver Safety Working Group.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish a
working group (in this section referred to as the ``Working
Group'') to review--
(A) transit bus design and safety standards; and
(B) transit agency practices and protocols relating
to the retrofitting and procurement of transit buses
with workstation barriers to protect operators from the
risk of assault on a transit worker.
(2) Membership.--The Secretary shall appoint a Chair and
members of the Working Group, which shall be comprised of at
least 1 representative from the constituencies of--
(A) transit bus manufacturers, including original
equipment manufacturers;
(B) rural transit agencies;
(C) urban transit agencies;
(D) transit bus workers;
(E) transit bus maintenance technicians;
(F) labor unions representing transit workers; and
(G) other stakeholders the Secretary determines
appropriate.
(3) Duties and recommendations.--The Working Group shall--
(A) evaluate workstation barrier designs, including
factors relating to--
(i) the airflow and ventilation of fully
enclosed workstation barrier designs;
(ii) the development, certification,
testing, manufacturing, installation, and
training associated with various designs of
such barriers;
(iii) the safe egress of operators and
passengers in the event of an emergency;
(iv) the accessibility of workstation areas
for operators with disabilities when such
barriers are installed;
(v) the cost of procuring and installing
various designs of such barriers--
(I) on newly manufactured vehicles;
and
(II) to retrofit existing vehicles;
and
(vi) any other workstation barrier design
factors the Secretary determines appropriate;
(B) solicit feedback and insights from transit
agencies and operators that use or are testing
workstation barriers to mitigate assault on a transit
worker, including transit agencies that have
retrofitted existing vehicles with workstation
barriers;
(C) assess a random sample of safety management
systems required pursuant to part 673 of title 49, Code
of Federal Regulations, and developed by transit
agencies of various sizes, to determine the efficacy of
such systems in successfully identifying the risk of
assault on a transit worker and applying mitigations,
including workstation barrier vehicle retrofits, to
reduce the likelihood and severity of occurrences of
such assault;
(D) review and assess other optional physical
features of transit buses, including television
monitors in the passenger area of the bus that displays
the security monitor feed of such area, to determine
whether such features improve transit worker or
passenger safety;
(E) evaluate the cost, feasibility, and safety
benefits associated with requiring the installation of
workstation barriers on fixed route transit buses less
than 30 feet in length; and
(F) make recommendations to the Secretary on
requiring--
(i) the Secretary to develop performance
specifications, in addition to the
specifications referenced in subsection (b)(1),
for driver workstation barriers installed on
fixed route transit buses 30 feet or more in
length to protect operators from the risk of
assault on a transit worker; and
(ii) as appropriate, transit agencies to
retrofit vehicles in revenue service with
workstation barriers to protect transit bus
operators from such risk.
(4) Reports to congress.--
(A) Working group findings.--Not later than 12
months after the Working Group is established, the
Chair of such group shall submit to the appropriate
committees of Congress a report--
(i) detailing all findings and
recommendations of the Working Group; and
(ii) summarizing any dissenting positions
of individual Working Group members, if
applicable, on the final findings and
recommendations issued by such group.
(B) DOT response.--Not later than 3 months after
the date on which the Chair submits the report under
subparagraph (A), the Secretary shall transmit to the
appropriate committees of Congress the position of the
Administration with regards to each of the
recommendations in such report, including the rationale
for disagreement, if applicable.
(5) Support.--The Secretary shall seek to enter into the
appropriate arrangements with the National Academies to support
the activities of the Working Group.
(b) Bus Operator Safety and Security Requirement.--
(1) In general.--Beginning 2 years after the date of
enactment of this Act, the operator workstation of a newly
manufactured fixed route transit bus which is 30 feet or more
in length and purchased with Federal funds by a recipient of
assistance under chapter 53 of title 49, United States Code,
shall be equipped with a workstation barrier that, at a
minimum--
(A) reaches from the bus floor to the bus ceiling;
(B) is capable of fully enclosing the operator
workstation and preventing the unwanted entry of
unauthorized persons, fluids, and objects into the
workstation; and
(C) does not impede the lines of sight of the
operator from the workstation to the exterior of the
bus.
(2) Policy guidance.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall issue policy
guidance requiring the installation of workstation barriers to
protect operators from the risk of assault on such transit
buses in accordance with the requirement under paragraph (1),
and in doing so, to the extent practicable, take into
consideration the findings and recommendations of the Working
Group under subsection (a)(3)(F).
(3) Updates.--The Secretary may update the guidance
required under this subsection as determined necessary to
protect operators from the risk of such assault.
(c) Definitions.--In this section:
(1) Assault on a transit worker.--The term ``assault on a
transit worker'' has the meaning given such term in section
5302 of title 49, United States Code.
(2) Workstation barrier.--The term ``workstation barrier''
means a physical barrier that separates a transit operator
workstation area from the passenger area on a public
transportation vehicle.
SEC. 3103. SPARE RATIO MODIFICATION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may not issue policy, regulations, or guidance setting a
transit vehicle spare ratio.
(b) Rule of Construction.--Subsection (a) shall not be construed by
the Secretary to--
(1) prohibit a transit agency applying for assistance under
such chapter from providing a justification for the acquisition
of new rolling stock at the time of an award application; or
(2) preclude a transit agency from using Federal
assistance, as applicable, to acquire a reasonable number of
spare vehicles based on the operational needs of such transit
agency.
(c) Deadline.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall update Federal Transit Administration
Circular 5010.1F titled ``Award Management Requirements'' (or any
successor document), and any related circulars, policy, and guidance to
conform with the requirements of this section.
SEC. 3104. SPECIAL RULE FOR CERTAIN TRANSPORTATION SERVICES.
(a) In General.--Solely for purposes of administering part 655 of
title 49, Code of Federal Regulations (or any successor regulation),
the Secretary may not consider a driver for a transportation network
company or a taxicab service to be a covered individual, unless a
recipient that is a contractee of such transportation network company
or taxicab service fails to--
(1) make available to a customer for each ride more than 1
company providing transportation services, including by a
transportation network company, a taxicab service, or a
provider of public transportation; and
(2) provide a written or verbal explanation to the customer
on the differences between the alcohol and controlled
substances testing requirements, as applicable, for drivers of
each company providing transportation services, including
providers of public transportation, made available to the
customer.
(b) Limitation on Transportation Services Provided Under Special
Rule.--A recipient of financial assistance under section 5307, 5308,
5309, or 5311 of title 49, United States Code, that enters into an
agreement with a transportation network company or a taxicab service to
provide transportation services described in subsection (a) shall
ensure that such transportation services solely serve to supplement,
not supplant, fixed route or route-based public transportation provided
by the recipient.
(c) Definitions.--In this section:
(1) Covered individual.--The term ``covered individual''
means--
(A) an employee of a recipient receiving financial
assistance described in section 5331(b) of title 49,
United States Code; and
(B) a contractor of a recipient of financial
assistance under section 5307, 5308, 5309, or 5311 of
such title.
(2) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(3) Taxicab service.--The term ``taxicab service'' has the
meaning given the term in section 13102 of title 49, United
States Code.
(4) Transportation network company.--The term
``transportation network company'' means a corporation,
partnership, sole proprietorship, or other entity that uses a
digital network to connect individuals to drivers for
prearranged transportation services, as defined under
applicable State or local law.
SEC. 3105. INNOVATIVE PROCUREMENT.
(a) In General.--Section 3019 of the FAST Act (49 U.S.C. 5325 note)
is amended--
(1) by inserting ``or local'' before ``government'' each
place it appears;
(2) by striking ``and related equipment'' each place it
appears and inserting ``, rolling stock related equipment, and
any other goods, technologies, or software services'';
(3) in subsection (b)(2) in the paragraph heading by
inserting ``or local government'' before ``cooperative
procurement''; and
(4) in subsection (c) by striking paragraph (5).
(b) Updates.--The Secretary shall update applicable policy,
guidance, and regulations, as necessary, to implement the amendments
made by this section.
SEC. 3106. TRANSIT AWARD MANAGEMENT SYSTEM IMPROVEMENT.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall, to the greatest extent practicable, ensure that the
transit award management system, as it is used by the Federal Transit
Administration to ensure that financial assistance specified in section
5333(b) of title 49, United States Code, complies with the requirements
of such section, notifies only persons and entities affected by the
relevant financial assistance specified in such section.
SEC. 3107. PUBLIC TRANSIT FIRST AID AND EMERGENCY MEDICAL KIT EQUIPMENT
AND TRAINING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall convene a transportation rulemaking
committee, and designate such committee pursuant to section 102(k) of
title 49, United States Code, to review and develop findings and
recommendations relating to whether or not covered recipients should
equip covered public transportation vehicles and public transportation
stations with first aid kits and emergency medical kits.
(b) Membership.--The transportation rulemaking committee convened
under subsection (a) shall consist of members appointed by the
Secretary, including representatives of--
(1) rolling stock manufacturers, including original
equipment manufacturers;
(2) rural transit agencies;
(3) urban transit agencies;
(4) transit workers;
(5) labor unions representing transit workers;
(6) licensed physicians; and
(7) other stakeholders the Secretary determines
appropriate.
(c) Considerations.--The transportation rulemaking committee
convened under subsection (a) shall consider--
(1) the benefits and costs (including the costs of route
diversions and emergency stoppages) of requiring covered public
transportation vehicles and public transportation stations to
be equipped with--
(A) basic first aid kits; and
(B) medications or equipment necessary to be
included in emergency medical kits;
(2) whether the contents of the emergency medical kit
should include, at a minimum, appropriate medications and
equipment that can practicably be administered to address--
(A) the emergency medical needs of children and
pregnant women;
(B) opioid overdose;
(C) anaphylaxis; and
(D) cardiac arrest;
(3) what contents of the emergency medical kits should be
readily available, to the extent practicable, for use by public
transportation operators or the general public without prior
approval by a medical professional;
(4) training requirements, including recurring training,
for frontline employees of public transportation agencies
regarding use of first aid kits and emergency medical kits; and
(5) the storage location of first aid kits and emergency
medical kits on board covered public transportation vehicles
and at public transportation stations.
(d) Report to Congress.--
(1) In general.--Not later than 12 months after the date on
which the rulemaking committee described in subsection (a) is
convened, the Secretary shall submit to the appropriate
committees of Congress a report based on the findings of such
rulemaking committee.
(2) Contents.--The Secretary shall include in the report
required under paragraph (1)--
(A) any findings or recommendations submitted by
the transportation rulemaking committee convened under
subsection (a) to the Secretary;
(B) if applicable, any dissenting positions of
individual representatives of such rulemaking committee
on the findings or recommendations described in
subparagraph (A) and the rationale for each dissenting
position; and
(C) any actions the Secretary intends to initiate,
if necessary, as a result of such findings and
recommendations.
(e) Definitions.--In this section:
(1) Covered public transportation vehicle.--The term
``covered public transportation vehicle'' means rolling stock
used in revenue service by a covered recipient.
(2) Covered recipient.--The term ``covered recipient''
means a public transit agency required to establish a
comprehensive agency safety plan in accordance with section
5329(d) of title 49, United States Code.
SEC. 3108. IMPROVING TRANSPARENCY IN CERTAIN URBANIZED AREAS.
(a) Rationale Required.--
(1) In general.--The Secretary shall require a designated
recipient of financial assistance provided under section 5307,
5310, 5337, or 5339 of title 49, United States Code, to provide
a letter detailing the rationale for the split allocation
amount determined for each direct recipient in an urbanized
area with a population of at least 200,000 individuals, as
determined by the Bureau of the Census, if--
(A) a formula other than the Federal apportionment
formula set forth in section 5336 of such title,
including a modified version of the Federal
apportionment formula, is used by the designated
recipient to suballocate the total apportionment amount
for the relevant urbanized area to each direct
recipient for purposes of carrying out grants under
such section 5307; or
(B) population data other than data published by
the Bureau of the Census is used to suballocate the
total apportionment amount for the relevant urbanized
area to each direct recipient for purposes of carrying
out grants under section 5307.
(2) Failure to provide rationale.--The Secretary may
withhold funds made available to a designated recipient for
grants described in section 5307 of title 49, United States
Code, if such recipient fails to provide a letter detailing the
rationale for the split allocation amounts pursuant to
paragraph (1).
(3) Term of applicability.--A letter of rationale under
this subsection shall be updated not later than 30 days after a
change is made to a split allocation process.
(4) Savings clause.--Solely for purposes of withholding
funds under paragraph (2), the Secretary may not withhold such
funds to a designated recipient that submits a letter of
rationale under this subsection.
(b) Publication of Split Letters.--The Secretary shall publish on
the website of the Federal Transit Administration each split letter
received from a designated recipient of financial assistance provided
under section 5307, 5310, 5337, or 5339 of title 49, United States
Code, for each fiscal year in which Federal assistance is apportioned
pursuant to such sections.
(c) Designated Recipient.--In this section, the term ``designated
recipient'' has the meaning given that term in section 5302 of title
49, United States Code.
SEC. 3109. EXTENSION OF CAPITAL AND PREVENTIVE MAINTENANCE GRANTS TO
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.
Section 601(f) of the Passenger Rail Investment and Improvement Act
of 2008 (Public Law 110-432) is amended by striking ``2030'' and
inserting ``2031''.
SEC. 3110. GAO ASSESSMENT OF PROJECT CONTINGENCY AMOUNTS.
(a) In General.--For the period beginning on the date of enactment
of this Act and ending on September 30, 2031, the Comptroller General
shall include with each report required under section 5309(o)(2)(B) of
title 49, United States Code, an assessment by the Comptroller General
of--
(1) the project contingency amounts determined to be
reasonable by the Secretary under section 5309(f)(1)(A) of
title 49, United States Code, with respect to each project for
which funds were awarded under section 5309 of such title
during the 3-year period immediately preceding the report; and
(2) the relationship between each such project contingency
amount and--
(A) the total capital cost of the corresponding
project; and
(B) the capital investment grant program
requirements applicable to such project, including
whether such project is a core capacity project, a new
start project, a streamlined start project, or an
expedited delivery project.
(b) Solicitation of Feedback.--In carrying out an assessment under
subsection (a), the Comptroller General shall solicit from relevant
stakeholders feedback on project contingency amounts for projects for
which funds were awarded under section 5309 of title 49, United States
Code.
SEC. 3111. GAO REPORT ON UNIVERSAL DESIGN TO IMPROVE ACCESSIBILITY.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General shall assess the extent to which transit
agencies utilize universal design concepts in Federally funded capital
projects and submit to Congress a report on the results of the
assessment that includes--
(1) a review of applicable Federal Transit Administration
policy guidance and best practices related to improving
accessibility; and
(2) recommendations for any such legislative and
administrative action as the Comptroller General determines
appropriate to improve accessibility in public transportation.
SEC. 3112. GAO STUDY AND REPORT ON NATIONAL TRANSIT DATABASE DATA
QUALITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall initiate a study to evaluate
the accuracy and consistency of data reported to the National Transit
Database and assess the efficacy of current protocols for gathering and
verifying reported data.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall review--
(1) processes undertaken by transit agencies for purposes
of collecting and reporting required data to the National
Transit Database in accordance with section 5335 of title 49,
United States Code, including an assessment of transit agency
revenue reporting;
(2) the protocols of the Federal Transit Administration for
gathering and verifying reported data, including automated
validation checks and manual review procedures;
(3) transit agency compliance with National Transit
Database reporting requirements;
(4) the impact of National Transit Database data quality
on--
(A) public transit safety;
(B) Federal formula apportionments and competitive
funding decisions, as applicable; and
(C) the decision-making of the Federal Transit
Administration as such decision-making relates to award
management and safety oversight;
(5) policies of the Federal Transit Administration that
protect the personally identifiable information of persons
involved in reportable security incidents; and
(6) for those public transportation systems studied, the
community value of the public transportation services provided,
including a review of service utilization rates and
accessibility of the system for families and individuals with
disabilities, including individuals who use wheelchairs.
(c) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with
representatives of--
(1) the Federal Transit Administration;
(2) urban, rural, and Tribal transit agencies;
(3) labor unions representing transit workers; and
(4) any other relevant stakeholders as determined by
Comptroller General.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
report on the results of the study conducted under subsection (a) and
any associated recommendations.
SEC. 3113. GAO STUDY ON TRANSIT SYSTEM RIDER SAFETY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall initiate a study to assess
the efforts of the Federal Transit Administration to improve rider
safety on federally-funded public transit systems, including efforts to
prevent assaults, harassment, and other security threats to passengers
and transit employees.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall assess the following
matters related to transit system safety:
(1) National data trends and insights into the causes,
risks, and consequences of transit-related assaults.
(2) The primary Federal funding sources used for transit
system safety and security improvements.
(3) The effectiveness of common risk reduction strategies
to improve safety, including--
(A) de-escalation training, trauma-informed
responses, and passenger safety protocols;
(B) vehicle design standards, including bus driver
workstation barriers;
(C) transit rider education and awareness
campaigns;
(D) bus stop design standards;
(E) the deployment of law enforcement officers or
transit ambassadors; and
(F) partnerships with mental health professionals.
(4) The extent to which there are barriers to the
implementation of safety improvements and challenges transit
operators face in improving safety, which may include--
(A) limitations on eligible use of Federal
assistance;
(B) transit agency financial constraints, including
as a result of changes in Federal, State, and local
assistance;
(C) the effectiveness of risk mitigation strategies
that transit agencies have adopted;
(D) procurement barriers; and
(E) coordination between Federal agencies, local
agencies, social service providers and local law
enforcement agencies.
(c) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with--
(1) State transportation officials;
(2) academic experts in transportation safety, criminology,
and public health; and
(3) representatives of--
(A) transit operators, including, as applicable,
transit police or contracted security of such
operators;
(B) transit riders; and
(C) urban, rural, and Tribal transit agencies.
(d) Report to Congress.--Not later than 1 year after the date of
the initiation of the study described under subsection (a), the
Comptroller General shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report on the
results of the study conducted under subsection (a).
SEC. 3114. GAO STUDY ON CIG DATA COLLECTION AND REPORTING REQUIREMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall initiate a study to assess
the efficacy of data collection and analysis requirements under the
capital investment grants program pursuant to subparagraphs (E) and (F)
of section 5309(k)(2) of title 49, United States Code, and make
recommendations to reduce the reporting burden on project sponsors.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall assess the following
matters related to the requirements under subparagraphs (E) and (F) of
section 5309(k)(2) of such title:
(1) The typical cost of preparing an information collection
and analysis plan, as required under section 5309(k)(2)(E) of
such title.
(2) The extent to which preparing the plan described in
paragraph (1) or the collection of data contributes to project
delays.
(3) The extent to which project sponsors apply insights
gained from the plan described in paragraph (1) to public
transportation related activities other than activities carried
out under the capital investment grants program.
(4) The extent to which the Federal Transit Administration
utilizes data collected and submitted by a project sponsor in
the plan referenced in paragraph (1) for purposes of--
(A) determining eligibility for a full funding
grant agreement under the capital investment grants
program; and
(B) assessing public transportation related
activities other than activities carried out under the
capital investment grants program.
(5) Any relevant policy guidance or circulars issued by the
Federal Transit Administration.
(c) Recommendations.--In making the recommendations required under
subsection (a), the Comptroller General shall consider the following:
(1) Opportunities to reduce data collection and reporting
requirements pursuant to subparagraphs (E) and (F) of section
5309(k)(2) of such title for project sponsors with a
significant amount of local financial commitment.
(2) Criteria other than the amount of local financial
commitment secured by a project sponsor that the Federal
Transit Administration may use to apply reduced data collection
and reporting requirements on project sponsors.
(3) The existence of any redundancies between the data
collection and reporting requirements referenced in paragraph
(1) and other Federal Transit Administration programs or data-
related reporting requirements imposed on recipients of
assistance under chapter 53 of such title.
(d) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with--
(1) industry associations representing public
transportation providers;
(2) transit agencies that completed a capital investment
grants project in the last 10 years and fulfilled the
requirements of subparagraphs (E) and (F) of section 5309(k)(2)
of such title; and
(3) engineering or design firms that participated in
delivering projects described in paragraph (2).
(e) Report to Congress.--Not later than 1 year after the date of
initiation of the study described under section (a), the Comptroller
General shall submit to the appropriate committees of Congress a report
on the results of the study and recommendations under subsection (a).
SEC. 3115. GAO ASSESSMENT OF PARATRANSIT SOFTWARE AND TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall assess Americans
with Disabilities Act compliant paratransit software and technologies
procured with Federal funds and make recommendations to improve service
efficiency, access, and quality of life for paratransit riders while
protecting sensitive rider and system data from cybersecurity threats.
(b) Consultation.--In carrying out the assessment required under
subsection (a), the Comptroller General shall consult the following:
(1) Paratransit riders.
(2) Organizations representing riders with disabilities,
including individuals who use wheelchairs.
(3) Rural transit agencies.
(4) Urban transit agencies.
(5) The United States Access Board.
(6) Labor organizations representing frontline public
transportation workers.
(7) Third-party providers of paratransit service.
(8) Paratransit technology manufacturers.
(9) For-hire transportation providers.
(10) Cybersecurity experts and standards bodies.
(11) Other stakeholders the Comptroller General determines
appropriate.
(c) Considerations.--
(1) In general.--In carrying out the assessment under
subsection (a), the Comptroller General shall consider the
following:
(A) The extent to which paratransit software and
digital interfaces provide effective access for riders
with disabilities, including differing visual,
auditory, cognitive, and physical needs.
(B) The cybersecurity of paratransit software and
technologies, including--
(i) methods to ensure that paratransit
software and data is protected from cyber-
attacks, and whether there are appropriate
outcomes-based objectives for protecting the
confidentiality, integrity, and availability of
systems and data; and
(ii) whether existing cybersecurity
frameworks and audit regimes (including SOC 2
and ISO 27001, or successor standards) are used
as potential references or models for minimum
cybersecurity expectations.
(C) The technical capabilities of paratransit
software and technologies, including--
(i) the role of application programming
interfaces or related mechanisms in enabling
integration of multiple service providers and
supporting efficient movement of trips between
providers;
(ii) how real-time route optimization and
dynamic trip scheduling capabilities impact
paratransit service; and
(iii) the ability of paratransit software
to support digital booking interfaces that
aggregate multiple providers.
(d) Report.--Not later than 1 year after the date on which the
assessment under subsection (a) is initiated, the Comptroller General
shall submit to the appropriate committees of Congress a report
detailing the findings and recommendations required under subsection
(a).
Subtitle C--Reorganization and Consolidation of Chapter 53
SEC. 3201. TRANSFER OF CERTAIN SECTIONS IN CHAPTER 53 OF TITLE 49,
UNITED STATES CODE.
(a) Transfers to Section 5323.--
(1) Section 5306.--Section 5306 of title 49, United States
Code, is transferred and redesignated to appear as section
5323(y) and is amended--
(A) in subsection (b) by redesignating paragraphs
(1) and (2) as subparagraphs (A) and (B), respectively;
and
(B) by redesignating subsections (a) and (b) as
paragraphs (1) and (2), respectively.
(2) Section 5325.--Section 5325 of title 49, United States
Code, is transferred and redesignated to appear as section
5323(z) and is amended--
(A) in subsection (b)--
(i) in paragraph (2)--
(I) in the matter preceding
subparagraph (A) by striking
``paragraph (1)'' and inserting
``subparagraph (A)'';
(II) in subparagraph (C) by
striking ``subparagraph (B)'' and
inserting ``clause (ii)'';
(III) in subparagraph (D)--
(aa) by striking
``subparagraph (C)'' and
inserting ``clause (iii)''; and
(bb) by striking ``this
subparagraph'' and inserting
``this clause''; and
(IV) by redesignating subparagraphs
(A) through (D), as amended, as clauses
(i) through (iv), respectively; and
(ii) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
(B) in subsection (d)--
(i) in paragraph (1)--
(I) by striking ``subsection'' and
inserting ``paragraph''; and
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
respectively; and
(ii) by redesignating paragraphs (1) and
(2), as amended, as subparagraphs (A) and (B);
(C) in subsection (e)--
(i) in paragraph (1) by redesignating
subparagraphs (A) and (B) as clauses (i) and
(ii), respectively;
(ii) in paragraph (2) by striking
``subsection'' and inserting ``paragraph''; and
(iii) by redesignating paragraphs (1) and
(2), as amended, as subparagraphs (A) and (B),
respectively;
(D) in subsection (f)--
(i) in paragraph (1)--
(I) in subparagraph (A) by
redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively;
and
(II) by redesignating subparagraphs
(A) and (B) as clauses (i) and (ii),
respectively;
(ii) in paragraph (2) by striking
``paragraph (1)(B)'' and inserting
``subparagraph (A)(ii)'';
(iii) in paragraph (3)--
(I) in the matter preceding
subparagraph (A) by striking
``subsection'' and inserting
``paragraph'';
(II) in subparagraph (A)--
(aa) in clause (ii) by
striking ``paragraph (1)(B)''
and inserting ``subparagraph
(A)(ii)''; and
(bb) by redesignating
clauses (i) and (ii), as
amended, as subclauses (I) and
(II), respectively;
(III) in subparagraph (B) by
striking ``subparagraph (A)'' and
inserting ``clause (i)''; and
(IV) by redesignating subparagraphs
(A) and (B), as amended, as clauses (i)
and (ii), respectively; and
(iv) by redesignating paragraphs (1)
through (3), as amended, as subparagraphs (A)
through (C), respectively;
(E) in subsection (j)--
(i) in paragraph (2)--
(I) by striking ``paragraph (1)''
and inserting ``subparagraph (A)''; and
(II) by redesignating subparagraphs
(A) through (D) as clauses (i) through
(iv), respectively; and
(ii) by redesignating paragraphs (1) and
(2), as amended, as subparagraphs (A) and (B),
respectively;
(F) in subsection (k) by striking ``subsection''
and inserting ``paragraph''; and
(G) by redesignating subsections (a) through (k),
as amended, as paragraphs (1) through (11),
respectively.
(3) Section 5327.--Section 5327 of title 49, United States
Code, is transferred and redesignated to appear as section
5323(aa) and is amended--
(A) in subsection (a) by redesignating paragraphs
(1) through (13) as subparagraphs (A) through (M),
respectively;
(B) in subsection (b) by redesignating paragraphs
(1) and (2) as subparagraphs (A) and (B), respectively;
(C) in subsection (d)--
(i) in paragraph (1) by redesignating
subparagraphs (A) and (B) as clauses (i) and
(ii), respectively;
(ii) in paragraph (2)--
(I) in subparagraph (B) by striking
``subsection (b)'' and inserting
``paragraph (2)''; and
(II) by redesignating subparagraphs
(A) and (B), as amended, as clauses (i)
and (ii), respectively;
(iii) in paragraph (3) by striking
``paragraph (2)(B)'' and inserting
``subparagraph (B)(ii)''; and
(iv) by redesignating paragraphs (1)
through (3), as amended, as subparagraphs (A)
through (C), respectively; and
(D) by redesignating subsections (a) through (d) as
paragraphs (1) through (4), respectively.
(4) Section 5332.--Section 5332 of title 49, United States
Code, is transferred and redesignated to appear as section
5323(bb) and is amended--
(A) by striking ``subsection (b)'' in each place it
occurs and inserting ``paragraph (2)'';
(B) by striking ``of this section'' in each place
it occurs;
(C) in subsection (a) by striking ``section'' and
inserting ``subsection'';
(D) in subsection (c) by redesignating paragraphs
(1) and (2) as subparagraphs (A) and (B), respectively;
(E) in subsection (d) by redesignating paragraphs
(1) through (4) as subparagraphs (A) through (D),
respectively;
(F) in subsection (e)--
(i) in paragraph (1) by striking
``subsection (d)(2)'' and inserting ``paragraph
(4)(B)''; and
(ii) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
and
(G) by redesignating subsections (a) through (f) as
paragraphs (1) through (6), respectively.
(b) Section 5315 Transfer to Section 5334.--Section 5315 of title
49, United States Code, is transferred and redesignated to appear as
section 5334(l) and is amended--
(1) in subsection (a) by redesignating paragraphs (1)
through (3) as subparagraphs (A) through (C), respectively;
(2) in subsection (b) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively;
(3) in subsection (c) by redesignating paragraphs (1)
through (3) as subparagraphs (A) through (C), respectively;
(4) in subsection (d) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively; and
(5) by redesignating subsections (a) through (d) as
paragraphs (1) through (4), respectively.
SEC. 3202. FRONT MATTER OF CHAPTER 53 OF TITLE 49, UNITED STATES CODE.
(a) Table of Sections.--Chapter 53 of title 49, United States Code,
is amended by striking the table of sections in the front matter at the
beginning and inserting the following:
``SUBCHAPTER I-GENERAL AUTHORITIES AND GRANT PROGRAMS
``Sec.
``5301. Purpose and declaration of policy.
``5302. Definitions.
``5303. Authorizations.
``5304. Apportionment of appropriations for urbanized area formula
grants.
``5305. Administrative provisions.
``5306. General provisions.
``5307. Urbanized area formula grants.
``5308. Consolidated State block grant.
``5309. Fixed guideway capital investment grants.
``5310. Formula grants for the enhanced mobility of seniors and
individuals with disabilities.
``5311. Formula grants for rural areas.
``5312. Public transportation innovation.
``5313. Planning programs.
``5314. Technical assistance and workforce development.
``5315. National transit database.
``5316. State of good repair grants.
``5317. Grants for buses, bus facilities, and ferries.
``5318. Bus testing facility.
``5319. Apportionments based on growing States and high density States
formula factors.
``5320. Public transportation emergency relief programs.
``SUBCHAPTER II-PLANNING AND REQUIREMENTS
``5331. Metropolitan transportation planning.
``5332. Statewide and nonmetropolitan transportation planning.
``5333. Labor standards.
``SUBCHAPTER III-SAFETY
``5351. Crime prevention and security.
``5352. Public transportation safety program.
``5353. Alcohol and controlled substances testing.
``5354. Transit asset management.''.
(b) Redesignations and Transfers.--
(1) Requirement.--The sections of chapter 53 of title 49,
United States Code, identified in the table provided in
paragraph (2) are amended--
(A) by redesignating the sections as described in
the table; and
(B) by transferring the sections, as necessary, so
that the sections appear after the table of sections
for chapter 53 of such title (as added by subsection
(a)), in the order in which the sections are presented
in the table.
(2) Table.--The table referred to in paragraph (1) is the
following:
------------------------------------------------------------------------
Chapter 53 section Chapter 53 section
number before Section heading (provided for number after
redesignation identification purposes only) redesignation
------------------------------------------------------------------------
5301 Purpose and declaration of 5301
policy.
------------------------------------------------------------------------
5302 Definitions. 5302
------------------------------------------------------------------------
5338 Authorizations. 5303
------------------------------------------------------------------------
5336 Apportionment of 5304
appropriations for urbanized
area formula grants.
------------------------------------------------------------------------
5334 Administrative provisions. 5305
------------------------------------------------------------------------
5323 General provisions. 5306
------------------------------------------------------------------------
5307 Urbanized area formula 5307
grants.
------------------------------------------------------------------------
5308 Consolidated State block 5308
grant.
------------------------------------------------------------------------
5309 Fixed guideway capital 5309
investment grants.
------------------------------------------------------------------------
5310 Formula grants for the 5310
enhanced mobility of seniors
and individuals with
disabilities.
------------------------------------------------------------------------
5311 Formula grants for rural 5311
areas.
------------------------------------------------------------------------
5312 Public transportation 5312
innovation.
------------------------------------------------------------------------
5305 Planning programs. 5313
------------------------------------------------------------------------
5314 Technical assistance and 5314
workforce development.
------------------------------------------------------------------------
5335 National transit database. 5315
------------------------------------------------------------------------
5337 State of good repair grants. 5316
------------------------------------------------------------------------
5339 Grants for buses, bus 5317
facilities, and ferries.
------------------------------------------------------------------------
5318 Bus testing facility. 5318
------------------------------------------------------------------------
5340 Apportionments based on 5319
growing States and high
density States formula
factors.
------------------------------------------------------------------------
5324 Public transportation 5320
emergency relief program.
------------------------------------------------------------------------
5303 Metropolitan transportation 5331
planning.
------------------------------------------------------------------------
5304 Statewide and nonmetropolitan 5332
transportation planning.
------------------------------------------------------------------------
5333 Labor standards. 5333
------------------------------------------------------------------------
5321 Crime prevention and 5351
security.
------------------------------------------------------------------------
5329 Public transportation safety 5352
program.
------------------------------------------------------------------------
5331 Alcohol and controlled 5353
substances testing.
------------------------------------------------------------------------
5326 Transit asset management. 5354
------------------------------------------------------------------------
SEC. 3203. AMENDMENTS TO CHAPTER 53 OF TITLE 49, UNITED STATES CODE, AS
AMENDED BY SECTION 3202 OF THIS ACT.
(a) In General.--Except as otherwise expressly provided, whenever
in this section an amendment or repeal is expressed in terms of an
amendment to, or a repeal of, a section or other provision of chapter
53 of title 49, United States Code, the reference shall be considered
to be made to chapter 53 of such title, as amended by section 3202 of
this Act.
(b) General Amendment to Section 5303.--Chapter 53 of title 49,
United States Code, is amended by inserting after section 5302 the
following:
``Sec. 5303. Authorizations.
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out sections
5305, 5307, and 5310 through 5320--
``(A) $16,868,000,000 for fiscal year 2027;
``(B) $17,205,000,000 for fiscal year 2028;
``(C) $17,527,000,000 for fiscal year 2029;
``(D) $17,835,000,000 for fiscal year 2030; and
``(E) $18,157,000,000 for fiscal year 2031.
``(2) Allocation of funds.--Of the amounts made available
to the Secretary under paragraph (1), the following allocations
apply:
``(A) Administrative provisions.--To carry out
section 5305--
``(i) $132,700,000 for fiscal year 2027;
``(ii) $135,400,000 for fiscal year 2028;
``(iii) $138,100,000 for fiscal year 2029;
``(iv) $140,800,000 for fiscal year 2030;
and
``(v) $143,600,000 for fiscal year 2031.
``(B) Urbanized area grants.--To carry out, in
accordance with the formulas set for forth in section
5304, section 5307--
``(i) $7,745,474,000 for fiscal year 2027;
``(ii) $7,869,922,000 for fiscal year 2028;
``(iii) $7,996,361,000 for fiscal year
2029;
``(iv) $8,124,823,000 for fiscal year 2030;
and
``(v) $8,255,340,000 for fiscal year 2031.
``(C) Grants for enhanced mobility of seniors and
individuals with disabilities.--To carry out section
5310--
``(i) $447,300,000 for fiscal year 2027, of
which $10,000,000 is to carry out section
5310(j);
``(ii) $453,100,000 for fiscal year 2028,
of which $10,100,000 is to carry out section
5310(j);
``(iii) $459,000,000 for fiscal year 2029,
of which $10,200,000 is to carry out section
5310(j);
``(iv) $465,000,000 for fiscal year 2030,
of which $10,300,000 is to carry out section
5310(j); and
``(v) $471,000,000 for fiscal year 2031, of
which $10,400,000 is to carry out section
5310(j).
``(D) Rural area grants.--To carry out section
5311--
``(i) $1,007,622,000 for fiscal year 2027;
``(ii) $1,023,742,000 for fiscal year 2028;
``(iii) $1,040,122,000 for fiscal year
2029;
``(iv) $1,056,764,000 for fiscal year 2030;
and
``(v) $1,073,672,000 for fiscal year 2031.
``(E) Public transportation innovation.--To carry
out section 5312--
``(i) $45,240,000 for fiscal year 2027, of
which--
``(I) $5,000,000 to carry out
section 5312(h); and
``(II) $7,371,000 to carry out
section 5312(i);
``(ii) $45,960,000 for fiscal year 2028, of
which--
``(I) $4,000,000 to carry out
section 5312(h); and
``(II) $7,489,000 to carry out
section 5312(i);
``(iii) $46,700,000 for fiscal year 2029,
of which--
``(I) $3,000,000 to carry out
section 5312(h); and
``(II) $7,609,000 to carry out
section 5312(i);
``(iv) $47,440,000 for fiscal year 2030, of
which--
``(I) $2,000,000 to carry out
section 5312(h); and
``(II) $7,731,000 to carry out
section 5312(i); and
``(v) $48,200,000 for fiscal year 2031, of
which--
``(I) $0 to carry out section
5312(h); and
``(II) $7,854,000 to carry out
section 5312(i).
``(F) Planning programs.--To carry out section
5313--
``(i) $222,930,000 for fiscal year 2027, of
which $15,000,000 is to carry out section
5305(i);
``(ii) $225,820,000 for fiscal year 2028,
of which $15,200,000 is to carry out section
5305(i);
``(iii) $228,760,000 for fiscal year 2029,
of which $15,400,000 is to carry out section
5305(i);
``(iv) $231,730,000 for fiscal year 2030,
of which $15,600,000 is to carry out section
5305(i); and
``(v) $234,750,000 for fiscal year 2031, of
which $15,800,000 is to carry out section
5305(i).
``(G) Technical assistance and workforce
development.--To carry out section 5314--
``(i) $20,499,000 for fiscal year 2027;
``(ii) $20,806,000 for fiscal year 2028;
``(iii) $21,118,000 for fiscal year 2029;
``(iv) $21,434,000 for fiscal year 2030;
and
``(v) $21,756,000 for fiscal year 2031.
``(H) National transit database.--To carry out
section 5315--
``(i) $6,235,000 for fiscal year 2027;
``(ii) $6,335,000 for fiscal year 2028;
``(iii) $6,436,000 for fiscal year 2029;
``(iv) $6,539,000 for fiscal year 2030; and
``(v) $6,644,000 for fiscal year 2031.
``(I) State of good repair grants.--To carry out
section 5316--
``(i) $4,640,000,000 for fiscal year 2027;
``(ii) $4,645,000,000 for fiscal year 2028;
``(iii) $4,650,000,000 for fiscal year
2029;
``(iv) $4,655,000,000 for fiscal year 2030;
and
``(v) $4,660,000,000 for fiscal year 2031.
``(J) Grants for bus and bus facilities.--To carry
out section 5317 (except for subsection (d))--
``(i) $1,695,000,000 for fiscal year 2027;
``(ii) $1,863,710,000 for fiscal year 2028;
``(iii) $2,014,891,000 for fiscal year
2029;
``(iv) $2,149,550,000 for fiscal year 2030;
and
``(v) $2,295,508,000 for fiscal year 2031.
``(K) Bus testing facility.--To carry out section
5318--
``(i) $7,000,000 for fiscal year 2027;
``(ii) $7,105,000 for fiscal year 2028;
``(iii) $7,212,000 for fiscal year 2029;
``(iv) $7,320,000 for fiscal year 2030; and
``(v) $7,430,000 for fiscal year 2031.
``(L) Growing states and high density states.--To
carry out section 5319--
``(i) $873,000,000 for fiscal year 2027, of
which--
``(I) $445,230,000 to carry out
section 5319(b); and
``(II) $427,770,000 to carry out
section 5319(c);
``(ii) $883,100,000 for fiscal year 2028,
of which--
``(I) $450,381,000 to carry out
section 5319(b); and
``(II) $432,719,000 to carry out
section 5319(c);
``(iii) $893,300,000 for fiscal year 2029,
of which--
``(I) $455,583,000 to carry out
section 5319(b); and
``(II) $437,717,000 to carry out
section 5319(c);
``(iv) $903,600,000 for fiscal year 2030,
of which--
``(I) $460,836,000 to carry out
section 5319(b); and
``(II) $442,764,000 to carry out
section 5319(c); and
``(v) $914,100,000 for fiscal year 2031, of
which--
``(I) $466,191,000 to carry out
section 5319(b); and
``(II) $447,909,000 to carry out
section 5319(c).
``(M) Emergency relief program.--To carry out
section 5320--
``(i) $25,000,000 for fiscal year 2027;
``(ii) $25,000,000 for fiscal year 2028;
``(iii) $25,000,000 for fiscal year 2029;
``(iv) $25,000,000 for fiscal year 2030;
and
``(v) $25,000,000 for fiscal year 2031.
``(b) Capital Investment Grants.--There is authorized to be
appropriated to the Secretary to carry out section 5309 of this title--
``(1) $3,000,000,000 for fiscal year 2027;
``(2) $3,000,000,000 for fiscal year 2028;
``(3) $3,000,000,000 for fiscal year 2029;
``(4) $3,000,000,000 for fiscal year 2030; and
``(5) $3,000,000,000 for fiscal year 2031.
``(c) Oversight.--
``(1) In general.--Of the amounts made available under
subsection (a)(1) to carry out a financial assistance program
or a grant program referenced in subsection (a)(2) for a fiscal
year, the Secretary may use not more than 0.7 percent of such
amount in such fiscal year to conduct oversight activities for
each respective program and for sections 5308 and 5329,
including the activities described in paragraph (3).
``(2) Additional oversight.--
``(A) CIG program.--Of the amounts made available
under subsection (b) for a fiscal year, the Secretary
may use not more than 1 percent of such amount in such
fiscal year to conduct oversight activities for the
fixed guideway capital investment grants program,
including activities described in paragraph (3).
``(B) Other.--Of the amounts made available under
Section 601(f) of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432; 122 Stat.
4970), the Secretary may use not more than 1 percent in
a given fiscal year to conduct oversight activities,
including the activities described in paragraph (3).
``(3) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a
major capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial
compliance of a recipient or subrecipient of funds
under this chapter.
``(C) Activities to provide technical assistance
generally, and to provide technical assistance to
correct deficiencies identified in compliance reviews
and audits carried out under this section.
``(D) Activities to carry out section 5305.
``(4) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection.
``(5) Availability of certain funds.--Funds made available
under paragraph (2) to conduct oversight activities related to
the fixed guideway capital investment grants program shall be
made available to the Secretary before allocating the funds
appropriated to carry out any project under a full funding
grant agreement.
``(d) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of the
cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the General Fund of the
Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(e) Availability of Amounts.--Amounts made available by or
appropriated under this section shall remain available until
expended.''.
(c) Technical Amendments.--Chapter 53 of title 49, United States
Code, is amended--
(1) in section 5302--
(A) in paragraph (5)(N) by striking ``5339(c)'' and
inserting ``5317(e)'';
(B) in paragraph (6)(A)--
(i) by striking ``5303 and 5304'' and
inserting ``5331 and 5332''; and
(ii) by striking ``5336'' and inserting
``5304''; and
(C) in paragraph (8)(A) by striking ``5334(c)'' and
inserting ``5305(c)'';
(2) in section 5304--
(A) in subsection (b)(2)(E) by striking
``5337(b)(3)'' and inserting ``5316(b)(3)'';
(B) in subsection (d)(1) by striking
``5338(a)(2)(B)'' and inserting ``5303(a)(2)(B)''; and
(C) in subsection (h)--
(i) in the matter preceding paragraph (1)
by striking ``5338(a)(2)(B)'' and inserting
``5303(a)(2)(B)'';
(ii) in paragraph (1)--
(I) by striking ``5339(d)'' and
inserting ``5317(d)''; and
(II) by striking ``5339(d)(2)(A)''
and inserting ``5317(d)(2)(A)''; and
(iii) in paragraph (5) by striking
``5329(e)(6)'' and inserting ``5352(e)(6)'';
(3) in section 5305--
(A) in subsection (b)(1) by striking ``5329'' and
inserting ``5352''; and
(B) in subsection (l)--
(i) in paragraph (1) by striking ``general
purposes of this chapter under section
5301(b)'' and inserting ``purpose of this
chapter described in section 5301(a)''; and
(ii) in paragraph (4)(B) by striking
``5306(a)'' and inserting ``5306(y)(1)'';
(4) in section 5306--
(A) in subsection (a)(1)(A) by striking ``sections
5303, 5304, and 5306'' and inserting ``section 5331,
section 5332, and subsection (y) of this section'';
(B) in subsection (e)--
(i) in paragraph (1) by striking ``5337''
and inserting ``5316''; and
(ii) in paragraph (2) by striking ``5304''
and inserting ``5332'';
(C) in subsection (i)(1)(A)--
(i) by striking ``5339(e)(2)'' and
inserting ``5317(e)(2)''; and
(ii) by striking ``5339 of this chapter''
and inserting ``5317 of this chapter'';
(D) in subsection (n) by striking ``5336(d)(2)''
and inserting ``5304(d)(2)'';
(E) in subsection (o) by striking ``5337'' and
inserting ``5316'';
(F) in subsection (t)(2) by striking ``5336'' and
inserting ``5304'';
(G) in subsection (u)(4)(A) by striking ``5337''
and inserting ``5316'';
(H) in subsection (v)(3)(B) by striking ``5329''
and inserting ``5352'';
(I) in subsection (w)(6)--
(i) by striking ``(49 U.S.C. 5325 note)''
each place it appears; and
(ii) in subparagraph (A)(ii)(II) by
striking ``5325(f)(3)'' and inserting
``5306(z)(6)(C)'';
(J) in subsection (y)--
(i) in paragraph (1) by striking ``5303,
5304, or 5305'' and inserting ``5313, 5331, or
5332''; and
(ii) in paragraph (2) by striking ``5303-
5305'' and inserting ``5313, 5331, and 5332'';
and
(K) in subsection (aa)--
(i) in paragraph (3) by striking
``5338(f)'' and inserting ``5303(c)''; and
(ii) in paragraph (4)(A) by striking
``5338(c)'' and inserting ``5303(c)'';
(5) in section 5307--
(A) in subsection (b)(4) by striking ``5336'' and
inserting ``5304'';
(B) in subsection (c)(1)--
(i) in subparagraph (E) by striking ``5323
and 5325'' and inserting ``5306 and 5306(z)'';
(ii) in subparagraph (H) by striking ``5303
and 5304'' and inserting ``5331 and 5332'';
(iii) in subparagraph (J)--
(I) by striking ``5336'' and
inserting ``5304''; and
(II) by striking ``5321'' and
inserting ``5351'';
(iv) in subparagraph (K) by striking
``5336'' and inserting ``5304''; and
(v) in subparagraph (L) by striking
``5329(d)'' and inserting ``5352(d)'';
(C) in subsection (e)(2)(A) by striking ``5336''
and inserting ``5304''; and
(D) in subsection (f)(4)(A)(ii)(II) by striking
``5303, 5304, and 5305'' and inserting ``5313, 5331,
and 5332'';
(6) in section 5308--
(A) in subsection (a)--
(i) by striking ``5338(a)(2)'' and
inserting ``5303(a)(2)''; and
(ii) by striking ``5310, 5311(c)(5), 5336,
5337, 5339(a), and 5340'' and inserting ``5304,
5310, 5311(c)(5), 5316, 5317(a), and 5319'';
(B) in subsection (b)(2)(D)(ii) by striking ``5337,
5339(a), and 5340'' and inserting ``5316, 5317(a), and
5319'';
(C) in subsection (d)(2) by striking ``5337, 5339,
or 5340'' and inserting ``5316, 5317, or 5319'';
(D) in subsection (e)--
(i) paragraph (11)(B) by striking
``5339(c)(5)'' and inserting ``5317(e)(5)'';
and
(ii) paragraph (12) by striking ``5337,
5339(a), and 5340'' and inserting ``5316,
5317(a), and 5319''; and
(E) in subsection (i)(3) by striking ``5323(i)''
and inserting ``5306(i)'';
(7) in section 5309--
(A) in subsection (c)(1)--
(i) in subparagraph (A) by striking ``5303
and 5304'' and inserting ``5331 and 5332''; and
(ii) in subparagraph (C) by striking
``5326(b)(2)(A)'' and inserting
``5354(b)(2)(A)'';
(B) in subsection (d)(2)(A)(ii) by striking
``5303'' and inserting ``5331'';
(C) in subsection (e)(2)(A)(ii) by striking
``5303'' and inserting ``5331'';
(D) in subsection (g)(5)(C) by striking ``5334(k)''
and inserting ``5305(k)'';
(E) in subsection (h)(3)(A) by striking ``5303''
and inserting ``5331'';
(F) in subsection (i) by striking ``5303(i)'' in
each place it occurs and inserting ``5331(i)'';
(G) in subsection (s)(1) by striking ``5325'' and
inserting ``5306(z)''; and
(H) in subsection (u)--
(i) in paragraph (3)(A)--
(I) in clause (i) by striking
``5303 and 5304'' and inserting ``5331
and 5332''; and
(II) in clause (iii) by striking
``5306(a)'' and inserting
``5306(y)(1)''; and
(ii) in paragraph (12)--
(I) in subparagraph (B) by striking
``5306(a)'' and inserting
``5306(y)(1)''; and
(II) in subparagraph (C) by
striking ``5303 and 5304'' and
inserting ``5331 and 5332'';
(8) in section 5311--
(A) in subsection (b)--
(i) in paragraph (1)(A) by striking
``5305'' and inserting ``5313''; and
(ii) in paragraph (3)(B) by striking
``5338(a)(2)(D)'' and inserting
``5303(a)(2)(D)''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A) by striking
``5338(a)(2)(D)'' and inserting
``5303(a)(2)(D)''; and
(II) in subparagraph (D)--
(aa) by striking
``5339(d)'' and inserting
``5317(d)''; and
(bb) by striking
``5339(d)(2)(B)'' and inserting
``5317(d)(2)(B)''; and
(ii) in paragraph (3)(C) by striking
``5338(a)(2)(D)'' and inserting
``5303(a)(2)(D)''; and
(iii) in paragraph (5)(A) by striking
``5338(a)(2)(D)'' and inserting
``5303(a)(2)(D)'';
(9) in section 5312(i)(1) by striking ``The amounts made
available under section 5338(a)(2)(G)(ii)'' and inserting ``The
amounts specified under 5303(a)(2)(E) for this subsection'';
(10) in section 5313--
(A) in subsection (b)--
(i) by striking ``5338'' and inserting
``5303''; and
(ii) by striking ``5303, 5304, and 5306''
and inserting ``5331, 5332, and 5306(y)'';
(B) in subsection (c) by striking ``5303 and 5306''
in each place it occurs and inserting ``5331 and
5306(y)'';
(C) in subsection (d)(1)(A) by striking ``5304 and
5306'' and inserting ``5332 and 5306(y)'';
(D) in subsection (f) by striking ``5338(a)(2)(A)''
and inserting ``5303(a)(2)(F)''; and
(E) in subsection (h)(1) by striking ``5303, 5304''
and inserting ``5331, 5332'';
(11) in section 5314--
(A) in subsection (a)(1)(B)--
(i) in clause (vii) by striking ``5323(j)
and 5323(m)'' and inserting ``5306(j) and
5306(m)''; and
(ii) in clause (viii) by striking
``5339(c)(1)'' and inserting ``5317(e)(5)'';
(B) in subsection (c)(4)(A) by striking ``5337, and
5339'' and inserting ``5316, and 5317''; and
(C) in subsection (d) by striking ``5338(a)(2)(F)''
and inserting ``5303(a)(2)(G)'';
(12) in section 5316--
(A) in subsection (b)--
(i) in paragraph (1) by striking
``5338(a)(2)(K)'' and inserting
``5303(a)(2)(I)''; and
(ii) in paragraph (2)(B) by striking
``5336(b)(1)'' and inserting ``5304(b)(1)'';
and
(B) in subsection (c)(2) by striking
``5338(a)(2)(K)'' and inserting ``5303(a)(2)(I)'';
(13) in section 5317--
(A) in subsection (a)--
(i) in paragraph (4)--
(I) in the matter preceding
subparagraph (A) by striking
``5338(a)(2)(L)'' and inserting
``5303(a)(2)(J)''; and
(II) in subparagraph (C)--
(aa) in clause (i) by
striking ``5336(c)(1)(A)'' and
inserting ``5304(c)(1)(A)'';
(bb) in clause (ii) by
striking ``5336(c)(1)(B)'' and
inserting ``5304(c)(1)(B)'';
and
(cc) in clause (iii) by
striking ``5336(a)(1)'' and
inserting ``5304(a)(1)'';
(ii) in paragraph (5) by striking ``5336''
and inserting ``5304''; and
(iii) in paragraph (8) by striking ``(49
U.S.C. 5325 note)'';
(B) in subsection (b)--
(i) in paragraph (5)(B) by striking
``5323(i)'' and inserting ``5306(i)'';
(ii) in paragraph (9)(B) by striking
``5325'' and inserting ``5306(z)''; and
(iii) in paragraph (10) by striking ``(49
U.S.C. 5325 note)''; and
(C) in subsection (d)--
(i) in paragraph (2)(A) by striking
``5336(h)(1)'' and inserting ``5304(h)(1)'';
and
(ii) in paragraph (6)(C)(i) by striking
``5336'' and inserting ``5304'';
(14) in section 5318(e)(1)(B)(ii) by striking ``5329(b)''
and inserting ``5352(b)'';
(15) in section 5319--
(A) in subsection (a) by striking ``5338(a)(2)(M)''
and inserting ``5303(a)(2)(L)'';
(B) in subsection (b)(3) by striking ``5336'' and
inserting ``5304''; and
(C) in subsection (c)(5) by striking ``5336'' and
inserting ``5304'';
(16) in section 5331--
(A) in subsection (a)(2) by striking ``5304(d)''
and inserting ``5332(d)'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1)
by striking ``5304'' and inserting ``5332'';
and
(ii) in paragraph (6) by striking
``5304(l)'' and inserting ``5332(l)'';
(C) in subsection (h)(2)(B)(ii) by striking
``5326(c) and 5329(d)'' and inserting ``5352(d) and
5354(b)'';
(D) in subsection (p) by striking ``5305(g)'' and
inserting ``5313(f)''; and
(E) in subsection (s) by striking ``5305(f)'' and
inserting ``5313(f)''; and
(17) in section 5332--
(A) in subsection (a)--
(i) in paragraph (1) by striking ``5303, to
accomplish the objectives stated in section
5303(a),'' and inserting ``5331, to accomplish
the objectives stated in 5331(a),''; and
(ii) in paragraph (3) by striking
``5303(a)'' and inserting ``5331(a)'';
(B) in subsection (b)(1) by striking ``5303'' and
inserting ``5331'';
(C) in subsection (d)(2)(B)(ii) by striking
``5326(c) and 5329(d)'' and inserting ``5352(d) and
5354(b)'';
(D) in subsection (f)(2)(A) by striking ``5303''
and inserting ``5331'';
(E) in subsection (g) by striking ``5303'' in each
place it appears and inserting ``5331''; and
(F) in subsection (i) by striking ``5303'' each
place it appears and inserting ``5331''; and
(18) in section 5333(b) by striking ``5307-5312, 5316,
5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)''
each place it appears and inserting ``5306(a)(1), 5306(b),
5306(d), 5307, 5308, 5309, 5310, 5311, 5312, 5316, and 5318'';
(19) in section 5352--
(A) in subsection (b)(2)(D) by striking ``5324(a)''
and inserting ``5320(a)'';
(B) in subsection (d) by striking ``5335'' in each
place it occurs and inserting ``5315'';
(C) in subsection (e)(6)(B)(i) by striking
``5336(h)'' and inserting ``5304(h)''; and
(D) in subsection (h)(1) by striking ``5334(c)''
and inserting ``5305(c)''.
