H.R. 8870

119 HR 8870 IH: Building Unrivaled Infrastructure and Long-term Development for America’s 250th Act
 U.S. House of Representatives
 2026-05-19
 text/xml
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I
 119th CONGRESS  2d Session
 H. R. 8870
 IN THE HOUSE OF REPRESENTATIVES
 May 19, 2026
  Mr. Graves  (for himself,  Mr. Larsen of Washington ,  Mr. Rouzer ,  Mr. Webster of Florida , and  Ms. Norton ) introduced the following bill; which was referred to the  Committee on Transportation and Infrastructure
 A BILL
To authorize funding for Federal-aid highways, bridge construction and rehabilitation, highway safety programs, transit programs, and rail programs, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the   Building Unrivaled Infrastructure and Long-term Development for America’s 250th Act   or the   BUILD America 250 Act  .
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
Sec. 4. Automatic execution of conforming changes.
Title I—Federal-Aid Highways
Subtitle A—Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions.
Sec. 1104. Apportionment.
Sec. 1105. Nationally significant multimodal freight and highway projects.
Sec. 1106. National highway performance program.
Sec. 1107. Federal share.
Sec. 1108. Bridge programs.
Sec. 1109. Emergency relief.
Sec. 1110. Toll roads, bridges, tunnels, and ferries.
Sec. 1111. Railway-highway grade crossings.
Sec. 1112. Surface transportation block grant program.
Sec. 1113. Transportation planning.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. National bridge and tunnel inventory and inspection standards.
Sec. 1116. Construction of ferry boats and ferry terminal facilities.
Sec. 1117. Highway safety improvement program.
Sec. 1118. CMAQ program.
Sec. 1119. Safe streets and roads for all grant program.
Sec. 1120. Territorial and Puerto Rico highway program.
Sec. 1121. HOV facilities.
Sec. 1122. National highway freight and high priority corridor program.
Sec. 1123. Wildlife crossings pilot program.
Sec. 1124. Surface transportation accelerator grant program.
Sec. 1125. Repeal of program.
Sec. 1126. PROTECT program.
Sec. 1127. Codification and improvement of Jason’s Law.
Sec. 1128. Consolidated funding pilot program.
Sec. 1129. Registration fee on motor vehicles.
Sec. 1130. Transfer of real property no longer needed.
Sec. 1131. Federal lands and tribal transportation programs.
Sec. 1132. Tribal transportation program.
Sec. 1133. Federal lands transportation program.
Sec. 1134. Federal lands access program.
Sec. 1135. Nationally significant Federal lands and tribal projects program.
Sec. 1136. Tribal High Priority Projects program.
Sec. 1137. Consolidation of programs.
Sec. 1138. Update to nonmotorized trails definition.
Subtitle B—Improved Project Delivery and Environmental Streamlining
Sec. 1201. Project approval and oversight.
Sec. 1202. Exemption from review.
Sec. 1203. Efficient environmental reviews for project decisionmaking and One Federal Decision.
Sec. 1204. Reporting program.
Sec. 1205. Termination of environmental review implementation funds program.
Sec. 1206. Streamlining of environmental document preparation.
Sec. 1207. State and eligible entity assumption of responsibility for categorical exclusions.
Sec. 1208. Surface transportation project delivery program.
Sec. 1209. Program for eliminating duplication of environmental reviews.
Sec. 1210. Training and education; best practices.
Sec. 1211. Accelerated decisionmaking in environmental reviews.
Sec. 1212. Aligning Federal environmental reviews.
Sec. 1213. FTA allowance of land acquisition.
Sec. 1214. Categorical exclusion for projects of limited Federal assistance.
Sec. 1215. Programmatic agreements.
Sec. 1216. Streamlining Tribal categorical exclusions.
Sec. 1217. Streamlining small safety projects.
Sec. 1218. Updates to categorical exclusions for public transportation projects.
Subtitle C—Miscellaneous
Sec. 1301. Transportation rulemaking committees.
Sec. 1302. Vehicle weight limits.
Sec. 1303. Designation of high priority corridors on National Highway System.
Sec. 1304. Safety coordinators; determination of reasonable cost.
Sec. 1305. Updates to manual on uniform traffic control devices.
Sec. 1306. Design standards.
Sec. 1307. Modernizing roadside safety hardware devices and administration policies.
Sec. 1308. Audit of FHWA oversight of roadside safety hardware devices.
Sec. 1309. Interagency bridge strike working group.
Sec. 1310. Bridge clearance best practices.
Sec. 1311. U.S. Congressman and Prisoner of War Sam Johnson Memorial Highway.
Sec. 1312. Technical assistance for contracting.
Sec. 1313. Preventing anticompetitive bidding practices.
Sec. 1314. Study on effectiveness of discretionary grant programs.
Sec. 1315. Study on effectiveness of formula grant programs.
Sec. 1316. National Academies review of highway systems.
Sec. 1317. Review of State and local consultation processes.
Sec. 1318. Emergency relief working group.
Sec. 1319. Stopping threats on pedestrians.
Sec. 1320. Eliminating unnecessary reporting and requirements.
Sec. 1321. Contracting for engineering and design services.
Sec. 1322. Advancing projects in cold weather States.
Sec. 1323. Interagency working group on roadway management in inclement weather.
Sec. 1324. Termination of neighborhood access and equity grant program.
Sec. 1325. Task force on developing a 21st century surface transportation workforce.
Sec. 1326. Study on national commuting trends.
Sec. 1327. Notification on regressive safety targets.
Sec. 1328. Study on domestic availability of yellow paint.
Sec. 1329. Study on corrosion prevention for bridges.
Sec. 1330. Funding Federal-aid Highways guidance.
Title II—Transportation Infrastructure Finance and Innovation
Sec. 2001. Infrastructure finance.
Sec. 2002. Emergency loan relief due to major disaster.
Sec. 2003. Personnel management authority.
Sec. 2004. Study on establishment of Federal Infrastructure Bank.
Title III—Public Transportation
Subtitle A—Reforms
Sec. 3001. Purpose and declaration of policy.
Sec. 3002. Definitions.
Sec. 3003. Transportation planning.
Sec. 3004. Planning programs.
Sec. 3005. Urbanized area formula grants.
Sec. 3006. Consolidated State block grant program.
Sec. 3007. Fixed guideway capital investment grants.
Sec. 3008. Formula grants for enhanced mobility of seniors and individuals with disabilities.
Sec. 3009. Formula grants for rural areas.
Sec. 3010. Technical assistance and workforce development.
Sec. 3011. Bus testing facility.
Sec. 3012. Crime prevention and security.
Sec. 3013. General provisions.
Sec. 3014. Public transportation emergency relief program.
Sec. 3015. Contract requirements.
Sec. 3016. Transit asset management.
Sec. 3017. Project management oversight.
Sec. 3018. Public transportation safety program.
Sec. 3019. Administrative provisions.
Sec. 3020. National transit database.
Sec. 3021. Apportionment of appropriations for urbanized area formula grants.
Sec. 3022. State of good repair grants.
Sec. 3023. Authorizations.
Sec. 3024. Grants for buses, bus facilities, and ferries.
Sec. 3025. Apportionments based on growing States and high density States formula factors.
Subtitle B—Miscellaneous
Sec. 3101. Definitions.
Sec. 3102. Protecting bus operators from risk of assault.
Sec. 3103. Spare ratio modification.
Sec. 3104. Special rule for certain transportation services.
Sec. 3105. Innovative procurement.
Sec. 3106. Transit award management system improvement.
Sec. 3107. Public transit first aid and emergency medical kit equipment and training.
Sec. 3108. Improving transparency in certain urbanized areas.
Sec. 3109. Extension of capital and preventive maintenance grants to Washington Metropolitan Area Transit Authority.
Sec. 3110. GAO assessment of project contingency amounts.
Sec. 3111. GAO report on universal design to improve accessibility.
Sec. 3112. GAO study and report on National Transit Database data quality.
Sec. 3113. GAO study on transit system rider safety.
Sec. 3114. GAO study on CIG data collection and reporting requirements.
Sec. 3115. GAO assessment of paratransit software and technologies.
Subtitle C—Reorganization and Consolidation of Chapter 53
Sec. 3201. Transfer of certain sections in  chapter 53  of title 49, United States Code.
Sec. 3202. Front matter of  chapter 53  of title 49, United States Code.
Sec. 3203. Amendments to  chapter 53  of title 49, United States Code, as amended by section 3202 of this Act.
Sec. 3204. Conforming amendments.
Title IV—Highway Safety
Sec. 4001. Authorization of appropriations.
Sec. 4002. Consolidation and enhancement of highway safety programs.
Sec. 4003. Highway safety research and development.
Sec. 4004. High-visibility enforcement program.
Sec. 4005. Protection of safety data.
Sec. 4006. Annual reporting requirements.
Sec. 4007. Coordination of Federal highway and traffic safety programs.
Sec. 4008. Highway safety program effectiveness transportation rulemaking committee.
Sec. 4009. Establishment of roadway worker protection interagency working group.
Sec. 4010. Motorcycle Advisory Council.
Sec. 4011. Motorcycle checkpoint funding.
Sec. 4012. Pulsating light systems.
Sec. 4013. Minimally obstructed forward-facing view in motorcoaches.
Sec. 4014. Revision of student safety guidelines.
Sec. 4015. Micromobility safety.
Sec. 4016. GAO study on highway safety data quality.
Title V—Motor Carriers
Subtitle A—General Provisions
Sec. 5001. Authorization of appropriations.
Sec. 5002. Improvements to enforcement training and support grant program.
Sec. 5003. Maintenance of effort.
Sec. 5004. Amendments to commercial motor vehicle operators grant program.
Sec. 5005. Terms and conditions for exemptions.
Sec. 5006. Broker qualifications.
Sec. 5007. Motor carrier complaints.
Sec. 5008. Cabotage study.
Subtitle B—Commercial Motor Vehicle Operators
Sec. 5101. Predatory commercial motor vehicle lease-purchase agreement programs oversight.
Sec. 5102. Restroom access.
Sec. 5103. Application of commercial motor vehicle safety.
Sec. 5104. Extension of apprenticeship pilot program.
Sec. 5105. Codification of exemption.
Sec. 5106. Modernization of farm-related service industries restricted commercial driver’s licenses.
Sec. 5107. Implements of husbandry compilation.
Sec. 5108. Pre-trip vehicle inspection testing waiver.
Sec. 5109. Modifications to certain commercial driver’s license regulations.
Subtitle C—Commercial Motor Vehicle Safety
Sec. 5201. Motor carrier safety advisory committee.
Sec. 5202. Electronic logging device certification.
Sec. 5203. Safety performance history screening and DataQs improvement.
Sec. 5204. Noncompliant training entities.
Sec. 5205. Drug and alcohol clearinghouse fees.
Sec. 5206. Federal hair testing guidelines.
Sec. 5207. Drug and alcohol testing compliance.
Sec. 5208. Fatal truck crash drug and substance abuse testing accountability.
Sec. 5209. Review of New Entrant Safety Assurance Program.
Sec. 5210. New entrant registration standards transportation rulemaking committee.
Sec. 5211. Beyond compliance.
Subtitle D—Household Goods Shipping Consumer Protection Reform
Sec. 5301. Administrative assessment of civil penalties for violations of commercial regulations.
Sec. 5302. State use of grant funds for commercial enforcement and consumer protection.
Sec. 5303. State retention of penalties and fines.
Sec. 5304. Registration requirements.
Sec. 5305. Household goods consumer protection working group.
Subtitle E—Safe Integration of Autonomous Commercial Motor Vehicles
Sec. 5401. Definitions.
Sec. 5402. ADS-equipped commercial motor vehicle interstate operation.
Sec. 5403. Review and preemption of State laws and regulations.
Sec. 5404. Ensuring regulatory flexibility for safety technologies.
Sec. 5405. Regulatory interpretations.
Sec. 5406. National consumer complaint database.
Sec. 5407. Commercial motor vehicle workforce development.
Title VI—Innovation
Sec. 6001. Strengthening mobility and revolutionizing transportation grant program.
Sec. 6002. Technology deployment.
Sec. 6003. Strategic innovation for revenue collection.
Sec. 6004. National motor vehicle per-mile user fee pilot.
Sec. 6005. ITS Advisory Committee.
Sec. 6006. Encouraged use of digital platforms.
Sec. 6007. Nontraditional and Emerging Transportation Technology Council.
Sec. 6008. University transportation centers program.
Sec. 6009. Prohibition related to certain foreign-made LiDAR technology.
Sec. 6010. Data privacy.
Sec. 6011. Study on adoption and deployment of new and emerging technologies.
Sec. 6012. Autonomous vehicle accessibility study.
Sec. 6013. GAO study of intelligent transportation systems physical and cyber vulnerabilities.
Sec. 6014. GAO study and report on automated driving systems safety assurance.
Sec. 6015. Technical assistance.
Title VII—Freight and Multimodal Transportation Programs
Subtitle A—Freight Policy
Sec. 7001. National multimodal freight policy.
Sec. 7002. National freight strategic plan.
Sec. 7003. National multimodal freight network.
Sec. 7004. State freight advisory committees.
Sec. 7005. State freight plans.
Sec. 7006. Freight Logistics Optimization Works Program.
Subtitle B—Multimodal Policy and Programs
Sec. 7101. Streamlining positions within Office of the Secretary.
Sec. 7102. Council on Credit and Finance transparency.
Sec. 7103. Amendments to working capital fund.
Sec. 7104. Transportation assistance for international games.
Sec. 7105. National infrastructure project assistance.
Sec. 7106. Local and regional project assistance.
Sec. 7107. National culvert removal, replacement, and restoration grant program.
Sec. 7108. Rural and Tribal infrastructure advancement pilot extension.
Sec. 7109. Advisory committee on cargo theft and freight fraud.
Title VIII—Miscellaneous
Sec. 8001. Title 23 technical corrections.
Sec. 8002. Title 49 technical corrections.
Title IX—Sport Fishing and Recreational Boating Safety
Sec. 9001. Division of annual appropriations.
Sec. 9002. Funding for interstate fisheries commission activities.
Sec. 9003. Boating infrastructure priorities.
Title X—Railroads and Hazardous Materials
Subtitle A—Authorization of Appropriations and Grant Reforms
Sec. 10101. Grants to Amtrak.
Sec. 10102. Federal Railroad Administration.
Sec. 10103. Competitive grants.
Sec. 10104. Consolidated rail infrastructure and safety improvements.
Sec. 10105. Railroad crossing safety improvements and elimination program.
Sec. 10106. National intercity passenger railroad partnership program.
Sec. 10107. Corridor identification and development program.
Sec. 10108. Emergency relief.
Sec. 10109. Amtrak Office of Inspector General.
Subtitle B—Amtrak Reforms
Sec. 10201. Amtrak economic performance.
Sec. 10202. Amtrak transparency and accountability for passengers and taxpayers.
Sec. 10203. Implementing Amtrak Office of Inspector General recommendations to address infrastructure backlog.
Sec. 10204. Amtrak executive bonus disclosure.
Sec. 10205. Amtrak and intercity passenger rail workforce assault prevention and response plans.
Sec. 10206. Baby changing table requirements on Amtrak trains.
Sec. 10207. Report on Amtrak long-distance equipment maintenance costs.
Sec. 10208. Inspector general review of Amtrak accounting and reporting practices.
Sec. 10209. Amtrak annual reporting.
Sec. 10210. Invoices and reports.
Sec. 10211. State-supported cost and service policy.
Sec. 10212. GAO study on Amtrak customer experience.
Sec. 10213. GAO study on Amtrak service to privately owned rail cars.
Sec. 10214. The Donald M. Payne, Jr. Transit Center at Newark Penn Station.
Sec. 10215. Public notice and comment on Amtrak’s corporate structure.
Sec. 10216. GAO examination of international passenger rail.
Sec. 10217. Food and beverage service.
Subtitle C—Passenger Rail Policy
Sec. 10301. Intercity passenger rail equipment pools.
Sec. 10302. California High-Speed Rail working group.
Sec. 10303. Route-specific reports.
Sec. 10304. Study on commuter rail passenger transportation and transfers.
Sec. 10305. Adjustment of liability cap.
Subtitle D—Rail Safety and Innovation
Sec. 10401. Rail bridge safety.
Sec. 10402. Public availability of federally funded data.
Sec. 10403. Safety culture grant program.
Sec. 10404. Improved supporting information transparency and using performance-based regulations during rulemaking.
Sec. 10405. Installation of image recording devices.
Sec. 10406. Membership of National Domestic Preparedness Consortium.
Sec. 10407. Preventing tampering with wayside defect detectors.
Sec. 10408. Rail technology and asset pilot program.
Sec. 10409. Vent and burn report updates.
Sec. 10410. Rail freight cargo security assessment.
Sec. 10411. 50-year rule revision.
Sec. 10412. Self-contained propelled freight vehicle.
Sec. 10413. Railroad Safety Advisory Committee evaluation of National Academies of Sciences, Engineering, and Medicine findings.
Sec. 10414. Blocked crossings.
Sec. 10415. Civil penalties.
Sec. 10416. Pressure relief devices.
Sec. 10417. Federal Railroad Administration safety workforce.
Sec. 10418. FRA safety inspector and specialist review.
Sec. 10419. Federal Railroad Administration safety culture.
Sec. 10420. Confidential close call reporting.
Sec. 10421. Wayside employee protection.
Sec. 10422. Safety enforcement transparency.
Sec. 10423. Reports on highway-rail grade crossing safety and trespasser prevention.
Sec. 10424. Locomotive engineer training.
Sec. 10425. Assessment of track safety.
Sec. 10426. Review of train dispatching technologies.
Sec. 10427. Incident investigation review.
Sec. 10428. Review of risk reduction program plans.
Sec. 10429. Railroad Safety Advisory Committee.
Sec. 10430. Safety reporting extension.
Subtitle E—Project Delivery
Sec. 10501. Pre-award authority.
Sec. 10502. Categorical exclusions for projects in existing operational rights-of-way.
Sec. 10503. Additional categorical exclusions.
Sec. 10504. State-railroad infrastructure project coordination and process standardization working group.
Sec. 10505. Rail project advance acquisition.
Sec. 10506. Direct loans and loan guarantees.
Sec. 10507. Veteran to supply chain employee action plan.
Sec. 10508. Lead agency for environmental review purposes.
Sec. 10509. Environmental review determination.
Sec. 10510. Expedited consultation process.
Sec. 10511. Technical assistance.
Sec. 10512. Amendment to allow RRIF direct loans to be structured as interest-only loan.
Sec. 10513. Use of certain grant funds to pay RRIF credit risk premiums.
Sec. 10514. Amendment to establish alternative credit assessment pathway for RRIF loan applicants.
Sec. 10515. Railroad rehabilitation and improvement financing program authorization of appropriations.
Subtitle F—Hazardous Materials Transportation
Sec. 10601. Authorization of appropriations.
Sec. 10602. Hazardous materials registration fees.
Sec. 10603. Hazardous materials safety training grants.
Sec. 10604. Incorporation of special permits into hazardous materials regulations.
Sec. 10605. Harmonization of safety regulations.
Sec. 10606. Regulation of foreign manufacturers of cylinders used in transporting hazardous materials.
Sec. 10607. Safety placards.
Sec. 10608. Study on limited commercial driver’s license hazardous materials endorsements.
Sec. 10609. Real-time train consist information rulemaking evaluation.
Sec. 10610. Study on exception for intrastate transportation of diesel fuel in support of logging or timber operations.
Sec. 10611. Safer tank cars.
Sec. 10612. Requirements for safe transport of lithium-ion batteries.
Sec. 10613. Innovative thermal run-away suppression strategies.
2.
Definitions
In this Act:
(1)
Comptroller General
The term  Comptroller General  means the Comptroller General of the United States.
(2)
Department
Unless otherwise specified, the term  Department  means the Department of Transportation.
(3)
Secretary
Unless otherwise specified, the term  Secretary  means the Secretary of Transportation.
3.
Effective date
Except as otherwise provided, this Act, including the amendments made by this Act, shall take effect on October 1, 2026.
4.
Automatic execution of conforming changes
(a)
Covered highways laws
Section 101 of title 23, United States Code, is amended by adding at the end the following:
(f)
Automatic execution of conforming changes
(1)
In general
When an amendment to a covered highways law adds a section or larger organizational unit to the covered highways law, repeals or transfers a section or larger organizational unit in the covered highways law, or amends the designation or heading of a section or larger organizational unit in the covered highways law, that amendment also shall have the effect of amending any analysis, table of contents, or similar tabular entries in the covered highways law to alter the table to conform to the changes made by the amendment.
(2)
Exceptions
Paragraph (1) shall not apply to an amendment described in such paragraph when—
(A)
the amendment or a clerical amendment enacted at the same time expressly amends a table of sections, table of contents, or similar tabular entries in the covered highways law to alter the table to conform to the changes made by the amendment; or
(B)
the amendment otherwise expressly exempts itself from the operation of this subsection.
(3)
Covered highways law defined
In this subsection, the term  covered highways law  means—
(A)
this title;
(B)
any Act that authorizes amounts to be appropriated out of the Highway Trust Fund; or
(C)
any other law designated in the text thereof as a covered highways law for purposes of application of this subsection.
 .
(b)
Purpose and automatic execution of conforming changes
Section 101 of title 49, United States Code, is amended—
(1)
in the section heading by inserting
; automatic execution of conforming changes   after
Purpose  ; and
(2)
by adding at the end the following:
(c)
Automatic execution of conforming changes
(1)
In general
When an amendment to a covered transportation law adds a section or larger organizational unit to the covered transportation law, repeals or transfers a section or larger organizational unit in the covered transportation law, or amends the designation or heading of a section or larger organizational unit in the covered transportation law, that amendment also shall have the effect of amending any analysis, table of contents, or similar tabular entries in the covered transportation law to alter the table to conform to the changes made by the amendment.
(2)
Exceptions
Paragraph (1) shall not apply to an amendment described in such paragraph when—
(A)
the amendment or a clerical amendment enacted at the same time expressly amends a table of sections, table of contents, or similar tabular entries in the covered transportation law to alter the table to conform to the changes made by the amendment; or
(B)
the amendment otherwise expressly exempts itself from the operation of this subsection.
(3)
Covered transportation law
In this subsection, the term  covered transportation law  means—
(A)
this title;
(B)
any Act that authorizes amounts to be appropriated out of the Airport and Airway Trust Fund; or
(C)
any other law designated in the text thereof as a covered transportation law for purposes of application of this subsection.
 .
(c)
Application of amendments
Section 101(f) of title 23, United States Code, as added by subsection (a), and section 101(c) of title 49, United States Code, as added by subsection (b), shall apply to the amendments made by this section and other amendments made by this Act.
I
Federal-Aid Highways
A
Authorizations and Programs
1101.
Authorization of appropriations
(a)
In general
The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1)
Federal-aid highway program
For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of such title, section 134 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, and the national highway freight and highway priority corridor program of section 167 of such title—
(A)
$56,934,650,000 for fiscal year 2027;
(B)
$57,532,010,000 for fiscal year 2028;
(C)
$58,690,676,200 for fiscal year 2029;
(D)
$59,785,644,724 for fiscal year 2030; and
(E)
$60,943,911,618 for fiscal year 2031.
(2)
Transportation infrastructure finance and innovation program
For credit assistance under the transportation infrastructure finance and innovation program under  chapter 6  of title 23, United States Code, $250,000,000 for each of fiscal years 2027 through 2031.
(3)
Bridge program
To carry out the grants for rebuilding America’s vital engineering structures program under section 124(a) of title 23, United States Code, $9,200,000,000 for each of fiscal years 2027 through 2031.
(4)
Federal lands and Tribal transportation programs
(A)
Tribal transportation program
For the tribal transportation program under section 202 of title 23, United States Code—
(i)
$643,000,000 for fiscal year 2027;
(ii)
$657,000,000 for fiscal year 2028;
(iii)
$671,000,000 for fiscal year 2029;
(iv)
$686,000,000 for fiscal year 2030; and
(v)
$701,000,000 for fiscal year 2031.
(B)
Federal lands transportation program
(i)
In general
For the Federal lands transportation program under section 203 of title 23, United States Code—
(I)
$464,000,000 for fiscal year 2027;
(II)
$472,000,000 for fiscal year 2028;
(III)
$480,000,000 for fiscal year 2029;
(IV)
$488,000,000 for fiscal year 2030; and
(V)
$496,000,000 for fiscal year 2031.
(ii)
Allocation
Of the amount made available for a fiscal year under clause (i)—
(I)
the amount for the National Park Service is—
(aa)
$365,000,000 for fiscal year 2027;
(bb)
$370,500,000 for fiscal year 2028;
(cc)
$376,000,000 for fiscal year 2029;
(dd)
$381,500,000 for fiscal year 2030; and
(ee)
$387,500,000 for fiscal year 2031;
(II)
the amount for the United States Fish and Wildlife Service is $42,000,000 for each of fiscal years 2027 through 2031; and
(III)
the amount for the Forest Service is—
(aa)
$29,500,000 for fiscal year 2027;
(bb)
$31,000,000 for fiscal year 2028;
(cc)
$32,500,000 for fiscal year 2029;
(dd)
$34,000,000 for fiscal year 2030; and
(ee)
$35,500,000 for fiscal year 2031.
(C)
Federal lands access program
For the Federal lands access program under section 204 of title 23, United States Code—
(i)
$314,000,000 for fiscal year 2027;
(ii)
$320,000,000 for fiscal year 2028;
(iii)
$326,000,000 for fiscal year 2029;
(iv)
$332,000,000 for fiscal year 2030; and
(v)
$338,000,000 for fiscal year 2031.
(5)
Territorial and Puerto Rico highway program
For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code—
(A)
$242,200,000 for fiscal year 2027;
(B)
$247,400,000 for fiscal year 2028;
(C)
$252,600,000 for fiscal year 2029;
(D)
$257,800,000 for fiscal year 2030; and
(E)
$263,000,000 for fiscal year 2031.
(b)
Other programs
(1)
Highway Trust Fund
The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(A)
Safe streets and roads for all program
To carry out the safe streets and roads for all program under section 155 of title 23, United States Code—
(i)
$500,000,000 for fiscal year 2027;
(ii)
$625,000,000 for fiscal year 2028;
(iii)
$750,000,000 for fiscal year 2029;
(iv)
$875,000,000 for fiscal year 2030; and
(v)
$1,000,000,000 for fiscal year 2031.
(B)
Surface transportation accelerator grant program
To carry out the surface transportation accelerator grant program under section 173 of title 23, United States Code, $2,400,000,000 for each of fiscal years 2027 through 2031.
(C)
PROTECT grants
To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, $500,000,000 for each of fiscal years 2027 through 2031.
(D)
Nationally significant Federal lands and Tribal projects
(i)
In general
To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act ( 23 U.S.C. 201  note;  Public Law 114–94 ), $55,000,000 for each of fiscal years 2027 through 2031.
(ii)
Treatment
Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under  chapter 1  of title 23, United States Code.
(2)
General fund
(A)
Nationally significant multimodal freight and highway projects
There is authorized to be appropriated to carry out the nationally significant multimodal freight and highway projects program under section 117 of title 23, United States Code, $1,200,000,000 for each of fiscal years 2027 through 2031.
(B)
Bridge completion program
There is authorized to be appropriated to carry out the bridge completion program under section 124(b) of title 23, United States Code, $2,000,000,000 for each of fiscal years 2027 through 2031.
(c)
Research, technology, and education authorizations
(1)
In general
The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(A)
Highway research and development program
To carry out section 503(b) of title 23, United States Code—
(i)
$149,940,000 for fiscal year 2027;
(ii)
$152,938,800 for fiscal year 2028;
(iii)
$155,997,576 for fiscal year 2029;
(iv)
$159,117,528 for fiscal year 2030; and
(v)
$162,299,878 for fiscal year 2031.
(B)
Technology and innovation deployment
To carry out section 503(c) of title 23, United States Code—
(i)
$112,200,000 for fiscal year 2027;
(ii)
$114,444,000 for fiscal year 2028;
(iii)
$116,732,880 for fiscal year 2029;
(iv)
$119,067,538 for fiscal year 2030; and
(v)
$121,448,888 for fiscal year 2031.
(C)
Training and education
To carry out section 504 of title 23, United States Code—
(i)
$26,520,000 for fiscal year 2027;
(ii)
$27,050,400 for fiscal year 2028;
(iii)
$27,591,408 for fiscal year 2029;
(iv)
$28,143,236 for fiscal year 2030; and
(v)
$28,706,101 for fiscal year 2031.
(D)
Intelligent transportation systems program
To carry out sections 512 through 518 of title 23, United States Code—
(i)
$112,200,000 for fiscal year 2027;
(ii)
$114,444,000 for fiscal year 2028;
(iii)
$116,732,880 for fiscal year 2029;
(iv)
$119,067,538 for fiscal year 2030; and
(v)
$121,448,888 for fiscal year 2031.
(E)
University transportation centers program
To carry out section 5505 of title 49, United States Code—
(i)
$83,640,000 for fiscal year 2027;
(ii)
$85,312,800 for fiscal year 2028;
(iii)
$87,019,056 for fiscal year 2029;
(iv)
$88,759,437 for fiscal year 2030; and
(v)
$90,534,626 for fiscal year 2031.
(F)
Bureau of transportation statistics
To carry out  chapter 63  of title 49, United States Code—
(i)
$27,250,000 for fiscal year 2027;
(ii)
$27,500,000 for fiscal year 2028;
(iii)
$27,750,000 for fiscal year 2029;
(iv)
$28,000,000 for fiscal year 2030; and
(v)
$28,250,000 for fiscal year 2031.
(2)
Administration
The Administrator of the Federal Highway Administration shall—
(A)
administer the programs described in subparagraphs (A), (B), and (C) under paragraph (1); and
(B)
in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D).
(3)
Applicability of title 23, United States Code
Amounts authorized to be appropriated by paragraph (1) shall—
(A)
be available for obligation in the same manner as if those funds were apportioned under  chapter 1  of title 23, United States Code, except that the Federal share of the project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments made by this Act) or otherwise determined by the Secretary; and
(B)
remain available until expended and are not transferable, except as otherwise provided by this Act.
(d)
Pilot programs
The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1)
Wildlife crossings
For the wildlife crossings pilot program under section 171 of title 23, United States Code, $80,000,000 for each of fiscal years 2027 through 2031.
(2)
Truck parking
For the truck parking pilot program under section 180 of title 23, United States Code, $150,000,000 for each of fiscal years 2027 through 2031.
(e)
Disadvantaged business enterprises
(1)
Findings
Congress finds that—
(A)
while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, social and economic disadvantage and related barriers continue to pose significant obstacles for businesses owned by socially and economically disadvantaged individuals seeking to do business in federally assisted surface transportation markets across the United States;
(B)
the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;
(C)
Congress has received and reviewed documentation of the effects of social and economic disadvantage on individuals seeking to do business in federally assisted surface transportation markets from numerous sources, including congressional hearings and roundtables, scientific and other reports, news stories, written statements of barriers to participation by disadvantaged business owners, and related lawsuits, which show that efforts that fail to specifically consider socially and economically disadvantaged individuals are insufficient to address the problem;
(D)
the documentation described in subparagraph (C) demonstrates that barriers remain for the full and fair participation in surface transportation-related businesses of socially and economically disadvantaged business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and
(E)
the documentation described in subparagraph (C) provides a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program.
(2)
Small business concern defined
In this subsection:
(A)
In general
The term  small business concern  means a small business concern (as the term is used in section 3 of the Small Business Act ( 15 U.S.C. 632 )).
(B)
Exclusions
The term  small business concern  does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $31,840,000, as adjusted annually by the Secretary for inflation.
(3)
Amounts for small business concerns
A national, aspirational goal of not less than 10 percent of the amounts made available for any program under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, shall be set for expenditure through good faith efforts by recipients of Federal financial assistance through small business concerns owned and controlled by socially and economically disadvantaged individuals.
(4)
Development of objective criteria
(A)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and publish objective criteria to establish how State governments and unified certification programs will evaluate whether an individual qualifies as socially and economically disadvantaged under the program.
(B)
Considerations
The criteria developed under subparagraph (A)—
(i)
shall include the ability for an individual to demonstrate social and economic disadvantage by submitting evidence that would support a finding of the types of discrimination prohibited under Federal law; and
(ii)
shall include the ability for an individual to submit evidence of specific instances of economic hardship, systemic barriers, and denied opportunities that impeded the individual from achieving educational progress or success, employment opportunities, or business opportunities (including access to capital).
(C)
Periodic revision
The Secretary may periodically revise the objective criteria developed under subparagraph (A).
(5)
Annual listing of disadvantaged business enterprises
Each State shall annually—
(A)
survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State;
(B)
notify the Secretary, in writing, of the number of new small business concerns that have been certified in the State in the previous year; and
(C)
provide the Secretary with such other information as the Secretary may require regarding the administration of the disadvantaged business enterprise program.
(6)
Uniform certification
(A)
In general
The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.
(B)
Inclusions
The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern—
(i)
on-site visits;
(ii)
personal interviews with personnel;
(iii)
issuance or inspection of licenses;
(iv)
analyses of stock ownership;
(v)
listings of equipment;
(vi)
analyses of bonding capacity;
(vii)
listings of work completed;
(viii)
examination of the resumes of principal owners;
(ix)
analyses of financial capacity; and
(x)
analyses of the type of work preferred.
(7)
Reporting
The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary—
(A)
information concerning disadvantaged business enterprise awards, commitments, and achievements;
(B)
the process utilized and progress made by each unified certification program in the State to evaluate and recertify or decertify a small business concern under the criteria set by the Secretary, including periodic revision of the criteria for certification;
(C)
the number of existing small business concerns recertified or decertified in fiscal years 2026 through 2031; and
(D)
such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.
(8)
Compliance with court orders
Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles I, II, III, and VI of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional.
(9)
Sense of Congress on prompt payment of DBE subcontractors
It is the sense of Congress that—
(A)
the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding federally funded transportation contracts under laws and regulations administered by the Secretary; and
(B)
such additional steps should include increasing the Department’s ability to track and keep records of complaints and to make that information publicly available.
(f)
Grant conditions
The Secretary may not terminate, withhold, or delay the execution of a grant agreement for a grant or award (in part or in whole) made using funds made available under this Act (or an amendment made by this Act) on the basis that the grant or award no longer effectuates non-statutory program goals or agency priorities, including pursuant to section 200.340(a)(4) of title 2, Code of Federal Regulations.
1102.
Obligation limitation
(a)
General limitation
Subject to subsection (e) and notwithstanding any other provision of law, the obligations for the Federal-aid highway and highway safety construction programs shall not exceed—
(1)
$72,270,000,000 for fiscal year 2027;
(2)
$73,045,000,000 for fiscal year 2028;
(3)
$74,382,000,000 for fiscal year 2029;
(4)
$75,657,000,000 for fiscal year 2030; and
(5)
$76,996,000,000 for fiscal year 2031.
(b)
Exceptions
The limitations under subsection (a) shall not apply to obligations under or for—
(1)
section 125 of title 23, United States Code;
(2)
section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144  note; 92 Stat. 2714);
(3)
section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);
(4)
subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);
(5)
subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);
(6)
sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7)
section 157 of title 23, United States Code (as in effect on June 8, 1998);
(8)
section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000);
(9)
Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used;
(10)
section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years);
(11)
section 1603 of the SAFETEA–LU ( 23 U.S.C. 118  note), to the extent that funds obligated in accordance with such section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation;
(12)
section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years);
(13)
section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years);
(14)
section 119 of title 23, United States Code (as in effect for fiscal years 2022 through 2026, but only in an amount equal to $639,000,000 for each of those fiscal years); and
(15)
section 119 of title 23, United States Code (as in effect for fiscal years 2027 through 2031, but only in an amount equal to $639,000,000 for each of those fiscal years).
(c)
Distribution of obligation authority
For each of fiscal years 2027 through 2031, the Secretary—
(1)
shall not distribute obligation authority provided by subsection (a) for the fiscal year for—
(A)
amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and
(B)
amounts authorized for the Bureau of Transportation Statistics;
(2)
shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts—
(A)
made available from the Highway Trust Fund (other than the Mass Transit Account) for the Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and
(B)
for which obligation authority was provided in a previous fiscal year;
(3)
shall determine the proportion that—
(A)
the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of the amount not distributed under paragraphs (1) and (2) of this subsection; bears to
(B)
the total of sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (14) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(15) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection;
(4)
shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of such title, by multiplying—
(A)
the proportion determined under paragraph (3); by
(B)
the amounts authorized to be appropriated for each such program for the fiscal year;
(5)
subject to paragraph (6), shall distribute the obligation authority provided by subsection (a), less the aggregate amount not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for the Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from limitation under subsection (b)(15) and the amounts apportioned under sections 202 and 204 of such title) in the proportion that—
(A)
amounts authorized to be appropriated for the programs that are apportioned under title 23, United State Code, to each State for the fiscal year; bears to
(B)
the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year; and
(6)
of the amounts calculated for a State under paragraph (5), distribute to any direct recipient designated under section 1113(d) located in such State, or proportionally located in such State—
(A)
for a direct recipient located in 1 State, an amount of obligation authority described in section 1113(d)(4)(B); or
(B)
for a direct recipient located in more than 1 State, a proportional amount of obligation authority described in section 1113(d)(4)(B).
