,i #aafth ,,congress #b;d ,session ,h4 ,r4 #b ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjbj,mr4 ,de,fazio 7for himself1 ,ms4 ,norton1 and ,mr4 ,lipinski7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to authorize funds for ,federal-aid highways1 highway safety programs1 and transit programs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,investing in a ,new ,vision for the ,environment and ,surface ,transportation in ,america ,act or the ,,invest in ,america ,act4 7b7 ,table of ,contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,division ,a--,federal ,surface ,transportation ,programs for ,fiscal ,year #bjba ,sec4 #aja4 ,extension of ,federal surface transportation programs4 ,sec4 #ajb4 ,federal ,highway ,administration4 ,sec4 #ajc4 ,federal ,transit ,administration4 ,sec4 #ajd4 ,national ,highway ,traffic ,safety ,administration4 ,sec4 #aje4 ,federal ,motor ,carrier ,safety ,administration4 ,sec4 #ajf4 ,definitions4 ,division ,b--,surface ,transportation ,sec4 #ajja4 ,applicability of division4 ,title ,i--,federal-,aid ,highways ,subtitle ,a--,authorizations and ,program ,conditions ,sec4 #aaja4 ,authorization of appropriations4 ,sec4 #aajb4 ,obligation limitation4 ,sec4 #aajc4 ,definitions and declaration of policy4 ,sec4 #aajd4 ,apportionment4 ,sec4 #aaje4 ,additional deposits into ,highway ,trust ,fund4 ,sec4 #aajf4 ,transparency4 ,sec4 #aajg4 ,complete and context sensitive street design4 ,sec4 #aajh4 ,innovative project delivery ,federal share4 ,sec4 #aaji4 ,transferability of ,federal-aid highway funds4 ,sec4 #aaaj4 ,tolling4 ,sec4 #aaaa4 ,,hov facilities4 ,sec4 #aaab4 ,buy ,america4 ,subtitle ,b--,programmatic ,infrastructure ,investment ,sec4 #abja4 ,national highway performance program4 ,sec4 #abjb4 ,increasing the resilience of transportation assets4 ,sec4 #abjc4 ,emergency relief4 ,sec4 #abjd4 ,railway crossings4 ,sec4 #abje4 ,surface transportation program4 ,sec4 #abjf4 ,transportation alternatives program4 ,sec4 #abjg4 ,bridge investment4 ,sec4 #abjh4 ,construction of ferry boats and ferry terminal facilities4 ,sec4 #abji4 ,highway safety improvement program4 ,sec4 #abaj4 ,congestion mitigation and air quality improvement program4 ,sec4 #abaa4 ,electric vehicle charging stations4 ,sec4 #abab4 ,national highway freight program4 ,sec4 #abac4 ,carbon pollution reduction4 ,sec4 #abad4 ,recreational trails4 ,sec4 #abae4 ,safe routes to school program4 ,sec4 #abaf4 ,bicycle transportation and pedestrian walkways4 ,subtitle ,c--,project-,level ,investments ,sec4 #acja4 ,projects of national and regional significance4 ,sec4 #acjb4 ,community transportation investment grant program4 ,sec4 #acjc4 ,grants for charging and fueling infrastructure to modernize and reconnect ,america for the #bast century4 ,sec4 #acjd4 ,community climate innovation grants4 ,sec4 #acje4 ,metro performance program4 ,sec4 #acjf4 ,gridlock reduction grant program4 ,sec4 #acjg4 ,rebuild rural grant program4 ,sec4 #acjh4 ,parking for commercial motor vehicles4 ,sec4 #acji4 ,active transportation connectivity grant program4 ,subtitle ,d--,planning1 ,performance ,management1 and ,asset ,management ,sec4 #adja4 ,metropolitan transportation planning4 ,sec4 #adjb4 ,statewide and nonmetropolitan transportation planning4 ,sec4 #adjc4 ,national goals and performance management measures4 ,sec4 #adjd4 ,transportation demand data and modeling study4 ,subtitle ,e--,federal ,lands1 ,tribes1 and ,territories ,sec4 #aeja4 ,territorial and ,puerto ,rico highway program4 ,sec4 #aejb4 ,tribal transportation program4 ,sec4 #aejc4 ,tribal ,high ,priority ,projects program4 ,sec4 #aejd4 ,federal lands transportation program4 ,sec4 #aeje4 ,federal lands and ,tribal major projects program4 ,sec4 #aejf4 ,office of ,tribal ,government ,affairs4 ,sec4 #aejg4 ,alternative contracting methods4 ,sec4 #aejh4 ,divestiture of federally owned bridges4 ,subtitle ,f--,additional ,provisions ,sec4 #afja4 ,toward zero deaths4 ,sec4 #afjb4 ,speed limits4 ,sec4 #afjc4 ,broadband infrastructure deployment4 ,sec4 #afjd4 ,appalachian development highway system funding flexibility4 ,sec4 #afje4 ,stormwater best management practices4 ,sec4 #afjf4 ,pedestrian right-of-way4 ,sec4 #afjg4 ,highway formula modernization report4 ,sec4 #afjh4 ,consolidation of programs4 ,sec4 #afji4 ,student outreach report to ,congress4 ,sec4 #afaj4 ,task force on developing a #bast century surface transportation workforce4 ,sec4 #afaa4 ,on-the-job training and supportive services4 ,sec4 #afab4 ,work zone safety4 ,sec4 #afac4 ,transportation education development program4 ,sec4 #afad4 ,working group on construction resources4 ,title ,,ii--,public ,transportation ,subtitle ,a--,federal ,transit ,administration ,sec4 #baja4 ,authorizations4 ,sec4 #bajb4 ,chapter #ec definitions4 ,sec4 #bajc4 ,general provisions4 ,sec4 #bajd4 ,miscellaneous provisions4 ,sec4 #baje4 ,policies and purposes4 ,sec4 #bajf4 ,fiscal year #bjbb formulas4 ,subtitle ,b--,improving ,frequency and ,ridership ,sec4 #bbja4 ,multi-jurisdictional bus frequency and ridership competitive grants4 ,sec4 #bbjb4 ,incentivizing frequency in the urban formula4 ,sec4 #bbjc4 ,mobility innovation4 ,sec4 #bbjd4 ,formula grants for rural areas4 ,sec4 #bbje4 ,one-stop paratransit program4 ,subtitle ,c--,buy ,america and ,other ,procurement ,reforms ,sec4 #bcja4 ,buy ,america4 ,sec4 #bcjb4 ,bus procurement streamlining4 ,sec4 #bcjc4 ,bus testing facility4 ,subtitle ,d--,bus ,grant ,reforms ,sec4 #bdja4 ,formula grants for buses4 ,sec4 #bdjb4 ,bus facilities and fleet expansion competitive grants4 ,sec4 #bdjc4 ,zero emission bus grants4 ,sec4 #bdjd4 ,restoration to state of good repair formula subgrant4 ,subtitle ,e--,supporting ,all ,riders ,sec4 #beja4 ,low-income urban formula funds4 ,sec4 #bejb4 ,rural persistent poverty formula4 ,sec4 #bejc4 ,demonstration grants to support reduced fare transit4 ,subtitle ,f--,supporting ,frontline ,workers and ,passenger ,safety ,sec4 #bfja4 ,national transit frontline workforce training center4 ,sec4 #bfjb4 ,public transportation safety program4 ,sec4 #bfjc4 ,automated vehicle transit workforce standards4 ,sec4 #bfjd4 ,performance-based metrics4 ,subtitle ,g--,transit-,supportive ,communities ,sec4 #bgja4 ,transit-supportive communities4 ,sec4 #bgjb4 ,property disposition for affordable housing4 ,sec4 #bgjc4 ,affordable housing incentives in capital investment grants4 ,subtitle ,h--,innovation ,sec4 #bhja4 ,mobility innovation sandbox program4 ,sec4 #bhjb4 ,transit bus operator compartment redesign program4 ,sec4 #bhjc4 ,federal ,transit ,administration ,every ,day ,counts initiative4 ,sec4 #bhjd4 ,technical corrections4 ,subtitle ,i--,other ,program ,reauthorizations ,sec4 #bija4 ,reauthorization for capital and preventive maintenance projects for ,washington ,metropolitan ,area ,transit ,authority4 ,sec4 #bijb4 ,other apportionments4 ,subtitle ,j--,streamlining ,sec4 #biaa4 ,fixed guideway capital investment grants4 ,sec4 #biab4 ,rural and small urban apportionment deadline4 ,sec4 #biac4 ,disposition of assets beyond useful life4 ,sec4 #biad4 ,innovative coordinated access and mobility4 ,title ,,iii--,highway ,traffic ,safety ,sec4 #cjja4 ,authorization of appropriations4 ,sec4 #cjjb4 ,highway safety programs4 ,sec4 #cjjc4 ,traffic safety enforcement grants4 ,sec4 #cjjd4 ,highway safety research and development4 ,sec4 #cjje4 ,grant program to prohibit racial profiling4 ,sec4 #cjjf4 ,high-visibility enforcement program4 ,sec4 #cjjg4 ,national priority safety programs4 ,sec4 #cjjh4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence4 ,sec4 #cjji4 ,national priority safety program grant eligibility4 ,title ,,iv--,motor ,carrier ,safety ,subtitle ,a--,motor ,carrier ,safety ,grants1 ,operations1 and ,programs ,sec4 #daja4 ,motor carrier safety grants4 ,sec4 #dajb4 ,motor carrier safety operations and programs4 ,subtitle ,b--,motor ,carrier ,safety ,oversight ,sec4 #dbja4 ,motor carrier safety advisory committee4 ,sec4 #dbjb4 ,compliance1 safety1 accountability4 ,sec4 #dbjc4 ,terms and conditions for exemptions4 ,sec4 #dbjd4 ,safety fitness of motor carriers of passengers4 ,subtitle ,c--,commercial ,motor ,vehicle ,driver ,safety ,sec4 #dcja4 ,commercial drivers license for passenger carriers4 ,sec4 #dcjb4 ,alcohol and controlled substances testing4 ,sec4 #dcjc4 ,entry-level driver training4 ,sec4 #dcjd4 ,driver detention time4 ,sec4 #dcje4 ,truck ,leasing ,task ,force4 ,sec4 #dcjf4 ,hours of service4 ,sec4 #dcjg4 ,driver recruitment4 ,subtitle ,d--,commercial ,motor ,vehicle and ,school ,bus ,safety ,sec4 #ddja4 ,school bus safety standards4 ,sec4 #ddjb4 ,illegal passing of school buses4 ,sec4 #ddjc4 ,state inspection of passenger-carrying commercial motor vehicles4 ,sec4 #ddjd4 ,automatic emergency braking4 ,sec4 #ddje4 ,underride protection4 ,sec4 #ddjf4 ,transportation of horses4 ,title ,v--,innovation ,sec4 #ejja4 ,authorization of appropriations4 ,subtitle ,a--,research and ,development ,sec4 #eaja4 ,highway research and development program4 ,sec4 #eajb4 ,materials to reduce greenhouse gas emissions program4 ,sec4 #eajc4 ,transportation research and development #e-year strategic plan4 ,sec4 #eajd4 ,university transportation centers program4 ,sec4 #eaje4 ,unsolicited research initiative4 ,sec4 #eajf4 ,national cooperative multimodal freight transportation research program4 ,sec4 #eajg4 ,wildlife-vehicle collision reduction and habitat connectivity improvement4 ,sec4 #eajh4 ,research activities4 ,subtitle ,b--,technology ,deployment ,sec4 #ebja4 ,technology and innovation deployment program4 ,sec4 #ebjb4 ,accelerated implementation and deployment of pavement technologies4 ,sec4 #ebjc4 ,federal ,highway ,administration ,every ,day ,counts ,initiative4 ,subtitle ,c--,emerging ,technologies ,sec4 #ecja4 ,safe1 efficient mobility through advanced technologies4 ,sec4 #ecjb4 ,intelligent transportation systems program4 ,sec4 #ecjc4 ,national highly automated vehicle and mobility innovation clearinghouse4 ,sec4 #ecjd4 ,study on safe interactions between automated vehicles and road users4 ,sec4 #ecje4 ,nontraditional and ,emerging ,transportation ,technology ,council4 ,sec4 #ecjf4 ,hyperloop transportation4 ,subtitle ,d--,surface ,transportation ,funding ,pilot ,programs ,sec4 #edja4 ,state surface transportation system funding pilots4 ,sec4 #edjb4 ,national surface transportation system funding pilot4 ,subtitle ,e--,miscellaneous ,sec4 #eeja4 ,ergonomic seating working group4 ,sec4 #eejb4 ,repeal of section #fcad of title #di1 ,united ,states ,code4 ,sec4 #eejc4 ,reports4 ,title ,,vi--,multimodal ,transportation ,sec4 #fjja4 ,national multimodal freight policy4 ,sec4 #fjjb4 ,national freight strategic plan4 ,sec4 #fjjc4 ,national multimodal freight network4 ,sec4 #fjjd4 ,state freight advisory committees4 ,sec4 #fjje4 ,state freight plans4 ,sec4 #fjjf4 ,study of freight transportation fee4 ,sec4 #fjjg4 ,national ,surface ,transportation and ,innovative ,finance ,bureau4 ,sec4 #fjjh4 ,local hire4 ,title ,,vii--,transportation ,infrastructure ,finance and ,innovation ,act ,sec4 #gjja4 ,transportation ,infrastructure ,finance and ,innovation ,act4 ,division ,c--,hazardous ,materials ,transportation ,sec4 #hjja4 ,short title4 ,title ,i--,authorizations ,sec4 #haja4 ,authorization of appropriations4 ,title ,,ii--,hazardous ,materials ,safety and ,improvement ,sec4 #hbja4 ,repeal of certain requirements related to lithium cells and batteries4 ,sec4 #hbjb4 ,transportation of liquefied natural gas by rail tank car4 ,sec4 #hbjc4 ,hazardous materials training requirements and grants4 ,sec4 #hbjd4 ,study on hazardous materials transported by commercial motor vehicles on highway-rail grade crossings4 ,division ,d--,rail ,sec4 #ijja4 ,short title4 ,title ,i--,authorizations ,sec4 #iaja4 ,authorization of appropriations4 ,sec4 #iajb4 ,passenger rail improvement1 modernization1 and expansion grants4 ,sec4 #iajc4 ,consolidated rail infrastructure and safety improvement grants4 ,sec4 #iajd4 ,railroad rehabilitation and improvement financing4 ,sec4 #iaje4 ,buy ,america4 ,sec4 #iajf4 ,rail network climate change vulnerability assessment4 ,title ,,ii--,amtrak ,reforms ,sec4 #ibja4 ,amtrak findings1 mission1 and goals4 ,sec4 #ibjb4 ,amtrak status4 ,sec4 #ibjc4 ,board of ,directors4 ,sec4 #ibjd4 ,amtrak preference enforcement4 ,sec4 #ibje4 ,use of facilities and providing services to ,amtrak4 ,sec4 #ibjf4 ,prohibition on mandatory arbitration4 ,sec4 #ibjg4 ,amtrak ,,ada assessment4 ,sec4 #ibjh4 ,prohibition on smoking on ,amtrak trains4 ,sec4 #ibji4 ,state-supported routes operated by ,amtrak4 ,sec4 #ibaj4 ,amtrak ,police ,department4 ,sec4 #ibaa4 ,amtrak food and beverage4 ,sec4 #ibab4 ,clarification on ,amtrak contracting out4 ,sec4 #ibac4 ,amtrak staffing4 ,sec4 #ibad4 ,special transportation4 ,sec4 #ibae4 ,disaster and emergency relief program4 ,sec4 #ibaf4 ,recreational trail access4 ,title ,,iii--,intercity ,passenger ,rail ,policy ,sec4 #icja4 ,northeast ,corridor ,commission4 ,sec4 #icjb4 ,northeast ,corridor planning4 ,sec4 #icjc4 ,protective arrangements4 ,sec4 #icjd4 ,high-speed rail funds4 ,title ,,iv--,commuter ,rail ,policy ,sec4 #idja4 ,surface ,transportation ,board mediation of trackage use requests4 ,sec4 #idjb4 ,surface ,transportation ,board mediation of rights-of-way use requests4 ,title ,v--,rail ,safety ,subtitle ,a--,passenger and ,freight ,safety ,sec4 #ieja4 ,national ,academies study on safety impact of trains longer than #g1ejj feet4 ,sec4 #iejb4 ,,gao study on changes in freight railroad operating and scheduling practices4 ,sec4 #iejc4 ,,fra safety reporting4 ,sec4 #iejd4 ,waiver notice requirements4 ,sec4 #ieje4 ,notice of ,,fra comprehensive safety assessments4 ,sec4 #iejf4 ,,fra accident and incident investigations4 ,sec4 #iejg4 ,rail safety improvements4 ,sec4 #iejh4 ,annual review of speed limit action plans4 ,sec4 #ieji4 ,freight train crew size safety standards4 ,sec4 #ieaj4 ,safe cross border operations4 ,sec4 #ieaa4 ,yardmasters hours of service4 ,sec4 #ieab4 ,leaking brakes4 ,sec4 #ieac4 ,annual report on ,,ptc system failures4 ,sec4 #iead4 ,fatigue reduction pilot projects4 ,sec4 #ieae4 ,assault prevention and response plans4 ,sec4 #ieaf4 ,critical incident stress plans4 ,sec4 #ieag4 ,study on safety culture assessments4 ,subtitle ,b--,grade ,crossing ,safety ,sec4 #ieea4 ,grade crossing separation grant4 ,sec4 #ieeb4 ,rail safety public awareness grant4 ,sec4 #ieec4 ,establishment of #aj-minute time limit for blocking public grade crossings4 ,sec4 #ieed4 ,national strategy to address blocked crossings4 ,sec4 #ieee4 ,railroad point of contact for blocked crossing matters4 ,a ,federal ,surface ,transportation ,programs for ,fiscal ,year #bjba #aja4 ,extension of ,federal surface transportation programs 7a7 ,extension of ,federal surface transportation programs 7#a7 ,in general ,except as otherwise provided in this division1 the requirements1 authorities1 conditions1 eligibilities1 limitations1 and other provisions authorized under the covered laws1 which would otherwise expire on or cease to apply after ,september #cj1 #bjbj1 are incorporated by reference and shall continue in effect through ,september #cj1 #bjba4 7#b7 ,authorization of appropriations 7,a7 ,highway trust fund 7i7 ,highway account 7,i7 ,in general ,except as provided in subclause 7,,ii71 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year #bjbj1 an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year #bjbj4 7,,ii7 ,administrative expenses ,notwithstanding any other provision of this division1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba-- 7aa7 #ejb1hig1jdi for administrative expenses of the ,federal ,highway ,administration1 as described in section #ajd7;a7 of title #bc1 ,united ,states ,code2 and 7bb7 #cj1jhf1jjj for grant administrative expenses of the ,national ,highway ,traffic ,safety ,administration1 as described in section #djja7;a77#f7 of the ,,fast ,act 7,public ,law #aad-id74 7ii7 ,mass transit account ,there is authorized to be appropriated from the ,mass ,transit ,account for fiscal year #bjba1 for each program under the covered laws with respect to which amounts are authorized to be appropriated from such account for fiscal year #bjbj1 an amount equal to the amount authorized for appropriation with respect to the program from such account for fiscal year #bjbj4 7,b7 ,general fund 7i7 ,in general ,except as provided in clause 7ii71 there is authorized to be appropriated for fiscal year #bjba1 for each program with respect to which amounts are authorized to be appropriated for fiscal year #bjbj from an account other than the ,highway ,account or the ,mass ,transit ,account under the titles described in subsection 7b77#a71 an amount not less than the amount authorized for appropriation with respect to the program under such titles for fiscal year #bjbj4 7ii7 ,administrative expenses ,notwithstanding any other provision of this division1 there is authorized to be appropriated from the general fund of the ,treasury for fiscal year #bjba #adj1jaf1edc for administrative expenses of the ,federal ,transit ,administration4 7#c7 ,use of funds ,except as otherwise provided in this division1 amounts authorized to be appropriated for fiscal year #bjba with respect to a program under paragraph 7#b7 shall be distributed1 administered1 limited1 and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year #bjbj under the covered laws4 7#d7 ,obligation limitation ,a program for which amounts are authorized to be appropriated under paragraph 7#b77;,a7 shall be subject to a limitation on obligations for fiscal year #bjba in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year #bjbj under the ,department of ,transportation ,appropriations ,act1 #bjbj 7,public ,law #aaf-id71 as in effect on ,december #bj1 #bjai4 7b7 ,definitions ,in this section1 the term covered laws means the following3 7#a7 ,titles ,i1 ,,iii1 ,,iv1 ,v1 and ,,vi of division ,a of the ,,fast ,act 7,public ,law #aad-id74 7#b7 ,division ,a1 division ,b1 subtitle ,a of title ,i and title ,,ii of division ,c1 and division ,e of ,,map-#ba 7,public ,law #aab-ada74 7#c7 ,titles ,i1 ,,ii1 and ,,iii of the ,,safetea-,,lu ,technical ,corrections ,act of #bjjh 7,public ,law #aaj-bdd74 7#d7 ,titles ,i1 ,,ii1 ,,iii1 ,,iv1 ,v1 and ,,vi of ,,safetea-,,lu 7,public ,law #aji-ei74 7#e7 ,titles ,i1 ,,ii1 ,,iii1 ,,iv1 and ,v of the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh74 7#f7 ,titles ,,ii1 ,,iii1 and ,,iv of the ,national ,highway ,system ,designation ,act of #aiie 7,public ,law #ajd-ei74 7#g7 ,title ,i1 part ,a of title ,,ii1 title ,,iii1 title ,,iv1 title ,v1 and title ,,vi of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj74 7#h7 ,title #bc1 ,united ,states ,code4 7#i7 ,sections #aaf1 #aag1 #ccj1 and #eeje and chapters #ec1 #aci1 #cjc1 #caa1 #cac1 #gja1 and #gjb of title #di1 ,united ,states ,code4 #ajb4 ,federal ,highway ,administration 7a7 ,additional amounts 7#a7 ,authorization of appropriations 7,a7 ,in general ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for activities under this section1 #ad1gdb1hjh1fdj4 7,b7 ,contract authority ,amounts authorized to be appropriated under subparagraph 7,a7 shall be available for obligation as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,obligation ceiling 7,a7 ,in general ,notwithstanding any other provision of law1 for fiscal year #bjba1 obligations for activities authorized under paragraph 7#a7 shall not exceed #ad1gdb1hjh1fdj4 7,b7 ,distribution of obligation authority 7i7 ,in general ,of the obligation authority provided under subparagraph 7,a71 the ,secretary shall make available to ,states1 ,tribes1 ,puerto ,rico1 the territories1 and ,federal land management agencies1 during the period of fiscal year #bjba1 amounts of obligation authority equal to the amounts described in subparagraphs 7,a7 through 7,e7 of paragraph 7#c71 respectively4 7ii7 ,further distribution ,each ,state1 each ,tribe1 ,puerto ,rico1 each territory1 and each ,federal land management agency receiving funds under subparagraphs 7,a7 through 7,e7 of paragraph 7#c71 respectively1 shall receive an amount of obligation authority equal to the funds that it receives under any of such subparagraphs4 7,c7 ,redistribution of unused obligation authority 7i7 ,in general ,notwithstanding subparagraph 7,b71 the ,secretary shall1 after ,august #a of fiscal year #bjba-- 7,i7 revise a distribution of the obligation authority made available under subparagraph 7,b7 if an amount distributed cannot be obligated during that fiscal year2 and 7,,ii7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under sections #add 7as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada77 and #ajd of title #bc1 ,united ,states ,code4 7ii7 ,administration ,the ,secretary shall administer a redistribution under clause 7i7 of obligation authority provided under subparagraph 7,b7 in a similar manner as the standard ,august redistribution4 7iii7 ,use of obligation authority ,a ,state may use obligation authority that it receives pursuant to this subparagraph in the same manner that it uses obligation authority that it receives as part of the standard ,august redistribution4 7#c7 ,distribution of funds ,amounts authorized to be appropriated for fiscal year #bjba under paragraph 7#a7 shall be distributed as follows3 7,a7 #ad1chd1fbi1gaj to the ,states4 7,b7 #afg1dha1had to ,tribes4 7,c7 #eb1djj1bea to ,puerto ,rico4 7,d7 #ac1ibi1aha to the territories4 7,e7 #abd1cfg1fhd to ,federal land management agencies4 7#d7 ,state funds 7,a7 ,distribution 7i7 ,in general ,amounts made available under paragraph 7#c77;,a7 shall be distributed among the ,states in the same ratio as total ,state apportionments under section #ajd7;c77#a7 of title #bc1 ,united ,states ,code1 in fiscal year #bjbj4 7ii7 ,suballocation 7,i7 ,in general ,amounts distributed among the ,states under clause 7i7 shall be suballocated within the ,state to areas described in subclause 7,,ii7 in the proportion that-- 7aa7 the total amount of funds suballocated to such areas of the ,state as described in such subclause for fiscal year #bjbj2 bears to 7bb7 the total amount of funds apportioned to the ,state for the ,federal-aid highway program under section #ajd of title #bc1 ,united ,states ,code1 for fiscal year #bjbj4 7,,ii7 ,areas described ,the areas described in this subclause are-- 7aa7 urbanized areas of the ,state with an urbanized area population of over #bjj1jjj2 7bb7 areas of the ,state other than urban areas with a population greater than #e1jjj2 and 7cc7 other areas of the ,state4 7,b7 ,treatment ,except as otherwise provided in this paragraph1 amounts made available under paragraph 7#c77;,a7 shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7,c7 ,use of funds ,amounts made available under paragraph 7#c77;,a7 may be obligated for-- 7i7 eligible projects described in section #acc7;b7 of title #bc1 ,united ,states ,code1 subject to section #acc7;c7 of such title2 and 7ii7 administrative expenses1 including salaries and benefits1 of-- 7,i7 the ,state department of transportation2 7,,ii7 a local transportation agency2 or 7,,iii7 a metropolitan planning organization4 7#e7 ,tribal funds 7,a7 ,treatment 7i7 ,in general ,except as otherwise provided in this paragraph1 amounts made available under paragraph 7#c77;,b7 shall be administered as if made available under section #bjb of title #bc1 ,united ,states ,code4 7ii7 ,nonapplicability of certain provisions of law ,subsections 7a77#f71 7c71 7d71 and 7e7 of section #bjb of title #bc1 ,united ,states ,code1 shall not apply to amounts made available under paragraph 7#c77;,b74 7,b7 ,use of funds ,amounts made available under paragraph 7#c77;,b7 may be obligated for-- 7i7 activities eligible under section #bjb7;a77#a7 of title #bc1 ,united ,states ,code2 and 7ii7 transportation-related administrative expenses1 including salaries and benefits1 of the ,tribe4 7#f7 ,funds for ,puerto ,rico and the territories 7,a7 ,treatment 7i7 ,in general ,except as otherwise provided in this paragraph1 amounts made available under paragraphs 7#c77;,c7 and 7#c77;,d7 shall be administered as if allocated under sections #afe7;b7 and #afe7;c71 respectively1 of title #bc1 ,united ,states ,code4 7ii7 ,nonapplicability of certain provisions of law ,section #afe7;b77#b7 of title #bc1 ,united ,states ,code1 shall not apply to amounts made available to ,puerto ,rico under paragraph 7#c77;,c74 7,b7 ,use of funds 7i7 ,puerto ,rico ,amounts made available to ,puerto ,rico under paragraph 7#c77;,c7 may be obligated for-- 7,i7 activities eligible under chapter #a of title #bc1 ,united ,states ,code2 and 7,,ii7 transportation related administrative expenses1 including salaries and benefits4 7ii7 ,territories ,amounts made available to a territory under paragraph 7#c77;,d7 may be obligated for-- 7,i7 activities eligible under section #afe7;c77#f7 of title #bc1 ,united ,states ,code1 subject to section #afe7;c77#g7 of such title2 and 7,,ii7 transportation-related administrative expenses1 including salaries and benefits4 7#g7 ,federal land management agency funds 7,a7 ,distribution ,amounts made available under paragraph 7#c77;,e7 shall be distributed among the ,federal land management agencies as follows3 7i7 #ii1did1adg for the ,national ,park ,service4 7ii7 #i1idi1dae for the ,united ,states ,fish and ,wildlife ,service4 7iii7 #f1cja1bif for the ,united ,states ,forest ,service4 7iv7 #h1fbb1hbf to be allocated to the applicable ,federal land management agencies as described in section #bjc7;b7 of title #bc1 ,united ,states ,code4 7,b7 ,treatment ,amounts made available under paragraph 7#c77;,e7 shall be administered as if made available under section #bjc of title #bc1 ,united ,states ,code4 7#h7 ,disadvantaged business enterprises ,section #aaja7;b7 of the ,,fast ,act 7,public ,law #aad-id7 shall apply to additional amounts made available under paragraph 7#a74 7b7 ,special rules for fiscal year #bjba 7#a7 ,suballocated amounts 7,a7 ,use of funds ,amounts authorized to be appropriated for fiscal year #bjba with respect to a program under section #aja7;a77#b77;,a7 that are suballocated pursuant to section #acc7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 may be obligated for-- 7i7 eligible projects as described in section #acc7;b7 of title #bc1 ,united ,states ,code2 or 7ii7 administrative expenses1 including salaries and benefits1 of-- 7,i7 a local transportation agency2 or 7,,ii7 a metropolitan planning organization4 7,b7 ,obligation authority 7i7 ,in general ,a ,state that is required to obligate in an urbanized area with an urbanized area population of over #bjj1jjj individuals under section #acc7;d7 of title #bc1 ,united ,states ,code1 funds apportioned to the ,state under section #ajd7;b77#b7 of such title shall make available during the period of fiscal years #bjaf through #bjba 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-- 7,i7 the aggregate amount of funds that the ,state is required to obligate in the area under section #acc7;d7 of title #bc1 ,united ,states ,code1 during the period2 and 7,,ii7 the ratio that-- 7aa7 the aggregate amount of obligation authority distributed to the ,state for ,federal-aid highways and highway safety construction programs during the period2 bears to 7bb7 the total of the sums apportioned to the ,state for ,federal-aid highways and highway safety construction programs 7excluding sums not subject to an obligation limitation7 during the period4 7ii7 ,joint responsibility ,each ,state1 each affected metropolitan planning organization1 and the ,secretary shall jointly ensure compliance with clause 7i74 7#b7 ,ferry boat program ,amounts authorized to be appropriated for fiscal year #bjba with respect to a program under section #aja7;a77#b77;,a7 that are made available for the construction of ferry boats and ferry terminal facilities under section #adg of title #bc1 ,united ,states ,code1 may be obligated-- 7,a7 in accordance with sections #abi7;c7 and #adg of title #bc1 ,united ,states ,code2 7,b7 for administrative expenses1 including salaries and benefits1 of a ferry boat operator or ferry terminal facility operator eligible for ,federal participation under section #abi7;c7 of title #bc1 ,united ,states ,code2 and 7,c7 for operating costs associated with a ferry boat or ferry terminal facility eligible for ,federal participation under section #abi7;c7 of title #bc1 ,united ,states ,code4 7#c7 ,nationally significant freight and highway projects ,in fiscal year #bjba1 the program carried out under section #aag of title #bc1 ,united ,states ,code1 shall1 in addition to any otherwise applicable requirements1 be subject to the following provisions3 7,a7 ,multimodal projects ,notwithstanding subsection 7d77#b77;,a7 of such section1 the limitation for projects described in such subsection shall be #fjj1jjj1jjj for fiscal years #bjaf through #bjba4 7,b7 ,additional considerations ,notwithstanding subsection 7h77#b7 of such section1 the ,secretary shall not consider the utilization of non-,federal contributions4 7,c7 ,evaluation and rating ,to evaluate applications for funding under such section1 the ,secretary shall-- 7i7 determine whether a project is eligible for a grant under such section2 7ii7 evaluate1 through a methodology that is discernible and transparent to the public1 how each application addresses the merit criteria established by the ,secretary2 7iii7 assign a quality rating for each merit criteria for each application based on the evaluation under clause 7ii72 7iv7 ensure that applications receive final consideration by the ,secretary to receive an award under such section only on the basis of such quality ratings and that the ,secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria2 and 7v7 award grants only to projects rated highly under the evaluation and rating process4 7,d7 ,publication and methodology ,in any published notice of funding opportunity for a grant under such section1 the ,secretary shall include detailed information on the rating methodology and merit criteria to be used to evaluate applications4 7,e7 ,repeat applications 7i7 ,briefing ,the ,secretary shall provide to each applicant that applied for1 but did not receive1 funding under such section in fiscal year #bjai or #bjbj1 at the request of the applicant1 the opportunity to receive a briefing to-- 7,i7 explain any reasons the application was not selected for funding2 and 7,,ii7 advise the applicant on how to improve the application for resubmission in fiscal year #bjba under the application criteria described in this paragraph4 7ii7 ,supplementary application 7,i7 ,in general ,an applicant for funding under such section may elect to resubmit an application from a previous solicitation with a supplementary appendix that describes how the proposed project meets the requirements of section #aag of title #bc1 ,united ,states ,code1 and this paragraph4 7,,ii7 ,requirements ,the ,secretary shall ensure that applications submitted under subclause 7,i71 including the supplementary appendix1 are evaluated based on such requirements4 7,f7 ,congressional notification ,a notification submitted pursuant to subsection 7m7 of such section shall include-- 7i7 a summary of each application submitted and1 at the request of either ,committee1 a copy of any application submitted2 7ii7 a list of any projects the ,secretary determined were not eligible for funding2 7iii7 a description of the specific criteria used for each evaluation1 including the quality rating assigned for each eligible application submitted2 7iv7 a list of all projects that advanced to the ,secretary for consideration2 and 7v7 a detailed justification of the basis for each award proposed to be selected4 7c7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#c7 and notwithstanding section #abj of title #bc1 ,united ,states ,code1 or any other provision of this division1 the ,federal share associated with funds described in paragraph 7#b7 that are obligated during fiscal year #bjba may be up to #ajj percent4 7#b7 ,funds described ,the funds described in this paragraph are funds made available for the implementation or execution of ,federal-aid highway and highway safety construction programs authorized under title #bc or #di1 ,united ,states ,code1 the ,,fast ,act 7,public ,law #aad-id71 or this division4 7#c7 ,exceptions ,paragraph 7#a7 shall not apply to amounts obligated under section #aae or #aag of title #bc1 ,united ,states ,code1 or chapter #f of such title4 7d7 ,administrative expenses 7#a7 ,self-certification and audit 7,a7 ,in general ,prior to the obligation of funds for administrative expenses pursuant to paragraph 7#d77;,c77ii71 7#e77;,b77ii71 7#f77;,b77i77,,ii71 or 7#f77;,b77ii77,,ii7 of subsection 7a7 or paragraphs 7#a77;,a77ii7 and 7#b77;,b7 of subsection 7b71 a ,state1 a ,tribe1 ,puerto ,rico1 or a territory1 as applicable1 shall certify to the ,secretary that such administrative expenses meet the requirements of such paragraphs1 as applicable4 7,b7 ,audit ,the ,secretary may conduct an audit to review obligations of funds and liquidation of such obligations for eligible administrative expenses described under subparagraph 7,a74 7#b7 ,planning ,notwithstanding any other provision of law1 administrative expenses described in paragraph 7#a77;,a7 shall not be required to be included in a metropolitan transportation plan1 a long-range statewide transportation plan1 a transportation improvement program1 or a statewide transportation improvement program under sections #acd or #ace of title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code1 as applicable4 7e7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,standard ,august redistribution ,the term standard ,august redistribution means the redistribution of obligation authority and amounts that the ,secretary is directed to administer under-- 7,a7 section #aajb7;d7 of the ,,fast ,act 7,public ,law #aad-id72 or 7,b7 any ,act making appropriations for the ,department of ,transportation for fiscal year #bjba4 7#b7 ,state ,the term ,state means the #ej ,states and the ,district of ,columbia4 7#c7 ,territory ,the term territory means any of the following territories of the ,united ,states3 7,a7 ,american ,samoa4 7,b7 ,the ,commonwealth of the ,northern ,mariana ,islands4 7,c7 ,guam4 7,d7 ,the ,united ,states ,virgin ,islands4 7#d7 ,urban area2 urbanized area ,the terms urban area and urbanized area have the meanings given such terms in section #aja of title #bc1 ,united ,states ,code4 #ajc4 ,federal ,transit ,administration 7a7 ,additional amounts 7#a7 ,authorization of appropriations from mass transit account 7,a7 ,in general ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,mass ,transit ,account for fiscal year #bjba1 for activities under this section1 #e1gid1hea1ech4 7,b7 ,apportionment ,amounts authorized under subparagraph 7,a7 shall be apportioned in accordance with section #ecaj1 section #ecaa 7other than subsections 7b77#c71 7c77#a77;,a71 and 7c77#b7 of such section71 section #eccf 7other than subsection 7h77#d7 of such section71 section #eccg1 and section #ecdj of title #di1 ,united ,states ,code1 except that funds apportioned under section #eccg of such title shall be added to funds apportioned under section #ecjg of such title for administration under section #ecjg of such title4 7,c7 ,allocation ,the ,secretary shall allocate the amounts authorized to be appropriated to sections #ecjg1 #ecaj1 #ecaa1 #eccg1 and #ecdj of title #di1 ,united ,states ,code1 among such sections in the same ratio as funds are provided in the fiscal year #bjbj appropriations4 7#b7 ,authorization of appropriations from general fund ,in addition to amounts authorized under section #aja7;a77#a77;,b71 there is authorized to be appropriated from the general fund of the ,treasury-- 7,a7 #ieh1jjj1jjj to carry out section #ecji of title #di1 ,united ,states ,code2 and 7,b7 such sums as may be necessary to be made available as described in subsection 7c7 and that such sums shall be designated by the ,congress as being for an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7#c7 ,disadvantaged business enterprises ,section #aaja7;b7 of the ,,fast ,act 7,public ,law #aad-id7 shall apply to additional amounts made available under this subsection4 7b7 ,special rules for fiscal year #bjba 7#a7 ,use of funds ,notwithstanding #ecjg7;a77#a7 of title #di1 ,united ,states ,code1 amounts made available under subsection 7a77#a77;,a7 may be obligated for-- 7,a7 operating expenses1 including1 beginning on ,january #bj1 #bjbj-- 7i7 reimbursement for operating costs to maintain service and offset lost revenue1 including the purchase of personal protective equipment2 and 7ii7 paying the administrative leave of operations personnel due to reductions in service2 and 7,b7 any other activity eligible under section #ecjg1 #ecaj1 #ecaa1 or #eccg of title #di1 ,united ,states ,code4 7#b7 ,conditions ,recipients use of funds under paragraph 7#a7 shall-- 7,a7 not require that operating expenses described in paragraph 7#a77;,a7 be included in a metropolitan transportation plan1 long-range statewide transportation plan1 a transportation improvement program1 or a statewide transportation improvement program2 7,b7 meet the requirements of section #eccc of title #di1 ,united ,states ,code2 and 7,c7 to the maximum extent possible1 be directed to payroll and public transit service1 unless the recipient certifies to the ,secretary that such recipient has not furloughed any employees4 7#c7 ,oversight 7,a7 ,of the amounts made available to carry out this section1 the percentages available for oversight in section #ecch7;f77#a7 of title #di1 ,united ,states ,code1 shall apply to the allocations of funds in subsection 7a77#a77;,c74 7,b7 ,use of funds ,amounts made available under subsection 7a77#a77;,a7 shall be available for administrative expenses and program management oversight as authorized under sections #eccd and #ecch7;f77#b7 of title #di1 ,united ,states ,code4 7#d7 ,administration of grants ,amounts made available under subsection 7a77#a77;,a7 shall be administered1 at the option of the recipient1 as grants provided under the ,,cares ,act 7,public ,law #aaf-acf7 are administered4 7c7 ,,cig ,,covid-#ai emergency relief program 7#a7 ,in general ,from amounts made available under subsection 7a77#b77;,b7 and notwithstanding section #ecji7k77#b77;,c77ii7 or section #ecji7l77#a77;,b77ii7 of title #di1 ,united ,states ,code1 at the request of a project sponsor1 the ,secretary shall use such sums as may be necessary to provide an additional #cj percent of total project costs for any project under-- 7,a7 #ecji7;d7 of title #di1 ,united ,states ,code1 that has been approved for advancement into the engineering phase2 7,b7 #ecji7;e7 of title #di1 ,united ,states ,code1 that has entered into the project development phase or approved for advancement into the engineering phase2 and 7,c7 subsection 7d7 or 7e7 of section #ecji of title #di1 ,united ,states ,code1 that has a full funding grant agreement entered into under either such subsection after ,january #a1 #bjag4 7#b7 ,project eligibility ,from amounts made available under subsection 7a77#b77;,b71 the ,secretary shall use such sums as may be necessary for projects under section #ecji of title #di1 ,united ,states ,code1 that-- 7,a7 are not eligible for funds made available under paragraph 7#a72 and 7,b7 have remaining scheduled ,federal funds to be appropriated under a full funding grant agreement under such section4 7#c7 ,deferred local share ,the ,secretary shall allow a project sponsor to defer payment of the local share for any project described in paragraphs 7#a7 and 7#b74 7#d7 ,total project cost ,in this subsection1 the term total project cost means the most recent total project cost stipulated in-- 7,a7 the full funding grant agreement2 7,b7 the approval into project engineering2 or 7,c7 the project rating for a project not yet approved into project engineering4 7d7 ,federal share 7#a7 ,in general ,notwithstanding chapter #ec of title #di1 ,united ,states ,code1 or any other provision of this division1 the ,federal share associated with funds described in paragraph 7#b7 that are obligated during fiscal year #bjba may be up to #ajj percent4 7#b7 ,funds described ,the funds described in this paragraph are funds made available for the implementation of transit programs authorized by chapter #ec of title #di1 ,united ,states ,code1 the ,,fast ,act 7,public ,law #aad-id71 or this division1 excluding funds made available to projects under section #ecji of title #di1 ,united ,states ,code4 7e7 ,condition for apportionment ,no funds authorized in this division or any other ,act may be used to adjust ,mass ,transit ,account apportionments or withhold funds from ,mass ,transit ,account apportionments pursuant to section #iejc7;e77#d7 of the ,internal ,revenue ,code of #aihf in fiscal year #bjba4 #ajd4 ,national ,highway ,traffic ,safety ,administration 7a7 ,special funding for fiscal year #bjba 7#a7 ,in general 7,a7 ,authorization of appropriations ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for activities under this subsection1 #bdd1ead1jjj4 7,b7 ,contract authority ,amounts authorized under subparagraph 7,a7 shall be available for obligation in the same manner as if such funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,distribution of funds ,amounts authorized to be appropriated for fiscal year #bjba under paragraph 7#a7 shall be distributed as follows3 7,a7 #aje1jjj1jjj for carrying out section #djb of title #bc1 ,united ,states ,code4 7,b7 #ae1cab1jjj for carrying out section #djc of title #bc1 ,united ,states ,code4 7,c7 #ai1bjb1jjj for carrying out section #djd of title #bc1 ,united ,states ,code4 7,d7 #aje1jjj1jjj for carrying out section #dje of title #bc1 ,united ,states ,code4 7b7 ,special rules for fiscal year #bjba 7#a7 ,federal share ,notwithstanding sections #abj1 #dje7;b77#b71 #dje7;c77#b71 #dje7;d77#b7 and #dje7;h77#b7 of title #bc1 ,united ,states ,code1 the ,federal share of activities for fiscal year #bjba carried out under chapter #d of title #bc1 ,united ,states ,code and section #aijf of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7 shall be #ajj percent4 7#b7 ,period of availability ,notwithstanding section #aah7;b7 of title #bc1 ,united ,states ,code1 funds apportioned or allocated to a ,state in fiscal years #bjag and #bjah under sections #djb and #dje of title #bc1 ,united ,states ,code1 and section #aijf of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note71 shall remain available for obligation in that ,state for a period of #d years after the last day of the fiscal year for which the funds are authorized4 7#c7 ,maintenance of effort ,notwithstanding section #dje7;a77#i7 of title #bc1 ,united ,states ,code1 the ,secretary may waive the maintenance of effort requirements under such section for fiscal year #bjba for a ,state1 if the ,secretary determines appropriate4 ,notwithstanding any other provision of law1 this paragraph shall apply as if such paragraph was enacted on ,september #cj1 #bjbj4 7#d7 ,in-vehicle alcohol detection device research ,in carrying out subsection 7h7 of section #djc of title #bc1 ,united ,states ,code1 the ,secretary may obligate from funds made available to carry out such section for fiscal year #bjba not more than #e1cab1jjj to conduct the research described in paragraph 7#a7 of such subsection4 7#e7 ,cooperative research and evaluation ,notwithstanding the apportionment formula set forth in section #djb7;c77#b7 of title #bc1 ,united ,states ,code1 and section #djc7;f77#a7 of title #bc1 ,united ,states ,code1 #b1ejj1jjj of the total amount available for apportionment to the ,states for highway safety programs under section #djb7;c77#b7 of title #bc1 ,united ,states ,code1 for each of fiscal years #bjaf through #bjba1 shall be available for expenditure by the ,secretary1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures4 ,this paragraph shall apply as if such paragraph was enacted on ,october #a1 #bjae4 #aje4 ,federal ,motor ,carrier ,safety ,administration 7a7 ,special funding for fiscal year #bjba 7#a7 ,authorization of appropriations ,in addition to amounts authorized under section #aja1 there is authorized to be appropriated from the ,highway ,account for fiscal year #bjba1 for activities under this subsection1 #bji1ijj1jjj4 7#b7 ,distribution of funds ,amounts authorized to be appropriated for fiscal year #bjba under paragraph 7#a7 shall be distributed as follows3 7,a7 ,subject to section #caajd7;c7 of title #di1 ,united ,states ,code-- 7i7 #hj1eab1jjj for carrying out section #caajb 7except subsection 7l77 of title #di1 ,united ,states ,code72 7ii7 #ad1bjh1jjj for carrying out section #caajb7l7 of title #di1 ,united ,states ,code2 and 7iii7 #bc1fhj1jjj for carrying out section #cacac of title #di1 ,united ,states ,code4 7,b7 #ia1ejj1jjj for carrying out section #caaaj of title #di1 ,united ,states ,code4 7#c7 ,treatment of funds ,except as provided in subsection 7b71 amounts made available under this section shall be made available for obligation and administered as if made available under chapter #caa of title #di1 ,united ,states ,code4 7b7 ,special rules for fiscal year #bjba 7#a7 ,financial assistance agreements ,federal share ,notwithstanding chapter #caa of title #di1 ,united ,states ,code1 or any regulations adopted pursuant to such chapter1 for the duration of fiscal year #bjba with respect to all financial assistance made available under subsection 7a7 and section #aja1 the ,secretary of ,transportation may-- 7,a7 reimburse recipients under section #caajd7;b77#b7 of title #di1 ,united ,states ,code1 in an amount that is #ajj percent of the costs described in such section2 and 7,b7 waive the maintenance of effort requirement under #caajb7;f7 of title #di1 ,united ,states ,code1 for all ,states without requiring ,states to request a waiver4 7#b7 ,financial assistance agreements period of availability ,notwithstanding section #caajd7;f7 of title #di1 ,united ,states ,code1 the ,secretary shall extend the periods of availability described in such section by #a year4 7#c7 ,administrative expenses ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall ensure that funds made available under subsection 7a77#b77;,b7 are used1 to the maximum extent practicable1 to support-- 7,a7 the acceleration of planned investments to modernize the ,administration's information technology and information management systems2 7,b7 the completion of outstanding statutory mandates required by ,,map-#ba 7#aab-ada7 and the ,,fast ,act 7#aad-id72 and 7,c7 a ,large ,truck ,crash ,causal ,factors ,study of the ,administration4 #ajf4 ,definitions ,in this division1 the following definitions apply3 7#a7 ,highway ,account ,the term ,highway ,account means the portion of the ,highway ,trust ,fund that is not the ,mass ,transit ,account4 7#b7 ,mass ,transit ,account ,the term ,mass ,transit ,account means the portion of the ,highway ,trust ,fund established under section #iejc7;e77#a7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 ,b ,surface ,transportation #ajja4 ,applicability of division 7a7 ,applicability ,this division1 including the amendments made by this division1 applies beginning on ,october #a1 #bjba4 7b7 ,reference to date of enactment ,in this division and the amendments made by this division1 any reference to-- 7#a7 the date of enactment of this ,act2 7#b7 the date of enactment of a provision of this division2 7#c7 the date of enactment of a provision added to law by an amendment made by this division2 or 7#d7 the date of enactment of the ,,invest in ,america ,act added to law by an amendment made by this division1 shall be treated as a reference to ,october #a1 #bjba4 ,i ,federal-,aid ,highways ,a ,authorizations and ,program ,conditions #aaja4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,federal-aid highway program ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the pre-disaster mitigation program under section #abd of such title1 the railway crossings program under section #acj of such title1 the surface transportation program under section #acc of such title1 the highway safety improvement program under section #adh of such title1 the congestion mitigation and air quality improvement program under section #adi of such title1 the national highway freight program under section #afg of such title1 the carbon pollution reduction program under section #aga of such title1 and metropolitan planning under section #acd of such title-- 7,a7 #ee1jbb1jdh1dbi for fiscal year #bjbb2 7,b7 #ee1ihj1fdf1ggf for fiscal year #bjbc2 7,c7 #eg1jie1cei1gab for fiscal year #bjbd2 and 7,d7 #eh1aah1fff1ahf for fiscal year #bjbe4 7#b7 ,transportation infrastructure finance and innovation program ,for credit assistance under the transportation infrastructure finance and innovation program under chapter #f of title #bc1 ,united ,states ,code1 #cjj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#c7 ,construction of ferry boats and ferry terminal facilities ,for construction of ferry boats and ferry terminal facilities under section #adg of title #bc1 ,united ,states ,code1 #abj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#d7 ,federal lands and tribal transportation programs 7,a7 ,tribal transportation program ,for the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code1 #hjj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,b7 ,federal lands transportation program 7i7 ,in general ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code1 #eej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7ii7 ,allocation ,of the amount made available for a fiscal year under clause 7i7-- 7,i7 the amount for the ,national ,park ,service is #djj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,,ii7 the amount for the ,united ,states ,fish and ,wildlife ,service is #ej1jjj1jjj for each of fiscal years #bjbb through #bjbe2 and 7,,iii7 the amount for the ,united ,states ,forest ,service is #ej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,c7 ,federal lands access program ,for the ,federal lands access program under section #bjd of title #bc1 ,united ,states ,code1 #cde1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,d7 ,federal lands and tribal major projects grants ,to carry out section #bjh of title #bc1 ,united ,states ,code1 #djj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#e7 ,territorial and ,puerto ,rico highway program ,for the territorial and ,puerto ,rico highway program under section #afe of title #bc1 ,united ,states ,code1 #caj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#f7 ,projects of national and regional significance ,for projects of national and regional significance under section #aag of title #bc1 ,united ,states ,code-- 7,a7 #b1bjj1jjj1jjj for fiscal year #bjbb2 7,b7 #b1bjj1jjj1jjj for fiscal year #bjbc2 7,c7 #b1cjj1jjj1jjj for fiscal year #bjbd2 and 7,d7 #b1cej1jjj1jjj for fiscal year #bjbe4 7#g7 ,community transportation investment grants ,to carry out section #agc of title #bc1 ,united ,states ,code1 #fjj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#h7 ,electric vehicle charging and hydrogen fueling infrastructure grants ,to carry out section #aea7;f7 of title #bc1 ,united ,states ,code1 #cej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#i7 ,community climate innovation grants ,to carry out section #agb of title #bc1 ,united ,states ,code1 #bej1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7b7 ,additional programs 7#a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7,a7 ,gridlock reduction grant program ,to carry out section #acjf of this ,act1 #bej1jjj1jjj for fiscal year #bjbb4 7,b7 ,rebuild rural grant program ,to carry out section #acjg of this ,act1 #bej1jjj1jjj for fiscal year #bjbb4 7,c7 ,parking for commercial motor vehicles ,to carry out section #acjh of this ,act1 #bej1jjj1jjj for fiscal year #bjbc4 7,d7 ,active transportation connectivity grant program ,to carry out section #acji of this ,act1 #bej1jjj1jjj for fiscal year #bjbd4 7,e7 ,metro performance program ,to carry out section #acje of this ,act1 #bej1jjj1jjj for each of fiscal years #bjbc through #bjbe4 7#b7 ,treatment of funds ,amounts made available under subparagraphs 7,b7 through 7,d7 shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code4 7c7 ,disadvantaged business enterprises 7#a7 ,findings ,congress finds that-- 7,a7 while significant progress has occurred due to the establishment of the disadvantaged business enterprise program1 discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally assisted surface transportation markets across the ,united ,states2 7,b7 the continuing barriers described in subparagraph 7,a7 merit the continuation of the disadvantaged business enterprise program2 7,c7 ,congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources1 including congressional hearings and roundtables1 scientific reports1 reports issued by public and private agencies1 news stories1 reports of discrimination by organizations and individuals1 and discrimination lawsuits1 which show that race- and gender-neutral efforts alone are insufficient to address the problem2 7,d7 the testimony and documentation described in subparagraph 7,c7 demonstrate that discrimination across the ,united ,states poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets2 and 7,e7 the testimony and documentation described in subparagraph 7,c7 provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business4 7#b7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,small business concern 7i7 ,in general ,the term small business concern means a small business concern 7as the term is used in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7ii7 ,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 #c fiscal years in excess of #bf1bij1jjj1 as adjusted annually by the ,secretary of ,transportation for inflation4 7,b7 ,socially and economically disadvantaged individuals ,the term socially and economically disadvantaged individuals has the meaning given the term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection4 7#c7 ,amounts for small business concerns ,except to the extent that the ,secretary of ,transportation determines otherwise1 not less than #aj percent of the amounts made available for any program under titles ,i1 ,,ii1 ,v1 and ,,vii of this division and section #djc of title #bc1 ,united ,states ,code1 shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals4 7#d7 ,annual listing of disadvantaged business enterprises ,each ,state shall annually-- 7,a7 survey and compile a list of the small business concerns referred to in paragraph 7#c7 in the ,state1 including the location of the small business concerns in the ,state2 and 7,b7 notify the ,secretary1 in writing1 of the percentage of the small business concerns that are controlled by-- 7i7 women2 7ii7 socially and economically disadvantaged individuals 7other than women72 and 7iii7 individuals who are women and are otherwise socially and economically disadvantaged individuals4 7#e7 ,uniform certification 7,a7 ,in general ,the ,secretary of ,transportation shall establish minimum uniform criteria for use by ,state governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection4 7,b7 ,inclusions ,the minimum uniform criteria established under subparagraph 7,a7 shall include1 with respect to a potential small business concern-- 7i7 on-site visits2 7ii7 personal interviews with personnel2 7iii7 issuance or inspection of licenses2 7iv7 analyses of stock ownership2 7v7 listings of equipment2 7vi7 analyses of bonding capacity2 7vii7 listings of work completed2 7viii7 examination of the resumes of principal owners2 7ix7 analyses of financial capacity2 and 7x7 analyses of the type of work preferred4 7#f7 ,reporting ,the ,secretary of ,transportation shall establish minimum requirements for use by ,state governments in reporting to the ,secretary-- 7,a7 information concerning disadvantaged business enterprise awards1 commitments1 and achievements2 and 7,b7 such other information as the ,secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program4 7#g7 ,compliance with court orders ,nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles ,i1 ,,ii1 ,v1 and ,,vii of this division and section #djc of title #bc1 ,united ,states ,code1 if the entity or person is prevented1 in whole or in part1 from complying with paragraph 7#c7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#c7 is unconstitutional4 7#h7 ,sense of ,congress on prompt payment of ,,dbe subcontractors ,it is the sense of ,congress that-- 7,a7 the ,secretary of ,transportation should take additional steps to ensure that recipients comply with section #bf4bi of title #di1 ,code of ,federal ,regulations 7the disadvantaged business enterprises prompt payment rule71 or any corresponding regulation1 in awarding federally funded transportation contracts under laws and regulations administered by the ,secretary2 and 7,b7 such additional steps should include increasing the ,department of ,transportation's ability to track and keep records of complaints and to make that information publicly available4 #aajb4 ,obligation limitation 7a7 ,general limitation ,subject to subsection 7e71 and notwithstanding any other provision of law1 the obligations for ,federal-aid highway and highway safety construction programs shall not exceed-- 7#a7 #fb1jei1cej1ied for fiscal year #bjbb2 7#b7 #fc1jba1ced1ggf for fiscal year #bjbc2 7#c7 #fd1bdf1ddc1gab for fiscal year #bjbd2 and 7#d7 #fe1jhj1abe1ahf for fiscal year #bjbe4 7b7 ,exceptions ,the limitations under subsection 7a7 shall not apply to obligations under or for-- 7#a7 section #abe of title #bc1 ,united ,states ,code2 7#b7 section #adg of the ,surface ,transportation ,assistance ,act of #aigh 7#bc ,u4,s4,c4 #add note2 #ib ,stat4 #bgad72 7#c7 section #i of the ,federal-,aid ,highway ,act of #aiha 7#ie ,stat4 #agja72 7#d7 subsections 7b7 and 7j7 of section #aca of the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #baai72 7#e7 subsections 7b7 and 7c7 of section #adi of the ,surface ,transportation and ,uniform ,relocation ,assistance ,act of #aihg 7#aja ,stat4 #aih72 7#f7 sections #aajc through #aajh of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj72 7#g7 section #aeg of title #bc1 ,united ,states ,code 7as in effect on ,june #h1 #aiih72 7#h7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #aiih through #bjjd1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#i7 ,federal-aid highway programs for which obligation authority was made available under the ,transportation ,equity ,act for the #bast ,century 7#aab ,stat4 #ajg7 or subsequent ,acts for multiple years or to remain available until expended1 but only to the extent that the obligation authority has not lapsed or been used2 7#aj7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjje through #bjab1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#aa7 section #afjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aah note2 #aai ,stat4 #abdh71 to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation2 7#ab7 section #aai of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjac through #bjae1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#ac7 section #aai of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjaf through #bjba1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#ad7 section #bjc of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjbb through #bjbe1 only in an amount equal to #eej1jjj1jjj for each of those fiscal years72 and 7#ae7 section #acc7;d77#a77;,b7 of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjbb through #bjbe1 only in an amount equal to #hi1jjj1jjj for each of those fiscal years74 7c7 ,distribution of obligation authority ,subject to paragraph 7#a77;,b71 for each of fiscal years #bjbb through #bjbe1 the ,secretary of ,transportation-- 7#a7 7,a7 shall not distribute obligation authority provided by subsection 7a7 for the fiscal year for-- 7i7 amounts authorized for administrative expenses and programs by section #ajd7;a7 of title #bc1 ,united ,states ,code2 7ii7 amounts authorized for the ,bureau of ,transportation ,statistics2 7iii7 amounts authorized for the tribal transportation program by section under section #bjb of title #bc1 ,united ,states ,code2 and 7iv7 amounts authorized for the territorial and ,puerto ,rico highway program under section #afe7;a7 of title #bc1 ,united ,states ,code2 and 7,b7 for each of fiscal years #bjbc through #bjbe1 in addition to the amounts described in subparagraph 7,a71 shall not distribute obligation authority provided by subsection 7a7 for the fiscal year for amounts authorized for the metro performance program under section #acje of this ,act2 7#b7 shall not distribute an amount of obligation authority provided by subsection 7a7 that is equal to the unobligated balance of amounts-- 7,a7 made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for ,federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the ,secretary 7or apportioned by the ,secretary under section #bjb or #bjd of title #bc1 ,united ,states ,code72 and 7,b7 for which obligation authority was provided in a previous fiscal year2 7#c7 shall determine the proportion that-- 7,a7 the obligation authority provided by subsection 7a7 for the fiscal year1 less the aggregate of amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 bears to 7,b7 the total of-- 7i7 the sums authorized to be appropriated for the ,federal-aid highway and highway safety construction programs1 other than sums authorized to be appropriated for-- 7,i7 provisions of law described in paragraphs 7#a7 through 7#ac7 of subsection 7b72 7,,ii7 section #bjc of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ad7 for the fiscal year2 and 7,,iii7 section #acc7;d77#a77;,b7 of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ae7 for the fiscal year2 less 7ii7 the aggregate of the amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 7#d7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b71 for each of the programs 7other than programs to which paragraph 7#a7 applies7 that are allocated by the ,secretary under this ,act and title #bc1 ,united ,states ,code1 or apportioned by the ,secretary under sections #bjb or #bjd of such title1 by multiplying-- 7,a7 the proportion determined under paragraph 7#c72 by 7,b7 the amounts authorized to be appropriated for each such program for the fiscal year2 and 7#e7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b7 and the amounts distributed under paragraph 7#d71 for ,federal-aid highway and highway safety construction programs that are apportioned by the ,secretary under title #bc1 ,united ,states ,code 7other than the amounts apportioned for the surface transportation program in section #acc7;d77#a77;,b7 of title #bc1 ,united ,states ,code1 that are exempt from the limitation under subsection 7b77#ae7 and the amounts apportioned under sections #bjb and #bjd of such title7 in the proportion that-- 7,a7 amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to each ,state for the fiscal year2 bears to 7,b7 the total of the amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to all ,states for the fiscal year4 7d7 ,redistribution of unused obligation authority ,notwithstanding subsection 7c71 the ,secretary of ,transportation shall1 after ,august #a of each of fiscal years #bjbb through #bjbe-- 7#a7 revise a distribution of the obligation authority made available under subsection 7c7 if an amount distributed cannot be obligated during that fiscal year2 and 7#b7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under section #ajd of title #bc1 ,united ,states ,code4 7e7 ,special limitation 7#a7 ,in general ,except as provided in paragraph 7#b71 obligation limitations imposed by subsection 7a7 shall apply to contract authority for-- 7,a7 transportation research programs carried out under chapter #e of title #bc1 ,united ,states ,code1 and title ,v of this ,act2 and 7,b7 the metro performance program under section #acje of this ,act4 7#b7 ,exception ,obligation authority made available under paragraph 7#a7 shall-- 7,a7 remain available for a period of #d fiscal years2 and 7,b7 be in addition to the amount of any limitation imposed on obligations for ,federal-aid highway and highway safety construction programs for future fiscal years4 7f7 ,lop-,off 7#a7 ,in general ,not later than #cj days after the date of distribution of obligation authority under subsection 7c7 for each of fiscal years #bjbb through #bjbe1 the ,secretary of ,transportation shall distribute to the ,states any funds that-- 7,a7 are authorized to be appropriated for the fiscal year for ,federal-aid highway programs2 and 7,b7 the ,secretary determines will not be allocated to the ,states 7or will not be apportioned to the ,states under section #bjd of title #bc1 ,united ,states ,code71 and will not be available for obligation1 for the fiscal year because of the imposition of any obligation limitation for the fiscal year4 7#b7 ,ratio ,funds shall be distributed under paragraph 7#a7 in the same proportion as the distribution of obligation authority under subsection 7c77#e74 7#c7 ,availability ,funds distributed to each ,state under paragraph 7#a7 shall be available for any purpose described in section #acc7;b7 of title #bc1 ,united ,states ,code4 #aajc4 ,definitions and declaration of policy ,section #aja of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 7#bh71 7#bi71 7#cj71 7#ca71 7#cb71 7#cc71 and 7#cd7 as paragraphs 7#b71 7#c71 7#d71 7#f71 7#h71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bc71 7#bd71 7#be71 7#bf71 7#bh71 7#bi71 7#cb71 7#cc71 7#cd71 7#ce71 7#cf71 7#cg71 7#ch71 7#dj71 7#da71 7#db71 7#dc71 and 7#dd71 respectively2 7,b7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 ,adaptation ,the term adaptation means an adjustment in natural or human systems in anticipation of1 or in response to1 a changing environment in a way that moderates negative effects of extreme events or climate change4 2 7,c7 by inserting after paragraph 7#d71 as so redesignated1 the following3 7#e7 ,climate change ,the term climate change means any significant change in the measures of climate lasting for an extended period of time1 and may include major changes in temperature1 precipitation1 wind patterns1 or sea level1 among others1 that occur over several decades or longer4 2 7,d7 paragraph 7#f77;,a71 as so redesignated1 by inserting assessing resilience1 after surveying12 7,e7 by inserting after paragraph 7#f71 as so redesignated1 the following3 7#g7 ,context sensitive design principle ,the term context sensitive design principle means a principle for the design of a public road that-- 7,a7 provides for the safe and adequate accommodation1 in all phases of project planning1 design1 and development1 of users of the transportation facility1 including pedestrians1 bicyclists1 public transportation users1 children1 older individuals1 individuals with disabilities1 motorists1 and freight vehicles2 and 7,b7 considers the context in which the facility is planned to be constructed to determine the appropriate facility design4 2 7,f7 by inserting after paragraph 7#h71 as so redesignated1 the following3 7#i7 ,evacuation route ,the term evacuation route means a transportation route or system that-- 7,a7 is used to transport-- 7i7 the public away from an emergency event2 or 7ii7 first responders and recovery resources in the event of an emergency2 and 7,b7 is identified1 consistent with sections #acd7;i77#b77;,i77iii7 and #ace7;f77#aj77;,c77iii71 by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph 7,a74 2 7,g7 by inserting after paragraph 7#ad71 as so redesignated1 the following3 7#ae7 ,greenhouse gas ,the term greenhouse gas has the meaning given the term in section #baa7o77#a77;,g7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #ba #gede7o77#a77;,g774 2 7,h7 by inserting after paragraph 7#ba71 as so redesignated1 the following3 7#bb7 ,natural infrastructure 7,a7 ,in general ,the term natural infrastructure means infrastructure that uses1 restores1 or emulates natural ecological processes that-- 7i7 is created through the action of natural physical1 geological1 biological1 and chemical processes over time2 7ii7 is created by human design1 engineering1 and construction to emulate or act in concert with natural processes2 or 7iii7 involves the use of plants1 soils1 and other natural features1 including through the creation1 restoration1 or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff1 to attenuate flooding and storm surges1 and for other related purposes4 7,b7 ,inclusion ,the term natural infrastructure includes green infrastructure and nature-based solutions4 2 7,i7 by inserting after paragraph 7#bf71 as so redesignated1 the following3 7#bg7 ,protective feature 7,a7 ,in general ,the term protective feature means an improvement to a highway or bridge designed to increase resilience or mitigate the risk of recurring damage or the cost of future repairs from climate change effects1 extreme events1 seismic activity1 or any other natural disaster4 7,b7 ,inclusions ,the term protective feature includes-- 7i7 raising roadway grades2 7ii7 relocating roadways to higher ground above projected flood elevation levels or away from slide prone areas2 7iii7 stabilizing slide areas2 7iv7 stabilizing slopes2 7v7 lengthening or raising bridges to increase waterway openings2 7vi7 increasing the size or number of drainage structures2 7vii7 replacing culverts with bridges or upsizing culverts2 7viii7 installing seismic retrofits on bridges2 7iv7 adding scour protection at bridges2 7x7 scour1 stream stability1 coastal1 and other hydraulic countermeasures2 and 7xi7 the use of natural infrastructure4 2 7,j7 by inserting after paragraph 7#bi71 as so redesignated1 the following3 7#cj7 ,repeatedly damaged facility ,the term repeatedly damaged facility means a road1 highway1 or bridge that has required repair and reconstruction activities on #b or more occasions due to natural disasters or catastrophic failures resulting in emergencies declared by the ,governor of the ,state in which the road1 highway1 or bridge is located or emergencies or major disasters declared by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq474 7#ca7 ,resilience 7,a7 ,in general ,the term resilience means1 with respect to a facility1 the ability to-- 7i7 anticipate1 prepare for1 or adapt to conditions2 or 7ii7 withstand1 respond to1 or recover rapidly from disruptions4 7,b7 ,inclusions ,such term includes1 with respect to a facility1 the ability to-- 7i7 resist hazards or withstand impacts from disruptions2 7ii7 reduce the magnitude1 duration1 or impact of a disruption2 or 7iii7 have the absorptive capacity1 adaptive capacity1 and recoverability to decrease vulnerability to a disruption4 2 and 7,k7 by inserting after paragraph 7#ch71 as so redesignated1 the following3 7#ci7 ,transportation system access ,the term transportation system access means the ability to travel by automobile1 public transportation1 pedestrian1 and bicycle networks1 measured by travel time1 taking into consideration-- 7,a7 the impacts of the level of travel stress for active travel2 and 7,b7 costs for low-income travelers4 2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7 by striking ,defense1 and inserting ,defense ,highways12 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by striking ,century and inserting century2 7ii7 in subparagraph 7,g7 by striking 2 and and inserting a semicolon2 7iii7 in subparagraph 7,h7 by striking ,century4 and inserting century22 and 7iv7 by adding at the end the following3 7,i7 safety is the highest priority of the ,department of ,transportation1 and the ,secretary and ,states should take all actions necessary to meet the transportation needs of the #bast century for all road users2 7,j7 climate change presents a significant risk to safety1 the economy1 and national security1 and reducing the contributions of the transportation system to the ,nation's total carbon pollution is critical2 and 7,k7 the ,secretary and ,states should take appropriate measures and ensure investments to increase the resilience of the ,nation's transportation system4 2 and 7,c7 in paragraph 7#d77;,a7 by inserting while ensuring that environmental protections are maintained after review process4 #aajd4 ,apportionment 7a7 ,in general ,section #ajd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7 by striking subparagraphs 7,a7 through 7,e7 and inserting the following2 7,a7 #ejf1cjb1ebe for fiscal year #bjbb2 7,b7 #eji1gjh1jjj for fiscal year #bjbc2 7,c7 #ebj1jhd1jjj for fiscal year #bjbd2 and 7,d7 #ecj1dei1jjj for fiscal year #bjbe4 2 7#b7 by striking subsections 7b7 and 7c7 and inserting the following3 7b7 ,division among programs of ,state's share of apportionment ,the ,secretary shall distribute the amount apportioned to a ,state for a fiscal year under subsection 7c7 among the covered programs as follows3 7#a7 ,national highway performance program ,for the national highway performance program1 #ee4ji percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#b7 ,surface transportation program ,for the surface transportation program1 #bh4dc percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#c7 ,highway safety improvement program ,for the highway safety improvement program1 #f4ai percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#d7 ,congestion mitigation and air quality improvement program 7,a7 ,in general ,for the congestion mitigation and air quality improvement program1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for the congestion mitigation and air quality improvement program for all ,states shall be-- 7i7 #b1iac1ibe1hcc for fiscal year #bjbb2 7ii7 #b1ifd1iai1ece for fiscal year #bjbc2 7iii7 #c1jbd1bag1ibf for fiscal year #bjbd2 and 7iv7 #c1jgh1fec1hdi for fiscal year #bjbe4 7,c7 ,state share ,for each fiscal year1 the ,secretary shall distribute among the ,states the amount for the congestion mitigation and air quality improvement program under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the amount apportioned to the ,state for the congestion mitigation and air quality improvement program for fiscal year #bjbj2 bears to 7ii7 the total amount of funds apportioned to all ,states for such program for fiscal year #bjbj4 7#e7 ,national highway freight program ,for the national highway freight program1 #c4ch percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#f7 ,metropolitan planning 7,a7 ,in general ,for metropolitan planning1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for metropolitan planning for all ,states shall be-- 7i7 #ejg1ejj1jjj for fiscal year #bjbb2 7ii7 #eaf1cha1bej for fiscal year #bjbc2 7iii7 #ebf1gjh1hge for fiscal year #bjbd2 and 7iv7 #ecf1ahi1fce for fiscal year #bjbe4 7,c7 ,state share ,for each fiscal year1 the ,secretary shall distribute among the ,states the amount for metropolitan planning under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the amount apportioned to the ,state for metropolitan planning for fiscal year #bjbj2 bears to 7ii7 the total amount of funds apportioned to all ,states for metropolitan planning for fiscal year #bjbj4 7#g7 ,railway crossings 7,a7 ,in general ,for the railway crossings program1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for the railway crossings program for all ,states shall be #bde1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7,c7 ,state share 7i7 ,in general ,for each fiscal year1 the ,secretary shall distribute among the ,states the amount for the railway crossings program under subparagraph 7,b7 as follows3 7,i7 #ej percent of the amount for a fiscal year shall be apportioned to ,states by the formula set forth in section #ajd7;b77#c77;,a7 7as in effect on the day before the date of enactment of ,,map-#ba74 7,,ii7 #ej percent of the amount for a fiscal year shall be apportioned to ,states in the ratio that total public railway-highway crossings in each ,state bears to the total of such crossings in all ,states4 7ii7 ,minimum apportionment ,notwithstanding clause 7i71 for each fiscal year1 each ,state shall receive a minimum of one-half of #a percent of the total amount for the railway crossings program for such fiscal year under subparagraph 7,b74 7#h7 ,pre-disaster mitigation program ,for the pre-disaster mitigation program1 #b4if percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7#i7 ,carbon pollution reduction program ,for the carbon pollution reduction program1 #c4ie percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#f71 and 7#g74 7c7 ,calculation of amounts 7#a7 ,state share ,for each of fiscal years #bjbb through #bjbe1 the amount for each ,state shall be determined as follows3 7,a7 ,initial amounts ,the initial amounts for each ,state shall be determined by multiplying-- 7i7 the combined amount authorized for appropriation for the fiscal year for the covered programs2 by 7ii7 the share for each ,state1 which shall be equal to the proportion that-- 7,i7 the amount of apportionments that the ,state received for fiscal year #bjbj2 bears to 7,,ii7 the amount of those apportionments received by all ,states for fiscal year #bjbj4 7,b7 ,adjustments to amounts ,the initial amounts resulting from the calculation under subparagraph 7,a7 shall be adjusted to ensure that each ,state receives an aggregate apportionment equal to at least #ie percent of the estimated tax payments attributable to highway users in the ,state paid into the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 in the most recent fiscal year for which data are available4 7#b7 ,state apportionment ,on ,october #a of fiscal years #bjbb through #bjbe1 the ,secretary shall apportion the sums authorized to be appropriated for expenditure on the covered programs in accordance with paragraph 7#a74 2 7#c7 in subsection 7d77#a77;,a7-- 7,a7 in clause 7i7 by striking paragraphs 7#e77;,d7 and 7#f7 of subsection 7b7 and inserting subsection 7b77#f72 and 7,b7 in clause 7ii7 by striking paragraphs 7#e77;,d7 and 7#f7 of subsection 7b7 and inserting subsection 7b77#f72 and 7#d7 by striking subsections 7h7 and 7i7 and inserting the following3 7h7 ,definition of covered programs ,in this section1 the term covered programs means-- 7#a7 the national highway performance program under section #aai2 7#b7 the surface transportation program under section #acc2 7#c7 the highway safety improvement program under section #adh2 7#d7 the congestion mitigation and air quality improvement program under section #adi2 7#e7 the national highway freight program under section #afg2 7#f7 metropolitan planning under section #acd2 7#g7 the railway crossings program under section #acj7;e72 7#h7 the predisaster mitigation program under section #abd2 and 7#i7 the carbon pollution reduction program under section #aga4 4 7b7 ,federal share payable ,section #abj7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by striking 7#e77;,d712 and 7#b7 in subparagraph 7,c77i7 by striking 7#e77;,d74 7c7 ,metropolitan transportation planning2 title #bc ,section #acd7p7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 and inserting section #ajd7;b77#f74 7d7 ,statewide and nonmetropolitan transportation planning ,section #ace7;i7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 and inserting section #ajd7;b77#f74 7e7 ,metropolitan transportation planning2 title #di ,section #ecjc7p7 of title #di1 ,united ,states ,code1 is amended by striking section #ajd7;b77#e7 and inserting section #ajd7;b77#f74 #aaje4 ,additional deposits into ,highway ,trust ,fund ,section #aje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a7 by striking to be appropriated each place it appears2 and 7,b7 by adding at the end the following3 7#d7 ,special rule 7,a7 ,adjustment ,in making an adjustment under paragraph 7#a7 for an allocation1 reservation1 or set-aside from an amount authorized from the ,highway ,account or ,mass ,transit ,account described in subparagraph 7,b71 the ,secretary shall-- 7i7 determine the ratio that-- 7,i7 the amount authorized to be appropriated for the allocation1 reservation1 or set-aside from the account for the fiscal year2 bears to 7,,ii7 the total amount authorized to be appropriated for such fiscal year for all programs under such account2 7ii7 multiply the ratio determined under clause 7i7 by the amount of the adjustment determined under subsection 7b77#a77;,b72 and 7iii7 adjust the amount that the ,secretary would have allocated for the allocation1 reservation1 or set-aside for such fiscal year but for this section by the amount calculated under clause 7ii74 7,b7 ,allocations1 reservations1 and set-asides ,the allocations1 reservations1 and set-asides described in this subparagraph are-- 7i7 from the amount made available for a fiscal year for the ,federal lands transportation program under section #bjc1 the amounts allocated for a fiscal year for the ,national ,park ,service1 the ,united ,states ,fish and ,wildlife ,service1 and the ,united ,states ,forest ,service2 7ii7 the amount made available for the ,puerto ,rico highway program under section #afe7;a77#a72 and 7iii7 the amount made available for the territorial highway program under section #afe7;a77#b74 2 7#b7 in subsection 7e7-- 7,a7 by striking ,there is authorized and inserting ,for fiscal year #bjbb and each fiscal year thereafter1 there is authorized2 and 7,b7 by striking for any of fiscal years #bjag through #bjbj2 and 7#c7 in subsection 7f77#a7 by striking section #aajb or #cjah of the ,,fast ,act and inserting any other provision of law4 #aajf4 ,transparency 7a7 ,apportionment ,section #ajd of title #bc1 ,united ,states ,code1 is amended by striking subsection 7g7 and inserting the following3 7g7 ,highway ,trust ,fund transparency and accountability reports 7#a7 ,requirement 7,a7 ,in general ,the ,secretary shall compile data in accordance with this subsection on the use of ,federal-aid highway funds made available under this title4 7,b7 ,user friendly data ,the data compiled under subparagraph 7,a7 shall be in a user friendly format that can be searched1 downloaded1 disaggregated1 and filtered by data category4 7#b7 ,project data 7,a7 ,in general ,not later than #abj days after the end of each fiscal year1 the ,secretary shall make available on the website of the ,department of ,transportation a report that describes-- 7i7 the location of each active project within each ,state during such fiscal year1 including in which congressional district or districts such project is located2 7ii7 the total cost of such project2 7iii7 the amount of ,federal funding obligated for such project2 7iv7 the program or programs from which ,federal funds have been obligated for such project2 7v7 whether such project is located in an area of the ,state with a population of-- 7,i7 less than #e1jjj individuals2 7,,ii7 #e1jjj or more individuals but less than #ej1jjj individuals2 7,,iii7 #ej1jjj or more individuals but less than #bjj1jjj individuals2 or 7,,iv7 #bjj1jjj or more individuals2 7vi7 the type of improvement being made by such project1 including categorizing such project as-- 7,i7 a road reconstruction project2 7,,ii7 a new road construction project2 7,,iii7 a new bridge construction project2 7,,iv7 a bridge rehabilitation project2 or 7,v7 a bridge replacement project2 7vii7 the functional classification of the roadway on which such project is located2 and 7viii7 available information on the estimated cost of such project as of the start of project construction1 or the revised cost estimate based on a description of revisions to the scope of work or other factors affecting project cost other than cost overruns4 7,b7 ,interactive map ,in addition to the data made available under subparagraph 7,a71 the ,secretary shall make available on the website of the ,department of ,transportation an interactive map that displays1 for each active project1 the information described in clauses 7i7 through 7v7 of subparagraph 7,a74 7#c7 ,state data 7,a7 ,apportioned and allocated programs ,the website described in paragraph 7#b77;,a7 shall display the ,federal-aid highway funds apportioned and allocated to each ,state under this title1 including-- 7i7 the amount of funding available for obligation by the ,state at the start of the fiscal year2 7ii7 the amount of funding obligated by the ,state during such fiscal year2 7ii7 the amount of funding remaining available for obligation by the ,state at the end of such fiscal year2 and 7iii7 changes in the obligated1 unexpended balance for the ,state2 7,b7 ,programmatic data ,the data described in subparagraph 7,a7 shall include-- 7i7 the amount of funding by each apportioned and allocated program for which the ,state received funding under this title2 7ii7 the amount of funding transferred between programs by the ,state during the fiscal year using the authority provided under section #abf2 and 7iii7 the amount and program category of ,federal funds exchanged as described in section #ajf7;g77#f74 7#d7 ,definitions ,in this subsection3 7,a7 ,active project 7i7 ,in general ,the term active project means a ,federal-aid highway project using funds made available under this title on which those funds were obligated or expended during the fiscal year for which the estimated total cost as of the start of construction is greater than #e1jjj1jjj4 7ii7 ,exclusion ,the term active project does not include any project for which funds are transferred to agencies other than the ,federal ,highway ,administration4 7,b7 ,interactive map ,the term interactive map means a map displayed on the public website of the ,department of ,transportation that allows a user to select and view information for each active project1 ,state1 and ,congressional district4 7,c7 ,state ,the term ,state means any of the #ej ,states or the ,district of ,columbia4 4 7b7 ,project approval and oversight ,section #ajf of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7g7-- 7,a7 in paragraph 7#d7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,assistance to ,states ,the ,secretary shall-- 7i7 develop criteria for ,states to use to make the determination required under subparagraph 7,a72 and 7ii7 provide training1 guidance1 and other assistance to ,states and subrecipients as needed to ensure that projects administered by subrecipients comply with the requirements of this title4 7,c7 ,periodic review ,the ,secretary shall review1 not less frequently than every #b years1 the monitoring of subrecipients by the ,states4 2 and 7,b7 by adding at the end the following3 7#f7 ,federal funding exchange programs ,a ,state may implement a program under which a subrecipient has the option to exchange ,federal funds allocated to such subrecipient in accordance with the requirements of this title for ,state or local funds if the ,state certifies to the ,secretary that the ,state has prevailing wage and domestic content requirements that are comparable to the requirements under sections #aac and #cac and that such requirements shall apply to projects carried out using such funds if such projects would have been subject to the requirements of sections #aac and #cac if such projects were carried out using ,federal funds4 2 7#b7 in subsection 7h77#c7-- 7,a7 in subparagraph 7,b7 by striking 1 as determined by the ,secretary12 and 7,b7 in subparagraph 7,d7 by striking shall assess and inserting in the case of a project proposed to be advanced as a public-private partnership1 shall include a detailed value for money analysis or comparable analysis to determine2 and 7#c7 by adding at the end the following3 7k7 ,megaprojects 7#a7 ,comprehensive risk management plan ,to be authorized for the construction of a megaproject1 the recipient of ,federal financial assistance under this title for such megaproject shall submit to the ,secretary a comprehensive risk management plan that contains-- 7,a7 a description of the process by which the recipient will identify1 quantify1 and monitor the risks1 including natural hazards1 that might result in cost overruns1 project delays1 reduced construction quality1 or reductions in benefits with respect to the megaproject2 7,b7 examples of mechanisms the recipient will use to track risks identified pursuant to subparagraph 7,a72 7,c7 a plan to control such risks2 and 7,d7 such assurances as the ,secretary determines appropriate that the recipient shall1 with respect to the megaproject-- 7i7 regularly submit to the ,secretary updated cost estimates2 and 7ii7 maintain and regularly reassess financial reserves for addressing known and unknown risks4 7#b7 ,peer review group 7,a7 ,in general ,not later than #ij days after the date on which a megaproject is authorized for construction1 the recipient of ,federal financial assistance under this title for such megaproject shall establish a peer review group for such megaproject that consists of at least #e individuals 7including at least #a individual with project management experience7 to give expert advice on the scientific1 technical1 and project management aspects of the megaproject4 7,b7 ,membership 7i7 ,in general ,not later than #ahj days after the date of enactment of this subsection1 the ,secretary shall establish guidelines describing how a recipient described in subparagraph 7,a7 shall-- 7,i7 recruit and select members for a peer review group established under such subparagraph2 and 7,,ii7 make publicly available the criteria for such selection and identify the members so selected4 7ii7 ,conflict of interest ,no member of a peer review group for a megaproject may have a direct or indirect financial interest in such megaproject4 7,c7 ,tasks ,a peer review group established under subparagraph 7,a7 by a recipient of ,federal financial assistance for a megaproject shall-- 7i7 meet annually until completion of the megaproject2 7ii7 not later than #ij days after the date of the establishment of the peer review group and not later than #ij days after the date of any significant change1 as determined by the ,secretary1 to the scope1 schedule1 or budget of the megaproject1 review the scope1 schedule1 and budget of the megaproject1 including planning1 engineering1 financing1 and any other elements determined appropriate by the ,secretary2 and 7iii7 submit to the ,secretary1 ,congress1 and such recipient a report on the findings of each review under clause 7ii74 7#c7 ,transparency ,not later than #ij days after the submission of a report under paragraph 7#b77;,c77iii71 the ,secretary shall publish on the website of the ,department of ,transportation such report4 7#d7 ,megaproject defined ,in this subsection1 the term megaproject means a project under this title that has an estimated total cost of #b1jjj1jjj1jjj or more1 and such other projects as may be identified by the ,secretary4 7l7 ,special experimental projects 7#a7 ,public availability ,the ,secretary shall publish on the website of the ,department of ,transportation a copy of all letters of interest1 proposals1 workplans1 and reports related to the special experimental project authority pursuant to section #ejb7;b74 7#b7 ,notification and opportunity for comment ,not later than #cj days before making a determination to proceed with an experiment under a letter of interest described in paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on the letter of interest and the ,secretary's proposed response4 7#c7 ,report to ,congress ,not later than #b years after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that includes-- 7,a7 a summary of each experiment described in this subsection carried out over the previous #e years2 and 7,b7 legislative recommendations based on the findings of such experiments4 7m7 ,competitive grant program oversight and accountability 7#a7 ,in general ,to ensure the accountability and oversight of the discretionary grant selection process administered by the ,secretary1 a covered program shall be subject to the requirements of this section1 in addition to the requirements applicable to each covered program4 7#b7 ,application process ,the ,secretary shall-- 7,a7 develop a template for applicants to use to summarize-- 7i7 project needs and benefits2 and 7ii7 any factors1 requirements1 or considerations established for the applicable covered program2 7,b7 create a data driven process to evaluate1 as set forth in the covered program1 each eligible project for which an application is received2 and 7,c7 make a determination1 based on the evaluation made pursuant to subparagraph 7,b71 on any ratings1 rankings1 scores1 or similar metrics for applications made to the covered program4 7#c7 ,notification of congress ,not less than #cj days before making a grant for a covered program1 the ,secretary shall notify1 in writing1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on the ,environment and ,public ,works of the ,senate of-- 7,a7 the amount for each award proposed to be selected2 7,b7 a description of the review process2 7,c7 for each application1 the determination made under paragraph 7#b77;,c72 and 7,d7 a detailed explanation of the basis for each award proposed to be selected4 7#d7 ,notification of applicants ,not later than #cj days after making a grant for a project under a covered program1 the ,secretary shall send to all applicants under such covered program1 and publish on the website of the ,department of ,transportation-- 7,a7 a summary of each application made to the covered program for the given round of funding2 and 7,b7 the evaluation and justification for the project selection1 including all ratings1 rankings1 scores1 or similar metrics for applications made to the covered program for the given round of funding during each phase of the grant selection process4 7#e7 ,briefing ,the ,secretary shall provide1 at the request of a grant applicant of a covered program1 the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant4 7#f7 ,template ,the ,secretary shall1 to the extent practicable1 develop a template as described in paragraph 7#b77;,a7 for any discretionary program administered by the ,secretary that is not a covered program4 7#g7 ,covered program defined ,the term covered program means each of the following discretionary grant programs3 7,a7 ,community climate innovation grants under section #agb4 7,b7 ,electric vehicle charging and hydrogen fueling infrastructure grants under section #aea7;f74 7,c7 ,federal lands and tribal major projects grants under section #bjh4 7,d7 ,safe1 efficient mobility through advanced technologies grants under section #ejc7;c77#d74 4 7c7 ,division office consistency ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that-- 7#a7 analyzes the consistency of determinations among division offices of the ,federal ,highway ,administration2 and 7#b7 makes recommendations to improve the consistency of such determinations4 #aajg4 ,complete and context sensitive street design 7a7 ,standards ,section #aji of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking planned future traffic of the highway in a manner that is conducive to and inserting future operational performance of the facility in a manner that enhances2 and 7,b7 in paragraph 7#b7 by inserting 1 taking into consideration context sensitive design principles after each locality2 7#b7 in subsection 7b7-- 7,a7 by striking ,the geometric and inserting ,design criteria for the ,interstate system4--,the geometric2 and 7,b7 by striking the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the ,secretary1 under section #ajf of this title1 of the plans1 specifications1 and estimates for actual construction of such project and inserting the existing and future operational performance of the facility2 7#c7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,c7 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,d7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 context sensitive design principles4 2 7#d7 by striking subsection 7o7 and inserting the following3 7o7 ,compliance with ,state laws for non-,,nhs projects 7#a7 ,in general ,projects 7other than highway projects on the ,national ,highway ,system7 shall-- 7,a7 be designed1 constructed1 operated1 and maintained in accordance with ,state laws1 regulations1 directives1 safety standards1 design standards1 and construction standards2 and 7,b7 take into consideration context sensitive design principles4 7#b7 ,design flexibility 7,a7 ,in general ,a local jurisdiction may deviate from the roadway design publication used by the ,state in which the local jurisdiction is located for the design of a project on a roadway 7other than a highway on the ,national ,highway ,system7 if-- 7i7 the deviation is approved by the ,secretary2 and 7ii7 the design complies with all other applicable ,federal laws4 7,b7 ,state-owned roads ,in the case of a roadway under the ownership of the ,state1 the local jurisdiction may only deviate from the roadway design publication used by the ,state with the concurrence of the ,state4 7,c7 ,programmatic basis ,the ,secretary may approve a deviation under