SEC. 3204. CONFORMING AMENDMENTS.
(a) Title 10 Conforming Amendment.--Section 2864(e)(2) of title 10,
United States Code, is amended by striking ``section 5303(b)'' and
inserting ``section 5331(b)''.
(b) Title 23 Conforming Amendments.--Title 23, United States Code,
is amended--
(1) in section 108(d)(5)(A) by striking ``sections 5303 and
5304'' and inserting ``sections 5331 and 5332'';
(2) in section 134--
(A) in subsection (h)(2)(B)(ii) by striking
``sections 5326(c) and 5329(d)'' and inserting
``sections 5352(d) and 5354(b)''; and
(B) in subsection (p) by striking ``section
5305(g)'' and inserting ``section 5313(f)'';
(3) in section 135--
(A) in subsection (d)(2)(B)(ii) by striking
``sections 5326(c) and 5329(d)'' and inserting
``sections 5352(d) and 5354(b)'';
(B) in subsection (i) by striking ``section
5305(g)'' and inserting ``section 5313(f)''; and
(C) in subsection (j) by striking ``sections 5303
and 5304'' in each instance and inserting ``sections
5331 and 5332''; and
(4) in section 327(a)(2)(B)(iv)(I) by striking ``section
5303 or 5304'' and inserting ``section 5331 or 5332'';
(c) Title 49 Conforming Amendments.--Section 24904(d)(2)(A) of
title 49, United States Code, is amended by striking ``section
5326(a)(3)'' and inserting ``section 5354(e)(3)''.
(d) Limitations on Certain Federal Assistance.--Section 176(c) of
the Clean Air Act (42 U.S.C. 7506(c)) is amended--
(1) by striking ``section 5303(i)'' each place it appears
and inserting ``section 5331(i)''; and
(2) in paragraph (9) by striking ``section 5303(j)'' and
inserting ``section 5331(j)''.
(e) Grants for Capital Improvements to Prevent Crime in Public
Transportation.--Section 40131(f) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12301) is amended by striking
``section 5321'' and inserting ``section 5351''.
(f) Prioritization Process Pilot Program.--Section 11204(c)(2) of
the Surface Transportation Reauthorization Act of 2021 (23 U.S.C. 134
note) is amended--
(1) in subparagraph (A)--
(A) in clause (i) by striking ``section 5303(i)''
and inserting ``section 5331(i)'';
(B) in clause (i)(I)(aa) by striking ``section
5303(h)'' and inserting ``section 5331(h)''; and
(C) in clause (ii) by striking ``section
5303(j)(2)(A)'' and inserting ``5331(j)(2)(A)''; and
(2) in subparagraph (B)--
(A) in clause (i)(I)(aa) by striking ``section
5304(d)'' and inserting ``section 5332(d)''; and
(B) in clause (ii) by striking ``section 5304(g)''
and inserting ``section 5332(g)''.
(g) Advanced Air Mobility Infrastructure Pilot Program.--Section
101(e)(5) of division Q of the Consolidated Appropriations Act, 2023
(49 U.S.C. 40101 note) is amended by striking ``section 5303(b)'' and
inserting ``section 5331(b)''.
TITLE IV--HIGHWAY SAFETY
SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--To carry out section 402 of
title 23, United States Code--
(A) $777,000,000 for fiscal year 2027;
(B) $792,500,000 for fiscal year 2028;
(C) $808,000,000 for fiscal year 2029;
(D) $825,000,000 for fiscal year 2030; and
(E) $842,400,000 for fiscal year 2031.
(2) Highway safety research and development.--To carry out
section 403 of title 23, United States Code--
(A) $211,000,000 for fiscal year 2027;
(B) $219,300,000 for fiscal year 2028;
(C) $225,600,000 for fiscal year 2029;
(D) $229,000,000 for fiscal year 2030; and
(E) $233,500,000 for fiscal year 2031.
(3) High-visibility enforcement program.--To carry out
section 404 of title 23, United States Code--
(A) $50,000,000 for fiscal year 2027;
(B) $51,000,000 for fiscal year 2028;
(C) $52,000,000 for fiscal year 2029;
(D) $53,400,000 for fiscal year 2030; and
(E) $54,300,000 for fiscal year 2031.
(4) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code, and this title--
(A) $40,200,000 for fiscal year 2027;
(B) $41,200,000 for fiscal year 2028;
(C) $42,200,000 for fiscal year 2029;
(D) $43,200,000 for fiscal year 2030; and
(E) $44,200,000 for fiscal year 2031.
(5) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of title
49, United States Code--
(A) $7,800,000 for fiscal year 2027;
(B) $8,000,000 for fiscal year 2028;
(C) $8,200,000 for fiscal year 2029;
(D) $8,400,000 for fiscal year 2030; and
(E) $8,600,000 for fiscal year 2031.
(b) Prohibition on Other Uses.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available under subsection (a) or
any other provision of law from the Highway Trust Fund (other than the
Mass Transit Account) for a program under such chapters--
(1) shall only be used to carry out such program; and
(2) may not be used by a State or local government for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided in
chapter 4 of title 23, United States Code, and chapter 303 of title 49,
United States Code, the amounts made available under subsection (a) for
fiscal years 2027 through 2031 shall be available for obligation in the
same manner as if such amounts were apportioned under chapter 1 of
title 23, United States Code.
SEC. 4002. CONSOLIDATION AND ENHANCEMENT OF HIGHWAY SAFETY PROGRAMS.
(a) In General.--Section 402 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating clause (i) as
subparagraph (A) (and adjusting the margins
accordingly);
(ii) in subparagraph (A), as so
redesignated, by redesignating subclauses (I)
and (II) as clauses (i) and (ii), respectively;
(iii) by redesignating clauses (ii) through
(iv) as subparagraphs (C) through (E),
respectively (and adjusting the margins
accordingly);
(iv) by inserting after subparagraph (A),
as so redesignated, the following:
``(B) addresses national priority safety
initiatives;'';
(v) in subparagraph (C), as so
redesignated--
(I) by redesignating subclauses (I)
and (II) as clauses (i) and (ii),
respectively;
(II) in clause (i), as so
redesignated, by striking ``subsection
(k)'' and inserting ``subsection (l)'';
and
(III) in clause (ii), as so
redesignated, by striking ``subsection
(l)'' and inserting ``subsection (m)'';
and
(vi) in subparagraph (D), as so
redesignated, by striking ``subsection (b)(1)''
and inserting ``subsection (c)(1)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i) by inserting ``,
including law enforcement costs
relating to enforcing State laws on
posted speed limits'' after ``posted
speed limits'';
(II) in clause (vi) by inserting
``and traffic incidents in school
zones'' after ``buses'';
(III) by redesignating clauses (x)
through (xiv) as clauses (xi) through
(xv), respectively;
(IV) by inserting after clause (ix)
the following:
``(x) to increase driver awareness of work
zone safety to prevent crashes and reduce
injuries and fatalities;'';
(V) in clause (xiv), as so
redesignated, by striking ``; and'' and
inserting a semicolon;
(VI) in clause (xv), as so
redesignated, by striking ``vehicle
loads'' and inserting ``vehicle loads,
prevent improper and unsafe use of
light-duty and medium-duty trailers,
and educate the public about required
trailer safety equipment and
preventative maintenance''; and
(VII) by adding at the end the
following:
``(xvi) to purchase and deploy digital
alert technology that--
``(I) is capable of receiving
alerts regarding nearby first
responders; and
``(II) in the case of a motor
vehicle that is used for emergency
response activities, is capable of
sending alerts to civilian drivers to
protect first responders on the scene
and en route;
``(xvii) to educate the public regarding
the safety of vehicles and individuals stopped
at the roadside in the State through public
information campaigns for the purpose of
reducing roadside deaths and injury;
``(xviii) to cover law enforcement costs
relating to enforcing State laws to protect the
safety of vehicles and individuals stopped at
the roadside;
``(xix) to cover costs associated with
developing and implementing a program to train
law enforcement on facilitating safe traffic
stops utilizing standards established by a
State Police Officer Standards and Training
Board or a similar association;
``(xx) to cover costs associated with
developing and implementing a program to
improve interactions between a law enforcement
officer and a motor vehicle operator who has a
speech-related disability that may affect
communication during a traffic stop, including
autism spectrum disorder, commonly referred to
as a `blue envelope program';
``(xxi) to identify, collect, and report to
State and local government agencies data
relating to crashes involving vehicles and
individuals stopped at the roadside; and
``(xxii) to pilot and incentivize measures,
including optical visibility measures, to
increase the visibility of stopped and disabled
vehicles;'';
(ii) in subparagraph (B)(i) by inserting
``including education on a driver's
responsibilities and rights during a traffic
stop'' after ``driver education'';
(iii) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F),
respectively; and
(iv) by inserting after subparagraph (C)
the following:
``(D) improve State safety data systems, including
through--
``(i) software or applications to identify,
collect, and report data to State and local
government agencies, and enter data into State
core highway safety databases, including crash,
citation or adjudication, driver, emergency
medical services or injury surveillance system,
roadway, and vehicle data;
``(ii) purchasing equipment to improve a
process by which data are identified, collated,
and reported to State and local government
agencies, including technology for use by law
enforcement for near-real time, electronic
reporting of crash data;
``(iii) improving the compatibility and
interoperability of the core highway safety
databases of the State with national data
systems and data systems of other States,
including the National EMS Information System;
``(iv) enhancing the ability of a State and
the Secretary to observe and analyze local,
State, and national trends in crash
occurrences, rates, outcomes, and
circumstances;
``(v) supporting traffic records
improvement training and expenditures for law
enforcement, emergency medical, judicial,
prosecutorial, and traffic records
professionals;
``(vi) hiring traffic records professionals
for the purpose of improving traffic
information systems (including a State Fatal
Accident Reporting System (FAR) liaison);
``(vii) adoption of the Model Minimum
Uniform Crash Criteria, or providing to the
public information regarding why any of those
criteria will not be used, if applicable;
``(viii) supporting reporting criteria
relating to emerging topics, including--
``(I) impaired driving as a result
of drug, alcohol, or polysubstance
consumption; and
``(II) advanced technologies
present on motor vehicles; and
``(ix) conducting research relating to
State traffic safety information systems,
including developing programs to improve core
highway safety databases and processes by which
data are identified, collected, reported to
State and local government agencies, and
entered into State core safety databases;'';
(2) by redesignating subsections (b) through (o) as
subsections (c) through (p), respectively;
(3) by inserting after subsection (a) the following:
``(b) National Priority Safety Initiatives.--
``(1) In general.--Each State that meets the relevant
fatality rate threshold shall have a highway safety program
that addresses national priority safety initiatives.
``(2) Flexibility.--Funds not required to be expended by a
State in accordance with any provision of this subsection may
be used by a State for any eligible activity under this
subsection or subsection (a).
``(3) Requirements.--In carrying out a highway safety
program required under subsection (a), a State shall adhere to
the following requirements:
``(A) Occupant protection.--
``(i) In general.--In any case in which a
State has an average occupant protection
fatality rate that is greater than 75 percent
of the national average, such State shall
expend not less than 6 percent of the funds
provided under this section to implement
occupant protection programs to reduce highway
deaths and injuries resulting from individuals
riding unrestrained in motor vehicles.
``(ii) Eligible activities.--Funds required
to be expended in accordance with this
subparagraph may be used to--
``(I) carry out a program to
support high-visibility enforcement
mobilizations, including paid media
that emphasizes publicity for the
program, and law enforcement;
``(II) carry out a program to train
occupant protection safety
professionals, police officers, fire
and other first responders, emergency
medical personnel, educators, parents,
and caregivers concerning all aspects
of the use of child restraints and
occupant protection;
``(III) carry out a program to
educate the public concerning the
proper use and installation of child
restraints, including related equipment
and information systems;
``(IV) carry out a program to
provide community child passenger
safety services, including programs
about proper seating positions for
children and how to reduce the improper
use of child restraints;
``(V) implement programs--
``(aa) to recruit and train
nationally certified child
passenger safety technicians
among police officers, fire and
other first responders,
emergency medical personnel,
and other individuals or
organizations serving low-
income and underserved
populations;
``(bb) to educate parents
and caregivers in low-income
and underserved populations
regarding the importance of
proper use and correct
installation of child
restraints on every trip in a
motor vehicle; and
``(cc) to purchase and
distribute child restraints to
low-income and underserved
populations;
``(VI) establish and maintain
information systems containing data
concerning occupant protection,
including the collection and
administration of child passenger
safety and occupant protection surveys;
and
``(VII) cover law enforcement costs
related to the enforcement of occupant
protection laws.
``(iii) Definitions.--In this subparagraph:
``(I) Average occupant protection
fatality rate.--The term `average
occupant protection fatality rate'
means the number of motor vehicle crash
fatalities in a State that involve
unrestrained individuals per every
100,000,000 vehicle miles traveled in
the State, based on the average of the
most recently reported 3 calendar years
of final data from the Fatality
Analysis Reporting System.
``(II) Child restraint.--The term
`child restraint' means any device
(including child safety seat, booster
seat, harness, and excepting seat
belts) that is--
``(aa) designed for use in
a motor vehicle to restrain,
seat, or position a child who
weighs 65 pounds (30 kilograms)
or less; and
``(bb) certified to comply
with the Federal Motor Vehicle
Safety Standard Number 213,
contained in section 571.213 of
title 49, Code of Federal
Regulations, or any succeeding
standard.
``(III) Seat belt.--The term `seat
belt' means--
``(aa) with respect to
open-body motor vehicles,
including convertibles, an
occupant restraint system
consisting of a lap belt or a
lap belt and a detachable
shoulder belt; and
``(bb) with respect to
other motor vehicles, an
occupant restraint system
consisting of integrated lap
and shoulder belts.
``(B) Impaired driving countermeasures.--
``(i) In general.--In any case in which a
State has an average impaired driving fatality
rate that is greater than 75 percent of the
national average, such State shall expend not
less than 26 percent of the funds provided
under this section to implement programs to
reduce driving under the influence of alcohol,
drugs, or a combination of alcohol and drugs.
``(ii) Additional requirement.--In any case
in which a State that is required to expend
funds pursuant to clause (i) does not have a
repeat intoxicated driver law (as such law is
described in section 164(a)(5)(A)(ii)), the
Secretary shall apply clause (i) by
substituting ``30 percent'' for ``26 percent''.
``(iii) Eligible activities.--Funds
required to be expended in accordance with this
subparagraph may be used by a State for--
``(I) high-visibility enforcement
efforts;
``(II) hiring a full-time or part-
time impaired driving coordinator of
the activities of the State to address
the enforcement and adjudication of
laws regarding driving while impaired
by alcohol, drugs, or a combination of
alcohol and drugs;
``(III) court support of impaired
driving prevention efforts, including--
``(aa) hiring criminal
justice professionals,
including law enforcement
officers, prosecutors, traffic
safety resource prosecutors,
judges, judicial outreach
liaisons, and probation
officers;
``(bb) training and
education of the professionals
in subclause (I) to assist such
professionals in preventing
impaired driving and handling
impaired driving cases,
including by providing
compensation to a law
enforcement officer to carry
out safety grant activities to
replace a law enforcement
officer who is receiving drug
recognition expert training or
participating as an instructor
in such drug recognition expert
training; and
``(cc) establishing driving
while intoxicated courts;
``(IV) alcohol ignition interlock
programs;
``(V) improving blood alcohol and
drug concentration screening and
testing, detection of potentially
impairing drugs (including through the
use of oral fluid as a specimen), and
reporting relating to testing and
detection;
``(VI) media in support of high-
visibility enforcement efforts,
conducting initial and continuing
standardized field sobriety training,
advanced roadside impaired driving
evaluation training, law enforcement
phlebotomy training, and drug
recognition expert training for law
enforcement, and equipment and related
expenditures used in connection with
impaired driving enforcement in
accordance with criteria established by
the National Highway Traffic Safety
Administration;
``(VII) training on the use of
alcohol and drug screening and brief
intervention;
``(VIII) training for and
implementation of impaired driving
assessment programs or other tools
designed to increase the probability of
identifying the recidivism risk of a
person convicted of driving under the
influence of alcohol, drugs, or a
combination of alcohol and drugs and to
determine the most effective mental
health or substance abuse treatment or
sanction that will reduce such risk;
``(IX) developing impaired driving
information systems;
``(X) costs associated with a 24-7
sobriety program;
``(XI) testing and implementing
programs, and purchasing technologies,
to better identify, monitor, or treat
impaired drivers, including--
``(aa) oral fluid screening
technologies;
``(bb) electronic warrant
programs;
``(cc) equipment to
increase the scope, quantity,
quality, and timeliness of
forensic toxicology chemical
testing;
``(dd) case management
software to support the
management of impaired driving
offenders; and
``(ee) technology to
monitor impaired-driving
offenders, and equipment and
related expenditures used in
connection with impaired-
driving enforcement in
accordance with criteria
established by the National
Highway Traffic Safety
Administration;
``(XII) increasing the timely and
accurate reporting to Federal, State,
and local databases of--
``(aa) crash information,
including electronic crash
reporting systems that allow
accurate real- or near-real-
time uploading of crash
information; and
``(bb) impaired driving
criminal justice information;
``(XIII) researching and evaluating
impaired driving countermeasures; and
``(XIV) funding law enforcement
costs related to the enforcement of
impaired driving laws, including law
enforcement costs associated with
enforcing the legal limit for blood
alcohol concentration while driving.
``(iv) Definitions.--In this subparagraph:
``(I) 24-7 sobriety program.--The
term `24-7 sobriety program' means a
State law or program that authorizes a
State or local court or an agency with
jurisdiction, as a condition of bond,
sentence, probation, parole, or work
permit, to--
``(aa) require an
individual who was arrested
for, plead guilty to, or was
convicted of driving under the
influence of alcohol or drugs
to totally abstain from alcohol
or drugs for a period of time;
and
``(bb) require the
individual to be subject to
testing for alcohol or drugs--
``(AA) at least
twice per day at a
testing location;
``(BB) by
continuous transdermal
alcohol monitoring via
an electronic
monitoring device; or
``(CC) by an
alternate method with
the concurrence of the
Secretary.
``(II) Average impaired driving
fatality rate.--The term `average
impaired driving fatality rate' means
the number of motor vehicle crash
fatalities in a State that involve a
driver with a blood alcohol
concentration of at least 0.08 percent
per every 100,000,000 vehicle miles
traveled in the State, based on the
average of the most recently reported 3
calendar years of final data from the
Fatality Analysis Reporting System.
``(C) Distracted driving.--
``(i) In general.--Each State shall expend
not less than 4 percent of the funds provided
under this section to implement effective
programs to reduce the prevalence of distracted
driving.
``(ii) Eligible activities.--Funds required
to be expended in accordance with this
subparagraph may be used--
``(I) to educate the public through
advertising containing information
about the dangers of texting or using a
cell phone while driving;
``(II) for traffic signs that
notify drivers about the distracted
driving law of the State; and
``(III) for law enforcement costs
related to the enforcement of the
distracted driving law.
``(D) Motorcyclist safety.--
``(i) In general.--In any case in which a
State has an average motorcyclist fatality rate
that is greater than 75 percent of the national
average, such State shall expend not less than
0.7 percent of the funds provided under this
section to implement programs to improve
motorcyclist safety.
``(ii) Eligible activities.--Funds required
to be expended in accordance with this
subparagraph may be used only for motorcyclist
safety training and motorcyclist awareness
programs, including--
``(I) improvements to motorcyclist
safety training curricula;
``(II) improvements in program
delivery of motorcyclist training to
both urban and rural areas, including--
``(aa) procurement or
repair of practice motorcycles;
``(bb) instructional
materials;
``(cc) mobile training
units; and
``(dd) leasing or
purchasing facilities for
closed-course motorcyclist
skill training;
``(III) measures designed to
increase the recruitment or retention
of motorcyclist safety training
instructors;
``(IV) public awareness, public
service announcements, and other
outreach programs to enhance driver
awareness of motorcyclists, including
`share-the-road' safety messages; and
``(V) law enforcement costs related
to the enforcement of motorcyclist
safety laws.
``(iii) Definitions.--In this subparagraph:
``(I) Average motorcyclist fatality
rate.--The term `average motorcyclist
fatality rate' means the number of
motor vehicle crash fatalities in a
State that involve a motorcycle per
100,000 registered motorcycles by
State, based on the average of the most
recently reported 3 calendar years of
final data from the Fatality Analysis
Reporting System.
``(II) Motorcyclist awareness.--The
term `motorcyclist awareness' means
individual or collective awareness of--
``(aa) the presence of
motorcyclists on or near
roadways; and
``(bb) safe driving
practices to avoid injury to
motorcyclists.
``(III) Motorcyclist awareness
program.--The term `motorcyclist
awareness program' means an
informational or public awareness
program designed to enhance
motorcyclist awareness that is
developed by or in coordination with
the designated State authority having
jurisdiction over motorcyclist safety
issues, which may include the State
motorcycle safety administrator or a
motorcycle advisory council appointed
by the Governor of the State.
``(IV) Motorcyclist safety
training.--The term `motorcyclist
safety training' means a formal program
of instruction that is approved for use
in a State by the designated State
authority having jurisdiction over
motorcyclist safety issues, which may
include the State motorcycle safety
administrator or a motorcycle advisory
council appointed by the Governor of
the State.
``(E) Nonmotorist safety.--
``(i) In general.--In any case in which the
annual combined nonmotorist fatalities in a
State exceed 15 percent of the total annual
crash fatalities in the State, based on the
most recently reported final data from the
Fatality Analysis Reporting System, such State
shall expend not less than 3 percent of the
funds provided under this section to implement
programs to improve the safety of nonmotorists.
``(ii) Eligible activities.--Funds required
to be expended in accordance with this
subparagraph may be used for --
``(I) training of law enforcement
officials relating to--
``(aa) nonmotorist safety;
``(bb) State laws
applicable to nonmotorist
safety; and
``(cc) infrastructure
designed to improve nonmotorist
safety;
``(II) carrying out a program to
support enforcement mobilizations and
campaigns designed to enforce State
traffic laws applicable to nonmotorist
safety;
``(III) public education and
awareness programs designed to inform
motorists and nonmotorists regarding--
``(aa) nonmotorist safety,
including information relating
to nonmotorist mobility and the
importance of speed management
for the safety of nonmotorists;
``(bb) the value of the use
of nonmotorist safety
equipment, including lighting,
conspicuity equipment, mirrors,
helmets, and other protective
equipment, and compliance with
any State or local laws
requiring the use of such
equipment;
``(cc) State traffic laws
applicable to nonmotorist
safety, including the
responsibilities of motorists
with respect to nonmotorists;
``(dd) the safety of
vehicles and nonmotorists
stopped at the roadside;
``(ee) infrastructure
designed to improve nonmotorist
safety; and
``(ff) safe navigation
through work zones;
``(IV) the collection of data, and
the establishment and maintenance of
data systems, relating to nonmotorist
traffic fatalities;
``(V) preventing roadside death and
injury from crashes involving motor
vehicles striking other vehicles and
individuals stopped at the roadside
through the purchase and deployment of
digital alert technology, including
hardware purchases, installations, and
software subscriptions;
``(VI) nonmotorist safety with
respect to emerging micromobility
technology issues; and
``(VII) providing on-bicycle
education to elementary school and
secondary school students.
``(iii) Nonmotorist defined.--In this
subparagraph, the term `nonmotorist' means--
``(I) a pedestrian, including a
roadway worker;
``(II) an individual using a
bicycle or other cycle solely propelled
by human power, and those than can be
propelled by human power and by motor;
``(III) an individual using a
device designed for low-speed
transportation, personal mobility
assistance, or recreation, which can be
motorized and human-powered, but not
propelled by pedaling; and
``(IV) other nonoccupant road
users.
``(F) Speeding.--
``(i) In general.--In any case in which a
State has an average speeding fatality rate
that is greater than 75 percent of the national
average fatality rate, such State shall expend
not less than 6.3 percent of the funds provided
under this section to implement programs to
reduce the prevalence of speeding.
``(ii) Eligible activities.--Funds required
to be expended in accordance with this
subparagraph may be used by a State for--
``(I) high-visibility enforcement
efforts;
``(II) educating the public through
advertising containing information
about the dangers of speeding;
``(III) funding law enforcement
costs related to the enforcement of
posted speed limits;
``(IV) purchasing and deploying
dynamic speed displays and feedback
signs that inform motorists about the
speed of their vehicle; and
``(V) costs associated with
updating roadway signage to reflect the
speed limit.
``(iii) Prohibition.--A State may not use
funds required to be expended in accordance
with this subparagraph to purchase or deploy
automated traffic enforcement systems that are
operated outside of a school zone or work zone.
``(iv) Average speeding fatality rate
defined.--In this subparagraph, the term
`average speeding fatality rate' means the
number of motor vehicle crash fatalities in a
State that involve speeding per every
100,000,000 vehicle miles traveled in the
State, based on the average of the most
recently reported 3 calendar years of final
data from the Fatality Analysis Reporting
System.'';
(4) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (C)
through (F) as subparagraphs (D) through (G),
respectively;
(ii) by inserting after subparagraph (B)
the following:
``(C) provide for a statewide plan to reduce
driving under the influence of alcohol, drugs, or the
combination of alcohol and drugs;'';
(iii) in subparagraph (D), as so
redesignated, by striking ``40 percent'' and
inserting ``20 percent''; and
(iv) in subparagraph (G)(ii), as so
redesignated, by inserting ``distracted
driving,'' after ``impaired driving,''; and
(B) by inserting after paragraph (2) the following:
``(3) Technical assistance.--
``(A) In general.--The Secretary shall provide
technical assistance to States and local governments
with respect to improving the timeliness, accuracy,
completeness, uniformity, integration, and public
accessibility of State safety data that is needed to
identify priorities for highway traffic safety
programs, including--
``(i) tracking and analyzing the role of
drugs in serious injury and fatal traffic
crashes;
``(ii) aligning a State's data collection
system with the Model Minimum Uniform Crash
Criteria;
``(iii) assisting local governments in
accessing and integrating State safety data
into transportation planning; and
``(iv) reporting underride crashes.
``(B) Underride crash defined.--In this paragraph,
the term `underride crash' means--
``(i) a crash in which a trailer,
semitrailer, or single unit truck intrudes into
the passenger compartment of a passenger motor
vehicle; or
``(ii) a crash in which a vulnerable road
user (as the term is defined in section
148(a)), slides under a trailer, semitrailer,
or single unit truck.'';
(5) in subsection (d), as so redesignated--
(A) in paragraph (2)(C)(ii) by striking ``2
percent'' and inserting ``1 percent''; and
(B) in paragraph (4)(A) by striking ``paragraph''
and inserting ``section'';
(6) in subsection (m), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (A)(ii) by inserting
``including addressing national priority safety
initiatives, if applicable'' after ``under this
subsection''; and
(ii) in subparagraph (C)--
(I) by redesignating clauses (ii)
through (iv) as clauses (iii) through
(v), respectively;
(II) by inserting after clause (i)
the following:
``(ii) for each national priority safety
initiative, a comparison of a State's achieved
safety level with the national average fatality
rate and the Secretary's determination of
whether a State shall be subject to a minimum
expenditure required under subsection (b);'';
and
(III) in clause (iii), as so
redesignated, by inserting ``including
projects and subrecipients that address
national priority safety initiatives,
if applicable,'' after ``upcoming grant
year''; and
(B) in paragraph (2)(A) by inserting ``and
addressing national priority safety initiatives, if
applicable'' after ``of the State'';
(7) in subsection (n)(2)(B), as so redesignated--
(A) in clause (ix)--
(i) by striking ``increase'' and inserting
``increasing''; and
(ii) by striking ``and'' at the end;
(B) by redesignating clause (x) as clause (xi); and
(C) by inserting after clause (ix) the following:
``(x) increasing teen driver awareness of
work zone safety to prevent crashes and reduce
injuries and fatalities; and''; and
(8) in subsection (o), as so redesignated, by adding at the
end the following:
``(3) Public dashboard.--In carrying out paragraph (1), the
Secretary shall make publicly available in an easily
identifiable location on the website of the Department of
Transportation a dashboard that displays the following
information by fiscal year:
``(A) A detailed analysis of the projects funded by
each State in carrying out programs pursuant to
subsection (a)(2)(A).
``(B) A detailed analysis of the projects funded by
each State in administering State highway safety
programs pursuant to subsection (b).
``(C) A detailed analysis of the projects funded
nationwide under subsections (a)(2)(A) and (b),
respectively.
``(D) Each State's safety performance targets in
each of the preceding 10 years.
``(E) Each State's achieved safety level for each
performance measure in each of the preceding 10 years.
``(F) Each State's annual activity measure targets
in each of the preceding 10 years.
``(G) Each State's achieved activity level for each
activity measure in each of the preceding 10 years.''.
(b) National Priority Safety Programs.--
(1) Repeal.--Section 405 of title 23, United States Code,
and the item relating to such section in the analysis for
chapter 4 of such title are repealed.
(2) Conforming amendments.--
(A) Minimum penalties for repeat offenders for
driving while intoxicated or driving under the
influence.--Section 164(a)(1) of title 23, United
States Code, is amended by striking ``section
405(d)(7)(A)'' and inserting ``section
402(b)(3)(iv)(I)''.
(B) High-visibility enforcement program.--Section
404(d)(1) of title 23, United States Code, is amended
by striking ``sections 402 and 405'' and inserting
``section 402''.
(C) General requirements for federal assistance.--
Section 406(a) of title 23, United States Code, is
amended by striking ``section 402 or 405'' and
inserting ``section 402''.
(D) National priority safety program grant
eligibility.--Section 4010 of the FAST Act (129 Stat.
1511) is repealed.
(c) Review of Consolidation.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General shall conduct a
study to assess the efficacy and roadway safety impact of
combining the Highway Safety and National Priority Safety grant
programs.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of the
study conducted under paragraph (1), including--
(A) a recommendation on if the Highway Safety and
National Priority Safety grant programs should remain
consolidated;
(B) an assessment of whether the grant
consolidation described in paragraph (1) coincides with
a reduction in roadway crashes, deaths, and injuries;
and
(C) recommendations to improve the transparency and
efficacy of the Highway Safety Grant program under
section 402 of title 23, United States Code.
SEC. 4003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
(a) In General.--Section 403 of title 23, United States Code, is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (F) by striking ``(E)'' and
inserting ``(F)'';
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(C) by inserting after subparagraph (D) the
following:
``(E) digital infrastructure technologies designed
to improve roadway safety and prevent crashes;'';
(2) by striking subsection (h)(5) and inserting the
following:
``(5) Report.--Not later than 1 year after the date of
enactment of the BUILD America 250 Act, the Administrator shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Science, Space,
and Technology of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of the
Senate, a report on the actions taken by--
``(A) the Administrator in carrying out the
collaborative research effort described in paragraph
(2) to transfer the research findings and technology
developed under this subsection to the automotive
manufacturing industry; and
``(B) the National Highway Traffic Safety
Administration and the automotive manufacturing
industry to deploy the research findings and technology
developed under this subsection in consumer-ready
vehicles.'';
(3) by redesignating subsections (i) through (m) as
subsections (k), (l), (m), (n), and (o), respectively;
(4) by inserting after subsection (h) the following:
``(i) Marijuana and Polysubstance Impairment Research.--
``(1) In general.--The Secretary shall carry out, in
coordination with heads of relevant Federal agencies, a
collaborative research effort to--
``(A) study the effect that marijuana and
polysubstance impairment has on driving;
``(B) analyze measures to detect and reduce
incidences of driving under the influence of marijuana
or polysubstance use, utilizing--
``(i) law enforcement training;
``(ii) roadside testing technologies;
``(iii) toxicology labs; and
``(iv) education campaigns; and
``(C) propose evidence-based impairment standards
for marijuana or polysubstance use.
``(2) Reports.--The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate 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.
``(3) Polysubstance defined.--In this subsection, the term
`polysubstance' means consumption by an individual of 2 or more
potentially impairing substances simultaneously, or within a
short period, including--
``(A) alcohol;
``(B) marijuana;
``(C) prescription medications;
``(D) over-the-counter medications; or
``(E) illicit drugs.
``(j) National Drug Involved Crash Data Collection System.--
``(1) Establishment.--The Secretary shall establish a
national drug involved crash data collection system (in this
subsection referred to as the `system') to--
``(A) collect standardized toxicology data from
States for fatal and serious injury crashes;
``(B) link crash data with medical, coroner,
hospital, and emergency medical services records; and
``(C) provide model protocols for specimen
collection, testing, and reporting.
``(2) Grant authority.--In establishing the system, the
Secretary may award grants to States to--
``(A) pilot enhanced data collection; and
``(B) support toxicology labs, specimen collection,
training, data systems, and data linkage.
``(3) Privacy protections.--Any data made available to the
public pursuant to this subsection shall be deidentified before
such data is made available to the public and used in
compliance with Federal and State privacy laws, including the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191), as applicable.
``(4) Report.--The Secretary shall--
``(A) analyze trends, substance types, and
geographic patterns collected under the system;
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Science, Space, and Technology of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation of the Senate an
annual report for each of fiscal years 2027 through
2031 on the results of the analysis under subparagraph
(A); and
``(C) make such report publicly available.
``(5) Funding.--To carry out this subsection, the Secretary
shall obligate from funds made available to carry out this
section--
``(A) $20,000,000 for fiscal year 2027;
``(B) $21,000,000 for fiscal year 2028;
``(C) $22,000,000 for fiscal year 2029;
``(D) $23,000,000 for fiscal year 2030; and
``(E) $24,000,000 for fiscal year 2031.'';
(5) in subsection (n), as so redesignated--
(A) in paragraph (2)(B)(ii)(I) by inserting ``via
mail or electronically'' after ``that motor vehicle'';
and
(B) in paragraph (4)(A) by striking ``fiscal years
2022 through 2026'' and inserting ``fiscal years 2027
through 2031''; and
(6) in subsection (o)(1), as so redesignated, by striking
``, other than traffic enforcement,'' and inserting ``including
such countermeasures used in coordination with traffic
enforcement''.
(b) Impaired Driving Technology Industry Roundtable.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall host an industry
roundtable to discuss--
(A) the latest innovations in in-vehicle technology
to prevent alcohol-impaired driving;
(B) the efforts of the Department to transfer the
research findings and technology developed under
section 403(h)(2) of title 23, United States Code, to
the automotive manufacturing industry; and
(C) the plans of the Department to educate
consumers about the technology.
(2) Attendees.--In hosting the roundtable described under
this subsection, the Secretary shall invite--
(A) representatives of the automotive manufacturing
industry;
(B) representatives of automotive suppliers of
vehicle impairment prevention technology;
(C) highway safety researchers;
(D) victims and survivors of impaired driving
crashes;
(E) representatives of the vehicle insurance
industry;
(F) representatives of the alcohol industry; and
(G) representatives of anti-impaired driving
advocacy organizations.
(3) Consideration.--In carrying out the report under
section 403(h)(5) of title 23, United States Code (as amended
by this Act), the Secretary shall consider the findings of the
roundtable hosted under this subsection.
(c) Briefing.--Not later than 15 days after the submission of the
report required under section 403(h)(5) of title 23, United States Code
(as amended by this Act), the Secretary shall brief the Committees on
Transportation and Infrastructure and Science, Space, and Technology of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the contents of the report.
(d) Implementation Timeline.--
(1) Model protocols.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall publish the model
protocols required pursuant to section 403(j)(1)(C) of title
23, United States Code (as amended by this Act).
(2) Submission of data.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall ensure that
the system established under subsection (j) of section 403 of
title 23, United States Code (as amended by this Act), has
begun collecting standardized toxicology data from States for
fatal and serious injury crashes pursuant to paragraph (1)(A)
of such subsection.
SEC. 4004. HIGH-VISIBILITY ENFORCEMENT PROGRAM.
(a) In General.--Section 404 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``2022 through 2026'' and
inserting ``2027 through 2031'';
(2) in subsection (b) by adding at the end the following:
``(3) Reduce motor vehicle speeding in excess of the posted
speed limit.'';
(3) by redesignating subsection (f) as subsection (i); and
(4) by inserting after subsection (e) the following:
``(f) School Bus Safety Campaign.--
``(1) In general.--The Secretary shall establish and
implement a public safety messaging campaign that uses public
safety media messages, posters, digital media messages, and
other media messages distributed to States, State departments
of motor vehicles, schools, and other public outlets to--
``(A) highlight the importance of addressing the
illegal passing of school buses; and
``(B) educate students and the public regarding the
safe loading and unloading of school buses.
``(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with--
``(A) representatives of the school bus industry
from the public and private sectors;
``(B) State highway safety offices; and
``(C) any other stakeholder determined appropriate
by the Secretary.
``(3) Requirements.--In producing and distributing the
national public safety messaging campaign under paragraph (1),
the Secretary shall--
``(A) include television advertising and
advertising time on key national broadcasts with a wide
audience as part of the campaign;
``(B) include radio, social media, and edge service
advertising as part of the campaign; and
``(C) ensure that the campaign is not limited to
digital downloads or regional distribution.
``(4) Updates.--The Secretary shall periodically update the
materials used in the campaign under paragraph (1).
``(5) Advertising.--The Secretary may use, or authorize the
use of, funds made available to carry out this section to pay
for the development, production, and use of broadcast and print
media advertising and internet-based outreach for the education
campaign under paragraph (1).
``(g) Car Seat Safety Campaign.--
``(1) In general.--Not later than 1 year after the date of
enactment of the BUILD America 250 Act, the Secretary of
Transportation shall carry out an education campaign on the
dangers associated with noncompliant or counterfeit child
restraint systems, including--
``(A) information on car seats and booster seats
that do not meet Federal safety standards under
sections 571.213 and 571.213b of title 49, Code of
Federal Regulations, or any successor regulations; and
``(B) methods for identifying and avoiding such
systems.
``(2) Advertising.--The Secretary may use, or authorize the
use of, funds made available to carry out this section to pay
for the development, production, and use of broadcast, print,
and digital advertising and outreach for the education campaign
under paragraph (1).
``(3) Coordination.--In carrying out the education campaign
under paragraph (1), the Secretary shall coordinate with--
``(A) interested State and local governments;
``(B) private industry; and
``(C) other parties, as determined by the
Secretary.
``(h) Traffic Safety Enforcement Center of Excellence.--
``(1) Establishment.--Not later than 2 years after the date
of enactment of the BUILD America 250 Act, the Secretary shall
establish, in coordination with relevant Federal agencies, a
Traffic Safety Enforcement Center of Excellence (referred to in
this subsection as the `Center').
``(2) Purpose.--The purpose of the Center shall be to
provide technical assistance to State highway safety offices
and law enforcement agencies on maximizing efficient and
effective traffic safety enforcement of hazardous driving
behaviors to reduce fatalities and injuries on public roads.
``(3) Partnerships.--In establishing the Center, the
Secretary shall enter into appropriate partnerships with any
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) or public or
private research entity.
``(4) Duties.--The duties of the Center shall include--
``(A) providing State highway safety offices and
law enforcement agencies with expertise, tools, and
support relating to traffic safety enforcement;
``(B) promoting evidence-based strategies and best
practice protocols for enforcement against hazardous
driving, including targeted, cost-effective drunk-
driving patrols, alcohol- and drug-impaired driving,
speeding, and distracted driving enforcement, and
coordinated traffic safety campaigns proven to reduce
roadway fatalities and injuries;
``(C) assisting State highway safety offices and
law enforcement agencies with--
``(i) using real-time data systems to
identify high-crash corridors and target
enforcement resources in the most efficient
manner, including by delivering standardized
training;
``(ii) assessing current enforcement
practices and identifying gaps in enforcement;
and
``(iii) leveraging programs under section
402 by providing technical assistance on
program development and outcome measurement
tools;
``(D) assessing and demonstrating new roadside
technologies, data-driven deployment models, and
enforcement strategies, and sharing the results of such
assessments and demonstrations to increase adoption of
effective tools; and
``(E) collaborating with, and providing support on,
traffic safety enforcement to all operating
administrations of the Department.
``(5) Funding.--The Secretary shall obligate from funds
made available to carry out this section for fiscal years 2027
through 2031 not more than $5,000,000 to establish the
Center.''.
(b) Report on Staffing Needs.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee of Commerce, Science, and
Transportation of the Senate on staffing needs and the staffing plan
for the Traffic Safety Enforcement Center of Excellence established
under section 404(h) of title 23, United States Code (as added by this
section), including a plan to appoint detailees from relevant modal
operating administrations to support the staff of such Center of
Excellence.
(c) Conforming Amendment.--Section 24110 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 402 note) is amended by striking
subsection (b).
SEC. 4005. PROTECTION OF SAFETY DATA.
Section 407 of title 23, United States Code, is amended--
(1) by striking ``compiled or collected'' and inserting
``that are compiled, collected, or provided by a unit of State
or local government'';
(2) by inserting ``or for the purpose of developing and
implementing a State strategic highway safety plan (as such
term is defined in section 148(a))'' after ``crossings'';
(3) by inserting ``134, 135,'' before ``144,''; and
(4) by striking ``developing any highway'' and inserting
``developing or planning for any highway''.
SEC. 4006. ANNUAL REPORTING REQUIREMENTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall review the implementation of section
1300.35(b) of title 23, Code of Federal Regulations, to ensure the
administrative burden is appropriate relative to the amount of Federal
funding provided.
(b) Briefing.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the review
conducted under subsection (a).
(c) Savings Clause.--Nothing in subsection (a) shall be construed
to direct the Secretary to change the substance of the reporting
requirements in section 1300.35(b) of title 23, Code of Federal
Regulations.
SEC. 4007. COORDINATION OF FEDERAL HIGHWAY AND TRAFFIC SAFETY PROGRAMS.
(a) Improved Alignment of Program Requirements and Timelines.--The
Secretary shall, in coordination with State departments of
transportation and State highway safety offices, take such actions,
consistent with statute, to enhance roadway safety through improving
coordination and data sharing between--
(1) the Highway Safety Improvement Program under section
148 of title 23, United States Code;
(2) the highway safety grant programs administered by the
National Highway Traffic Safety Administration under section
402 of title 23, United States Code; and
(3) the Highway Performance Monitoring System.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) promote a unified, data-driven approach to the
reduction and elimination of traffic fatalities and serious
injuries;
(2) better align Federal program requirements, planning
cycles, and reporting timelines to reduce administrative burden
on States;
(3) increase flexibility for States to achieve approved
State Strategic Highway Safety Plans and Highway Safety Plans
performance targets; and
(4) ensure that data collection, analysis, and reporting
requirements meaningfully contribute to safety outcomes.
(c) Actions to Reduce Administrative Burden.--In carrying out this
section, the Secretary shall--
(1) evaluate and revise administrative and reporting
requirements under the programs described in subsection (a) to
ensure that such requirements--
(A) meaningfully contribute to safety outcomes; and
(B) appropriately use Federal funds.
(2) conduct an objective analysis, in consultation with
State departments of transportation and State highway safety
offices, of the cost estimates and burden impacts of planning,
coordination, and public engagement requirements, including
such requirements related to data collection, Federal
interagency coordination, and target setting, and update such
cost estimates based on actual State experiences;
(3) review and revise, as appropriate, performance target-
setting and compliance procedures consistent with the statutory
requirement for States to establish safety performance targets;
and
(4) ensure the protection of data, analyses, reports, and
related materials submitted by States pursuant to section
148(h) of title 23, United States Code, from legal discovery or
use in liability proceedings, to the maximum extent permitted
under Federal law.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committee on Commerce, Science, and Transportation of the Senate a
summary report of the findings under subsection (c).
(e) Savings Clause.--Nothing in this section shall be construed to
direct the Secretary to alter or amend the content of the performance
targets associated with any of the programs described in subsection
(a).
SEC. 4008. HIGHWAY SAFETY PROGRAM EFFECTIVENESS TRANSPORTATION
RULEMAKING COMMITTEE.
(a) Establishment.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall establish a transportation
rulemaking committee, and designate such committee pursuant to section
102(k) of title 49, United States Code, to--
(1) analyze the efficiency and effectiveness of the
administration of highway safety grants under chapter 4 of
title 23, United States Code; and
(2) recommend regulatory changes to promote a unified,
data-driven approach to the reduction and elimination of
traffic fatalities and serious injuries under part 1200 of
title 23, Code of Federal Regulations.
(b) Membership.--The transportation rulemaking committee
established under subsection (a) shall consist of the following members
appointed by the Secretary:
(1) Traffic safety industry professionals.
(2) Representatives from up to 4 State highway safety
offices from different geographic regions.
(3) Roadway safety advocates, including--
(A) at least 1 representative of an anti-impaired
driving advocacy organization;
(B) at least 1 representative of a general roadway
safety advocacy organization;
(C) at least 1 representative of a nonmotorized
safety advocacy organization; and
(D) at least 1 representative of a motorcyclist
safety advocacy organization.
(4) At least 1 representative of a State law enforcement
organization.
(5) At least 1 member of local government or a local
government advocacy organization.
(c) Report.--Not later than 1 year after the date on which the
transportation rulemaking committee under subsection (a) is
established, the transportation rulemaking committee shall submit to
the Secretary a report detailing the findings and recommendations
developed under subsection (a), including recommendations to--
(1) streamline review and approval procedures of State
highway safety plans under subpart B of part 1200 of title 23,
Code of Federal Regulations; and
(2) reduce the administrative resources necessary for
compliance with grant requirements under subpart D of such
part.
(d) Recommendations.--Not later than 90 days after the date on
which the Secretary receives the report under subsection (c), 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--
(1) a summary of the findings and recommendations under the
report, including--
(A) if applicable, any dissenting positions on the
findings and the rationale for each position; and
(B) any disagreements with the recommendations,
including the rationale for each disagreement and the
reasons for the disagreement; and
(2) for each recommendation--
(A) the Secretary intends to implement, a
description of the implementation plan of the Secretary
and timeline for implementation; and
(B) the Secretary does not intend to implement, an
explanation as to why the Secretary does not intend to
implement such recommendation.
SEC. 4009. ESTABLISHMENT OF ROADWAY WORKER PROTECTION INTERAGENCY
WORKING GROUP.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish or designate an
interagency working group to make recommendations regarding the
protection of roadway workers.
(b) Membership.--The interagency working group under subsection (a)
shall be comprised of representatives from--
(1) the Federal Highway Administration;
(2) the National Highway Traffic Safety Administration;
(3) the Occupational Safety and Health Administration; and
(4) such other Federal agencies as the Secretary determines
appropriate.
(c) Duties.--The interagency working group under subsection (a)
shall--
(1) review and analyze any limitations regarding data
collection for fatal and non-fatal motor vehicle crashes in
work zones; and
(2) provide recommendations to--
(A) address any limitations in data collection
identified under paragraph (1);
(B) increase the use and effectiveness of work zone
safety contingency funds;
(C) encourage local adoption of the Model Minimum
Uniform Crash Criteria;
(D) improve local data sharing on work zone crashes
with the National Highway Traffic Safety
Administration; and
(E) update educational materials and public
awareness campaigns to improve work zone safety.
(d) Consultation.--In conducting the activities under subsection
(c), the interagency working group shall consult with--
(1) State transportation officials;
(2) non-governmental entities, including--
(A) roadway contractors;
(B) roadway pavers;
(C) roadway engineers;
(D) representatives from labor organizations
representing transportation workers; and
(E) traffic safety industry professionals; and
(3) any other stakeholders the Secretary determines
appropriate.
(e) Report.--Not later than 1 year after the date on which the
interagency working group is established under subsection (a), the
interagency working group shall submit to the Secretary a report on the
recommendations of the working group based on the identification and
analysis under subsection (c).
(f) Recommendations.--Not later than 90 days after the date on
which the Secretary receives the report under subsection (d), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Environment and Public Works of the Senate--
(1) a summary of the findings and recommendations under the
report; and
(2) for each recommendation--
(A) the Secretary intends to implement, a
description of the implementation plan of the Secretary
and timeline for implementation; and
(B) the Secretary does not intend to implement, an
explanation as to why the Secretary does not intend to
implement such recommendation.
(g) Termination.--The interagency working group under subsection
(a) shall terminate on the date that is 180 days after the date on
which the Secretary receives the report under subsection (e).
SEC. 4010. MOTORCYCLE ADVISORY COUNCIL.
Section 355(e) of title 49, United States Code, is amended to read
as follows:
``(e) Sunset.--The Council shall terminate on October 1, 2031.''.
SEC. 4011. MOTORCYCLE CHECKPOINT FUNDING.
Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended--
(1) in paragraph (1) by striking ``or'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) that otherwise profiles and stops motorcycle
operators or motorcycle passengers solely on the basis of the
mode of transportation of such operators or passengers.''.
SEC. 4012. PULSATING LIGHT SYSTEMS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall convene a transportation
rulemaking committee, and designate such committee pursuant to section
102(k) of title 49, United States Code, to consider--
(1) whether pulsating light systems are compliant with
Federal Motor Vehicle Safety Standard Number 108, contained in
section 571.108 of title 49, Code of Federal Regulations; and
(2) if there is sufficient evidence to demonstrate
pulsating light systems reduce traffic crashes and associated
deaths and injuries resulting from traffic crashes.
(b) Membership.--The transportation rulemaking committee
established under subsection (a) shall consist of members appointed by
the Secretary, including--
(1) automotive industry professionals;
(2) experts in human distraction and attention;
(3) experts in vehicle technology safety;
(4) highway safety professionals; and
(5) other stakeholders the Secretary determines
appropriate.
(c) Report.--Not later than 1 year after the date on which the
transportation rulemaking committee under subsection (a) is
established, the transportation rulemaking committee shall submit to
the Secretary a report detailing the findings and recommendations
developed under subsection (a), including a determination on if changes
to Federal Motor Vehicle Safety Standard 108 are warranted and, if so
determined, recommendations for such changes.
(d) Recommendations.--Not later than 90 days after the date on
which the Secretary receives the report under subsection (c), 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--
(1) a summary of the findings and recommendations under the
report; and
(2) for each recommendation--
(A) the Secretary intends to implement, a
description of the implementation plan of the Secretary
and timeline for implementation; and
(B) the Secretary does not intend to implement, an
explanation as to why the Secretary does not intend to
implement such recommendation.
(e) Pulsating Light System Defined.--In this section, the term
``pulsating light system'' means a system for a high-mounted stop lamp
in which--
(1) when the brake of the vehicle is applied, the lamp
pulses rapidly not more than 4 times and for not more than 1.2
seconds, after which such lamp converts to a continuous light
as a normal stop lamp until the time such brake is released;
and
(2) the pulses described in paragraph (1) do not repeat
upon a subsequent application of the brake of the vehicle for a
lock-out period of at least 5 seconds after the release of the
brake described in paragraph (1).
SEC. 4013. MINIMALLY OBSTRUCTED FORWARD-FACING VIEW IN MOTORCOACHES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration, shall prescribe motor
vehicle safety standards to require that all new covered motorcoaches
manufactured for sale in the United States have a minimally obstructed
forward-facing view from the driver's seat of the covered motorcoach.
(b) Exception.--In prescribing motor vehicle safety standards under
subsection (a), the Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration, shall ensure that a
covered motorcoach satisfies such standards if the covered motorcoach
utilizes a camera or other technological means--
(1) to allow for a minimally obstructed forward-facing view
from the driver's seat of the covered motorcoach that expands
the range of the forward-facing view of the driver or provides
a view of an obstructed area; and
(2) that complies with Standard 101.
(c) Definitions.--In this section:
(1) Covered motorcoach.--The term ``covered motorcoach''
has the meaning given the term ``bus'' in section 571.3(b) of
title 49, Code of Federal Regulations.
(2) Standard 101.--The term ``Standard 101'' means Federal
Motor Vehicle Safety Standard Number 101, contained in section
571.101 of title 49, Code of Federal Regulations.
SEC. 4014. REVISION OF STUDENT SAFETY GUIDELINES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall revise the Highway Safety Program
Guideline Number 14 to encourage nonmotorist safety education for
elementary and secondary school students. In revising the guidelines,
the Secretary shall ensure that such guidelines--
(1) encourage on-bicycle training that promotes bicycling
skills and safe practices;
(2) increase awareness and proficiency in navigating
roadways;
(3) emphasize traffic rules;
(4) describe safety precautions; and
(5) emphasize the importance of helmet use.
(b) Consultation and Dissemination.--In carrying out the revision
under subsection (a), the Secretary shall--
(1) consult with practitioners involved in nonmotorist
safety education efforts to update any existing nonmotorist
safety materials and curriculum for elementary and secondary
schools; and
(2) disseminate new model curriculum and guidelines on
nonmotorist safety education for elementary and secondary
school students to State educational agencies.
(c) Report Required.--Not later than 2 years after the Secretary
revises guidelines under subsection (a), the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on--
(1) the status of implementation of the updated guidelines
described in subsection (a), including--
(A) any materials and curriculum revised under this
section; and
(B) a process for tracking implementation;
(2) consultation efforts to revise such guidelines and
related materials; and
(3) efforts to disseminate the guidance to State
educational agencies, including training efforts and promotion,
including opportunities for States to share implementation
challenges and successes.