(d)
Redistribution of unused obligation authority
Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2027 through 2031—
(1)
revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during the fiscal year; and
(2)
redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during the fiscal year, giving priority to those States having large unobligated balances of funds apportioned under section 104 of title 23, United States Code, and paragraph (1) under the heading  Highway Infrastructure Program  in title VIII of division J of the Infrastructure Investment and Jobs Act (135 Stat. 1420), commonly referred to as the  Bridge Formula Program .
(e)
Applicability of obligation limitations to certain programs
(1)
Transportation research programs
(A)
In general
Except as provided in subparagraph (B), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under  chapter 5  of title 23, United States Code.
(B)
Exception
Obligation authority made available under subparagraph (A) shall—
(i)
remain available for a period of 4 fiscal years; and
(ii)
be in addition to the amount of any limitation on obligations for the Federal-aid highway and highway safety construction programs for future fiscal years.
(2)
Direct recipient metropolitan planning organizations
(A)
In general
Except as provided in subparagraph (B), obligation limitations imposed by subsection (a) shall apply to contract authority apportioned under section 104(b)(6) of title 23, United States Code, that is directly allocated under section 1113(d)(4)(B) of this Act to a direct recipient designated under such section.
(B)
Exception
Obligation authority made available under subparagraph (A) shall—
(i)
remain available for a period of 2 fiscal years; and
(ii)
be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(f)
Redistribution of certain authorized funds
(1)
In general
Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2027 through 2031, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that—
(A)
are authorized to be appropriated for the fiscal year for the Federal-aid highway programs; and
(B)
the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.
(2)
Ratio
Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).
(3)
Availability
Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.
1103.
Definitions
Section 101(a) of title 23, United States Code, is amended—
(1)
in paragraph (18) by striking  and traffic control centers  and inserting  , traffic control centers, and backup power systems for traffic control devices and systems ;
(2)
by redesignating paragraphs (6) through (36) as paragraphs (7) through (37), respectively; and
(3)
by inserting after paragraph (5) the following:
(6)
Digital infrastructure
The term  digital infrastructure  means public and private technology assets, including advanced digital construction management systems and related technology, that create, exchange, secure, or use data, including communications systems, servers, routers, hardware, sensors, and software applications.
 .
1104.
Apportionment
Section 104 of title 23, United States Code, is amended—
(1)
in subsection (a)(1) by striking subparagraphs (A) through (E) and inserting the following:
(A)
$478,000,000 for fiscal year 2027;
(B)
$487,500,000 for fiscal year 2028;
(C)
$497,500,000 for fiscal year 2029;
(D)
$508,000,000 for fiscal year 2030; and
(E)
$519,000,000 for fiscal year 2031.
 ;
(2)
in subsection (b)—
(A)
in the matter preceding paragraph (1)—
(i)
by inserting  and high priority corridor  after  national highway freight ; and
(ii)
by striking  the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, ;
(B)
in paragraph (1) by striking  59.0771195921461 percent  and inserting  62 percent ;
(C)
in paragraph (2) by striking  28.7402203421251 percent  and inserting  31 percent ;
(D)
in paragraph (3) by striking  6.70605141316253 percent  and inserting  7 percent ;
(E)
in paragraph (4)—
(i)
in subparagraph (B) by striking  shall be  and all that follows through  for fiscal year 2026.  and inserting
shall be—
(i)
$2,890,000,000 for fiscal year 2027;
(ii)
$2,920,000,000 for fiscal year 2028;
(iii)
$3,010,000,000 for fiscal year 2029;
(iv)
$3,070,000,000 for fiscal year 2030; and
(v)
$3,130,000,000 for fiscal year 2031.
 ; and
(ii)
in subparagraph (C) by striking  fiscal year 2020  and inserting  fiscal year 2026  each place it appears;
(F)
in paragraph (5)—
(i)
in the paragraph heading by inserting
and high priority corridor   after
national highway freight  ;
(ii)
by inserting  and high priority corridor  after  national highway freight  each place it appears; and
(iii)
in subparagraph (B) by striking clauses (i) through (v) and inserting the following:
(i)
$1,550,000,000 for fiscal year 2027;
(ii)
$1,600,000,000 for fiscal year 2028;
(iii)
$1,650,000,000 for fiscal year 2029;
(iv)
$1,700,000,000 for fiscal year 2030; and
(v)
$1,750,000,000 for fiscal year 2031.
 ;
(G)
in paragraph (6)—
(i)
in subparagraph (B) by striking clauses (i) through (v) and inserting the following:
(i)
$520,000,000 for fiscal year 2027;
(ii)
$540,000,000 for fiscal year 2028;
(iii)
$560,000,000 for fiscal year 2029;
(iv)
$580,000,000 for fiscal year 2030; and
(v)
$600,000,000 for fiscal year 2031.
 ; and
(ii)
in subparagraph (C) by striking  fiscal year 2020  and inserting  fiscal year 2026  each place it appears; and
(H)
by striking paragraphs (7) and (8);
(3)
in subsection (c)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking  fiscal year 2022  and inserting  fiscal year 2027 ;
(ii)
in subparagraph (A)(ii)(I) by striking  fiscal year 2021  and inserting  fiscal year 2026 ; and
(iii)
in subparagraph (B) by striking  that is  and all that follows through  the previous fiscal year.  and inserting  that is equal to at least 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data is available. ; and
(B)
in paragraph (2)—
(i)
by striking  fiscal year 2022  and inserting  fiscal year 2027 ;
(ii)
by inserting  and high priority corridor  after  national highway freight ; and
(iii)
by striking  the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, ; and
(4)
in subsection (h)—
(A)
by inserting  and high priority corridor  after  national highway freight ; and
(B)
by striking  the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, .
1105.
Nationally significant multimodal freight and highway projects
Section 117 of title 23, United States Code, is amended—
(1)
in subsection (c)(1)(B) by striking  200,000  and inserting  50,000 ;
(2)
in subsection (d)(1)(A)—
(A)
in clause (ii) by striking  including  and all that follows through  national scenic area;  and inserting  including a project to add capacity to the Interstate System to improve mobility; ;
(B)
by striking clause (v); and
(C)
by redesignating clauses (vi) through (viii) as clauses (v) through (vii), respectively;
(3)
in subsection (e)—
(A)
in paragraph (1) by striking  15 percent  and inserting  10 percent ; and
(B)
in paragraph (2) by striking  $5,000,000  and inserting  $10,000,000 ;
(4)
in subsection (f)(2) by striking  for the purpose of improving habitat for aquatic species  and inserting  that is eligible under section 176(d) of title 23 ;
(5)
in subsection (n)—
(A)
by striking
Notification.—
 (1)  In general. —Not later than 60 days  and inserting
Notification.— Not later than 3 days ;
(B)
by striking paragraph (2); and
(C)
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;
(6)
in subsection (p) by striking paragraph (3);
(7)
in subsection (q)—
(A)
in paragraph (3)(A) by inserting  and except as provided in paragraph (7)  after  other provision of law ;
(B)
in paragraph (4)(A) by striking  $150,000,000  and inserting  10 percent of such amounts ; and
(C)
by adding at the end the following:
(7)
Limited waiver authority for preapproval risk
(A)
Authority
The Secretary may increase the Federal share for a project receiving a grant under this subsection to not more than 100 percent, solely with respect to eligible costs described in subparagraph (C), if the Secretary—
(i)
finds that the project that includes construction activities has not received—
(I)
a final Federal environmental decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or
(II)
a Federal, State, or local permit necessary to commence construction; and
(ii)
determines that requiring the non-Federal share prior to such decision or permit would materially increase the risk of unreasonable project delay or project nondelivery.
(B)
Limitations
The Secretary may exercise the authority under subparagraph (A)—
(i)
for not more than 5 projects in a fiscal year; and
(ii)
only to the extent that the aggregate amount of Federal participation applied pursuant to subparagraph (A) for the eligible costs described in subparagraph (C) does not exceed $30,000,000 for a project.
(C)
Eligible costs
The authority under this paragraph may be applied only to nonconstruction costs the Secretary determines are reasonably necessary to advance the project to receipt of the approvals described in subparagraph (A)(i), including planning, preliminary engineering, environmental review, and permitting activities.
(D)
Total award
Nothing in this paragraph shall be construed to authorize the Secretary to increase the total amount of a grant awarded under this subsection.
(E)
Notice and report
Not later than 15 days prior to exercising authority under this paragraph, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a notification that includes the basis for the determination under subparagraph (A).
(F)
Oversight and recovery
(i)
Limitation
The Secretary may exercise the authority under this paragraph only if the Secretary determines that the recipient has established appropriate accounting, internal control, and recordkeeping procedures to ensure that amounts made available under this paragraph are used only for the eligible costs described in subparagraph (C).
(ii)
Repayment required
If the Secretary determines that amounts made available under this paragraph were expended for costs that are not eligible under this paragraph, the Secretary shall require repayment of such amounts and may take such other action as the Secretary determines appropriate under the grant agreement.
(G)
Sunset
This paragraph shall cease to be effective on October 1, 2031.
 ; and
(8)
by striking subsection (s).
1106.
National highway performance program
(a)
In general
Section 119(e) of title 23, United States Code, is amended—
(1)
by striking paragraph (5) and inserting the following:
(5)
Requirement for plan
(A)
In general
(i)
Determination of compliance
Once every 2 years, the Secretary shall make a determination as to whether each State has developed and implemented a State asset management plan consistent with this section.
(ii)
Federal share for noncompliant State
Notwithstanding section 120, for any State the Secretary has determined has not developed and implemented such a plan, the Federal share payable on account of any project or activity for which funds are obligated by the State under this section shall be 65 percent.
(B)
Application
(i)
Compliant States
A determination of compliance under subparagraph (A) shall apply until the next recertification date under such subparagraph and paragraph (6)(B).
(ii)
Noncompliant States
A determination of noncompliance under subparagraph (A) shall apply during the period beginning on the date of the determination and ending on the date on which the Secretary determines that the State is in compliance pursuant to subparagraph (E)(i).
(C)
Submission
(i)
In general
A State shall submit to the Secretary information to support a determination under subparagraph (A) in conjunction with a submission with respect to recertification under paragraph (6)(B).
(ii)
Requirements
For purposes of subparagraph (A) and paragraph (6)(B), a submission of a State shall—
(I)
be considered sufficient with respect to the time period if the submission is for the most recent year; and
(II)
for applicable years other than the most recent year, include a certification by the State that the asset management undertaken in such applicable years by the State meets the requirements of this subsection.
(D)
Opportunity to cure
(i)
In general
If the Secretary determines that a State is not in compliance under subparagraph (A), the Secretary shall provide to the State—
(I)
a written statement of the specific actions the Secretary determines to be necessary for the State to come into compliance with this section; and
(II)
a period of not less than 90 days to cure the deficiencies, during which all penalties and other legal impacts of a determination of noncompliance shall be stayed.
(ii)
Extension
The Secretary, upon request of a State, may extend the time period described in clause (i)(II), including the stay of all penalties and other legal impacts of a determination of noncompliance.
 ; and
(2)
in paragraph (6) by striking subparagraph (C) and inserting the following:
(C)
Opportunity to cure
(i)
In general
If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with—
(I)
not less than 90 days to cure the deficiencies of the plan, during which time period all penalties and other legal impacts of a denial of certification shall be stayed; and
(II)
a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan.
(ii)
Extension
The Secretary, upon request of a State, may extend the time period described in clause (i)(I), including the stay of all penalties and other legal impacts of a denial of certification.
 .
(b)
Regional advance mitigation
Section 119(g) of title 23, United States Code, is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A)(ii) by inserting  and regional advance mitigation programs  after  banks ;
(B)
in subparagraph (B)—
(i)
by inserting  and the establishment of  after  contributions to ; and
(ii)
by inserting  , plans, and programs  after  efforts ; and
(C)
in subparagraph (C)—
(i)
by inserting  and programs  after  protection plans ; and
(ii)
by inserting  and advance mitigation programs  after  restoration plans ;
(2)
in paragraph (2) by striking  and plans  and inserting  plans, and programs  each place it appears; and
(3)
in paragraph (3)(B)—
(A)
by inserting  or State- or regionally-sponsored advance mitigation program  after  agency-sponsored mitigation bank ;
(B)
by striking  funded  and inserting  eligible  each place it appears; and
(C)
by inserting  or advance mitigation program credits  after  credits  each place it appears.
(c)
Regulations required
Not later than 1 year after the date of enactment of this Act, the Secretary shall revise any regulations necessary to carry out the amendments made by subsection (a).
1107.
Federal share
Section 120(c) of title 23, United States Code, is amended—
(1)
in paragraph (1) by striking  closure  and inserting  closure or improvements ; and
(2)
by adding at the end the following:
(5)
Metropolitan planning
Except as otherwise provided under this title, the Federal share payable for an activity carried out under section 134 shall be 90 percent.
 .
1108.
Bridge programs
(a)
In general
Section 124 of title 23, United States Code, is amended to read as follows:
124.
Grants for rebuilding America’s vital engineering structures program
(a)
State apportionment mechanism
(1)
In general
The Secretary shall establish a program to provide grants to each State in accordance with the apportionment formula described in paragraph (3) for the construction of new bridges and to improve the safety, efficiency, reliability, capacity, and utility of bridges and other structures in the United States.
(2)
Eligible projects
(A)
In general
Funds apportioned to a State under this subsection may only be obligated for projects to construct, replace, rehabilitate, preserve, protect, expand, or improve—
(i)
a bridge on a public road; or
(ii)
a culvert.
(B)
Costs
A grant provided for an eligible project described in subparagraph (A) may be used for—
(i)
development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;
(ii)
construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and
(iii)
expenses relating to the protection of a bridge (including as described in section 133(b)(10)).
(C)
Bundling of bridge projects
Projects bundled pursuant to section 144(j) shall be considered eligible under subparagraph (A).
(3)
Apportionment
(A)
In general
Amounts made available to carry out this subsection for a fiscal year shall be apportioned among each State as follows:
(i)
$75,000,000 shall be apportioned to each State.
(ii)
The remainder of amounts not otherwise distributed under clause (i) shall be apportioned among each State as follows:
(I)
25 percent by the proportion of the total bridge deck area in such State that bears to the sum of total bridge deck area in all States.
(II)
25 percent by the proportion of the total bridge deck area classified as in poor condition in such State that bears to the sum of the total bridge deck area classified in poor condition in all States.
(III)
25 percent by the proportion of the total bridge deck area of bridges on the National Highway System in such State that bears to the sum of the total National Highway System bridge deck area in all States.
(IV)
25 percent by the proportion of the total bridge deck area of bridges on the National Highway System that is classified as in poor condition in such State that bears to the sum of the total bridge deck area of bridges on the National Highway System that is classified as in poor condition in all States.
(B)
Minimum apportionment
Notwithstanding subparagraph (A), the Secretary shall adjust the amounts apportioned to each State to ensure that each State receives an amount equal to at least the amount such State received in fiscal year 2026 under paragraph (1) under the heading  Highway Infrastructure Programs  in title VIII of division J of the Infrastructure Investment and Jobs Act (135 Stat. 1420), commonly referred to as the  Bridge Formula Program .
(C)
Set aside for off-system bridges
(i)
In general
Except as provided under clause (ii), of the amounts apportioned to a State under this paragraph for each fiscal year, the State shall ensure that not less than 20 percent of such amounts are used for purposes relating to off-system bridges (as defined in section 133(f)(1)).
(ii)
Exception
The Secretary, in consultation with relevant State and local officials, may reduce the set aside requirement for a State under clause (i) if the Secretary determines that the State has an insufficient number of projects relating to off-system bridges.
(iii)
Local consultation
In determining the off-system bridges for which amounts shall be set aside under this subparagraph shall be used, each State shall consult with, as applicable, relevant metropolitan planning organizations, regional transportation planning organizations, and other non-State owners of off-system bridges.
(iv)
Inclusion of locally-owned bridges
Amounts set aside under subparagraph (D) that are used for purposes relating to locally-owned bridges that are off-system bridges shall count towards the amount required to be used for off-system bridges by a State under clause (i).
(D)
Set aside for locally-owned bridges
(i)
In general
Except as provided under clause (ii), of the amounts apportioned to a State under this paragraph for each fiscal year, the State shall set aside not less than 25 percent to fund a competitive process for locally-owned bridges as described in clause (iv) of this subparagraph.
(ii)
Exception
The Secretary, in consultation with relevant State and local officials, may reduce the set aside requirement for a State under clause (i) only if the Secretary determines that the State has an insufficient number of projects relating to locally-owned bridges.
(iii)
Competitive process
A State required to obligate funds in accordance with this subparagraph shall conduct a competitive process to select projects for funding.
(iv)
Locally-owned bridge defined
In this subsection, the term  locally-owned bridge  means a bridge owned by a county, town, township, city, municipality, or other local entity.
(E)
Limitation
(i)
In general
Except as provided in clause (ii), of the amounts apportioned to a State under this paragraph for each fiscal year, the State may use not more than 5 percent of such amounts for projects that consist solely of culvert replacement or rehabilitation.
(ii)
Exception
The limitation under clause (i) shall not apply if a State is required by an injunction issued by a Federal court to modify or replace culverts.
(F)
National bridge inventory
For purposes of determining the amount apportioned to each State pursuant to subparagraph (A), the Secretary shall calculate such formula using the most recently available data from the national bridge inventory established under section 144(b).
(G)
Non-applicability
Section 165(b)(3) shall not apply to amounts apportioned under this subsection.
(4)
Cost share
The Federal share of the cost of a project carried out under this subsection shall be determined in accordance with section 120, except that, in the case of such a project for an off-system bridge that is a locally-owned bridge or is owned by a federally-recognized Tribe, the Federal share shall be 95 percent.
(5)
Transfers
A State may only transfer amounts apportioned under this subsection if the Secretary determines that the State has an insufficient number of eligible projects for which such amounts may be used.
(6)
Treatment of projects
Notwithstanding any other provision of law, a project carried out with amounts apportioned under this subsection shall be treated as a project on a Federal-aid highway under this chapter.
(7)
Set aside for Tribal transportation facility bridges
Of the amounts made available to carry out this subsection, the Secretary shall set aside 3 percent to carry out section 202(d).
(8)
Set-aside for culverts
Of amounts made available to carry out this subsection, $200,000,000 for each fiscal year through fiscal year 2031 shall be available to the Secretary, through the Administrator of the Federal Highway Administration, to make competitive grants under section 6703 of title 49.
(9)
Reports
(A)
Reports to Secretary
(i)
In general
Each State that receives a grant under this section shall submit to the Secretary, on an annual basis, a report describing—
(I)
progress made in completing projects with funds apportioned under this subsection; and
(II)
the effectiveness of such projects in reducing the number of bridges in poor condition and that require posted weight restrictions.
(ii)
Publication
The Secretary shall publish each report submitted under clause (i) on a publicly available website of the Secretary.
(B)
Report to Congress
The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, an annual report describing—
(i)
projects carried out under this subsection;
(ii)
national trends regarding the condition of bridges, including the effectiveness of such projects in reducing the number of bridges in poor condition and that require posted weight restrictions; and
(iii)
policy recommendations to improve the effectiveness of the State apportionment mechanism established under this subsection.
(b)
Bridge completion program
(1)
In general
The Secretary shall establish a program for the purpose of awarding grants, on a competitive basis, to eligible entities to improve the safety, efficiency, reliability, capacity, and utility of bridges in the United States.
(2)
Eligible projects
(A)
In general
A grant provided under this subsection may only be used for projects to construct, replace, rehabilitate, preserve, protect, expand, or improve a bridge on the National Highway System.
(B)
Inclusion
In this subsection, the term  eligible project  includes—
(i)
a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and
(ii)
a project to replace or rehabilitate culverts that is eligible under section 176(d).
(C)
Costs
A grant provided for a project described in subparagraph (A) may be used for—
(i)
development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities;
(ii)
construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and
(iii)
expenses related to the protection of a bridge as described in section 133(b)(10).
(3)
Grant amounts
A grant provided under this subsection shall be—
(A)
in an amount that is sufficient (in combination with other financial resources identified in the application for such grant) to fully fund the project for which the grant is awarded; and
(B)
not less than $50,000,000.
(4)
Cost share
(A)
Federal share
The amount of assistance provided by the Secretary under this subsection for a project shall not exceed 50 percent of the total cost of the project.
(B)
Other funds
Federal assistance other than a grant provided under this subsection may be used to satisfy the non-Federal share of the cost of a project for which a grant is provided under this subsection, except that the total Federal assistance provided for such a project may not exceed the applicable Federal share for the project under section 120.
(C)
Federal land management agencies and Tribal governments
Notwithstanding any other provision of law, Federal assistance other than a grant provided under this subsection may be used to pay the remaining share of the cost of a project carried out with a grant provided under this subsection by a Federal land management agency or a Tribal government or consortium of Tribal governments.
(5)
Competitive process and evaluation
(A)
Applications
To be eligible for a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including all necessary information required for the Secretary to—
(i)
determine that the project meets and will continue to meet the applicable requirements under this subsection; and
(ii)
otherwise evaluate the project, including using the criteria described in subparagraph (B).
(B)
Considerations
In selecting projects for which to provide a grant under this subsection, the Secretary shall consider the following:
(i)
The average daily person and freight throughput expected to be supported by the project.
(ii)
The expected safety benefits of the project.
(iii)
The expected national or regional economic benefits of the project.
(iv)
In the case of a project that is bundled with related projects, the extent to which the project will demonstrate cost savings.
(v)
In the case of a project proposed to be carried out by a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog.
(vi)
Geographic diversity among grant recipients, including the need to balance between the needs of rural and urban communities.
(vii)
The extent to which the project is for a bridge in poor condition or at risk of falling into poor condition.
(viii)
The extent to which the project is for a bridge that does not meet the most up-to-date geometric design standards based on the type and use of the bridge.
(ix)
The extent to which the project is for a bridge that does not meet the most up-to-date seismic design standards or incorporate adequate impact protection measures.
(6)
TIFIA program
On the request of an eligible entity carrying out a project with a grant provided under this subsection, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.
(7)
Multiyear agreements
(A)
In general
A project carried out with a grant provided under this subsection may be carried out through a multiyear grant agreement in accordance with this paragraph.
(B)
Requirements
A multiyear grant agreement for a project described in subparagraph (A) shall—
(i)
establish the terms of participation by the Federal Government in the project;
(ii)
establish the maximum amount of Federal financial assistance for the project in accordance with paragraph (4);
(iii)
establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided;
(iv)
determine the period of time for completing the project, even if the period extends beyond the period of an authorization; and
(v)
attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations).
(C)
Special financial rules
(i)
In general
A multiyear grant agreement under this paragraph—
(I)
shall obligate an amount of available budget authority specified in law; and
(II)
may include a commitment, contingent on an amount to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
(ii)
Statement of contingent commitment
The agreement shall state that the contingent commitment is not an obligation of the Federal Government.
(iii)
Interests and other financing costs
(I)
In general
Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that the eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.
(II)
Certification
The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
(iv)
Advance payment
Notwithstanding any other provision of law, an eligible entity carrying out a project under a multiyear grant agreement—
(I)
may use funds made available to the entity under this title for eligible project costs of the project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and
(II)
if the eligible entity uses funds described in subclause (I), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project.
(8)
Undertaking parts of projects in advance under letters of no prejudice
(A)
In general
The Secretary may pay to an eligible entity all eligible project costs described in paragraph (2)(B), including costs for an activity for a project incurred prior to the date on which the project receives funding under this subsection if—
(i)
before the eligible entity carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under this subsection;
(ii)
a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been issued for the project; and
(iii)
the activity is initially carried out without Federal assistance and in accordance with all applicable procedures and requirements.
(B)
Interests and other financing costs
(i)
In general
For the purposes of subparagraph (A), the cost of carrying out an activity for a project under this subsection includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent the interest and other financing costs are expended in carrying out the activity for the project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.
(ii)
Certification
The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under clause (i).
(C)
No obligation
An approval by the Secretary under subparagraph (A)(i) shall not constitute an obligation of the Federal Government.
(9)
Divestiture consideration for federally-owned bridges
In the case of a bridge owned by a Federal land management agency for which the agency applies for a grant under this subsection, the agency—
(A)
shall consider options to divest the bridge to a State or local entity after completion of the project; and
(B)
may apply jointly with the State or local entity to which the bridge may be divested.
(10)
Treatment of projects
Notwithstanding any other provision of law, a project assisted under this subsection shall be treated as a project on a Federal-aid highway under this chapter.
(11)
Congressional notification
Not later than 3 days before providing a grant for a project under this subsection, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of such grant.
(12)
Eligible entity defined
In this subsection, the term  eligible entity  means any of the following:
(A)
A State or a group of States.
(B)
A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of Census) with a population over 200,000.
(C)
A unit of local government or group of local governments.
(D)
A political subdivision of a State or local government.
(E)
A special purpose district or public authority with a transportation function.
(F)
A Federal land management agency.
(G)
A Tribal government or a consortium of Tribal governments.
(H)
A multistate or multijurisdictional group of entities described in subparagraphs (A) through (G).
 .
(b)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is amended by striking the item relating to section 124 and inserting the following:
124. Grants for rebuilding America’s vital engineering structures program.
  .
1109.
Emergency relief
(a)
In general
Section 125 of title 23, United States Code, is amended—
(1)
in subsection (d)—
(A)
in paragraph (2)—
(i)
in subparagraph (A)(ii) by inserting  or is a protective feature described in paragraph (3)(B)  after  natural disasters ; and
(ii)
by adding at the end the following:
(C)
Improvement
An improvement that is part of a project under this section shall be considered economically justifiable by the Secretary if a State transportation department includes, with an application submitted under this section, a supporting narrative explanation demonstrating that the anticipated benefits of the improvement will exceed the costs.
 ;
(B)
in paragraph (3)(A) by striking  that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters  and inserting  described in subparagraph (B) ; and
(C)
by adding at the end the following:
(6)
Exception to application deadline
Notwithstanding paragraph (1)(B), the Secretary may accept an application from a State transportation department after the 2-year deadline described in such paragraph if the Secretary finds that such application was delayed due to the lack of necessary permits or approvals relating to the repair or reconstruction of highways on Federal-aid highways.
 ; and
(2)
by adding at the end the following:
(h)
Deadline for construction obligation
(1)
In general
Notwithstanding any other provision of law, the Secretary may not require any project funded under this section to advance to the construction obligation stage before the date that is the last day of the fourth fiscal year after the later of—
(A)
the date on which the Governor of the State declared the emergency, as described in subsection (d)(1)(A); or
(B)
the date on which the President declared a major disaster, as described in subsection (d)(1)(A).
(2)
Extension of deadline
The Secretary may extend the deadline under paragraph (1) for not more than 1 year, and may issue additional extensions for a period of not more than 1 year after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant such an extension.
(3)
Requirement
Notwithstanding paragraph (2), the Secretary shall extend the deadline under paragraph (1) for not more than 1 year, and shall issue additional extensions for a period of not more than 1 year after the expiration of any extension, if the Secretary finds that a project under this section has been delayed due to the lack of necessary permits or approvals relating to the repair or reconstructing of highways on Federal-aid highways.
 .
(b)
Updates to emergency relief manual
(1)
In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall revise the emergency relief manual of the Federal Highway Administration to—
(A)
reflect amendments made by subsection (a); and
(B)
to include objective reimbursement thresholds and measurement procedures for debris removal and signal repairs.
(2)
Training for States
The Secretary, acting through the Administrator of the Federal Highway Administration, shall provide to State departments of transportation training relating to revisions made to the emergency relief manual pursuant to paragraph (1).
(3)
Future updates to emergency relief manual
After completing the revisions required under paragraph (1), the Secretary shall update the emergency relief manual of the Federal Highway Administration not less frequently than once every 3 years.
1110.
Toll roads, bridges, tunnels, and ferries
Section 129 of title 23, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (9)(A) by striking  that serves the public  and inserting  in scheduled or charter service ; and
(B)
in paragraph (11) by adding at the end the following:
(F)
Charter service
The term  charter service  has the meaning given the term in section 604.3 of title 49, Code of Federal Regulations.
 ; and
(2)
by striking subsection (d) and inserting the following:
(d)
Exception
(1)
In general
Notwithstanding any other provision of this title, or any regulation thereunder, Presidio County, Texas, may impose and collect tolls on the Presidio-Ojinaga International Bridge or for the use thereof, provided that Presidio County obtains the ownership interest of the State of Texas before imposing and collecting such tolls.
(2)
Use of revenues
Presidio County, Texas, shall use any revenues received under the authority of this subsection for preventative and routine maintenance of roadways located in such County and related costs.
 .
1111.
Railway-highway grade crossings
(a)
In general
Section 130 of title 23, United States Code, is amended—
(1)
in subsection (a) by striking  elimination of hazards of railway-highway crossings  and inserting  reduction or elimination of hazards of railway-highway crossings, including installing protective devices such as quad gates, ;
(2)
in subsection (e)(1)(A) by striking  2022 through 2026  and inserting  2027 through 2031 ;
(3)
in subsection (i)(3)(B) by inserting  (as adjusted annually by the Secretary beginning in fiscal year 2027 to reflect any increases in the Consumer Price Index prepared by the Department of Labor)  after  $100,000 ; and
(4)
in subsection (k) by striking  8  and inserting  4 .
(b)
Guidance
Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the Federal Highway Administration, shall issue guidance describing the types of projects under section 130(e)(1)(B) of title 23, United States Code, for which a State may use funds set aside under section 130(e)(1)(A) of such title.
1112.
Surface transportation block grant program
(a)
In general
Section 133 of title 23, United States Code, is amended—
(1)
by striking  low water crossing  and inserting  low-water crossing  each place it appears;
(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (E) by striking  section 1401 of MAP–21 ( 23 U.S.C. 137  note)  and inserting  section 180 ;
(ii)
in subparagraph (F) by striking  and  at the end;
(iii)
in subparagraph (G) by striking the period and inserting  ; and ; and
(iv)
by adding at the end the following:
(H)
infrastructure to improve the ability of an existing surface transportation asset to—
(i)
withstand 1 or more elements of a weather event or natural disaster; or
(ii)
increase the resilience of surface transportation infrastructure from the impacts of natural disasters.
 ;
(B)
in paragraph (7) by striking  ,,  and inserting a comma;
(C)
in paragraph (11) by inserting  and rail  before  planning ;
(D)
in paragraph (16) by inserting  , and digital infrastructure  before the period at the end;
(E)
by redesignating paragraphs (5) through (24) as paragraphs (4) through (23), respectively; and
(F)
by adding at the end the following:
(24)
Projects described in subsections (a), (d), and (e) of section 176.
(25)
Planning, design, construction, and improvements associated with a passenger rail station or equipment that serves a State-supported route (as such term is defined in section 24102 of title 49).
 ;
(3)
in subsection (c)—
(A)
in paragraph (1) by striking  a new bridge or ;
(B)
in paragraph (2) by striking  paragraphs (5) through (15) and paragraph (23) of subsection (b)  and inserting  paragraphs (4) through (14) and paragraph (22) of subsection (b) ; and
(C)
in paragraph (5) by striking  by the Secretary  and inserting  in subsection (f)(1) ;
(4)
in subsection (d)—
(A)
in paragraph (1)(A) by striking  2022 through 2026  and inserting  2027 through 2031 ; and
(B)
in paragraph (3)(A)(ii) by striking  2022 through 2026  and inserting  2027 through 2031 ;
(5)
in subsection (e)(1) by striking  2022 through 2026  and inserting  2027 through 2031 ;
(6)
in subsection (f)—
(A)
by striking paragraph (1) and inserting the following:
(1)
Definitions
In this subsection:
(A)
Low-water crossing
The term  low-water crossing  means a waterway crossing for a public road (other than a bridge) that has been improved to be—
(i)
passable by vehicles during periods of ordinary stream flow; and
(ii)
impassable by vehicles during periods of high stream flow.
(B)
Off-system bridge
The term  off-system bridge  means a bridge or low water crossing that—
(i)
is located on a public road that is not a Federal-aid highway; and
(ii)
is greater than 6 feet in length.
 ;
(B)
in paragraph (2)—
(i)
by striking  and (10) of subsection (b)  and inserting  and (9) of subsection (b) ;
(ii)
by striking  low water crossings with  and inserting  low-water crossings with ; and
(iii)
by striking  subsection (b)(10) for low water crossings (as defined by the Secretary)  and inserting  subsection (b)(9) for low-water crossings ; and
(C)
in paragraph (3) by striking  (as defined by the Secretary) ;
(7)
in subsection (h)(7)—
(A)
by redesignating subparagraph (C) as subparagraph (E); and
(B)
by striking subparagraph (B) and inserting the following:
(B)
Flexible financing
Notwithstanding section 120—
(i)
the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and
(ii)
the Federal share of the cost of an individual project under this subsection may be up to 100 percent.
(C)
Treatment as non-Federal share
Notwithstanding any other provision of law, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if—
(i)
a project that is otherwise eligible under this subsection includes a Proven Safety Countermeasure for bicyclists or pedestrians, as determined by the Administrator of the Federal Highway Administration on the day before the date of enactment of the  BUILD America 250 Act ; and
(ii)
the proposed project—
(I)
supports State highway safety objectives as determined by—
(aa)
the inclusion of an emphasis area related to vulnerable road users within a relevant State strategic highway safety plan; or
(bb)
a description of the proposed project in a program of projects or strategies developed pursuant to section 148(l); or
(II)
is included in a data-driven local roadway safety plan, including—
(aa)
a complete streets prioritization plan described in section 11206 of the Surface Transportation Reauthorization Act of 2021 ( 23 U.S.C. 134  note);
(bb)
a transition plan described in section 35.150(d) of title 28, Code of Federal Regulations (or successor regulations) (commonly known as an  ADA Transition Plan );
(cc)
a Tribal transportation safety plan; or
(dd)
a comprehensive safety action plan (as defined in section 155).
 ;
(8)
in subsection (j)(2) by inserting  , a community in an urban area with a population of less than 10,000,  after  rural community ;
(9)
in subsection (k)(1)(B)(i) by striking  14501  and inserting  section 14501 ; and
(10)
by adding at the end the following:
(l)
Limitation on planning requirements
Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan in a metropolitan transportation plan under section 134 or a long-range statewide transportation plan under section 135, as applicable.
(m)
Rail limitation
Not more than 5 percent of the funds apportioned to a State under section 104(b)(2) may be used for a project described in subsection (b)(25) that was not eligible under this section on the date prior to the date of enactment of the  BUILD America 250 Act .
 .
(b)
Transferability
Section 126(b)(2)(B) of title 23, United States Code, is amended—
(1)
in clause (i) by striking the semicolon at the end and inserting a period;
(2)
by striking  Secretary  and all that follows through  held  and inserting  State certifies to the Secretary that the State held ; and
(3)
by striking clauses (ii) and (iii).
(c)
Conforming amendment
Section 165(c)(7) of title 23, United States Code, is amended by striking  section 133(b)(13)  and inserting  section 133(b)(12) .
1113.
Transportation planning
(a)
Metropolitan transportation planning
Section 134 of title 23, United States Code, is amended—
(1)
in subsection (b)—
(A)
by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and
(B)
by inserting after paragraph (4) the following:
(5)
Primary urbanized area
The term  primary urbanized area  means an urbanized area that—
(A)
has a population of at least 3,500,000 individuals, as determined by the Bureau of Census; or
(B)
extends into more than 1 State and has a population of at least 200,000, as determined by the Bureau of Census.
 ;
(2)
in subsection (f)(1) by striking  metropolitan area and  and inserting  metropolitan area, including primary urbanized areas that extend into more than 1 State in accordance with section 5308 of title 49, and ;
(3)
in subsection (j)—
(A)
in paragraph (1) by adding at the end the following:
(E)
Exception
Notwithstanding any other provision of law, the amendment of an approved TIP to add a project or an identified phase of a project shall not require public review and comment if the added project or the identified phase—
(i)
was in the approved TIP that immediately preceded the current TIP; and
(ii)
is unchanged from the project or the identified phase in the preceding TIP.