this paragraph on a project1 multiple project1 or programmatic basis4 2 and 7#e7 by adding at the end the following3 7s7 ,context sensitive design 7#a7 ,context sensitive design standards ,the ,secretary shall collaborate with ,american ,association of ,state ,highway ,transportation ,officials to ensure that any roadway design publications approved by the ,secretary under this section provides adequate flexibility for a project sponsor to select the appropriate design of a roadway1 consistent with context sensitive design principles4 7#b7 ,policies or procedures 7,a7 ,in general ,not later than #a year after the ,secretary publishes the final guidance described in paragraph 7#c71 each ,state shall adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design1 consistent with context sensitive design principles4 7,b7 ,local governments ,the ,secretary and ,states shall encourage local governments to adopt policies or procedures described under subparagraph 7,a74 7,c7 ,considerations ,the policies or procedures developed under this paragraph shall take into consideration the guidance developed by the ,secretary under paragraph 7#c74 7#c7 ,guidance 7,a7 ,in general 7i7 ,notice ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall publish guidance on the official website of the ,department of ,transportation on context sensitive design4 7ii7 ,public review and comment ,the guidance described in this paragraph shall be finalized following an opportunity for public review and comment4 7iii7 ,update ,the ,secretary shall periodically update the guidance described in this paragraph1 including the model policies or procedures described under subparagraph 7,b77v74 7,b7 ,requirements ,the guidance described in this paragraph shall-- 7i7 provide best practices for ,states1 metropolitan planning organizations1 regional transportation planning organizations1 local governments or other project sponsors to carry out context sensitive design principles2 7ii7 identify opportunities to modify planning1 scoping1 design1 and development procedures to more effectively combine modes of transportation into integrated facilities that meet the needs of each of such modes of transportation in an appropriate balance2 7iii7 identify metrics to assess the context of the facility1 including surrounding land use or roadside characteristics2 7iv7 assess the expected operational and safety performance of alternative approaches to facility design2 and 7v7 taking into consideration the findings of this guidance1 establish model policies or procedures for a ,state or other project sponsor to evaluate the context of a proposed facility and select the appropriate facility design for the context4 7,c7 ,topics of emphasis ,in publishing the guidance described in this paragraph1 the ,secretary shall emphasize-- 7i7 procedures for identifying the needs of users of all ages and abilities of a particular roadway2 7ii7 procedures for identifying the types and designs of facilities needed to serve each class of users2 7iii7 safety and other benefits provided by carrying out context sensitive design principles2 7iv7 common barriers to carrying out context sensitive design principles2 7v7 procedures for overcoming the most common barriers to carrying out context sensitive design principles2 7vi7 procedures for identifying the costs associated with carrying out context sensitive design principles2 7vii7 procedures for maximizing local cooperation in the introduction of context sensitive design principles and carrying out those principles2 and 7viii7 procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with context sensitive design principles4 7#d7 ,funding ,amounts made available under sections #ajd7;b77#f7 and #eje of this title may be used for ,states1 local governments1 metropolitan planning organizations1 or regional transportation planning organizations to adopt policies or procedures to evaluate the context of a proposed roadway and select the appropriate design1 consistent with context sensitive design principles4 4 7b7 ,conforming amendment ,section #adjd7;b7 of the ,,fast ,act 7#bc ,u4,s4,c4 #aji note7 is repealed4 #aajh4 ,innovative project delivery ,federal share 7a7 ,in general ,section #abj7;c77#c77;,b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking clause 7i7 and inserting the following3 7i7 prefabricated bridge elements and systems1 innovative materials1 and other technologies to reduce bridge construction time1 extend service life1 and reduce preservation costs1 as compared to conventionally designed and constructed bridges2 2 7#b7 by redesignating clause 7vi7 as clause 7vii72 7#c7 in clause 7v7 by striking or at the end2 and 7#d7 by inserting after clause 7v7 the following3 7vi7 innovative pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes2 or 4 7b7 ,technical amendment ,section #ajg7;a77#b7 of title #bc1 ,united ,states ,code1 is amended by striking subsection 7c7 of4 #aaji4 ,transferability of ,federal-aid highway funds ,section #abf7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading by inserting and programs after set-asides2 7#b7 in paragraph 7#a7 by striking and #acc7;d77#a77;,a7 and inserting 1 #acj1 #acc7;d77#a77;,a71 and #acc7;h72 and 7#c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,environmental programs ,with respect to an apportionment under either paragraph 7#d7 or paragraph 7#i7 of section #ajd7;b71 and notwithstanding subsection 7a71 a ,state may only transfer not more than #ej percent from the amount of the apportionment of either such paragraph to the apportionment under the other such paragraph in a fiscal year4 4 #aaaj4 ,tolling 7a7 ,toll roads1 bridges1 tunnels1 and ferries ,section #abi of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general 7,a7 ,authorization for ,federal participation ,subject to the provisions of this section1 ,federal participation shall be permitted on the same basis and in the same manner as construction of toll-free highways is permitted under this chapter in the-- 7i7 initial construction of a toll highway1 bridge1 or tunnel or approach to the highway1 bridge1 or tunnel2 7ii7 initial construction of #a or more lanes or other improvements that increase capacity of a highway1 bridge1 or tunnel 7other than a highway on the ,interstate ,system7 and conversion of that highway1 bridge1 or tunnel to a tolled facility1 if the number of toll-free lanes1 excluding auxiliary lanes1 after the construction is not less than the number of toll-free lanes1 excluding auxiliary lanes1 before the construction2 7iii7 initial construction of #a or more lanes or other improvements that increase the capacity of a highway1 bridge1 or tunnel on the ,interstate ,system and conversion of that highway1 bridge1 or tunnel to a tolled facility1 if the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 after such construction is not less than the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 before such construction2 7iv7 reconstruction1 resurfacing1 restoration1 rehabilitation1 or replacement of a toll highway1 bridge1 or tunnel or approach to the highway1 bridge1 or tunnel2 7v7 reconstruction or replacement of a toll-free bridge or tunnel and conversion of the bridge or tunnel to a toll facility2 7vi7 reconstruction of a toll-free ,federal-aid highway 7other than a highway on the ,interstate ,system7 and conversion of the highway to a toll facility2 7vii7 reconstruction1 restoration1 or rehabilitation of a highway on the ,interstate ,system if the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 after reconstruction1 restoration1 or rehabilitation is not less than the number of toll-free non-,,hov lanes1 excluding auxiliary lanes1 before reconstruction1 restoration1 or rehabilitation2 7viii7 conversion of a high occupancy vehicle lane on a highway1 bridge1 or tunnel to a toll facility1 subject to the requirements of section #aff2 and 7iv7 preliminary studies to determine the feasibility of a toll facility for which ,federal participation is authorized under this paragraph4 7,b7 ,agreement to toll 7i7 ,in general ,before the ,secretary may authorize tolling as described in this paragraph1 the public authority with jurisdiction over a highway1 bridge1 or tunnel shall enter into an agreement with the ,secretary to ensure compliance with the requirements of this subsection4 7ii7 ,applicability 7,i7 ,in general ,the provisions of this paragraph shall apply to-- 7aa7 ,federal participation under subparagraph 7,a72 7bb7 any prior ,federal participation in the facility proposed to be tolled2 and 7cc7 conversion1 with or without ,federal participation1 of a non-tolled lane on the ,national ,highway ,system to a toll facility under subparagraph 7,e74 7,,ii7 ,,hov facility ,except as otherwise provided in this subsection or section #aff1 the provisions of this paragraph shall not apply to a high occupancy vehicle facility4 7iii7 ,major ,federal action ,approval by the ,secretary of an agreement to toll under this paragraph shall be considered a major ,federal action under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,agreement conditions ,prior to entering into an agreement to toll under this subsection1 the public authority shall certify to the ,secretary that-- 7i7 the public authority has established procedures to ensure the toll meets the purposes and requirements of this subsection2 7ii7 the facility shall provide for access at no cost to public transportation vehicles and over-the-road buses serving the public2 and 7iii7 the facility shall provide for the regional interoperability of electronic toll collection1 including through technologies or business practices4 7,d7 ,consideration of impacts 7i7 ,in general ,prior to entering into an agreement to toll under this section1 the ,secretary shall ensure the public authority has adequately considered1 including by providing an opportunity for public comment1 the following factors within the corridor3 7,i7 ,congestion impacts on both the toll facility and in the corridor or cordon 7including adjacent toll-free facilities74 7,,ii7 ,in the case of a non-attainment or maintenance area1 air quality impacts4 7,,iii7 ,planned investments to improve public transportation or other non-tolled alternatives in the corridor4 7,,iv7 ,environmental justice and equity impacts4 7,v7 ,impacts on freight movement4 7,,vi7 ,economic impacts on businesses4 7ii7 ,consideration in environmental review ,nothing in this subparagraph shall limit a public authority from meeting the requirements of this subparagraph through the environmental review process1 as applicable4 7,e7 ,congestion pricing 7i7 ,in general ,the ,secretary may authorize conversion of a non-tolled lane on the ,national ,highway ,system to a toll facility to utilize variable pricing to manage the demand to use the facility by varying the toll amount that is charged4 7ii7 ,requirement ,prior to entering into an agreement to convert a non-tolled lane on the ,national ,highway ,system to a toll facility1 the ,secretary shall ensure 7in addition to the requirements under subparagraphs 7,b71 7,c71 and 7,d77 that such toll facility and the planned investments to improve public transportation or other non-tolled alternatives in the corridor are reasonably expected to improve the operation of the cordon or corridor1 as described in clauses 7iii7 and 7iv74 7iii7 ,performance monitoring ,a public authority that enters into an agreement to convert a non-tolled lane to a toll facility under this subparagraph shall-- 7,i7 establish1 monitor1 and support a performance monitoring1 evaluation1 and reporting program-- 7aa7 for the toll facility that provides for continuous monitoring1 assessment1 and reporting on the impacts that the pricing structure may have on the operation of the facility2 and 7bb7 for the corridor or cordon that provides for continuous monitoring1 assessment1 and reporting on the impacts of congestion pricing on the operation of the corridor or cordon2 7,,ii7 submit to the ,secretary annual reports of the impacts described in subclause 7,i72 and 7,,iii7 if the facility or the corridor or cordon becomes degraded1 as described in clause 7iv71 submit to the ,secretary an annual update that describes the actions proposed to bring the toll facility into compliance and the progress made on such actions4 7iv7 ,determination 7,i7 ,degraded operation ,for purposes of clause 7iii77,,iii71 the operation of a toll facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed #ij percent of the time over a consecutive #ahj-;day period during morning or evening weekday peak hour periods 7or both74 7,,ii7 ,degraded corridor or cordon ,for the purposes of clause 7iii77,,iii71 a corridor or cordon shall be considered to be degraded if congestion pricing or investments to improve public transportation or other non-tolled alternatives have not resulted in-- 7aa7 an increase in person or freight throughput in the corridor or cordon2 and 7bb7 a reduction in person hours of delay in the corridor or cordon1 as determined by the ,secretary4 7,,iii7 ,definition of minimum average operating speed ,in this subparagraph1 the term minimum average operating speed means-- 7aa7 #de miles per hour1 in the case of a toll facility with a speed limit of #ej miles per hour or greater2 and 7bb7 not more than #aj miles per hour below the speed limit1 in the case of a toll facility with a speed limit of less than #ej miles per hour4 7v7 ,maintenance of operating performance 7,i7 ,in general ,not later than #ahj days after the date on which a facility or a corridor or cordon becomes degraded under clause 7iv71 the public authority with jurisdiction over the facility shall submit to the ,secretary for approval a plan that details the actions the public authority will take to make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph4 7,,ii7 ,notice of approval or disapproval ,not later than #fj days after the date of receipt of a plan under subclause 7,i71 the ,secretary shall provide to the public authority a written notice indicating whether the ,secretary has approved or disapproved the plan based on a determination of whether the implementation of the plan will make significant progress toward bringing the facility or corridor or cordon into compliance with this subparagraph4 7,,iii7 ,update ,until the date on which the ,secretary determines that the public authority has brought facility or corridor or cordon into compliance with this subparagraph1 the public authority shall submit annual updates that describe-- 7aa7 the actions taken to bring the facility into compliance2 7bb7 the actions taken to bring the corridor or cordon into compliance2 and 7cc7 the progress made by those actions4 7,,iv7 ,compliance ,if a public authority fails to bring a facility into compliance under this subparagraph1 the ,secretary may subject the public authority to appropriate program sanctions under section #a4cf of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 until the performance is no longer degraded4 7vi7 ,consultation of ,,mpo ,if a toll facility authorized under this subparagraph is located on the ,national ,highway ,system and in a metropolitan planning area established in accordance with section #acd1 the public authority shall consult with the metropolitan planning organization for the area4 7vii7 ,inclusion ,for the purposes of this paragraph1 the corridor or cordon shall include toll-free facilities that are adjacent to the toll facility4 2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iv7 by striking and at the end2 and 7,,ii7 by striking clause 7v7 and inserting the following3 7v7 any project eligible under this title or chapter #ec of title #di that improves the operation of the corridor or cordon by increasing person or freight throughput and reducing person hours of delay2 7vi7 toll discounts or rebates for users of the toll facility that have no reasonable alternative transportation method to the toll facility2 and 7vii7 if the public authority certifies annually that the tolled facility is being adequately maintained and the cordon or corridor is not degraded under paragraph 7#a77;,e71 any revenues remaining after funding the activities described in clauses 7i7 through 7vi7 shall be considered surplus revenue and may be used for any other purpose for which ,federal funds may be obligated by a ,state under this title or chapter #ec of title #di4 2 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,transparency 7i7 ,annual audit 7,i7 ,in general ,a public authority with jurisdiction over a toll facility shall conduct or have an independent auditor conduct an annual audit of toll facility records to verify adequate maintenance and compliance with subparagraph 7,a71 and report the results of the audits to the ,secretary4 7,,ii7 ,records ,on reasonable notice1 the public authority shall make all records of the public authority pertaining to the toll facility available for audit by the ,secretary4 7ii7 ,surplus revenues ,a ,state that obligates amounts under clauses 7v71 7vi71 or 7vii7 of subparagraph 7,a7 shall annually report to the ,secretary a list of activities funded with such amounts and the amount of funding provided for each such activity4 2 7,c7 in paragraph 7#h7 by striking as of the date of enactment of the ,,map-#ba1 before commencing any activity authorized and inserting 1 before commencing any activity authorized2 and 7,d7 by striking paragraph 7#aj7 and inserting the following3 7#aj7 ,interoperability of electronic toll collection ,all toll facilities on ,federal-aid highways shall provide for the regional interoperability of electronic toll collection1 including through technologies or business practices4 7#aa7 ,noncompliance ,if the ,secretary concludes that a public authority has not complied with the requirements of this subsection1 the ,secretary may require the public authority to discontinue collecting tolls until the public authority and the ,secretary enter into an agreement for the public authority to achieve compliance with such requirements4 7#ab7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,federal participation ,the term ,federal participation means the use of funds made available under this title4 7,b7 ,high occupancy vehicle2 ,,hov ,the term high occupancy vehicle or ,,hov means a vehicle with not fewer than #b occupants4 7,c7 ,initial construction 7i7 ,in general ,the term initial construction means the construction of a highway1 bridge1 tunnel1 or other facility at any time before it is open to traffic4 7ii7 ,exclusions ,the term initial construction does not include any improvement to a highway1 bridge1 tunnel1 or other facility after it is open to traffic4 7,d7 ,over-the-road bus ,the term over-the-road bus has the meaning given the term in section #cja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha74 7,e7 ,public authority ,the term public authority means a ,state1 interstate compact of ,states1 or public entity designated by a ,state4 7,f7 ,public transportation vehicle ,the term public transportation vehicle has the meaning given that term in section #aff4 7,g7 ,toll facility ,the term toll facility means a toll highway1 bridge1 or tunnel or approach to the highway1 bridge1 or tunnel constructed or authorized to be tolled under this subsection4 4 7b7 ,repeal of ,interstate ,system reconstruction and rehabilitation pilot program ,section #abaf of the ,transportation ,equity ,act for the #bast ,century 7#bc ,u4,s4,c4 #abi note71 and the item related to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7c7 ,value pricing pilot program ,section #ajab7;b7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#bc ,u4,s4,c4 #adi note7 is amended by adding at the end the following3 7#i7 ,sunset ,the ,secretary may not consider an expression of interest submitted under this section after the date of enactment of this paragraph4 4 7d7 ,savings clause 7#a7 ,application of limitations ,any toll facility described in paragraph 7#b7 shall be subject to the requirements of section #abi7;a77#c7 of title #bc1 ,united ,states ,code1 as in effect on the day before the date of enactment of this ,act4 7#b7 ,toll facilities ,a toll facility described in this paragraph is a facility that1 on the day prior to the date of enactment of this ,act was-- 7,a7 operating2 7,b7 in the planning and design phase2 or 7,c7 in the construction phase4 #aaaa4 ,,hov facilities ,section #aff of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d77;,c77iii7 by striking transportation buses and inserting transportation vehicles2 and 7,b7 in paragraph 7#e7 by striking subparagraph 7,b7 and redesignating subparagraph 7,c7 as subparagraph 7,b72 7#b7 in subsection 7e7-- 7,a7 by striking ,not later than #ahj days after the date of enactment of this section1 the ,administrator and inserting ,the ,administrator2 7,b7 in paragraph 7#a7 by striking and at the end2 7,c7 in paragraph 7#b7 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#c7 not later than #ahj days after the date of enactment of the ,,invest in ,america ,act1 update the requirements established under paragraph 7#a74 2 and 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraphs 7,c71 7,d71 and 7,f72 and 7ii7 by redesignating subparagraphs 7,e71 7,g71 7,h71 and 7,i7 as subparagraphs 7,c71 7,d71 7,e71 and 7,f71 respectively2 and 7,b7 in paragraph 7#f77;,b77i7 by striking public entity and inserting public transportation service that is a recipient or subrecipient of funds under chapter #ec of title #di4 #aaab4 ,buy ,america 7a7 ,in general ,section #cac of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,notwithstanding and inserting ,in general--,notwithstanding2 7,b7 by striking ,secretary of ,transportation and inserting ,secretary2 and 7,c7 by striking the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #bjig7 or2 7#b7 in subsection 7b7 by inserting ,determination4-- before ,the provisions2 7#c7 in subsection 7c7 by striking ,for purposes and inserting ,calculation--,for purposes2 7#d7 in subsection 7d7-- 7,a7 by striking ,the ,secretary of ,transportation and inserting ,requirements--,the ,secretary2 and 7,b7 by striking the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #bjig7 or2 and 7#e7 by adding at the end the following3 7h7 ,waiver procedure 7#a7 ,in general ,not later than #abj days after the submission of a request for a waiver1 the ,secretary shall make a determination under paragraph 7#a7 or 7#b7 of subsection 7b7 as to whether subsection 7a7 shall apply4 7#b7 ,public notification and comment 7,a7 ,in general ,not later than #cj days before making a determination regarding a waiver described in paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on the request for such waiver4 7,b7 ,notification requirements ,the notification required under subparagraph 7,a7 shall-- 7i7 describe whether the application is being made for a determination described in subsection 7b77#a72 and 7ii7 be provided to the public by electronic means1 including on the public website of the ,department of ,transportation4 7#c7 ,determination ,before a determination described in paragraph 7#a7 takes effect1 the ,secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph 7#b7-- 7,a7 on the public website of the ,department of ,transportation2 and 7,b7 if the ,secretary issues a waiver with respect to such determination1 in the ,federal ,register4 7i7 ,review of nationwide waivers 7#a7 ,in general ,not later than #a year after the date of enactment of this subsection1 and at least every #e years thereafter1 the ,secretary shall review any standing nationwide waiver issued by the ,secretary under this section to ensure such waiver remains justified4 7#b7 ,public notification and opportunity for comment 7,a7 ,in general ,not later than #cj days before the completion of a review under paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on such review4 7,b7 ,means of notification ,notification provided under this subparagraph shall be provided by electronic means1 including on the public website of the ,department of ,transportation4 7#c7 ,detailed justification in ,federal ,register ,after the completion of a review under paragraph 7#a71 the ,secretary shall publish in the ,federal ,register a detailed justification for the determination made under paragraph 7#a7 that addresses all public comments received under paragraph 7#b74 7j7 ,report ,not later than #abj days after the last day of each fiscal year1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,appropriations of the ,senate a report on the waivers provided under subsection 7h7 during the previous fiscal year and the justifications for such waivers4 4 7b7 ,conforming amendments 7#a7 ,consolidated ,appropriations ,act1 #bjaj ,section #abc of title ,i of division ,a of the ,consolidated ,appropriations ,act1 #bjaj 7#bc ,u4,s4,c4 #cac note2 ,public ,law #aaa-aag7 is repealed4 7#b7 ,consolidated ,appropriations ,act1 #bjai ,section #abb of title ,i of division ,h of the ,consolidated ,appropriations ,act1 #bjai 7#bc ,u4,s4,c4 #cac note2 ,public ,law #aaf-id7 is repealed4 7#c7 ,,safetea-,,lu ,technical ,corrections ,act of #bjjh ,section #aag of the ,,safetea-,,lu ,technical ,corrections ,act of #bjjh 7#bc ,u4,s4,c4 #cac note7 is repealed4 ,b ,programmatic ,infrastructure ,investment #abja4 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,purposes ,the purposes of the national highway performance program shall be-- 7#a7 to provide support for the condition and performance of ,federal-aid highways and bridges on the ,national ,highway ,system1 consistent with the asset management plans of ,states2 7#b7 to support progress toward the achievement of performance targets of ,states established under section #aej2 7#c7 to increase the resilience of ,federal-aid highways and bridges2 and 7#d7 to provide support for the construction of new facilities on the ,national ,highway ,system1 consistent with subsection 7d77#c74 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7 by striking or freight movement on the ,national ,highway ,system and inserting freight movement1 environmental sustainability1 transportation system access1 or combating climate change2 7,b7 in paragraph 7#a77;,b7 by striking and at the end2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,g7-- 7,i7 in clause 7i7 by inserting and at the end2 7,,ii7 in clause 7ii7 by striking 2 and and inserting a period2 and 7,,iii7 by striking clause 7iii72 7ii7 in subparagraph 7,i7 by inserting 1 including the installation of safety barriers and nets on bridges on the ,national ,highway ,system after ,national ,highway ,system2 and 7iii7 by adding at the end the following3 7,q7 ,projects on or off the ,national ,highway ,system to reduce greenhouse gas emissions that are eligible under section #aga1 including the installation of electric vehicle charging infrastructure4 7,r7 ,projects on or off the ,national ,highway ,system to enhance resilience of a transportation facility1 including protective features4 7,s7 ,projects and strategies to reduce vehicle-caused wildlife mortality related to1 or to restore and maintain connectivity among terrestrial or aquatic habitats affected by1 a transportation facility otherwise eligible for assistance under this section4 7,t7 ,projects on or off the ,national ,highway ,system to improve an evacuation route eligible under section #abd7;b77#a77;,c72 and 2 and 7,d7 by adding at the end the following3 7#c7 a project that is otherwise eligible under this subsection to construct new capacity for single occupancy passenger vehicles only if the ,state-- 7,a7 has demonstrated progress in achieving a state of good repair on the ,national ,highway ,system2 and 7,b7 demonstrates that the project-- 7i7 supports the achievement of performance targets of the ,state established under section #aej2 and 7ii7 is more cost effective1 as determined by benefit-cost analysis1 than-- 7,i7 an operational improvement to the facility or corridor2 7,,ii7 the construction of a transit project eligible for assistance under chapter #ec of title #di2 or 7,,iii7 the construction of a non-single occupancy passenger vehicle project that improves freight movement4 2 and 7#c7 in subsection 7e7-- 7,a7 in the heading by inserting asset and after ,state2 7,b7 in paragraph 7#d77;,d7 by striking analysis and inserting analyses1 both of which shall take into consideration climate change adaptation and resilience22 and 7,c7 in paragraph 7#h7 by striking ,not later than #ah months after the date of enactment of the ,,map-#ba1 the ,secretary and inserting ,the ,secretary4 #abjb4 ,increasing the resilience of transportation assets 7a7 ,predisaster mitigation program 7#a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #abc the following3 #abd4 ,predisaster mitigation program 7a7 ,establishment ,the ,secretary shall establish and implement a predisaster mitigation program to enhance the resilience of the transportation system of the ,united ,states1 mitigate the impacts of covered events1 and ensure the efficient use of ,federal resources4 7b7 ,eligible activities 7#a7 ,in general ,subject to paragraph 7#b71 funds apportioned to the ,state under section #ajd7;b77#h7 may be obligated for construction activities1 including construction of natural infrastructure or protective features1 to-- 7,a7 increase the resilience of a surface transportation infrastructure asset to withstand a covered event2 7,b7 relocate or provide a reasonable alternative to a repeatedly damaged facility2 and 7,c7 for an evacuation route identified in the vulnerability assessment required under section #acd7;i77#b77;,i77iii7 or section #ace7;f77#aj77;,c7-- 7i7 improve the capacity or operation of such evacuation route through-- 7,i7 communications and intelligent transportation system equipment and infrastructure2 7,,ii7 counterflow measures2 and 7,,iii7 shoulders2 and 7ii7 relocate such evacuation route or provide a reasonable alternative to such evacuation route to address the risk of a covered event4 7#b7 ,infrastructure resilience and adaptation ,no funds shall be obligated to a project under this section unless the project meets each of the following criteria3 7,a7 ,the project is designed to ensure resilience over the anticipated service life of the surface transportation infrastructure asset4 7,b7 ,the project is identified in the metropolitan or statewide transportation improvement program as a project to address resilience vulnerabilities1 consistent with section #acd7;j77#c77;,e7 or #ace7;g77#e77;,b77iii74 7,c7 ,for a project in a flood plain1 the project sponsor considers hydrologic and hydraulic data and methods that integrate current and projected changes in flooding based on climate science and future land use changes over the anticipated service life of the surface transportation infrastructure asset4 7#c7 ,prioritization of projects ,a ,state shall develop a process to prioritize projects under this section based on the degree to which the proposed project would-- 7,a7 be cost effective2 7,b7 reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers1 freight movement1 economic activity1 evacuation1 recovery1 or national security functions2 and 7,c7 ease disruptions to vulnerable1 at-risk1 or transit-dependant populations4 7c7 ,guidance ,the ,secretary shall provide guidance to ,states to assist with the implementation of paragraphs 7#b7 and 7#c7 of subsection 7b74 7d7 ,definitions ,in this section3 7#a7 ,covered event ,the term covered event means a climate change effect 7including sea level rise71 an extreme event1 seismic activity1 or any other natural disaster 7including a wildfire74 7#b7 ,surface transportation infrastructure asset ,the term surface transportation infrastructure asset means a facility eligible for assistance under this title or chapter #ec of title #di4 4 7#b7 ,conforming amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #abc the following3 #abd4 ,predisaster mitigation program4 4 7b7 ,metropolitan transportation planning 7#a7 ,amendments to title #bc 7,a7 ,climate change and resilience ,section #acd7;i77#b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,i7 ,climate change and resilience 7i7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7ii7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7,i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7,,ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7,,iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7iii7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7,i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd72 7,,ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities2 7,,iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7,,iv7 describes the metropolitan planning organization's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization2 and 7,v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7iv7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation with1 as appropriate1 ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #acd7;j77#c7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,resilience projects ,the ,,tip shall-- 7i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#b77;,i77iii72 and 7ii7 describe how each project identified under clause 7i7 would improve the resilience of the transportation system4 4 7#b7 ,amendments to title #di 7,a7 ,climate change and resilience ,section #ecjc7;i77#b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,i7 ,climate change and resilience 7i7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7ii7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7,i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7,,ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7,,iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7iii7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7,i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd of title #bc72 7,,ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai of title #bc1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities2 7,,iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7,,iv7 describes the metropolitan planning organization's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization2 and 7,v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7iv7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation1 as appropriate1 with ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #ecjc7;j77#c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,resilience projects ,the ,,tip shall-- 7i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#b77;,i77iii72 and 7ii7 describe how each project identified under clause 7i7 would improve the resilience of the transportation system4 4 7c7 ,statewide and nonmetropolitan planning 7#a7 ,amendments to title #bc 7,a7 ,climate change and resilience ,section #ace7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#aj7 ,climate change and resilience 7,a7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7,b7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7,c7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd72 7ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities2 7iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7iv7 describes the metropolitan planning organization's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization2 and 7v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7,d7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation with1 as appropriate1 ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #ace7;g77#e77;,b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,resilience projects ,the ,,stip shall-- 7,i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#aj77;,b72 and 7,,ii7 describe how each project identified under subclause 7,i7 would improve the resilience of the transportation system4 4 7#b7 ,amendments to title #di 7,a7 ,climate change and resilience ,section #ecjd7;f7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#aj7 ,climate change and resilience 7,a7 ,in general ,the transportation planning process shall assess strategies to reduce the climate change impacts of the surface transportation system and conduct a vulnerability assessment to identify opportunities to enhance the resilience of the surface transportation system and ensure the efficient use of ,federal resources4 7,b7 ,climate change mitigation and impacts ,a long-range transportation plan shall-- 7i7 identify investments and strategies to reduce transportation-related sources of greenhouse gas emissions per capita2 7ii7 identify investments and strategies to manage transportation demand and increase the rates of public transportation ridership1 walking1 bicycling1 and carpools2 and 7iii7 recommend zoning and other land use policies that would support infill1 transit-oriented development1 and mixed use development4 7,c7 ,vulnerability assessment ,a long-range transportation plan shall incorporate a vulnerability assessment that-- 7i7 includes a risk-based assessment of vulnerabilities of critical transportation assets and systems to covered events 7as such term is defined in section #abd of title #bc72 7ii7 considers1 as applicable1 the risk management analysis in the ,state's asset management plan developed pursuant to section #aai of title #bc1 and the ,state's evaluation of reasonable alternatives to repeatedly damaged facilities2 7iii7 identifies evacuation routes1 assesses the ability of any such routes to provide safe passage for evacuation and emergency response during an emergency event1 and identifies any improvements or redundant facilities necessary to adequately facilitate safe passage2 7iv7 describes the metropolitan planning organization's adaptation and resilience improvement strategies that will inform the transportation investment decisions of the metropolitan planning organization2 and 7v7 is consistent with and complementary of the ,state and local mitigation plans required under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe74 7,d7 ,consultation ,the assessment described in this subparagraph shall be developed in consultation with1 as appropriate1 ,state1 local1 and ,tribal officials responsible for land use1 housing1 resilience1 hazard mitigation1 and emergency management4 4 7,b7 ,resilience projects ,section #ecjd7;g77#e77;,b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7iii7 ,resilience projects ,the ,,stip shall-- 7,i7 identify projects that address the vulnerabilities identified by the assessment in subsection 7i77#aj77;,b72 and 7,,ii7 describe how each project identified under subclause 7,i7 would improve the resilience of the transportation system4 4 #abjc4 ,emergency relief 7a7 ,in general ,section #abe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7 by inserting wildfire1 after severe storm12 7#b7 by striking subsection 7b72 7#c7 in subsection 7c77#b77;,a7 by striking in any #a fiscal year commencing after ,september #cj1 #aihj1 and inserting in any fiscal year2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#c77;,c7 by striking subsection 7e77#a7 and inserting subsection 7g72 7,b7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 and 7,c7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,the ,secretary may expend funds from the emergency fund authorized by this section only for the repair or reconstruction of highways on ,federal-aid highways in accordance with this chapter4 7#b7 ,restrictions 7,a7 ,in general ,no funds shall be expended from the emergency fund authorized by this section unless-- 7i7 an emergency has been declared by the ,governor of the ,state with concurrence by the ,secretary1 unless the ,president has declared the emergency to be a major disaster for the purposes of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq47 for which concurrence of the ,secretary is not required2 and 7ii7 the ,secretary has received an application from the ,state transportation department that includes a comprehensive list of all eligible project sites and repair costs by not later than #f years after the natural disaster or catastrophic failure4 7,b7 ,cost limitation ,the total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility unless the ,secretary determines that the project incorporates economically justified betterments1 including protective features to increase the resilience of the facility4 7#c7 ,special rule for bridge projects ,in no case shall funds be used under this section for the repair or reconstruction of a bridge-- 7,a7 that has been permanently closed to all vehicular traffic by the ,state or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration2 or 7,b7 if a construction phase of a replacement structure is included in the approved statewide transportation improvement program at the time of an event described in subsection 7a74 2 7#e7 in subsection 7e7-- 7,a7 by striking paragraph 7#a72 7,b7 in paragraph 7#b7 by striking subsection 7d77#a7 and inserting subsection 7c77#a72 and 7,c7 by redesignating paragraphs 7#b7 and 7#c71 as amended1 as paragraphs 7#a7 and 7#b71 respectively2 7#f7 by redesignating subsections 7c7 through 7g71 as amended1 as subsections 7b7 through 7f71 respectively2 and 7#g7 by adding at the end the following3 7g7 ,definitions ,in this section3 7#a7 ,comparable facility ,the term comparable facility means a facility that meets the current geometric and construction standards required for the types and volume of traffic that the facility will carry over its design life4 7#b7 ,construction phase ,the term construction phase means the phase of physical construction of a highway or bridge facility that is separate from any other identified phases1 such as planning1 design1 or right-of-way phases1 in the ,state transportation improvement program4 7#c7 ,open to public travel ,the term open to public travel means with respect to a road1 that1 except during scheduled periods1 extreme weather conditions1 or emergencies1 the road-- 7,a7 is maintained2 7,b7 is open to the general public2 and 7,c7 can accommodate travel by a standard passenger vehicle1 without restrictive gates or prohibitive signs or regulations1 other than for general traffic control or restrictions based on size1 weight1 or class of registration4 7#d7 ,standard passenger vehicle ,the term standard passenger vehicle means a vehicle with #f inches of clearance from the lowest point of the frame1 body1 suspension1 or differential to the ground4 4 7b7 ,conforming amendments 7#a7 ,federal lands and tribal transportation programs ,section #bja7;c77#h77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking section #abe7;e7 and inserting section #abe7;g74 7#b7 ,tribal transportation program ,section #bjb7;b77#f77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking section #abe7;e7 and inserting section #abe7;d74 #abjd4 ,railway crossings 7a7 ,in general ,section #acj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking ,railway-highway crossings and inserting ,railway crossings2 7#b7 in subsection 7a7-- 7,a7 by striking ,subject to section #abj and subsection 7b7 of this section1 the entire and inserting ,in general4--,the2 7,b7 by striking then the entire and inserting the2 and 7,c7 by striking 1 subject to section #abj and subsection 7b7 of this section12 7#c7 by amending subsection 7b7 to read as follows3 7b7 ,classification 7#a7 ,in general ,the construction of projects for the elimination of hazards at railway crossings represents a benefit to the railroad4 ,the ,secretary shall classify the various types of projects involved in the elimination of hazards of railway-highway crossings1 and shall set for each such classification a percentage of the total project cost that represent the benefit to the railroad or railroads for the purpose of determining the railroad's share of the total project cost4 ,the ,secretary shall determine the appropriate classification of each project4 7#b7 ,noncash contributions 7,a7 ,in general ,not more than #e percent of the cost share described in paragraph 7#a7 may be attributable to noncash contributions of materials and labor furnished by the railroad in connection with the construction of such project4 7,b7 ,requirement ,the requirements under section #bjj4cjf and #bjj4djc7;g7 of title #b1 ,code of ,federal ,regulations 7or successor regulations71 shall apply to any noncash contributions under this subsection4 7#c7 ,total project cost ,for the purposes of this subsection1 the determination of the railroad's share of the total project cost shall include environment1 design1 right-of-way1 utility accommodation1 and construction phases of the project4 2 7#d7 in subsection 7c7-- 7,a7 by striking ,any railroad involved and inserting ,benefit4--,any railroad involved2 7,b7 by striking the net benefit and inserting the cost associated with the benefit2 and 7,c7 by striking ,such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project42 7#e7 by striking subsection 7e7 and inserting the following3 7e7 ,railway crossings 7#a7 ,eligible activities ,funds apportioned to a ,state under section #ajd7;b77#g7 may be obligated for the following3 7,a7 ,the elimination of hazards at railway-highway crossings1 including technology or protective upgrades4 7,b7 ,construction 7including installation and replacement7 of protective devices at railway-highway crossings4 7,c7 ,infrastructure and noninfrastructure projects and strategies to prevent or reduce suicide or trespasser fatalities and injuries along railroad rights-of-way and at or near railway-highway crossings4 7,d7 ,projects to mitigate any degradation in the level of access from a highway-grade crossing closure4 7,e7 ,bicycle and pedestrian railway grade crossing improvements1 including underpasses and overpasses4 7,f7 ,projects eligible under section #bbijg7;c77#e7 of title #di1 provided that amounts obligated under this subparagraph-- 7i7 shall be administered by the ,secretary in accordance with such section as if such amounts were made available to carry out such section2 and 7ii7 may be used to pay up to #ij percent of the non-,federal share of the cost of a project carried out under such section4 7#b7 ,special rule ,if a ,state demonstrates to the satisfaction of the ,secretary that the ,state has met all its needs for installation of protective devices at railway-highway crossings1 the ,state may use funds made available by this section for other highway safety improvement program purposes4 2 7#f7 by striking subsection 7f7 and inserting the following3 7f7 ,federal share ,notwithstanding section #abj1 the ,federal share payable on account of any project financed with funds made available to carry out subsection 7e7 shall be up to #ij percent of the cost thereof4 2 7#g7 by striking subsection 7g7 and inserting the following3 7g7 ,report 7#a7 ,state report 7,a7 ,in general ,not later than #b years after the date of enactment of the ,,invest in ,america ,act1 and at least biennially thereafter1 each ,state shall submit to the ,secretary a report on the progress being made to implement the railway crossings program authorized by this section and the effectiveness of such improvements4 7,b7 ,contents ,each ,state report under subparagraph 7,a7 shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations4 7#b7 ,departmental report 7,a7 ,in general ,not later than #ahj days after the deadline for the submission of a report under paragraph 7#a77;,a71 the ,secretary shall publish on the website of the ,department of ,transportation a report on the progress being made by the ,state in implementing projects to improve railway-highway crossings4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 the number of projects undertaken2 7ii7 distribution of such projects by cost range1 road system1 nature of treatment1 and subsequent accident experience at improved locations2 7iii7 an analysis and evaluation of each ,state program2 7iv7 the identification of any ,state found not to be in compliance with the schedule of improvements required by subsection 7d72 and 7v7 recommendations for future implementation of the railway crossings program4 2 7#h7 in subsection 7j7-- 7,a7 in the heading by inserting and pedestrian after ,bicycle2 and 7,b7 by inserting and pedestrian after bicycle2 and 7#i7 in subsection 7l7-- 7,a7 in paragraph 7#a7 by striking ,not later than and all that follows through each ,state and inserting ,not later than #f months after a new railway crossing becomes operational1 each ,state2 and 7,b7 in paragraph 7#b7 by striking ,on a periodic and all that follows through every year thereafter and inserting ,on or before ,september #cj of each year4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by amending the item relating to section #acj to read as follows3 #acj4 ,railway crossings4 4 7c7 ,,gao study ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes an analysis of the effectiveness of the railway crossing program under section #acj of title #bc1 ,united ,states ,code4 7d7 ,sense of ,congress relating to trespasser deaths along railroad rights-of-way ,it is the sense of ,congress that the ,department of ,transportation should1 where feasible1 coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings4 #abje4 ,surface transportation program 7a7 ,in general ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading by striking block grant2 7#b7 in subsection 7a7 by striking block grant2 7#c7 in subsection 7b7-- 7,a7 by striking block grant2 7,b7 in paragraph 7#d7 by striking railway-highway grade crossings and inserting projects eligible under section #acj and installation of safety barriers and nets on bridges2 7,c7 in paragraph 7#f7-- 7i7 by striking ,recreational and inserting ,transportation alternatives projects eligible under subsection 7h71 recreational2 and 7ii7 by striking #adjd of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7 and inserting #baa2 and 7,d7 by adding at the end the following3 7#af7 ,protective features 7including natural infrastructure7 to enhance the resiliency of a transportation facility otherwise eligible for assistance under this section4 7#ag7 ,projects to reduce greenhouse gas emissions eligible under section #aga1 including the installation of electric vehicle charging infrastructure4 7#ah7 ,projects and strategies to reduce vehicle-caused wildlife mortality related to1 or to restore and maintain connectivity among terrestrial or aquatic habitats affected by1 a transportation facility otherwise eligible for assistance under this section4 2 7#d7 in subsection 7c7-- 7,a7 by striking block grant and inserting program2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 for a project described in-- 7,a7 subsection 7h72 or 7,b7 section #aja7;a77#bi71 as in effect on the day before the date of enactment of the ,,fast ,act2 2 7,c7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 for a project described in section #ecjh of title #di2 and 2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting each fiscal year after apportioned to a ,state2 7ii7 by striking the reservation of and inserting setting aside2 and 7iii7 in subparagraph 7,a7-- 7,i7 by striking the percentage specified in paragraph 7#f7 for a fiscal year and inserting #ee percent2 7,,ii7 in clause 7i7 by striking of over and inserting greater than2 and 7,,iii7 by striking clauses 7ii7 and 7iii7 and inserting the following3 7ii7 in urbanized areas of the ,state with an urbanized area population greater than #di1iii and less than #bjj1jja2 7iii7 in urban areas of the ,state with a population greater than #d1iii and less than #ej1jjj2 and 7iv7 in other areas of the ,state with a population less than #e1jjj2 and 2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,local coordination and consultation 7,a7 ,coordination with metropolitan planning organizations ,for purposes of paragraph 7#a77;,a77ii71 a ,state shall-- 7i7 establish a process to coordinate with all metropolitan planning organizations in the ,state that represent an urbanized area described in such paragraph2 and 7ii7 describe how funds described under paragraph 7#a77;,a77ii7 will be allocated equitably among such urbanized areas during the period of fiscal years #bjbb through #bjbe4 7,b7 ,joint responsibility ,each ,state and the ,secretary shall jointly ensure compliance with subparagraph 7,a74 7,c7 ,consultation with regional transportation planning organizations ,for purposes of clauses 7iii7 and 7iv7 of paragraph 7#a77;,a71 before obligating funding attributed to an area with a population less than #ej1jjj1 a ,state shall consult with the regional transportation planning organizations that represent the area1 if any4 2 7,c7 in the heading for paragraph 7#d7 by striking over #bjj1jjj and inserting greater than #bjj1jjj2 7,d7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,technical assistance 7,a7 ,in general ,the ,state and all metropolitan planning organizations in the ,state that represent an urbanized area with a population of greater than #bjj1jjj shall jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious manner and reduce the period of time between the selection of the project and the obligation of funds for the project by providing-- 7i7 technical assistance and training to applicants for projects under this subsection2 and 7ii7 funding for #a or more full-time ,state employee positions to administer this subsection4 7,b7 ,eligible funds ,to carry out this paragraph-- 7i7 a ,state shall set aside an amount equal to #a percent of the funds available under paragraph 7#a77;,a77i72 and 7ii7 at the request of an eligible metropolitan planning organization1 the ,state and metropolitan planning organization may jointly agree to use additional funds available under paragraph 7#a77;,a77i74 7,c7 ,use of funds ,amounts used under this paragraph may be expended-- 7i7 directly by the ,state2 or 7ii7 through contracts with ,state agencies1 private entities1 or nonprofit organizations4 2 7#f7 in subsection 7e77#a7-- 7,a7 by striking over #bjj1jjj and inserting greater than #bjj1jjj2 and 7,b7 by striking #bjaf through #bjbj and inserting #bjbb through #bjbe2 7#g7 by striking subsection 7f7 and inserting the following3 7f7 ,bridges not on ,federal-,aid highways 7#a7 ,definition of off-system bridge ,in this subsection1 the term off-system bridge means a bridge located on a public road1 other than a bridge on a ,federal-aid highway4 7#b7 ,special rule 7,a7 ,set aside ,of the amounts apportioned to a ,state for each fiscal year under this section other than the amounts described in subparagraph 7,c71 the ,state shall obligate for activities described in subsection 7b77#b7 7as in effect on the day before the date of enactment of the ,,fast ,act7 for off-system bridges an amount that is not less than #bj percent of the amounts available to such ,state in fiscal year #bjbj4 7,b7 ,reduction of expenditures ,the ,secretary1 after consultation with ,state and local officials1 may reduce the requirement for expenditures for off-system bridges under subparagraph 7,a7 with respect to the ,state if the ,secretary determines that the ,state has inadequate needs to justify the expenditure4 7,c7 ,limitations ,the following amounts shall not be used for the purposes of meeting the requirements of subparagraph 7,a73 7i7 ,amounts described in section #acc7;d77#a77;,a74 7ii7 ,amounts set aside under section #acc7;h74 7iii7 ,amounts described in section #eje7;a74 7#c7 ,credit for bridges not on ,federal-aid highways ,notwithstanding any other provision of law1 with respect to any project not on a ,federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from ,state and local sources1 is eligible for ,federal funds under this section1 is certified by the ,state to have been carried out in accordance with all standards applicable to such projects under this section1 and is determined by the ,secretary upon completion to be no longer a deficient bridge-- 7,a7 any amount expended after the date of enactment of this subsection from ,state and local sources for the project in excess of #bj percent of the cost of construction of the project may be credited to the non-,federal share of the cost of other bridge projects in the ,state that are eligible for ,federal funds under this section2 and 7,b7 that crediting shall be conducted in accordance with procedures established by the ,secretary4 2 and 7#h7 in subsection 7g77#a7-- 7,a7 by striking subsection 7d77#a77;,a77ii7 for each of fiscal years #bjaf through #bjbj and inserting subsection 7d77#a77;,a77iv7 for each fiscal year2 7,b7 by inserting rural after functionally classified as2 and 7,c7 by inserting or on critical rural freight corridors designated under section #afg7;e7 after minor collectors4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #acc and inserting the following3 #acc4 ,surface transportation program4 4 7c7 ,conforming amendments 7#a7 ,advance acquisition of real property ,section #ajh7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b77;,a7 by striking block grant2 and 7,b7 in paragraph 7#c7 by striking block grant4 7#b7 ,nondiscrimination ,section #adj7;b7 of title #bc1 ,united ,states ,code1 is amended by striking block grant4 7#c7 ,public transportation ,section #adb7;e77#b7 of title #bc1 ,united ,states ,code1 is amended by striking block grant4 7#d7 ,highway use tax evasion projects ,section #adc7;b77#h7 of title #bc1 ,united ,states ,code1 is amended in the heading by striking block grant4 7#e7 ,congestion mitigation and air quality improvement program ,section #adi7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a77;,b7 by striking block grant2 and 7,b7 in paragraph 7#b77;,a7 by striking block grant4 7#f7 ,territorial and ,puerto ,rico highway program ,section #afe of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7b77#b77;,a77ii7 by striking block grant2 and 7,b7 in subsection 7c77#f77;,a77i7 by striking block grant4 7#g7 ,magnetic levitation transportation technology deployment program ,section #cbb7;h77#c7 of title #bc1 ,united ,states ,code1 is amended by striking block grant4 7#h7 ,training and education ,section #ejd7;a77#d7 of title #bc1 ,united ,states ,code1 is amended by striking block grant4 #abjf4 ,transportation alternatives program ,section #acc7;h7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7h7 ,transportation alternatives program set-,aside 7#a7 ,set aside ,for each fiscal year1 of the total funds apportioned to all ,states under section #ajd7;b77#b7 for a fiscal year1 the ,secretary shall set aside an amount such that-- 7,a7 the ,secretary sets aside a total amount under this subsection for a fiscal year equal to #aj percent of such total funds2 and 7,b7 the ,state's share of the amount set aside under subparagraph 7,a7 is determined by multiplying the amount set aside under subparagraph 7,a7 by the ratio that-- 7i7 the amount apportioned to the ,state for the transportation enhancement program for fiscal year #bjji under section #acc7;d77#b71 as in effect on the day before the date of enactment of ,,map-#ba2 bears to 7ii7 the total amount of funds apportioned to all ,states for the transportation enhancements program for fiscal year #bjji4 7#b7 ,allocation within a ,state 7,a7 ,in general ,except as provided in subparagraph 7,b71 funds set aside for a ,state under paragraph 7#a7 shall be obligated within that ,state in the manner described in subsection 7d71 except that1 for purposes of this paragraph 7after funds are made available under paragraph 7#e77-- 7i7 for each fiscal year1 the percentage referred to in paragraph 7#a77;,a7 of subsection 7d7 shall be deemed to be #ff percent2 and 7ii7 paragraph 7#c7 of subsection 7d7 shall not apply4 7,b7 ,local control 7i7 ,in general ,a ,state may make available up to #ajj percent of the funds set aside under paragraph 7#a7 to the entities described in subclause 7,i7 if the ,state submits to the ,secretary1 and the ,secretary approves1 a plan that describes-- 7,i7 how such funds shall be made available to metropolitan planning organizations1 regional transportation planning organizations1 counties1 or other regional transportation authorities2 7,,ii7 how the entities described in subclause 7,i7 shall select projects for funding and how such entities shall report selected projects to the ,state2 7,,iii7 the legal1 financial1 and technical capacity of such entities2 and 7,,iv7 the procedures in place to ensure such entities comply with the requirements of this title4 7ii7 ,requirement ,a ,state that makes funding available under a plan approved under this subparagraph shall make available an equivalent amount of obligation authority to the entities described in clause 7i77,i74 7#c7 ,eligible projects ,funds set aside under this subsection may be obligated for any of the following projects or activities3 7,a7 ,construction1 planning1 and design of on-road and off-road trail facilities for pedestrians1 bicyclists1 and other nonmotorized forms of transportation1 including sidewalks1 bicycle infrastructure1 pedestrian and bicycle signals1 traffic calming techniques1 lighting and other safety-related infrastructure1 and transportation projects to achieve compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7,b7 ,construction1 planning1 and design of infrastructure-related projects and systems that will provide safe routes for nondrivers1 including children1 older adults1 and individuals with disabilities to access daily needs4 7,c7 ,conversion and use of abandoned railroad corridors for trails for pedestrians1 bicyclists1 or other nonmotorized transportation users4 7,d7 ,construction of turnouts1 overlooks1 and viewing areas4 7,e7 ,community improvement activities1 including-- 7i7 inventory1 control1 or removal of outdoor advertising2 7ii7 historic preservation and rehabilitation of historic transportation facilities2 7iii7 vegetation management practices in transportation rights-of-way to improve roadway safety1 prevent against invasive species1 and provide erosion control2 and 7iv7 archaeological activities relating to impacts from implementation of a transportation project eligible under this title4 7,f7 ,any environmental mitigation activity1 including pollution prevention and pollution abatement activities and mitigation to address stormwater management1 control1 and water pollution prevention or abatement related to highway construction or due to highway runoff1 including activities described in sections #cbh7;a7 and #cbi4 7,g7 ,projects and strategies to reduce vehicle-caused wildlife mortality related to1 or to restore and maintain connectivity among terrestrial or aquatic habitats affected by1 a transportation facility otherwise eligible for assistance under this subsection4 7,h7 ,the recreational trails program under section #bjf4 7,i7 ,the safe routes to school program under section #baa4 7,j7 ,activities in furtherance of a vulnerable road user assessment described in section #adh4 7,k7 ,any other projects or activities described in section #aja7;a77#bi7 or section #bac1 as such sections were in effect on the day before the date of enactment of the ,,fast ,act 7,public ,law #aad-id74 7#d7 ,access to funds 7,a7 ,in general ,a ,state or metropolitan planning organization required to obligate funds in accordance with paragraph 7#b7 shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection4 ,a metropolitan planning organization for an area described in subsection 7d77#a77;,a77i7 shall select projects under such process in consultation with the relevant ,state4 7,b7 ,eligible entity defined ,in this paragraph1 the term eligible entity means-- 7i7 a local government2 7ii7 a regional transportation authority2 7iii7 a transit agency2 7iv7 a natural resource or public land agency2 7v7 a school district1 local education agency1 or school2 7vi7 a tribal government2 7vii7 a metropolitan planning organization that serves an urbanized area with a population of #bjj1jjj or fewer2 7viii7 a nonprofit organization carrying out activities related to transportation2 7ix7 any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails 7other than a metropolitan planning organization that serves an urbanized area with a population of over #bjj1jjj or a ,state agency7 that the ,state determines to be eligible1 consistent with the goals of this subsection2 and 7x7 a ,state1 at the request of any entity listed in clauses 7i7 through 7x74 7#e7 ,continuation of certain recreational trails projects 7,a7 ,in general ,for each fiscal year1 a ,state shall-- 7i7 obligate an amount of funds set aside under this subsection equal to #age percent of the amount of the funds apportioned to the ,state for fiscal year #bjji under section #ajd7;h77#b71 as in effect on the day before the date of enactment of ,,map-#ba1 for projects relating to recreational trails under section #bjf2 7ii7 return #a percent of the funds described in clause 7i7 to the ,secretary for the administration of such program2 and 7iii7 comply with the provisions of the administration of the recreational trails program under section #bjf1 including the use of apportioned funds described in subsection 7d77#c77;,a7 of such section4 7,b7 ,state flexibility ,a ,state may opt out of the recreational trails program under this paragraph if the ,governor of the ,state notifies the ,secretary not later than #cj days prior to the date on which an apportionment is made under section #ajd for any fiscal year4 7#f7 ,improving accessibility and efficiency 7,a7 ,in general ,a ,state may use an amount equal to not more than #e percent of the funds set aside for the ,state under this subsection1 after allocating funds in accordance with paragraph 7#b77;,a71 to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing-- 7i7 to applicants for projects under this subsection application assistance1 technical assistance1 and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project2 and 7ii7 funding for #a or more full-time ,state employee positions to administer this subsection4 7,b7 ,use of funds ,amounts used under subparagraph 7,a7 may be expended-- 7i7 directly by the ,state2 or 7ii7 through contracts with ,state agencies1 private entities1 or nonprofit entities4 7#g7 ,federal share 7,a7 ,flexible match 7i7 ,in general ,notwithstanding section #abj-- 7,i7 the non-,federal share for a project under this subsection may be calculated on a project1 multiple-project1 or program basis2 and 7,,ii7 the ,federal share of the cost of an individual project in this subsection may be up to #ajj percent4 7ii7 ,aggregate non-,federal share ,the average annual non-,federal share of the total cost of all projects for which funds are obligated under this subsection in a ,state for a fiscal year shall be not less than the non-,federal share authorized for the ,state under section #abj7;b74 7iii7 ,requirement ,this subparagraph shall only apply to a ,state if such ,state has adequate financial controls1 as certified by the ,secretary1 to account for the average annual non-,federal share under this subparagraph4 7,b7 ,safety projects ,notwithstanding section #abj1 funds made available to carry out section #adh may be credited toward the non-,federal share of the costs of a project under this subsection if the project-- 7i7 is a project described in section #adh7;e77#a72 and 7ii7 is consistent with the ,state strategic highway safety plan 7as defined in section #adh7;a774 7#h7 ,flexibility 7,a7 ,state authority 7i7 ,in general ,a ,state may use not more than #ej percent of the funds set aside under this subsection that are available for obligation in any area of the ,state 7suballocated consistent with the requirements of subsection 7d77#a77;,b77 for any purpose eligible under subsection 7b74 7ii7 ,restriction ,funds may be used as described in clause 7i7 only if the ,state demonstrates to the ,secretary that the ,state-- 7,i7 held a competition in compliance with the requirements of this subsection in such form as the ,secretary determines appropriate2 7,,ii7 offered technical assistance to all eligible entities and provided such assistance upon request by an eligible entity2 and 7,,iii7 demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause 7i74 7,b7 ,,mpo authority 7i7 ,in general ,a metropolitan planning organization that represents an urbanized area with a population of greater than #bjj1jjj may use not more than #ej percent of the funds set aside under this subsection for an urbanized area described in subsection 7d77#a77;,a77i7 for any purpose eligible under subsection 7b74 7ii7 ,restriction ,funds may be used as described in clause 7i7 only if the ,secretary certifies that the metropolitan planning organization-- 7,i7 held a competition in compliance with the requirements of this subsection in such form as the ,secretary determines appropriate2 and 7,,ii7 demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause 7i74 7#i7 ,annual reports 7,a7 ,in general ,each ,state or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the ,secretary an annual report that describes-- 7i7 the number of project applications received for each fiscal year1 including-- 7,i7 the aggregate cost of the projects for which applications are received2 and 7,,ii7 the types of projects to be carried out1 expressed as percentages of the total apportionment of the ,state under this subsection2 and 7ii7 the list of each project selected for funding for each fiscal year1 including specifying the fiscal year for which the project was selected1 the fiscal year in which the project is anticipated to be funded1 the recipient1 the location1 the type1 and a brief description4 7,b7 ,public availability ,the ,secretary shall make available to the public1 in a user-friendly format on the website of the ,department of ,transportation1 a copy of each annual report submitted under subparagraph 7,a74 4 #abjg4 ,bridge investment 7a7 ,in general ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by striking ,national bridge and tunnel inventory and inspection standards and inserting ,bridges and tunnels2 7#b7 in subsection 7a77#a77;,b7 by striking deficient2 7#c7 in subsection 7b77#e7 by striking structurally deficient bridge and inserting bridge classified as in poor condition2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b7 by striking ,not later than #b years after the date of enactment of the ,,map-#ba1 each and inserting ,each2 and 7,b7 by striking paragraph 7#d72 7#e7 in subsection 7j7-- 7,a7 in paragraph 7#b7 by inserting 1 #abd1 after section #aai2 7,b7 in paragraph 7#c77;,a7 by inserting 1 #abd1 after section #aai2 and 7,c7 in paragraph 7#e7 by striking financial characteristics and all that follows through the end and inserting ,federal share42 and 7#f7 by adding at the end the following3 7l7 ,highway bridge replacement and rehabilitation 7#a7 ,goals ,the goals of this subsection shall be to-- 7,a7 support the achievement of a state of good repair for the ,nation's bridges2 7,b7 improve the safety1 efficiency1 and reliability of the movement of people and freight over bridges2 and 7,c7 improve the condition of bridges in the ,united ,states by reducing-- 7i7 the number of bridges-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition2 7ii7 the total person miles traveled over bridges-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition2 7iii7 the number of bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network2 and 7iv7 the total person miles traveled over bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network4 7#b7 ,bridges on public roads 7,a7 ,minimum bridge investment ,excluding the amounts described in subparagraph 7,c71 of the total funds apportioned to a ,state under paragraphs 7#a7 and 7#b7 of section #ajd7;b7 for fiscal years #bjbb to #bjbe1 a ,state shall obligate not less than #bj percent for projects described in subparagraph 7,e74 7,b7 ,program flexibility ,a ,state required to obligate funds under subparagraph 7,a7 may use any combination of funds apportioned to a ,state under paragraphs 7#a7 and 7#b7 of section #ajd7;b74 7,c7 ,limitation ,amounts described below may not be used for the purposes of calculating or meeting the minimum bridge investment requirement under subparagraph 7,a7-- 7i7 amounts described in section #acc7;d77#a77;,a72 7ii7 amounts set aside under section #acc7;h72 and 7iii7 amounts described in section #eje7;a74 7,d7 ,rule of construction ,nothing in this section shall be construed to prohibit the expenditure of funds described in subparagraph 7,c7 for bridge projects eligible under such section4 7,e7 ,eligible projects ,funds required to be obligated in accordance with paragraph 7#b77;,a7 may be obligated for projects or activities that-- 7i7 are otherwise eligible under either section #aai or section #acc1 as applicable2 7ii7 support the achievement of performance targets of the ,state established under section #aej or provide support for the condition and performance of bridges on public roads within the ,state2 and 7iii7 replace1 reconstruct1 rehabilitate1 preserve1 or protect a bridge included on the national bridge inventory authorized by subsection 7b71 including through-- 7,i7 seismic retrofits2 7,,ii7 systematic preventive maintenance2 7,,iii7 installation of scour countermeasures2 7,,iv7 the use of innovative materials that extend the service life of the bridge and reduce preservation costs1 as compared to conventionally designed and constructed bridges2 7,v7 the use of nontraditional production techniques1 including factory prefabrication2 7,,vi7 painting for purposes of bridge protection2 7,,vii7 application of calcium magnesium acetate1 sodium acetate_/formate1 or other environmentally acceptable1 minimally corrosive anti-icing and deicing compositions2 7,,viii7 corrosion control2 7,,ix7 construction of protective features 7including natural infrastructure7 alone or in combination with other activities eligible under this paragraph to enhance resilience of a bridge2 7,x7 bridge security countermeasures2 7,,xi7 impact protection measures for bridges2 7,,xii7 inspection and evaluation of bridges2 and 7,,xiii7 training for bridge inspectors consistent with subsection 7i74 7,f7 ,bundles of projects ,a ,state may use a bundle of projects as described in subsection 7j7 to satisfy the requirements of subparagraph 7,a71 if each project in the bundle is otherwise eligible under subparagraph 7,e74 7,g7 ,flexibility ,the ,secretary may1 at the request of a ,state1 reduce the required obligation under subparagraph 7,a7 if-- 7i7 the reduction is consistent with a ,state's asset management plan for the ,national ,highway ,system2 7ii7 the reduction will not limit a ,state's ability to meet its performance targets under section #aej or to improve the condition and performance of bridges on public roads within the ,state2 and 7iii7 the ,state demonstrates that it has inadequate needs to justify the expenditure4 7,h7 ,bridge investment report ,the ,secretary shall annually publish on the website of the ,department of ,transportation a bridge investment report that includes-- 7i7 the total ,federal funding obligated for bridge projects in the most recent fiscal year1 on a ,state-by-,state basis and broken out by ,federal program2 7ii7 the total ,federal funding obligated1 on a ,state-by-,state basis and broken out by ,federal program1 for bridge projects carried out pursuant to the minimum bridge investment requirements under subparagraph 7,a72 7iii7 the progress made by each ,state toward meeting the minimum bridge investment requirement under subparagraph 7,a7 for such ,state1 both cumulatively and for the most recent fiscal year2 7iv7 a summary of-- 7,i7 each request made under subparagraph 7,g7 by a ,state for a reduction in the minimum bridge investment requirement under subparagraph 7,a72 and 7,,ii7 for each request described in subclause 7,i7 that is granted by the ,secretary-- 7aa7 the percentage and dollar amount of the reduction2 and 7bb7 an explanation of how the ,state met each of the criteria described in subparagraph 7,g72 and 7v7 a summary of-- 7,i7 each request made by a ,state for a reduction in the obligation requirements under section #acc7;f72 and 7,,ii7 for each request that is granted by the ,secretary-- 7aa7 the percentage and dollar amount of the reduction2 and 7bb7 an explanation of how the ,secretary made the determination under section #acc7;f77#b77;,b74 7,i7 ,off-system bridges ,a ,state may apply amounts obligated under this subsection or section #acc7;f77#b77;,a7 to the obligation requirements of both this subsection and section #acc7;f74 7,j7 ,,nhs penalty ,a ,state may apply amounts obligated under this subsection or section #aai7;f77#b7 to the obligation requirements of both this subsection and section #aai7;f77#b74 7,k7 ,compliance ,if a ,state fails to satisfy the requirements of subparagraph 7,a7 by the end of fiscal year #bjbe1 the ,secretary may subject the ,state to appropriate program sanctions under section #a4cf of title #bc1 ,code of ,federal ,regulations 7or successor regulations74 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #add and inserting the following3 #add4 ,bridges and tunnels4 4 #abjh4 ,construction of ferry boats and ferry terminal facilities ,section #adg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7h72 and 7#b7 by redesignating subsections 7i7 and 7j7 as subsections 7h7 and 7i71 respectively4 #abji4 ,highway safety improvement program 7a7 ,in general ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d77;,b7-- 7i7 by striking only includes a project and inserting includes a project2 7ii7 in clause 7xiii7 by inserting 1 including the development of a vulnerable road user safety assessment or a vision zero plan under section #afja of the ,,invest in ,america ,act after safety planning2 7iii7 by amending clause 7xviii7 to read as follows3 7xviii7 ,safe routes to school infrastructure-related projects eligible under section #baa4 2 7iv7 in clause 7xxvi7 by inserting or leading pedestrian intervals after hybrid beacons2 and 7v7 by striking clause 7xxviii7 and inserting the following3 7xxviii7 ,a pedestrian security feature designed to slow or stop a motor vehicle4 7xxix7 ,installation of infrastructure improvements1 including sidewalks1 crosswalks1 signage1 and bus stop shelters or protected waiting areas4 2 7,b7 in paragraph 7#aa7-- 7i7 in subparagraph 7,e7 by inserting ,tribal1 after ,state12 7ii7 by redesignating subparagraphs 7,g71 7,h71 and 7,i7 as subparagraphs 7,h71 7,i71 and 7,j71 respectively2 and 7iii7 by inserting after subparagraph 7,f7 the following3 7,g7 includes a vulnerable road user safety assessment described under paragraph 7#af72 2 7,c7 by redesignating paragraphs 7#aj71 7#aa71 and 7#ab7 as paragraphs 7#ab71 7#ac71 and 7#ad71 respectively2 7,d7 by inserting after paragraph 7#i7 the following3 7#aj7 ,safe system approach ,the term safe system approach means a roadway design that emphasizes minimizing the risk of injury or fatality to road users and that-- 7,a7 takes into consideration the possibility and likelihood of human error2 7,b7 accommodates human injury tolerance by taking into consideration likely accident types1 resulting impact forces1 and the human body's ability to withstand such forces2 and 7,c7 takes into consideration vulnerable road users4 7#aa7 ,specified safety project 7,a7 ,in general ,the term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the ,state strategic highway safety plan4 7,b7 ,inclusion ,the term specified safety project includes a project that-- 7i7 promotes public awareness and informs the public regarding highway safety matters 7including safety for motorcyclists1 bicyclists1 pedestrians1 individuals with disabilities1 and other road users72 7ii7 facilitates enforcement of traffic safety laws2 7iii7 provides infrastructure and infrastructure-related equipment to support emergency services2 7iv7 conducts safety-related research to evaluate experimental safety countermeasures or equipment2 or 7v7 supports safe routes to school noninfrastructure-related activities described under section #baa7;e77#b74 2 and 7,e7 by adding at the end the following3 7#ae7 ,vulnerable road user ,the term vulnerable road user means a nonmotorist-- 7,a7 with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section #dij4bje of title #bc1 ,code of ,federal ,regulations 7or successor regulation72 or 7,b7 described in the term number of non-motorized serious injuries in such section4 7#af7 ,vulnerable road user safety assessment ,the term vulnerable road user safety assessment means an assessment of the safety performance of the ,state with respect to vulnerable road users and the plan of the ,state to improve the safety of vulnerable road users described in subsection 7l74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking 7a77#aa7 and inserting 7a77#ac72 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77vi7 by inserting 1 consistent with the vulnerable road user safety assessment after nonmotorized crashes2 7ii7 in subparagraph 7,b77i7-- 7,i7 by inserting 1 consistent with a safe system approach1 after identify2 7,,ii7 by inserting excessive design speeds and speed limits1 after crossing needs12 and 7,,iii7 by striking motorists 7including motorcyclists71 bicyclists1 pedestrians1 and other highway users and inserting road users2 and 7iii7 in subparagraph 7,d77iii7 by striking motorists 7including motorcyclists71 bicyclists1 pedestrians1 persons with disabilities1 and other highway users and inserting road users2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by striking ,not later than #a year after the date of enactment of the ,,map-#ba1 the and inserting ,the2 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7iv7 by inserting and serious injury after fatality2 7,,ii7 in clause 7vii7 by striking 2 and and inserting a semicolon2 7,,iii7 by redesignating clause 7viii7 as clause 7ix72 and 7,,iv7 by inserting after clause 7vii7 the following3 7viii7 the findings of a vulnerable road user safety assessment of the ,state2 and 2 and 7,b7 in paragraph 7#b77;,b77i7 by striking subsection 7a77#aa7 and inserting subsection 7a77#ac72 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a77;,c7 by striking 1 without regard to whether the project is included in an applicable ,state strategic highway safety plan2 and 7,b7 by adding at the end the following3 7#c7 ,flexible funding for specified safety projects 7,a7 ,in general ,to advance the implementation of a ,state strategic highway safety plan1 a ,state may use not more than #aj percent of the amounts apportioned to the ,state under section #ajd7;b77#c7 for a fiscal year to carry out specified safety projects4 7,b7 ,rule of statutory construction ,nothing in this paragraph shall be construed to require a ,state to revise any ,state process1 plan1 or program in effect on the date of enactment of this paragraph4 7,c7 ,effect of paragraph 7i7 ,requirements ,a project funded under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project4 7ii7 ,other apportioned programs ,subparagraph 7,a7 shall not apply to amounts that may be obligated for noninfrastructure projects apportioned under any other paragraph of section #ajd7;b74 2 7#e7 in subsection 7g7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,high-risk rural road safety 7,a7 ,in general ,if a ,state determines that the fatality rate on rural roads in such ,state for the most recent #b-year period for which data are available exceeds the median fatality rate for rural roads among all ,states1 that ,state shall be required to-- 7i7 obligate over the #b fiscal years following the fiscal year in which such determination is made for projects on high-risk rural roads an amount not less than #g4e percent of the amounts apportioned to the ,state under section #ajd7;b77#c7 for fiscal year #bjbj2 and 7ii7 include1 in the subsequent update to the ,state strategic highway safety plan1 strategies to reduce the fatality rate4 7,b7 ,source of funds ,any amounts obligated under subparagraph 7,a7 shall be from amounts apportioned under section #ajd7;b77#b7 7from the portion of such funds that are available for obligation in any area of the ,state74 7,c7 ,consultation ,in carrying out a project with an amount obligated under subparagraph 7,a71 a ,state shall consult with1 as applicable1 local governments1 metropolitan planning organizations1 and regional transportation planning organizations4 2 7,b7 in paragraph 7#b7-- 7i7 in the heading by striking drivers and inserting road users2 and 7ii7 by striking address the increases in and inserting reduce2 and 7,c7 by adding at the end the following3 7#c7 ,vulnerable road user safety 7,a7 ,in general ,beginning #b years after the date of enactment of the ,,invest in ,america ,act1 if a ,state determines that the number of vulnerable road user fatalities and serious injuries per capita in such ,state over the most recent #b-year period for which data are available exceeds the median number of such fatalities and serious injuries among all ,states1 that ,state shall be required to obligate over the #b fiscal years following the fiscal year in which such determination is made an amount that is not less than #ej percent of the amount set aside in such ,state under section #acc7;h77#a7 for fiscal year #bjbj for projects identified in the program of projects described in subsection 7l77#b77;,c74 7,b7 ,source of funds ,any amounts obligated under subparagraph 7,a7 shall be from amounts apportioned under section #ajd7;b77#b7 7from the portion of such funds that are available for obligation in any area of the ,state74 2 7#f7 in subsection 7h77#a77;,a7 by inserting 1 including any efforts to reduce vehicle speed after under this section2 and 7#g7 by adding at the end the following3 7l7 ,vulnerable road user safety assessment 7#a7 ,in general ,not later than #b years after date of enactment of the ,,invest in ,america ,act1 each ,state shall create a vulnerable road user safety assessment4 7#b7 ,contents ,a vulnerable road user safety assessment required under paragraph 7#a7 shall include-- 7,a7 a description of the location within the ,state of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location2 7,b7 a description of any corridors identified by a ,state that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors2 and 7,c7 a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph 7,b74 7#c7 ,analysis ,in creating a vulnerable road user safety assessment under this subsection1 a ,state shall assess the last #e years of available data4 7#d7 ,requirements ,in creating a vulnerable road user safety assessment under this subsection1 a ,state shall-- 7,a7 take into consideration a safe system approach2 and 7,b7 consult with local governments1 metropolitan planning organizations1 and regional transportation planning organizations that represent a high-risk area identified under paragraph 7#b77;,b74 7#e7 ,update ,a ,state shall update a vulnerable road user safety assessment on the same schedule as the ,state updates the ,state strategic highway safety plan4 7#f7 ,transportation system access ,the program of projects developed under paragraph 7#b77;,c7 may not degrade transportation system access for vulnerable road users4 4 7b7 ,technical amendment ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading for subsection 7a77#h7 by striking ,road users and inserting ,road user2 and 7#b7 in subsection 7i77#b77;,d7 by striking safety safety and inserting safety4 7c7 ,high-risk rural roads 7#a7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall update the study described in paragraph 7#a7 of section #aaab7;b7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note74 7#b7 ,publication of report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall publish on the website of the ,department of ,transportation an updated report of the report described in paragraph 7#b7 of section #aaab7;b7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note74 7#c7 ,best practices manual ,not later than #ahj days after the date of submission of the report described in paragraph 7#b71 the ,secretary shall update the best practices manual described in section #aaab7;b77#c7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note74 #abaj4 ,congestion mitigation and air quality improvement program ,section #adi of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,a77ii7 by striking subsection 7h7 and inserting subsection 7i72 7,b7 in paragraph 7#g7 by inserting shared micromobility 7including bikesharing and shared scooter systems71 after carsharing12 7,c7 in paragraph 7#h77;,b7 by striking 2 or and inserting a semicolon2 7,d7 in paragraph 7#i7 by striking the period and inserting 2 or2 and 7,e7 by adding at the end the following3 7#aj7 if the project or program mitigates seasonal or temporary traffic congestion from long-haul travel or tourism4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b7-- 7i7 in the heading by inserting 1 hydrogen vehicle1 after ,electric vehicle2 7ii7 by inserting hydrogen or after charging stations or2 and 7iii7 by inserting 1 hydrogen-powered1 after battery powered2 and 7,b7 in paragraph 7#c7 by inserting 1 and is consistent with section #aff after travel times2 and 7#c7 by striking subsection 7m7 and inserting the following3 7m7 ,operating assistance 7#a7 ,projects ,a ,state may obligate funds apportioned under section #ajd7;b77#d7 in an area of such ,state that is otherwise eligible for obligations of such funds for operating costs under chapter #ec of title #di or on a system for which ,,cmaq funding was made available1 obligated1 or expended in fiscal year #bjab1 or1 notwithstanding subsection 7b71 on a ,state-supported ,amtrak route with a cost-sharing agreement under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh4 7#b7 ,time limitation ,funds obligated under paragraph 7#a7 shall have-- 7,a7 a time limitation of not less than #c years2 and 7,b7 in the case of projects that demonstrate continued net air quality benefits1 as determined annually by the ,secretary in consultation with the ,administrator of the ,environmental ,protection ,agency1 no imposed time limitation4 4 #abaa4 ,electric vehicle charging stations 7a7 ,electric vehicle charging stations ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #aed the following new section3 #aee4 ,electric vehicle charging stations 7a7 ,in general ,any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section4 7b7 ,interoperability 7#a7 ,in general ,electric vehicle charging stations shall provide1 at a minimum1 the following charging connector types3 7,a7 ,,ccs4 7,b7 ,c,h,ade,m,o4 7#b7 ,savings clause ,nothing in this subsection shall prevent the use of charging types other than the connectors described in paragraph 7#a7 if1 at a minimum1 such connectors meet applicable industry standards and are compatible with a majority of electric vehicles in operation4 7c7 ,open access to payment ,electric vehicle charging stations shall provide payment methods available to all members of the public to ensure secure1 convenient1 and equal access and shall not be limited by membership to a particular payment provider4 7d7 ,treatment of projects ,notwithstanding any other provision of law1 any project to install electric vehicle charging infrastructure shall be treated as if the project is located on a ,federal-aid highway4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #aed the following new item3 #aee4 ,electric vehicle charging stations4 4 7c7 ,electric vehicle charging signage ,the ,secretary of ,transportation shall update the ,manual on ,uniform ,traffic ,control ,devices to-- 7#a7 ensure uniformity in providing road users direction to electric charging stations that are open to the public2 and 7#b7 allow the use of ,specific ,service signs for electric vehicle charging station providers4 #abab4 ,national highway freight program ,section #afg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#f7 by striking 2 and and inserting a semicolon2 and 7,b7 by striking paragraph 7#g7 and inserting the following3 7#g7 to reduce the environmental impacts of freight movement on the ,national ,highway ,freight ,network1 including-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution2 7,c7 minimizing1 capturing1 or treating stormwater runoff and addressing other adverse impacts to water quality2 and 7,d7 wildlife habitat loss2 and 7#h7 to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors4 2 7#b7 in subsection 7e7 by adding at the end the following3 7#c7 ,additional mileage ,notwithstanding paragraph 7#b71 a ,state that has designated at least #ij percent of its maximum mileage described in paragraph 7#b7 may designate up to an additional #aej miles of critical rural freight corridors4 2 7#c7 in subsection 7f7 by adding at the end the following3 7#e7 ,additional mileage ,notwithstanding paragraph 7#d71 a ,state that has designated at least #ij percent of its maximum mileage described in paragraph 7#d7 may designate up to an additional #ge miles of critical urban freight corridors under paragraphs 7#a7 and 7#b74 2 7#d7 in subsection 7h7 by striking ,not later than and all that follows through shall prepare and inserting ,as part of the report required under section #ejc7;b77#h71 the ,administrator shall biennially prepare2 7#e7 in subsection 7i7-- 7,a7 by striking paragraphs 7#b7 and 7#c72 7,b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,freight planning ,notwithstanding any other provision of law1 a ,state may not obligate funds apportioned to the ,state under section #ajd7;b77#e7 unless the ,state has developed1 updated1 or amended1 as applicable1 a freight plan in accordance with section #gjbjb of title #di4 2 7,c7 in paragraph 7#e7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,limitation ,the ,federal share of a project described in subparagraph 7,c77xxiii7 shall fund only elements of such project that provide public benefits4 2 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7iii7 by inserting and freight management and operations systems after freight transportation systems2 and 7,,ii7 by amending clause 7xxiii7 to read as follows3 7xxiii7 ,freight intermodal or freight rail projects1 including-- 7,i7 projects within the boundaries of public or private freight rail or water facilities 7including ports72 7,,ii7 projects that provide surface transportation infrastructure necessary to facilitate direct intermodal interchange1 transfer1 and access into or out of the facility2 and 7,,iii7 any other surface transportation project to improve the flow of freight into or out of a facility described in subclause 7,i7 or 7,,ii74 2 7,d7 in paragraph 7#f7 by striking paragraph 7#e7 and inserting paragraph 7#c72 and 7,e7 by redesignating paragraphs 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#b71 7#c71 7#d71 and 7#e71 respectively2 and 7#f7 in subsection 7k77#a77;,a77ii7 by striking ports-of entry and inserting ports-of-entry4 #abac4 ,carbon pollution reduction 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,carbon pollution reduction 7a7 ,establishment ,the ,secretary shall establish a carbon pollution reduction program to support the reduction of greenhouse gas emissions from the surface transportation system4 7b7 ,eligible projects ,a project is eligible for funding under this section if such project-- 7#a7 is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system2 7#b7 will help a ,state meet the greenhouse gas emissions performance targets established under section #aej7;c77#g72 and 7#c7 is eligible for assistance under this title or under chapter #ec of title #di2 or 7#d7 is a capital project1 as such term is defined in section #bbijf of title #di1 to improve intercity rail passenger transportation1 provided that the project will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads4 7c7 ,guidance ,the ,secretary shall issue guidance on methods of determining the reduction of single occupant vehicle trips and improvement of mobility on public roads as those factors relate to intercity rail passenger transportation projects under subsection 7b77#d74 7d7 ,operating expenses ,with respect to funds provided for an eligible project under this section1 a ,state may use not more than #aj percent of such funds for operating expenses relating to such project if such project is for public transportation1 passenger rail1 or transportation systems management and operations4 7e7 ,single-,occupancy vehicle highway facilities ,none of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility and is consistent with section #aff4 7f7 ,evaluation 7#a7 ,in general ,the ,secretary shall annually evaluate the progress of each ,state in carrying out the program under this section by comparing the percent change in carbon dioxide emissions per capita on public roads in the ,state calculated as-- 7,a7 the annual carbon dioxide emissions per capita on public roads in the ,state for the most recent year for which there is data2 divided by 7,b7 the average annual carbon dioxide emissions per capita on public roads in the ,state in calendar years #bjae through #bjai4 7#b7 ,measures ,in conducting the evaluation under paragraph 7#a71 the ,secretary