SEC. 4015. MICROMOBILITY SAFETY.
(a) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall conduct a study on the safety of
micromobility transportation devices and technology, with a focus on
children and young adults.
(b) Considerations.--In conducting the study under paragraph (1),
the Secretary shall consider the following:
(1) Relevant crash data, including the micromobility
transportation device and technology type and speed involved in
a crash, the type of infrastructure on which a crash occurred,
and, if vehicles were involved in such crashes, the speed of
such vehicles.
(2) State laws that may govern operator age, helmet use,
insurance, or registration requirements.
(3) How different micromobility transportation devices and
technologies impact safety, including--
(A) motor power of the technology or device; and
(B) maximum speed of the technology or device on a
paved level surface when powered solely by a motor.
(4) Consumer education efforts on how nonmotorized road
users may safely navigate streets.
(c) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that details the findings of the study conducted under
subsection (a).
(d) Micromobility Transportation Device and Technology Defined.--In
this section, the term ``micromobility transportation device and
technology'' means a small, low-speed, personal transportation device,
including a device defined under section 217(j)(2)(A) of title 23,
United States Code, that is--
(1) electric or human-powered;
(2) primarily used for a short-distance trip or urban
travel; and
(3) has a maximum speed of not more than 20 miles per hour
on a paved level surface when powered solely by a motor.
SEC. 4016. GAO STUDY ON HIGHWAY SAFETY DATA QUALITY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall conduct a study on the quality
of highway safety data collected and utilized for programs administered
by the Secretary under title 23, United States Code, including an
evaluation of the accuracy and consistency of data reported to the
Fatality Analysis Reporting System (in this section referred to as the
``FARS'').
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall review--
(1) highway safety data reporting requirements and
timelines;
(2) State and local law enforcement agency compliance with
FARS reporting requirements, including level of adoption of the
most recent Model Minimum Uniform Crash Criteria guidelines;
(3) processes undertaken by States and local law
enforcement agencies to collect and report data to FARS,
including underride crash data and potential inconsistencies in
identifying underride crashes;
(4) the oversight mechanisms of the Secretary for data
collection and quality assurance of State-submitted safety
data, including protocols for--
(A) evaluating the accuracy, completeness,
uniformity, integration, and accessibility of highway
safety data;
(B) identifying and correcting errors in State-
submitted safety data; and
(C) verifying reported data on underride crashes,
including underride crashes that involve a vulnerable
road user;
(5) reliability, transparency, and accountability in the
use of predictive analytics, telematics, and other data-driven
tools used to collect highway safety data;
(6) data security measures and protections for personally
identifiable information in highway safety data systems;
(7) adherence to information dissemination quality
guidelines;
(8) the effects of data quality on the ability of the
Secretary to assess State safety performance targets, including
such targets linked to Federal funding; and
(9) the potential effects of FARS underride crash data
quality on related National Highway Traffic Safety
Administration activities.
(c) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with relevant
stakeholders, including--
(1) State departments of transportation;
(2) State highway safety offices;
(3) a non-profit scientific and educational organization
focused on improving highway safety and reducing roadway
deaths;
(4) representatives of roadway safety advocacy
organizations, including representatives of motor carrier
safety organizations;
(5) local law enforcement;
(6) the National Highway Traffic Safety Administration; and
(7) any other relevant stakeholders, as determined by the
Comptroller General.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under subsection (a) and
any associated recommendations.
TITLE V--MOTOR CARRIERS
Subtitle A--General Provisions
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) Financial Assistance Programs.--Section 31104 of title 49,
United States Code, is amended by striking subsection (a) and inserting
the following:
``(a) Financial Assistance Programs.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account)--
``(1) subject to subsection (c), to carry out the motor
carrier safety assistance program under section 31102 (other
than the high priority program under subsection (l) of such
section)--
``(A) $435,000,000 for fiscal year 2027;
``(B) $446,500,000 for fiscal year 2028;
``(C) $456,000,000 for fiscal year 2029;
``(D) $467,000,000 for fiscal year 2030; and
``(E) $478,000,000 for fiscal year 2031;
``(2) subject to subsection (c), to carry out the high
priority program under section 31102(l) (other than the
commercial motor vehicle enforcement training and support grant
program under paragraph (5) of such section)--
``(A) $66,000,000 for fiscal year 2027;
``(B) $69,000,000 for fiscal year 2028;
``(C) $72,000,000 for fiscal year 2029;
``(D) $75,000,000 for fiscal year 2030; and
``(E) $78,000,000 for fiscal year 2031;
``(3) to carry out the multiyear commercial motor vehicle
enforcement training and support grant program under section
31102(l)(5), $5,000,000 for each of fiscal years 2027 through
2031;
``(4) to carry out the commercial motor vehicle operator
safety training grant program under section 31103, $5,000,000
for each of fiscal years 2027 through 2031; and
``(5) subject to subsection (c), to carry out the financial
assistance program for commercial driver's license
implementation under section 31313--
``(A) $48,000,000 for fiscal year 2027;
``(B) $51,000,000 for fiscal year 2028;
``(C) $53,000,000 for fiscal year 2029;
``(D) $54,000,000 for fiscal year 2030; and
``(E) $56,000,000 for fiscal year 2031.''.
(b) Administrative Expenses.--Section 31110 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) to pay administrative expenses of the Federal Motor Carrier
Safety Administration--
``(1) $400,000,000 for fiscal year 2027;
``(2) $407,500,000 for fiscal year 2028;
``(3) $417,000,000 for fiscal year 2029;
``(4) $426,000,000 for fiscal year 2030; and
``(5) $435,000,000 for fiscal year 2031.''.
SEC. 5002. IMPROVEMENTS TO ENFORCEMENT TRAINING AND SUPPORT GRANT
PROGRAM.
(a) In General.--Section 31102(l)(5)(B) of title 49, United States
Code, is amended to read as follows:
``(B) Purposes.--The purposes of the grant program
under subparagraph (A) are--
``(i) to train non-Federal employees who--
``(I) conduct commercial motor
vehicle enforcement activities; or
``(II) instruct and train non-
Federal employees described in
subclause (I); and
``(ii) to develop related training
materials.''.
(b) Inspector Standards.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Motor Carrier
Safety Administration shall issue such regulations as are necessary to
revise part 385 of title 49, Code of Federal Regulations, to
incorporate by reference the relevant certification and training
standards for roadside inspectors and instructors issued by the
Commercial Vehicle Safety Alliance as of the date of enactment of this
Act.
SEC. 5003. MAINTENANCE OF EFFORT.
Section 31102(f)(2) of title 49, United States Code, is amended--
(1) in the paragraph heading by striking ``after fiscal
year 2017''; and
(2) by striking ``baseline after the year in which the
Secretary implements a new allocation formula under section
5106 of the FAST Act, and this'' and inserting ``. This''.
SEC. 5004. AMENDMENTS TO COMMERCIAL MOTOR VEHICLE OPERATORS GRANT
PROGRAM.
(a) In General.--Section 31103 of title 49, United States Code, is
amended--
(1) by striking the section heading and inserting
``Commercial motor vehicle operator safety training grant
program''; and
(2) by adding at the end the following:
``(d) High Quality Training Providers.--The Secretary may develop
additional quality and performance metrics to identify and prioritize
awards to high quality training providers.
``(e) Behind the Wheel Training Hours Set Aside.--Of the total
amount made available to carry out the program under this section for
each fiscal year, not less than 50 percent shall be awarded for
entities that require--
``(1) Class A commercial driver's license driver-trainees
to receive a minimum of 30 hours of behind-the-wheel training,
with a minimum of 10 hours on a driving range; and
``(2) Class B commercial driver's license driver-trainees
to receive a minimum of 15 hours of behind-the-wheel training,
with a minimum of 7 hours of public road driving.
``(f) Eligible Entities.--Only entities listed on the State
employment and training provider list maintained under section 122 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3152) shall be
eligible to receive funding under this section.''.
(b) Conforming Amendment.--The analysis for chapter 311 of title
49, United States Code, is amended by striking the item relating to
section 31103 and inserting the following:
``31103. Commercial motor vehicle operator safety training grant
program.''.
SEC. 5005. TERMS AND CONDITIONS FOR EXEMPTIONS.
Section 31315 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(A) by inserting ``, including
data submission requirements,'' after ``terms and
conditions''; and
(B) by striking paragraph (8) and inserting the
following:
``(8) Terms and conditions.--
``(A) In general.--The Secretary shall establish
terms and conditions for each exemption to ensure that
the exemption will not likely degrade the level of
safety achieved by the person or class of persons
granted the exemption and allow the Secretary to
evaluate whether an equivalent level of safety is
maintained while the person or class of persons is
operating under such exemption.
``(B) Requirements.--The terms and conditions
established under this section shall require--
``(i) the regular submission of relevant
accident and incident data to the Secretary;
``(ii) immediate notification to the
Secretary in the event of a crash that results
in a fatality or serious bodily injury; and
``(iii) each person or class of persons
operating under an exemption to maintain and
produce upon inspection, either physically or
electronically, official documentation from the
Federal Motor Carrier Safety Administration of
each exemption under which they are operating.
``(C) Implementation.--The Secretary shall monitor
the implementation of the exemption to ensure
compliance with the terms and conditions of such
exemption.''; and
(2) in subsection (e) by inserting ``, based on an analysis
of data collected by the Secretary and submitted to the
Secretary under subsection (b)(8)'' after ``safety''.
SEC. 5006. BROKER QUALIFICATIONS.
(a) Final Rule.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue a final rule implementing the
requirements described in sections 13903(c) and 13904(c) of title 49,
United States Code, relating to experience or qualifications for
officers of freight brokers and freight forwarders.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and at least once every 6 months until the final rule
required under subsection (a) is issued, the Secretary shall brief the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the rulemaking required
under subsection (a).
SEC. 5007. MOTOR CARRIER COMPLAINTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall implement the recommendations of the Comptroller
General in the report titled ``Motor Carrier Operations: Improvements
Needed to Federal System for Collecting and Addressing Complaints
against Truck, Moving, and Bus Companies'', issued on September 19,
2023 (GAO-23-105972), by--
(1) making all categories of complaint data public, as
appropriate;
(2) updating complaint review guidance;
(3) ensuring the complaint website follows leading
practices; and
(4) developing an outreach plan for the complaint website.
SEC. 5008. CABOTAGE STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall seek to enter into appropriate
arrangements with the Transportation Research Board of the National
Academies to conduct a study of the safety and economic impacts of
cabotage violations using commercial motor vehicles.
(b) Consultation.--In conducting the study described in subsection
(a), the Transportation Research Board shall consult with--
(1) representatives of the motor carrier industry,
including owner-operators;
(2) representatives of law enforcement agencies;
(3) labor organizations representing commercial motor
vehicle drivers; and
(4) such other stakeholders as the Transportation Research
Board determines to be relevant.
Subtitle B--Commercial Motor Vehicle Operators
SEC. 5101. PREDATORY COMMERCIAL MOTOR VEHICLE LEASE-PURCHASE AGREEMENT
PROGRAMS OVERSIGHT.
(a) In General.--Section 14102 of title 49, United States Code, is
amended by adding at the end the following:
``(c) Disclosure Form.--
``(1) In general.--The Secretary shall require a motor
carrier providing transportation subject to jurisdiction under
subchapter I of chapter 135 that uses motor vehicles not owned
by such carrier to transport property under an arrangement with
another party to provide a disclosure form to each party
entering into such arrangement.
``(2) Contents.--The disclosure form under paragraph (1)
shall include, at a minimum, information on--
``(A) weekly compensation for drivers;
``(B) average weekly mileage and the schedule for
drivers;
``(C) the number of drivers who enter into the
arrangement each year;
``(D) the number of drivers who complete the lease
term;
``(E) the number of drivers who buy out a truck;
and
``(F) the average for each deduction category in
settlements, including fuel, insurance, registration,
maintenance, and escrow.
``(3) Template.--The Secretary shall publish and
periodically update a disclosure form template on a website of
the Federal Motor Carrier Safety Administration.
``(d) Public Awareness Campaign.--
``(1) In general.--The Secretary may carry out a public
awareness campaign to increase awareness of how standard lease-
purchase programs work, including distributing information
related to--
``(A) data on driver pay and experiences; and
``(B) the prevalence of predatory commercial motor
vehicle lease-purchase agreement programs.
``(2) Predatory commercial motor vehicle lease-purchase
agreement program defined.--In this subsection, the term
`predatory commercial motor vehicle lease-purchase agreement
program' means the framework of the motor carrier-driver
relationship, including the lease-purchase agreement, the
contract for the driver's work for the motor carrier, and the
practices of the motor carrier in implementing the contracts
that are not provided in the contract, including the motor
carrier's recruitment practices, operational practices, and tax
and finance practices, whereby the motor carrier controls the
work, compensation, and debts of the driver, and the driver
accrues no equity or is forced to give up equity accrued in the
contracted truck.
``(e) Prohibition on Predatory Commercial Motor Vehicle Lease-
purchase Agreement Programs.--Not later than 2 years after the date of
enactment of this subsection, the Secretary shall issue regulations to
prohibit the use of predatory commercial motor vehicle lease-purchase
programs by motor carriers providing transportation subject to
jurisdiction under subchapter I of chapter 135.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue such regulations as are
necessary to require motor carriers offering lease-purchase programs to
maintain detailed records on the outcomes of such programs, including
information described in section 14102(c) of title 49, United States
Code (as added by this section).
SEC. 5102. RESTROOM ACCESS.
(a) Restroom Access for Drivers.--
(1) In general.--Subchapter I of chapter 141 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 14105. Restroom access for drivers
``(a) In General.--A covered driver shall be granted access to any
covered restroom facility at any covered establishment to which such
driver--
``(1) delivers any goods or cargo to such covered
establishment; or
``(2) is waiting at such covered establishment to transport
goods or for cargo to be loaded.
``(b) Rule of Construction.--Nothing in this section shall be
construed to require a covered establishment to make any physical
changes to a covered restroom facility to be in compliance with this
section.
``(c) Definitions.--In this section:
``(1) Covered driver.--The term `covered driver' means any
commercial motor vehicle operator with respect to whom the
Secretary of Transportation has power to establish
qualifications and maximum hours of service pursuant to the
provisions of section 31502.
``(2) Covered establishment.--The term `covered
establishment'--
``(A) means--
``(i) a place of business open to the
general public for the sale of goods or
services; and
``(ii) a shipper, receiver, manufacturer,
warehouse, distribution center, or any other
business entity that is receiving or sending
goods by commercial motor vehicle; and
``(B) does not include any structure such as a
filling station, service station, or restaurant of 800
square feet or less that has a restroom located within
such structure that is only intended for use by
employees.
``(3) Covered restroom facility.--The term `covered
restroom facility' means a restroom located on the premises of
a covered establishment that is intended for use by customers
or employees of the establishment and that is--
``(A) located in an area where providing access
would not create an obvious health or safety risk to a
covered driver; and
``(B) located in an area where providing access
would not pose an obvious security risk to the covered
establishment.''.
(2) Clerical amendment.--The analysis for chapter 141 of
title 49, United States Code, is amended by inserting after the
item relating to section 14104 the following new item:
``14105. Restroom access for drivers.''.
(b) Restroom Access for Drayage Truck Operators.--
(1) In general.--A terminal operator shall provide a
sufficient number of covered restrooms for use by covered
drayage truck operators in areas of the terminal to which such
operators typically have access.
(2) Requirements.--To be in compliance with paragraph (1),
a terminal operator shall provide--
(A) access to existing restrooms for covered
drayage truck operators when such operators are on port
property and when such access does not pose an obvious
safety risk to such truck operators and other employees
of the terminal operator in the area; and
(B) a place for covered drayage truck operators to
park vehicles while accessing such restrooms.
(3) Definitions.--In this subsection:
(A) Covered drayage truck operator.--The term
``covered drayage truck operator'' means the driver of
any in-use on road vehicle with a gross vehicle weight
rating of greater than 33,000 pounds operating on or
moving through port or intermodal rail yard property
for the purpose of loading, unloading, or transporting
cargo, including containerized, bulk, or break-bulk
goods.
(B) Covered restroom.--The term ``covered
restroom'' means a restroom or portable chemical toilet
that is located in an area that does not pose an
obvious health or safety risk to a covered drayage
truck operator.
(C) Terminal operator.--The term ``terminal
operator''--
(i) means the business entity operating a
marine terminal for loading and unloading cargo
to and from marine vessels; and
(ii) includes the port authority if the
port is directly operating the marine terminal
in loading and unloading cargo to and from
marine vessels.
SEC. 5103. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.
(a) Definitions.--Section 31301(14) of title 49, United States
Code, is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by inserting ``, the United States Virgin Islands, and
Puerto Rico'' before the period.
(b) Penalty.--Section 165(c) of title 23, United States Code, is
amended by adding at the end the following:
``(8) Penalty.--The amounts treated as being apportioned to
the United States Virgin Islands under this subsection shall be
deemed to be required to be apportioned to the United States
Virgin Islands under section 104(b) for purposes of the
imposition of any penalty under this title or title 49.''.
(c) Implementation.--The Administrator of the Federal Motor Carrier
Safety Administration shall assist the United States Virgin Islands and
Puerto Rico in obtaining full compliance with chapter 313 of title 49,
United States Code, and regulations adopted under such chapter.
(d) Grace Period.--Notwithstanding section 31311(a) of title 49,
United States Code, during the period beginning on the date of
enactment of this Act and ending on the date that is 5 years after such
date of enactment, the United States Virgin Islands and Puerto Rico
shall not be subject to a withholding of an apportionment of funds
under section 31314 of title 49, United States Code, for failure to
comply with any requirement under section 31311(a) of such title.
(e) Exception.--Puerto Rico may issue a commercial driver's license
to an applicant unable to comply with the requirements under paragraph
(5) of subsection (c) of section 383.133 of title 49, Code of Federal
Regulations (or any successor regulation), provided any commercial
driver's license issued by Puerto Rico under this exception shall be--
(1) valid only in Puerto Rico; and
(2) not transferable to any other State.
SEC. 5104. EXTENSION OF APPRENTICESHIP PILOT PROGRAM.
Section 23022 of the Infrastructure Investment and Jobs Act (Public
Law 117-58) is amended--
(1) in subsection (b)(3) by inserting ``, including the
transportation of goods to and from a port,'' after
``interstate commerce'' each place it appears;
(2) in subsection (c)--
(A) by striking ``the date that is 3 years after
the date of establishment of the pilot program under
subsection (b)(1)'' and inserting ``September 30,
2031''; and
(B) by inserting ``, including the transportation
of goods to and from a port,'' after ``interstate
commerce'';
(3) by redesignating subsections (g), (h), and (i), as
subsections (h), (i), and (j), respectively; and
(4) by inserting after subsection (f) the following:
``(g) Savings Clause.--Notwithstanding any other provision of law,
the Secretary may not condition employer or driver participation in the
apprenticeship program on any factors not included in this section.''.
SEC. 5105. CODIFICATION OF EXEMPTION.
(a) In General.--A covered livestock hauling vehicle, including the
individual operating such vehicle, shall be exempt from--
(1) any requirement relating to hours of service, within a
150 air-mile radius from the final destination of the
livestock, as established under--
(A) subchapter III of chapter 311 of title 49,
United States Code; or
(B) chapter 315 of title 49, United States Code;
and
(2) any requirement relating to electronic logging devices
established under section 31137 of title 49, United States
Code.
(b) Documentation.--The Secretary shall require that each exempt
operator maintain and produce upon inspection, either physically or
electronically, official documentation from the Federal Motor Carrier
Safety Administration of each exemption under which they are operating.
(c) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Covered livestock hauling vehicle.--The term ``covered
livestock hauling vehicle'' means--
(A) a commercial motor vehicle transporting
livestock; or
(B) an unladen commercial motor vehicle en route to
pick up livestock or returning from transporting
livestock, as long as the commercial motor vehicle does
not involve transporting any non-livestock cargo and
the sole purpose of the trip is to make a pick-up or
delivery of livestock.
(3) Livestock.--The term ``livestock'' means livestock (as
such term is defined in section 602 of the Emergency Livestock
Feed Assistance Act of 1988 (7 U.S.C. 1471)), including
insects.
SEC. 5106. MODERNIZATION OF FARM-RELATED SERVICE INDUSTRIES RESTRICTED
COMMERCIAL DRIVER'S LICENSES.
(a) Online Renewal System.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue such regulations as
are necessary to amend section 383.3(f)(3)(ii) of title 49, Code of
Federal Regulations (or any successor regulation), to allow each State
to develop and make available an online registration and renewal system
for eligible employees in farm-related service industries participating
in the seasonal restricted commercial driver's license program.
(b) Definitions.--In this section:
(1) Eligible employee.--The term ``eligible employee''
means an employee that is eligible for and seeks to acquire a
restricted commercial driver's license.
(2) Farm-related service industries.--The term ``farm-
related service industries'' has the meaning given such term in
section 383.3(f)(1) of title 49, Code of Federal Regulations
(or any successor regulation).
(3) Restricted commercial driver's license.--The term
``restricted commercial driver's license'' has the meaning
given such term in section 383.3(f) of title 49, Code of
Federal Regulations (or any successor regulation).
SEC. 5107. IMPLEMENTS OF HUSBANDRY COMPILATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall initiate a review of--
(1) how States define implements of husbandry under State
law;
(2) whether States consider implements of husbandry to be
commercial motor vehicles under State law; and
(3) what relevant State laws apply to implements of
husbandry.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing--
(1) the results of the review required under subsection
(a); and
(2) based on such results, a determination of whether or
not it is appropriate to modify Federal regulations to clarify
that implements of husbandry are not considered to be
commercial motor vehicles.
(c) Implements of Husbandry Defined.--In this section, the term
``implements of husbandry'' means vehicles or equipment, whether self-
propelled or towed, that are either specifically designed or adapted
exclusively for agricultural operations or services.
SEC. 5108. PRE-TRIP VEHICLE INSPECTION TESTING WAIVER.
(a) In General.--Notwithstanding the requirements of section
383.113(a)(1) of title 49, Code of Federal Regulations, a State may
waive the engine compartment pre-trip vehicle inspection skills testing
requirement, set forth in section 383.113(a)(1)(i) of title 49, Code of
Federal Regulations, for a commercial driver's license applicant
seeking to operate a school bus or vehicle for use in public
transportation only in--
(1) intrastate commerce; or
(2) interstate commerce--
(A) if the operation of such bus or vehicle occurs
within a 150-air mile radius from the point of
origination; and
(B) each State in which such operation occurs has
elected to issue a waiver under this section to
applicants seeking a commercial driver's license by
such State.
(b) Conditions.--Prior to issuing a waiver described in subsection
(a), a State shall ensure, at a minimum, that the following conditions
are met:
(1) A State's driver's licensing agency shall document for
recordkeeping purposes the names and commercial driver's
license numbers of operators issued a commercial driver's
license under the waiver.
(2) The commercial driver's license credential shall
conform to the requirements under subpart J of part 383 of
title 49, Code of Federal Regulations (or any successor
regulation).
(3) When issuing a restricted commercial driver's license
with school bus or passenger endorsements pursuant to such
waiver, a State shall--
(A) continue to comply with the applicable
provisions set forth in section 383.73 of title 49,
Code of Federal Regulations (or any successor
regulation); and
(B) place a school bus-only or transit bus-only
restriction on the commercial driver's license in
accordance with section 383.153(a)(10)(ix) of title 49,
Code of Federal Regulations (or any successor
regulation).
(4) A State shall conduct the remaining pre-trip vehicle
inspection components of the skills test for drivers subject to
such waiver, as set forth in section 383.113(a)(1)(ii-ix) of
title 49, Code of Federal Regulations (or any successor
regulation).
(c) Data Collection.--For each calendar year through 2031 in which
a State has issued the waiver described in subsection (a), the State
shall provide a report to the Secretary containing--
(1) the number of operators who obtained commercial
driver's licenses under such waiver; and
(2) data relating to any safety incidents involving an
operator issued a commercial driver's license under such
waiver.
(d) Definitions.--In this section:
(1) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given such term in section
31301 of title 49, United States Code.
(2) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
SEC. 5109. MODIFICATIONS TO CERTAIN COMMERCIAL DRIVER'S LICENSE
REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue a notice of proposed rulemaking to--
(1) revise section 383.79 of title 49, Code of Federal
Regulations, to allow a State to administer a driving skills
test to any commercial driver's license applicant, regardless
of the State of domicile of the applicant or where the
applicant received driver training; and
(2) revise section 384.228 of title 49, Code of Federal
Regulations, to allow a State or third-party examiner to
administer the commercial driver's license knowledge test only
if the examiner--
(A) maintains a valid commercial driver's license
test examiner certification;
(B) completes a commercial driver's license skills
test examiner training course that meets the
requirements of subsection (d) of such section; and
(C) completes 1 unit of instruction described in
subsection (c)(3) of such section.
Subtitle C--Commercial Motor Vehicle Safety
SEC. 5201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144(d) of the SAFETEA-LU (49 U.S.C. 31100 note) is amended
by striking ``September 30, 2025'' and inserting ``September 30,
2031''.
SEC. 5202. ELECTRONIC LOGGING DEVICE CERTIFICATION.
Section 31137(c) of title 49, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (4); and
(2) by inserting after paragraph (1) the following:
``(2) Requirements.--The certification process, referred to
in paragraph (1), shall require the Secretary to--
``(A) verify the contact information of the
certification applicant and the technical
specifications of the proposed electronic logging
device; and
``(B) cross reference the certification application
against revoked electronic logging devices that do not
meet the certification criteria referred to in
paragraph (4).
``(3) Publication of certified devices.--The Secretary
shall publish and maintain on a publicly available website--
``(A) a list of registered electronic logging
devices that meet the certification criteria
established under this section; and
``(B) a list of revoked electronic logging devices
that do not meet the certification criteria referred to
in paragraph (4).''.
SEC. 5203. SAFETY PERFORMANCE HISTORY SCREENING AND DATAQS IMPROVEMENT.
(a) Safety Performance History Screening.--Section 31150 of title
49, United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or employment'' after ``preemployment'';
(2) in subsection (b)--
(A) by inserting ``operator or'' before ``operator-
applicant'' each place it appears; and
(B) in paragraph (2), by inserting ``operator's
or'' before ``operator-applicant's written consent'';
and
(3) in subsection (c)--
(A) in the second sentence--
(i) by striking ``preemployment'';
(ii) by inserting ``operator or'' before
``operator-applicant''; and
(iii) by striking ``Use'' and inserting the
following:
``(2) Voluntary use; limitation.--Use'';
(B) in the first sentence--
(i) by inserting ``driver-related'' after
``serious'';
(ii) by striking ``as a preemployment
condition'';
(iii) by inserting ``or operator
applicant's'' after ``individual operator's'';
and
(iv) by striking ``The process'' and
inserting the following:
``(1) In general.--The process''; and
(C) by adding at the end the following:
``(3) Adverse actions.--A person may not take an adverse
action (as defined in section 603(k) of the Consumer Credit
Protection Act (15 U.S.C. 1681a(k))) with respect to an
operator or operator-applicant based in whole or in part on the
data in the reports provided under subsection (a) from the
Motor Carrier Management Information System unless the person
provides--
``(A) notice to the operator or operator-applicant
consistent with section 604(b)(3) of such Act (15
U.S.C. 1681b(b)(3)); and
``(B) a reasonable period of time for--
``(i) the operator to initiate an appeal
under subsection (e); and
``(ii) any appeal process initiated under
such subsection to conclude pursuant to the
issuance of a final disposition.''.
(b) DataQs Improvement.--Section 31150 of title 49, United States
Code, is amended--
(1) in subsection (d), by inserting ``safety'' after
``serious driver-related'';
(2) by redesignating subsection (d) as subsection (f); and
(3) by inserting after subsection (c) the following:
``(d) Data Subject to Review.--Not later than 1 year after the date
of enactment of the BUILD America 250 Act, the Secretary shall ensure
that during any period in which a safety violation is being contested,
the report on such violation is labeled in a manner that indicates such
violation is being contested in the Motor Carrier Management
Information System and in any other relevant databases, including the
Employment Screening Program, the Safety Measurement System, and
Analysis and Information Online, until the review of the contested
violation is complete.
``(e) DataQs Appeals Process.--Not later than 1 year after the date
of enactment of the BUILD America 250 Act, the Secretary shall
promulgate DataQs program participation guidelines that direct States
receiving funds under the motor carrier safety assistance program under
section 31102 to provide for an appeals process by which--
``(1) following the conclusion of a request for data
review, an affected party may appeal the disposition of the
review; and
``(2) an appeal of the disposition is decided in a
reasonable period of time by a person or persons other than the
person that issued the violation.''.
SEC. 5204. NONCOMPLIANT TRAINING ENTITIES.
(a) In General.--Section 31305(c) of title 49, United States Code,
is amended--
(1) in the matter preceding paragraph (1) by striking ``Not
later than'' and all that follows through ``final regulations''
and inserting ``The Secretary shall issue regulations'';
(2) in paragraph (4) by striking ``and'' at the end;
(3) in paragraph (5) by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) providing a process for the Administrator of the
Federal Motor Carrier Safety Administration to--
``(A) receive complaints relating to the
noncompliance of a training provider described in
paragraph (5) with the requirements under such
paragraph; and
``(B) not later than 90 days after the receipt of a
complaint, if the Administrator determines that such
provider is noncompliant, remove such provider from the
list of training providers that may issue a
certification under paragraph (4).''.
(b) Removal.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall revise section 380.721 of title 49, Code
of Federal Regulations, to clarify that the Federal Motor Carrier
Safety Administration may remove a training provider from the Training
Provider Registry, if such provider--
(1) fails to disclose a relationship, including common
ownership, management, control, or familial ties, with another
provider who was removed from the Training Provider Registry;
and
(2) fails to maintain and enforce policies relating to
sexual assault and sexual harassment.
SEC. 5205. DRUG AND ALCOHOL CLEARINGHOUSE FEES.
Section 31306a(e)(2) of title 49, United States Code, is amended by
striking ``operation and'' and inserting ``development, modernization,
enhancement, operation, and''.
SEC. 5206. FEDERAL HAIR TESTING GUIDELINES.
Not later than 1 year after the Secretary of Health and Human
Services issues scientific and technical guidelines for hair testing as
a method of detecting the use of a controlled substance as described in
section 31306(c) of title 49, United States Code, the Secretary shall
revise part 40 of title 49, Code of Federal Regulations, and other
regulations as necessary, to recognize hair as an approved specimen
type to be collected under transportation workplace drug and alcohol
testing programs required under such part.
SEC. 5207. DRUG AND ALCOHOL TESTING COMPLIANCE.
(a) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall publish updated guidance on who may
act as a specimen collector for Department drug testing under part 40
of title 49, Code of Federal Regulations, including what constitutes a
close personal friend, as referenced under section 40.31 of such title.
(b) Consultation.--In issuing the guidance under subsection (a),
the Secretary shall, at a minimum, consult with representatives of
small motor carriers.
SEC. 5208. FATAL TRUCK CRASH DRUG AND SUBSTANCE ABUSE TESTING
ACCOUNTABILITY.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall revise parts 382, 385, and 392 of title 49, Code of
Federal Regulations, and other regulations as necessary, to--
(1) require employers to maintain records of all post-
accident alcohol or controlled substance tests required under
section 382.303 of such title for a minimum of 5 years;
(2) consider it a violation if an employer fails to furnish
proof of post-accident alcohol or controlled substance testing
within the prescribed timeframe, as outlined in subsections (a)
and (b) of section 382.303 of title 49, Code of Federal
Regulations; and
(3) ensure such violations under paragraph (2) are
reflected in the Safety Measurement System for the purposes of
the Compliance, Safety, and Accountability Program.
SEC. 5209. REVIEW OF NEW ENTRANT SAFETY ASSURANCE PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the Department shall
conduct a review of the New Entrant Safety Assurance Program (in this
section referred to as the ``Program'') under subpart D of part 385 of
title 49, Code of Federal Regulations, to evaluate--
(1) whether the Program effectively provides educational
and technical assistance to new entrant motor carriers;
(2) opportunities to improve the efficiency and timeliness
of safety audits conducted under the Program;
(3) if the Program has adequate staff to conduct the safety
audits and compliance reviews in an efficient and timely
manner;
(4) opportunities to implement proactive outreach
strategies to engage a greater number of new entrant motor
carriers early in the application and operational process;
(5) whether the requirements, processes, and timeframes of
the Program are aligned with the purpose described in section
385.309 of title 49, Code of Federal Regulations;
(6) strategies to ensure greater uniformity and consistency
in the application of the Program to all new entrant motor
carriers, regardless of assignment type; and
(7) potential improvements to ensure that safety data is
effectively gathered and used to assess the safety performance
of new entrant motor carriers.
(b) Consultation.--In conducting the review under subsection (a),
the inspector general shall consult with--
(1) State motor carrier safety enforcement agencies;
(2) representatives of the motor carrier industry,
including owner-operators;
(3) commercial motor vehicle safety advocates;
(4) truck safety organizations;
(5) labor organizations representing commercial motor
vehicle drivers; and
(6) other stakeholders, as determined appropriate by the
Secretary.
(c) Inspector General Report.--Not later than 1 year after the date
of enactment of this Act, the inspector general shall submit to the
Secretary a report that includes--
(1) the findings of the review conducted under subsection
(a); and
(2) recommendations for the Federal Motor Carrier Safety
Administration to improve the effectiveness of the Program,
including actions to--
(A) enhance educational and technical assistance
provided to new entrant motor carriers during the
safety monitoring period;
(B) improve efficiency and timeliness of safety
audits; and
(C) ensure uniformity in new entrant safety
monitoring procedures.
(d) Recommendations.--Not later than 6 months after the date on
which the inspector general submits the report under subsection (c),
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--
(1) a summary of the findings and recommendations of the
report; and
(2) for each recommendation--
(A) the Secretary intends to implement, a
description of the implementation plan of the Secretary
and timeline for implementation; and
(B) the Secretary does not intend to implement, an
explanation as to why the Secretary does not intend to
implement such recommendation.
SEC. 5210. NEW ENTRANT REGISTRATION STANDARDS TRANSPORTATION RULEMAKING
COMMITTEE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a transportation
rulemaking committee to develop findings and recommendations on the
necessity of establishing minimum requirements for entities seeking to
obtain registration from the Department as a motor carrier of property
or passengers under chapter 315 of title 49, United States Code.
(b) Membership.--The Secretary shall appoint the members of the
transportation rulemaking committee, which shall be comprised of--
(1) State motor carrier safety enforcement agencies;
(2) representatives of the motor carrier industry;
(3) commercial motor vehicle law enforcement associations;
(4) labor organizations representing commercial motor
vehicle operators;
(5) truck safety organizations; and
(6) other stakeholders determined appropriate by the
Secretary.
(c) Considerations.--In developing findings and recommendations
under subsection (a), the transportation rulemaking committee shall
consider--
(1) the existing requirements for registration as a motor
carrier of property and passengers under parts 365 and 390 of
title 49, Code of Federal Regulations; and
(2) the appropriateness of additional minimum motor carrier
registration requirements, including requirements associated
with the following:
(A) Knowledge of applicable safety regulations,
standards, and requirements under Federal law and
regulations.
(B) Familiarity with the duties of employers and
motor carriers under the Federal Motor Carrier Safety
Regulations, including requirements relating to--
(i) driver qualifications;
(ii) vehicle maintenance;
(iii) hours of service;
(iv) drug and alcohol testing; and
(v) safety management controls.
(C) An understanding of the importance of
establishing and maintaining a safety management
program appropriate for the size and scope of the
intended operations of the applicant.
(D) Completion of a training program approved by
the Secretary, or demonstration of equivalent
knowledge, as determined by the Secretary.
(d) Report.--
(1) In general.--Not later than 18 months after the date on
which the transportation rulemaking committee is established,
the committee shall submit to the Secretary a report detailing
the findings and recommendations developed under subsection
(a).
(2) Contents.--In the report submitted under paragraph (1),
the transportation rulemaking committee shall include
recommendations--
(A) on how to revise the regulations under parts
365 and 390 of title 49, Code of Federal Regulations,
if additional minimum motor carrier registration
requirements are determined appropriate; and
(B) for any other necessary updates to regulations
or requirements determined appropriate by the
transportation rulemaking committee.
(e) Recommendations.--Not later than 6 months after the date on
which the transportation rulemaking committee submits the report under
subsection (d), 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--
(1) a summary of the findings and recommendations of the
report; and
(2) for each recommendation--
(A) the Secretary intends to implement, a
description of the implementation plan of the Secretary
and timeline for implementation; and
(B) the Secretary does not intend to implement, an
explanation as to why the Secretary does not intend to
implement such recommendation.
SEC. 5211. BEYOND COMPLIANCE.
(a) Final Rule.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall issue a final rule implementing
section 5222 of the FAST Act (49 U.S.C. 31100 note).
(b) Consideration.--In issuing the final rule under subsection (a),
the Secretary shall consider driver training and experience as a
recognized safety standard.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, and at least once every 6 months thereafter until the final
rule required under subsection (a) is issued, the Secretary shall brief
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the status of the rulemaking required
under subsection (a).
Subtitle D--Household Goods Shipping Consumer Protection Reform
SEC. 5301. ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES FOR VIOLATIONS
OF COMMERCIAL REGULATIONS.
(a) Enforcement by Secretary.--Section 14914 of title 49, United
States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following:
``(b) Enforcement by Secretary.--If, after notice and an
opportunity for a hearing, the Secretary finds that a person violated a
provision of part B of subtitle IV of this title, or a regulation or
order issued pursuant to such part, the Secretary shall assess a civil
penalty by written notice.'';
(3) in subsection (c), as redesignated by paragraph (1), by
inserting ``or the Secretary'' after ``Board''; and
(4) in subsection (d), as redesignated by paragraph (1), by
inserting ``or the Secretary'' after ``Board''.
(b) Application.--Section 501(b) of title 49, United States Code,
is amended--
(1) by inserting ``5,'' after ``20303 and chapters''; and
(2) by inserting ``311, 313,'' after ``chapters),''.
SEC. 5302. STATE USE OF GRANT FUNDS FOR COMMERCIAL ENFORCEMENT AND
CONSUMER PROTECTION.
Section 31102 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in paragraph (1)(B) by striking ``and'' at the
end;
(B) in paragraph (2)(B) by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) for the enforcement of Federal household goods
statutes and regulations for the interstate transportation of
household goods by household goods motor carriers and brokers,
and for the intrastate transportation of household goods by
household goods motor carriers if the State has adopted laws or
regulations that are compatible with Federal household goods
regulations.'';
(2) in subsection (l)(2)--
(A) in subparagraph (I) by striking ``and'' at the
end;
(B) by redesignating subparagraph (J) as
subparagraph (K); and
(C) by inserting after subparagraph (I) the
following:
``(J) enforce Federal household goods statutes and
regulations for the interstate transportation of
household goods by household goods motor carriers and
brokers, and for the intrastate transportation of
household goods by household goods motor carriers if
the State has adopted laws or regulations that are
compatible with Federal household goods regulations;
and''; and
(3) by adding at the end the following:
``(m) State Discretion.--The activities described in subsections
(h)(3) and (l)(2)(J) are--
``(1) optional at the discretion of a State; and
``(2) not a condition on funds received under this
section.''.
SEC. 5303. STATE RETENTION OF PENALTIES AND FINES.
Section 14711 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Penalties.--Notwithstanding any other provision of law, any
fine or penalty imposed on a carrier or broker in a proceeding under
this section shall be paid to, and retained by, the State that imposed
such fine or penalty.''.
SEC. 5304. REGISTRATION REQUIREMENTS.
(a) Definitions.--Section 13102 of title 49, United States Code, is
amended by adding at the end the following:
``(28) Principal place of business.--The term `principal
place of business' means a single physical business location of
a specified entity where--
``(A) management officials of such specified entity
report to work;
``(B) such specified entity conducts a significant
portion of its business relating to the transportation
of persons or property; and
``(C) such specified entity maintains records
required by part B of subtitle IV or part B of subtitle
VI.
``(29) Specified entity.--The term `specified entity'
means--
``(A) an employer, as such term is defined in
section 31132;
``(B) a person;
``(C) a motor carrier, including a foreign motor
carrier or foreign motor private carrier;
``(D) a broker; or
``(E) a freight forwarder.''.
(b) Motor Carrier Generally.--Section 13902(a)(1) of title 49,
United States Code, is amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) has designated a principal place of
business.''.
(c) Registration of Freight Forwarders.--Section 13903(a) of title
49, United States Code, is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) has designated a principal place of business; and
``(4) has disclosed any relationship involving common
ownership, common management, common control, or common
familial relationship between such person and any other motor
carrier, freight forwarder, broker, or any other applicant for
motor carrier, freight forwarder, or broker registration, if
the relationship occurred in the 3-year period preceding the
date of the filing of the application for registration.''.
(d) Registration of Brokers.--Section 13904(a) of title 49, United
States Code, is amended--
(1) in subsection (1) by striking ``and'' after the
semicolon;
(2) in subsection (2) by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(3) has designated a principal place of business; and
``(4) has disclosed any relationship involving common
ownership, common management, common control, or common
familial relationship between such person and any other motor
carrier, freight forwarder, or broker, or any other applicant
for motor carrier, freight forwarder, or broker registration,
if the relationship occurred in the 3-year period preceding the
date of the filing of the application for registration.''.
(e) Complaints and Actions on Secretary Initiatives.--Section
13905(d)(2) of title 49, United States Code, is amended--
(1) in subparagraph (C)(iii) by striking ``or'' at the end;
(2) in subparagraph (D) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) withhold, suspend, amend, or revoke any part
of a registration of a motor carrier, foreign motor
carrier, foreign motor private carrier, broker, or
freight forwarder if the Secretary finds that the motor
carrier, foreign motor carrier, foreign motor private
carrier, broker, or freight forwarder failed to
designate a valid principal place of business.''.
(f) Requirement for Registration and USDOT Number.--Section 31134
of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``or'' at the end;
(B) in paragraph (3) by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) the employer or person seeking registration has
designated a principal place of business, as defined in section
13102.''; and
(2) in subsection (c)(2) by striking ``subsection (b)(1)''
and inserting ``subsection (b)''.
SEC. 5305. HOUSEHOLD GOODS CONSUMER PROTECTION WORKING GROUP.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a working group to
develop findings and recommendations on the modernization of Federal
consumer protection regulations relating to the interstate
transportation of household goods by a motor carrier, including such
transportation that is arranged by a broker of household goods.
(b) Membership.--The working group shall be comprised of--
(1) individuals with expertise in consumer affairs;
(2) representatives of household goods motor carriers;
(3) representatives of household goods brokers;
(4) representatives of State moving and storage
associations;
(5) representatives of consumer organizations;
(6) representatives from truck safety organizations; and
(7) other stakeholders the Secretary determines
appropriate.
(c) Recommendations.--The working group established under this
section shall analyze and make recommendations regarding--
(1) the effect of technology and consumer purchasing habits
in the sale and servicing of interstate shipments of household
goods;
(2) the number, type, and elements of paperwork required of
carriers and shippers in interstate transportation;
(3) the use of state-of-the-art education techniques and
technologies, including the internet and artificial
intelligence;
(4) the status of the implementation of the recommendations
included in the report ``Recommendations to Improves Household
Goods Consumer Education'', issued pursuant to section 5503 of
the FAST Act (Public Law 114-94); and
(5) the impact and frequency of ``name spoofing'' whereby a
registered entity seeks to take advantage of consumers by
registering under a name that is deceptively similar to an
established registered entity.
(d) Report.--Not later than 1 year after the date on which the
working group is established under this section, the working group
shall submit to the Secretary a report that includes a summary of the
findings and recommendations developed under subsection (c).
(e) Recommendations.--Not later than 18 months after the date on
which the Secretary receives the report under subsection (d), 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--
(1) a summary of the findings and recommendations of the
report; and
(2) for each recommendation--
(A) the Secretary intends to implement, a
description of the implementation plan of the Secretary
and timeline for implementation;
(B) if the Secretary does not intend to implement
the recommendation, an explanation as to why the
Secretary does not intend to implement such
recommendation; or
(C) a notification if the Secretary lacks the
statutory authority to implement such recommendation.
(f) Termination.--The working group shall terminate 1 year after
the date on which the working group submits the report under subsection
(d).
Subtitle E--Safe Integration of Autonomous Commercial Motor Vehicles
SEC. 5401. DEFINITIONS.
Section 31132 of title 49, United States Code, is amended--
(1) by redesignating paragraphs (1) through (11) as
paragraphs (3), (5), (6), (8), (9), (10), (11), (12), (13),
(14), and (15), respectively;
(2) by inserting before paragraph (5), as so redesignated,
the following:
``(1) `ADS' or `automated driving system' means hardware
and software systems on a commercial motor vehicle that--
``(A) are collectively capable of performing the
entire dynamic driving task on a sustained basis,
regardless of whether such hardware or software systems
are limited to a specific operational design domain;
and
``(B) collectively meet the definition of
automation Level 3, Level 4, or Level 5.
``(2) `ADS-equipped commercial motor vehicle' means a
commercial motor vehicle equipped with an ADS.'';
(3) in paragraph (3), as so redesignated--
(A) in subparagraph (B) by striking ``including
the'' and inserting ``including, if applicable, the'';
and
(B) in subparagraph (C) by striking ``including
the'' and inserting ``including, if applicable, the'';
(4) by inserting after paragraph (3), as so redesignated,
the following:
``(4) `DDT fallback', `DDT fallback-ready user', `DDT
performance-relevant system failure', `driverless operations
dispatcher', `dynamic driving task', `DDT', `Level 3', `Level
4', `Level 5', `remote assistant', `remote driver', `minimal
risk condition', `MRC', `ODD', and `operational design domain'
have the meaning of the terms as provided in--
``(A) the April 2021 edition of recommended
practice J3016 of SAE International titled `Taxonomy
and Definitions for Terms Related to Driving Automation
Systems for On-Road Motor Vehicles';
``(B) a subsequent edition of recommended practice
J3016 adopted by the Secretary; or
``(C) a substantially similar successor recommended
practice or standard of SAE International adopted by
the Secretary.''; and
(5) by inserting after paragraph (6), as so redesignated,
the following:
``(7) `integrated service operations' means commercial
motor vehicle operations that involve non-driving tasks
relevant to the operation of such vehicle, including--
``(A) the transportation primarily of minors, such
as school bus transportation;
``(B) public transportation, as defined in section
5302;
``(C) passenger transportation via motorcoach;
``(D) carriage of placarded hazardous materials
described in part 397 of title 49, Code of Federal
Regulations; and
``(E) other operations as determined by the
Secretary.''.
SEC. 5402. ADS-EQUIPPED COMMERCIAL MOTOR VEHICLE INTERSTATE OPERATION.
(a) ADS-equipped Commercial Motor Vehicle Operation.--
(1) In general.--Subchapter III of chapter 311 of title 49,
United States Code, is amended by inserting after section 31139
the following:
``Sec. 31140. ADS-equipped commercial motor vehicle operation
``(a) Safety Standard.--
``(1) In general.--Not later than 2 years after the date of
enactment of the BUILD America 250 Act, the Secretary shall
issue such regulations as are necessary to establish and
maintain a performance-based safety standard for ADS-equipped
commercial motor vehicles to operate in interstate commerce.
``(2) Applicability.--In issuing the regulations under
paragraph (1), the Secretary shall determine how such standard
applies to Level 3, Level 4, and Level 5 ADS-equipped
commercial motor vehicles.
``(3) Operating requirement.--After the effective date of
regulations issued pursuant to paragraph (1), an ADS-equipped
commercial motor vehicle may not be operated in interstate
commerce unless--
``(A) the manufacturer has certified to the
Secretary that such vehicle has met the safety standard
established in paragraph (1);
``(B) the manufacturer and operator of such vehicle
meet the applicable regulations issued pursuant to this
chapter; and
``(C) such vehicle has not been materially altered
in such a manner that the vehicle does not comply with
such safety standard.
``(b) Requirements for Safety Standard.--
``(1) Safety case.--The safety standard established under
subsection (a)(1) shall require a manufacturer of an ADS or
ADS-equipped commercial motor vehicle to meet the standard
through a safety case, which shall be updated prior to making
any significant material changes to the ADS or ADS-equipped
commercial motor vehicle that--
``(A) provides claims, supported by arguments and
evidence, that support the conclusion of the
manufacturer that the design, construction, and
performance of the ADS or ADS-equipped commercial motor
vehicle will provide an equivalent or greater level of
safety as a non-ADS -equipped commercial motor vehicle
subject to the requirements of this title; and
``(B) includes the following components:
``(i) A description of each hardware and
software element of the ADS required for--
``(I) braking, steering,
propulsion, and computing capability;
``(II) redundancies;
``(III) each capability of the
suite of sensors of the ADS; and
``(IV) the integration of the ADS
into the vehicle platform.
``(ii) A complete description of the ODD of
the ADS, including how the ADS performs each
element within such ODD.
``(iii) An explanation of each engineering
methodology used to design and assess the
performance of the ADS and ensure commercial
motor vehicle safety, including--
``(I) each hazard analysis and
associated verification and validation
process;
``(II) the credibility and
limitations of the tools, simulations,
and test environments employed for such
methodology, and the measures taken to
mitigate such limitations; and
``(III) the acceptance criteria
used by the manufacturer to assess
competencies in normal driving and
crash avoidance capability.
``(iv) An explanation of how the ADS
anticipates and responds to potential crashes.
``(v) A description of any vehicle-
integrated system that provides visual or
digital hazard alerting to a nearby road user
when the vehicle executes or enters a minimal
risk condition, including any system that
automatically activates high-conspicuity
lighting patterns or transmits digital hazard
messages to connected vehicles and roadway
infrastructure.
``(vi) A description of the cybersecurity
plan that includes--
``(I) a written cybersecurity
policy with respect to the practices of
the manufacturer to detect and respond
to cyber attacks, unauthorized
intrusions, and false vehicle control
commands;
``(II) a process to identify,
assess, and mitigate reasonably
foreseeable cyber risks related to
commercial motor vehicle safety from
cyber attacks or unauthorized
intrusions, including false and
malicious vehicle control commands;
``(III) a process to take
preventive and corrective action to
mitigate against reasonably foreseeable
cyber risks related to commercial motor
vehicle safety in the ADS or ADS-
equipped commercial motor vehicle,
including incident response plans,
unauthorized intrusion detection and
prevention systems that safeguard key
controls, systems, and procedures
through testing or monitoring, and
updates to such process based on
changed circumstances;
``(IV) the identification of an
officer or other individual of the
manufacturer as the point of contact
with responsibility for the management
of cybersecurity; and
``(V) a process for employee
training and supervision for
implementation and maintenance of the
policies and procedures required by
this section, including controls on
employee access to the ADS.
``(vii) A description of the manufacturer's
safety management system, including
organizational roles and responsibilities, and
the processes used to systematically address
and audit safety throughout the design,
testing, deployment, and operation of the ADS.
``(viii) A description of the in-use safety
monitoring processes utilized by the
manufacturer, including safety performance
indicators, thresholds for intervention, and
procedures for investigating and addressing
safety-relevant incidents and near-misses.
``(ix) A description of how the
manufacturer incorporates operational data from
in-service operations, including feedback loops
from incidents and safety-critical scenarios
into the design and validation of the ADS, to
ensure continuous improvement of commercial
motor vehicle safety.
``(x) An explanation of how the ADS-
equipped vehicle meets each of the following
competencies:
``(I) The ADS performs the entire
DDT within the ODD of the ADS and is
able to recognize the boundaries of the
ODD.
``(II) The ADS detects and responds
appropriately to any vulnerable road
user in proximity to the ADS in the
relevant ODD.
``(III) In the case of a Level 3
ADS, the ability of the ADS to clearly
and unambiguously communicate ADS
status and user role to the DDT
fallback-ready user and, during any
transfer of control to the DDT
fallback-ready user, provide sufficient
lead time for the DDT fallback-ready
user to safely assume the DDT, and
safely maintain vehicle control until
the ADS fallback user has assumed
control and the transfer is completed.
``(IV) The ability of the ADS to
safely achieve a MRC and safely allow
any occupants inside the vehicle to
exit the vehicle.
``(V) The ADS detects the limits of
the ODD of the ADS and respond
appropriately when 1 or more conditions
of the ODD are no longer met by
achieving an MRC.
``(VI) The ADS detects and responds
to relevant objects or events,
including emergency vehicles and
personnel, and school buses in
proximity to the ADS in the relevant
ODD and relevant to the driving
decisions of the ADS.
``(VII) The ADS can comply with
applicable local traffic laws and laws
relevant to the performance of the DDT.
``(xi) Any additional information the
Secretary determines to be appropriate.
``(2) Incident reporting.--
``(A) In general.--The Secretary shall prescribe
reporting requirements for ADS-equipped commercial
motor vehicles that align with reporting requirements
issued by the National Highway Traffic Safety
Administration under such Administration's Third
Amended Standing General Order 2021-01 (signed April
24, 2025), and at a minimum, require the reporting of
any crash that resulted in a--
``(i) fatality;
``(ii) serious injury;
``(iii) strike of a vulnerable road user;
``(iv) air bag deployment; or
``(v) vehicle tow-away.
``(B) Additional requirements.--The Secretary may
require additional reporting requirements if the
Secretary determines such requirements are necessary to
effectively evaluate or improve the safety of ADS-
equipped commercial motor vehicles.
``(C) Revisions.--The Secretary--
``(i) may periodically revise the reporting
requirements prescribed under subparagraph (A);
and
``(ii) shall update such requirements if
the Secretary establishes a single Federal
database for autonomous vehicle-related
incidents.