 ; and
(B)
in paragraph (5)(A) by striking  subsection (k)(4)  and inserting  subsection (k)(5) ;
(4)
in subsection (k)(4)—
(A)
in subparagraph (A) by striking
In general.   and inserting
Housing coordination process.  ;
(B)
by striking subparagraph (B);
(C)
in subparagraph (C)—
(i)
by striking
Plan   and all that follows through  A metropolitan planning organization  and inserting
Plan .—A metropolitan planning organization ; and
(ii)
by striking clause (ii); and
(D)
by redesignating subparagraph (C), as amended, as subparagraph (B); and
(5)
by adding at the end the following:
(s)
Additional uses of metropolitan planning funding
In addition to carrying out the purposes of this section, funds apportioned under section 104(b)(6) of this title and section 5313(f) of title 49 to States and metropolitan planning organizations may be used for—
(1)
fiscal administration of local projects;
(2)
preliminary design;
(3)
local technical assistance;
(4)
studies directly linked to transportation; and
(5)
critical data procurement.
 .
(b)
Statewide and nonmetropolitan transportation planning
Section 135 of title 23, United States Code, is amended—
(1)
in subsection (e)(3) by striking the period at the end and inserting  , including primary urbanized areas that extend to more than 1 State in accordance with section 5308 of title 49. ; and
(2)
in subsection (g)—
(A)
by redesignating paragraph (9) as paragraph (10); and
(B)
by inserting after paragraph (8) the following:
(9)
Exception
Notwithstanding any other provision of law, the amendment of an approved transportation improvement program to add a project or an identified phase of a project shall not require public review and comment if the added project or the identified phase—
(A)
was in the approved transportation improvement program that immediately preceded the current transportation improvement program; and
(B)
is unchanged from the project or the identified phase in the preceding transportation improvement program.
 .
(c)
Travel demand data modeling
Section 11205(b) of the Surface Transportation Reauthorization Act of 2021 ( 23 U.S.C. 134  note) is amended—
(1)
in paragraph (1), in the matter preceding subparagraph (A), by striking  Not later than 2 years after the date of enactment of this Act,  and inserting  Not later than 1 year after the date of enactment of  BUILD America 250 Act , ;
(2)
in paragraph (3) by striking  The Secretary  and inserting  Not later than 1 year after the date of enactment of  BUILD America 250 Act , the Secretary ; and
(3)
by adding at the end the following:
(4)
Notification to Congress
The Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate when the requirements of this subsection have been met.
(5)
Report on delay
If the Secretary will not meet the deadline under paragraph (1) or paragraph (3), before the date on which such deadline has not been met, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report stating the reason for the delay and actions taken to meet the requirements of this subsection.
 .
(d)
Direct recipient status of metropolitan planning organizations
(1)
Direct recipient status
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process by which a metropolitan planning organization may qualify as a direct recipient of funds apportioned or made available under section 104(b)(6) of title 23, United States Code.
(2)
Process
The process under paragraph (1)—
(A)
shall ensure metropolitan planning organizations may apply on a rolling basis to become direct recipients under this subsection;
(B)
shall evaluate whether a metropolitan planning organization qualifies as a direct recipient based on the legal, technical, and financial capacity of such organization to receive and appropriately manage Federal funding and funding requirements;
(C)
may occur concurrently with the recertification process under section 134(k)(6) of title 23, United States Code; and
(D)
shall, not later than 1 year after the date of enactment of the  BUILD America 250 Act , establish a process to enable a direct recipient designated under this subsection to use a Federal-aid financial management system, subject to paragraph (4), in a manner similar to a State.
(3)
Direct allocation of Federal planning funds
When the Secretary annually apportions or makes available funds described in paragraph (1), the Secretary shall directly allocate to any direct recipient designated under this subsection—
(A)
contract authority apportioned under section 104(b)(6) of title 23, United States Code, in an amount consistent with the allocation process under section 104(d)(2) of such title for such direct recipient; and
(B)
an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs that is equal to the amounts specified in subparagraph (A).
(4)
Responsibilities
As determined to be appropriate by the Secretary, a direct recipient of funds under this subsection shall be responsible for compliance with all legal requirements associated with such funding, including any requirements applicable to a State under section 106 of title 23, United States Code.
1114.
Highway use tax evasion projects
Section 143(b)(2)(A) of title 23, United States Code, is amended by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
1115.
National bridge and tunnel inventory and inspection standards
(a)
In general
Section 144 of title 23, United States Code, is amended—
(1)
in subsection (a)(1)(A) by striking  the condition of the bridges  and all that follows through  bridge conditions  and inserting  the continuous improvement of bridge conditions in the United States ;
(2)
in subsection (b)—
(A)
in paragraph (3) by adding  and  at the end;
(B)
in paragraph (4) by striking the semicolon at the end and inserting a period; and
(C)
by striking paragraphs (5) and (6);
(3)
in subsection (h)(4)—
(A)
in subparagraph (A) by striking  annually  and inserting  biennially ; and
(B)
in subparagraph (B) by striking  an annual  and inserting  a biennial ; and
(4)
in subsection (j)—
(A)
in paragraph (2) by striking  or 133.  and inserting  , 124, or 133. ;
(B)
in paragraph (3)(A) by striking  or 133;  and inserting  , 124, or 133;  and
(C)
by striking paragraph (5).
(b)
Conforming regulations
The Secretary shall revise subparts C and E of part 650 of subchapter G of  chapter 1  of title 23, Code of Federal Regulations, as necessary to conform to the amendments made by subsection (a)(3).
1116.
Construction of ferry boats and ferry terminal facilities
Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following:
(h)
Authorization of appropriations
There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section—
(1)
$182,000,000 for fiscal year 2027;
(2)
$184,000,000 for fiscal year 2028;
(3)
$186,000,000 for fiscal year 2029;
(4)
$189,000,000 for fiscal year 2030; and
(5)
$191,000,000 for fiscal year 2031.
 .
1117.
Highway safety improvement program
(a)
In general
Section 148 of title 23, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (4)(B)—
(i)
by amending clause (xvi) to read as follows:
(xvi)
Installation of guardrails, barriers (including suicide barriers and barriers between construction work zones and traffic lanes for the safety of road users and roadway workers), and crash attenuators.
 ;
(ii)
in clause (xxiii) by striking  section 1401 of the MAP–21  and inserting  section 180 ;
(iii)
in clause (xxvii)—
(I)
by inserting  bollards,  after  medians, ;
(II)
by striking  and protected  and inserting  protected ; and
(III)
by striking  features.  and inserting  features, or infrastructure that connects 2 or more existing segments of such roadway improvements. ;
(iv)
by redesignating clause (xxix) as clause (xxxii); and
(v)
by inserting after clause (xxviii) the following:
(xxix)
The acquisition, development, or deployment of safety data and systems, including predictive analytics, telematics, and additional validated methodology tools.
(xxx)
The purchase, installation, and performance improvements of digital infrastructure technologies, including digital alerting systems and electronic ticketing (or e-ticketing) technology.
(xxxi)
A project or strategy described in a program developed pursuant to subsection (l)(2)(B).
 ;
(B)
in paragraph (8) by inserting  roadway worker or  after  , including a ; and
(C)
in paragraph (10) by striking  traffic data  and inserting  other traffic data (including predictive analytics, telematics, and additional validated methodology tools used for risk modeling and planning) ;
(2)
in subsection (c)(2)—
(A)
in subparagraph (A)—
(i)
in clause (v) by striking  ; and  and inserting a semicolon;
(ii)
in clause (vi) by inserting  and  after the semicolon; and
(iii)
by adding at the end the following:
(vii)
to evaluate project effectiveness using both post-crash data and predictive analytics, telematics, or additional validated methodology tools;
 ;
(B)
in subparagraph (B)(i)—
(i)
by inserting  construction work zones,  after  roadside obstacles, ; and
(ii)
by inserting  , and roadway workers  after  pedestrians ; and
(C)
in subparagraph (D)—
(i)
in clause (iii)—
(I)
by striking  (including motorcyclists)  and inserting  , motorcyclists ; and
(II)
by inserting  roadway workers,  after  pedestrians, ; and
(ii)
in clause (vi) by striking  and pedestrians,  and inserting  pedestrians, and roadway workers, ;
(3)
in subsection (d)(2)(A)(i) by inserting  every 3 years  after  of the State ;
(4)
in subsection (g)(1)—
(A)
by striking  next fiscal year  and inserting  next 3 fiscal years ;
(B)
by inserting  annual  before  amount equal to ; and
(C)
by striking  200  and inserting  300 ;
(5)
in subsection (h)(1)(C)—
(A)
in clause (ii) by striking  ; and  and inserting a semicolon;
(B)
in clause (iii) by striking the period at the end and inserting  ; and ; and
(C)
by adding at the end the following:
(iv)
the occurrences of fatalities and serious injuries at construction work zones.
 ;
(6)
in subsection (l)(2)(A)—
(A)
in clause (ii)—
(i)
by striking  of the locations ; and
(ii)
by striking  ; and  and inserting a semicolon;
(B)
by redesignating clause (iii) as clause (iv); and
(C)
by inserting after clause (ii) the following:
(iii)
considers the location of fatalities and serious injuries, including roadside obstacles, construction work zones, railway-highway crossing needs, the presence of or absence of dedicated infrastructure for vulnerable road users, and unmarked or poorly marked roads; and
 ; and
(7)
in subsection (l)(2)(B) by striking  subparagraph (A)(iii)  and inserting  subparagraph (A)(iv) .
(b)
Report
In implementing the amendment to section 148(d)(2) of title 23, United States Code, the Secretary may permit a State to take such actions as are necessary to align the submission of the strategic highway safety plan with the submission of the triennial highway safety plan, pursuant to section 402(k) of title 23, United States Code.
1118.
CMAQ program
(a)
In general
Section 149 of title 23, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (10)(B) by striking  or  at the end;
(B)
in paragraph (11)(B) by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
(12)
if the project deploys advanced transportation and congestion management technologies that reduce traffic congestion or improve air quality; or
(13)
if the project supports digital infrastructure and reduces traffic congestion or improves traffic flow.
 ;
(2)
in subsection (c) by adding at the end the following:
(5)
Reduction in minimum spending
Notwithstanding any other provision of this section, a State—
(A)
may obligate funds apportioned under section 104(b)(4) at any location in the State for projects described in section 151(f)(6) or section 151(f)(8)(D) at any location in the State;
(B)
shall consider for such projects the considerations described in section 151(f)(4)(A)(iii); and
(C)
shall obligate not less than the following amounts of such funds for such projects:
(i)
10 percent of funds in fiscal year 2027.
(ii)
9 percent of funds in fiscal year 2028.
(iii)
8 percent of funds in fiscal year 2029.
(iv)
7 percent of funds in fiscal year 2030.
 ;
(3)
in subsection (i)(2)—
(A)
in subparagraph (C) by inserting  , including by considering the cost-effectiveness of a project as it relates to improving air quality and incorporating any recommendations made by the Secretary  after  subsection (l) ; and
(B)
by adding at the end the following:
(D)
Updates
The Secretary, in consultation with the Administrator, shall update the table described in subparagraph (A) not less frequently than once every 2 years.
 ; and
(4)
in subsection (k)(1) by amending subparagraph (B) to read as follows:
(B)
to the extent practicable, prioritize benefits to populations living in, or immediately adjacent to, such area.
 .
(b)
Notification
Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall provide written notification to State transportation departments and relevant metropolitan planning organizations regarding—
(1)
information about the cost-effectiveness of projects obtained through the evaluation conducted pursuant to section 149(i)(2) of title 23, United States Code; and
(2)
the requirement under subparagraph (C) of such section that States and metropolitan planning organizations shall consider such information when selecting projects.
(c)
Repeals
Sections 11402 and 11406 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 149  note), and the items relating to such section in the table of contents under section 1(b) of such Act, are repealed.
1119.
Safe streets and roads for all grant program
(a)
In general
Section 24112 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 402  note) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking  , commonly referred to as a  Vision Zero  or  Toward Zero Deaths  plan, ; and
(ii)
in subparagraph (E) by striking  , including the means by which that effectiveness will be reported to residents in a locality ; and
(B)
in paragraph (2)—
(i)
in subparagraph (B) by inserting  or territory  after  State ;
(ii)
by redesignating subparagraph (D) as subparagraph (E);
(iii)
by inserting after subparagraph (C) the following:
(D)
the District of Columbia;
 ; and
(iv)
in subparagraph (E), as so redesignated, by striking  subparagraphs (A) through (C)  and inserting  subparagraphs (A) through (D) ;
(2)
in subsection (b)—
(A)
by inserting  , acting through the Administrator of the Federal Highway Administration,  after  Secretary ; and
(B)
by striking  , commonly referred to as  Vision Zero  or  Toward Zero Deaths  initiatives ;
(3)
in subsection (c)(2)—
(A)
in subparagraph (B), by striking  less than 40 percent  and inserting  more than 5 percent ; and
(B)
by adding at the end the following:
(C)
Rural set-aside
Of the total amount made available to carry out the program for each fiscal year, not less than 30 percent shall be awarded for grants for eligible projects located in areas with a population of 50,000 or fewer.
(D)
Prioritization
The Secretary shall prioritize applicants that have developed a comprehensive safety action plan when selecting projects under subparagraphs (B) and (C) of subsection (a)(3).
 ;
(4)
in subsection (d)(3)—
(A)
in subparagraph (A) by inserting  roadway workers,  after  pedestrians, ; and
(B)
in subparagraph (E)—
(i)
by striking  , or will ensure, equitable ; and
(ii)
by inserting  rural or  after  safety needs of ;
(5)
in subsection (e) by striking  80  and inserting  90 ;
(6)
in subsection (f)(1) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(7)
in subsection (h) by striking  120 days  and inserting  1 year .
(b)
Transfer
(1)
In general
Section 24112 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 402  note), as amended by subsection (a), is transferred to appear after section 154 of title 23, United States Code, and redesignated as section 155.
(2)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is amended by striking the item relating to section 155 and inserting the following:
155. Safe streets and roads for all grant program.
  .
(3)
Conforming amendment
The table of contents for the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) in section 1(b) of such Act is amended by striking the item relating to section 24112.
1120.
Territorial and Puerto Rico highway program
(a)
In general
Section 165(a) of title 23, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following:
(1)
for the Puerto Rico highway program under subsection (b)—
(A)
$191,000,000 shall be for fiscal year 2027;
(B)
$195,000,000 shall be for fiscal year 2028;
(C)
$199,000,000 shall be for fiscal year 2029;
(D)
$203,000,000 shall be for fiscal year 2030; and
(E)
$207,000,000 shall be for fiscal year 2031; and
(2)
for the territorial highway program under subsection (c)—
(A)
$51,200,000 shall be for fiscal year 2027;
(B)
$52,400,000 shall be for fiscal year 2028;
(C)
$53,600,000 shall be for fiscal year 2029;
(D)
$54,800,000 shall be for fiscal year 2030; and
(E)
$56,000,000 shall be for fiscal year 2031.
 .
(b)
Location of projects
Section 165(c)(7) of title 23, United States Code, is further amended by striking  paragraphs (1), (2), (3), and (5) of .
1121.
HOV facilities
Section 166 of title 23, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (3)(C) by striking  serving the public  and inserting  in scheduled or charter service ; and
(B)
in paragraph (5)(A) by striking  2025  and inserting  2031 ; and
(2)
in subsection (f) by adding at the end the following:
(7)
Charter service
The term  charter service  has the meaning given the term in section 604.3 of title 49, Code of Federal Regulations.
 .
1122.
National highway freight and high priority corridor program
(a)
In general
Section 167 of title 23, United States Code, is amended—
(1)
in the section heading by inserting
and high priority corridor   after
freight  ;
(2)
in subsection (a)—
(A)
in paragraph (1) by striking  under this section to ensure that the Network provides  and inserting  under this section and high priority corridors identified under section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031) to ensure that the Network and high priority corridors provide ; and
(B)
in paragraph (2) by striking  with this section to improve the efficient movement of freight on the National Highway Freight Network.  and inserting
with this section to—
(A)
improve the efficient movement of freight on the National Highway Freight Network; and
(B)
improve high priority corridors to meet the design standards and specifications of the Interstate System and connect to the existing Interstate System.
 ;
(3)
in subsection (b)—
(A)
by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
(B)
by inserting after paragraph (1) the following:
(2)
to increase the capacity of the National Highway Freight Network to improve freight transportation, including through improving and increasing the capacity of the Interstate System and the improvement of high priority corridors;
 ;
(4)
in subsection (c)(2)—
(A)
in subparagraph (C) by striking  and  at the end;
(B)
in subparagraph (D) by striking the period and inserting  ; and ; and
(C)
by adding at the end the following:
(E)
high priority corridors identified under section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031).
 ;
(5)
in subsection (d)(2)—
(A)
in subparagraph (B) by striking  3 percent  and inserting  5 percent ; and
(B)
in subparagraph (E)—
(i)
by redesignating clauses (vi) through (xi) as clauses (vii) through (xii), respectively; and
(ii)
by inserting after clause (v) the following:
(vi)
the movement of agricultural products and access to agriculture facilities;
 ;
(6)
in subsection (e)—
(A)
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(B)
in paragraph (1) by striking  A State  and all that follows through  and—  and inserting
A State shall designate critical rural freight corridors within the border of the State.
(2)
Requirements for designation
A State may designate a public road as a critical freight corridor, pursuant to paragraph (1), if such road is not in an urbanized area and—
 ; and
(C)
in paragraph (4), as so redesignated, by striking  paragraph (2)  and inserting  paragraph (3) ;
(7)
in subsection (h)—
(A)
in paragraph (3)—
(i)
in subparagraph (A) by striking  2 percent  and inserting  2.5 percent ; and
(ii)
in subparagraph (B) by striking  2 percent  and inserting  2.5 percent ; and
(B)
in paragraph (5)—
(i)
in subparagraph (B)—
(I)
by striking clause (iii) and inserting the following:
(iii)
for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project is functionally connected to the National Highway Freight Network; and
 ; and
(II)
in clause (iv) by striking  project—  and all that follows through the period at the end and inserting  project is functionally connected to the National Highway Freight Network. ; and
(ii)
in subparagraph (C)—
(I)
in clause (iii) by striking  Intelligent transportation systems  and inserting  Digital infrastructure, intelligent transportation systems, ;
(II)
in clause (xi) by striking  section 1401 of MAP–21 ( 23 U.S.C. 137  note)  and inserting  section 180 ;
(III)
by redesignating clauses (xxii) and (xxiii) as clauses (xxiv) and (xxv), respectively;
(IV)
by inserting after clause (xxi) the following:
(xxii)
A highway or bridge project to improve or increase the capacity of the National Highway Freight Network, including by increasing the capacity of the Interstate System.
(xxiii)
A highway or bridge project to improve a high priority corridor, including a project to improve facilities to meet design standards and specifications for the Interstate System.
 ; and
(V)
in clause (xxiv), as so redesignated, by striking  clauses (i) through (xxi)  and inserting  clauses (i) through (xxiii) ; and
(8)
in subsection (j)(1)(A)(ii) by striking  ports-of entry  and inserting  ports of entry .
(b)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is amended by striking the item relating to section 167 and inserting the following:
167. National highway freight and high priority corridor program.
  .
1123.
Wildlife crossings pilot program
Section 171 of title 23, United States Code, is amended—
(1)
in subsection (a) by striking  public interest because  and all that follows through the period at the end and inserting  public interest. ;
 (2)
in subsection (b)(1) by striking  collisions; and  and inserting
collisions, including through—
(A)
construction projects; and
(B)
non-construction projects (including planning and research); and
 ;
(3)
in subsection (e)—
(A)
by striking subparagraph (D); and
(B)
by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
(4)
in subsection (g) by striking  60 percent  and inserting  75 percent ;
(5)
by redesignating subsection (i) as subsection (j); and
(6)
by striking subsection (h) and inserting the following:
(h)
Limitation
Of the amounts made available to carry out the pilot program each fiscal year, not more than 5 percent may be used for non-construction activities described in subsection (b)(1)(B).
(i)
Reports
The Secretary shall submit to Congress an annual report through fiscal year 2031 that includes—
(1)
a detailed description of activities carried out under the pilot program;
(2)
an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and
(3)
policy recommendations to improve the effectiveness of the pilot program.
 .
1124.
Surface transportation accelerator grant program
Section 173 of title 23, United States Code, is amended to read as follows:
173
Surface transportation accelerator grant program
(a)
In general
There is established a rural, urban, local, and regional surface transportation grant program, which shall consist of the programs established under subsections (c), (d), and (e) to provide financial assistance for projects eligible under such subsections.
(b)
Administrative provisions
(1)
Grant administration
The Secretary may—
(A)
retain not more than a total of 2 percent of the funds made available to carry out this section and to review applications for grants under this section; and
(B)
transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section.
(2)
Application
To be eligible to receive a grant under this section, an eligible entity under subsections (c), (d), or (e) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.
(3)
Eligible project costs
An eligible entity may use funds from a grant under this section for—
(A)
development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and
(B)
construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.
(4)
Grants
(A)
In general
In carrying out this section, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section.
(B)
Set-asides
Of amounts made available to carry out this section for each fiscal year—
(i)
25 percent shall be for grants under the rural surface transportation grant program under subsection (c);
(ii)
25 percent shall be for grants under the urban surface transportation grant program under subsection (d); and
(iii)
50 percent shall be for grants under the local and regional surface transportation grant program under subsection (e).
(5)
Federal share
(A)
In general
Except as provided in subparagraph (B), the Federal share of the cost of a project carried out with a grant administered under this section may not exceed 80 percent.
(B)
Exceptions
(i)
The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121  note;  Public Law 105–277 ) shall be up to 100 percent, as determined by the State.
(ii)
The Federal share of the cost of an eligible project for a grant carried out in an area of persistent poverty (as defined in section 6702(a) of title 49) may exceed 80 percent, at the discretion of the Secretary.
(C)
Use of other Federal assistance
Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program.
(D)
Additional requirements
(i)
Modal requirements
(I)
In general
Except as otherwise provided in subclause (II), projects funded under this section shall be treated as projects on a Federal-aid highway under this chapter.
(II)
Exceptions
The Secretary shall—
(aa)
for a transit project, apply the requirements of  chapter 53  of title 49;
(bb)
for a rail project, apply the requirements of section 22905 of title 49.
(ii)
Multimodal projects
(I)
In general
Except as otherwise provided in this clause, if an eligible project is a multimodal project, the Secretary shall—
(aa)
determine the predominant modal component of the project; and
(bb)
apply the applicable requirements described in item (aa) of the predominant modal component to the project.
(II)
Exceptions
(aa)
Passenger or freight rail component
The requirements of section 22905 of title 49 shall apply to any passenger or freight rail component of a project.
(bb)
Public transportation component
The requirements of section 5333 of title 49 shall apply to any public transportation component of a project.
(6)
Congressional review
Not later than 3 days before providing a grant under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Environment and Public Works of the Senate—
(A)
a list of all applications determined to be eligible for a grant by the Secretary;
(B)
each application proposed to be selected for a grant, including a justification for the selection; and
(C)
proposed grant amounts.
(7)
Transparency
(A)
In general
Not later than 30 days after providing a grant for a project under this section, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in paragraph (6).
(B)
Briefing
The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under this section.
(C)
Treatment
Assistance provided under subparagraph (B) shall not be considered a guarantee of future selection of an applicable project under the program.
(8)
Annual report
The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under this section during that fiscal year.
(9)
Treatment of projects
Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.
(10)
Pre-award authority
(A)
In general
The Secretary shall provide pre-award authority for eligible pre-award activities to permit expenses to be incurred by a recipient during the period beginning on the date on which the recipient is selected and ending on the date on which the grant agreement is signed.
(B)
Eligible pre-award activities
The Secretary shall make publicly available in the notice of funding opportunity the eligible pre-award activities for an award under this section which shall be similar in nature to eligible pre-award activities granted to applicants under section 5309 of title 49.
(c)
Rural surface transportation grants
(1)
Definitions
In this subsection:
(A)
Program
The term  program  means the program established under paragraph (2)(A).
(B)
Covered rural area
The term  covered rural area  means an area that is outside an urban area with a population of over 50,000.
(2)
Establishment
(A)
In general
The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in covered rural areas.
(B)
Goals
The goals of the program shall be—
(i)
to increase connectivity;
(ii)
to improve the safety and reliability of the movement of people and freight; and
(iii)
to generate regional economic growth and improve quality of life in covered rural areas.
(3)
Eligible entities
The Secretary may make a grant under the program to—
(A)
a State;
(B)
a regional transportation planning organization;
(C)
a unit of local government;
(D)
a Tribal government or a consortium of Tribal governments; and
(E)
a multijurisdictional group of entities described in subparagraphs (A) through (D).
(4)
Eligible projects
(A)
In general
Except as provided in subparagraph (B), the Secretary may make a grant under the program only for a project that is—
(i)
a highway, bridge, or tunnel project eligible under section 119(d);
(ii)
a highway, bridge, or tunnel project eligible under section 133(b);
(iii)
a project eligible under section 202(a);
(iv)
a highway freight project eligible under section 167(h)(5);
(v)
a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a));
(vi)
a project on a publicly-owned highway, road, or bridge that provides or increases access to an agricultural, commercial, energy, water storage or intermodal facility that supports the economy of a covered rural area; or
(vii)
a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services.
(B)
Bundling of eligible projects
(i)
In general
An eligible entity may bundle 2 or more similar eligible projects under the program that are—
(I)
included as a bundled project in a statewide transportation improvement program under section 135; and
(II)
awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity.
(ii)
Itemization
Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135.
(5)
Project requirements
The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—
(A)
will generate regional economic, mobility, or safety benefits;
(B)
will be cost effective;
(C)
will contribute to the accomplishment of 1 or more of the national goals under section 150;
(D)
is based on the results of preliminary engineering; and
(E)
is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
(6)
Additional considerations
In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—
(A)
improve the state of good repair of existing transportation facilities;
(B)
increase the capacity or connectivity of the surface transportation system and improve mobility for residents of covered rural areas;
(C)
address economic development and job creation challenges;
(D)
enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks;
(E)
contribute to geographic diversity among grant recipients;
(F)
utilize innovative project delivery approaches or incorporate transportation technologies;
(G)
coordinate with projects to address broadband infrastructure needs; or
(H)
improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources.
(I)
address disaster preparedness, resilience, or support an evacuation route (as such term is defined in section 176(a));
(J)
support the movement of agricultural products through and from covered rural areas, including by improving or rebuilding bridges (including improvements that allow for the removal or increase of a posted weight restriction);
(K)
support access to Federal or Tribal lands;
(L)
support access to utility infrastructure, including energy infrastructure or water storage facilities; and
(M)
improve the seismic safety or structural resilience of transportation infrastructure located in areas of high seismic risk.
(7)
Grant amount
Except as provided in paragraph (8)(A), a grant under the program shall be in an amount that is not less than $5,000,000.
(8)
Set asides
(A)
Small projects
The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $5,000,000.
(B)
Appalachian Development Highway System
The Secretary shall reserve no more than 15 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40.
(C)
Rural roadway lane departures
The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary.
(D)
Movement of agricultural products from rural areas
The Secretary shall reserve 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects that support the movement of agricultural products from covered rural areas.
(E)
Projects in small communities
The Secretary shall reserve 5 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in areas with a population of not more than 5,000.
(F)
Excess funding
In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under subparagraphs (A) through (E) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program.
(d)
Urban surface transportation grants
(1)
Definitions
In this subsection:
(A)
Program
The term  program  means the program established under paragraph (2)(A).
(B)
Covered urban area
The term  covered urban area  means an area with a population of not less than 50,000.
(2)
Establishment
(A)
In general
The Secretary shall establish an urban surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in urban areas.
(B)
Goals
The goals of the program shall be—
(i)
to increase connectivity;
(ii)
to improve the safety and reliability of the movement of people and freight; and
(iii)
to generate regional economic growth and improve quality of life in urban areas.
(3)
Eligible entities
The Secretary may make a grant under the program to—
(A)
a State;
(B)
the District of Columbia;
(C)
any territory or possession of the United States;
(D)
a unit of local government;
(E)
a public agency or publicly chartered authority established by 1 or more States;
(F)
a special purpose district or public authority with a transportation function or a lessee of a Federal surface transportation hub, including a port authority;
(G)
a transit agency;
(H)
a Tribal government or a consortium of Tribal governments; and
(I)
a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H).
(4)
Eligible projects
(A)
In general
Except as provided in subparagraph (B), the Secretary may make a grant under the program only for a project that is—
(i)
a surface transportation project eligible under this title;
(ii)
a public transportation project eligible for assistance under  chapter 53  of title 49;
(iii)
a passenger rail or freight rail transportation project eligible for assistance under title 49;
(iv)
a project eligible under section 6702 and 6703 of title 49;
(v)
a project eligible for a grant program established under subtitle E of title I of the Surface Transportation Reauthorization Act of 2021 (135 Stat. 578 et. seq.); or
(vi)
a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services.
(B)
Bundling of eligible projects
(i)
In general
An eligible entity may bundle 2 or more similar eligible projects under the program that are—
(I)
included as a bundled project in a statewide transportation improvement program under section 135; and
(II)
awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity.
(ii)
Itemization
Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135.
(5)
Project requirements
The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project—
(A)
will generate regional economic, mobility, or safety benefits;
(B)
will be cost effective;
(C)
will contribute to the accomplishment of 1 or more of the national goals under section 150;
(D)
is based on the results of preliminary engineering; and
(E)
is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.
(6)
Additional considerations
In providing grants under the program, the Secretary shall consider the extent to which an eligible project will—
(A)
improve the state of good repair of existing transportation facilities;
(B)
increase surface transportation system or local connectivity and improve mobility for residents of urban areas;
(C)
address economic development and job creation challenges;
(D)
contribute to geographic diversity among grant recipients;
(E)
improve safety, including the anticipated reduction of accidents and related costs;
(F)
include resilience benefits against natural disasters, including the ability to withstand disruptions from a seismic event;
(G)
incorporate environmental benefits;
(H)
provide safety and mobility benefits to multiple users of the project;
(I)
utilize innovative project delivery approaches or incorporate transportation technologies; or
(J)
improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources, or a facility or organization that provides community support services.
(7)
Grant amount
Except as provided in paragraph (8)(A), a grant under the program shall be in an amount that is not less than $5,000,000.
(8)
Set asides
(A)
Small projects
The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $5,000,000.
(B)
Areas of persistent poverty
Of the total amount made available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in areas of persistent poverty (as defined in section 6702(a) of title 49).
(e)
Local and regional surface transportation grants
(1)
Definitions
In this subsection:
(A)
Eligible entity
The term  eligible entity  means—
(i)
a State;
(ii)
the District of Columbia;
(iii)
any territory or possession of the United States;
(iv)
a unit of local government;
(v)
a public agency or publicly chartered authority established by 1 or more States;
(vi)
a special purpose district or public authority with a transportation function or a lessee of a Federal surface transportation hub, including a port authority;
(vii)
a federally recognized Indian Tribe or a consortium of such Indian Tribes;
(viii)
a transit agency; and
(ix)
a multi-State or multijurisdictional group of entities described in any of clauses (i) through (viii).
(B)
Eligible project
The term  eligible project  means—
(i)
a highway or bridge project eligible for assistance under this title, including—
(I)
improvement of a high priority corridor to meet the design standards and specifications of the Interstate System and connect to the existing Interstate System; and
(II)
infrastructure improvements to address freight bottlenecks;
(ii)
a public transportation project eligible for assistance under  chapter 53  of title 49;
(iii)
a passenger rail or freight rail transportation project eligible for assistance under title 49;
(iv)
a port infrastructure investment, including—
(I)
inland port infrastructure; and
(II)
a land port-of-entry;
(v)
the surface transportation components of an airport project eligible for assistance under part B of subtitle VII of title 49;
(vi)
a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government;
(vii)
a project to replace or rehabilitate a culvert or prevent stormwater runoff that is eligible under section 176(d) and will advance the goal of the program established under this subsection; and
(viii)
any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program.
(C)
Program
The term  program  means the program established under paragraph (2)(A).
(D)
Specified rural area
The term  specified rural area  means an area that is located outside of a specified urban area.
(E)
Specified urban area
The term  specified urban area  means an area with a population of more than 200,000 residents, based on the most recent decennial census.
(2)
Establishment
(A)
In general
The Secretary shall establish and carry out a local and regional surface transportation grant program to provide for capital investments in surface transportation infrastructure on a competitive basis.
(B)
Goal
The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve surface transportation infrastructure.
(3)
Grants
(A)
Amount
Except as otherwise provided in this subsection, each grant made under this subsection shall be in an amount equal to—
(i)
not less than $5,000,000 for a specified urban area;
(ii)
not less than $1,000,000 for a specified rural area; and
(iii)
not more than $25,000,000.
(B)
Limitation
Not more than 15 percent of the funds made available to carry out this subsection for a fiscal year may be awarded to eligible projects in a single State during such fiscal year.
(4)
Selection of eligible projects
(A)
Notice of funding opportunity
Not later than 60 days after the date on which funds are made available to carry out this subsection, the Secretary shall publish a notice of funding opportunity for the funds.
(B)
Primary selection criteria
In awarding grants under this subsection, the Secretary shall evaluate the extent to which a project—
(i)
improves safety;
(ii)
improves environmental sustainability;
(iii)
improves quality of life;
(iv)
increases economic competitiveness and opportunity, including tourism opportunities;
(v)
contributes to a state of good repair; and
(vi)
improves mobility and community connectivity.
(C)
Additional selection considerations
In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which—
(i)
the eligible entity collaborated with other public and private entities;
(ii)
the project adopts innovative technologies or techniques, including—
(I)
innovative technology;
(II)
innovative project delivery techniques; and
(III)
innovative project financing;
(iii)
construction of the project is reasonably expected to begin not later than 18 months after the date on which the project is selected;
(iv)
the eligible entity includes documentation certifying such entity has notified a State transportation department if the project is located on a State-owned or State-managed facility; and
(v)
the project is cost effective.
(D)
Limitation
In awarding grants under the program, the Secretary shall select grant recipients based only on the selection criteria described in subparagraphs (C) and (D).
(E)
Transparency
(i)
In general
The Secretary, shall evaluate, through a methodology that is discernible and transparent to the public, the means by which each application submitted under paragraph (4) addresses the criteria under subparagraphs (C) or (D) of such paragraph or otherwise established by the Secretary.
(ii)
Publication
The methodology under clause (i) shall be published by the Secretary as part of the notice of funding opportunity under the program.
(F)
Awards
Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section.
(5)
Treatment of other Federal funds
Amounts provided under any of the following programs shall be considered to be a part of the non-Federal share for a project under this subsection:
(A)
The tribal transportation program under section 202.
(B)
The Federal lands transportation program under section 203.
(C)
The TIFIA program (as defined in section 601(a)).
(D)
The Railroad Rehabilitation and Improvement Financing Program under  chapter 224  of title 49.
(6)
Other considerations
(A)
In general
Of the total amount made available to carry out the program under this subsection for each fiscal year—
(i)
not more than 50 percent shall be allocated for eligible projects located in specified rural areas; and
(ii)
not more than 50 percent shall be allocated for eligible projects located in specified urban areas.
(B)
Projects for regional hubs
Of the total amount made available for eligible projects under subparagraph (A)(i) for each fiscal year, the Secretary shall reserve 10 percent for eligible projects located in communities with a population between 50,000 and 100,000.
(C)
Areas of persistent poverty
Of the total amount made available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in areas of persistent poverty (as defined in section 6702(a) of title 49).
(D)
Multimodal and geographical considerations
In selecting projects to receive grants under the program, the Secretary shall take into consideration geographical and modal diversity.
(7)
Project planning
(A)
In general
Of the amounts made available to carry out the program for each fiscal year, not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects.
(B)
Nonapplicability of certain limitations
Clauses (i) and (ii) of paragraph (3)(A) shall not apply with respect to amounts made available for planning, preparation, or design under subparagraph (A).
(8)
Transfer of authority
Of the amounts made available to carry out the program for each fiscal year, the Administrator may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this subsection.
(9)
Credit program costs
(A)
In general
Subject to subparagraph (B), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under—
(i)
chapter 6; or
(ii)
 chapter 224  of title 49.
(B)
Limitation
Not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to carry out subparagraph (A).
(10)
Reports
Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall—
(A)
review the administration of the program, including—
(i)
the solicitation process; and
(ii)
the selection process, including—
(I)
the adequacy and fairness of the process; and
(II)
the selection criteria; and
(B)
submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Environment and Public Works of the Senate a report describing the findings of the review under subparagraph (A), including recommendations for improving the administration of the program, if any.
 .
1125.
Repeal of program
(a)
Repeal
Section 175 of title 23, United States Code, is repealed.