shall-- 7,a7 prior to the effective date of the greenhouse gas performance measures under section #aej7;c77#g71 use such data as are available1 which may include data on motor fuels usage published by the ,federal ,highway ,administration and information on emissions factors or coefficients published by the ,energy ,information ,administration of the ,department of ,energy2 and 7,b7 following the effective date of the greenhouse gas performance measures under section #aej7;c77#g71 use such measures4 7g7 ,progress report ,the ,secretary shall annually issue a carbon pollution reduction progress report1 to be made publicly available on the website of the ,department of ,transportation1 that includes-- 7#a7 the results of the evaluation under subsection 7f7 for each ,state2 and 7#b7 a ranking of all the ,states by the criteria under subsection 7f71 with the ,states that1 for the year covered by such report1 have the largest percentage reduction in annual carbon dioxide emissions per capita on public roads being ranked the highest4 7h7 ,high-,performing ,states 7#a7 ,designation ,for purposes of this section1 each ,state that is #a of the #ae highest ranked ,states1 as determined under subsection 7g77#b71 and that achieves a reduction in carbon dioxide emissions per capita on public roads1 as determined by the evaluation in subsection 7f71 shall be designated as a high-performing ,state for the following fiscal year4 7#b7 ,use of funds ,for each ,state that is designated as a high-performing ,state under paragraph 7#a7-- 7,a7 notwithstanding section #abj1 the ,state may use funds made available under this title to pay the non-,federal share of a project under this section during any year for which such ,state is designated as a high-performing ,state2 and 7,b7 notwithstanding section #abf1 the ,state may transfer up to #ej percent of funds apportioned under section #ajd7;b77#i7 to the program under section #ajd7;b77#b7 in any year for which such ,state is designated as a high-performing ,state4 7#c7 ,transfer ,for each ,state that is #a of the #ae lowest ranked ,states1 as determined under subsection 7g77#b71 the ,secretary shall transfer #aj percent of the amount apportioned to the ,state under section #ajd7;b77#b7 in the fiscal year following the year in which the ,state is so ranked1 not including amounts set aside under section #acc7;d77#a77;,a7 and under section #acc7;h7 or #eje7;a71 to the apportionment of the ,state under section #ajd7;b77#i74 7#d7 ,limitation ,the ,secretary shall not conduct a transfer under paragraph 7#c7-- 7,a7 until the first fiscal year following the effective date of greenhouse gas performance measures under section #aej7;c77#g72 and 7,b7 with respect to a ,state in any fiscal year following the year in which such ,state achieves a reduction in carbon dioxide emissions per capita on public roads in such year as determined by the evaluation under subsection 7f74 7i7 ,report ,not later than #b years after the date of enactment of this section and periodically thereafter1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall issue a report-- 7#a7 detailing1 based on the best available science1 what types of projects eligible for assistance under this section are expected to provide the most significant greenhouse gas emissions reductions from the surface transportation sector2 and 7#b7 detailing1 based on the best available science1 what types of projects eligible for assistance under this section are not expected to provide significant greenhouse gas emissions reductions from the surface transportation sector4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following new item3 #aga4 ,carbon pollution reduction4 4 #abad4 ,recreational trails ,section #bjf of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,use of other apportioned funds ,funds apportioned to a ,state under section #ajd7;b7 that are obligated for recreational trails and related projects shall be administered as if such funds were made available for purposes described under this section4 4 #abae4 ,safe routes to school program 7a7 ,in general ,chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after section #baj the following3 #baa4 ,safe routes to school program 7a7 ,program ,the ,secretary shall carry out a safe routes to school program for the benefit of children in primary1 middle1 and high schools4 7b7 ,purposes ,the purposes of the program shall be-- 7#a7 to enable and encourage children1 including those with disabilities1 to walk and bicycle to school2 7#b7 to make bicycling and walking to school a safer and more appealing transportation alternative1 thereby encouraging a healthy and active lifestyle from an early age2 and 7#c7 to facilitate the planning1 development1 and implementation of projects and activities that will improve safety and reduce traffic1 fuel consumption1 and air pollution in the vicinity of schools4 7c7 ,use of funds ,amounts apportioned to a ,state under paragraphs 7#b7 and 7#c7 of section #ajd7;b7 may be used to carry out projects1 programs1 and other activities under this section4 7d7 ,eligible entities ,projects1 programs1 and activities funded under this section may be carried out by eligible entities described under section #acc7;h77#d77;,b7 that demonstrate an ability to meet the requirements of this section4 7e7 ,eligible projects and activities 7#a7 ,infrastructure-related projects 7,a7 ,in general ,a ,state may obligate funds under this section for the planning1 design1 and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school1 including sidewalk improvements1 traffic calming and speed reduction improvements1 pedestrian and bicycle crossing improvements1 on-street bicycle facilities1 off-street bicycle and pedestrian facilities1 secure bicycle parking facilities1 and traffic diversion improvements in the vicinity of schools4 7,b7 ,location of projects ,infrastructure-related projects under subparagraph 7,a7 may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools4 7#b7 ,noninfrastructure-related activities ,in addition to projects described in paragraph 7#a71 a ,state may obligate funds under this section for noninfrastructure-related activities to encourage walking and bicycling to school1 including-- 7,a7 public awareness campaigns and outreach to press and community leaders2 7,b7 traffic education and enforcement in the vicinity of schools2 7,c7 student sessions on bicycle and pedestrian safety1 health1 and environment2 7,d7 programs that address personal safety2 and 7,e7 funding for training1 volunteers1 and managers of safe routes to school programs4 7#c7 ,safe routes to school coordinator ,each ,state receiving an apportionment under paragraphs 7#b7 and 7#c7 of section #ajd7;b7 shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the ,state's safe routes to school program4 7f7 ,federal share ,the ,federal share of the cost of a project1 program1 or activity under this section shall be #ajj percent4 7g7 ,clearinghouse 7#a7 ,in general ,the ,secretary shall maintain a national safe routes to school clearinghouse to-- 7,a7 develop information and educational programs on safe routes to school2 and 7,b7 provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs4 7#b7 ,funding ,the ,secretary shall carry out this subsection using amounts authorized to be appropriated for administrative expenses under section #ajd7;a74 7h7 ,treatment of projects ,notwithstanding any other provision of law1 projects carried out under this section shall be treated as projects on a ,federal-aid highway under chapter #a of this title4 7i7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,in the vicinity of schools ,the term in the vicinity of schools means1 with respect to a school1 the area within bicycling and walking distance of the school 7approximately #b miles74 7#b7 ,primary1 middle1 and high schools ,the term primary1 middle1 and high schools means schools providing education from kindergarten through twelfth grade4 4 7b7 ,technical and conforming amendments 7#a7 ,repeal ,section #adjd of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #abbh-abcj71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7#b7 ,analysis ,the analysis for chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #baj the following3 #baa4 ,safe routes to school program4 4 #abaf4 ,bicycle transportation and pedestrian walkways ,section #bag of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking #ajd7;b77#c7 and inserting #ajd7;b77#d72 and 7,b7 by striking a position and inserting one or more positions2 7#b7 in subsection 7e7 by striking bicycles and inserting pedestrians and bicyclists each place such term appears2 and 7#c7 in subsection 7j7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,electric bicycle ,the term electric bicycle means any bicycle1 tricycle1 or other motorized conveyance-- 7,a7 weighing under #ajj pounds2 7,b7 with a low-powered electric motor2 7,c7 with a top motor-powered speed not in excess of #bj miles per hour2 and 7,d7 that can safely share a bicycle transportation facility with other users of such facility4 4 ,c ,project-,level ,investments #acja4 ,projects of national and regional significance 7a7 ,in general ,section #aag of title #bc1 ,united ,states ,code1 is amended to read as follows3 #aag4 ,projects of national and regional significance 7a7 ,establishment ,the ,secretary shall establish a projects of national and regional significance program under which the ,secretary may make grants to1 and establish multiyear grant agreements with1 eligible entities in accordance with this section4 7b7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,grant amounts and project costs 7#a7 ,in general ,each grant made under this section-- 7,a7 shall be in an amount that is at least #be1jjj1jjj2 and 7,b7 shall be for a project that has eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- 7i7 #ajj1jjj1jjj2 or 7ii7 in the case of a project-- 7,i7 located in #a ,state1 #cj percent of the amount apportioned under this chapter to the ,state in the most recently completed fiscal year2 or 7,,ii7 located in more than #a ,state1 #ej percent of the amount apportioned under this chapter to the participating ,state with the largest apportionment under this chapter in the most recently completed fiscal year4 7#b7 ,large projects ,for a project that has eligible project costs that are reasonably anticipated to equal or exceed #ejj1jjj1jjj1 a grant made under this section-- 7,a7 shall be in an amount sufficient to fully fund the project1 or in the case of a public transportation project1 a minimum operable segment1 in combination with other funding sources1 including non-,federal financial commitment1 identified in the application2 and 7,b7 may be awarded pursuant to the process under subsection 7d71 as necessary based on the amount of the grant4 7d7 ,multiyear grant agreements for large projects 7#a7 ,in general ,a large project that receives a grant under this section may be carried out through a multiyear grant agreement in accordance with this subsection4 7#b7 ,requirements ,a multiyear grant agreement for a large project shall-- 7,a7 establish the terms of participation by the ,federal ,government in the project2 7,b7 establish the amount of ,federal financial assistance for the project2 7,c7 establish a schedule of anticipated ,federal obligations for the project that provides for obligation of the full grant amount by not later than #d fiscal years after the fiscal year in which the initial amount is provided2 and 7,d7 determine the period of time for completing the project1 even if such period extends beyond the period of an authorization4 7#c7 ,special rules 7,a7 ,in general ,a multiyear grant agreement under this subsection-- 7i7 shall obligate an amount of available budget authority specified in law2 and 7ii7 may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law4 7,b7 ,contingent commitment ,a contingent commitment under this subsection is not an obligation of the ,federal ,government under section #aeja of title #ca4 7,c7 ,interest and other financing costs 7i7 ,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 agreement1 except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing4 7ii7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7#d7 ,advance payment ,an eligible entity carrying out a large project under a multiyear grant agreement-- 7,a7 may use funds made available to the eligible entity under this title or title #di for eligible project costs of the large project2 and 7,b7 shall be reimbursed1 at the option of the eligible entity1 for such expenditures from the amount made available under the multiyear grant agreement for the project in that fiscal year or a subsequent fiscal year4 7e7 ,eligible projects 7#a7 ,in general ,the ,secretary may make a grant under this section only for a project that is a project eligible for assistance under this title or chapter #ec of title #di and is-- 7,a7 a bridge project carried out on the ,national ,highway ,system2 7,b7 a project to improve person throughput that is-- 7i7 a highway project carried out on the ,national ,highway ,system2 7ii7 a public transportation project2 or 7iii7 a capital project1 as such term is defined in section #bbijf of title #di1 to improve intercity rail passenger transportation2 or 7,c7 a project to improve freight throughput that is-- 7i7 a highway freight project carried out on the ,national ,highway ,freight ,network established under section #afg or on the ,national ,highway ,system2 7ii7 a freight intermodal1 freight rail1 or railway-highway grade crossing or grade separation project2 or 7iii7 within the boundaries of a public or private freight rail1 water 7including ports71 or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange1 transfer1 or access into or out of the facility4 7#b7 ,limitation 7,a7 ,certain freight projects ,projects described in clauses 7ii7 and 7iii7 of paragraph 7#a77;,c7 may receive a grant under this section only if-- 7i7 the project will make a significant improvement to the movement of freight on the ,national ,highway ,system2 and 7ii7 the ,federal share of the project funds only elements of the project that provide public benefits4 7,b7 ,certain projects for person throughput ,projects described in clauses 7ii7 and 7iii7 of paragraph 7#a77;,b7 may receive a grant under this section only if the project will make a significant improvement in mobility on public roads4 7f7 ,eligible project costs ,an eligible entity receiving a grant under this section may use such grant for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements directly related to improving system performance4 7g7 ,project requirements ,the ,secretary may select a project described under this section for funding under this section only if the ,secretary determines that the project-- 7#a7 generates significant regional or national economic1 mobility1 safety1 resilience1 or environmental benefits2 7#b7 is cost effective2 7#c7 is based on the results of preliminary engineering2 7#d7 has secured or will secure acceptable levels of non-,federal financial commitments1 including-- 7,a7 #a or more stable and dependable sources of funding and financing to construct1 maintain1 and operate the project2 and 7,b7 contingency amounts to cover unanticipated cost increases2 7#e7 cannot be easily and efficiently completed without additional ,federal funding or financial assistance available to the project sponsor1 beyond existing ,federal apportionments2 and 7#f7 is reasonably expected to begin construction not later than #ah months after the date of obligation of funds for the project4 7h7 ,merit criteria and considerations 7#a7 ,merit criteria ,in awarding a grant under this section1 the ,secretary shall evaluate the following merit criteria3 7,a7 ,the extent to which the project supports achieving a state of good repair4 7,b7 ,the level of benefits the project is expected to generate1 including-- 7i7 the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project2 7ii7 reductions in maintenance costs over the life of the asset2 7iii7 safety benefits1 including the reduction of accidents and related costs2 7iv7 improved person or freight throughput1 including congestion reduction and reliability improvements2 7v7 national and regional economic benefits2 7vi7 resilience benefits2 7vii7 environmental benefits1 including reduction in greenhouse gas emissions and air quality benefits2 and 7viii7 benefits to all users of the project1 including pedestrian1 bicycle1 nonvehicular1 railroad1 and public transportation users4 7,c7 ,how the benefits compare to the costs of the project4 7,d7 ,the average number of people or volume of freight1 as applicable1 supported by the project4 7#b7 ,additional considerations ,in awarding a grant under this section1 the ,secretary shall also consider the following3 7,a7 ,whether the project serves an area of persistent poverty4 7,b7 ,whether the project uses innovative technologies1 innovative design and construction techniques1 or pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes and1 if so1 the degree to which such technologies1 techniques1 or materials are used4 7,c7 ,whether the project improves connectivity between modes of transportation moving people or goods in the ,nation or region4 7,d7 ,whether the project provides new or improved connections between at least #b metropolitan areas with a population of at least #ejj1jjj4 7i7 ,project selection 7#a7 ,evaluation ,to evaluate applications for funding under this section1 the ,secretary shall-- 7,a7 determine whether a project is eligible for a grant under this section2 7,b7 evaluate1 through a methodology that is discernible and transparent to the public1 how each application addresses the merit criteria pursuant to subsection 7h72 7,c7 assign a quality rating for each merit criteria for each application based on the evaluation in subparagraph 7,b72 7,d7 ensure that applications receive final consideration by the ,secretary to receive an award under this section only on the basis of such quality ratings and that the ,secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria2 and 7,e7 award grants only to projects rated highly under the evaluation and rating process4 7#b7 ,considerations for large projects ,in awarding a grant for a large project1 the ,secretary shall-- 7,a7 consider the amount of funds available in future fiscal years for the program under this section2 and 7,b7 assume the availability of funds in future fiscal years for the program that extend beyond the period of authorization based on the amount made available for the program in the last fiscal year of the period of authorization4 7#c7 ,geographic distribution ,in awarding grants under this section1 the ,secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years #bjbb through #bjbe4 7#d7 ,publication of methodology 7,a7 ,in general ,prior to the issuance of any notice of funding opportunity for grants under this section1 the ,secretary shall publish and make publicly available on the ,department's website-- 7i7 a detailed explanation of the merit criteria developed under subsection 7h72 7ii7 a description of the evaluation process under this subsection2 and 7iii7 how the ,secretary shall determine whether a project satisfies each of the requirements under subsection 7g74 7,b7 ,updates ,the ,secretary shall update and make publicly available on the website of the ,department of ,transportation such information at any time a revision to the information described in subparagraph 7,a7 is made4 7,c7 ,information required ,the ,secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications1 or a reference to the information on the website of the ,department of ,transportation1 as required by subparagraph 7,a74 7j7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project carried out with a grant under this section may not exceed #fj percent4 7#b7 ,maximum ,federal involvement ,federal assistance other than a grant under this section may be used to satisfy the non-,federal share of the cost of a project for which such a grant is made1 except that the total ,federal assistance provided for a project receiving a grant under this section may not exceed #hj percent of the total project cost4 7k7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of this title to a highway project2 7,b7 the requirements of chapter #ec of title #di to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of this title and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7l7 ,,tifia program ,at the request of an eligible entity under this section1 the ,secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity ,federal credit assistance under chapter #f with respect to the project for which the grant was awarded4 7m7 ,administration ,of the amounts made available to carry out this section1 the ,secretary may use up to #e1jjj1jjj for the costs of administering the program under this section4 7n7 ,technical assistance ,of the amounts made available to carry out this section1 the ,secretary may reserve up to #e1jjj1jjj1jjj to provide technical assistance to eligible entities4 7o7 ,congressional ,review 7#a7 ,notification ,not less than #fj days before making an award under this section1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate-- 7,a7 a list of all applications determined to be eligible for a grant by the ,secretary2 7,b7 the quality ratings assigned to each application pursuant to subsection 7i72 7,c7 a list of applications that received final consideration by the ,secretary to receive an award under this section2 7,d7 each application proposed to be selected for a grant award2 7,e7 proposed grant amounts1 including for each new multiyear grant agreement1 the proposed payout schedule for the project2 and 7,f7 an analysis of the impacts of any large projects proposed to be selected on existing commitments and anticipated funding levels for the next #d fiscal years1 based on information available to the ,secretary at the time of the report4 7#b7 ,committee review ,before the last day of the #fj-;day period described in paragraph 7#a71 each ,committee described in paragraph 7#a7 shall review the ,secretary's list of proposed projects4 7#c7 ,congressional disapproval ,the ,secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the #fj-;day period described in paragraph 7#a74 7p7 ,transparency 7#a7 ,in general ,not later than #cj days after awarding a grant for a project under this section1 the ,secretary shall send to all applicants1 and publish on the website of the ,department of ,transportation-- 7,a7 a summary of each application made to the program for the grant application period2 and 7,b7 the evaluation and justification for the project selection1 including ratings assigned to all applications and a list of applications that received final consideration by the ,secretary to receive an award under this section1 for the grant application period4 7#b7 ,briefing ,the ,secretary shall provide1 at the request of a grant applicant under this section1 the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant4 7q7 ,definitions ,in this section3 7#a7 ,areas of persistent poverty ,the term areas of persistent poverty has the meaning given such term in section #agb7l74 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or a group of ,states2 7,b7 a unit of local government1 including a metropolitan planning organization1 or a group of local governments2 7,c7 a political subdivision of a ,state or local government2 7,d7 a special purpose district or public authority with a transportation function1 including a port authority2 7,e7 a tribal government or a consortium of tribal governments2 7,f7 a ,federal agency eligible to receive funds under section #bja1 #bjc1 or #bjd that applies jointly with a ,state or group of ,states2 and 7,g7 a multistate or multijurisdictional group of entities described in this paragraph4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aag and inserting the following3 #aag4 ,projects of national and regional significance4 4 #acjb4 ,community transportation investment grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 as amended by this title1 is further amended by adding at the end the following3 #agc4 ,community transportation investment grant program 7a7 ,establishment ,the ,secretary shall establish a community transportation investment grant program to improve surface transportation safety1 state of good repair1 accessibility1 and environmental quality through infrastructure investments4 7b7 ,grant authority 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 to eligible entities in accordance with this section4 7#b7 ,grant amount ,the maximum amount of a grant under this section shall be #be1jjj1jjj4 7c7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require4 7d7 ,eligible project costs ,grant amounts for an eligible project carried out under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to such land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7e7 ,rural areas 7#a7 ,in general ,the ,secretary shall reserve not less than #be percent of the amounts made available to carry out this section for projects located in rural areas4 7#b7 ,definition of rural area ,in this subsection1 the term rural area means all areas of a ,state not included in urbanized areas4 7#c7 ,excess funding ,if the ,secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection1 the ,secretary may use such funds for grants for any projects eligible under this section4 7f7 ,evaluation ,to evaluate applications under this section1 the ,secretary shall-- 7#a7 develop a process to objectively evaluate applications on the benefits of the project proposed in such application-- 7,a7 to transportation safety1 including reductions in traffic fatalities and serious injuries2 7,b7 to state of good repair1 including improved condition of bridges and pavements2 7,c7 to transportation system access1 including improved access to jobs and services2 and 7,d7 in reducing greenhouse gas emissions2 7#b7 develop a rating system to assign a numeric value to each application1 based on each of the criteria described in paragraph 7#a72 7#c7 compare the total benefits of each application submitted1 as determined by the rating system developed under paragraph 7#b71 with the costs of such application1 and rank each application based on the results of the comparison2 and 7#d7 ensure that only such applications that are ranked highly based on the results of the comparison conducted under paragraph 7#c7 are considered to receive a grant under this section4 7g7 ,weighting ,in establishing the evaluation process under subsection 7f71 the ,secretary may assign different weights to the criteria developed under subsection 7f77#a7 based on project type1 population served by a project1 and other context-sensitive considerations1 provided that-- 7#a7 each application is rated on all criteria developed under subsection 7f77#a72 and 7#b7 each application has the same possible minimum and maximum rating1 regardless of any differences in the weighting of criteria4 7h7 ,transparency 7#a7 ,publicly available information ,prior to the issuance of any notice of funding opportunity under this section1 the ,secretary shall make publicly available on the website of the ,department of ,transportation a detailed explanation of the evaluation and rating process developed under subsection 7f71 including any differences in the weighting of criteria pursuant to subsection 7g71 if applicable1 and update such website for each revision of the evaluation and rating process4 7#b7 ,notifications to ,congress ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the following written notifications3 7,a7 ,a notification when the ,secretary publishes or updates the information required under paragraph 7#a74 7,b7 ,not later than #cj days prior to the date on which the ,secretary awards a grant under this section1 a notification that includes-- 7i7 the ratings of each application submitted pursuant to subsection 7f77#b72 7ii7 the ranking of each application submitted pursuant to subsection 7f77#c72 and 7iii7 a list of all applications that receive final consideration by the ,secretary to receive an award under this section pursuant to subsection 7f77#d74 7,c7 ,not later than #c business days prior to the date on which the ,secretary announces the award of a grant under this section1 a notification describing each grant to be awarded1 including the amount and the recipient4 7i7 ,technical assistance ,of the amounts made available to carry out this section1 the ,secretary may reserve up to #c1jjj1jjj to provide technical assistance to eligible entities4 7j7 ,administration ,of the amounts made available to carry out this section1 the ,secretary may reserve up to #e1jjj1jjj for the administrative costs of carrying out the program under this section4 7k7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of this title to a highway project2 7,b7 the requirements of chapter #ec of title #di to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of this title and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7l7 ,transparency 7#a7 ,in general ,not later than #cj days after awarding a grant for a project under this section1 the ,secretary shall send to all applicants1 and publish on the website of the ,department of ,transportation-- 7,a7 a summary of each application made to the program for the grant application period2 and 7,b7 the evaluation and justification for the project selection1 including ratings and rankings assigned to all applications and a list of applications that received final consideration by the ,secretary to receive an award under this section1 for the grant application period4 7#b7 ,briefing ,the ,secretary shall provide1 at the request of a grant applicant under this section1 the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant4 7m7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a metropolitan planning organization2 7,b7 a unit of local government2 7,c7 a transit agency2 7,d7 a ,tribal ,government or a consortium of tribal governments2 7,e7 a multijurisdictional group of entities described in this paragraph2 or 7,f7 a ,state that applies for a grant under this section jointly with an entity described in subparagraphs 7,a7 through 7,e74 7#b7 ,eligible project ,the term eligible project means any project eligible under this title or chapter #ec of title #di4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is further amended by adding at the end the following new item3 #agc4 ,community transportation investment grant program4 4 #acjc4 ,grants for charging and fueling infrastructure to modernize and reconnect ,america for the #bast century 7a7 ,purpose ,the purpose of this section is to establish a grant program to strategically deploy electric vehicle charging infrastructure and hydrogen fueling infrastructure along designated alternative fuel corridors that will be accessible to all drivers of electric vehicles and hydrogen vehicles4 7b7 ,grant program ,section #aea of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking ,not later than #a year after the date of enactment of the ,,fast ,act1 the ,secretary shall and inserting ,the ,secretary shall periodically2 7#b7 in subsection 7b77#b7 by inserting previously designated by the ,federal ,highway ,administration or after fueling corridors2 7#c7 in subsection 7d7-- 7,a7 by striking #e years after the date of establishment of the corridors under subsection 7a71 and every #e years thereafter and inserting #ahj days after the date of enactment of the ,,invest in ,america ,act2 and 7,b7 by inserting establish a recurring process to regularly after the ,secretary shall2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a7 by striking 2 and and inserting a semicolon2 7,b7 in paragraph 7#b7-- 7i7 by striking establishes an aspirational goal of achieving and inserting describes efforts to achieve2 and 7ii7 by striking by the end of fiscal year #bjbj4 and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#c7 summarizes best practices and provides guidance1 developed through consultation with the ,secretary of ,energy1 for project development of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 and natural gas fueling infrastructure at the ,state1 tribal1 and local level to allow for the predictable deployment of such infrastructure2 and 7#d7 summarizes the progress and implementation of the grant program under subsection 7f71 including-- 7,a7 a description of how funds awarded through the grant program under subsection 7f7 will aid efforts to achieve strategic deployment of electric vehicle charging infrastructure and hydrogen fueling infrastructure in those corridors2 7,b7 the total number and location of charging stations installed under subsection 7f72 and 7,c7 the total estimated greenhouse gas emissions that have been reduced through the use of electric vehicle charging or hydrogen fueling infrastructure funded under subsection 7f7 using the methodology identified in paragraph 7#c77;,b74 2 and 7#e7 by adding at the end the following3 7f7 ,electric vehicle charging and hydrogen fueling infrastructure grants 7#a7 ,establishment ,not later than #a year after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall establish a grant program to award grants to eligible entities for electric vehicle charging and hydrogen fueling infrastructure projects4 7#b7 ,eligible entity ,an entity eligible to receive a grant under this subsection is-- 7,a7 a ,state or political subdivision of a ,state2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a special purpose district or public authority with a transportation function1 including a port authority2 7,e7 a ,tribal government2 7,f7 an authority1 agency1 or instrumentality of1 or an entity owned by1 #a or more of the entities described in subparagraphs 7,a7 through 7,e72 or 7,g7 a group of entities described in subparagraphs 7,a7 through 7,f74 7#c7 ,application ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary shall require1 including-- 7,a7 a description of-- 7i7 the public accessibility of the charging or fueling infrastructure proposed to be funded with a grant under this subsection1 including-- 7,i7 charging or fueling connector types2 7,,ii7 publicly available information on real-time availability2 and 7,,iii7 payment methods available to all members of the public to ensure secure1 convenient1 fair1 and equal access and not limited by membership to a particular provider2 7ii7 collaborative engagement with the entity with jurisdiction over the roadway and any other relevant stakeholders 7including automobile manufacturers1 utilities1 infrastructure providers1 technology providers1 electric charging and hydrogen fuel providers1 metropolitan planning organizations1 ,states1 ,indian ,tribes1 units of local government1 fleet owners1 fleet managers1 fuel station owners and operators1 labor organizations1 infrastructure construction and component parts suppliers1 and multistate and regional entities7-- 7,i7 to foster enhanced1 coordinated1 public-private or private investment in electric vehicle charging and hydrogen fueling infrastructure2 7,,ii7 to expand deployment of electric vehicle charging or hydrogen fueling infrastructure2 7,,iii7 to protect personal privacy and ensure cybersecurity2 and 7,,iv7 to ensure that a properly trained workforce is available to construct and install electric vehicle charging or hydrogen fueling infrastructure2 7iii7 the location of the station or fueling site1 including consideration of-- 7,i7 the availability of onsite amenities for vehicle operators1 including restrooms or food facilities2 7,,ii7 access in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,,iii7 height and fueling capacity requirements for facilities that charge or refuel large vehicles1 including semitrailer trucks2 and 7,,iv7 appropriate distribution to avoid redundancy and fill charging or fueling gaps2 7iv7 infrastructure installation that can be responsive to technology advancements1 including accommodating autonomous vehicles and future charging methods2 7v7 the long-term operation and maintenance of the electric vehicle charging or hydrogen fueling infrastructure to avoid stranded assets and protect the investment of public funds in such infrastructure2 and 7vi7 in the case of an applicant that is not a ,state department of transportation1 the degree of coordination with the applicable ,state department of transportation2 and 7,b7 an assessment of the estimated greenhouse gas emissions and air pollution from vehicle emissions that will be reduced through the use of electric vehicle charging or hydrogen fueling infrastructure1 which shall be conducted using one standardized methodology or tool as determined by the ,secretary4 7#d7 ,considerations ,in selecting eligible entities to receive a grant under this subsection1 the ,secretary shall-- 7,a7 consider the extent to which the application of the eligible entity would-- 7i7 reduce estimated greenhouse gas emissions and air pollution from vehicle emissions1 weighted by the total ,federal investment in the project2 7ii7 improve alternative fueling corridor networks by-- 7,i7 converting corridor-pending corridors to corridor-ready corridors2 or 7,,ii7 in the case of corridor-ready corridors1 providing additional capacity-- 7aa7 to meet excess demand for charging or fueling infrastructure2 or 7bb7 to reduce congestion at existing charging or fueling infrastructure in high-traffic locations2 7iii7 meet current or anticipated market demands for charging or fueling infrastructure2 7iv7 enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without ,federal assistance2 and 7v7 support a long-term competitive market for electric vehicle charging infrastructure or hydrogen fueling infrastructure that does not significantly impair existing electric vehicle charging or hydrogen fueling infrastructure providers2 and 7,b7 ensure1 to the maximum extent practicable1 geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure or hydrogen fueling infrastructure is available throughout the ,united ,states4 7#e7 ,use of funds 7,a7 ,in general ,any grant made under this subsection shall be-- 7i7 directly related to the charging or fueling of a vehicle2 and 7ii7 only for charging or fueling infrastructure that is open to the general public4 7,b7 ,location of infrastructure 7i7 ,in general ,any electric vehicle charging or hydrogen fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section or by a ,state or group of ,states4 7ii7 ,exception ,notwithstanding clause 7i71 the ,secretary may make a grant for electric vehicle charging infrastructure not on a designated alternative fuel corridor if the applicant demonstrates that the proposed charging infrastructure would expand deployment of electric vehicle charging to a greater number of users than investments on such corridor4 7,c7 ,operating assistance 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 an eligible entity that receives a grant under this subsection may use a portion of the funds for operating costs for the first #e years of operations after the installation of electric vehicle charging or hydrogen fueling infrastructure while the facility transitions to independent system operations4 7ii7 ,inclusion ,operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging or hydrogen fueling infrastructure and service4 7iii7 ,limitation ,operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph 7,a7 to acquire and install electric vehicle charging or hydrogen fueling infrastructure4 7,d7 ,signs 7i7 ,in general ,subject to this paragraph and paragraph 7#f77;,b71 an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install-- 7,i7 traffic control devices located in the right-of-way to provide directional information to electric vehicle charging or hydrogen fueling infrastructure acquired1 installed1 or operated with the grant under this subsection2 and 7,,ii7 on-premises signs to provide information about electric vehicle charging or hydrogen fueling infrastructure acquired1 installed1 or operated with a grant under this subsection4 7ii7 ,requirement ,any traffic control device or on-premises sign acquired1 installed1 or operated with a grant under this subsection shall comply with the ,manual on ,uniform ,traffic ,control ,devices1 if located in the right-of-way4 7,e7 ,revenue ,an eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph 7,f7 may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging or hydrogen fueling infrastructure4 7,f7 ,private entity 7i7 ,in general ,an eligible entity receiving a grant under this subsection may use the funds in accordance with this paragraph to contract with a private entity for installation1 operation1 or maintenance of electric vehicle charging or hydrogen fueling infrastructure4 7ii7 ,inclusion ,an eligible private entity shall include a privately1 publicly1 or cooperatively owned electric utility4 7#f7 ,project requirements 7,a7 ,in general ,notwithstanding any other provision of law1 any project funded by a grant under this subsection shall be treated as a project on a ,federal-aid highway4 7,b7 ,electric vehicle charging projects ,a project for electric vehicle charging infrastructure funded by a grant under this subsection shall be subject to the requirements of section #aee4 7#g7 ,federal share ,the ,federal share of the cost of a project carried out with a grant under this subsection shall not exceed #hj percent of the total project cost4 4 #acjd4 ,community climate innovation grants 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 as amended by this title1 is further amended by inserting after section #aga the following3 #agb4 ,community climate innovation grants 7a7 ,establishment ,the ,secretary shall establish a community climate innovation grant program 7in this section referred to as the ,program7 to make grants1 on a competitive basis1 for locally selected projects that reduce greenhouse gas emissions while improving the mobility1 accessibility1 and connectivity of the surface transportation system4 7b7 ,purpose ,the purpose of the ,program shall be to support communities in reducing greenhouse gas emissions from the surface transportation system4 7c7 ,eligible applicants ,the ,secretary may make grants under the ,program to the following entities3 7#a7 ,a metropolitan planning organization4 7#b7 ,a unit of local government or a group of local governments4 7#c7 ,a subdivision of a local government4 7#d7 ,a transit agency4 7#e7 ,a special purpose district with a transportation function or a port authority4 7#f7 ,a ,tribal government or a consortium of tribal governments4 7#g7 ,a multijurisdictional group of entities described in paragraphs 7#a7 through 7#f74 7d7 ,applications ,to be eligible for a grant under the ,program1 an entity specified in subsection 7c7 shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines appropriate4 7e7 ,eligible projects ,the ,secretary may only provide a grant under the ,program for a project that is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system and-- 7#a7 is a project eligible for assistance under this title or under chapter #ec of title #di2 or 7#b7 is a capital project as defined in section #bbijf of title #di to improve intercity passenger rail that will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads4 7f7 ,eligible uses ,grant amounts received for a project under the ,program may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7g7 ,project prioritization ,in making grants for projects under the ,program1 the ,secretary shall give priority to projects that are expected to yield the most significant reductions in greenhouse gas emissions from the surface transportation system4 7h7 ,additional considerations ,in making grants for projects under the ,program1 the ,secretary shall consider the extent to which-- 7#a7 a project maximizes greenhouse gas reductions in a cost-effective manner2 7#b7 a project reduces dependence on single-occupant vehicle trips or provides additional transportation options2 7#c7 a project improves the connectivity and accessibility of the surface transportation system1 particularly to low- and zero-emission forms of transportation1 including public transportation1 walking1 and bicycling2 7#d7 an applicant has adequately considered or will adequately consider1 including through the opportunity for public comment1 the environmental justice and equity impacts of the project2 7#e7 a project contributes to geographic diversity among grant recipients1 including to achieve a balance between urban1 suburban1 and rural communities2 7#f7 a project serves low-income communities1 including areas of persistent poverty2 and 7#g7 a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes4 7i7 ,funding 7#a7 ,maximum amount ,the maximum amount of a grant under the ,program shall be #be1jjj1jjj4 7#b7 ,technical assistance ,of the amounts made available to carry out the ,program1 the ,secretary may use up to #a percent to provide technical assistance to applicants and potential applicants4 7j7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of this title to a highway project2 7,b7 the requirements of chapter #ec of title #di to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of this title and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7k7 ,single-,occupancy vehicle highway facilities ,none of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high-occupancy vehicle facility and is consistent with section #aff4 7l7 ,definition of areas of persistent poverty ,in this section1 the term areas of persistent poverty means-- 7#a7 any county that has had #bj percent or more of the population of such county living in poverty over the past #cj years1 as measured by the #aiij and #bjjj decennial censuses and the most recent ,small ,area ,income and ,poverty ,estimates2 and 7#b7 any census tract with a poverty rate of at least #bj percent1 as measured by the most recent #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #aga the following3 #agb4 ,community climate innovation grants4 4 #acje4 ,metro performance program 7a7 ,establishment ,the ,secretary of ,transportation shall provide funding to metropolitan planning organizations in accordance with this section to enhance local decision making and control in delivering projects to address local transportation needs4 7b7 ,designation 7#a7 ,in general ,the ,secretary shall designate high-performing metropolitan planning organizations based on the criteria in paragraph 7#c7 to be direct recipients of funds under this section4 7#b7 ,responsibilities ,a direct recipient shall assume1 with respect to the amounts made available under this section1 any responsibility for the oversight of ,federal funds vested in a ,state department of transportation under chapter #a of title #bc1 ,united ,states ,code4 7#c7 ,criteria ,in designating an applicant under this subsection1 the ,secretary shall consider-- 7,a7 the legal1 financial1 and technical capacity of the applicant2 7,b7 the level of coordination between the applicant and-- 7i7 the ,state department of transportation of the ,state or ,states in which the metropolitan planning area represented by the applicant is located2 7ii7 local governments and providers of public transportation within the metropolitan planning area represented by the applicant2 and 7iii7 if more than #a metropolitan planning organization is designated within an urbanized area represented by the applicant1 any other such metropolitan planning organization2 7,c7 in the case of an applicant that represents an urbanized area population of greater than #bjj1jjj1 the effectiveness of project delivery and timely obligation of funds made available under section #acc7;d77#a77;,a77i7 of title #bc1 ,united ,states ,code2 7,d7 if the applicant or a local government within the metropolitan planning area that the applicant represents has been the recipient of a discretionary grant from the ,secretary within the preceding #e years1 the administration of such grant2 7,e7 the extent to which the planning and decision making process of the applicant1 including the long-range transportation plan and the approved transportation improvement program under section #acd of such title1 support-- 7i7 the performance goals established under section #aej7;b7 of such title2 and 7ii7 the achievement of metropolitan or statewide performance targets established under section #aej7;c7 of such title2 and 7,f7 any other criteria established by the ,secretary4 7#d7 ,requirements 7,a7 ,call for nomination ,not later than ,april #a1 #bjbb1 the ,secretary shall publish in the ,federal ,register a notice soliciting applications for designation under this subsection4 7,b7 ,guidance ,the notification under paragraph 7#a7 shall include guidance on the requirements and responsibilities of a direct recipient under this section4 7,c7 ,determination ,the ,secretary shall make all designations under this section for fiscal year #bjbc not later than ,june #a1 #bjbb4 7#e7 ,term ,except as provided in paragraph 7#f71 a designation under this subsection shall-- 7,a7 be for a period of not less than #e years2 and 7,b7 be renewable4 7#f7 ,termination 7,a7 ,in general ,the ,secretary shall establish procedures for the termination of a designation under this subsection4 7,b7 ,considerations ,in establishing procedures under subparagraph 7,a71 the ,secretary shall consider-- 7i7 with respect to projects carried out under this section1 compliance with the requirements of title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code2 and 7ii7 the obligation rate of any funds-- 7,i7 made available under this section2 and 7,,ii7 in the case of a metropolitan planning organization that represents a metropolitan planning area with an urbanized area population of greater than #bjj1jjj1 made available under section #acc7;d77#a77;,a7 of title #bc1 ,united ,states ,code4 7c7 ,use of funds 7#a7 ,eligible projects ,funds made available under this section may be obligated for the purposes described in section #acc7;b7 of title #bc1 ,united ,states ,code4 7#b7 ,administrative expenses and technical assistance ,of the amounts made available under this section1 the ,secretary may set aside not more than #e1jjj1jjj for program management1 oversight1 and technical assistance to direct recipients4 7d7 ,responsibilities of direct recipients 7#a7 ,direct availability of funds ,notwithstanding title #bc1 ,united ,states ,code1 the amounts made available under this section shall be allocated to each direct recipient for obligation4 7#b7 ,project delivery 7,a7 ,in general ,at the request of the direct recipient1 the ,state may collaborate with a project sponsor to ensure delivery of the project and compliance with all applicable ,federal requirements4 7,b7 ,use of funds ,amounts made available under this section may be used to compensate the ,state for costs incurred in providing technical assistance under this paragraph4 7#c7 ,distribution of amounts among direct recipients 7,a7 ,in general ,subject to subparagraph 7,b71 on the first day of the fiscal year for which funds are made available under this section1 the ,secretary shall allocate such funds to each direct recipient as the proportion of the population 7as determined by data collected by the ,bureau of the ,census7 of the urbanized area represented by any #a direct recipient bears to the total population of all of urbanized areas represented by all direct recipients4 7,b7 ,minimum and maximum amounts ,each direct recipient shall receive not less than #aj1jjj1jjj and not more than #ej1jjj1jjj each fiscal year4 7,c7 ,minimum guaranteed amount ,in making a determination whether to designate a metropolitan planning organization as a direct recipient under subsection 7b71 the ,secretary shall ensure that each direct recipient receives the minimum required allocation under subparagraph 7,b74 7,d7 ,additional amounts ,if any amounts remain unallocated after the distribution described in this subsection1 such remaining amounts and an associated amount of obligation limitation shall be made available for the purposes described in clauses 7i7 and 7ii7 of section #acc7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 and distributed among the ,states in proportion to the relative shares of the population 7as determined by data collected by the ,bureau of the ,census7 of the urbanized areas of each ,state bears to the total population of all urbanized areas across all ,states4 7#d7 ,assumption of responsibility of the ,secretary 7,a7 ,in general ,for projects carried out with funds provided under this section1 the direct recipient may assume the responsibilities of the ,secretary under title #bc1 ,united ,states ,code1 for design1 plans1 specifications1 estimates1 contract awards1 and inspections with respect to the projects unless the ,secretary determines that the assumption is not appropriate4 7,b7 ,agreement ,the ,secretary and the direct recipient shall enter into an agreement relating to the extent to which the direct recipient assumes the responsibilities of the ,secretary under this paragraph4 7,c7 ,limitations ,the ,secretary shall retain responsibilities described in subparagraph 7,a7 for any project that the ,secretary determines to be in a high-risk category1 including projects on the ,national ,highway ,system4 7e7 ,expenditure of funds 7#a7 ,consistency with metropolitan planning ,except as otherwise provided in this section1 programming and expenditure of funds for projects under this section shall be consistent with the requirements of section #acd of title #bc1 ,united ,states ,code4 7#b7 ,selection of projects 7,a7 ,in general ,notwithstanding subsections 7j77#e7 and 7k77#d7 of section #acd of such title1 a direct recipient shall select1 from the approved transportation improvement program under section #acd of such title1 all projects described under this section1 including projects on the ,national ,highway ,system4 7,b7 ,eligible projects ,the project selection process described in this subsection shall apply to all federally funded projects within the boundaries of a metropolitan planning area served by a direct recipient that are carried out under this section4 7,c7 ,consultation required ,in selecting a project under this subsection1 the metropolitan planning organization shall consult with-- 7i7 in the case of a highway project1 the ,state and locality in which such project is located2 and 7ii7 in the case of a transit project1 any affected public transportation operator4 7#c7 ,rule of construction ,nothing in this section shall be construed to limit the ability of a direct recipient to partner with a ,state department of transportation or other recipient of ,federal funds under title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code1 to carry out a project4 7f7 ,treatment of funds 7#a7 ,in general ,except as provided in this section1 funds made available to carry out this section shall be treated as funds apportioned under title #bc1 ,united ,states ,code4 7#b7 ,treatment of projects ,notwithstanding any other provision of law1 any project using funds provided under this section shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 7#c7 ,federal share ,the ,federal share of the cost of a project carried out under this section shall be determined in accordance with section #abj of title #bc1 ,united ,states ,code4 7g7 ,report 7#a7 ,direct recipient report ,not later than #fj days after the end of each fiscal year1 each direct recipient shall submit to the ,secretary a report that includes-- 7,a7 a list of projects funded with amounts provided under this section2 7,b7 a description of any obstacles to complete projects or timely obligation of funds2 and 7,c7 recommendations to improve the effectiveness of the program under this section4 7#b7 ,report to ,congress ,not later than ,october #a1 #bjbd1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7,a7 summarizes the findings of each direct recipient provided under paragraph 7#a72 7,b7 describes the efforts undertaken by both direct recipients and the ,secretary to ensure compliance with the requirements of title #bc and chapter #ec of title #di1 ,united ,states ,code2 7,c7 analyzes the capacity of direct recipients to receive direct allocations of funds under chapter #a of title #bc1 ,united ,states ,code2 and 7,d7 provides recommendations from the ,secretary to-- 7i7 improve the administration1 oversight1 and performance of the program established under this section2 7ii7 improve the effectiveness of direct recipients to complete projects and obligate funds in a timely manner2 and 7iii7 evaluate options to expand the authority provided under this section1 including to allow for the direct allocation to metropolitan planning organizations of funds made available to carry out clause 7i7 or 7ii7 of section #acc7;d77#a77;,a7 of title #bc1 ,united ,states ,code4 7#c7 ,update ,not less frequently than every #b years1 the ,secretary shall update the report described in paragraph 7#b74 7h7 ,definitions 7#a7 ,direct recipient ,in this section1 the term direct recipient means a metropolitan planning organization designated by the ,secretary as high-performing under subsection 7b7 and that was directly allocated funds as described in subsection 7d74 7#b7 ,metropolitan planning area ,the term metropolitan planning area has the meaning given such term in section #acd of title #bc1 ,united ,states ,code4 7#c7 ,metropolitan planning organization ,the term metropolitan planning organization has the meaning given such term in section #acd of title #bc1 ,united ,states ,code4 7#d7 ,national ,highway ,system ,the term ,national ,highway ,system has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#e7 ,state ,the term ,state has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#f7 ,urbanized area ,the term urbanized area has the meaning given such term in section #acd of title #bc1 ,united ,states ,code4 #acjf4 ,gridlock reduction grant program 7a7 ,establishment ,the ,secretary of ,transportation shall establish a gridlock reduction program to make grants1 on a competitive basis1 for projects to reduce1 and mitigate the adverse impacts of1 traffic congestion4 7b7 ,applications ,to be eligible for a grant under this section1 an applicant shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines appropriate4 7c7 ,eligible ,applicants ,the ,secretary may make grants under this section to an applicant that is serving an urbanized area1 as designated by the ,bureau of the ,census1 with a population of not less than #a1jjj1jjj and that is-- 7#a7 a metropolitan planning organization2 7#b7 a unit of local government or a group of local governments2 7#c7 a multijurisdictional group of entities described in paragraphs 7#a7 and 7#b72 or 7#d7 a ,state that is in partnership with an entity described in paragraph 7#a71 7#b71 or 7#c74 7d7 ,eligible ,projects ,the ,secretary may award grants under this section to applicants that submit a comprehensive program of surface transportation-related projects to reduce traffic congestion and related adverse impacts1 including a project for #a or more of the following3 7#a7 ,transportation systems management and operations4 7#b7 ,intelligent transportation systems4 7#c7 ,real-time traveler information4 7#d7 ,traffic incident management4 7#e7 ,active traffic management4 7#f7 ,traffic signal timing4 7#g7 ,multimodal travel payment systems4 7#h7 ,transportation demand management1 including employer-based commuting programs such as carpool1 vanpool1 transit benefit1 parking cashout1 shuttle1 or telework programs4 7#i7 ,a project to provide transportation options to reduce traffic congestion1 including-- 7,a7 a project under chapter #ec of title #di1 ,united ,states ,code2 and 7,b7 a bicycle or pedestrian project1 including a project to provide safe and connected active transportation networks4 7#aj7 ,any other project1 as determined appropriate by the ,secretary4 7e7 ,award ,prioritization 7#a7 ,in general ,in selecting grants under this section1 the ,secretary shall prioritize applicants serving urbanized areas1 as described in subsection 7c71 that are experiencing a high degree of recurrent transportation congestion1 as determined by the ,secretary4 7#b7 ,additional considerations ,in selecting grants under this section1 the ,secretary shall also consider the extent to which the project would-- 7,a7 reduce traffic congestion and improve the reliability of the surface transportation system2 7,b7 mitigate the adverse impacts of traffic congestion on the surface transportation system1 including safety and environmental impacts2 7,c7 maximize the use of existing capacity2 and 7,d7 employ innovative1 integrated1 and multimodal solutions to the items described in subparagraphs 7,a71 7,b71 and 7,c74 7f7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project carried out under this section may not exceed #fj percent4 7#b7 ,maximum ,federal share ,federal assistance other than a grant for a project under this section may be used to satisfy the non-,federal share of the cost of such project1 except that the total ,federal assistance provided for a project receiving a grant under this section may not exceed #hj percent of the total project cost4 7g7 ,use of funds ,funds made available for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7h7 ,funding 7#a7 ,grant amount ,a grant under this section shall be in an amount not less than #aj1jjj1jjj and not more than #ej1jjj1jjj4 7#b7 ,availability ,funds made available under this program shall be available until expended4 7i7 ,freight project set-,aside 7#a7 ,in general ,the ,secretary shall set aside not less than #ej percent of the funds made available to carry out this section for grants for freight projects under this subsection4 7#b7 ,eligible uses ,the ,secretary shall provide funds set aside under this subsection to applicants that submit a comprehensive program of surface transportation-related projects to reduce freight-related traffic congestion and related adverse impacts1 including-- 7,a7 freight intelligent transportation systems2 7,b7 real-time freight parking information2 7,c7 real-time freight routing information2 7,d7 freight transportation and delivery safety projects2 7,e7 first-mile and last-mile delivery solutions2 7,f7 shifting freight delivery to off-peak travel times2 7,g7 reducing greenhouse gas emissions and air pollution from freight transportation and delivery1 including through the use of innovative vehicles that produce fewer greenhouse gas emissions2 7,h7 use of centralized delivery locations2 7,i7 designated freight vehicle parking and staging areas2 7,j7 curb space management2 and 7,k7 other projects1 as determined appropriate by the ,secretary4 7#c7 ,award prioritization 7,a7 ,in general ,in providing funds set aside under this section1 the ,secretary shall prioritize applicants serving urbanized areas1 as described in subsection 7c71 that are experiencing a high degree of recurrent congestion due to freight transportation1 as determined by the ,secretary4 7,b7 ,additional ,considerations ,in providing funds set aside under this subsection1 the ,secretary shall consider the extent to which the proposed project-- 7i7 reduces freight-related traffic congestion and improves the reliability of the freight transportation system2 7ii7 mitigates the adverse impacts of freight-related traffic congestion on the surface transportation system1 including safety and environmental impacts2 7iii7 maximizes the use of existing capacity2 7iv7 employs innovative1 integrated1 and multimodal solutions to the items described in clauses 7i7 through 7iii72 and 7v7 leverages ,federal funds with non-,federal contributions4 7#d7 ,flexibility ,if the ,secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection1 the ,secretary may use such funds for grants for any projects eligible under this section4 7j7 ,report 7#a7 ,recipient report ,the ,secretary shall ensure that not later than #b years after the ,secretary awards grants under this section1 the recipient of each such grant submits to the ,secretary a report that contains-- 7,a7 information on each activity or project that received funding under this section2 7,b7 a summary of any non-,federal resources leveraged by a grant under this section2 7,c7 any statistics1 measurements1 or quantitative assessments that demonstrate the congestion reduction1 reliability1 safety1 and environmental benefits achieved through activities or projects that received funding under this section2 and 7,d7 any additional information required by the ,secretary4 7#b7 ,report to ,congress ,not later than #f months after the date specified in paragraph 7#a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and make publicly available on a website1 a report detailing-- 7,a7 a summary of any information provided under paragraph 7#a72 and 7,b7 recommendations and best practices to-- 7i7 reduce traffic congestion1 including freight-related traffic congestion1 and improve the reliability of the surface transportation system2 7ii7 mitigate the adverse impacts of traffic congestion1 including freight-related traffic congestion1 on the surface transportation system1 including safety and environmental impacts2 and 7iii7 employ innovative1 integrated1 and multimodal solutions to the items described in clauses 7i7 and 7ii74 7k7 ,notification ,not later than #c business days before awarding a grant under this section1 the ,secretary shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works1 the ,committee on ,commerce1 ,science1 and ,transportation1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate of the intention to award such a grant4 7l7 ,treatment of projects 7#a7 ,federal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of title #bc1 ,united ,states ,code1 to a highway project2 7,b7 the requirements of chapter #ec of title #di1 ,united ,states ,code1 to a public transportation project2 and 7,c7 the requirements of section #bbije of title #di1 ,united ,states ,code1 to a passenger rail or freight rail project4 7#b7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements of such predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,for any passenger or freight rail component of a project1 the requirements of section #bbijg7;j77#b7 of title #di1 ,united ,states ,code1 shall apply4 7ii7 ,public transportation component ,for any public transportation component of a project1 the requirements of section #eccc of title #di1 ,united ,states ,code1 shall apply4 7,c7 ,buy ,america ,in applying the ,buy ,american requirements under section #cac of title #bc1 ,united ,states ,code1 and sections #ecbj1 #bbije7;a71 and #bdcje7;f7 of title #di1 ,united ,states ,code1 to a multimodal project under this paragraph1 the ,secretary shall-- 7i7 consider the various modal components of the project2 and 7ii7 seek to maximize domestic jobs4 7#c7 ,federal-aid highway requirements ,notwithstanding any other provision of this subsection1 the ,secretary shall require recipients of grants under this section to comply with subsection 7a7 of section #aac of title #bc1 ,united ,states ,code1 with respect to public transportation projects1 passenger rail projects1 and freight rail projects1 in the same manner that recipients of grants are required to comply with such subsection for construction work performed on highway projects on ,federal-aid highways4 7m7 ,treatment of funds ,except as provided in subsection 7l71 funds authorized for the purposes described in this section shall be available for obligation in the same manner as if the funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 #acjg4 ,rebuild rural grant program 7a7 ,establishment ,the ,secretary of ,transportation shall establish a rebuild rural grant program to improve the safety1 state of good repair1 and connectivity of transportation infrastructure in rural communities4 7b7 ,grant authority 7#a7 ,in general ,in carrying out the program established in subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 in accordance with this section4 7#b7 ,grant amount ,a grant made under this program shall be for no more than #be1jjj1jjj4 7c7 ,eligible applicants ,the ,secretary may make a grant under this section to-- 7#a7 a ,state2 7#b7 a metropolitan planning organization or a regional transportation planning organization2 7#c7 a unit of local government2 7#d7 a ,federal land management agency2 7#e7 a ,tribal government or a consortium of ,tribal governments2 and 7#f7 a multijurisdictional group of entities described in this subsection4 7d7 ,applications ,to be eligible for a grant under this section1 an entity specified under subsection 7c7 shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines is appropriate4 7e7 ,eligible projects ,the ,secretary shall provide grants under this section to projects eligible under title #bc1 ,united ,states ,code1 including projects on and off the ,federal-aid highway system1 that improve safety1 state of good repair1 or connectivity in a rural community1 including projects to-- 7#a7 improve transportation safety1 including projects on high-risk rural roads and on ,federal lands2 7#b7 improve state of good repair1 including projects to repair and rehabilitate bridges on and off the ,federal-aid highway system2 7#c7 provide or increase access to jobs and services2 7#d7 provide or increase access to-- 7,a7 a grain elevator2 7,b7 an agricultural facility2 7,c7 a mining facility2 7,d7 a forestry facility2 7,e7 an intermodal facility2 or 7,f7 any other facility that supports the economy of a rural community2 and 7#e7 reduce vehicle-wildlife collisions and improve habitat connectivity4 7f7 ,eligible project costs ,grant amounts for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7g7 ,federal share 7#a7 ,in general ,the share of the cost of a project provided with a grant under this section may not exceed #hj percent of the total cost of such project4 7#b7 ,maximum ,federal assistance ,federal assistance other than a grant under this section may be used to satisfy up to #ajj percent of the total cost of such project4 7h7 ,priority ,in making grants under this section1 the ,secretary shall prioritize projects that address-- 7#a7 significant transportation safety challenges2 7#b7 state of good repair challenges that pose safety risks or risks to a local economy2 7#c7 economic development challenges2 7#d7 connectivity challenges that limit access to jobs or services2 and 7#e7 coordination of projects in the highway right-of-way with proposed broadband service infrastructure needs4 7i7 ,notification ,not later than #c business days before awarding a grant under this section1 the ,secretary of ,transportation shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate of the intention to award such a grant4 7j7 ,treatment of projects ,notwithstanding any other provision of law1 a project carried out under this section shall be treated as if the project is located on a ,federal-aid highway4 7k7 ,definition of rural community ,in this section1 the term rural community means an area that is not an urbanized area1 as such term is defined in section #aja7;a7 of title #bc1 ,united ,states ,code4 #acjh4 ,parking for commercial motor vehicles 7a7 ,establishment ,the ,secretary of ,transportation shall establish a program under which the ,secretary shall make grants1 on a competitive basis1 to eligible entities to address the shortage of parking for commercial motor vehicles to improve the safety of commercial motor vehicle operators4 7b7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require4 7c7 ,eligible projects ,projects eligible under this section are projects that-- 7#a7 construct safety rest areas that include parking for commercial motor vehicles2 7#b7 construct commercial motor vehicle parking facilities-- 7,a7 adjacent to private commercial truckstops and travel plazas2 7,b7 within the boundaries of1 or adjacent to1 a publicly owned freight facility1 including a port terminal operated by a public authority2 and 7,c7 at existing facilities1 including inspection and weigh stations and park-and-ride locations2 7#c7 open existing weigh stations1 safety rest areas1 and park-and-ride facilities to commercial motor vehicle parking2 7#d7 facilitate access to publicly and privately provided commercial motor vehicle parking1 such as through the use of intelligent transportation systems2 7#e7 construct turnouts along a ,federal-aid highway for commercial motor vehicles2 7#f7 make capital improvements to public commercial motor vehicle parking facilities that are closed on a seasonal basis to allow the facilities to remain open year-round2 7#g7 open existing commercial motor vehicle chain-up areas that are closed on a seasonal basis to allow the facilities to remain open year-round for commercial motor vehicle parking2 7#h7 address commercial motor vehicle parking and layover needs in emergencies that strain the capacity of existing publicly and privately provided commercial motor vehicle parking2 and 7#i7 make improvements to existing commercial motor vehicle parking facilities1 including advanced truckstop electrification systems4 7d7 ,use of funds 7#a7 ,in general ,an eligible entity may use a grant under this section for-- 7,a7 development phase activities1 including planning1 feasibility analysis1 benefit-cost analysis1 environmental review1 preliminary engineering and design work1 and other preconstruction activities necessary to advance a project described in subsection 7c72 and 7,b7 construction and operational improvements1 as such terms are defined in section #aja of title #bc1 ,united ,states ,code4 7#b7 ,private sector participation ,an eligible entity that receives a grant under this section may partner with a private entity to carry out an eligible project under this section4 7#c7 ,limitation ,not more than #aj percent of the amounts made available to carry out this section may be used to promote the availability of existing commercial motor vehicle parking4 7e7 ,selection criteria ,in making grants under this section1 the ,secretary shall consider-- 7#a7 in the case of construction of new commercial motor vehicle parking capacity1 the shortage of public and private commercial motor vehicle parking near the project2 and 7#b7 the extent to which each project-- 7,a7 would increase commercial motor vehicle parking capacity or utilization2 7,b7 would facilitate the efficient movement of freight2 7,c7 would improve safety1 traffic congestion1 and air quality2 7,d7 is cost effective2 and 7,e7 reflects consultation with motor carriers1 commercial motor vehicle operators1 and private providers of commercial motor vehicle parking4 7f7 ,notification of ,congress ,not later than #c business days before awarding a grant under this section1 the ,secretary of ,transportation shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate of the intention to award such a grant4 7g7 ,treatment of funds 7#a7 ,treatment of projects ,notwithstanding any other provision of law1 any project funded by a grant under this section shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,federal share ,the ,federal share of the cost of a project under this section shall be determined in accordance with subsections 7b7 and 7c7 of section #abj of title #bc1 ,united ,states ,code4 7h7 ,amendment to ,,map-#ba ,section #adja7;c77#a7 of ,,map-#ba 7#bc ,u4,s4,c4 #acg note7 is amended-- 7#a7 by inserting and private providers of commercial motor vehicle parking after personnel2 and 7#b7 in subparagraph 7,a7 by striking the capability of the ,state to provide and inserting the availability of4 7i7 ,survey2 comparative assessment2 report 7#a7 ,update ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall update the survey of each ,state required under section #adja7;c77#a7 of the ,,map-#ba 7#bc ,u4,s4,c4 #acg note74 7#b7 ,report ,not later than #a year after the deadline under paragraph 7#a71 the ,secretary shall publish on the website of the ,department of ,transportation and 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-- 7,a7 evaluates the availability of adequate parking and rest facilities for commercial motor vehicles engaged in interstate transportation2 7,b7 evaluates the effectiveness of the projects funded under this section in improving access to truck parking2 and 7,c7 reports on the progress being made to provide adequate commercial motor vehicle parking facilities in the ,state4 7#c7 ,consultation ,the ,secretary shall prepare the report required under paragraph 7#b7 in consultation with-- 7,a7 relevant ,state motor carrier safety personnel2 7,b7 motor carriers and commercial motor vehicle operators2 and 7,c7 private providers of commercial motor vehicle parking4 7j7 ,definitions ,in this section3 7#a7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given such term in section #caacb of title #di1 ,united ,states ,code4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a political subdivision of a ,state or local government carrying out responsibilities relating to commercial motor vehicle parking2 and 7,e7 a multistate or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,d74 7#c7 ,safety rest area ,the term safety rest area has the meaning given such term in section #abj7;c7 of title #bc1 ,united ,states ,code4 #acji4 ,active transportation connectivity grant program 7a7 ,establishment ,the ,secretary of ,transportation shall establish an active transportation connectivity grant program to provide for safe and connected active transportation facilities4 7b7 ,grant authority ,in carrying out the program established in subsection 7a71 the ,secretary shall make grants1 on a competitive basis1 in accordance with this section4 7c7 ,eligible applicants ,the ,secretary may make a grant under this section to-- 7#a7 a ,state2 7#b7 a metropolitan planning organization2 7#c7 a regional transportation authority2 7#d7 a unit of local government2 7#e7 a ,federal land management agency2 7#f7 a natural resource or public land agency2 7#g7 a ,tribal government or a consortium of ,tribal governments2 7#h7 any local or regional governmental entity with responsibility for or oversight of transportation or recreational trails2 and 7#i7 a multistate or multijurisdictional group of entities described in this subsection4 7d7 ,applications ,to be eligible for a grant under this section1 an entity specified under subsection 7c7 shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines is appropriate4 7e7 ,eligible projects ,the ,secretary shall provide grants under this section to projects that improve the connectivity and the use of active transportation facilities-- 7#a7 including-- 7,a7 active transportation networks2 7,b7 active transportation spines2 and 7,c7 planning related to the development of-- 7i7 active transportation networks2 7ii7 active transportation spines2 and 7iii7 complete streets plans to create a connected network of active transportation facilities1 including sidewalks1 bikeways1 or pedestrian and bicycle trails2 and 7#b7 that have-- 7,a7 total project costs of not less than #ae1jjj1jjj2 or 7,b7 in the case of planning grants under subsection 7f71 a total cost of not less than #ajj1jjj4 7f7 ,planning grants ,of the amounts made available to carry out this section1 the ,secretary may use not more than #aj percent to provide planning grants to eligible applicants for activities under subsection 7e77#a77;,c74 7g7 ,considerations ,in making grants under this section1 the ,secretary shall consider the extent to which-- 7#a7 a project is likely to provide substantial additional opportunities for walking and bicycling1 including through the creation of-- 7,a7 active transportation networks connecting destinations within or between communities1 including schools1 workplaces1 residences1 businesses1 recreation areas1 and other community areas2 and 7,b7 active transportation spines connecting #b or more communities1 metropolitan areas1 or ,states2 7#b7 an applicant has adequately considered or will consider1 including through the opportunity for public comment1 the environmental justice and equity impacts of the project2 7#c7 the project would improve safety for vulnerable road users1 including through the use of complete street design policies or a safe system approach2 and 7#d7 a project integrates active transportation facilities with public transportation services1 where available1 to improve access to public transportation4 7h7 ,limitation 7#a7 ,in general ,the share of the cost of a project assisted with a grant under this section may not exceed #hj percent4 7#b7 ,maximum ,federal assistance ,federal assistance other than a grant under this section may be used to satisfy up to #ajj percent of the total project cost4 7i7 ,eligible project costs ,amounts made available for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7j7 ,notification ,not later than #c business days before awarding a grant under this section1 the ,secretary of ,transportation shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate of the intention to award such a grant4 7k7 ,treatment of projects ,notwithstanding any other provision of law1 a project carried out under this section shall be treated in the manner described under section #acc7;i7 of title #bc1 ,united ,states ,code4 7l7 ,definitions ,in this section3 7#a7 ,active transportation ,the term active transportation means mobility options powered primarily by human energy1 including bicycling and walking4 7#b7 ,active transportation network ,the term active transportation network means facilities built for active transportation1 including sidewalks1 bikeways1 and pedestrian and bicycle trails1 that connect destinations within a community1 a metropolitan area1 or on ,federal lands4 7#c7 ,active transportation spine ,the term active transportation spine means facilities built for active transportation1 including sidewalks1 bikeways1 and pedestrian and bicycle trails1 that connect communities1 metropolitan areas1 ,federal lands1 or ,states4 7#d7 ,safe system approach ,the term safe system approach has the meaning given such term in section #adh7;a7 of title #bc1 ,united ,states ,code4 7#e7 ,vulnerable road user ,the term vulnerable road user has the meaning given such term in section #adh7;a7 of title #bc1 ,united ,states ,code4 ,d ,planning1 ,performance ,management1 and ,asset ,management #adja4 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking resiliency needs while minimizing transportation-related fuel consumption and air pollution and inserting resiliency and climate change adaptation needs while reducing transportation-related fuel consumption1 air pollution1 and greenhouse gas emissions2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#h71 respectively2 and 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 ,,stip ,the term ,,stip means a statewide transportation improvement program developed by a ,state under section #ace7;g74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking and transportation improvement programs and inserting and ,t,i,ps2 and 7,b7 by adding at the end the following3 7#d7 ,consideration ,in developing the plans and ,t,i,ps1 metropolitan planning organizations shall consider direct and indirect emissions of greenhouse gases4 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b7 by striking ,not later than #b years after the date of enactment of ,,map-#ba1 each and inserting ,each2 7,b7 in paragraph 7#c7 by adding at the end the following3 7,d7 ,considerations 7i7 ,equitable and proportional representation ,in designating officials or representatives under paragraph 7#b71 the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area4 7ii7 ,savings clause ,nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured4 7iii7 ,redesignation ,notwithstanding clause 7ii71 the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph 7#f74 2 7,c7 in paragraph 7#f77;,b7 by striking paragraph 7#b7 and inserting paragraphs 7#b7 or 7#c77;,d72 and 7,d7 in paragraph 7#g7-- 7i7 by striking an existing metropolitan planning area and inserting an urbanized area2 and 7ii7 by striking the existing metropolitan planning area and inserting the area2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#a7 by striking a metropolitan area and inserting an urbanized area2 7,b7 in paragraph 7#b7 by striking ,m,p,os and inserting ,metropolitan planning areas2 7,c7 in paragraph 7#c77;,a7 by inserting emergency response and evacuation1 climate change adaptation and resilience1 after disaster risk reduction12 and 7,d7 by adding at the end the following3 7#d7 ,coordination between ,m,p,os 7,a7 ,in general ,if more than #a metropolitan planning organization is designated within an urbanized area under subsection 7d77#g71 the metropolitan planning organizations designated within the area shall ensure1 to the maximum extent practicable1 the consistency of any data used in the planning process1 including information used in forecasting transportation demand4 7,b7 ,savings clause ,nothing in this paragraph requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents1 including a unified long-range transportation plan or unified ,,tip4 2 7#f7 in subsection 7h77#a7-- 7,a7 by striking subparagraph 7,e7 and inserting the following3 7,e7 protect and enhance the environment1 promote energy conservation1 reduce greenhouse gas emissions1 improve the quality of life and public health1 and promote consistency between transportation improvements and ,state and local planned growth and economic development patterns1 including housing and land use patterns2 2 7,b7 in subparagraph 7,i7-- 7i7 by inserting 1 sea level rise1 extreme weather1 and climate change after stormwater2 and 7ii7 by striking and at the end2 7,c7 by redesignating subparagraph 7,j7 as subparagraph 7,l72 and 7,d7 by inserting after subparagraph 7,i7 the following3 7,j7 facilitate emergency management1 response1 and evacuation and hazard mitigation2 7,k7 improve the level of transportation system access2 and 2 7#g7 in subsection 7h77#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,through the use of a performance-based approach1 transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section #aej7;b71 the achievement of metropolitan and statewide targets established under section #aej7;d71 the improvement of transportation system access 7consistent with section #aej7;f771 and the general purposes described in section #ecja of title #di4 2 7#h7 in subsection 7i7-- 7,a7 in paragraph 7#b77;,d77i7 by inserting reduce greenhouse gas emissions and before restore and maintain2 7,b7 in paragraph 7#b77;,g7 by inserting and climate change after infrastructure to natural disasters2 7,c7 in paragraph 7#b77;,h7 by inserting greenhouse gas emissions1 after pollution12 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7 by inserting air quality1 public health1 housing1 transportation1 resilience1 hazard mitigation1 emergency management1 after conservation12 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,issues ,the consultation shall involve1 as appropriate1 comparison of transportation plans to other relevant plans1 including1 if available-- 7i7 ,state conservation plans or maps2 and 7ii7 inventories of natural or historic resources4 2 and 7,e7 by amending paragraph 7#f77;,c7 to read as follows3 7,c7 ,methods 7i7 ,in general ,in carrying out subparagraph 7,a71 the metropolitan planning organization shall1 to the maximum extent practicable-- 7,i7 hold any public meetings at convenient and accessible locations and times2 7,,ii7 employ visualization techniques to describe plans2 and 7,,iii7 make public information available in electronically accessible format and means1 such as the internet1 as appropriate to afford reasonable opportunity for consideration of public information under subparagraph 7,a74 7ii7 ,additional methods ,in addition to the methods described in clause 7i71 in carrying out subparagraph 7,a71 the metropolitan planning organization shall1 to the maximum extent practicable-- 7,i7 use virtual public involvement1 social media1 and other web-based tools to encourage public participation and solicit public feedback2 and 7,,ii7 use other methods1 as appropriate1 to further encourage public participation of historically underrepresented individuals in the transportation planning process4 2 7#i7 in subsection 7j7 by striking transportation improvement program and inserting ,,tip each place it appears2 and 7#aj7 by striking ,federally each place it appears and inserting federally4 #adjb4 ,statewide and nonmetropolitan transportation planning ,section #ace of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking statewide transportation improvement program and inserting ,,stip2 7,b7 in paragraph 7#b7-- 7i7 by striking ,the statewide transportation plan and the and inserting the following3 7,a7 ,in general ,the statewide transportation plan and the 2 7ii7 by striking transportation improvement program and inserting ,,stip2 and 7iii7 by adding at the end the following3 7,b7 ,consideration ,in developing the statewide transportation plans and ,s,t,i,ps1 ,states shall consider direct and indirect emissions of greenhouse gases4 2 and 7,c7 in paragraph 7#c7 by striking transportation improvement program and inserting ,,stip2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,e7-- 7,i7 by inserting reduce greenhouse gas emissions1 after promote energy conservation12 7,,ii7 by inserting and public health after improve the quality of life2 and 7,,iii7 by inserting 1 including housing and land use patterns after economic development patterns2 7ii7 in subparagraph 7,i7-- 7,i7 by inserting 1 sea level rise1 extreme weather1 and climate change after mitigate stormwater2 and 7,,ii7 by striking and after the semicolon2 7iii7 by redesignating subparagraph 7,j7 as subparagraph 7,l72 and 7iv7 by inserting after subparagraph 7,i7 the following3 7,j7 facilitate emergency management1 response1 and evacuation and hazard mitigation2 7,k7 improve the level of transportation system access2 and 2 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,through the use of a performance-based approach1 transportation investment decisions made as a part of the statewide transportation planning process shall support-- 7i7 the national goals described in section #aej7;b72 7ii7 the consideration of transportation system access 7consistent with section #aej7;f772 7iii7 the achievement of statewide targets established under section #aej7;c72 and 7iv7 the general purposes described in section #ecja of title #di4 2 and 7ii7 in subparagraph 7,d7 by striking statewide transportation improvement program and inserting ,,stip2 and 7,c7 in paragraph 7#c7 by striking statewide transportation improvement program and inserting ,,stip2 7#c7 in subsection 7e77#c7 by striking transportation improvement program and inserting ,,stip2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#b77;,d7-- 7i7 in clause 7i7 by inserting air quality1 public health1 housing1 transportation1 resilience1 hazard mitigation1 emergency management1 after conservation12 and 7ii7 by amending clause 7ii7 to read as follows3 7ii7 ,comparison and consideration ,consultation under clause 7i7 shall involve the comparison of transportation plans to other relevant plans and inventories1 including1 if available-- 7,i7 ,state and tribal conservation plans or maps2 and 7,,ii7 inventories of natural or historic resources4 2 7,b7 in paragraph 7#c77;,b7-- 7i7 by striking ,in carrying out and inserting the following3 7i7 ,in general in carrying out 2 7ii7 by redesignating clauses 7i7 through 7iv7 as subclauses 7,i7 through 7,,iv71 respectively2 and 7iii7 by adding at the end the following3 7ii7 ,additional methods ,in addition to the methods described in clause 7i71 in carrying out subparagraph 7,a71 the ,state shall1 to the maximum extent practicable-- 7,i7 use virtual public involvement1 social media1 and other web-based tools to encourage public participation and solicit public feedback2 and 7,,ii7 use other methods1 as appropriate1 to further encourage public participation of historically underrepresented individuals in the transportation planning process4 2 7,c7 in paragraph 7#d77;,a7 by inserting reduce greenhouse gas emissions and after potential to2 and 7,d7 in paragraph 7#h7 by inserting greenhouse gas emissions1 after pollution12 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#a77;,a7 by striking statewide transportation improvement program and inserting ,,stip2 7,b7 in paragraph 7#c7 by striking operators711 and inserting operators712 7,c7 in paragraph 7#d7 by striking statewide transportation improvement program and inserting ,,stip each place it appears2 7,d7 in paragraph 7#e7-- 7i7 in subparagraph 7,a7 by striking transportation improvement program and inserting ,,stip2 7ii7 in subparagraph 7,b77ii7 by striking metropolitan transportation improvement program and inserting ,,tip2 7iii7 in subparagraph 7,c7 by striking transportation improvement program and inserting ,,stip each place it appears2 7iv7 in subparagraph 7,e7 by striking transportation improvement program and inserting ,,stip2 7v7 in subparagraph 7,f77i7 by striking transportation improvement program and inserting ,,stip each place it appears2 7vi7 in subparagraph 7,g77ii7 by striking transportation improvement program and inserting ,,stip2 and 7vii7 in subparagraph 7,h7 by striking transportation improvement program and inserting ,,stip2 7,e7 in paragraph 7#f7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking transportation improvement program and inserting ,,stip2 and 7,,ii7 by striking and projects carried out under the bridge program or the ,interstate maintenance program under this title2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking or under the bridge program or the ,interstate maintenance program2 7,,ii7 by striking #ecaj1 #ecaa1 #ecaf1 and #ecag and inserting #ecaj and #ecaa2 and 7,,iii7 by striking statewide transportation improvement program and inserting ,,stip2 7,f7 in paragraph 7#g7-- 7i7 in the heading by striking ,transportation improvement program and inserting ,,stip2 and 7ii7 by striking transportation improvement program and inserting ,,stip2 7,g7 in paragraph 7#h7 by striking statewide transportation plans and programs and inserting statewide transportation plans and ,s,t,i,ps2 and 7,h7 in paragraph 7#i7 by striking transportation improvement program and inserting ,,stip2 7#f7 in subsection 7h77#b77;,a7 by striking ,not later than #e years after the date of enactment of the ,,map-#ba1 and inserting ,not less frequently than once every #d years12 7#g7 in subsection 7k7 by striking transportation improvement program and inserting ,,stip each place it appears2 and 7#h7 in subsection 7m7 by striking transportation improvement programs and inserting ,s,t,i,ps4 #adjc4 ,national goals and performance management measures 7a7 ,in general ,section #aej of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,b7 by inserting after paragraph 7#f7 the following3 7#g7 ,combating climate change ,to reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking ,not later than #ah months after the date of enactment of the ,,map-#ba1 the ,secretary and inserting ,the ,secretary2 and 7,b7 by adding at the end the following3 7#g7 ,greenhouse gas emissions ,the ,secretary shall establish1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 measures for ,states to use to assess-- 7,a7 carbon dioxide emissions per capita on public roads2 and 7,b7 any other greenhouse gas emissions per capita on public roads that the ,secretary determines to be appropriate4 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,not later than #a year after the ,secretary has promulgated the final rulemaking under subsection 7c71 each and inserting ,each2 and 7ii7 by striking and 7#f7 and inserting 7#f71 and 7#g72 and 7,b7 by adding at the end the following3 7#c7 ,regressive targets 7,a7 ,in general ,a ,state may not establish a regressive target for the measures described under paragraph 7#d7 or paragraph 7#g7 of subsection 7c74 7,b7 ,regressive target defined ,in this paragraph1 the term regressive target means a target that fails to demonstrate constant or improved performance for a particular measure4 2 7#d7 in subsection 7e7-- 7,a7 by striking ,not later than #d years after the date of enactment of the ,,map-#ba and biennially thereafter1 a and inserting ,a2 and 7,b7 by inserting biennial after the ,secretary a2 and 7#e7 by adding at the end the following3 7f7 ,transportation system access 7#a7 ,in general ,the ,secretary shall establish measures for ,states and metropolitan planning organizations to use to assess the level of safe1 reliable1 and convenient transportation system access to-- 7,a7 employment2 and 7,b7 services4 7#b7 ,considerations ,the measures established pursuant to paragraph 7#a7 shall include the ability for ,states and