``(3) Roles and responsibilities.--
``(A) In general.--The safety standard established
under subsection (a)(1) shall require the manufacturer
of a Level 4 or Level 5 ADS to assume and observe
duties otherwise applicable to a human driver to the
extent such duties relate to the real-time operation of
such vehicle and the performance of the DDT when--
``(i) the ADS is engaged and the vehicle is
operating within its ODD; or
``(ii) the ADS is engaged and such ADS--
``(I) fails to detect that 1 or
more conditions of its ODD are no
longer met; or
``(II) after detecting that 1 or
more conditions of its ODD are no
longer met, fails to achieve an MRC.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to--
``(i) create, expand, or limit strict
liability under Federal or State law;
``(ii) create a cause of action; or
``(iii) affect the availability of any
defense or doctrine under otherwise applicable
law, including comparative fault, contributory
negligence, product liability principles, or
proximate causation.
``(4) Operator on board.--The safety standard established
under subsection (a)(1) shall require a human operator to be
located within the vehicle during the operation of any ADS-
equipped commercial motor vehicle transporting--
``(A) primarily minors, such as school bus
transportation; or
``(B) placarded hazardous materials, as described
in part 397 of title 49, Code of Federal Regulations.
``(5) Additional standards for integrated service
operations.--In establishing the safety standard under
subsection (a)(1), if the Secretary determines additional
standards are necessary to maintain the existing level of
safety following the introduction of ADS-equipped commercial
motor vehicles within integrated service operations, the
Secretary may apply additional requirements to such vehicles,
including ensuring that remote assistants performing covered
aspects of the dynamic driving task, DDT fallback-ready users,
or remote drivers have the appropriate endorsement on their
commercial drivers' license or have received relevant training
necessary for operation.
``(c) Operator Qualifications.--
``(1) In general.--The Secretary shall require a DDT
fallback-ready user, remote driver, or remote assistant who is
performing covered aspects of the dynamic driving task, as
described in paragraph (5), of an ADS-equipped commercial motor
vehicle be properly qualified and licensed to operate a
commercial motor vehicle, subject to the requirements of parts
350 through 399 of title 49, Code of Federal Regulations.
``(2) Level 3 requirements.--The Secretary shall require a
DDT fallback-ready user to be physically located within the
driver's seat of the vehicle for Level 3 ADS-equipped
commercial motor vehicles.
``(3) Location.--The Secretary shall require all remote
assistants, driverless operations dispatchers, and remote
drivers to be physically located within the United States or
any territory of the United States.
``(4) Driving time.--Any period in which a remote assistant
performing covered aspects of the DDT, DDT fallback-ready user,
or remote driver must monitor 1 or more ADS-equipped commercial
motor vehicles shall be considered driving time under part 395
of title 49, Code of Federal Regulations.
``(5) Covered aspects of the ddt.--A remote assistant is
subject to the requirements of paragraphs (1) and (4) when
conducting any of the following aspects of the DDT:
``(A) Lateral vehicle motion control via steering.
``(B) Longitudinal vehicle motion control via
acceleration and deceleration.
``(C) Object and event response execution, when the
ADS cannot override an ordered response in reaction to
real-time conditions at its location.
``(D) Maneuver planning, when the ADS cannot
override a plan in reaction to real-time conditions at
its location.
``(E) Enhancing conspicuity including via lighting,
sounding, the horn, signaling, and gesturing.
``(d) Rules of Construction.--
``(1) Nothing in this section shall be construed to
prohibit a State from maintaining, enforcing, prescribing, or
continuing in effect any law or regulation regarding
cybersecurity or privacy.
``(2) Nothing in this section, including meeting the
requirements of subsection (a)(1) or any rules implementing
this section, shall be construed to relieve a person or
manufacturer from liability which may exist under another
Federal or State law or supplant, displace, preempt another
Federal or State law relating to remedies for civil relief,
including Federal or State laws for civil damage, or penalties
for criminal actions.
``(3) Nothing in this section shall be construed to require
the Secretary to require a commercial motor vehicle to be
equipped with an ADS.''.
(2) Clerical amendment.--The analysis for chapter 311 of
title 49, United States Code, is amended by inserting after the
item relating to section 31139 the following:
``31140. ADS-equipped commercial motor vehicle operation.''.
(b) Transportation Rulemaking Committee.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
transportation rulemaking committee, pursuant to section 102(k)
of title 49, United States Code, to make recommendations on the
implementation of section 31140 of such title (as added by this
section) and on the applicability of parts 350 through 399 of
title 49, Code of Federal Regulations, to ADS-equipped
commercial motor vehicles and related DDT fallback-ready users,
remote drivers, remote assistants, and driverless dispatch
operators.
(2) Membership.--The transportation rulemaking committee
convened under paragraph (1) shall consist of not more than 18
members appointed by the Secretary, including representatives
of--
(A) autonomous commercial motor vehicle technology
providers;
(B) autonomous commercial motor vehicle original
equipment manufacturers;
(C) commercial motor vehicle law enforcement
associations;
(D) traffic safety professionals;
(E) roadway safety advocates;
(F) the trucking industry, including both small and
large motor carriers;
(G) the shipping industry;
(H) labor organizations representing drivers of
commercial motor vehicles in interstate commerce;
(I) labor organizations representing transit
vehicle operators;
(J) labor organizations representing first
responders, including law enforcement and fire
fighters;
(K) State highway safety offices;
(L) insurers of commercial motor vehicles;
(M) independent research and testing organizations
of ADS-equipped commercial motor vehicles; and
(N) others as determined appropriate by the
Secretary.
(3) Considerations.--The transportation rulemaking
committee convened under paragraph (1) shall consider, at a
minimum, recommendations on the following:
(A) Updates necessary to implement section 31140 of
title 49, United States Code (as added by this
section).
(B) The applicability of parts 350 through 399 of
title 49, Code of Federal Regulations, to ADS-equipped
commercial motor vehicles, including--
(i) updates to parts 392.7, 396.11, and
396. 9 of such title to develop standards and
procedures for vehicle inspections specific to
ADS-equipped commercial motor vehicles; and
(ii) updates to part 385 of such title to--
(I) incorporate ADS-equipped
commercial motor vehicles into safety
fitness determination procedures; and
(II) publish safety fitness
information for ADS-equipped commercial
motor vehicles separately from non-ADS
equipped commercial motor vehicles.
(C) Workforce implications, including what
additional qualifications may be necessary for DDT
fallback-ready users and remote drivers and the
necessity of workforce programs to train human-in-
vehicle operators, DDT fallback-ready users, remote
drivers, remote assistants, and driverless operations
dispatchers.
(D) A process for determining the roles and
responsibilities for the manufacturer, operator, DDT
fallback-ready user, remote driver, remote assistant,
and driverless dispatch officer of an ADS-equipped
commercial motor vehicle when the ADS is engaged.
(E) Restrictions related to the transportation of
placarded hazardous materials, as described in part 397
of title 49, Code of Federal Regulations, by ADS-
equipped commercial motor vehicles.
(F) The quantity of ADS-equipped commercial motor
vehicles a DDT fallback-ready user, remote driver,
remote assistant, or driverless operations dispatcher
may be responsible for without reducing the level of
public safety.
(G) Additional training requirements for DDT
fallback-ready users, remote drivers, remote
assistants, or driverless operation dispatchers.
(H) Any additional requirements to ensure the ADS
or ADS-equipped commercial motor vehicle may allow
occupants inside the vehicle to, at any time, command
the vehicle to safely achieve an MRC and allow the
occupants inside the vehicle to exit the vehicle.
(4) Report and regulations.--
(A) Report.--Not later than 1 year after the
transportation rulemaking committee under paragraph (1)
convenes, 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 based on the
findings of the transportation rulemaking committee.
(B) Rulemaking required.--Not later than 6 months
after the Secretary submits the report under
subparagraph (A), the Secretary shall issue such
regulations as are necessary to implement section 31140
of title 49, United States Code (as added by this
section), and make necessary updates to parts 350
through 399 of title 49, Code of Federal Regulations,
related to the applicability of such regulations to
ADS-equipped commercial motor vehicles, DDT fallback-
ready users, remote drivers, remote assistants, and
driverless operations dispatchers.
(C) Contents of rulemaking.--In issuing the
rulemaking required under subparagraph (B), the
Secretary shall, at a minimum--
(i) make necessary updates to comply with
the requirements set forth under section 31140
of title 49, United States Code (as added by
this section);
(ii) update part 385 of title 49, Code of
Federal Regulations, to--
(I) incorporate ADS-equipped
commercial motor vehicles into safety
fitness determination procedures;
(II) publish safety fitness
determination information for ADS-
equipped commercial motor vehicles
separately from non-ADS-equipped
commercial motor vehicles; and
(III) authorize the revocation of
operating authority specifically and
individually for either the non-ADS
equipped or ADS-equipped components of
a motor carrier;
(iii) update standards and procedures for
vehicle inspection specific to ADS-equipped
commercial motor vehicles;
(iv) consider any additional qualifications
or licensing requirements, such as an
appropriate endorsement or additional training,
necessary for DDT fallback-ready users, remote
drivers, remote assistants, and driverless
operations dispatchers in ADS-equipped
commercial motor vehicles;
(v) establish a limit on the respective
quantity of ADS-equipped commercial motor
vehicles a remote assistant or driverless
operations dispatcher may be responsible for
without reducing the level of public safety;
(vi) provide standards for ADS-equipped
commercial motor vehicles to include visual or
digital hazard alerting to nearby road users
when the vehicle executes or enters a minimal
risk condition, including by automatically
activating high-conspicuity lighting patterns
or transmitting digital hazard messages to
connected vehicles or roadway infrastructure;
(vii) provide standards for data
collection, data standardization, and record-
keeping, including, at a minimum, recordkeeping
of sensor and ADS engagement and disengagement
status data, for manufacturers of ADS-equipped
commercial motor vehicles when such a vehicle
is involved in a crash;
(viii) provide minimum standards and
requirements for manufacturers to demonstrate
that an ADS or ADS-equipped vehicle meets the
competencies described in section
31140(b)(1)(B)(x) of title 49, United States
Code;
(ix) update requirements and procedures for
the Compliance, Safety, and Accountability
program of the Federal Motor Carrier Safety
Administration and the Safety Measurement
System utilized by the Compliance, Safety, and
Accountability program to account for ADS-
equipped commercial motor vehicles;
(x) provide additional limitations or
restrictions for ADS-equipped commercial motor
vehicles engaged in integrated service
operations; and
(xi) consider the applicability of part 395
of title 49, Code of Federal Regulations, to
remote assistants and driverless operations
dispatchers, and make any necessary updates to
the requirements and procedures to account for
such assistants and dispatchers.
(5) Prohibition.--In issuing the rulemaking under
subparagraph (B), the Secretary shall not--
(A) exempt any vehicle operating under section 5112
of title 49, United States Code, from being subject to
the attendance and surveillance requirements under part
397.5 of title 49, Code of Federal Regulations;
(B) exempt the operator of an ADS- equipped
commercial motor vehicle from any applicable
inspections required by parts 392.7, 396.11, or 396.9
of title 49, Code of Federal Regulations; or
(C) exempt DDT fallback-ready users, remote
drivers, or remote assistants capable of issuing
commands to an ADS-equipped vehicle from being subject
to relevant requirements under 350 through 399 of title
49, Code of Federal Regulations.
(6) Rules of construction.--The rules of construction under
section 31140(d) of title 49, United States Code (as added by
this section), shall apply to this subsection.
(7) Definitions.--In this subsection:
(A) Applicable terms.--The terms ``ADS'', ``ADS-
equipped commercial motor vehicle'', ``DDT fallback-
ready user'', ``driverless operations dispatcher'',
``MRC'', ``remote driver'', ``remote assistant'',
``Level 4'', and ``Level 5'' have the meanings given
such terms in section 31132 of title 49, United States
Code.
(B) Labor organization.--The term ``labor
organization'' has the meaning given the term in
section 10002(15) of the Research and Development,
Competition, and Innovation Act (42 U.S.C. 18901(15)).
SEC. 5403. REVIEW AND PREEMPTION OF STATE LAWS AND REGULATIONS.
Section 31141(a) of title 49, United States Code, is amended by
inserting ``, including ADS-equipped commercial motor vehicle safety,''
after ``commercial motor vehicle safety''.
SEC. 5404. ENSURING REGULATORY FLEXIBILITY FOR SAFETY TECHNOLOGIES.
Section 31113(b) of title 49, United States Code, is amended--
(1) by striking ``include a safety'' and inserting the
following: ``include--
``(1) a safety'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) automated driving system technologies or
equipment.''.
SEC. 5405. REGULATORY INTERPRETATIONS.
(a) In General.--Notwithstanding sections 392.22(b), 393.95(f), and
393.25(e) of title 49, Code of Federal Regulations, or any successor
regulations, cab-mounted warning beacons shall be considered
permissible warning devices for a commercial motor vehicle stopped upon
the traveled portion or the shoulder of a highway for any cause other
than necessary traffic stops and may be used in lieu of warning devices
required under section 393.95(f) of such title.
(b) Prohibition.--The Administrator of the Federal Motor Carrier
Safety Administration shall only take administrative action that is
consistent with the requirements of this section and that may be
necessary to make technical or conforming amendments.
(c) Rule of Construction.--Nothing in this section shall be
construed to require a commercial motor vehicle to be equipped with, or
use, cab-mounted warning beacons.
(d) Cab-mounted Warning Beacons Defined.--In this section, the term
``cab-mounted warning beacons'' means auxiliary, exterior lamps that
are mounted on the cab of a commercial motor vehicle in a position
where such lamps are visible to approaching traffic, and are amber in
color, flash, and meet the class 1 photometric performance requirements
of the standard of the Society of Automotive Engineers International
titled ``Directional Flashing Optical Warning Devices for Authorized
Emergency, Maintenance and Service Vehicles''.
SEC. 5406. NATIONAL CONSUMER COMPLAINT DATABASE.
Section 4214(a) of SAFETEA-LU (49 U.S.C. 14701 note) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period and the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) collect information on safety violations specific to
ADS-equipped commercial motor vehicles (as such term is defined
in section 31132 of title 49, United States Code) and display
such information in a manner that allows the information to be
displayed both separately and aggregated with information
collected under paragraph (1).''.
SEC. 5407. COMMERCIAL MOTOR VEHICLE WORKFORCE DEVELOPMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish a workforce development
program to make grants for eligible projects to support the commercial
motor vehicle workforce, including--
(1) strengthening employment opportunities for professional
drivers, mechanics, and related occupations whose duties affect
the safety and operation of commercial motor vehicles within
the transportation industry; and
(2) training individuals to safely operate and maintain
ADS-equipped commercial motor vehicles.
(b) Eligible Projects.--For purposes of the program established
under subsection (a), an eligible project is a project--
(1) to train current commercial driver's license holders on
safe operation and maintenance of ADS-equipped commercial motor
vehicles;
(2) to establish or improve a registered apprenticeship,
internship, or scholarship program for individuals pursuing
employment in the trucking workforce, including vehicle
maintenance technicians, and interested in working with new and
emerging technologies;
(3) to support targeted outreach and partnerships with the
transportation industry, economic development organizations,
workforce development boards, and labor organizations to
support the commercial motor vehicle workforce;
(4) to support the current workforce in adapting to the
impacts of new and emerging technologies on the transportation,
transit, and logistics industries; and
(5) to otherwise enhance or expand the commercial motor
vehicle workforce.
(c) Applications.--An application for a grant made under the
program established in subsection (a) may be submitted, in such form as
the Secretary may specify, by--
(1) a State, local, territorial, or Tribal governmental
agency;
(2) an institution of higher education or a postsecondary
vocational institution;
(3) a labor organization representing commercial motor
vehicle operators or mechanics and other maintenance user for
commercial motor vehicles;
(4) a non-profit organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from taxation under section 401(a) of such Code.
(d) Technical Assistance.--The Secretary may set aside up to 2
percent of the funds appropriated to carry out this section to provide
technical assistance to eligible applicants for a grant under this
section.
(e) Report.--Not later than 1 year after the program is established
under subsection (a), and annually thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the administration of the
program that includes--
(1) a summary of projects awarded grants under this section
and the progress of each recipient towards fulfilling program
expectations; and
(2) recommendations to Congress, governmental agencies,
educational institutions, labor organizations representing
transportation workers, the autonomous commercial motor vehicle
industry, and other stakeholders to better support the
commercial motor vehicle workforce.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $27,500,000 for fiscal year 2027;
(2) $28,000,000 for fiscal year 2028;
(3) $28,600,000 for fiscal year 2029;
(4) $29,200,000 for fiscal year 2030; and
(5) $29,800,000 for fiscal year 2031.
(g) Definitions.--In this section:
(1) Ads-equipped commercial motor vehicle.--The term ``ADS-
equipped commercial motor vehicle'' has the meaning given such
term in section 31132 of title 49, United States Code.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(3) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the meaning given
such term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
TITLE VI--INNOVATION
SEC. 6001. STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION
GRANT PROGRAM.
Section 25005 of the Infrastructure Investment and Jobs Act (23
U.S.C. 502 note) is amended--
(1) in subsection (d)(3)--
(A) in subparagraph (A)--
(i) in clause (i)--
(I) by striking subclause (III);
and
(II) by redesignating subclauses
(IV) and (V) as subclauses (III) and
(IV), respectively; and
(ii) in clause (ii)(IV) by striking
``connect or expand access for underserved or
disadvantaged populations and''; and
(B) in subparagraph (B)--
(i) by redesignating clauses (ii) through
(viii) as clauses (iii) through (ix),
respectively; and
(ii) by inserting after clause (i) the
following:
``(ii) promote new and emerging
technologies that have not been widely
deployed;'';
(2) in subsection (e)(1)(A)(vii) by striking ``to support''
through the period at the end and inserting ``that is
predominantly used in or to support transportation
activities'';
(3) in subsection (f)(3) by inserting ``and annually
thereafter through 2031,'' after ``under this section,''; and
(4) in subsection (g)(1) by striking ``each of the first 5
fiscal years beginning after the date of enactment of this
Act'' and inserting ``each of fiscal years 2027 through 2031''.
SEC. 6002. TECHNOLOGY DEPLOYMENT.
Section 503(c) of title 23, United States Code, is amended--
(1) in paragraph (3)(D) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031'';
(2) in paragraph (3)(E) by striking ``3 years'' and
inserting ``2 years'';
(3) in paragraph (4)--
(A) in the heading by striking ``and innovative
mobility'';
(B) in subparagraph (B)--
(i) in clause (iv) by striking ``protect
the environment and'';
(ii) by striking clause (xii);
(iii) in clause (x) by adding ``or'' at the
end; and
(iv) in clause (xi) by striking ``; or''
and inserting a period;
(C) in subparagraph (E)--
(i) in clause (xv) by striking ``; or'' and
inserting a semicolon;
(ii) in clause (xvi) by striking the period
and inserting ``; or''; and
(iii) by adding at the end the following:
``(xvii) cybersecurity protection measures
and activities to protect against cybersecurity
threats.'';
(D) in subparagraph (I)(i) by striking ``fiscal
years 2022 through 2026'' and inserting ``fiscal years
2027 through 2031''; and
(E) in subparagraph (K) by striking ``20 percent''
and inserting ``10 percent''; and
(4) in paragraph (5)--
(A) in subparagraph (C) by striking ``fiscal years
2022 through 2026'' and inserting ``fiscal years 2027
through 2031''; and
(B) in subparagraph (D)(i)--
(i) in subclause (I) by striking ``and'' at
the end;
(ii) in subclause (II) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(III) any recommendations or best
practices to encourage wider deployment
and implementation of advanced digital
management systems by States.''.
SEC. 6003. STRATEGIC INNOVATION FOR REVENUE COLLECTION.
Section 13001 of the Infrastructure Investment and Jobs Act (23
U.S.C. 503 note) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (A)--
(i) by striking ``To test'' and all that
follows through ``including among'' and
inserting ``To test the design, acceptance, and
implementation of user-based alternative
revenue mechanisms at the State and regional
level, and with respect to all types of roadway
users, including users in''; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) urban, suburban, and rural areas.'';
and
(B) in subparagraph (G) by inserting ``and
effectiveness'' after ``the ease'';
(2) in subsection (d) by inserting ``and annually
thereafter,'' after ``this Act,''; and
(3) in subsection (e)(1) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''.
SEC. 6004. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.
Section 13002 of the Infrastructure Investment and Jobs Act (23
U.S.C. 503 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``demonstrate'' and inserting
``implement'';
(ii) in subparagraph (A) by striking
``and'' at the end;
(iii) in subparagraph (B) by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) to preserve the `user-pays' principle of the
Highway Trust Fund.''; and
(B) in paragraph (2)--
(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 collect and report data on--
``(i) the differential effects of a
national per-mile road usage charge and the
Federal motor fuels tax between urban and rural
drivers; and
``(ii) the interoperability of road usage
charge collection between the States.'';
(2) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A) by
inserting ``, testing, and evaluating'' after
``selecting'';
(B) in subparagraph (E) by inserting ``and data
from the entities that received grants under section
13001'' before the period at the end;
(C) in subparagraph (F) by striking ``stations''
and inserting ``and motor vehicle inspection
stations'';
(D) by redesignating subparagraph (G) as
subparagraph (I); and
(E) by inserting after subparagraph (F) the
following:
``(G) Reporting by volunteer participants,
including reporting through State departments of motor
vehicles.
``(H) Odometer-based systems.'';
(3) in subsection (f)(2)(A) by inserting ``and the vehicles
of such participants'' after ``participants'';
(4) in subsection (g)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``Not later than 90 days after
the date of enactment of this Act'' and
inserting ``Not later than 30 days after the
date of enactment of the BUILD America 250
Act'';
(ii) in subparagraph (B) by striking
``and'' at the end;
(iii) in subparagraph (C) by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) identifying information gaps to be addressed
by the strategic innovation for revenue collection
program established under section 13001.''; and
(B) in paragraph (3) by inserting ``, and the
Secretary shall provide such recommendations 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'' after ``pilot program'';
(5) in subsection (h)(1)--
(A) in the matter preceding subparagraph (A) by
striking ``may'' and inserting ``shall''; and
(B) in subparagraph (B) by inserting ``strategic
innovation for revenue collection program established
under section 13001 and the'' after ``from the''; and
(6) in subsection (n) by striking paragraph (1) and
inserting the following:
``(1) progress made toward achieving the objectives
described in subsection (b)(2);''; and
(7) in subsection (o)(1) by striking ``2022 through 2026''
and inserting ``2027 through 2031''.
SEC. 6005. ITS ADVISORY COMMITTEE.
Section 515(h)(2) of title 23, United States Code, is amended--
(1) by redesignating subparagraphs (Q) through (W) as
subparagraphs (R) through (X), respectively; and
(2) by inserting after subparagraph (P) the following:
``(Q) a representative from a labor organization
representing transportation workers;''.
SEC. 6006. ENCOURAGED USE OF DIGITAL PLATFORMS.
(a) In General.--Section 102(h) of title 49, United States Code, is
amended--
(1) in paragraphs (5) and (6) by striking ``Center'' each
place it appears and inserting ``Executive Director''; and
(2) by adding at the end the following:
``(D) Encouraged use of digital platforms.--The
Executive Director, in coordination with the
appropriate operating administrations within the
Department, shall, as appropriate, encourage recipients
of Federal funds provided by the Department to utilize
digital platforms, such as interactive cloud-based
platforms or 3-dimensional digital models of
infrastructure project elements, when carrying out
environmental reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Executive Director of the Interagency Infrastructure
Permitting Improvement Center of the Department shall publish
technology-neutral guidance to facilitate the adoption of digital
platforms by sponsors of projects that receive Federal funds from the
Department that are required to carry out the environmental impact
analysis and community engagement processes under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 6007. NONTRADITIONAL AND EMERGING TRANSPORTATION TECHNOLOGY
COUNCIL.
Section 313 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (3) by striking ``; and'' and
inserting ``, including--
``(A) State and local transportation officials;
``(B) transportation industry associations;
``(C) academia and research institutes;
``(D) representatives from labor organizations
representing transportation workers; and
``(E) other stakeholders as determined appropriate
by the Council;'';
(B) in paragraph (4) by striking the period at the
end and inserting ``, including digital infrastructure;
and''; and
(C) by adding at the end the following:
``(5) identify cases where nontraditional and emerging
technologies may be beneficial across multiple modal
administrations.''; and
(2) in subsection (h)--
(A) by striking ``2026'' and inserting ``2031'';
and
(B) by striking ``describing'' and all that follows
through the period at the end and inserting
``describing--
``(1) the activities of the Council during the preceding
calendar year; and
``(2) how each modal administration of the Department of
Transportation is incorporating nontraditional and emerging
technologies the Council has identified as beneficial into the
initiatives of the administration.''.
SEC. 6008. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
(a) In General.--Section 5505 of title 49, United States Code, is
amended--
(1) in subsection (b)(4)(B)(vi) by inserting ``to State and
local transportation officials'' after ``disseminate results'';
(2) in subsection (c)(4)(A) by striking ``not more than'';
and
(3) in subsection (d)(3) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''.
(b) Rule of Construction.--Nothing in this section shall be
construed to require the Secretary to provide a greater number of
grants under section 5505 of title 49, United States Code, than there
are eligible applicants.
SEC. 6009. PROHIBITION RELATED TO CERTAIN FOREIGN-MADE LIDAR
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Covered foreign country; covered lidar company; covered
lidar technology; lidar.--The terms ``covered foreign
country'', ``covered LiDAR company'', ``covered LiDAR
technology'' , and ``LiDAR'' have the meanings given those
terms in section 164(e) of the Servicemember Quality of Life
Improvement and National Defense Authorization Act for Fiscal
Year 2025 (10 U.S.C. note prec. 4651; Public Law 118-159).
(2) Recipient.--The term ``recipient'' means a person or
entity, including a State or local governmental authority, that
receives Federal financial assistance from the Department.
(3) Subrecipient.--The term ``subrecipient'' means a person
or entity, including a State or local governmental authority,
that receives Federal financial assistance indirectly from the
Department through a recipient for purposes of carrying out a
contract or an award agreement, including a loan.
(b) Prohibition on Use or Procurement of Certain LiDAR.--
(1) In general.--Except as provided in paragraph (3), the
Secretary may not--
(A) procure or obtain--
(i) any covered LiDAR technology;
(ii) any LiDAR technology otherwise
produced or provided by a covered LiDAR
company; or
(iii) any LiDAR technology produced in or
provided by a covered foreign country; or
(B) enter into, extend, or renew a contract, award
agreement, or loan with any entity unless the entity
certifies to the Secretary that no recipient or
subrecipient party to the relevant contract, award
agreement, or loan will obligate or expend Federal
financial assistance associated with such contract,
award agreement, or loan to procure or obtain covered
LiDAR technology described in clause (ii) or (iii) of
subparagraph (A).
(2) Waiver.--The Secretary may waive the prohibition under
paragraph (1) on a case-by-case basis by submitting to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, not later than 15 days before the
applicable activity is carried out--
(A) a written certification that the activity to
which the prohibition applies and for which a waiver
will be provided is in the national interest of the
United States; and
(B) a description of the activity for which the
waiver will be provided.
(3) Exemption.--Paragraph (1) shall not apply to any grant,
operation, procurement, or contracting action that is--
(A) performed by a Federal agency or through a
contract or subcontract on behalf of a Federal agency;
(B) determined by the Secretary to be used for
transportation safety purposes, including testing,
research, evaluation, analysis, investigation, or
training related to transportation safety; and
(C) not for commercial operations.
(c) Effective Date.--The prohibition under subsection (b) shall
only apply to a written agreement, grant agreement, or contract entered
into by the Secretary on or after the date that is 1 year after the
date of enactment of this Act.
SEC. 6010. DATA PRIVACY.
(a) In General.--In carrying out any activity of the Department
related to predictive analytics, telematics, or any other validated
methodology tools, the Secretary shall, to the maximum extent
practicable, ensure that personally identifiable information is
protected in accordance with applicable Federal privacy laws.
(b) Interoffice Coordination.--In carrying out subsection (a), the
Secretary shall ensure that, with respect to the use of any tool
described in subsection (a), all practices relating to the protection
of personally identifiable information are consistent across each
office and operating administration of the Department, including the--
(1) Federal Highway Administration;
(2) National Highway Traffic Safety Administration;
(3) Office of the Assistant Secretary for Research and
Technology; and
(4) Intelligent Transportation Systems Joint Program
Office.
(c) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall develop and issue guidance on best
practices for--
(1) anonymizing and securing safety-related data and
protecting personally identifiable information;
(2) promoting transparency and accountability in the use of
predictive analytics, telematics, and other data-driven tools;
and
(3) ensuring that safety-related data and technologies are
grounded in validated methodologies to ensure reliability and
effectiveness.
(d) Rule of Construction.--Nothing in subsection (a) shall be
construed by the Secretary to preclude the use of innovative
technologies or data sources that support safety outcomes and comply
with applicable privacy protections.
SEC. 6011. STUDY ON ADOPTION AND DEPLOYMENT OF NEW AND EMERGING
TECHNOLOGIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall seek to enter into
an agreement with the Transportation Research Board of the
National Academies to conduct a study to review the strategy of
the Department to encourage the adoption of new and emerging
technologies, including digital project delivery tools and
intelligent transportation systems.
(2) Scope.--In conducting the study under subsection (a),
the Transportation Research Board shall--
(A) quantify cost savings and safety benefits
related to adoption of new and emerging technologies;
(B) identify potential cost increases or safety
risks related to the adoption of new and emerging
technologies;
(C) evaluate the positive and negative impacts the
adoption of new and emerging technologies has on the
transportation workforce; and
(D) provide recommendations relevant to the
findings of the study.
(b) Consultation.--In conducting the study under subsection (a),
the Transportation Research Board shall consult with--
(1) the modal administrations of the Department;
(2) State departments of transportation;
(3) a representative from a transportation safety advocacy
organization;
(4) a representative from a labor organization representing
transportation workers; and
(5) any other entities the Transportation Research Board
determines to be relevant.
(c) Report.--If the Transportation Research Board enters into an
agreement under subsection (a), not later than 18 months after the date
on which the study under subsection (a) is completed, the
Transportation Research Board shall submit to the Secretary, the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works of the
Senate, and the Committee on Commerce, Science, and Transportation of
the Senate a report describing the results of the study conducted under
subsection (a).
SEC. 6012. AUTONOMOUS VEHICLE ACCESSIBILITY STUDY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall seek to enter into an
agreement with the Transportation Research Board of the National
Academies to conduct a study to determine what changes to
transportation infrastructure would most improve the ability of
individuals with disabilities, including individuals who use
wheelchairs, to safely access and use ride-hail ADS-equipped vehicles,
by considering the following:
(1) Technological solutions for dynamic curb management.
(2) Sidewalk and roadway designs.
(3) Dedicated pick-up and drop-off zones.
(4) Curb extension.
(5) Infrastructure design.
(6) Any other factors relating to transportation
infrastructure the Secretary determines should be examined to
better enable individuals with disabilities to safely access
and use ride-hail ADS-equipped vehicles.
(b) Considerations.--The Secretary shall ensure that, in conducting
the study under subsection (a), the Transportation Research Board
considers--
(1) the degree to which each change to transportation
infrastructure considered under such study would improve ADS-
equipped vehicle access;
(2) the cost-effectiveness of such changes;
(3) the applicability or replicability of such changes in
urban, suburban, rural, and other areas; and
(4) whether existing regulatory or policy requirements pose
barriers to the efficient adoption of such changes.
(c) Reports.--
(1) Report to secretary.--If the Transportation Research
Board enters into an agreement under subsection (a), not later
than 180 days after the date on which the study under
subsection (a) is completed, the Transportation Research Board
shall submit to the Secretary a report on the results of such
study, including any recommendations determined appropriate by
the Transportation Research Board.
(2) Report to congress.--Not later than 60 days after the
date on which the Transportation Research Board submits the
report under paragraph (1), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Environment and Public Works
of the Senate, and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the results of
the study required under subsection (a), including any
recommendations for further action determined appropriate by
the Secretary.
(d) Definitions.--In this section:
(1) ADS-equipped vehicle.--The term ``ADS-equipped
vehicle'' has the meaning given to the term as provided in the
April 2021 edition of recommended practice J3016 of SAE
International titled ``Taxonomy and Definitions for Terms
Related to Driving Automation Systems for On Road Motor
Vehicles''.
(2) Ride-hail ads-equipped vehicles.--The term ``ride-hail
ADS-equipped vehicles'' means an ADS-equipped vehicle that is--
(A) offered for pre-arranged transportation
services for compensation, using an internet-enabled
application or electronic platform to connect
passengers with vehicles; and
(B) dispatched in a driverless operation.
SEC. 6013. GAO STUDY OF INTELLIGENT TRANSPORTATION SYSTEMS PHYSICAL AND
CYBER VULNERABILITIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall initiate a study on the
physical and cybersecurity risks associated with intelligent
transportation systems and advanced transportation technology.
(b) Requirements.--In conducting the study required under
subsection (a), the Comptroller General shall--
(1) assess physical and cybersecurity vulnerabilities for
data and network protection of intelligent transportation
systems;
(2) assess Federal, State, and local government procurement
of foreign-manufactured devices and undocumented communication
features in such devices; and
(3) include recommendations to the Secretary to reduce the
risk of physical or cyber vulnerabilities associated with
intelligent transportation systems and advanced transportation
technologies.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study required under subsection (a),
including any recommendations associated with such results.
(d) Classification.--The report required under subsection (c) shall
be submitted in an unclassified form, but may include a classified
annex.
(e) Intelligent Transportation System Defined.--In this section,
the term ``intelligent transportation system'' means electronics,
communications, or information processing used singly or in combination
to improve the efficiency or safety of a surface transportation system.
SEC. 6014. GAO STUDY AND REPORT ON AUTOMATED DRIVING SYSTEMS SAFETY
ASSURANCE.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall initiate a study
to assess what changes to surface transportation infrastructure may be
necessary for the safe deployment of vehicles equipped with automated
driving systems.
(b) Considerations.--In conducting the study required under
subsection (a), the Comptroller General shall evaluate--
(1) if the National Highway Traffic Safety Administration
accurately collects incident data; and
(2) if changes are needed to--
(A) data standardization requirements; and
(B) data sharing and privacy protocols.
(c) Consultation.--In conducting the study required under
subsection (a), the Comptroller General shall consult with--
(1) State departments of transportation;
(2) representatives of law enforcement;
(3) manufacturers of automated driving systems;
(4) transportation safety advocacy organizations; and
(5) other stakeholders the Comptroller General determines
appropriate.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the study
conducted under subsection (a).
SEC. 6015. TECHNICAL ASSISTANCE.
The Secretary may provide such guidance as may be necessary,
including technical assistance, to State departments of transportation
to enable the use of construction materials on Federal-aid projects
that are manufactured using a process that--
(1) produces materials with--
(A) superior durability to conventional materials;
and
(B) superior performance with respect to--
(i) compressive strength;
(ii) tensile strength; or
(iii) workability; and
(2) produces materials that meet the engineering
specifications of the State and achieve superior performance
with respect to--
(A) environmental performance; or
(B) energy efficiency.
TITLE VII--FREIGHT AND MULTIMODAL TRANSPORTATION PROGRAMS
Subtitle A--Freight Policy
SEC. 7001. NATIONAL MULTIMODAL FREIGHT POLICY.
(a) In General.--Section 70101 of title 49, United States Code, is
amended--
(1) in subsection (b)(1)(A) by striking ``the contribution
of the National Multimodal Freight Network to'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Consideration.--In awarding competitive grants under section
6701 of this title and section 117 of title 23, the Secretary shall
consider, to the maximum extent practicable--
``(1) how a project would address or eliminate bottlenecks
identified on the National Multimodal Freight Network; and
``(2) how a project would improve the movement of freight
on the National Multimodal Freight Network.''.
(b) Assessment of National Multimodal Freight Policy.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall conduct a
comprehensive review of the national multimodal freight policy
under section 70101 of title 49, United States Code, and report
to Congress.
(2) Contents.--In carrying out the review under paragraph
(1), the Comptroller General shall assess--
(A) the implementation of the national multimodal
freight policy under section 70101 of title 49, United
States Code;
(B) the extent to which the national strategic
freight plan is utilized by State transportation
departments and relevant stakeholders;
(C) requirements under subsections (b) and (c) of
section 70103 of title 49, United States Code, relating
to the designation and redesignation of the National
Multimodal Freight Network and the process for
considering input from State transportation departments
provided under subsection (b)(4) of such section;
(D) efforts made under this Act, the Infrastructure
Investment and Jobs Act (Public Law Public Law 117-58),
and the Fixing America's Surface Transportation Act
(Public Law 114-94) to improve the movement of freight;
and
(E) the effectiveness of national multimodal
freight policy in addressing freight mobility issues,
including bottlenecks on the National Multimodal
Freight Network and on other freight systems in the
United States, including such bottlenecks at highway
interchanges.
(3) Recommendations.--The report required under paragraph
(1) shall include recommendations based on the assessment of
the Comptroller General under paragraph (2), which may include
recommendations to--
(A) strengthen the national multimodal freight
policy; and
(B) address freight mobility issues through the
national multimodal freight policy, including
mitigating bottlenecks on the National Multimodal
Freight Network and on other highway systems across the
United States.
(4) Report.--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 containing the assessment
and recommendations required under this subsection.
SEC. 7002. NATIONAL FREIGHT STRATEGIC PLAN.
Section 70102 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``Internet Web site'' and
inserting ``website'';
(2) in subsection (b)--
(A) in paragraph (7), by inserting ``, including
inland maritime port facilities'' after ``intermodal
connectivity''; and
(B) in paragraph (15), by striking ``and
historically disadvantaged''; and
(3) in subsection (c)--
(A) by striking ``Not later than 5 years after the
date of completion of the national freight strategic
plan under subsection (a), and every 5 years
thereafter,'' and inserting ``Not less frequently than
every 3 years,''; and
(B) by striking ``Internet Web site'' and inserting
``website''.
SEC. 7003. NATIONAL MULTIMODAL FREIGHT NETWORK.
Section 70103 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3) by striking ``; and'' and
inserting a semicolon;
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) the following:
``(4) to identify and address freight mobility challenges,
including bottlenecks; and'';
(2) in subsection (b)--
(A) in paragraph (1)(A) by inserting ``, including
by addressing freight mobility challenges'' after
``connectivity'';
(B) in paragraph (4)--
(i) in subparagraph (B)(iii)--
(I) in subclause (IV) by striking
``; or'' and inserting a semicolon;
(II) by redesignating subclause (V)
as subclause (VII); and
(III) by inserting after subclause
(IV) the following:
``(V) a water storage facility;
``(VI) an inland maritime port
facility; or'';
(ii) in subparagraph (C)--
(I) in clause (i) by striking
``Under Secretary'' and inserting
``Assistant Secretary''; and
(II) in clause (ii)--
(aa) in the clause heading
by striking ``Under secretary''
and inserting ``Assistant
secretary''; and
(bb) by striking ``Under
Secretary'' and inserting
``Assistant Secretary''; and
(iii) in subparagraph (D) by striking
``Under Secretary'' and inserting ``Assistant
Secretary''; and
(3) by striking subsection (c) and inserting the following:
``(c) Redesignation of National Multimodal Freight Network.--The
Assistant Secretary shall, on a triennial basis and using the
designation factors described in subsection (b), redesignate the
National Multimodal Freight Network established under subsection
(a).''.
SEC. 7004. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201(c) of title 49, United States Code, is amended by
striking ``shall'' and inserting ``may''.
SEC. 7005. STATE FREIGHT PLANS.
Section 70202 of title 49, United States Code, is amended--
(1) in subsection (b)(8) by striking ``any strategies'' and
inserting ``strategies and actions the State proposes'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following:
``(h) Solutions for Bottlenecks at Highway Interchanges.--Each
State freight plan under this section shall include--
``(1) a list of freight bottlenecks, including those at
highway interchanges, if applicable; and
``(2) solutions for addressing freight bottlenecks,
including those at highway interchanges, identified under
paragraph (1).''.
SEC. 7006. FREIGHT LOGISTICS OPTIMIZATION WORKS PROGRAM.
(a) In General.--Chapter 63 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 6315. Freight Logistics Optimization Works Program
``(a) Establishment.--The Director, in coordination with the Office
of Multimodal Freight Infrastructure and Policy, shall establish and
maintain a program to be known as the `Freight Logistics Optimization
Works Program' (in this section referred to as the `FLOW Program') to
improve freight system efficiency, resilience, and supply chain
visibility through voluntary public-private data sharing.
``(b) Goals.--The goals of the FLOW Program shall be to--
``(1) enhance visibility into national and regional freight
flows;
``(2) identify and mitigate freight bottlenecks;
``(3) improve freight system forecasting and planning;
``(4) strengthen supply chain resilience; and
``(5) support data-informed freight policy development.
``(c) Participation.--Participation in the FLOW Program shall be
voluntary and may include--
``(1) port authorities;
``(2) terminal operators;
``(3) ocean carriers;
``(4) rail carriers;
``(5) motor carriers;
``(6) shippers;
``(7) logistics providers;
``(8) warehouse operators; and
``(9) any other freight stakeholders, as determined by the
Director.
``(d) Data Protection.--The Director shall ensure that data
submitted to the FLOW Program is--
``(1) aggregated and anonymized prior to dissemination;
``(2) protected in accordance with section 6307 of this
title and section 3572 of title 44; and
``(3) exempt from disclosure under section 552 of title 5.
``(e) Data Stewardship.--The Bureau shall serve as the neutral data
steward and shall develop protocols to ensure data security, integrity,
and appropriate access.
``(f) Use of Data.--Data collected under the FLOW Program may be
used to--
``(1) produce aggregated freight performance metrics;
``(2) inform freight planning and optimization; and
``(3) support emergency response and supply chain
resilience efforts.''.
(b) Coordination.--Section 118 of title 49, United States Code, is
amended--
(1) in subsection (c)--
(A) in paragraph (6) by striking ``and'' at the
end;
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) to carry out the Freight Logistics Optimization Works
Program established under section 6315, in coordination with
the Bureau of Transportation Statistics; and''; and
(2) in subsection (d)(5) by inserting ``, including data
aggregated through the Freight Logistics Optimization Works
Program established under section 6315'' after ``planning
tools''.
Subtitle B--Multimodal Policy and Programs
SEC. 7101. STREAMLINING POSITIONS WITHIN OFFICE OF THE SECRETARY.
(a) In General.--Section 102 of title 49, United States Code, is
amended--
(1) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A) by
striking ``8'' and inserting ``9'';
(B) in subparagraph (A) by striking ``an Assistant
Secretary for Governmental Affairs,'';
(C) in subparagraph (B) by striking ``who shall''
and inserting ``an Assistant Secretary for Governmental
Affairs, and an Assistant Secretary for Tribal
Government Affairs, who shall each'';
(D) in subparagraph (C) by adding ``and'' at the
end;
(E) by striking subparagraph (D); and
(F) by redesignating subparagraph (E) as
subparagraph (D); and
(2) by striking subsection (g).
(b) Conforming Amendments.--
(1) Coordination.--Section 102(j)(4) of title 49, United
States Code, is amended by striking ``subsection (e)(1)(E)''
and inserting ``subsection (e)(1)''.
(2) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended by striking ``Assistant Secretaries of
Transportation (5)'' and inserting ``Assistant Secretaries of
Transportation (9)''.
SEC. 7102. COUNCIL ON CREDIT AND FINANCE TRANSPARENCY.
Section 117 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(d) Transparency.--Not later than 15 days after a meeting of the
Council, the Secretary shall publish on the website of the Department a
summary of the meeting, including--
``(1) an agenda; and
``(2) a record of decisions and actions.''.
SEC. 7103. AMENDMENTS TO WORKING CAPITAL FUND.
Section 327 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (5) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) transferring information technology equipment,
software, and systems from Departmental sources or other
entities and collecting and maintaining a reserve at rates
which will return the full cost of transferred assets.''; and
(2) in subsection (d) by striking ``shall be reimbursed, in
advance,'' and inserting ``may be reimbursed after performance
or paid in advance''.
SEC. 7104. TRANSPORTATION ASSISTANCE FOR INTERNATIONAL GAMES.
(a) In General.--Chapter 55 of title 49, United States Code, is
amended by inserting after section 5501 the following:
``Sec. 5502. Transportation assistance for international games
``(a) Definitions.--In this section:
``(1) Covered event.--
``(A) In general.--The term `covered event' means
an event that--
``(i) in the determination of the
Secretary, is a multiday international sporting
event, including--
``(I) an Olympic, Paralympic, or
Special Olympics event;
``(II) a FIFA Women's World Cup
event; and
``(III) a FIFA World Cup event;
``(ii) is held at a site located in a State
that has been selected by an internationally
recognized governing body for the sporting
event to hold such event; and
``(iii) is not regularly held at such site.
``(B) Treatment of multiple events.--More than 1
event described in subparagraph (A), occurring in the
same stadium, city, metropolitan planning area (as
defined in section 5331), or metropolitan statistical
area (as designated by the Director of the Office of
Management and Budget), shall be treated as part of the
same overall competition, sporting event, or grouping
of competitions or sporting events and shall be
considered to be 1 covered event.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or local government entity or Indian
Tribe hosting a covered event;
``(B) a State or local government entity or Indian
Tribe that--
``(i) is supporting a covered event; and
``(ii) has jurisdiction over an area that
is located within a 100-mile radius of the
location in which the applicable covered event
is being held;
``(C) a metropolitan planning organization (as such
term is defined in section 5331) that serves an area
that is under the jurisdiction of a State, Indian
Tribe, or unit of local government described in
subparagraph (A) or (B);
``(D) an entity eligible to receive a grant under
section 24911 that operates intercity passenger rail
service within a 100-mile radius of the location in
which the applicable covered event is being held; or
``(E) the sponsor of an airport--
``(i) receiving a grant under subchapter I
of chapter 471; and
``(ii) that is located within a 100-mile
radius of the location in which the applicable
covered event is being held.
``(3) Eligible project.--The term `eligible project'
means--
``(A) a transportation project that is eligible for
assistance under any provision of this title or title
23 and that the applicant certifies--
``(i) will assist with the movement of
individuals and goods for the applicable
covered event; or
``(ii) will mitigate or prevent any adverse
effects from the transportation changes
resulting from a covered event; or
``(B) a transportation planning activity that the
applicant certifies will assist with the movement of
individuals and goods for the applicable covered event.
``(4) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(6) State.--The term `State' has the meaning given such
term in section 5302.
``(b) Grants for Transportation Projects Relating to International
Games.--
``(1) In general.--For each fiscal year in which
appropriations are provided to carry out this section, the
Secretary may make grants under this section to eligible
entities to carry out an eligible project.
``(2) Prohibition.--A grant under this section may not be
used by an eligible entity for any activities related to
preparing or submitting a bid to be selected to host a covered
event.
``(3) Award requirements.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall, with respect to
a project funded by a grant under this section, apply--
``(i) the requirements of title 23 to a
highway, road, or bridge project;
``(ii) the requirements of chapter 53 to a
transit project; or
``(iii) the requirements of section 22905
to a rail project.
``(B) Requirements for airports.--The requirements
described under chapters 501 and 471 shall apply to any
project carried out by an eligible entity described in
subsection (a)(2)(E) with amounts made available under
this section.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section,
to remain available until expended--
``(A) $50,000,000 for fiscal year 2027;
``(B) $50,000,000 for fiscal year 2028;
``(C) $50,000,000 for fiscal year 2029;
``(D) $50,000,000 for fiscal year 2030; and
``(E) $50,000,000 for fiscal year 2031.
``(c) Transportation Planning Activities.--The Secretary shall
provide technical and planning assistance to recipients of a grant
under this section, including--
``(1) by assisting State or local governmental entities,
metropolitan planning organizations, and Indian Tribes with the
development of intermodal transportation plans relating to a
covered event;
``(2) by facilitating and incentivizing programs to
temporarily pool and share, for the duration of a covered
event, buses and related equipment among State and local
governmental entities, Indian Tribes, and other governmental
and nongovernmental entities;
``(3) by expediting review and comment of any required
submissions to the Secretary relating to a covered event;
``(4) by assisting with the coordination of transportation
planning efforts between governments and the private sector;
and
``(5) by providing any other technical or planning
assistance the Secretary determines to be necessary.''.
(b) Clerical Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5501 the following:
``5502. Transportation assistance for international games.''.
SEC. 7105. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
Section 6701 of title 49, United States Code, is amended--
(1) in subsection (a)(2)(E) by inserting ``, a lessee of a
Federal surface transportation hub,'' after ``special purpose
district'';
(2) by striking subparagraph (E) of subsection (d)(1) and
inserting the following:
``(E) a public transportation project--
``(i) that is--
``(I) eligible for assistance under
chapter 53; and
``(II) part of a project described
in any of subparagraphs (A) through
(D); or
``(ii) that is--
``(I) eligible for assistance under
section 5309; and
``(II) located in an urbanized area
of 200,000 or more population; or'';
(3) in subsection (f)--
(A) in paragraph (2)--
(i) in subparagraph (B)(v) by striking
``impacts,'' and all that follows through
``resilience;'' and inserting ``impacts;''; and
(ii) in subparagraph (E) by striking ``,
including with respect to short- and long-term
job access, growth, or creation'';
(B) in paragraph (3)--
(i) in subparagraph (C) by striking
``uses'' and all that follows through
``technologies'' and inserting ``uses
innovative construction materials or
technologies'';
(ii) by redesignating subparagraphs (D)
through (F) as subparagraphs (E) through (G),
respectively;
(iii) by inserting after subparagraph (C)
the following:
``(D) whether a project would address the impact of
population growth on the movement of people and
freight; and''; and
(iv) in subparagraph (F), as so
redesignated, by striking ``transportation,
including'' and all that follows through
``rail; and'' and inserting ``transportation;
and'';
(4) in subsection (h)(1)(B) by striking ``for the purpose
of improving habitat for aquatic species'' and inserting ``that
are eligible under section 176(d) of title 23'';
(5) in subsection (k) by striking ``30 days'' and inserting
``3 days''; and
(6) in subsection (m)--
(A) in paragraph (1) by striking ``fiscal years
2022 through 2026'' and inserting ``fiscal years 2027
through 2031''; and
(B) in paragraph (2) by striking ``50 percent'' and
inserting ``25 percent''.
SEC. 7106. LOCAL AND REGIONAL PROJECT ASSISTANCE.
Section 6702 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking ``2014
through 2018; and'' and inserting ``2019
through 2023;'';
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) any qualified opportunity zone, as such term
is defined in section 1400Z-1 of the Internal Revenue
Code of 1986; and''; and
(B) in paragraph (2)(F) by inserting ``or a lessee
of a Federal surface transportation hub'' after
``transportation function'';
(2) in subsection (a)(3)(G) by striking ``for the purpose
of improving habitat for aquatic species'' and inserting ``that
is eligible under section 176(d) of title 23 and'';
(3) in subsection (b)(2) by inserting ``surface'' after
``impact and improve'';
(4) in subsection (d)--
(A) in paragraph (4)--
(i) in subparagraph (C) by striking ``the
project has demonstrated readiness; and'' and
inserting ``construction of the project is
reasonably expected to begin not later than 18
months after the date on which the grant
recipient is selected;'';
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following:
``(D) the project sponsor includes documentation
certifying such sponsor has notified a State department
of transportation if the project is located on a State-
owned or State-managed transportation facility; and'';
(B) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(C) by inserting after paragraph (4) the following:
``(5) Limitation.--In awarding grants under the program
established in subsection (b), the Secretary shall select grant
recipients based only on the selection criteria described in
paragraphs (3) and (4).'';
(5) in subsection (e)--
(A) in paragraph (2) by striking ``, a historically
disadvantaged community,''; and
(B) by adding at the end the following:
``(4) Pre-award authority.--
``(A) In general.--The Secretary shall provide pre-
award authority for eligible pre-award activities to
permit expenses to be incurred by a recipient during
the period beginning on the date on which the recipient
is selected and ending on the date on which the grant
agreement is signed.
``(B) Eligible pre-award activities.--The Secretary
shall make publicly available in the notice of funding
opportunity the eligible pre-award activities for an
award under this section which shall be similar in
nature to eligible pre-award activities granted to
applicants under section 5309.'';
(6) in subsection (f)(2)--
(A) in the heading by striking ``Historically
disadvantaged communities and areas'' and inserting
``Areas''; and
(B) by striking ``historically disadvantaged
communities or'';
(7) in subsection (g)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Treatment.--Amounts provided under this subsection
shall not be considered a guarantee of future selection of the
applicable project under the program.'';
(8) in subsection (j) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''; and
(9) in subsection (k)(2) by striking ``Not later than'' and
all that follows through ``shall'' and inserting ``Not less
frequently than every 2 years, the Comptroller General of the
United States shall''.
SEC. 7107. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION GRANT
PROGRAM.
Section 6703 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1) by
striking ``or weirs that'' and inserting ``or weirs,
including projects that''; and
(B) in paragraph (2) by striking ``may include''
and all that follows through ``weir improvements'' and
inserting ``shall include infrastructure to facilitate
fish passage around or over the weir''; and
(2) in subsection (c)--
(A) in paragraph (1) by inserting ``or the District
of Columbia'' after ``a State'';
(B) in paragraph (2) by striking ``or'' at the end;
(C) in paragraph (3) by striking the period and
inserting ``; or''; and
(D) by adding at the end the following:
``(4) any combination or consortium of an entity described
in paragraphs (1) through (3).''.
SEC. 7108. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT PILOT EXTENSION.
Section 21205 of the Infrastructure Investment and Jobs Act (49
U.S.C. 116 note) is amended--
(1) in subsection (f)--
(A) in paragraph (1) by striking ``2026'' and
inserting ``2031'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2); and
(2) in subsection (g) by striking ``the date that is 5
years after the date of enactment of this Act'' and inserting
``October 1, 2031''.
SEC. 7109. ADVISORY COMMITTEE ON CARGO THEFT AND FREIGHT FRAUD.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish an advisory
committee to provide advice and recommendations to the Secretary on
regulations and policies to better deter and address cargo theft and
freight fraud.