(b)
Technical and conforming amendment
The analysis for  chapter 1  of title 23, United States Code, is amended by striking the item relating to section 175.
1126.
PROTECT program
Section 176 of title 23, United States Code, is amended—
(1)
in subsection (b)(2)—
(A)
by striking subparagraph (A); and
(B)
by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively;
(2)
by striking subsection (c);
(3)
by redesignating subsection (h) as subsection (c);
(4)
in subsection (d) by striking  In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the  and inserting  The ;
(5)
in subsection (e)—
(A)
in paragraph (1)—
(i)
in subparagraph (A)—
(I)
by striking  A State that receives funds apportioned to the State under section 104(b)(8) or an  and inserting  An ; and
(II)
by striking  if the State or eligible entity  and inserting  if the eligible entity ; and
(ii)
in subparagraph (B)—
(I)
in clause (i) by striking  funds apportioned to a State under section 104(b)(8) or ;
(II)
in clause (ii) by striking  carried out with funds under subsection (c) or a grant  and inserting  carried out with a grant ; and
(III)
in clause (iii)—
(aa)
in subclause (I) by striking  carried out with funds under subsection (c) or a grant  and inserting  carried out with a grant ; and
(bb)
in subclause (II) by striking  funds under subsection (c) or ; and
(B)
in paragraph (2)(D)(iv)(II) by striking  apportioned to the State under section 104(b)(8) or ; and
(6)
in subsection (f)(1) by striking  Not later than 18 months after the date of enactment of this section, the  and inserting  The .
1127.
Codification and improvement of Jason’s Law
(a)
Sense of Congress
It is the sense of Congress that it is a national priority to address projects under this section for the shortage of parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators.
(b)
Parking for commercial motor vehicles
 Chapter 1  of title 23, United States Code, is amended by adding at the end the following:
180.
Parking for commercial motor vehicles
(a)
Definitions
In this section:
(1)
Commercial motor vehicle
The term  commercial motor vehicle  has the meaning given such term in section 31132 of title 49.
(2)
Safety rest area
The term  safety rest area  has the meaning given such term in section 120(c)(1).
(b)
Grant authority
The Secretary shall make grants, on a competitive basis, to eligible entities for projects to provide public parking for commercial motor vehicles and improve the safety of commercial motor vehicle drivers.
(c)
Eligible entities
(1)
In general
An entity eligible to receive a grant under this section is any of the following:
(A)
A State.
(B)
A metropolitan planning organization.
(C)
A unit of local government.
(D)
A political subdivision of a State or local government carrying out responsibilities relating to commercial motor vehicle parking.
(E)
A Tribal government or a consortium of Tribal governments.
(F)
A multistate or multijurisdictional group of entities described in subparagraphs (A) through (E).
(2)
Private sector participation
An eligible entity that receives a grant under this section may partner with a private entity to carry out a project under this section.
(d)
Eligible projects
(1)
In general
An eligible entity may use a grant provided under this section for a project described in paragraph (2) that is on—
(A)
a Federal-aid highway; or
(B)
a facility with reasonable access (as described in section 658.19 of title 23, Code of Federal Regulations (or a successor regulation)) to—
(i)
a Federal-aid highway; or
(ii)
a freight facility.
(2)
Projects described
A project referred to in paragraph (1) is a project—
(A)
to construct a safety rest area that includes parking for commercial motor vehicles;
(B)
to construct additional commercial motor vehicle parking capacity—
(i)
adjacent to a private commercial truck stop or travel plaza;
(ii)
within the boundaries of, or adjacent to, a publicly owned freight facility, including a port terminal operated by a public authority;
(iii)
at an existing facility, including an inspection or weigh station and a park-and-ride location; or
(iv)
at another suitable facility, as determined by the eligible entity, in concurrence with the Secretary;
(C)
to reopen an existing weigh station, safety rest area, park-and-ride facility, or other government-owned facility, that is not in use, for commercial motor vehicle parking;
(D)
to construct or make capital improvements to an existing public commercial motor vehicle parking facility to expand parking use and availability, including at a seasonal facility;
(E)
to identify, promote, and manage the availability of publicly and privately provided commercial motor vehicle parking, such as through the use of intelligent transportation systems;
(F)
to improve the personal safety of commercial motor vehicle drivers at a parking facility as part of a project described in subparagraphs (A) through (D);
(G)
to improve a parking facility, including through truck stop electrification systems, as part of a project described in subparagraphs (A) through (D);
(H)
to construct turnouts for commercial motor vehicles; or
(I)
to improve the geometric designs of interchanges to improve access to safety rest areas and commercial motor vehicle parking facilities.
(e)
Application
To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
(1)
a description of the proposed project; and
(2)
any other information that the Secretary determines to be necessary.
(f)
Selection criteria
The Secretary may select a project to receive a grant under this section only if the Secretary determines that—
(1)
there is a shortage of commercial motor vehicle parking capacity in the corridor in which the project is located;
(2)
the eligible entity has consulted with motor carriers, commercial motor vehicle drivers, public safety officials, and private providers of commercial motor vehicle parking regarding the project;
(3)
the project will likely—
(A)
increase the availability or utilization of commercial motor vehicle parking;
(B)
facilitate the efficient movement of freight; or
(C)
improve highway safety, traffic congestion, and air quality; and
(4)
the eligible entity demonstrates the ability to provide for the maintenance and operation of the facility.
(g)
Additional consideration
To the maximum extent practicable, the Secretary shall select projects to receive grants under the program in a manner that—
(1)
prioritizes projects based on the severity of the commercial motor vehicle parking capacity shortage in the area and the degree to which such projects would alleviate such shortage; and
(2)
maximizes the geographic distribution among grant recipients, including a balance between the need of new commercial motor vehicle parking capacity across rural and urban communities.
(h)
Use of funds
(1)
In general
In accordance with the limitations in paragraph (2), an eligible entity may use a grant under this section for—
(A)
development phase activities, including planning, feasibility analysis, benefit-cost analysis, environmental review, preliminary engineering and design work, and other preconstruction activities necessary to advance a project under this section; and
(B)
construction and operational improvements.
(2)
Limitations
(A)
Planning and preliminary work
An eligible entity may use not more than 20 percent of the amount of a grant under this section for activities described in paragraph (1)(A).
(B)
Parking availability management
(i)
In general
Except as provided in clause (ii), not more than 10 percent of the amounts made available for each fiscal year for grants under this section may be used for projects described in subsection (d)(2)(E) that solely identify, promote, and manage the availability of existing commercial motor vehicle parking.
(ii)
Exception
Clause (i) shall not apply to a project described in subsection (d)(2)(E) that is part of a larger project to expand commercial motor vehicle parking capacity.
(3)
Prohibition
(A)
In general
No amounts made available to an eligible entity pursuant to this section may be used for construction or development phase activities that would enable the construction of charging or fueling infrastructure for the propulsion of a vehicle, including a commercial motor vehicle.
(B)
Savings provision
Nothing in this paragraph limits the use of funds other than funds made available to carry out this section.
(i)
Requirements
(1)
Publicly accessible parking
Commercial motor vehicle parking constructed, opened, or improved with funds from a grant under this section shall be open and accessible to all commercial motor vehicle drivers.
(2)
Prohibition on charging fees
No fee may be charged by an eligible entity to a commercial motor vehicle driver to gain access to parking constructed, opened, maintained, or improved with a grant under this section.
(j)
Treatment of projects
Notwithstanding any other provision of law, a project carried out under this section shall be treated as a project on a Federal-aid highway under this chapter.
(k)
Period of availability of funds
Amounts made available for a project under this section shall remain available for a period of 3 years after the last day of the fiscal year in which the amounts are made available.
(l)
Survey and comparative assessment
(1)
In general
Not later than 4 years after the date of enactment of this section, and every 2 years thereafter, the Secretary, in consultation with appropriate State motor carrier safety personnel, motor carriers, State departments of transportation, and private providers of commercial motor vehicle parking, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that—
(A)
evaluates the availability of adequate parking and rest facilities, taking into account both private and public facilities, for commercial motor vehicles engaged in interstate transportation;
(B)
evaluates the effectiveness of the projects funded under this section in improving access to commercial motor vehicle parking;
(C)
evaluates the ability of recipients of a grant under this section to sustain the operation of parking facilities constructed with funds provided under this section; and
(D)
reports on the status of ongoing projects to provide adequate commercial motor vehicle parking facilities.
(2)
Results
The Secretary shall make each report under paragraph (1) available to the public on the website of the Department of Transportation.
(3)
Alignment of reports
In carrying out this subsection, the Secretary shall—
(A)
consider the results of the commercial motor vehicle parking facilities assessments of States under subsection (f) of section 70202 of title 49; and
(B)
seek to align the contents of each report under paragraph (1) and the submission and publication of such reports with the State freight plans developed and updated under such section.
 .
(c)
Clerical and conforming amendments
(1)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is amended by adding at the end the following:
180. Parking for commercial motor vehicles.
  .
(2)
Conforming amendment
Section 1401 of MAP–21 ( 23 U.S.C. 137  note), and the item relating to such provision in the table of contents under section 1(c) of such Act, are repealed.
1128.
Consolidated funding pilot program
(a)
In general
 Chapter 1  of title 23, United States Code, is further amended by adding at the end the following:
181.
Consolidated funding pilot program
(a)
In general
Beginning in fiscal year 2028, the Secretary shall establish and carry out a pilot program to allow not more than 10 States to receive the base apportionment for the State in a lump sum, to be obligated and expended in accordance with this section.
(b)
Criteria
The Secretary shall develop criteria for the selection of a State to receive a block grant under this Act, including requiring that each recipient State—
(1)
meets minimum levels for the condition of pavement established by the Secretary under section 150(c)(3);
(2)
meets minimum levels for the condition for bridges on the National Highway System as described in section 119(f)(2);
(3)
uses a performance-based approach to transportation planning and programming for statewide and metropolitan planning areas to meet the requirements of sections 134, 135, and 150; and
(4)
meets recertification requirements for State asset management plans for the National Highway System as described in section 119(e).
(c)
Applications
(1)
Request
The Secretary shall request applications for participation under this section in accordance with paragraph (2).
(2)
Contents
An application submitted to the Secretary under this paragraph shall include a plan on how the State and each affected metropolitan planning organization will continue to meet, or make significant progress toward meeting, performance measures and standards under section 150(c).
(d)
Use of block grant funds
(1)
Eligibility
Funds made available to a State under this program shall be eligible for use for any project eligible—
(A)
under the national highway performance program under section 119;
(B)
under the surface transportation block grant program under section 133;
(C)
under the highway safety improvement program under section 148;
(D)
under the congestion mitigation and air quality improvement program under section 149;
(E)
for metropolitan planning under section 134; and
(F)
under the national highway freight and high priority corridor program under section 167.
(2)
Allocations of apportioned funds to areas based on population
(A)
Allocation
Of the total amount of funds provided under this section in a fiscal year for projects described under paragraph (1)—
(i)
25 percent shall be obligated under this section, in proportion to their relative shares of the population of the State—
(I)
in urbanized areas of the State with an urbanized area population of over 200,000;
(II)
in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000;
(III)
in urban areas of the State with a population not less than 5,000 and not more than 49,999; and
(IV)
in other areas of the State with a population less than 5,000; and
(ii)
the remainder may be obligated in any area of the State.
(B)
Metropolitan areas
Funds attributed to an urbanized area under subparagraph (A)(i)(I) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area.
(C)
Local consultation
(i)
Consultation with metropolitan planning organizations
For purposes of subclause (II) of subparagraph (A)(i), a State shall—
(I)
establish a new process or utilize the process established under clause (i) of section 133(d)(3)(A) to consult with all metropolitan planning organizations in the State that represent an urbanized area described in such clause; and
(II)
describe how funds allocated for areas described in such clause will be allocated equitably among the applicable urbanized areas.
(ii)
Consultation with regional transportation planning organizations
For purposes of subclauses (III) and (IV) of subparagraph (A)(i), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.
(D)
Distribution among urbanized areas of over 200,000 population
(i)
In general
Except as provided in clause (ii), the amount of funds that a State is required to obligate under subparagraph (A)(i)(I) shall be obligated in urbanized areas described in subparagraph (A)(i)(I) based on the relative population of the areas.
(ii)
Other factors
The State may obligate the funds described in clause (i) based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors and the Secretary grants the request.
(E)
Applicability for planning requirements
Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135.
(3)
Obligation authority
(A)
In general
A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 individuals funds referred to under paragraph (2)(A)(i)(I) shall make available an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying—
(i)
the aggregate amount of funds that the State is required to obligate in the area under paragraph (2) during the period; and
(ii)
the ratio that—
(I)
the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to
(II)
the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
(B)
Joint responsibility
Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A).
(e)
Block grant selection
(1)
Issuance
The Secretary shall provide grants under this section beginning with fiscal year 2028.
(2)
Obligation authority
Nothing in this section shall be construed to increase an obligation limitation applied to funds made available under this section.
(3)
Subsequent fiscal years
Subject to subsection (g)(2), the Secretary shall continue to apportion block grants to the awarded States.
(4)
Sunset
The authority to provide grants under this section shall terminate on October 1, 2031.
(f)
Progress report
(1)
In general
Not later than 2 years after the first fiscal year in which funds are provided under this section, a State receiving funds shall submit to the Secretary a progress report on meeting, or making significant progress toward meeting, performance measures and standards under section 150(c).
(2)
Guidance
Not later than 1 year after the initial funds are provided under this section, the Secretary shall promulgate guidance to lump sum recipients on requirements for submitting a progress report under paragraph (1).
(3)
Review
If the Secretary finds that a State that received funds under this section did not meet, or achieve significant progress (as defined by the Secretary) toward target achievement of, all performance targets set in the report required under paragraph (1), the Secretary may not provide funds to such State under the program in the following fiscal year or 6 months after determination that the State failed to meet, or make significant progress toward target achievement, whichever is later.
(4)
Transmission to Congress
Not later than 30 days after the date on which the Secretary receives a report from a State under paragraph (1), the Secretary shall transmit the progress report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
(5)
Rule of construction
Nothing in this section shall be construed to exempt a State from completing any other transportation plans required under this title.
(g)
Treatment of law
Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid highway under this chapter.
(h)
Definition of base apportionment
In this section, the term  base apportionment  has the meaning given the term in section 104(h).
 .
(b)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is further amended by adding at the end the following:
181. Consolidated funding pilot program.
  .
1129.
Registration fee on motor vehicles
(a)
In general
 Chapter 1  of title 23, United States Code, is further amended by adding at the end the following:
182.
Registration fee on motor vehicles
(a)
In general
The Administrator of the Federal Highway Administration shall impose for each year the following registration fee amounts on the owner of a vehicle registered for operation by a State motor vehicle department:
(1)
$130 for a covered electric vehicle.
(2)
$35 for a covered plug-in hybrid vehicle.
(b)
Withholding of funds for noncompliance
(1)
In general
If a State fails to comply with the requirements under subsection (c), the Administrator shall withhold, from amounts required to be apportioned to any State under section 104(b), an amount equal to 125 percent to the amount required to be remitted under subsection (c)(2).
(2)
Timing
The Administrator shall withhold the amount on the first day of each fiscal year beginning after September 30, 2027, in which the State does not meet the requirements of subsection (c) until the date that is 30 days after the date on which the State meets such requirements.
(c)
Collection and remittance of fee
(1)
Collection of fee
A State motor vehicle department, or an equivalent to such department, shall—
(A)
incorporate the collection of the fees established under subsection (a) into the vehicle registration and renewal processes administered by such department, so long as such fees are imposed for each year in which the fees are required; or
(B)
obtain approval from the Administrator to establish an alternate means of compliance for the collection of such fees that is acceptable to the Administrator.
(2)
Remittance of fee
Not later than 30 days after the last day of each month, a State motor vehicle department shall remit to the Administrator the balance of the total fee amounts collected under this section in the preceding month less the portion reserved for administrative expenses under subsection (e).
(d)
Fee adjustment
(1)
In general
Subject to the limitations in paragraph (2), beginning in 2029, the Administrator shall biennially increase the amounts specified in subsection (a) by $5.
(2)
Limitations
The amount specified in—
(A)
subsection (a)(1) shall not be increased to an amount that exceeds $150; and
(B)
subsection (a)(2) shall not be increased to an amount that exceeds $50.
(e)
Administrative expenses
In any fiscal year in which a State is in compliance with this section, such State may retain an amount not to exceed 1 percent of the total fees collected under this section for administrative expenses.
(f)
Applicability of fees
The fees imposed under paragraphs (1) and (2) of subsection (a) shall terminate on October 1, 2036.
(g)
Definitions
In this section:
(1)
Covered electric vehicle
The term  covered electric vehicle  means a covered motor vehicle that meets the definition of  electric vehicle  under section 86.1803–01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the  BUILD America 250 Act ).
(2)
Covered motor vehicle
The term  covered motor vehicle  has the meaning given the term  motor vehicle  under section 154(a) but excludes a motor vehicle that is a covered farm vehicle or commercial motor vehicle (as such terms are defined in section 390.5 of title 49, Code of Federal Regulations).
(3)
Covered plug-in hybrid vehicle
The term  covered hybrid vehicle  means a covered motor vehicle that meets the definition of  plug-in hybrid electric vehicle  under section 86.1803–01 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the  BUILD America 250 Act ).
 .
(b)
Implementation of certain processes
(1)
Implementation
The Administrator of the Federal Highway Administration may provide grants to State motor vehicle departments, or equivalent departments, to implement a process to carry out section 182 of title 23, United States Code.
(2)
Funding
There is authorized to be appropriated $104,000,000 to carry out this subsection, to remain available until September 30, 2030.
(3)
Eligible amounts
Each State motor vehicle department may receive not more than $2,000,000 under this subsection.
(c)
Regulations
The Administrator shall issue such regulations and guidance as are necessary to—
(1)
carry out section 182 of title 23, United States Code (as added by this section); and
(2)
establish a process for the timely and accurate remittance of fees collected under such section through an electronic method.
(d)
Report
Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of the implementation of section 182 of title 23, United States Code (as added by this section).
(e)
Sense of the Committee
It is the sense of the Committee on Transportation and Infrastructure of the House of Representatives that registration fees collected under section 182 of title 23, United States Code (as added by this Act), should be deposited into the Highway Trust Fund and divided between accounts of such Trust Fund in the same manner as excise taxes enacted after 1982 are deposited into such Trust Fund.
(f)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is amended by adding at the end the following:
182. Registration fee on motor vehicles.
1130.
Transfer of real property no longer needed
(a)
In general
 Chapter 1  of title 23, United States Code, is further amended by adding at the end the following:
183.
Transfer of real property no longer needed
(a)
In general
If a recipient of assistance under this chapter determines real property acquired at least in part with such assistance is no longer necessary for the purpose for which such real property was acquired, the Secretary may authorize the recipient to transfer such real property, with no further obligation to the Government.
(b)
Conditions
The Secretary may only authorize the transfer described under subsection (a) if the Secretary determines—
(1)
there is no longer a purpose for the real property eligible for assistance under this chapter for which such property should be used;
(2)
the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the real property, after considering fair market value and other factors; and
(3)
through an appropriate screening or survey process, that there is no interest in acquiring the real property for Government use.
(c)
Recipients
The Secretary may only authorize a transfer described under subsection (a) to—
(1)
a local governmental authority if such real property will remain a public asset for at least 10 years after the date on which the real property is transferred;
(2)
a local governmental authority or nonprofit organization for the development of the real property; or
(3)
a third-party entity for the development of the real property, if the Secretary determines that—
(A)
a local governmental authority or nonprofit organization is unable to receive the real property;
(B)
the overall benefit of allowing the transfer of the real property is greater than the interest of the Government in selling the property, after considering fair market value and other factors; and
(C)
the third-party entity has demonstrated a satisfactory history of construction or operating an affordable housing development.
 .
(b)
Clerical amendment
The analysis for  chapter 1  of title 23, United States Code, is further amended by adding at the end the following:
183. Transfer of real property no longer needed.
  .
1131.
Federal lands and tribal transportation programs
Section 201(b)(7) of title 23, United States Code, is amended—
(1)
in subparagraph (A)—
(A)
by striking  program or the  and inserting  program, the ; and
(B)
by striking  program shall  and inserting  program, or any project carried out using funds awarded to an Indian Tribe under a competitive grant program under this title or  chapter 67  of title 49 shall ; and
(2)
in subparagraph (B) by striking  be be  and inserting  be .
1132.
Tribal transportation program
Section 202 of title 23, United States Code, is amended—
(1)
in subsection (a)(8)(A) by inserting  grading and  after  excluding road ;
(2)
in subsection (e)(1) by striking  section 148(a)(4).  and inserting  paragraphs (4) and (11) of section 148(a). ; and
(3)
by adding at the end the following:
(g)
Consolidated delivery
(1)
In general
Notwithstanding any other provision of law and subject to paragraph (2), grant funds awarded to an Indian Tribe from a competitive grant program administered by the Federal Highway Administration and made available to an Indian Tribe under a competitive program administered by the Federal Highway Administration or the Secretary may, at the request of such Indian Tribe, be administered as if allocated under this section.
(2)
Set-asides not applicable
The following set-asides shall not apply to funds described in paragraph (1):
(A)
The set-aside described in subparagraph (C) of subsection (b)(3).
(B)
The set-asides described in subsections (a)(6), (c), and (e).
(C)
The set-aside described in section 1123(h)(1) of MAP–21 ( 23 U.S.C. 202  note).
 .
1133.
Federal lands transportation program
Section 203 of title 23, United States Code, is amended—
(1)
in subsection (a)(1)—
(A)
in subparagraph (A)—
(i)
by redesignating clauses (iv), (v), (vi), and (vii) as clauses (v), (vi), (viii), and (ix), respectively;
(ii)
by inserting after clause (iii) the following:
(iv)
provisions for individuals with disabilities;
 ; and
(iii)
by inserting after clause (vi) (as so redesignated) the following:
(vii)
projects to improve the resilience of Federal lands transportation facilities; and
 ; and
(B)
in subparagraph (D)—
(i)
by inserting  than  after  not more ; and
(ii)
by striking  (A)(iv)(I)  and inserting  (A)(v)(I) ; and
(2)
in subsection (b)(1)—
(A)
by striking  October 1, 2011, and on ; and
(B)
by striking  thereafter .
1134.
Federal lands access program
Section 204(a) of title 23, United States Code, is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A)—
(i)
by redesignating clauses (iv) through (ix) as clauses (v) through (x), respectively; and
(ii)
by inserting after clause (iii) the following:
(iv)
provisions for individuals with disabilities;
 ; and
(B)
in subparagraph (C) by inserting  , including a project to improve the resilience of such a transportation facility  after  Federal land ; and
(2)
by striking paragraph (6).
1135.
Nationally significant Federal lands and tribal projects program
Section 1123(c)(3) of the FAST Act ( 23 U.S.C. 201  note) is amended by striking  $12,500,000  and inserting  $5,000,000 .
1136.
Tribal High Priority Projects program
Section 1123(h) of MAP–21 ( 23 U.S.C. 202  note) is amended—
(1)
in paragraph (1) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(2)
in paragraph (2) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
1137.
Consolidation of programs
Section 1519(a) of MAP–21 ( Public Law 112–141 ; 126 Stat. 574) is amended, in the matter preceding paragraph (1), by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
1138.
Update to nonmotorized trails definition
Section 206 of title 23, United States Code, is amended—
(1)
in subsection (a)(1) by striking  except for a motorized wheelchair.  and inserting
except for
(A)
a motorized wheelchair; and
(B)
an electric bicycle (as such term is defined in section 217(j)).
 ; and
(2)
by adding at the end the following:
(j)
Authority to limit use
Notwithstanding subsection (a)(1)(B), a State or local government may restrict or prohibit the operation of an electric bicycle, including a specific class of electric bicycle, on a nonmotorized recreational trail.
 .
B
Improved Project Delivery and Environmental Streamlining
1201.
Project approval and oversight
Section 106 of title 23, United States Code, is amended—
(1)
in subsection (e)(2)—
(A)
in subparagraph (A)—
(i)
by striking  $50,000,000  and inserting  $100,000,000 ; and
(ii)
by adding  and  at the end;
(B)
by striking subparagraph (B); and
(C)
by redesignating subparagraph (C) as subparagraph (B); and
(2)
in subsection (h)—
(A)
in paragraph (1) by striking  $500,000,000  and inserting  $1,000,000,000 ; and
(B)
by adding at the end the following:
(4)
Total cost
The estimated total cost for a major project described in paragraph (1) shall be adjusted annually to reflect increases in the rate of inflation as measured by Consumer Price Index for All Urban Consumers published by the Department of Labor.
 .
1202.
Exemption from review
(a)
Title 23
Section 138 of title 23, United States Code, is amended by adding at the end the following:
(g)
Certain undertakings
(1)
In general
An undertaking described in appendix A or that has received the appropriate determination described in appendix B of the notice of approval issued by the Advisory Council on Historic Preservation titled  Program Comment on Certain Housing, Building, and Transportation Undertakings , published on April 2, 2025 (90 Fed. Reg. 14526) that is part of a transportation program or project shall not be considered use under subsection (a).
(2)
Rule of construction
The exemption under paragraph (1) shall not be construed to apply to any other aspect of a transportation program or project that is not an undertaking described in such paragraph.
(3)
Applicability on Tribal land
The exemption under this subsection shall not apply to undertakings located on Tribal lands, or to undertakings that may affect historic properties located on Tribal lands, unless the applicable Tribal historic preservation officer or a designated representative of the applicable Indian Tribe has provided prior written notification to the Secretary that the Tribe consents to the use of the exemption under this subsection.
 .
(b)
Title 49
Section 303 of title 49, United States Code, is amended—
(1)
in subsection (d)(2)(A) by striking  , United States Code ; and
(2)
by adding at the end the following:
(i)
Certain undertakings
(1)
In general
An undertaking described in appendix A or that has received the appropriate determination described in appendix B of the notice of approval issued by the Advisory Council on Historic Preservation titled  Program Comment on Certain Housing, Building, and Transportation Undertakings , published on April 2, 2025, (90 Fed. Reg. 14526) that is part of a transportation program or project shall not be considered use under subsection (a).
(2)
Rule of construction
The exemption under paragraph (1) shall not be construed to apply to any other aspect of a transportation program or project that is not an undertaking described in such paragraph.
(3)
Applicability on Tribal land
The exemption under this subsection shall not apply to undertakings located on Tribal lands, or to undertakings that may affect historic properties located on Tribal lands, unless the applicable Tribal historic preservation officer or a designated representative of the applicable Indian Tribe has provided prior written notification to the Secretary that the Tribe consents to the use of the exemption under this subsection.
 .
1203.
Efficient environmental reviews for project decisionmaking and One Federal Decision
Section 139 of title 23, United States Code, is amended—
(1)
in subsection (c)—
(A)
in paragraph (1)(B) by striking  may  and inserting  shall ; and
(B)
in paragraph (7)—
(i)
in subparagraph (A) by striking  shall review  and inserting  shall biennially review ; and
(ii)
in subparagraph (C)—
(I)
in the heading by striking
Report   and inserting
Briefing  ; and
(II)
by striking  Not later than  and all that follows through  that includes  and inserting  Not later than 30 days after the completion of each review required under subparagraph (A), the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a briefing that includes ;
(2)
in subsection (d)—
(A)
in paragraph (2) by striking  45 days  and inserting  30 days ;
(B)
in paragraph (8)(D) by striking  project if  and inserting  project only if ; and
(C)
in paragraph (10)—
(i)
in subparagraph (B) by striking  final ; and
(ii)
in subparagraph (C) by striking  subparagraph (A) if  and inserting  subparagraph (A) only if ;
(3)
in subsection (f)—
(A)
in paragraph (1) by striking  process  and inserting  process and before the definition of a project’s purpose and need in paragraph (2) ; and
(B)
by striking paragraph (2) and inserting the following:
(2)
Definition
(A)
In general
The lead agency shall define such project's purpose and need for purposes of any document which the lead agency is responsible for preparing for the project.
(B)
Deadline
The lead agency shall define such project’s purpose and need not later than 45 days after—
(i)
the submission by the project sponsor of the appropriate information to inform the purpose and need description; or
(ii)
any appropriately completed proposed revision to a project that affects the purpose and need description previously prepared or accepted by the lead agency.
(C)
Technical assistance
The Secretary may provide a project sponsor with technical assistance in drafting—
(i)
a purpose and need statement; and
(ii)
any necessary supporting documentation for projects involving Federal approvals from more than 1 Federal agency.
 ;
(4)
in subsection (g)(1)—
(A)
in subparagraph (B) by striking clause (iii) and inserting the following:
(iii)
Major project schedule
To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with the following agency averages for the completion of the environmental review process for major projects—
(I)
not more than 2 years for an environmental impact statement, as measured from the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or
(II)
not more than 1 year for an environmental assessment, as measured from the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.
 ; and
(B)
by striking subparagraph (D) and inserting the following:
(D)
Modification
(i)
In general
Subject to the provisions of this subparagraph, the lead agency may not lengthen or shorten a schedule established under subparagraph (B) except for good cause.
(ii)
Provisions
(I)
Lengthened schedules
The lead agency may only lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency.
(II)
Shortened schedules
The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.
 ;
(5)
in subsection (h)—
(A)
in paragraph (4) by striking  unless significant  and inserting  unless, as determined by the lead agency, significant and relevant ;
(B)
in paragraph (7)(D) by striking  certifies that  and inserting  certifies to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that ; and
(C)
in paragraph (8)(B)—
(i)
in the matter preceding clause (i) by striking  120 days after the date of enactment of the MAP–21  and inserting  90 days ; and
(ii)
by striking clause (ii) and inserting the following:
(ii)
A project that requires the preparation of an environmental impact statement.
(iii)
A sample of not less than 5 percent of the projects requiring preparation of an environmental assessment in each State.
 ;
(6)
in subsection (i) by striking  establish  and inserting  establish, maintain, and continuously improve ;
(7)
in subsection (j)(3) by striking  section 204  and inserting  section 203 or section 204 ;
(8)
in subsection (l)(1) by striking  highway or public transportation  and inserting  highway, public transportation, or rail ;
(9)
in subsection (n) by striking paragraph (3) and inserting the following:
(3)
Length of environmental documents
(A)
Environmental impact statements
(i)
In general
Except as provided in clause (ii), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices.
(ii)
Extraordinary complexity
An environmental impact statement for a proposed action of extraordinary complexity, as determined by the lead agency, shall not exceed 300 pages, not including any citations or appendices.
(B)
Environmental assessments
An environmental assessment shall not exceed 75 pages, not including any citations or appendices.
 ; and
(10)
in subsection (q)—
(A)
in paragraph (1) by striking  Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall  and inserting  Not less than every 3 years, the Secretary shall ; and
(B)
in paragraph (2)—
(i)
in subparagraph (F) by striking  and  at the end;
(ii)
by redesignating subparagraph (G) as subparagraph (H); and
(iii)
by inserting after subparagraph (F) the following:
(G)
the Environmental Protection Agency; and
 .
1204.
Reporting program
Section 157(b) of title 23, United States Code, is amended by adding at the end the following:
(4)
Public availability
The Secretary shall make any report issued pursuant to this subsection publicly available on the website of the Department not later than 30 days after submission of the report under paragraph (1).
 .
1205.
Termination of environmental review implementation funds program
Section 178 of title 23, United States Code, and the item relating to such section in the analysis for chapter 1 of such title, are repealed.
1206.
Streamlining of environmental document preparation
(a)
Use of planning information
Section 304a of title 49, United States Code, is amended by adding at the end the following:
(d)
Use of planning information
An operating administration of the Department of Transportation that is the lead agency for the preparation of an environmental impact statement may eliminate an alternative for a project proposed in the environmental impact statement from detailed consideration if—
(1)
the alternative was previously considered in—
(A)
a metropolitan planning process by a metropolitan planning organization;
(B)
an environmental review process carried out under State law by a State or local transportation agency; or
(C)
a State rail plan under chapter 227 that has been approved by the Secretary;
(2)
the lead agency provided guidance to the applicable planning or review entity regarding analysis of alternatives in the applicable planning or review process, including guidance on the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and any other Federal law necessary for approval of the project;
(3)
the applicable metropolitan planning process or State environmental review process included an opportunity for public review and comment that is comparable to the applicable public review and comment requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. );
(4)
the applicable planning or review entity considered and, after considering public comments gathered pursuant to paragraph (3), rejected the alternative;
(5)
the Federal lead agency independently reviewed the alternative evaluation approved by the applicable planning or review entity; and
(6)
the Federal lead agency determined—
(A)
in consultation with Federal participating or cooperating agencies, that the alternative to be eliminated from consideration is not necessary for compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or
(B)
with the concurrence of Federal agencies with jurisdiction over a permit or approval required for a project, that the alternative to be eliminated from consideration is not necessary for any permit or approval under any other Federal law.
 .
(b)
Planning product definition
Section 168(a)(3) of title 23, United States Code, is amended to read as follows:
(3)
Planning product
The term  planning product  means a decision, analysis, study, or other documented information that is the result of an evaluation or decision-making process of—
(A)
a metropolitan planning process by a metropolitan planning organization under section 134;
(B)
a State transportation planning process under section 135;
(C)
an environmental review process carried out under State law by a State or local transportation agency;
(D)
a State rail plan under  chapter 227  of title 49 that has been approved by the Secretary; or
(E)
any other transportation planning process authorized by State law.
 .
(c)
Alternative analysis
Section 139(f)(4)(E) of title 23, United States Code, is amended—
(1)
by striking clause (i)(II) and inserting the following:
(II)
the evaluations of alternatives in a planning or review process described in clause (ii)(I).
  ; and
(2)
in clause (ii)—
(A)
by striking subclause (I) and inserting the following:
(I)
the alternative was considered in—
(aa)
a metropolitan planning process by a metropolitan planning organization;
(bb)
a State environmental review process by a State or local transportation agency; or
(cc)
a State rail plan under  chapter 227  of title 49 that has been approved by the Secretary;
   ;
(B)
in subclause (II) by striking  metropolitan planning organization or State or local transportation agency, as applicable,  and inserting  applicable planning or review entity ;
(C)
in subclause (III) by striking  metropolitan planning process or State environmental review process  and inserting  planning or review process ;
(D)
in subclause (IV) by striking  metropolitan planning organization or State or local transportation agency  and inserting  planning or review entity ; and
(E)
in subclause (V) by striking  metropolitan planning organization or State or local transportation agency  and inserting  planning or review entity .
1207.
State and eligible entity assumption of responsibility for categorical exclusions
Section 326 of title 23, United States Code, is amended—
(1)
in the section heading by inserting
and eligible entities   after
State  ;
(2)
by striking  a State  and inserting  an eligible entity  each place it appears (excluding subsection (c)(2));
(3)
by striking  States  and inserting  eligible entities  each place it appears;
(4)
by striking  the State  and inserting  the eligible entity  each place it appears (excluding subsection (d)(1)(B)(iii));
(5)
in subsection (a)—
(A)
in paragraph (1) by striking  pursuant to regulations promulgated by the Council on Environmental Quality under part 1500 of title 40, Code of Federal Regulations (as in effect on October 1, 2003)  and inserting  pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) ;
(B)
in paragraph (4) by inserting  , public transportation, or rail  after  highway ; and
(C)
by adding at the end the following:
(5)
Qualifications
For an eligible entity that is not a State, the Secretary shall establish qualifications relating to the demonstration of legal, technical, and financial capabilities before permitting such eligible entity to assume responsibility under this subsection.
 ;
(6)
in subsection (c)—
(A)
in paragraph (2)—
(i)
in the paragraph heading by striking
States   and inserting
eligible entities  ; and
(ii)
by striking  Governor of a State  and inserting  chief executive of an eligible entity ; and
(B)
in paragraph (3)—
(i)
in subparagraph (A) by striking  3 years  and inserting  5 years ; and
(ii)
in subparagraph (C) by striking  5 years  and inserting  10 years ;
(7)
in subsection (d)—
(A)
in paragraph (1)(B)(iii) by striking  Governor of the State  and inserting  chief executive of the eligible entity ; and
(B)
in paragraph (2)—
(i)
in the paragraph heading by striking
State   and inserting
eligible entity  ; and
(ii)
by striking  90 days  and inserting  180 days ;
(8)
in subsection (e) in the subsection heading by striking
State agency   and inserting
Agency  ; and
(9)
by adding at the end the following:
(g)
Relationship to locally administered projects
An eligible entity granted authority under this section may, as appropriate and at the request of a local government—
(1)
exercise such authority on behalf of the local government for a locally administered project; or
(2)
provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and any comparable requirements under State law.