metropolitan planning organizations to assess-- 7,a7 the change in the level of transportation system access for various modes of travel1 including connection to other modes of transportation1 that would result from new transportation investments2 and 7,b7 the level of transportation system access for economically disadvantaged communities1 including to affordable housing4 7#c7 ,definition of services ,in this subsection1 the term services includes healthcare facilities1 child care1 education and workforce training1 food sources1 banking and other financial institutions1 and other retail shopping establishments4 4 7b7 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is further amended-- 7#a7 in subsection 7j77#b77;,d7-- 7,a7 by striking ,performance target achievement and inserting ,performance management2 7,b7 by striking ,the ,,tip and inserting the following3 7i7 ,in general ,the ,,tip 2 and 7,c7 by adding at the end the following3 7ii7 ,transportation management areas ,for metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection 7k71 the ,,tip shall include-- 7,i7 a discussion of the anticipated effect of the ,,tip toward achieving the performance targets established in the metropolitan transportation plan1 linking investment priorities to such performance targets2 and 7,,ii7 a description of how the ,,tip would improve the overall level of transportation system access1 consistent with section #aej7;f74 2 7#b7 in subsection 7k7-- 7,a7 in paragraph 7#c77;,a7-- 7i7 by striking shall address congestion management and inserting the following3 shall address-- 7i7 congestion management 2 7ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7ii7 the overall level of transportation system access for various modes of travel within the metropolitan planning area1 including the level of access for economically disadvantaged communities1 consistent with section #aej7;f71 that is based on a cooperatively developed and implemented metropolitan-wide strategy1 assessing both new and existing transportation facilities eligible for funding under this title and chapter #ec of title #di4 2 and 7,b7 in paragraph 7#e77;,b7-- 7i7 in clause 7i7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 the ,,tip approved under clause 7ii7 improves the level of transportation system access1 consistent with section #aej7;f74 2 and 7#c7 in subsection 7l77#b7-- 7,a7 by striking #e years after the date of enactment of the ,,map-#ba and inserting #b years after the date of enactment of the ,,invest in ,america ,act1 and every #b years thereafter2 7,b7 in subparagraph 7,c7 by striking and whether metropolitan planning organizations are developing meaningful performance targets2 and and inserting a semicolon2 and 7,c7 by striking subparagraph 7,d7 and inserting the following3 7,d7 a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive 7as defined in section #aej7;d77#c77;,b772 and 7,e7 the progress of implementing the measure established under section #aej7;f7 and related requirements under this section and section #ace4 4 7c7 ,statewide and nonmetropolitan transportation planning ,section #ace7;g77#d7 of title #bc1 ,united ,states ,code1 is further amended-- 7#a7 by striking ,performance target achievement and inserting ,performance management2 7#b7 by striking shall include1 to the maximum extent practicable1 a discussion and inserting the following3 shall include-- 7,a7 a discussion 2 7#c7 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7,b7 a consideration of how the ,,stip impacts the overall level of transportation system access1 consistent with section #aej7;f74 4 7d7 ,effective date ,the amendment made by subsection 7a77#c77;,b7 shall take effect the day before the first day of the subsequent performance period established pursuant to section #aej of title #bc1 ,united ,states ,code4 7e7 ,development of greenhouse gas measure ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to carry out paragraph 7#g7 of section #aej7;c7 of title #bc1 ,united ,states ,code1 as added by this ,act4 7f7 ,development of transportation system access measure 7#a7 ,establishment ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a working group to assess the provisions of paragraphs 7#a7 and 7#b7 of section #aej7;f7 and make recommendations regarding the establishment of measures for ,states and metropolitan planning organizations to use to assess the level of transportation system access for various modes of travel1 consistent with sections #acd1 #ace1 and #aej7;f7 of title #bc1 ,united ,states ,code4 7#b7 ,members ,the working group established pursuant to paragraph 7#a7 shall include representatives from-- 7,a7 the ,department of ,transportation2 7,b7 ,state departments of transportation1 including representatives that specialize in pedestrian and bicycle safety2 7,c7 metropolitan planning organizations representing transportation management areas 7as those terms are defined in section #acd of title #bc1 ,united ,states ,code72 7,d7 other metropolitan planning organizations or local governments2 7,e7 providers of public transportation2 7,f7 nonprofit entities related to transportation1 including relevant safety groups2 7,g7 experts in the field of transportation access data2 and 7,h7 any other stakeholders1 as determined by the ,secretary4 7#c7 ,report 7,a7 ,submission ,not later than #a year after the establishment of the working group pursuant to paragraph 7#a71 the working group shall submit to the ,secretary a report of recommendations regarding the establishment of measures for ,states and metropolitan planning organizations to use to assess the level of transportation system access1 consistent with sections #acd1 #ace1 and #aej7;f7 of title #bc1 ,united ,states ,code4 7,b7 ,publication ,not later than #cj days after the date on which the ,secretary receives the report under subparagraph 7,a71 the ,secretary shall publish the report on a publicly accessible website of the ,department of ,transportation4 7#d7 ,rulemaking ,not later than #b years after the date on which the ,secretary receives the report under paragraph 7#c71 the ,secretary shall issue such regulations as are necessary to implement the requirements of sections #acd1 #ace1 and #aej7;f7 of title #bc1 ,united ,states ,code4 7#e7 ,termination ,the ,secretary shall terminate the working group established pursuant to paragraph 7#a7 on the date on which the regulation issued pursuant to paragraph 7#d7 takes effect4 7g7 ,transportation system access data 7#a7 ,in general ,not later than #ij days after the date on which the ,secretary of ,transportation establishes the measure required under section #aej7;f7 of title #bc1 ,united ,states ,code1 the ,secretary shall develop or procure eligible transportation system access data sets and analytical tools and make such data sets and analytical tools available to ,state departments of transportation and metropolitan planning areas that represent transportation management areas4 7#b7 ,requirements ,an eligible transportation system access data set and analytical tool shall have the following characteristics3 7,a7 ,the ability to quantify the level of safe1 reliable1 and convenient transportation system access to-- 7i7 employment2 7ii7 services2 and 7iii7 connections to other modes of transportation4 7,b7 ,the ability to quantify transportation system access for various modes of travel1 including-- 7i7 driving2 7ii7 public transportation2 7iii7 walking 7including conveyance for persons with disabilities72 and 7iv7 cycling 7including micomobility74 7,c7 ,the ability to disaggregate the level of transportation system access by various transportation modes by a variety of population categories1 including-- 7i7 low-income populations2 7ii7 minority populations2 7iii7 age2 7iv7 disability2 and 7v7 geographical location4 7,d7 ,the ability to assess the change in the level of transportation system access that would result from new transportation investments4 7#c7 ,consideration ,an eligible transportation system access data set and analytical tool shall take into consideration safe and connected networks for walking1 cycling1 and persons with disabilities4 7h7 ,definitions ,in this section3 7#a7 ,transportation system access ,the term transportation system access has the meaning given such term in section #aja of title #bc1 ,united ,states ,code4 7#b7 ,services ,the term services has the meaning given such term in section #aej7;f7 of title #bc1 ,united ,states ,code4 #adjd4 ,transportation demand data and modeling study 7a7 ,study 7#a7 ,in general ,the ,secretary of ,transportation shall conduct a study on transportation demand data and modeling1 including transportation demand forecasting4 7#b7 ,contents ,in carrying out the study under this section1 the ,secretary shall-- 7,a7 collect observed transportation demand data and transportation demand forecasts from ,states and metropolitan planning organizations1 including data and forecasts on-- 7i7 traffic counts2 7ii7 transportation mode share and public transportation ridership2 and 7iii7 vehicle occupancy measures2 7,b7 compare the transportation demand forecasts with the observed transportation demand data gathered under subparagraph 7,a72 and 7,c7 use the information described in subparagraphs 7,a7 and 7,b7 to-- 7i7 develop best practices and guidance for ,states and metropolitan planning organizations to use in forecasting transportation demand for future investments in transportation improvements2 7ii7 evaluate the impact of transportation investments1 including new roadway capacity1 on transportation behavior and transportation demand1 including public transportation ridership1 induced highway transportation1 and congestion2 7iii7 support more accurate transportation demand forecasting by ,states and metropolitan planning organizations2 7iv7 enhance the capacity of ,states and metropolitan planning organizations to-- 7,i7 forecast transportation demand2 and 7,,ii7 track observed transportation behavior responses1 including induced transportation1 to changes in transportation capacity1 pricing1 and land use patterns2 and 7v7 develop transportation demand management strategies to maximize the efficiency of the transportation system1 improve mobility1 reduce congestion1 and lower vehicle emissions4 7#c7 ,covered entities ,in carrying out the study under this section1 the ,secretary shall ensure that data and forecasts described in paragraph 7#b77;,a7 are collected from-- 7,a7 ,states2 7,b7 metropolitan planning organizations that serve an area with a population of #bjj1jjj people or fewer2 and 7,c7 metropolitan planning organizations that serve an area with a population of over #bjj1jjj people4 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report containing the findings of the study conducted under subsection 7a74 7c7 ,secretarial support ,the ,secretary shall seek opportunities to support the transportation planning processes under sections #acd and #ace of title #bc1 ,united ,states ,code1 through the provision of data to ,states and metropolitan planning organizations to improve the quality of transportation plans1 models1 and demand forecasts4 ,e ,federal ,lands1 ,tribes1 and ,territories #aeja4 ,territorial and ,puerto ,rico highway program ,section #afe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking #aeh1jjj1jjj and inserting #baj1jjj1jjj2 and 7,b7 in paragraph 7#b7 by striking #db1jjj1jjj and inserting #ajj1jjj1jjj2 and 7#b7 in subsection 7c77#b7 by adding at the end the following3 7,c7 ,,tifia ,funds provided under this subsection shall not be considered ,federal assistance for purposes of section #fjc7;b77#i71 as provided under subparagraph 7,c7 of such section4 4 #aejb4 ,tribal transportation program ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7 by striking improving deficient and inserting the construction and reconstruction of2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7 by inserting construct1 after project to2 and 7ii7 in subparagraph 7,b7-- 7,i7 by striking deficient2 and 7,,ii7 by inserting in poor condition after facility bridges2 and 7,c7 in paragraph 7#c7-- 7i7 in the heading by striking ,eligible bridges and inserting ,eligibility for existing bridges2 7ii7 by striking a bridge and inserting an existing bridge2 and 7iii7 in subparagraph 7,c7 by striking structurally deficient or functionally obsolete and inserting in poor condition2 and 7#b7 in subsection 7e7 by striking for eligible projects described in section #adh7;a77#d74 and inserting the following3 for-- 7,a7 eligible projects described in section #adh7;a77#d72 7,b7 projects to promote public awareness and education concerning highway safety matters 7including bicycle1 all-terrain1 motorcyclist1 and pedestrian safety72 or 7,c7 projects to enforce highway safety laws4 4 #aejc4 ,tribal ,high ,priority ,projects program 7a7 ,tribal transportation program ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,tribal ,high ,priority ,projects ,before making any distribution under subsection 7b71 the ,secretary shall set aside #ej1jjj1jjj from the funds made available under the tribal transportation program for each fiscal year to carry out the ,tribal ,high ,priority ,projects program under section #aabc of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note74 4 7b7 ,tribal ,high ,priority ,projects program ,section #aabc of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note7 is amended-- 7#a7 in subsection 7a77#a77;,c7 by striking required by that section and inserting required under such program2 7#b7 in subsection 7b77#a7 by striking use amounts made available under subsection 7h7 to2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b7 by inserting 1 in consultation with the ,secretary of the ,interior1 after ,the ,secretary2 and 7,b7 in paragraph 7#c7 by striking of the ,interior each place it appears2 7#d7 in subsection 7f7 by striking #a1jjj1jjj and inserting #e1jjj1jjj2 7#e7 in subsection 7g7 by striking and the ,secretary and inserting or the ,secretary2 and 7#f7 by striking subsection 7h7 and inserting the following3 7h7 ,administration ,the funds made available to carry out this section shall be administered in the same manner as funds made available for the ,tribal transportation program under section #bjb of title #bc1 ,united ,states ,code4 4 #aejd4 ,federal lands transportation program ,section #bjc7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 ,transfer for high-commuter corridors 7,a7 ,request ,if the head of a covered agency determines that a high-commuter corridor requires additional investment1 based on the criteria described in subparagraph 7,d71 the head of a covered agency1 with respect to such corridor1 shall submit to the ,state-- 7i7 information on condition of pavements and bridges2 7ii7 an estimate of the amounts needed to bring such corridor into a state of good repair1 taking into consideration any planned future investments2 and 7iii7 at the discretion of the head of a covered agency1 a request that the ,state transfer to the covered agency1 under the authority of section #acb1 or to the ,federal ,highway ,administration1 under the authority of section #ajd1 a portion of such amounts necessary to address the condition of the corridor4 7,b7 ,state response ,not later than #de days after the date of receipt of the request described in subparagraph 7,a77iii71 the ,state shall-- 7i7 approve the request2 7ii7 deny the request and explain the reasons for such denial2 or 7iii7 request any additional information necessary to take action on the request4 7,c7 ,notification to the ,secretary ,the head of a covered agency shall provide to the ,secretary a copy of any request described under subparagraph 7,a77iii7 and response described under subparagraph 7,b74 7,d7 ,criteria ,in making a determination under subparagraph 7,a71 the head of a covered agency1 with respect to the corridor1 shall consider-- 7i7 the condition of roads1 bridges1 and tunnels2 and 7ii7 the average annual daily traffic4 7,e7 ,definitions ,in this paragraph3 7i7 ,covered agency ,the term covered agency means a ,federal agency eligible to receive funds under this section or section1 section #bjc1 or section #bjd4 7ii7 ,high-commuter corridor ,the term high-commuter corridor means a ,federal lands transportation facility that has average annual daily traffic of not less than #bj1jjj vehicles4 4 #aeje4 ,federal lands and ,tribal major projects program 7a7 ,in general ,chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after section #bjg the following3 #bjh4 ,federal lands and ,tribal major projects program 7a7 ,establishment ,the ,secretary shall establish a ,federal lands and ,tribal major projects program 7referred to in this section as the program7 to provide funding to construct1 reconstruct1 or rehabilitate critical ,federal lands and ,tribal transportation infrastructure4 7b7 ,eligible applicants 7#a7 ,in general ,except as provided in paragraph 7#b71 entities eligible to receive funds under sections #bja1 #bjb1 #bjc1 and #bjd may apply for funding under the program4 7#b7 ,special rule ,a ,state1 county1 or unit of local government may only apply for funding under the program if sponsored by an eligible ,federal land management agency or ,indian ,tribe4 7c7 ,eligible projects ,an eligible project under the program shall be a single continuous project on a ,federal lands transportation facility1 a ,federal lands access transportation facility1 or a tribal transportation facility1 except that such facility is not required to be included in an inventory described in section #bjb or #bjc1 and for which-- 7#a7 the project-- 7,a7 has completed the activities required under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 which has been demonstrated through-- 7i7 a record of decision with respect to the project2 7ii7 a finding that the project has no significant impact2 or 7iii7 a determination that the project is categorically excluded2 or 7,b7 is reasonably expected to begin construction not later than #ah months after the date of obligation of funds for the project2 and 7#b7 the project has an estimated cost equal to or exceeding-- 7,a7 #ab1ejj1jjj if it is on a ,federal lands transportation facility or a ,federal lands access transportation facility2 and 7,b7 #e1jjj1jjj if it is on a ,tribal transportation facility4 7d7 ,eligible activities ,grant amounts received for a project under this section may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 and rehabilitation activities4 7e7 ,applications ,eligible applicants shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may require4 7f7 ,project requirements ,the ,secretary may select a project to receive funds under the program only if the ,secretary determines that the project-- 7#a7 improves the condition of critical transportation facilities1 including multimodal facilities2 7#b7 cannot be easily and efficiently completed with amounts made available under section #bjb1 #bjc1 or #bjd2 and 7#c7 is cost effective4 7g7 ,merit criteria ,in making a grant under this section1 the ,secretary shall consider whether the project-- 7#a7 will generate state of good repair1 resilience1 economic competitiveness1 quality of life1 mobility1 or safety benefits2 7#b7 in the case of a project on a ,federal lands transportation facility or a ,federal lands access transportation facility1 has costs matched by funds that are not provided under this section or this title2 and 7#c7 generates benefits for land owned by multiple ,federal land management agencies or ,indian ,tribes1 or which spans multiple ,states4 7h7 ,evaluation and rating ,to evaluate applications1 the ,secretary shall-- 7#a7 determine whether a project meets the requirements under subsection 7f72 7#b7 evaluate1 through a discernable and transparent methodology1 how each application addresses one or more merit criteria established under subsection 7g72 7#c7 assign a rating for each merit criteria for each application2 and 7#d7 consider applications only on the basis of such quality ratings and which meet the minimally acceptable level for each of the merit criteria4 7i7 ,cost share 7#a7 ,federal lands projects 7,a7 ,in general ,notwithstanding section #abj1 the ,federal share of the cost of a project on a ,federal lands transportation facility or a ,federal lands access transportation facility shall be up to #ij percent4 7,b7 ,non-federal share ,notwithstanding any other provision of law1 any ,federal funds other than those made available under this title or title #di may be used to pay the non-,federal share of the cost of a project carried out under this section4 7#b7 ,tribal projects ,the ,federal share of the cost of a project on a ,tribal transportation facility shall be #ajj percent4 7j7 ,use of funds ,for each fiscal year1 of the amounts made available to carry out this section1 not more than #ej percent shall be used for eligible projects on ,federal lands transportation facilities or ,federal lands access transportation facilities and ,tribal transportation facilities1 respectively4 4 7b7 ,clerical amendment ,the analysis for chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjg the following new item3 #bjh4 ,federal lands and ,tribal major projects program4 4 7c7 ,repeal ,section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note71 and the item related to such section in the table of contents under section #a7;b7 of such ,act1 are repealed4 #aejf4 ,office of ,tribal ,government ,affairs ,section #ajb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#a7-- 7,a7 by striking #f ,assistant and inserting #g ,assistant2 7,b7 in subparagraph 7,c7 by striking 2 and and inserting a semicolon2 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,d7 by inserting after subparagraph 7,c7 the following3 7,d7 an ,assistant ,secretary for ,tribal ,government ,affairs1 who shall be appointed by the ,president2 and 2 and 7#b7 in subsection 7f7-- 7,a7 in the heading by striking ,deputy ,assistant ,secretary for ,tribal ,government ,affairs and inserting ,office of ,tribal ,government ,affairs2 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment ,there is established in the ,department an ,office of ,tribal ,government ,affairs1 under the ,assistant ,secretary for ,tribal ,government ,affairs1 to-- 7,a7 oversee the ,tribal transportation self-governance program under section #bjg of title #bc2 7,b7 plan1 coordinate1 and implement policies and programs serving ,indian ,tribes and ,tribal organizations2 7,c7 coordinate ,tribal transportation programs and activities in all offices and administrations of the ,department2 7,d7 provide technical assistance to ,indian ,tribes and ,tribal organizations2 and 7,e7 be a participant in any negotiated rulemakings relating to1 or having an impact on1 projects1 programs1 or funding associated with the ,tribal transportation program under section #bjb of title #bc4 4 #aejg4 ,alternative contracting methods 7a7 ,land management agencies and tribal governments ,section #bja of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,alternative contracting methods 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may use a contracting method available to a ,state under this title on behalf of-- 7,a7 a ,federal land management agency1 with respect to any funds available pursuant to section #bjc or #bjd2 7,b7 a ,federal land management agency1 with respect to any funds available pursuant to section #aece of title #ca for any eligible use described in sections #bjc7;a77#a7 and #bjd7;a77#a7 of this title2 or 7,c7 a ,tribal ,government1 with respect to any funds available pursuant to section #bjb7;b77#g77;,d74 7#b7 ,methods described ,the contracting methods referred to in paragraph 7#a7 shall include1 at a minimum-- 7,a7 project bundling2 7,b7 bridge bundling2 7,c7 design-build contracting2 7,d7 #b-phase contracting2 7,e7 long-term concession agreements2 and 7,f7 any method tested1 or that could be tested1 under an experimental program relating to contracting methods carried out by the ,secretary4 7#c7 ,rule of construction ,nothing in this subsection-- 7,a7 affects the application of the ,federal share for a project carried out with a contracting method under this subsection2 or 7,b7 modifies the point of obligation of ,federal salaries and expenses4 4 7b7 ,use of alternative contracting method ,in carrying out the amendments made by this section1 the ,secretary shall-- 7#a7 in consultation with the applicable ,federal land management agencies1 establish procedures that are-- 7,a7 applicable to each alternative contracting method2 and 7,b7 to the maximum extent practicable1 consistent with requirements for ,federal procurement transactions2 7#b7 solicit input on the use of each alternative contracting method from any affected industry prior to using such method2 and 7#c7 analyze and prepare an evaluation of the use of each alternative contracting method4 #aejh4 ,divestiture of federally owned bridges 7a7 ,in general ,the ,commissioner of the ,bureau of ,reclamation may transfer ownership of a bridge that is owned by the ,bureau of ,reclamation if-- 7#a7 the ownership of the bridge is transferred to a ,state with the concurrence of such ,state2 7#b7 the ,state to which ownership is transferred agrees to operate and maintain the bridge2 7#c7 the transfer of ownership complies with all applicable ,federal requirements1 including-- 7,a7 section #ach of title #bc1 ,united ,states ,code2 7,b7 section #cjfajh of title #ed1 ,united ,states ,code2 and 7,c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#d7 the ,bureau of ,reclamation and the ,state to which ownership is being transferred jointly notify the ,secretary of ,transportation of the intent to conduct a transfer prior to such transfer4 7b7 ,access ,in a transfer of ownership of a bridge under this section1 the ,commissioner of the ,bureau of ,reclamation-- 7#a7 shall not be required to transfer ownership of the land on which the bridge is located or any adjacent lands2 and 7#b7 shall make arrangements with the ,state to which ownership is being transferred to allow for adequate access to such bridge1 including for the purposes of construction1 maintenance1 and bridge inspections pursuant to section #add of title #bc1 ,united ,states ,code4 ,f ,additional ,provisions #afja4 ,toward zero deaths 7a7 ,in general ,a local government1 metropolitan planning organization1 or regional transportation planning organization may develop and implement a vision zero plan to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe1 not to exceed #bj years4 7b7 ,use of funds ,amounts apportioned to a ,state under paragraph 7#b7 or 7#c7 of section #ajd7;b7 of title #bc1 ,united ,states ,code1 may be used to carry out a vision zero plan under this section4 7c7 ,contents of plan ,a vision zero plan under this section shall include-- 7#a7 a description of projects or policies intended to significantly reduce or eliminate transportation-related fatalities and serious injuries within a specified timeframe1 not to exceed #bj years1 using existing transportation data and consideration of risk factors2 7#b7 plans for implementation of1 education of the public about1 and enforcement of such projects or policies2 7#c7 a description of how such projects or policies1 and the enforcement of such projects or policies will-- 7,a7 equitably invest in the safety needs of low-income and minority communities2 7,b7 ensure that such communities are not disproportionately targeted by law enforcement2 and 7,c7 protect the rights of members of such communities with respect to title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 and 7#d7 a description of a mechanism to evaluate progress of the implementation of the plan1 including the gathering and use of transportation safety and demographic data4 7d7 ,inclusions ,a vision zero plan may include a complete streets prioritization plan that identifies a specific list of projects to-- 7#a7 create a connected network of active transportation facilities1 including sidewalks1 bikeways1 or pedestrian and bicycle trails1 to connect communities and provide safe1 reliable1 affordable1 and convenient access to employment1 housing1 and services1 consistent with the goals described in section #aej7;b7 of title #bc1 ,united ,states ,code2 7#b7 integrate active transportation facilities with public transportation service or improve access to public transportation2 and 7#c7 improve transportation options for low-income and minority communities4 7e7 ,coordination ,a vision zero plan under this section shall provide for coordination of various subdivisions of a unit of local government in the implementation of the plan1 including subdivisions responsible for law enforcement1 public health1 data collection1 and public works4 7f7 ,safety performance management ,a vision zero plan under this section is not sufficient to demonstrate compliance with the safety performance or planning requirements of section #adh or #aej of title #bc1 ,united ,states ,code4 #afjb4 ,speed limits 7a7 ,speed limits ,the ,secretary of ,transportation shall revise the ,manual of ,uniform ,traffic ,control ,devices to provide for a safe systems approach to setting speed limits1 consistent with the safety recommendations issued by the ,national ,transportation ,safety ,board on ,august #ae1 #bjag1 numbered ,h-#ag-bg and ,h-#ag-jbh4 7b7 ,considerations ,in carrying out subparagraph 7,a71 the ,secretary shall consider-- 7#a7 crash statistics2 7#b7 road geometry characteristics2 7#c7 roadside characteristics2 7#d7 traffic volume2 7#e7 the possibility and likelihood of human error2 7#f7 human injury tolerance2 7#g7 the prevalence of vulnerable road users2 and 7#h7 any other consideration1 consistent with a safe system approach1 as determined by the ,secretary4 7c7 ,report on ,speed ,management ,program ,plan ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall update and report on the implementation progress of the ,speed ,management ,program ,plan of the ,department of ,transportation1 as described in the safety recommendation issued by the ,national ,transportation ,safety ,board on ,august #ae1 #bjag1 numbered ,h-#ag-jah4 7d7 ,definitions ,in this section1 the terms safe system approach and vulnerable road user have the meanings given such terms in section #adh7;a7 of title #bc1 ,united ,states ,code4 #afjc4 ,broadband infrastructure deployment 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees ,the term appropriate committees means-- 7,a7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,d7 the ,committee on ,environment and ,public ,works of the ,senate2 7,e7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,f7 the ,committee on ,appropriations of the ,senate4 7#b7 ,appropriate ,state agency ,the term appropriate ,state agency means a ,state governmental agency that is recognized by the executive branch of the ,state as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure4 7#c7 ,broadband ,the term broadband has the meaning given the term advanced telecommunications capability in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb74 7#d7 ,broadband infrastructure ,the term broadband infrastructure means any buried1 underground1 or aerial facility1 and any wireless or wireline connection that enables the provision of broadband4 7#e7 ,broadband infrastructure entity ,the term broadband infrastructure entity means any entity1 including a ,state or local entity or a public-private partnership 7between a ,state or local entity and a private entity71 that-- 7,a7 installs1 owns1 or operates broadband infrastructure2 and 7,b7 provides broadband in a manner consistent with the public interest1 convenience1 and necessity1 as determined by the ,state4 7#f7 ,dig once requirement ,the term dig once requirement means a requirement designed to reduce the number and scale of repeated excavations for the installation and maintenance of broadband facilities in rights-of-way4 7#g7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 and 7,c7 the ,commonwealth of ,puerto ,rico4 7b7 ,broadband infrastructure deployment ,to facilitate the installation of broadband infrastructure1 the ,secretary of ,transportation shall1 not later than #f months after the date of enactment of this ,act1 issue regulations to ensure that each ,state that receives funds under chapter #a of title #bc1 ,united ,states ,code1 meets the following requirements3 7#a7 ,broadband consultation ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall-- 7,a7 identify a broadband utility coordinator1 who may have additional responsibilities in the ,state department of transportation or in another ,state agency1 that is responsible for facilitating the broadband infrastructure right-of-way efforts within the ,state2 7,b7 establish a process for the registration of broadband infrastructure entities that seek to be included in the broadband infrastructure right-of-way facilitation efforts within the ,state2 7,c7 review existing ,state broadband plans1 including existing dig once requirements of the ,state or municipal governments within the ,state1 to determine opportunities to coordinate projects occurring within highway rights-of-way with planned broadband infrastructure projects2 and 7,d7 establish a process to electronically notify broadband infrastructure entities registered under subparagraph 7,b7-- 7i7 of the ,state transportation improvement program on an annual basis2 7ii7 of all projects within the highway right-of-way for which ,federal funding is expected to be obligated in the subsequent fiscal year2 and 7iii7 any opportunities for coordination identified by the ,state under subparagraph 7,c74 7#b7 ,priority ,if a ,state provides for the installation of broadband infrastructure in the right-of-way of an applicable ,federal-aid highway project under this subsection1 the ,state department of transportation1 along with appropriate ,state agencies1 shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged1 as compared to other broadband infrastructure entities1 with respect to the program under this subsection4 7#c7 ,effect of subsection ,this subsection shall apply only to activities for which ,federal obligations or expenditures are initially approved on or after the date regulations required under this subsection become effective4 ,nothing in this section establishes a mandate or requirement that a ,state install or allow the installation of broadband infrastructure in a highway right-of-way4 ,nothing in this section authorizes the ,secretary of ,transportation to withhold or reserve funds or approval of a project under title #bc1 ,united ,states ,code4 7c7 ,dig ,once ,funding ,task ,force 7#a7 ,establishment ,there is established an independent task force on funding for dig once to be known as the ,dig ,once ,funding ,task ,force 7hereinafter referred to as the ,task ,force74 7#b7 ,duties ,the duties of the ,task ,force shall be to-- 7,a7 estimate the annual cost for a nationwide dig once requirement2 and 7,b7 propose and evaluate options for funding a nationwide dig once requirement that includes-- 7i7 a discussion of the role of-- 7,i7 the ,federal ,government2 7,,ii7 ,state1 local1 and ,tribal governments2 and 7,,iii7 broadband infrastructure entities2 and 7ii7 consideration of the role of existing dig once requirements of ,state1 local1 and ,tribal governments1 ensuring the expansion of such requirements are not disincentivized4 7#c7 ,reports 7,a7 ,interim report and briefing ,not later than #f months after the date of enactment of this ,act1 the ,task ,force shall submit to ,congress an interim report and provide for the appropriate committees briefings on the findings of the ,task ,force4 7,b7 ,final report ,not later than #i months after the date of enactment of this ,act1 the ,task ,force shall submit to ,congress a final report on the findings of the ,task ,force4 7#d7 ,compositions and membership 7,a7 ,membership ,the ,task ,force shall consist of #ad members1 consisting of-- 7i7 the #b cochairs described in subparagraph 7,b72 and 7ii7 #a member appointed by each of the ,chairs and ,ranking ,members of the appropriate committees4 7,b7 ,cochairs ,the ,task ,force shall be cochaired by-- 7i7 the ,secretary of ,transportation2 and 7ii7 the ,assistant ,secretary of ,commerce for ,communications and ,information4 7,c7 ,appointment deadline ,members shall be appointed to the ,task ,force not later than #fj days after the date of enactment of this ,act4 7,d7 ,effect of lack of appointment by appointment date ,if #a or more appointments required under subparagraph 7,a7 is not made by the appointment date specified in subparagraph 7,c71 the authority to make such appointment or appointments shall expire and the number of members of the ,commission shall be reduced by the number equal to the number of appointments so expired4 7,e7 ,terms ,members shall be appointed for the life of the ,task ,force4 ,a vacancy in the ,task ,force shall not affect its powers and shall be filled in the same manner as the initial appointment was made4 7#e7 ,consultations ,in carrying out the duties required under this subsection1 the ,task ,force shall consult1 at a minimum-- 7,a7 the ,federal ,communications ,commission2 7,b7 agencies of ,states including-- 7i7 ,state departments of transportation2 and 7ii7 appropriate ,state agencies2 7,c7 agencies of local and ,tribal governments responsible for-- 7i7 transportation and rights-of-way2 and 7iii7 broadband access 7including agencies1 subdivisions1 or affiliated organizations that act as broadband infrastructure entities72 and 7,d7 broadband infrastructure entities and other telecommunications providers4 7#f7 ,termination ,the ,task ,force shall terminate not later than #ij days after issuance of the final report required under paragraph 7#c77;,b74 #afjd4 ,appalachian development highway system funding flexibility ,any funds made available to a ,state for the ,appalachian development highway system program under subtitle ,,iv of title #dj1 ,united ,states ,code1 before the date of enactment of this ,act may be used1 at the request of such ,state to the ,secretary of ,transportation1 for the purposes described in section #acc7;b7 of title #bc1 ,united ,states ,code4 #afje4 ,stormwater best management practices 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation and the ,administrator shall seek to enter into an agreement with the ,transportation ,research ,board of the ,national ,academy of ,sciences to under which the ,transportation ,research ,board shall conduct a study-- 7,a7 to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title #bc1 ,united ,states ,code1 to inform the development of appropriate total maximum daily load requirements2 7,b7 to provide recommendations 7including recommended revisions to existing laws and regulations7 regarding the evaluation and selection by ,state departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed1 including environmental restoration and pollution abatement carried out under section #cbh of title #bc1 ,united ,states ,code2 7,c7 to examine the potential for the ,secretary to assist ,state departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title #bc1 ,united ,states ,code1 through information-sharing agreements1 database assistance1 or an administrative platform to provide the information described in subparagraphs 7,a7 and 7,b7 to entities issued permits under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 and 7,d7 to examine the benefit of concentrating stormwater retrofits in impaired watersheds and selecting such retrofits according to a process that depends on a watershed management plan developed in accordance with section #cai of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbi74 7#b7 ,requirements ,in conducting the study under the agreement entered into pursuant to paragraph 7#a71 the ,transportation ,research ,board shall-- 7,a7 review and supplement1 as appropriate1 the methodologies examined and recommended in the #bjai report of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine titled ,approaches for ,determining and ,complying with ,,tmdl ,requirements ,related to ,roadway ,stormwater ,runoff2 7,b7 consult with-- 7i7 the ,secretary of ,transportation2 7ii7 the ,administrator2 7iii7 the ,secretary of the ,army1 acting through the ,chief of ,engineers2 and 7iv7 ,state departments of ,transportation2 and 7,c7 solicit input from-- 7i7 stakeholders with experience in implementing stormwater management practices for projects2 and 7ii7 educational and technical stormwater management groups4 7#c7 ,report ,in carrying out the agreement entered into pursuant to paragraph 7#a71 not later than #ah months after the date of enactment of this ,act1 the ,transportation ,research ,board shall submit to the ,secretary of ,transportation1 the ,administrator1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,environment and ,public ,works of the ,senate a report describing the results of the study4 7b7 ,stormwater best management practices reports 7#a7 ,reissuance ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall update and reissue the best management practices reports to reflect new information and advancements in stormwater management4 7#b7 ,updates ,not less frequently than once every #e years after the date on which the ,secretary reissues the best management practices reports under paragraph 7#a71 the ,secretary shall update and reissue the best management practices reports1 unless the contents of the best management practices reports have been incorporated 7including by reference7 into applicable regulations of the ,secretary4 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,best management practices reports ,the term best management practices reports means-- 7,a7 the #bjad report sponsored by the ,department of ,transportation titled ,determining the ,state of the ,practice in ,data ,collection and ,performance ,measurement of ,stormwater ,best ,management ,practices 7,,fhwa-,,hep-#af-jba72 and 7,b7 the #bjjj report sponsored by the ,department of ,transportation titled ,stormwater ,best ,management ,practices in an ,ultra-,urban ,setting3 ,selection and ,monitoring4 7#c7 ,total maximum daily load ,the term total maximum daily load has the meaning given such term in section #acj4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 #afjf4 ,pedestrian right-of-way 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,architectural and ,transportation ,barriers ,compliance ,board established under section #ejb7;a77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib71 in consultation with the ,secretary of ,transportation1 shall establish guidelines setting forth minimum standards for pedestrian facilities in the public right-of-way4 7b7 ,content of guidance ,the guidelines described in subsection 7a7 shall be substantially similar to-- 7#a7 the notice of proposed rulemaking published on ,july #bf1 #bjaa1 titled ,accessibility ,guidelines for ,pedestrian ,facilities in the ,public ,right-of-,way 7#gf ,fed4 ,reg4 #ddffd72 and 7#b7 the supplemental notice of proposed rulemaking published on ,february #ac1 #bjac1 titled ,accessibility ,guidelines for ,pedestrian ,facilities in the ,public ,right-of-,way2 ,shared ,use ,paths 7#gh ,fed4 ,reg4 #ajaaj74 7c7 ,adoption of regulations ,not later than #ahj days after the establishment of the guidelines pursuant to subsection 7a71 the ,secretary shall issue such regulations as are necessary to adopt such guidelines4 #afjg4 ,highway formula modernization report 7a7 ,highway formula modernization study 7#a7 ,in general ,the ,secretary of ,transportation1 in consultation with the ,american ,association of ,state ,transportation ,officials and representatives of local governments 7including metropolitan planning organizations71 shall conduct a highway formula modernization study to assess the method and data used to apportion ,federal-aid highway funds under section #ajd7;c7 of title #bc1 ,united ,states ,code1 and issue recommendations on such method and data4 7#b7 ,assessment ,the highway formula modernization study required under paragraph 7#a7 shall include an assessment of1 based on the latest available data1 whether the apportionment method under such section results in-- 7,a7 an equitable distribution of funds based on the estimated tax payments attributable to-- 7i7 highway users in the ,state that are paid into the ,highway ,trust ,fund2 and 7ii7 individuals in the ,state that are paid to the ,treasury1 based on contributions to the ,highway ,trust ,fund from the general fund of the ,treasury2 and 7,b7 the achievement of the goals described in section #aja7;b77#c7 of title #bc1 ,united ,states ,code4 7#c7 ,considerations ,in carrying out the assessment under paragraph 7#b71 the ,secretary shall consider the following3 7,a7 ,the factors described in sections #ajd7;b71 #ajd7;f77#b71 #ajd7;h77#b71 #acj7;f71 and #add7;e7 of title #bc1 ,united ,states ,code1 as in effect on the date of enactment of ,,safetea-,,lu 7,public ,law #aji-ei74 7,b7 ,the availability and accuracy of data necessary to calculate formula apportionments under the factors described in subparagraph 7,a74 7,c7 ,the measures established under section #aej of title #bc1 ,united ,states ,code1 and whether such measures are appropriate for consideration as formula apportionment factors4 7,d7 ,the results of the ,,cmaq formula modernization study required under subsection 7b74 7,e7 ,any other factors that the ,secretary determines are appropriate4 7#d7 ,recommendations ,the ,secretary shall1 in consultation with the ,american ,association of ,state ,transportation ,officials and representatives of local governments 7including metropolitan planning organizations71 develop recommendations on a new apportionment method1 including-- 7,a7 the factors recommended to be included in such apportionment method2 7,b7 the weighting recommended to be applied to the factors under subparagraph 7,a72 and 7,c7 any other recommendations to ensure that the apportionment method best achieves an equitable distribution of funds described under paragraph 7#b77;,a7 and the goals described in paragraph 7#b77;,b74 7b7 ,,cmaq formula modernization study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall conduct an ,,cmaq formula modernization study to assess whether the apportionment method under section #ajd7;b77#d7 of title #bc1 ,united ,states ,code1 results in a distribution of funds that best achieves the air quality goals of section #adi of such title4 7#b7 ,considerations ,in providing consultation under this subsection1 the ,administrator shall provide to the ,secretary an analysis of-- 7,a7 factors that contribute to the apportionment1 including population1 types of pollutants1 and severity of pollutants2 7,b7 the weighting of the factors listed under subparagraph 7,a72 and 7,c7 the recency of the data used in making the apportionment under section #ajd7;b77#d7 of title #bc1 ,united ,states ,code4 7#c7 ,recommendations ,if1 in conducting the study under this subsection1 the ,secretary finds that modifying the apportionment method under section #ajd7;b77#d7 of title #bc1 ,united ,states ,code1 would best achieve the air quality goals of section #adi of title #bc1 ,united ,states ,code1 the ,secretary shall1 in consultation with the ,administrator1 include in such study recommendations for a new apportionment method1 including-- 7,a7 the factors recommended to be included in such apportionment method2 7,b7 the weighting recommended to be applied to the factors under subparagraph 7,a72 and 7,c7 any other recommendations to ensure that the apportionment method best achieves the air quality goals section #adi of such title4 7c7 ,report ,no later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report containing the results of the highway formula modernization study and the ,,cmaq formula modification study4 #afjh4 ,consolidation of programs ,section #aeai of ,,map-#ba 7,public ,law #aab-ada7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbe2 and 7,b7 by striking #c1ejj1jjj and inserting #d1jjj1jjj2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,federal share ,the ,federal share of the cost of a project or activity carried out under subsection 7a7 shall be #ajj percent4 4 #afji4 ,student outreach report to ,congress 7a7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that describes the efforts of the ,department of ,transportation to encourage elementary1 secondary1 and post-secondary students to pursue careers in the surface transportation sector4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 a description of efforts to increase awareness of careers related to surface transportation among elementary1 secondary1 and post-secondary students2 7#b7 a description of efforts to prepare and inspire such students for surface transportation careers2 7#c7 a description of efforts to support the development of a diverse1 well-qualified workforce for future surface transportation needs2 and 7#d7 the effectiveness of the efforts described in paragraphs 7#a7 through 7#c74 #afaj4 ,task force on developing a #bast century surface transportation workforce 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a task force on developing a #bast century surface transportation workforce 7in this section referred to as the ,task ,force74 7b7 ,duties ,not later than #ab months after the establishment of the ,task ,force under subsection 7a71 the ,task ,force shall develop and submit to the ,secretary recommendations and strategies for the ,department of ,transportation to-- 7#a7 evaluate the current and future state of the surface transportation workforce1 including projected job needs in the surface transportation sector2 7#b7 identify factors influencing individuals pursuing careers in surface transportation1 including barriers to attracting individuals into the workforce2 7#c7 address barriers to retaining individuals in surface transportation careers2 7#d7 identify and address potential impacts of emerging technologies on the surface transportation workforce2 7#e7 increase access for vulnerable or underrepresented populations1 especially women and minorities1 to high-skill1 in-demand surface transportation careers2 7#f7 facilitate and encourage elementary1 secondary1 and post-secondary students in the ,united ,states to pursue careers in the surface transportation sector2 and 7#g7 identify and develop pathways for students and individuals to secure pre-apprenticeships1 registered apprenticeships1 and other work-based learning opportunities in the surface transportation sector of the ,united ,states4 7c7 ,considerations ,in developing recommendations and strategies under subsection 7b71 the ,task ,force shall-- 7#a7 identify factors that influence whether young people pursue careers in surface transportation1 especially traditionally underrepresented populations1 including women and minorities2 7#b7 consider how the ,department1 businesses1 industry1 labor1 educators1 and other stakeholders can coordinate efforts to support qualified individuals in pursuing careers in the surface transportation sector2 7#c7 identify methods of enhancing surface transportation pre-apprenticeships and registered apprenticeships1 job skills training1 mentorship1 education1 and outreach programs that are exclusive to youth in the ,united ,states2 and 7#d7 identify potential sources of funding1 including grants and scholarships1 that may be used to support youth and other qualified individuals in pursuing careers in the surface transportation sector4 7d7 ,consultation ,in developing the recommendations and strategies required under subsection 7b71 the ,task ,force may consult with-- 7#a7 local educational agencies and institutes of higher education1 including community colleges and vocational schools2 and 7#b7 ,state workforce development boards4 7e7 ,report ,not later than #fj days after the submission of the recommendations and strategies under subsection 7b71 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 strategies4 7f7 ,composition of task force ,the ,secretary shall appoint members to the ,task ,force whose diverse background and expertise allow such members to contribute balanced points of view and ideas in carrying out this section1 comprised of equal representation from each of the following3 7#a7 ,industries in the surface transportation sector4 7#b7 ,surface transportation sector labor organizations4 7#c7 ,such other surface transportation stakeholders and experts as the ,secretary considers appropriate4 7g7 ,period of appointment ,members shall be appointed to the ,task ,force for the duration of the existence of the ,task ,force4 7h7 ,compensation ,task ,force members shall serve without compensation4 7i7 ,sunset ,the ,task ,force shall terminate upon the submission of the report required under subsection 7e74 7j7 ,definitions ,in this section3 7#a7 ,pre-,apprenticeship ,the term pre-apprenticeship means a training model or program that prepares individuals for acceptance into a registered apprenticeship and has a demonstrated partnership with #a or more registered apprenticeships4 7#b7 ,registered apprenticeship ,the term registered apprenticeship means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7#bi ,u4,s4,c4 #ej et seq42 commonly known as the ,national ,apprenticeship ,act71 that satisfies the requirements of parts #bi and #cj of title #bi1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjbj74 #afaa4 ,on-the-job training and supportive services ,section #adj7;b7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7b7 ,workforce training and development 7#a7 ,in general ,the ,secretary1 in cooperation with the ,secretary of ,labor and any other department or agency of the ,government1 ,state agency1 authority1 association1 institution1 ,indian ,tribal government1 corporation 7profit or nonprofit71 or any other organization or person1 is authorized to develop1 conduct1 and administer surface transportation and technology training1 including skill improvement programs1 and to develop and fund summer transportation institutes4 7#b7 ,state responsibilities ,a ,state department of transportation participating in the program under this subsection shall-- 7,a7 develop an annual workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities and a detailed plan to fill such gaps and address such underrepresentation2 7,b7 establish an annual workforce development compact with the ,state workforce development board and appropriate agencies to provide a coordinated approach to workforce training1 job placement1 and identification of training and skill development program needs1 which shall be coordinated to the extent practical with an institution or agency1 such as a ,state workforce development board under section #aja of the ,workforce ,innovation and ,opportunities ,act 7#bi ,u4,s4,c4 #caaa71 that has established skills training1 recruitment1 and placement resources2 and 7,c7 demonstrate program outcomes1 including-- 7i7 impact on areas with transportation workforce shortages2 7ii7 diversity of training participants2 7iii7 number and percentage of participants obtaining certifications or credentials required for specific types of employment2 7iv7 employment outcome1 including job placement and job retention rates and earnings1 using performance metrics established in consultation with the ,secretary of ,labor and consistent with metrics used by programs under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq472 and 7v7 to the extent practical1 evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to1 or hired on1 projects funded under this chapter4 7#c7 ,funding ,from administrative funds made available under section #ajd7;a71 the ,secretary shall deduct such sums as necessary1 not to exceed #aj1jjj1jjj in each fiscal year1 for the administration of this subsection4 ,such sums shall remain available until expended4 7#d7 ,nonapplicability of title #da ,subsections 7b7 through 7d7 of section #faja of title #da shall not apply to contracts and agreements made under the authority granted to the ,secretary under this subsection4 7#e7 ,use of surface transportation and national highway performance program funds ,notwithstanding any other provision of law1 not to exceed of #a percent of funds apportioned to a ,state under paragraph 7#a7 or 7#b7 of section #ajd may be available to carry out this subsection upon request of the ,state transportation department to the ,secretary4 4 #afab4 ,work zone safety ,section #ejd7;e77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,g7 and 7,h71 respectively2 and 7#b7 by inserting after subparagraph 7,e7 the following3 7,f7 tuition and direct educational expenses or other costs of instruction related to the work zone safety training and certification of employees of ,state and local transportation agencies and surface transportation construction workers2 4 #afac4 ,transportation education development program ,section #ejd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#a7 by inserting and 7#h7 through 7#i7 after paragraphs 7#a7 through 7#d72 and 7#b7 in subsection 7f7 by adding at the end the following3 7#d7 ,reports ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate an annual report that includes-- 7,a7 a list of all grant recipients under this subsection2 7,b7 an explanation of why each recipient was chosen in accordance with the criteria under paragraph 7#b72 7,c7 a summary of each recipient's objective to carry out the purpose described in paragraph 7#a7 and an analysis of progress made toward achieving each such objective2 7,d7 an accounting for the use of ,federal funds obligated or expended in carrying out this subsection2 and 7,e7 an analysis of outcomes of the program under this subsection4 4 #afad4 ,working group on construction resources 7a7 ,establishment ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a working group 7in this section referred to as the ,working ,group7 to conduct a study on access to covered resources for infrastructure projects4 7b7 ,membership 7#a7 ,appointment ,the ,secretary shall appoint to the ,working ,group individuals with knowledge and expertise in the production and transportation of covered resources4 7#b7 ,representation ,the ,working ,group shall include at least #a representative of each of the following3 7,a7 ,state departments of transportation4 7,b7 ,state agencies associated with covered resources protection4 7,c7 ,state planning and geologic survey and mapping agencies4 7,d7 ,commercial motor vehicle operators1 including small business operators and operators who transport covered resources4 7,e7 ,covered resources producers4 7,f7 ,construction contractors4 7,g7 ,metropolitan planning organizations and regional planning organizations4 7,h7 ,indian ,tribes1 including ,tribal elected leadership or ,tribal transportation officials4 7,i7 ,any other stakeholders that the ,secretary determines appropriate4 7#c7 ,termination ,the ,working ,group shall terminate #f months after the date on which the ,secretary receives the report under subsection 7e77#a74 7c7 ,duties ,in carrying out the study required under subsection 7a71 the ,working ,group shall analyze-- 7#a7 the use of covered resources in transportation projects funded with ,federal dollars2 7#b7 how the proximity of covered resources to such projects affects the cost and environmental impact of such projects2 7#c7 whether and how ,state1 ,tribal1 and local transportation and planning agencies consider covered resources when developing transportation projects2 and 7#d7 any challenges for transportation project sponsors regarding access and proximity to covered resources4 7d7 ,consultation ,in carrying out the study required under subsection 7a71 the ,working ,group shall consult with1 as appropriate-- 7#a7 chief executive officers of ,states2 7#b7 ,state1 ,tribal1 and local transportation and planning agencies2 7#c7 other relevant ,state1 ,tribal1 and local agencies1 including ,state agencies associated with covered resources protection2 7#d7 members of the public with industry experience with respect to covered resources2 7#e7 other ,federal entities that provide funding for transportation projects2 and 7#f7 any other stakeholder the ,working ,group determines appropriate4 7e7 ,reports 7#a7 ,working group report ,not later than #b years after the date on which the ,working ,group is established1 the ,working ,group shall submit to the ,secretary a report that includes-- 7,a7 the findings of the study required under subsection 7a71 including a summary of comments received during the consultation process under subsection 7d72 and 7,b7 any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects4 7#b7 ,departmental report ,not later than #c months after the date on which the ,secretary receives the report under paragraph 7#a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a summary of the findings under such report and any recommendations1 as appropriate4 7f7 ,definitions ,in this section3 7#a7 ,covered resources ,the term covered resources means common variety materials used in transportation infrastructure construction and maintenance1 including stone1 sand1 and gravel4 7#b7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and each territory or possession of the ,united ,states4 ,,ii ,public ,transportation ,a ,federal ,transit ,administration #baja4 ,authorizations 7a7 ,in general ,section #ecch of title #di1 ,united ,states ,code1 is amended to read as follows3 #ecch4 ,authorizations 7a7 ,grants 7#a7 ,in general ,there shall be available from the ,mass ,transit ,account of the ,highway ,trust ,fund to carry out sections #ecje1 #ecjg1 #ecjh1 #ecaj1 #ecaa1 #ecab1 #ecad1 #ecah1 #ecbj1 #ecbh1 #ecce1 #eccg1 #ecci1 and #ecdj-- 7,a7 #af1ahe1hjj1jjj for fiscal year #bjbb2 7,b7 #af1dcg1fjj1jjj for fiscal year #bjbc2 7,c7 #af1gjj1fjj1jjj for fiscal year #bjbd2 and 7,d7 #af1ifc1fjj1jjj for fiscal year #bjbe4 7#b7 ,allocation of funds ,of the amounts made available under paragraph 7#a7-- 7,a7 #ahi1hgi1aea for fiscal year #bjbb1 #aib1hda1bff for fiscal year #bjbc1 #aie1ibf1gbf for fiscal year #bjbd1 and #aii1jjb1ggf for fiscal year #bjbe1 shall be available to carry out section #ecje2 7,b7 #g1eje1hcj1hdh for fiscal year #bjbb1 #g1fbb1iba1hji for fiscal year #bjbc1 #g1gdd1hhh1eeh for fiscal year #bjbd1 and #g1hff1dhc1cji for fiscal year #bjbe shall be allocated in accordance with section #eccf to provide financial assistance for urbanized areas under section #ecjg2 7,c7 #aja1eaj1jjj for fiscal year #bjbb1 #ajc1jic1eef for fiscal year #bjbc1 #ajd1gdc1jec for fiscal year #bjbd1 and #ajf1chg1eai for fiscal year #bjbe shall be available for grants under section #ecjh2 7,d7 #dcd1hcj1bih for fiscal year #bjbb1 #dda1fac1fea for fiscal year #bjbc1 #ddh1fgi1dfi for fiscal year #bjbd1 and #dee1gbc1gcg for fiscal year #bjbe shall be available to carry out section #ecaj1 of which not less than-- 7i7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out section #ecaj7;j72 and 7ii7 #bj1cjb1jjj for fiscal year #bjbb1 #bj1fah1gaa for fiscal year #bjbc1 #bj1idh1faa for fiscal year #bjbd1 and #ba1bgg1ejd for fiscal year #bjbe shall be available to carry out section #ecaj7k72 7,e7 #a1jbe1aii1gbd for fiscal year #bjbb1 #a1jda1aib1hci for fiscal year #bjbc1 #a1jeg1hea1ibe for fiscal year #bjbd1 and #a1jgd1dfj1bjj for fiscal year #bjbe shall be available to carry out section #ecaa1 of which not less than-- 7i7 #de1fgi1ejj for fiscal year #bjbb1 #df1cib1ajj for fiscal year #bjbc1 #dg1acd1cgd for fiscal year #bjbd1 and #dg1hgd1chc for fiscal year #bjbe shall be available to carry out section #ecaa7;c77#a72 and 7ii7 #ej1gee1jjj for fiscal year #bjbb1 #ea1edf1ggh for fiscal year #bjbc1 #eb1cga1ebf for fiscal year #bjbd1 and #ec1aic1gei for fiscal year #bjbe shall be available to carry out section #ecaa7;c77#b72 7,f7 #cc1dih1cjj for fiscal year #bjbb1 #cd1jbj1hgc for fiscal year #bjbc1 #cd1efe1bjg for fiscal year #bjbd1 and #ce1ajg1hha for fiscal year #bjbe shall be available to carry out section #ecab1 of which not less than-- 7i7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out each of sections #ecab7;d77#c71 #ecab7;d77#d7 and #ecab7;j72 7ii7 #c1jde1cjj for fiscal year #bjbb1 #c1jib1hjg for fiscal year #bjbc1 #c1adb1bib for fiscal year #bjbd1 and #c1aia1fbf for fiscal year #bjbe shall be available to carry out section #ecab7;h72 and 7iii7 #aj1aea1jjj for fiscal year #bjbb1 #aj1cji1cef for fiscal year #bjbc1 #aj1dgd1cje for fiscal year #bjbd1 and #aj1fch1geb for fiscal year #bjbe shall be available to carry out section #ecab7;i72 7,g7 #bc1cdg1cjj for fiscal year #bjbb1 #bc1gaa1eah for fiscal year #bjbc1 #bd1jij1ijb for fiscal year #bjbd1 and #bd1dfi1abi for fiscal year #bjbe shall be available to carry out section #ecad1 of which not less than-- 7i7 #d1jfj1djj for fiscal year #bjbb1 #d1abc1gdb for fiscal year #bjbc1 #d1ahi1gbb for fiscal year #bjbd1 and #d1bee1eja for fiscal year #bjbe shall be available to carry out section of #ecad7;a72 7ii7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out section #ecad7;c72 and 7iii7 #ab1aha1bjj for fiscal year #bjbb1 #ab1cga1bbg for fiscal year #bjbc1 #ab1efi1aff for fiscal year #bjbd1 and #ab1gff1ejb for fiscal year #bjbe shall be available to carry out section #ecad7;b77#b72 7,h7 #e1jge1ejj for fiscal year #bjbb1 #e1aed1fgh for fiscal year #bjbc1 #e1bcg1aec for fiscal year #bjbd1 and #e1cai1cgf for fiscal year #bjbe shall be available to carry out section #ecah2 7,i7 #cj1dec1jjj for fiscal year #bjbb1 #cj1ibh1jfg for fiscal year #bjbc1 #ca1dbb1iaf for fiscal year #bjbd1 and #ca1iaf1bef for fiscal year #bjbe shall be available to carry out section #ecbh1 of which not less than-- 7i7 #be1cgg1ejj for fiscal year #bjbb1 #be1ggc1chi for fiscal year #bjbc1 #bf1ahe1gfc for fiscal year #bjbd1 and #bf1eif1hhj for fiscal year #bjbe shall be available to carry out section of #ecbh7;b72 and 7ii7 #b1ecg1gej for fiscal year #bjbb1 #b1egg1cci for fiscal year #bjbc1 #b1fah1egf for fiscal year #bjbd1 and #b1fei1fhh for fiscal year #bjbe shall be available to carry out section #ecbh7;c72 7,j7 #d1jfj1djj for fiscal year #bjbb1 #d1abc1gdb for fiscal year #bjbc1 #d1ahi1gbb for fiscal year #bjbd1 and #d1bee1eja for fiscal year #bjbe shall be available to carry out section #ecce2 7,k7 #d1aib1egc1cfa for fiscal year #bjbb1 #d1bff1ddh1cad for fiscal year #bjbc1 #d1cdd1jic1hgj for fiscal year #bjbd1 and #d1dbb1cad1gbd for fiscal year #bjbe shall be available to carry out section #eccg2 7,l7 to carry out the bus formula program under section #ecci7;a7-- 7i7 #a1bdj1cbh1bac for fiscal year #bjbb1 #a1bei1ffg1ccd for fiscal year #bjbc1 #a1bgi1hcb1aga for fiscal year #bjbd1 and #a1bii1ibe1ecf for fiscal year #bjbe2 except that 7ii7 #ae percent of the amounts under clause 7i7 shall be available to carry out #ecci7;d72 7,m7 #dcg1jhj1jjj for fiscal year #bjbb1 #dbd1gdh1ddh for fiscal year #bjbc1 #chg1idd1dbc for fiscal year #bjbd1 and #cea1ajj1aea for fiscal year #bjbe shall be available to carry out section #ecci7;b72 7,n7 #cge1jjj1jjj for fiscal year #bjbb1 #djj1jjj1jjj for fiscal year #bjbc1 #dej1jjj1jjj for fiscal year #bjbd1 and #ejj1jjj1jjj for fiscal year #bjbe shall be available to carry out section #ecci7;c72 and 7,o7 #ehg1acc1ije for each of fiscal years #bjbb through #bjbe shall be available to carry out section #ecdj to provide financial assistance for urbanized areas under section #ecjg and rural areas under section #ecaa1 of which-- 7i7 #cji1fhh1ijh for each of fiscal years #bjbb through #bjbe shall be for growing ,states under section #ecdj7;c72 and 7ii7 #bgg1ddd1iig for each of fiscal years #bjbb through #bjbe shall be for high density ,states under section #ecdj7;d74 7b7 ,capital investment grants ,there are authorized to be appropriated to carry out section #ecji #c1ejj1jjj1jjj for fiscal year #bjbb1 #d1bej1jjj1jjj for fiscal year #bjbc1 #e1jjj1jjj1jjj for fiscal year #bjbd1 and #e1ejj1jjj1jjj for fiscal year #bjbe4 7c7 ,administration 7#a7 ,in general ,there are authorized to be appropriated to carry out section #eccd1 #adb1jfj1ghe for fiscal year #bjbb1 #add1aia1fif for fiscal year #bjbc1 #adf1dab1bdh for fiscal year #bjbd1 and #adh1feb1cef for fiscal year #bjbe4 7#b7 ,section #ecbi ,of the amounts authorized to be appropriated under paragraph 7#a71 not less than #f1jjj1jjj for each of fiscal years #bjbb through #bjbe shall be available to carry out section #ecbi4 7#c7 ,section #ecbf ,of the amounts made available under paragraph 7#b71 not less than #b1ejj1jjj for each of fiscal years #bjbb through #bjbe shall be available to carry out section #ecbf4 7d7 ,oversight 7#a7 ,in general ,of the amounts made available to carry out this chapter for a fiscal year1 the ,secretary may use not more than the following amounts for the activities described in paragraph 7#b73 7,a7 #j4e percent of amounts made available to carry out section #ecje4 7,b7 #j4ge percent of amounts made available to carry out section #ecjg4 7,c7 #a percent of amounts made available to carry out section #ecji4 7,d7 #a percent of amounts made available to carry out section #fja of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abf ,stat4 #difh74 7,e7 #j4e percent of amounts made available to carry out section #ecaj4 7,f7 #j4e percent of amounts made available to carry out section #ecaa4 7,g7 #a percent of amounts made available to carry out section #eccg1 of which not less than #be percent of such amounts shall be available to carry out section #ecbi and of which not less than #aj percent of such amounts shall be made available to carry out section #ecbj4 7,h7 #a percent of amounts made available to carry out section #ecci of which not less than #aj percent of such amounts shall be made available to carry out section #ecbj4 7#b7 ,activities ,the activities described in this paragraph are as follows3 7,a7 ,activities to oversee the construction of a major capital project4 7,b7 ,activities to review and audit the safety and security1 procurement1 management1 and financial compliance of a recipient or subrecipient of funds under this chapter4 7,c7 ,activities to provide technical assistance generally1 and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section4 7#c7 ,government share of costs ,the ,government shall pay the entire cost of carrying out a contract under this subsection_/activities described in paragraph 7#b74 7#d7 ,availability of certain funds ,funds made available under paragraph 7#a77;,c7 shall be made available to the ,secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement4 7e7 ,grants as contractual obligations 7#a7 ,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 project4 7#b7 ,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 ,congress4 7f7 ,availability of amounts ,amounts made available by or appropriated under this section shall remain available until expended4 4 7b7 ,conforming amendments 7#a7 ,section #ecaa of title #di1 ,united ,states ,code1 is amended by striking #ecch7;a77#b77;,f7 and inserting #ecch7;a77#b77;,e74 7#b7 ,section #ecab7;i77#a7 of title #di1 ,united ,states ,code1 is amended by striking #ecch7;a77#b77;,g77ii7 and inserting #ecch7;a77#b77;,f77iii74 7#c7 ,section #eccc7;b7 of title #di1 ,united ,states ,code1 is amended by striking #ecbh1 #eccg1 and #ecch7;b7 each place it appears and inserting and #eccg4 7#d7 ,section #eccf of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7d77#a7 by striking #ecch7;a77#b77;,c7 and inserting #ecch7;a77#b77;,b72 and 7,b7 in subsection 7h7 by striking #ecch7;a77#b77;,c7 and inserting #ecch7;a77#b77;,b74 7#e7 ,subsections 7c7 and 7d77#a7 of section #ecbg of title #di1 ,united ,states ,code1 are amended by striking #ecch7;f7 and inserting #ecch7;d74 7#f7 ,section #ecdj7;b7 of title #di1 ,united ,states ,code1 is amended by striking #ecch7;b77#b77,n7 and inserting #ecch7;a77#b77,o74 #bajb4 ,chapter #ec definitions ,section #ecjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,e7-- 7,a7 by striking and the installation and inserting 1 the installation2 and 7,b7 by inserting 1 and bikeshare projects after public transportation vehicles2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,g7 by striking clause 7iii7 and inserting the following3 7iii7 provides a fair share of revenue established by the ,secretary that will be used for public transportation1 except for a joint development that is a community service 7as defined by the ,federal ,transit ,administration71 publicly operated facility1 or offers a minimum of #ej percent of units as affordable housing1 meaning legally binding affordability restricted housing units available to tenants with incomes below #fj percent of the area median income or owners with incomes below the area median2 2 and 7,b7 in subparagraph 7,n7-- 7i7 by striking no emission and inserting zero emission2 and 7ii7 by striking 7as defined in section #ecci7;c772 and 7#c7 by adding at the end the following3 7#be7 ,resilience 7,a7 ,in general ,the term resilience means1 with respect to a facility1 the ability to-- 7i7 anticipate1 prepare for1 or adapt to conditions2 or 7ii7 withstand1 respond to1 or recover rapidly from disruptions4 7,b7 ,inclusions ,such term includes1 with respect to a facility1 the ability to-- 7i7 resist hazards or withstand impacts from disruptions2 7ii7 reduce the magnitude1 duration1 or impact of a disruption2 or 7iii7 have the absorptive capacity1 adaptive capacity1 and recoverability to decrease vulnerability to a disruption4 7#bf7 ,assault on a transit worker ,the term assault on a transit worker means any circumstance in which an individual knowingly1 without lawful authority or permission1 and with intent to endanger the safety of any individual1 or with a reckless disregard for the safety of human life1 interferes with1 disables1 or incapacitates any transit worker while the transit worker is performing his or her duties4 4 #bajc4 ,general provisions ,section #ecbc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking urban area and inserting urbanized area2 and 7ii7 by striking operator can provide and inserting operator provides2 and 7,b7 by adding at the end the following3 7#c7 ,exceptions ,this subsection shall not apply to financial assistance under this chapter-- 7,a7 in which the non-,federal share of project costs are provided from amounts received under a service agreement with a ,state or local social service agency or private social service organization pursuant to section #ecjg7;d77#c77;,e7 or section #ecaa7;g77#c77;,c72 7,b7 provided to a recipient or subrecipient whose sole receipt of such assistance derives from section #ecaj2 or 7,c7 provided to a recipient operating a fixed route service that is-- 7i7 for a period of less than #cj days2 7ii7 accessible to the public2 and 7iii7 contracted by a local government entity that provides local cost share to the recipient4 2 7#b7 in subsection 7h7-- 7,a7 in paragraph 7#a7 by adding or at the end2 and 7,b7 by striking paragraph 7#b7 and redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 by striking subsection 7j7 and inserting the following3 7j7 ,reporting accessibility complaints 7#a7 ,in general ,the ,secretary shall ensure that an individual who believes that he or she1 or a specific class in which the individual belongs1 has been subjected to discrimination on the basis of disability by a ,state or local governmental entity1 private nonprofit organization1 or ,tribe that operates a public transportation service and is a recipient or subrecipient of funds under this chapter1 may1 by the individual or by an authorized representative1 file a complaint with the ,department of ,transportation4 7#b7 ,procedures ,not later than #a year after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall implement procedures that allow an individual to submit a complaint described in paragraph 7#a7 by phone1 mail-in form1 and online through the website of the ,office of ,civil ,rights of the ,federal ,transit ,administration4 7#c7 ,notice to individuals with disabilities ,not later than #ab months after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall require that each public transit provider and contractor providing paratransit services shall include on a publicly available website of the service provider1 any related mobile device application1 and online service-- 7,a7 notice that an individual can file a disability-related complaint with the local transit agency and the process and any timelines for filing such a complaint2 7,b7 the telephone number1 or a comparable electronic means of communication1 for the disability assistance hotline of the ,office of ,civil ,rights of the ,federal ,transit ,administration2 7,c7 notice that a consumer can file a disability related complaint with the ,office of ,civil ,rights of the ,federal ,transit ,administration2 and 7,d7 an active link to the website of the ,office of ,civil ,rights of the ,federal ,transit ,administration for an individual to file a disability-related complaint4 7#d7 ,investigation of complaints ,not later than #fj days after the last day of each fiscal year1 the ,secretary shall publish a report that lists the disposition of complaints described in paragraph 7#a71 including-- 7,a7 the number and type of complaints filed with ,department of ,transportation2 7,b7 the number of complaints investigated by the ,department2 7,c7 the result of the complaints that were investigated by the ,department including whether the complaint was resolved-- 7i7 informally2 7ii7 by issuing a violation through a noncompliance ,letter of ,findings2 or 7iii7 by other means1 which shall be described2 and 7,d7 if a violation was issued for a complaint1 whether the ,department resolved the noncompliance by-- 7i7 reaching a voluntary compliance agreement with the entity2 7ii7 referring the matter to the ,attorney ,general2 or 7iii7 by other means1 which shall be described4 7#e7 ,report ,the ,secretary shall1 upon implementation of this section and annually thereafter1 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and make publicly available a report containing the information collected under this section4 2 7#d7 by striking subsection 7m7 and inserting the following3 7m7 ,preaward and postdelivery review of rolling stock purchases ,the ,secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with bid specifications requirements of grant recipients under this chapter4 ,under this subsection1 grantee inspections and review are required1 and a manufacturer certification is not sufficient4 2 7#e7 in subsection 7r7-- 7,a7 by inserting or beneficial after detrimental2 7,b7 by striking the period at the end and inserting 2 and2 7,c7 by striking under this chapter may not deny and inserting the following3 under this chapter-- 7#a7 may not deny 2 and 7,d7 by adding at the end the following3 7#b7 shall respond to any request for reasonable access within #ge days of the receipt of the request4 2 and 7#f7 by striking subsection 7t7 and redesignating subsections 7u7 and 7v7 as subsections 7t7 and 7u71 respectively4 #bajd4 ,miscellaneous provisions 7a7 ,state of good repair grants ,section #eccg7;e7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,accessibility costs ,notwithstanding paragraph 7#a71 the ,federal share of the net project cost of a project to provide accessibility in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 shall be #ij percent4 4 7b7 ,apportionments based on growing ,states and high density ,states formula factors ,section #ecdj7;a7 of title #di1 ,united ,states ,code1 is amended by inserting and the ,district of ,columbia after ,united ,states4 7c7 ,technical assistance and workforce development ,section #ecad of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,b7-- 7,a7 in clause 7i7 by striking 2 and and inserting a semicolon2 7,b7 in clause 7ii7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7iii7 technical assistance to assist recipients with the impacts of a new census count4 2 and 7#b7 in subsection 7c77#d77;,a7 by inserting 1 #ecaa after #ecjg4 7d7 ,administrative provisions ,section #eccd of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7l7 ,necessarily implied activities ,notwithstanding any other provision of law1 in the event of a lapse in authorization or appropriations for the ,federal transit program under this title1 the administrative activities that are necessary to disburse valid obligations are necessarily implied by the continued availability of funding for making disbursements of amounts previously obligated1 pursuant to section #aeec of title #ca4 4 7e7 ,national transit database ,section #ecce of title #di1 ,united ,states ,code1 is amended by inserting and any information on each assault on a transit worker after by the recipient4 7f7 ,urbanized area formula grants ,section #ecjg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,a7-- 7,a7 in clause 7i7 by striking or at the end2 and 7,b7 by adding at the end the following3 7iii7 operate a minimum of #aja buses and a maximum of #abe buses in fixed route service or demand response service1 excluding ,,ada complementary paratransit service1 during peak service hours1 in an amount not to exceed #be percent of the share of the apportionment which is attributable to such systems within the urbanized area1 as measured by vehicle revenue hours2 or 2 7#b7 in subsection 7a77#b77;,b7-- 7,a7 in clause 7i7 by striking or at the end2 7,b7 in clause 7ii7 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 operate a minimum of #aja buses and a maximum of #abe buses in fixed route service or demand response service1 excluding ,,ada complementary paratransit service1 during peak service hours1 in an amount not to exceed #be percent of the share of the apportionment allocated to such systems within the urbanized area1 as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection 7b74 2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#f7 by striking and at the end2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 ensure that the proposed program of projects provides improved access to transit for the individuals described in section #eccf7;j72 and 4 7g7 ,technical correction ,section #ecjg7;a77#b77;,b77ii7 of title #di1 ,united ,states ,code1 is amended by striking service during peak and inserting service1 during peak4 #baje4 ,policies and purposes ,section #ecja7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g7 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#h7 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#h7 reduce the contributions of the surface transportation system to the total carbon pollution of the ,united ,states2 and 7#i7 improve the resiliency of the public transportation network to withstand weather events and other natural disasters4 4 #bajf4 ,fiscal year #bjbb formulas ,for fiscal year #bjbb1 the ,secretary shall apportion and distribute formula funds provided for under chapter #ec of title #di1 ,united ,states ,code1 using data submitted to the #bjai ,national ,transit ,database4 ,b ,improving ,frequency and ,ridership #bbja4 ,multi-jurisdictional bus frequency and ridership competitive grants 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after section #ecjg the following new section3 #ecjh4 ,multi-jurisdictional bus frequency and ridership competitive grants 7a7 ,in general ,the ,secretary shall make grants under this section1 on a competitive basis1 to eligible recipients to increase the frequency and ridership of public transit buses4 7b7 ,applications ,to be eligible for a grant under this section1 an eligible recipient shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,application timing ,not later than #ij days after amounts are made available to carry out this section1 the ,secretary shall solicit grant applications from eligible recipients for projects described in subsection 7d74 7d7 ,uses of funds ,an eligible recipient of a grant under this section shall use such grant for capital projects that-- 7#a7 increase-- 7,a7 the frequency of bus service2 7,b7 bus ridership2 and 7,c7 total person throughput2 and 7#b7 are consistent with1 and as described in1 the design guidance issued by the ,national ,association of ,city ,transportation ,officials and titled ,transit ,street ,design ,guide4 7e7 ,grant criteria ,in making grants under this section1 the ,secretary shall consider the following3 7#a7 ,each eligible recipient's projected increase in bus frequency4 7#b7 ,each eligible recipient's projected increase in bus ridership4 7#c7 ,each eligible recipient's projected increase in total person throughput4 7#d7 ,the degree of regional collaboration described in each eligible recipient's application1 including collaboration with-- 7,a7 a local government entity that operates a public transportation service2 7,b7 local government agencies that control street design2 7,c7 metropolitan planning organizations 7as such term is defined in section #ecjc72 and 7,d7 ,state departments of transportation4 7f7 ,grant timing ,the ,secretary shall award grants under this section not later than #abj days after the date on which the ,secretary completes the solicitation described in subsection 7c74 7g7 ,requirements of the ,secretary ,in carrying out the program under this section1 the ,secretary shall-- 7#a7 not later than the date described in subsection 7c71 publish in the ,federal ,register a list of all metrics and evaluation procedures to be used in making grants under this section2 and 7#b7 publish in the ,federal ,register-- 7,a7 a summary of the final metrics and evaluations used in making grants under this section2 and 7,b7 a list of the ratings of eligible recipients receiving a grant under this section based on such metrics and evaluations4 7h7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of a project carried out under this section shall not exceed #hj percent4 7#b7 ,restriction on grant amounts ,the ,secretary may make a grant for a project under this section in an amount up to #aej percent of the amount-- 7,a7 provided for such project under title #bc2 and 7,b7 of remaining costs1 as defined under section #ecjg7;d77#c71 that were budgeted for roadways for such project4 7i7 ,requirements of section #ecjg ,except as otherwise provided in this section1 a grant under this section shall be subject to the requirements of section #ecjg4 7j7 ,availability of funds 7#a7 ,in general ,amounts made available to carry out this section shall remain available for #d fiscal years after the fiscal year for which the amount was made available4 7#b7 ,unobligated amounts ,after the expiration of the period described in paragraph 7#a7 for an amount made available to carry out this section1 any unobligated amounts made available to carry out this section shall be added to the amounts made available for the following fiscal year4 7k7 ,eligible recipients ,in this section1 the term eligible recipient means a recipient of a grant under section #ecjg in an urbanized area with a population greater than #ejj1jjj4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecjg the following new item3 #ecjh4 ,multi-jurisdictional bus frequency and ridership competitive grants4 4 #bbjb4 ,incentivizing frequency in the urban formula ,section #eccf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i7 by striking #ie4fa percent and inserting #ie percent2 7,,ii7 in clause 7i7 by striking #ie4fa percent and inserting #ie percent2 and 7,,iii7 in clause 7ii7 by striking #ie4fa percent and inserting #ie percent2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i7 by striking #d4ci percent and inserting #e percent2 7,,ii7 in clause 7i7-- 7aa7 by inserting in the highest #be percent of routes by ridership before multiplied by2 and 7bb7 by striking vehicle passenger miles traveled for each dollar of operating cost in an area and inserting vehicles operating in peak revenue service per hour in the highest #be percent of routes by ridership2 and 7,,iii7 in clause 7ii7-- 7aa7 by inserting in the highest #be percent of routes by ridership before multiplied by2 and 7bb7 by striking vehicle passenger miles traveled for each dollar of operating cost in all areas and inserting vehicles operating in peak revenue service per hour in the highest #be percent of routes by ridership2 and 7,b7 by adding at the end the following3 7#c7 ,special rule ,for fiscal year #bjbb1 the percentage-- 7,a7 in paragraph 7#b77;,a7 in the matter preceding clause 7i7 shall be treated as #ajj percent2 and 7,b7 in paragraph 7#b77;,b7 in the matter preceding clause 7i7 shall be treated as #j percent4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking #ij4h percent and inserting #ij percent each place it appears2 7,b7 in paragraph 7#b7-- 7i7 by striking #i4b percent and inserting #h percent2 7ii7 by striking #bjj1jjj and inserting #ejj1jjj2 7iii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 the number of bus passenger miles traveled on the highest #be percent of routes by ridership multiplied by the number of buses operating in peak revenue service per hour on the highest #be percent of routes by ridership2 divided by 2 and 7iv7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the total number of bus passenger miles traveled on the highest #be percent of routes by ridership multiplied by the total number of buses operating in peak revenue service per hour on the highest #be percent of routes by ridership in all areas4 2 and 7,c7 by adding at the end the following3 7#c7 #b percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least #bjj1jjj and less than #ejj1jjj is entitled to receive an amount using the formula in paragraph 7#a74 7#d7 ,for fiscal year #bjbb1 the percentage-- 7,a7 in paragraph 7#a7 in the matter preceding subparagraph 7,a7 shall be treated as #ajj percent2 7,b7 in paragraph 7#b7 in the matter preceding subparagraph 7,a7 shall be treated as #j percent2 and 7,c7 in paragraph 7#c7 shall be treated as #j percent4 2 and 7#c7 by adding at the end the following3 7k7 ,peak revenue service defined ,in this section1 the term peak revenue service means the time period between the time that an agency exceeds the number of midday vehicles in revenue service per hour in the morning peak and the time that an agency falls below the number of midday vehicles in revenue service per hour in the evening peak4 4 #bbjc4 ,mobility innovation 7a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after section #ecae the following new section3 #ecaf4 ,mobility innovation 7a7 ,in general ,amounts made available to a covered recipient to carry out sections #ecjg1 #ecaj1 and #ecaa may be used by such covered recipient under this section to assist in the financing of-- 7#a7 mobility as a service2 and 7#b7 mobility on demand services4 7b7 ,federal share 7#a7 ,in general ,except as provided in paragraphs 7#b71 7#c71 and 7#d71 the ,federal share of the net cost of a project carried out under this section shall not exceed #hj percent4 7#b7 ,mobility on demand service operating costs ,the ,federal share of the net cost of a project to provide for net operating costs for mobility on demand services shall not exceed #ej percent for any funds provided under section #ecjg4 7#c7 ,mobility as a service cost share ,notwithstanding paragraph 7#a71 the ,federal share of the net cost of mobility as a service shall not exceed #ij percent4 7#d7 ,zero emission incentive ,notwithstanding paragraphs 7#a7 and 7#b71 the ,federal share of the net cost of a project described in paragraph 7#a7 or 7#b7 shall be reduced by #be percent if such project involves an eligible use that uses a vehicle that produces carbon dioxide or particulate matter4 7c7 ,eligible uses 7#a7 ,in general ,the ,secretary shall publish guidance describing eligible activities that are reasonably expected to-- 7,a7 increase transit ridership2 7,b7 be complementary to fixed route transit service2 and 7,c7 demonstrate substantial improvements in-- 7i7 environmental metrics1 including standards established pursuant to the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 and greenhouse gas performance targets established pursuant to section #aej7;d7 of title #bc2 7ii7 traffic congestion2 7iii7 compliance with the requirements under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7iv7 low-income service to increase access to employment1 healthcare1 and other essential services2 7v7 service outside of transit agency operating hours2 7vi7 low density service2 and 7vii7 rural service4 7#b7 ,prohibition on use of funds ,amounts used by a covered recipient for projects eligible under this section may not be used for-- 7,a7 single passenger vehicle miles 7in a passenger motor vehicle1 as such term is defined in section #cbaja1 that carries less than #i passengers71 unless the trip-- 7i7 meets the definition of public transportation2 and 7ii7 begins or completes a fixed route public transportation trip2 or 7,b7 deadhead vehicle miles4 7d7 ,federal requirements ,a project carried out under this section shall be treated as if such project were carried out under the section from which the funds were provided to carry out such project1 including the application of any additional requirements provided for by law that apply to section #ecjg1 #ecaj1 or #ecaa1 as applicable4 7e7 ,waiver 7#a7 ,national waiver 7,a7 ,in general ,except as provided in paragraph 7#c71 the ,secretary may issue a national waiver for a requirement applied to projects carried out under this section pursuant to subsection 7d7 if the ,secretary determines that applying such requirement would be inconsistent with the public interest4 7,b7 ,public notification and comment 7i7 ,in general ,not later than #cj days before issuing a waiver described in subparagraph 7,a71 the ,secretary shall provide notification and an opportunity for public comment on such waiver4 7ii7 ,notification requirements ,the notification required under clause 7i7 shall be provided to the public by electronic means1 including on the public website of the ,department of ,transportation4 7,c7 ,final waiver ,before a national waiver takes effect1 the ,secretary shall publish a detailed justification for such waiver that addresses all public comments received under subparagraph 7,b7 on the public website for the ,department of ,transportation and in the ,federal ,register4 7#b7 ,individual waiver ,except as provided in paragraph 7#c71 the ,secretary may waive any requirement applied to a project carried out under this section pursuant to subsection 7d7 if the ,secretary determines that applying such requirement would be inconsistent with the public interest4 7#c7 ,waiver under other sections ,the ,secretary may not waive any requirement under paragraph 7#a7 or 7#b7 for which a waiver is otherwise available4 7#d7 ,prohibition of waiver ,notwithstanding paragraphs 7#a7 and 7#b71 the ,secretary may not waive any requirement of-- 7,a7 section #eccc2 7,b7 section #ecca2 and 7,c7 section #ecjb7ad74 7#e7 ,application of section #ecbj ,notwithstanding paragraphs 7#a71 7#b71 and 7#c71 the ,secretary may only waive the requirements of section #ecbj with respect to-- 7,a7 a passenger vehicle owned by an individual2 and 7,b7 subsection 7q7 of such section for any passenger vehicle not owned by an individual for the period beginning on the date of enactment of this section and ending #c years after such date4 7f7 ,open data standards 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary shall initiate procedures under subchapter ,,iii of chapter #e of title #e to develop an open data standard and an application programming interface necessary to carry out this section4 7#b7 ,regulations ,the regulations required under paragraph 7#a7 shall enable public transportation agencies1 mobility on demand providers1 mobility as a service technology providers1 and local governments the efficient means to transfer data to-- 7,a7 foster the efficient use of transportation capacity2 7,b7 enhance the management of new modes of mobility2 7,c7 enable the use of innovative planning tools2 7,d7 enable single payment systems for all mobility on demand services2 7,e7 establish metropolitan planning organization1 ,state1 and local government access to anonymized data for transportation planning1 real time operations data1 and rules2 7,f7 safeguard personally identifiable information2 7,g7 protect confidential business information2 and 7,h7 enhance cybersecurity protections4 7#c7 ,committee ,a negotiated rulemaking committee established pursuant to section #efe of title #e to carry out this subsection shall have a maximum of #ag members limited to representatives of the ,department of ,transportation1 ,state and local governments1 metropolitan planning organizations1 urban and rural covered recipients1 associations that represent public transit agencies1 labor representatives1 mobility on demand providers1 and mobility as a service technology providers4 7#d7 ,publication of proposed regulations ,proposed regulations to implement this section shall be published in the ,federal ,register by the ,secretary not later