(b) Membership.--The advisory committee established under
subsection (a) shall be composed of not more than 20 members, appointed
by the Secretary, including representatives of--
(1) Federal law enforcement agencies;
(2) local and State law enforcement agencies;
(3) motor carriers, including independent owner-operators;
(4) shipping and logistics companies, including third-party
logistics providers;
(5) brokers;
(6) multimodal freight operators, including port and marine
terminal operators;
(7) cybersecurity professionals; and
(8) other stakeholders that the Secretary determines
appropriate.
(c) Considerations.--The advisory committee established under
subsection (a) shall consider--
(1) the various types of cargo theft, including--
(A) theft in which an entire load of cargo is
physically stolen from a location;
(B) theft in which part of a load of cargo is
stolen from an unattended trailer; and
(C) theft in which specific cargo is stolen, which
may involve fleet impersonation or double-brokering;
(2) the geographic and type of location at which cargo
theft occurs;
(3) the type of cargo being stolen;
(4) the financial costs of cargo theft, including--
(A) the indirect financial costs to consumers;
(B) supply chain operational disruptions;
(C) chain-of-custody responsibilities between
carriers and customers; and
(D) insurance costs;
(5) the role of law enforcement and the cross-
jurisdictional nature of freight movement;
(6) physical and cybersecurity measures used by carriers to
combat cargo theft, including zero trust verification and
detection of emulators and voice over internet protocol
numbers; and
(7) regulations, policies, and guidance of the Department
related to motor carriers, including motor carrier
registration, data exchange and verification, and supply chain
integrity.
(d) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the advisory
committee established under subsection (a) shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) describes the advice and recommendations made to the
Secretary under subsection (a); and
(2) includes an assessment of progress made by the
Secretary in addressing cargo theft and freight fraud.
TITLE VIII--MISCELLANEOUS
SEC. 8001. TITLE 23 TECHNICAL CORRECTIONS.
(a) Title 23 Chapter Analysis.--The chapter analysis for title 23,
United States Code, is amended by striking the item relating to chapter
1 and inserting the following:
``1. Federal-Aid Highways................................... 101.''.
(b) Metropolitan Transportation Planning.--Section 134(a)(1) of
title 23, United States Code, is amended--
(1) by striking ``areas'' and inserting ``areas,''; and
(2) by striking ``employment,,'' and inserting
``employment,''.
(c) Enforcement of Requirements.--Section 141(b) of title 23,
United States Code, is amended--
(1) in paragraph (1) by striking ``subsection (b) of this
section'' and inserting ``subsection (a)'';
(2) in paragraph (2) by striking ``subsection (b) of this
section'' and inserting ``subsection (a)''; and
(3) in paragraph (3) by striking ``of this subsection''.
(d) Safety Incentives to Prevent Operation of Motor Vehicles by
Intoxicated Persons.--Section 163(f) of title 23, United States Code,
is amended to read as follows:
``(f) Availability of Funds.--Notwithstanding section 118(b), funds
authorized by this subsection shall remain available until expended.''.
SEC. 8002. TITLE 49 TECHNICAL CORRECTIONS.
(a) Regulation of Solid Waste Rail Transfer Facilities.--Section
10908(a) of title 49, United States Code, is amended by inserting a
comma after ``(42 U.S.C. 6903(29))''.
(b) Situations Requiring Immediate Action to Serve the Public.--
Section 11123(f) of title 49, United States Code, is amended by
striking ``section 24102(4)'' and inserting ``section 24102''.
(c) Chapter 117 Analysis.--The analysis for chapter 117 of title
49, United States Code, is amended by striking the item relating to
section 11708 and inserting the following:
``11708. Voluntary arbitration of certain rail rates and practices
disputes.''.
(d) Miscellaneous Motor Carrier Transportation Exemptions.--Section
13506(a)(14) of title 49, United State Code, is amended by striking
``section 13904(d)'' and inserting ``section 13904(f)''.
(e) Chapter 139 Analysis.--The analysis for chapter 139 of title
49, United States Code, is amended by striking the item relating to
section 13901 and inserting the following:
``13901. Requirements for registration.''.
(f) Effective Periods of Registration.--Section 13905(d)(2)(B)(iii)
of title 49, United States Code, is amended by striking ``for
failure''.
(g) Security of Motor Carriers, Motor Private Carriers, Brokers,
and Freight Forwarders.--Section 13906 of title 49, United States Code,
is amended--
(1) in subsection (a)(1) by striking ``paragraph (3) of
this subsection'' and inserting ``paragraph (4)'';
(2) in subsection (b)(7)(C) by striking ``to provider'' and
inserting ``to provide''; and
(3) in subsection (c)(2)(A)(ii) by striking ``in the case''
and inserting ``in a case in which''.
(h) Unified Carrier Registration System Plan and Agreement.--
Section 14504a of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``section 13903(b)'' and
inserting ``section 13903(d)''; and
(2) in subsection (c)(2) by striking ``which'' and
inserting ``for which''.
(i) State Participation.--Section 20105(a) of title 49, United
States Code, is amended--
(1) by striking ``The Secretary concerned'' and inserting
``A Secretary concerned'';
(2) by striking ``issued by the Secretary that'' and
inserting ``issued by such Secretary''; and
(3) by striking ``submits to the Secretary concerned'' and
inserting ``submits to such Secretary''.
(j) Employee Protections.--Section 20109 of title 49, United States
Code, is amended--
(1) in subsection (a)(1)(A) by striking ``of title 5'' and
inserting ``of title 5)'';
(2) in subsection (d)(2)(A)(i) by striking ``(d)(1)'' and
inserting ``subsection (d)(1)'';
(3) in subsection (d)(2)(A)(iii) by striking ``in 42121.''
and inserting ``in section 42121.''; and
(4) in subsection (d)(4) by striking ``42121(b),'' and
inserting ``42121(b)''.
(k) Subtitle V Analysis.--The chapter analysis for subtitle V of
title 49, United States Code, is amended--
(1) by striking the item relating to chapter 224 and
inserting the following:
``224. Railroad Rehabilitation and Improvement Financing.... 22401.'';
(2) by striking the item relating to chapter 227 and
inserting the following:
``227. State Rail Plans..................................... 22701.'';
(3) by striking the item relating to chapter 242 and
inserting the following:
``242. Project Delivery...................................24201.''; and
(4) by striking the item relating to chapter 251 and
inserting the following:
``251. Passenger Rail Planning.............................. 25101.''.
(l) Chapter 201 Analysis.--The analysis for chapter 201 of title
49, United States Code, is amended--
(1) by striking the item relating to section 20106 and
inserting the following:
``20106. Preemption.''; and
(2) by striking the item relating to section 20165 and
inserting the following:
``20165. Limitations on non-Federal alcohol and drug testing.''.
(m) Enforcement Report.--Section 20120 of title 49, United States
Code, is amended--
(1) in subsection (a) by striking ``Beginning'' and all
that follows through ``an annual report that'' and inserting
``The Secretary of Transportation shall submit an annual report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that--'';
(2) in subsection (a)(4) by striking ``provide the
information'' and inserting ``provides the information''; and
(3) by adding at the end the following:
``(b) Public Availability.--The Secretary shall--
``(1) make the report required to be submitted under
subsection (a) publicly available; and
``(2) publish such report on the website of the Department
of Transportation not later than December 31 of each year.''.
(n) Implementation of Positive Train Control Systems.--Section
20157 of title 49, United States Code, is amended--
(1) in subsection (k) by striking ``Act'' and inserting
``subsection''; and
(2) in subsection (l) by striking ``subject to (a)(1)'' and
inserting ``subject to subsection (a)(1)''.
(o) Requirements for Railroad Freight Cars Placed Into Service in
the United States.--Section 20171(c)(3)(B) of title 49, United States
Code, is amended by striking ``Railroad's'' and inserting
``Railroads'''.
(p) Nonapplication, Exemption, and Alternate Hours of Service
Regime.--Section 21102(c)(4) of title 49, United States Code, is
amended by redesignating subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively.
(q) Capital Grants for Class II and Class III Railroads.--Section
22301(e)(2) of title 49, United States Code, is amended by striking
``the subchapter'' and inserting ``subchapter''.
(r) Authorization of Appropriations.--Section 22406 of title 49,
United States Code, is amended in the section heading by striking
``appropriations.'' and inserting ``appropriations''.
(s) Definitions.--Section 22701 of title 49, United States Code, is
amended by striking ``In this subchapter'' and inserting ``In this
chapter''.
(t) Content.--Section 22705(a)(11) of title 49, United States Code,
is amended by striking ``subchapter'' and inserting ``chapter''.
(u) Chapter 229 Analysis.--The analysis for chapter 229 of title
49, United States Code, is amended by striking the item relating to
22902 and inserting the following:
``22902. Capital investment grants to support intercity passenger rail
service.''.
(v) Capital Investment Grants to Support Intercity Passenger Rail
Service.--Section 22902 of title 49, United States Code, is amended--
(1) in subsection (c)(3)(A)(vii) by striking
``5302(a)(1)(G)'' and inserting ``5302(5)'';
(2) in subsection (d) by striking ``22506'' and inserting
``22706'';
(3) in subsection (e) by striking ``22504(a)(5)'' and
inserting ``22705''; and
(4) in subsection (k) by striking ``section 209(d) of that
Act'' and inserting ``chapter 229''.
(w) Chapter 243 Analysis.--The analysis for chapter 243 of title
49, United States Code, is amended by striking the item relating to
section 24316 and inserting the following:
``24316. Plans to address needs of families of passengers involved in
rail passenger accidents.''.
(x) Status and Applicable Laws.--Section 24301(a)(1) of title 49,
United States Code, is amended by striking ``20102(2)'' and inserting
``20102''.
(y) Chapter 247 Analysis.--The analysis for chapter 247 of title
49, United States Code, is amended--
(1) in the item relating to section 24702 by adding a
period at the end; and
(2) by striking the item relating to section 24710 and
inserting the following:
``24710. Long-distance routes.''.
(z) State-supported Routes Operated by Amtrak.--Section
24712(a)(7)(B)(i) of title 49, United States Code, is amended by
striking ``20901 note'' and inserting ``24101 note''.
(aa) Northeast Corridor Commission; Safety Committee.--Section
24905 of title 49, United States Code, is amended--
(1) in the section heading by striking ``Commission; safety
committee'' and inserting ``Commission''; and
(2) in subsection (c)(1)(D) by striking ``subparagraph
(B);'' and inserting ``subparagraph (B); and''.
(bb) Federal-State Partnership for Intercity Passenger Rail.--
Section 24911(e) of title 49, United States Code, is amended--
(1) in paragraph (3) by striking ``24904(a)'' and inserting
``24904(b)''; and
(2) in paragraph (4) by striking ``24904(d)'' and inserting
``24904(a)(3)''.
(cc) Definitions.--Section 26105(1) of title 49, United States
Code, is amended by striking ``contracts,,'' and inserting
``contracts,''.
(dd) Rail Police Officers.--Section 28101(c)(1) of title 49, United
States Code, is amended by striking ``police office'' and inserting
``police officer''.
(ee) Chapter 285 Analysis.--The analysis for chapter 285 of title
49, United States Code, is amended by striking the item relating to
section 28501 and inserting the following:
``28501. Definitions.''.
(ff) Subtitle VI Analysis.--The analysis for subtitle VI of title
49, United States Code, is amended by striking the item relating to
chapter 311 and inserting the following:
``311. Commercial Motor Vehicle Safety...................... 31100.''.
(gg) Special Exemptions.--Section 30114(a) of title 49, United
States Code, is amended by striking ``(a) Vehicles Used for Particular
Purposes. The Secretary'' and inserting ``(a) Vehicles Used for
Particular Purposes.--The Secretary''.
(hh) Release of Motor Vehicles and Bonds.--Section 30146(d) of
title 49, United States Code, is amended by striking
``mispresentation'' and inserting ``misrepresentation''.
(ii) Inspections, Investigations, and Records.--Section 30166(e) of
title 49, United States Code, is amended by striking ``distributor
dealer,'' and inserting ``distributor, dealer,''.
(jj) Criminal Penalties.--Section 30170 of title 49, United States
Code, is amended--
(1) in the section heading by striking ``Criminal
Penalties'' and inserting ``Criminal penalties''; and
(2) in subsection (a)(1) by striking ``section 1365(g)(3)''
and inserting ``section 1365(h)(3)''.
(kk) Powers and Duties.--Section 30182(b)(6) of title 49, United
States Code, is amended by striking ``Department'' and inserting ``the
Department''.
(ll) Criminal Penalties.--Section 30307(a) of title 49, United
States Code, is amended by striking ``section 30305(b)(6)'' and
inserting ``section 30305(b)(11)''.
(mm) Employee Protections.--Section 31105(c) of title 49, United
States Code, is amended by striking ``paragraph (1)'' and inserting
``subsection (b)(1)''.
(nn) Property-carrying Unit Limitation.--Section 31112 of title 49,
United States Code, is amended--
(1) in subsection (c)(5) by striking ``relevant state'' and
inserting ``relevant State''; and
(2) by striking paragraph (4) of subsection (d).
(oo) Definitions.--Paragraph (8) of section 31132 of title 49,
United States Code, is amended to read as follows:
``(8) `State'--
``(A) means a State of the United States and the
District of Columbia; and
``(B) in sections 31136, 31141, and 31142, includes
a political subdivision of a State.''.
(pp) Requirement for Registration and USDOT Number.--Section 31134
of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``(2)(A) during'' and
inserting ``(2) during''; and
(2) in subsection (c)(1) by striking ``sections'' and
inserting ``section''.
(qq) Electronic Logging Devices and Brake Maintenance
Regulations.--Section 31137(a)(1) of title 49, United States Code, is
amended by striking ``be equipped'' and inserting ``to be equipped''.
(rr) Chapter 313 Analysis.--The analysis for chapter 313 of title
49, United States Code, is amended by striking the item relating to
section 31306a and inserting the following:
``31306a. National clearinghouse for controlled substance and alcohol
test results of commercial motor vehicle
operators.''.
(ss) Disqualifications.--Section 31310(d)(2) of title 49, United
States Code, is amended--
(1) by striking ``paragraph (9)'' and inserting ``paragraph
(12)''; and
(2) by striking ``7102(9)'' and inserting ``7102(12)''.
(tt) Requirements for Qualifications, Hours of Service, Safety, and
Equipment Standards.--Section 31502(e)(4) of title 49, United States
Code, is amended--
(1) in subparagraph (A) by striking ``purposes of section''
and all that follows through the period at the end and
inserting ``purposes of section 229(a)(4) of the Motor Carrier
Safety Improvement Act of 1999 (49 U.S.C. 31136 note).''; and
(2) in subparagraph (B) by striking ``under section
345(e)(6)'' and all that follows through the period at the end
and inserting ``under section 229(e)(6) of the Motor Carrier
Safety Improvement Act of 1999 (49 U.S.C. 31136 note).''.
(uu) Consumer Tire Information and Standards.--Section 32304A of
title 49, United States Code, is amended--
(1) in subsection (a)(2)(D) by striking ``program
including,'' and inserting ``program, including'';
(2) in subsection (b)(2)(A) by striking ``this Act'' and
inserting ``the FAST Act (Public Law 114-94)'';
(3) in subsection (c)(2)(C) by striking ``this Act'' and
inserting ``the FAST Act (Public Law 114-94)'' ; and
(4) in subsection (d)(3)(A) by striking ``this Act'' and
inserting ``the FAST Act (Public Law 114-94)''.
(vv) Bumper Standards.--Section 32502(c)(3) of title 49, United
States Code, is amended by striking ``section 30013(b)'' and inserting
``section 30113(b)''.
(ww) Credits.--Section 32903(a)(2) of title 49, United States Code,
is amended by striking ``paragraph (1)'' and inserting ``paragraph
(1),''.
(xx) Fuel Economy Information.--Section 32908(g)(3) of title 49,
United States Code, is amended by striking ``32905(h)'' and inserting
``32905(g)''.
TITLE IX--SPORT FISHING AND RECREATIONAL BOATING SAFETY
SEC. 9001. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c) is amended--
(1) in subsection (a) by striking ``2026'' and inserting
``2031''; and
(2) in subsection (b)--
(A) in paragraph (1)(A) by striking ``2026'' and
inserting ``2031''; and
(B) in paragraph (2)(A) by striking ``of fiscal
years 2022 through 2026'' and inserting ``fiscal year
through 2031''.
SEC. 9002. FUNDING FOR INTERSTATE FISHERIES COMMISSION ACTIVITIES.
Section 14(e) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777m(e)) is amended--
(1) by striking ``Not more than $1,200,000 of each'' and
inserting ``Each''; and
(2) in paragraph (1), by striking ``$200,000'' and
inserting ``The greater amount of either 0.0375 percent of such
appropriation or $200,000''.
SEC. 9003. BOATING INFRASTRUCTURE PRIORITIES.
(a) In General.--Section 8(g) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777g(g) is amended to read as follows:
``(g) Boating Infrastructure Grants.--
``(1) Purpose.--The purpose of this section is to provide
funds to States for the development and maintenance of
facilities for transient nontrailerable recreational vessels.
``(2) Plan.--A State may develop and submit to the
Secretary a plan for the construction, renovation, and
maintenance of facilities for transient nontrailerable
recreational vessels, and access to such facilities, to meet
the needs of nontrailerable recreational vessels operating on
navigable waters in the State.
``(3) Grants.--
``(A) Matching grants.--The Secretary of the
Interior shall obligate amounts made available under
section 777c(a)(4) 1 of this title to make grants to
any State to pay not more than 75 percent of the cost
to a State of constructing, renovating, or maintaining
facilities for transient nontrailerable recreational
vessels.
``(B) Priorities.--In awarding grants under
subparagraph (A), the Secretary shall give priority to
projects that--
``(i) consist of the construction,
renovation, or maintenance of facilities for
transient nontrailerable recreational vessels
in accordance with a plan submitted by a State
under paragraph (2);
``(ii) provide for public-private
partnership efforts to develop, maintain, and
operate facilities for transient nontrailerable
recreational vessels;
``(iii) propose innovative ways to increase
the availability of facilities for transient
nontrailerable recreational vessels; and
``(iv)(I) construct, renovate, or maintain
a strategic maritime fuels station; or
``(II) transport strategic maritime fuels
to a strategic maritime fuels station for use
by transient nontrailerable recreational
vessels.
``(4) Definitions.--In this section:
``(A) Nontrailerable recreational vessel.--The term
`nontrailerable recreational vessel' means a
recreational vessel 26 feet in length or longer--
``(i) operated primarily for pleasure; or
``(ii) leased, rented, or chartered to
another for the latter's pleasure.
``(B) Facilities for transient nontrailerable
recreational vessels.--The term `facilities for
transient nontrailerable recreational vessels' includes
mooring buoys, day-docks, navigational aids, seasonal
slips, safe harbors, or similar structures located on
navigable waters, that are available to the general
public (as determined by the Secretary of the Interior)
and designed for temporary use by nontrailerable
recreational vessels.
``(C) State.--The term `State' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(D) Strategic maritime fuel station.--The term
`strategic maritime fuel station' means a facility that
has a bulk fuel storage tank to dispense drop-in
alternative marine fuels into marine vessels.
``(E) Strategic maritime fuels.--The term
`strategic maritime fuels' means motor fuels derived
from cooking oil waste, animal fats, plant-based
materials or other production methods that meet the
requirements of a drop-in fuel for gasoline or diesel
marine engines.
``(F) Drop-in fuels.--The term `drop-in fuels'
means finished gasoline with renewable content of at
least 12.5 percent by volume not exceeding 3.7 percent
oxygen by weight for use in marine applications meeting
ASTM D4814 specifications. Renewable diesel up to 100
percent by volume and biodiesel blends up to 5 percent
by volume meeting ASTM D975 paraffinic fuel
specifications.''.
(b) Conforming Amendment.--Section 7404 of the Sportfishing and
Boating Safety Act of 1998 (16 U.S.C. 777g-1) is repealed.
TITLE X--RAILROADS AND HAZARDOUS MATERIALS
Subtitle A--Authorization of Appropriations and Grant Reforms
SEC. 10101. GRANTS TO AMTRAK.
(a) Northeast Corridor.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
Northeast Corridor the following amounts:
(1) For fiscal year 2027, $1,950,000,000.
(2) For fiscal year 2028, $2,010,000,000.
(3) For fiscal year 2029, $2,070,000,000.
(4) For fiscal year 2030, $2,131,667,000.
(5) For fiscal year 2031, $2,193,333,000.
(b) National Network.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
National Network the following amounts:
(1) For fiscal year 2027, $3,900,000,000.
(2) For fiscal year 2028, $4,020,000,000.
(3) For fiscal year 2029, $4,140,000,000.
(4) For fiscal year 2030, $4,263,333,000.
(5) For fiscal year 2031, $4,386,667,000.
(c) Oversight.--The Secretary may withhold up to 1 percent from the
amount appropriated for each fiscal year pursuant to subsections (a)
and (b) for the costs of oversight of Amtrak.
(d) State-Supported Route Committee.--The Secretary may withhold up
to $6,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for use by the State-Supported Route
Committee established under section 24712(a) of title 49, United States
Code.
(e) Northeast Corridor Commission.--The Secretary may withhold up
to $8,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (a) for use by the Northeast Corridor Commission
established under section 24905(a) of title 49, United States Code.
(f) Accessibility Upgrades.--
(1) In general.--The Secretary shall withhold from the
amount appropriated for each fiscal year pursuant to
subsections (a) and (b) $100,000,000 for grants to assist
Amtrak with capital projects to improve the accessibility of
the national rail passenger transportation system by increasing
the number of existing Amtrak facilities for which Amtrak has
the primary or shared responsibility for compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) that are compliant with the requirements of such Act and
to carry out the action plan required under section
24315(b)(1)(D) of title 49, United States Code, until the
Secretary determines Amtrak's existing facilities are in
compliance with such requirements.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the
activities authorized under such paragraph.
SEC. 10102. FEDERAL RAILROAD ADMINISTRATION.
(a) Safety and Operations.--There are authorized to be appropriated
to the Secretary for the operations of the Federal Railroad
Administration and to carry out railroad safety activities the
following amounts:
(1) For fiscal year 2027, $292,780,000.
(2) For fiscal year 2028, $300,520,000.
(3) For fiscal year 2029, $308,460,000.
(4) For fiscal year 2030, $316,620,000.
(5) For fiscal year 2031, $325,000,000.
(b) Railroad Research and Development.--There are authorized to be
appropriated to the Secretary for the use of the Federal Railroad
Administration for activities associated with railroad research and
development the following amounts:
(1) For fiscal year 2027, $48,270,000.
(2) For fiscal year 2028, $49,570,000.
(3) For fiscal year 2029, $50,910,000.
(4) For fiscal year 2030, $52,290,000.
(5) For fiscal year 2031, $53,700,000.
(c) Transportation Technology Center.--The Secretary may withhold
up to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for activities described under section
20108(d) of title 49, United States Code.
(d) Rail Research and Development Center of Excellence.--The
Secretary may withhold up to 10 percent of the amount appropriated for
each fiscal year under subsection (b) for grants authorized under
section 20108(j) of title 49, United States Code.
(e) Safety Culture Grants.--The Secretary may withhold up to
$2,500,000 from the amount appropriated for each fiscal year pursuant
to subsection (a) for grants authorized under section 20172 of title
49, United States Code.
SEC. 10103. COMPETITIVE GRANTS.
(a) Consolidated Rail Infrastructure and Safety Improvements
Grants.--
(1) In general.--There is authorized to be appropriated to
the Secretary for grants under section 22907 of title 49,
United States Code, the following amounts:
(A) For fiscal year 2027, $1,720,500,000.
(B) For fiscal year 2028, $1,770,500,000.
(C) For fiscal year 2029, $1,820,500,000.
(D) For fiscal year 2030, $1,870,600,000.
(E) For fiscal year 2031, $1,920,600,000.
(2) Rail technology and asset pilot program.--Of the
amounts authorized to be appropriated under paragraph (1), up
to $100,000,000 for each of fiscal years 2027 through 2031
shall be available to the Secretary to carry out the rail
technology and asset pilot program described in section 10408.
(3) Oversight.--The Secretary may withhold up to 2 percent
of the amount appropriated for each fiscal year pursuant to
paragraph (1) for the costs of project management oversight of
grants authorized under title 49, United States Code.
(b) Railroad Crossing Safety Improvements and Elimination
Program.--
(1) In general.--There is authorized to be appropriated to
the Secretary for grants under section 22909 of title 49,
United States Code, the following amounts:
(A) For fiscal year 2027, $675,000,000.
(B) For fiscal year 2028, $700,000,000.
(C) For fiscal year 2029, $725,000,000.
(D) For fiscal year 2030, $750,000,000.
(E) For fiscal year 2031, $800,000,000.
(2) Highway-rail grade crossing safety information and
education program.--Of the amount appropriated under paragraph
(1) in each fiscal year, 0.25 percent shall be used for
contracts or grants to carry out a highway-rail grade crossing
safety information and education program--
(A) to help prevent and reduce pedestrian, motor
vehicle, and other accidents, incidents, injuries, and
fatalities, including suicides; and
(B) to improve awareness for pedestrians and
motorists along railroad rights-of-way and at highway-
rail grade crossings.
(3) Oversight.--The Secretary may withhold up to 2 percent
from the amount appropriated for each fiscal year pursuant to
paragraph (1) for the costs of project management and oversight
of grants authorized under title 49, United States Code.
(c) National Intercity Passenger Railroad Partnership Program.--
(1) In general.--There is authorized to be appropriated to
the Secretary for grants under section 24911 of title 49,
United States Code, the following amounts:
(A) For fiscal year 2027, $3,500,000,000.
(B) For fiscal year 2028, $3,600,000,000.
(C) For fiscal year 2029, $3,700,000,000.
(D) For fiscal year 2030, $3,800,000,000.
(E) For fiscal year 2031, $3,900,000,000.
(2) Oversight.--The Secretary may withhold up to 2 percent
of an amount appropriated under paragraph (1) for the costs of
project management oversight of grants authorized under title
49, United States Code.
(3) Interstate rail compacts.--The Secretary may withhold
up to $8,000,000 from the amount appropriated for each fiscal
year pursuant to paragraph (1) for grants authorized under
section 22910 of title 49, United States Code.
SEC. 10104. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
Section 22907 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4) by inserting ``or a lessee of
a federally-owned transportation hub'' after
``States'';
(B) in paragraph (12) by striking ``A University
transportation center'' and inserting ``An institution
of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001))''; and
(C) by adding at the end the following:
``(14) A State, county, municipal, local, or regional law
enforcement agency.'';
(2) in subsection (c)--
(A) in paragraph (3) by inserting ``, including
projects that facilitate intercity passenger rail
ridership growth or improve the movement of freight by
reducing rail traffic congestion on shared rail lines
or at crossings and junctions'' before the period;
(B) in paragraph (7) by inserting ``and related
equipment, including locomotives'' before the period;
(C) in paragraph (12) by striking ``that the
Secretary considers necessary'' and all that follows
through the period and inserting the following: ``,
development, or testing that the Secretary considers
necessary to advance any particular aspect of rail-
related capital, operations, or safety improvements,
including wayside defect detection technology, rail car
and train movement monitoring technology, and advanced
systems, that enhance the safety and efficiency of
railroad operations and oversight.'';
(D) by striking paragraph (4); and
(E) by redesignating paragraphs (5) through (16) as
paragraphs (4) through (15), respectively;
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``and''
at the end;
(ii) in subparagraph (B) by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) not consider a cost-benefit analysis as part
of the selection criteria under subparagraph (C) for
projects described in paragraphs (7), (9), (10), (11),
and (12) of subsection (c) for which a cost-benefit
analysis may not be necessary, as determined by the
Secretary, and may waive any requirement for an
application for such projects to include a cost-benefit
analysis.''; and
(B) in paragraph (2)--
(i) by redesignating subparagraph (F) as
subparagraph (G); and
(ii) by inserting after subparagraph (E)
the following:
``(F) The extent to which the project increases
safety or improves the efficient movement of freight or
passengers.'';
(4) in subsection (g)(2) by striking ``urbanized area, as
defined by the Bureau of the Census'' and inserting ``urban
area, as defined by the Bureau of the Census with a population
of 50,000 or less'';
(5) in subsection (h)--
(A) in paragraph (2) by inserting ``, except that
the Secretary may waive the non-Federal cost share
requirement for a project eligible under subsection
(c)(10)'' after ``80 percent''; and
(B) in paragraph (4)--
(i) by striking ``subsection (c)(5)'' and
inserting ``subsection (c)(4)''; and
(ii) by striking ``subsection (c)(11)'' and
inserting ``subsection (c)(10)''; and
(6) by adding at the end the following:
``(m) Quarterly Report.--
``(1) In general.--The Secretary shall make available on
the website of the Department of Transportation at the end of
each quarter of each fiscal year a report that describes each
eligible project for which a grant was provided under this
section.
``(2) Requirements.--The report under paragraph (1) shall
include, for each such grant--
``(A) the name, awarded amount, and status of the
grant agreement from award announcement to obligation,
to outlay, to closeout;
``(B) whether the applicant requested and received
pre-award reimbursement and for what amount;
``(C) whether the project used a categorical
exclusion and which exclusion was used; and
``(D) whether the process under section 306108 of
title 54 has been completed or is expected to be
completed.''.
SEC. 10105. RAILROAD CROSSING SAFETY IMPROVEMENTS AND ELIMINATION
PROGRAM.
Section 22909 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (7) by striking ``through (6)''
and inserting ``through (7)'';
(B) by redesignating paragraph (7) as paragraph
(8); and
(C) by inserting after paragraph (6) the following:
``(7) A nonprofit organization that specializes in rail
safety advocacy and education.'';
(2) in subsection (f)(1)--
(A) in subparagraph (F) by striking ``and'' at the
end;
(B) in subparagraph (G) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) if applicable to the project, utilize
advanced technology and data to--
``(i) augment the scope of the project to
increase safety; and
``(ii) reduce overall costs of the
project.'';
(3) in subsection (g) by striking ``Except as provided in
paragraph (2), the'' and inserting ``The'';
(4) in subsection (j)(2) by striking ``shall transfer'' and
inserting ``may transfer''; and
(5) in subsection (k) by striking ``urbanized area'' and
inserting ``urban area''.
SEC. 10106. NATIONAL INTERCITY PASSENGER RAILROAD PARTNERSHIP PROGRAM.
(a) In General.--Section 24911 of title 49, United States Code, is
amended--
(1) by striking the heading and inserting ``National
intercity passenger railroad partnership program'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (H) by striking
``through (G)'' and inserting ``through (H)'';
(ii) in subparagraph (F) by inserting ``or
a lessee of a federally-owned transportation
hub'' after ``States'';
(iii) by redesignating subparagraphs (G)
and (H) as subparagraphs (H) and (I),
respectively; and
(iv) by inserting after subparagraph (F)
the following:
``(G) a rail carrier other than Amtrak that
provides intercity rail passenger transportation;'';
and
(B) by adding at the end the following:
``(4) Operating assistance.--The term `operating
assistance', with respect to any route subject to section 209
of the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), means any cost allocated, or that may be
allocated, to a route pursuant to the cost methodology
established under such section or under section 24712.'';
(3) in subsection (b)--
(A) by striking ``involved;.'' and inserting
``involved; and'';
(B) by striking ``competitive basis, to fund'' and
inserting the following: ``competitive basis, to--
``(1) fund''; and
(C) by adding at the end the following:
``(2) provide operating assistance under subsection (e) to
eligible entities for the purpose of restoring, enhancing, or
initiating intercity rail passenger transportation.'';
(4) in subsection (c)--
(A) in the heading by striking ``Eligible'' and
inserting ``Capital'';
(B) in the matter preceding paragraph (1) by
striking ``under this section'' and inserting
``pursuant to subsection (b)(1)''; and
(C) by adding at the end the following:
``(6) By an interstate rail compact, the procurement of
rolling stock equipment for use in a multistate equipment pool,
as well as costs related to the leasing, lease-to-own,
maintenance, and storage of such equipment to create an
equipment pool.
``(7) The lease of equipment from a multistate equipment
pool administered by an interstate rail compact, including
leasing with an intent to own.'';
(5) in subsection (d)--
(A) in the heading by inserting ``Capital'' before
``Project'';
(B) by striking ``under this section'' and
inserting ``under subsection (b)(1)'' each place it
appears;
(C) in paragraph (1)(A) by striking ``subsection
(e)(1)'' and inserting ``subsection (f)(1)'';
(D) in paragraph (1)(B)(ii) by striking ``before
the commencement of the project;'' and inserting ``and,
if applicable, demonstrates such project is supported
by an acceptable degree of non-Federal financial
commitment before the commencement of the project;'';
(E) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``an
Amtrak route'' and inserting ``an
intercity passenger rail route''; and
(II) by striking clause (iii) and
inserting the following:
``(iii) for which an applicant demonstrates
such project is partially supported by non-
Federal financial commitment; and''; and
(ii) in subparagraph (B)--
(I) in clause (i)(II) by inserting
``projected operating revenue, that may
include ticket prices'' after ``trip or
transit time,'';
(II) in clause (ii) by inserting
``, which shall include estimates of
ridership, fare collection, and travel
demand,'' after ``business plan''; and
(III) in clause (vii) by striking
the ``and'' at the end;
(F) by redesignating paragraph (3) as paragraph
(4); and
(G) by inserting after paragraph (2) the following:
``(3) in determining whether a project is supported by an
acceptable degree of non-Federal financial commitment for
purposes of paragraph (1) and (2), the Secretary shall
consider--
``(A) the credibility of forecasting methods used
to estimate costs and utilization made by an applicant
described in subsection (a)(1);
``(B) existing grant commitments;
``(C) the degree to which financing sources are
dedicated to the purposes proposed; and
``(D) the extent to which the project has financial
commitment that exceeds the required non-Federal share
of the cost of the project; and'';
(6) in subsection (f)--
(A) by striking ``this section'' each place it
appears and inserting ``subsection (b)(1)'';
(B) in paragraph (2) by striking ``, except as
specified under paragraph (4)'';
(C) by redesignating paragraphs (1) through (3) as
subparagraph (A) through (C), respectively;
(D) by inserting before subparagraph (A), as so
redesignated, the following:
``(1) Capital projects.--The following shall apply to
capital projects described in subsection (b)(1):''; and
(E) by adding at the end the following:
``(2) Operating assistance.--
``(A) Restoring or initiating service.--Grants
described in subsection (e) for projects for restoring
or initiating intercity passenger rail service may not
exceed--
``(i) 70 percent of the projected net
operating costs for the first year of service;
``(ii) 60 percent of the projected net
operating costs for the second year of service;
``(iii) 50 percent of the projected net
operating costs for the third year of service;
``(iv) 40 percent of the projected net
operating costs for the fourth year of service;
and
``(v) 30 percent of the projected net
operating costs for the fifth year of service.
``(B) Enhancing service.--Grants described in
subsection (e) for projects for enhancing intercity
passenger rail service may not exceed--
``(i) 60 percent of the projected net
operating costs for the first year of service;
``(ii) 50 percent of the projected net
operating costs for the second year of service;
``(iii) 40 percent of the projected net
operating costs for the third year of service;
``(iv) 30 percent of the projected net
operating costs for the fourth year of service;
and
``(v) 20 percent of the projected net
operating costs for the fifth year of
service.'';
(7) in subsection (g) by adding at the end the following:
``(5) Applicability.--This subsection shall not apply to
projects described under subsection (e).'';
(8) in subsection (k)--
(A) by striking ``The Secretary may withhold up
to'' and inserting the following:
``(1) In general.--The Secretary shall withhold'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively; and
(C) by adding at the end the following:
``(2) Applicability.--This subsection shall not apply to
funds appropriated on or after October 1, 2031.'';
(9) by redesignating subsections (h) through (k) as
subsections (j) through (m), respectively;
(10) by redesignating subsections (e) through (g) as
subsections (f) through (h), respectively;
(11) by inserting after subsection (d) the following:
``(e) Operating Assistance.--
``(1) Application.--An applicant for a grant under this
subsection shall submit to the Secretary--
``(A) a capital and mobilization plan that--
``(i) describes any capital investments,
service planning actions (including
environmental reviews), and mobilization
actions (including qualification of train
crews) required for initiation, enhancement, or
restoration of intercity rail passenger
transportation; and
``(ii) includes the timeline for
undertaking and completing each of the
investments and actions referred to in clause
(i);
``(B) an operating plan that describes the planned
operation of the service, including--
``(i) the identity and qualifications of
the train operator;
``(ii) the identity and qualifications of
any other service providers;
``(iii) service frequency;
``(iv) the planned routes and schedules;
``(v) the station facilities that are or
will be used;
``(vi) projected ridership, revenues, and
costs;
``(vii) projected operating revenue, which
may include ticket prices;
``(viii) descriptions of how the
projections under clauses (vi) and (vii) were
developed;
``(ix) the equipment that is or will be
used, how such equipment will be acquired or
refurbished (if needed to operate new,
enhanced, or restored service), and where such
equipment is or will be maintained; and
``(x) a plan for ensuring safe operations
and compliance with applicable safety
regulations;
``(C) a funding plan that--
``(i) describes the funding of initial
capital costs and operating costs for the first
5 years of operation;
``(ii) includes a commitment by the
applicant to provide the funding described in
clause (i) to the extent not covered by Federal
financial assistance; and
``(iii) describes the funding of operating
costs and capital costs, to the extent
necessary, after the first 5 years of
operation; and
``(D) a description of the status of negotiations
and agreements with--
``(i) each of the railroads or regional
transportation authorities whose tracks or
facilities are or would be used by the service;
``(ii) the anticipated railroad carrier, if
such carrier is not part of the applicant
group; and
``(iii) any other service providers or
entities expected to provide services or
facilities that are or will be used by the
service, including any required access to
Amtrak systems, stations, and facilities if
Amtrak is not part of the applicant group.
``(2) Prioritization.--In awarding grants under this
subsection, the Secretary shall give priority to applications--
``(A) for which planning, design, any environmental
reviews, negotiation of agreements, acquisition of
equipment, construction, and other actions necessary
for initiation of service have been completed or nearly
completed;
``(B) that include funding (including funding from
railroads), or other significant participation by
State, local, and regional governmental and private
entities;
``(C) that include a funding plan that demonstrates
the intercity rail passenger service will be
financially sustainable beyond the grant period;
``(D) that would restore service over routes in an
area affected by an emergency (as defined in section
5320);
``(E) that would enhance connectivity and
geographic coverage of the existing national network of
intercity passenger rail service; and
``(F) for routes selected under the Corridor
Identification and Development Program.
``(3) Limitations.--
``(A) Duration.--Federal operating grants
authorized under this subsection for any individual
intercity rail passenger transportation route may not
provide funding for more than 5 years and may not be
renewed.
``(B) Eligibility.--The Secretary may not renew
operating assistance under this subsection for any
project substantially similar to a project that
received financial assistance under section 22908, as
in effect on the day before the date of enactment of
the BUILD America 250 Act.
``(4) Use with capital grants and other federal funding.--A
recipient of an operating assistance grant under this
subsection may use such grant in combination with other Federal
grants awarded that would benefit the applicable service.
``(5) Coordination with amtrak.--If the Secretary awards a
grant under this subsection to a rail carrier other than
Amtrak, consistent with section 24711(c)(1), the Secretary
may--
``(A) require Amtrak to provide access to the
Amtrak-owned reservation system, stations, and
facilities that are directly related to operations to
such carrier, to the extent necessary to carry out the
purposes of this subsection; and
``(B) award an appropriate portion of the grant to
Amtrak as compensation for such access.
``(6) Conditions.--
``(A) Grant agreement.--The Secretary shall require
a grant recipient under this subsection to enter into a
grant agreement that requires such recipient to provide
information regarding the route performance, financial,
and ridership projections, and capital and business
plans that Amtrak is required to provide, and such
other data and information as the Secretary considers
necessary.
``(B) Termination.--The Secretary may terminate any
grant agreement upon--
``(i) the cessation of the applicable
service; or
``(ii) the violation of terms of the grant
agreement.
``(C) Grant conditions.--
``(i) Application.--The Secretary shall
require each recipient of a grant under this
subsection to comply with the grant
requirements of section 22905.
``(ii) Exemption.--The grant requirements
of section 22903 shall not apply to grants
awarded under this subsection.''; and
(12) by inserting after subsection (h), as so redesignated,
the following:
``(i) Limitation on Operating Assistance.--The Secretary may
withhold up to 5 percent of funds appropriated pursuant to this section
in each fiscal year to carry out subsection (e).''.
(b) Conforming Repeal of Restoration and Enhancement Grants.--
(1) In general.--Section 22908 of title 49, United States
Code, is repealed.
(2) Clerical amendment.--The analysis for chapter 229 of
title 49, United States Code, is amended by striking the item
related to section 22908.
(c) Treatment of Prior Awards for Restoration and Enhancement
Grants.--The Secretary shall treat grants awarded before the date of
enactment of this Act under section 22908 of title 49, United States
Code, under the requirements of such section as in effect on the day
before the date of enactment of this Act.
SEC. 10107. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
(a) In General.--Section 25101 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Not later than 180 days after the
date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021, the'' and inserting ``The'';
(B) in paragraph (4) by striking ``section 22210''
and inserting ``section 22910'';
(C) in paragraph (6) by striking ``and'' at the
end;
(D) by redesignating paragraph (7) as paragraph
(8); and
(E) by inserting after paragraph (6) the following:
``(7) a process for preparing service development plans in
accordance with subsection (d), while allowing for eligible
entities described in subsection (b) to concurrently undertake
project development work, including preliminary engineering and
environmental activities, if the Secretary determines such
eligible entity has the capability, authority, and experience
to concurrently prepare such plan and undertake such work and
has secured the required non-Federal funding to undertake such
work; and'';
(2) in subsection (d)--
(A) in paragraph (1) by inserting ``projected
operating revenue, which may include ticket prices,''
after ``operating speeds,'';
(B) in paragraph (8)(E) by inserting
``maintenance'' before ``costs'';
(C) in paragraph (11)--
(i) by striking ``benefits'' and inserting
``impacts''; and
(ii) by striking ``and'' at the end;
(D) in paragraph (12) by striking the period at the
end and inserting a semicolon; and
(E) by adding at the end the following:
``(13) a description of the methodologies, assumptions, and
factors used to determine each projection identified under
paragraph (8), including a description of how market, economic,
and other factors may affect each such projection and, if
applicable, alternative projections;
``(14) a financial contingency plan to account for
unforeseen project cost increases or delays;
``(15) if applicable, a description of other proposed modal
alternatives to the proposed corridor, including a no-build
alternative;
``(16) if applicable, the effect of corridor service on
freight rail, including, if necessary, a description of capital
investments necessary to avoid conflicts with the movement of
freight by rail; and
``(17) an analysis of the amounts and identified source of
non-Federal financial support for operations and
maintenance.'';
(3) in subsection (e)--
(A) in the subsection heading by inserting ``and
Review'' after ``Consultation'';
(B) in paragraph (4) by striking ``and'' at the
end;
(C) in paragraph (5) by striking the period and
inserting ``; and'';
(D) by redesignating paragraphs (1), (2), (3), (4),
and (5) as subparagraphs (A), (B), (C), (D), and (F),
respectively;
(E) by inserting after subparagraph (D) (as so
redesignated) the following:
``(E) entities implementing interstate rail
compacts; and'';
(F) by striking ``shall consult with--'' and
inserting the following: ``shall--
``(1) consult with--''; and
(G) by adding at the end the following:
``(2) review the methodologies, assumptions, and factors
used by an eligible entity in development of the financial plan
required under subsection (d)(8) and--
``(A) concur with such financial plan;
``(B) if the Secretary determines that the
projections and analysis included in such financial
plan are partially supported by the analysis required
in this section, grant conditional concurrence with the
plan if--
``(i) such eligible entity agrees to update
such financial plan, as determined by the
Secretary in coordination with the eligible
entity; or
``(ii) the Secretary determines the
alternative projections provided pursuant to
subsection (d)(13) are sufficient; or
``(C) if the Secretary determines the description
or alternative projections required under subsection
(d)(13) are not supported by the analysis required in
this section, allow such eligible entity to solicit a
third-party review by a qualified entity with
experience in estimating such projections and
incorporate the projections from such review into such
financial plan, and the Secretary may reimburse such
eligible entity for any expenses incurred from such
review using funds provided to carry out this
section.''; and
(4) in subsection (g)--
(A) in the subsection heading by striking ``Project
Pipeline'' and inserting ``Reports'';
(B) by redesignating paragraphs (1) through (7) as
clauses (i) through (vii), respectively;
(C) by striking ``Not later than 1 year'' and
inserting the following:
``(1) Project pipeline report.--
``(A) In general.--Not later than 1 year''; and
(D) by adding at the end the following:
``(B) Consideration.--In specifying the order in
which the Secretary would provide Federal financial
assistance under subparagraph (A)(iii), the Secretary
shall take into consideration the degree to which each
eligible entity demonstrates that a project is
supported by an acceptable degree of non-Federal
financial commitment.
``(C) Financial commitment.--In determining whether
a project is supported by an acceptable degree of non-
Federal financial commitment for purposes of
subparagraph (B), the Secretary shall consider--
``(i) the credibility of forecasting
methods used to estimate costs and utilization
made by an eligible entity described in
subsection (b);
``(ii) existing grant commitments;
``(iii) the degree to which financing
sources are dedicated to the purposes proposed;
and
``(iv) the extent to which the project has
financial commitment that exceeds the required
non-Federal share of the cost of the project.
``(2) Project progress report.--Not later than 1 year after
the date of enactment of the BUILD America 250 Act, and
quarterly thereafter, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Appropriations of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Appropriations of the Senate a report that includes--
``(A) a list of funds obligated to date for each
corridor and corridor sponsor;
``(B) a description of the service development plan
for each project, including a summary of the cities to
be served, future anticipated Federal financial and
funding needs, and whether the service development plan
has been completed or updated and the reason for such
update;
``(C) an estimated timeline for each corridor to
successfully move through the steps of the program; and
``(D) other issues identified by the Secretary
important to the development of the proposed corridor
and the rail transportation system.''.
(b) Limitation on Future Corridors.--The Secretary may not select a
proposal for the development of an intercity passenger rail corridor
pursuant to section 25101(a) of title 49, United States Code, on or
after October 1, 2031.
(c) Incorporation of Updated Requirements.--The Secretary shall
require eligible entities described in section 25101(b) of title 49,
United States Code, that have not received a commitment of non-Federal
matching funds for a corridor selected prior to the date of enactment
of this Act to incorporate into a service development plan any
additional requirements listed under section 25101(d) of such title, as
added by subsection (a).
SEC. 10108. EMERGENCY RELIEF.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end of the following:
``Sec. 22911. Emergency relief
``(a) General Authority.--The Secretary of Transportation, in
consultation with the Administrator of the Federal Railroad
Administration, may make grants and enter into contracts and other
agreements with an eligible entity for an eligible operating expense or
a capital project to replace, rehabilitate, or repair rail
infrastructure, equipment, or facilities if the Secretary determines
such infrastructure, equipment, or facilities are in a danger of
suffering catastrophic damage, or have suffered catastrophic damage, as
a result of an emergency.
``(b) Eligible Entities.--The following entities are eligible to
receive financial assistance under this section:
``(1) A State (as such term is defined in section 22701).
``(2) A public agency.
``(3) A publicly chartered authority established by 1 or
more States.
``(4) A political subdivision of a State.
``(5) A Class II railroad or Class III railroad (as such
terms are defined in section 20102) or a holding company of
such railroad.
``(6) An intercity passenger railroad.
``(c) Terms.--In making grants under subsection (a), the Secretary
may make grants on a reimbursable basis or advance funding basis.
``(d) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out this
section shall be in addition to any other funds available under
this chapter.
``(2) No effect on other government activity.--The
provision of funds under this section shall not affect the
ability of any other agency of the Government, a State agency,
a local governmental entity or organization, or person to
provide any other funds otherwise authorized by law, except
that no person, business concern, or other entity shall receive
assistance with respect to any part of a loss as to which such
person, business concern, or other entity has received
financial assistance under any other program or from insurance
or any other source.
``(3) Notification.--The Secretary shall notify the
Administrator of the Federal Emergency Management Agency of the
purpose and amount of any grant made or contract or other
agreement entered into under this section.
``(e) Grant Requirements.--
``(1) In general.--A grant awarded under this section that
is made to address an emergency shall be
``(A) subject to the terms and conditions the
Secretary determines are necessary; and
``(B) made only for expenses that are not
reimbursed under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(2) Oversight funds.--The Secretary may retain up to one-
half of 1 percent of the funds appropriated under this section
to fund the costs of project management oversight by the
Secretary.
``(f) Government Share of Costs.--
``(1) Capital projects.--A grant, contract, or other
agreement for a capital project under this section shall be for
not more than 80 percent of the project cost, as determined by
the Secretary.
``(2) Non-federal share.--The non-Federal share of the
project cost shall be provided in cash, equipment, or supplies.
``(3) Waiver.--The Secretary may waive, in whole or part,
the non-Federal share under this subsection.
``(g) Limitation.--
``(1) In general.--Project costs under this section shall
be limited to the scope of damage caused by the respective
emergency.
``(2) Determination.--In the case of a project that
included damage preexisting the respective emergency, the
Secretary shall make a determination on the amount or
percentage of the damage preexisting such emergency.
``(3) Eligibility.--The Secretary may not provide financial
assistance under this section to any entity described in
paragraphs (1) through (4) of subsection (b) for emergencies
described under subsection (i)(1)(B)
``(h) Insurance.--
``(1) Requirements.--As a condition of receiving assistance
under this section, an applicant shall--
``(A) submit to the Secretary documentation
demonstrating proof of insurance required under Federal
law for all structures related to the grant
application;
``(B) certify to the Secretary that the applicant
has insurance required under State law for all
structures related to the grant application; and
``(C) maintain any insurance required under Federal
law, including hazard insurance, flood insurance, or
other coverage as applicable.
``(2) Compliance.--A recipient that fails to maintain
insurance after receiving assistance under this section shall
be ineligible to receive any assistance under this program for
any future emergency, with respect to the structure or facility
for which such insurance is required, until the Secretary
determines that the recipient has come into compliance.
``(i) Definitions.--In this section:
``(1) Emergency.--The term `emergency' means a natural
catastrophe affecting a wide area, including any hurricane,
tornado, storm, high water, winddriven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide, or wildfire,
or a catastrophic failure from any external cause, as a result
of which--
``(A) the Governor of a State has declared an
emergency and the Secretary has concurred; or
``(B) the President has declared a major disaster
under section 401 of the Robert T. Stafford Disaster
Relief Emergency Assistance Act (42 U.S.C. 5170).
``(2) Eligible capital project.--The term `eligible capital
project' means a project to bring rail infrastructure,
equipment, or facilities used for providing rail service into a
state of good repair.
``(3) Eligible operating expense.--The term `eligible
operating expense' means an operating expense related to any
evacuation carried out immediately prior to or following an
emergency.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by inserting after the item relating to
section 22910 the following:
``22911. Emergency relief.''.
SEC. 10109. AMTRAK OFFICE OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of Inspector
General of Amtrak, the following amounts:
(1) For fiscal year 2027, $31,000,000.
(2) For fiscal year 2028, $31,500,000.
(3) For fiscal year 2029, $32,000,000.
(4) For fiscal year 2030, $32,500,000.
(5) For fiscal year 2031, $33,000,000.
Subtitle B--Amtrak Reforms
SEC. 10201. AMTRAK ECONOMIC PERFORMANCE.
(a) Findings.--Section 24101(a) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``competitive with other modes of
transportation'' after ``transportation''; and
(B) by inserting ``connecting urban and rural
communities'' before the period at the end; and
(2) in paragraph (4) by inserting ``and achieve a level of
performance comparative to other passenger modes and that
promotes operational efficiency'' before the period at the end.
(b) Goals.--Section 24101(c) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``maximize the benefits of Federal
investments'' and inserting ``to maximize services and
benefits to the communities Amtrak serves that is
competitive with other passenger modes and ensuring
Amtrak's long-term performance'';
(B) in subparagraph (D) by adding ``and'' at the
end;
(C) in subparagraph (E) by striking ``and'' at the
end; and
(D) by striking subparagraph (F); and
(2) in paragraph (13) by striking ``established long-
distance routes'' and inserting ``a robust Northeast Corridor
and National Network, including long-distance and State-
supported routes,''.
(c) Financial Performance.--Section 24101(d) of title 49, United
States Code, is amended--
(1) in the heading by striking ``Increasing Revenues'' and
inserting ``Financial Performance''; and
(2) by inserting ``practices that promote Amtrak's long-
term financial performance'' after ``judgment''.
SEC. 10202. AMTRAK TRANSPARENCY AND ACCOUNTABILITY FOR PASSENGERS AND
TAXPAYERS.
Section 24301 of title 49, United States Code, is amended--
(1) in subsection (a)(1) by striking ``section 20102(2)''
and inserting ``section 20102''; and
(2) by striking subsection (e) and inserting the following:
``(e) Application of Certain Additional Laws.--
``(1) In general.--Except as provided in paragraphs (2) and
(3)--
``(A) sections 552 and 552b of title 5 apply to the
Amtrak Board of Directors for any fiscal year in which
Amtrak receives a Federal grant; and
``(B) to the extent consistent with this part, the
District of Columbia Business Corporation Act (D.C.
Code Sec. 29-301 et seq.) applies to Amtrak.