(h)
Eligible entity defined
In this section, the term  eligible entity  means—
(1)
a State; or
(2)
a direct recipient of funds under  chapter 53  of title 49 that is located in an urbanized area with a population of more than 200,000 individuals.
 .
1208.
Surface transportation project delivery program
Section 327 of title 23, United States Code, is amended—
(1)
in subsection (a)(2)—
(A)
in subparagraph (A) by inserting  or partially within, including projects that cross State boundaries and projects that are adjacent to international boundaries,  after  projects within ; and
(B)
by adding at the end the following:
(H)
Projects crossing State boundaries
For any project crossing a State boundary, a State assuming the responsibilities of the Secretary under this section shall receive concurrence from the impacted State or States through which the project crosses.
 ;
(2)
in subsection (b)(2) in the matter preceding subparagraph (A)—
(A)
by striking  Not later than 270 days after the date on which amendments to this section by the MAP–21 take effect, the  and inserting  The ; and
(B)
by striking  amend, as appropriate,  and inserting  maintain and, as appropriate, update ;
(3)
in subsection (c)—
(A)
in paragraph (6) by striking  and ;
(B)
in paragraph (7) by striking  10 years, have a term of 10 years.  and inserting  5 years, have a term of 10 years; and ; and
(C)
by adding at the end the following:
(8)
include only requirements of the State described in this section.
 ;
(4)
in subsection (g)—
(A)
in paragraph (1)(D) by striking  (including public comment and responses to those comments) ; and
(B)
by amending paragraph (2) to read as follows:
(2)
Public availability
An audit conducted under paragraph (1) shall be made publicly available by the Secretary on the website of the Department.
 ;
(5)
in subsection (i) by striking  Congress  and inserting  the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate ; and
(6)
in subsection (j)(2) by striking  90 days  and inserting  180 days .
1209.
Program for eliminating duplication of environmental reviews
Section 330 of title 23, United States Code, is amended—
(1)
by striking subsection (k); and
(2)
by redesignating subsection (l) as subsection (k).
1210.
Training and education; best practices
(a)
In general
Section 504(a) of title 23, United States Code, is amended—
(1)
in paragraph (3)(A)(i)—
(A)
by striking  asset management,  and inserting  contracting, procurement, and asset management, ;
(B)
by redesignating subclauses (I) through (IV) as subclauses (IV) through (VII); and
(C)
by inserting after the matter preceding subclause (IV) (as redesignated by this section) the following:
(I)
contract management throughout all stages of procurement;
(II)
the need for specificity in initial contract scoping and language to reduce project uncertainty, the potential for project scope changes after a contract has been awarded, and the risk of cost overruns;
(III)
the importance of competition in contracting and how State transportation departments or transportation agencies should advertise and conduct outreach to potential bidders to increase the bidder pool for projects;
  ;
(2)
in paragraph (3)(A)(ii)—
(A)
in subclause (V) by striking  and  at the end;
(B)
in subclause (VI) by striking the period at the end and inserting  ; and ; and
(C)
by adding at the end the following:
(VII)
managing contracting officers and engineers and measuring the performance of such contracting officers and engineers as such performance relates to the relative costs of projects compared to projects of comparable scopes that are supervised by other contracting officers and engineers.
  ; and
(3)
in paragraph (3)(B) by striking  and finance.  and inserting  finance, and such other courses the Secretary determines appropriate. .
(b)
Best practices
(1)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall develop and transmit to each State transportation department best practices on—
(A)
improving specificity in initial contract scoping and language to reduce project uncertainty, the potential for project scope changes after a contract has been awarded, and the risk of cost overruns;
(B)
increasing competition in projects funded with Federal grants;
(C)
improving contract advertisement and conducting outreach to potential bidders to increase the bidder pool for projects; and
(D)
improving contracting officer and engineer performance to ensure the greatest value in contracting by a State department of transportation.
(2)
Plans
Not later than 1 year after the date of enactment of this Act, each State transportation department shall submit to the Secretary—
(A)
a plan to incorporate the best practices developed under paragraph (1) into State transportation department procurement and management processes; and
(B)
other best practices of the State transportation department that achieve the items specified in subparagraphs (A) through (D) of paragraph (1).
(3)
Periodic revision
The Secretary shall periodically review and, if appropriate, revise the best practices developed under paragraph (1) and transmit such revisions to each State department of transportation.
1211.
Accelerated decisionmaking in environmental reviews
Section 304a(c) of title 49, United States Code, is amended—
(1)
in paragraph (2)—
(A)
by striking  a draft environmental impact statement, an environmental assessment, or a final environmental impact statement  and inserting  an environmental assessment or environmental impact statement ; and
(B)
by striking  or final  and inserting  or ; and
(2)
in paragraph (3)—
(A)
by striking  a draft environmental impact statement, an environmental assessment, or a final environmental impact statement  and inserting  an environmental assessment or environmental impact statement ; and
(B)
by striking  or final  and inserting  or  in each place it appears.
1212.
Aligning Federal environmental reviews
Section 310 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking  Not later than 1 year after the date of enactment of this section, the  and inserting  The ; and
(B)
by striking  develop  and inserting  establish and periodically update ;
(2)
in subsection (b) in the matter preceding paragraph (1) by striking  developed  and inserting  established ;
(3)
in subsection (c)(1)—
(A)
by striking  Not later than 90 days after the date of enactment of this section, the  and inserting  The ; and
(B)
by inserting  and continuously maintain  after  jointly develop ;
(4)
in subsection (d)—
(A)
in paragraph (2)(B) by inserting  to the maximum extent practicable  after  utilizing ; and
(B)
in paragraph (4) by inserting  relevant  before  groups ;
(5)
in subsection (e) by striking  Not later than 1 year after the date of enactment of this section, the  and inserting  The ; and
(6)
in subsection (f)—
(A)
by striking paragraph (2);
(B)
in paragraph (1)—
(i)
in subparagraph (A) by striking  and  at the end;
(ii)
in subparagraph (B) by striking the period at the end and inserting  ; and ; and
(iii)
by adding at the end the following:
(3)
challenges in aligning Federal environmental reviews under this section.
 ;
(C)
by striking
Reports   and all that follows through  Not later than  and inserting
Reports.— Not later than ; and
(D)
by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively.
1213.
FTA allowance of land acquisition
Section 5323(q) of title 49, United States Code, is amended—
(1)
in the subsection heading by inserting
; land acquisition   after
preservation  ;
(2)
in paragraph (1)—
(A)
by striking the period at the end and inserting  ; and ;
(B)
by striking  may assist  and inserting
may—
(A)
assist
 ; and
(C)
by adding at the end the following:
(B)
pursuant to paragraph (3)(B), reimburse a recipient for the acquisition of real property interests before completion of such environmental reviews without affecting subsequent approvals required for any project by the State or any Federal agency.
 ;
(3)
in paragraph (2)—
(A)
by inserting  and real property interests  before  acquired under ; and
(B)
by striking  anticipation of the project  and inserting  anticipation of a project ; and
(4)
by adding at the end the following:
(3)
Recipient-funded early acquisition of real property interests
(A)
In general
A recipient may carry out, at the expense of the recipient, acquisitions of interests in real property for a project before completion of the review process required for a project under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) without affecting subsequent approvals required for a project by the State or any Federal agency.
(B)
Eligibility for reimbursement
Financial assistance awarded pursuant to this chapter may be used by a recipient to participate in the payment of costs incurred by the recipient for acquisition of real property interests, acquired in advance of any Federal approval or authorization, if the real property interests are subsequently incorporated into a capital project eligible for financial assistance pursuant to this chapter.
 .
1214.
Categorical exclusion for projects of limited Federal assistance
(a)
In general
Section 1317(1) of MAP–21 ( 23 U.S.C. 109  note) is amended—
(1)
in the matter preceding subparagraph (A) by striking  Regulations, and section 771.117(c) of title 23, Code of Federal Regulations  and inserting  Regulations, and sections 771.116(c), 771.117(c), and 771.118(c) of title 23, Code of Federal Regulations (or any successor regulations or policies relating to categorical exclusions) ;
(2)
in subparagraph (A) by striking  $6,000,000  and inserting  $12,000,000 ; and
(3)
in subparagraph (B) by striking  $35,000,000  and inserting  $70,000,000 .
(b)
Codification
Not later than 60 days after the date of enactment of this Act, the Secretary shall issue a final rule revising part 771 of title 23, Code of Federal Regulations, to reflect the amendments made by subsection (a).
(c)
Adoption by other Federal agencies
(1)
Limitation
Notwithstanding any other provision of law, after the date of enactment of this Act, a categorical exclusion described in section 1317(1) of MAP–21 ( 23 U.S.C. 109  note) may be used only by the Department.
(2)
Rule of construction
Nothing in this section shall be construed to affect the adoption or use of such categorical exclusion by any Federal agency as it was in effect on the date before the date of enactment of this Act.
1215.
Programmatic agreements
(a)
In general
Section 1318 of MAP–21 ( 23 U.S.C. 109  note) is amended—
(1)
in subsection (d)—
(A)
in paragraph (2) by striking  Federal Highway Administration  and inserting  Secretary ; and
(B)
by striking paragraph (3) and inserting the following:
(3)
Determinations
An agreement described in paragraph (2) may include determinations by the Secretary of the types of projects categorically excluded (consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )) in the State in addition to the types listed in applicable regulations and orders.
 ; and
(2)
in subsection (e)—
(A)
in paragraph (1) by striking  described in section 771.117(c)  and all that follows through  this subsection)  and inserting  described in sections 771.116, 771.117, and 771.118 of title 23, Code of Federal Regulations ; and
(B)
in paragraph (3) by striking  described in section 771.117(c)  and all that follows through  this subsection),  and inserting  described in sections 771.116, 771.117, and 771.118 of title 23, Code of Federal Regulations, .
(b)
Revision of templates
Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the heads of State transportation departments and any other entities determined appropriate by the Secretary, shall—
(1)
review the template programmatic agreement developed under section 1318(e) of MAP–21 ( 23 U.S.C. 109  note) and identify each type of project that—
(A)
may be subject to a programmatic agreement authorized under section 1318(d)(1) of MAP–21 ( 23 U.S.C. 109  note);
(B)
is not included in the template as part of a determination of the Secretary under section 1318(d)(3) of MAP–21 ( 23 U.S.C. 109  note); and
(C)
is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and
(2)
revise the template programmatic agreement to include each type of project identified under paragraph (1) that the Secretary determines appropriate to increase flexibility for States that enter into a programmatic agreement to carry out environmental and other required project reviews.
1216.
Streamlining Tribal categorical exclusions
Not later than 180 days after the date of enactment of this Act, the Secretary shall seek to develop a set of shared procedures with the head of a relevant Federal agency to allow, to the maximum extent practicable, sponsors of projects eligible for assistance under section 202 of title 23, United States Code, to submit 1 document to demonstrate that the conditions for any categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), that has been adopted by the Secretary, or such head, are satisfied.
1217.
Streamlining small safety projects
Not later than 1 year after the date of enactment of this Act, the Secretary shall publish, and amend as appropriate, a uniform checklist to help project sponsors determine whether certain safety projects qualify for a categorical exclusion under paragraph (3) or (23) of section 771.117(c) of title 23, Code of Federal Regulations.
1218.
Updates to categorical exclusions for public transportation projects
(a)
Categorical exclusions for public transportation projects
Not later than 18 months after the date of enactment of this Act, the Secretary shall take such action as may be necessary to—
(1)
establish such categorical exclusions as the Secretary determines to be relevant and appropriate for use by the Federal Transit Administration with respect to public transportation projects after reviewing categorical exclusions—
(A)
adopted by agencies within the Department; and
(B)
identified in the most recently conducted process pursuant to section 139(q) of title 23, United States Code;
(2)
clarify the application of categorical exclusions under section 771.118 of title 23, Code of Federal Regulations (or any successor regulations), that are explicitly applicable to the assembly, construction, repair, or replacement of transit shelters (or other transit-related shelters) located predominantly within an existing right-of-way; and
(3)
minimize, to the greatest extent allowable by law, the requirements for a recipient of assistance under  chapter 53  of title 49, United States Code, to complete documentation or studies for use by the Secretary in determining if a project for which such assistance is awarded is subject to—
(A)
a categorical exclusion established under paragraph (1);
(B)
a categorical exclusion described in paragraph (2); or
(C)
the requirements of section 306108 of title 54, United States Code.
(b)
Guidance regarding National Historic Preservation Act review
Not later than 180 days after the date of enactment of this Act, the Secretary, taking into consideration the notice of approval issued by the Advisory Council on Historic Preservation titled  Program Comment on Certain Housing, Building, and Transportation Undertakings , published on April 2, 2025, (90 Fed. Reg. 14526), shall issue guidance for recipients of assistance described in subsection (a)(3) with respect to the processes and procedures such recipients may experience in attaining, if applicable, review pursuant to section 306108 of title 54, United States Code.
(c)
Briefing
Not later than 2 years after the date of enactment of this Act, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the actions undertaken by the Secretary to carry out this section.
(d)
Transit shelter defined
In this section, the term  transit shelter  means a canopy structure or other structure open to the elements on at least 1 side and provides partial weather protection for users of public transportation.
C
Miscellaneous
1301.
Transportation rulemaking committees
(a)
In general
Section 102 of title 49, United States Code, is amended by adding at the end the following:
(k)
Transportation rulemaking committees
 Chapter 10  of title 5 shall not apply to such transportation rulemaking committees as the Secretary or the head of a modal administration of the Department shall designate.
 .
(b)
Adoption of existing procedures
(1)
In general
In issuing guidance for the processes and procedures relating to transportation rulemaking committees enabled by the amendment under subsection (a), the Secretary shall, to the maximum extent practicable, adopt the same processes and procedures applicable to aviation rulemaking committees (as such term is referenced in section 106(p)(5)(B) of title 49, United States Code) as such processes and procedures are prescribed in the document entitled  The Federal Aviation Administration Rulemaking and Federal Advisory Committee Manual , approved June 6, 2024.
(2)
Clarification
In issuing guidance under paragraph (1), the Secretary shall clarify that—
(A)
a transportation rulemaking committee may have more than 1 Industry Co-Chair; and
(B)
an individual representing any relevant non-Federal stakeholder (including an individual representing the interests of State or local governments or public interest organizations) may not be precluded from serving as an Industry Co-Chair of a transportation rulemaking committee.
(c)
Requirements
(1)
Transparency
The Secretary shall make all reports and recommendations of a transportation rulemaking committee required to be established under this Act publicly available prior to initiating an applicable rulemaking, if applicable.
(2)
Rulemaking
The Secretary shall ensure that any rulemaking that results from any regulatory recommendation of a transportation rulemaking committee required to be established under this Act is promulgated by a Notice of Proposed Rulemaking.
(d)
Rule of construction
The amendment made by subsection (a) may not be construed to restrict the authority of the Administrator of the Federal Aviation Administration under section 106(p)(5) of title 49, United States Code, as such authority existed on the day before the date of enactment of this Act.
1302.
Vehicle weight limits
(a)
Covered heavy-duty tow and recovery vehicles
Section 127(m) of title 23, United States Code, is amended—
(1)
by striking paragraph (1) and inserting the following:
(1)
In general
The vehicle weight limitations set forth in this section do not apply to a covered heavy-duty tow and recovery vehicle operating in a State under a permit—
(A)
issued by such State in accordance with State law; and
(B)
that includes routing or similar information to ensure safe operation of such vehicle on highway bridges and tunnels.
 ; and
(2)
in paragraph (2)(B)—
(A)
by striking  a gross vehicle weight  and inserting  a gross combined weight rating ; and
(B)
by inserting  rating  after  the gross vehicle weight .
(b)
Operation of certain specialized vehicles on certain highways in the State of Arkansas
Section 127(p) of title 23, United States Code, is amended by inserting  and United States Highway 67 between the exits for county road 315 and highway 224  before  in the State of Arkansas .
(c)
Emergency vehicles
Section 127(r) of title 23, United States Code, is amended—
(1)
in paragraph (1), in the matter preceding subparagraph (A), by striking  a State  and all that follows through  less than  and inserting  a State shall issue a permit for the operation of an emergency vehicle with a vehicle weight up to 86,000 pounds and a maximum of ;
(2)
by redesignating paragraph (2) as paragraph (3); and
(3)
by inserting after paragraph (1) the following:
(2)
Permitting requirement
Any permit issued pursuant to this subsection shall be issued in accordance with State law and shall include routing or similar information to ensure safe operation of an emergency vehicle on highway bridges.
 .
(d)
Hydrogen vehicles
Section 127(s) of title 23, United States Code, is amended—
(1)
in the subsection heading by striking
gas and electric battery vehicles   and inserting
gas, electric battery, and hydrogen vehicles  ;
(2)
by striking  gas or  and inserting  gas, ; and
(3)
by inserting  fueled primarily by hydrogen, or fueled or powered by a combination thereof,  before  may exceed .
(e)
Dry bulk axle weight variance
Section 127 of title 23, United States Code, is further amended by adding at the end the following:
(z)
Dry bulk axle weight variance
(1)
Weight variance
Notwithstanding any other provision of this section, except for the maximum gross vehicle weight limitation, a commercial motor vehicle transporting dry bulk goods may not exceed 110 percent of the maximum weight on any axle or axle group described in subsection (a), including any enforcement tolerance.
(2)
Dry bulk goods defined
In this subsection, the term  dry bulk goods  means any homogeneous unmarked, unpackaged, non-liquid cargo being transported in a trailer specifically designed for that purpose.
 .
(f)
Operation of certain agricultural vehicles in the State of Louisiana
Section 127 of title 23, United States Code, is further amended by adding at the end the following:
(aa)
Operation of certain agricultural vehicles in the State of Louisiana
(1)
In general
The State of Louisiana may allow, by special permit, the operation of a covered agricultural vehicle on the Interstate System in the State of Louisiana if such vehicle—
(A)
does not exceed a gross vehicle weight of 88,000 pounds;
(B)
does not exceed 110 percent of the maximum weight on any axle or axle group described in subsection (a)(2), including any enforcement tolerance; and
(C)
has no fewer than 5 axles.
(2)
Covered agricultural vehicle defined
In this subsection, the term  covered agricultural vehicle  means a vehicle that is transporting unprocessed agricultural crops used for food, feed or fiber, or raw or unfinished forest products, including logs, pulpwood, biomass, or woodchips.
 .
(g)
Operation of certain logging vehicles in the State of Arkansas
Section 127 of title 23, United States Code, is further amended by adding at the end the following:
(bb)
Operation of certain logging vehicles in the State of Arkansas
(1)
In general
The State of Arkansas may allow, by special permit, the operation of a covered logging vehicle on the Interstate System in the State of Arkansas if such vehicle—
(A)
does not exceed a gross vehicle weight of 85,000 pounds;
(B)
has no fewer than 5 axles; and
(C)
travels a maximum distance of 20 miles on the Interstate System from origin to a storage or processing facility.
(2)
Covered logging vehicle defined
In this subsection, the term  covered logging vehicle  means a vehicle that is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips.
 .
(h)
Operation of certain vehicles in the State of Iowa
Section 127 of title 23, United States Code, is further amended by adding at the end the following:
(cc)
Operation of certain vehicles in the State of Iowa
(1)
Interstate designation
If any segment of Iowa State Route 5 in Iowa from the interchange with Interstate Route 35 to the interchange with United States Route 65, or United States Route 65 in Iowa from the interchange with Iowa State Route 5 and United States Route 69 to the interchange with Interstate Route 80, is designated as a route on the Interstate System, a vehicle that could operate legally on such segment before the date of such designation may continue to operate on such segment, without regard to any requirement under this section.
(2)
Special permits
The State of Iowa may allow, by special permit, the operation of vehicles with a gross vehicle weight of up to 108,000 pounds for the hauling of divisible loads on a segment of Interstate Route 380 in the State of Iowa from the west interchange with United States Route 20 and United States Route 218 to the east interchange with United States Route 20.
 .
1303.
Designation of high priority corridors on National Highway System
(a)
Designation as high priority corridor
Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ) is amended by adding at the end the following:
(103)
United States Route 74 from I–26 in the vicinity of Columbus, North Carolina to I–85 in the vicinity of Kings Mountain, North Carolina.
(104)
United States Route 421 from Wilkesboro, North Carolina, to Winston-Salem, North Carolina.
 .
(b)
Designation as future interstate
Section 1105(e)(5) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ) is amended—
(1)
in subparagraph (A) by striking  and subsection (c)(102)  and inserting  subsection (c)(102), subsection (c)(103), and subsection (c)(104) ; and
(2)
in subparagraph (C)(i) by adding at the end the following:  The route referred to in subsection (c)(104) is designated as Interstate Route I–777. .
1304.
Safety coordinators; determination of reasonable cost
(a)
In general
Section 217 of title 23, United States Code, is amended—
(1)
in subsection (d)—
(A)
in the subsection heading by inserting
safety   before
coordinators  ; and
(B)
by striking  the increased use  and all that follows through  transportation, including  and inserting  nonmotorized transportation safety, including by ; and
(2)
in subsection (e)—
(A)
by striking  can be provided  and inserting  was not included in the original project scope and can be provided ; and
(B)
by striking  then such bridge shall  and inserting  then the Secretary may require such bridge .
(b)
Repeal
Section 11529 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 217  note), and the item relating to such provision in the table of contents under section 1(b) of such Act, are repealed.
1305.
Updates to manual on uniform traffic control devices
In updating the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, for the first time after the date of enactment of this Act, the Secretary shall include updates necessary to—
(1)
establish a standard for the minimum level of required retroreflectivity of traffic control devices and pavement markings, ensuring the standard requires that traffic control devices and pavement markings meet the minimum level of required retroreflectivity in wet conditions; and
(2)
standardize bordered and lag contrast pavement markings on light-colored pavements and bridges.
1306.
Design standards
(a)
In general
Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Highway Administration shall develop a list of categorical design exceptions from standards developed under section 109(c) of title 23, United States Code, for categories of multimodal projects and features on Federal-aid highways.
(b)
Inclusions
The list developed under subsection (a) shall include categories of multimodal projects and features that—
(1)
are recommended by the Federal Highway Administration, including Proven Safety Countermeasures;
(2)
improve safety for vulnerable road users; and
(3)
are currently subject to the design exception process.
1307.
Modernizing roadside safety hardware devices and administration policies
(a)
Modernizing roadside safety hardware policies
(1)
In general
The Secretary may not issue a Federal-aid reimbursement eligibility letter under the Federal-aid highway program to a person or entity for a new roadside safety hardware device that does not meet the applicable crash test criteria set forth in the most recent version of the manual of the American Association of State Highway and Transportation Officials titled  Manual for Assessing Safety Hardware, Second Edition  (referred to in this section as  MASH ) or any successor industry standard.
(2)
Termination of prohibition
Paragraph (1) shall cease to apply on the date that the final rule associated with the rulemaking described in subsection (b)(5)(B) is effective.
(3)
Supplemental materials
In addition to materials specified by the Secretary, beginning on the date of enactment of this Act, a requestor for a letter described in paragraph (1) shall certify, in a manner satisfactory to the Secretary, that all installation manuals or instructions relating to a roadside safety hardware device are up-to-date and publicly available and utilize plain writing (as such term is defined in section 3 of the Plain Writing Act of 2010 ( 5 U.S.C. 301  note)) for use by individuals in States and territories.
(b)
Transportation rulemaking committee
(1)
Establishment
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation rulemaking committee, pursuant to section 102(k) of title 49, United States Code, to review and develop findings and recommendations to increase the safety and performance of roadside safety hardware devices.
(2)
Membership
The transportation rulemaking committee convened under paragraph (1) shall consist of members appointed by the Secretary, including—
(A)
representatives of an association representing State highway officials;
(B)
representatives of the traffic safety industry, including manufacturers of roadside safety hardware devices and roadside safety hardware technologies;
(C)
representatives from up to 4 State highway safety offices from different geographic regions;
(D)
representatives of roadway safety advocacy organizations;
(E)
representatives of relevant research organizations or academia;
(F)
representatives of labor organizations representing roadway construction workers;
(G)
representatives of transportation construction associations; and
(H)
other representatives, as determined appropriate by the Secretary.
(3)
Considerations
The transportation rulemaking committee convened under paragraph (1) shall consider, at a minimum, the following:
(A)
The extent to which roadside safety hardware devices on the National Highway System utilize MASH crash test standards, including such devices procured and installed with Federal and non-Federal funds.
(B)
The extent to which plain writing (as such term is defined in section 3 of the Plain Writing Act of 2010 ( 5 U.S.C. 301  note)) is utilized in installation manuals or instructions associated with a roadside safety hardware device for use by individuals responsible for installing such devices.
(C)
Potential changes to administrative guidance documents and policies as such changes relate to roadside safety hardware devices to improve Federal agency oversight of such devices and communication with State departments of transportation, including examining how data is collected following in service performance evaluations.
(D)
Whether the Federal Highway Administration should require third-party verification of laboratory testing of roadside safety hardware devices to determine crashworthiness.
(E)
Whether the most up-to-date MASH crash test standards for roadside safety hardware devices effectively mitigate roadway vehicle departure for a modern vehicle fleet and roadway conditions and ensure vehicle occupant protection in the event of a crash.
(4)
Random sampling
In carrying out subparagraphs (A) and (B) of paragraph (3), the rulemaking committee may evaluate a random sampling of roadside safety hardware devices, including such devices procured and installed with Federal and non-Federal funds, from across all regions.
(5)
Report and regulations
(A)
Report
Not later than 1 year after the transportation rulemaking committee under paragraph (1) convenes, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report based on the findings of the transportation rulemaking committee.
(B)
Rulemaking required
Not later than 1 year after the Secretary submits the report under subparagraph (A), the Secretary shall issue an advanced notice of proposed rulemaking establishing regulations to require the installation of roadside safety hardware devices on the National Highway System that are compliant with the most up-to-date crashworthiness standards, among other requirements.
(C)
Contents of rulemaking
In issuing the notice of proposed rulemaking required under subparagraph (B), the Secretary—
(i)
shall require, at a minimum—
(I)
roadside safety hardware devices to be compliant with the most up-to-date crashworthiness standards, as determined by the Secretary;
(II)
the adoption of laboratory testing of roadside safety hardware devices to determine crashworthiness and safety performance;
(III)
the adoption of in-service maintenance standards for such devices; and
(IV)
the adoption of a standardized means of collection of performance data resulting from in-service performance evaluations of such devices; and
(ii)
may incorporate by reference 1 or more requirement under clause (i).
(c)
Eligibility letters
The Secretary, upon issuance of the final rule associated with the rulemaking described in subsection (b)(5)(B), may not issue a Federal-aid reimbursement eligibility letter under the Federal-aid highway program to a person or entity for a roadside safety hardware device.
(d)
Roadside safety hardware device defined
In this section, the term  roadside safety hardware device  means a device that reduces the consequences of a vehicle departure from the roadway by containing, redirecting, or decelerating such vehicle to a safe stop, including guardrails, cable barriers, bridge barriers, crash cushions, support structures, and work zone devices.
1308.
Audit of FHWA oversight of roadside safety hardware devices
(a)
In general
Not later than 90 days after the date of enactment of this Act, the inspector general of the Department shall initiate an audit of the Federal Highway Administration’s oversight of roadside safety hardware devices, including crash testing of such devices, oversight of in-service performance evaluations of such devices conducted by State departments of transportation, and other oversight related activities carried out by the agency in relation to such devices.
(b)
Contents
In conducting the audit described in subsection (a), the inspector general shall, at a minimum—
(1)
assess the Federal Highway Administration’s oversight of—
(A)
the standards and design specifications of a State or territory for roadside safety hardware devices, including the written policies of the State or territory relating to the installation of crash-tested roadside hardware safety devices, if applicable;
(B)
the roadside safety hardware device crash-testing and safety performance process, including how such devices perform in actual conditions through in-service performance evaluations; and
(C)
the progress of a State or territory in transitioning to roadside safety hardware devices that comply with crash testing standards set forth in the most recent version of the manual of the American Association of State Highway and Transportation Officials titled  Manual for Assessing Safety Hardware, Second Edition ; and
(2)
make recommendations, if applicable, for additional actions the Federal Highway Administration shall take to improve oversight processes relating to roadside safety hardware devices.
(c)
Report
Not later than 1 year after the date of initiation of the audit described in subsection (a), the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of such audit, including findings and recommendations to improve the oversight of roadside hardware safety devices.
1309.
Interagency bridge strike working group
(a)
In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an interagency bridge strike working group—
(1)
to coordinate between the Department and other agencies;
(2)
to provide guidance and assistance to bridge owners on evaluating and reducing the risk of bridge collapse from a vessel collision; and
(3)
to provide guidance to bridge owners on motorist warning systems.
(b)
Membership
The interagency working group established under subsection (a) shall consist of representatives from—
(1)
the Federal Highway Administration;
(2)
the Coast Guard;
(3)
the Army Corps of Engineers; and
(4)
any other entities determined appropriate by the Secretary.
(c)
Report
Not later than 1 year after the date of enactment of this Act, the interagency working group established under subsection (a) shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate a report that includes—
(1)
an analysis of current bridge vulnerabilities that risk leading to a bridge collapse from a vessel collision;
(2)
recommendations for bridge owners to evaluate and reduce the risk of bridge collapse from a vessel collision;
(3)
recommendations on any policy changes necessary to prevent the risk of bridge collapses due to vessel strikes; and
(4)
any other information the working group determines appropriate.
(d)
Termination of working group
The interagency working group established under subsection (a) shall terminate on the date that is 3 months after the date of submission of the report required under subsection (c).
1310.
Bridge clearance best practices
(a)
Establishment
The Secretary shall establish a bridge clearance strike working group to make recommendations on ways to improve public-private data sharing regarding bridge clearance height and the routing of commercial motor vehicles and rental vehicles.
(b)
Membership
The working group established under subsection (a) shall include representatives from—
(1)
the Federal Highway Administration;
(2)
the Federal Railroad Administration;
(3)
the Federal Motor Carrier Safety Administration;
(4)
State departments of transportation;
(5)
trucking organizations;
(6)
producers of GPS navigation systems;
(7)
law enforcement agencies;
(8)
companies that rent or lease rental vehicles directly to consumers; and
(9)
Class I, II, and III railroad carriers.
(c)
Report
Not later than 1 year after the date of the establishment of the interagency working group under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate a report that includes—
(1)
recommendations to—
(A)
improve the availability of information and route signs specific to commercial motor vehicles or rental vehicles on GPS navigation systems;
(B)
improve driver knowledge and awareness about bridge clearance strikes;
(C)
encourage companies that rent out rental vehicles to clearly label such vehicles with height and weight restriction information; and
(D)
include ways for companies that rent or lease vehicles to provide notice to individuals who rent or lease such a vehicle, whether orally or written, of vehicle height and warn such individuals to look out for road signs about vehicle height; and
(2)
any other recommendations by the working group to address bridge clearance strikes.
1311.
U.S. Congressman and Prisoner of War Sam Johnson Memorial Highway
(a)
Designation
The portion of United States Highway 75 between President George Bush Turnpike and United States Highway 380 previously designated as  Sam Johnson Highway  shall, after the date of enactment of this Act, be known and redesignated as the  U.S. Congressman and Prisoner of War Sam Johnson Memorial Highway .
(b)
Reference
Any reference in any law, regulation, map, document, paper, or other record of the United States to the portion of highway referred to in subsection (a) shall be considered to be a reference to the U.S. Congressman and Prisoner of War Sam Johnson Memorial Highway.
1312.
Technical assistance for contracting
The Secretary may provide technical assistance to, and develop guidance and best practices for, State departments of transportation regarding the use of the lump sum payment method in the procurement and administration of engineering and design services for transportation projects funded using Federal grants, including the potential benefits and risks associated with such payment method.
1313.
Preventing anticompetitive bidding practices
(a)
In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall issue guidance to State departments of transportation on proactively preventing anticompetitive bidding practices on Federal-aid highway projects.
(b)
Contents
In issuing guidance under subsection (a), the Secretary shall—
(1)
advise States on how to conduct frequent, regular, and systematic reviews and audits of procurements made over multiple years using specific statistics to identify anticompetitive bidding patterns; and
(2)
encourage, to the maximum extent practicable, reduced reliance on historical data when developing engineer’s estimates.
(c)
Transportation rulemaking committee
(1)
Establishment
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation rulemaking committee to provide recommendations to revise Federal regulations to prevent and protect against anticompetitive practices in bidding on Federal-aid highway projects.
(2)
Membership
The transportation rulemaking committee convened under paragraph (1) shall consist of members appointed by the Secretary, including representatives of—
(A)
State departments of transportation;
(B)
engineering associations;
(C)
transportation construction associations;
(D)
construction materials associations;
(E)
labor organizations representing transportation workers;
(F)
technology associations providing construction management software;
(G)
an association representing businesses that participate in the program described in section 1101(e); and
(H)
other stakeholders the Secretary determines appropriate.
(3)
Report
Not later than 18 months after the date on which the transportation rulemaking committee is established under paragraph (1), the transportation rulemaking committee shall submit to the Secretary a report detailing the findings and recommendations developed under paragraph (1) on how to revise the regulations under sections 635.111, 635.112(f), 635.113, 635.114, and 635.115 of title 23, Code of Federal Regulations, or other related regulations, considering the following:
(A)
Methods to reduce or eliminate reliance on historical data as the sole basis of engineer’s estimates when developing such estimates.
(B)
Best practices for States to routinely review and audit procurements to identify anticompetitive bidding patterns.
(C)
Techniques for States to address potential instances of anticompetitive bidding on Federal-aid highway projects.
(D)
Costs associated with potential anticompetitive bidding patterns.
(4)
Recommendations
Not later than 9 months after the date on which the transportation rulemaking committee submits the report under paragraph (3), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate—
(A)
a summary of the findings and recommendations described in such report; and
(B)
for each such recommendation—
(i)
the Secretary intends to implement, a description for the implementation plan of the Secretary and a timeline for implementation; and
(ii)
the Secretary does not plan to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
(5)
Notice of proposed rulemaking
The Secretary shall issue a notice of proposed rulemaking for any regulatory changes recommended by the transportation rulemaking committee that the Secretary intends to implement.
1314.
Study on effectiveness of discretionary grant programs
(a)
In general
Not later than 6 months after the date of enactment of this Act, the Comptroller General shall initiate a study on the effectiveness of highway-related discretionary grant programs administered by the Department.
(b)
Considerations
In conducting the study required under subsection (a), the Comptroller General shall review—
(1)
the criteria used by the Department to evaluate and select projects for funding, including—
(A)
the alignment of funding decisions with statutory program objectives; and
(B)
the transparency and consistency of the application review and award process;
(2)
trends in funding allocation across project types, geographic regions, and jurisdictions, including a comparison of various Department funding sources;
(3)
the average timeline from application submission to award notification and obligation of funds, including—
(A)
the prevalence and source of cost overruns, schedule delays, and project scope changes or cancellations, and the contributing factors; and
(B)
effective practices that led to successful project completion within budget and on schedule;
(4)
the outcome of projects completed using discretionary funding compared to formula funding; and
(5)
the frequency with which grant recipients at the local government level attempted to seek funding for a project with alternative funding sources, including Federal formula funds, before receiving a grant.
(c)
Consultation
In conducting the study required under subsection (a), the Comptroller General shall consult with relevant stakeholders, including—
(1)
State departments of transportation;
(2)
transit agencies;
(3)
metropolitan planning organizations;
(4)
local governments, including at least 1 representative each from a city, town, and county;
(5)
Tribal governments;
(6)
a representative from a labor organization representing transportation construction workers;
(7)
representatives of the construction industry, including representatives with experience constructing highway infrastructure systems and public transportation infrastructure systems;
(8)
representatives from the design and engineering industry; and
(9)
relevant Federal agencies and any other stakeholders the Comptroller General determines to be appropriate.
(d)
Report
(1)
In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study conducted under subsection (a).
(2)
Recommendations
The Comptroller General shall include in the report submitted under paragraph (1) recommendations associated with the results of the study, including recommendations to—
(A)
enhance project selection criteria to achieve grant program objectives;
(B)
minimize cost overruns and delays in project delivery;
(C)
better align discretionary grant program criteria with statutory program requirements and objectives; and
(D)
improve the efficiency and administration of the discretionary grant programs of the Department.
1315.
Study on effectiveness of formula grant programs
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study on the effectiveness of highway formula grant programs administered by State departments of transportation.
(b)
Considerations
In conducting the study required under subsection (a), the Comptroller General shall review—
(1)
the criteria used by State departments of transportation to evaluate and select projects to receive highway formula funding, including—
(A)
the alignment of funding decisions with the national goals under section 150(b) of title 23, United States Code; and
(B)
procedures used by different State departments of transportation to provide formula grants to regional or local governments within the State, when appropriate; and
(2)
the extent to which highway formula funding increases have or have not led to the attainment of the goals under section 150(b) of title 23, United States Code.