than #ah months after such date of enactment4 7#e7 ,extension of deadlines ,a deadline set forth in paragraph 7#c7 may be extended up to #ahj days if the negotiated rulemaking committee referred to in paragraph 7#d7 concludes that the committee cannot meet the deadline and the ,secretary so notifies the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7g7 ,application of recipient revenue vehicle miles ,with respect to revenue vehicle miles with one passenger of a covered recipient using amounts under this section1 such miles-- 7#a7 shall be included in the ,national ,transit ,database under section #ecce2 and 7#b7 shall be excluded from vehicle revenue miles data used in the calculation described in section #eccf4 7h7 ,savings clause ,subsection 7c77#b7 and subsection 7g7 shall not apply to any eligible activities under this section if such activities are being carried out in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7i7 ,definitions ,in this section3 7#a7 ,deadhead vehicle miles ,the term deadhead vehicle miles means the miles that a vehicle travels when out of revenue service1 including leaving or returning to the garage or yard facility1 changing routes1 when there is no expectation of carrying revenue passengers1 and any miles traveled by a private operator without a passenger4 7#b7 ,mobility as a service ,the term mobility as a service means services that constitute the integration of mobility on demand services and public transportation that are available and accessible to all travelers1 provide multimodal trip planning1 and a unified payment system4 7#c7 ,mobility on demand ,the term mobility on demand means an on-demand transportation service shared among individuals1 either concurrently or one after another4 7#d7 ,covered recipient ,the term covered recipient means a ,state or local government entity1 private nonprofit organization1 or ,tribe that-- 7,a7 operates a public transportation service2 and 7,b7 is a recipient or subrecipient of funds under section #ecjg1 #ecaj1 or #ecaa4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecae the following new item3 #ecaf4 ,mobility innovation4 4 #bbjd4 ,formula grants for rural areas ,section #ecaa of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b7 by adding at the end the following3 7,d7 ,census designation ,the ,secretary may approve a ,state program that allocates not more than #e percent of such ,state's apportionment to assist rural areas that were redesignated as urban areas not more than #b fiscal years after the last census designation of urbanized area boundaries4 2 and 7,b7 in paragraph 7#c7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 7ii7 in subparagraph 7,a7 by striking #e1jjj1jjj and inserting #aj1jjj1jjj2 and 7iii7 in subparagraph 7,b7 by striking #cj1jjj1jjj and inserting the amount remaining under section #ecch7;a77#b77;,e77i7 after the amount under subparagraph 7,a7 is distributed2 7,b7 in paragraph 7#b77;,c7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 and 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by striking section #ecch7;a77#b77;,f7 and inserting section #ecch7;a77#b77;,e72 and 7ii7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,land area 7i7 ,in general ,subject to clause 7ii71 each ,state shall receive an amount that is equal to #ae percent of the amount apportioned under this paragraph1 multiplied by the ratio of the land area in rural areas in that ,state and divided by the land area in all rural areas in the ,united ,states1 as shown by the most recent decennial census of population4 7ii7 ,maximum apportionment ,no ,state shall receive more than #e percent of the amount apportioned under clause 7i74 7,c7 ,population ,each ,state shall receive an amount equal to #ej percent of the amount apportioned under this paragraph1 multiplied by the ratio of the population of rural areas in that ,state and divided by the population of all rural areas in the ,united ,states1 as shown by the most recent decennial census of population4 7,d7 ,vehicle revenue miles 7i7 ,in general ,subject to clause 7ii71 each ,state shall receive an amount that is equal to #be percent of the amount apportioned under this paragraph1 multiplied by the ratio of vehicle revenue miles in rural areas in that ,state and divided by the vehicle revenue miles in all rural areas in the ,united ,states1 as determined by national transit database reporting4 7ii7 ,maximum apportionment ,no ,state shall receive more than #e percent of the amount apportioned under clause 7i74 7,e7 ,low-income individuals ,each ,state shall receive an amount that is equal to #aj percent of the amount apportioned under this paragraph1 multiplied by the ratio of low-income individuals in rural areas in that ,state and divided by the number of low-income individuals in all rural areas in the ,united ,states1 as shown by the ,bureau of the ,census4 2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by inserting ,a ,state may expend funds to continue service into another ,state to extend a route4 before ,eligible activities under2 and 7,b7 in paragraph 7#b7 by inserting and makes the certification and supporting documents publicly available before the period at the end2 and 7#d7 in subsection 7g7 by adding at the end the following3 7#f7 ,allowance for volunteer hours 7,a7 ,applicable regulations ,for any funds provided by a department or agency of the ,government under paragraph 7#c77;,d7 or by a service agreement under paragraph 7#c77;,c71 and such department or agency has regulations in place that provide for the valuation of volunteer hours as allowable in-kind contributions toward the non-,federal share of project costs1 such regulations shall be used to determine the allowable valuation of volunteer hours as an in-kind contribution toward the non-,federal remainder of net project costs for a transit project funded under this section4 7,b7 ,limitations ,subparagraph 7,a7 shall not apply to the provision of fixed-route bus services funded under this section4 4 #bbje4 ,one-stop paratransit program ,section #ecaj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,one-stop paratransit program 7#a7 ,in general ,not later than #f months after the date of enactment of this subsection1 the ,secretary shall establish a one-stop paratransit competitive grant program to encourage an extra stop in non-fixed route ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 service for a paratransit rider to complete essential tasks4 7#b7 ,preference ,the ,secretary shall give preference to eligible recipients that-- 7,a7 have comparable data for the year prior to implementation of the grant program and made available to the ,secretary1 academic and nonprofit organizations for research purposes2 and 7,b7 plan to use agency personnel to implement the pilot program4 7#c7 ,application criteria ,to be eligible to participate in the grant program1 an eligible recipient shall submit to the ,secretary an application containing such information as the ,secretary may require1 including information on-- 7,a7 locations the eligible entity intends to allow a stop at1 if stops are limited1 including-- 7i7 childcare or education facilities2 7ii7 pharmacies2 7iii7 grocery stores2 and 7iv7 bank or ,,atm locations2 7,b7 methodology for informing the public of the grant program2 7,c7 vehicles1 personnel1 and other resources that will be used to implement the grant program2 7,d7 if the applicant does not intend the grant program to apply to the full area under the jurisdiction of the applicant1 a description of the geographic area in which the applicant intends the grant program to apply2 and 7,e7 the anticipated amount of increased operating costs4 7#d7 ,selection ,the ,secretary shall seek to achieve diversity of participants in the grant program by selecting a range of eligible entities that includes at least-- 7,a7 #e eligible recipients that serve an area with a population of #ej1jjj to #bjj1jjj2 7,b7 #aj eligible recipients that serve an area with a population of over #bjj1jjj2 and 7,c7 #e eligible recipients that provide transportation for rural communities4 7#e7 ,data-sharing criteria ,an eligible recipient in this subsection shall provide data as the ,secretary requires1 including-- 7,a7 number of ,,ada paratransit trips conducted each year2 7,b7 requested time of each paratransit trip2 7,c7 scheduled time of each paratransit trip2 7,d7 actual pickup time for each paratransit trip2 7,e7 average length of a stop in the middle of a ride as allowed by this subsection2 7,f7 any complaints received by a paratransit rider2 7,g7 rider satisfaction with paratransit services2 and 7,h7 after the completion of the grant1 an assessment by the eligible recipient of its capacity to continue a one-stop program independently4 7#f7 ,report 7,a7 ,in general ,the ,secretary shall make publicly available an annual report on the program carried out under this subsection for each fiscal year1 not later than ,december #ca of the calendar year in which such fiscal year ends4 7,b7 ,contents ,the report required under subparagraph 7,a7 shall include a detailed description of the activities carried out under the program1 and an evaluation of the program1 including an evaluation of the data shared by eligible recipients under paragraph 7#e74 4 ,c ,buy ,america and ,other ,procurement ,reforms #bcja4 ,buy ,america 7a7 ,buy ,america 7#a7 ,in general ,chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting before section #ecba the following3 #ecbj4 ,buy ,america 7a7 ,in general ,the ,secretary may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel1 iron1 and manufactured goods used in the project are produced in the ,united ,states4 7b7 ,waiver ,the ,secretary may waive subsection 7a7 if the ,secretary finds that-- 7#a7 applying subsection 7a7 would be inconsistent with the public interest2 7#b7 the steel1 iron1 and goods produced in the ,united ,states are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality2 7#c7 when procuring rolling stock 7including train control1 communication1 traction power equipment1 and rolling stock prototypes7 under this chapter-- 7,a7 the cost of components and subcomponents produced in the ,united ,states is more than #gj percent of the cost of all components of the rolling stock2 and 7,b7 final assembly of the rolling stock has occurred in the ,united ,states2 or 7#d7 including domestic material will increase the cost of the overall project by more than #be percent4 7c7 ,written waiver determination and annual report 7#a7 ,waiver procedure ,not later than #abj days after the submission of a request for a waiver1 the ,secretary shall make a determination under subsection 7b77#a71 7b77#b71 or 7b77#d7 as to whether to waive subsection 7a74 7#b7 ,public notification and comment 7,a7 ,in general ,not later than #cj days before making a determination regarding a waiver described in paragraph 7#a71 the ,secretary shall provide notification and an opportunity for public comment on the request for such waiver4 7,b7 ,notification requirements ,the notification required under subparagraph 7,a7 shall-- 7i7 describe whether the application is being made for a waiver described in subsection 7b77#a71 7b77#b7 or 7b77#d72 and 7ii7 be provided to the public by electronic means1 including on the public website of the ,department of ,transportation4 7#c7 ,determination ,before a determination described in paragraph 7#a7 takes effect1 the ,secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph 7#b7-- 7,a7 on the public website of the ,department of ,transportation2 and 7,b7 if the ,secretary issues a waiver with respect to such determination1 in the ,federal ,register4 7#d7 ,annual report ,annually1 the ,secretary shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report listing any waiver issued under paragraph 7#a7 during the preceding year4 7d7 ,rolling stock waiver conditions 7#a7 ,labor costs for final assembly ,in this section1 labor costs involved in final assembly shall be included as a separate component in the cost of components and subcomponents under subsection 7b77#c77;,a74 7#b7 ,high domestic content component bonus ,in this section1 in calculating the domestic content of the rolling stock under subsection 7b77#c71 the percent1 rounded to the nearest whole number1 of the domestic content in components of such rolling stock1 weighted by cost1 shall be used in calculating the domestic content of the rolling stock1 except-- 7,a7 with respect to components that exceed-- 7i7 #gj percent domestic content1 the ,secretary shall add #aj additional percent to the component's domestic content when calculating the domestic content of the rolling stock2 and 7ii7 #ge percent domestic content1 the ,secretary shall add #ae additional percent to the component's domestic content when calculating the domestic content of the rolling stock2 and 7,b7 in no case may a component exceed #ajj domestic content when calculating the domestic content of the rolling stock4 7#c7 ,rolling stock frames or car shells ,in calculating the cost of the domestic content of the rolling stock under subsection 7b77#c71 in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than #cjj1jjj1 if rolling stock frames or car shells are not produced in the ,united ,states1 the ,secretary shall include in the calculation of the domestic content of the rolling stock the cost of the steel or iron that is produced in the ,united ,states and used in the rolling stock frames or car shells4 7#d7 ,treatment of waived components and subcomponents ,in this section1 a component or subcomponent waived under subsection 7b7 shall be excluded from any part of the calculation required under subsection 7b77#c77;,a74 7#e7 ,zero-emission vehicle domestic battery cell incentive ,the ,secretary shall provide an additional #b4e percent of domestic content to the total rolling stock domestic content percentage calculated under this section for any zero-emission vehicle that uses only battery cells for propulsion that are manufactured domestically4 7e7 ,certification of domestic supply and disclosure 7#a7 ,certification of domestic supply ,if the ,secretary denies an application for a waiver under subsection 7b71 the ,secretary shall provide to the applicant a written certification that-- 7,a7 the steel1 iron1 or manufactured goods1 as applicable1 7referred to in this paragraph as the item7 is produced in the ,united ,states in a sufficient and reasonably available amount2 7,b7 the item produced in the ,united ,states is of a satisfactory quality2 and 7,c7 includes a list of known manufacturers in the ,united ,states from which the item can be obtained4 7#b7 ,disclosure ,the ,secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the ,department of ,transportation4 7f7 ,waiver prohibited ,the ,secretary may not make a waiver under subsection 7b7 for goods produced in a foreign country if the ,secretary1 in consultation with the ,united ,states ,trade ,representative1 decides that the government of that foreign country-- 7#a7 has an agreement with the ,united ,states ,government under which the ,secretary has waived the requirement of this section2 and 7#b7 has violated the agreement by discriminating against goods to which this section applies that are produced in the ,united ,states and to which the agreement applies4 7g7 ,penalty for mislabeling and misrepresentation ,a person is ineligible under subpart #i4d of the ,federal ,acquisition ,regulation1 or any successor thereto1 to receive a contract or subcontract made with amounts authorized under title ,,ii of the ,,invest in ,america ,act if a court or department1 agency1 or instrumentality of the ,government decides the person intentionally-- 7#a7 affixed a ,made in ,america label1 or a label with an inscription having the same meaning1 to goods sold in or shipped to the ,united ,states that are used in a project to which this section applies but not produced in the ,united ,states2 or 7#b7 represented that goods described in paragraph 7#a7 were produced in the ,united ,states4 7h7 ,state requirements ,the ,secretary may not impose any limitation on assistance provided under this chapter that restricts a ,state from imposing more stringent requirements than this subsection on the use of articles1 materials1 and supplies mined1 produced1 or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those ,state-imposed requirements4 7i7 ,opportunity to correct inadvertent error ,the ,secretary may allow a manufacturer or supplier of steel1 iron1 or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification 7but not including failure to sign the certification7 under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error4 ,the burden of establishing inadvertent or clerical error is on the manufacturer or supplier4 7j7 ,administrative review ,a party adversely affected by an agency action under this subsection shall have the right to seek review under section #gjb of title #e4 7k7 ,steel and iron ,for purposes of this section1 steel and iron meeting the requirements of section #ffa4e7;b7 of title #di1 ,code of ,federal ,regulations1 may be considered produced in the ,united ,states4 7l7 ,definition of small purchase ,for purposes of determining whether a purchase qualifies for a general public interest waiver under subsection 7b77#a71 including under any regulation promulgated under such subsection1 the term small purchase means a purchase of not more than #aej1jjj4 7m7 ,preaward and postdelivery review of rolling stock purchases 7#a7 ,in general ,the ,secretary shall prescribe regulations requiring a preaward and postdelivery certification of a rolling stock vehicle that meets the requirements of this section and ,government motor vehicle safety requirements to be eligible for a grant under this chapter4 ,for compliance with this section-- 7,a7 ,federal inspections and review are required2 7,b7 a manufacturer certification is not sufficient2 and 7,c7 a rolling stock vehicle that has been certified by the ,secretary remains certified until the manufacturer makes a material change to the vehicle1 or adjusts the price of the vehicle1 that reduces1 by more than half1 the percentage of domestic content above #gj percent4 7#b7 ,certification of percentage ,the ,secretary may1 at the request of a component or subcomponent manufacturer1 certify the percentage of domestic content and final assembly for a component or subcomponent4 7#c7 ,freedom of information act ,in carrying out this subsection1 the ,secretary shall consistently apply the provisions of section #eeb of title #e1 including subsection 7b77#d7 of such section4 7#d7 ,noncompliance ,the ,secretary shall prohibit recipients from procuring rolling stock1 components1 or subcomponents from a supplier that intentionally provides false information to comply with this subsection4 7n7 ,scope ,the requirements of this section apply to all contracts for a public transportation project carried out within the scope of the applicable finding1 determination1 or decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source of such contracts1 if at least one contract for the public transportation project is funded with amounts made available to carry out this chapter4 7o7 ,buy ,america conformity ,the ,secretary shall ensure that all ,federal funds for commuter rail projects shall comply with this section and shall not be subject to section #bbije7;a74 7p7 ,audits and reporting of waste1 fraud1 and abuse 7#a7 ,in general ,the ,inspector ,general of the ,department of ,transportation shall conduct an annual audit on certifications under subsection 7m74 7#b7 ,report fraud1 waste1 and abuse ,the ,secretary shall display a ,report ,fraud1 ,waste1 and ,abuse button and link to ,department of ,transportation's ,office of ,inspector ,general ,hotline on the ,federal ,transit ,administration's ,buy ,america landing page4 7#c7 ,contract requirement ,the ,secretary shall require all recipients who enter into contracts to purchase rolling stock with funds provided under this chapter to include in such contract information on how to contact the ,department of ,transportation's ,office of ,inspector ,general ,hotline to report suspicions of fraud1 waste1 and abuse4 7q7 ,passenger motor vehicles 7#a7 ,in general ,any domestically manufactured passenger motor vehicle shall be considered to be produced in the ,united ,states under this section4 7#b7 ,domestically manufactured passenger motor vehicle ,in this subsection1 the term domestically manufactured passenger motor vehicle means any passenger motor vehicle1 as such term is defined in section #cbcjd7;a7 that-- 7,a7 has under section #cbcjd7;b77#a77;,b7 its final assembly place in the ,united ,states2 and 7,b7 the percentage 7by value7 of passenger motor equipment under section #cbcjd7;b77#a77;,a7 equals or exceeds #fj percent value added4 4 7#b7 ,clerical amendment ,the analysis for chapter #ec of title #di1 ,united ,states ,code1 is amended by inserting before the item relating to section #ecba the following3 #ecbj4 ,buy ,america4 4 7#c7 ,conforming amendments 7,a7 ,technical assistance and workforce development ,section #ecad7;a77#b77;,g7 of title #di1 ,united ,states ,code1 is amended by striking sections #ecbc7;j7 and #ecbc7m7 and inserting section #ecbj4 7,b7 ,urbanized area formula grants ,section #ecjg7;c77#a77;,e7 of title #di1 ,united ,states ,code1 is amended by inserting 1 #ecbj1 after #ecbc4 7,c7 ,innovative procurement ,section #cjai7;c77#b77;,e77ii7 of the ,,fast ,act 7#di ,u4,s4,c4 #ecbe note7 is amended by striking #ebcb7;j7 and inserting #ecbj4 7b7 ,bus rolling stock ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to revise ,appendix ,b and ,appendix ,d of section #ffa4aa of title #di1 ,code of ,federal ,regulations1 with respect to bus rolling stock to maximize job creation and align such section with modern manufacturing techniques4 7c7 ,rail rolling stock ,not later than #cj months after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to revise subsections 7t71 7u71 and 7v7 of section #ffa4aa of title #di1 ,code of ,federal ,regulations1 with respect to rail rolling stock to maximize job creation and align such section with modern manufacturing techniques4 7d7 ,rule of applicability 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to any contract entered into on or after the date of enactment of this ,act4 7#b7 ,delayed applicability of certain provisions ,contracts described in paragraph 7#a7 shall be subject to the following delayed applicability requirements3 7,a7 ,section #ecbj7m77#b7 shall apply to contracts entered into on or after the date that is #cj days after the date of enactment of this ,act4 7,b7 ,notwithstanding subparagraph 7,a71 section #ecbj7m7 shall apply to contracts for the procurement of bus rolling stock beginning on the earlier of-- 7i7 #ahj days after the date on which final regulations are issued pursuant to subsection 7b72 or 7ii7 the date that is #a year after the date of enactment of this ,act4 7,c7 ,notwithstanding subparagraph 7,a71 section #ecbj7m7 shall apply to contracts for the procurement of rail rolling stock beginning on the earlier of-- 7i7 #ahj days after the date on which final regulations are issued pursuant to subsection 7c72 or 7ii7 the date that is #b years after the date of enactment of this ,act4 7,d7 ,section #ecbj7p77#a7 shall apply on the date that is #a year after the latest of the application dates described in subparagraphs 7,a7 through 7,c74 7#c7 ,special rule for certain contracts ,for any contract described in paragraph 7#a7 for which the delivery for the first production vehicle occurs before ,october #a1 #bjbd1 paragraphs 7#a7 and 7#d7 of section #ecbj7;d7 shall not apply4 7#d7 ,special rule for battery cell incentives ,for any contract described in paragraph 7#a7 for which the delivery for the first production vehicle occurs before ,october #a1 #bjbb1 section #ecbj7;d77#e7 shall not apply4 7e7 ,special rule for domestic content ,for the calculation of the percent of domestic content calculated under section #ecbj7;d77#b7 for a contract for rolling stock entered into on or after ,october #a1 #bjbj-- 7#a7 if the delivery of the first production vehicle occurs in fiscal year #bjbb or fiscal year #bjbc1 for components that exceed #gj percent domestic content1 the ,secretary shall add #bj additional percent to the component's domestic content2 and 7#b7 if the delivery of the first production vehicle occurs in fiscal year #bjbd or fiscal year #bjbe-- 7,a7 for components that exceed #gj percent but do not exceed #ge percent domestic content1 the ,secretary shall add #ae additional percent to the component's domestic content2 or 7,b7 for components that exceed #ge percent domestic content1 the ,secretary shall add #bj additional percent to the component's domestic content4 #bcjb4 ,bus procurement streamlining ,section #ecbc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7v7 ,bus procurement streamlining 7#a7 ,in general ,the ,secretary may only obligate amounts for acquisition of buses under this chapter to a recipient that issues a request for proposals for an open market procurement that meets the following criteria3 7,a7 ,such request for proposals is limited to performance specifications1 except for components or subcomponents identified in the negotiated rulemaking carried out pursuant to this subsection4 7,b7 ,such request for proposals does not seek any alternative design or manufacture specification of a bus offered by a manufacturer1 except to require a component or subcomponent identified in the negotiated rulemaking carried out pursuant to this subsection4 7#b7 ,specific bus component negotiated rulemaking 7,a7 ,initiation ,not later than #abj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall initiate procedures under subchapter ,,iii of chapter #e of title #e to negotiate and issue such regulations as are necessary to establish as limited a list as is practicable of bus components and subcomponents described in subparagraph 7,b74 7,b7 ,list of components ,the regulations required under subparagraph 7,a7 shall establish a list of bus components and subcomponents that may be specified in a request for proposals described in paragraph 7#a7 by a recipient4 ,the ,secretary shall ensure the list is limited in scope and limited to only components and subcomponents that cannot be selected with performance specifications to ensure interoperability4 7,c7 ,publication of proposed regulations ,proposed regulations to implement this section shall be published in the ,federal ,register by the ,secretary not later than #ah months after such date of enactment4 7,d7 ,committee ,a negotiated rulemaking committee established pursuant to section #efe of title #e to carry out this paragraph shall have a maximum of #aa members limited to representatives of the ,department of ,transportation1 urban and rural recipients 7including ,state government recipients71 and transit vehicle manufacturers4 7,e7 ,extension of deadlines ,a deadline set forth in subparagraph 7,c7 may be extended up to #ahj days if the negotiated rulemaking committee referred to in subparagraph 7,d7 concludes that the committee cannot meet the deadline and the ,secretary so notifies the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#c7 ,savings clause ,nothing in this section shall be construed to provide additional authority for the ,secretary to restrict what a bus manufacturer offers to sell to a public transportation agency4 4 #bcjc4 ,bus testing facility ,section #ecah of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,testing schedule ,the ,secretary shall-- 7#a7 determine eligibility of a bus manufacturer's request for testing within #aj business days2 and 7#b7 make publicly available the current backlog 7in months7 to begin testing a new bus at the bus testing facility4 4 ,d ,bus ,grant ,reforms #bdja4 ,formula grants for buses ,section #ecci7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting and subsection 7d7 after ,in this subsection2 7,b7 in subparagraph 7,a7 by striking term low or no emission vehicle has and inserting term zero emission vehicle has2 7,c7 in subparagraph 7,b7 by inserting and the ,district of ,columbia after ,united ,states2 and 7,d7 in subparagraph 7,c7 by striking the ,district of ,columbia12 7#b7 in paragraph 7#b77;,a7 by striking low or no emission vehicles and inserting zero emission vehicles2 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7 by inserting and subsection 7d7 after this subsection2 and 7,b7 in subparagraph 7,b7 by inserting and subsection 7d7 after this subsection2 7#d7 in paragraph 7#e77;,a7-- 7,a7 by striking #ij1ejj1jjj and inserting #aef1gej1jjj2 7,b7 by striking #bjaf through #bjbj and inserting #bjbb through #bjbe2 7,c7 by striking #a1gej1jjj and inserting #c1jjj1jjj2 and 7,d7 by striking #ejj1jjj and inserting #gej1jjj2 7#e7 in paragraph 7#h7 by striking #c fiscal years and inserting #d fiscal years each place such term appears2 and 7#f7 by striking paragraph 7#i74 #bdjb4 ,bus facilities and fleet expansion competitive grants ,section #ecci7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the heading by striking ,buses and bus facilities competitive grants and inserting ,bus facilities and fleet expansion competitive grants2 7#b7 in paragraph 7#a7-- 7,a7 by striking buses and2 7,b7 by inserting and certain buses after capital projects2 7,c7 in subparagraph 7,a7 by striking buses or related equipment and inserting bus-related facilities2 and 7,d7 by striking subparagraph 7,b7 and inserting the following3 7,b7 purchasing or leasing buses that will not replace buses in the applicant's fleet at the time of application and will be used to-- 7i7 increase the frequency of bus service2 or 7ii7 increase the service area of the applicant4 2 and 7#c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,grant considerations ,in making grants-- 7,a7 under subparagraph 7#a77;,a71 the ,secretary shall only consider-- 7i7 the age and condition of bus-related facilities of the applicant compared to all applicants and proposed improvements to the resilience 7as such term is defined in section #ecjb7 of such facilities2 7ii7 for a facility within or partially within the #ajj-year floodplain1 whether such facility will be at least #b feet above the base flood elevation2 and 7iii7 for a bus station1 the degree of multi-modal connections at such station2 and 7,b7 under paragraph 7#a77;,b71 the ,secretary shall consider the improvements to headway and projected new ridership4 4 #bdjc4 ,zero emission bus grants 7a7 ,in general ,section #ecci7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the heading by striking ,low or no emission grants and inserting ,zero emission grants2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7i7 by striking low or no emission and inserting zero emission2 7ii7 in clause 7ii7 by striking low or no emission and inserting zero emission2 7iii7 in clause 7iii7 by striking low or no emission and inserting zero emission2 7iv7 in clause 7iv7 by striking facilities and related equipment for low or no emission and inserting related equipment for zero emission2 7v7 in clause 7v7 by striking facilities and related equipment for low or no emission vehicles2 and inserting related equipment for zero emission vehicles2 or2 7vi7 in clause 7vii7 by striking low or no emission and inserting zero emission2 7vii7 by striking clause 7vi72 and 7viii7 by redesignating clause 7vii7 as clause 7vi72 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 the term zero emission bus means a bus that is a zero emission vehicle2 2 7,c7 by striking subparagraph 7,e7 and inserting the following3 7,e7 the term zero emission vehicle means a vehicle used to provide public transportation that produces no carbon dioxide or particulate matter2 2 and 7,d7 by striking subparagraph 7,g7 and inserting the following3 7,g7 the term eligible area means an area that is-- 7i7 designated as a nonattainment area for ozone or particulate matter under section #ajg7;d7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjg7;d772 or 7ii7 a maintenance area1 as such term is defined in section #ecjc1 for ozone or particulate matter4 2 and 7#c7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,grant eligibility ,in awarding grants under this subsection1 the ,secretary shall make grants to eligible projects relating to the acquisition or leasing of zero emission buses or bus facility improvements-- 7,a7 that procure-- 7i7 at least #aj zero emission buses2 or 7ii7 if the recipient operates less than #ej buses in peak service1 at least #e zero emission buses2 7,b7 for which the recipient's board of directors has approved a long-term integrated fleet management plan that-- 7i7 establishes a goal by a set date to convert the entire bus fleet to zero emission buses2 or 7ii7 establishes a goal that within #aj years from the date of approval of such plan the recipient will convert a set percentage of the total bus fleet of such recipient to zero emission buses2 and 7,c7 for which the recipient has performed a fleet transition study that includes optimal route planning and an analysis of how utility rates may impact the recipient's operations and maintenance budget4 4 7b7 ,metropolitan transportation planning ,section #ecjc7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,maintenance area ,the term maintenance area has the meaning given the term in sections #aga7b7 and #age;,a of the ,clean ,air ,act 7#db ,u4,s4,c4 #geja7b72 #geje;a74 4 #bdjd4 ,restoration to state of good repair formula subgrant ,section #ecci of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,restoration to state of good repair formula subgrant 7#a7 ,general authority ,the ,secretary may make grants under this subsection to assist eligible recipients and subrecipients described in paragraph 7#b7 in financing capital projects to replace1 rehabilitate1 and purchase buses and related equipment4 7#b7 ,eligible recipients and subrecipients ,not later than ,september #a annually1 the ,secretary shall make public a list of eligible recipients and subrecipients based on the most recent data available in the ,national ,transit ,database to calculate the #bj percent of eligible recipients and subrecipients with the highest percentage of asset vehicle miles for buses beyond the useful life benchmark established by the ,federal ,transit ,administration4 7#c7 ,urban apportionments ,funds allocated under section #ecch7;a77#b77,l77ii7 shall be-- 7,a7 distributed to-- 7i7 designated recipients in an urbanized area with a population of more than #bjj1jjj made eligible by paragraph 7#a72 and 7ii7 ,states based on subrecipients made eligible by paragraph 7#a7 in an urbanized area under #bjj1jjj2 and 7,b7 allocated pursuant to the formula set forth in section #eccf other than subsection 7b74 7#d7 ,rural allocation ,the ,secretary shall-- 7,a7 calculate the percentage of funds under section #ecch7;a77#b77,l77ii7 to allocate to rural subrecipients by dividing-- 7i7 the asset vehicle miles for buses beyond the useful life benchmark 7established by the ,federal ,transit ,administration7 of the rural subrecipients described in paragraph 7#b72 by 7ii7 the total asset vehicle miles for buses beyond such benchmark of all eligible recipients and subrecipients described in paragraph 7#b72 and 7,b7 prior to the allocation described in paragraph 7#c77;,b71 apportion to each ,state the amount of the total rural allocation calculated under subparagraph 7,a7 attributable to such ,state based the proportion that-- 7i7 the asset vehicle miles for buses beyond the useful life benchmark 7established by the ,federal ,transit ,administration7 for rural subrecipients described in paragraph 7#b7 in such ,state2 bears to 7ii7 the total asset vehicle miles described in subparagraph 7,a77i74 7#e7 ,application of other provisions ,paragraphs 7#c71 7#g71 and 7#h7 of subsection 7a7 shall apply to eligible recipients and subrecipients described in paragraph 7#b7 of a grant under this subsection4 7#f7 ,prohibition ,no eligible recipient or subrecipient outside the top #e percent of asset vehicle miles for buses beyond the useful life benchmark established by the ,federal ,transit ,administration may receive a grant in both fiscal year #bjbb and fiscal year #bjbc4 7#g7 ,requirement ,the ,secretary shall require-- 7,a7 ,states to expend1 to the benefit of the subrecipients eligible under paragraph 7#b71 the apportioned funds attributed to such subrecipients2 and 7,b7 designated recipients to provide the allocated funds to the recipients eligible under paragraph 7#b7 the apportioned funds attributed to such recipients4 4 ,e ,supporting ,all ,riders #beja4 ,low-income urban formula funds ,section #eccf7;j7 of title #di1 ,united ,states ,code1 is amended 7#a7 in paragraph 7#a7 by striking #ge percent and inserting #ej percent2 7#b7 in paragraph 7#b7 by striking #be percent and inserting #ab4e percent2 and 7#c7 by adding at the end the following3 7#c7 #cj percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of #bjj1jjj or more in the ratio that-- 7,a7 the number of individuals in each such urbanized area residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending2 bears to 7,b7 the number of individuals in all such urbanized areas residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending2 and 7#d7 #g4e percent of the funds shall be apportioned among designated recipients for urbanized areas with a population less than #bjj1jjj in the ratio that-- 7,a7 the number of individuals in each such urbanized area residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending2 bears to 7,b7 the number of individuals in all such areas residing in an urban census tract with a poverty rate of at least #bj percent during the #e years most recently ending4 4 #bejb4 ,rural persistent poverty formula ,section #ecaa of title #di1 ,united ,states ,code1 as amended in section #bbjd1 is further amended-- 7#a7 in subsection 7a7 by adding at the end the following3 7#c7 ,persistent poverty county ,the term persistent poverty county means any county with a poverty rate of at least #bj percent-- 7,a7 as determined in each of the #aiij and #bjjj decennial censuses2 7,b7 in the ,small ,area ,income and ,poverty ,estimates of the ,bureau of the ,census for the most recent year for which the estimates are available2 and 7,c7 has at least #be percent of its population in rural areas4 2 7#b7 in subsection 7b77#b77;,c77i7 by inserting and persistent poverty counties before the semicolon2 and 7#c7 in subsection 7c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,persistent poverty public transportation assistance program 7,a7 ,in general ,the ,secretary shall carry out a public transportation assistance program for areas of persistent poverty4 7,b7 ,apportionment ,of amounts made available or appropriated for each fiscal year under section #ecch7;a77#b77;,e77ii7 to carry out this paragraph1 the ,secretary shall apportion funds to recipients for service in1 or directly benefitting1 persistent poverty counties for any eligible purpose under this section in the ratio that-- 7i7 the number of individuals in each such rural area residing in a persistent poverty county2 bears to 7ii7 the number of individuals in all such rural areas residing in a persistent poverty county4 4 #bejc4 ,demonstration grants to support reduced fare transit ,section #ecab of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,demonstration grants to support reduced fare transit 7#a7 ,in general ,not later than #cjj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall award grants 7which shall be known as ,access to ,jobs ,grants7 to eligible entities1 on a competitive basis1 to implement reduced fare transit service4 7#b7 ,notice ,not later than #ahj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall provide notice to eligible entities of the availability of grants under paragraph 7#a74 7#c7 ,application ,to be eligible to receive a grant under this subsection1 an eligible recipient shall submit to the ,secretary an application containing such information as the ,secretary may require1 including1 at a minimum1 the following3 7,a7 ,a description of how the eligible entity plans to implement reduced fare transit access with respect to low-income individuals1 including any eligibility requirements for such transit access4 7,b7 ,a description of how the eligible entity will consult with local community stakeholders1 labor unions1 local education agencies and institutions of higher education1 public housing agencies1 and workforce development boards in the implementation of reduced fares4 7,c7 ,a description of the eligible entity's current fare evasion enforcement policies1 including how the eligible entity plans to use the reduced fare program to reduce fare evasion4 7,d7 ,an estimate of additional costs to such eligible entity as a result of reduced transit fares4 7#d7 ,grant duration ,grants awarded under this subsection shall be for a #b-year period4 7#e7 ,selection of eligible recipients ,in carrying out the program under this subsection1 the ,secretary shall award not more than #bj percent of grants to eligible entities located in rural areas4 7#f7 ,uses of funds ,an eligible entity receiving a grant under this subsection shall use such grant to implement a reduced fare transit program and offset lost fare revenue4 7#g7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means a ,state1 local1 or ,tribal governmental entity that operates a public transportation service and is a recipient or subrecipient of funds under this chapter4 7,b7 ,low-income individual ,the term low-income individual means an individual-- 7i7 that has qualified for-- 7,i7 any program of medical assistance under a ,state plan or under a waiver of the plan under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7,,ii7 supplemental nutrition assistance program 7,,snap7 under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq472 7,,iii7 the program of block grants for ,states for temporary assistance for needy families 7,,tanf7 established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq472 7,,iv7 the free and reduced price school lunch program established under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 7,v7 a housing voucher through section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o772 7,,vi7 benefits under the ,low-,income ,home ,energy ,assistance ,act of #aiha2 or 7,,vii7 special supplemental food program for women1 infants and children 7,,wic7 under section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf72 or 7ii7 whose family income is at or below a set percent 7as determined by the eligible recipient7 of the poverty line 7as that term is defined in section #fgc7b7 of the ,community ,service ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b771 including any revision required by that section7 for a family of the size involved4 7#h7 ,report ,the ,secretary shall designate a university transportation center under section #eeje to collaborate with the eligible entities receiving a grant under this subsection to collect necessary data to evaluate the effectiveness of meeting the targets described in the application of such recipient1 including increased ridership and progress towards significantly closing transit equity gaps4 4 ,f ,supporting ,frontline ,workers and ,passenger ,safety #bfja4 ,national transit frontline workforce training center ,section #ecad7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,national transit frontline workforce training center 7,a7 ,establishment ,the ,secretary shall establish a national transit frontline workforce training center 7hereinafter referred to as the ,center7 and award grants to a nonprofit organization with a demonstrated capacity to develop and provide transit career ladder programs through labor-management partnerships and apprenticeships on a nationwide basis1 in order to carry out the duties under subparagraph 7,b74 ,the ,center shall be dedicated to the needs of the frontline transit workforce in both rural and urban transit systems by providing standards-based training in the maintenance and operations occupations4 7,b7 ,duties 7i7 ,in general ,in cooperation with the ,administrator of the ,federal ,transit ,administration1 public transportation authorities1 and national entities1 the ,center shall develop and conduct training and educational programs for frontline local transportation employees of recipients eligible for funds under this chapter4 7ii7 ,training and educational programs ,the training and educational programs developed under clause 7i7 may include courses in recent developments1 techniques1 and procedures related to-- 7,i7 developing consensus national training standards in partnership with industry stakeholders for key frontline transit occupations with demonstrated skill gaps2 7,,ii7 developing national systems of qualification and apprenticeship for transit maintenance and operations occupations2 7,,iii7 building local1 regional1 and statewide transit training partnerships to identify and address workforce skill gaps and develop skills needed for delivering quality transit service and supporting employee career advancement2 7,,iv7 developing programs for training of transit frontline workers1 instructors1 mentors1 and labor-management partnership representatives1 in the form of classroom1 hands-on1 on-the-job1 and web-based training1 delivered at a national center1 regionally1 or at individual transit agencies2 7,v7 developing training programs for skills related to existing and emerging transit technologies1 including zero emission buses2 7,,vi7 developing improved capacity for safety1 security1 and emergency preparedness in local transit systems and in the industry as a whole through-- 7aa7 developing the role of the transit frontline workforce in building and sustaining safety culture and safety systems in the industry and in individual public transportation systems2 and 7bb7 training to address transit frontline worker roles in promoting health and safety for transit workers and the riding public2 7,,vii7 developing local transit capacity for career pathways partnerships with schools and other community organizations for recruiting and training under-represented populations as successful transit employees who can develop careers in the transit industry2 and 7,,viii7 in collaboration with the ,administrator of the ,federal ,transit ,administration and organizations representing public transit agencies1 conducting and disseminating research to-- 7aa7 provide transit workforce job projections and identify training needs and gaps2 7bb7 determine the most cost-effective methods for transit workforce training and development1 including return on investment analysis2 7cc7 identify the most effective methods for implementing successful safety systems and a positive safety culture2 and 7dd7 promote transit workforce best practices for achieving cost-effective1 quality1 safe1 and reliable public transportation services4 7,c7 ,coordination ,the ,secretary shall coordinate activities under this section1 to the maximum extent practicable1 with the ,national ,office of ,apprenticeship of the ,department of ,labor and the ,office of ,career1 ,technical1 and ,adult ,education of the ,department of ,education4 7,d7 ,availability of amounts 7i7 ,in general ,not more than #a percent of amounts made available to a recipient under sections #ecjg1 #ecaa1 #eccg1 and #ecci is available for expenditures by the recipient1 with the approval of the ,secretary1 to pay not more than #hj percent of the cost of eligible activities under this subsection4 7ii7 ,existing programs ,a recipient may use amounts made available under clause 7i7 to carry out existing local education and training programs for public transportation employees supported by the ,secretary1 the ,department of ,labor1 or the ,department of ,education4 2 7#b7 in paragraph 7#c7 by striking or 7#b72 and 7#c7 by striking paragraph 7#d74 #bfjb4 ,public transportation safety program ,section #ecbi of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,c77ii7-- 7,a7 in subclause 7,i7 by striking and at the end2 7,b7 in subclause 7,,ii7 by striking the semicolon and inserting 2 and2 and 7,c7 by adding at the end the following3 7,,iii7 innovations in driver assistance technologies and driver protection infrastructure where appropriate4 2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by inserting the safety committee established under paragraph 7#d71 and subsequently1 before the board of directors2 7ii7 in subparagraph 7,c7 by striking public1 personnel1 and property and inserting public and personnel to injuries1 assaults1 and fatalities1 and strategies to minimize the exposure of property2 7iii7 by striking subparagraph 7,g7 and inserting the following3 7,g7 a comprehensive staff training program for the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes-- 7i7 the completion of a safety training program2 7ii7 continuing safety education and training2 and 7iii7 de-escalation training2 and 7,h7 a requirement that the safety committee only approve a safety plan under subparagraph 7,a7 if such plan does not amend1 modify or conflict with the recipient's fiscal budget4 2 and 7,b7 by adding at the end the following3 7#d7 ,safety committee ,for purposes of the approval process of an agency safety plan under paragraph 7#a71 the safety committee shall be convened by a joint labor-management process and consist of an equal number of-- 7,a7 frontline employee representatives1 selected by the labor organization representing the plurality of the frontline workforce employed by the recipient1 if applicable2 and 7,b7 employer or ,state representatives4 2 and 7#c7 in subsection 7e77#d77;,a77v7 by inserting 1 inspection1 after has investigative4 #bfjc4 ,automated vehicle transit workforce standards 7a7 ,prohibition on use of funds ,no financial assistance under chapter #ec of title #di1 ,united ,states ,code1 may be used for an automated vehicle providing public transportation unless-- 7#a7 the recipient of such assistance that proposes to deploy an automated vehicle providing public transportation certifies to the ,secretary of ,transportation that the deployment does not duplicate1 eliminate1 or reduce the frequency of existing public transportation service2 and 7#b7 the ,secretary receives1 approves1 and publishes the workforce development plan under subsection 7b7 submitted by the eligible entity when required by subsection 7b77#a74 7b7 ,workforce development plan 7#a7 ,in general ,a recipient of financial assistance under chapter #ec of title #di1 ,united ,states ,code1 proposing to deploy an automated vehicle providing public transportation shall submit to the ,secretary1 prior to implementation of such service1 a workforce development plan if such service1 combined with any other automated vehicle providing public transportation offered by such recipient1 would exceed by more than #j4e percent of the recipient's total transit passenger miles traveled4 7#b7 ,contents ,the workforce development plan under subsection 7a7 shall include the following3 7,a7 ,a description of services offered by existing modes of public transportation in the area served by the recipient that could be affected by the proposed automated vehicle providing public transportation1 including jobs and functions of such jobs4 7,b7 ,a forecast of the number of jobs provided by existing modes of public transportation that would be eliminated or that would be substantially changed and the number of jobs expected to be created by the proposed automated vehicle providing public transportation over a #e-year period from the date of the publication of the workforce development plan4 7,c7 ,identified gaps in skills needed to operate and maintain the proposed automated vehicle providing public transportation4 7,d7 ,a comprehensive plan to transition1 train1 or retrain employees that could be affected by the proposed automated vehicle providing public transportation4 7,e7 ,an estimated budget to transition1 train1 or retrain employees impacted by the proposed automated vehicle providing public transportation over a #e-year period from the date of the publication of the workforce development plan4 7c7 ,notice required 7#a7 ,in general ,a recipient of financial assistance under chapter #ec of title #di1 ,united ,states ,code1 shall issue a notice to employees who1 due to the use of an automated vehicle providing public transportation1 may be subjected to a loss of employment or a change in responsibilities not later than #fj days before issuing a request for proposals to procure or contract for such a vehicle4 7#b7 ,content ,the notice required in paragraph 7#a7 shall include the following3 7,a7 ,a description of the automated vehicle providing public transportation4 7,b7 ,the impact of the automated vehicle providing public transportation on employment positions1 including a description of which employment positions will be affected and whether any new positions will be created4 7d7 ,definitions ,in this section3 7#a7 ,automated vehicle ,the term automated vehicle means a motor vehicle that-- 7,a7 is capable of performing the entire task of driving 7including steering1 accelerating and decelerating1 and reacting to external stimulus7 without human intervention2 and 7,b7 is designed to be operated exclusively by a ,level #d or ,level #e automated driving system for all trips according to the recommended practice standards published on ,june #ae1 #bjah1 by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles4 7#b7 ,public transportation ,the term public transportation has the meaning given such term in section #ecjb of title #di1 ,united ,states ,code4 #bfjd4 ,performance-based metrics ,section #ecbi7;d77#b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#b7 ,performance-based metrics special rule 7,a7 ,in general 7i7 ,population over #bjj1jjj ,with respect to a recipient serving an urbanized area with a population of over #bjj1jjj that receives funds under section #ecjg1 for each reported exceeded metric in a fiscal year1 such recipient shall allocate #b4e percent of such funds for the subsequent #b fiscal years to projects described in subparagraph 7,b74 7ii7 ,population of #bjj1jjj or less ,with respect to a recipient serving an urbanized area with a population of #bjj1jjj or less that receives funds under section #ecjg1 if such recipient submits a reported exceeded metric for the performance-based metric described in subparagraph 7,c77i77,,iii71 such recipient shall allocate #b4e percent of such funds for the subsequent #b fiscal years to projects described in subparagraph 7,b74 7,b7 ,eligible projects ,funds set aside under this paragraph shall be used for projects that are reasonably likely to reduce injuries and fatalities identified in a reported exceeded metric1 including state of good repair projects1 increased safety inspections1 modifications to rolling stock1 and de-escalation training4 7,c7 ,definitions ,in this paragraph3 7i7 ,performance-based metric ,the term performance-based metric means the number of-- 7,i7 passenger and workforce injuries by total revenue vehicle miles attributed to rail2 7,,ii7 passenger and workforce fatalities by total revenue vehicle miles attributed to rail2 7,,iii7 passenger and workforce injuries by total revenue vehicle miles attributed to buses2 and 7,,iv7 passenger and workforce fatalities by total revenue vehicle miles attributed to buses4 7ii7 ,reported exceeded metric ,the term reported exceeded metric means a performance-based metric based on a recipient report to the ,national ,transit ,database that demonstrates such metric exceeds the national average 7as determined by the ,secretary7 by #ej percent in a fiscal year4 4 ,g ,transit-,supportive ,communities #bgja4 ,transit-supportive communities 7a7 ,in general ,chapter #ec of subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by inserting after section #ecbg the following3 #ecbh4 ,transit-supportive communities 7a7 ,establishment ,the ,secretary shall establish within the ,federal ,transit ,administration1 an ,office of ,transit-,supportive ,communities to make grants1 provide technical assistance1 and assist in the coordination of transit and housing policies within the ,federal ,transit ,administration1 the ,department of ,transportation1 and across the ,federal ,government4 7b7 ,transit ,oriented ,development ,planning ,grant ,program 7#a7 ,definition ,in this subsection the term eligible project means-- 7,a7 a new fixed guideway capital project or a core capacity improvement project as defined in section #ecji2 7,b7 an existing fixed guideway system1 or an existing station that is served by a fixed guideway system2 or 7,c7 the immediate corridor along the highest #be percent of routes by ridership as demonstrated in section #eccf7;b77#b77;,b74 7#b7 ,general authority ,the ,secretary may make grants under this subsection to a ,state or local governmental authority to assist in financing comprehensive planning associated with an eligible project that seeks to-- 7,a7 enhance economic development1 ridership1 and other goals established during the project development and engineering processes or the grant application2 7,b7 facilitate multimodal connectivity and accessibility2 7,c7 increase access to transit hubs for pedestrian and bicycle traffic2 7,d7 enable mixed-use development2 7,e7 identify infrastructure needs associated with the eligible project2 and 7,f7 include private sector participation4 7#c7 ,eligibility ,a ,state or local governmental authority that desires to participate in the program under this subsection shall submit to the ,secretary an application that contains at a minimum-- 7,a7 an identification of an eligible project2 7,b7 a schedule and process for the development of a comprehensive plan2 7,c7 a description of how the eligible project and the proposed comprehensive plan advance the metropolitan transportation plan of the metropolitan planning organization2 7,d7 proposed performance criteria for the development and implementation of the comprehensive plan2 7,e7 a description of how the project will reduce and mitigate social and economic impacts on existing residents and businesses vulnerable to displacement2 and 7,f7 identification of-- 7i7 partners2 7ii7 availability of and authority for funding2 and 7iii7 potential ,state1 local or other impediments to the implementation of the comprehensive plan4 7#d7 ,cost share ,a grant under this subsection shall not exceed an amount in excess of #hj percent of total project costs1 except that a grant that includes an affordable housing component shall not exceed an amount in excess of #ij percent of total project costs4 7c7 ,technical assistance ,the ,secretary shall provide technical assistance to local governmental authorities and states in the planning and development of transit-oriented development projects and transit supportive corridor policies1 including-- 7#a7 the siting1 planning1 financing1 and integration of transit-oriented development projects2 7#b7 the integration of transit-oriented development and transit-supportive corridor policies in the preparation for and development of an application for funding under section #fjb of title #bc2 7#c7 the siting1 planning1 financing1 and integration of transit-oriented development and transit supportive corridor policies associated with projects under section #ecji2 7#d7 the development of housing feasibility assessments as allowed under section #ecji7;g77#c77;,b72 7#e7 the development of transit-supportive corridor policies that promote transit ridership and transit-oriented development2 7#f7 the development1 implementation1 and management of land value capture programs2 and 7#g7 the development of model contracts1 model codes1 and best practices for the implementation of transit-oriented development projects and transit-supportive corridor policies4 7d7 ,equity ,in providing technical assistance under subsection 7c71 the ,secretary shall incorporate strategies to promote equity for underrepresented and underserved communities1 including-- 7#a7 preventing displacement of existing residents and businesses2 7#b7 mitigating rent and housing price increases2 7#c7 incorporating affordable rental and ownership housing in transit-oriented development2 7#d7 engaging under-served1 limited ,english proficiency1 low income1 and minority communities in the planning process2 and 7#e7 fostering economic development opportunities for existing residents and businesses4 7e7 ,authority to request staffing assistance ,in fulfilling the duties of this section1 the ,secretary shall1 as needed1 request staffing and technical assistance from other ,federal agencies1 programs1 administrations1 boards1 or commissions4 7f7 ,review existing policies and programs ,not later than #bd months after the date of enactment of this section1 the ,secretary shall review and evaluate all existing policies and programs within the ,federal ,transit ,administration that support or promote transit-oriented development to ensure their coordination and effectiveness relative to the goals of this section4 7g7 ,reporting ,not later than ,february #a of each year beginning the year after the date of enactment of this section1 the ,secretary shall prepare a report detailing the grants and technical assistance provided under this section4 ,the report shall be provided to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing and ,urban ,affairs of the ,senate4 7h7 ,savings clause ,nothing in this section authorizes the ,secretary to provide any financial assistance for the construction of housing4 4 7b7 ,clerical amendment ,the analysis for chapter #ec of subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ecbg the following3 #ecbh4 ,transit-supportive communities4 4 7c7 ,technical and conforming amendment ,section #bjjje of the ,,map-#ba 7,public ,law #aab-ada7 is amended-- 7#a7 by striking 7a7 ,amendment4--2 and 7#b7 by striking subsection 7b74 #bgjb4 ,property disposition for affordable housing ,section #eccd7;h77#a7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,in general ,if a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired1 the ,secretary may authorize the recipient to transfer such asset to-- 7,a7 a local governmental authority to be used for a public purpose with no further obligation to the ,government if the ,secretary decides-- 7i7 the asset will remain in public use for at least #e years after the date the asset is transferred2 7ii7 there is no purpose eligible for assistance under this chapter for which the asset should be used2 7iii7 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 asset1 after considering fair market value and other factors2 and 7iv7 through an appropriate screening or survey process1 that there is no interest in acquiring the asset for ,government use if the asset is a facility or land2 or 7,b7 a local governmental authority1 nonprofit organization1 or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the ,government if the ,secretary decides-- 7i7 the asset is a necessary component of a proposed transit-oriented development project2 7ii7 the transit-oriented development project will increase transit ridership2 7iii7 at least #ae percent of the housing units offered in the transit-oriented development are legally binding affordability restricted to tenants with incomes below #fj percent of the area median income and_/or owners with incomes below #fj percent the area median income2 7iv7 the asset will remain in use as described in this section for at least #ae years after the date the asset is transferred2 and 7v7 with respect to a transfer to a third party entity-- 7,i7 a local government authority or nonprofit organization is unable to receive the property2 and 7,,ii7 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 asset1 after considering fair market value and other factors4 4 #bgjc4 ,affordable housing incentives in capital investment grants ,section #ecji of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,b7-- 7i7 in clause 7i7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7ii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 in the case of a new fixed guideway capital project or a core capacity improvement project1 allow a weighting five points greater to the economic development subfactor and five points lesser to the lowest scoring subfactor if the applicant demonstrates substantial efforts to preserve or encourage affordable housing near the project by providing documentation of policies that allow by-right multi-family housing1 single room occupancy units1 or accessory dwelling units1 providing local capital sources for transit-oriented development1 or demonstrate other methods as determined by the ,secretary4 2 and 7,b7 in paragraph 7#c71 as amended by this ,act1 by adding at the end the following3 7,b7 establish a warrant that applies to the economic development project justification criteria1 provided that the applicant that requests a warrant under this process has completed and submitted a housing feasibility assessment4 2 and 7#b7 in subsection 7l77#d7-- 7,a7 in subparagraph 7,b7 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,c7 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7,d7 from grant proceeds distributed under section #ajc of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjc7 or section #bja of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cada7 provided that-- 7i7 such funds are used in conjunction with the planning or development of affordable housing2 and 7ii7 such affordable housing is located within one-half of a mile of a new station4 4 ,h ,innovation #bhja4 ,mobility innovation sandbox program ,section #ecab7;d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,mobility innovation sandbox program ,the ,secretary may make funding available under this subsection to carry out research on mobility on demand and mobility as a service activities eligible under section #ecaf4 4 #bhjb4 ,transit bus operator compartment redesign program ,section #ecab7;d7 of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7#d7 ,transit bus operator compartment redesign program 7,a7 ,in general ,the ,secretary may make funding available under this subsection to carry out research on redesigning transit bus operator compartments to improve safety1 operational efficiency1 and passenger accessibility4 7,b7 ,objectives ,research objectives under this paragraph shall include-- 7i7 increasing bus operator safety from assaults2 7ii7 optimizing operator visibility and reducing operator distractions to improve safety of bus passengers1 pedestrians1 bicyclists1 and other roadway users2 7iii7 expanding passenger accessibility for positive interactions between operators and passengers1 including assisting passengers in need of special assistance2 7iv7 accommodating compliance for passenger boarding1 alighting1 and securement with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7v7 improving ergonomics to reduce bus operator work-related health issues and injuries1 as well as locate key instrument and control interfaces to improve operational efficiency and convenience4 7,c7 ,activities ,eligible activities under this paragraph shall include-- 7i7 measures to reduce visibility impairments and distractions for bus operators that contribute to accidents1 including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments and distractions2 7ii7 the deployment of assault mitigation infrastructure and technology on buses1 including barriers to restrict the unwanted entry of individuals and objects into bus operators' workstations2 7iii7 technologies to improve passenger accessibility1 including boarding1 alighting1 and securement in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7iv7 installation of seating and modification to design specifications of bus operator workstations that reduce or prevent injuries from ergonomic risks2 or 7v7 other measures that align with the objectives under subparagraph 7,b74 7,d7 ,eligible entities ,entities eligible to receive funding under this paragraph shall include consortia consisting of1 at a minimum3 7i7 recipients of funds under this chapter that provide public transportation services2 7ii7 transit vehicle manufacturers2 7iii7 representatives from organizations engaged in collective bargaining on behalf of transit workers in not fewer than #c ,states2 and 7iv7 any nonprofit institution of higher education1 as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 #bhjc4 ,federal ,transit ,administration ,every ,day ,counts initiative ,section #ecab of title #di1 ,united ,states ,code1 as amended by section #bejc1 is further amended by adding at the end the following3 7k7 ,every ,day ,counts initiative 7#a7 ,in general ,it is in the national interest for the ,department of ,transportation and recipients of ,federal public transportation funds-- 7,a7 to identify1 accelerate1 and deploy innovation aimed at expediting project delivery1 enhancing the safety of transit systems of the ,united ,states1 and protecting the environment2 7,b7 to ensure that the planning1 design1 engineering1 construction1 and financing of transportation projects is done in an efficient and effective manner2 7,c7 to promote the rapid deployment of proven solutions that provide greater accountability for public investments2 and 7,d7 to create a culture of innovation within the transit community4 7#b7 ,,fta ,every ,day ,counts initiative ,to advance the policies described in paragraph 7#a71 the ,administrator of the ,federal ,transit ,administration shall adopt the ,every ,day ,counts initiative to work with recipients to identify and deploy the proven innovation practices and products that-- 7,a7 accelerate innovation deployment2 7,b7 expedite the project delivery process2 7,c7 improve environmental sustainability2 7,d7 enhance transit safety2 7,e7 expand mobility2 and 7,f7 reduce greenhouse gas emissions4 7#c7 ,consideration ,in accordance with the ,every ,day ,counts goals described in paragraphs 7#a7 and 7#b71 the ,administrator shall consider research conducted through the university transportation centers program in section #eeje4 7#d7 ,innovation deployment 7,a7 ,in general ,at least every #b years1 the ,administrator shall work collaboratively with recipients to identify a new collection of innovations1 best practices1 and data to be deployed to recipients through case studies1 webinars1 and demonstration projects4 7,b7 ,requirements ,in identifying a collection described in subparagraph 7,a71 the ,secretary shall take into account market readiness1 impacts1 benefits1 and ease of adoption of the innovation or practice4 7#e7 ,publication ,each collection identified under paragraph 7#d7 shall be published by the ,administrator on a publicly available website4 4 #bhjd4 ,technical corrections ,section #ecab of title #di1 ,united ,states ,code1 as amended in section #bejc and #bhjc1 is further amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#c77;,c7 by striking low or no emission vehicles1 zero emission vehicles1 and inserting zero emission vehicles2 and 7,b7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,zero emission vehicle defined ,in this subsection1 the term zero emission vehicle means a passenger vehicle used to provide public transportation that produces no carbon or particulate matter4 2 7#b7 by redesignating the first subsection 7g7 as subsection 7f72 and 7#c7 in subsection 7h7-- 7,a7 in the header by striking ,low or no emission and inserting ,zero emission2 7,b7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the term zero emission vehicle has the meaning given such term in subsection 7e77#f72 2 and 7ii7 in subparagraph 7,d7 by striking low or no emission vehicle and inserting zero emission vehicle each place such term appears2 7,c7 in paragraph 7#b7-- 7i7 in the heading by striking low or no emission and inserting zero emission2 and 7ii7 by striking low or no emission and inserting zero emission each place such term appears2 7,d7 in paragraph 7#c7 by striking low or no emission and inserting zero emission each place such term appears2 and 7,e7 in paragraph 7#e77;,a7 by striking low or no emission and inserting zero emission4 ,i ,other ,program ,reauthorizations #bija4 ,reauthorization for capital and preventive maintenance projects for ,washington ,metropolitan ,area ,transit ,authority ,section #fja of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb7 is amended-- 7#a7 in subsection 7b7 by striking ,the ,federal and inserting ,except as provided in subsection 7f77#b71 the ,federal2 7#b7 by striking subsections 7d7 through 7f7 and inserting the following3 7d7 ,required board approval ,no amounts may be provided to the ,transit ,authority under this section until the ,transit ,authority certifies to the ,secretary of ,transportation that-- 7#a7 a board resolution has passed on or before ,july #a1 #bjba1 and is in effect for the period of ,july #a1 #bjbb through ,june #cj1 #bjca1 that-- 7,a7 establishes an independent budget authority for the ,office of ,inspector ,general of the ,transit ,authority2 7,b7 establishes an independent procurement authority for the ,office of ,inspector ,general of the ,transit ,authority2 7,c7 establishes an independent hiring authority for the ,office of ,inspector ,general of the ,transit ,authority2 7,d7 ensures the ,inspector ,general of the ,transit ,authority can obtain legal advice from a counsel reporting directly to the ,inspector ,general2 7,e7 requires the ,inspector ,general of the ,transit ,authority to submit recommendations for corrective action to the ,general ,manager and the ,board of ,directors of the ,transit ,authority2 7,f7 requires the ,inspector ,general of the ,transit ,authority to publish any recommendation described in subparagraph 7,e7 on the website of the ,office of ,inspector ,general of the ,transit ,authority1 except that the ,inspector ,general may redact personally identifiable information and information that1 in the determination of the ,inspector ,general1 would pose a security risk to the systems of the ,transit ,authority2 7,g7 requires the ,board of ,directors of the ,transit ,authority to provide written notice to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate not less than #cj days before the ,board of ,directors removes the ,inspector ,general of the ,transit ,authority1 which shall include the reasons for removal and supporting documentation2 and 7,h7 prohibits the ,board of ,directors from removing the ,inspector ,general of the ,transit ,authority unless the ,board of ,directors has provided a #cj day written notification as described in subparagraph 7,g7 that documents-- 7i7 a permanent incapacity2 7ii7 a neglect of duty2 7iii7 malfeasance2 7iv7 a conviction of a felony or conduct involving moral turpitude2 7v7 a knowing violation of a law or regulation2 7vi7 gross mismanagement2 7vii7 a gross waste of funds2 7viii7 an abuse of authority2 or 7ix7 inefficiency2 and 7#b7 the ,code of ,ethics for ,members of the ,,wmata ,board of ,directors passed on ,september #bf1 #bjai1 remains in effect1 or the ,inspector ,general of the ,transit ,authority has concurred with any modifications to the ,code of ,ethics by the ,board4 7e7 ,authorizations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary of ,transportation for grants under this section-- 7,a7 for fiscal year #bjba1 #aej1jjj1jjj2 7,b7 for fiscal year #bjbb1 #aee1jjj1jjj2 7,c7 for fiscal year #bjbc1 #afj1jjj1jjj2 7,d7 for fiscal year #bjbd1 #afe1jjj1jjj2 7,e7 for fiscal year #bjbe1 #agj1jjj1jjj2 7,f7 for fiscal year #bjbf1 #age1jjj1jjj2 7,g7 for fiscal year #bjbg1 #ahj1jjj1jjj2 7,h7 for fiscal year #bjbh1 #ahe1jjj1jjj2 7,i7 for fiscal year #bjbi1 #aij1jjj1jjj2 and 7,j7 for fiscal year #bjcj1 #bjj1jjj1jjj4 7#b7 ,set aside for ,office of ,inspector ,general of ,transit ,authority ,from the amounts in paragraph 7#a71 the ,transit ,authority shall provide at least #g percent for each fiscal year to the ,office of ,inspector ,general of the ,transit ,authority to carry out independent and objective audits1 investigations1 and reviews of ,transit ,authority programs and operations to promote economy1 efficiency1 and effectiveness1 and to prevent and detect fraud1 waste1 and abuse in such programs and operations4 2 and 7#c7 by redesignating subsection 7g7 as subsection 7f74 #bijb4 ,other apportionments ,section #eccf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7h7-- 7,a7 in the matter preceding paragraph 7#a7 by striking section #eccf7;a77#b77;,c7 and inserting section #eccf7;a77#b77;,b72 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 to carry out section #ecjg7;h7-- 7,a7 #fj1ijf1jjj shall be set aside in fiscal year #bjbb2 7,b7 #fa1hef1acd shall be set aside in fiscal year #bjbc2 7,c7 #fb1hde1hcb shall be set aside in fiscal year #bjbd2 and 7,d7 #fc1hcb1eaa shall be set aside in fiscal year #bjbe2 2 7,c7 in paragraph 7#b7 by striking #c4jg percent and inserting #f percent2 and 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 of amounts not apportioned under paragraphs 7#a7 and 7#b71 #c percent shall be apportioned to urbanized areas with populations of less than #bjj1jjj in accordance with subsection 7i72 2 and 7#b7 in subsection 7i7 by adding at the end the following3 7#c7 ,census phase-out ,before apportioning funds under subsection 7h77#c71 for any urbanized area that is no longer an eligible area due to a change in population in the most recent decennial census1 the ,secretary shall apportion to such urbanized area1 for #c fiscal years1 an amount equal to half of the funds apportioned to such urbanized area pursuant to this subsection for the previous fiscal year4 4 ,j ,streamlining #biaa4 ,fixed guideway capital investment grants ,section #ecji of title #di1 ,united ,states ,code1 as amended by section #bgjc of this ,act1 is further amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#f72 7,b7 by redesignating paragraph 7#g7 as paragraph 7#f72 and 7,c7 in paragraph 7#f71 as so redesignated2 7i7 in subparagraph 7,a7 by striking #ajj1jjj1jjj and inserting #cbj1jjj1jjj2 and 7ii7 in subparagraph 7,b7 by striking #cjj1jjj1jjj and inserting #djj1jjj1jjj2 7#b7 in subsection 7b77#b7 by inserting expanding station capacity1 after construction of infill stations12 7#c7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,c77i7 by striking #b years and inserting #c years2 and 7,b7 by adding at the end the following3 7,d7 ,optional project development activities ,an applicant may perform cost and schedule risk assessments with technical assistance provided by the ,secretary4 7,e7 ,statutory construction ,nothing in this section shall be construed as authorizing the ,secretary to require cost and schedule risk assessments in the project development phase4 2 7#d7 in subsection 7e77#a7-- 7,a7 in subparagraph 7,c77i7 by striking #b years and inserting #c years2 and 7,b7 by adding at the end the following3 7,d7 ,optional project development activities ,an applicant may perform cost and schedule risk assessments with technical assistance provided by the ,secretary4 7,e7 ,statutory construction ,nothing in this section shall be construed as authorizing the ,secretary to require cost and schedule risk assessments in the project development phase4 2 7#e7 in subsection 7e77#b77;,a77iii77,,ii7 by striking #e years and inserting #aj years2 7#f7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by striking subsection 7d77#b77;,a77v7 and inserting subsection 7d77#b77;,a77iv72 7,b7 in paragraph 7#b7-- 7i7 by striking subsection 7d77#b77;,a77v7 and inserting subsection 7d77#b77;,a77iv72 7ii7 in subparagraph 7,d7 by adding and at the end2 7iii7 by striking subparagraph 7,e72 and 7iv7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 and 7,c7 by adding at the end the following3 7#c7 ,cost-share incentives ,for a project for which a lower cost share is elected by the applicant under subsection 7l77#a77;,c71 the ,secretary shall apply the following requirements and considerations in lieu of paragraphs 7#a7 and 7#b73 7,a7 ,requirements ,in determining whether a project is supported by local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection 7d77#b77;,a77iv7 or 7e77#b77;,a77v71 the ,secretary shall require that-- 7i7 the proposed project plan provides for the availability of contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls2 7ii7 each proposed local source of capital and operating financing is stable1 reliable1 and available within the proposed project timetable2 7iii7 an applicant certifies that local resources are available to recapitalize1 maintain1 and operate the overall existing and proposed public transportation system1 including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project2 and 7iv7 an executed full funding grant agreement has at least #ge percent of local financial commitment committed and the remaining percentage budgeted for the proposed purposes4 7,b7 ,considerations ,in assessing the stability1 reliability1 and availability of proposed sources of local financing for purposes of subsection 7d77#b77;,a77iv7 or 7e77#b77;,a77v71 the ,secretary shall consider-- 7i7 the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient2 7ii7 existing grant commitments2 7iii7 any debt obligation that exists1 or is proposed by the recipient1 for the proposed project or other public transportation purpose2 and 7iv7 private contributions to the project1 including cost-effective project delivery1 management or transfer of project risks1 expedited project schedule1 financial partnering1 and other public-private partnership strategies4 7#d7 ,contingency share ,for purposes of paragraph 7#a77;,a71 the ,secretary shall provide #ej percent of the recommended contingency established by the project management oversight contractor under section #ecbg in addition to the grant amount set in subsection 7k77#b77;,c77ii74 2 7#g7 in subsection 7g7-- 7,a7 in paragraph 7#b77;,a7 by striking degree of local financial commitment and inserting criteria in subsection 7f7 each place it appears2 7,b7 in paragraph 7#c7 by striking ,the ,secretary shall and all that follows through the end and inserting the following3 ,the ,secretary shall-- 7,a7 to the maximum extent practicable1 develop and use special warrants for making a project justification determination under subsection 7d77#b7 or 7e77#b71 as applicable1 for a project proposed to be funded using a grant under this section if-- 7i7 the share of the cost of the project to be provided under this section-- 7,i7 does not exceed #ejj1jjj1jjj and the total project cost does not exceed #a1jjj1jjj1jjj2 or 7,,ii7 complies with subsection 7l77#a77;,c72 7ii7 the applicant requests the use of the warrants2 7iii7 the applicant certifies that its existing public transportation system is in a state of good repair2 and 7iv7 the applicant meets any other requirements that the ,secretary considers appropriate to carry out this subsection2 and 2 7,c7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,policy guidance ,the ,secretary shall issue policy guidance on the review and evaluation process and criteria not later than #ahj days after the date of enactment of the ,,invest in ,america ,act4 2 7,d7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,transparency ,not later than #cj days after the ,secretary receives a written request from an applicant for all remaining information necessary to obtain #a or more of the following1 the ,secretary shall provide such information to the applicant3 7,a7 ,project advancement4 7,b7 ,medium or higher rating4 7,c7 ,warrant4 7,d7 ,letter of intent4 7,e7 ,early systems work agreement4 2 and 7,e7 in paragraph 7#g7 by striking the ,federal ,public ,transportation ,act of #bjab and inserting the ,,invest in ,america ,act2 7#h7 in subsection 7h7-- 7,a7 in paragraph 7#e7 by striking the period at the end and inserting the following3 1 except that for a project for which a lower local cost share is elected under subsection 7l77#a77;,c71 the ,secretary shall enter into a grant agreement under this subsection for any such project that-- 7,a7 has at least #ge percent of local financial commitment committed and the remaining percentage budgeted for the proposed purposes2 and 7,b7 establishes contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls4 2 and 7,b7 in paragraph 7#g77;,c7 by striking #aj days and inserting #c days2 7#i7 by striking subsection 7i7 and inserting the following3 7i7 ,interrelated projects 7#a7 ,ratings improvement ,the ,secretary shall grant a rating increase of #a level in mobility improvements to any project being rated under subsection 7d71 7e71 or 7h71 if the ,secretary certifies that the project has a qualifying interrelated project that meets the requirements of paragraph 7#b74 7#b7 ,interrelated project ,a qualifying interrelated project is a transit project that-- 7,a7 is adopted into the metropolitan transportation plan required under section #ecjc2 7,b7 has received a class of action designation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,c7 will likely increase ridership on the project being rated in subsection 7d71 7e71 or 7h71 respectively1 as determined by the ,secretary2 and 7,d7 meets #a of the following criteria3 7i7 ,extends the corridor of the project being rated in subsection 7d71 7e71 or 7h71 respectively4 7ii7 ,provides a direct passenger transfer to the project being rated in subsection 7d71 7e71 or 7h71 respectively4 2 7#aj7 in subsection 7k77#e7 by striking #cj days and inserting #c days2 7#aa7 in subsection 7l7-- 7,a7 in paragraph 7#a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,cap ,except as provided in subparagraph 7,c71 a grant for a project under this section shall not exceed #hj percent of the net capital project cost1 except that a grant for a core capacity improvement project shall not exceed #hj percent of the net capital project cost of the incremental cost to increase the capacity in the corridor4 7,c7 ,applicant election of lower local cost share ,an applicant may elect a lower local cost share for a project under this section for purposes of application of the cost-share incentives under subsection 7f77#c74 ,such cost share shall not exceed #fj percent of the net capital project cost1 except that for a grant for a core capacity improvement project such cost share shall not exceed #fj percent of the net capital project cost of the incremental cost to increase the capacity in the corridor4 2 7,b7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,limitation on statutory construction ,nothing in this section shall be construed as authorizing the ,secretary to require1 incentivize 7in any manner not specified in this section71 or place additional conditions upon a non-,federal financial commitment for a project that is more than #bj percent of the net capital project cost or1 for a core capacity improvement project1 #bj percent of the net capital project cost of the incremental cost to increase the capacity in the corridor4 2 and 7,c7 by striking paragraph 7#h72 7#ab7 in subsection 7o7 by adding at the end the following3 7#d7 ,,cig program dashboard ,not later than the fifth day of each month1 the ,secretary shall make publicly available on a website data on1 including the status of1 each project under this section that is in the project development phase1 in the engineering phase1 or has received a grant agreement and remains under construction4 ,such data shall include1 for each project-- 7,a7 the amount and fiscal year of any funding appropriated1 allocated1 or obligated for the project2 7,b7 the date on which the project-- 7i7 entered the project development phase2 7ii7 entered the engineering phase1 if applicable2 and 7iii7 received a grant agreement1 if applicable2 and 7,c7 the status of review by the ,federal ,transit ,administration and the ,secretary1 including dates of request1 dates of acceptance of request1 and dates of a decision for each of the following1 if applicable3 7i7 ,a letter of no prejudice4 7ii7 ,an environmental impact statement notice of intent4 7iii7 ,a finding of no significant environmental impact4 7iv7 ,a draft environmental impact statement4 7v7 ,a final environmental impact statement4 7vi7 ,a record of decision on the final environmental impact statement2 and 7vii7 ,the status of the applicant in securing the non-,federal match1 based on information provided by the applicant1 including the amount committed1 budgeted1 planned1 and undetermined4 2 and 7#ac7 by striking an acceptable degree of and inserting a each place it appears4 #biab4 ,rural and small urban apportionment deadline ,section #eccf7;d7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 notwithstanding paragraph 7#a71 apportion amounts to the ,states appropriated under section #ecch7;a77#b7 to carry out sections #ecjg1 #ecaj1 and #ecaa not later than ,december #ae for which any amounts are appropriated2 and 4 #biac4 ,disposition of assets beyond useful life ,section #eccd of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7l7 ,disposition of assets beyond useful life 7#a7 ,in general ,if a recipient1 or subrecipient1 for assistance under this chapter disposes of an asset with a current market value1 or proceed from the sale of such asset1 acquired under this chapter at least in part with such assistance1 after such asset has reached the useful life of such asset1 the ,secretary shall allow the recipient1 or subrecipient1 to use the proceeds attributable to the ,federal share of such asset calculated under paragraph 7#c7 for capital projects under section #ecjg1 #ecaj1 or #ecaa4 7#b7 ,minimum value ,this subsection shall only apply to assets with a current market value1 or proceeds from sale1 of at least #e1jjj4 7#c7 ,calculation of ,federal share attributable ,the proceeds attributable to the ,federal share of an asset described in paragraph 7#a7 shall be calculated by multiplying-- 7,a7 the current market value of1 or the proceeds from the disposition of1 such asset2 by 7,b7 the ,federal share percentage for the acquisition of such asset at the time of acquisition of such asset4 4 #biad4 ,innovative coordinated access and mobility ,section #ecaj of title #di1 ,united ,states ,code1 as amended by section #bbje1 is further amended by adding at the end the following3 7k7 ,innovative coordinated access and mobility 7#a7 ,start up grants 7,a7 ,in general ,the ,secretary may make grants under this paragraph to eligible recipients to assist in financing innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services4 7,b7 ,application ,an eligible recipient shall submit to the ,secretary an application that1 at a minimum1 contains-- 7i7 a detailed description of the eligible project2 7ii7 an identification of all eligible project partners and the specific role of each eligible project partner in the eligible project1 including-- 7,i7 private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged2 7,,ii7 nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged2 or 7,,iii7 ,federal entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged2 and 7iii7 a description of how the eligible project shall-- 7,i7 improve local coordination or access to coordinated transportation services2 7,,ii7 reduce duplication of service1 if applicable2 and 7,,iii7 provide innovative solutions in the ,state or community4 7,c7 ,performance measures ,an eligible recipient shall specify1 in an application for a grant under this paragraph1 the performance measures the eligible project will use to quantify actual outcomes against expected outcomes1 including-- 7i7 reduced transportation expenditures as a result of improved coordination2 and 7ii7 reduced healthcare expenditures as a result of improved coordination4 7,d7 ,eligible uses ,eligible recipients receiving a grant under this section may use such funds for-- 7i7 the deployment of coordination technology2 7ii7 projects that create or increase access to community ,one-,call_/,one-,click ,centers2 7iii7 projects that integrate transportation for #c or more of-- 7,i7 public transportation provided under this section2 7,,ii7 a ,state plan approved under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7,,iii7 title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq472 7,,iv7 ,veterans ,health ,administration2 or 7,v7 private health care facilities2 and 7iv7 such other projects as determined appropriate by the ,secretary4 7#b7 ,incentive grants 7,a7 ,in general ,the ,secretary may make grants under this paragraph to eligible recipients to incentivize innovative projects for the transportation disadvantaged that improve the coordination of transportation services and non-emergency medical transportation services4 7,b7 ,selection of grant recipients ,the ,secretary shall distribute grant funds made available to carry out this paragraph as described in subparagraph 7,e7 to eligible recipients that apply and propose to demonstrate improvement in the metrics described in subparagraph 7,f74 7,c7 ,eligibility ,an eligible recipient shall not be required to have received a grant under paragraph 7#a7 to be eligible to receive a grant under this paragraph4 7,d7 ,applications ,eligible recipients shall submit to the ,secretary an application that includes-- 7i7 which metrics under subparagraph 7,f7 the eligible recipient intends to improve2 7ii7 the performance data eligible recipients and the ,federal1 ,state1 nonprofit1 and private partners of the eligible recipient will make available2 and 7iii7 a proposed incentive formula that makes payments to the eligible recipient based on the proposed data and metrics4 7,e7 ,distribution ,the ,secretary shall distribute funds made available to carry out this paragraph based upon the number of grant applications approved by the ,secretary1 number of individuals served by each grant1 and the incentive formulas approved by the ,secretary using the following metrics3 7i7 ,the reduced transportation expenditures as a result of improved coordination4 7ii7 ,the reduced ,federal healthcare expenditures using the metrics described in subparagraph 7,f74 7iii7 ,the reduced private healthcare expenditures using the metrics described in subparagraph 7,f74 7,f7 ,healthcare metrics ,healthcare metrics described in this subparagraph shall be-- 7i7 reducing missed medical appointments2 7ii7 the timely discharge of patients from hospitals2 7iii7 reducing readmissions of patients into hospitals2 and 7iv7 other measureable healthcare metrics1 as determined appropriate by the ,secretary4 7,g7 ,eligible expenditures ,the ,secretary shall allow the funds distributed by this grant program to be expended on eligible activities described in paragraph 7#a77;,d7 and any eligible activity under this section that is likely to improve the metrics described in subparagraph 7,f74 7,h7 ,recipient cap ,the ,secretary-- 7i7 may not provide more than #bj grants under this paragraph2 and 7ii7 shall reduce the maximum number of grants under this paragraph to ensure projects are fully funded1 if necessary4 7#c7 ,report ,the ,secretary shall make publicly available an annual report on the program carried out under this subsection for each fiscal year1 not later than ,december #ca of the calendar year in which that fiscal year ends4 ,the report shall include a detailed description of the activities carried out under the program1 and an evaluation of the program1 including an evaluation of the performance measures used by eligible recipients4 7#d7 ,federal share 7,a7 ,in general ,the ,federal share of the costs of a project carried out under this subsection shall not exceed #hj percent4 7,b7 ,non-,federal share ,the non-,federal share of the costs of a project carried out under this subsection may be derived from in-kind contributions4 7#e7 ,rule of construction ,for purposes of this subsection1 nonemergency medical transportation services shall be limited to services eligible under ,federal programs other than programs authorized under this chapter4 4 ,,iii ,highway ,traffic ,safety #cjja4 ,authorization of appropriations 7a7 ,in general ,the following sums are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway safety programs ,for carrying out section #djb of title #bc1 ,united ,states ,code-- 7,a7 #cgh1djj1jjj for fiscal year #bjbb2 7,b7 #chb1djj1jjj for fiscal year #bjbc2 7,c7 #chf1ejj1jjj for fiscal year #bjbd2 and 7,d7 #cij1djj1jjj for fiscal year #bjbe4 7#b7 ,highway safety research and development ,for carrying out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #ahb1die1jjj for fiscal year #bjbb2 7,b7 #ahd1gie1jjj for fiscal year #bjbc2 7,c7 #ahg1gie1jjj for fiscal year #bjbd2 and 7,d7 #aij1fie1jjj for fiscal year #bjbe4 7#c7 ,national priority safety programs ,for carrying out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #chd1aai1jjj for fiscal year #bjbb2 7,b7 #cic1bje1jjj for fiscal year #bjbc2 7,c7 #djb1bje1jjj for fiscal year #bjbd2 and 7,d7 #daa1chh1jjj for fiscal year #bjbe4 7#d7 ,national driver register ,for the ,national ,highway ,traffic ,safety ,administration to carry out chapter #cjc of title #di1 ,united ,states ,code-- 7,a7 #e1gjj1jjj for fiscal year #bjbb2 7,b7 #e1hjj1jjj for fiscal year #bjbc2 7,c7 #e1ijj1jjj for fiscal year #bjbd2 and 7,d7 #f1jjj1jjj for fiscal year #bjbe4 7#e7 ,high-visibility enforcement program ,for carrying out section #djd of title #bc1 ,united ,states ,code-- 7,a7 #fj1bjj1jjj for fiscal year #bjbb2 7,b7 #fj1fjj1jjj for fiscal year #bjbc2 7,c7 #fj1hjj1jjj for fiscal year #bjbd2 and 7,d7 #fa1bjj1jjj for fiscal year #bjbe4 7#f7 ,administrative expenses ,for administrative and related operating expenses of the ,national ,highway ,traffic ,safety ,administration in carrying out chapter #d of title #bc1 ,united ,states ,code-- 7,a7 #cj1ehf1jjj for fiscal year #bjbb2 7,b7 #ca1jjj1jjj for fiscal year #bjbc2 7,c7 #ca1ejj1jjj for fiscal year #bjbd2 and 7,d7 #ca1iag1jjj for fiscal year #bjbe4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and chapter #cjc of title #di1 ,united ,states ,code1 the amounts made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a program under such chapters-- 7#a7 shall only be used to carry out such program2 and 7#b7 may not be used by ,states or local governments for construction purposes4 7c7 ,applicability of title #bc ,except as otherwise provided in chapter #d of title #bc1 ,united ,states ,code1 and chapter #cjc of title #di1 ,united ,states ,code1 amounts made available under subsection 7a7 for fiscal years #bjbb through #bjbe shall be available for obligation in the same manner as if such funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7d7 ,regulatory authority ,grants awarded under chapter #d of title #bc1 ,united ,states ,code1 including any amendments made by this title1 shall be carried out in accordance with regulations issued by the ,secretary of ,transportation4 7e7 ,state matching requirements ,if a grant awarded under chapter #d of title #bc1 ,united ,states ,code1 requires a ,state to share in the cost1 the aggregate of all expenditures for highway safety activities made during a fiscal year by the ,state and its political subdivisions 7exclusive of ,federal funds7 for carrying out the grant 7other than planning and administration7 shall be available for the purpose of crediting the ,state during such fiscal year for the non-,federal share of the cost of any other project carried out under chapter #d of title #bc1 ,united ,states ,code 7other than planning or administration71 without regard to whether such expenditures were made in connection with such project4 7f7 ,grant application and deadline ,to receive a grant under chapter #d of title #bc1 ,united ,states ,code1 a ,state shall submit an application1 and the ,secretary of ,transportation shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year4 #cjjb4 ,highway safety programs ,section #djb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,a7-- 7i7 in clause 7ii7 by striking occupant protection devices 7including the use of safety belts and child restraint systems7 and inserting safety belts2 7ii7 in clause 7vii7 by striking 2 and and inserting a semicolon2 and 7iii7 by inserting after clause 7viii7 the following3 7ix7 to encourage more widespread and proper use of child safety seats 7including booster seats7 with an emphasis on underserved populations2 7x7 to reduce injuries and deaths resulting from drivers of motor vehicles not moving to another traffic lane or reducing the speed of such driver's vehicle when passing an emergency1 law enforcement1 or other vehicle stopped or parked on or near the roadway2 and 7xi7 to increase driver awareness of the dangers of leaving an unattended child or other occupant in a vehicle when there is a risk of hyperthermia2 2 and 7,b7 by adding at the end the following3 7#c7 ,additional considerations ,states which have legalized medicinal or recreational marijuana shall consider programs in addition to the programs described in paragraph 7#b77;,a7 to educate drivers on the risks associated with marijuana-impaired driving and to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana4 2 7#b7 in subsection 7c77#d7-- 7,a7 by striking subparagraph 7,c72 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,special rule for school and work zones ,notwithstanding subparagraph 7,a71 a ,state may expend funds apportioned to that ,state under this section to carry out a program to purchase1 operate1 or maintain an automated traffic system in a work zone or school zone4 7,c7 ,automated traffic enforcement system guidelines ,any automated traffic enforcement system installed pursuant to subparagraph 7,b7 shall comply with-- 7i7 ,speed ,enforcement ,camera ,systems ,operational ,guidelines 7,,dot ,,hs #haj #iaf1 ,march #bjjh72 or 7ii7 ,red ,light ,camera ,systems ,operational ,guidelines 7,,fhwa-,,sa-#je-jjb1 ,january #bjje74 2 and 7#c7 in subsection 7n7-- 7,a7 by striking ,public transparency and all that follows through ,the ,secretary and inserting the following3 ,public transparency4-- 7#a7 ,in general ,the ,secretary 2 and 7,b7 by adding at the end the following3 7#b7 ,state highway safety plan website 7,a7 ,in general ,in carrying out the requirements of paragraph 7#a71 the ,secretary shall establish a public website that is easily accessible1 navigable1 and searchable for the information required under paragraph 7#a71 in order to foster greater transparency in approved ,state highway safety programs4 7,b7 ,contents ,the website established under subparagraph 7,a7 shall-- 7i7 include each ,state highway safety plan and annual report submitted and approved by the ,secretary under subsection 7k72 7ii7 provide a means for the public to search such website for ,state highway safety program content required in subsection 7k71 including-- 7,i7 performance measures required by the ,secretary under paragraph 7#c77;,a72 7,,ii7 progress made toward meeting the ,state's performance targets for the previous year2 7,,iii7 program areas and expenditures2 and 7,,iv7 a description of any sources of funds other than funds provided under this section that the ,state proposes to use to carry out the ,state highway safety plan of such ,state4 4 #cjjc4 ,traffic safety enforcement grants ,section #djb of title #bc1 ,united ,states ,code1 as amended by section #cjjb of this ,act1 is further amended by inserting after subsection 7k7 the following3 7l7 ,traffic safety enforcement grants 7#a7 ,general authority ,subject to the requirements under this subsection1 the ,secretary shall award grants to ,states for the purpose of carrying out top-rated traffic safety enforcement countermeasures to reduce traffic-related injuries and fatalities4 7#b7 ,countermeasure defined ,in this subsection1 the term countermeasure means a countermeasure rated #c1 #d1 or #e stars in the most recent edition of the ,national ,highway ,traffic ,safety ,administration's ,countermeasures ,that ,work highway safety guide4 7#c7 ,funding ,before making any distribution under this section1 the ,secretary shall set aside not more than #ce1jjj1jjj of the funds made available under this section for each fiscal year to be allocated among up to #aj ,states4 7#d7 ,selection criteria ,the ,secretary shall select up to #aj applicants based on the following criteria3 7,a7 ,geographical diversity4 7,b7 ,higher ,state average of traffic fatalities per vehicle mile traveled4 7,c7 ,a preference to applications that include under paragraph 7#f77;,c7 the data derived from law enforcement activities funded by a ,state under this section4 7#e7 ,eligibility ,a ,state may receive a grant under this subsection in a fiscal year if the ,state demonstrates1 to the satisfaction of the ,secretary1 that the ,state is able to meet the requirements in paragraph 7#f74 7#f7 ,requirements ,in order to receive funds1 a ,state must establish an agreement with the ,secretary to-- 7,a7 identify areas with the highest risk of traffic fatalities and injuries2 7,b7 determine the most effective countermeasures to implement in those areas1 with priority given to countermeasures rated above #c stars2 and 7,c7 report annual data under uniform reporting requirements established by the ,secretary1 including-- 7i7 traffic citations and arrests2 7ii7 the increase in traffic safety enforcement activity supported by these funds2 and 7iii7 any other metrics the ,secretary determines appropriate to determine the success of the grant4 7#g7 ,use of funds 7,a7 ,in general ,grant funds received by a ,state under this subsection may be used for-- 7i7 implementing countermeasures determined under paragraph 7#f72 and 7ii7 law enforcement-related expenses1 such as officer training1 overtime1 technology1 and equipment1 if the ,secretary determines countermeasures have been implemented successfully and the ,secretary provides approval4 7,b7 ,broadcast and print media ,up to #e percent of grant funds received by a ,state under this subsection may be used for the development1 production1 and use of broadcast and print media advertising in carrying out traffic safety law enforcement efforts under this subsection4 7#h7 ,allocation ,grant funds allocated to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under this section for the fiscal year4 7#i7 ,maintenance of effort ,no grant may be made to a ,state in any fiscal year under this subsection unless the ,state enters into such an agreement with the ,secretary1 as the ,secretary may require1 to ensure that the ,state will maintain its aggregate expenditures from all ,state and local sources for activities described in this subsection at or above the average level of expenditures in the #b fiscal years preceding the date of enactment of this subsection4 7#aj7 ,annual evaluation and report to ,congress ,the ,secretary shall conduct an annual evaluation of the effectiveness of grants awarded under this subsection and shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate an annual report on the effectiveness of the grants4 4 #cjjd4 ,highway safety research and development ,section #djc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by inserting 1 training1 after demonstration projects2 7#b7 in subsection 7f77#a7 by striking subsection #djb7;c7 in each fiscal year ending before ,october #a1 #bjae1 and #ddc1ihi of the total amount available for apportionment to the ,states for highway safety programs under section #djb7;c7 in the period beginning on ,october #a1 #bjae1 and ending on ,december #d1 #bjae1 and inserting section #djb7;c77#b7 in each fiscal year2 and 7#c7 by striking subsection 7h7 and redesignating subsections 7i7 and 7j7 as subsections 7h7 and 7i71 respectively4 #cjje4 ,grant program to prohibit racial profiling ,section #djc of title #bc1 ,united ,states ,code1 as amended by section #cjjd of this ,act1 is further amended by adding at the end the following3 7j7 ,grant program to prohibit racial profiling 7#a7 ,general authority ,subject to the requirements of this subsection1 the ,secretary shall make grants to a ,state that-- 7,a7 is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a ,federal-aid highway in the ,state regarding the race and ethnicity of the driver2 or 7,b7 provides assurances satisfactory to the ,secretary that the ,state is undertaking activities to comply with the requirements of subparagraph 7,a74 7#b7 ,use of grant funds ,a grant received by a ,state under paragraph 7#a7 shall be used by the ,state for the costs of-- 7,a7 collecting and maintaining data on traffic stops2 and 7,b7 evaluating the results of such data4 7#c7 ,limitations 7,a7 ,maximum amount of grants ,the total amount of grants made to a ,state under this section in a fiscal year may not exceed #e percent of the amount made available to carry out this section in the fiscal year4 7,b7 ,eligibility ,on or after ,october #a1 #bjbb1 a ,state may not receive a grant under paragraph 7#a77;,b7 in more than #b fiscal years4 7#d7 ,funding 7,a7 ,in general ,from funds made available under this section1 the ,secretary shall set aside #g1ejj1jjj for each fiscal year to carry out this subsection4 7,b7 ,federal share ,the ,federal share of the cost of activities carried out using such funds shall be #hj percent4 7,c7 ,other uses ,the ,secretary may reallocate1 before the last day of any fiscal year1 amounts remaining available under subparagraph 7,a7 to increase the amounts made available to carry out any other activities authorized under this section in order to ensure1 to the maximum extent possible1 that all such amounts are obligated during such fiscal year4 4 #cjjf4 ,high-visibility enforcement program ,section #djd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking #c campaigns will be carried out in each of fiscal years #bjaf through #bjbj and inserting #f campaigns will be carried out in each of fiscal years #bjbb through #bjbe2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7 by striking or drug-impaired2 7,b7 in paragraph 7#b7 by inserting and child restraints after seatbelts2 7,c7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 ,reduce drug-impaired operation of motor vehicles4 2 and 7,e7 by adding at the end the following3 7#d7 ,reduce texting through a personal wireless communications device by drivers while operating a motor vehicle4 7#e7 ,reduce violations of move over laws of a ,state that require motorists to change lanes or slow down when emergency1 law enforcement1 or other vehicles are stopped or parked on or next to a roadway4 2 7#c7 by redesignating subsections 7e7 and 7f7 as subsections 7g7 and 7h71 respectively2 7#d7 by inserting after subsection 7d7 the following3 7e7 ,frequency ,each campaign administered under this section shall occur not less than once in each of fiscal years #bjbb through #bjbe with the exception of campaigns to reduce alcohol-impaired operation of motor vehicles which shall occur not less than twice in each of fiscal years #bjbb through #bjbe4 7f7 ,coordination of dynamic highway message signs ,during the time a ,state is carrying out a campaign1 the ,secretary shall coordinate with ,states carrying out the campaigns under this section on the use of dynamic highway message signs to support national high-visibility advertising and education efforts associated with the campaigns4 2 and 7#e7 in subsection 7f7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,dynamic highway message sign ,the term dynamic highway message sign means a traffic control device that is capable of displaying one or more alternative messages which convey information to occupants of motor vehicles4 2 and 7,c7 by adding at the end the following3 7#d7 ,texting ,the term texting has the meaning given such term in section #dje7;e74 4 #cjjg4 ,national priority safety programs ,section #dje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7 by striking #ac percent and inserting #ab4he percent2 7,b7 in paragraph 7#b7 by striking #ad4e percent and inserting #ad4c percent2 7,c7 in paragraph 7#c7 by striking #eb4e percent and inserting #ea4ge percent2 7,d7 in paragraph 7#d7 by striking #h4e percent and inserting #h4c percent2 7,e7 in paragraph 7#f7 by striking #e percent and inserting #d4i percent2 7,f7 in paragraph 7#g7 by striking #e percent and inserting #d4i percent2 7,g7 in paragraph 7#h7-- 7i7 by striking paragraphs 7#a7 through 7#g7 and inserting paragraphs 7#a7 through 7#h72 7ii7 by striking subsection 7b7 through 7h7 and inserting subsections 7b7 through 7i72 and 7iii7 by inserting to carry out any of the other activities described in such subsections1 or the amount made available before under section #djb2 7,h7 in paragraph 7#i77;,a7 by striking date of enactment of the ,,fast ,act and inserting date of enactment of the ,,invest in ,america ,act2 7,i7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#i7 and 7#aj71 respectively2 and 7,j7 by inserting after paragraph 7#g7 the following3 7#h7 ,driver and officer safety education ,in each fiscal year1 #a4e percent of the funds provided under this section shall be allocated among ,states that meet the requirements with respect to driver and officer safety education 7as described in subsection 7i774 2 7#b7 by striking subsection 7c77#d7 and inserting the following3 7#d7 ,use of grant amounts ,grant funds received by a ,state under this subsection shall be used for-- 7,a7 making data program improvements to core highway safety databases related to quantifiable1 measurable progress in any of the #f significant data program attributes set forth in paragraph 7#c77;,d72 7,b7 developing or acquiring programs to identify1 collect1 and report data to ,state and local government agencies1 and enter data1 including crash1 citation or adjudication1 driver1 emergency medical services or injury surveillance system1 roadway1 and vehicle1 into the core highway safety databases of a ,state2 7,c7 purchasing equipment to improve processes by which data is identified1 collected1 and reported to ,state and local government agencies2 7,d7 linking core highway safety databases of a ,state with such databases of other ,states or with other data systems within the ,state1 including systems that contain medical1 roadway1 and economic data2 7,e7 improving the compatibility and interoperability of the core highway safety databases of the ,state with national data systems and data systems of other ,states2 7,f7 enhancing the ability of a ,state and the ,secretary to observe and analyze local1 ,state1 and national trends in crash occurrences1 rates1 outcomes1 and circumstances2 7,g7 supporting traffic records-related training and related expenditures for law enforcement1 emergency medical1 judicial1 prosecutorial1 and traffic records professionals2 7,h7 hiring traffic records professionals1 including a ,fatality ,analysis ,reporting ,system liaison for a ,state2 and 7,i7 conducting research on ,state traffic safety information systems1 including developing and evaluating programs to improve core highway safety databases of such ,state and processes by which data is identified1 collected1 reported to ,state and local government agencies1 and entered into such core safety databases4 2 7#c7 by striking subsection 7d77#f77;,a7 and inserting the following3 7,a7 ,grants to ,states with alcohol-ignition interlock laws ,the ,secretary shall make a separate grant under this subsection to each ,state that-- 7i7 adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals arrested or convicted of driving under the influence of alcohol or of driving while intoxicated2 7ii7 does not allow any individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated to drive a motor vehicle unless such individual installs an ignition interlock for a minimum #f-month interlock period2 or 7iii7 has-- 7,i7 enacted and is enforcing a state law requiring all individuals convicted of1 or whose driving privilege is revoked or denied for1 refusing to submit to a chemical or other test for the purpose of determining the presence or concentration of any intoxicating substance to install an ignition interlock for a minimum #f-month interlock period2 and 7,,ii7 a compliance-based removal program in which an individual arrested or convicted of driving under the influence of alcohol or driving while intoxicated shall install an ignition interlock for a minimum #f-month interlock period and have completed a minimum consecutive period of not less than #dj percent of the required interlock period immediately preceding the date of release1 without a confirmed violation of driving under the influence of alcohol or driving while intoxicated4 2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a7 by striking paragraphs 7#b7 and 7#c7 and inserting paragraph 7#b72 7,b7 in paragraph 7#d7-- 7i7 by striking paragraph 7#b7 or 7#c7 and inserting paragraph 7#c7 or 7#d72 7ii7 in subparagraph 7,a7 by striking communications device to contact emergency services and inserting communications device during an emergency to contact emergency services or to prevent injury to persons or property2 7iii7 in subparagraph 7,c7 by striking 2 and and inserting a semicolon2 7iv7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7v7 by inserting after subparagraph 7,c7 the following3 7,d7 a driver who uses a personal wireless communication device for navigation2 and 2 7,c7 in paragraph 7#e77;,a77i7 by striking texting or using a cell phone while and inserting distracted2 7,d7 in paragraph 7#i7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,personal wireless communications device ,the term personal wireless communications device means-- 7i7 until the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 a device through which personal services 7as such term is defined in section #ccb7;c77#g77;,c77i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g77;,c77i77 are transmitted1 but not including the use of such a device as a global navigation system receiver used for positioning1 emergency notification1 or navigation purposes2 and 7ii7 on and after the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 the definition described in such regulation4 2 and 7ii7 by striking subparagraph 7,e7 and inserting the following3 7,e7 ,texting ,the term texting means-- 7i7 until the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 reading from or manually entering data into a personal wireless communications device1 including doing so for the purpose of ,,sms texting1 emailing1 instant messaging1 or engaging in any other form of electronic data retrieval or electronic data communication2 and 7ii7 on and after the date on which the ,secretary issues a regulation pursuant to paragraph 7#h77;,a71 the definition described in such regulation4 2 7,e7 by striking paragraphs 7#b71 7#c71 7#f71 and 7#h72 7,f7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7,g7 by inserting after paragraph 7#a7 the following3 7#b7 ,allocation 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the allocation of grant funds to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under section #djb for fiscal year #bjji4 7,b7 ,primary offense laws ,a ,state that has enacted and is enforcing a law that meets the requirements set forth in paragraphs 7#c7 and 7#d7 as a primary offense shall be allocated #ajj percent of the amount calculated under subparagraph 7,a74 7,c7 ,secondary offense laws ,a ,state that has enacted and is enforcing a law that meets the requirements set forth in paragraphs 7#c7 and 7#d7 as a secondary offense shall be allocated #ej percent of the amount calculated under subparagraph 7,a74 7#c7 ,prohibition on handheld personal wireless communication device use while driving ,a ,state law meets the requirements set forth in this paragraph if the law-- 7,a7 prohibits a driver from holding or using1 including texting1 a personal wireless communications device while driving1 except for the use of a personal wireless communications device-- 7i7 in a hands-free manner or with a hands-free accessory1 or 7ii7 to activate or deactivate a feature or function of the personal wireless communications device2 7,b7 establishes a fine for a violation of the law2 and 7,c7 does not provide for an exemption that specifically allows a driver to hold or use a personal wireless communication device while stopped in traffic4 7#d7 ,prohibition on personal wireless communication device use while driving or stopped in traffic ,a ,state law meets the requirements set forth in this paragraph if the law-- 7,a7 prohibits a driver from using a personal wireless communications device while driving if the driver is-- 7i7 younger than #ah years of age2 or 7ii7 in the learner's permit or intermediate license stage described in subparagraph 7,a7 or 7,b7 of subsection 7g77#b72 7,b7 establishes a fine for a violation of the law2 and 7,c7 does not provide for an exemption that specifically allows a driver to use a personal wireless communication device while stopped in traffic4 2 and 7,h7 by inserting after paragraph 7#g7 the following3 7#h7 ,rulemaking ,not later than #a year after the date of enactment of this paragraph1 the ,secretary shall issue such regulations as are necessary to account for diverse ,state approaches to combating distracted driving that-- 7,a7 defines the terms personal wireless communications device and texting for the purposes of this subsection2 and 7,b7 determines additional permitted exceptions that are appropriate for a ,state law that meets the requirements under paragraph 7#c7 or 7#d74 2 7#e7 in subsection 7g7-- 7,a7 in paragraph 7#a7 by inserting subparagraphs 7,a7 and 7,b7 of before paragraph 7#b72 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,minimum requirements 7,a7 ,tier #a state ,a ,state shall be eligible for a grant under this subsection as a ,tier #a ,state if such ,state requires novice drivers younger than #ah years of age to comply with a #b-stage graduated driver licensing process before receiving an unrestricted driver's license that includes-- 7i7 a learner's permit stage that-- 7,i7 is at least #ahj days in duration2 7,,ii7 requires that the driver be accompanied and supervised at all times2 and 7,,iii7 has a requirement that the driver obtain at least #dj hours of behind-the-wheel training with a supervisor2 and 7ii7 an intermediate stage that-- 7,i7 commences immediately after the expiration of the learner's permit stage2 7,,ii7 is at least #ahj days in duration2 and 7,,iii7 for the first #ahj days of the intermediate stage1 restricts the driver from-- 7aa7 driving at night between the hours of #aa3jj p4m4 and at least #d3jj a4m4 except-- 7,,aa7 when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle2 and 7,,bb7 when driving to and from work1 school and school-related activities1 religious activities1 for emergencies1 or as a member of voluntary emergency service2 and 7bb7 operating a motor vehicle with more than #a nonfamilial passenger younger than #ah years of age1 except when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle4 7,b7 ,tier #b state ,a ,state shall be eligible for a grant under this subsection as a ,tier #b ,state if such ,state requires novice drivers younger than #ah years of age to comply with a #b-stage graduated driver licensing process before receiving an unrestricted driver's license that includes-- 7i7 a learner's permit stage that-- 7,i7 is at least #ahj days in duration2 7,,ii7 requires that the driver be accompanied and supervised at all times2 and 7,,iii7 has a requirement that the driver obtain at least #ej hours of behind-the-wheel training1 with at least #aj hours at night1 with a supervisor2 and 7ii7 an intermediate stage that-- 7,i7 commences immediately after the expiration of the learner's permit stage2 7,,ii7 is at least #ahj days in duration2 and 7,,iii7 for the first #ahj days of the intermediate stage1 restricts the driver from-- 7aa7 driving at night between the hours of #aj3jj p4m4 and at least #d3jj a4m4 except-- 7,,aa7 when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle2 and 7,,bb7 when driving to and from work1 school and school-related activities1 religious activities1 for emergencies1 or as a member of voluntary emergency service2 and 7bb7 operating a motor vehicle with any nonfamilial passenger younger than #ah years of age1 except when a parent1 guardian1 driving instructor1 or licensed driver who is at least #ba years of age is in the motor vehicle4 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7 by inserting subparagraphs 7,a7 and 7,b7 of before paragraph 7#b72 and 7ii7 in subparagraph 7,b7 by inserting subparagraphs 7,a7 and 7,b7 of before paragraph 7#b7 each place such term appears2 and 7,d7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,use of funds 7,a7 ,tier #a ,states ,a ,tier #a ,state shall use grant funds provided under this subsection for-- 7i7 enforcing a #b-stage licensing process that complies with paragraph 7#b72 7ii7 training for law enforcement personnel and other relevant ,state agency personnel relating to the enforcement described in clause 7i72 7iii7 publishing relevant educational materials that pertain directly or indirectly to the ,state graduated driver licensing law2 7iv7 carrying out other administrative activities that the ,secretary considers relevant to the ,state's #b-stage licensing process2 or 7v7 carrying out a teen traffic safety program described in section #djb7m74 7,b7 ,tier #b ,states ,of the grant funds made available to a ,tier #b ,state under this subsection-- 7i7 #be percent shall be used for any activity described in subparagraph 7,a72 and 7ii7 #ge percent may be used for any project or activity eligible under section #djb4 2 and 7#f7 by adding at the end the following3 7i7 ,driver and officer safety education 7#a7 ,general authority ,subject to the requirements under this subsection1 the ,secretary shall award grants to-- 7,a7 ,states that enact a commuter safety education program2 and 7,b7 ,states qualifying under paragraph 7#e77;,a74 7#b7 ,federal share ,the ,federal share of the costs of activities carried out using amounts from a grant awarded under this subsection may not exceed #hj percent4 7#c7 ,eligibility ,to be eligible for a grant under this subsection1 a ,state shall enact a law or adopt a program that requires the following3 7,a7 ,driver education and driving safety courses ,inclusion1 in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the ,state1 of instruction and testing concerning law enforcement practices during traffic stops1 including information on-- 7i7 the role of law enforcement and the duties and responsibilities of peace officers2 7ii7 an individual's legal rights concerning interactions with peace officers2 7iii7 best practices for civilians and peace officers during such interactions2 7iv7 the consequences for an individual's or officer's failure to comply with those laws and programs2 and 7v7 how and where to file a complaint against or a compliment on behalf of a peace officer4 7,b7 ,peace officer training programs ,development and implementation of a training program1 including instruction and testing materials1 for peace officers and reserve law enforcement officers 7other than officers who have received training in a civilian course described in subparagraph 7,a77 with respect to proper interaction with civilians during traffic stops4 7#d7 ,grant amount ,the allocation of grant funds to a ,state under this subsection for a fiscal year shall be in proportion to the ,state's apportionment under section #djb for fiscal year #bjji4 7#e7 ,special rule for certain ,states 7,a7 ,qualifying state ,a ,state qualifies pursuant to this subparagraph if-- 7i7 the ,secretary determines such ,state has taken meaningful steps toward the full implementation of a law or program described in paragraph 7#c72 7ii7 the ,secretary determines such ,state has established a timetable for the implementation of such a law or program2 and 7iii7 such ,state has received a grant pursuant to this subsection for a period of not more than #e years4 7,b7 ,withholding ,with respect to a ,state that qualifies pursuant to subparagraph 7,a71 the ,secretary shall-- 7i7 withhold #ej percent of the amount that such ,state would otherwise receive if such ,state were a ,state described in paragraph 7#a77;,a72 and 7ii7 direct any such amounts for distribution among the ,states that are enforcing and carrying out a law or program described in paragraph 7#c74 7#f7 ,use of grant amounts ,a ,state receiving a grant under this subsection may use such grant-- 7,a7 for the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph 7#c72 and 7,b7 for the implementation of the law described in paragraph 7#c74 4 #cjjh4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence ,section #afd7;b77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7 by striking alcohol-impaired and inserting alcohol or polysubstance-impaired2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking alcohol-impaired and inserting alcohol or polysubstance-impaired2 7,b7 by striking or and inserting a comma2 and 7,c7 by inserting 1 or driving while polysubstance-impaired after driving under the influence4 #cjji4 ,national priority safety program grant eligibility ,section #djaj7b7 of the ,,fast ,act 7#bc ,u4,s4,c4 #dje note7 is amended by striking deficiencies and inserting all deficiencies4 ,,iv ,motor ,carrier ,safety ,a ,motor ,carrier ,safety ,grants1 ,operations1 and ,programs #daja4 ,motor carrier safety grants ,section #caajd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,financial assistance programs ,the following sums are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,motor carrier safety assistance program ,subject to paragraph 7#b7 and subsection 7c71 to carry out section #caajb 7except subsection 7l77-- 7,a7 #chh1iej1jjj for fiscal year #bjbb2 7,b7 #cih1gjj1jjj for fiscal year #bjbc2 7,c7 #djh1ijj1jjj for fiscal year #bjbd2 and 7,d7 #dah1dbe1jjj for fiscal year #bjbe4 7#b7 ,high priority activities program ,subject to subsection 7c71 to carry out section #caajb7l7-- 7,a7 #gb1fjd1jjj for fiscal year #bjbb2 7,b7 #gd1dbd1jjj for fiscal year #bjbc2 7,c7 #gf1cbh1jjj for fiscal year #bjbd2 and 7,d7 #gh1ajf1jjj for fiscal year #bjbe4 7#c7 ,commercial motor vehicle operators grant program ,to carry out section #caajc-- 7,a7 #a1jcg1bjj for fiscal year #bjbb2 7,b7 #a1jfc1bjj for fiscal year #bjbc2 7,c7 #a1jij1djj for fiscal year #bjbd2 and 7,d7 #a1aae1hjj for fiscal year #bjbe4 7#d7 ,commercial driver's license program implementation program ,subject to subsection 7c71 to carry out section #cacac-- 7,a7 #ef1jjh1hjj for fiscal year #bjbb2 7,b7 #eg1dab1hjj for fiscal year #bjbc2 7,c7 #eh1hha1fjj for fiscal year #bjbd2 and 7,d7 #fj1bec1bjj for fiscal year #bjbe4 2 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,partner training and program support 7#a7 ,in general ,on ,october #a of each fiscal year1 or as soon after that date as practicable1 the ,secretary may deduct from amounts made available under paragraphs 7#a71 7#b71 and 7#d7 of subsection 7a7 for that fiscal year not more than #a4ej percent of those amounts for partner training and program support in that fiscal year4 7#b7 ,use of funds ,the ,secretary shall use at least #ge percent of the amounts deducted under paragraph 7#a7 on training and related training materials for non-,federal ,government employees4 7#c7 ,partnership ,the ,secretary shall carry out the training and development of materials pursuant to paragraph 7#b7 in partnership with one or more nonprofit organizations1 selected on a competitive basis1 that have-- 7,a7 expertise in conducting a training program for non-,federal ,government employees2 and 7,b7 a demonstrated ability to involve in a training program the target population of commercial motor vehicle safety enforcement employees4 2 7#c7 in subsection 7f7-- 7,a7 in paragraph 7#a7 by striking the next fiscal year and inserting the following #b fiscal years2 7,b7 in paragraph 7#b7 by striking the next #b fiscal years and inserting the following #c fiscal years2 and 7,c7 in paragraph 7#c7 by striking the next #d fiscal years and inserting the following #e fiscal years2 and 7#d7 by adding at the end the following3 7j7 ,treatment of reallocations ,amounts that are obligated and subsequently1 after the date of enactment of this subsection1 released back to the ,secretary under subsection 7i7 shall not be subject to limitations on obligations provided under any other provision of law4 4 #dajb4 ,motor carrier safety operations and programs 7a7 ,in general ,section #caaaj of title #di1 ,united ,states ,code1 is amended by striking subsection 7a7 and inserting the following3 7a7 ,administrative expenses ,there is authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for the ,secretary of ,transportation to pay administrative expenses of the ,federal ,motor ,carrier ,safety ,administration-- 7#a7 #chj1ejj1jjj for fiscal year #bjbb2 7#b7 #cha1ejj1jjj for fiscal year #bjbc2 7#c7 #chb1ejj1jjj for fiscal year #bjbd2 and 7#d7 #chd1ejj1jjj for fiscal year #bjbe4 4 7b7 ,administrative expenses 7#a7 ,use of funds ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall use funds made available in subsection 7a7 for-- 7,a7 acceleration of planned investments to modernize the ,administration's information technology and information management systems2 7,b7 completing outstanding mandates2 7,c7 carrying out a ,large ,truck ,crash ,causal ,factors ,study of the ,administration2 7,d7 construction and maintenance of border facilities2 and 7,e7 other activities authorized under section #caaaj7;b7 of title #di1 ,united ,states ,code4 7#b7 ,definition of outstanding mandate ,in this subsection1 the term outstanding mandate means a requirement for the ,federal ,motor ,carrier ,safety ,administration to issue regulations1 undertake a comprehensive review or study1 conduct a safety assessment1 or collect data-- 7,a7 under this ,act2 7,b7 under ,,map-#ba 7,public ,law #aab-ada71 that has not been published in the ,federal ,register1 if required1 or otherwise completed as of the date of enactment of this ,act2 7,c7 under the ,,fast ,act 7,public ,law #aad-id71 that has not been published in the ,federal ,register1 if required1 or otherwise completed as the of the date of enactment of this ,act2 and 7,d7 under any other ,act enacted before the date of enactment of this ,act that has not been published in the ,federal ,register by the date required in such ,act4 ,b ,motor ,carrier ,safety ,oversight #dbja4 ,motor carrier safety advisory committee ,section #dadd of ,,safetea-,,lu 7#di ,u4,s4,c4 #caajj note7 is amended-- 7#a7 in subsection 7b77#a7 by inserting 1 including small business motor carriers after industry2 and 7#b7 in subsection 7d7 by striking ,september #cj1 #bjac and inserting ,september #cj1 #bjbe4 #dbjb4 ,compliance1 safety1 accountability 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall implement a revised methodology to be used in the ,compliance1 ,safety1 ,accountability program of the ,federal ,motor ,carrier ,safety ,administration to identify and prioritize motor carriers for intervention1 using the recommendations of the study required by section #ebba7;a7 of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note74 7b7 ,data availability ,the ,secretary shall1 in working toward implementation of the revised methodology described in subsection 7a7-- 7#a7 prioritize revisions necessary to restore the public availability of all relevant safety data under a revised methodology2 and 7#b7 make such safety data publicly available that was made publicly available on the day before the date of enactment of the ,,fast ,act1 and make publicly available any safety data that was required to be made available by section #ebbc of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note74 7c7 ,implementation 7#a7 ,progress reports ,not later than #cj days after the date of enactment of this ,act1 and every #ij days thereafter until the date on which the ,secretary implements the revised methodology described in subsection 7a71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on a website of the ,department of ,transportation1 a progress report on-- 7,a7 the status of the revision of the methodology and related data modifications under subsection 7a71 a timeline for completion of such revision1 and an estimated date for implementation of such revised methodology2 7,b7 an explanation for any delays in development or implementation of the revised methodology over the reporting period2 and 7,c7 if the ,secretary has not resumed making publicly available the data described in subsection 7b71 an updated timeline for the restoration of the public availability of data and a detailed explanation for why such restoration has not occurred4 7#b7 ,publication and notification ,prior to commencing the use of the revised methodology described in subsection 7a7 to identify and prioritize motor carriers for intervention 7other than in a testing capacity71 the ,secretary shall-- 7,a7 publish the methodology in the ,federal ,register and provide a period for public comment2 and 7,b7 notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 in writing4 7d7 ,safety fitness rule 7#a7 ,rulemaking ,not later than #a year after the date on which the ,secretary notifies ,congress under subsection 7c77#b71 the ,secretary shall issue final regulations pursuant to section #caadd7;b7 of title #di1 ,united ,states ,code1 to revise the methodology for issuance of motor carrier safety fitness determinations4 7#b7 ,considerations ,in issuing the regulations under paragraph 7#a71 the ,secretary shall consider the use of all available data to determine the fitness of a motor carrier4 7e7 ,repeal ,section #ebbc of the ,,fast ,act 7#di ,u4,s4,c4 #caajj note71 and the item related to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 #dbjc4 ,terms and conditions for exemptions ,section #cacae of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#d77;,a7 by inserting 1 including data submission requirements1 after terms and conditions2 and 7,b7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,terms and conditions 7,a7 ,in general ,the ,secretary shall establish terms and conditions for each exemption to ensure that the exemption does not degrade the level of safety achieved by the person or class of persons granted the exemption1 including-- 7i7 requiring the regular submission of accident and incident data to the ,secretary2 7ii7 requiring immediate notification to the ,secretary in the event of a fatal accident2 and 7iii7 for exemptions granted by the ,secretary related to hours of service rules under part #cie of title #di1 ,code of ,federal ,regulations1 requiring that the exempt person or class of persons submit to the ,secretary evidence of participation in a recognized fatigue management plan4 7,b7 ,implementation ,the ,secretary shall monitor the implementation of the exemption to ensure compliance with its terms and conditions4 2 and 7#b7 in subsection 7e7 by inserting 1 based on an analysis of data collected by the ,secretary and submitted to the ,secretary under subsection 7b77#h7 after safety4 #dbjd4 ,safety fitness of motor carriers of passengers ,section #caadd7;i7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7 by striking who the ,secretary registers under section #acijb or #caacd2 and 7,b7 in subparagraph 7,b7 by inserting to motor carriers of passengers and after apply2 and 7#b7 by adding at the end the following3 7#e7 ,motor carrier of passengers defined ,in this subsection1 the term motor carrier of passengers includes an offeror of motorcoach services that sells scheduled transportation of passengers for compensation at fares and on schedules and routes determined by such offeror1 regardless of ownership or control of the vehicles or drivers used to provide the transportation by motorcoach4 4 ,c ,commercial ,motor ,vehicle ,driver ,safety #dcja4 ,commercial drivers license for passenger carriers ,section #cacja7d77;,b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7,b7 is designed or used to transport-- 7i7 more than #h passengers 7including the driver7 for compensation2 or 7ii7 more than #ae passengers 7including the driver71 whether or not the transportation is provided for compensation2 or 4 #dcjb4 ,alcohol and controlled substances testing ,section #cacjf7;c77#b7 of title #di1 ,united ,states ,code1 is amended by striking 1 for urine testing14 #dcjc4 ,entry-level driver training ,not later than ,january #a1 #bjba1 and every #ij days thereafter until the compliance date for the final rule published on ,december #h1 #bjaf1 titled ,minimum ,training ,requirements for ,entry-,level ,commercial ,motor ,vehicle ,operators 7#ha ,fed4 ,reg4 #hhgcb71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on-- 7#a7 a schedule1 including benchmarks1 to complete implementation of the requirements under such final rule2 7#b7 any anticipated delays1 if applicable1 in meeting the benchmarks described in paragraph 7#a72 7#c7 the progress that the ,secretary has made in updating the ,department of ,transportation's information technology infrastructure to support the training provider registry2 7#d7 a list of ,states that have adopted laws or regulations to implement such final rule2 and 7#e7 a list of ,states1 if applicable1 that are implementing the rule and confirming that an applicant for a ,commercial ,drivers ,license has complied with the requirements4 #dcjd4 ,driver detention time 7a7 ,data collection ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 begin to collect data on delays experienced by operators of commercial motor vehicles1 as required under section #eeja of the ,,fast ,act 7#di ,u4,s4,c4 #adajc note7 and as referenced in the request for information published on ,june #aj1 #bjai1 titled ,request for ,information ,concerning ,commercial ,motor ,vehicle ,driver ,detention ,times ,during ,loading and ,unloading 7#hd ,fed4 ,reg4 #bficb72 and 7#b7 make such data available on a publicly accessible website of the ,department of ,transportation4 7b7 ,detention time limits 7#a7 ,rulemaking ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall initiate a rulemaking to establish limits on the amount of time that an operator of a commercial motor vehicle may be reasonably detained by a shipper or receiver before the loading or unloading the vehicle1 if the operator is not compensated for such time detained4 7#b7 ,contents ,as part of the rulemaking conducted pursuant to subsection 7a71 the ,secretary shall-- 7,a7 consider the diverse nature of operations in the movement of goods by commercial motor vehicle2 7,b7 examine any correlation between time detained and violations of the hours-of-service rules under part #cie of title #di1 ,code of ,federal ,regulations2 7,c7 determine whether the effect of detention time on safety differs based on-- 7i7 how an operator is compensated2 and 7ii7 the contractual relationship between the operator and the motor carrier1 including whether an operator is an employee1 a leased owner-operator1 or an owner-operator with independent authority2 and 7,d7 establish a process for a motor carrier1 shipper1 receiver1 broker1 or commercial motor vehicle operator to report instances of time detained beyond the ,secretary's established limits4 7#c7 ,incorporation of information ,the ,secretary shall incorporate information received under paragraph 7#b77;,d7 into the process established pursuant to subsection 7a7 once a final rule takes effect4 7c7 ,data protection ,data made available pursuant to this section shall be made available in a manner that-- 7#a7 precludes the connection of the data to any individual motor carrier or commercial motor vehicle operator2 and 7#b7 protects privacy and confidentiality of individuals1 operators1 and motor carriers submitting the data4 7d7 ,commercial motor vehicle defined ,in this section1 the term commercial motor vehicle has the meaning given such term in section #caaja of title #di1 ,united ,states ,code4 #dcje4 ,truck ,leasing ,task ,force 7a7 ,establishment ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary of ,labor1 shall establish a ,truck ,leasing ,task ,force 7hereinafter referred to as the ,task ,force74 7b7 ,membership ,the ,secretary of ,transportation shall select not more than #ae individuals to serve as members of the ,task ,force1 including equal representation from each of the following3 7#a7 ,labor organizations4 7#b7 ,the motor carrier industry1 including independent owner-operators4 7#c7 ,consumer protection groups4 7#d7 ,safety groups4 7#e7 ,members of the legal profession who specialize in consumer finance issues4 7c7 ,duties ,the ,task ,force shall examine1 at a minimum-- 7#a7 common truck leasing arrangements available to commercial motor vehicle drivers1 including lease-purchase agreements2 7#b7 the terms of such leasing agreements2 7#c7 the prevalence of predatory leasing agreements in the motor carrier industry2 7#d7 specific agreements available to drayage drivers at ports related to the ,clean ,truck ,program or similar programs to decrease emissions from port operations2 7#e7 the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers1 including port drayage drivers2 7#f7 resources to assist commercial motor vehicle drivers in assessing the impacts of leasing agreements2 and 7#g7 the classification of commercial motor vehicle drivers under lease-purchase agreements4 7d7 ,compensation ,a member of the ,task ,force shall serve without compensation4 7e7 ,report ,upon completion of the examination described in subsection 7c71 the ,task ,force shall submit to the ,secretary of ,transportation1 ,secretary of ,labor1 and appropriate congressional committees a report containing the following3 7#a7 the findings of the ,task ,force on the matters described in subsection 7c72 7#b7 best practices related to-- 7,a7 assisting a commercial motor vehicle driver in assessing the impacts of leasing agreements prior to entering into such agreements2 and 7,b7 assisting a commercial motor vehicle driver who has entered into a predatory lease agreement2 and 7#c7 recommendations on changes to laws or regulations1 as applicable1 at the ,federal1 ,state1 or local level to promote fair leasing agreements under which a commercial motor vehicle driver is able to earn a living wage4 7f7 ,termination ,not later than #a month after the date of submission of the report pursuant to subsection 7e71 the ,task ,force shall terminate4 #dcjf4 ,hours of service 7a7 ,authority to issue regulations ,notwithstanding the authority of the ,secretary of ,transportation to issue regulations under section #caejb of title #di1 ,united ,states ,code1 the ,secretary shall delay the effective date of the final rule published on ,june #a1 #bjbj1 titled ,hours of ,service of ,drivers 7#he ,fed4 ,reg4 #cccif7 until #fj days after the date on which the ,secretary submits the report required under subsection 7c74 7b7 ,comprehensive review 7#a7 ,comprehensive review of hours of service rules ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall initiate a comprehensive review of hours of service rules and the impacts of waivers1 exemptions1 and other allowances that limit the applicability of such rules4 7#b7 ,list of exemptions ,in carrying out the comprehensive review required under paragraph 7#a71 the ,secretary shall-- 7,a7 compile a list of waivers1 exemptions1 and other allowances-- 7i7 under which a driver may operate in excess of the otherwise applicable limits on on-duty or driving time in absence of such exemption1 waiver1 or other allowance2 7ii7 under which a driver may operate without recording compliance with hours of service rules through the use of an electronic logging device2 and 7iii7 applicable-- 7,i7 to specific segments of the motor carrier industry or sectors of the economy2 7,,ii7 on a periodic or seasonal basis2 and 7,,iii7 to specific types of operations1 including the short haul exemption under part #cie of title #di1 ,code of ,federal ,regulations2 7,b7 specify whether each such waiver1 exemption1 or other allowance was granted by the ,department of ,transportation or enacted by ,congress1 and how long such waiver1 exemption1 or other allowance has been in effect2 and 7,c7 estimate the number of motor carriers1 motor private carriers1 and drivers that may qualify to use each waiver1 exemption1 or other allowance4 7#c7 ,safety impact analysis 7,a7 ,in general ,in carrying out the comprehensive review under paragraph 7#a71 the ,secretary1 in consultation with ,state motor carrier enforcement entities1 shall undertake a statistically valid analysis to determine the safety impact1 including on enforcement1 of the exemptions1 waivers1 or other allowances compiled under paragraph 7#b7 by-- 7i7 using available data1 or collecting from motor carriers or motor private carriers and drivers operating under an exemption1 waiver1 or other allowance if the ,secretary does not have sufficient data1 to determine the incidence of accidents1 fatigue-related incidents1 and other relevant safety information related to hours of service among motor carriers1 private motor carriers1 and drivers permitted to operate under each exemption1 waiver1 or other allowance2 7ii7 comparing the data described in subparagraph 7,a7 to safety data from motor carriers1 motor private carriers1 and drivers that are subject to the hours of service rules and not operating under an exemption1 waiver1 or other allowance2 and 7iii7 based on the comparison under subparagraph 7,b71 determining whether waivers1 exemptions1 and other allowances in effect provide an equivalent level of safety as would exist in the absence of exemptions1 waivers1 or other allowances4 7,b7 ,consultation ,the ,secretary shall consult with ,state motor carrier enforcement entities in carrying out this paragraph4 7,c7 ,exclusions ,the ,secretary shall exclude data related to exemptions1 waivers1 or other allowances made pursuant to an emergency declaration under section #cij4bc of title #di1 ,code of ,federal ,regulations1 or extended under section #cij4be of title #di1 ,code of ,federal ,regulations1 from the analysis required under this paragraph4 7#d7 ,driver impact analysis ,in carrying out the comprehensive review under paragraph 7#a71 the ,secretary shall further consider-- 7,a7 data on driver detention collected by the ,secretary pursuant to section #dcjd of this ,act and other conditions affecting the movement of goods by commercial motor vehicle1 and how such conditions interact with the ,secretary's regulations on hours of service2 7,b7 whether exemptions1 waivers1 or other allowances that permit additional on-duty time or driving time have a deleterious effect on the physical condition of drivers2 and 7,c7 whether differences in the manner in which drivers are compensated result in different levels of burden for drivers in complying with hours of service rules4 7c7 ,publication ,not later than #ah months after the date that the ,secretary initiates the comprehensive review under subsection 7b77#a71 the ,secretary shall publish the findings of such review in the ,federal ,register and provide for a period for public comment4 7d7 ,report to ,congress ,not later than #cj days after the conclusion of the public comment period under subsection 7c71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and make publicly available on a website of the ,department of ,transportation a report containing the information and analyses required under subsection 7b74 7e7 ,revision of guidance ,notwithstanding subsection 7a71 the ,secretary shall revise the ,department of ,transportation guidance published on ,june #g1 #bjah1 titled ,hours of ,service of ,drivers of ,commercial ,motor ,vehicles3 ,regulatory ,guidance ,concerning the ,use of a ,commercial ,motor ,vehicle for ,personal ,conveyance 7#hc ,fed4 ,reg4 #bfcgg7 to establish specific mileage or time limits1 or both1 for the use of personal conveyance4 7f7 ,definitions ,in this section3 7#a7 ,motor carrier2 motor private carrier ,the terms motor carrier and motor private carrier have the meanings given such terms in section #caeja of title #di1 ,united ,states ,code4 7#b7 ,on-duty time2 driving time2 electronic logging device ,the terms on-duty time1 driving time1 and electronic logging device have the meanings given such terms in section #cie4b of title #di1 ,code of ,federal ,regulations 7as in effect on ,june #a1 #bjbj74 #dcjg4 ,driver recruitment 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,inspector ,general of the ,department of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report examining the operation of commercial motor vehicles in the ,united ,states by drivers admitted to the ,united ,states under temporary business visas4 7b7 ,contents ,the report under paragraph 7#a7 shall include-- 7#a7 an assessment of-- 7,a7 the prevalence of the operation of commercial motor vehicles in the ,united ,states by drivers admitted to the ,united ,states under temporary business visas2 7,b7 the characteristics of motor carriers that recruit and use such drivers1 including the country of domicile of the motor carrier or subsidiary2 7,c7 the demographics of drivers operating in the ,united ,states under such visas1 including the country of domicile of such drivers2 and 7,d7 the contractual relationship between such motor carriers and such drivers2 7#b7 an analysis of whether such drivers are required to comply with-- 7,a7 motor carrier safety regulations under subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations1 including-- 7i7 the ,english proficiency requirement under section #cia4aa7b7 of title #di1 ,code of ,federal ,regulations2 7ii7 the requirement for drivers of a motor carrier to report any violations of a regulation to such motor carrier under section #cia4bg of title #di1 ,code of ,federal ,regulations2 and 7iii7 drivers licensing requirements under part #chc of title #di1 ,code of ,federal ,regulations1 including entry level driver training and drug and alcohol testing under part #chb of such title2 and 7,b7 regulations prohibiting point-to-point transportation in the ,united ,states1 or cabotage1 under part #cfe of title #di1 ,code of ,federal ,regulations2 7#c7 an evaluation of the safety record of the operations and drivers described in paragraph 7#a71 including-- 7,a7 violations of the motor carrier safety regulations under subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations1 including applicable requirements described in paragraph 7#b77;,a72 and 7,b7 the number of crashes involving such operations and drivers2 and 7#d7 the impact of such operations and drivers on-- 7,a7 commercial motor vehicle drivers domiciled in the ,united ,states1 including employment levels and driver compensation of such drivers2 and 7,b7 the competitiveness of motor carriers domiciled in the ,united ,states4 7c7 ,definitions ,in this section3 7#a7 ,commercial motor vehicle ,in this section1 the term commercial motor vehicle has the meaning given such term in section #caaja of title #di1 ,united ,states ,code4 7#b7 ,temporary business visa ,the term temporary business visa means any driver who is present in the ,united ,states with status under section #aja7;a77#ae77;,h77i77b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77i77b774 ,d ,commercial ,motor ,vehicle and ,school ,bus ,safety #ddja4 ,school bus safety standards 7a7 ,school bus seat belts 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a notice of proposed rulemaking to consider requiring large school buses to be equipped with safety belts for all seating positions1 if the ,secretary determines that such standards meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7#b7 ,considerations ,in issuing a notice of proposed rulemaking under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the safety benefits of a lap_/shoulder belt system 7also known as a ,type #b seat belt assembly72 7,b7 the recommendations of the ,national ,transportation ,safety ,board on seat belts in school buses2 and 7,c7 existing experience from ,states that require school buses to be equipped with seat belts1 including ,type #b seat belt assembly4 7#c7 ,report ,if the ,secretary determines that a standard described in paragraph 7#a7 does not meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that describes the reasons for not prescribing such a standard4 7#d7 ,application of regulations ,any regulation issued based on the notice of proposed rulemaking described in paragraph 7#a7 shall apply to school buses manufactured more than #c years after the date on which the regulation takes effect4 7b7 ,automatic emergency braking ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires all school buses manufactured after the effective date of such standard to be equipped with an automatic emergency braking system2 and 7#b7 as part of such standard1 establish performance requirements for automatic emergency braking systems1 including operation of such systems4 7c7 ,electronic stability control ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires all school buses manufactured after the effective date of such standard to be equipped with an electronic stability control system 7as such term is defined in section #ega4acf of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act772 and 7#b7 as part of such standard1 establish performance requirements for electronic stability control systems1 including operation of such systems4 7d7 ,fire prevention and mitigation 7#a7 ,research and testing ,the ,secretary shall conduct research and testing to determine the most prevalent causes of school bus fires and the best methods to prevent such fires and to mitigate the effect of such fires1 both inside and outside the school bus4 ,such research and testing shall consider-- 7,a7 fire suppression systems standards1 which at a minimum prevent engine fires2 7,b7 firewall standards to prevent gas or flames from entering into the passenger compartment in school buses with engines that extend beyond the firewall2 and 7,c7 interior flammability and smoke emissions characteristics standards4 7#b7 ,standards ,the ,secretary may issue fire prevention and mitigation standards for school buses1 based on the results of the ,secretary's research and testing under paragraph 7#a71 if the ,secretary determines that such standards meet the requirements and considerations set forth in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7e7 ,definitions ,in this section3 7#a7 ,automatic braking system ,the term automatic braking system means a crash avoidance system installed and operational in a vehicle that consists of-- 7,a7 a forward warning function-- 7i7 to detect vehicles and objects ahead of the vehicle2 and 7ii7 to alert the operator of an impending collision2 and 7,b7 a crash-imminent braking function to provide automatic braking when forward-looking sensors of the vehicle indicate that-- 7i7 a crash is imminent2 and 7ii7 the operator of the vehicle is not applying the brakes4 7#b7 ,school bus ,the term school bus has the meaning given the term schoolbus in section #cjabe7;a7 of title #di1 ,united ,states ,code4 7#c7 ,large school bus ,the term large school bus means a school bus with a gross vehicle weight rating of more than #aj1jjj pounds4 #ddjb4 ,illegal passing of school buses 7a7 ,review of illegal passing laws 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall-- 7,a7 prepare a compilation of illegal passing laws in all ,states1 including levels of enforcement and penalties and enforcement issues with such laws and the impact of such laws on illegal passing of school buses in each ,state2 7,b7 review existing ,state laws that may inhibit effective school bus loading zone countermeasures1 which may include laws requiring camera visibility of a driver's face for enforcement action1 laws that may reduce stop arm camera effectiveness1 the need for an officer to witness the event for enforcement1 and the lack of primary enforcement for texting and driving2 7,c7 evaluate methods used by ,states to review1 document1 and report to law enforcement school bus stop arm violations2 and 7,d7 following the completion of the compilation1 issue recommendations on best practices on the most-effective approaches to address illegal passing of school buses4 7#b7 ,publication ,the compilation and recommendations prepared under paragraph 7#a7 shall be made publicly available on the website of the ,department of ,transportation4 7b7 ,public safety messaging campaign 7#a7 ,in general ,not later than #a year after the date on which the ,secretary makes the compilation and recommendations under subsection 7a77#b7 publicly available1 the ,secretary shall create and execute a public safety messaging campaign for distribution to ,states1 divisions of motor vehicles1 schools1 and other public outlets to highlight the dangers of the illegal passing of school buses1 and should include educating students and the public on safe loading and unloading of school buses4 7#b7 ,consultation ,the ,secretary shall consult with public and private school bus industry representatives and ,states in developing the campaign materials4 7#c7 ,update ,the ,secretary shall periodically update such materials4 7c7 ,review of technologies 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall review and evaluate the effectiveness of various technologies to enhance school bus safety1 including cameras1 audible warning systems1 enhanced lighting1 and other technological solutions4 7#b7 ,content ,the review under paragraph 7#a7-- 7,a7 shall include an evaluation of the costs of new equipment and the potential impact on overall school bus ridership2 7,b7 shall include an evaluation of advanced technologies surrounding loading zone safety2 7,c7 shall include an evaluation of motion-activated detection systems that are capable of-- 7i7 detecting pedestrians1 bicyclists1 and other road users located near the exterior of the school bus2 and 7ii7 alerting the operator of the school bus of the road users described in clause 7i72 7,d7 shall include an evaluation of school bus lighting systems1 to ensure clear communication to surrounding drivers on their appropriate action2 and 7,e7 may include other technological solutions that enhance school bus safety4 7#c7 ,consultation ,the ,secretary shall consult with manufacturers of school bus vehicles1 manufacturers of various technologies1 and school bus industry representatives in conducting the review under paragraph 7#a74 7#d7 ,publication ,the ,secretary shall make the findings of the review under paragraph 7#a7 publicly available on the website of the ,department4 7d7 ,review of driver education materials 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 review driver education materials across all ,states to determine whether and how illegal passing of school buses is addressed in driver education materials1 manuals1 non-commercial driver's license testing1 and road tests2 and 7,b7 make recommendations on how ,states can improve education about illegal passing of school buses1 particularly with new drivers4 7#b7 ,consultation ,the ,secretary shall consult with school bus industry representatives1 ,states1 motor vehicle administrators1 and other appropriate motor vehicle experts in the preparation of the review under paragraph 7#a74 7#c7 ,publication ,the ,secretary shall make the findings of the review under paragraph 7#a7 publicly available on the website of the ,department4 7e7 ,review of other safety issues 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 research the connections between illegal passing of school buses and other safety issues1 including distracted driving1 morning darkness1 illumination and reach of vehicle headlights1 speed limits1 and school bus stop locations in rural areas2 and 7,b7 create a report containing the findings4 7#b7 ,publication ,the ,secretary shall make the report created under paragraph 7#a77;,b7 publicly available on the website of the ,department4 #ddjc4 ,state inspection of passenger-carrying commercial motor vehicles 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue a final rule based on the advance notice of proposed rulemaking published on ,april #bg1 #bjaf1 titled ,state ,inspection ,programs for ,passenger-,carrier ,vehicles 7#ha ,fed4 ,reg4 #bdgfi74 7b7 ,considerations ,in issuing a final rule under subsection 7a71 the ,secretary shall consider the impact of continuing to allow self-inspection as a means to satisfy periodic inspection requirements on the safety of passenger carrier operations4 #ddjd4 ,automatic emergency braking 7a7 ,federal motor vehicle safety standard 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall-- 7,a7 prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires all commercial motor vehicles manufactured after the effective date of such standard to be equipped with an automatic emergency braking system2 and 7,b7 as part of such standard1 establish performance requirements for automatic emergency braking systems1 including operation of such systems4 7#b7 ,considerations ,prior to prescribing the standard required under paragraph 7#a77;,a71 the ,secretary shall-- 7,a7 conduct a review of automatic emergency braking systems in use in commercial motor vehicles and address any identified deficiencies with such systems in the rulemaking proceeding to prescribe the standard1 if practicable2 7,b7 assess the feasibility of updating the software of emergency braking systems in use in commercial motor vehicles to address any deficiencies and to enable such systems to meet the new standard2 and 7,c7 consult with representatives of commercial motor vehicle drivers regarding the experiences of drivers with automatic emergency braking systems in use in commercial motor vehicles1 including malfunctions or unwarranted activations of such systems4 7#c7 ,compliance date ,the ,secretary shall ensure that the compliance date of the standard prescribed pursuant to paragraph 7#a7 shall be not later than #b years after the date of publication of the final rule prescribing such standard4 7b7 ,federal motor carrier safety regulation ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a regulation under section #caacf of title #di1 ,united ,states ,code1 that requires that an automatic emergency braking system installed in a commercial motor vehicle in operation on or after the effective date of the standard prescribed under subsection 7a7 to be used at any time during which such commercial motor vehicle is in operation4 7c7 ,definitions ,in this section3 7#a7 ,automatic emergency braking system ,the term automatic emergency braking system means a crash avoidance system installed and operational in a vehicle that consists of-- 7,a7 a forward collision warning function-- 7i7 to detect vehicles and objects ahead of the vehicle2 and 7ii7 to alert the operator of the vehicle of an impending collision2 and 7,b7 a crash-imminent braking function to provide automatic braking when forward-looking sensors of the vehicle indicate that-- 7i7 a crash is imminent2 and 7ii7 the operator of the vehicle is not applying the brakes4 7#b7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given such term in section #caaja of title #di1 ,united ,states ,code4 #ddje4 ,underride protection 7a7 ,rear underride guards 7#a7 ,rear guards on trailers and semi-trailers 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to revise motor vehicle safety standards under sections #ega4bbc and #ega4bbd of title #di1 ,code of ,federal ,regulations1 to require trailers and semi-trailers manufactured after the date on which such regulation is issued to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semi-trailer when a passenger vehicle traveling at #ce miles per hour makes-- 7i7 an impact in which the passenger vehicle impacts the center of the rear of the trailer or semi-trailer2 7ii7 an impact in which #ej percent the width of the passenger vehicle overlaps the rear of the trailer or semi-trailer2 and 7iii7 an impact in which #cj percent of the width of the passenger vehicle overlaps the rear of the trailer or semi-trailer4 7,b7 ,effective date ,the rule issued under subparagraph 7,a7 shall require full compliance with the motor carrier safety standard prescribed in such rule not later than #b years after the date on which a final rule is issued4 7#b7 ,additional research ,the ,secretary shall conduct additional research on the design and development of rear impact guards that can prevent underride crashes and protect motor vehicle passengers against severe injury at crash speeds of up to #fe miles per hour4 7#c7 ,review of ,standards ,not later than #e years after any revisions to standards or requirements related to rear impact guards pursuant to paragraph 7#a71 the ,secretary shall review the standards or requirements to evaluate the need for changes in response to advancements in technology and upgrade such standards accordingly4 7#d7 ,inspections 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue such regulations as are necessary to amend the regulations on minimum periodic inspection standards under appendix ,g to subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations1 and driver vehicle inspection reports under section #cif4aa of title #di1 ,code of ,federal ,regulations1 to include rear impact guards and rear end protection 7as required by section #cic4hf of title #di1 ,code of ,federal ,regulations74 7,b7 ,considerations ,in updating the regulations described in subparagraph 7,a71 the ,secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing or has a corroded or compromised element that affects the structural integrity and protective feature of such guard4 7b7 ,side underride guards 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 complete additional research on side underride guards to better understand the overall effectiveness of such guards2 7,b7 assess the feasibility1 benefits1 and costs associated with installing side underride guards on newly-manufactured trailers and semitrailers with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7,c7 if warranted1 develop performance standards for such guards4 7#b7 ,independent research ,if the ,secretary enters into a contract with a third party to perform the research required under paragraph 7#a77;,a71 the ,secretary shall ensure that such third party does not have any financial or contractual ties or relationship with a motor carrier that transports passengers or property for compensation1 the motor carrier industry1 or an entity producing or supplying underride guards4 7#c7 ,publication of assessment ,not later than #ij days after completing the assessment required under paragraph 7#a77;,b71 the ,secretary shall issue a notice in the ,federal ,register containing the findings of the assessment and provide an opportunity for public comment4 7#d7 ,report to ,congress ,after the conclusion of the public comment period under paragraph 7#c71 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that provides-- 7,a7 the results of the assessment under this subsection2 7,b7 a summary of the public comments received by the ,secretary under paragraph 7#c72 and 7,c7 a determination as to whether the ,secretary intends to develop performance requirements for side underride guards1 including any analysis that led to such determination4 7c7 ,advisory committee on underride protection 7#a7 ,establishment ,the ,secretary of ,transportation shall establish an ,advisory ,committee on ,underride ,protection 7in this subsection referred to as the ,committee7 to provide advice and recommendations to the ,secretary on safety regulations to reduce crashes and fatalities involving truck underrides4 7#b7 ,representation 7,a7 ,in general ,the ,committee shall be composed of not more than #bj members appointed by the ,secretary who are not employees of the ,department of ,transportation and who are qualified to serve because of their expertise1 training1 or experience4 7,b7 ,membership ,members shall include #b representatives of each of the following3 7i7 ,truck and trailer manufacturers4 7ii7 ,motor carriers1 including independent owner-operators4 7iii7 ,law enforcement4 7iv7 ,motor vehicle engineers4 7v7 ,motor vehicle crash investigators4 7vi7 ,truck safety organizations4 7vii7 ,the insurance industry4 7viii7 ,emergency medical service providers4 7ix7 ,families of underride crash victims4 7x7 ,labor organizations4 7#c7 ,compensation ,members of the ,committee shall serve without compensation4 7#d7 ,meetings ,the ,committee shall meet at least annually4 7#e7 ,support ,on request of the ,committee1 the ,secretary shall provide information1 administrative services1 and supplies necessary for the ,committee to carry out the duties described in paragraph 7#a74 7#f7 ,report ,the ,committee shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a biennial report that shall-- 7,a7 describe the advice and recommendations made to the ,secretary2 and 7,b7 include an assessment of progress made by the ,secretary in advancing safety regulations4 7d7 ,data collection ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall implement recommendations #a and #b described in the report by the ,government ,accountability ,office published on ,march #ad1 #bjai1 titled ,truck ,underride ,guards3 ,improved ,data ,collection1 ,inspections1 and ,research ,needed 7,,gao-#ai-bfd74 #ddjf4 ,transportation of horses ,section #hjejb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c71 by striking ,this section does not and inserting ,subsections 7a7 and 7b7 shall not2 7#b7 by redesignating subsection 7d7 as subsection 7e72 7#c7 by inserting after subsection 7c7 the following3 7d7 ,transportation of horses 7#a7 ,prohibition ,no person may transport1 or cause to be transported1 a horse from a place in a ,state1 the ,district of ,columbia1 or a territory or possession of the ,united ,states through or to a place in another ,state1 the ,district of ,columbia1 or a territory or possession of the ,united ,states in a motor vehicle containing #b or more levels stacked on top of each other4 7#b7 ,motor vehicle defined ,in this subsection1 the term motor vehicle-- 7,a7 means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways2 and 7,b7 does not include a vehicle operated exclusively on a rail or rails4 2 and 7#d7 in subsection 7e71 as redesignated-- 7,a7 by striking ,a rail carrier and inserting the following3 7#a7 ,in general ,a rail carrier 2 7,b7 by striking this section and inserting subsection 7a7 or 7b72 and 7,c7 by striking ,on learning and inserting the following3 7#b7 ,transportation of horses in multilevel trailer 7,a7 ,civil penalty ,a person that knowingly violates subsection 7d7 is liable to the ,united ,states ,government for a civil penalty of at least #ajj1 but not more than #ejj1 for each violation4 ,a separate violation of subsection 7d7 occurs for each horse that is transported1 or caused to be transported1 in violation of subsection 7d74 7,b7 ,relationship to other laws ,the penalty imposed under subparagraph 7,a7 shall be in addition to any penalty or remedy available under any other law4 7#c7 ,civil action ,on learning 4 ,v ,innovation #ejja4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway research and development program ,to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 #add1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#b7 ,technology and innovation deployment program ,to carry out section #ejc7;c7 of title #bc1 ,united ,states ,code1 #aeb1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#c7 ,training and education ,to carry out section #ejd of title #bc1 ,united ,states ,code1 #bf1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#d7 ,intelligent transportation systems program ,to carry out sections #eab through #eah of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#e7 ,university transportation centers program ,to carry out section #eeje of title #di1 ,united ,states ,code1 #if1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#f7 ,bureau of ,transportation ,statistics ,to carry out chapter #fc of title #di1 ,united ,states ,code1 #bg1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7b7 ,additional programs ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,safe1 efficient mobility through advanced technologies ,to carry out section #ejc7;c77#d7 of title #bc1 ,united ,states ,code1 #gj1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;c7 of such title4 7#b7 ,materials to reduce greenhouse gas emissions program ,to carry out section #ejc7;d7 of title #bc1 ,united ,states ,code1 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;c7 of such title4 7#c7 ,national highly automated vehicle and mobility innovation clearinghouse ,to carry out section #eejg of title #di1 ,united ,states ,code1 #b1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out sections #eab through #eah of title #bc1 ,united ,states ,code4 7#d7 ,national cooperative multimodal freight transportation research program ,to carry out section #gjbje of title #di1 ,united ,states ,code1 #d1jjj1jjj for each of fiscal years #bjbb through #bjbe4 7#e7 ,state surface transportation system funding pilots ,to carry out section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note71 #ce1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code4 7#f7 ,national surface transportation system funding pilot ,to carry out section #edjb of this title1 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbe from funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code4 7c7 ,administration ,the ,federal ,highway ,administration shall-- 7#a7 administer the programs described in paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 and paragraph 7#a7 of subsection 7b72 and 7#b7 in consultation with relevant modal administrations1 administer the programs described in subsections 7a77#d7 and 7b77#b74 7d7 ,treatment of funds ,funds authorized to be appropriated by subsections 7a7 and 7b7 shall-- 7#a7 be available for obligation in the same manner as if those funds were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that the ,federal share of the cost of a project or activity carried out using those funds shall be #hj percent1 unless otherwise expressly provided by this title 7including the amendments by this title7 or otherwise determined by the ,secretary2 and 7#b7 remain available until expended and not be transferable1 except as otherwise provided in this title4 ,a ,research and ,development #eaja4 ,highway research and development program 7a7 ,in general ,section #ejc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7 by striking section #ejh and inserting section #fejc of title #di2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7ii7 by striking 2 and and inserting a semicolon2 7,,ii7 in clause 7iii7 by striking the period and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7iv7 to reduce greenhouse gas emissions and limit the effects of climate change4 2 and 7ii7 by striking subparagraphs 7,d7 and 7,e72 7,b7 in paragraph 7#d77;,a7-- 7i7 in clause 7ii7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7iii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iv7 to reduce greenhouse gas emissions and limit the effects of climate change4 2 7,c7 in paragraph 7#e77;,a7-- 7i7 in clause 7iv7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7v7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7vi7 reducing greenhouse gas emissions and limiting the effects of climate change4 2 7,d7 in paragraph 7#h77;,a7 by inserting 1 ferry1 after highway each place it appears2 and 7,e7 by adding at the end the following3 7#i7 ,analysis tools ,the ,secretary may develop interactive modeling tools and databases that-- 7,a7 track the condition of highway assets1 including interchanges1 and the reconstruction history of such assets2 7,b7 can be used to assess transportation options2 7,c7 allow for the monitoring and modeling of network-level traffic flows on highways2 and 7,d7 further ,federal and ,state understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes4 7#aj7 ,performance management data support program 7,a7 ,performance management data support ,the ,administrator of the ,federal ,highway ,administration shall develop1 use1 and maintain data sets and data analysis tools to assist metropolitan planning organizations1 ,states1 and the ,federal ,highway ,administration in carrying out performance management analyses 7including the performance management requirements under section #aej74 7,b7 ,inclusions ,the data analysis activities authorized under subparagraph 7,a7 may include-- 7i7 collecting and distributing vehicle probe data describing traffic on ,federal-aid highways2 7ii7 collecting household travel behavior data to assess local and cross-jurisdictional travel1 including to accommodate external and through travel2 7iii7 enhancing existing data collection and analysis tools to accommodate performance measures1 targets1 and related data1 so as to better understand trip origin and destination1 trip time1 and mode2 7iv7 enhancing existing data analysis tools to improve performance predictions and travel models in reports described in section #aej7;e72 7v7 developing tools-- 7,i7 to improve performance analysis2 and 7,,ii7 to evaluate the effects of project investments on performance2 7vi7 assisting in the development or procurement of the transportation system access data under section #adjc7;g7 of the ,,invest in ,america ,act2 and 7vii7 developing tools and acquiring data described under paragraph 7#i74 7,c7 ,funding ,the ,administrator of the ,federal ,highway ,administration may use up to #ae1jjj1jjj for each of fiscal years #bjbb through #bjbe to carry out this paragraph4 4 7b7 ,repeal ,section #fjbh of the ,,fast ,act 7#bc ,u4,s4,c4 #aej note71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 #eajb4 ,materials to reduce greenhouse gas emissions program ,section #ejc of title #bc1 ,united ,states ,code1 as amended by section #eaja1 is further amended by adding at the end the following3 7d7 ,materials to reduce greenhouse gas emissions program 7#a7 ,in general ,not later than #f months after the date of enactment of this subsection1 the ,secretary shall establish and implement a program under which the ,secretary shall award grants to eligible entities to research and support the development of materials that will reduce or sequester the amount of greenhouse gas emissions generated during the production of highway materials and the construction of highways4 7#b7 ,activities ,the ,secretary shall ensure that the program1 at a minimum-- 7,a7 carries out research to determine the materials proven to most effectively reduce or sequester greenhouse gas emissions2 7,b7 evaluates and improves the ability of materials to most effectively reduce or sequester greenhouse gas emissions2 and 7,c7 supports the development and deployment of materials that will reduce or sequester greenhouse gas emissions4 7#c7 ,competitive selection process 7,a7 ,applications ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit to the ,secretary an application in such form and containing such information as the ,secretary may require4 7,b7 ,consideration ,in making grants under this subsection1 the ,secretary shall consider the degree to which applicants presently carry out research on materials that reduce or sequester greenhouse gas emissions4 7,c7 ,selection criteria ,the ,secretary may make grants under this subsection to any eligible entity based on the demonstrated ability of the applicant to fulfill the activities described in paragraph 7#b74 7,d7 ,transparency 7i7 ,in general ,the ,secretary shall provide to each eligible entity submitting an application under this subsection1 upon request1 any materials1 including copies of reviews 7with any information that would identify a reviewer redacted71 used in the evaluation process of the application of such entity4 7ii7 ,reports ,the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing the overall review process for a grant under this subsection1 including-- 7,i7 specific criteria of evaluation used in the review2 7,,ii7 descriptions of the review process2 and 7,,iii7 explanations of the grants awarded4 7#d7 ,grants 7,a7 ,restrictions 7i7 ,in general ,for each fiscal year1 a grant made available under this subsection shall be not greater than #d1jjj1jjj and not less than #b1jjj1jjj per recipient4 7ii7 ,limitation ,an eligible entity may only receive #a grant in a fiscal year under this subsection4 7,b7 ,matching requirements 7i7 ,in general ,as a condition of receiving a grant under this subsection1 a grant recipient shall match #ej percent of the amounts made available under the grant4 7ii7 ,sources ,the matching amounts referred to in clause 7i7 may include amounts made available to the recipient under-- 7,i7 section #ejd7;b72 or 7,,ii7 section #eje4 7#e7 ,program coordination 7,a7 ,in general ,the ,secretary shall-- 7i7 coordinate the research1 education1 and technology transfer activities carried out by grant recipients under this subsection2 7ii7 disseminate the results of that research through the establishment and operation of a publicly accessible online information clearinghouse2 and 7iii7 to the extent practicable1 support the deployment and commercial adoption of effective materials researched or developed under this subsection to relevant stakeholders4 7,b7 ,annual review and evaluation ,not later than #b years after the date of enactment of this subsection1 and not less frequently than annually thereafter1 the ,secretary shall1 consistent with the activities in paragraph 7#c7-- 7i7 review and evaluate the programs carried out under this subsection by grant recipients1 describing the effectiveness of the program in identifying materials that reduce or sequester greenhouse gas emissions2 7ii7 submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report describing such review and evaluation2 and 7iii7 make the report in clause 7ii7 available to the public on a website4 7#f7 ,limitation on availability of amounts ,amounts made available to carry out this subsection shall remain available for obligation by the ,secretary for a period of #c years after the last day of the fiscal year for which the amounts are authorized4 7#g7 ,information collection ,any survey1 questionnaire1 or interview that the ,secretary determines to be necessary to carry out reporting requirements relating to any program assessment or evaluation activity under this subsection1 including customer satisfaction assessments1 shall not be subject to chapter #ce of title #dd4 7#h7 ,definition of eligible entity ,in this subsection1 the term eligible entity means a nonprofit institution of higher education1 as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 4 #eajc4 ,transportation research and development #e-year strategic plan ,section #fejc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking ,the ,secretary and inserting ,for the period of fiscal years #bjag through #bjba1 and for each #e-year period thereafter1 the ,secretary2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,d7 by inserting and the existing transportation system after infrastructure2 7,b7 in subparagraph 7,e7 by striking 2 and and inserting a semicolon2 7,c7 by amending subparagraph 7,f7 to read as follows3 7,f7 reducing greenhouse gas emissions2 and 2 and 7,d7 by adding at the end the following3 7,g7 developing and maintaining a diverse workforce in transportation sectors2 2 and 7#c7 in subsection 7d7 by striking not later than ,december #ca1 #bjaf1 and inserting not later than ,december #ca1 #bjba14 #eajd4 ,university transportation centers program ,section #eeje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#d7-- 7,a7 in subparagraph 7,a7 by striking research priorities identified in chapter #fe4 and inserting the following3 following research priorities3 7i7 ,improving the mobility of people and goods4 7ii7 ,reducing congestion4 7iii7 ,promoting safety4 7iv7 ,improving the durability and extending the life of transportation infrastructure and the existing transportation system4 7v7 ,preserving the environment4 7vi7 ,reducing greenhouse gas emissions4 2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking ,technology and and inserting ,technology12 and 7ii7 by inserting 1 the ,associate ,administrator for ,research1 ,demonstration1 and ,innovation and ,administrator of the ,federal ,transit ,administration1 after ,federal ,highway ,administration2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,not later than #a year after the date of enactment of this section1 and inserting the following3 7,a7 ,selection of grants ,not later than #a year after the date of enactment of the ,,invest in ,america ,act1 2 and 7ii7 by adding at the end the following3 7,b7 ,limitations ,a grant under this subsection may not include a cooperative agreement described in section #fcje of title #ca4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7 by striking #e consortia and inserting #f consortia2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7 by striking not greater than #d1jjj1jjj and not less than #b1jjj1jjj and inserting not greater than #d1bej1jjj and not less than #b1bej1jjj2 and 7,,ii7 in clause 7ii7 by striking section #fejc7;e7 and inserting subsection 7b77#d77;,a72 7iii7 in subparagraph 7,c7 by striking #ajj percent and inserting #ej percent2 and 7iv7 by adding at the end the following3 7,d7 ,requirement ,in awarding grants under this section1 the ,secretary shall award #a grant to a national consortia for each focus area described in subsection 7b77#d77;,a74 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,c7 by striking not greater than #c1jjj1jjj and not less than #a1ejj1jjj and inserting not greater than #c1bej1jjj and not less than #a1gej1jjj2 7ii7 in subparagraph 7,d77i7 by striking #ajj percent and inserting #ej percent2 and 7iii7 by striking subparagraph 7,e72 and 7,d7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7 by striking greater than #b1jjj1jjj and not less than #a1jjj1jjj and inserting greater than #b1bej1jjj and not less than #a1bej1jjj2 and 7ii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,requirements ,in awarding grants under this paragraph1 the ,secretary shall-- 7i7 consider consortia that include institutions that have demonstrated an ability in transportation-related research2 and 7ii7 award not less than #b grants under this section to minority institutions1 as such term is defined in section #cfe of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgk74 7,d7 ,focused research 7i7 ,in general ,in awarding grants under this section1 the ,secretary shall select not less than #a grant recipient with each of the following focus areas3 7,i7 ,transit4 7,,ii7 ,connected and automated vehicle technology4 7,,iii7 ,non-motorized transportation1 including bicycle and pedestrian safety4 7,,iv7 ,developing metropolitan planning practices to meet the considerations described in section #acd7;c77#d7 of title #bc and section #ecjc7;c77#d74 7,v7 ,the surface transportation workforce1 including current and future workforce needs and challenges2 and 7,,vi7 ,climate change mitigation1 including-- 7aa7 researching the types of transportation projects that are expected to provide the most significant greenhouse gas emissions reductions from the surface transportation sector2 and 7bb7 researching the types of transportation projects that are not expected to provide significant greenhouse gas emissions reductions from the surface transportation sector4 7ii7 ,additional grants ,in awarding grants under this section and after awarding grants pursuant to clause 7i71 the ,secretary may award any remaining grants to any grant recipient based on the criteria described in subsection 7b77#d77;,a74 7,e7 ,considerations for selected institutions 7i7 ,in general ,tier #a transportation centers awarded a grant under this paragraph with a focus area described in subparagraph 7,d77i77,,iv7 shall consider the following areas for research3 7,i7 strategies to address climate change mitigation and impacts described in section #acd7;i77#b77;,i77ii7 of title #bc and the incorporation of such strategies into long range transportation plan2 and 7,,ii7 preparation of a vulnerability assessment described in section #acd7;i77#b77;,i77iii7 of title #bc4 7ii7 ,activities ,a tier #a transportation center receiving a grant under this section with a focus area described in subparagraph 7,d77i77,,iv7 may-- 7,i7 establish best practices2 7,,ii7 develop modeling tools2 and 7,,iii7 carry out other activities and develop technology that addresses the planning considerations described in clause 7i74 7iii7 ,limitation ,research under this paragraph shall focus on metropolitan planning organizations that represent urbanized areas with populations of #bjj1jjj or fewer4 2 7#c7 in subsection 7d77#c7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbe2 7#d7 by redesignating subsection 7f7 as subsection 7g72 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,surplus amounts 7#a7 ,in general ,amounts made available to the ,secretary to carry out this section that remain unobligated after awarding grants under subsection 7c7 shall be made available under the unsolicited research initiative under section #eejf4 7#b7 ,limitation on amounts ,amounts under paragraph 7#a7 shall not exceed #b1jjj1jjj for any given fiscal year4 4 #eaje4 ,unsolicited research initiative 7a7 ,in general ,chapter #ee of title #di1 ,united ,states ,code1 is amended by inserting after section #eeje the following new section3 #eejf4 ,unsolicited research initiative 7a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall establish a program under which an eligible entity may at any time submit unsolicited research proposals for funding under this section4 7b7 ,criteria ,a research proposal submitted under subsection 7a7 shall meet the purposes of the ,secretary's #e-year transportation