``(2) Scope of application.--
``(A) Exclusions.--The second sentence of section
552b(b) of title 5 shall not apply to any portion of an
Amtrak Board of Directors meeting, and subsections (d)
and (e) of section 552b of title 5 shall not apply to
any information pertaining to any portion of an Amtrak
Board of Directors meeting otherwise required by
section 552b of title 5 to be disclosed to the public,
if such Board of Directors properly determines that
such portion, or the disclosure of such information, is
likely to involve--
``(i) contract negotiations, including
negotiations for procurements and agreements
that may result in a contract, the disclosure
of which would imperil or compromise the
competitive position of Amtrak;
``(ii) a collective bargaining agreement,
or any terms and conditions that are proposed
for inclusion in a collective bargaining
agreement, including the negotiation with
employees, or representatives of employees, of
Amtrak of such terms and conditions;
``(iii) with respect to any individual who
is an officer, employee, or contractor employed
or appointed by Amtrak, or who is a prospective
officer, employee, or contractor, a matter
involving the employment, appointment,
termination of employment, terms and conditions
of employment, evaluation of the performance
of, promotion or disciplining of any such
individual, unless all such individuals whose
rights could be adversely affected in such
matter request in writing that the matter be
discussed at a public meeting; or
``(iv) confidential commercial information.
``(B) Application of other exclusions.--Section
552b(c) of title 5 shall apply to Amtrak meetings.
``(3) Exception.--In carrying out this subsection, Amtrak--
``(A) may not disclose information that could put
the safety of Amtrak customers or employees at risk;
and
``(B) shall take any actions necessary to--
``(i) comply with law;
``(ii) honor existing contracts or legally
binding agreements; and
``(iii) carry out normal business
activities consistent with the statutory
mission and goals of Amtrak.''.
SEC. 10203. IMPLEMENTING AMTRAK OFFICE OF INSPECTOR GENERAL
RECOMMENDATIONS TO ADDRESS INFRASTRUCTURE BACKLOG.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, Amtrak shall implement the recommendations described in
the report of the inspector general of Amtrak titled ``Asset
Management: Better Governance and Data Would Improve Company Efforts to
Achieve a State of Good Repair'', published on April 10, 2026.
(b) Inspector General Evaluation.--Not later than 3 years after the
date of enactment of this Act, the inspector general of Amtrak shall
evaluate the extent to which Amtrak has complied with the
recommendations under subsection (a).
SEC. 10204. AMTRAK EXECUTIVE BONUS DISCLOSURE.
Section 24315(a) of title 49, United States Code, is amended--
(1) by striking ``Congress'' and inserting ``the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on a
website of Amtrak,''; and
(2) by striking paragraph (2) and inserting the following:
``(2) provides the annual base pay and any bonus
compensation paid to each member of the executive leadership
team (including the chief executive officer, president, and
each officer) of Amtrak, including the criteria and metrics
used to determine any such bonus compensation;''.
SEC. 10205. AMTRAK AND INTERCITY PASSENGER RAIL WORKFORCE ASSAULT
PREVENTION AND RESPONSE PLANS.
(a) Practices and Voluntary Standards.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall publish best
practices and voluntary standards for the response to assault
and harassment incidents during the operation of a passenger
rail service.
(2) Consultation.--In developing best practices and
voluntary standards under paragraph (1), the Secretary may
consult with the following organizations to inform such
practices and standards:
(A) The Amtrak Police Department.
(B) Other rail police or security personnel.
(C) State and local law enforcement.
(D) State and local prosecutors.
(E) Labor organizations representing on-board and
in station train crew personnel.
(F) Passenger rail operators.
(3) Contents.--In developing the best practices and
voluntary standards under paragraph (1), the Secretary shall
address the following issues:
(A) Proper incident documentation and reporting
techniques.
(B) Recommended de-escalation trainings for crew
and law enforcement.
(C) Coordination between passenger rail operators
and law enforcement.
(D) Responding to incidents of assault or
harassment, including the removal of disruptive
passengers.
(E) Strategies for preventing incidents of assault
or harassment.
(b) Submission of Response Plans.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, each passenger rail transportation
operator shall submit to the Secretary a plan to prevent and
respond to incidents of assault and harassment.
(2) Contents.--The plan under paragraph (1) shall include
the following:
(A) The operator's policy on assault or harassment
incidents.
(B) The operator's plan to provide notice to
employees on how to report incidents with passengers to
the operator, rail law enforcement, and local law
enforcement.
(C) The operator's plan to provide notice to
employees on how to remove a passenger or personnel
from the train or related area or facility who has
committed a transportation assault as soon as
practicable when appropriate.
(D) The operator's plan to provide notice to
passengers on how to report an assault or harassment
incident.
(E) The operator's plan to provide training to
employees on how to respond and report assault or
harassment incidents.
(F) The operator's plan to limit or prohibit, to
the extent practicable, future travel of an individual
who interferes with passenger rail personnel and safety
on the operator's services.
(G) The operator's plan to ensure an employee who
is a victim or witness of a transportation assault may
participate in the prosecution of a criminal offense of
such assault without any adverse effect on the victim's
or witnesses' employment status.
(H) A process and timeline for conducting an annual
review and update of the plan.
(c) Passenger Information.--A passenger rail transportation
operator shall display on the website of such operator and through the
use of appropriate signage a written statement that informs passengers
and personnel of the procedure for reporting an assault or harassment
incident.
(d) Definitions.--In this section:
(1) Passenger rail transportation.--The term ``passenger
rail transportation'' has the meaning given the terms
``intercity passenger rail transportation'' and ``commuter rail
passenger transportation'' in section 24102 of title 49, United
States Code.
(2) Interference with passenger rail personnel and
safety.--The term ``interference with passenger rail personnel
and safety'' means--
(A) the physical or sexual assault of--
(i) any individual on a passenger train;
(ii) any individual in a passenger rail
station; or
(iii) any member of a train crew, station
staff, or rail police or security;
(B) threatening to physically or sexually assault
any individual described in subparagraphs (A) through
(C) of paragraph (1); and
(C) any action that poses an imminent threat to the
safety of intercity passenger rail transportation,
including the safety of any individual described in
subparagraphs (A) through (C) of paragraph (1).
SEC. 10206. BABY CHANGING TABLE REQUIREMENTS ON AMTRAK TRAINS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by inserting after section 24313 the following:
``Sec. 24314. Baby changing tables
``(a) Definitions.--In this section:
``(1) ADA-compliant restroom.--With respect to intercity
rail transportation, the term `ADA-compliant restroom' means a
restroom that meets the requirements of section 242(a) of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12162(a)).
``(2) Baby changing table.--The term `baby changing table'
means an elevated, freestanding structure generally designed to
safely support and retain a child with a body weight of up to
50 pounds in a horizontal position for the purpose of allowing
an individual to change a diaper, including pull-out or drop-
down changing surfaces.
``(3) Covered passenger rail train.--The term `covered
passenger rail train'--
``(A) means a passenger rail train, owned and
operated by Amtrak, that Amtrak purchased after the
date of enactment of this section; and
``(B) does not include any passenger rail train
that Amtrak operates, but does not own.
``(b) Baby Changing Table Requirement.--Each covered passenger rail
train shall have a baby changing table in at least one restroom in each
car, including in an ADA-compliant restroom.
``(c) Signage.--Each restroom described in subsection (b) shall
clearly indicate the presence and location of a baby changing table
with signage.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is amended by inserting after the item relating to
section 24313 the following:
``24314. Baby changing tables.''.
SEC. 10207. REPORT ON AMTRAK LONG-DISTANCE EQUIPMENT MAINTENANCE COSTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, Amtrak shall submit to the Secretary, 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 anticipated costs of
maintaining, rehabilitating, refurbishing, and replacing the existing
long-distance equipment of Amtrak to maintain the passenger capacity of
its long-distance service.
(b) Content.--In the report submitted under subsection (a), Amtrak
shall include the following:
(1) A current inventory of long-distance equipment,
including trainsets, baggage cars, dining cars, sleeper cars,
and nonsleeper passenger cars.
(2) A determination of the minimum amount of equipment
necessary to maintain the passenger capacity of the long-
distance service of Amtrak.
(3) The anticipated cost of maintaining and refurbishing
the amount of equipment determined necessary under paragraph
(2) to keep such equipment in working order through fiscal year
2033.
(4) A description of--
(A) specific challenges that Amtrak may experience
in maintaining the passenger capacity of the long-
distance service of Amtrak, including challenges
related to--
(i) the availability of maintenance
facilities and qualified rehabilitation and
repair personnel;
(ii) the availability of parts and
materials for legacy equipment; and
(iii) other factors that may impede the
maintaining of present levels of service and
passenger capacity; and
(B) actions to address the challenges described in
subparagraph (A).
(5) The potential for and effects of delays in the
acquisition of new replacement equipment if such equipment is
not acquired until after calendar year 2035.
(6) The effect of establishing new or restored long-
distance routes on the cost and availability of existing and
additional long-distance equipment.
SEC. 10208. INSPECTOR GENERAL REVIEW OF AMTRAK ACCOUNTING AND REPORTING
PRACTICES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the inspector general of the Department shall
review the accounting practices of Amtrak, with specific focus on the
use and oversight of the cost accounting and financial accounting
systems, including the Amtrak Performance Tracking (in this section
referred to as ``APT'') financial management system as required by
section 203 of the Passenger Rail Investment and Improvement Act of
2008 (49 U.S.C. 24101 note), the core enterprise resource planning
system of Amtrak, and related financial information technology modules.
(b) Scope.--In carrying out the review described in subsection (a),
the inspector general shall determine whether--
(1) Amtrak's use of systems, applications, and products in
data processing accurately tracks expenditures, revenues, and
Federal funds;
(2) internal controls within such systems, applications,
and products are sufficient to prevent accounting errors,
manipulation, or misuse of funds;
(3) Amtrak's systems, applications, and products in data
processing and consolidated financial statements are in
compliance with applicable Federal financial management
standards and generally accepted accounting principles;
(4) Amtrak's reporting practices accurately reflects route
performance;
(5) increased adherence to generally accepted accounting
principles for APT would improve cost transparency; and
(6) the Federal Railroad Administration's use of systems,
applications, and products for Amtrak oversight are in
compliance with applicable Federal financial management
standards and generally accepted accounting principles.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the inspector 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 containing--
(1) the findings made under this section;
(2) any evidence of noncompliance, mismanagement, or
deficiencies in the use of systems, applications, and products
in data processing; and
(3) recommendations for corrective action, if applicable.
SEC. 10209. AMTRAK ANNUAL REPORTING.
Section 24315 of title 49, United States Code, (as amended by
section 10204) is further amended--
(1) in subsection (a)--
(A) in paragraph (3)(B) by striking the period and
inserting ``; and''; and
(B) by adding at the end the following:
``(4) includes a reconciliation of adjusted operating
expenses, and any other reported metrics derived from such
expenses, to Amtrak's audited generally accepted accounting
principles financial statements.'';
(2) in subsection (f) by striking ``subsection (d) or (e)''
and inserting ``subsection (d) or (f)'';
(3) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively; and
(4) by inserting after subsection (d) the following:
``(e) Review of Annual Operations Report.--Upon completion of the
report under subsection (a), an independent certified public accountant
or the inspector general of Amtrak shall review the rationale of the
reconciliation of adjusted operating expenses under subsection
(a)(4).''.
SEC. 10210. INVOICES AND REPORTS.
(a) In General.--Section 24712(b) of title 49, United States Code,
is amended by adding at the end the following:
``(3) Independent review.--
``(A) In general.--A State may hire or contract
with, at the expense of such State, an independent
third party to conduct a review for disputes over
invoices and the implementation of or compliance with
the cost methods under subsection (a)(7).
``(B) Data request.--Upon the request of such
State, Amtrak and the Committee shall make directly
available to the State the general ledger data,
operating statistics, and other data used to calculate
invoices pertaining to the State.
``(C) Liability.--In a case where the review finds
overcharged amounts, Amtrak or the State may request
dispute resolution in accordance with subsection
(c).''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Amtrak inspector general shall update the report of the
inspector general titled ``Governance: Amtrak Has Begun to Address
State Partners' Concerns About Shared Costs But Has More Work to Do to
Improve Relationships'', published January 31, 2022.
SEC. 10211. STATE-SUPPORTED COST AND SERVICE POLICY.
Section 24712 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2) by adding at the end the
following:
``(C) Compensation.--Each member of the Committee
shall serve without pay but may receive payment for
travel expenses, including a per diem allowance, a
reimbursement payment, or a combination thereof, in
accordance with sections 5702 and 5703 of title 5.'';
(B) in paragraph (5)--
(i) in the paragraph heading by striking
``Meetings; rules and procedures'' and
inserting ``Administrative requirements and
authorities'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(iii) by striking ``The Committee shall''
and inserting ``(A) rules and procedures.--The
Committee shall''; and
(iv) by adding at the end the following:
``(B) Meeting schedule.--The Committee shall--
``(i) establish a schedule for meetings of
the Committee, which shall be held not less
frequently than 4 times per fiscal year; and
``(ii) include in such schedule the
location of each such meeting.
``(C) Subgroups.--The Committee may establish and
oversee subgroups of the Committee as necessary to
support the execution of Committee activities.''; and
(C) in paragraph (7)--
(i) by striking the paragraph heading and
inserting ``Cost and service policy'';
(ii) in subparagraph (A)--
(I) by striking the period at the
end and inserting ``; and'';
(II) by striking ``the Committee
may amend the cost methodology policy''
and inserting ``the Committee--
``(i) may amend the cost and service
policy''; and
(III) by adding at the end the
following:
``(iii) shall oversee, administer, and
update as appropriate the cost and service
policy.'';
(iii) in subparagraph (B)--
(I) by striking the subparagraph
heading and inserting ``Revisions to
cost and service policy'';
(II) in clause (i) by striking
``(49 U.S.C. 20901 note)'' and
inserting ``(49 U.S.C. 24101 note)'';
and
(III) in clause (iii)--
(aa) by striking the clause
heading and inserting
``Procedures for changing cost
methods''; and
(bb) by striking ``(49
U.S.C. 20901 note)'' and
inserting ``(49 U.S.C. 24101
note)'';
(iv) by redesignating subparagraph (D) as
subparagraph (E); and
(v) by inserting after subparagraph (C) the
following:
``(D) Cost method implementation.--The Committee is
responsible for implementation of the cost methods and
any related requirements, including--
``(i) transparency requirements regarding
reporting and invoicing; and
``(ii) collaboration and planning
requirements.'';
(2) in subsection (h) by striking the subsection heading
and inserting ``Cost and Service Policy Update Implementation
Report.'';
(3) by striking ``cost allocation methodology'' and
inserting ``cost methods'' each place it appears; and
(4) by striking ``cost methodology policy'' and inserting
``cost and service policy'' each place it appears.
SEC. 10212. GAO STUDY ON AMTRAK CUSTOMER EXPERIENCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall evaluate the customer
experience provided by Amtrak across its national passenger rail
network.
(b) Scope of Review.--In conducting the study required under
subsection (a), the Comptroller General shall assess policies,
practices, and performance related to customer experience, including--
(1) ticketing and fare transparency, including clarity of
pricing and refund policies;
(2) on-board services, such as food and beverage service,
restrooms, internet connectivity, and cleanliness;
(3) service reliability and timeliness of operations;
(4) passenger communication, particularly in the event of
delays, cancellations, or service disruptions;
(5) station infrastructure, accessibility for persons with
disabilities, and compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(6) complaint resolution procedures and responsiveness to
customer feedback;
(7) differences in customer experience between long-
distance routes, State-supported corridors, and the Northeast
Corridor; and
(8) any other factors the Comptroller General considers
appropriate to assess the quality and consistency of the
customer service of Amtrak.
(c) Consultation.--In conducting the study under subsection (a),
the Comptroller General may consult with relevant stakeholders,
including--
(1) State departments of transportation that fund Amtrak
services;
(2) transportation advocacy organizations, including those
representing intercity passenger rail passengers on Northeast
Corridor, State-supported, and long distance routes;
(3) national disability rights and accessibility
organizations;
(4) representatives of Amtrak passengers and workforce; and
(5) members of the Northeast Corridor Commission.
(d) Report.--Not later than 1 year after the date on which the
study conducted under subsection (a) is initiated, 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 containing
the findings of the study and any conclusions and recommendations based
on such findings.
SEC. 10213. GAO STUDY ON AMTRAK SERVICE TO PRIVATELY OWNED RAIL CARS.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall conduct an assessment of the
policies, practices, and performance of Amtrak with respect to services
to privately owned rail cars.
(b) Considerations.--In conducting the assessment under subsection
(a), the Comptroller General shall--
(1) review how Amtrak identifies and calculates costs
relating to the movement of privately owned rail cars, long-
term parking of privately owned rail cars, and related
services;
(2) review how Amtrak factors the costs described in
paragraph (1) into pricing, policy, and program-related
decisions of Amtrak;
(3) identify the net profits or losses of Amtrak for
privately owned rail car services in each of fiscal years 2019
through 2026;
(4) review the access points, parking, and access to Amtrak
routes that Amtrak makes available for the switching and usage
of privately owned rail cars and determine the effects, if any,
of the availability of such access points, parking, and access,
and any reduction in such availability, on the financial and
operating performance of Amtrak;
(5) identify any challenges and opportunities Amtrak is
likely to experience if Amtrak implements a dynamic pricing
model for privately owned rail car services;
(6) review the implementation by Amtrak of recommendations
published by the Amtrak Office of Inspector General in the
report titled ``Train Operations: Opportunities Exist to
Improve Private Railcar Management and Business Practices''
(OIG-A-2019-003), published February 6, 2019;
(7) analyze whether--
(A) privately owned rail car services contribute to
the ability of Amtrak to earn positive income from rail
operations; and
(B) the pricing model used by Amtrak for such
services reflects fair market value for owners and
operators of privately owned rail cars; and
(8) include any other reviews, analyses, or information the
Comptroller General determines appropriate.
(c) Consultation.--In conducting the assessment under subsection
(a), the Comptroller General shall consult with relevant stakeholders,
including Amtrak, rail carriers, and organizations representing
employees and privately owned rail car owners and operators.
(d) Report.--Not later than 1 year after initiating the assessment
under subsection (a), 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 containing the findings of the
assessment, and any recommendations of the Comptroller General relating
the subject matter covered by the assessment.
(e) Rail Carrier Defined.--In this section, the term ``rail
carrier'' has the meaning given such term in section 10102 of title 49,
United States Code.
SEC. 10214. THE DONALD M. PAYNE, JR. TRANSIT CENTER AT NEWARK PENN
STATION.
(a) Designation.--Newark Penn Station, located at 1 Raymond Plaza
West, Newark, New Jersey, shall be known and designated as the ``Donald
M. Payne, Jr. Transit Center at Newark Penn Station''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to Newark Penn Station
shall be deemed to be a reference to the ``Donald M. Payne, Jr. Transit
Center at Newark Penn Station''.
SEC. 10215. PUBLIC NOTICE AND COMMENT ON AMTRAK'S CORPORATE STRUCTURE.
(a) In General.--Not later than 90 days prior to a vote of the
Amtrak Board of Directors on any corporate restructuring plan,
including changes to Amtrak subsidiaries, Amtrak shall publish in the
Federal Register a notice containing such plan and provide an
opportunity for public comment for not less than 60 days.
(b) Notice Contents.--In the notice published under subsection (a),
Amtrak shall include--
(1) the legal authority for the restructuring; and
(2) an explanation of the purpose of the plan and how it
would facilitate Amtrak's statutory mission and other goals
established by the Amtrak Board of Directors.
(c) Responses.--Not later than 30 days after the date on which the
public comment period under subsection (a) closes, Amtrak shall provide
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate responses to the comments on the
restructuring plan received during such period, including--
(1) a description of the comments that Amtrak intends to
implement;
(2) a justification for comments that Amtrak does not
intend to implement; and
(3) an implementation strategy and timeline for the
restructuring, including any potential impacts of the
restructuring on Amtrak service, capital procurement and
projects in process or planned as of the date the responses are
provided, impacts to its workforce, and any potential
legislative changes determined necessary to implement the
restructuring.
SEC. 10216. GAO EXAMINATION OF INTERNATIONAL PASSENGER RAIL.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that includes the elements described in subsection (b) from a
representational sample of international intercity passenger rail
carriers to determine governance and financing practices and the
potential application of such practices to domestic intercity passenger
rail operations.
(b) Elements.--The report submitted under subsection (a) shall
include--
(1) the number of employees and union representation for
each intercity passenger railroad;
(2) the geographic size served by each carrier, and the
number of routes operated by each carrier;
(3) the organization of each carrier and the nature and
composition of each carrier's governance;
(4) the source and legal authority of the operation,
governance, and financing structures of the international
representational samples;
(5) the amount of government investment in intercity
passenger rail operations made over the previous 10 years as
well as the sources of funding, and projected investment and
source of funding over the next 10 years;
(6) the amount of excess fleet or infrastructure capacity
to allow for competitive services;
(7) the safety record of each carrier over the last 10
years;
(8) the on-time performance of each carrier; and
(9) governance and financing for intercity passenger rail
stations that serve varying customer sizes.
SEC. 10217. FOOD AND BEVERAGE SERVICE.
(a) Evaluation of Amtrak Food and Beverage Services.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall examine
the food and beverage services provided on Amtrak routes and
provide recommendations for improvements.
(2) Elements.--In carrying out paragraph (1), the
Comptroller General shall examine the following:
(A) The affordability of current dining options and
possible alternatives.
(B) The quality of food services provided and
possible improvements.
(C) The feasibility of providing traditional dining
to all passengers.
(D) A comparison of current dining options to
established dietary guidelines.
(b) Annual Amtrak Report.--Section 24321 of title 49, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Implementation Advisory Committee.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of the BUILD America 250 Act, Amtrak shall
establish an advisory committee to provide internal review with
respect to the implementation by Amtrak of the recommendations
contained in the report of the Comptroller General of the
United States required under section 10217(a) of the BUILD
America 250 Act.
``(2) Membership.--The advisory committee established under
paragraph (1) shall consist of individuals representing--
``(A) Amtrak;
``(B) the labor organizations representing Amtrak
employees who prepare or provide on-board food and
beverage service;
``(C) nonprofit organizations representing Amtrak
passengers; and
``(D) States that are providing funding for State-
supported routes.
``(3) Termination.--The advisory committee established
under paragraph (1) shall terminate on the date on which Amtrak
submits the final report required under subsection (e)(1).
``(e) Annual Implementation Status Report.--
``(1) Annual report.--Not later than 1 year after the date
of enactment of the BUILD America 250 Act, and annually
thereafter until such time as all recommendations contained in
the report of the Comptroller General of the United States
required under section 10217(a) of the BUILD America 250 Act
are implemented by Amtrak or determined by Amtrak to be
impractical or impossible to implement, Amtrak shall--
``(A) 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 status of the implementation
of each such recommendation; and
``(B) make the report available on a publicly
accessible website of Amtrak.
``(2) Report contents.--Each report under paragraph (1)
shall include--
``(A) a description of the progress made by Amtrak
in implementing each recommendation contained in the
report under subsection (b);
``(B) an identification of each such recommendation
for which implementation is complete;
``(C) an identification of each such recommendation
that Amtrak determines to be impractical or impossible
to implement;
``(D) for each recommendation identified under
subparagraph (C)--
``(i) the justification for the
determination that the recommendation is
impractical or impossible to implement; and
``(ii) if the justification is all, or in
part, attributable to insufficient funding, an
estimated cost of implementing the
recommendation;
``(E) a description of how, if at all, ?food and
beverage service of Amtrak has changed--
``(i) if in the initial report, since the
date of enactment of the BUILD America 250 Act;
and
``(ii) if in a subsequent report, since the
date on which the previous report was
finalized; and
``(F) comments submitted by the advisory committee
to Amtrak regarding the information included under
subparagraphs (A) through (E).''.
Subtitle C--Passenger Rail Policy
SEC. 10301. INTERCITY PASSENGER RAIL EQUIPMENT POOLS.
(a) Contract Authority.--The Secretary may enter into agreements
with an interstate rail compact for the purpose of establishing,
managing, and financing multistate equipment pools for use in
supporting the operation, expansion, and modernization of intercity
passenger rail services.
(b) Terms.--An agreement entered into under subsection (a) shall--
(1) establish rules governing the management,
representation, membership, and financing of a multistate
equipment pool among each State party to the interstate rail
compact;
(2) include terms providing for the staffing,
administrative, and other labor-related needs for the equipment
pool;
(3) establish procedures through which additional States
that join the interstate rail compact may be included in the
agreement;
(4) include a plan governing the operations and management
of the equipment pool, including with respect to each type of
equipment in the equipment pool, allowable uses, standard
leasing terms, insurance, and purchasing and maintenance
financing;
(5) with respect to the procurement or acquisition of
equipment for the equipment pool--
(A) include identification of acceptable
contracting methods and required contract terms,
including such methods and terms as the Secretary
determines appropriate to ensure compliance with
applicable legal requirements regarding competition and
section 22905 of title 49, United States Code (commonly
known as ``Buy America''); and
(B) establish a set of engineering standards,
technical standards, and design standards applicable to
all such procurement or acquisition of common fleet
rolling stock equipment;
(6) include such terms as are necessary for the interstate
rail compact to--
(A) coordinate with manufacturers regarding supply
chain management applicable to such equipment;
(B) facilitate the efficient order and delivery of
such equipment; and
(C) ensure the design of such equipment meets the
standards described in paragraph (5);
(7) receive technical support for the interstate rail
compact from the Secretary, acting through the Administrator of
the Federal Railroad Administration, and Amtrak; and
(8) include such additional terms as the Secretary
determines appropriate.
(c) Third-party Support Services.--In entering into an agreement
under subsection (a), the Secretary may not prohibit an interstate rail
compact from using a third-party entity to support the maintenance,
distribution, oversight, and leasing of equipment and to manage the
equipment pool.
(d) Technical Support.--The Secretary may develop procedures under
which an interstate rail compact that enters into an agreement under
subsection (a) may solicit technical support from the Secretary or
Amtrak related to the engineering, standards, procurement of, and other
matters related to the acquisition and maintenance of a rolling stock
equipment pool, provided Amtrak charges a fair market rate for staff
time used on providing technical support.
(e) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require the National Railroad Passenger Corporation
to--
(A) make available any rolling stock equipment or
facilities to any equipment pool established under this
section; or
(B) enter into any agreement, contract, or other
arrangement relating to the use, sharing, or allocation
of such rolling stock, equipment, or facilities; or
(2) prohibit such Corporation from voluntarily taking
action described in paragraph (1).
(f) Administrative Funding.--Section 22910 of title 49, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4) by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) administration of a multistate equipment pool
pursuant to an agreement under section 10301 of the BUILD
America 250 Act.'';
(2) in subsection (b) by striking ``section in an amount
exceeding $1,000,000 per year.'' and inserting ``section--
``(1) except as provided in paragraph (2), in an amount
exceeding $1,000,000 per year; and
``(2) for a grant authorized under subsection (a)(6), in an
amount exceeding $5,000,000 per year.''.
(3) in subsection (c)--
(A) in paragraph (6) by striking ``and'' at the
end;
(B) in paragraph (7) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) with respect to an applicant that has entered into,
or intends to enter into, an agreement for the operation of a
multistate equipment pool under section 10301 of the BUILD
America 250 Act--
``(A) the costs related to the administration and
operation of the multistate equipment pool;
``(B) the size and scope of the entities party to
the interstate rail compact that administers the
multistate equipment pool; and
``(C) any planned procurement and fleet management
activities for the multistate equipment pool.''; and
(4) by striking subsection (e) and inserting the following:
``(e) Letter of Intent.--
``(1) In general.--The Secretary may issue to an applicant
responsible for administering a multistate equipment pool under
section 10301 of BUILD America 250 Act a letter of intent
expressing the intent of the Secretary to provide multiyear
funding under this section, subject to the availability of
appropriations, for purposes related to the multistate
equipment pool.
``(2) Limitation.--A letter of intent under paragraph (1)
shall not give rise to--
``(A) an obligation under sections 1108(c), 1501,
and 1502(a) of title 31; or
``(B) an administrative commitment for
financing.''.
(g) Railroad Rehabilitation and Improvement Financing
Eligibility.--Section 22402 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (6) by striking ``and'' at the
end;
(B) in paragraph (7) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) an interstate rail compact that administers a
multistate equipment pool under section 10301 of BUILD America
250 Act.''; and
(2) in subsection (b)(1)--
(A) in subparagraph (E) by striking ``or'' at the
end;
(B) in subparagraph (F)(iv) by striking the period
at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(G) to acquire or rehabilitate equipment for
inclusion in a multistate equipment pool administered
by an interstate rail compact under section 10301 of
BUILD America 250 Act;
``(H) to lease, or lease-to-own, intercity
passenger rail equipment for use in such a multistate
equipment pool; or''.
SEC. 10302. CALIFORNIA HIGH-SPEED RAIL WORKING GROUP.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish a working group to conduct
an assessment and make recommendations regarding the California High-
Speed Rail project.
(b) Working Group.--The working group shall be comprised of
individuals appointed with technical qualifications, professional
standing, and demonstrated expertise in the field of business
management, rail operations, economics, or law, including from the
California High-Speed Rail Authority and at least 1 member from a group
representing railroad employees, and shall also include--
(1) 1 member designated by the Speaker of the House of
Representatives;
(2) 1 member designated by the majority leader of the
Senate;
(3) 1 member designated by the minority leader of the House
of Representatives;
(4) 1 member designated by the minority leader of the
Senate; and
(5) 4 members designated by the Secretary of
Transportation.
(c) Considerations.--In the evaluation of the project, the working
group shall consider the following:
(1) Whether the project will achieve the outcomes and
criteria legally required under California Proposition 1A,
approved on November 4, 2008, and subsequently codified in
California statute, including--
(A) trains capable of sustained maximum operating
speeds of not less than 200 miles per hour;
(B) maximum nonstop service travel times for each
corridor that does not exceed--
(i) 160 minutes between San Francisco and
Los Angeles;
(ii) 160 minutes between Oakland and Los
Angeles;
(iii) 30 minutes between San Francisco and
San Jose;
(iv) 130 minutes between San Jose and Los
Angeles;
(v) 80 minutes between San Diego and Los
Angeles; and
(vi) 140 minutes between Sacramento and Los
Angeles; and
(C) a time interval between successive trains that
is not more than 5 minutes.
(2) Whether the planned passenger service by the California
High-Speed Rail Authority in the corridor or usable segment
thereof will require a local, State, or Federal operational
subsidy, including the initial operating segment between Merced
and Bakersfield and the Phase 1 system between San Francisco
and Los Angeles, and an estimate of the amount of such subsidy.
(3) Whether the route alignment reduces highway and
aviation congestion, community impacts, and follows existing
transportation or utility corridors.
(4) The cost and timeline estimate for completing the Phase
1 system, including--
(A) whether the California High-Speed Rail
Authority has accurately estimated and planned for
potential cost escalation; and
(B) whether the suggested discount rate described
in the circular of the Office of Management and Budget,
titled ``Guidelines and Discount Rates for Benefit-Cost
Analysis of Federal Programs'' (A-94) is appropriate
for the project, including the likelihood that such
rate will attract private sector investment to the
project.
(5) Committed sources of funding for the project, including
separate estimates for the initial operating segment and the
full Phase 1 system.
(6) An evaluation of the economic justification for the
project.
(7) The impact of completion of the project on the ability
of California to invest in and address other transportation
infrastructure, including infrastructure resilience, and
transportation infrastructure important to interstate commerce.
(8) Other factors related to the development and operation
of the project as specified in Proposition 1a or identified by
the Working Group.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the working group shall transmit to the
Committee on Commerce, Science, and Transportation of the Senate, and
the Committee on Transportation and Infrastructure of the House of
Representatives its report containing the assessment and
recommendations described in subsection (a). Such report shall be
published by the Secretary on a public facing website.
(e) Funding to California High-Speed Rail Authority.--The Secretary
may not make a grant or award using funds made available under this
Act, or award other Federal financial assistance to the California
High-Speed Rail Authority until the due date of the report described in
subsection (d).
(f) Consideration of Recommendation.--The Secretary shall consider
Working Group recommendations in determining future Federal funding
requests for the California High-Speed Rail Project.
(g) Cessation.--Upon submission of the report to Congress under
subsection (d), or 2 years after the date of enactment of the Act,
whichever is earlier, the Working Group shall cease to exist.
SEC. 10303. ROUTE-SPECIFIC REPORTS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall conduct an examination of intercity
passenger rail service and an evaluation of the feasibility of
establishing or expanding services.
(b) Considerations.--In conducting the evaluation under subsection
(a), the Secretary shall work with project sponsors to obtain
appropriate data and consider the following factors to ensure any route
recommended is economically and financially justified:
(1) Whether the project will achieve the outcome and goals
related to the proposal for route establishment, enhancement,
or expansion.
(2) Whether the proposal for route establishment or
expansion will require local, State, or Federal economic
support and the degree of such support.
(3) A comparative examination of the proposed service to
other potential modes of transportation along the same
corridor.
(4) Whether the proposal for route establishment or
expansion reduces community impact, including alleviating
highway or aviation congestion, aids with the State's
transportation resilience plan, or follows existing
transportation or utility corridors.
(5) The environmental impacts of the proposed service.
(6) The cost and timeline estimate for initiating passenger
service.
(7) Additional issues related to the costs and benefits of
the projects identified.
(8) Motive power options for the routes.
(c) Routes for Evaluation.--In conducting the evaluation under
subsection (a), the Secretary may explore potential route establishment
or expansion throughout the United States to determine which routes are
the most feasible for development. The evaluation may include the
following routes:
(1) Between Kansas City, Missouri, and Oklahoma City,
Oklahoma, by way of Newton, Kansas.
(2) Between Akron, Ohio, and Canton, Ohio.
(3) A rail corridor between the District of Columbia and
Florida, including an examination of all motive options.
(4) Between Los Angeles, San Diego, and San Luis Obispo,
California.
(5) Between Austin, Texas, and Laredo, Texas, by way of San
Antonio, Texas, with an extension to Monterrey, Nuevo Leon,
Mexico.
(6) Between Scranton, Pennsylvania, and New York City, New
York.
(7) Additional routes, as identified by the Secretary.
SEC. 10304. STUDY ON COMMUTER RAIL PASSENGER TRANSPORTATION AND
TRANSFERS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall initiate a study identifying
the benefits of commuter rail passenger transportation and major
obstacles to providing commuter rail passenger transportation that does
not involve a transfer for passengers.
(b) Requirements.--In conducting the study under subsection (a),
the Comptroller General shall--
(1) consider economic, logistical, and quality of life
factors in analyzing the major obstacles to implementing
single-seat trips on commuter rail passenger transportation for
as many passengers as possible; and
(2) include in such study an analysis of the costs and
benefits with respect to single-seat trips on commuter rail
passenger transportation on the New Jersey Transit Raritan
Valley line during peak hours and the impact such trips would
have on other New Jersey Transit lines.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study under subsection (a).
(d) Commuter Rail Passenger Transportation Defined.--In this
section, the term ``commuter rail passenger transportation'' has the
meaning given such term in section 24102 of title 49, United States
Code.
SEC. 10305. ADJUSTMENT OF LIABILITY CAP.
(a) In General.--Section 28103 of title 49, United States Code, is
amended--
(1) in subsection (a)(2) by striking ``$200,000,000'' and
inserting ``$323,000,000''; and
(2) in subsection (c) by striking ``$200,000,000 per
accident or incident'' and inserting ``the amount described in
subsection (a)(2)''.
(b) Adjustment of Liability Cap.--
(1) Adjustment.--The limit on aggregate allowable awards
described in section 28103(a)(2) of title 49, United States
Code, shall be adjusted pursuant to this subsection every fifth
year after the date of enactment of this Act.
(2) Working group.--The Secretary shall convene a working
group to review the percentage of such adjustment and convene
such working group during the third year of each 5-year period.
(3) Composition of working group.--The Secretary shall
ensure that the working group consists of representatives of
the Federal Railroad Administration and at least 2
representatives from each of the following entities:
(A) Operators of intercity passenger rail services.
(B) Operators of commuter railroads or
organizations representing commuter railroads.
(C) Relevant insurance providers or organizations
representing relevant insurance industries.
(D) Advocates of victims of rail accidents or
incidents or organizations representing those
advocates.
(E) Organizations representing railroad employees.
(4) Recommendation of adjustment amount.--Not later than 90
days after a working group is convened under paragraph (2), the
working group shall submit to the Secretary a recommendation
for a percentage by which the limit on aggregate allowable
awards described in section 28103(a)(2) of title 49, United
States Code, should be adjusted, after taking into
consideration--
(A) any incidents or accidents for which the award
reached such amount occurring within the previous 5-
year period;
(B) the effect of safety technology or other
changing factors on the risk of rail incidents or
accidents within the previous 5-year period; and
(C) the severity of each accident or incident
examined, including as measured by damages incurred.
(5) Determination.--Not later than 90 days after the
working group recommends an adjustment under paragraph (4), the
Secretary shall, taking into account such recommendation--
(A) determine an appropriate adjustment amount,
except that such adjustment may not be an increase of
less than 2 percent or greater than 10 percent over the
amount in effect as of the date on which the working
group is convened; and
(B) provide public notice of such amount that
contains an explanation for the amount described in
subparagraph (A), including any justifications for
deviating from the recommendation of the working group.
(6) Failure to reach a determination.--If the working group
fails to recommend an adjustment amount or the Secretary fails
to publish an adjusted limit on aggregate allowable awards,
then on January 1 of the fourth year, the limit on aggregate
allowable awards shall be automatically increased by 10 percent
and the Secretary shall provide appropriate public notice of
such adjustment.
(7) Effective date.--Any adjustment made by the Secretary
pursuant to this subsection shall take effect on the date that
is 1 year after the date on which the Secretary provides notice
under paragraph (5)(B).
(c) Repeal.--Section 11415 of the Passenger Rail Reform and
Investment Act of 2015 (Public Law 114-94) is amended--
(1) in subsection (a) by striking the subsection
designation and subsection heading; and
(2) by striking subsection (b).
Subtitle D--Rail Safety and Innovation
SEC. 10401. RAIL BRIDGE SAFETY.
(a) Rail Bridge Inspections.--Section 20105 of title 49, United
States Code, is amended--
(1) by striking ``facilities,'' in each place it occurs and
inserting ``facilities, bridges,''; and
(2) by striking ``facility,'' in each place it occurs and
inserting ``facility, bridges,''.
(b) Railroad Bridge Safety Assurance.--Section 417(d)(2) of the
Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively;
(2) by striking subparagraph (A) and inserting the
following:
``(A) Requests from committees.--The Chairman or
Ranking Member of the Committee on Transportation and
Infrastructure of the House of Representatives, or the
Chairman or Ranking Member of Committee on Commerce,
Science, and Transportation of the Senate, may file a
request with the Secretary for a public version of the
bridge inspection report generated under subsection
(b)(5).
``(B) Limitation.--A State or political subdivision
of a State may file a request with the Secretary for a
public version of the bridge inspection report
generated under subsection (b)(5), but may not file
more than 50 such requests during any 6-month
period.''; and
(3) in subparagraph (C), as so redesignated, by striking
``If the Secretary determines that the request is reasonable,
the Secretary'' and inserting ``The Secretary''.
(c) Rail Bridge Inspection Reports.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall update
applicable regulations concerning inspection reports for railroad
bridges under subsections (d)(2)(C) and (b)(5) of section 417 of the
Rail Safety Improvement Act of 2008 (49 U.S.C. 20103 note) to ensure
each report reflects whether inspected bridges meet minimum structural
and safety standards, as determined by a qualified railroad inspector.
(d) Rail Bridge Safety Concern Reporting System.--Section 20145 of
title 49, United States Code, is amended to read as follows:
``Sec. 20145. Rail bridge safety concern reporting system
``(a) Establishment.--Not later than 2 years after the date of
enactment of the BUILD America 250 Act, the Secretary of Transportation
shall establish a system, to be known as the Rail Bridge Safety Concern
Reporting System (referred to in this section as the `System'), through
which State, local, Tribal, and territorial governmental entities may
report safety concerns about the condition of railroad bridges.
``(b) System Development.--In developing the System, the Secretary
shall--
``(1) streamline and simplify the data management process
of the Department of Transportation; and
``(2) require an entity making a report under the System to
certify that the report is based on an observed or verifiable
factor described in subsection (c)(1) by the official filing of
the report.
``(c) System Functions.--
``(1) Reporting safety concerns.--The Secretary shall
permit a State, local, Tribal, and territorial governmental
entity to use the System to report to the Secretary a safety
concern, regarding the condition of a railroad bridge, based on
certain factors, including--
``(A) extreme shaking or excess movement during the
passage of a train or an extreme weather event;
``(B) components of the railroad bridge falling
onto surrounding areas; and
``(C) any other factor that the Secretary
determines to be significant to the structural or
operational safety of the bridge.
``(2) Investigations.--If the Secretary determines a report
submitted through the System describes a reasonable safety
concern regarding the structural or operational safety of a
bridge, the Secretary shall investigate such safety concern to
determine the risk posed by the railroad bridge to--
``(A) the operations of the railroad concerned;
``(B) the safety of railroad workers;
``(C) the safety of the general public; and
``(D) the safety of individuals who traverse on,
under, or near the railroad bridge, including
pedestrians, cyclists, and individuals traveling by
motor vehicle or boat.
``(3) Repair or suspension of use.--If the Secretary
determines that a safety concern investigated pursuant to
paragraph (2) poses a significant threat to the structural or
operational safety of a railroad bridge or the safety of any of
the parties described in subparagraphs (A) through (D) of
paragraph (2), the Secretary shall direct the Administrator of
the Federal Railroad Administration to coordinate with the
railroad concerned to establish a plan that addresses the
safety concern, which may include--
``(A) requiring the immediate repair of the
railroad bridge;
``(B) imposing weight or speed restrictions on the
bridge; and
``(C) any restriction or prohibition ordered by the
Secretary under section 20104(a), if the Secretary
determines that such safety concern--
``(i) involves an unsafe condition or
practice, or a combination of unsafe conditions
and practices; or
``(ii) causes an emergency situation
involving an imminent hazard of death, personal
injury, or significant harm to the environment.
``(d) Definitions.--In this section:
``(1) Railroad bridge.--The term `railroad bridge' means
any structure with a deck, regardless of length, that supports
one or more railroad tracks, or any other undergrade structure
with an individual span length of 10 feet or more located at
such a depth that is affected by live loads.
``(2) State.--The term `State' has the meaning given the
term in section 20167(c).''.
SEC. 10402. PUBLIC AVAILABILITY OF FEDERALLY FUNDED DATA.
(a) In General.--Section 20108 of title 49, United States Code, is
amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Accessibility of Federally Funded Data.--The Secretary shall
make freely available and publicly accessible any publications and
relevant supporting data resulting from research funded pursuant to
subsection (a), including peer-reviewed scholarly publications.''.
(b) Implementation.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall develop a plan to support
increased public access to publications and supporting data for
research funded pursuant to section 20108 of title 49, United States
Code.
(c) Data Protection.--In carrying out section 20108(j) of title 49,
United States Code, the Secretary may restrict the release of
information protected from disclosure under section 552 of title 5,
United States Code.
SEC. 10403. SAFETY CULTURE GRANT PROGRAM.
Chapter 201 of title 49, United States Code, is amended by adding
at the end the following:
``Sec. 20172. Safety culture grant program
``(a) In General.--The Secretary, acting through the Administrator
of the Federal Railroad Administration, may make grants to nonprofit
organizations specializing in railroad safety and safety culture to--
``(1) conduct safety culture assessments and safety
training for Class II railroads, Class III railroads, commuter
railroads, and other eligible railroads;
``(2) provide technical assistance and conducting
educational programs and courses including leadership and
employee development training to the railroads described in
paragraph (1);
``(3) create and implement safety best practices within the
industries of the railroads described in paragraph (1); and
``(4) provide safety training equipment--
``(A) to Class II railroads and Class III railroads
for use in enhancing hazardous material safety
training; and
``(B) to public service emergency responders for
use in training regarding the safe transportation of
hazardous materials and response to railroad incidents
involving hazardous materials.
``(b) Definitions.--In this section:
``(1) Commuter railroad.--The term `commuter railroad' has
the meaning given the term `commuter rail passenger
transportation' in section 24102.
``(2) Other eligible railroads.--The term `other eligible
railroads' means railroads that the Secretary determines would
benefit from safety culture assessments or safety-related
instruction, including industrial railroads, plant railroads,
terminal railroads, historic railroads, tourist railroads, and
switching railroads, to the extent such railroads meet the
definition of `railroad' under section 20102.
``(c) Grant Conditions.--The provisions of section 22905 shall
apply to grants made under this section.
``(d) Statutory Construction.--Nothing in this section shall be
construed to--
``(1) expand the definition of `railroad' under section
20102; or
``(2) limit the authority of the Secretary to conduct
safety culture assessments pursuant to any other provision of
law.''.
SEC. 10404. IMPROVED SUPPORTING INFORMATION TRANSPARENCY AND USING
PERFORMANCE-BASED REGULATIONS DURING RULEMAKING.
(a) Supporting Information Transparency and Quality.--
(1) In general.--Subchapter I of chapter 201 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 20122. Supporting information transparency and quality
``(a) Supporting Information Transparency.--
``(1) In general.--Except as otherwise provided under
paragraph (3), the Secretary of Transportation shall place, in
the appropriate docket, supporting information described in
paragraph (2), including associated analysis, that is used by
the Department of Transportation in relation to a proposed rule
issued pursuant to this subtitle on the date such proposed rule
is published in the Federal Register.
``(2) Supporting information.--The supporting information
and analyses described in paragraph (1) shall include--
``(A) the data and sources on which the regulation
and regulatory analysis is based; and
``(B) relevant technical and scientific findings.
``(3) Exception.--The Secretary may not publish supporting
information that is security-sensitive, privileged information
or confidential business information pursuant to this
subsection.
``(b) Supporting Information Quality.--
``(1) In general.--The Secretary shall, as practicable,
ensure that a rule proposed or adopted pursuant to this
subtitle is informed by supporting information that the
Secretary determines to be reasonably obtainable supporting
information, and any associated analysis, concerning--
``(A) the need to be addressed; and
``(B) how the rule addresses the need.
``(2) Information quality.--To the extent practicable,
utilizing reasonably obtainable supporting information required
under paragraph (1), the Secretary shall consider--
``(A) up-to-date and relevant data;
``(B) validated models and formulas; and
``(C) independent, peer-reviewed--
``(i) studies, including statistically
significant findings; and
``(ii) scientific, technical, and economic
findings, including, statistically significant
findings.''.
(2) Clerical amendment.--The analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the
item relating to section 20121 the following:
``20122. Supporting information transparency and quality.''.
(b) Performance-Based Regulations.--
(1) In general.--Subchapter I of chapter 201 of title 49,
United States Code, is further amended by adding at the end the
following:
``Sec. 20123. Performance-based regulations
``(a) In General.--In conducting a rulemaking activity pursuant to
this subtitle, the Secretary of Transportation shall consider using an
approach to the rule that specifies performance objectives rather than
an approach that identifies or requires the specific manner of
compliance that a regulated person or entity must adopt.
``(b) Justification.--If the Secretary does not use the approach
described in subsection (a), the Secretary shall include in the summary
section of the preamble of the rulemaking--
``(1) a statement that the selected approach is
prescriptive or nonperformance-based; and
``(2) a justification for the prescriptive or
nonperformance-based approach, as applicable, including an
explanation of the reasons for the selection of an approach
other than the approach described in paragraph (1).''.
(2) Clerical amendment.--The analysis for chapter 201 of
title 49, United States Code, is further amended by inserting
after the item relating to section 20122 the following:
``20123. Performance-based regulations.''.
SEC. 10405. INSTALLATION OF IMAGE RECORDING DEVICES.
Section 20168 of title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Not later than 180 days after the date of
enactment of the BUILD America 250 Act, the Secretary of Transportation
shall issue regulations to require each Class I railroad to install
inward- and outward-facing image recording devices in all controlling
locomotive cabs and cab car operating compartments not later than 2
years after the date on which such regulations are issued.'';
(2) in subsection (c) by striking ``shall establish a
process'' and all that follows and insert the following:
``shall--
``(1) establish a process to review and approve or
disapprove an inward- or outward-facing image recording device
for compliance with the standards described in subsection (b);
and
``(2) deem approved under this section any inward-or
outward-facing image recording device installed as of the date
of enactment of the BUILD America 250 Act that meets the
standards described in subsection (b) for 5 years following the
date on which regulations are issued under subsection (a).'';
(3) in subsection (f)(2) by striking ``passenger'' each
place it appears; and
(4) by adding at the end the following:
``(k) Applicability.--This section shall not apply to any railroad
carrier covered by this section on the date of enactment of the FAST
Act (Public Law 114-94).''.
SEC. 10406. MEMBERSHIP OF NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
Paragraph (6) of section 1204(b) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102(b))
is amended to read as follows:
``(6) the MxV Learning Institute; and''.
SEC. 10407. PREVENTING TAMPERING WITH WAYSIDE DEFECT DETECTORS.
(a) Review and Evaluation.--The Secretary shall convene a working
group to--
(1) review and evaluate local, State, and Federal laws
regarding tampering with wayside defect detectors and other
railroad safety and operational monitoring devices;
(2) develop model tamper prevention strategies for the
consideration of State and local governmental entities, and
railroads, to deter wayside detector tampering; and
(3) review and evaluate existing railroad carrier wayside
defect detector installation and maintenance policies.
(b) Participants.--The Secretary shall include in the working group
established under this subsection at least 1 representative from each
of the following:
(1) An organization representing Class I railroads.
(2) An organization representing locomotive engineers and
conductors.
(3) An organization representing employees who install and
maintain wayside equipment.
(4) An organization representing a State or Federal law
enforcement agency responsible for enforcing laws to prevent
damage to wayside equipment.
(5) A manufacturer or organization representing
manufacturers of wayside equipment.
(c) Requirements.--The working group established under this
subsection shall complete the activities required under paragraph (1)
not later than 1 year after the date of enactment of this Act.
SEC. 10408. RAIL TECHNOLOGY AND ASSET PILOT PROGRAM.
(a) In General.--The Secretary, in cooperation with the
Administrator of the Federal Railroad Administration, shall establish a
pilot program to award grants on a competitive basis to eligible
recipients described in subsection (b) for rail technology systems and
assets to--
(1) improve rail transportation safety and efficiency;
(2) reduce cargo theft; or
(3) monitor rail network fluidity
(b) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
(1) Railroad freight car owners or operators.
(2) Railroad freight car manufacturers.
(3) Rail network data platform firms.
(4) A State or the District of Columbia.
(5) A group of States.
(6) An interstate compact.
(7) A federally recognized Indian Tribe.
(8) A public agency or publicly chartered authority
established by 1 or more States.
(9) A political subdivision of a State.
(c) Eligible Use of Funds.--Funds provided under this section may
be used by an eligible recipient for a project to carry out activities
to purchase, install, maintain, or replace--
(1) telematics systems or gateway devices;
(2) positive train control upgrade systems;
(3) wheel and bearing integrity and alignment failure
detection and monitoring systems;
(4) sensor-based systems, including train inspection
portals;
(5) locomotives used in switching service;
(6) Tier III or higher locomotives used in switching
service; and
(7) technologies to allow train crew members to communicate
while inspecting and riding equipment.
(d) Applications.--
(1) In general.--An eligible entity may submit to the
Secretary an application for a grant under this section at such
time, in such manner, and containing such information as the
Secretary may require that relate to the purposes described in
subsection (a).
(2) Transparency.--The Secretary shall include, in any
notice of funding availability relating to a grant under this
section, a full description of the method by which applications
under paragraph (1) will be evaluated.
(e) Prioritization for Telematics Systems and Gateway Devices
Grants.--
(1) In general.--In selecting an eligible recipient for a
grant under this section, the Secretary shall prioritize an
eligible recipient that proposes to carry out a project
described under subsection (c)(1).
(2) Projects.--Of the prioritized projects under paragraph
(1), the Secretary shall further prioritize, in the order
listed, the following:
(A) Newly built railroad freight cars by a
qualified manufacturer in a qualified facility.
(B) Railroad freight cars entering a certification
event in a qualified facility.
(C) Railroad freight cars entering a shopping event
or maintenance event in a qualified facility.
(3) Freight railcar type.--The Secretary shall ensure that
each recipient receiving a grant for tank cars selects railroad
freight cars for project activities in the following order of
priority:
(A) Tank cars in the ``TIH/PIH'' (toxic inhalation
products) service.
(B) Tank cars in Class I, II, and III flammable
service.
(C) Tank cars in hazardous materials service.
(D) Tank cars in specialized service.
(E) Freight cars in hazardous materials service.
(F) Other freight cars.
(f) Limitations.--
(1) Requirements for railroad freight cars.--No funds
provided by a grant under this section may be used for an
activity relating to railroad freight cars that does not meet
the requirements of section 20171 of title 49, United States
Code.
(2) Awards to entities.--The Secretary may not award more
than 20 percent of amounts made available in this section for
grants for each fiscal year to a single recipient.
(3) Application costs.--The Secretary may not reimburse an
eligible entity that receives funding under this section for
any application preparation costs for a grant under this
section.
(g) Reports.--
(1) Eligible entities.--Not later than 2 years after the
date on which an eligible entity receives a grant under this
section, and annually thereafter until the date on which the
grant is expended, the eligible entity shall submit to the
Secretary an implementation report that describes--
(A) the deployment of each project carried out by
the eligible entity; and
(B) the means by which each project carried out by
the eligible entity has met or addressed its intended
outcome, as projected in the grant application,
including--
(i) data describing the means by which the
project met the specific goals for the project;
and
(ii) recommendations for future deployment
strategies to improve safety or reduce cargo
theft.
(2) Secretary.--
(A) Report to congress.--Not later than 3 years
after the date of enactment of this Act, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the implementation and effects
of the grant pilot program established under this
section.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) a description of each eligible entity
and award issued pursuant to this section;
(ii) the number of railroad freight cars
equipped with telematic systems or gateway
devices using funds provided under this
section;
(iii) the number of freight railroad routes
equipped with telematic systems or gateway
devices using funds provided under this
section;
(iv) the cost of equipping such cars or
rail right-of-way or adjacent right-of-way with
such systems or devices referenced in clause
(ii) or (iii) and any ongoing software
licensing or other maintenance and lifecycle
replacement costs;
(v) the number of safety incidents
involving such railcars reported to the Federal
Railroad Administration using funds provided
under this section;
(vi) anecdotal experience of grant
recipients relating to the deployment of any
technology or asset acquired under this
section; and
(vii) any legislative recommendations
related to the pilot program established under
this section.