(c)
Report
(1)
In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study conducted under subsection (a).
(2)
Recommendations
The Comptroller General shall include in the report submitted under paragraph (1) recommendations associated with the results of the study.
1316.
National Academies review of highway systems
(a)
Study
Not later than 1 year after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Transportation Research Board of the National Academy of Science to conduct a comprehensive study to review the necessity of, interaction of, and coordination between various Federal Highway Administration recognized highway networks and systems, including—
(1)
the National Highway System;
(2)
the Interstate System;
(3)
the strategic highway network;
(4)
the National Network;
(5)
the National Highway Freight Network;
(6)
the primary highway freight system;
(7)
critical urban freight corridors;
(8)
critical rural freight corridors;
(9)
intermodal connectors;
(10)
alternative fuel corridors;
(11)
the Appalachian Development Highway System;
(12)
the Alaska Marine Highway System;
(13)
the Denali access system;
(14)
Marine highway transportation routes;
(15)
high priority corridors;
(16)
designated future parts of the Interstate System; and
(17)
any other highway systems the Transportation Research Board determines to be relevant.
(b)
Consultation
In conducting the study under subsection (a), the Transportation Research Board shall consult with—
(1)
the Federal Highway Administration;
(2)
the Maritime Administration;
(3)
the Office of Multimodal Freight Infrastructure and Policy;
(4)
State departments of transportation; and
(5)
any other entities the Transportation Research Board determines to be relevant.
(c)
Contents
In conducting the study under subsection (a), the Transportation Research Board shall consider, at a minimum, the following:
(1)
The overlap of the various highway networks and systems, including which systems are encompassed on larger or multiple networks.
(2)
Departmental funding availability for each highway network and system.
(3)
The role of State and local governments in designating a public road to a highway network and system.
(4)
The Federal rationale for each highway network and system.
(d)
Report
If the Transportation Research Board enters into an agreement under subsection (a), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report describing the results of the study conducted pursuant to such subsection.
1317.
Review of State and local consultation processes
(a)
In general
The Comptroller General shall conduct a review of the surface transportation block grant program under section 133 of title 23, United States Code (referred to in this section as the  Program ).
(b)
Contents
In conducting the review required under subsection (a), the Comptroller General shall evaluate—
(1)
the process by which the Federal Highway Administration notifies States and metropolitan planning organizations of amounts apportioned to States to be obligated in areas based on population;
(2)
amounts apportioned to States required to be obligated in areas based on population, including unobligated balances of the amounts and factors that may be contributing to such balances;
(3)
consultation processes established by States to consult with metropolitan planning organizations and regional transportation planning organizations for amounts required to be obligated in such areas based on population; and
(4)
State selection processes for projects funded by amounts required to be obligated in areas based on population.
(c)
Report
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes—
(1)
the findings of the review required under subsection (a); and
(2)
any recommendations to improve consultation processes and communication between States, metropolitan planning organizations, and regional transportation planning organizations under the Program to address State and local infrastructure needs.
1318.
Emergency relief working group
(a)
Establishment
Not later than 1 year after the date of enactment of this Act, the Secretary shall convene a working group to provide recommendations for supporting emergency relief efforts following natural disasters and assessing vulnerabilities in surface transportation assets.
(b)
Membership
The working group shall be composed of representatives from—
(1)
the Federal Highway Administration;
(2)
the Federal Motor Carrier Safety Administration;
(3)
the Federal Transit Administration;
(4)
the Federal Emergency Management Agency;
(5)
State departments of transportation;
(6)
transit agencies; and
(7)
any other stakeholders that the Secretary determines appropriate.
(c)
Duties
The working group convened under this section shall analyze and make recommendations, as appropriate, regarding—
(1)
the ability of a State or transit agency to assess vulnerabilities of surface transportation assets in response to natural disasters and severe weather events;
(2)
best practices for a State or transit agency to facilitate projects to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters;
(3)
opportunities to expedite the timeline for eligible activities under section 125 of title 23, United States Code, or section 5324 of title 49, United States Code;
(4)
opportunities within and potential revisions to section 390.23 of title 49, Code of Federal Regulations, to increase flexibility for commercial motor vehicle operators assisting in emergency relief efforts that achieve safety levels equivalent to or greater than existing Federal motor carrier safety regulations; and
(5)
opportunities for coordination between the Department and the Federal Emergency Management Agency to provide emergency relief following natural disasters.
(d)
Report
Not later than 1 year after the date on which the working group is established under this section, the working group shall submit to the Secretary a report that includes a summary of the findings and recommendations developed under subsection (c).
(e)
Recommendations
Not later than 90 days after the date on which the Secretary receives the report under subsection (d), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate—
(1)
a summary of the findings and recommendations under the report; and
(2)
for each recommendation—
(A)
the Secretary intends to implement, a description of the plan and timeline for implementation; and
(B)
the Secretary does not intend to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
(f)
Termination
The working group shall terminate on the date that is 180 days after the date on which the Secretary receives the report required under subsection (d).
1319.
Stopping threats on pedestrians
Section 11502(f) of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 148  note) is amended by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
1320.
Eliminating unnecessary reporting and requirements
(a)
State flexibility for National Highway System modifications
Section 1122(d) of FAST Act ( 23 U.S.C. 103  note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(b)
Roadside barrier technology
Section 1058 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 23 U.S.C. 109  note) is repealed.
1321.
Contracting for engineering and design services
(a)
In general
Section 112(b)(2)(F) of title 23, United States Code, is amended by striking  the States of West Virginia or Minnesota  and inserting  the State of West Virginia .
(b)
Applicability
The amendment made by subsection (a) shall apply to contracts entered into after the date of enactment of this Act.
1322.
Advancing projects in cold weather States
(a)
Review
The Secretary shall review policies and procedures of the Federal Highway Administration relating to the Federal-aid highway program to ensure that such policies and procedures sufficiently prioritize reviews of construction projects in States in which construction season may be limited by cold weather.
(b)
Technical assistance
The Secretary shall provide technical assistance and best practices to State departments of transportation for advancing Federal-aid projects in States in which construction may be limited by cold weather.
1323.
Interagency working group on roadway management in inclement weather
(a)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an interagency working group with other appropriate Federal agencies to develop best practices for roadway management in inclement weather.
(b)
Submission to Congress
Not later than 180 days after the date on which the best practices required under subsection (a) are established, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate such best practices.
(c)
Sunset
The interagency working group established under subsection (a) shall terminate on the date that is 30 days after the date on which the best practices required under subsection (b) are submitted to Congress.
1324.
Termination of neighborhood access and equity grant program
Section 177 of title 23, United States Code, and the item relating to such section in the analysis for chapter 1 of such title, are repealed.
1325.
Task force on developing a 21st century surface transportation workforce
(a)
Study
Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a task force on developing a 21st century surface transportation workforce (in this section referred to as the  Task Force ).
(b)
Duties
Not later than 1 year after the establishment of the Task Force under subsection (a), the Task Force shall develop and submit to the Secretary recommendations and strategies for the Department to—
(1)
evaluate the current and future state of the surface transportation workforce, including projected job needs in the surface transportation sector;
(2)
identify factors influencing individuals pursuing careers in surface transportation, including barriers to attracting individuals in surface transportation careers;
(3)
address barriers to retaining individuals in surface transportation careers;
(4)
identify and address potential impacts of emerging technologies on the surface transportation workforce;
(5)
facilitate and encourage elementary, secondary, and post-secondary students in the United States to pursue careers in the surface transportation sector; and
(6)
identify and develop pathways for students and individuals to secure pre-apprenticeships, registered apprenticeships, and other work-based learning opportunities in the surface transportation sector of the United States.
(c)
Considerations
In developing recommendations and strategies under subsection (b), the Task Force shall—
(1)
identify factors that influence whether young people pursue careers in surface transportation;
(2)
consider how the Department, businesses, industry, labor, educators, and other stakeholders can coordinate efforts to support qualified individuals in pursuing careers in the surface transportation sector;
(3)
identify methods of enhancing surface transportation pre-apprenticeships and registered apprenticeships, job skills training, mentorship, education, and outreach programs that are exclusive to youth in the United States;
(4)
identify potential sources of funding, including grants and scholarships, that may be used to support youth and other qualified individuals in pursuing careers in the surface transportation sector; and
(5)
consider opportunities to update programs administered by the Department to support the transportation workforce.
(d)
Consultation
In developing the recommendations and strategies required under subsection (b), the Task Force may consult with—
(1)
local educational agencies and institutions of higher education, including community colleges and vocational schools; and
(2)
State workforce development boards.
(e)
Report
Not later than 60 days after the submission of the recommendations and strategies under subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing such recommendations and strategies.
(f)
Composition of task force
The Secretary shall appoint members of the Task Force whose diverse backgrounds and expertise allow such members to contribute balanced points of view and ideas in carrying out this section, comprised of equal representation from each of the following:
(1)
Industries in the surface transportation sector.
(2)
Representatives from labor organizations representing surface transportation workers.
(3)
Such other surface transportation stakeholders and experts as the Secretary considers appropriate.
(g)
Period of appointment
Members shall be appointed to the Task Force for the duration of the existence of the Task Force.
(h)
Compensation
Members of the Task Force shall serve without compensation.
(i)
Sunset
The Task Force shall terminate upon the submission of the report required under subsection (e).
(j)
Definitions
In this section:
(1)
Pre-apprenticeship
The term  pre-apprenticeship  means a training model or program that prepares individuals for acceptance into a registered apprenticeship and has demonstrated partnership with 1 or more registered apprenticeships.
(2)
Registered apprenticeship
The term  registered apprenticeship  means an apprenticeship program registered under the Act of August 16, 1937 (29 U.S. 50 et seq.; commonly known as the  National Apprenticeship Act ), that satisfies the requirements of parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on January 1, 2020).
1326.
Study on national commuting trends
(a)
In general
Not later than 6 months after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Transportation Research Board of the National Academy of Science to conduct a study on national trends related to commuting.
(b)
Contents
In conducting the study under subsection (a), the Transportation Research Board shall—
(1)
conduct research on national commuting trends, including telework and hybrid-work arrangements;
(2)
evaluate the impact of such trends on transportation demand, congestion, air quality, economic vitality of business districts, and commuter quality of life; and
(3)
develop best practices or planning guidance to help State departments of transportation and metropolitan planning organizations incorporate such trends into transportation planning and travel demand modeling.
(c)
Report
If the Transportation Research Board enters into an agreement under subsection (a), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report containing the results of the study under subsection (a), including—
(1)
the findings of the research conducted under subsection (b)(1);
(2)
an analysis of the impacts on commuting trends evaluated under subsection (b)(2); and
(3)
recommendations for State departments of transportation and metropolitan planning organizations, including the best practices and planning guidance developed under subsection (b)(3).
1327.
Notification on regressive safety targets
When a State sets a regressive performance target under section 150(c)(4) of title 23, United States Code, the Secretary shall—
(1)
notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and
(2)
make a list of States that set such a target publicly available on the website of the Department.
1328.
Study on domestic availability of yellow paint
(a)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall study the feasibility of requiring yellow paint (including the pigment used to produce water-based paint) for road and highway surface markings to be manufactured domestically.
(b)
Considerations
In conducting the study under subsection (a), the Secretary shall consider—
(1)
the domestic availability of yellow paint described in such subsection;
(2)
the domestic manufacturing capacity to produce the amount of yellow paint necessary to meet the needs of States and local governments;
(3)
the number of domestic manufacturers producing such yellow paint;
(4)
the current share of yellow paint produced by domestic manufacturers to meet road and highway surface marking needs;
(5)
the costs associated with requiring the domestic manufacturing of such yellow paint; and
(6)
the amount of yellow paint necessary to maintain all road and highway surface markings in the United States.
(c)
Report
The Secretary shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate on the findings of the study required under subsection (a).
(d)
Authority
Following the study under subsection (a), if the Secretary determines that there is sufficient domestic manufacturing capacity of yellow paint to address the needs of all road and highway surface markings in the United States, the Secretary shall recommend to the Director of the Office of Management and Budget to update relevant Buy America guidance, including the implementation guidance of the Made in America Office, to reflect such determination.
1329.
Study on corrosion prevention for bridges
Not later than 18 months after the date of enactment of this Act, the Secretary shall—
(1)
carry out a study on best practices for—
(A)
the frequency and method of inspecting corrosion on weathering steel bridges; and
(B)
addressing corrosion on weathering steel bridges;
(2)
submit to the Committee on Transportation and Infrastructure of the House of Representatives and Committee on Environment and Public Works a report on the results of the study under paragraph (1); and
(3)
make the report under paragraph (2) available to State departments of transportation, metropolitan planning organizations (as such term is defined in section 134(b) of title 23, United States Code), regional transportation planning organizations (as such term is defined in section 134(b) of title 23, United States Code), and units of local government that own bridge assets.
1330.
Funding Federal-aid Highways guidance
Not later than 18 months after the date of enactment of this Act, the Secretary shall revise, update, and make publicly available the Federal Highway Administration publication titled  Funding Federal-aid Highways , issued January 2017 (Publication Number FHWA–PL–17–011) to account for—
(1)
changes in law since the publication date of such publication; and
(2)
the provisions of this Act, including any amendments made by this Act.
II
Transportation Infrastructure Finance and Innovation
2001.
Infrastructure finance
(a)
Definitions
(1)
In general
Section 601(a) of title 23, United States Code, is amended—
(A)
in paragraph (12)—
(i)
in subparagraph (E)—
(I)
in the matter preceding clause (i) by striking  infrastructure  and inserting  infrastructure that is ;
(II)
by striking clause (ii); and
(III)
in clause (i)—
(aa)
by striking
that—
(I) is
  ;
(bb)
in subclause (II)—
(AA)
by striking  is a project  and inserting  a project ; and
(BB)
in item (dd) by striking  and  and the end; and
(cc)
by redesignating subclause (II) as clause (ii) (and redesignating items (aa) through (dd) of such subclause as subclauses (I) through (IV), respectively);
(ii)
in subparagraph (G) by striking  for which  and all that follows through  for assistance ; and
(iii)
by striking subparagraph (H) and inserting the following:
(H)
purchasing or leasing of drayage trucks.
 ;
(B)
by redesignating paragraphs (14) through (22) as paragraphs (16) through (24), respectively;
(C)
by redesignating paragraphs (2) through (13) as paragraphs (3) through (14), respectively;
(D)
by inserting after paragraph (1) the following:
(2)
Drayage truck
The term  drayage truck  means any in-use on-road vehicle that—
(A)
has a gross vehicle weight rating greater than 26,000 pounds;
(B)
is used for transporting cargo; and
(C)
operates on, moves through, or operates in transit to or from, a seaport or an intermodal freight transfer facility to load, unload, or transport cargo, including empty containers or chassis.
 ; and
(E)
by inserting after paragraph (14), as so redesignated, the following:
(15)
Qualified financial institution
The term  qualified financial institution  means—
(A)
an insured depository institution as defined in section 3(c)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c)(2) );
(B)
an insured credit union as defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); and
(C)
any other financial institution that—
(i)
is regulated or supervised by—
(I)
the Board of Governors of the Federal Reserve System;
(II)
the Securities and Exchange Commission;
(III)
the Federal Housing Finance Agency;
(IV)
the Farm Credit Administration; or
(V)
any other Federal financial regulatory agency;
(ii)
is regularly engaged in the business of extending credit or making credit determinations; and
(iii)
the Secretary determines has demonstrated experience in the underwriting or provision of credit.
 .
(2)
Conforming amendments
(A)
Determination of eligibility and project selection
Section 602 of title 23, United States Code, is amended—
(i)
in subsection (a)(5)(B)(ii) by striking  section 601(a)(12)(E)  and inserting  section 601(a)(13)(E) ; and
(ii)
in subsection (e) by striking  section 601(a)(2)(A)  and inserting  section 601(a)(3)(A) .
(B)
Funding
Section 608(a)(4) of title 23, United States Code, is amended by striking  section 601(a)(12)(E)  and inserting  section 601(a)(13)(E)  each place it appears.
(b)
Determination of eligibility and project selection
Section 602 of title 23, United States Code, is further amended—
(1)
in subsection (a)—
(A)
in paragraph (2) by adding at the end the following:
(C)
Alternative credit assessment
The Secretary shall accept a due diligence analysis and underwriting analysis prepared by a qualified financial institution providing debt for a project as evidence of creditworthiness of the project supplemental to the applicable creditworthiness standards described in subparagraph (A).
 ; and
(B)
in paragraph (5)(B)—
(i)
in clause (i) by striking  $15,000,000  and inserting  $10,000,000 ; and
(ii)
in clause (iii)—
(I)
by striking  In the case  and inserting
(I)  In general .—In the case ;
(II)
by striking  $100,000,000  and inserting  $150,000,000 ; and
(III)
by adding at the end the following:
(II)
Annual adjustment for inflation
Beginning in the first year after the date of enactment of this subclause, the Secretary shall adjust annually the $150,000,000 limit on eligible project costs in subclause (I) to reflect any increase in the Consumer Price Index for All Urban Consumers published by the Department of Labor.
  ; and
(2)
in subsection (c)—
(A)
in paragraph (1)(B) by striking the period at the end and inserting  , subject to paragraph (2). ; and
(B)
in paragraph (2)—
(i)
by striking  No funding  and inserting
(A)  In general .—No funding ; and
(ii)
by adding at the end the following:
(B)
Exemption
(i)
In general
Subject to clause (ii), notwithstanding section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), a finding of no significant impact, a record of decision, and any similar analysis under the National Environmental Policy Act of 1969 prepared for purposes of complying with subparagraph (A) shall not include an evaluation of the environmental effects of the acquisition of real property by a nonpublic entity for use in a project described in section 601(a)(13)(E), for which an application for credit assistance under the TIFIA program has not been submitted as of the date of such acquisition.
(ii)
Public entity ownership
Clause (i) shall not apply with respect to any component of a project described in clause (i) that is located within the geographic boundaries of the real property acquired and that will be owned, in full or in part, by a public entity for a majority of the term of a secured loan issued for such project.
(C)
Categorical exclusions
The following activities, if carried out on or after the date of enactment of this subparagraph as a project (or part of a project) described in section 601(a)(13)(E), are a category of activities hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ):
(i)
Rehabilitation or conversion of an existing office building to a residential or mixed-use building occupying substantially the same geographic footprint.
(ii)
Construction or reconstruction of a new commercial building—
(I)
consistent with existing land use and zoning requirements; and
(II)
on land disturbed for transportation use (as such phrase is used in section 771.118(c)(9) of title 23, Code of Federal Regulations, or any successor regulations) or disturbed land adjacent to land disturbed for transportation use.
 .
(c)
Secured loans
Section 603(a) of title 23, United States Code, is amended by adding at the end the following:
(4)
Loan disbursement
Upon request from the obligor, the Secretary may delay issuance of the secured loan funds until a date, to be specified by the obligor, during the 2-year period beginning on the date that the project is determined to be in substantial completion, so long as the obligor is compliant with the credit agreement on the date of issuance.
 .
(d)
Program administration
Section 605(f)(1) of title 23, United States Code, is amended by striking  $2,000,000  and inserting  $3,000,000 .
(e)
Funding
Section 608(a) of title 23, United States Code, is amended—
(1)
in paragraph (4)(B)—
(A)
in clause (i) by striking  under the Surface Transportation Reauthorization Act of 2021 ; and
(B)
in clause (ii)—
(i)
by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(ii)
by striking  (as of October 1, 2021)  and inserting  (as of October 1, 2026) ; and
(2)
in paragraph (6) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
(f)
State infrastructure bank program
Section 610 of title 23, United States Code, is amended—
(1)
in subsection (d) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031  each place it appears; and
(2)
in subsection (k) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
2002.
Emergency loan relief due to major disaster
(a)
In general
 Chapter 6  of title 23, United States Code, is amended by adding at the end the following:
612.
Emergency loan relief due to major disaster
(a)
Definitions
In this section:
(1)
Cost; modification
The terms  cost  and  modification  have the meanings given such terms, respectively, in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ), and the term  modification  shall include an interest rate reset under this section.
(2)
Eligible borrower
The term  eligible borrower  means a recipient of an eligible loan administered under the TIFIA program.
(3)
Eligible loan
The term  eligible loan  means a loan issued under the TIFIA program.
(4)
Major disaster
The term  major disaster  means a major disaster declared by the President pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).
(5)
Obligor; TIFIA program
The terms  obligor  and  TIFIA program  have the meanings given such terms, respectively, in section 601(a).
(b)
Emergency interest rate reset
(1)
In general
Notwithstanding section 603(b)(4), if at any time after the date of execution of a credit agreement for an eligible loan entered into after the date of enactment of the  BUILD America 250 Act , the eligible borrower of the eligible loan is unable, as a result of a major disaster, to generate sufficient revenues from all dedicated revenue sources such that the eligible borrower is unable to pay the scheduled repayments of principal and interest on the eligible loan—
(A)
the eligible borrower may submit to the Secretary a request, in such manner and containing such information as the Secretary may require, to reset the interest rate of the eligible loan; and
(B)
the Secretary—
(i)
shall determine whether the eligible borrower meets criteria established under subsection (d); and
(ii)
if the eligible borrower meets such criteria and provided that sufficient budget authority is available to accommodate the cost of the modification, may reset the interest rate of the eligible loan (including through amendment of the credit agreement for the eligible loan) to a lower interest rate that is not less than the yield on United States Treasury securities of a similar maturity to the maturity of the eligible loan on the date of the reset, if lower than the existing interest rate on the eligible loan.
(2)
Applicability
A lower interest rate provided with respect to an eligible loan pursuant to paragraph (1)(B)(ii) may be for a period of time the Secretary determines appropriate, including through the final maturity date of the eligible loan.
(c)
Other loan modifications
With respect to an eligible borrower described in paragraph (1) of subsection (b), the Secretary, in carrying out subparagraph (B) of such paragraph, may—
(1)
allow, for a maximum aggregate period of not more than 5 years, an obligor to add unpaid principal and interest to the outstanding balance of the loan, subject to the requirements under section 603(c)(3)(B), as applicable; and
(2)
notwithstanding section 603(a), extend any applicable disbursement period established under an agreement for credit assistance made pursuant to section 603, as applicable.
(d)
Criteria
(1)
In general
The Secretary shall establish criteria for an eligible borrower to be eligible to receive a lower interest rate or other loan modification under this section.
(2)
Factors for consideration
In establishing criteria under paragraph (1), the Secretary—
(A)
shall establish objective metrics to measure whether an eligible borrower is unable to generate sufficient revenues as a result of a major disaster; and
(B)
may take into consideration such factors as the Secretary determines to be relevant, including whether the lowering of an interest rate or the modification of a loan under this section would achieve any of—
(i)
maintaining the operation of a project carried out by an eligible borrower in a disaster, emergency, or other extenuating circumstance;
(ii)
mitigating the financial impact on an eligible borrower of a disaster, emergency, or other extenuating circumstance; or
(iii)
protecting the interests of the Federal Government in critical infrastructure.
 .
(b)
Clerical amendment
The analysis for  chapter 6  of title 23, United States Code, is amended by adding at the end the following:
612. Emergency loan relief due to major disaster.
  .
2003.
Personnel management authority
Section 116 of title 49, United States Code, is amended—
(1)
by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and
(2)
by inserting after subsection (h) the following:
(i)
Personnel management authority
(1)
In general
The Secretary may carry out a program of personnel management authority provided in paragraph (2) in order to facilitate the recruitment or retention of experts in finance and investment for the Bureau.
(2)
Salaries and relocation expenses
Under the program under this subsection, the official responsible for the program may—
(A)
without regard to any provision of title 5 governing the appointment of employees in the civil service, in the case of the Bureau, appoint individuals to a total of not more than 20 positions in the Bureau;
(B)
notwithstanding any provision of title 5 governing the rates of pay or classification of employees in the executive branch, prescribe the rates of basic pay for positions to which employees are appointed under subparagraph (A) at a rate to be determined by the head of the organization concerned up to 150 percent of the total annual compensation payable to the Vice President under section 104 of title 3; and
(C)
during any fiscal year, pay up to 5 individuals newly appointed pursuant to subparagraph (A) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5.
 .
2004.
Study on establishment of Federal Infrastructure Bank
(a)
Study
Not later than 120 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the establishment of a Federal Infrastructure Bank to facilitate investment in, and the long-term financing of, economically viable United States infrastructure projects that provide a public benefit, including best practices for implementing such bank.
(b)
Elements
The study conducted pursuant to subsection (a) shall—
(1)
identify potential forms of credit assistance a Federal Infrastructure Bank could provide, including loans, loan guarantees, lines of credit, and equity investments;
(2)
examine how a Federal Infrastructure Bank could—
(A)
increase State, local, and Tribal government investment in infrastructure projects, including transportation, water, and energy projects;
(B)
reduce average financing timelines relative to other Federal credit assistance programs; and
(C)
increase the lending capacity of existing State infrastructure banks;
(3)
analyze the opportunities a Federal Infrastructure Bank presents in—
(A)
reducing barriers to the financing of multimodal or multijurisdictional projects;
(B)
attracting foreign investment from a country other than a covered foreign country;
(C)
financing nonrevenue infrastructure projects and projects located in rural and economically disadvantaged areas; and
(D)
complementing but not duplicating existing Federal credit assistance programs for infrastructure projects;
(4)
examine how a national infrastructure bank that is substantially owned or controlled by the Federal Government would be subject to Federal budget laws and accounting rules and procedures; and
(5)
identify best practices of other infrastructure banks, including—
(A)
national infrastructure banks or other specialized development banks located in a country other than a covered foreign country; and
(B)
the California Infrastructure and Economic Development Bank.
(c)
Consultation
In preparing the study required under subsection (a), the National Academies shall consult with—
(1)
the Secretary and other heads of relevant Federal agencies;
(2)
State infrastructure banks; and
(3)
stakeholders with expertise in financial markets and infrastructure financing.
(d)
Report
An agreement entered into under subsection (a) shall require that, not later than 2 years after the date of enactment of this Act, the National Academies submit a report detailing the findings of the study required under subsection (a) to—
(1)
the Committee on Transportation and Infrastructure of the House of Representatives;
(2)
the Committee on Financial Services of the House of Representatives;
(3)
the Committee on Environment and Public Works of the Senate;
(4)
the Committee on Commerce, Science, and Transportation of the Senate; and
(5)
the Committee on Banking, Housing, and Urban Development of the Senate.
(e)
Definitions
In this section:
(1)
Covered entity
The term  covered entity  means—
(A)
a State;
(B)
any other governmental entity, including a political subdivision or any other instrumentality of a State;
(C)
a State infrastructure bank;
(D)
a partnership, including a public-private partnership;
(E)
a corporation, limited liability company, or any other legally established corporate form;
(F)
a joint venture;
(G)
a trust; or
(H)
a revolving fund.
(2)
Covered foreign country
The term  covered foreign country  has the meaning given that term in section 164(e) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (10 U.S.C. note prec. 4651).
(3)
Federal infrastructure bank
The term  Federal Infrastructure Bank  means a federally-chartered and privately-funded bank established to provide to a covered entity credit assistance, including equity investments, direct loans, indirect loans, and loan guarantees, for the planning, predevelopment, design, construction, operations, or maintenance of infrastructure projects in the United States.
(4)
State
The term  State  means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.
(5)
State infrastructure bank
The term  State infrastructure bank  means a State infrastructure bank or multistate infrastructure bank established pursuant to—
(A)
section 350 of the National Highway System Designation Act of 1995 ( 23 U.S.C. 101  note);
(B)
section 1511 of the Transportation Equity Act for the 21st Century ( 23 U.S.C. 181  note);
(C)
section 610 of title 23, United States Code; or
(D)
any State law that establishes such bank as an agency, component unit, or other governmental entity of the State.
III
Public Transportation
A
Reforms
3001.
Purpose and declaration of policy
Section 5301 of title 49, United States Code, is amended to read as follows:
5301.
Purpose and declaration of policy
(a)
General purpose
The purpose of this chapter is to foster the delivery of safe, high-quality transit services by public transportation providers to individuals, including individuals with disabilities, seniors, and individuals who depend on public transportation, including through Federal funding to public transportation systems.
(b)
Declaration of policy
It is in the interest of the United States, including the economic interest of the United States, that authorities granted to the Secretary under this chapter facilitate—
(1)
the safe transportation of passengers, workers, and property on public transportation systems;
(2)
projects to develop and revitalize public transportation systems in a manner that—
(A)
provides safe, efficient, and convenient public transportation at the lowest cost; and
(B)
fosters cooperation of both public transportation companies and private companies engaged in public transportation;
(3)
the development of intermodal connections between transit services and other transportation modes and systems to serve public transportation passengers efficiently and effectively;
(4)
the research, development, demonstration, and deployment of projects dedicated to improving the delivery of safe and effective public transportation services;
(5)
the development of the public transportation workforce;
(6)
the maintenance of a state of good repair of public transportation infrastructure and vehicles;
(7)
the adoption of innovative technology, concepts, and approaches to promote safety, capacity, and efficiency improvements for projects funded by a fixed guideway capital investment grant;
(8)
economic development;
(9)
the development and delivery of capital projects;
(10)
cooperative and comprehensive planning that improves the performance of the transportation network; and
(11)
technical assistance for recipients of assistance under this chapter to more effectively and efficiently provide public transportation service.
 .
3002.
Definitions
(a)
In general
Section 5302 of title 49, United States Code, is amended—
(1)
in paragraph (2)—
(A)
by striking  or use and that are physically or functionally related  and inserting  use, accessibility, navigability, or safety and that are physically or functionally related ;
(B)
by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively;
(C)
by striking   associated transit improvement  means, with respect to any project or an area to be served by a project, projects  and inserting
 associated transit improvement —
(A)
means, with respect to any project or an area served by a project, projects
 ;
(D)
by striking  facilities. Eligible projects are—  and inserting
facilities; and
(B)
are projects related to—
 ; and
(E)
in clause (i), as so redesignated, by striking  intended  and inserting  planned ;
(2)
by striking paragraph (16);
(3)
by redesignating paragraphs (4) through (15) as paragraphs (5) through (16), respectively;
(4)
by inserting after paragraph (3) the following new paragraph:
(4)
Capital asset
The term  capital asset  means a unit of rolling stock, a facility, a unit of equipment, or an element of infrastructure used for providing public transportation owned, operated, or managed by a recipient of financial assistance under this chapter.
 ;
(5)
in paragraph (5), as so redesignated—
(A)
in subparagraph (I)—
(i)
in clause (i) by striking  or  at the end;
(ii)
in clause (ii)(III) by striking the period at the end and inserting  ; or ; and
(iii)
by adding at the end the following:
(iii)
under section 5308.
 ;
(B)
in subparagraph (M) by striking  improvements; or  and inserting
improvements—
(i)
within 2.5 miles of a transit facility for projects described in clauses (v) and (vii) of paragraph (2)(B);
(ii)
within a half mile of a transit facility for projects described in clauses (i), (iii), and (iv) of paragraph (2)(B); and
(iii)
at any location within the service area of a public transportation provider for projects described in clauses (ii) and (vi) of paragraph (2)(B);
 ;
(C)
in subparagraph (N) by striking the period at the end and inserting  ; or ; and
(D)
by adding at the end the following new subparagraph:
(O)
software, contracted or wholly owned, that is related to the delivery of public transportation services, including software as a service and cloud-based software.
 ;
(6)
in paragraph (21) by striking  The term  and all that follows through the period at the end and inserting  With respect to a capital asset, the term  state of good repair  means the condition of the capital asset at which the capital asset is able to operate at a full level of performance, as such condition is determined by the standards prescribed by the Secretary in subpart D of part 625 of title 49, Code of Federal Regulations, or any successor regulation. ;
(7)
by redesignating paragraphs (22) through (25) as paragraphs (23) through (26), respectively; and
(8)
by inserting after paragraph (21) the following new paragraph:
(22)
Transit asset management plan
The term  transit asset management plan  means a plan—
(A)
developed by a recipient of funding under this chapter;
(B)
that includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
(C)
in which the recipient certifies compliance with part 625 of title 49, Code of Federal Regulations, or any successor regulation.
 .
(b)
Technical amendments
Section 5323(e)(3) of title 49, United States Code, is amended by striking  5302(4)(J)  and inserting  5302(5)(J) .
3003.
Transportation planning
(a)
Metropolitan transportation planning
Section 5303 of title 49, United States Code, is amended—
(1)
in subsection (b)—
(A)
by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and
(B)
by inserting after paragraph (4) the following:
(5)
Primary urbanized area
The term  primary urbanized area  means an urbanized area that—
(A)
has a population of at least 3,500,000 individuals, as determined by the Bureau of Census; or
(B)
extends into more than 1 State and has a population of at least 200,000, as determined by the Bureau of Census.
 ;
(2)
in subsection (f)(1) by striking  metropolitan area and  and inserting  metropolitan area, including primary urbanized areas that extend into more than 1 State in accordance with section 5308, and ;
(3)
in subsection (j)—
(A)
in paragraph (1) by adding at the end the following:
(E)
Exception
Notwithstanding any other provision of law, the amendment of an approved TIP to add a project or an identified phase of a project shall not require public review and comment if the added project or the identified phase—
(i)
was in the approved TIP that immediately preceded the current TIP; and
(ii)
is unchanged from the project or the identified phase in the preceding TIP.
 ; and
(B)
in paragraph (5)(A) by striking  subsection (k)(4)  and inserting  subsection (k)(5) ;
(4)
in subsection (k)(4)—
(A)
in subparagraph (A) by striking
In general   and inserting
Housing Coordination Process  ;
(B)
by striking subparagraph (B);
(C)
in subparagraph (C)—
(i)
in clause (i) by striking the enumerator and the heading; and
(ii)
by striking clause (ii); and
(D)
by redesignating subparagraph (C), as amended, as subparagraph (B); and
(5)
by adding at the end the following:
(s)
Additional uses of metropolitan planning funding
In addition to carrying out the purposes of this section, funds appropriated under section 104(b)(6) of title 23 and section 5305(f) to States and metropolitan planning organizations to carry out this section may be used for—
(1)
fiscal administration of local projects;
(2)
preliminary design;
(3)
local technical assistance;
(4)
studies directly linked to transportation; and
(5)
critical data procurement.
 .
(b)
Statewide and nonmetropolitan transportation planning
Section 5304 of title 49, United States Code, is amended—
(1)
in subsection (e)(3) by striking the period at the end and inserting  , including primary urbanized areas that extend to more than 1 State in accordance with section 5308. ; and
(2)
in subsection (g)—
(A)
by redesignating paragraph (9) as paragraph (10); and
(B)
by inserting after paragraph (8) the following:
(9)
Exception
Notwithstanding any other provision of law, the amendment of an approved transportation improvement program to add a project or an identified phase of a project shall not require public review and comment if the added project or the identified phase—
(A)
was in the approved transportation improvement program that immediately preceded the current transportation improvement program; and
(B)
is unchanged from the project or the identified phase in the preceding transportation improvement program.
 .
3004.
Planning programs
(a)
In general
Section 5305 of title 49, United States Code, is amended—
(1)
in subsection (d)(1)(A) by striking  subsection (g)(1)  and inserting  subsection (f)(1) ;
(2)
in subsection (d)(3)(A) by striking  subsection (g)(1)  and inserting  subsection (f)(1) ;
(3)
in subsection (e)(1)(A) by striking  subsection (g)(2)  and inserting  subsection (f)(2) ;
(4)
in subsection (e)(2) by striking  subsection (d)  and inserting  subsection (c) ;
(5)
in subsection (g)—
(A)
by striking  fiscal year  and inserting  fiscal year, less the amount set aside for such fiscal year for the program under subsection (i) ;
(B)
in paragraph (1) by striking  subsection (d)  and inserting  subsection (c) ; and
(C)
in paragraph (2) by striking  subsection (e)  and inserting  subsection (d) ;
(6)
by striking subsection (a);
(7)
by redesignating subsections (b) through (h) as subsections (a) through (g), respectively; and
(8)
by adding at the end the following new subsection:
(h)
Exemptions to covered territories
(1)
In general
Beginning on the date of enactment of this subsection, the Secretary may award a grant to a covered territory as if the covered territory is a State, except if the Secretary determines that a requirement of section 5303, 5304, or this section is inconsistent with the needs of the covered territory, the Secretary may exempt the territory from such requirement.
(2)
Covered territory defined
In this subsection, the term  covered territory  means American Samoa, the Northern Mariana Islands, Guam, and the Virgin Islands.
 .