research and development strategic plan described in section #fejc7;c77#a74 7c7 ,project review ,not later than #ij days after an eligible entity submits a proposal under subsection 7a71 the ,secretary shall-- 7#a7 review the research proposal submitted under subsection 7a72 7#b7 evaluate such research proposal relative to the criteria described in subsection 7b72 7#c7 provide to such eligible entity a written notice that-- 7,a7 if the research proposal is not selected for funding under this section-- 7i7 notifies the eligible entity that the research proposal has not been selected for funding2 7ii7 provides an explanation as to why the research proposal was not selected1 including if the research proposal does not cover an area of need2 and 7iii7 if applicable1 recommend that the research proposal be submitted to another research program2 and 7,b7 if the research proposal is selected for funding under this section1 notifies the eligible entity that the research proposal has been selected for funding2 and 7#d7 fund the proposals described in paragraph 7#c77;,b74 7d7 ,report ,not later than #ah months after the date of enactment of this section1 and annually thereafter1 the ,secretary shall make available to the public on a public website1 a report on the progress and findings of the program established under subsection 7a74 7e7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of an activity carried out under this section may not exceed #ej percent4 7#b7 ,non-,federal share ,all costs directly incurred by the non-,federal partners1 including personnel1 travel1 facility1 and hardware development costs1 shall be credited toward the non-,federal share of the cost of an activity carried out under this section4 7f7 ,funding 7#a7 ,in general ,of the funds made available to carry out the university transportation centers program under section #eeje1 #b1jjj1jjj shall be available for each of fiscal years #bjbb through #bjbe to carry out this section4 7#b7 ,funding flexibility 7,a7 ,in general ,for fiscal years #bjbb through #bjbe1 funds made available under paragraph 7#a7 shall remain available until expended4 7,b7 ,uncommitted funds ,if the ,secretary determines1 at the end of a fiscal year1 funds under paragraph 7#a7 remain unexpended as a result of a lack of meritorious projects under this section1 the ,secretary may1 for the following fiscal year1 make remaining funds available under either this section or under section #eeje4 7g7 ,eligible entity defined ,in this section1 the term eligible entity means 7#a7 a ,state2 7#b7 a unit of local government2 7#c7 a transit agency2 7#d7 any nonprofit institution of higher education1 including a university transportation center under section #eeje2 and 7#e7 a nonprofit organization4 4 7b7 ,clerical amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #eeje the following new item3 #eejf4 ,unsolicited research initiative4 4 #eajf4 ,national cooperative multimodal freight transportation research program 7a7 ,in general ,chapter #gjb of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #gjbje4 ,national cooperative multimodal freight transportation research program 7a7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,secretary shall establish and support a national cooperative multimodal freight transportation research program4 7b7 ,agreement ,not later than #f months after the date of enactment of this section1 the ,secretary shall seek to enter into an agreement with the ,national ,academy of ,sciences to support and carry out administrative and management activities relating to the governance of the national cooperative multimodal freight transportation research program4 7c7 ,advisory committee ,in carrying out the agreement described in subsection 7b71 the ,national ,academy of ,sciences shall select a multimodal freight transportation research advisory committee consisting of multimodal freight stakeholders1 including1 at a minimum-- 7#a7 a representative of the ,department of ,transportation2 7#b7 representatives of any other ,federal agencies relevant in supporting the nation's multimodal freight transportation research needs2 7#c7 a representative of a ,state department of transportation2 7#d7 a representative of a local government 7other than a metropolitan planning organization72 7#e7 a representative of a metropolitan planning organization2 7#f7 a representative of the trucking industry2 7#g7 a representative of the railroad industry2 7#h7 a representative of the port industry2 7#i7 a representative of logistics industry2 7#aj7 a representative of shipping industry2 7#aa7 a representative of a safety advocacy group with expertise in freight transportation2 7#ab7 an academic expert on multimodal freight transportation2 7#ac7 an academic expert on the contributions of freight movement to greenhouse gas emissions2 and 7#ad7 representatives of labor organizations4 7d7 ,elements ,the national cooperative multimodal freight transportation research program established under this section shall include the following elements3 7#a7 ,national research agenda ,the advisory committee under subsection 7c71 in consultation with interested parties1 shall recommend a national research agenda for the program established in this section4 7#b7 ,involvement ,interested parties may-- 7,a7 submit research proposals to the advisory committee2 7,b7 participate in merit reviews of research proposals and peer reviews of research products2 and 7,c7 receive research results4 7#c7 ,open competition and peer review of research proposals ,the ,national ,academy of ,sciences may award research contracts and grants under the program through open competition and merit review conducted on a regular basis4 7#d7 ,evaluation of research 7,a7 ,peer review ,research contracts and grants under the program may allow peer review of the research results4 7,b7 ,programmatic evaluations ,the ,national ,academy of ,sciences shall conduct periodic programmatic evaluations on a regular basis of research contracts and grants4 7#e7 ,dissemination of research findings 7,a7 ,in general ,the ,national ,academy of ,sciences shall disseminate research findings to researchers1 practitioners1 and decisionmakers1 through conferences and seminars1 field demonstrations1 workshops1 training programs1 presentations1 testimony to government officials1 a public website for the ,national ,academy of ,sciences1 publications for the general public1 and other appropriate means4 7,b7 ,report ,not more than #ah months after the date of enactment of this section1 and annually thereafter1 the ,secretary shall make available on a public website a report that describes the ongoing research and findings of the program4 7e7 ,contents ,the national research agenda under subsection 7d77#a7 shall include-- 7#a7 techniques and tools for estimating and identifying both quantitative and qualitative public benefits derived from multimodal freight transportation projects1 including-- 7,a7 greenhouse gas emissions reduction2 7,b7 congestion reduction2 and 7,c7 safety benefits2 7#b7 the impact of freight delivery vehicles1 including trucks1 railcars1 and non-motorized vehicles1 on congestion in urban and rural areas2 7#c7 the impact of both centralized and disparate origins and destinations on freight movement2 7#d7 the impacts of increasing freight volumes on transportation planning1 including-- 7,a7 first-mile and last-mile challenges to multimodal freight movement2 7,b7 multimodal freight travel in both urban and rural areas2 and 7,c7 commercial motor vehicle parking and rest areas2 7#e7 the effects of ,internet commerce and accelerated delivery speeds on freight movement and increased commercial motor vehicle volume1 including impacts on-- 7,a7 safety on public roads2 7,b7 congestion in both urban and rural areas2 7,c7 first-mile and last-mile challenges and opportunities2 7,d7 the environmental impact of freight transportation1 including on air quality and on greenhouse gas emissions2 and 7,e7 vehicle miles-traveled by freight-delivering vehicles2 7#f7 the impacts of technological advancements in freight movement1 including impacts on-- 7,a7 congestion in both urban and rural areas2 7,b7 first-mile and last-mile challenges and opportunities2 and 7,c7 vehicle miles-traveled2 7#g7 methods and best practices for aligning multimodal infrastructure improvements with multimodal freight transportation demand1 including improvements to the ,national ,multimodal ,freight ,network under section #gjajc2 and 7#h7 other research areas to identify and address current1 emerging1 and future needs related to multimodal freight transportation4 7f7 ,funding 7#a7 ,federal share ,the ,federal share of the cost of an activity carried out under this section shall be #ajj percent4 7#b7 ,period of availability ,amounts made available to carry out this section shall remain available until expended4 7g7 ,definition of greenhouse gas ,in this section1 the term greenhouse gas has the meaning given such term in section #baa7o77#a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gede7o77#a774 4 7b7 ,clerical amendment ,the analysis for chapter #gjb of title #di1 ,united ,states ,code1 is amended by adding at the end the following new item3 #gjbje4 ,national cooperative multimodal freight transportation research program4 4 #eajg4 ,wildlife-vehicle collision reduction and habitat connectivity improvement 7a7 ,study 7#a7 ,in general ,the ,secretary of ,transportation shall conduct a study examining methods to reduce collisions between motorists and wildlife 7referred to in this section as wildlife-vehicle collisions74 7#b7 ,contents 7,a7 ,areas of study ,the study required under paragraph 7#a7 shall-- 7i7 update and expand on1 as appropriate-- 7,i7 the report titled ,wildlife ,vehicle ,collision ,reduction ,study3 #bjjh ,report to ,congress3 and 7,,ii7 the document titled ,wildlife ,vehicle ,collision ,reduction ,study3 ,best ,practices ,manual and dated ,october #bjjh2 and 7ii7 include-- 7,i7 an assessment1 as of the date of the study1 of-- 7aa7 the causes of wildlife-vehicle collisions2 7bb7 the impact of wildlife-vehicle collisions on motorists and wildlife2 and 7cc7 the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species2 and 7,,ii7 solutions and best practices for-- 7aa7 reducing wildlife-vehicle collisions2 and 7bb7 improving habitat connectivity for terrestrial and aquatic species4 7,b7 ,methods ,in carrying out the study required under paragraph 7#a71 the ,secretary shall-- 7i7 conduct a thorough review of research and data relating to-- 7,i7 wildlife-vehicle collisions2 and 7,,ii7 habitat fragmentation that results from transportation infrastructure2 7ii7 survey current practices of the ,department of ,transportation and ,state departments of transportation to reduce wildlife-vehicle collisions2 and 7iii7 consult with-- 7,i7 appropriate experts in the field of wildlife-vehicle collisions2 and 7,,ii7 appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species4 7#c7 ,report 7,a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on the results of the study required under paragraph 7#a74 7,b7 ,contents ,the report required under subparagraph 7,a7 shall include-- 7i7 a description of-- 7,i7 the causes of wildlife-vehicle collisions2 7,,ii7 the impacts of wildlife-vehicle collisions2 and 7,,iii7 the impacts of roads and traffic on-- 7aa7 species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7bb7 species identified by ,states as species of greatest conservation need2 7cc7 species identified in ,state wildlife plans2 and 7dd7 medium and small terrestrial and aquatic species2 7ii7 an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species1 including the effect on jobs1 property values1 and economic growth to society1 adjacent communities1 and landowners2 7iii7 recommendations for preventing wildlife-vehicle collisions1 including recommended best practices1 funding resources1 or other recommendations for addressing wildlife-vehicle collisions2 and 7iv7 guidance to develop1 for each ,state that agrees to participate1 a voluntary joint statewide transportation and wildlife action plan4 7,c7 ,purposes ,the purpose of the guidance described in subparagraph 7,b77iv7 shall be-- 7i7 to address wildlife-vehicle collisions2 and 7ii7 to improve habitat connectivity for terrestrial and aquatic species2 7,d7 ,consultation ,the ,secretary shall develop the guidance described under subparagraph 7,b77iv7 in consultation with-- 7i7 ,federal land management agencies2 7ii7 ,state departments of transportation2 7iii7 ,state fish and wildlife agencies2 and 7iv7 ,tribal governments4 7b7 ,standardization of wildlife collision and carcass data 7#a7 ,standardization methodology 7,a7 ,in general ,the ,secretary of ,transportation1 acting through the ,administrator of the ,federal ,highway ,administration1 shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the ,national ,highway ,system1 taking into consideration the practicability of the methodology with respect to technology and cost4 7,b7 ,methodology ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall-- 7i7 survey existing methodologies and sources of data collection1 including the ,fatality ,analysis ,reporting ,system1 the ,general ,estimates ,system of the ,national ,automotive ,sampling ,system1 and the ,highway ,safety ,information ,system2 and 7ii7 to the extent practicable1 identify and correct limitations of such existing methodologies and sources of data collection4 7,c7 ,consultation ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall consult with-- 7i7 the ,secretary of the ,interior2 7ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 7iii7 ,tribal1 ,state1 and local transportation and wildlife authorities2 7iv7 metropolitan planning organizations 7as such term is defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7v7 members of the ,american ,association of ,state ,highway and ,transportation ,officials2 7vi7 members of the ,association of ,fish and ,wildlife ,agencies2 7vii7 experts in the field of wildlife-vehicle collisions2 7viii7 nongovernmental organizations2 and 7ix7 other interested stakeholders1 as appropriate4 7#b7 ,standardized national data system with voluntary template implementation ,the ,secretary shall-- 7,a7 develop a template for ,state implementation of a standardized national wildlife collision and carcass data system for the ,national ,highway ,system that is based on the standardized methodology developed under paragraph 7#a72 and 7,b7 encourage the voluntary implementation of the template developed under subparagraph 7,a7 for ,states1 metropolitan planning organizations1 and additional relevant transportation stakeholders4 7#c7 ,reports 7,a7 ,methodology ,the ,secretary shall submit to ,congress a report describing the development of the standardized methodology required under paragraph 7#a7 not later than-- 7i7 the date that is #ah months after the date of enactment of this ,act2 and 7ii7 the date that is #ahj days after the date on which the ,secretary completes the development of such standardized methodology4 7,b7 ,implementation ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing-- 7i7 the status of the voluntary implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a72 7ii7 whether the implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a7 has impacted efforts by ,states1 units of local government1 and other entities-- 7,i7 to reduce the number of wildlife-vehicle collisions2 and 7,,ii7 to improve habitat connectivity2 7iii7 the degree of the impact described in clause 7ii72 and 7iv7 the recommendations of the ,secretary1 including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the ,national ,highway ,system1 if any4 7c7 ,national threshold guidance ,the ,secretary of ,transportation shall-- 7#a7 establish guidance1 to be carried out by ,states on a voluntary basis1 that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species1 taking into consideration-- 7,a7 the number of wildlife-vehicle collisions on the highway that pose a human safety risk2 7,b7 highway-related mortality and effects of traffic on the highway on-- 7i7 species listed as endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 species identified by a ,state as species of greatest conservation need2 7iii7 species identified in ,state wildlife plans2 and 7iv7 medium and small terrestrial and aquatic species2 and 7,c7 habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species4 #eajh4 ,research activities ,section #ccj7;g7 of title #di1 ,united ,states ,code1 is amended by striking each of fiscal years #bjaf through #bjbj and inserting each of fiscal years #bjbb through #bjbe4 ,b ,technology ,deployment #ebja4 ,technology and innovation deployment program ,section #ejc7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,d7 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,e7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,f7 reducing greenhouse gas emissions and limiting the effects of climate change4 2 and 7#b7 in paragraph 7#b77;,a7 by striking the period and inserting and findings from the materials to reduce greenhouse gas emissions program under subsection 7d744 #ebjb4 ,accelerated implementation and deployment of pavement technologies ,section #ejc7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in clause 7v7 by striking 2 and and inserting a semicolon2 7,b7 in clause 7vi7 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7vii7 the deployment of innovative pavement designs1 materials1 and practices that reduce or sequester the amount of greenhouse gas emissions generated during the production of highway materials and the construction of highways1 with consideration for findings from the materials to reduce greenhouse gas emissions program under subsection 7d74 2 7#b7 in subparagraph 7,c7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbe2 and 7#c7 in subparagraph 7,d77ii7-- 7,a7 in subclause 7,,iii7 by striking 2 and and inserting a semicolon2 7,b7 in subclause 7,,iv7 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,v7 pavement monitoring and data collection practices2 7,,vi7 pavement durability and resilience2 7,,vii7 stormwater management2 7,,viii7 impacts on vehicle efficiency2 7,,ix7 the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability2 7,x7 integration of renewable energy in pavement designs2 and 7,,xi7 greenhouse gas emissions reduction1 including findings from the materials to reduce greenhouse gas emissions program under subsection 7d74 4 #ebjc4 ,federal ,highway ,administration ,every ,day ,counts ,initiative 7a7 ,in general ,chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,every ,day ,counts initiative 7a7 ,in general ,it is in the national interest for the ,department of ,transportation1 ,state departments of transportation1 and all other recipients of ,federal surface transportation funds-- 7#a7 to identify1 accelerate1 and deploy innovation aimed at expediting project delivery2 7#b7 enhancing the safety of the roadways of the ,united ,states1 and protecting the environment2 7#c7 to ensure that the planning1 design1 engineering1 construction1 and financing of transportation projects is done in an efficient and effective manner2 7#d7 to promote the rapid deployment of proven solutions that provide greater accountability for public investments and encourage greater private sector involvement2 and 7#e7 to create a culture of innovation within the highway community4 7b7 ,every ,day ,counts initiative ,to advance the policy described in subsection 7a71 the ,administrator of the ,federal ,highway ,administration shall continue the ,every ,day ,counts initiative to work with ,states1 local transportation agencies1 and industry stakeholders to identify and deploy proven innovative practices and products that-- 7#a7 accelerate innovation deployment2 7#b7 expedite the project delivery process2 7#c7 improve environmental sustainability2 7#d7 enhance roadway safety2 7#e7 reduce congestion2 and 7#f7 reduce greenhouse gas emissions4 7c7 ,considerations ,in carrying out the ,every ,day ,counts initiative1 the ,administrator shall consider any innovative practices and products in accordance with subsections 7a7 and 7b71 including-- 7#a7 research results from the university transportation centers program under section #eeje of title #di2 and 7#b7 results from the materials to reduce greenhouse gas emissions program in section #ejc7;d74 7d7 ,innovation deployment 7#a7 ,in general ,at least every #b years1 the ,administrator shall work collaboratively with stakeholders to identify a new collection of innovations1 best practices1 and data to be deployed to highway stakeholders through case studies1 outreach1 and demonstration projects4 7#b7 ,requirements ,in identifying a collection described in paragraph 7#a71 the ,secretary shall take into account market readiness1 impacts1 benefits1 and ease of adoption of the innovation or practice4 7e7 ,publication ,each collection identified under subsection 7d7 shall be published by the ,administrator on a publicly available website4 7f7 ,funding ,the ,secretary may use funds made available to carry out section #ejc7;c7 to carry out this section4 4 7b7 ,clerical amendment ,the analysis for chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following new item3 #ebj4 ,every ,day ,counts initiative4 4 7c7 ,repeal ,section #addd of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note71 and the item related to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 ,c ,emerging ,technologies #ecja4 ,safe1 efficient mobility through advanced technologies ,section #ejc7;c77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking ,not later than #f months after the date of enactment of this paragraph1 the and inserting ,the2 7,b7 by striking establish an advanced transportation and congestion management technologies deployment and inserting establish a safe1 efficient mobility through advanced technologies2 7,c7 by inserting mobility1 before efficiency12 and 7,d7 by inserting environmental impacts1 after system performance12 7#b7 in subparagraph 7,b7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 reduce costs1 improve return on investments1 and improve person throughput and mobility1 including through the optimization of existing transportation capacity2 2 7,b7 in clause 7iv7 by inserting bicyclist and before pedestrian2 7,c7 in clause 7vii7 by striking 2 or and inserting a semicolon2 7,d7 in clause 7viii7-- 7i7 by striking accelerate and inserting prepare for2 7ii7 by striking autonomous and inserting automated2 and 7iii7 by striking the period and inserting 2 or2 and 7,e7 by adding at the end the following3 7ix7 reduce greenhouse gas emissions and limit the effects of climate change4 2 7#c7 in subparagraph 7,c7-- 7,a7 in clause 7ii77,,ii77aa7 by striking congestion1 and costs and inserting congestion and delays1 greenhouse gas emissions1 and costs incurred by road users2 and 7,b7 by adding at the end the following3 7iii7 ,considerations ,an application submitted under this paragraph may include a description of how the proposed project would support the national goals described in section #aej7;b71 the achievement of metropolitan and statewide targets established under section #aej7;d71 or the improvement of transportation system access consistent with section #aej7;f71 including through-- 7,i7 the congestion and on-road mobile-source emissions performance measure established under section #aej7;c77#e72 or 7,,ii7 the greenhouse gas emissions performance measure established under section #aej7;c77#g74 2 7#d7 in subparagraph 7,d7 by adding at the end the following3 7iv7 ,prioritization ,in awarding a grant under this paragraph1 the ,secretary shall prioritize projects that1 in accordance with the criteria described in subparagraph 7,b7-- 7,i7 improve person throughput and mobility1 including through the optimization of existing transportation capacity2 7,,ii7 deliver environmental benefits2 7,,iii7 reduce the number and severity of traffic accidents and increase driver1 passenger1 and bicyclist and pedestrian safety2 or 7,,iv7 reduce greenhouse gas emissions4 7v7 ,grant distribution ,the ,secretary shall award not fewer than #c grants under this paragraph based on the potential of the project to reduce the number and severity of traffic crashes and increase1 driver1 passenger1 and bicyclist and pedestrian safety4 2 7#e7 in subparagraph 7,e7-- 7,a7 in clause 7vi7-- 7i7 by inserting 1 vehicle-to-pedestrian1 after vehicle-to-vehicle2 and 7ii7 by inserting automated vehicles1 systems to improve vulnerable road user safety1 after technologies associated with 2 and 7,b7 in clause 7ix7 by inserting 1 including activities under section #ecaf of title #di after disabled individuals2 7#f7 by striking subparagraph 7,g7 and inserting the following3 7,g7 ,reporting 7i7 ,applicability of law ,the program under this paragraph shall be subject to the accountability and oversight requirements in section #ajf7m74 7ii7 ,report ,not later than #a year after the date that the first grant is awarded under this paragraph1 and each year thereafter1 the ,secretary shall make available to the public on a website a report that describes the effectiveness of grant recipients in meeting their projected deployment plans1 including data provided under subparagraph 7,f7 on how the program has-- 7,i7 reduced traffic-related fatalities and injuries2 7,,ii7 reduced traffic congestion and improved travel time reliability2 7,,iii7 reduced transportation-related emissions2 7,,iv7 optimized multimodal system performance2 7,v7 improved access to transportation alternatives2 7,,vi7 provided the public with access to real-time integrated traffic1 transit1 and multimodal transportation information to make informed travel decisions2 7,,vii7 provided cost savings to transportation agencies1 businesses1 and the traveling public2 or 7,,viii7 provided other benefits to transportation users and the general public4 7iii7 ,considerations ,if applicable1 the ,secretary shall ensure that the activities described in subclauses 7,i7 and 7,,iv7 of clause 7ii7 reflect-- 7,i7 any information described in subparagraph 7,c77iii7 that is included by an applicant2 or 7,,ii7 the project prioritization guidelines under subparagraph 7,d77iv74 2 7#g7 in subparagraph 7,i7 by striking 7i7 ,in general and all that follows through the ,secretary may set aside and inserting ,of the amounts made available to carry out this paragraph1 the ,secretary may set aside2 7#h7 in subparagraph 7,j7 by striking the period at the end and inserting 1 except that the ,federal share of the cost of a project for which a grant is awarded under this paragraph shall not exceed #hj percent42 7#i7 by striking subparagraph 7,m7 and inserting the following3 7,m7 ,grant flexibility ,if1 by ,august #a of each fiscal year1 the ,secretary determines that there are not enough grant applications that meet the requirements described in subparagraph 7,c7 to carry out this paragraph for a fiscal year1 the ,secretary shall transfer to the technology and innovation deployment program-- 7i7 any of the funds reserved for the fiscal year under subparagraph 7,i7 that the ,secretary has not yet awarded under this paragraph2 and 7ii7 an amount of obligation limitation equal to the amount of funds that the ,secretary transfers under subclause 7,i74 2 and 7#aj7 in subparagraph 7,n7-- 7,a7 in clause 7i7 by inserting an urbanized area with before a population of2 and 7,b7 in clause 7iii7 by striking a any and inserting any4 #ecjb4 ,intelligent transportation systems program 7a7 ,use of funds for ,,its activities ,section #eac7;c77#a7 of title #bc1 ,united ,states ,code1 is amended by inserting greenhouse gas emissions reduction1 before and congestion management4 7b7 ,goals and purposes ,section #ead7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f7 by striking national freight policy goals and inserting national multimodal freight policy goals and activities described in subtitle ,,ix of title #di2 7#b7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 reduction of greenhouse gas emissions and mitigation of the effects of climate change2 4 7c7 ,general authorities and requirements ,section #eae7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking #bj members and inserting #be members2 7,b7 in subparagraph 7,a7 by striking ,state highway department and inserting ,state department of transportation2 7,c7 in subparagraph 7,b7 by striking local highway department and inserting local department of transportation2 7,d7 by striking subparagraphs 7,e71 7,f71 7,g71 7,h71 7,i71 and 7,j7 and inserting the following3 7,e7 a private sector representative of the intelligent transportation systems industry2 7,f7 a representative from an advocacy group concerned with safety1 including bicycle and pedestrian interests2 7,g7 a representative with expertise in labor issues1 including-- 7i7 disruptions due to technology2 and 7ii7 opportunities and barriers related to transportation and the incorporation of emerging technology2 and 2 7,e7 by redesignating subparagraph 7,k7 as subparagraph 7,h72 and 7,f7 by striking subparagraph 7,l72 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7 by striking section #ejh and inserting section #fejc of title #di2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7ii7-- 7,i7 by inserting in both urban and rural areas after by users2 and 7,,ii7 by striking 2 and and inserting a semicolon2 7ii7 in clause 7iii7 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7iv7 assess how ,federal transportation resources1 including programs under this title1 are being used to advance intelligent transportation systems4 2 and 7,c7 by adding at the end the following3 7,c7 ,convene not less frequently than twice each year1 either in person or remotely4 2 7#c7 in paragraph 7#d7 by striking ,may #a and inserting ,april #a2 and 7#d7 in paragraph 7#e7 by inserting 1 except that section #ad of such ,act shall not apply before the period at the end4 7d7 ,research and development ,section #eaf7;b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 and 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 demonstrate reductions in greenhouse gas emissions2 4 #ecjc4 ,national highly automated vehicle and mobility innovation clearinghouse 7a7 ,in general ,chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #eejg4 ,national highly automated vehicle and mobility innovation clearinghouse 7a7 ,in general ,the ,secretary shall make a grant to an institution of higher education engaged in research on the secondary impacts of highly automated vehicles to-- 7#a7 operate a national highly automated vehicle and mobility innovation clearinghouse2 7#b7 collect1 conduct1 and fund research on the secondary impacts of highly automated vehicles and mobility innovation2 7#c7 make such research available on a public website2 and 7#d7 conduct outreach and dissemination of the information described in this subsection to assist communities4 7b7 ,definitions ,in this section3 7#a7 ,highly automated vehicle ,the term highly automated vehicle means a motor vehicle that-- 7,a7 is capable of performing the entire task of driving 7including steering1 accelerating and decelerating1 and reacting to external stimulus7 without human intervention2 and 7,b7 is designed to be operated exclusively by a ,level #d or ,level #e automated driving system for all trips according to the recommended practice standards published on ,june #ae1 #bjah1 by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles4 7#b7 ,mobility innovation ,the term mobility innovation means an activity described in section #ecaf1 including mobility on demand and mobility as a service 7as such terms are defined in such section74 7#c7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#d7 ,secondary impacts ,the term secondary impacts means the impacts on land use1 urban design1 transportation1 real estate1 accessibility1 municipal budgets1 social equity1 and the environment4 4 7b7 ,clerical amendment ,the analysis for chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #eejg4 ,national highly automated vehicle and mobility innovation clearinghouse4 4 7c7 ,deadline for clearinghouse ,the ,secretary of ,transportation shall ensure that the institution of higher education that receives the grant described in section #eejg7;a77#a7 of title #di1 ,united ,states ,code1 as added by subsection 7a71 shall establish the national highly automated vehicle clearinghouse described in such section not later than #ahj days after the date of enactment of this ,act4 #ecjd4 ,study on safe interactions between automated vehicles and road users 7a7 ,purpose ,the purpose of this section shall be to ensure that the increasing deployment of automated vehicles does not jeopardize the safety of road users4 7b7 ,study 7#a7 ,establishment ,not later than #i months after the date of enactment of this ,act1 the ,secretary of ,transportation shall initiate a study on the ability of automated vehicles to safely interact with other road users4 7#b7 ,contents ,in carrying out the study under paragraph 7#a71 the ,secretary shall-- 7,a7 examine the ability of automated vehicles to safely interact with general road users1 including vulnerable road users2 7,b7 identify barriers to improving the safety of interactions between automated vehicles and general road users2 and 7,c7 issue recommendations to improve the safety of interactions between automated vehicles and general road users1 including1 at a minimum-- 7i7 technology advancements with the potential to facilitate safer interactions between automated vehicles and general road users given the safety considerations in paragraph 7#c72 7ii7 road user public awareness2 and 7iii7 improvements to transportation planning and road design4 7#c7 ,considerations ,in carrying out the study under paragraph 7#a71 the ,secretary shall take into consideration whether automated vehicles can safely operate within the surface transportation system1 including-- 7,a7 the degree to which ordinary human behaviors make it difficult for an automated vehicle to safely1 reliably predict human actions2 7,b7 unique challenges for automated vehicles in urban and rural areas2 7,c7 the degree to which an automated vehicle is capable of uniformly recognizing and responding to individuals with disabilities and individuals of different sizes1 ages1 races1 and other varying characteristics2 7,d7 for bicyclist and pedestrian road users-- 7i7 the varying and non-standardized nature of bicyclist and pedestrian infrastructure in different locations2 7ii7 the close proximity to motor vehicles within which bicyclists often operate1 including riding in unprotected bike lanes and crossing lanes to make a left turn1 and the risk of such close proximity2 and 7iii7 roadways that lack marked bicyclist infrastructure1 particularly in midsized and rural areas1 on which bicyclists often operate2 and 7,e7 depending on the level of automation of the vehicle1 the degree to which human intervention remains necessary to safely operate an automated vehicle to ensure the safety of general road users in circumstances including-- 7i7 dangerous weather2 7ii7 an electronic or system malfunction of the automated vehicle2 and 7iii7 a cybersecurity threat to the operation of the vehicle4 7#d7 ,public comment ,before conducting the study under paragraph 7#a71 the ,secretary shall provide an opportunity for public comment on the study proposal4 7c7 ,working group 7#a7 ,establishment ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation shall establish a working group to assist in the development of the study and recommendations under subsection 7b74 7#b7 ,membership ,the working group established under paragraph 7#a7 shall include representation from-- 7,a7 the ,national ,highway ,traffic ,safety ,administration2 7,b7 ,state departments of transportation2 7,c7 local governments 7other than metropolitan planning organizations1 as such term is defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7,d7 transit agencies2 7,e7 metropolitan planning organizations 7as such term is defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7,f7 bicycle and pedestrian safety groups2 7,g7 highway and automobile safety groups2 7,h7 truck safety groups2 7,i7 law enforcement officers and first responders2 7,j7 motor carriers and independent owner-operators2 7,k7 the road construction industry2 7,l7 labor organizations2 7,m7 academic experts on automated vehicle technologies2 7,n7 manufacturers of both passenger and commercial automated vehicles2 and 7,o7 other industries and entities as the ,secretary determines appropriate4 7#c7 ,duties ,the working group established under paragraph 7#a7 shall assist the ,secretary by1 at a minimum-- 7,a7 assisting in the development of the scope of the study under subsection 7b72 7,b7 reviewing the data and analysis from such study2 7,c7 provide ongoing recommendations and feedback to ensure that such study reflects the contents described in paragraphs 7#b7 and 7#c7 of subsection 7b72 and 7,d7 providing input to the ,secretary on recommendations required under subsection 7b77#b77;,c74 7#d7 ,applicability of the ,federal ,advisory ,committee ,act ,the working group under this subsection shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 except that section #ad of such ,act shall not apply4 7d7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available1 the study initiated under subsection 7b71 including recommendations for ensuring that automated vehicles safely interact with general road users4 7e7 ,definitions ,in this section3 7#a7 ,automated vehicle ,the term automated vehicle means a motor vehicle equipped with ,level #c1 ,level #d1 or ,level #e automated driving systems for all trips according to the recommended practice standards published on ,june #ae1 #bjah by the ,society of ,automotive ,engineers ,international 7,j#cjafbjahjf7 or equivalent standards adopted by the ,secretary with respect to automated motor vehicles4 7#b7 ,general road users ,the term general road users means-- 7,a7 motor vehicles driven by individuals2 7,b7 bicyclists and pedestrians2 7,c7 motorcyclists2 7,d7 workers in roadside construction zones2 7,e7 emergency response vehicles1 including first responders2 7,f7 vehicles providing local government services1 including street sweepers and waste collection vehicles2 7,g7 law enforcement officers2 7,h7 personnel who manually direct traffic1 including crossing guards2 and 7,i7 other road users that may interact with automated vehicles1 as determined by the ,secretary of ,transportation4 7#c7 ,vulnerable road user ,the term vulnerable road user has the meaning given such term in section #adh7;a7 of title #bc1 ,united ,states ,code4 #ecje4 ,nontraditional and ,emerging ,transportation ,technology ,council 7a7 ,in general ,chapter #a of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aah4 ,nontraditional and ,emerging ,transportation ,technology ,council 7a7 ,establishment ,the ,secretary of ,transportation shall establish a ,nontraditional and ,emerging ,transportation ,technology ,council 7hereinafter referred to as the ,council7 in accordance with this section4 7b7 ,membership 7#a7 ,in general ,the ,council shall be composed of the following officers of the ,department of ,transportation3 7,a7 ,the ,secretary of ,transportation4 7,b7 ,the ,deputy ,secretary of ,transportation4 7,c7 ,the ,under ,secretary of ,transportation for ,policy4 7,d7 ,the ,general ,counsel of the ,department of ,transportation4 7,e7 ,the ,chief ,information ,officer of the ,department of ,transportation4 7,f7 ,the ,assistant ,secretary for ,research and ,technology4 7,g7 ,the ,assistant ,secretary for ,budget and ,programs4 7,h7 ,the ,administrator of the ,federal ,aviation ,administration4 7,i7 ,the ,administrator of the ,federal ,highway ,administration4 7,j7 ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7,k7 ,the ,administrator of the ,federal ,railroad ,administration4 7,l7 ,the ,administrator of the ,federal ,transit ,administration4 7,m7 ,the ,administrator of the ,federal ,maritime ,administration4 7,n7 ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7,o7 ,the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration4 7#b7 ,additional members ,the ,secretary may designate additional members of the ,department to serve as at-large members of the ,council4 7#c7 ,chair and ,vice ,chair ,the ,secretary may designate officials to serve as the ,chair and ,vice ,chair of the ,council and of any working groups of the ,council4 7c7 ,duties ,the ,council shall-- 7#a7 identify and resolve any jurisdictional or regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies1 modes1 or projects pending or brought before the ,department to eliminate1 so far as practicable1 impediments to the prompt and safe deployment of new and innovative transportation technology1 including with respect to safety regulation and oversight1 environmental review1 and funding issues2 7#b7 coordinate the ,department's internal oversight of nontraditional and emerging transportation technologies1 modes1 or projects and engagement with external stakeholders2 7#c7 within applicable statutory authority other than this paragraph1 develop and establish department-wide processes1 solutions1 and best practices for identifying1 managing and resolving issues regarding emerging transportation technologies1 modes1 or projects pending or brought before the ,department2 and 7#d7 carry out such additional duties as the ,secretary may prescribe1 to the extent consistent with this title1 including subsections 7f77#b7 and 7g7 of section #ajf4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aah4 ,nontraditional and ,emerging ,transportation ,technology ,council4 4 #ecjf4 ,hyperloop transportation 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,transportation1 acting through the ,nontraditional and ,emerging ,transportation ,technology ,council of the ,department of ,transportation1 shall issue guidance to provide a clear regulatory framework for the safe deployment of hyperloop transportation4 7b7 ,elements ,in developing the guidance under subsection 7a71 the ,council shall-- 7#a7 consider safety1 oversight1 environmental1 project delivery1 and other regulatory requirements prescribed by various modal administrations in the ,department2 7#b7 clearly delineate between relevant authorities with respect to hyperloop transportation in the ,department and provide project sponsors with a single point of access to the ,department to inquire about projects1 plans1 and proposals2 7#c7 establish clear1 coordinated procedures for the regulation of hyperloop transportation projects2 and 7#d7 develop and establish department-wide processes1 solutions1 and best practices for identifying1 managing1 and resolving matters regarding hyperloop transportation subject to the ,department's jurisdiction4 ,d ,surface ,transportation ,funding ,pilot ,programs #edja4 ,state surface transportation system funding pilots ,section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note7 is amended-- 7#a7 by striking subsection 7b7 and inserting the following3 7b7 ,eligibility 7#a7 ,application ,to be eligible for a grant under this section1 a ,state or group of ,states shall submit to the ,secretary an application in such form and containing such information as the ,secretary may require4 7#b7 ,eligible projects ,the ,secretary may provide grants to ,states under this section for the following projects3 7,a7 ,state pilot projects ,a pilot project to demonstrate a user-based alternative revenue mechanism in a ,state that has received not more than #a grant under this section4 7,b7 ,state implementation projects ,a project-- 7i7 to implement a user-based alternative revenue mechanism that collects revenue to be expended on projects for the surface transportation system of the ,state2 and 7ii7 that is comprised of activities not substantially similar in manner or scope to activities previously carried out by the recipient with a grant for a pilot project to demonstrate such a mechanism under this section1 unless such activities are essential to the implementation of a surface transportation system funding alternative4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking #b or more future2 and 7,b7 by adding at the end the following3 7#f7 ,to test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism4 2 7#c7 in subsection 7d7 by striking to test the design1 acceptance1 and implementation of a user-based alternative revenue mechanism and inserting to test the design and acceptance of1 or implement1 a user-based alternative revenue mechanism2 7#d7 in subsection 7g7 by striking #ej percent and inserting #hj percent2 7#e7 in subsection 7i7-- 7,a7 in the heading by striking ,biennial and inserting ,annual2 7,b7 by striking #b years after the date of enactment of this ,act and inserting #a year after the date of enactment of the ,,invest in ,america ,act2 7,c7 by striking every #b years thereafter and inserting every year thereafter2 and 7,d7 by inserting and containing a determination of the characteristics of the most successful mechanisms with the highest potential for future widespread deployment before the period at the end2 and 7#f7 by striking subsections 7j7 and 7k7 and inserting the following3 7j7 ,funding ,of amounts made available to carry out this section-- 7#a7 for fiscal year #bjbb1 #ag1ejj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #ag1ejjj1jjj shall be used to carry out projects under subsection 7b77#b77;,b72 7#b7 for fiscal year #bjbc1 #ae1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #bj1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,b72 7#c7 for fiscal year #bjbd1 #ab1ejj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #bb1ejj1jjj shall be used to carry out projects under subsection 7b77#b77;,b72 and 7#d7 for fiscal year #bjbe1 #aj1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,a7 and #be1jjj1jjj shall be used to carry out projects under subsection 7b77#b77;,b74 7k7 ,funding flexibility ,funds made available in a fiscal year for making grants for projects under subsection 7b77#b7 that are not expended in such fiscal year may be made available in the following fiscal year for projects under such subsection or for the national surface transportation system funding pilot under section #edjb of the ,,invest in ,america ,act4 4 #edjb4 ,national surface transportation system funding pilot 7a7 ,establishment 7#a7 ,in general ,the ,secretary of ,transportation1 in coordination with the ,secretary of the ,treasury1 shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee to restore and maintain the long-term solvency of the ,highway ,trust ,fund and achieve and maintain a state of good repair in the surface transportation system4 7#b7 ,objectives ,the objectives of the pilot program are to-- 7,a7 test the design1 acceptance1 implementation1 and financial sustainability of a national per-mile user fee2 7,b7 address the need for additional revenue for surface transportation infrastructure and a national per-mile user fee2 and 7,c7 provide recommendations regarding adoption and implementation of a national per-mile user fee4 7b7 ,parameters ,in carrying out the pilot program established under subsection 7a71 the ,secretary of ,transportation1 in coordination with the ,secretary of the ,treasury1 shall-- 7#a7 provide different methods that volunteer participants can choose from to track motor vehicle miles traveled2 7#b7 solicit volunteer participants from all #ej ,states and the ,district of ,columbia2 7#c7 ensure an equitable geographic distribution by population among volunteer participants2 7#d7 include commercial vehicles and passenger motor vehicles in the pilot program2 and 7#e7 use components of1 and information from1 the ,states selected for the ,state surface transportation system funding pilot program under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note74 7c7 ,methods 7#a7 ,tools ,in selecting the methods described in subsection 7b77#a71 the ,secretary of ,transportation shall coordinate with entities that voluntarily provide to the ,secretary for use in the program any of the following vehicle-miles-traveled collection tools3 7,a7 ,third-party on-board diagnostic 7,,obd-,,ii7 devices4 7,b7 ,smart phone applications4 7,c7 ,telemetric data collected by automakers4 7,d7 ,motor vehicle data obtained by car insurance companies4 7,e7 ,data from the ,states selected for the ,state surface transportation system funding pilot program under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note74 7,f7 ,motor vehicle data obtained from fueling stations4 7,g7 ,any other method that the ,secretary considers appropriate4 7#b7 ,coordination 7,a7 ,selection ,the ,secretary shall determine which methods under paragraph 7#a7 are selected for the pilot program4 7,b7 ,volunteer participants ,in a manner that the ,secretary considers appropriate1 the ,secretary shall provide each selected method to each volunteer participant4 7d7 ,per-,mile user fees ,for the purposes of the pilot program established in subsection 7a71 the ,secretary of the ,treasury shall establish on an annual basis-- 7#a7 for passenger vehicles and light trucks1 a per-mile user fee that is equivalent to-- 7,a7 the average annual taxes imposed by sections #djda and #djha of the ,internal ,revenue ,code of #aihf with respect to gasoline or any other fuel used in a motor vehicle 7other than aviation gasoline or diesel71 divided by 7,b7 the total vehicle miles traveled by passenger vehicles and light trucks2 and 7#b7 for medium- and heavy-duty trucks1 a per-mile user fee that is equivalent to-- 7,a7 the average annual taxes imposed by sections #djda and #djha of such ,code with respect to diesel fuel1 divided by 7,b7 the total vehicle miles traveled by medium- and heavy-duty trucks4 ,taxes shall only be taken into account under the preceding sentence to the extent taken into account in determining appropriations to the ,highway ,trust ,fund under section #iejc7;b7 of such ,code1 and the amount so determined shall be reduced to account for transfers from such fund under paragraphs 7#c71 7#d71 and 7#e7 of section #iejc7;c7 of such ,code4 7e7 ,volunteer participants ,the ,secretary of ,transportation1 in coordination with the ,secretary of the ,treasury1 shall-- 7#a7 ensure1 to the extent practicable1 that an appropriate number of volunteer participants participate in the pilot program2 and 7#b7 issue policies to-- 7,a7 protect the privacy of volunteer participants2 and 7,b7 secure the data provided by volunteer participants4 7f7 ,public awareness campaign ,the ,secretary of ,transportation may carry out a public awareness campaign to increase public awareness regarding a national per-mile user fee1 including distributing information related to the pilot program carried out under this section1 information from the ,state surface transportation system funding pilot program under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note74 7g7 ,revenue collection ,the ,secretary of the ,treasury1 in coordination with the ,secretary of ,transportation1 shall establish a mechanism to collect per-mile user fees established under subsection 7d7 from volunteer participants4 ,such mechanism-- 7#a7 may be adjusted as needed to address technical challenges2 and 7#b7 may allow third-party vendors to collect the per-mile user fees and forward such fees to the ,treasury4 7h7 ,agreement ,the ,secretary of ,transportation may enter into an agreement with a volunteer participant containing such terms and conditions as the ,secretary considers necessary for participation in the pilot program4 7i7 ,limitation ,any revenue collected through the mechanism established in subsection 7g7 shall not be considered a toll under section #cja of title #bc1 ,united ,states ,code4 7j7 ,highway ,trust ,fund ,the ,secretary of the ,treasury shall ensure that any revenue collected under subsection 7f7 is deposited into the ,highway ,trust ,fund4 7k7 ,refund ,not more than #de days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program1 the ,secretary of the ,treasury shall calculate and issue an equivalent refund to volunteer participants for applicable ,federal motor fuel taxes under section #djda and section #djha of the ,internal ,revenue ,code of #aihf1 the applicable battery tax under section #daaa of such ,code1 or both1 if applicable4 7l7 ,report to ,congress ,not later than #a year after the date on which volunteer participants begin participating in the pilot program1 and each year thereafter for the duration of the pilot program1 the ,secretary of ,transportation and the ,secretary of the ,treasury shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report that includes an analysis of-- 7#a7 whether the objectives described in subsection 7a77#b7 were achieved2 7#b7 how volunteer protections in subsection 7f77#b7 were complied with2 and 7#c7 whether per-mile user fees can maintain the long-term solvency of the ,highway ,trust ,fund and achieve and maintain a state of good repair in the surface transportation system4 7m7 ,sunset ,the pilot program established under this section shall expire on the date that is #d years after the date on which volunteer participants begin participating in such program4 7n7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,commercial vehicle ,the term commercial vehicle has the meaning given the term commercial motor vehicle in section #caaja of title #di1 ,united ,states ,code4 7#b7 ,highway trust fund ,the term ,highway ,trust ,fund means the ,highway ,trust ,fund established under section #iejc of the ,internal ,revenue ,code of #aihf4 7#c7 ,light truck ,the term light truck has the meaning given the term in section #ebc4b of title #di1 ,code of ,federal ,regulations4 7#d7 ,medium- and heavy-duty truck ,the term medium- and heavy-duty truck has the meaning given the term commercial medium- and heavy-duty on-highway vehicle in section #cbija7;a7 of title #di1 ,united ,states ,code4 7#e7 ,per-mile user fee ,the term per-mile user fee means a revenue mechanism that-- 7,a7 is applied to road users operating motor vehicles on the surface transportation system2 and 7,b7 is based on the number of vehicle miles traveled by an individual road user4 7#f7 ,volunteer participant ,the term volunteer participant means-- 7,a7 an owner or lessee of an individual private motor vehicle who volunteers to participate in the pilot program2 7,b7 a commercial vehicle operator who volunteers to participate in the pilot program2 or 7,c7 an owner of a motor vehicle fleet who volunteers to participate in the pilot program4 ,e ,miscellaneous #eeja4 ,ergonomic seating working group 7a7 ,in general 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall convene a working group to examine the seating standards for commercial drivers4 7#b7 ,members ,at a minimum1 the working group shall include-- 7,a7 seat manufacturers2 7,b7 commercial vehicle manufacturers2 7,c7 transit vehicle manufacturers2 7,d7 labor representatives for the trucking industry2 7,e7 representatives from organizations engaged in collective bargaining on behalf of transit workers in not fewer than #c ,states2 and 7,f7 musculoskeletal health experts4 7b7 ,objectives ,the ,secretary shall pursue the following objectives through the working group3 7#a7 ,to identify health issues1 including musculoskeletal health issues1 that afflict commercial drivers due to sitting for long periods of time while on duty4 7#b7 ,to identify research topics for further development and best practices to improve seating4 7#c7 ,to determine ways to incorporate improved seating into manufacturing standards for public transit vehicles and commercial vehicles4 7c7 ,report 7#a7 ,submission ,not later than #ah months after the date of enactment of this ,act1 the working group shall submit to the ,secretary1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of the working group under this section and any recommendations for the adoption of better ergonomic seating for commercial drivers4 7#b7 ,publication ,upon receipt of the report in paragraph 7#a71 the ,secretary shall publish the report on a publicly accessible website of the ,department4 7d7 ,applicability of ,federal ,advisory ,committee ,act ,the ,advisory ,committee shall be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #eejb4 ,repeal of section #fcad of title #di1 ,united ,states ,code 7a7 ,in general ,section #fcad of title #di1 ,united ,states ,code1 is repealed4 7b7 ,conforming amendments 7#a7 ,title analysis ,the analysis for chapter #fc of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #fcad4 7#b7 ,section #fcjg ,section #fcjg7;b7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by striking or section #fcad7;b72 7ii7 in subparagraph 7,b7 by striking or section #fcad7;b72 and 7iii7 in subparagraph 7,c7 by striking or section #fcad7;b72 and 7,b7 in paragraph 7#b77;,a7 by striking or section #fcad7;b74 #eejc4 ,reports ,section #cjh7;e77#a7 of title #di1 ,united ,states ,code1 is amended by inserting 1 including public ferry systems1 after mass transportation systems4 ,,vi ,multimodal ,transportation #fjja4 ,national multimodal freight policy ,section #gjaja7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7 by inserting in rural and urban areas after freight transportation2 7#b7 in paragraph 7#g7-- 7,a7 in subparagraph 7,b7 by striking 2 and and inserting a semicolon2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 travel within population centers2 and 2 7#c7 in paragraph 7#i7 by striking 2 and and inserting the following3 including-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution2 7,c7 minimizing1 capturing1 or treating stormwater runoff or other adverse impacts to water quality2 and 7,d7 wildlife habitat loss2 2 7#d7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 and 7#e7 by inserting after paragraph 7#i7 the following3 7#aj7 to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors2 and 4 #fjjb4 ,national freight strategic plan ,section #gjajb7;c7 of title #di1 ,united ,states ,code1 is amended by striking shall and all that follows through the end and inserting the following3 shall-- 7#a7 update the plan and publish the updated plan on the public website of the ,department of ,transportation2 and 7#b7 include in the update described in paragraph 7#a7-- 7,a7 each item described in subsection 7b72 and 7,b7 best practices to reduce the adverse environmental impacts of freight-related-- 7i7 greenhouse gas emissions2 7ii7 local air pollution2 7iii7 stormwater runoff or other adverse impacts to water quality2 and 7iv7 wildlife habitat loss4 4 #fjjc4 ,national multimodal freight network ,section #gjajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,c7 by striking of the ,united ,states that have and inserting the following3 of the ,united ,states that-- 7i7 have a total annual value of cargo of at least #a1jjj1jjj1jjj1 as identified by ,united ,states ,customs and ,border ,protection and reported by the ,bureau of the ,census2 or 7ii7 have 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by striking ,not later than #a year after the date of enactment of this section1 and inserting the following3 7,a7 ,report to ,congress ,not later than #cj days after the date of enactment of the ,,invest in ,america ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing a plan to designate a final ,national ,multimodal ,freight ,network1 including a detailed summary of the resources within the ,office of the ,secretary that will be dedicated to carrying out such plan4 7,b7 ,designation of ,national ,multimodal ,freight ,network ,not later than #fj days after the submission of the report described in subparagraph 7,a71 2 7,b7 in paragraph 7#c77;,c7-- 7i7 by inserting and metropolitan planning organizations after ,states2 and 7ii7 by striking paragraph 7#d7 and inserting paragraphs 7#d7 and 7#e72 7,c7 in paragraph 7#d7-- 7i7 in the header by inserting and metropolitan planning organization after ,state2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iii7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,critical urban freight facilities and corridors 7i7 ,area with a population of over #ejj1jjj ,in an urbanized area with a population of #ejj1jjj or more individuals1 the representative metropolitan planning organization1 in consultation with the ,state1 may designate a freight facility or corridor within the borders of the ,state as a critical urban freight facility or corridor4 7ii7 ,area with a population of less than #ejj1jjj ,in an urbanized area with a population of less than #ejj1jjj individuals1 the ,state1 in consultation with the representative metropolitan planning organization1 may designate a freight facility or corridor within the borders of the ,state as a critical urban freight corridor4 7iii7 ,designation ,a designation may be made under subparagraph 7i7 or 7ii7 if the facility or corridor is in an urbanized area1 regardless of population1 and such facility or corridor-- 7,i7 provides access to the primary highway freight system1 the ,interstate system1 or an intermodal freight facility2 7,,ii7 is located within a corridor of a route on the primary highway freight system and provides an alternative option important to goods movement2 7,,iii7 serves a major freight generator1 logistics center1 or manufacturing and warehouse industrial land2 7,,iv7 connects to an international port of entry2 7,v7 provides access to a significant air1 rail1 water1 or other freight facility in the ,state2 or 7,,vi7 is important to the movement of freight within the region1 as determined by the metropolitan planning organization or the ,state4 7,d7 ,limitation ,a ,state may propose additional designations to the ,national ,multimodal ,freight ,network in the ,state in an amount that is-- 7i7 for a highway project1 not more than #bj percent of the total mileage designated by the ,under ,secretary in the ,state2 and 7ii7 for a non-highway project1 using a limitation determined by the ,under ,secretary4 2 and 7,d7 by adding at the end the following3 7#e7 ,required network components ,in designating or redesignating the ,national ,multimodal ,freight ,network1 the ,under ,secretary shall ensure that the ,national ,multimodal ,freight ,network includes the components described in subsection 7b77#b74 4 #fjjd4 ,state freight advisory committees ,section #gjbja7;a7 of title #di1 ,united ,states ,code1 is amended by striking and local governments and inserting local governments1 metropolitan planning organizations1 and the departments with responsibility for environmental protection and air quality of the ,state4 #fjje4 ,state freight plans ,section #gjbjb7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,a7 by inserting and urban after rural2 7#b7 in paragraph 7#i7 by striking 2 and and inserting a semicolon2 7#c7 by redesignating paragraph 7#aj7 as paragraph 7#ab72 and 7#d7 by inserting after paragraph 7#i7 the following3 7#aj7 strategies and goals to decrease freight-related-- 7,a7 greenhouse gas emissions2 7,b7 local air pollution2 7,c7 stormwater runoff or other adverse impacts to water quality2 and 7,d7 wildlife habitat loss2 7#aa7 strategies and goals to decrease any adverse impact of freight transportation on communities located near freight facilities or freight corridors2 and 4 #fjjf4 ,study of freight transportation fee 7a7 ,study ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary of the ,treasury and the ,commissioner of the ,internal ,revenue ,service1 shall establish a joint task force to study the establishment and administration of a fee on multimodal freight surface transportation services4 7b7 ,contents ,the study required under subsection 7a7 shall include the following3 7#a7 ,an estimation of the revenue that a fee of up to #a percent on freight transportation services would raise4 7#b7 ,an identification of the entities that would be subject to such a fee paid by the owners or suppliers of cargo4 7#c7 ,an analysis of the administrative capacity of ,federal agencies and freight industry participants to collect such a fee and ensure compliance with fee requirements4 7#d7 ,policy options to prevent avoidance of such a fee1 including diversion of freight services to foreign countries4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure and the ,committee on ,ways and ,means of the ,house of ,representatives and the ,committee on ,environment and ,public ,works and the ,committee on ,finance of the ,senate the study required under subsection 7a74 #fjjg4 ,national ,surface ,transportation and ,innovative ,finance ,bureau ,section #aaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by striking paragraph 7#a7 and inserting the following3 7#a7 to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection 7d77#a71 including by-- 7,a7 conducting proactive outreach to communities located outside of metropolitan or micropolitan statistical areas 7as such areas are defined by the ,office of ,management and ,budget72 and 7,b7 coordinating with the ,office of ,rural ,development of the ,department of ,agriculture1 the ,office of ,community ,revitalization of the ,environmental ,protection ,agency1 and any other agencies that provide technical assistance for rural communities1 as determined by the ,executive ,director2 2 7#b7 by redesignating subsection 7j7 as subsection 7k72 and 7#c7 by inserting after subsection 7i7 the following3 7j7 ,annual progress report ,not later than #a year after the date of enactment of this subsection1 and annually thereafter1 the ,executive ,director shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report detailing-- 7#a7 the use of funds authorized under section #fje7;f7 of title #bc2 and 7#b7 the progress of the ,bureau in carrying out the purposes described in subsection 7b74 4 #fjjh4 ,local hire 7a7 ,establishment ,the ,secretary of ,transportation shall immediately reinstate the local labor hiring pilot program containing the contracting initiative established by the ,secretary and published in the ,federal ,register on ,march #f1 #bjae 7#hj ,fed4 ,reg4 #abbeg71 under the same terms1 conditions1 and requirements as so published4 7b7 ,duration ,the ,secretary shall continue the local labor hiring pilot program reinstated under this section through ,september #cj1 #bjbe4 ,,vii ,transportation ,infrastructure ,finance and ,innovation ,act #gjja4 ,transportation ,infrastructure ,finance and ,innovation ,act 7a7 ,creditworthiness ,section #fjb7;a77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77iv7-- 7,a7 by striking a rating and inserting an investment grade rating2 and 7,b7 by striking #ge1jjj1jjj and inserting #aej1jjj1jjj2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking the senior debt and inserting senior debt2 and 7,b7 by striking credit instrument is for an amount less than #ge1jjj1jjj and inserting total amount of other senior debt and the ,federal credit instrument is less than #aej1jjj1jjj4 7b7 ,non-,federal share ,section #fjc7;b7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#h7 and inserting the following3 7#h7 ,non-,federal share ,notwithstanding paragraph 7#i7 and section #aag7;j77#b71 the proceeds of a secured loan under the ,,tifia program shall be considered to be part of the non-,federal share of project costs required under this title or chapter #ec of title #di1 if the loan is repayable from non-,federal funds4 4 7c7 ,exemption of funds from ,,tifia ,federal share requirement ,section #fjc7;b77#i7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,territories ,funds provided for a territory under section #afe7;c7 shall not be considered ,federal assistance for purposes of subparagraph 7,a74 4 7d7 ,streamlined application process ,section #fjc7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,additional terms for expedited decisions 7,a7 ,in general ,not later than #abj days after the date of enactment of this paragraph1 the ,secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet-- 7i7 the terms under paragraph 7#b72 and 7ii7 the additional criteria described in subparagraph 7,b74 7,b7 ,additional criteria ,the additional criteria referred to in subparagraph 7,a77ii7 are the following3 7i7 ,the secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the ,national ,surface ,transportation ,innovative ,finance ,bureau4 7ii7 ,the secured loan is rated in the ,a category or higher4 7iii7 ,the ,,tifia program share of eligible project costs is #cc percent or less4 7iv7 ,the applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than #ij days after the date on which a ,federal credit instrument is obligated for the project under the ,,tifia program4 7v7 ,the project has received a categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,written notice ,the ,secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the ,secretary has approved or disapproved the application by not later than #ahj days after the date on which the ,secretary submits to the applicant a letter indicating that the ,national ,surface ,transportation ,innovative ,finance ,bureau has commenced the creditworthiness review of the project4 4 7e7 ,assistance to small projects ,section #fje7;f77#a7 of title #bc1 ,united ,states ,code1 is amended by striking #b1jjj1jjj and inserting #c1jjj1jjj4 7f7 ,application process report ,section #fji7;b77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in clause 7iv7 by striking and2 7#b7 in clause 7v7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7vi7 whether the project is located in a metropolitan statistical area1 micropolitan statistical area1 or neither 7as such areas are defined by the ,office of ,management and ,budget74 4 7g7 ,status reports ,section #fji of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,status reports 7#a7 ,in general ,the ,secretary shall publish on the website for the ,,tifia program-- 7,a7 on a monthly basis1 a current status report on all submitted letters of interest and applications received for assistance under the ,,tifia program2 and 7,b7 on a quarterly basis1 a current status report on all approved applications for assistance under the ,,tifia program4 7#b7 ,inclusions ,each monthly and quarterly status report under paragraph 7#a7 shall include1 at a minimum1 with respect to each project included in the status report-- 7,a7 the name of the party submitting the letter of interest or application2 7,b7 the name of the project2 7,c7 the date on which the letter of interest or application was received2 7,d7 the estimated project eligible costs2 7,e7 the type of credit assistance sought2 and 7,f7 the anticipated fiscal year and quarter for closing of the credit assistance4 4 ,c ,hazardous ,materials ,transportation #hjja4 ,short title ,this division may be cited as the ,improving ,hazardous ,materials ,safety ,act of #bjbj4 ,i ,authorizations #haja4 ,authorization of appropriations ,section #eabh of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7 by striking paragraphs 7#a7 through 7#e7 and inserting the following3 7#a7 #fg1jjj1jjj for fiscal year #bjba2 7#b7 #fh1jjj1jjj for fiscal year #bjbb2 7#c7 #fi1jjj1jjj for fiscal year #bjbc2 7#d7 #ga1jjj1jjj for fiscal year #bjbd2 and 7#e7 #gb1jjj1jjj for fiscal year #bjbe2 2 7#b7 in subsection 7b7-- 7,a7 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjba through #bjbe2 and 7,b7 by striking #ba1ihh1jjj and inserting #bd1jbe1jjj2 7#c7 in subsection 7c7 by striking #d1jjj1jjj for each of fiscal years #bjaf through #bjbj and inserting #e1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#d7 in subsection 7d7 by striking #a1jjj1jjj for each of fiscal years #bjaf through #bjbj and inserting #d1jjj1jjj for each of fiscal years #bjba through #bjbe2 7#e7 by redesignating subsection 7e7 as subsection 7f72 and 7#f7 by inserting after subsection 7d7 the following3 7e7 ,assistance with local emergency responder training grants ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established under section #eaaf7;h71 the ,secretary may expend #a1hjj1jjj for each of fiscal years #bjba through #bjbe to carry out the grant program under section #eajg7;j74 4 ,,ii ,hazardous ,materials ,safety and ,improvement #hbja4 ,repeal of certain requirements related to lithium cells and batteries 7a7 ,repeal ,section #hbh of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #ddgja note71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7b7 ,conforming amendments ,section #ccc of the ,,faa ,reauthorization ,act of #bjah 7#di ,u4,s4,c4 #ddgja note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7,a7 ,in general4-- and all that follows through the ,secretary and inserting ,the ,secretary2 and 7ii7 by striking subparagraph 7,b72 and 7,b7 in paragraph 7#b7 by striking ,pursuant to section #hbh of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #ddgja note71 the ,secretary and inserting ,the ,secretary2 7#b7 by striking paragraph 7#d7 of subsection 7b72 and 7#c7 by striking paragraph 7#a7 of subsection 7h7 and inserting the following3 7#a7 ,,icao ,technical ,instructions ,the term ,,icao ,technical ,instructions means the ,international ,civil ,aviation ,organization ,technical ,instructions for the ,safe ,transport of ,dangerous ,goods by ,air4 4 #hbjb4 ,transportation of liquefied natural gas by rail tank car 7a7 ,evaluation ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration1 in coordination with the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration1 shall initiate an evaluation of the safety1 security1 and environmental risks of transporting liquefied natural gas by rail4 7b7 ,testing ,in conducting the evaluation under subsection 7a71 the ,administrator of the ,federal ,railroad ,administration shall-- 7#a7 perform physical testing of rail tank cars1 including1 at a minimum1 the ,,dot-#aac specification1 to evaluate the performance of such rail tank cars in the event of an accident or derailment1 including evaluation of the extent to which design and construction features such as steel thickness and valve protections prevent or mitigate the release of liquefied natural gas2 7#b7 analyze multiple release scenarios1 including derailments1 front-end collisions1 rear-end collisions1 side-impact collisions1 grade-crossing collisions1 punctures1 and impact of an incendiary device1 at a minimum of #c speeds of travel with a sufficient range of speeds to evaluate the safety1 security1 and environmental risks posed under real-world operating conditions2 and 7#c7 examine the effects of exposure to climate conditions across rail networks1 including temperature1 humidity1 and any other factors that the ,administrator of the ,federal ,railroad ,administration determines could influence performance of rail tank cars and components of such rail tank cars4 7c7 ,other factors ,to consider ,in conducting the evaluation under subsection 7a71 the ,administrator of the ,federal ,railroad ,administration shall evaluate the impact of a discharge of liquefied natural gas from a rail tank car on public safety and the environment1 and consider-- 7#a7 the benefits of route restrictions1 speed restrictions1 enhanced brake requirements1 personnel requirements1 rail tank car technological requirements1 and other operating controls2 7#b7 the advisability of consist restrictions1 including limitations on the arrangement and quantity of rail tank cars carrying liquefied natural gas in any given consist2 7#c7 the identification of potential impact areas1 and the number of homes and structures potentially endangered by a discharge in rural1 suburban1 and urban environments2 7#d7 the impact of discharge on the environment1 including air quality impacts2 7#e7 the benefits of advanced notification to the ,department of ,transportation1 ,state ,emergency ,response ,commissions1 and ,tribal ,emergency ,response ,commissions of routes for moving liquefied natural gas by rail tank car2 7#f7 how first responders respond to an incident1 including the extent to which specialized equipment or training would be required and the cost to communities for acquiring any necessary equipment or training2 7#g7 whether thermal radiation could occur from a discharge2 7#h7 an evaluation of the rail tank car authorized by the ,secretary of ,transportation for liquefied natural gas or similar cryogenic liquids1 and a determination of whether specific safety enhancements or new standards are necessary to ensure the safety of rail transport of liquefied natural gas2 and 7#i7 the risks posed by the transportation of liquefied natural gas by ,international ,organization for ,standardization containers authorized by the ,federal ,railroad ,administration4 7d7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make available to the public-- 7#a7 a report based on the evaluation and testing conducted under subsections 7a7 and 7b71 which shall include the results of the evaluation and testing and recommendations for mitigating or eliminating the safety1 security1 environmental1 and other risks of an accident or incident involving the transportation of liquefied natural gas by rail2 and 7#b7 a complete list of all research related to the transportation of liquefied natural gas by rail conducted by the ,federal ,railroad ,administration1 the ,pipeline and ,hazardous ,materials ,safety ,administration1 or any other entity of the ,federal ,government since #bjaj that includes1 for each research item-- 7,a7 the title of any reports or studies produced with respect to the research2 7,b7 the agency1 entity1 or organization performing the research2 7,c7 the names of all authors and co-authors of any report or study produced with respect to the research2 and 7,d7 the date any related report was published or is expected to publish4 7e7 ,data collection ,the ,administrator of the ,federal ,railroad ,administration and the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration shall collect any relevant data or records necessary to complete the evaluation required by subsection 7a74 7f7 ,,gao report ,after the evaluation required by subsection 7a7 has been completed1 the ,comptroller ,general of the ,united ,states shall conduct an independent evaluation to verify that the ,federal ,railroad ,administration and the ,pipeline and ,hazardous ,materials ,safety ,administration complied with the requirements of this ,act1 and transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of such independent evaluation4 7g7 ,congressional review requirements 7#a7 ,review period defined ,in this subsection1 the term review period means the period beginning on the date of enactment of this ,act and ending on the earlier of-- 7,a7 the date that is #a year after the date of completion of the report under subsection 7f72 or 7,b7 the date that is #d years after the date of enactment of this ,act4 7#b7 ,congressional authority ,the ,secretary of ,transportation-- 7,a7 may not issue any regulation authorizing the transportation of liquefied natural gas by rail tank car or authorize such transportation through issuance of a special permit or approval before the conclusion of the review period2 and 7,b7 shall rescind any special permit or approval for the transportation of liquefied natural gas by rail tank car issued before the date of enactment of this ,act4 #hbjc4 ,hazardous materials training requirements and grants ,section #eajg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,assistance with local emergency responder training ,the ,secretary shall make grants to nonprofit organizations to develop hazardous materials response training for emergency responders1 including response activities for the transportation of crude oil1 ethanol1 and other flammable liquids by rail 7consistent with ,national ,fire ,protection ,association standards71 and to make such training available electronically or in person4 4 #hbjd4 ,study on hazardous materials transported by commercial motor vehicles on highway-rail grade crossings 7a7 ,study 7#a7 ,in general ,the ,secretary of ,transportation shall conduct a study to evaluate the overall safety of the requirement that commercial motor vehicles come to a full stop at highway-rail grade crossings described in section #cib4aj of title #di1 ,code of ,federal ,regulations4 7#b7 ,contents ,the study required under paragraph 7#a7 shall-- 7,a7 collect and analyze data on the frequency and severity of rear-end collisions that occur when commercial motor vehicles transporting hazardous materials are stopped at grade crossings2 7,b7 assess the extent to which such requirement reduces instances of truck-train collisions2 7,c7 evaluate the overall safety of such requirement2 and 7,d7 recommend whether to remove such requirement4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing the findings of the study under subsection 7a7 and the ,secretary's planned course of action regarding the requirement described in section #cib4aj of title #di1 ,code of ,federal ,regulations4 7c7 ,commercial motor vehicle defined ,in this section1 the term commercial motor vehicle has the meaning given such term in section #acajb of title #di1 ,united ,states ,code4 ,d ,rail #ijja4 ,short title ,this division may be cited as the ,transforming ,rail by ,accelerating ,investment ,nationwide ,act or the ,,train ,act4 ,i ,authorizations #iaja4 ,authorization of appropriations 7a7 ,authorization of grants to ,amtrak 7#a7 ,northeast ,corridor ,there are authorized to be appropriated to the ,secretary for the use of ,amtrak for activities associated with the ,northeast ,corridor the following amounts3 7,a7 ,for fiscal year #bjba1 #b1ijj1jjj1jjj4 7,b7 ,for fiscal year #bjbb1 #b1gjj1jjj1jjj4 7,c7 ,for fiscal year #bjbc1 #b1ejj1jjj1jjj4 7,d7 ,for fiscal year #bjbd1 #b1ejj1jjj1jjj4 7,e7 ,for fiscal year #bjbe1 #b1ejj1jjj1jjj4 7#b7 ,national ,network ,there are authorized to be appropriated to the ,secretary for the use of ,amtrak for activities associated with the ,national ,network the following amounts3 7,a7 ,for fiscal year #bjba1 #c1fjj1jjj1jjj4 7,b7 ,for fiscal year #bjbb1 #c1djj1jjj1jjj4 7,c7 ,for fiscal year #bjbc1 #c1bjj1jjj1jjj4 7,d7 ,for fiscal year #bjbd1 #c1jjj1jjj1jjj4 7,e7 ,for fiscal year #bjbe1 #c1jjj1jjj1jjj4 7b7 ,project management oversight ,the ,secretary may withhold up to #ae1jjj1jjj from the amounts made available under subsection 7a7 for the costs of management oversight of ,amtrak4 7c7 ,amtrak common benefit costs for ,state-supported routes ,for any fiscal year in which funds are made available under subsection 7a77#b7 in excess of the amounts authorized for fiscal year #bjbj under section #aaaja7;b7 of the ,,fast ,act 7#aad-id71 ,amtrak shall use up to #djj1jjj1jjj of the excess funds to defray the share of operating costs of ,amtrak's national assets 7as such term is defined in section #bdcbj7;c77#e7 of title #di1 ,united ,states ,code7 that is allocated to the ,state-supported services4 7d7 ,state-,supported ,route ,committee ,of the funds made available under subsection 7a77#b71 the ,secretary may make available up to #c1jjj1jjj for each fiscal year for the ,state-,supported ,route ,committee established under section #bdgab of title #di1 ,united ,states ,code4 7e7 ,northeast ,corridor ,commission ,of the funds made available under subsection 7a77#a71 the ,secretary may make available up to #f1jjj1jjj for each fiscal year for the ,northeast ,corridor ,commission established under section #bdije of title #di1 ,united ,states ,code4 7f7 ,authorization of appropriations for ,amtrak ,office of ,inspector ,general ,there are authorized to be appropriated to the ,office of ,inspector ,general of ,amtrak the following amounts3 7#a7 ,for fiscal year #bjba1 #bf1ejj1jjj4 7#b7 ,for fiscal year #bjbb1 #bg1jjj1jjj4 7#c7 ,for fiscal year #bjbc1 #bg1ejj1jjj4 7#d7 ,for fiscal year #bjbd1 #bh1jjj1jjj4 7#e7 ,for fiscal year #bjbe1 #bh1ejj1jjj4 7g7 ,passenger rail improvement1 modernization1 and enhancement grants ,there are authorized to be appropriated to the ,secretary to carry out section #bbijf of title #di1 ,united ,states ,code1 the following amounts3 7#a7 ,for fiscal year #bjba1 #c1hjj1jjj1jjj4 7#b7 ,for fiscal year #bjbb1 #c1hjj1jjj1jjj4 7#c7 ,for fiscal year #bjbc1 #c1hjj1jjj1jjj4 7#d7 ,for fiscal year #bjbd1 #c1hjj1jjj1jjj4 7#e7 ,for fiscal year #bjbe1 #c1hjj1jjj1jjj4 7h7 ,consolidated rail infrastructure and safety improvements 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out section #bbijg of title #di1 ,united ,states ,code1 the following amounts3 7,a7 ,for fiscal year #bjba1 #a1djj1jjj1jjj4 7,b7 ,for fiscal year #bjbb1 #a1djj1jjj1jjj4 7,c7 ,for fiscal year #bjbc1 #a1djj1jjj1jjj4 7,d7 ,for fiscal year #bjbd1 #a1djj1jjj1jjj4 7,e7 ,for fiscal year #bjbe1 #a1djj1jjj1jjj4 7#b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under paragraph 7#a7 for the costs of project management oversight of grants carried out under section #bbijg of title #di1 ,united ,states ,code4 7i7 ,railroad rehabilitation and improvement financing 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary for payment of credit risk premiums in accordance with section #iajd of this division and section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7 #cj1jjj1jjj for each of fiscal years #bjba through #bjbe1 to remain available until expended4 7#b7 ,refund of premium ,there are authorized to be appropriated to the ,secretary #gj1jjj1jjj to repay the credit risk premium under section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7 in accordance with section #iajd4 7j7 ,restoration and enhancement grants 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out section #bbijh of title #di1 ,united ,states ,code1 #bj1jjj1jjj for each of fiscal years #bjba through #bjbe4 7#b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under paragraph 7#a7 for the costs of project management oversight of grants carried out under section #bbijh of title #di1 ,united ,states ,code4 7k7 ,grade crossing separation grants 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out section #bjaga of title #di1 ,united ,states ,code1 7as added by section #ieea of this ,act7 the following amounts3 7#a7 ,for fiscal year #bjba1 #dej1jjj1jjj4 7#b7 ,for fiscal year #bjbb1 #dge1jjj1jjj4 7#c7 ,for fiscal year #bjbc1 #ejj1jjj1jjj4 7#d7 ,for fiscal year #bjbd1 #ebe1jjj1jjj4 7#e7 ,for fiscal year #bjbe1 #eej1jjj1jjj4 7#b7 ,project management oversight ,the ,secretary may withhold up to #a percent from the amount appropriated under paragraph 7#a7 for the costs of project management oversight of grants carried out under section #bjaga of title #di1 ,united ,states ,code4 7l7 ,rail safety public awareness grants ,of the amounts made available under subsection 7k71 the ,secretary shall make available #e1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out section #bjagb of title #di1 ,united ,states ,code1 7as added by section #ieeb of this ,act74 7m7 ,authorization of appropriations to the ,federal ,railroad ,administration ,section #bjaag of title #di1 ,united ,states ,code1 is amended to read as follows3 #bjaag4 ,authorization of appropriations 7a7 ,safety and operations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary of ,transportation for the operations of the ,federal ,railroad ,administration and to carry out railroad safety activities authorized or delegated to the ,administrator-- 7,a7 #bbi1jjj1jjj for fiscal year #bjba4 7,b7 #bca1jjj1jjj for fiscal year #bjbb2 7,c7 #bcc1jjj1jjj for fiscal year #bjbc2 7,d7 #bce1jjj1jjj for fiscal year #bjbd2 and 7,e7 #bcg1jjj1jjj for fiscal year #bjbe4 7#b7 ,automated ,track ,inspection ,program and data analysis ,from the funds made available under paragraph 7#a7 for each of fiscal years #bjba through #bjbe1 not more than #ag1jjj1jjj may be expended for the ,automated ,track ,inspection ,program and data analysis related to track inspection4 ,such funds shall remain available until expended4 7#c7 ,state participation grants ,amounts made available under paragraph 7#a7 for grants under section #bjaje7;e7 shall remain available until expended4 7#d7 ,short line safety ,from funds made available under paragraph 7#a71 the ,secretary may expend not more than #d1jjj1jjj-- 7,a7 for grants to improve safety practices and training for ,class ,,ii and ,class ,,iii freight railroads2 and 7,b7 to develop safety management systems for ,class ,,ii and ,class ,,iii freight railroads through safety culture assessments1 training and education1 outreach activities1 and technical assistance4 7b7 ,railroad research and development 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,transportation for necessary expenses for carrying out railroad research and development activities the following amounts which shall remain available until expended3 7,a7 #db1jjj1jjj for fiscal year #bjba4 7,b7 #dd1jjj1jjj for fiscal year #bjbb4 7,c7 #df1jjj1jjj for fiscal year #bjbc4 7,d7 #dh1jjj1jjj for fiscal year #bjbd4 7,e7 #ej1jjj1jjj for fiscal year #bjbe4 7#b7 ,study on ,,lng by rail ,from the amounts made available for fiscal years #bjba through #bjbe under paragraph 7#a71 the ,secretary shall expend not less than #f1jjj1jjj and not more than #h1jjj1jjj to carry out the evaluation of transporting liquefied natural gas by rail under section #ajbjd4 7#c7 ,study on safety culture assessments ,from the amounts made available for fiscal year #bjba under paragraph 7#a71 the ,secretary shall expend such sums as are necessary to carry out the study on safety culture assessments under section #ieag of the ,,train ,act4 4 7n7 ,fatigue reduction pilot projects ,there are authorized to be appropriated to the ,secretary for costs associated with carrying out section #baaji7;e7 of title #di1 ,united ,states ,code1 #bjj1jjj to remain available until expended4 #iajb4 ,passenger rail improvement1 modernization1 and expansion grants 7a7 ,in general ,section #bbijf of title #di1 ,united ,states ,code1 is amended to read as follows3 #bbijf4 ,passenger rail improvement1 modernization1 and expansion grants 7a7 ,establishment ,the ,secretary of ,transportation shall establish a program to make grants for capital projects that improve the state of good repair1 operational performance1 or growth of intercity rail passenger transportation4 7b7 ,project selection criteria 7#a7 ,in general ,capital projects eligible for a grant under this section include-- 7,a7 a project to replace1 rehabilitate1 or repair a major infrastructure asset used for providing passenger rail service to bring such infrastructure asset into a state of good repair2 7,b7 a project to improve passenger rail performance1 including congestion mitigation1 reliability improvements1 achievement on-time performance standards established under section #bjg of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note71 reduced trip times1 increased train frequencies1 higher operating speeds1 electrification1 and other improvements1 as determined by the ,secretary2 and 7,c7 a project to repair1 rehabilitate1 replace1 or build infrastructure to expand or establish intercity rail passenger transportation and facilities1 including high-speed rail4 7#b7 ,requirements ,to be eligible for a grant under this section1 an applicant shall have1 or provide documentation of a credible plan to achieve-- 7,a7 the legal1 financial1 and technical capacity to carry out the project2 7,b7 satisfactory continuing control over the use of the equipment or facilities that are the subject of the project2 and 7,c7 an agreement in place for maintenance of such equipment or facilities4 7#c7 ,priority ,in selecting an applicant for a grant under this section1 the ,secretary shall give preference to capital projects that-- 7,a7 are supported by multiple ,states or are included in a regional planning process2 and 7,b7 achieve environmental benefits such as a reduction in greenhouse gas emissions or an improvement in local air quality4 7#d7 ,additional considerations ,in selecting an applicant for a grant under this section1 the ,secretary shall consider-- 7,a7 the cost-benefit analysis of the proposed project1 including anticipated public benefits relative to the costs of the proposed project1 including-- 7i7 effects on system and service performance2 7ii7 effects on safety1 competitiveness1 reliability1 trip or transit time1 and resilience2 7iii7 impacts on the overall transportation system1 including efficiencies from improved integration with other modes of transportation or benefits associated with achieving modal shifts2 and 7iv7 the ability to meet existing or anticipated passenger or service demand2 7,b7 the applicant's past performance in developing and delivering similar projects2 7,c7 if applicable1 the consistency of the project with planning guidance and documents set forth by the ,secretary or required by law2 and 7,d7 if applicable1 agreements between all stakeholders necessary for the successful delivery of the project4 7c7 ,northeast ,corridor projects ,of the funds made available to carry out this section1 not less than #dj percent shall be made available for projects included in the ,northeast ,corridor investment plan required under section #bdijd4 7d7 ,national projects ,of the funds made available to carry out this section1 not less than #dj percent shall be made available for-- 7#a7 projects on the ,national ,network2 7#b7 high-speed rail projects2 and 7#c7 the establishment of new passenger rail corridors not located on the ,northeast ,corridor4 7e7 ,federal share of total project costs 7#a7 ,total project cost estimate ,the ,secretary shall estimate the total cost of a project under this section based on the best available information1 including engineering studies1 studies of economic feasibility1 environmental analyses1 and information on the expected use of equipment or facilities4 7#b7 ,federal share ,the ,federal share of total costs for a project under this section shall not exceed #ij percent4 7#c7 ,treatment of revenue ,applicants may use ticket and other revenues generated from operations and other sources to satisfy the non-,federal share requirements4 7f7 ,letters of intent 7#a7 ,in general ,the ,secretary shall1 to the maximum extent practicable1 issue a letter of intent to a recipient of a grant under this section that-- 7,a7 announces an intention to obligate1 for a major capital project under this section1 an amount that is not more than the amount stipulated as the financial participation of the ,secretary in the project2 and 7,b7 states that the contingent commitment-- 7i7 is not an obligation of the ,federal ,government2 and 7ii7 is subject to the availability of appropriations for grants under this section and subject to ,federal laws in force or enacted after the date of the contingent commitment4 7#b7 ,congressional notification 7,a7 ,in general ,not later than #c days before issuing a letter of intent under paragraph 7#a71 the ,secretary shall submit written notification to-- 7i7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7ii7 the ,committee on ,appropriations of the ,house of ,representatives2 7iii7 the ,committee on ,appropriations of the ,senate2 and 7iv7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7,b7 ,contents ,the notification submitted under subparagraph 7,a7 shall include-- 7i7 a copy of the letter of intent2 7ii7 the criteria used under subsection 7b7 for selecting the project for a grant2 and 7iii7 a description of how the project meets such criteria4 7g7 ,appropriations required ,an obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose4 7h7 ,grant administration ,the ,secretary may withhold up to #a percent of the total amount made available to carry out this section for program oversight and management1 including providing technical assistance and project planning guidance4 7i7 ,regional planning guidance ,the ,secretary may withhold up to half a percent of the total amount made available to carry out this section to facilitate and provide guidance for regional planning processes4 7j7 ,availability ,amounts made available to carry out this section shall remain available until expended4 7k7 ,grant conditions ,except as specifically provided in this section1 the use of any amounts appropriated for grants under this section shall be subject to the grant conditions under section #bbije1 except that the domestic buying preferences of section #bdcje7;f7 shall apply to grants provided to ,amtrak in lieu of the requirements of section #bbije7;a74 7l7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means-- 7,a7 a ,state2 7,b7 a group of ,states2 7,c7 an ,interstate ,compact2 7,d7 a public agency or publicly chartered authority established by #a or more ,states2 7,e7 a political subdivision of a ,state2 or 7,f7 ,amtrak1 acting on its own behalf or under a cooperative agreement with #a or more ,states4 7#b7 ,capital project ,the term capital project means-- 7,a7 acquisition1 construction1 replacement1 rehabilitation1 or repair of major infrastructure assets or equipment that benefit intercity rail passenger