(C) Public availability.--The report required under
subparagraph (A) shall, to the maximum extent
practicable, be made publicly available on the website
of the Department without compromising confidentiality
or security.
(D) Consultation.--In preparing the report required
under subparagraph (A), the Secretary shall consult
with Federal agencies and stakeholders, as appropriate,
to gather technical, operational, and safety-related
data.
(h) Cost Share.--The Federal share of the cost of a grant award
under this section shall be 50 percent of the total cost of the
project.
(i) Definitions.--In this section:
(1) Certification event.--The term ``certification event''
means a railroad freight car that is required by regulation to
be recertified in a maintenance facility or qualified facility.
(2) Gateway device.--The term ``gateway device'' means a
network hardware or software node used in railroad monitoring
telecommunications that--
(A) connects at least 2 networks with different
transmission protocols together;
(B) serves as an entry and exit point for a network
as all data collected from the railcar must pass
through or communicate with the gateway prior to being
routed;
(C) are distinct from routers or switches in that
such nodes communicate using more than 1 protocol to
connect multiple networks; and
(D) may be any device on a railroad freight car
that is embedded with electronics, software, sensors,
or other connectivity, that enables the device to
connect to, collect data from, or exchange data with
another device, including--
(i) railcar onboard telematics;
(ii) global positioning system satellite
and cellular location tracking systems;
(iii) railcar event status sensors;
(iv) railcar predictive component condition
and performance monitoring sensors; and
(v) similar technologies embedded into
railroad freight car components and sub-
assemblies.
(3) Positive train control systems.--The term ``positive
train control system'' has the meaning given such term in
section 20157(i) of title 49, United States Code.
(4) Shopping event.--The term ``shopping event'' means a
railroad freight car that is undergoing regular or routine
maintenance by a railcar maintenance facility or qualified
facility.
(5) Telematics system.--The term ``telematics system''
means a technology that--
(A) relies on telecommunications, informatics, and
computer and data processing;
(B) generates data and informatics from gateway or
sensor devices fixed to railroad freight cars or
property on or adjacent to rail right-of-way and
provides for the exchange of information over a
distance that may use battery or solar-powered wireless
connections; and
(C) includes the method upon which railroad freight
cars are monitored by using global positioning system
technology through a gateway device or sensor using
onboard or wayside camera diagnostics to plot the
movements of such cars and, if applicable, gather
railcar equipment and train health and condition data
from other onboard or wayside camera railcar sensors
when applied.
(6) Other terms.--The terms ``railroad freight car'',
``qualified facility'', ``qualified manufacturer'', and
``state-owned enterprise'' have the meaning given such terms in
section 20171(a) of title 49, United States Code.
SEC. 10409. VENT AND BURN REPORT UPDATES.
(a) Implementation.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall take such actions as may be
necessary to implement the recommendations of the National
Transportation Safety Board numbered R-24-08 and R-24-09, issued on
June 25, 2024.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report detailing
the implementation of the recommendations required under subsection
(a).
SEC. 10410. RAIL FREIGHT CARGO SECURITY ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Federal Railroad
Administration shall initiate an assessment of security vulnerabilities
affecting freight rail cargo, with a focus on protecting the national
supply chain and reducing economic losses from organized theft and
sabotage.
(b) Contents.--The assessment under subsection (a) shall include--
(1) an identification of high-risk corridors, yards,
sidings, highway-rail grade crossings, and other infrastructure
determined by the Administrator to be vulnerable to theft or
tampering;
(2) an evaluation by the Administrator of physical and
operational security protocols and best practices used by
freight railroad carriers, including the ability of train crews
to monitor and communicate along the length of a train consist;
(3) an assessment by the Administrator of the effects of
rail cargo theft, including the effects on supply chains, the
costs incurred by consumers, and the effects on regional
commerce; and
(4) recommendations of the Administrator with respect to
improving security and resilience of freight rail cargo,
including coordination strategies, voluntary guidance, and
operational best practices.
(c) Consultation.--In conducting the assessment under subsection
(a), the Administrator may consult with--
(1) freight rail carriers, including short line operators,
Class I railroads, and Class II railroads (as defined in
section 20102 of title 49, United States Code), and the police
departments of such freight rail carriers;
(2) State and local law enforcement and transportation
agencies;
(3) relevant Federal entities as determined appropriate by
the Administrator; and
(4) shippers, intermodal operators, and private sector
supply chain stakeholders, including freight rail insurance
providers.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the findings of the assessment under subsection (a) and
including any recommendations of the Administrator with respect to
security vulnerabilities affecting freight rail cargo.
SEC. 10411. 50-YEAR RULE REVISION.
(a) Rulemaking.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall finalize the
rulemaking described in the notice of proposed rulemaking
issued on July 1, 2025, titled ``Repealing Special Approval
Requirement for Freight Cars More Than 50 Years Old'' (90 Fed.
Reg. 28633).
(2) Limitation.--The rulemaking required under paragraph
(1) shall not impose any additional paperwork, testing, or
inspection requirements for such railroad freight cars on
railcar manufacturers, railcar owners, or railroads than were
required for any railroad freight car that is not more than 50
years old on July 1, 2025.
(b) Savings Clause.--Nothing in this section shall prohibit the
Secretary from issuing an emergency order regarding any railroad
freight car that is more than 50 years old, measured from the date of
original construction, under section 20104 of title 49, United States
Code.
SEC. 10412. SELF-CONTAINED PROPELLED FREIGHT VEHICLE.
(a) Rulemaking.--Not later than the earlier of 1 year after the
date of enactment of this Act or completion of the self-propelled rail
vehicle Test Program in Federal Railroad Administration Docket Number
FRA 2023-00666, the Secretary shall issue a notice of proposed
rulemaking to issue safety regulations for self-contained propelled
freight vehicles.
(b) Self-Contained Propelled Freight Vehicle.--In issuing a final
rule resulting from the proposed rulemaking noticed under subsection
(a), the Secretary, in response to public comments, shall consider in
the definition of a self-contained propelled freight car, a railcar
that--
(1) is designed and primarily intended to be used to
transport freight;
(2) is autonomous or remotely controlled, and does not
carry crew or passengers;
(3) operates singularly or in coordinated multiple-unit
consist that may or may not include traditional railcars or
locomotives;
(4) is self-propelled and equipped with onboard propulsion
and braking technologies on each unit, or on separate units
when operated as part of a consist; and
(5) does not transport any hazardous materials.
SEC. 10413. RAILROAD SAFETY ADVISORY COMMITTEE EVALUATION OF NATIONAL
ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
FINDINGS.
(a) In General.--The Secretary, acting through the Administrator of
the Federal Railroad Administration, shall convene a working group
within the Railroad Safety Advisory Committee under section 20124 of
title 49, United States Code, to develop recommendations on trains of
varying lengths, including--
(1) methods and technologies that can be implemented by a
railroad carrier to improve the capabilities, competencies, and
training that train crews and other railroad employees require
for safe operation, assembly, and inspection; and
(2) technological means performance standards to ensure
train crew members have the capability to communicate with the
entirety of the train, including while inspecting and riding
equipment, in a manner that is continuously maintained and does
not create personal safety hazards.
(b) Regulatory Approach.--In developing recommendations under this
section, the working group shall--
(1) ensure that such recommendations and findings are--
(A) supported by evidence; and
(B) support the safe and efficient operation of
varying train lengths;
(2) consider economic impacts of such recommendations; and
(3) evaluate impacts of such recommendations on communities
affected by freight rail movements, first responders, and
railroad employees.
(c) Data.--For the report required under subsection (d), the
Secretary shall evaluate the information provided pursuant to section
22421(b) of the Infrastructure Investment and Jobs Act (49 U.S.C. 20901
note), in conjunction with FRA Safety Advisory 2023-03, issued by the
Federal Railroad Administration on May 2, 2023 (88 Fed. Reg. 27570),
and the recommendations of the Railroad Safety Advisory Committee.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate, a
report containing the findings and recommendations developed under this
section, and shall make such findings and recommendations available to
the public on the website of the Federal Railroad Administration.
SEC. 10414. BLOCKED CROSSINGS.
(a) Blocked Crossing Portal.--Section 22404 of the Infrastructure
Investment and Jobs Act (49 U.S.C. 22907 note) is amended--
(1) in subsection (a) by striking ``3-year'';
(2) by striking subsection (h) and inserting the following:
``(h) Use of Blocked Crossing Portal Data for Grant
Considerations.--
``(1) In general.--The Secretary may use the frequency and
severity of verified blocked crossing incidents in the blocked
crossing portal maintained under this section to evaluate
projects that would reduce the frequency or severity of such
incidents when selecting grant recipients under sections 22907
and 22909 of title 49, United States Code.
``(2) Evaluation.--In carrying out this subsection, the
Secretary shall evaluate projects described in paragraph (1) in
the following order:
``(A) There are verified delays of more than 10
minutes affecting State or local emergency services and
there are no alternate public highway-rail grade
separation routes within a half mile by road.
``(B) There are no alternate public highway-rail
grade separation routes within a half mile by road.
``(3) Blocked crossing incident defined.--In this
subsection, the term `blocked crossing incident' means a
circumstance in which a train, locomotive, rail car, or other
rail equipment is stopped in a manner that obstructs travel at
a public highway-rail grade crossing, not caused by factors
beyond the reasonable control of the railway operator.''; and
(3) by striking subsections (j) and (k) and inserting the
following:
``(j) Rule of Construction.--Nothing in this section may be
construed to invalidate any authority of the Secretary with respect to
blocked highway-rail grade crossings.''.
(b) Investigations of Frequently Blocked Crossings.--
(1) In general.--Based on an analysis of data submitted to
the blocked crossing portal established and maintained under
section 22404 of the Infrastructure Investment and Jobs Act (49
U.S.C. 22907 note), the Secretary shall take the following
actions with respect to any public highway-rail grade crossing
for which there have been 3 or more reported blocked crossing
incidents within a 30-day period:
(A) Provide electronic notice to the railroad
carrier that owns or operates over the public highway-
rail grade crossing of the number and frequency of
reported blocked crossing incidents.
(B) In consultation with the railroad carrier,
which shall be required to maintain data for blocked
crossings for not more than 60 days, examine the causes
of the blocked crossing incidents.
(C) Identify and evaluate voluntary, practicable
measures to reduce the frequency and duration of
blocked crossing incidents at the grade crossing.
(D) Assess eligibility for Federal financial
assistance, including under sections 22907 and 22909 of
title 49, United States Code.
(E) Consider the availability and adequacy of
alternative routes, including whether reasonably
accessible and safe routes exist to allow the traveling
public, including emergency responders, to circumvent
the blocked crossing.
(2) Blocked crossing incident defined.--In this subsection,
the term ``blocked crossing incident'' means a circumstance in
which a train, locomotive, rail car, or other rail equipment is
stopped in a manner that obstructs travel at a public highway-
rail grade crossing, not caused by factors beyond the
reasonable control of the railway operator.
(c) Publication of Blocked Crossing Information.--Not later than 60
days after the date of enactment of this Act, the Federal Railroad
Administration shall publish on the home page of the publicly-available
website of the Administration an active link to the blocked crossing
portal established and maintained under section 22404 of the
Infrastructure Investment and Jobs Act (49 U.S.C. 22907 note).
(d) Railroad Point of Contact for Blocked Crossing Matters.--
Section 20152 of title 49, United States Code, is amended by adding at
the end the following:
``(c) Railroad Point of Contact for Blocked Crossing Matters.--The
Secretary shall make any telephone service established under subsection
(a) publicly available on the website of the Department of
Transportation.''.
(e) Public Engagement.--Not later than 1 year after the date of
enactment, the Secretary shall engage with State and local emergency
services to--
(1) provide accessible resources on best practices to
reduce first responder delays at rail crossings;
(2) collaborate with railroads on identifying critical
crossings for first responders and possible operational
changes; and
(3) promote the adoption and increased use of real-time and
predictive rail crossing information.
SEC. 10415. CIVIL PENALTIES.
(a) Civil Penalties Related to Transporting Hazardous Materials.--
Section 5123(a) of title 49, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``$75,000'' and inserting ``$150,000''; and
(2) in paragraph (2), by striking ``$175,000'' and
inserting ``$350,000''.
(b) General Violations of Chapter 201.--Section 21301(a)(2) of
title 49, United States Code, is amended--
(1) by striking ``$25,000.'' and inserting ``$50,000''; and
(2) by striking ``$100,000.'' and inserting ``$200,000''.
(c) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a) is amended--
(1) in paragraph (1), by striking ``203-209'' each place it
appears and inserting ``203 through 209''; and
(2) in paragraph (2)--
(A) by striking ``$25,000'' and inserting
``$50,000''; and
(B) by striking ``$100,000'' and inserting
``$200,000''.
(d) Violations of Chapter 211.--Section 21303(a)(2) is amended--
(1) by striking ``$25,000'' and inserting ``$50,000''; and
(2) by striking ``$100,000'' and inserting ``$200,000''.
SEC. 10416. PRESSURE RELIEF DEVICES.
(a) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Administrator of the Federal Railroad
Administration shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report that
includes--
(1) the rate and causes of rail tank car pressure relief
device failures in a derailment event including information and
variables relating to each event, including--
(A) the number of tank cars involved in such
derailment;
(B) whether or not the event included a fire;
(C) in the case of a fire, the temperature and
duration of the fire;
(D) the length of the time of use before, and
circumstances of, the failure of a pressure relief
device; and
(E) with respect to each pressure relief device
that failed--
(i) an assessment of the compatibility of
the device with each commodity transported by a
tank car involved in such derailment;
(ii) an assessment of the ability of the
device to survive high heat conditions,
including any thermal protection used on the
device for such conditions; and
(iii) identification of the orientation of
the device in each tank car, including whether
the orientation is--
(I) above or below the vapor line;
or
(II) in the liquid space;
(2) recommendations to prevent or reduce the incidence of
rail tank car pressure relief device failures;
(3) the status of any recommendations issued by the
National Transportation Safety Board, including any
recommendations issued during the period beginning on the date
of enactment of this Act and ending on the date on which the
Administrator initiates the report; and
(4) additional factors and issues identified by the
Administrator upon consultation with entities described in
subsection (b).
(b) Consultation Required.--In developing the report under
subsection (a), the Administrator shall consult with--
(1) the Administrator of the Pipeline and Hazardous
Materials Safety Administration;
(2) rail employers;
(3) organizations representing rail employees;
(4) rail tank car builders, shippers, and owners; and
(5) organizations representing rail tank car builders, rail
employers, shippers, and owners.
SEC. 10417. FEDERAL RAILROAD ADMINISTRATION SAFETY WORKFORCE.
(a) Additional Rail Safety Employees.--The Administrator of the
Federal Railroad Administration shall maintain not less than 713 rail
safety employees in the Office of Safety of the Administration, which
includes safety inspectors, in the following disciplines:
(1) Hazardous Materials.
(2) Track.
(3) Motive power and equipment.
(4) Signals and train control.
(5) Operating practices.
(6) Rail grade crossings.
(b) Report to Congress.--The Administrator of the Federal Railroad
Administration shall include a breakdown of the Office of Safety
personnel by discipline as described in subsection (a) as part of the
annual budget justification of the Federal Railroad Administration,
including an explanation for any variation compared to the authorized
number of rail safety employees.
SEC. 10418. FRA SAFETY INSPECTOR AND SPECIALIST REVIEW.
(a) Review.--The Administrator of the Federal Railroad
Administration, in consultation with the Director of the Office of
Personnel Management, shall review the position descriptions and pay
grades of railroad safety inspection personnel and railroad safety
specialist employed by the Office of Railroad Safety.
(b) Contents of Review.--In conducting the review under subsection
(a), the Administrator shall--
(1) consider whether the descriptions of the positions
described in subsection (a) accurately reflect the scope of
work and duties of the personnel and specialists in such
positions, including the role and use of new technologies on
such work and duties;
(2) compare the pay grades of personnel and specialists in
such positions to the pay grades of personnel employed by other
Department of Transportation agencies and the National
Transportation Safety Board who have comparable scopes of work,
responsibilities, and duties;
(3) assess whether the Administration experiences
difficulty in recruiting or retaining personnel and specialists
in such positions and identify the reasons for such difficulty;
(4) assess differences in pay, benefits, and other relevant
factors between personnel and specialists in such positions and
personnel in similar positions in the private railroad sector;
and
(5) assess whether existing classification authorities, pay
flexibilities, and retention incentives should be revised to
achieve and maintain adequate staffing levels of qualified
personnel.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that--
(1) summarizes the findings of the review required under
this section;
(2) describes how the Administration plans to update the
position descriptions of railroad safety inspection personnel
and railroad safety specialists to accurately reflect the scope
of the work and duties; and
(3) describes any administrative or legislative actions the
Administrator determines may be necessary to address identified
recruitment or retention challenges with respect to the
employment of such personnel and specialists.
SEC. 10419. FEDERAL RAILROAD ADMINISTRATION SAFETY CULTURE.
(a) Review.--Not later than 1 year after the date of enactment of
this Act, the inspector general of the Department shall--
(1) conduct a review of the safety culture of the Federal
Railroad Administration using the framework developed by the
Nuclear Energy Agency of the Organisation for Economic Co-
operation and Development; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that contains the findings of such
review and includes recommendations for improving the safety
culture of the Federal Railroad Administration.
(b) Considerations.--In conducting the review under subsection
(a)(1), the inspector general shall consider the impacts of the Federal
Railroad Administration's--
(1) current and previous organization and structure on its
statutory mission; and
(2) workforce policies.
(c) Action Plan.--Not later than 1 year after the date of
submission of the report required under subsection (a)(2), the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an action plan
describing actions the Secretary may undertake in response to the
recommendations and findings of such report.
SEC. 10420. CONFIDENTIAL CLOSE CALL REPORTING.
(a) Confidential Close Call Reporting System Required.--Not later
than 180 days after the date of enactment of this Act, the Secretary
shall initiate a rulemaking to establish a confidential close call
reporting system that requires each Class I freight railroad carrier
to--
(1) enter into an implementing memorandum of understanding
(in this section referred to as an ``IMOU'') with the Secretary
and employees (or any nonprofit employee labor organization
representing a class or craft of the railroad's employees) to
participate in a confidential close call reporting system
program (in this section referred to as the ``C\3\RS
Program''); and
(2) comply with--
(A) the requirements of the IMOU; and
(B) any additional requirements the Secretary may
prescribe.
(b) Confidential Close Call Reporting System.--
(1) Reporting of unsafe events.--An IMOU entered into under
this section shall provide a process for railroad employees to
report a close call event to an independent third party, as
determined by the Secretary
(2) Reporting procedures.--
(A) Report form.--The independent third party
designated under paragraph (1) shall provide a
reporting form to employees covered by a memorandum of
understanding under subsection (a) to report each
observed close call event in detail, including
information such as the date, time, location,
contributing factors, actions taken, along with any
other information necessary to fully describe the
event.
(B) Multiple events.--To report multiple close call
events experienced during a single tour of duty, the
IMOU shall require that a separate close call report
form is required for each event.
(C) Public form.--The designated independent third
party shall make available on a public website a report
form for a close call event that includes instructions
on the submission of such form.
(c) Screening Required.--
(1) In general.--The designated independent third party
shall conduct an initial screening of reports submitted under
subsection (b) to determine if the initial close call report
contains insufficient information to determine acceptance. If
the designated independent third party determines that--
(A) the report contains insufficient information,
the designated independent third party shall notify the
reporting employee that the report contains
insufficient information; and
(B) the report can be accepted, the designated
independent third party shall notify the reporting
employee with a physical confirmation of the report's
acceptance and provide a report number or ID strip as
confirmation of the acceptance.
(2) Criteria for close call report acceptance.--In
conducting the initial screening under this subsection, the
designated independent third party--
(A) may accept any report for a close call event;
and
(B) may reject the following types of reports:
(i) Any train incident that meets the train
incident reporting threshold in effect on the
date the reported event occurred.
(ii) Any reported close call event that
caused or is alleged to have caused any
fatality, injury, illness, or medical treatment
of any kind to any individual (including
passengers) involved in the event.
(iii) Reports unrelated to the safety of
activities performed in support of railroad
operations.
(iv) Willful violations of part A of
subtitle V of title 49, United States Code, and
any rules, regulations, orders, and standards
issued pursuant to such part, including
violations related to the use of alcohol and
controlled substances.
(v) An event resulting in an identifiable
release of hazardous material.
(vi) Acts of sabotage or other criminal
offenses.
(vii) Report that exclusively involve a
personal grievance, including--
(I) a rejected time slip; or
(II) perceived unfairness by a
railroad manager or supervisor.
(viii) Reports not filed within 3 business
days of the date on which the event occurred.
(d) Reporting Employee Protections.--
(1) Confidentiality.--A close call report submitted under
this section by an employee shall not be disclosed in a
personally identifiable form.
(2) Personally identifiable information.--For purposes of
section 552 of title 5, United States Code, the identity of an
employee who submitted a close call report under this section,
or information that could lead to the identification of such an
employee, shall be exempt from such section.
(e) Condition Under Which a Reporting Employee Is Not Protected
From Railroad Discipline, Railroad Revocation of Certification, or
Other FRA Civil Enforcement.--
(1) Second screening.--For each accepted close call report,
a peer review team shall conduct a second screening to
determine whether the reporting employee is protected from
discipline, revocation of certification, or FRA civil
enforcement.
(2) Determination criteria.--The PRT shall determine that
the protection described under paragraph (1) is afforded to a
reporting employee for a reported event unless 1 or more of the
following conditions occurred:
(A) The report is rejected under subsection
(c)(2)(B), or the PRT has information that was
unavailable to the designated independent third party
during the initial screening indicating the report
should have been rejected under subsection (c)(2)(B).
(B) The employee's action or lack of action was
intended to damage the railroad or another entity's
operations or equipment or to injure other individuals,
or intentionally place an individual in danger,
including sabotage.
(C) The event is a real time observation not
eligible for reporting as described in subsection (k).
(f) Revocation of Certification.--The Administrator of the FRA
shall not require the railroad employing the reporting employee to
revoke the certification of the employee if--
(1) such report is accepted by the designated independent
third party; and
(2) the PRT determines that none of the conditions
described in subsection (e)(2) occurred.
(g) Railroad Protections.--
(1) Civil enforcement action.--The Administrator of the FRA
shall afford the same protection from FRA civil enforcement
action to a railroad involved in a close call event as the
protection afforded to an employee reporting through the
confidential close call reporting system for any event for
which an accepted close call report is filed.
(2) Exception.--If an employee report falls under an
exception under subsection (e)(2) and the reporting employee is
not afforded protection, the employing railroad shall not
receive protection from FRA civil enforcement.
(h) Collection and Confidentiality of Reported Information.--
(1) Maintenance of information reported under program.--The
designated independent third party shall act as the owner of
the information a reporting employee reports under the
confidential close call reporting program and shall protect the
confidentiality of such information.
(2) Compiled confidential report.--The designated
independent third party shall compile into a unified document
all information relevant to the reported close call event,
including information from the close call report and all other
information collected by the designated independent third party
through follow-up calls, for further analysis by the PRT.
(3) Protection from disclosure.--The designated independent
third party shall de-identify the unified document so that the
identity of the reporting employee and any other involved
employee, individual, or third party involved in the report can
no longer be determined. At minimum, the following shall be
removed:
(A) The employee close call report form and the
content of such form.
(B) The name of the individual reporting on such
event.
(C) The name of any other employee mentioned in the
report.
(D) Any third-party identifying information.
(E) Any information that would make it obvious that
fewer than 3 easily identifiable individuals could have
submitted the close call report, including--
(i) the exact location and time of a close
call; and
(ii) a description of specific, rarely used
equipment models.
(4) Limitation on provision of report to railroad.--In any
case in which the designated independent third party is unable
to protect the confidentiality of the reporter or any other
employee, individual, or third party involved in the event the
designated independent third party shall not forward the report
to the PRT.
(5) Publicly-available database.--After providing a unified
document to the PRT, the designated independent third party may
upload the report to a searchable database available to the
public, provided that the report does not contain any
information that could identify the railroad involved.
(6) Perpetuity of confidentiality.--The confidentiality of
the information collected under this section shall be preserved
in perpetuity.
(7) Limitation on access and ownership of information.--The
designated independent third party may grant all internal
third-party C\3\RS Program staff access to confidential
information for internal use only on a need-to-know basis and
only for the purposes of completing their work assignments.
(8) Additional.--In any case in which a railroad employee
is unaware that such employee was involved in a close call
event that was properly reported by another employee, upon
notification by the investigating railroad officer, the
railroad employee may--
(A) complete and submit a close call report
containing any information known to such railroad
employee regarding such event; and
(B) upon submission of a report described in
subparagraph (A), receive the same protections as the
individual who initially reported the close call.
(i) Limitation on Witness Testimony.--An employee who has received
protection from the adverse actions described in subsection (e) shall
not be required by the railroad to appear as a witness in a railroad
investigation of an employee who did not file a close call report.
(j) Requirements Involving ID Strip.--
(1) Lost or misplaced id strip.--If a reporting employee
facing discipline has lost or misplaced the ID strip assigned
under subsection (c)(1)(C), the reporting employee may request
a verification letter from the designated independent third
party. The designated independent third party shall provide the
letter as soon as is practicable.
(2) Discipline pending investigation.--In any case in which
a railroad initiates an investigation of a close call report, a
railroad shall not carry out any disciplinary action until an
ID strip is issued with respect to such report.
(3) Id strip applicability.--Upon availability of an ID
strip for a close call event, the reporting employee shall
present the ID strip to the charging railroad manager or
supervisor. If such railroad manager or supervisor determines
that the provided ID strip applies to the event, the railroad
shall close the discipline portion of the investigation into
the event. If the railroad manager or supervisor and employee
do not agree that the ID strip is applicable to the event and
the employee presents a copy of the ID strip to the PRT, the
PRT shall determine whether the event qualifies for protection
against discipline, certification revocation, and FRA civil
enforcement under this section.
(4) Dismissal of charges.--If the PRT determines the event
qualifies for discipline protection under this section, the
railroad shall dismiss all charges or assessed discipline,
including any revocation of certification, and all lost time
shall be paid.
(5) Nonqualification for certain protection.--If the PRT
determines the event does not qualify for discipline
protection, the PRT shall advise the charging railroad manager
or supervisor and the time limits for initiating disciplinary
proceedings may commence. In the case of a disciplinary
proceeding described in the preceding sentence, no party to the
applicable IMOU may use or reference the close call report in
any disciplinary or revocation proceeding.
(6) Civil enforcement.--Upon receiving notice of an FRA
civil enforcement for an event covered by an accepted close
call report, the reporting employee shall present the ID strip
to the FRA for assistance in resolving such notice consistent
with the confidential close call reporting system.
(k) Real-time Observations.--
(1) Time limitation.--In any case in which a real-time
observation is made by a railroad manager or supervisor, the
railroad manager or supervisor shall inform the observed
employee of the observation as soon as possible, but not to
exceed 2 hours from the time of the observation of the event.
(2) Violation of regulation or procedure.--A close call
event may be considered a real-time observation if an FRA
safety inspector notifies the observed employee or the
applicable railroad after observing the violation of a
regulation or the railroad's operating procedures or practices.
(3) Requirements.--In reporting a real-time observation
under this subsection, an FRA Safety Inspector shall document
the time, date, location, and a description of the observation
on an FRA inspection report. Such FRA Safety Inspector shall
provide a copy of the inspection report to the appropriate
railroad officer not later than 24 hours after the observation.
(l) Special Criteria for Known Event Reporting.--The following
special criteria apply:
(1) A report involving a known event is an eligible close
call event.
(2) An employee shall provide notification of the known
event in accordance with the railroad carrier's operating rules
without undue delay.
(3) An employee will file a close call report involving a
known event to designated independent third party within the
time limits set forth in subsection (c).
(4) The employing railroad of an employee who files a
report involving a known event shall not initiate any
discipline for an event such employee report to the designated
independent third party and that the designated independent
third party accepts.
(m) Oversight and Non-access Requirements.--
(1) Oversight by fra.--The Administrator of the FRA--
(A) shall oversee the scope and quality of the
C\3\RS Program; and
(B) shall not seek any information that may reveal
the identity of any individuals, organizations,
locations, or events included in a close call report.
(2) Nonaccess by railroads.--No Class I railroad may have
access to, or seek out, any information relating to a close
call report that may reveal the identity of any individual or
third party included in a close call report.
(n) Functions of PRT.--A PRT's primary responsibility shall be to
accept for review de-identified close call reports from the designated
independent third party, and to analyze such reports in order to--
(1) identify and analyze emerging patterns or trends in
close call reports, relate such patterns or trends to
corrective actions taken by the railroad carrier, and advise
and assist with the implementation of corrective actions;
(2) create, review, and discuss a summary report comprised
of the individual close call reports, emerging trends,
identified root causes, and suggested corrective actions;
(3) assess the association between emerging patterns or
trends in close call reports and relate such patterns or trends
to corrective actions taken by the railroad carrier;
(4) review and determine whether close call reports are
eligible for protections against discipline, certification
revocation, or civil enforcement under this section, including
determining whether reported events are ineligible for
protection as described in subsection (e)(2); and
(5) ensure adherence to time limits within an IMOU.
(o) Responsibilities of the PRT Support Team.--The responsibilities
of the PRT and, as applicable, the PRT support team shall include--
(1) evaluating and, if appropriate, implementing corrective
actions the PRT recommends in a timely manner;
(2) providing technical support to the PRT, including
during implementation of PRT-recommended corrective actions;
(3) reviewing PRT decisions and providing feedback to the
PRT, parties to the IMOU, and other stakeholders;
(4) reporting corrective actions the railroad carrier
implements to the PRT or reporting why no action was taken;
(5) distributing information regarding the corrective
actions to the employees at the locations to which an IMOU
applies; and
(6) reporting on the measured effectiveness of corrective
actions to the PRT.
(p) Definitions.--In this section:
(1) Adverse consequence.--The term ``adverse consequence''
means a negative impact that results from a human error or
system failure.
(2) Certification.--The term ``certification'' means--
(A) the qualification and certification of
locomotive engineers under part 240 of title 49, Code
of Federal Regulations, and the qualification and
certification of conductors under part 242 of title 49,
Code of Federal Regulations; and
(B) the qualification and certification of any
other craft of railroad employees under regulations
issued by Secretary or Administrator of the FRA.
(3) Class i freight railroad.--The term ``Class I freight
railroad'' means a freight railroad that in the last year for
which revenues were reported exceeded the threshold established
under regulations of the Surface Transportation Board under
section 1201.1-1 of title 49, Code of Federal Regulations.
(4) Close call.--The term ``close call'' means a condition,
event, or series of events that--
(A) if the condition or event recurs, such
condition or event has the potential to result in an
adverse consequence that is of increased seriousness to
railroad safety; and
(B) an action taken to mitigate the recurrence of
such condition or event may improve safety in support
of railroad operations.
(5) Discipline.--The term ``discipline'' means any action
taken by a Class I freight railroad that would result in a
materially adverse employment action including documented
verbal or written conferences, counseling, warnings,
suspension, termination, dismissal, and demotion.
(6) FRA.--The term ``FRA'' means the Federal Railroad
Administration.
(7) Fra safety inspector.--The term ``FRA Safety
Inspector'' means--
(A) an FRA safety inspector;
(B) a State inspector participating in railroad
safety investigative and surveillance activities under
part 212 of title 49, Code of Federal Regulations; or
(C) any other official duly authorized by the
Administrator of the FRA.
(8) Hazardous material.--The term ``hazardous material''
means a commodity designated as a hazardous material under part
72 of title 49, Code of Federal Regulations.
(9) ID strip.--The term ``ID strip'' means the information
contained in a close call report form that specifies the event
location and the reporting employee's personal and contact
information that the designated independent third party dates
and time stamps.
(10) Intercity rail passenger transportation; commuter
authority.--The terms ``intercity rail passenger
transportation'' and ``commuter authority'' have the meanings
given such terms in section 24102 of title 49, United State
Code.
(11) Known event.--The term ``known event'' means an event
below the train incident reporting threshold that does not
involve a fatality, injury, illness, or medical treatment, but
would require managerial notification and protection under
railroad policy or operating rules.
(12) Designated independent third party.--The term
``designated independent third party'' means a federal agency
designated by the Secretary to administer the C\3\RS program.
Such agency must have with experience managing close call
safety reporting programs.
(13) Need-to-know.--The term ``need-to-know'' means any
case in which internal designated independent third-party
C\3\RS Program staff (including designated independent third
party employees and contractors) may have access to information
only if such access is necessary for Program management and
programmatic evaluation and analysis that is administered by
designated independent third party and access to which is
granted in the sole discretion of the designated independent
third party Program manager.
(14) Peer review team; prt.--The terms ``peer review team''
and ``PRT'' mean a problem-solving team that consists of--
(A) representatives from the primary stakeholders
to an IMOU, including FRA, the railroad carrier, and
representatives of the employees who are part to the
IMOU;
(B) an equal number of management and labor
organization members who will be appointed and approved
by their respective organizations, and also consist of
FRA personnel; and
(C) for each primary stakeholder, at least 1
primary PRT representative who attends PRT meetings and
1 secondary PRT representative who serves as a back-up
to the primary PRT representative or representatives.
(15) Peer review support team; prt support team.--The terms
``peer review support team'' and ``PRT support team'' means a
support team that--
(A) helps a PRT review and, if appropriate,
recommend non-binding corrective actions based upon the
PRT's analysis of close call reports; and
(B) may, in recommending corrective action, accept,
reject, or modify these recommendations;
(C) consists of an equal number of management and
labor organization members who will be appointed and
approved by their respective organizations; and
(D) may include FRA representatives that
participate in the PRT support team when requested,
including upon the request of the FRA.
(16) Railroad manager or supervisor.--The term ``railroad
manager or supervisor'' means an individual with direct
supervisory authority over--
(A) an employee involved in a close call event; or
(B) an employee reporting a close call event.
(17) Railroad operations.--The term ``railroad operations''
means the movement of equipment over rails and activities that
support such movement, including deadheading as defined in
section 228.5 of title 49, Code of Federal Regulations.
(18) Real-time observation.--The term ``real-time
observation'' means a direct visual observance by an FRA safety
inspector or a Class I freight railroad manager or supervisor
of a violation of FRA regulations or the operating procedures
or practices of such Class I freight railroad, including visual
observances that occur during operational testing performed by
a supervisor or member of management of such railroad.
(19) Train incident reporting threshold.--The term ``train
incident reporting threshold'' means the monetary incident
reporting threshold described in section 225.19(c) of title 49,
Code of Federal Regulations.
SEC. 10421. WAYSIDE EMPLOYEE PROTECTION.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall issue or update such regulations as are necessary to
require that all railroads provide task and environment warning
equipment to railroad watchmen and lookouts for roadway workers,
including--
(1) whistles;
(2) air horns;
(3) white disks or red flags; and
(4) lanterns.
SEC. 10422. SAFETY ENFORCEMENT TRANSPARENCY.
(a) In General.--Subchapter II of chapter 201 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 20173. Safety enforcement transparency
``(a) In General.--The Secretary shall, on a quarterly basis,
publish a summary of all proposed and final railroad carrier
enforcement actions taken by the Secretary that result from a
reportable incident.
``(b) Contents.--In each summary required to be published under
subsection (a), the Secretary shall--
``(1) identify the railroad carrier involved in the
enforcement action, the type of alleged violation, the penalty
or penalties proposed, the status of the case, the final
assessment amount of each penalty, and the reasons for a
reduction in the proposed penalty, if appropriate; and
``(2) include materials submitted by a railroad carrier
named in an enforcement action that are related to the
enforcement action that such railroad carrier requests to be
published in the summary.
``(c) Electronic Availability.--The Secretary shall make each
summary required to be published under subsection (a) available in a
publicly searchable online database on a publicly available website.
``(d) Rule of Construction.--Nothing in this section shall be
construed to require the disclosure of information or records that are
exempt from disclosure under section 552 of title 5.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, is further amended by adding at the end:
``20173. Safety enforcement transparency.''.
SEC. 10423. REPORTS ON HIGHWAY-RAIL GRADE CROSSING SAFETY AND
TRESPASSER PREVENTION.
Section 20167 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4) by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following:
``(5) how the State will work with stakeholders, including
railroads operating in and across the State, to reduce
pedestrian fatalities, including suicides, along railroad right
of way, in consultation with mental health and law enforcement
agencies and entities; and''; and
(2) in subsection (b) in the matter preceding paragraph (1)
by inserting ``and every 5 years thereafter,'' before ``the
Administrator of the Federal Railroad Administration''.
SEC. 10424. LOCOMOTIVE ENGINEER TRAINING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall update section 240.123 of title 49,
Code of Federal Regulations to--
(1) require that each railroad carrier subject to such
section provides training to all certified locomotive engineers
on the manual operation of locomotives for the types of
operations the employee is to perform;
(2) require that each certified locomotive engineer receive
annual refresher training in manual operation in a locomotive
cab on a route that engineer is certified to operate on;
(3) ensure that systems and controls, including
information, indications, and announcements, minimize non-
emergency, distractions for train crews;
(4) allow certified locomotive engineers to operate
locomotives in manual mode if, in the determination of the
engineer, the engineer needs to operate in manual mode to
maintain the safe operation of the train during hazardous
safety or security conditions;
(5) require that no employee certified as a locomotive
engineer shall be subject to discipline from a railroad carrier
for opting to operate a locomotive in manual mode per the
requirements of this section unless such employee is determined
to have committed--
(A) a willful violation of part A of subtitle V of
title 49, United States Code, and any rules,
regulations, orders, and standards issued pursuant to
such part, including violations related to the use of
alcohol and controlled substances; or
(B) an act of sabotage or other criminal offenses;
and
(6) require a railroad adopt policies related to, and
provide appropriate equipment for, an operator of a locomotives
to communicate emergency information to the railroad
dispatcher.
SEC. 10425. ASSESSMENT OF TRACK SAFETY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall conduct an
assessment of track safety standards under section 213.4 of title 49,
Code of Federal Regulations.
(b) Scope.--In carrying out the assessment under subsection (a),
the Comptroller General shall--
(1) assess whether current regulations are sufficient to
ensure excepted track is properly designated;
(2) assess the impact of regulating excepted track on
supply chains, potential shifts in modal movements, and
railroad operations and infrastructure, including the potential
for track abandonment;
(3) determine how many rail-miles of track are designated
as excepted track at the time of the assessment, including how
many miles of excepted track--
(A) are located in each State; and
(B) has been in excepted track status for more than
5 years;
(4) evaluate the costs and benefits of requiring excepted
track to be inspected at the same frequency as track that has
not been designated as excepted; and
(5) assess the costs and benefits of prohibiting the
movement of hazardous materials on excepted track.
(c) Report.--Not later than 2 years after initiating the assessment
under subsection (a), 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 containing the results of such
assessment.
SEC. 10426. REVIEW OF TRAIN DISPATCHING TECHNOLOGIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall review and evaluate the safety and
effectiveness of various computerized train-dispatching systems.
(b) Inclusions.--In carrying out the review under subsection (a),
the Secretary shall include an assessment and evaluation of--
(1) with respect to each computerized train dispatching
system--
(A) the safety, reliability, and performance of
such systems;
(B) the cost and benefit of acquiring and operating
such systems;
(C) the inspection, testing, and maintenance of
such systems, including verification and evaluation of
hardware, software, and human-machine interface
components upgrades;
(D) the interoperability and integration of such
systems with train control systems, including positive
train control where applicable;
(E) the current practices used by rail carriers as
backup to address incidents in which such a system is
unexpectedly offline; and
(2) whether any additional legislative authorities or
enforcement mechanisms are needed by the Secretary to ensure
rail carriers are in compliance with Federal laws and
regulations of such systems.
(c) Consultation.--In carrying out the review under subsection (a),
the Secretary shall consult with--
(1) manufacturers of centralized train dispatching systems;
(2) railroad carriers that use such systems; and
(3) organizations representing employees who use such
systems.
(d) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report containing the findings of the review under subsection (a).
(e) Computerized Train-dispatching System Defined.--In this
section, the term ``computerized train-dispatching system'' means any
computer-aided dispatching platform, centralized traffic control board,
or related technology used to authorize, control, protect, or direct
the movement of trains, on-track equipment, or roadway workers on a
railroad.
SEC. 10427. INCIDENT INVESTIGATION REVIEW.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the inspector general of the Department shall complete a
study to determine whether current statutes and Federal Railroad
Administration practices are sufficient for accident investigators of
the agency to complete investigations into railroad safety accidents or
incidents.
(b) Consultation.--In carrying out the study under subsection (a),
the inspector general shall consult with--
(1) the National Transportation Safety Board;
(2) organizations representing agency safety inspectors;
and
(3) representatives of railroads.
(c) Report.--The inspector general shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Science, Commerce and Transportation of the Senate a
report containing the results of the study under subsection (a).
SEC. 10428. REVIEW OF RISK REDUCTION PROGRAM PLANS.
Section 20156 of title 49, United States Code, is amended by adding
at the end the following:
``(i) Review.--
``(1) Internal assessments.--The Secretary shall require
railroad carriers covered under this section to annually submit
an internal assessments report of the carrier's railroad safety
risk reduction program plan.
``(2) Sufficiency of plan.--Upon receipt of the report
submitted under paragraph (1), the Secretary shall determine
whether the plan is sufficient to reduce the number and rates
of railroad accidents or incidents, injuries, and fatalities.
``(3) Considerations.--In making the determination under
paragraph (2), the Secretary shall consider--
``(A) whether the plan systematically evaluates
railroad safety hazards involving the operation of a
freight train on the carrier's system, and reflects
planned significant operational changes that would
impact such safety hazards; and
``(B) whether the processes and procedures
developed and implemented by the railroad carrier's
railroad safety risk reduction program plan manages the
risks associated with such safety hazards.
``(j) Safety Trend Analysis.--
``(1) Annual review.--The Secretary shall conduct an annual
review of the prior 5 calendar years' reportable incidents,
accidents, injuries, and fatalities and conduct an analysis to
determine if any specific safety trends exist in the reportable
incidents, accidents, injuries, and fatalities.
``(2) Publication.--Upon concluding the safety trend
analysis, the Secretary shall publish the analysis on a public
website of the Federal Railroad Administration and notify any
rail carrier of any specific safety trends and risks present in
the operations of such rail carrier.
``(3) Identification of risks.--Upon notification of any
specific safety trends, each railroad carrier shall be required
to identify if the risk is present in the operations of the
carrier, and update the railroad safety risk reduction program
plan to reflect how the carrier intends to eliminate or reduce
the risks identified by each trend.
``(4) Explanation.--If a railroad carrier determines a risk
is not present, such carrier shall provide an explanation that
includes the methods and relevant data used to determine that
the risk is not present in the following annual report.
``(k) Intermediary Updates.--
``(1) Significant operational change.-- If a railroad
carrier implements a significant operational change that is not
addressed in the current railroad safety risk reduction program
plan more than 90 days before the annual submission of the
audit of the carrier's risk reduction program, then the
railroad carrier shall submit an intermediary update to
supplement the current plan.
``(2) Contents.--The Secretary shall ensure the
intermediary update reflects the significant operational change
and details the railroad carrier's plans to eliminate, reduce,
or mitigate any significant safety risks associated with the
change.
``(l) Significant Operational Change Defined.--In the section, the
term `significant operational change' means material changes in
policies or processes that may increase the rates of reportable
incidents, accidents, injuries, or fatalities.''.
SEC. 10429. RAILROAD SAFETY ADVISORY COMMITTEE.
(a) In General.--Subchapter I of chapter 201 of title 49, United
States Code, is further amended by adding at the end the following new
section:
``Sec. 20124. Railroad Safety Advisory Committee
``(a) In General.--The Administrator of the Federal Railroad
Administration shall maintain an advisory committee, to be known as the
`Railroad Safety Advisory Committee', for the purpose of providing
advice and recommendations to the Administrator regarding safety and
security problems by identifying the best solutions based on agreed-
upon facts and providing advice for collaborative rulemaking or by
providing non-regulatory recommendations on critical safety issues, the
development of railroad safety regulatory programs, including the
issuance of new regulations, review and revision of existing
regulations, and identification of non-regulatory alternatives for
improving railroad safety.
``(b) Duties and Score of Activities.--
``(1) In general.--The Administrator, or the Designated
Federal Officer, shall present the Rail Safety Advisory
Committee with tasks relating to railroad safety and security.
``(2) Recommendations.--Through the Administrator, the Rail
Safety Advisory Committee shall make recommendations to the
Secretary of Transportation regarding rail safety.
``(3) Requirement.--The Rail Safety Advisory Committee
shall address safety problems by identifying solutions based on
agreed-upon facts and, where regulation appears necessary,
identifying regulatory changes to implement such solutions.
``(4) Capacity.--The Rail Safety Advisory Committee shall
act solely in an advisory capacity, and the advice and
recommendations of the Committee shall be non-binding.
``(c) Members.--
``(1) In general.--The Administrator shall be responsible
for ensuring that the composition of the Rail Safety Advisory
Committee consists of representatives of organizations that
have a direct role in issues related to the safe transportation
of passengers and freight by rail, including commuter
railroads, freight railroads, organizations representing
manufacturers of railroad equipment, organizations representing
shippers, including organizations representing the shipment of
liquid and gaseous flammable hazardous materials and other
hazardous materials, organizations representing State
departments of transportation, organizations representing
railway workers, and organizations representing rail
passengers, and local communities with rail lines.
``(2) Requirement.--The Rail Safety Advisory Committee
shall include an equal number of representatives of railroad
operators and their organizations and representatives of
railway workers and their organizations.
``(d) Staff.--The Administrator may identify such staff as is
necessary to support the functions of the Railroad Safety Advisory
Committee to carry out the purpose described in subsection (a).
``(e) Task-based Working Groups.--
``(1) Tasks.--The Administrator may request the Railroad
Safety Advisory Committee establish a working group for the
purpose of providing specific advice and recommendations
regarding a task with respect to which the Administrator is
considering acting.
``(2) Working groups.--If the Railroad Safety Advisory
Committee, based on consideration and consensus of the members
of the Committee, accepts a request under paragraph (1), the
Railroad Safety Advisory Committee shall--
``(A) establish a working group to develop
consensus recommendations for the action the
Administrator may take with respect to the task; and
``(B) ensure the working group includes individuals
that--
``(i) possess the appropriate expertise to
assess and develop such recommendations; and
``(ii) are representative of the interests
of stakeholders implicated by the task.
``(f) Federal Railroad Administration Required Engagement.--The
Administrator shall meet quarterly with the Railroad Safety Advisory
Committee to--
``(1) consult with the Railroad Safety Advisory Committee
regarding the development of railroad safety regulations of the
Federal Railroad Administration;
``(2) advise the Railroad Safety Advisory Committee on
emerging issues, statutory requirements, and other identified
needs with respect to railroad safety; and
``(3) receive and discuss the views and recommendations of
the Railroad Safety Advisory Committee in determining
regulatory priorities of the Federal Railroad Administration.
``(g) Designated Federal Officer.--The Designated Federal Officer
shall be a full-time or permanent part-time Federal employee
responsible for--
``(1) ensuring the Rail Safety Advisory Committee
activities comply with chapter 10 of title 5, including any
rules and regulations implementing such chapter, agency
administrative procedures, and any other applicable laws and
regulations;
``(2) approving or calling all meetings of the Rail Safety
Advisory Committee or the subcommittees of the Committee;
``(3) approving the agenda for the Committee;
``(4) attending all Rail Safety and Advisory Committee and
Subcommittee meetings for the duration of such meetings;
``(5) fulfilling the requirements of under section 1009 of
title 5;
``(6) adjourning meetings when the Designated Federal
Officer determines it to be in the public interest;
``(7) chairing any meetings when so directed by the agency
head;
``(8) maintaining information on Rail Safety Advisory
Committee activities and provide such information to the public
on the Federal Railroad Administration's public facing website,
as applicable; and
``(9) ensuring Rail Safety Advisory Committee and
Subcommittee members, as applicable, receive the appropriate
training for efficient operation and compliance with chapter 10
of title 5, including any rules and regulations implementing
such chapter.
``(h) Annual Report to Congress.--Beginning in the first calendar
year after the date of enactment of this section, the Railroad Safety
Advisory Committee shall submit to Congress an annual report
summarizing the activities of the Railroad Safety Advisory Committee
for the period covered by the report.
``(i) Applicability.--
``(1) In general.--Except as provided in paragraph (2),
chapter 10 of title 5 shall apply to the Railroad Safety
Advisory Committee.
``(2) Authorization.--Notwithstanding section 1013 of title
5, the Railroad Safety Advisory Committee is authorized through
September 30, 2031.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, is further amended by inserting after the item
relating to section 20123 the following:
``20124. Railroad Safety Advisory Committee.''.
SEC. 10430. SAFETY REPORTING EXTENSION.
Section 22421 of the Infrastructure Investment and Jobs Act (Public
Law 117-58) is amended by striking ``for the following 4 years'' and
inserting ``through December 31, 2032''.
Subtitle E--Project Delivery
SEC. 10501. PRE-AWARD AUTHORITY.
Subchapter I of chapter 3 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 314. Pre-award authority
``(a) Pre-award Authority.--For grants awarded under chapters 229
and 249, concurrent with the award announcement, the Secretary may
announce if a project is granted pre-award authority consistent with
the requirements of part 200 of title 2, Code of Federal Regulations.
``(b) Reimbursement.--
``(1) In general.--The Secretary may reimburse a grant
recipient for costs incurred before the start date of an award
or subaward that are directly pursuant to an award negotiation
and in anticipation of an award in any case in which such costs
are necessary for efficient and timely performance of the scope
of the project.
``(2) Allowable costs.--Costs are allowable for
reimbursement under paragraph (1) only--
``(A) to the extent that such costs would have been
allowed if incurred after the start date of such award;
and
``(B) with the written approval of the Secretary.
``(3) Initial budget period.--If reimbursement of costs
under this subsection is approved, such costs shall be treated
as having been expended during the initial budget period of the
award unless otherwise specified by the agency or pass-through
entity (as defined in section 200.1 of title 2, Code of Federal
Regulations).
``(4) Timeline for consideration.--For any request for pre-
award reimbursement submitted by an eligible recipient in
connection with an award provided under this section, the
Secretary shall, not later than 60 days after the submission of
the request--
``(A) make a determination to approve or deny such
request; and
``(B) provide written notification of such
determination to the eligible recipient.
``(5) Transparency.--If the Secretary makes a determination
to deny a request under paragraph (4)(A), the Secretary shall,
not later than 3 days after making such determination, provide
a written explanation of the denial to--
``(A) the eligible recipient that submitted such
request;
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
``(C) the Committee on Commerce, Science, and
Transportation of the Senate.
``(c) Rule of Construction.--Nothing in this section may be
construed to--
``(1) require the Secretary or any instrumentality of the
Federal Government to obligate an award or reimburse pre-award
costs;
``(2) require the Secretary to exercise pre-award authority
for any project; or
``(3) prevent the Administrator of the Federal Railroad
Administration from conducting oversight of a project or pre-
award project costs.''.
SEC. 10502. CATEGORICAL EXCLUSIONS FOR PROJECTS IN EXISTING OPERATIONAL
RIGHTS-OF-WAY.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
project or program--
(A) described in subparagraphs (A) through (D) of
section 22901(2) of title 49, United States Code;
(B) located entirely within an existing operational
right-of-way of a covered railroad facility; and
(C) that--
(i) is contained in a State rail plan
developed under chapter 227 of title 49, United
States Code; or
(ii) has received a waiver of the
requirement of clause (i) pursuant to
subsection (c).
(2) Covered railroad facility.--The term ``covered railroad
facility'' means a facility that is--
(A) physically or functionally related to a
railroad; and
(B) includes the features associated with the
physical footprint of such facility, including--
(i) roadways, tracks and track structures,
bridges, tunnels, cuts and fills, and at grade
crossings;
(ii) electrification, communication,
signaling, and security facilities;
(iii) stations, platforms, and loading and
unloading facilities for freight or passengers;
(iv) maintenance-of-way and maintenance-of-
equipment facilities;
(v) drainage, water control, and
landscaping features and structures;
(vi) areas maintained or used for
mitigation, vegetation management, fire safety,
visibility, employee access, safety and
security, or other purposes related to the rail
facility; and
(vii) traffic control signage, parking
facilities, transportation power substations,
and transportation venting structures.
(3) Existing operational right-of-way.--The term ``existing
operational right-of-way'' means all real property interests
acquired for the construction, operation, or mitigation of a
covered railroad facility.
(4) Railroad.--The term ``railroad'' has the same meaning
that term in section 20102 of title 49, United States Code.
(b) In General.--The Secretary shall--
(1) not later than 120 days after the date of enactment of
this Act, amend section 771.116(c) of title 23, Code of Federal
Regulations, to add covered projects as a category that may be
designated as a categorical exclusion; and
(2) issue guidance for project sponsors that describes the
documentation and information necessary to establish a project
as a covered project.
(c) Waiver Authority.--Upon the request of a sponsor of a project
or program described in subparagraphs (A) through (D) of section
22901(2) of title 49, United States Code, the Secretary may waive the
requirement that such project or program be contained in a State rail
plan developed under chapter 227 of title 49, United States Code, in
any case in which such plan has not been updated within the previous 5
years.
(d) Extraordinary Circumstances.--The presumption that an action is
covered by a categorical exclusion under subsection (b) shall not apply
if the Secretary determines that extraordinary circumstances exist with
respect to such action.
(e) Rule of Construction.--Nothing in this section shall be
construed to affect the requirements of part 1105 of title 49, Code of
Federal Regulations.