(b)
Amendments to Pilot Program for Transit-Oriented Development Planning
Subsection (b) of section 20005 of MAP–21 ( 49 U.S.C. 5303  note) is amended—
(1)
in the subsection heading by striking
Pilot  ;
(2)
by striking paragraph (1);
(3)
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
(4)
by adding at the end the following new paragraph:
(3)
Eligible project defined
In this subsection, the term  eligible project  means a new fixed guideway capital project or a core capacity improvement project, as those terms are defined in section 5309.
 .
(c)
Transfer of Program for Transit-Oriented Development Planning
Subsection (b) of section 20005 of MAP–21 ( 49 U.S.C. 5303  note), as amended, is transferred to appear as subsection (i) of section 5305 of title 49, United States Code.
3005.
Urbanized area formula grants
(a)
In general
Section 5307 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)(A)—
(i)
in clause (i) by striking  ; or  at the end; and
(ii)
by adding at the end the following:
(iii)
operate a minimum of 101 buses and a maximum of 125 buses in fixed route or demand response service, excluding ADA complementary paratransit service, during peak hours, in an amount not to exceed 25 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
 ; and
(B)
in paragraph (2)(B)—
(i)
in clause (i) by striking  ; or  and inserting a semicolon;
(ii)
in clause (ii) by striking the period at the end and inserting  ; or ; and
(iii)
by adding at the end the following:
(iii)
operate a minimum of 101 buses and a maximum of 125 buses in fixed route or demand response service, excluding ADA complementary paratransit service, during peak hours, in an amount not to exceed 25 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and including in the designated recipient’s final program of projects prepared under subsection (b).
 ;
(2)
in subsection (b)—
(A)
by striking paragraph (4); and
(B)
by redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively;
(3)
in subsection (c)(1)—
(A)
in subparagraph (I) by inserting  or eliminating  after  raising ;
(B)
by striking subparagraph (J) and inserting the following:
(J)
will expend not less than 1 percent of the amount the recipient receives for each fiscal year under section 5336 for crime prevention and security projects described in section 5321;
 ; and
(C)
by striking subparagraph (K) and inserting:
(K)
will expend not less than 1 percent of the amount the recipient receives for each fiscal year under section 5336 to further meet or exceed the requirements described in part 37 or 38 of title 49, Code of Federal Regulations; and
 ;
(4)
by striking subsection (f) and inserting the following:
(f)
Records, audits, and evaluations
(1)
Records
The Secretary shall require a recipient of a grant under this section to keep records that—
(A)
disclose—
(i)
the amount and disposition by the recipient of the proceeds of the grant;
(ii)
the total cost of the plan or program for which the grant is given or used; and
(iii)
the amounts and kinds of remaining costs of the plan or program, as described under subsection (d)(3); and
(B)
enable the Secretary or another appropriate entity to audit such recipient.
(2)
Audits and examinations
The Secretary and the Comptroller General may audit and examine any records of a recipient that are related to a grant made under this section.
(3)
Annual audit
(A)
In general
At least annually, the Secretary shall carry out, or authorize a recipient to carry out independently, an audit of records for each grant to establish whether the recipient—
(i)
has carried out the requirements prescribed in subsection (c) for each grant made pursuant to this section;
(ii)
is prepared to continue to fulfill such requirements for the duration of the grant; and
(iii)
has administered the grant and all amounts of the Government in accordance with all applicable laws and regulations.
(B)
Independent audit procedures and requirement
A recipient authorized by the Secretary to carry out an independent review and audit under subparagraph (A) shall—
(i)
ensure that an independent audit complies with the auditing procedures of the Comptroller General; and
(ii)
submit a certified copy of the audit to the Secretary not more than 6 months after the end of the fiscal year for which the audit was made.
(4)
Triennial review
Except as otherwise provided by paragraph (5), the Secretary shall—
(A)
not less than once every 3 calendar years—
(i)
review and evaluate the findings from each annual audit; and
(ii)
assess the extent to which actual program activities are consistent with—
(I)
the activities proposed under subsection (b); and
(II)
the planning process required under sections 5303, 5304, and 5305;
(B)
to the extent practicable, coordinate such review with any related State or local reviews; and
(C)
prioritize, as appropriate, the primary scope of the review on—
(i)
any previously identified deficiencies by the recipient; and
(ii)
the most common deficiencies by all recipients, as identified by the Secretary.
(5)
Waiver of review
(A)
In general
Except as otherwise provided in subparagraph (C), the Secretary may waive the review described in paragraph (4) if the Secretary, upon a review of findings from the annual audits required under paragraph (3), determines that the recipient has—
(i)
not established a pattern of deficiency in meeting all applicable grant requirements as prescribed by law; and
(ii)
complied, to the satisfaction of the Secretary, with all relevant directives issued by the Federal Transit Administration and attributable to the recipient, as applicable.
(B)
Consecutive waivers
The Secretary may consecutively waive the review described in paragraph (4) after determining pursuant to paragraph (5) that a waiver is justified, however, the Secretary must conduct at least 1 review every 10 calendar years.
(C)
Requested reviews
The Secretary shall conduct all regularly scheduled triennial reviews for a recipient if the recipient requests such scheduled review be conducted.
(6)
Actions resulting from review, audit, or evaluation
The Secretary may take appropriate action in response to a finding from a review or an audit conducted under this subsection, including adjusting the amount of a grant or withdrawing a grant.
 ; and
(5)
by striking subsection (h) and inserting the following:
(h)
All stations accessibility program
(1)
In general
The Secretary may make competitive grants to covered entities for use financing capital and planning projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems for individuals with disabilities, including individuals who use wheelchairs, by increasing the number of existing (as of the date of enactment of this subsection) stations or facilities for passenger use that meet or exceed the new construction standards of title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ).
(2)
Application
(A)
In general
To be eligible to receive a grant under this subsection, a covered entity that has complied with subparagraph (B) shall submit to the Secretary an application—
(i)
in such form and containing such information as the Secretary may require; and
(ii)
including a certification by the applicant that the project for which a grant is requested will meet or exceed the new construction standards of title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ).
(B)
Consultation requirement
Prior to submitting an application under subparagraph (A), a covered entity shall consult with appropriate stakeholders and the surrounding community to ensure accessibility for individuals with disabilities, including individuals with physical, intellectual, developmental, or sensory disabilities and individuals who use wheelchairs.
(3)
Competitive process
The Secretary shall—
(A)
not later than 90 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for projects on a competitive basis; and
(B)
award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i)
90 days after the date on which the solicitation expires; or
(ii)
the end of the fiscal year in which the Secretary solicited the grant applications.
(4)
Eligible projects
A recipient of a grant under this subsection may use the grant for the following projects:
(A)
A capital project to repair, improve, modify, retrofit, or relocate infrastructure of stations or facilities for passenger use, including load-bearing members that are an essential part of the structural frame of the station or facility.
(B)
A planning project to develop or modify a plan for 1 or more public transportation accessibility projects, an assessment of accessibility, or an assessment of a planned modification to stations or facilities for passenger use.
(5)
Prohibited uses
A recipient of a grant under this subsection may not use such grant to upgrade a station or facility for passenger use that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, and that meet or exceed the new construction standards under title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ).
(6)
Federal share
The Federal share of a project for which a grant is issued under this subsection shall not exceed 80 percent of the net project cost.
(7)
Required disclosures
The Secretary shall—
(A)
upon issuance of the notice of funding opportunity in the Federal Register with respect to the program under paragraph (1), publicly disclose all metrics and evaluation procedures to be used in considering applications submitted under paragraph (2); and
(B)
make publicly available a summary of final scores for projects funded by a grant under this subsection, metrics, and other evaluations used in awarding grants under this subsection.
(8)
Covered entity defined
In this subsection, the term  covered entity  means—
(A)
a designated recipient that allocates funds awarded under this chapter to 1 or more legacy rail fixed guideway public transportation systems; and
(B)
a State or local governmental entity that operates 1 or more legacy rail fixed guideway public transportation systems.
 .
(b)
Repeals
(1)
Electric or low-emitting ferry pilot program
Section 71102 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.
(2)
Ferry service for rural communities
Subsections (a) through (f) of section 71103 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 147  note) are repealed.
3006.
Consolidated State block grant program
(a)
In general
 Chapter 53  of title 49, United States Code, is amended by inserting after  section 5307  the following:
5308.
Consolidated State block grant program
(a)
In general
Excluding the amounts made available for primary urbanized areas with respect to which a State is not a designated recipient for Federal assistance pursuant to a financial assistance program or grant program referenced in section 5338(a)(2), the Secretary shall, subject to the requirements of subsection (b), consolidate grant amounts made available in a fiscal year pursuant to the formulas set forth in sections 5310, 5311(c)(5), 5336, 5337, 5339(a), and 5340.
(b)
Application requirements and selection
(1)
Application requirements
(A)
Certification
In applying to participate in the consolidated block grant program established under this section, a State shall—
(i)
provide written notice to all designated recipients within the State (other than those designated recipients located in a primary urbanized area) of the intent of such State to apply to such program;
(ii)
afford affected designated recipients an opportunity pursuant to subparagraph (B) to affirmatively elect or to deny participation in the program prior to the date on which the State intends to submit the application; and
(iii)
provide to the Secretary in the application a list of—
(I)
designated recipients that affirmatively elect to participate in the program; and
(II)
direct recipients in the relevant urbanized areas of such designated recipients.
(B)
Role of designated recipients
(i)
In general
A designated recipient shall, not later than 60 days after receiving written notice from the State described in subparagraph (A)(i), inform the State as to whether the recipient elects to participate in the program established under this section.
(ii)
Determination in coordination with direct recipients
Within the time period specified in clause (i), a designated recipient shall coordinate with all direct recipients in the relevant urbanized area in determining whether to participate in such program.
(iii)
Majority concurrence
A designated recipient of an urbanized area in which a majority of direct recipients in the relevant urbanized area elect to affirmatively participate in the block grant program established under this section shall—
(I)
be required to participate in the program established under this section; and
(II)
affirmatively notify the State of participation in the program.
(iv)
Failure to respond
A designated recipient of an urbanized area that fails to inform a State of an election under clause (i) within the time period specified in such clause shall be deemed by the State to have affirmatively provided notified the State of its participation in the program established under this section.
(C)
Non-participation
A designated recipient of an urbanized area that informs a State of its determination to refuse participation in the block grant program under this section in a fiscal year may not participate in such program for the following 3 fiscal years.
(2)
Selection
The Secretary shall allocate the amount described in subsection (a) to a State if the Secretary has—
(A)
received an application from the State;
(B)
determined that the State has an organization capable of effectively administering a block grant made under this section;
(C)
determined that the State uses a satisfactory—
(i)
transportation system planning process; and
(ii)
programming process;
(D)
calculated—
(i)
the total amount to consolidate and allocate to the State in accordance with subsection (a); and
(ii)
from the amount described in clause (i), the minimum amounts a State shall obligate, based on the amounts that would otherwise be allocated to such areas in a State under sections 5307, 5310, and 5311(c)(5), 5337, 5339(a), and 5340, to—
(I)
rural and urban areas; and
(II)
areas of different population levels; and
(E)
entered into an agreement with the State whereby the State agrees—
(i)
to comply with applicable Federal law, regulations, and requirements for administering the block grant;
(ii)
to provide the Secretary with such program information as the Secretary may require; and
(iii)
to comply with the record and audit requirements under subsection (c).
(c)
Records, audits, and evaluations
The requirements set forth in section 5307(f) shall apply to a State participating in the block grant program under this section.
(d)
Prohibition; rule of construction
(1)
Prohibition
A provider of public transportation in a primary urbanized area may not receive funding made available to a State pursuant to this section.
(2)
Rule of construction
Nothing in this subsection shall be construed to prohibit a provider of public transportation in a primary urbanized area from receiving funding from a State if the relevant State is the designated recipient for assistance pursuant to sections 5307, 5310, 5311, 5337, 5339, or 5340.
(e)
Eligible projects
Amounts allocated to a State for assistance pursuant to this section may be used for—
(1)
capital projects;
(2)
planning;
(3)
job access and reverse commute projects;
(4)
operating costs of equipment and facilities for use in public transportation, notwithstanding section 5307(a)(1)(D);
(5)
public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(6)
public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. );
(7)
public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit;
(8)
alternatives to public transportation that assist seniors and individuals with disabilities with transportation;
(9)
the acquisition of public transportation services, including service agreements with private providers of public transportation service;
(10)
intercity bus transportation and related activities described in section 5311(f)(1);
(11)
financing capital projects to—
(A)
maintain public transportation systems in a state of good repair, including projects to replace and rehabilitate—
(i)
rolling stock;
(ii)
track;
(iii)
line equipment and structures;
(iv)
signals and communications;
(v)
power equipment and substations;
(vi)
passenger stations and terminals;
(vii)
security equipment and systems;
(viii)
maintenance facilities and equipment;
(ix)
operational support equipment, including computer hardware and software;
(x)
development and implementation of a transit asset management plan; and
(xi)
other replacement and rehabilitation projects the Secretary determines appropriate;
(B)
replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify vehicles described in section 5339(c)(5) or related facilities; and
(C)
construct bus-related facilities; and
(12)
any other activity eligible for assistance pursuant to sections 5307, 5310, 5311, 5337, 5339(a), and 5340 of this chapter.
(f)
Roles and responsibilities of participating States
(1)
Program documentation
(A)
In general
Any grant agreement providing funds to be administered under such program shall be documented in a manner determined acceptable to the Secretary.
(B)
Parity
The Secretary shall provide parity to States and shall only require the same type of information and level of detail for any program agreements and documentation that the Secretary would perform with respect to such action if the State did not receive assistance in the form of a block grant under this section.
(C)
Responsibilities
Unless the State expressly agrees to retain responsibility, the Secretary shall assume responsibility for grant compliance investigations, determinations, and enforcement.
(2)
Reporting requirements
(A)
In general
Each State participating in the block grant program shall submit to the Secretary an annual report that includes—
(i)
the number of project applications received for each fiscal year, including—
(I)
the aggregate cost of the projects for which applications are received; and
(II)
the types of projects to be carried out, expressed as percentages of the total consolidated amount allocated to the State under this section; and
(ii)
a list of each project selected for funding for each fiscal year, including, for each project—
(I)
the fiscal year during which the project was selected;
(II)
the fiscal year in which the project is anticipated to be funded;
(III)
the recipient;
(IV)
the location, including the congressional district;
(V)
the type;
(VI)
the cost; and
(VII)
a brief description.
(B)
Public availability
The Secretary shall make available to the public, in a user-friendly format on the website of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).
(g)
Consultation with certain planning organizations
For purposes of carrying out a block grant program under this section, a State shall—
(1)
as applicable, consult with relevant metropolitan planning organizations in an urbanized area that is not a primary urbanized area; or
(2)
as applicable, consult with relevant regional transportation planning organizations in rural areas.
(h)
Treatment of projects
Projects funded under this section shall be treated as public transportation projects for purposes of this chapter.
(i)
Cost share
(1)
In general
Except as provided in paragraphs (2) and (3), the Federal share of an allowable project cost for a project funded under this section shall not exceed 80 percent.
(2)
Sliding scale
The Federal share rate provided under paragraphs (1) and (2) of section 120(b) of title 23 shall apply to a project under this section if such rate is applicable to the State in which such project is carried out.
(3)
Certain projects
Section 5323(i) applies to projects carried out under this subsection, unless a lower share percentage is requested.
(j)
Primary urbanized area
In this section, the term  primary urbanized area  means an urbanized area that—
(1)
has a population of at least 3,500,000, as determined by the Bureau of Census; or
(2)
extends into more than 1 State and has a population of at least 200,000, as determined by the Bureau of Census.
 .
(b)
Rulemaking authority
The Secretary may issue such regulations as may be necessary to carry out section 5308, as added by subsection (a).
3007.
Fixed guideway capital investment grants
(a)
Amendments to fixed guideway capital investment grant program
Section 5309 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1) by striking  , the following definitions shall apply ;
(B)
by striking paragraph (2) and inserting the following:
(2)
Core capacity improvement project
The term  core capacity improvement project —
(A)
(i)
means a capital investment in an existing fixed guideway system that—
(I)
increases the capacity of a corridor by not less than 10 percent; or
(II)
substantially increases the capacity of such system (in part or in whole); and
(ii)
includes a project that—
(I)
is primarily intended to increase capacity by reducing passenger travel time in a corridor or in an existing fixed guideway system, including for passengers with disabilities and those who use wheelchairs; and
(II)
otherwise meets the requirements of clause (i); and
(B)
does not include—
(i)
elements designed to maintain a state of good repair of the existing fixed guideway system;
(ii)
elements to improve general station facilities (other than stairs, elevators, ramps, or escalators for passenger use) or parking; and
(iii)
acquisition of rolling stock alone.
 ;
(C)
in paragraph (3) by striking  small start  and inserting  streamlined start ; and
(D)
in paragraph (6)—
(i)
in the paragraph heading by striking
Small start   and inserting
Streamlined start  ;
(ii)
in the matter preceding subparagraph (A) by striking  small start  and inserting  streamlined start ; and
(iii)
by striking subparagraphs (A) and (B) and inserting the following:
(A)
the total estimated net capital cost is less than $1,000,000,000 (adjusted annually for inflation); and
(B)
Federal assistance provided or requested under this section is less than or equal to 50 percent of the dollar amount specified in subparagraph (A).
 ;
(2)
in subsection (b)—
(A)
in paragraph (1) by striking  small start  and inserting  streamlined start ; and
(B)
by striking paragraph (2) and inserting the following:
(2)
core capacity improvement projects, including—
(A)
acquisition of real property;
(B)
acquisition of rights-of-way;
(C)
double tracking;
(D)
signalization improvements;
(E)
electrification;
(F)
expanding system platforms;
(G)
acquisition of rolling stock associated with corridor or system-wide improvements increasing capacity;
(H)
construction of infill stations;
(I)
construction, renovation, and improvement of stairs, ramps, elevators, and escalators to improve accessibility of the system or corridor for individuals with disabilities, including individuals who use wheelchairs; and
(J)
other capacity improvements the Secretary determines are appropriate to increase the capacity of the system or corridor.
 ;
(3)
in subsection (c)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking  small start  and inserting  streamlined start ; and
(ii)
in subparagraph (C)—
(I)
by striking  the applicant  and inserting  if applicable, the applicant ;
(II)
by striking  the performance targets  and inserting  a performance target ; and
(III)
by striking  in section 5326(c)(2)  and inserting  described in section 5326(b)(2)(A) ; and
(B)
in paragraph (3) to read as follows:
(3)
Technical capacity
The Secretary shall use an expedited technical capacity review process for a project if the applicant—
(A)
has—
(i)
during the 5-year period immediately preceding the date on which the applicant requests funds for the project—
(I)
successfully completed at least 1 project pursuant to this section that is similar in complexity to the project for which the applicant is seeking an expedited review; and
(II)
demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project; or
(ii)
during the 3-year period immediately preceding the date on which the applicant requests funds for the project—
(I)
successfully completed at least 1 project pursuant to this section; or
(II)
fulfilled readiness requirements related to technical capacity for a comparable project sponsored by the applicant; and
(B)
certifies, in a manner determined by the Secretary, that all project oversight requirements applicable to the project will be fulfilled.
 ;
(4)
in subsection (d)(1)(A)—
(A)
in clause (i)(II) by striking  initiates  and inserting  has initiated ; and
(B)
in clause (ii)—
(i)
by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; and
(ii)
by inserting before subclause (II), as so redesignated, the following:
(I)
determines that the applicant has completed 30 percent of design and engineering for the project;
  ;
(5)
in subsection (e)—
(A)
in paragraph (1)(A)—
(i)
in clause (i)(II) by striking  initiates  and inserting  has initiated ; and
(ii)
in clause (ii)—
(I)
by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; and
(II)
by inserting before subclause (II), as so redesignated, the following:
(I)
determines that the applicant has completed 30 percent of design and engineering for the project;
  ; and
(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
by striking clause (iii);
(II)
by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and
(III)
in clause (iii), as so redesignated, by striking  needs of the corridor  and all that follows through the semicolon and inserting  needs of the system or corridor; ;
(ii)
in subparagraph (B)—
(I)
in the matter preceding clause (i) by striking  subparagraph (A)(iv)  and inserting  subparagraph (A)(iii) ; and
(II)
by striking clause (ii) and inserting the following:
(ii)
whether the project will increase capacity of a corridor by at least 10 percent or substantially increase capacity system-wide (in whole or in part), including in the manner described in subsection (a)(2)(A)(ii);
 ;
(6)
in subsection (f)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking   or (e)(2)(A)(v)  and inserting  or (e)(2)(A)(iv) ; and
(ii)
in subparagraph (C) by striking  local resources  and inserting  the applicant demonstrate that local resources ; and
(B)
in paragraph (2) by striking  or (e)(2)(A)(v)  and inserting  or (e)(2)(A)(iv) ;
(7)
in subsection (g)—
(A)
in paragraph (2)—
(i)
in subparagraph (A)(ii) by striking  subsection (e)(2)(A)(iv)  and inserting  subsection (e)(2)(A)(iii) ;
(ii)
in subparagraph (B) by striking  or (e)(2)(A)(iv)  each place it appears and inserting  or (e)(2)(A)(iii)  and
(iii)
by adding at the end the following:
(D)
Eligibility for adjustment of certain criterion
(i)
In general
In evaluating and rating the economic development criterion referenced in subsection (d)(2)(A)(iii) and (e)(2)(A)(iii), the Secretary may increase 1 point on the 5-point scale (high, medium-high, medium, medium-low, or low) the rating for the economic development criterion if the applicant submits documented evidence that enacted local policies promote housing development for areas accessible to transit facilities along the project route.
(ii)
Consideration; consultation
In carrying out clause (i), the Secretary shall—
(I)
consider whether the evidence submitted by the applicant will result in development appropriate to expected housing demand in the project area; and
(II)
consult with the Secretary of Housing and Urban Development.
 ;
(B)
by amending paragraph (5) to read as follows:
(5)
Policy guidance
(A)
In general
The Secretary shall issue policy guidance regarding the review and evaluation process and criteria each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years.
(B)
Requirement
In carrying out subparagraph (A), the Secretary shall—
(i)
ensure that the policy guidance for streamlined start projects is reflective of any differences in project scope, cost, risk, and source of local financial commitment compared to projects under subsections (d) and (e); and
(ii)
for core capacity improvement projects that propose to increase capacity in the manner described in subsection (a)(2)(A)(ii), issue specific policy guidance for evaluating how such projects may increase the capacity of the system or corridor.
(C)
Nonsubstantive policy updates
Notwithstanding the requirements of section 5334(k), the Secretary may issue or publish an update to the policy guidance described in subparagraph (A) provided that such update does not—
(i)
impose a binding obligation on an applicant under this section; or
(ii)
significantly change the administration of the existing policy.
 ;
(C)
in paragraph (6)—
(i)
by striking  Not later than 1 year  and all that follows through  shall issue  and inserting  The Secretary shall maintain ; and
(ii)
in subparagraph (B) by striking  corridor  and inserting  corridor or system ; and
(D)
in paragraph (8) by striking  the date of enactment of the Federal Public Transportation Act of 2012  and inserting  October 1, 2012 ;
(8)
in subsection (h)—
(A)
in the subsection heading by striking
Small start   and inserting
Streamlined start  ;
(B)
by striking  small start  in each place it occurs and inserting  streamlined start ;
(C)
by striking  small starts  in each place it occurs and inserting  streamlined start ;
(D)
in paragraph (2)(A)—
(i)
in clause (i)(II) by striking  initiates  and inserting  has initiated ; and
(ii)
in clause (ii)—
(I)
by redesignating subclauses (I) and (II) as subclauses (II) and (III), respectively; and
(II)
by inserting before subclause (II), as so redesignated, the following:
(I)
determines that the applicant has completed 30 percent of design and engineering for the project;
  ;
(E)
in paragraph (6) by adding at the end the following:
(C)
Eligibility for adjustment of certain criterion
(i)
In general
In evaluating and rating the economic development criterion referenced in paragraph (4), the Secretary may increase 1 point on the 5-point scale (high, medium-high, medium, medium-low, or low) the rating for the economic development criterion if the applicant submits documented evidence that enacted local policies promote housing development for areas accessible to transit facilities along the project route.
(ii)
Consideration; consultation
In carrying out clause (i), the Secretary shall—
(I)
consider whether the evidence submitted by the applicant will result in development appropriate to expected housing demand in the project area; and
(II)
consult with the Secretary of Housing and Urban Development.
 ; and
(F)
in paragraph (7)(C) by striking  10 days  and inserting  3 business days ;
(9)
in subsection (i)(4)—
(A)
in subparagraph (B)—
(i)
in the subparagraph heading by striking
Small start   and inserting
Streamlined start  ; and
(ii)
by striking  small start  and inserting  streamlined start ; and
(B)
in subparagraph (C)(iii) by striking  small start  and inserting  streamlined start ;
(10)
in subsection (j) by striking  the date of enactment of the Federal Public Transportation Act of 2012  and inserting  October 1, 2012 ;
(11)
in subsection (k)—
(A)
in paragraph (2)—
(i)
in subparagraph (E)(i) by striking  Applicants  and inserting  Unless otherwise provided by subparagraph (G), applicants ;
(ii)
in subparagraph (F) by striking  To be eligible  and inserting  Unless otherwise provided by subparagraph (G), to be eligible ; and
(iii)
by adding at the end the following new subparagraph:
(G)
Special rule
An applicant seeking a full funding grant agreement under this paragraph for a project that has a local financial commitment of not less than 50 percent of the total net cost of the project may not be required by the Secretary to submit a plan described in subparagraph (E) or to collect data on the current system described in subparagraph (F).
 ; and
(B)
in paragraph (5) by striking  15 days  and inserting  3 business days ;
(12)
in subsection (l)—
(A)
in paragraph (1)(B)—
(i)
in clause (iii) by striking  in the corridor  and inserting  of the system or corridor ; and
(ii)
in clause (iv)—
(I)
in the clause heading by striking
small start   and
streamlined start  ; and
(II)
by striking  small start  and inserting  streamlined start ; and
(B)
in paragraph (7) by striking  the date of enactment of the Federal Public Transportation Act of 2012  and inserting  October 1, 2012 ;
(13)
in subsection (m) by adding at the end the following new paragraph:
(3)
Pre-project development phase costs
The Secretary shall pay the Government share of project costs incurred by a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements, if—
(A)
the project development costs of the project were incurred by the State or local governmental authority before the date on which the project entered into the project development phase;
(B)
the project—
(i)
in the case of a project under subsections (d) or (e), advances to the engineering phase; or
(ii)
in the case of a project under subsection (h), advances to the construction phase; and
(C)
the State or local governmental authority applies for payment of such Government share.
 ;
(14)
in subsection (o)—
(A)
in paragraph (1)—
(i)
by striking subparagraph (B);
(ii)
by striking subparagraph (C) and inserting the following:
(C)
recommendations of such projects for funding—
(i)
based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary; and
(ii)
prioritizing projects submitted under subsection (u); and
 ;
(iii)
by redesignating subparagraph (C), as amended, as subparagraph (B); and
(iv)
by adding at the end the following new subparagraph:
(C)
a narrative summary for projects for which the Secretary adjusted the rating of the economic development criterion pursuant to subsection (g)(2)(D) or (h)(6)(C).
 ;
(B)
in paragraph (2)(A)(i)(I) by striking  and section 3005(b) of the Federal Public Transportation Act of 2015 ( 49 U.S.C. 5309  note;  Public Law 114–94 ) ; and
(C)
by adding at the end the following new paragraph:
(3)
Evaluations and rating
Concurrently with updates made pursuant to subsection (r)(2), the Secretary shall submit to Congress, and make available to the public, report evaluations and ratings, as required under subsections (d), (e), and (h), for each such project that—
(A)
is in the project development phase;
(B)
is in the engineering phase; or
(C)
has received a full funding grant agreement.
 ;
(15)
in subsection (p)—
(A)
in the subsection heading by striking
rule   and inserting
rules regarding cost effectiveness  ;
(B)
by striking  For the purposes  and inserting
(1)  Treatment of certain capital costs .—For the purposes ; and
(C)
by adding at the end the following new paragraph:
(2)
Alternative metric consideration
In making a determination regarding the cost effectiveness of a project under subsection (d)(2)(A)(iii) or (e)(2)(A)(iii), the Secretary may consider, in addition to the measurement of cost per rider, upon request of the project sponsor, an alternative metric for cost effectiveness determined appropriate by the Secretary.
 ; and
(16)
by adding at the end the following:
(s)
Alternative project delivery
(1)
In general
Notwithstanding contract requirements in section 5325, the Secretary may allow an applicant to enter into a covered project delivery contract with respect to a project for which the applicant requests funds under this section.
(2)
Covered project delivery contract defined
In this subsection, the term  covered project delivery contract  means—
(A)
an agreement that provides for both design and construction of a project by 1 or more contractors through alternative project delivery methods, including construction manager/general contractor, construction manager-at-risk, progressive design build, or any other alternative project delivery method; or
(B)
a single contract for the delivery of a whole project that—
(i)
includes, at a minimum, the sponsor, builder, and designer as parties subject to the terms of the contract;
(ii)
aligns the interests of all parties to the contract with respect to the project costs and project outcomes; and
(iii)
includes processes to ensure transparency and collaboration among all parties to the contract with respect to the project costs and project outcomes.
(t)
Special rule for risk assessment and lock-in date
With respect to core capacity improvement projects and new fixed guideway capital projects, the Secretary may not determine a maximum Capital Investment Grant contribution or conduct a risk assessment until 120 days after the project enters into the engineering phase, except the Secretary may conduct a risk assessment earlier upon request from the project sponsor.
 .
(b)
Amendments to expedited project delivery for capital investment grants pilot program
Section 3005(b) of the FAST Act ( 49 U.S.C. 5309  note) is amended—
(1)
in the heading by striking
pilot  ;
(2)
by striking paragraph (1) and inserting the following:
(1)
Definition of specified core capacity improvement project
In this subsection, the term  specified core capacity improvement project —
(A)
(i)
means a capital investment in an existing fixed guideway system that—
(I)
increases the capacity of a corridor by not less than 10 percent; or
(II)
substantially increases the capacity of such system (in part or in whole); and
(ii)
includes a project that—
(I)
is primarily intended to increase capacity by reducing passenger travel time in a corridor or in an existing fixed guideway system, including for passengers with disabilities and passengers who use wheelchairs; and
(II)
otherwise meets the requirements of clause (i);
(B)
may include project elements designed to achieve a state of good repair of the existing fixed guideway system; and
(C)
does not include—
(i)
elements designed to maintain a state of good repair of the existing fixed guideway system;
(ii)
elements to improve general station facilities (other than stairs, elevators, ramps, or escalators for passenger use) or parking; and
(iii)
acquisition of rolling stock alone.
 ;
(3)
in paragraph (2)—
(A)
in subparagraph (A) by striking  small start  and inserting  streamlined start ; and
(B)
by striking subparagraph (B) and inserting the following:
(B)
specified core capacity improvement projects, including—
(i)
acquisition of real property;
(ii)
acquisition of rights-of-way;
(iii)
double tracking;
(iv)
signalization improvements;
(v)
electrification;
(vi)
expanding system platforms;
(vii)
acquisition of rolling stock associated with corridor improvements increasing capacity;
(viii)
construction of infill stations;
(ix)
construction, renovation, and improvement of stairs, ramps, elevators, and escalators to improve accessibility of the system or corridor for individuals with disabilities, including individuals who use wheelchairs; and
(x)
other capacity improvements the Secretary determines are appropriate to increase the capacity of the system or corridor.
 ;
(4)
in paragraph (3)—
(A)
in subparagraph (A)—
(i)
by striking  not more than 8 grants under this subsection for eligible projects if the Secretary determines that  and inserting  grants under this subsection to State and local governmental authorities to assist in financing a new fixed guideway capital project, a streamlined start project, or a specified core capacity improvement project if the Secretary determines that ;
(ii)
in clause (i) by striking  of title 49, United States Code ;
(iii)
by striking clause (iii) and inserting the following:
(iii)
there are private contributions to the project, which may include cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies, provided such elements are determined by local policies, criteria, and decisionmaking under section 5306(a);
 ; and
(iv)
in clauses (i) through (vi) by striking  eligible  each place it appears;
(B)
in subparagraph (B) by striking  of title 49, United States Code, ;
(C)
in subparagraph (C) by striking  for applicants that have  and all that follows through the period and inserting  as prescribed in subsection (c)(3). ;
(D)
in subparagraph (D)—
(i)
in clause (i)—
(I)
in the matter preceding subclause (I) by striking  an eligible project  and inserting  a project ; and
(II)
in subclause (I) by striking  eligible ; and
(ii)
in clause (ii) by striking  eligible  each place it appears;
(E)
in subparagraph (E) by striking  of title 49, United States Code, ; and
(F)
by adding at the end the following new subparagraph:
(F)
Consideration for specified core capacity project
For purposes of making a determination under this paragraph for a specified core capacity project, the Secretary shall determine whether the project will increase capacity of a corridor by at least 10 percent or substantially increase capacity system-wide (in whole or in part), including in the manner described in paragraph (1)(A)(ii).
 ;
(5)
in paragraph (4)—
(A)
in subparagraph (A) by striking  an eligible  and inserting  a ;
(B)
in subparagraphs (B) and (C) by striking  eligible  each place it appears; and
(C)
in subparagraph (C)(i) by striking  public-private partnership required  and inserting  private contributions required ;
(6)
in paragraph (5)(A) by striking  120 days  and inserting  180 days ;
(7)
in paragraph (6)—
(A)
by striking  eligible  each place it appears; and
(B)
by inserting  specified  before  core capacity ;
(8)
in paragraph (7) by striking  an eligible  and inserting  a ;
(9)
in paragraph (8)—
(A)
in subparagraph (A)(i)—
(i)
by striking  an eligible  each place it appears and inserting  a ; and
(ii)
by striking  the eligible  and inserting  the ;
(B)
in subparagraph (B)—
(i)
in clauses (i) and (ii) by striking  an eligible  and inserting  a ;
(ii)
in clause (iii)—
(I)
by striking  eligible  each place it appears; and
(II)
in subclause (III) by striking  , consistent with the terms of the public-private partnership agreement ;
(iii)
in clause (iv)—
(I)
in subclause (III) by striking  eligible project  each place it appears and inserting  project ; and
(II)
in subclause (IV)—
(aa)
by inserting  specified  before  core capacity ; and
(bb)
by striking  small start  and inserting  streamlined start ; and
(iv)
in clause (v) by striking  small start  and inserting  streamlined start ;
(C)
in subparagraph (C)(i) by striking  eligible ; and
(D)
in subparagraph (D)—
(i)
in clause (i)—
(I)
by striking  15 days  and inserting  3 business days ; and
(II)
by striking  an eligible  and inserting  a ; and
(ii)
in clause (ii) by striking  eligible ;
(10)
in paragraph (9)—
(A)
in subparagraph (A)—
(i)
by striking  an eligible  and inserting  a ; and
(ii)
by striking  25 percent  and inserting  40 percent ;
(B)
in subparagraph (C) by striking  75 percent  and inserting  60 percent ; and
(C)
in subparagraph (E)—
(i)
by striking  an eligible project  and inserting  a project ;
(ii)
by striking  the applicant shall repay  and inserting  as determined by the Secretary, the applicant shall repay ;
(iii)
by striking  the eligible project  and inserting  the project ; and
(iv)
by striking  all eligible project  and inserting  all project ;
(11)
in paragraph (10)(A)—
(A)
by striking  an eligible project  and inserting  a project ;
(B)
by striking  that eligible project  and inserting  the project ; and
(C)
by striking  the eligible project  and inserting  the project ;
(12)
in paragraph (11) by striking  Not later than  and all that follows through the period at the end and inserting  In each annual report described in subsection (o)(1), the Secretary shall include a proposed amount to be available to finance grants for anticipated projects under this subsection. ; and
(13)
in paragraph (12)—
(A)
in subparagraph (B) by striking the semicolon and inserting  ; or ;
(B)
in subparagraph (C) by striking  ; or  and inserting a period; and
(C)
by striking subparagraph (D).
(c)
Transfer of expedited project delivery for capital investment grants program
Section 3005(b) of the FAST Act, as amended by subsection (b), is transferred to appear as subsection (u) of section 5309 of title 49, United States Code.
(d)
Ensuring flexibility in CIG project pipelines
The Secretary shall, to the greatest extent practicable and in accordance with applicable statutory requirements—
(1)
ensure that an applicant in the capital investment grant program has flexibility to move between project pipelines provided under subsections (d), (e), (h), and (u) of section 5309; and
(2)
minimize the administrative burden associated with utilizing such flexibility.