transportation1 including tunnels1 bridges1 stations1 track1 electrification1 grade crossings1 passenger rolling stock1 and other assets1 as determined by the ,secretary2 7,b7 projects that ensure service can be maintained while existing assets are rehabilitated or replaced2 and 7,c7 project planning1 development1 design1 and environmental analysis related to projects under subsections 7,a7 and 7,b74 7#c7 ,intercity rail passenger transportation ,the term intercity rail passenger transportation has the meaning given such term in section #bdajb4 7#d7 ,high-speed rail ,the term high-speed rail has the meaning given such term in section #bfajf7;b74 7#e7 ,northeast ,corridor ,the term ,northeast ,corridor has the meaning given such term in section #bdajb4 7#f7 ,national ,network ,the term ,national ,network has the meaning given such term in section #bdajb4 7#g7 ,state ,the term ,state means each of the #ej ,states and the ,district of ,columbia4 4 7b7 ,clerical amendment ,the item related to section #bbijf in the analysis for chapter #bbi of title #di1 ,united ,states ,code1 is amended to read as follows3 #bbijf4 ,passenger rail improvement1 modernization1 and expansion grants4 4 #iajc4 ,consolidated rail infrastructure and safety improvement grants ,section #bbijg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by adding at the end the following3 7#ab7 ,a commuter authority 7as such term is defined in section #bdajb74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7 by inserting 1 maintenance1 and upgrades after ,deployment2 7,b7 in paragraph 7#c7 by inserting or safety after address congestion2 7,c7 in paragraph 7#d7 by striking identified by the ,secretary and all that follows through rail transportation and inserting to reduce congestion1 improve service1 or facilitate ridership growth in intercity rail passenger transportation and commuter rail passenger transportation 7as such term is defined in section #bdajb72 7,d7 in paragraph 7#e7 by inserting or to establish new quiet zones before the period at the end2 and 7,e7 in paragraph 7#i7 by inserting or commuter rail passenger transportation 7as such term is defined in section #bdajb7 after between intercity rail passenger transportation2 7#c7 in subsection 7e7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,in selecting a recipient of a grant for an eligible project1 the ,secretary shall give preference to-- 7,a7 projects that will maximize the net benefits of the funds made available for use under this section1 considering the cost-benefit analysis of the proposed project1 including anticipated public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph 7#b72 and 7,b7 projects that benefit a station that-- 7i7 serves ,amtrak and commuter rail2 7ii7 is listed amongst the #be stations with highest ridership in the most recent ,amtrak ,company ,profile2 and 7iii7 has support from both ,amtrak and the provider of commuter rail passenger transportation servicing the station4 2 7#d7 in subsection 7g77#a7 by striking #be percent and inserting #ae percent2 7#e7 in subsection 7l7 by striking ,secretary shall and inserting ,secretary may2 7#f7 by redesignating subsections 7i71 7j71 7k71 and 7l7 as subsections 7k71 7l71 7m71 and 7n71 respectively2 and 7#g7 by inserting after subsection 7h7 the following3 7i7 ,large projects ,of the amounts made available under this section1 at least #ej percent shall be for projects that have total project costs of greater than #ajj1jjj1jjj4 7j7 ,commuter rail 7#a7 ,administration of funds ,the amounts awarded under this section for commuter rail passenger transportation projects shall be transferred by the ,secretary1 after selection1 to the ,federal ,transit ,administration for administration of funds in accordance with chapter #ec4 7#b7 ,grant condition 7,a7 ,in general ,as a condition of receiving a grant under this section that is used to acquire1 construct1 or improve railroad right-of-way or facilities1 any employee covered by the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq47 and the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca et seq47 who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements established under section #bbije7;e74 7,b7 ,application of protective arrangement ,the grant recipient and the successors1 assigns1 and contractors of such recipient shall be bound by the protective arrangements required under subparagraph 7,a74 ,such recipient shall be responsible for the implementation of such arrangement and for the obligations under such arrangement1 but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement4 7#c7 ,application of law ,subsections 7g7 and 7f77#a7 of section #bbije shall not apply to grants awarded under this section for commuter rail passenger transportation projects4 4 #iajd4 ,railroad rehabilitation and improvement financing ,section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by inserting civil works such as cuts and fills1 stations1 tunnels1 after components of track12 and 7ii7 in subparagraph 7,d7 by inserting 1 permitting1 after reimburse planning2 and 7,b7 by striking paragraph 7#c72 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#c7 by adding at the end the following3 7,d7 ,a projection of freight or passenger demand for the project based on regionally developed economic forecasts1 including projections of any modal diversion resulting from the project4 2 and 7,b7 in paragraph 7#d7-- 7i7 by striking ,credit risk premiums and inserting 7,a7 ,timing of payment4--,credit risk premiums2 and 7ii7 by adding at the end the following3 7,b7 ,payment of credit risk premiums 7i7 ,in general ,in granting assistance under this section1 the ,secretary may pay credit risk premiums required under paragraph 7#c7 for entities described in paragraphs 7#a7 through 7#c7 of subsection 7a71 in whole or in part1 with respect to a loan or loan guarantee4 7ii7 ,set-aside ,of the amounts made available for payments for a fiscal year under clause 7i71 the ,secretary shall reserve #be1jjj1jjj for payments for passenger rail projects1 to remain available until expended4 7,c7 ,refund of premium ,the ,secretary shall repay the credit risk premium of each loan in cohort #c1 as defined by the memorandum to the ,office of ,management and ,budget of the ,department of ,transportation dated ,november #e1 #bjah1 with interest accrued thereon1 not later than #fj days after the date on which all obligations attached to each such loan have been satisfied4 ,for each such loan for which obligations have been satisfied as of the date of enactment of the ,,train ,act1 the ,secretary shall repay the credit risk premium of each such loan1 with interest accrued thereon1 not later than #fj days after the date of the enactment of such ,act4 2 and 7#c7 by adding at the end the following3 7n7 ,non-,federal share ,the proceeds of a loan provided under this section may be used as the non-,federal share of project costs under this title or chapter #ec of title #di if such loan is repayable from non-,federal funds4 4 #iaje4 ,buy ,america ,section #bbije7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b7 by adding or at the end2 7,b7 by striking subparagraph 7,c72 and 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 7#b7 by striking paragraph 7#d7 and inserting the following3 7#d7 7,a7 ,if the ,secretary receives a request for a waiver under paragraph 7#b71 the ,secretary shall provide notice of and an opportunity for public comment on the request at least #cj days before making a finding based on the request4 7,b7 ,a notice provided under subparagraph 7,a7 shall-- 7i7 include the information available to the ,secretary concerning the request1 including whether the request is being made under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#b72 and 7ii7 be provided by electronic means1 including on the official public website of the ,department of ,transportation4 2 7#c7 in paragraph 7#e7-- 7,a7 by striking #bjab and inserting #bjbj1 and each year thereafter2 and 7,b7 by inserting during the preceding fiscal year before the period2 and 7#d7 by adding at the end the following3 7#ab7 ,the requirements of this subsection apply to all contracts for a project carried out within the scope of the applicable finding1 determination1 or decisions under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 regardless of the funding source for activities carried out pursuant to such contracts1 if at least #a contract for the project is funded with amounts made available to carry out a provision specified in paragraph 7#a74 4 #iajf4 ,rail network climate change vulnerability assessment 7a7 ,in general ,the ,secretary of ,transportation shall sponsor a study by the ,national ,academies to conduct an assessment of the potential impacts of climate change on the national rail network4 7b7 ,assessment ,at a minimum1 the assessment conducted pursuant to subsection 7a7 shall-- 7#a7 cover the entire freight and intercity passenger rail network of the ,united ,states2 7#b7 evaluate risk to the network over #e-1 #cj-1 and #ej-year outlooks2 7#c7 examine and describe potential effects of climate change and extreme weather events on passenger and freight rail infrastructure1 trackage1 and facilities1 including facilities owned by rail shippers2 7#d7 identify and categorize the assets described in paragraph 7#c7 by vulnerability level and geographic area2 and 7#e7 recommend strategies or measures to mitigate any adverse impacts of climate change1 including emergency preparedness measures and resiliency best practices for infrastructure planning4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing the findings of the assessment conducted pursuant to subsection 7a74 7d7 ,further coordination ,the ,secretary shall make the report publicly available on the website of the ,department of ,transportation and communicate the results of the assessment with stakeholders4 7e7 ,regulatory authority ,if the ,secretary finds in the report required under subsection 7c7 that regulatory measures are warranted and such measures are otherwise under the existing authority of the ,secretary1 the ,secretary may issue such regulations as are necessary to implement such measures4 7f7 ,funding ,from the amounts made available for fiscal year #bjba under section #bjaag7;a7 of title #di1 ,united ,states ,code1 the ,secretary shall expend not less than #a1jjj1jjj to carry out the study required under subparagraph 7a74 ,,ii ,amtrak ,reforms #ibja4 ,amtrak findings1 mission1 and goals ,section #bdaja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking 1 to the extent its budget allows12 and 7ii7 by striking between crowded urban areas and in other areas of and inserting throughout2 7,b7 in paragraph 7#b7 by striking the period and inserting 1 thereby providing additional capacity for the traveling public and widespread air quality benefits42 7,c7 in paragraph 7#d7-- 7i7 by striking greater and inserting high2 and 7ii7 by striking to ,amtrak to achieve a performance level sufficient to justify expending public money and inserting in order to meet the passenger rail needs of the ,united ,states2 7,d7 in paragraph 7#e7-- 7i7 by inserting intercity and after efficient2 and 7ii7 by striking the energy conservation and self-sufficiency and inserting addressing climate change1 energy conservation1 and self-sufficiency2 and 7,e7 by adding at the end the following3 7#i7 ,long-distance passenger rail is an important part of the national transportation system4 7#aj7 ,investments in intercity and commuter rail passenger transportation support jobs that provide a pathway to the middle class4 2 7#b7 in subsection 7b7 by striking ,the and all that follows through consistent and inserting ,the mission of ,amtrak is to provide a safe1 efficient1 and high-quality national passenger rail system1 consistent2 7#c7 in subsection 7c7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 use its best business judgment in acting to maximize the benefits of public funding2 2 7,b7 in paragraph 7#b7-- 7i7 by striking minimize ,government subsidies by encouraging and inserting work with2 and 7ii7 by striking the semicolon and inserting and improvements to service22 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 manage the passenger rail network in the interest of public transportation needs1 including current and future ,amtrak passengers2 2 7,d7 in paragraph 7#g7 by striking encourage and inserting work with2 7,e7 in paragraph 7#aa7 by striking and the last place it appears2 and 7,f7 by striking paragraph 7#ab7 and inserting the following3 7#ab7 utilize and manage resources with a long-term perspective1 including sound investments that take into account the overall lifecycle costs of an asset2 7#ac7 ensure that service is accessible and accommodating to passengers with disabilities2 and 7#ad7 maximize the benefits ,amtrak generates for the ,united ,states by creating quality jobs and supporting the domestic workforce4 2 and 7#d7 by striking subsection 7d74 #ibjb4 ,amtrak status ,section #bdcja7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7 by striking #bjajb7b7 and inserting #bjajb2 and 7#b7 in paragraph 7#b7 by inserting serving the public interest in reliable passenger rail service after for-profit corporation4 #ibjc4 ,board of ,directors ,section #bdcjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,c7 and inserting the following3 7,c7 #h individuals appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 with a record of support for national passenger rail service1 general business and financial experience1 and transportation qualifications or expertise4 ,of the individuals appointed-- 7i7 #a shall be a ,mayor or ,governor of a location served by a regularly scheduled ,amtrak service on the ,northeast ,corridor2 7ii7 #a shall be a ,mayor or ,governor of a location served by a regularly scheduled ,amtrak service that is not on the ,northeast ,corridor2 7iii7 #a shall be a labor representative of ,amtrak employees2 and 7iv7 #b shall be individuals with a history of regular ,amtrak ridership and an understanding of the concerns of rail passengers4 2 7,b7 in paragraph 7#b7 by inserting users of ,amtrak1 including the elderly and individuals with disabilities1 and after and balanced representation of2 7,c7 in paragraph 7#c7 by adding at the end the following3 ,a member of the ,board appointed under clause 7i7 or 7ii7 of paragraph 7#a77;,c7 shall serve for a term of #e years or until such member leaves the elected office such member occupied at the time such member was appointed1 whichever is first42 and 7,d7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,the ,secretary and any ,governor of a ,state may be represented at a ,board meeting by a designee4 2 7#b7 in subsection 7b7-- 7,a7 by striking ,pay and expenses and inserting ,duties1 pay1 and expenses2 and 7,b7 by inserting ,each director must consider the well-being of current and future ,amtrak passengers1 and the public interest in sustainable national passenger rail service4 before ,each director not employed by the ,united ,states ,government or ,amtrak2 and 7#c7 by adding at the end the following3 7g7 ,governor defined ,in this section1 the term ,governor means the ,governor of a ,state or the ,mayor of the ,district of ,columbia and includes the designee of the ,governor4 4 #ibjd4 ,amtrak preference enforcement 7a7 ,in general ,section #bdcjh7;c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 ,notwithstanding section #bdajc7;a7 and section #bdcjh7;f71 ,amtrak shall have the right to bring an action for equitable or other relief in the ,united ,states ,district ,court for the ,district of ,columbia to enforce the preference rights granted under this subsection44 7b7 ,conforming amendment ,section #bdajc of title #di1 ,united ,states ,code1 is amended by inserting and section #bdcjh7;c7 before 1 only the ,attorney ,general4 #ibje4 ,use of facilities and providing services to ,amtrak ,section #bdcjh7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 7,a7 ,when a rail carrier does not agree to allow ,amtrak to operate additional trains over any rail line of the carrier on which ,amtrak is operating or seeks to operate1 ,amtrak may submit an application to the ,board for an order requiring the carrier to allow for the operation of the requested trains4 ,within #ij days of receipt of such application1 the ,board shall determine whether the additional trains would unreasonably impair freight transportation and-- 7i7 for a determination that such trains do not unreasonably impair freight transportation1 order the rail carrier to allow for the operation of such trains on a schedule established by the ,board2 or 7ii7 for a determination that such trains do unreasonably impair freight transportation1 initiate a proceeding to determine any additional infrastructure investments required by1 or on behalf of1 ,amtrak4 7,b7 ,if ,amtrak seeks to resume operation of a train that ,amtrak operated during the #e-year period preceding an application described in subparagraph 7,a71 the ,board shall apply a presumption that the resumed operation of such train will not unreasonably impair freight transportation unless the ,board finds that there are substantially changed circumstances4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,the ,board shall consider and inserting ,the ,board shall2 7,b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 in making the determination under paragraph 7#a71 take into account any infrastructure investments proposed in ,amtrak's application1 with the rail carrier having the burden of demonstrating that the additional trains will unreasonably impair the freight transportation2 and 2 and 7,c7 in subparagraph 7,b7 by inserting consider investments described in subparagraph 7,a7 and after times12 and 7#c7 by adding at the end the following3 7#d7 ,in a proceeding initiated by the ,board under paragraph 7#a77;,b71 the ,board shall solicit the views of the parties and require the parties to provide any necessary data or information4 ,not later than #ahj days after the date on which the ,board makes a determination under paragraph 7#a77;,b71 the ,board shall issue an order requiring the rail carrier to allow for the operation of the requested trains conditioned upon additional infrastructure or other investments needed to mitigate the unreasonable interference4 ,in determining the necessary level of additional infrastructure or other investments1 the ,board shall use any criteria1 assumptions1 and processes it considers appropriate4 7#e7 ,the provisions of this subsection shall be in addition to any other statutory or contractual remedies ,amtrak may have to obtain the right to operate the additional trains4 4 #ibjf4 ,prohibition on mandatory arbitration 7a7 ,in general ,section #bhajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,prohibition on choice-of-forum clause 7#a7 ,in general ,amtrak may not impose a choice-of-forum clause that attempts to preclude a passenger1 or a person who purchases a ticket for rail transportation on behalf of a passenger1 from bringing a claim against ,amtrak in any court of competent jurisdiction1 including a court within the jurisdiction of the residence of such passenger in the ,united ,states 7provided that ,amtrak does business within that jurisdiction74 7#b7 ,court of competent jurisdiction ,under this subsection1 a court of competent jurisdiction may not include an arbitration forum4 4 7b7 ,effective date ,this section1 and the amendments made by this section1 shall apply to any claim that arises on or after the date of enactment of this ,act4 #ibjg4 ,amtrak ,,ada assessment 7a7 ,assessment ,amtrak shall conduct an assessment and review of all ,amtrak policies1 procedures1 protocols1 and guidelines for compliance with the requirements of the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the assessment conducted under subsection 7a74 7c7 ,contents ,the report required under subsection 7b7 shall include-- 7#a7 a summary of the policies1 procedures1 protocols1 and guidelines reviewed2 7#b7 any necessary changes to such policies1 procedures1 protocols1 and guidelines to ensure compliance with the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 including full compliance under such ,act for ,amtrak stations and facilities and consideration of the needs of individuals with disabilities when procuring rolling stock2 and 7#c7 an implementation plan and timeline for making any such necessary changes4 7d7 ,engagement ,amtrak is encouraged to engage with a range of advocates for individuals with disabilities during the assessment conducted under subsection 7a71 and develop an ongoing and standardized process for engagement with advocates for individuals with disabilities4 7e7 ,periodic evaluation ,at least once every #b years1 ,amtrak shall review and update1 as necessary1 ,amtrak policies1 procedures1 protocols1 and guidelines to ensure compliance with the ,americans ,with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 #ibjh4 ,prohibition on smoking on ,amtrak trains 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on smoking on ,amtrak trains 7a7 ,prohibition ,beginning on the date of enactment of the ,,train ,act1 ,amtrak shall prohibit smoking on board ,amtrak trains4 7b7 ,electronic ,cigarettes 7#a7 ,inclusion ,the use of an electronic cigarette shall be treated as smoking for purposes of this section4 7#b7 ,electronic cigarette defined ,in this section1 the term electronic cigarette means a device that delivers nicotine or other substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking4 4 7b7 ,conforming amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on smoking on ,amtrak trains4 4 #ibji4 ,state-supported routes operated by ,amtrak ,section #bdgab of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#c77;,c7 by striking the vote and inserting the votes2 7,b7 in paragraph 7#d7 by striking the first sentence and inserting ,the ,committee shall define and periodically update the rules and procedures governing the ,committee's proceedings42 and 7,c7 in paragraph 7#f7-- 7i7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,procedures ,the rules and procedures implemented under paragraph 7#d7 shall include-- 7i7 procedures for changing the cost allocation methodology1 notwithstanding section #bji7;b7 of the ,passenger ,rail ,investment and ,improvement ,act 7#di ,u4,s4,c4 #bdaja note72 and 7ii7 procedures or broad guidelines for conducting financial planning1 including operating and capital forecasting1 reporting1 and data sharing and governance4 2 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7i7 by striking and at the end2 7,,ii7 in clause 7ii7 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7iii7 promote increased efficiency in ,amtrak's operating and capital activities4 2 and 7iii7 by adding at the end the following3 7,d7 ,annual ,review ,not later than ,june #cj of each year1 the ,committee shall prepare an evaluation of the cost allocation methodology and procedures under subparagraph 7,b7 and transmit such evaluation to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 2 7#b7 in subsection 7b7-- 7,a7 by inserting and to the ,committee before 1 as well as the planning2 and 7,b7 by inserting before the period at the end the following3 and the ,committee4 ,not later than #ahj days after the date of enactment of the ,,train ,act1 the ,committee shall develop a report that contains the general ledger data and operating statistics from ,amtrak's accounting systems used to calculate payments to ,states4 ,amtrak shall provide to the ,states and the ,committee the report for the prior month not later than #cj days after the last day of each month2 7#c7 in subsection 7e7 by inserting 1 including incentives to increase revenue1 reduce costs1 finalize contracts by the beginning of the fiscal year1 and require ,states to promptly make payments for services delivered before the period2 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting and annually review and update1 as necessary1 after shall develop2 and 7ii7 by inserting before ,the ,committee may consult the following3 ,the statement shall include a list of capital projects1 including infrastructure1 fleet1 station1 and facility initiatives1 needed to support the growth of ,state-supported routes42 7,b7 in paragraph 7#b7 by striking ,not later than #b years and all that follows through transmit the statement and inserting ,the ,committee shall transmit1 not later than ,march #ca of each year1 the most recent annual update to the statement2 and 7,c7 by adding at the end the following3 7#c7 ,sense of ,congress ,it is the sense of ,congress that the ,committee shall be the forum where ,amtrak and ,states collaborate on the planning1 improvement1 and development of corridor routes across the ,national ,network4 ,the ,committee shall identify obstacles to passenger rail growth and identify solutions to overcome such obstacles4 2 7#e7 by redesignating subsections 7g7 and 7h7 as subsections 7j7 and 7k71 respectively2 and 7#f7 by inserting after subsection 7f7 the following3 7g7 ,new ,state-supported routes 7#a7 ,consultation ,in developing a new ,state-supported route1 ,amtrak shall consult with the following3 7,a7 ,the ,state or ,states and local municipalities where such new service would operate4 7,b7 ,commuter authorities and regional transportation authorities 7as such terms are defined in section #bdajb7 in the areas that would be served by the planned route4 7,c7 ,host railroads4 7,d7 ,administrator of the ,federal ,railroad ,administration4 7,e7 ,other stakeholders1 as appropriate4 7#b7 ,state commitments ,notwithstanding any other provision of law1 before beginning construction necessary for1 or beginning operation of1 a ,state-supported route that is initiated on or after the date of enactment of the ,,train ,act1 ,amtrak shall enter into a memorandum of understanding1 or otherwise secure an agreement1 with the ,state in which such route will operate for sharing ongoing fully allocated operating costs and capital costs in accordance with-- 7,a7 the cost allocation methodology described under subsection 7a72 or 7,b7 the alternative cost allocation schedule described in paragraph 7#c74 7#c7 ,alternative cost allocation ,under the alternative cost allocation schedule described in this paragraph1 with respect to costs not covered by revenues for the operation of the new ,state-supported route1 ,amtrak shall pay-- 7,a7 the share ,amtrak otherwise would have paid under the cost allocation methodology under subsection 7a72 and 7,b7 a percentage of the share that the ,state otherwise would have paid under the cost allocation methodology under subsection 7a7 according to the following3 7i7 ,amtrak shall pay up to #ajj percent of the capital costs necessary to initiate a new ,state-supported route1 including planning and development1 design1 and environmental analysis1 prior to beginning operations on the new route4 7ii7 ,for the first #b years of operation1 ,amtrak shall pay for #ajj percent of operating costs and capital costs4 7iii7 ,for the third year of operation1 ,amtrak shall pay #ij percent of operating costs and capital costs and the ,state shall pay the remainder4 7iv7 ,for the fourth year of operation1 ,amtrak shall pay #hj percent of operating costs and capital costs and the ,state shall pay the remainder 7v7 ,for the fifth year of operation1 ,amtrak shall pay #ej percent of operating costs and capital costs and the ,state shall pay the remainder4 7vi7 ,for the sixth year of operation and thereafter1 operating costs and capital costs shall be allocated in accordance with the cost allocation methodology described under subsection 7a71 as applicable4 7#d7 ,application of terms ,in this subsection1 the terms capital cost and operating cost shall apply in the same manner as such terms apply under the cost allocation methodology developed under subsection 7a74 7h7 ,cost allocation methodology and implementation report 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,,train ,act1 the ,committee shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report assessing potential improvements to the cost allocation methodology required and approved under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note74 7#b7 ,report contents ,the report required under paragraph 7#a7 shall-- 7,a7 identify improvements to the cost allocation methodology that would promote-- 7i7 transparency of route and train costs and revenues2 7ii7 facilitation of service and network growth2 7iii7 improved services for the traveling public2 7iv7 maintenance or achievement of labor collective bargaining agreements2 7v7 increased revenues2 and 7vi7 reduced costs2 7,b7 describe the various contracting approaches used in ,state-supported services between ,states and ,amtrak1 including the method1 amount1 and timeliness of payments for each ,state-supported service2 7,c7 evaluate the potential benefits and feasibility1 including identifying any necessary statutory changes1 of implementing a service pricing model for ,state-supported routes in lieu of a cost allocation methodology and how such a service pricing model would advance the priorities described in subparagraph 7,a72 and 7,d7 summarize share of costs from the cost allocation methodology that are-- 7i7 assigned2 7ii7 allocated regionally or locally2 and 7iii7 allocated nationally4 7#c7 ,update to the methodology ,not later than #b years after the implementation of the ,,train ,act1 the ,committee shall update the methodology1 if necessary1 based on the findings of the report required under paragraph 7#a74 7i7 ,identification of ,state-,supported route changes ,amtrak shall provide an update in the annual grant request under section #bdcai of planned or proposed changes to ,state-supported routes1 including the introduction of new ,state-supported routes4 ,in identifying routes to be included in such request1 ,amtrak shall-- 7#a7 identify the timeframe in which such changes could take effect and whether ,amtrak has entered into a commitment with a ,state under subsection 7g77#b72 and 7#b7 consult with the ,committee and any additional ,states in which proposed routes may operate1 not less than #abj days before the annual grant request is transmitted to the ,secretary4 4 #ibaj4 ,amtrak ,police ,department 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall initiate a study of the workforce planning process of the ,amtrak ,police ,department and the deployment of personnel and resources of the ,department4 7b7 ,consultation ,in carrying out the study under this section1 the ,comptroller ,general shall consult with the ,amtrak ,police ,department ,labor ,committee1 law enforcement and public safety experts1 and entities providing passenger rail service comparable to ,amtrak1 and any other relevant entities1 as determined by the ,comptroller ,general4 7c7 ,contents of study ,the study under this section shall-- 7#a7 review and determine whether the workforce planning process used to allocate ,amtrak ,police ,department personnel1 including contractors1 adequately meets the safety and security needs of the ,amtrak network1 including considering whether the planning process-- 7,a7 identifies critical positions1 skills1 and competencies necessary for ensuring the safety and security of the ,amtrak network2 7,b7 analyzes employment levels of sworn and civilian personnel1 including patrol officers1 necessary for ensuring the safety and security of the ,amtrak network2 7,c7 analyzes workforce gaps and develops strategies to address any such gaps2 7,d7 considers the risks identified by ,amtrak's triannual risk assessments2 7,e7 considers variables1 including ridership levels1 miles of right-of-way1 crime data1 and workload1 that comparable passenger rail systems consider in the development of the workforce plans of such systems2 7,f7 includes collaboration or coordination with local1 ,state1 tribal1 and ,federal agencies1 and public transportation agencies to support the safety and security of the ,amtrak network2 and 7,g7 sets goals and performance metrics for the ,department and monitors and evaluates the ,department's progress toward such goals and metrics2 and 7#b7 assess and evaluate whether the deployment of ,amtrak ,police ,department personnel and contractors as of ,march #a1 #bjbj1 adequately mitigates risks and ensures the safety and security of ,amtrak passengers1 employees1 trains1 stations1 facilities1 and other infrastructure1 including-- 7,a7 whether there is an adequate number of civilian and sworn personnel deployed across the ,department's #f geographic divisions1 including patrol officers1 detectives1 canine units1 special operations unit1 strategic operations1 intelligence1 corporate security1 ,office of ,professional ,responsibilities1 and ,office of ,chief of ,police2 7,b7 whether patrol officers have an adequate presence on trains and route segments1 and in stations1 facilities1 and other infrastructure2 7,c7 whether ,amtrak ,police ,department personnel have the tools and resources1 including vehicles1 communication devices1 and weapons1 necessary for performing their responsibilities2 and 7,d7 the locations and positions occupied by ,amtrak ,police ,department contractors and the adequacy of their training4 7d7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of study4 ,such report shall include recommendations for improving the workforce planning process and the deployment of ,amtrak ,police ,department personnel and resources4 #ibaa4 ,amtrak food and beverage 7a7 ,amtrak food and beverage ,section #bdcba of title #di1 ,united ,states ,code1 is amended to read as follows3 #bdcba4 ,amtrak food and beverage 7a7 ,ensuring access to food and beverage services 7#a7 ,access to services ,on all long-distance routes1 ,amtrak shall ensure that all passengers who travel overnight on such route shall have access to the food and beverage service that is provided to sleeping car passengers on such route4 7#b7 ,statutory construction ,nothing in this subsection shall be construed to limit the authority of ,amtrak to charge passengers for any food and beverage services4 7b7 ,food and beverage workforce 7#a7 ,workforce requirement ,amtrak shall ensure that any individual onboard a train who prepares food and beverages is an ,amtrak employee4 7#b7 ,savings clause ,no ,amtrak employee holding a position as of the date of enactment of the ,,train ,act may be involuntarily separated because of any action taken by ,amtrak to implement this section1 including any employees who are furloughed as a result of the ,,covid-#ai pandemic4 7c7 ,savings clause ,amtrak shall ensure that no ,amtrak employee holding a position as of the date of enactment of the ,passenger ,rail ,reform and ,investment ,act of #bjae is involuntarily separated because of the development and implementation of the plan required by the amendments made by section #aabjg of such ,act4 4 7b7 ,technical and conforming amendments 7#a7 ,analysis ,the item related to section #bdcba in the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended to read as follows3 #bdcba4 ,amtrak food and beverage4 4 7#b7 ,amtrak authority ,section #bdcje7;c77#d7 of title #di1 ,united ,states ,code1 is amended by striking only if revenues from the services each year at least equal the cost of providing the services4 7#c7 ,contracting out ,section #aba7;c7 of the ,amtrak ,reform and ,accountability ,act of #aiig 7#di ,u4,s4,c4 #bdcab note2 #aaa ,stat4 #begd7 is amended by striking 1 other than work related to food and beverage service14 7c7 ,amtrak food and beverage working group 7#a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 ,amtrak shall establish a working group 7in this subsection referred to as the ,working ,group7 to provide recommendations on ,amtrak onboard food and beverage services4 7#b7 ,membership ,the ,working ,group shall consist of individuals representing-- 7,a7 ,amtrak2 7,b7 the labor organizations representing ,amtrak employees who prepare or provide onboard food and beverage services2 and 7,c7 nonprofit organizations representing ,amtrak passengers4 7#c7 ,recommendations 7,a7 ,in general ,the ,working ,group shall develop recommendations to increase ridership and improve customer satisfaction by-- 7i7 promoting collaboration and engagement between ,amtrak1 ,amtrak passengers1 and ,amtrak employees preparing or providing onboard food and beverage services1 prior to ,amtrak implementing changes to onboard food and beverage services2 7ii7 improving onboard food and beverage services2 and 7iii7 improving solicitation1 reception1 and consideration of passenger feedback regarding onboard food and beverage services4 7,b7 ,considerations ,in developing the recommendations under subparagraph 7,a71 the ,working ,group shall consider-- 7i7 the healthfulness of onboard food and beverages offered1 including the ability of passengers to address dietary restrictions2 7ii7 the preparation and delivery of onboard food and beverages2 7iii7 the differing needs of passengers traveling on long-distance routes1 ,state-supported routes1 and the ,northeast ,corridor2 7iv7 ,amtrak passenger survey data about the food and beverages offered on ,amtrak trains2 and 7v7 any other issue the ,working ,group determines appropriate4 7#d7 ,reports 7,a7 ,initial report ,not later than #a year after the date on which the ,working ,group is established1 the ,working ,group shall submit to the ,board of ,directors of ,amtrak1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report containing the recommendations developed under paragraph 7#c74 7,b7 ,subsequent report ,not later than #cj days after the date on which the ,working ,group submits the report required under subparagraph 7,a71 ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on whether ,amtrak agrees with the recommendations of the ,working ,group and describing any plans to implement such recommendations4 7#e7 ,prohibition on food and beverage service changes ,during the period beginning on the date of enactment of this ,act and ending #cj days after the date on which ,amtrak submits the report required under paragraph 7#d77;,b71 ,amtrak may not make changes to onboard food and beverage services1 except that ,amtrak shall reverse any changes to onboard food and beverage service made in response to the ,,covid-#ai pandemic as ,amtrak service is restored4 7#f7 ,termination ,the ,working ,group shall terminate on the date on which ,amtrak submits the report required under paragraph 7#d77;,b71 except that ,amtrak may extend such date by up to #a year if ,amtrak determines that the ,working ,group is beneficial to ,amtrak in making decisions related to onboard food and beverage services4 ,if ,amtrak extends such date1 ,amtrak shall include notification of the extension in the report required under paragraph 7#d77;,b74 7#g7 ,nonapplicability of ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app7 does not apply to the ,working ,group established under this section4 7#h7 ,long-distance route2 ,northeast ,corridor2 and ,state-supported route defined ,in this subsection1 the terms long-distance route1 ,northeast ,corridor1 and ,state-supported route have the meaning given those terms in section #bdajb of title #di1 ,united ,states ,code4 #ibab4 ,clarification on ,amtrak contracting out ,section #aba of the ,amtrak ,reform and ,accountability ,act of #aiig 7#di ,u4,s4,c4 #bdcab note2 #aaa ,stat4 #begd7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,furloughed work ,amtrak may not contract out work within the scope of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between ,amtrak and an organization representing ,amtrak employees during the period of time such employee has been laid off and has not been recalled to perform such work4 7e7 ,agreement prohibitions on contracting out ,this section does not authorize ,amtrak to contract out work if the contracting out is prohibited by a collective bargaining agreement entered into between ,amtrak and an organization representing ,amtrak employees4 4 #ibac4 ,amtrak staffing ,section #bdcab of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,call center staffing 7#a7 ,outsourcing ,amtrak may not renew or enter into a contract to outsource call center customer service work on behalf of ,amtrak1 including through a business process outsourcing group4 7#b7 ,training ,amtrak shall make available training programs to any ,amtrak call center employee carrying out customer service activities using telephone or internet platforms4 7d7 ,station agent staffing 7#a7 ,in general ,beginning on the date that is #a year after the date of enactment of the ,,train ,act1 ,amtrak shall ensure that at least #a ,amtrak ticket agent is employed at each station building-- 7,a7 that ,amtrak owns1 or operates service through1 as part of a passenger service route2 and 7,b7 for which the number of passengers boarding or deboarding an ,amtrak vehicle in fiscal year #bjai was an average of at least #dj passengers per day over all days in which the station was serviced by ,amtrak1 regardless of the number of ,amtrak vehicles servicing the station per day4 7#b7 ,exception ,this subsection does not apply to any station building in which a commuter rail ticket agent has the authority to sell ,amtrak tickets4 4 #ibad4 ,special transportation ,section #bdcjg7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a7 by striking for the following3 and inserting of at least a #bj percent discount on full-price rail fares for1 at a minimum--2 7#b7 in paragraph 7#a7 by striking the period at the end and inserting a semicolon2 and 7#c7 by striking paragraph 7#b7 and inserting the following3 7#b7 individuals of #ab years of age or younger2 7#c7 individuals with a disability1 as such term is defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7#d7 members of the ,armed ,forces on active duty 7as those terms are defined in section #aja of title #aj7 and their spouses and dependents with valid identification2 7#e7 veterans 7as that term is defined in section #aja of title #ch7 with valid identification2 and 7#f7 individuals attending federally-accredited postsecondary education institutions with valid student identification cards4 4 #ibae4 ,disaster and emergency relief program 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,disaster and emergency relief program 7a7 ,in general ,the ,secretary of ,transportation may make grants to ,amtrak for-- 7#a7 capital projects to repair1 reconstruct1 or replace equipment1 infrastructure1 stations1 and other facilities that the ,secretary determines are in danger of suffering serious damage1 or have suffered serious damage1 as a result of an emergency event2 7#b7 offset revenue lost as a result of such an event2 and 7#c7 support continued operations following emergency events4 7b7 ,coordination of emergency funds ,funds made available to carry out this section shall be in addition to any other funds available and shall not affect the ability of ,amtrak to use any other funds otherwise authorized by law4 7c7 ,grant conditions ,grants made under this subsection 7a7 shall be subject to such terms and conditions as the ,secretary determines necessary4 7d7 ,definition of emergency event ,in this section1 the term emergency event has the meaning given such term in section #bjajc4 4 7b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,disaster and emergency relief program4 4 #ibaf4 ,recreational trail access ,section #bdcae of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,recreational trail access ,at least #cj days before implementing a new policy1 structure1 or operation that affects recreational trail access1 ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate a report on such policy1 structure1 or operation and recreational trail access affected4 ,such report shall include ,amtrak's plans to mitigate the impact to such recreational trail access4 4 ,,iii ,intercity ,passenger ,rail ,policy #icja4 ,northeast ,corridor ,commission ,section #bdije of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a7 by striking members and inserting #d members2 7,b7 in subparagraph 7,b7 by striking members and inserting #e members2 and 7,c7 in subparagraph 7,d7 by striking and commuter railroad carriers using the ,northeast ,corridor selected by the ,secretary and inserting railroad carriers and commuter authorities using the ,northeast ,corridor1 as determined by the ,commission2 7#b7 by striking paragraph 7#b7 of subsection 7a7 and inserting the following3 7#b7 ,at least #b of the members described in paragraph 7#a77;,b7 shall be career appointees1 as such term is defined in section #cacb7;a7 of title #e4 2 7#c7 in subsection 7b77#c77;,b7-- 7,a7 in clause 7i7 by inserting 1 including ridership trends1 before along the ,northeast ,corridor2 7,b7 in clause 7ii7 by striking capital investment plan described in section #bdijd4 and inserting first year of the capital investment plan described in section #bdijd2 and2 and 7,c7 by adding at the end the following3 7iii7 progress in assessing and eliminating the state-of-good-repair backlog4 2 7#d7 in subsection 7c7-- 7,a7 by striking 7#a7 ,development and all that follows through standardized policy and inserting the following3 7#a7 ,policy ,the ,commission shall-- 7,a7 maintain and update1 as appropriate1 the ,northeast ,corridor ,commuter and ,intercity ,rail ,cost ,allocation ,policy approved on ,september #ag1 #bjae1 2 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,b7 by striking a proposed timetable for implementing and inserting timetables for implementing and maintaining2 7ii7 in subparagraph 7,c7 by striking the policy and the timetable and inserting updates to the policy and the timetables2 and 7iii7 by striking subparagraph 7,d7 and inserting the following3 7,d7 support the efforts of the members of the ,commission to implement the policy in accordance with such timetables2 and 2 7,c7 in paragraph 7#b7-- 7i7 by striking the first sentence and inserting ,in accordance with the timetable developed in paragraph 7#a71 ,amtrak and commuter authorities on the ,northeast ,corridor shall implement the policy developed under paragraph 7#a7 in agreements for usage of facilities or services42 7ii7 by striking fail to implement such new agreements and inserting fail to implement the policy2 and 7iii7 by striking paragraph 7#a77;,a71 as applicable and inserting paragraph 7#a72 and 7,d7 in paragraph 7#d7 by striking public authorities providing commuter rail passenger transportation and inserting commuter authorities2 7#e7 by striking subsection 7d72 7#f7 by redesignating subsection 7e7 as subsection 7d72 and 7#g7 in paragraph 7#a77;,d7 of subsection 7d7 7as redesignated by paragraph 7#f77 by striking commuter rail agencies and inserting commuter authorities4 #icjb4 ,northeast ,corridor planning 7a7 ,in general ,section #bdijd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 7#b7 by striking subsection 7c72 7#c7 by redesignating subsections 7a7 and 7b7 as subsections 7b7 and 7c71 respectively2 7#d7 by inserting before subsection 7b71 as so redesignated1 the following3 7a7 ,strategic development plan 7#a7 ,requirement ,not later than ,december #ca1 #bjba1 the ,northeast ,corridor ,commission established under section #bdije 7referred to in this section as the ,commission7 shall submit to ,congress a strategic development plan that identifies key state-of-good-repair1 capacity expansion1 and capital improvement projects planned for the ,northeast ,corridor1 to upgrade aging infrastructure and improve the reliability1 capacity1 connectivity1 performance1 and resiliency of passenger rail service on the ,northeast ,corridor4 7#b7 ,contents ,the strategic development plan required under paragraph 7#a7 shall-- 7,a7 provide a coordinated and consensus-based plan covering a period of #ae years2 7,b7 identify service objectives and capital investments needs2 7,c7 provide a delivery-constrained strategy that identifies capital investment phasing1 an evaluation of workforce needs1 and strategies for managing resources and mitigating construction impacts on operations2 7,d7 include a financial strategy that identifies funding needs and potential sources and includes an economic impact analysis2 and 7,e7 be updated at least every #e years4 2 7#e7 in subsection 7b7 7as redesignated by paragraph 7#c77-- 7,a7 by striking ,not later than and all that follows through shall and inserting ,not later than ,november #a of each year1 the ,commission shall2 7,b7 in paragraph 7#a77;,a7 by striking a capital investment plan and inserting an annual capital investment plan2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7 by striking and network optimization2 7ii7 in subparagraph 7,b7 by striking and service2 7iii7 in subparagraph 7,c7 by striking first fiscal year after the date on which and inserting fiscal year during which2 7iv7 in subparagraph 7,d7 by striking identify1 prioritize1 and all that follows through and consider and inserting document the projects and programs being undertaken to achieve the service outcomes identified in the ,northeast ,corridor strategic development plan1 once available1 and the asset condition needs identified in the ,northeast ,corridor asset management plans and consider2 and 7v7 in subparagraph 7,e77i7 by striking normalized capital replacement and2 and 7,d7 in paragraph 7#c77;,b7 by striking expected allocated shares of costs and inserting status of cost sharing agreements2 7#f7 in subsection 7c7 7as redesignated by paragraph 7#c77 by striking may be spent only on and all that follows through the end and inserting may be spent only on capital projects and programs contained in the ,commission's capital investment plan from the previous year42 and 7#g7 by striking subsections 7d7 and 7e7 and inserting the following3 7d7 ,review and coordination ,the ,commission shall gather information from ,amtrak1 the ,states in which the ,northeast ,corridor is located1 and commuter rail authorities to support development of the capital investment plan4 ,the ,commission may specify a format and other criteria for the information submitted4 ,submissions to the plan from ,amtrak1 ,states in which the ,northeast ,corridor are located1 and commuter rail authorities shall be provided to the ,commission in a manner that allows for a reasonable period of review by1 and coordination with1 affected agencies4 7e7 ,northeast corridor asset management 7#a7 ,contents ,with regard to existing infrastructure1 ,amtrak and other infrastructure owners that provide or support intercity rail passenger transportation on the ,northeast ,corridor shall develop an asset management system1 and use and update such system as necessary1 to develop submissions to the ,northeast ,corridor capital investment plan described in subsection 7b74 ,such system shall-- 7,a7 be consistent with the ,federal ,transit ,administration process1 as authorized under section #ecbf1 when implemented2 and 7,b7 include1 at a minimum-- 7i7 an inventory of all capital assets owned by the developer of the plan2 7ii7 an assessment of asset condition2 7iii7 a description of the resources and processes necessary to bring or maintain those assets in a state of good repair2 and 7iv7 a description of changes in asset condition since the previous version of the plan4 4 7b7 ,conforming amendments 7#a7 ,accounts ,section #bdcag7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,b7 by striking #bdijd7;a77#b77;,e7 and inserting #bdijd7;b77#b77;,e72 and 7,b7 in subparagraph 7,f7 by striking #bdijd7;b7 and inserting #bdijd7;c74 7#b7 ,federal-,state partnership for state of good repair ,section #bdiaa7;e77#b7 of title #di1 ,united ,states ,code1 is amended by striking #bdijd7;a7 and inserting #bdijd7;b74 #icjc4 ,protective arrangements ,section #bbije of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c77#b77;,b7 by striking that are equivalent to the protective arrangements established under section #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hcf7 and inserting established by the ,secretary under subsection 7e77#a72 7#b7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 and 7#c7 by inserting after subsection 7d7 the following3 7e7 ,equivalent employee protections 7#a7 ,establishment ,not later than #ij days after the date of enactment of this subsection1 the ,administrator of the ,federal ,railroad ,administration shall establish protective arrangements equivalent to those established under section #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hcf71 and require such protective arrangements to apply to employees described under subsection 7c77#b77;,b7 and as required under subsection 7l7 of section #bbijg4 7#b7 ,publication ,the ,administrator shall make available on a publicly available website the protective arrangements established under paragraph 7#a74 4 #icjd4 ,high-speed rail funds 7a7 ,in general ,notwithstanding any other provision of law and not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall reinstate any cooperative agreement terminated after ,january #a1 #bjai that was originally entered into under the heading ,capital ,assistance for ,high ,speed ,rail ,corridors and ,intercity ,passenger ,rail ,service in the ,department of ,transportation ,appropriations ,act1 #bjaj 7,public ,law #aaa-aag74 7b7 ,inclusion ,the reinstatement under subsection 7a7 shall include the obligation to such agreement of all of the funds obligated to such agreement as of the date of termination of such agreement4 ,,iv ,commuter ,rail ,policy #idja4 ,surface ,transportation ,board mediation of trackage use requests ,section #bhejb of title #di1 ,united ,states ,code1 is amended to read as follows3 #bhejb4 ,surface ,transportation ,board mediation of trackage use requests ,a rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to trackage and provision of related services4 ,if1 after a reasonable period of negotiation1 a public transportation authority cannot reach agreement with a rail carrier to use trackage of1 and have related services provided by1 the rail carrier for purposes of commuter rail passenger transportation1 the public transportation authority or the rail carrier may apply to the ,board for nonbinding mediation4 ,the ,board shall conduct the nonbinding mediation in accordance with the mediation process of section #aaji4d of title #di1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,,train ,act4 4 #idjb4 ,surface ,transportation ,board mediation of rights-of-way use requests ,section #bhejc of title #di1 ,united ,states ,code1 is amended to read as follows3 #bhejc4 ,surface ,transportation ,board mediation of rights-of-way use requests ,a rail carrier shall provide good faith consideration to a reasonable request from a provider of commuter rail passenger transportation for access to rail right-of-way for the construction and operation of a segregated fixed guideway facility4 ,if1 after a reasonable period of negotiation1 a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation1 the public transportation authority or the rail carrier may apply to the ,board for nonbinding mediation4 ,the ,board shall conduct the nonbinding mediation in accordance with the mediation process of section #aaji4d of title #di1 ,code of ,federal ,regulations1 as in effect on the date of enactment of the ,,train ,act4 4 ,v ,rail ,safety ,a ,passenger and ,freight ,safety #ieja4 ,national ,academies study on safety impact of trains longer than #g1ejj feet 7a7 ,study ,the ,secretary of ,transportation shall seek to enter into an agreement with the ,national ,academies to conduct a study and issue to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the safety impacts of freight trains longer than #g1ejj feet4 7b7 ,contents ,the study conducted pursuant to subsection 7a7 shall include-- 7#a7 an examination of any potential risks of the operation of such trains and recommendations on mitigation of such risks2 7#b7 among other safety factors with respect to such trains1 an evaluation of-- 7,a7 any increased risk of loss of communications between the end of train device and the locomotive cab1 including communications over differing terrains and conditions2 7,b7 any increased risk of loss of communications between crewmembers1 including communications over differing terrains and conditions2 7,c7 any increased risk of derailments1 including risks associated with in-train compressive forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions2 7,d7 safety risks associated with the deployment of multiple distributed power units in the consists of such trains2 and 7,e7 impacts of the length of trains on braking and locomotive performance and track wear and tear2 and 7#c7 an evaluation of whether additional engineer and conductor training is required for safely operating such trains4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the study4 7d7 ,funding ,from the amounts made available for fiscal year #bjba to carry out section #bjaag7;a7 of title #di1 ,united ,states ,code1 the ,secretary shall expend not less than #a1jjj1jjj and not more than #b1jjj1jjj to carry out the study required under subsection 7a74 #iejb4 ,,gao study on changes in freight railroad operating and scheduling practices 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall study the impact on freight rail shippers1 ,amtrak1 commuter railroads1 railroad employees1 and other affected parties of changes in freight railroad operating and scheduling practices as a result of the implementation of the precision scheduled railroading model4 7b7 ,contents ,at minimum1 the study shall examine-- 7#a7 the impacts of the operation of longer trains2 7#b7 safety impacts of reduction in workforce1 including occupational injury rates1 impacts to inspection frequencies and repair quality1 and changes in workforce demands2 7#c7 the elimination or downsizing of yards1 repair facilities1 and other operational facilities2 7#d7 increases in demurrage or accessorial charges or other costs to shippers2 7#e7 capital expenditures for rail infrastructure2 and 7#f7 the effect of changes to dispatching practices and locations of dispatching centers on-- 7,a7 the on-time performance of passenger trains1 and 7,b7 the quality and reliability of service to freight shippers4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report summarizing the study and the results of such study1 including recommendations for addressing any negative impacts of precision scheduled railroading on freight shippers or passenger railroads4 #iejc4 ,,fra safety reporting 7a7 ,in general ,section #bjija of title #di1 ,united ,states ,code1 is amended by inserting 7including the train length1 the number of crew members on board the train1 and the duties of such crew members7 after reported accident or incident4 7b7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to carry out the amendment made by subsection 7a74 #iejd4 ,waiver notice requirements ,section #bjajc7;d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7d7 ,nonemergency waivers 7#a7 ,in general ,the ,secretary may waive compliance with any part of a regulation prescribed or order issued under this chapter if the waiver is in the public interest and consistent with railroad safety4 7#b7 ,notice required ,the ,secretary shall-- 7,a7 provide timely public notice of any request for a waiver under this subsection2 7,b7 make the application for such waiver and any related underlying data available to interested parties2 7,c7 provide the public with notice and a reasonable opportunity to comment on a proposed waiver under this subsection before making a final decision2 and 7,d7 make public the reasons for granting a waiver under this subsection4 7#c7 ,information protection ,nothing in this subsection shall be construed to require the release of information protected by law from public disclosure4 4 #ieje4 ,notice of ,,fra comprehensive safety assessments 7a7 ,initial notice ,not later than #aj business days after the ,federal ,railroad ,administration initiates a comprehensive safety assessment of an entity providing regularly scheduled intercity or commuter rail passenger transportation1 the ,federal ,railroad ,administration shall notify in electronic format the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and each member of ,congress representing a ,state in which the service that is the subject of the assessment being conducted is located1 of the initiation of such assessment4 7b7 ,findings ,not later than #ij days after completion of a comprehensive safety assessment described in subsection 7a71 the ,federal ,railroad ,administration shall transmit in electronic format to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and to each member of ,congress representing a ,state in which the service that is the subject of the assessment being conducted is located1 the findings of such assessment1 including identified defects and any recommendations4 7c7 ,definition of comprehensive safety assessment ,in this section1 the term comprehensive safety assessment means a focused review of the safety-related processes and procedures1 compliance with safety regulations and requirements1 and overall safety culture of an entity providing regularly scheduled intercity or commuter rail passenger transportation4 #iejf4 ,,fra accident and incident investigations ,section #bjijb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by striking subpena and inserting subpoena2 and 7#b7 by adding at the end the following3 7d7 ,gathering information and technical expertise 7#a7 ,in general ,the ,secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate to1 and how to-- 7,a7 gather information about an accident or incident under investigation from railroad carriers1 contractors or employees of railroad carriers or representatives of employees of railroad carriers1 and others1 as determined relevant by the ,secretary2 and 7,b7 consult with railroad carriers1 contractors or employees of railroad carriers or representatives of employees of railroad carriers1 and others1 as determined relevant by the ,secretary1 for technical expertise on the facts of the accident or incident under investigation4 7#b7 ,confidentiality ,in developing the process under paragraph 7#a71 the ,secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph 7#a7 if-- 7,a7 such entity requests confidentiality2 7,b7 such entity was not involved in the accident or incident2 and 7,c7 maintaining such entity's confidentiality does not adversely affect an investigation of the ,federal ,railroad ,administration4 7#c7 ,application of law ,this subsection shall not apply to any investigation carried out by the ,national ,transportation ,safety ,board4 4 #iejg4 ,rail safety improvements 7a7 ,federal railroad administration requirements ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall carry out the following3 7#a7 ,complete a study on how signage can be used to improve safety in the rail industry that includes-- 7,a7 a review of how signs used for other modes of transportation may be effectively used in the rail industry2 7,b7 a review of how signs used in the railroad industry differ2 and 7,c7 an analysis of whether a uniform system for speed signs across the ,united ,states rail system would benefit the railroad industry and improve safety4 7#b7 ,reevaluate seat securement mechanisms and the susceptibility of such mechanisms to inadvertent rotation1 and identify a means to prevent the failure of such mechanisms to maintain seat securement4 7#c7 ,conduct research to evaluate the causes of passenger injuries in passenger railcar derailments and overturns and evaluate potential methods for mitigating such injuries4 7#d7 ,based on the research conducted under paragraph 7#c71 develop occupant protection standards for passenger railcars that will mitigate passenger injuries likely to occur during derailments and overturns4 7#e7 ,develop policies for the safe use of child seats to prevent uncontrolled or unexpected movements in intercity passenger trains from disrupting the secure position of such seats4 7b7 ,requirements for ,amtrak ,not later than #ah months after the date of enactment of this ,act1 ,amtrak shall-- 7#a7 ensure operating crewmembers demonstrate proficiency1 under daylight and nighttime conditions1 on the physical characteristics of a territory by using all resources available1 including in-cab instruments1 observation rides1 throttle time1 signage1 signals1 and landmarks2 7#b7 ensure the proficiency required under paragraph 7#a7 is demonstrated on written examinations2 7#c7 revise classroom and road training programs to ensure that operating crews fully understand all locomotive operating characteristics1 alarms1 and the appropriate response to abnormal conditions2 7#d7 require that all engineers undergo simulator training before operating new or unfamiliar equipment 7at a minimum1 experience and respond properly to all alarms71 and when possible1 undergo simulator training to experience normal and abnormal conditions on new territory before operating in revenue service on such new territory2 7#e7 ensure that simulator training specified in paragraph 7#d7 supplements the hours engineers spend training on new equipment before becoming certified on such equipment and performing runs on new territory before becoming qualified on such territory2 7#f7 implement a formal1 systematic approach to developing training and qualification programs to identify the most effective strategies for preparing crewmembers to safely operate new equipment on new territories2 7#g7 work with host railroads and ,states that own infrastructure over which ,amtrak operates to complete a comprehensive assessment of the territories to ensure that necessary wayside signs and plaques are identified1 highly noticeable1 and strategically located to provide operating crews the information needed to safely operate trains2 7#h7 update the safety review process to ensure that all operating documents are up to date and accurate before initiating new or revised revenue operations2 7#i7 incorporate all prerevenue service planning1 construction1 and route verification work into the scope of a corporate-wide system safety plan1 including through rules and policies1 risk assessment analyses1 safety assurances1 and safety promotions2 and 7#aj7 conduct risk assessments on all new or upgraded services that occur on ,amtrak-owned territory1 host railroads1 or in ,states that own infrastructure over which ,amtrak operates4 7c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary and ,amtrak shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on their progress on meeting the requirements under subsections 7a7 and 7b71 respectively1 including a description of all completed elements of the requirements4 #iejh4 ,annual review of speed limit action plans ,section #aadjf of the ,,fast ,act 7,public ,law #aad-id7 is amended-- 7#a7 in subsection 7c7 by inserting or subsection 7d77#b7 after subsection 7b72 7#b7 by redesignating subsections 7d7 through 7f7 as subsections 7e7 through 7g71 respectively2 7#c7 by inserting after subsection 7c7 the following3 7d7 ,periodic reviews and updates ,each railroad carrier that files an action plan under subsection 7b7 shall-- 7#a7 not later than #a year after the date of enactment of the ,,train ,act1 and annually thereafter1 review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under subsection 7b77#a72 and 7#b7 not later than #ij days prior to implementing any operational or territorial operating change1 including initiating a new service or route1 submit to the ,secretary a revised action plan that addresses such operational or territorial operating change4 2 and 7#d7 by adding at the end the following3 7h7 ,prohibition ,no new intercity rail passenger transportation or commuter rail passenger service may begin operation unless the railroad carrier providing such service is in compliance with this section4 4 #ieji4 ,freight train crew size safety standards 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafi4 ,freight train crew size safety standards 7a7 ,minimum crew size ,no freight train may be operated unless such train has a crew of at least #a appropriately qualified and certified conductor and #a appropriately qualified and certified engineer4 7b7 ,exceptions ,except as provided in subsection 7d71 the prohibition in subsection 7a7 shall not apply in the following circumstances3 7#a7 ,train operations within a rail yard or terminal area or on auxiliary or industry tracks4 7#b7 ,a train operated-- 7,a7 by a railroad carrier that has fewer than #djj1jjj total employee work hours annually and less than #bj1jjj1jjj annual revenue2 7,b7 at a speed of not more than #be miles per hour2 and 7,c7 on a track with an average track grade of less than #b percent for any segment of track that is at least #b continuous miles4 7#c7 ,locomotives performing assistance to a train that has incurred mechanical failure or lacks the power to traverse difficult terrain1 including traveling to or from the location where assistance is provided4 7#d7 ,locomotives that-- 7,a7 are not attached to any equipment or attached only to a caboose2 and 7,b7 do not travel farther than #cj miles from a rail yard4 7#e7 ,train operations staffed with fewer than a #b-person crew at least #a year prior to the date of enactment of this section1 if the ,secretary determines that the operation achieves an equivalent level of safety4 7c7 ,trains ineligible for exception ,the exceptions under subsection 7b7 may not be applied to-- 7#a7 a train transporting #a or more loaded cars carrying material toxic by inhalation1 as defined in section #aga4h of title #di1 ,code of ,federal ,regulations2 7#b7 a train carrying #bj or more loaded tank cars of a ,class #b material or a ,class #c flammable liquid in a continuous block or a single train carrying #ce or more loaded tank cars of a ,class #b material or a ,class #c flammable liquid throughout the train consist2 and 7#c7 a train with a total length of #g1ejj feet or greater4 7d7 ,waiver ,a railroad carrier may seek a waiver of the requirements of this section pursuant to section #bjajc7;d74 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafi4 ,freight train crew size safety standards4 4 #ieaj4 ,safe cross border operations 7a7 ,in general ,section #daf title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjajg note7 is amended-- 7#a7 by striking ,mechanical and brake and inserting 7a7 ,in general4--,mechanical and brake2 and 7#b7 by adding at the end the following3 7b7 ,waiver ,the ,secretary may not grant any waiver or waiver modification that provides for the ability to perform mechanical or brake inspections of rail cars in ,mexico in lieu of complying with the certification requirements of this section4 4 7b7 ,safety standards for certain rail crews 7#a7 ,in general ,title ,,iv of division ,a of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb7 is amended by adding at the end the following3 #dba4 ,safety standards for certain rail crews 7a7 ,in general ,the ,secretary of ,transportation may not permit covered rail employees to enter the ,united ,states to perform train or dispatching service unless the ,secretary certifies that-- 7#a7 ,mexico has adopted and is enforcing safety standards for covered rail employees that are equivalent to1 or greater than1 those applicable to railroad employees whose primary reporting point is in the ,united ,states1 including qualification and certification requirements under parts #bdj and #bdb of title #di1 ,code of ,federal ,regulations2 7#b7 covered rail employees are subject to the alcohol and drug testing requirements in part #bai of title #di1 ,code of ,federal ,regulations1 including the requirements of subparts ,f1 ,g1 and ,h of such part1 to the same extent as such requirements apply to railroad employees whose primary reporting point is in the ,united ,states and who are subject to such part2 7#c7 covered rail employees are subject to hours of service requirements under section #baajc of title #di1 ,united ,states ,code1 at all times any such employee is on duty1 regardless of location2 7#d7 covered rail employees are subject to the motor vehicle driving record evaluation requirements in section #bdj4aae of title #di1 ,code of ,federal ,regulations1 to the same extent as such requirements apply to railroad employees whose primary reporting point is in the ,united ,states and are subject to such section1 and that such evaluation includes driving records from the same country as the employee's primary reporting point2 and 7#e7 the ,federal ,railroad ,administration is permitted to perform onsite inspections of rail facilities in ,mexico to ensure compliance with paragraphs 7#a7 and 7#b74 7b7 ,notice required 7#a7 ,in general ,not later than #e days after the date on which the ,secretary certifies each of the requirements under paragraphs 7#a7 through 7#e7 of subsection 7a71 the ,secretary shall publish in the ,federal ,register-- 7,a7 notice of each such certification2 and 7,b7 documentation supporting each such certification4 7#b7 ,public comment ,to ensure compliance with the requirements of this section and any other applicable safety requirements1 the ,secretary shall-- 7,a7 allow for public comment on the notice required under paragraph 7#a72 and 7,b7 hold a public hearing on such notice4 7#c7 ,congressional notice ,on the date on which each publication required under paragraph 7#a7 is published in the ,federal ,register1 the ,secretary shall notify the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate of such publication4 7c7 ,drug and alcohol testing 7#a7 ,nonapplication of exemption ,for purposes of compliance with subsection 7a77#b71 the exemption contained in part #bai4c7;d77#b7 of title #di1 ,code of ,federal ,regulations1 shall not apply4 7#b7 ,audit by ,office of ,drug and ,alcohol ,compliance ,to ensure compliance with the drug and alcohol testing programs described in subsection 7a77#b71 the ,office of ,drug and ,alcohol ,compliance in the ,department of ,transportation shall conduct an annual audit of such programs and recommend enforcement actions as needed4 7d7 ,definition of covered rail employee ,in this section1 the term covered rail employee means a railroad employee whose primary reporting point is in ,mexico4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,rail ,safety ,improvement ,act of #bjjh 7,public ,law #aaj-dcb71 is amended by inserting after the item relating to section #dbj the following3 ,sec4 #dba4 ,safety standards for certain rail crews4 4 #ieaa4 ,yardmasters hours of service 7a7 ,limitations on duty hours of yardmaster employees ,section #baajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading by inserting and yardmaster employees after train employees2 7#b7 by inserting or yardmaster employee after train employee each place it appears2 and 7#c7 in subsection 7e7 by inserting or yardmaster employee's after ,during a train employee's4 7b7 ,definitions ,section #baaja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c7 by inserting a yardmaster employee1 after dispatching service employee12 and 7#b7 by adding at the end the following3 7#f7 yardmaster employee means an individual responsible for supervising and coordinating the control of trains and engines operating within a rail yard4 4 7c7 ,conforming amendment ,the analysis for chapter #baa of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #baajc and inserting the following3 #baajc4 ,limitations on duty hours of train employees and yardmaster employees4 4 #ieab4 ,leaking brakes ,the ,administrator of the ,federal ,railroad ,administration shall take such actions as are necessary to ensure that no ,,db-#fj air brake control valve manufactured before ,january #a1 #bjjf1 is equipped on a rail car operating on-- 7#a7 a unit train north of the #cgth parallel on or after ,august #a1 #bjbb2 or 7#b7 a non-unit train north of the #cgth parallel on or after ,august #a1 #bjbd4 #ieac4 ,annual report on ,,ptc system failures ,section #bjaeg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,annual report of system failures ,not later than ,april #af of each calendar year following the date of an implementation deadline under subsection 7a77#a71 each railroad shall submit to the ,secretary a report containing the number of positive train control system failures1 separated by each major hardware category1 that occurred during the previous calendar year4 4 #iead4 ,fatigue reduction pilot projects 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 maintaining the highest level of safety across the nation's railroad network is of critical importance2 7#b7 ensuring the safety of rail transportation requires the full attention of all workers engaged in safety-critical functions2 7#c7 fatigue degrades an individual's ability to stay awake1 alert1 and attentive to the demands of safe job performance2 7#d7 the cognitive impairments to railroad workers that result from fatigue can cause dangerous situations that put workers and communities at risk2 7#e7 the ,rail ,safety ,improvement ,act of #bjjh mandated that the ,federal ,railroad ,administration conduct two pilot projects to analyze specific practices that may be used to reduce fatigue in employees and as of the date of enactment of this ,act1 neither pilot project has commenced2 and 7#f7 the ,federal ,railroad ,administration should coordinate with the industry and the workforce to commence and complete the fatigue pilot projects mandated in #bjjh4 7b7 ,pilot projects ,section #baaji7;e7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,not later than #b years after the date of enactment of the ,rail ,safety ,improvement ,act of #bjjh and inserting ,not later than #a year after the date of enactment of the ,,train ,act2 and 7#b7 by adding at the end the following3 7#c7 ,coordination ,the pilot projects required under subparagraph 7#a7 shall be developed and evaluated in coordination with the labor organization representing the class or craft of employees impacted by the pilot projects4 4 7c7 ,reimbursement ,the ,secretary of ,transportation may reimburse railroads participating in the pilot projects under #baaji7;e7 of title #di1 ,united ,states ,code1 a share of the costs associated with the pilot projects1 as determined by the ,secretary4 7d7 ,report 7#a7 ,in general ,if the pilot projects required under section #baaji7;e7 of title #di1 ,united ,states ,code1 have not commenced on the date that is #a year after the date of enactment of this ,act1 the ,secretary shall1 not later than #a year and #cj days after the date of enactment of this ,act1 transmit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report describing-- 7,a7 the status of the pilot projects2 7,b7 actions the ,federal ,railroad ,administration has taken to commence the pilot projects1 including efforts to recruit participant railroads2 7,c7 any challenges impacting the commencement of the pilot projects2 and 7,d7 any other details associated with the development of the pilot projects that affect the progress toward meeting the mandate of such section4 #ieae4 ,assault prevention and response plans 7a7 ,amendment ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagj4 ,assault prevention and response plans 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,,train ,act1 any entity that provides regularly scheduled intercity or commuter rail passenger transportation shall submit to the ,secretary of ,transportation for review and approval an assault prevention and response plan 7in this section referred to as the ,plan7 to address transportation assaults4 7b7 ,contents of plan ,the ,plan required under subsection 7a7 shall include-- 7#a7 procedures that-- 7,a7 facilitate the reporting of a transportation assault1 including the notification of on-site personnel1 rail law enforcement1 and local law enforcement2 7,b7 personnel should follow up on the reporting of a transportation assault1 including actions to protect affected individuals from continued assault2 7,c7 may be taken to remove the passenger or personnel who has committed a transportation assault from the train or related area or facility as soon as practicable when appropriate2 7,d7 include protections and safe reporting practices for passengers who may have been assaulted by personnel2 and 7,e7 may limit or prohibit1 to the extent practicable1 future travel with the entity described in subsection 7a7 by any passenger or personnel who commits a transportation assault against personnel or passengers2 7#b7 a policy that ensures an employee who is a victim or witness of a transportation assault may participate in the prosecution of a criminal offense of such assault without any adverse effect on the victim's or witnesses' employment status2 and 7#c7 a process and timeline for conducting an annual review and update of the ,plan4 7c7 ,notice to passengers ,an entity described under subsection 7a7 shall display onboard trains and in boarding areas1 as appropriate1 a notice stating the entity's abilities to restrict future travel under subsection 7b77#a77;,e74 7d7 ,personnel training ,an entity described under subsection 7a7 shall provide initial and annual training for all personnel on the contents of the ,plan1 including training regarding-- 7#a7 the procedures described in subsection 7b72 7#b7 methods for responding to hostile situations1 including de-escalation training2 and 7#c7 rights and responsibilities of personnel with respect to a transportation assault on themselves1 other personnel1 or passengers4 7e7 ,personnel participation ,the ,plan required under subsection 7a7 shall be developed and implemented with the direct participation of personnel1 and1 as applicable1 labor organizations representing personnel4 7f7 ,reporting 7#a7 ,incident notification 7,a7 ,in general ,not later than #aj days after a transportation assault incident1 the applicable entity described in subsection 7a7 shall notify personnel employed at the location in which the incident occurred4 ,in the case of an incident on a vehicle1 such entity shall notify personnel regularly scheduled to carry out employment activities on the service route on which the incident occurred4 7,b7 ,content of incident report ,the notification required under paragraph 7#a7 shall-- 7i7 include a summary of the incident2 and 7ii7 be written in a manner that protects the confidentiality of individuals involved in the incident4 7#b7 ,annual report ,for each calendar year1 each entity with respect to which a transportation assault incident has been reported during such year shall submit to the ,secretary report that describes-- 7,a7 the number of assault incidents reported to the entity1 including-- 7i7 the number of incidents committed against passengers2 and 7ii7 the number of incidents committed against personnel2 and 7,b7 the number of assault incidents reported to rail or local law enforcement by personnel of the entity4 7#c7 ,publication ,the ,secretary shall make available to the public on the primary website of the ,federal ,railroad ,administration the data collected under paragraph 7#b74 7#d7 ,data protection ,data made available under this subsection shall be made available in a manner that protects the confidentiality of individuals involved in transportation assault incidents4 7g7 ,definition of transportation assault ,in this section1 the term transportation assault means the occurrence1 or reasonably suspected occurrence1 of an act that-- 7#a7 constitutes assault2 7#b7 is committed by a passenger or member of personnel of an entity that provides regularly scheduled intercity or commuter rail passenger transportation against another passenger or member of personnel of such entity2 and 7#c7 takes place-- 7,a7 within a vehicle of such entity2 or 7,b7 in an area in which passengers are entering or exiting a vehicle described in subparagraph 7,a72 or 7,c7 a station or facility where such entity operates1 regardless of ownership of the station or facility4 4 7b7 ,conforming amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagj4 ,assault prevention and response plan4 4 #ieaf4 ,critical incident stress plans ,the ,secretary of ,transportation shall issue such regulations as are necessary to amend part #bgb of title #di1 ,code of ,federal ,regulations1 to ensure that-- 7#a7 the coverage of a critical incident stress plan under section #bgb4g of such part includes employees of commuter railroads and intercity passenger railroads1 as such terms are defined in section #bgb4i of such part1 who directly interact with passengers2 and 7#b7 assault and the witnessing of an assault against an employee or train passenger is included in the definition of critical incident under section #bgb4i of such part4 #ieag4 ,study on safety culture assessments 7a7 ,in general ,the ,administrator of the ,federal ,railroad ,administration shall conduct a study on the feasibility of expanding railroad safety culture assessments and training to include assessments and training for workers employed by tourist railroads1 passenger railroads1 and commuter railroads4 7b7 ,contents of study ,the study required under subsection 7a7 shall include-- 7#a7 an analysis on the need for the expansion2 7#b7 the resources required to carry out the additional assessments and training2 and 7#c7 other potential safety challenges the initiative could address4 7c7 ,report ,the ,federal ,railroad ,administration shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the results of the study conducted under subsection 7a74 ,b ,grade ,crossing ,safety #ieea4 ,grade crossing separation grant 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjaga4 ,grade crossing separation grants 7a7 ,general authority ,the ,secretary of ,transportation shall make grants under this section to eligible entities to assist in financing the cost of highway-rail grade separation projects4 7b7 ,application requirements ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application in such form1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 an agreement between the entity that owns or controls the right-of-way and the applicant addressing access to right-of-way throughout the project2 and 7#b7 a cost-sharing agreement with the funding amounts that the entity that owns or controls the right-of-way shall contribute to the project1 which shall be not less than #aj percent of the total project cost4 7c7 ,eligible projects ,the following projects are eligible to receive a grant under this section3 7#a7 ,installation1 repair1 or improvement of grade crossing separations4 7#b7 ,grade crossing elimination incidental to eligible grade crossing separation projects4 7#c7 ,project planning1 development1 and environmental work related to a project described in paragraph 7#a7 or 7#b74 7d7 ,project selection criteria 7#a7 ,large projects ,of amounts made available to carry out this section1 not more than #ej percent shall be available for projects with total costs of #ajj1jjj1jjj or greater4 7#b7 ,considerations ,in awarding grants under this section1 the ,secretary-- 7,a7 shall give priority to projects that maximize the safety benefits of ,federal funding2 and 7,b7 may evaluate applications on the safety profile of the existing crossing1 #aj-year history of accidents at such crossing1 inclusion of the proposed project on a grade crossing safety action plan1 average automobile traffic1 freight train traffic1 average daily number of crossing closures1 and proximity of community resources1 including schools1 hospitals1 fire stations1 police stations1 and emergency medical service facilities4 7e7 ,federal share of total project costs 7#a7 ,total project costs ,the ,secretary shall estimate the total costs of a project under this section based on the best available information1 including any available engineering studies1 studies of economic feasibility1 environmental analysis1 and information on the expected use of equipment or facilities4 7#b7 ,federal share 7,a7 ,projects over #dj1jjj1jjj ,for projects exceeding #dj1jjj1jjj in total project costs1 the ,federal share under this section for such project shall not exceed #fe percent4 7,b7 ,projects under #dj1jjj1jjj ,for projects not exceeding #dj1jjj1jjj in total project costs1 the ,federal share under this section for such project shall not exceed #he percent4 7f7 ,grant conditions ,an eligible entity may not receive a grant for a project under this section unless such project is in compliance with section #bbije1 except that #bbije7;b7 shall only apply to a person that conducts rail operations4 7g7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a public agency or publicly chartered authority2 7,c7 a metropolitan planning organization2 7,d7 a political subdivision of a ,state2 and 7,e7 a ,tribal government4 7#b7 ,metropolitan planning organization ,the term metropolitan planning organization has the meaning given such term in section #acd7;b7 of title #bc4 7#c7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjaga4 ,grade crossing separation grants4 4 #ieeb4 ,rail safety public awareness grant 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagb4 ,rail safety public awareness grants 7a7 ,grant ,the ,administrator of the ,federal ,railroad ,administration shall make grants to eligible entities to carry out public information and education programs to help prevent and reduce rail-related pedestrian1 motor vehicle1 and other accidents1 incidents1 injuries1 and fatalities1 and to improve awareness along railroad rights-of-way and at railway-highway grade crossings4 7b7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,administrator an application in such form1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,contents ,programs eligible for a grant under this section-- 7#a7 shall include1 as appropriate-- 7,a7 development1 placement1 and dissemination of public service announcements in appropriate media2 7,b7 school presentations1 driver safety education1 materials1 and public awareness campaigns2 and 7,c7 disseminating information to the public on how to identify and report to the appropriate authorities unsafe or malfunctioning highway-rail grade crossings2 and 7#b7 may include targeted and sustained outreach in communities at greatest risk to develop measures to reduce such risk4 7d7 ,coordination ,eligible entities shall coordinate program activities with local communities1 law enforcement and emergency responders1 and rail carriers1 as appropriate1 and ensure consistency with ,state highway-rail grade crossing action plans required under section #aadja7;b7 of the ,,fast ,act 7#di ,u4,s4,c4 #bbeja note7 and the report titled ,national ,strategy to ,prevent ,trespassing on ,railroad ,property issued by the ,federal ,railroad ,administration in ,october #bjah4 7e7 ,prioritization ,in awarding grants under this section1 the ,administrator shall give priority to applications for programs that-- 7#a7 are nationally recognized2 7#b7 are targeted at schools in close proximity to railroad rights-of-way2 7#c7 partner with nearby railroad carriers2 or 7#d7 focus on communities with a recorded history of repeated grade crossing accidents4 7f7 ,definitions ,in this section3 7#a7 ,eligible entity the term eligible entity means-- 7,a7 a nonprofit organization2 7,b7 a ,state2 7,c7 a political subdivision of a ,state2 and 7,d7 a law enforcement agency or emergency response organization4 7#b7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagb4 ,rail safety public awareness grants4 4 #ieec4 ,establishment of #aj-minute time limit for blocking public grade crossings 7a7 ,in general ,subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 as amended by this division1 is further amended by adding at the end the following3 #bjagc4 ,time limit for blocking a rail crossing 7a7 ,time limit ,a train1 locomotive1 railroad car1 or other rail equipment is prohibited from blocking a crossing for more than #aj minutes1 unless the train1 locomotive1 or other equipment is directly delayed by-- 7#a7 a casualty or serious injury2 7#b7 an accident2 7#c7 a track obstruction2 7#d7 an act of ,god2 or 7#e7 a derailment or a major equipment failure that prevents the train from advancing4 7b7 ,civil penalty ,the ,secretary of ,transportation may issue civil penalties for violations of subsection 7a7 in accordance with section #bacja4 7c7 ,delegation ,the ,secretary may delegate enforcement actions under subsection 7b7 to ,states either through a ,state inspector certified by the ,federal ,railroad ,administration1 or other law enforcement officials as designated by the ,states and approved by the ,administration4 ,the ,secretary shall issue guidance or regulations not later than #a year after the date of enactment on the criteria and process for ,states to gain approval under this section4 7d7 ,application to ,amtrak and commuter railroads ,this section shall not apply to ,amtrak or commuter authorities1 including ,amtrak and commuter authorities' operations run or dispatched by a ,class ,i railroad4 7e7 ,definitions ,in this section3 7#a7 ,crossing ,the term crossing means a location within a ,state in which a public highway1 road1 or street1 including associated sidewalks and pathways1 crosses #a or more railroad tracks either at grade or grade-separated4 7#b7 ,blocked crossing ,the term blocked crossing means a circumstance in which a train1 locomotive1 railroad car1 or other rail equipment is stopped or is standing in a manner that obstructs public travel at a crossing4 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #bja of title #di1 ,united ,states ,code1 is further amended by adding at the end the following new item3 #bjagc4 ,time limit for blocking a rail crossing4 4 #ieed4 ,national strategy to address blocked crossings 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and make publicly available on the website of the ,department of ,transportation1 a report containing a national strategy to address blocked crossings4 7b7 ,public law #aaf-id ,the strategy required under subsection 7a7 shall incorporate the recommendations and briefing described in the report accompanying the ,department of ,transportation ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 with respect to the amounts provided under the heading ,federal ,railroad ,administration--,safety and ,operations4 7c7 ,report contents ,the strategy required under subsection 7a7 shall include an analysis of the following topics1 including any specific legislative or regulatory recommendations3 7#a7 ,how best to engage the public1 representatives of labor organizations representing railroad employees1 law enforcement officers1 highway traffic officials1 or other employees of a public agency acting in an official capacity to identify and address blocked crossings4 7#b7 ,how technology and positive train control system data can be used to identify and address instances of blocked crossings4 7#c7 ,how to identify and address instances of blocked crossings at crossings with passive or no warning devices4 7#d7 ,how best to use the data collected under a webpage established by the ,secretary for the public and law enforcement to report instances of blocked crossings1 including whether such data should be verified by each rail carrier or incorporated into the national crossing inventory established under section #bjafj of title #di1 ,united ,states ,code4 7d7 ,updating strategy ,the ,secretary shall evaluate the strategy developed under this section not less than every #e years1 and update it as needed4 7e7 ,definitions ,in this section3 7#a7 ,blocked crossing ,the term blocked crossing means a circumstance in which a train1 locomotive1 railroad car1 or other rail equipment is stopped or is standing in a manner that obstructs public travel at a crossing4 7#b7 ,positive train control system ,the term positive train control system has the meaning given the term in section #bjaeg7;i7 of title #di1 ,united ,states ,code4 #ieee4 ,railroad point of contact for blocked crossing matters ,section #bjaeb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c7 by striking or at the end2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iii7 by inserting the following after subparagraph 7,c73 7,d7 blocked crossings2 or 2 7,b7 in paragraph 7#d7-- 7i7 by striking paragraph 7#a77;,c7 or 7,d7 and inserting subparagraph 7,c71 7,d71 or 7,e7 of paragraph 7#a72 and 7ii7 by striking and at the end2 7,c7 in paragraph 7#e7 by striking the period at the end and inserting 2 and 2 and 7,d7 by adding at the end the following3 7#f7 promptly inform the ,secretary if the number required to be established under subsection 7a7 has changed and report the new number to the ,secretary4 2 and 7#b7 by adding at the end the following3 7c7 ,publication of telephone numbers ,the ,secretary shall make any telephone number established under subsection 7a7 publicly available on the website of the ,department of ,transportation4 4