SEC. 10503. ADDITIONAL CATEGORICAL EXCLUSIONS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall--
(1) survey the use of categorical exclusions by the
Secretary and the heads of other Federal agencies in
transportation, multimodal, and infrastructure projects;
(2) notwithstanding subchapter I of chapter 35 of title 44,
United States Code, solicit recommendations for the
establishment of new categorical exclusions for actions related
to transportation, multimodal, and infrastructure projects
from--
(A) State departments of transportation;
(B) Amtrak or any other rail carrier that provides
intercity rail passenger transportation;
(C) labor organizations representing railroad
employees;
(D) Interstate Compacts;
(E) public agencies or publicly chartered
authorities established by one or more States;
(F) freight rail carriers and holding companies of
such rail carriers; and
(G) any associations representing rail carriers;
and
(3) publish to a publicly accessible website of the
Department a review describing the information collected
pursuant to paragraphs (1) and (2).
(b) New Categorical Exclusions.--
(1) Public notice.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall publish a notice
of proposed rulemaking to establish a categorical exclusion for
any action--
(A) described in paragraph (2) of subsection (a);
(B) that the Secretary has determined normally does
not significantly affect the quality of the human
environment; and
(C) that the Secretary determines is appropriate
for such a categorical exclusion.
(2) Final rule.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall issue a final rule
establishing any categorical exclusions described in paragraph
(1) and determined appropriate by the Secretary.
(c) Definitions.--In this section:
(1) Intercity rail passenger transportation.--The term
``intercity rail passenger transportation'' has the meaning
given such term in section 24102 of title 49, United States
Code.
(2) Rail carrier.--The term ``rail carrier'' has the
meaning given such term in section 10102 of title 49, United
States Code.
SEC. 10504. STATE-RAILROAD INFRASTRUCTURE PROJECT COORDINATION AND
PROCESS STANDARDIZATION WORKING GROUP.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall establish a working group to
examine and develop recommendations on opportunities and methods to
improve, streamline, and standardize processes, requirements, and
timeframes to assist in the review and approval of access agreements
between State transportation departments, metropolitan planning
organizations, local governments, and railroads involving Federal,
State, or locally funded infrastructure projects involving interactions
with a railroad right-of-way.
(b) Duties.--In carrying out the requirements under subsection (a),
the working group shall examine and make recommendations related to the
following:
(1) Opportunities and methods to standardize templates and
model access agreements for routine and recurring activities
related to infrastructure projects are within or across a
railroad right-of-way, including by defining the term ``routine
and recurring activities'' and developing template agreements
for each identified project type that outlines the minimum
information needed by party.
(2) Develop a no-cost standardized short form right of
entry agreement for non-intrusive activities within or across a
railroad right-of-way.
(3) Current and needed policies, orders, guidance, and
regulations for the establishment of agreements addressing more
complex activities related to infrastructure projects within or
across a railroad right-of-way, including criteria and
standards to define the term ``complex activities''.
(4) Current processes, methods, and timeframes for
interparty information exchanges, commitments, insurance,
indemnification and liability allocation, labor and financial
agreements and safety measures and whether such exchanges can
be standardized.
(5) The impacts of administrative capacities and delays on
project completion and solutions to mitigate delays, including
ideal timeframes for responses by--
(A) Federal, State, and local government
representatives; and
(B) railroad representatives.
(6) Processes and methods to resolve disputes between
States, metropolitan planning organizations, local governments,
and railroads.
(7) Additional issues related to project delivery and
coordination determined to be relevant by the Secretary or the
working group.
(c) Membership.--The working group established under subsection (a)
shall be comprised of members appointed by the Secretary, including
representatives of the following:
(1) State departments of transportation from different
regions of the United States.
(2) Metropolitan planning organizations from different
regions of the United States.
(3) Local governments from different regions of the United
States.
(4) Class I railroads.
(5) Class II or Class III railroads.
(6) Providers of intercity rail passenger transportation
(as defined in section 24102 of title 49, United States Code)
who own and operate rail service and public transportation
agencies that provide commuter rail passenger transportation
(as defined in section 24102 of title 49, United States Code).
(7) Nonprofit labor organization representing various
classes or crafts of employees of rail carriers.
(8) Other stakeholders determined appropriate by the
Secretary.
(d) Appointments.--In appointing members of the working group under
subsection (c), the Secretary shall solicit nominations from the
entities listed in paragraphs (1) through (8) of such subsection.
(e) Consultation.--Members of the working group described in
paragraphs (1) through (3) of subsection (c) shall consult with
representatives from the respective organization of such member located
in each of the 8 geographic regions with a Federal Railroad
Administration safety office, as described in section 103 of title 49,
United States Code.
(f) Meetings.--The working group described in subsection (a) shall
meet at least 3 times before submitting the required report in
subsection (g).
(g) Report.--Not later than 1 year after the date on which the
working group is established, the working group shall submit to the
Secretary, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the findings of the
working group relating to its examination under subsection (b) and any
associated recommendations.
(h) Termination.--The working group shall terminate upon submission
of the report under subsection (g).
SEC. 10505. RAIL PROJECT ADVANCE ACQUISITION.
Chapter 242 of title 49, United States Code, is amended by adding
at the end the following:
``Sec. 24203. Rail project advance acquisition
``(a) Real Property Interests.--The Secretary may, pursuant to
subsection (c)(2), reimburse a recipient of financial assistance under
chapters 229, 243, or 249 for the acquisition through purchase, lease,
or otherwise secure or control of real property interests before or
during the completion of the environmental reviews for any project that
may use such property interests if the acquisition or related
transaction is otherwise permitted by Federal law.
``(b) Environmental Review.--A real property interest acquired,
leased, or otherwise secured or controlled under this section may not
be physically developed or improved in anticipation of a proposed
project until all required environmental reviews for such project have
been completed.
``(c) Recipient-funded Early Acquisition of Real Property
Interests.--
``(1) In general.--A recipient may carry out, at the
expense of the such recipient, acquisitions of interests in
real property for a project before completion of the review
process required for a project under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) without affecting
subsequent approvals required for a project by the State or any
Federal agency.
``(2) Eligibility for reimbursement.--Financial assistance
awarded under chapters 229, 243, or 249 may be used by a
recipient to participate in the payment of costs incurred by
the recipient for acquisition of real property interests,
acquired in advance of any Federal approval or authorization,
if the real property interests are subsequently incorporated
into a capital project eligible for financial assistance.''.
SEC. 10506. DIRECT LOANS AND LOAN GUARANTEES.
(a) In General.--Section 22402 of title 49, United States Code, is
further amended--
(1) in subsection (a)--
(A) in paragraph (5) by striking ``or (6)'' and
inserting ``(6), or (7)''; and
(B) by striking paragraph (6) and inserting the
following:
``(6) freight shippers that own or operate a plant or other
facility, solely for the purpose of constructing or enhancing a
rail connection between a plant or facility and a railroad or a
project eligible under subsection (b)(1)(I); and'';
(2) in subsection (b)(1)--
(A) in subparagraph (D) by striking ``or (C)'' and
inserting ``(C), or (I)'';
(B) in subparagraph (E) by striking ``or (C); or''
and inserting ``(C), (F), or (I);'';
(C) by adding at the end the following:
``(I) to construct, enhance, or relocate a freight
shipper plant or facility to increase capacity for
freight rail traffic, including a facility for storage,
transloading, production, manufacturing, or assembly,
and related infrastructure and activities, served by
the railroad if the borrower confirms the willingness
and ability of a rail carrier to serve the facility.'';
and
(3) in subsection (d)--
(A) by striking ``$35,000,000,000'' and inserting
``$50,000,0000,000'';
(B) by striking ``Extent of Authority.--The
aggregate unpaid'' and insert -- ``Limitation.--
``(1) In general.--The aggregate unpaid''; and
(C) by adding at the end the following:
``(2) Special limitation.--Assistance granted under this
section shall not exceed--
``(A) $10,000,000,000 in total aggregate lending
for projects described in subsection (b)(1)(I), of
which not less than $2,000,000,000 shall be reserved
for shipper projects served by freight railroads other
than Class I rail carriers; and
``(B) $10,000,000,000 in total aggregate lending
for projects described in subsection (b)(1)(F).''.
(b) Definitions.--Section 22401 of title 49, United States Code, is
amended by adding at the end the following:
``(16) Transportation-oriented development project.--The
term `transportation-oriented development project' means a
project--
``(A) located within \1/2\ mile walking distance of
a fixed guideway transit facility, bus rapid transit
facility, passenger rail station, or multimodal
facility provided that the location includes service by
a passenger railroad;
``(B) that consists entirely of or includes
residential, commercial, public infrastructure, or
mixed-use development or other related infrastructure,
including public or community space;
``(C) that incorporates private investment;
``(D) that--
``(i) enhances the effectiveness of
passenger rail transportation and is related
physically or functionally to passenger rail
service; or
``(ii) establishes new or enhanced
coordination between passenger rail
transportation and other transportation;
``(E) for which the project sponsor demonstrates
the ability to generate new revenue for the relevant
passenger rail station, facility, or service, including
by increasing ridership, increasing tenant lease
payments, providing a fair share of revenue that will
be used for passenger rail transportation, or carrying
out other activities that generate revenue exceeding
costs; and
``(F) based on the application for which, the
Secretary determines that an appropriate value of the
project will be reinvested in the relevant passenger
rail station or service.''.
(c) Priority Projects.--Section 22402 of title 49, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (8) by striking ``or'' at the end;
(B) in paragraph (9) by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(10) are transportation-oriented development projects
that incorporate housing and that the Secretary determines,
based on evidence submitted by the project sponsor--
``(A) will result in development appropriate to
expected housing demand in the project area; or
``(B) is located in an area for which local
policies promote housing development in locations
accessible by passenger rail facilities.'';
(2) in subsection (f)(3) by adding at the end the
following:
``(E) Revenue projected from a transportation-
oriented development project.''; and
(3) by adding at the end the following:
``(o) Housing Coordination.--The Secretary shall coordinate with
the Secretary of Housing and Urban Development in evaluating local
policies promoting housing development for purposes of determining
whether to prioritize an application for a project described under
subsection (c)(10).''.
(d) Administration of Direct Loans and Guarantees.--Section 22403
of title 49, United States Code, is amended by striking subsection (m)
and inserting the following:
``(m) Fees and Charges.--
``(1) In general.--Except as provided in this chapter, the
Secretary may not assess any fees, including user fees, or
charges in connection with a direct loan or loan guarantee
provided under section 22402.
``(2) Disclosure.--The Secretary shall develop and make
publicly available a straightforward, scalable, and reasonable
fee structure with respect to any fees that may apply under
this section.
``(n) Guidance on Eligibility Requirements.--The Secretary shall
develop and make publicly available guidance on requirements for a
project described in section 22402(b)(1)(F) to be eligible for
assistance under such section, including guidance relating to the
following:
``(1) Factors commonly assessed when determining lender
risk, including debt-service coverage ratio.
``(2) Financial thresholds commonly evaluated.
``(3) Contractual obligations and restrictions associated
with the loan.
``(o) Compatibility With Local Plans and Coordination With
Metropolitan Planning Organizations.--An applicant for a project
described under section 22402(b)(1)(F) may--
``(1) coordinate with the relevant metropolitan planning
organization, including by--
``(A) providing timely notification to the
metropolitan planning organization during the planning
or entitlement process; and
``(B) sharing information on project details,
transportation impacts, and mitigation measures; and
``(2)(A) provide evidence of a significant nexus with a
project on the applicable transportation improvement program
developed by a metropolitan planning organization under section
134(j) of title 23 or section 5331(j) of this title, and the
applicable statewide transportation improvement program
developed by a State under section 135(g) of title 23 or
section 5332(g) of this title; or
``(B) demonstrate compatibility with the long-range
transportation plan developed by the applicable
metropolitan planning organization under section 134(i)
of title 23 or section 5331(i) of this title.
``(p) Application of the National Environmental Policy Act of
1969.--
``(1) In general.--The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall not apply to land
acquisition activities with respect to a transportation-
oriented development project, except for components of the
project located within the geographic boundaries of the parcel
of land acquired that will be owned, in full or in part, by a
public entity for the majority of the loan term.
``(2) Categorical exclusions.--
``(A) In general.--A transportation-oriented
development project that involves an activity described
in subparagraph (B) shall be categorically excluded
from the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(B) Activities described.--An activity described
in this subparagraph is any of the following:
``(i) Rehabilitation or conversion of an
existing office building to residential or
mixed use within substantially the same
footprint.
``(ii) Reconstruction or construction of a
new commercial building primarily using land
disturbed for transportation use as described
in section 771.118(c)(9) of title 23, Code of
Federal Regulations (or successor regulations)
or disturbed land adjacent to land disturbed
for transportation use.''.
SEC. 10507. VETERAN TO SUPPLY CHAIN EMPLOYEE ACTION PLAN.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Defense, Secretary of Veterans Affairs, and Secretary of Labor, shall
develop and make public an action plan to be known as the ``Veteran to
Supply Chain Employee Action Plan''.
(b) Contents.--In developing the Veteran to Supply Chain Action
Plan, the Secretary shall--
(1) identify--
(A) barriers members of the armed forces eligible
for preseparation counseling under section 1142 of
title 10, United States Code, and veterans face when
searching for employment, during the hiring process, or
in training to become supply chain employees;
(B) challenges supply chain employers face when
recruiting, hiring, or retaining members of the armed
forces eligible for preseparation counseling under
section 1142 of title 10, United States Code, and
veterans;
(C) regulatory burdens employers face in the hiring
of supply chain employees, especially for employees
that are members of the armed forces eligible for
preseparation counseling under section 1142 of title
10, United States Code, or veterans;
(D) regions of the United States which have the
greatest workforce need for supply chain employees; and
(E) barriers and industry trends that directly or
indirectly discourage members of the armed forces
eligible for preseparation counseling under section
1142 of title 10, United States Code, and veterans from
pursuing, attaining, and remaining in supply chain
careers;
(2) highlight--
(A) the specific knowledge, skills, and abilities
members of the armed forces eligible for preseparation
counseling under section 1142 of title 10, United
States Code, and veterans possess that are critical for
supply chain careers and any competency gaps that
should be addressed;
(B) opportunities to expand or enhance existing
initiatives for members of the armed forces eligible
for preseparation counseling under section 1142 of
title 10, United States Code, or veterans to become
supply chain employees; and
(C) ways to improve supply chain employer outreach
programs and enhance existing training, mentorship,
education, and advancement programs that would increase
the participation and engagement of members of the
armed forces eligible for preseparation counseling
under section 1142 of title 10, United States Code, and
veterans in the supply chain workforce;
(3) recommend specific short- and long-term actions the
Department of Transportation, the Department of Defense, the
Department of Veterans Affairs, or the Department of Labor can
take to help members of the armed forces eligible for
preseparation counseling under section 1142 of title 10, United
States Code, and veterans become supply chain employees; and
(4) consult with the transportation supply chain industry,
modal transportation supply chain employers, and organizations
representing modal transportation supply chain employees.
(c) Supply Chain Employee Defined.--In this section, the term
``supply chain employee'' means an individual directly employed in the
facilitation of the movement of goods.
SEC. 10508. LEAD AGENCY FOR ENVIRONMENTAL REVIEW PURPOSES.
Within the Department, the Federal agency that takes the first
major Federal action for a proposed rail projects including projects
with multiple cooperating agencies, shall be the lead agency as
described under section 107 of the National Environmental Policy Act of
1969 (42 U.S.C. 4336a) for carrying out any required environmental
reviews.
SEC. 10509. ENVIRONMENTAL REVIEW DETERMINATION.
Not later than 90 days after the sponsor of a rail project files a
complete environmental review application with the lead agency within
the Department, as described under section 107 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4336a), the lead agency
responsible for carrying out any required environmental reviews shall
determine whether the project is--
(1) categorically excluded;
(2) requires the completion of an environmental assessment;
or
(3) requires the completion of an environmental impact
statement.
SEC. 10510. EXPEDITED CONSULTATION PROCESS.
(a) Streamlining.--In conducting the process under section 106 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4336), in
accordance with sections 800.3 through 800.6 of title 36, Code of
Federal Regulations, the Administrator of the Federal Railroad
Administration and the appropriate officer from the State Historic
Preservation Office or Tribal Historic Preservation Office shall
determine if more than 1 element of such process can be completed
simultaneously.
(b) Simultaneous Execution.--If the Administrator and the
appropriate officer determine that more than 1 element can be
simultaneously completed, the Administrator and the appropriate officer
shall ensure compliance with subsections (c) and (d) of section 800.2
of title 36, Code of Federal Regulations.
SEC. 10511. TECHNICAL ASSISTANCE.
Section 20108 of title 49, United States Code, is further amended
by adding at the end the following:
``(l) Technical Assistance.--
``(1) In general.--The Secretary may--
``(A) at the request of an eligible applicant for a
project under chapters 229, 249, and 251 of this title,
provide technical assistance to such entity for such
project; and
``(B) through a competitive bid process and subject
to appropriations, enter into contracts, cooperative
agreements, and other agreements with national
nonprofit organizations that have the appropriate
demonstrated capacity and expertise to provide rail-
related technical assistance under this section.
``(2) Contracts and agreements.--Contracts, cooperative
agreements, and agreements entered into pursuant to paragraph
(1)(B) shall be used to develop best practices for project
development and grant applications and to--
``(A) provide technical assistance to eligible
applicants under such chapters to--
``(i) improve the safety, efficiency, and
reliability of freight and passenger rail
transportation;
``(ii) reduce congestion and facilitate
ridership growth in intercity passenger rail
transportation, including through the
development of and around intercity passenger
rail stations;
``(iii) promote employee and passenger
safety;
``(iv) assist with the compliance of the
applicable requirements of--
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(II) the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); and
``(III) section 22905 of this
title;
``(v) assist with the development,
deployment, and acquisition of rolling stock,
including through multi-state equipment leasing
pools;
``(vi) administer funds received from the
Department of Transportation, in compliance
with Federal law; and
``(vii) assist with eligible grant
applications under this section; and
``(B) provide training, guidance and educational
programs to Federal Railroad Administration eligible
grant applicants and recipients in cooperation with the
agency, State transportation departments, metropolitan
planning organizations, and national and international
entities related to freight and intercity passenger
rail transportation, including courses in recent
developments, techniques, and procedures related to--
``(i) planning;
``(ii) management;
``(iii) environmental factors;
``(iv) acquisition and joint use rights-of-
way;
``(v) engineering and architectural design;
``(vi) procurement strategies and turnkey
approaches for freight and intercity passenger
rail systems;
``(vii) new technologies;
``(viii) accessibility improvements for
individuals with disabilities;
``(ix) construction, construction
management, insurance, and risk management;
``(x) maintenance;
``(xi) contract administration;
``(xii) inspection;
``(xiii) innovative finance;
``(xiv) workplace safety;
``(xv) rail transportation security; and
``(xvi) eligible grant applications under
this section.
``(3) Treatment.--Technical assistance provided under
paragraph (1) shall not be considered a guarantee of future
selection of the applicable project under any program under
chapters 229, 249, and 251 of this title.
``(4) Report.--Not later than 1 year after the date of
enactment of the BUILD America 250 Act, and every year
thereafter, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes--
``(A) a description of each project that received
technical assistance under this subsection during the
preceding fiscal year;
``(B) an evaluation of the activities carried out
by each organization described in paragraph (1)(B); and
``(C) measurable outcomes and impacts of the
programs funded under this section.
``(5) Availability of amounts.--The Secretary shall
withhold 5 percent of funds allocated to Project Management
Oversight from chapters 229, 243, and 249 to pay for the cost
of eligible activities under this section.''.
SEC. 10512. AMENDMENT TO ALLOW RRIF DIRECT LOANS TO BE STRUCTURED AS
INTEREST-ONLY LOAN.
Section 22402 of title 49, United States Code, is further amended--
(1) in subsection (b) by adding at the end the following
new paragraph:
``(3) Interest-only loans.--
``(A) Initial repayment of direct loan.--Except as
provided in subparagraph (B), a recipient of a direct
loan structured as an interest-only loan under
subsection (p) shall use such loan to refinance--
``(i) another direct loan issued to the
recipient under this section; or
``(ii) other debt of the recipient incurred
for purposes of financing the project that is
the subject of the application for the direct
loan structured as an interest-only loan.
``(B) Exceptions.--
``(i) A direct loan structured as an
interest-only loan under subsection (p) may not
be used to refinance any loan structured as an
interest-only loan.
``(ii) Direct loans structured as interest-
only loans under this section shall not be used
be used to refinance another direct loan or
other debt, as described in subparagraph (A),
for projects described in subparagraphs (F) or
(I) of subsection (b)(1) of this section.
``(C) Allowable uses of excess amounts.--A
recipient of a direct loan structured as an interest-
only loan under subsection (p) shall use any funds
remaining after the repayment described in subparagraph
(A) in accordance with the purposes described in
paragraph (1).
``(D) Limitations on use.--A direct loan structured
as an interest-only loan under subsection (p) shall not
be used to make discretionary dividend payments or to
reduce the equity share of the capital structure of the
project.'';
(2) in subsection (j)--
(A) in paragraph (1) by striking ``The Secretary''
and inserting ``Except as provided in subsection (p)
with respect to a direct loan structured as an
interest-only loan, the Secretary'';
(B) in paragraph (2) by striking ``Interest shall''
and inserting ``Except as provided in subsection (p)
with respect to a direct loan structured as an
interest-only loan, interest shall'';
(C) in paragraph (3) by striking ``a direct loan
provided under this section'' and inserting ``a direct
loan provided under this section (other than a direct
loan structured as an interest-only loan under
subsection (p))''; and
(D) in paragraph (4)(B) by striking ``from non-
Federal funding sources.'' and inserting ``from--
``(i) non-Federal funding sources; or
``(ii) a direct loan under this section
that is structured as an interest-only loan
under subsection (p).''; and
(3) by adding at the end the following:
``(p) Direct Loans Structured as Interest-only Loans.--
``(1) In general.--Upon issuance of a direct loan under
this section, the Secretary may structure the loan as an
interest-only loan if the term of the loan is not longer than
10 years.
``(2) Repayment schedule.--With respect to any direct loan
structured as an interest-only loan under paragraph (1), the
Secretary shall establish a repayment schedule requiring--
``(A) periodic interest-only payments, beginning
not later than 6 months after the date of disbursement
of such loan, on the outstanding balance of the loan;
and
``(B) that all obligations of the loan are
satisfied not later than the final maturity date of the
loan.
``(3) Deferred payments.--
``(A) In general.--If at any time after the date of
disbursement of a direct loan structured as an
interest-only loan under paragraph (1) the obligor is
unable to pay a periodic interest-only payment pursuant
to the applicable repayment schedule, the Secretary,
subject to subparagraph (B), may allow, for a maximum
aggregate time of 1 year over the duration of the loan,
the obligor to add the amount of any such unpaid
interest-only payment to the outstanding balance of the
loan.
``(B) Interest.--A payment deferred under
subparagraph (A) shall accrue interest under paragraph
(2) until the loan is fully repaid.
``(4) Penalties for missed or deferred payments.--The
Secretary may impose on any recipient of a direct loan
structured as an interest-only loan under paragraph (1) such
penalties or fees as determined appropriate by the Secretary
for failure to pay a periodic interest-only payment under the
applicable repayment schedule or for deferring a payment under
paragraph (4).
``(5) Limitation.--The secretary shall make interest-only
loans only available to projects on a railroad or railroad
property.''.
SEC. 10513. USE OF CERTAIN GRANT FUNDS TO PAY RRIF CREDIT RISK
PREMIUMS.
(a) Amendments to RRIF With Respect to Direct Loans.--Section 22402
of title 49, United States Code, is further amended--
(1) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``may accept on behalf of
an applicant for assistance under this
section'' and all that follows and inserting
``may--''; and
(ii) by striking ``In lieu of or in
combination with'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), in
lieu of or in combination with''; and
(iii) by adding at the end the following:
``(i) with respect to applicants for loan
guarantees or a modification thereof under this
section, accept on behalf of the applicant a
commitment from a non-Federal source, including
a State or local government or agency or public
benefit corporation or public authority
thereof, to fund in whole or in part credit
risk premiums and modification costs with
respect to the loan guarantee that is the
subject of the application or modification; and
``(ii) with respect to applicants for
direct loans or a modification thereof under
this section, accept on behalf of the
applicant, to fund in whole or in part credit
risk premiums and modification costs with
respect to the loan that is the subject of the
application or modification--
``(I) a commitment described in
clause (i);
``(II) grant funds issued under
sections 22907 or 24911 or chapter 243
of this title; or
``(III) a combination of the
funding sources described in subclauses
(I) and (II).
``(B) Limitations.--
``(i) In general.--In no event shall the
aggregate of appropriations of budget authority
and credit risk premiums described in
subparagraph (A) with respect to a direct loan
or loan guarantee be less than the cost of that
direct loan or loan guarantee.
``(ii) Applicability.--Subparagraph (A)
shall only apply to projects on a railroad or
railroad property.''; and
(B) in paragraph (7) by striking ``The Secretary
shall return credit risk premiums paid, and interest
accrued on such premiums,'' and inserting ``With
respect to each credit risk premium paid with funds
other than Federal grant funds issued under section
22907 or 24911, the Secretary shall return each such
premium, and interest accrued on each such premium,'';
(2) in subsection (i)(4) by adding at the end the
following:
``(D) Coordinated application process with respect
to grant programs.--The Secretary shall coordinate, to
the maximum extent practicable, the application process
developed pursuant to this subsection with the
application processes for grants under sections 22907
and 24911 to ensure that an entity applying for a
direct loan under this section--
``(i) may apply sequentially or
simultaneously for any such grant; and
``(ii) may indicate on the application for
the direct loan that the credit risk premium of
the loan, if approved, is to be paid for using
any such grant, if the applicant is selected to
receive such grant.''; and
(3) in subsection (n)--
(A) by striking ``The proceeds'' and inserting
``Notwithstanding any other provision of law, the
proceeds''; and
(B) by striking ``if such loan is repayable from
non-Federal funds.'' and inserting ``if--
``(1) the credit risk premium of such loan was not paid for
using Federal grant funds issued under section 22907 or 24911;
and
``(2) such loan is repayable from non-Federal funds.''.
(b) Amendments to CRISI Grant Program.--Section 22907(c) of title
49, United States Code, is further amended--
(1) by redesignating paragraphs (1) through (15) as
subparagraphs (A) through (O), respectively;
(2) by striking ``The following'' and inserting the
following:
``(1) In general.--The following''; and
(3) by adding at the end the following new paragraph:
``(2) Allowable use for payment of rrif loan credit risk
premiums.--A project described in paragraph (1) is eligible to
receive grant funds under this section for use paying a credit
risk premium of a loan under section 22402 of this title if the
loan is approved to finance such project.''.
(c) Amendments to NIPRPP Grant Program.--Section 24911(c) of title
49, United States Code, is amended--
(1) in paragraph (4) by striking ``paragraphs (1) through
(3)'' and inserting ``subparagraphs (A) through (C)'';
(2) in paragraph (5) by striking ``paragraphs (1) through
(4)'' and inserting ``subparagraphs (A) through (D)'';
(3) by redesignating paragraphs (1) through (7) (as
amended) as subparagraphs (A) through (G), respectively;
(4) by striking ``The following'' and inserting the
following:
``(1) In general.--The following''; and
(5) by adding at the end the following:
``(2) Allowable use for payment of rrif loan credit risk
premiums.--A capital project described in paragraph (1) is
eligible to receive grants under this section for use paying a
credit risk premium of a loan under section 22402 of this title
if the loan is approved to finance such capital project.''.
(d) Amendment to Amtrak Grant Programs.--Section 24305 of title 49,
United States Code is amended by adding at the end the following:
``(g) Allowable Use for Payment of RRIF Loan Credit Risk
Premiums.--Amtrak is eligible to receive grants for use paying a credit
risk premium of a loan under section 22402 of this title if the loan is
approved to finance such capital project.''.
SEC. 10514. AMENDMENT TO ESTABLISH ALTERNATIVE CREDIT ASSESSMENT
PATHWAY FOR RRIF LOAN APPLICANTS.
(a) Definitions.--Section 22401 of title 49, United States Code, is
further amended by adding at the end the following:
``(17) Qualified financial institution.--The term
`qualified financial institution' means--
``(A) an insured depository institution as defined
in section 3(c) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(c));
``(B) an insured credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
``(C) any other financial institution that--
``(i) is regulated or supervised by--
``(I) the Board of Governors of the
Federal Reserve System;
``(II) the Securities and Exchange
Commission;
``(III) the Federal Housing Finance
Agency;
``(IV) the Farm Credit
Administration; or
``(V) any other Federal financial
regulatory agency;
``(ii) is regularly engaged in the business
of extending credit or making credit
determinations; and
``(iii) the Secretary determines has
demonstrated experience in the underwriting or
provision of credit.''.
(b) Direct Loans and Loan Guarantees Infrastructure Partners.--
Section 22402(f) of title 49, United States Code, is further amended by
adding at the end the following:
``(8) Additional creditworthiness criteria.--In evaluating
a proposal submitted under this section, the Secretary may
consider--
``(A) the capital structure of the proposed
project, including the sufficiency and stability of
each non-Federal funding source;
``(B) the incorporation of a capital structure of
the proposed project with--
``(i) a program share, under this chapter,
of not more than 49 percent;
``(ii) a cash equity contribution of not
less than 20 percent of the estimated total
project cost; and
``(iii) debt provided through qualified
financial institutions for an amount not less
than 25 percent of the estimated total project
cost;
``(C) the circumstances of the applicant, including
an applicant who has--
``(i) executed all construction contracts
expected to be necessary for the project;
``(ii) acquired or otherwise reserved all
rights-of-way expected to be necessary for the
project; and
``(iii) if applicable, received an
environmental categorical exclusion, a finding
of no significant impact, or a record of
decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)
with respect to the project;
``(D) any credit risk assessments conducted by
other participants in the capital structure of the
project, including a description of the due diligence
and underwriting standards applied qualified financial
institutions or other capital providers;
``(E) the due diligence and underwriting analysis
carried out by qualified financial institutions
providing debt under subparagraph (C)(ii), which may be
used in combination with a creditworthiness analysis
conducted by the Secretary for a loan provided under
this section; and
``(F) for a project described in subsection
(b)(1)(F), an alternative demonstration of
creditworthiness, such as--
``(i) a joint liability agreement or
equivalent between the project lead and a
division of a State or local organization with
a sufficient credit rating; or
``(ii) an alternative rating or
certification by a loan originator-servicer.
``(9) Applicability.--The criteria in subparagraphs (A)
through (E) of paragraph (8) shall only apply to projects on
railroads or on railroad property.''.
SEC. 10515. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
AUTHORIZATION OF APPROPRIATIONS.
Section 22406 of title 49, United States Code, is amended--
(1) in the section heading by striking the period at the
end;
(2) in subsection (a)(1) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''; and
(3) in subsection (b)(2) by striking ``3 percent'' and
inserting ``10 percent''.
Subtitle F--Hazardous Materials Transportation
SEC. 10601. AUTHORIZATION OF APPROPRIATIONS.
Section 5128 of title 49, United States Code, is amended--
(1) in subsection (a) by striking paragraphs (1) through
(5) and inserting the following:
``(1) $75,000,000 for fiscal year 2027;
``(2) $75,500,000 for fiscal year 2028;
``(3) $76,000,000 for fiscal year 2029;
``(4) $76,500,000 for fiscal year 2030; and
``(5) $77,000,000 for fiscal year 2031.'';
(2) in subsection (b) by striking ``fiscal years 2022
through 2026'' and inserting ``fiscal years 2027 through
2031''; and
(3) by striking subsection (c) and inserting the following:
``(c) Hazardous Materials Safety Training Grants.--From the
Hazardous Materials Emergency Preparedness Fund established pursuant to
section 5116(h), the Secretary may expend $8,000,000 for each of fiscal
years 2027 through 2031 to carry out section 5107(e).'';
(4) by striking subsection (d); and
(5) by redesignating subsection (e) as subsection (d).
SEC. 10602. HAZARDOUS MATERIALS REGISTRATION FEES.
Section 5108(g) of title 49, United States Code, is amended--
(1) in paragraph (1) by striking ``(1) The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(2) in paragraph (2)--
(A) in subparagraph (C) by striking ``(C) The
Secretary shall'' and inserting the following:
``(D) Transfer and deposit.--The Secretary shall'';
(B) in subparagraph (B) by striking ``(B) The
Secretary'' and inserting the following:
``(C) Adjustment.--The Secretary''; and
(C) by striking ``(2)(A) In addition'' and all that
follows through the period at the end of clause (ix) of
subparagraph (A) and inserting the following:
``(2) Annual fee.--
``(A) Establishment.--In addition to a fee
established under paragraph (1), the Secretary shall
establish and impose by regulation and collect an
annual fee.
``(B) Requirement.--Subject to subparagraph (C),
the fee established under subparagraph (A) shall be--
``(i) at least $250 but not more than $500
from each person that--
``(I) is required to file a
registration statement under this
section; and
``(II) is identified as--
``(aa) a small business
(within the meaning of part 121
of title 13, Code of Federal
Regulations (or successor
regulations)); or
``(bb) a nonprofit
organization that is described
in section 501(c)(3) of the
Internal Revenue Code of 1986
and that is exempt from
taxation under section 501(a)
of such Code; and
``(ii) at least $500 but not more than
$5,000 from each person that--
``(I) is required to file a
registration statement under this
section; and
``(II) is not identified as a small
business (within the meaning of part
121 of title 13, Code of Federal
Regulations (or successor
regulations)).''.
SEC. 10603. HAZARDOUS MATERIALS SAFETY TRAINING GRANTS.
(a) In General.--Section 5107 of title 49, United States Code, is
amended--
(1) in subsection (e)--
(A) in the subsection heading by striking
``Training'' and inserting ``Hazardous Materials Safety
Training'';
(B) in paragraph (1)--
(i) in subparagraph (A) by striking ``and''
at the end;
(ii) in subparagraph (B) by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end of the
following:
``(C) for conducting national outreach and training
programs to assist communities in preparing for and
responding to accidents and incidents involving the
transportation of hazardous materials, including Class
3 flammable liquids by rail;
``(D) for training State and local personnel
responsible for enforcing the safe transportation of
hazardous materials, including Class 3 flammable
liquids;
``(E) for training emergency responders, including
response activities for the transportation of crude
oil, ethanol, flammable materials, and other hazardous
commodities by rail, consistent with National Fire
Protection Association standards; and
``(F) for training or response gear needed for
volunteer or career fire departments, or a combination
of such fire departments, to address thermal runaway,
including--
``(i) equipment, including blankets to
suppress thermal runaway, portable fire
suppression agents, and other equipment the
Secretary determines appropriate, to support
the suppression of thermal runaway resulting
from the transportation of lithium-ion cells or
batteries;
``(ii) field-deployed residual-energy
assessment and cell-integrity diagnostics;
``(iii) devices to monitor environmental
conditions and runoff control to assist with
cleanup after a thermal runaway event; and
``(iv) access and containment tools, over-
pack systems, and packaging for damaged,
defective, or recalled lithium-ion batteries or
cells.'';
(C) in paragraph (2)--
(i) in subparagraph (A) by striking ``for
hazmat employees'' and inserting ``on hazardous
materials transportation safety, including by a
nonprofit organization that represents first
responders or public officials responsible for
coordinating disaster response and is able to
provide training to individuals responsible for
responding to accidents and incidents involving
hazardous materials''; and
(ii) in subparagraph (B) by striking ``a
target population of hazmat employees'' and
inserting ``the target populations referenced
in paragraph (1)''; and
(D) by adding at the end the following:
``(3) Grant project size.--Grants made under this
subsection shall not be more than $1,500,000 per award
annually.
``(4) Funding.--
``(A) In general.--To carry out the grant program
under paragraph (1), the Secretary may use for each
fiscal year any amounts recovered during such fiscal
year from grants awarded under this section or section
5116 during a prior fiscal year.
``(B) Other hazardous materials training
activities.--For each fiscal year, after providing
grants under paragraph (1), if funds remain available,
the Secretary may use the amounts described in
subparagraph (A)--
``(i) to make grants under--
``(I) section 5116(a)(1)(C); and
``(II) section 5116(i);
``(ii) to conduct monitoring and provide
technical assistance under section 5116(e);
``(iii) to publish and distribute the
emergency response guidance referred to in
section 5116(h)(3); and
``(iv) to pay administrative costs in
accordance with section 5116(h)(4).
``(C) Obligation limitation.--Notwithstanding any
other provision of law, for each fiscal year, amounts
described in subparagraph (A) shall not be included in
the obligation limitation for the Hazardous Materials
Emergency Preparedness grant program for that fiscal
year.''; and
(2) by striking subsection (i).
(b) Conforming Change.--Section 5116 of title 49, United States
Code, is amended--
(1) by striking subsection (j);
(2) by redesignating subsection (k) as subsection (j); and
(3) in subsection (j), as redesignated, by striking
``subsections (i) and (j) of this section and under subsections
(e) and (i) of section 5107'' and inserting ``subsection (i) of
this section and under subsection (e) of section 5107''.
SEC. 10604. INCORPORATION OF SPECIAL PERMITS INTO HAZARDOUS MATERIALS
REGULATIONS.
Section 5117 of title 49, United States Code, is amended--
(1) in subsection (a)(2) by striking ``2 years and may''
and inserting ``4 years and may''; and
(2) in subsection (f) by striking ``10-year'' and inserting
``8-year''.
SEC. 10605. HARMONIZATION OF SAFETY REGULATIONS.
Section 5120 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Harmonization of Safety Regulations.--
``(1) Timing of update to or issuance of regulatory
changes.--In any case in which the Secretary has determined
that an update to or issuance of a regulation is necessary due
to a change or establishment of an international standard or
requirement described in subsection (a), including a covered
international standard, the Secretary shall issue an interim
final rule not later than 6 months before the effective date of
the applicable change or establishment.
``(2) Covered international standard defined.--In this
subsection, the term `covered international standard' means--
``(A) the International Maritime Dangerous Goods
Code;
``(B) the Technical Instructions for the Safe
Transport of Dangerous Goods by Air of the
International Civil Aviation Organization; and
``(C) the United Nations Recommendations on the
Transport of Dangerous Goods--Model Regulations.
``(d) Discretion in Adopting International Standards or
Requirements.--The Secretary may decline to adopt a change or
establishment of an international standard or requirement described in
subsection (a) if the Secretary determines the standard was improperly
influenced by a foreign country of concern (as defined in section 10638
of the Research and Development, Competition, and Innovation Act
(Public Law 117-167; 42 U.S.C. 19237)).''.
SEC. 10606. REGULATION OF FOREIGN MANUFACTURERS OF CYLINDERS USED IN
TRANSPORTING HAZARDOUS MATERIALS.
(a) Definitions.--In this section:
(1) Cylinder.--The term ``cylinder'' means any cylinder
specified under any of sections 178.36 through 178.68 of title
49, Code of Federal Regulations (or successor regulations).
(2) Foreign manufacturer of cylinders; fmoc.--The term
``foreign manufacturer of cylinders'' or ``FMOC'' means an
entity that manufactures cylinders outside of the United States
that are intended to be represented, marked, certified, or sold
as qualified for use in transporting a hazardous material in
commerce in the United States.
(3) In good standing.--The term ``in good standing'', with
respect to an FMOC, means that the FMOC--
(A) is approved by the Secretary pursuant to
section 107.807 of title 49, Code of Federal
Regulations (or a successor regulation); and
(B) has demonstrated 3 years of compliance with--
(i) part 107 of title 49, Code of Federal
Regulations (or successor regulations); and
(ii) chapter 51 of title 49, United States
Code.
(b) Approval of Foreign Manufacturers of Cylinders.--
(1) In general.--The Secretary shall promulgate regulations
to provide that an approval provided to an FMOC pursuant to
section 107.807 of title 49, Code of Federal Regulations (or a
successor regulation), shall be for a period of not longer than
1 year, except as provided under paragraph (2).
(2) 5-year approval.--The Secretary may provide a 5-year
approval of an FMOC pursuant to section 107.807 of title 49,
Code of Federal Regulations (or a successor regulation), if the
following requirements are met:
(A) The FMOC attests that none of the cylinders
made by the FMOC are prohibited from entry to the
United States under section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(B) The Secretary determines that the FMOC is in
good standing.
(3) Facility inspections.--
(A) Definition of obstructs.--In this paragraph,
the term ``obstructs'' means taking actions that are
known, or reasonably should be known, to prevent,
hinder, or impede an inspection.
(B) Penalties.--The Secretary may suspend or
terminate an approval of an FMOC if the FMOC obstructs
or prevents the Secretary from carrying out an
inspection under section 107.807(c) of title 49, Code
of Federal Regulations (or a successor regulation).
(4) Interaction with other statutes, agreements,
regulations.--Nothing in this section may be construed to
prevent the harmonization of cylinder standards otherwise
authorized by law.
(5) Other cause for suspension or termination.--The
Secretary may suspend or terminate an approval of an FMOC on
determination that the FMOC knowingly or intentionally
misrepresented responses to the Secretary required by law,
including under subsection (e).
(c) Reevaluation by Request for Related Violations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to establish a process, as
determined by the Secretary, for any interested party to
request a reevaluation of the approval of FMOC cylinders under
section 107.807 of title 49, Code of Federal Regulations (or a
successor regulation), to review the accuracy and safety of the
actions of the FMOC.
(2) Petition for reevaluation.--The regulations promulgated
under paragraph (1) shall allow an interested party to file a
petition if that party has evidence of inaccurate, changed, or
fraudulent attestations or responses made by an FMOC to the
Secretary under subsection (e).
(d) Notice and Comment for Applications by Foreign Manufacturers of
Cylinders.--On receipt of an application for approval under section
107.807 of title 49, Code of Federal Regulations (or a successor
regulation), the Secretary shall--
(1) publish notification of the application on the website
of the Pipeline and Hazardous Materials Safety Administration
in a timely manner; and
(2) provide not less than 30 days for public comment on the
application prior to approval.
(e) Foreign Manufacturers Listing Approvals.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter, the
Secretary shall publish and maintain on the website of the Pipeline and
Hazardous Materials Safety Administration a list of approved foreign
manufacturers of cylinders and the duration of those approvals.
(f) Authorizing Foreign Inspections.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall revise
section 107.807(d) of title 49, Code of Federal Regulations--
(1) to require that in any case in which the Secretary
determines there is good cause, an inspection under that
section shall be carried out annually for such duration as the
Secretary determines appropriate;
(2) to specify that a refusal of inspection under that
section shall result in a loss of the status of ``in good
standing'';
(3) to allow the Secretary to request, at the discretion of
the Secretary--
(A) production of test and production records; and
(B) random sample testing; and
(4) to allow for the recovery of all associated costs of
foreign inspections to include travel, time, and other costs,
as determined by the Secretary.
SEC. 10607. SAFETY PLACARDS.
(a) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall initiate a rulemaking for the ability
of placards required by part 172 of title 49, Code of Federal
Regulations, to withstand temperatures common in the uncontrolled
burning of hazardous materials transported by rail or by other modes of
surface transportation frequently used to transport freight.
(b) Contents.--In carrying out subsection (a), the Secretary
shall--
(1) determine the fire exposure conditions common in the
burning of hazardous materials that placards shall be able to
withstand, including--
(A) temperature thresholds; and
(B) length of time; and
(2) consider the availability and reliability of testing
equipment that can be used to simulate the fire exposure
conditions in subparagraph (A).
(c) Considerations for Adjustment of Placard Materials.--In
developing the rulemaking under this section, the Secretary shall--
(1) consider--
(A) safety benefits;
(B) scientific data;
(C) costs, including up front capital costs and
ongoing maintenance costs;
(D) operational benefits and challenges, including
installation time and component availability; and
(E) international, first responder, and other
commercial enterprises' experiences utilizing such
materials; and
(2) gather, consider, and, as appropriate, incorporate
input from relevant stakeholders, including--
(A) manufacturers of placards;
(B) entities conducting fireproof hazmat testing;
(C) entities representing first responders; and
(D) entities representing operators engaged in the
transport of hazardous materials.
SEC. 10608. STUDY ON LIMITED COMMERCIAL DRIVER'S LICENSE HAZARDOUS
MATERIALS ENDORSEMENTS.
(a) Study and Assessment.--The Secretary shall conduct a study and
assessment investigating the feasibility of issuing material-specific
hazardous materials endorsements to a commercial driver's license.
(b) Request for Information.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall publish in the Federal
Register a request for information seeking input and comment on the
scope of the study and assessment required under subsection (a).
(c) Contents.--The study and assessment under subsection (a) shall
include--
(1) the potential utility of a material-specific hazardous
materials endorsement to a commercial driver's license for the
movement of hazardous materials in interstate and intrastate
commerce;
(2) whether such an endorsement achieves equivalent levels
of safety for the material being transported and equivalent
levels of safety for other highway users;
(3) issues related to the safe transportation of hazardous
materials, the ability of regulatory agencies to monitor
compliance, driver qualifications and training, and effects on
operator liability;
(4) the availability of commercial liability insurance for
the transportation of hazardous materials, and whether limited
endorsements will lower or increase the cost of such liability
insurance;
(5) the potential costs and benefits of such an
endorsement; and
(6) any other factors identified through the request for
information process under subsection (b).
(d) Report to Congress.--Not later than 6 months after the closing
of the public submission period of the request for information required
under subsection (b), 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
the study and assessment required under subsection (a).
SEC. 10609. REAL-TIME TRAIN CONSIST INFORMATION RULEMAKING EVALUATION.
(a) Evaluation.--Not later than June 24, 2027, the Secretary shall,
taking into account the rule titled ``Hazardous Materials: FAST Act
Requirements for Real-Time Train Consist Information'' published on
June 24, 2024 (89 Fed. Reg. 52956), undertake an evaluation regarding
whether emergency responders, including volunteers and personnel of
emergency communication centers, have access to real-time train consist
information sufficient for purposes of responding to incidents.
(b) Contents.--The evaluation under subsection (a) shall include
the following:
(1) An assessment of outreach to emergency responders and
whether the activities of the railroad industry, Pipeline and
Hazardous Materials Safety Administration, and other relevant
organizations are sufficient to meet the needs of such
emergency responders with respect to access and provision of
real-time train consist information.
(2) Identification of any gaps with respect to access and
provision of real-time train consist information to such
emergency responders and the needs of such emergency responders
with respect to real-time train consist information.
(c) Report.--Not later than 90 days after the completion of the
evaluation under subsection (a), the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report including the results of the
evaluation and any changes implemented by the Secretary since
completion of the evaluation to ensure emergency responders, including
volunteers and personnel of emergency communication centers, have
access to real-time train consist information.
(d) Class I Railroad; Class II Railroad; Class III Railroad
Defined.--In this section, the terms ``Class I railroad'', ``Class II
railroad'', and ``Class III railroad'' have the meanings given such
terms in section 20102 of title 49, United States Code.
SEC. 10610. STUDY ON EXCEPTION FOR INTRASTATE TRANSPORTATION OF DIESEL
FUEL IN SUPPORT OF LOGGING OR TIMBER OPERATIONS.
(a) Report Required.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on whether to create an exception
similar to the exception for agriculture under section 173.5 of title
49, Code of Federal Regulations, that applies to the transportation of
diesel fuel by a logging or timber company on local roads beginning or
ending on logging or timber company property.
(b) Elements.--In developing the report under subsection (a), the
Comptroller General shall consider the following:
(1) What legislative or regulatory revisions would need to
be made to create a limited exception for the purposes
described in subsection (a).
(2) How many States and what road mileage, by State, would
be impacted by such a revision.
(3) Whether the exception should be limited to roads owned
by logging or timber companies.
(4) What safety, financial, and environmental impact the 5
States with the largest logging and timber sectors would
experience with this change.
(5) What legislative, regulatory, or oversight measures
should be adopted to ensure this exception only applies to
local roads owned by logging or timber companies and that the
diesel moved on such roads are for the express purpose of
logging and timber operations.
SEC. 10611. SAFER TANK CARS.
(a) Phase-out Schedule.--Beginning on December 31, 2028, no
railroad tank car, regardless of the construction date of the railroad
tank car, may be used to transport Class 3 flammable liquid in packing
groups II or III (other than Class 3 flammable liquids listed in
paragraphs (1) and (2) of section 7304(b) of the Hazardous Materials
Transportation Safety Improvement Act of 2015 (49 U.S.C. 20155 note)),
regardless of the composition of the train consist, unless such tank
car meets or exceeds DOT-117, DOT-117P, or DOT-117R specification
requirements, as in effect on the date of enactment of this Act.
(b) Conforming Regulatory Amendments.--
(1) In general.--The Secretary--
(A) shall immediately remove or revise the date-
specific deadlines in any applicable regulations or
orders to the extent necessary to conform with the
requirement under subsection (a); and
(B) may not enforce any date-specific deadlines or
requirements that are inconsistent with the requirement
under subsection (a).
(2) Rule of construction.--Except as required under
paragraph (1), nothing in this section may be construed to
require the Secretary to issue regulations to implement this
section.
(c) Amending the Phase-out Date.--If the Secretary, based on the
data contained in the report issued pursuant to subsection (d),
determine that the phase-out date under subsection (a) cannot be met
due to insufficient manufacturing capacity or would otherwise result in
significant impacts to interstate commerce, the Secretary shall delay
the phase-out scheduled under subsection (a) to May 1, 2029.
(d) GAO Review.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall issue a report to
the Secretary, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate that--
(1) identifies the manufacturing capacity of tank car
manufacturers in North America that manufacture tank cars to
meet DOT-117 or DOT-117P specification requirements;
(2) identifies the retrofit capacity of tank car
manufacturers and other entities in North America that can
retrofit DOT-111 tank cars to meet DOT-117R specification
requirements;
(3) estimates the schedule of replacing tank cars currently
in service that are reaching the end of their life cycle;
(4) identifies the number of tank cars that need to be
phased out or retrofitted under subsection (a) and the number
that could be retrofitted; and
(5) estimates the demand for new tank cars.
SEC. 10612. REQUIREMENTS FOR SAFE TRANSPORT OF LITHIUM-ION BATTERIES.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall--
(1) work with the United Nation Subcommittee of Experts on
the Transportation of Dangerous Goods to revise the provisions
for design tests in subsection 38.3 of the UN Manual of Tests
and Criteria to develop an impact test for lithium-ion cells or
batteries installed and transported in cargo transport units
and transported under UN 3536 to allow improved ability to
withstand forces experienced in transport accidents without
going into thermal runaway;
(2) issue such regulations as are necessary to amend
section 173.185 of title 49, Code of Federal Regulations to--
(A) require lithium-ion cells or batteries (as
defined in UN 3480) to be offered for commercial
transport at a state of charge not exceeding 30 percent
of the rated capacity of such cells or batteries
(determined through the guidance and methodology under
section 38.3.2.3 of the Manual of Tests and Criteria of
the United Nations); and
(B) authorize the transportation of lithium-ion
cells or batteries at a state of charge greater than 30
percent of the rated capacity of such cells or
batteries only under conditions approved by the
Associate Administrator for Hazardous Materials of the
Pipeline and Hazardous Materials Safety Administration
in accordance with the requirements in subpart H of
part 107 of title 49, Code of Regulations;
(3) issue such regulations as are necessary or promulgate
final guidance on the safe transportation of damaged,
defective, or recalled lithium-ion cells or batteries, and such
regulations or guidance shall include guidance on the
packaging, movement, and disposal of damaged, defective, or
recalled lithium-ion cells or batteries; and
(4) every 5 years, review the regulations and guidelines
under this section and update such regulations and guidelines,
as appropriate, to account for other emerging batteries or
cells that pose a risk of thermal runaway as a result from a
fire during commercial transport.
SEC. 10613. INNOVATIVE THERMAL RUN-AWAY SUPPRESSION STRATEGIES.
(a) In General.--Section 5118(c)(3) of title 49, United States
Code, is amended--
(1) in subparagraph (F) by striking ``and'' at the end;
(2) in subparagraph (G) by striking the period at the end
and inserting ``; and'' ; and
(3) by adding at the end the following:
``(H) thermal runaway of lithium-ion cells or
batteries in commercial transport units, including--
``(i) the effectiveness of innovative
technologies and methods to suppress such
thermal runaway of lithium-ion cells or
batteries in commercial transport units
transported under UN 3536, including
technologies and methods that do not use
materials listed in table 302.4 of section
302.4 of title 40, Code of Federal Regulations,
and identified by chemical abstracts service
registry numbers 1763-23-1 and 335-67-1;
``(ii) the impact of the state of charge of
a battery or cell on methods to suppress such
thermal runaway; and
``(iii) methods for emergency responders to
verify the state of charge of a battery or cell
experiencing thermal runaway as a result of a
fire or crash during commercial transport.''.
(b) Other Entities.--Notwithstanding section 5118(c)(2) of title
49, United States Code, in addition to the National Academies, the
Secretary may enter into agreements with facilities that specialize in
fire suppression testing to carry out section 5118(c)(3)(H) of such
title (as added by subsection (a)) and shall require from such
facilities a report on the findings of any tests conducted pursuant to
the agreement.
(c) Recommendations.--Not later than 120 days after the receipt of
all reports for which an agreement was entered into under subsection
(b), the Secretary shall review the findings submitted by entities
described in subsection (b) and 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--
(1) the findings detailed in each report, including which
fire suppression tools and techniques were found to be most
effective at suppressing thermal runaway resulting from a
lithium-ion cell or battery fire;
(2) the impact of the state of charge of a battery on the
techniques and tools studied under the agreement;
(3) information on the best methods to verify the state of
charge of a lithium-ion battery or cell after a nonconsumptive
event and how that information can inform decisions about how
to safely mitigate thermal runaway; and
(4) recommendations on whether, based on such review,
updated guidance or training of the Pipeline and Hazardous
Materials Safety Administration is necessary.
(d) Authorization of Appropriations.--Of the amounts made available
under section 5128(a) of title 49, United States Code, the Secretary
shall withhold $2,000,000 for each of fiscal years 2027 through 2031 to
enter into an agreement to carry out section 5118(c)(3)(H) of title 49,
United States Code.
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