(e)
Applicability
The amendments made by subsections (a) through (c) shall only apply to a grant application under section 5309 of title 49, United States Code, that—
(1)
is submitted on or after the date of enactment of this Act;
(2)
is moved by the Secretary between project pipelines provided under subsections (d), (e), (h), and (u) of such section after the date of enactment of this Act; or
(3)
is for a project—
(A)
that prior to the date of enactment of this Act—
(i)
entered into the project development phase provided under subsections (d), (e), or (h) of such section; or
(ii)
has submitted a complete application under subsection (u) of such section to the Secretary; and
(B)
with a project sponsor that has elected to subject such application to the amendments made by subsections (a) through (c).
3008.
Formula grants for enhanced mobility of seniors and individuals with disabilities
(a)
Transfer of section 3006(b) of the Fixing America’s Surface Transportation Act
Section 3006(b) of the Fixing America’s Surface Transportation Act ( 49 U.S.C. 5310  note) is transferred to appear as section 5310(j) of title 49, United States Code.
(b)
Amendments
Section 5310(j) of title 49, United States Code, as transferred by subsection (a), is amended—
(1)
in the subsection heading by striking
Pilot  ;
(2)
by striking paragraph (1);
(3)
by redesignating paragraphs (2) through (6) as (1) through (5), respectively;
(4)
in paragraph (1), as so redesignated—
(A)
in the matter preceding subparagraph (A) by striking  eligible recipients  and inserting  recipients ;
(B)
in subparagraph (B) by striking  and  at the end;
(C)
by redesignating subparagraph (C) as subparagraph (D); and
(D)
by inserting after subparagraph (B) the following new subparagraph:
(C)
projects that improve access to a facility of the Department of Veterans Affairs or an organization or a facility that provides services to veterans using funds provided by the Department of Veterans Affairs; and
 ;
(5)
in paragraph (2), as so redesignated—
(A)
by striking  An eligible recipient  and inserting  A recipient ; and
(B)
by striking  eligible project  in each place it occurs and inserting  capital project ;
(6)
by striking paragraph (3), as so redesignated, and inserting:
(3)
Briefing
Annually during the period between October 1 and December 31, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on projects carried out during the most recently completed fiscal year using grant funds issued under this subsection, including—
(A)
an evaluation of the program under this subsection, including an evaluation of the specific performance measures identified by each recipient pursuant to paragraph (2)(D); and
(B)
if applicable, a detailed description of each project, including any activities therein, carried out during such fiscal year using grant funds issued under this subsection.
 ;
(7)
in paragraph (4), as so redesignated, by striking  an eligible project  in each place it occurs and inserting  a capital project ; and
(8)
in paragraph (5), as so redesignated, by striking  chapter 53 of title 49, United States Code  and inserting  this chapter .
(c)
Additional amendments
Section 5310 of title 49, United States Code, is further amended—
(1)
in subsection (b)(1)(A) by striking  special ; and
(2)
in subsection (d)(3)(B)(ii) by striking  highways program  and all that follows through the period and inserting  transportation program under section 203 of title 23. .
3009.
Formula grants for rural areas
Section 5311 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and
(B)
by inserting before paragraph (2), as so redesignated, the following:
(1)
Insular area
The term  insular area  means the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
 ;
(2)
in subsection (b)(3)(B) by striking  5338(a)(2)(F)  and inserting  5338(a)(2)(D) ;
(3)
in subsection (c)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking  section 5338(a)(2)(F)  and inserting  section 5338(a)(2)(D)  ;
(ii)
in subparagraph (A) by striking  and  at the end;
(iii)
in subparagraph (B) by striking the period at the end and inserting a semicolon; and
(iv)
by adding at the end the following:
(C)
1 percent shall be available to carry out paragraph (4); and
(D)
$25,000,000 shall be set aside each fiscal year to carry out the rural and insular ferry competitive program under section 5339(d) as such grants relate to an area described under section 5339(d)(2)(B).
 ;
(B)
in paragraph (3)(C) by striking  5338(a)(2)(F)  and inserting  5338(a)(2)(D) ;
(C)
in paragraph (4)(A) by striking  section 5338(a)(2)(F) that are not apportioned under paragraph (1) or (2)  and inserting  section 5338(a)(2)(D) that are not apportioned in accordance with paragraph (1) ;
(D)
by redesignating paragraph (4) as paragraph (5); and
(E)
by inserting after paragraph (3) the following:
(4)
Insular area public transportation assistance program
For each fiscal year, the amounts made available under paragraph (1)(C) shall be equally apportioned for grants to insular areas for any purpose eligible under this section under such terms and conditions as may be established by the Secretary.
 ;
(4)
in subsection (f)(1)(B) by striking  facilities;  and inserting
facilities, which provided the project supports intercity bus service to or from rural areas, includes all portions of such facilities regardless of—
(i)
the geographic area in which such facilities are located; or
(ii)
whether or not such facilities are used exclusively for intercity bus service to and from rural areas;
 ;
(5)
in subsection (g)—
(A)
in paragraph (3)—
(i)
by striking subparagraph (E) and inserting the following:
(E)
notwithstanding subparagraph (D), may be derived from amounts made available to carry out the Federal lands transportation program established by section 203 of title 23; and
 ; and
(ii)
in subparagraph (F) by striking  to which  and inserting  (regardless of whether such a service operates in 1 or more States) to which ; and
(B)
in paragraph (4)—
(i)
by striking  For purposes of  and inserting
(A)  Advertising and concession revenues .—For purposes of ; and
(ii)
by adding at the end the following new subparagraph:
(B)
In-kind match
With respect to an amount used as an in-kind match pursuant to paragraph (3)(F), such amount may not be used by any other recipient of a Federal award, including another Federal award under this section, to satisfy an in-kind or cost-share requirement for such Federal award.
 ; and
(6)
in subsection (j)—
(A)
in paragraph (1)—
(i)
by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and
(ii)
by inserting after subparagraph (A) the following:
(B)
Minimum apportionment
Notwithstanding clause (i) of subparagraph (A), an Indian tribe that receives an apportionment under such clause may not receive less than 0.05 percent of the amount apportioned under such clause.
 ; and
(B)
by adding at the end the following new paragraph:
(3)
Eligibility
Notwithstanding any other provision of law, funds apportioned pursuant to this subsection may be used by an Indian tribe in the same manner as a recipient of Federal assistance under section 5308.
 .
3010.
Technical assistance and workforce development
Section 5314 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
in subsection (B)(ii)—
(I)
by striking  the development of  inserting  advance the development of ; and
(II)
by striking the period at the end and inserting  ; and ; and
(ii)
by striking  (1)
 Technical assistance   and all that follows through  technical assistance; and  and inserting the following:
(1)
In general
The Secretary may—
(A)
make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to—
(i)
provide technical assistance to recipients of assistance under this chapter for purposes of enabling recipients to—
(I)
more effectively and efficiently provide public transportation service;
(II)
administer assistance under this chapter in compliance with Federal law; and
(III)
improve public transportation; and
 ;
(B)
in paragraph (2)—
(i)
by striking the heading and all that follows through  competitive bid process, may  and inserting  through a competitive bid process, ; and
(ii)
by striking  public-transportation-related technical assistance under this subsection  and inserting  technical assistance under subparagraph (A)(i) ;
(C)
by redesignating paragraph (2) as subparagraph (B) of paragraph (1) (and redesignating subparagraphs (A) through (I) of such paragraph as clauses (i) through (ix), respectively);
(D)
in paragraph (3)(D) by striking  subsections (b) and (c)  and inserting  this subsection ; and
(E)
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;
(2)
by amending subsection (b) to read as follows:
(b)
Transit workforce development center
(1)
Establishment
The Secretary shall establish a national transit workforce development center and award grants to a national nonprofit organization for purposes of supporting the workforce development needs of urban, suburban, Tribal, and rural public transportation authorities across the United States.
(2)
Duties
In cooperation with the Secretary, public transportation authorities, and labor organizations representing public transportation workers, the center established under paragraph (1) shall perform the following duties:
(A)
Improve access to on-the-job education and related skills training for frontline transit workers by serving as a centralized resource that provides comprehensive and relevant information on—
(i)
transit-related education, pathway programs, and professional development opportunities; or
(ii)
transit-related apprenticeship, scholarship, internship, and mentorship programs.
(B)
Develop and maintain a comprehensive workforce strategy to help coordinate workforce development initiatives for the frontline transit workforce, including by—
(i)
serving as a repository for research conducted by institutions of higher education, research institutions, or other stakeholders regarding the transit workforce and related technical and skill development;
(ii)
providing a forum to support collaboration and cooperation between governmental, nongovernmental, and private public transportation sector stakeholders regarding the advancement of the frontline transit workforce;
(iii)
providing instructors with the necessary instructional, leadership, and communication skills to better educate frontline transit workers;
(iv)
supporting personnel or veterans of the Armed Forces seeking to transition to a career in public transportation; and
(v)
promoting the recruitment, retention, job readiness and preparation of a skilled frontline workforce capable of working with new and emerging technologies that serve transit communities.
(C)
Conduct and implement technical assistance activities that promote more effective and efficient training of frontline workers involved in public transportation maintenance and operations.
(D)
Build awareness of youth-oriented programs and other robust outreach programs, including for primary, secondary, and post-secondary school students to enable such students to learn about public transportation occupations.
(3)
Duty to maintain tax-exempt status
The center established in paragraph (1) shall be operated in a manner and for purposes that qualify the center for exemption from taxation under the Internal Revenue Code as an organization described in section 501(c)(3) of such Code.
(4)
Political activities
The center established in paragraph (1)—
(A)
shall be nonpolitical and may not provide financial aid or assistance to, or otherwise contribute to or promote the candidacy of, any individual seeking elective public office or political party; and
(B)
may not engage in activities that are, directly, or indirectly, intended to be or likely to be perceived as advocating or influencing the legislative process.
 ;
(3)
in subsection (c)—
(A)
in paragraph (1) by striking  , as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), in order ; and
(B)
in paragraph (4)(A) by inserting  5308, 5311,  after  sections 5307,  ; and
(4)
by adding at the end the following:
(d)
Allocation of funds
Of the funds made available for each fiscal year under section 5338(a)(2)(F) to carry out this section—
(1)
28.57 percent shall be made available to carry out subsection (a); and
(2)
71.43 percent shall be split equally and be made available to carry out each of subsections (b) and (c).
(e)
Definitions
In this section:
(1)
Armed forces
The term  armed forces  has the meaning given such term in section 101 of title 10.
(2)
High school; secondary school
The terms  high school  and  secondary school  have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).
(3)
Institution of higher education
The term  institution of higher education  has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
(4)
Postsecondary vocational institution
The term  postsecondary vocational institution  has the meaning given such term in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) ).
 .
3011.
Bus testing facility
(a)
In general
Section 5318 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking the period at the end and inserting  ; and ;
(B)
by striking  facility for  and inserting  facility for—
(C)
by striking  testing  and inserting  (1) testing ; and
(D)
by adding at the end the following new paragraph:
(2)
in the case that a bus model is equipped with an automated driving system (as defined in section 31132), testing for the competencies described under section 31140(b)(1)(B)(x).
 ;
(2)
in subsection (d)—
(A)
by striking  80 percent  and inserting  60 percent ; and
(B)
by striking  20 percent  and inserting  40 percent ;
(3)
in subsection (e)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A), by inserting  described in this section  after  model ; and
(ii)
in subparagraph (A), by striking  authorized under subsection (a)  and inserting  maintained under subsection (a) or authorized for testing pursuant to subsection (g) ; and
(B)
by amending paragraph (2) to read as follows:
(2)
Bus test  pass/fail  standard
(A)
In general
The Secretary shall—
(i)
maintain the performance standards under paragraph (1)(B)(i) that includes—
(I)
a bus model scoring system that results in a weighted, aggregate score that uses the testing categories under subsection (a); and
(II)
consideration of the relative importance of each such testing category; and
(ii)
establish a  pass/fail  standard that uses the aggregate score described in clause (i)(I).
(B)
Limitation on use of funds
(i)
New bus models
Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if such model has received a passing score under the standard established under subparagraph (A)(ii).
(ii)
Rule of interpretation
Such a passing score shall not be interpreted by any person or entity as a warranty or guarantee that a new bus model meet any specific requirement of a purchaser.
(C)
Scoring system
The Secretary shall collaborate with the bus testing facility maintained under subsection (a), bus manufacturers, and transit agencies to develop and update, as appropriate, the bus model scoring system described in subparagraph (A)(i)(I).
 ; and
(4)
by adding at the end the following:
(g)
Advanced bus technologies and testing
(1)
In general
The Secretary may, through the facility maintained under subsection (a), subcontract the testing of new bus models equipped with advanced bus technologies, including new bus models equipped with automated driving systems, for each of the testing categories and competencies listed under subsection (a) to a person or entity experienced in testing such new bus models, provided such person or entity is not a manufacturer of a new bus model equipped with such advanced bus technologies.
(2)
Location of testing
The testing described in paragraph (1) may be conducted at a facility other than the facility maintained under subsection (a) if the Secretary has determined that the facility maintained under subsection (a)—
(A)
is not equipped to test such new bus models;
(B)
does not have the knowledge or expertise to properly and efficiently test such new bus models; or
(C)
would, due to the additional testing of such new bus models, experience unreasonable delays in the testing of bus models that are not equipped with advanced bus technologies.
(3)
Savings clause
In carrying out this subsection, the Secretary shall ensure that the testing of bus models without advanced bus technologies under this section is not adversely affected.
 .
(b)
Rulemaking
Not later than 36 months after the date of enactment of this Act, the Secretary shall update part 665 of title 49, Code of Federal Regulations, as necessary, to implement the amendments made by this section.
3012.
Crime prevention and security
Section 5321 of title 49, United States Code, is amended to read as follows:
5321.
Crime prevention and security
(a)
Eligible expense
For purposes of expending financial assistance described under section 5307(c)(1)(J), the following activities and projects shall be considered by the Secretary to be an eligible expense:
(1)
A project to increase lighting in or adjacent to a public transportation system, including the intercity bus portion of a federally funded public transportation facility and joint-use facility (including bus stops, subway stations, parking lots, and garages).
(2)
A project to increase camera surveillance of an area in or adjacent to such system.
(3)
A project that provides an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to such system.
(4)
A project to improve farebox infrastructure across such system.
(5)
A project to improve the cybersecurity of such system.
(6)
A project to improve technology, including any hardware or software investments designed to combat or report crime or improve security.
(7)
A project intended to increase the security and safety of an existing or planned public transportation system.
(8)
A project, including a project for operating costs notwithstanding section 5307(a)(1)(D), related to—
(A)
fare enforcement and the prevention of fare evasion;
(B)
hiring transit officers to police on public transportation and transit stations, including in the immediate vicinity of such stations;
(C)
contracting with local police departments to increase officer presence on public transportation systems and related facilities, including in the immediate vicinity of stations;
(D)
hiring transit support specialists; or
(E)
other activities to reduce criminal activities on public transportation systems, including intercity bus portions of federally funded public transportation facilities and joint-use facilities.
(b)
Special rule
Not more than the lesser of the following amounts may be expended by a recipient under section 5307(c)(1)(J) for eligible expenses described in subsection (a)(8):
(1)
An amount equal to the amount expended for eligible expenses described in paragraphs (1) through (7) of subsection (a).
(2)
1.5 percent of the amount the recipient receives for each fiscal year under section 5336.
(c)
Transit support specialist defined
In this section, the term  transit support specialist  means an individual who may be a non-sworn officer and is adequately trained to carry out a variety of duties designed to improve the security of public transportation systems through the known presence of such individual within a public transportation system, including physical presence aboard vehicles, and through engagement with the public.
(d)
Rule of construction
Nothing in this chapter shall be construed by the Secretary to prevent the financing of a project described in subsection (a) in any case in which a local governmental authority other than the recipient has law enforcement responsibilities.
(e)
Mandatory fare evasion penalties
(1)
In general
Beginning with fiscal year 2028, the Secretary shall withhold 10 percent of the assistance available to a direct recipient, as allocated in a split letter or other similar determination of the annual apportionment of funds by a designated recipient under section 5307 for an urbanized area, in each fiscal year in which a State or local government is not in compliance with paragraph (2).
(2)
State or local government compliance
A State or local government is not in compliance with this paragraph if the act of evading a fare payment for public transportation services on any mode of public transportation in the urbanized area for which a direct recipient receives assistance described under paragraph (1) is not either a criminal or civil offense under the laws of such State or local government.
(3)
Public transportation services in multiple jurisdictions
In any case in which a direct recipient provides public transportation services to more than 1 State or jurisdiction of a local government, the Secretary shall ensure that the withholding of funds under paragraph (1) does not adversely affect any State or local government jurisdiction that is in compliance with the requirements of paragraph (2).
(4)
Rule of construction
The Secretary may not withhold funds under paragraph (1) to any recipient for which all of its service area is covered by a State or local policy, or a collection of State or local policies, that is in compliance with paragraph (2).
(5)
Withholding of funds
(A)
In general
If the Secretary determines a State or local government comes into compliance with paragraph (2) in a fiscal year in which funds are withheld to a direct recipient under paragraph (1), the Secretary shall make the amount withheld available for apportionment to the direct recipient.
(B)
Lapse
Any amounts withheld to a direct recipient under paragraph (1) and not restored under subparagraph (A) in a fiscal year shall lapse.
 .
3013.
General provisions
(a)
In general
Section 5323 of title 49, United States Code, is amended—
(1)
in subsection (d)(2)—
(A)
in subparagraph (A)—
(i)
in the subparagraph heading by inserting
; notice of determination   after
Investigations  ;
(ii)
by striking  On receiving a complaint about a violation of the agreement required under  and inserting  Not later than 120 days after the receipt of any complaint of a violation of an agreement described in ;
(iii)
by striking  shall investigate and decide whether a violation has occurred.  and inserting
shall—
(i)
investigate such complaint; and
(ii)
provide, in writing, to the individual that filed the complaint and the recipient of financial assistance alleged to have violated such an agreement or a regulation prescribed in accordance with this section, the determination of the Secretary with respect to—
(I)
whether the recipient of such assistance violated this section or a regulation prescribed in accordance with this section;
(II)
the facts underlying the complaint; and
(III)
any action the Secretary is taking in response to the complaint.
 ;
(B)
in subparagraph (C) by striking  remedy specified in the agreement  and inserting  action the Secretary takes to remedy a violation of an agreement described in paragraph (1) ;
(C)
by striking subparagraph (B); and
(D)
by redesignating subparagraph (C) as subparagraph (B);
(2)
in subsection (e)(1) by inserting  5308,  after  5307, ;
(3)
in subsection (f)—
(A)
in the heading by striking
Schoolbus   and inserting
School bus  ; and
(B)
by striking  schoolbus  each place it appears and inserting  school bus ;
(4)
in subsection (i)(1)(A)—
(A)
by striking  acquiring vehicles  and inserting  acquiring vehicles or vessels ;
(B)
by striking  et seq.) or  and inserting  et seq.), with ; and
(C)
by striking  is for 85 percent  and all that follows through the period and inserting  , or as an eligible project (as defined in section 5339(e)(2)) under section 5339 of this chapter is for 90 percent of the net project cost. ;
(5)
in subsection (j)(3)—
(A)
in subparagraph (A) by inserting  and not later than 180 days after the date on which an applicant submits a request to the Secretary to waive the requirements of paragraph (1)  after  paragraph (2) ;
(B)
in subparagraph (B)—
(i)
by striking  Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, and annually thereafter, the  and inserting the following:
(i)
In general
Except as otherwise provided in clause (ii), the
 ;
(ii)
by inserting  , on an annual basis,  after  shall ;
(iii)
by striking  a report listing any waiver  and inserting
a report listing—
(I)
any waiver
  ;
(iv)
by striking the period at the end and inserting  ; and ; and
(v)
by adding at the end the following:
(II)
any extensions of an application to waive the requirements described in paragraph (1) and the rationale as to why a determination requires additional time consider prior to issuing a written determination.
(ii)
Exception
In the event the Secretary issues fewer than 3 or no waivers provided for under paragraph (2) during the preceding year, the Secretary may brief the Committees described in clause (i) in lieu of submitting a report under such clause.
 ;
(C)
by redesignating subparagraph (B) as subparagraph (C); and
(D)
by inserting after subparagraph (A) the following:
(B)
Extension
If, upon review of the facts and status of an application to waive the requirements described in paragraph (1), the Secretary determines that the time provided to make a written determination is insufficient, the Secretary may approve an extension of such determination deadline by not more than 6 months.
 ;
(6)
in subsection (r)—
(A)
by striking  A recipient  and inserting  (1)
In general.— A recipient ; and
(B)
by striking  In determining  and all that follows through the period at the end and inserting the following:
(2)
Requirements
In determining reasonable access under paragraph (1), a recipient of assistance shall—
(A)
consider capacity requirements of the recipient of assistance and the extent to which access would be detrimental to existing public transportation services; and
(B)
not later than 90 days after receiving a request for access to such facility from a private intercity or charter transportation operator—
(i)
provide a written response to the requestor; and
(ii)
simultaneously provide a copy of such response to the Secretary.
(3)
Savings clause
Nothing in this subsection shall be construed to—
(A)
limit the authority of the Secretary to act as otherwise authorized by law to ensure proper use of, and authorize access to, federally funded public transportation facilities; or
(B)
require a recipient of federal assistance under this chapter to fund special facilities for private intercity or charter operators.
 ;
(7)
in subsection (u)—
(A)
by striking paragraphs (1) and (2) and inserting the following:
(1)
Definitions
In this subsection:
(A)
Covered entity
The term  covered entity  means an entity (including a corporation, partnership, association, organization, or other entity)—
(i)
the principal place of business of which is in a covered nation;
(ii)
that is headquartered in, incorporated in, or otherwise organized under the laws of a covered nation;
(iii)
that, regardless of where the entity is organized or doing business, is owned or controlled by a covered nation or covered individual, including circumstances in which a covered individual possesses the power to determine, direct, or decide matters affecting the entity—
(I)
through—
(aa)
the ownership of a majority of the total outstanding voting interest in the entity;
(bb)
board representation;
(cc)
proxy voting;
(dd)
a special share;
(ee)
contractual arrangements;
(ff)
formal or informal arrangements to act in concert; or
(gg)
other means; and
(II)
regardless of whether the power is—
(aa)
direct; or
(bb)
exercised or unexercised;
(iv)
is owned or controlled by a subsidiary or affiliate of an entity described in clause (i), (ii), or (iii), or that is the majority owner of a joint venture with an entity described in clause (i), (ii), or (iii);
(v)
is a manufacturer from which the procurement of rolling stock was ever prohibited under this subsection; or
(vi)
is an owner of, successor of, subsidiary of, or affiliate of a manufacturer described in clause (v), or is the majority owner of a joint venture with such a manufacturer.
(B)
Covered funding
The term  covered funding  means any financial assistance administered in accordance with the requirements of this chapter.
(C)
Covered individual
The term  covered individual  means any individual, wherever located—
(i)
whose activities are directly or supervised, directed, controlled, financed, or subsidized, in whole or in majority part, by a covered nation or covered entity;
(ii)
who acts as an agent, representative, or employee of a covered nation or an individual described in clause (i);
(iii)
who acts in any other capacity at the order of, at the request of, or under the direction or control of a covered nation or an individual described in clause (i); or
(iv)
who—
(I)
is a citizen or resident of a covered nation or a country controlled by a covered nation; and
(II)
is not a citizen or permanent resident of the United States.
(D)
Covered nation
The term  covered nation  has the meaning given the term in section 4872(d) of title 10.
(E)
Covered vehicle
The term  covered vehicle  means rolling stock that—
(i)
is produced or provided by a covered entity included on the list developed under paragraph (2)(B); or
(ii)
incorporates an electric power train manufactured or provided by a covered entity included on the list developed under paragraph (2)(B).
(F)
Electric power train
The term  electric power train  has the meaning given the term in section 571.305 of title 49, Code of Federal Regulations (as in effect on the date of enactment of the  BUILD America 250 Act ).
(2)
Prohibition
(A)
In general
Subject to subparagraph (C), on and after the date of enactment of the  BUILD America 250 Act , the Secretary may not award or obligate covered funding—
(i)
for a contract or subcontract for the procurement of a covered vehicle; or
(ii)
for the construction, installation, or maintenance of infrastructure to fuel or charge a covered vehicle that is a bus, if the applicable covered vehicle is procured under a contract or subcontract executed on or after the date of enactment of the  BUILD America 250 Act .
(B)
List of covered entities
(i)
In general
Not later than 30 days after the date of enactment of the  BUILD America 250 Act , the United States Trade Representative, in consultation with the Attorney General and the Secretary, shall make publicly available, including on a publicly accessible website, a list of covered entities that produce or provide—
(I)
rolling stock to which the prohibition under subparagraph (A) applies; or
(II)
electric power trains the incorporation of which into rolling stock would render the rolling stock subject to the prohibition under subparagraph (A).
(ii)
Updates
The United States Trade Representative shall update the list required under clause (i)—
(I)
based on information provided to the United States Trade Representative by the Attorney General and the Secretary; and
(II)
not less frequently than—
(aa)
once every 90 days during the 180-day period beginning on the date of initial publication of the list under such clause; and
(bb)
annually thereafter.
(C)
Exception
Notwithstanding subparagraph (A), the Secretary may procure a covered vehicle or construct, install, or maintain infrastructure to fuel or charge a covered vehicle for purposes of—
(i)
the inspection or investigation of a motor vehicle or equipment; or
(ii)
motor vehicle safety research, development, or testing.
 ;
(B)
in paragraph (4) by striking  paragraph (1)  each place it appears and inserting  paragraph (2) ;
(C)
in paragraph (5)—
(i)
in subparagraph (A)—
(I)
by striking  This subsection, including the  and inserting  The ;
(II)
by striking  (4),  and inserting  (4) ;
(III)
by inserting  that does not utilize covered funds  after  subcontract ;
(IV)
by striking  rail rolling stock manufacturer described in paragraph (1)  and inserting  covered entity ;
(V)
by striking  the manufacturer  and inserting  the covered entity ; and
(VI)
by striking  date of enactment of this subsection  and inserting  date of enactment of the  BUILD America 250 Act  ;
(ii)
by striking subparagraph (B) and inserting the following:
(B)
Contract completion
Notwithstanding paragraph (2), covered funds may be obligated for a contract or subcontract that was eligible for assistance under this chapter under the provisions of this subsection prior to the date of enactment of the  BUILD America 250 Act  until the delivery of rolling stock is complete under such contract and throughout the completion of all contract warranties under such contract.
 ; and
(iii)
by striking subparagraph (C); and
(D)
by adding at the end the following:
(6)
Severability
If any provision of this subsection, or the application of this subsection to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this subsection, and the application of the provision to any other person or circumstance, shall not be affected.
 ; and
(8)
by adding at the end the following:
(w)
Bus procurement assessment and maximum Federal payment
(1)
In general
The Secretary shall—
(A)
immediately upon enactment of this subsection and at least once every 5 years thereafter, carry out a review of—
(i)
all applicable Federal laws and policies relating to the procurement of bus rolling stock by a recipient of Federal assistance under this chapter, including policies, processes, and procedures relating to such procurement set forth by the Federal Transit Administration; and
(ii)
relevant awards to recipients of such assistance that resulted in completed procurement of bus rolling stock for use in public transportation within the most recent 5 years, including a comparative analysis of vehicle components, designs, use of performance specifications in contracting, use of State and local purchasing schedules, and total costs associated with the procurement of such vehicles;
(B)
update, as necessary, policies, processes, procedures, administrative guidance, and best practices of the Secretary to ensure the timely, cost-effective, and efficient procurement of bus rolling stock by a recipient of such assistance; and
(C)
beginning in fiscal year 2029, and on an annual basis thereafter, publish a schedule listing the maximum amounts of Federal funds that may be used by a recipient, on a per unit basis and notwithstanding the applicable Federal cost share, to procure different combinations of propulsion types and lengths of bus rolling stock, as such amounts are determined under paragraph (2).
(2)
Maximum Federal payment amount
(A)
In general
Each maximum federal payment amount published by the Secretary in accordance with paragraph (1)(C) and allowed to be used in the procurement of bus rolling stock by a recipient of Federal assistance shall—
(i)
account for all applicable Federal procurement laws and administrative policies;
(ii)
not be construed to constrain the price of such bus rolling stock that a recipient of federal assistance may procure using non-Federal funds; and
(iii)
ensure the procurement of safe and reliable bus rolling stock for use in public transportation.
(B)
Maximum Federal payment formula
For each unique combination of vehicle length and propulsion type for which bus rolling stock is commercially available, the maximum federal payment shall equal an amount according to the following formulas:
(i)
Fiscal year 2029
For fiscal year 2029, the maximum Federal payment amount shall equal the average of all of the products of 80 percent multiplied by the price of each procurement for a bus rolling stock combination of similar propulsion type and vehicle length procured within the most recent 5 years.
(ii)
Fiscal year 2030
For fiscal year 2030, the maximum Federal payment amount shall equal the average of all of the products of 75 percent multiplied by the price of each procurement for a bus rolling stock combination of similar propulsion type and vehicle length procured within the most recent 5 years.
(iii)
Fiscal Year 2031
For fiscal year 2031 and in each fiscal year thereafter, the maximum Federal payment amount shall equal the average of all of the products of 70 percent multiplied by the price of each procurement for a bus rolling stock combination of similar propulsion type and vehicle length procured within the most recent 5 years.
(3)
Special rules for maximum Federal payment schedule
(A)
Publish date
The schedule described in paragraph (1)(C) shall be published not later than October 1 of each year in which the maximum Federal payment amount is in effect pursuant to the formulas in paragraph (2)(B).
(B)
Requirement
The schedule described in paragraph (1)(C) shall include a maximum Federal payment amount for each unique combination of propulsion type and vehicle length for which bus rolling stock is commercially available.
(C)
Failure to publish
In the event the Secretary fails to publish the schedule described in paragraph (1)(C) by the date provided under subparagraph (A), the most recently published schedule shall remain in effect, adjusted for inflation based on the Producer Price Index prepared by the Department of Labor.
(D)
Failure to publish all commercially available combinations
A schedule that omits a maximum Federal payment amount for any combination of propulsion type and vehicle length of bus rolling stock that is commercially available shall be considered incomplete and subject to paragraph (C).
(4)
Savings Clause
Nothing in this subsection shall limit the authority of the Secretary to apply the applicable Federal cost share for an award made under this chapter as such cost share applies to an award for purposes of procuring or purchasing bus rolling stock.
(5)
Report to Congress
The Secretary shall issue a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of each review required under paragraph (1)(A).
(6)
State purchasing schedule
(A)
In general
Notwithstanding paragraph (1)(C), the Secretary shall exempt a recipient of financial assistance under this chapter from being subject to the maximum Federal payment amount relating to the procurement of a unit of bus rolling stock if—
(i)
the recipient of such assistance—
(I)
procures a unit or more of bus rolling stock using a State Cooperative Procurement Schedule pursuant to section 3019 of the FAST Act ( Public Law 114–94 ); and
(II)
such cooperative procurement schedule ensures the procurement complies with applicable Federal procurement laws and administrative policies, including subsections (j) and (u) of this section; and
(ii)
the cooperative procurement schedule described in clause (i)—
(I)
allows a recipient to select from a State-developed schedule of standardized vehicle models;
(II)
reduces or eliminates vehicle customization options for the recipient, except for vehicle modifications based on performance specifications (as defined under section 5325(f)(3)); and
(III)
in the estimation of the recipient, reduces the per unit cost of bus rolling stock for the combination of propulsion type and vehicle length being procured below what such recipient would otherwise expect to pay through a standalone procurement.
(B)
Technical assistance
The Secretary shall provide technical assistance to a State that seeks to develop a State Cooperative Procurement Schedule pursuant to section 3019 of the FAST Act ( Public Law 114–94 ).
(C)
Joint procurement clearinghouse
The Secretary shall maintain an updated list of State Cooperative Procurement Schedules that comply with the requirements under subparagraph (A) on the joint procurement clearinghouse established pursuant to section 3019(b)(4) of the FAST Act ( Public Law 114–94 ).
(x)
Advanced payments for bus rolling stock
(1)
In general
Notwithstanding any provision of this chapter or part 200 of title 2, Code of Federal Regulations, or any successor regulation, a recipient may use assistance made available under this chapter to make an advance payment on a bus rolling stock vehicle without the transit vehicle manufacturer obtaining a performance bond or similar financial arrangement.
(2)
Requirements for advanced payment
A recipient may make an advance payment under paragraph (1) only if—
(A)
such recipient has a signed purchase order and executed contract with a transit vehicle manufacturer that includes advance payment provisions;
(B)
the grant with respect to which such payment is being made has received preaward authority pursuant to subsection (m); and
(C)
in the case of an advance payment for bus rolling stock, such model meets the requirements of section 5318(e).
(3)
Limitation on advanced payment
A recipient may not make an advanced payment under paragraph (1) that is more than 20 percent of the total purchase order value.
 .
(b)
Reasonable access standard
(1)
In general
Not later than 18 months after the date of enactment of this Act, the Secretary shall establish and make publicly available a reasonable access standard to ensure recipients of assistance under  chapter 53  of title 49, United States Code, comply with the requirements of section 5323 of such chapter.
(2)
Consultation
In carrying out this subsection, the Secretary shall consult with, and solicit feedback from, industry stakeholders and recipients of such assistance, including representatives from—
(A)
public transportation agencies;
(B)
private intercity bus operators;
(C)
charter operators;
(D)
federally funded public transportation facilities; and
(E)
other stakeholders the Secretary considers appropriate.
(3)
Briefing
Not later than 90 days after publishing the standard required by this subsection, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the contents of such standard.
3014.
Public transportation emergency relief program
Section 5324 of title 49, United States Code, is amended—
(1)
in subsection (c)(1) by striking  to carry  and inserting  or otherwise made available to carry ; and
(2)
by adding at the end the following:
(g)
Period of availability
(1)
In general
Any amounts made available to an applicant after the date of enactment of the  BUILD America 250 Act  to carry out a project under this section—
(A)
shall remain available for not more than 5 fiscal years after the fiscal year for which the amount is made available; and
(B)
that remain unobligated at the end of the period described in subparagraph (A) shall be recouped by the Secretary to remain available for future applicants.
(2)
Extension
The Secretary may extend the period of availability under paragraph (1)(A) if an insurance claim made by an applicant related to a project that has received funding under this section has not been settled within the period provided under paragraph (1)(A).
 .
3015.
Contract requirements
Section 5325(f) of title 49, United States Code, is amended—
(1)
by redesignating subparagraphs (A) and (B) of paragraph (1) as clauses (i) and (ii), respectively;
(2)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(3)
by striking  A recipient  and inserting  (1)
In general .—A recipient ; and
(4)
by adding at the end the following:
(2)
Performance specifications in competitive procurement for bus rolling stock
A recipient of financial assistance under this chapter that enters into a contract pursuant to paragraph (1)(B) for purposes of procuring bus rolling stock shall, to the maximum extent practicable, utilize performance specifications in the procurement process to acquire bus rolling stock.
(3)
Performance specifications defined
In this subsection, the term  performance specifications —
(A)
means specifications—
(i)
based on the function and performance of bus rolling stock under specified conditions, and such specifications may include useful life, reliability in terms of average intervals between failure, and capacity; and
(ii)
that comply with the procurement process referenced in paragraph (1)(B); and
(B)
may include additional criteria as the criteria described in subparagraph (A), as determined by a recipient of Federal assistance in a competitive procurement process.
 .
3016.
Transit asset management
(a)
In general
Section 5326 of title 49, United States Code, is amended to read as follows:
5326.
Transit asset management
(a)
In general
The Secretary shall maintain—
(1)
a national transit asset management system for purposes of monitoring and managing public transportation capital assets to enhance safety, reduce maintenance costs, increase reliability, and improve performance of public transportation systems; and
(2)
objective standards for measuring the condition of capital assets of recipients, including equipment, rolling stock, infrastructure, and facilities, for purposes of determining state of good repair.
(b)
Requirements
In carrying out subsection (a), the Secretary shall require a transit provider to—
(1)
develop a transit asset management plan;
(2)
not less frequently than once per fiscal year in which the transit provider receives Federal assistance—
(A)
establish performance targets with respect to the state of good repair standards prescribed by the Secretary under part 625 of title 49, Code of Federal Regulations (or any successor regulation);
(B)
submit to the Secretary a data report that details—
(i)
condition information for all assets of the public transportation system of such provider; and
(ii)
the performance targets established pursuant to subparagraph (A) for the subsequent fiscal year; and
(C)
submit to the Secretary a narrative report that—
(i)
describes any change in the condition of the public transportation system from the year immediately preceding the year for which the report is submitted; and
(ii)
describes the progress made during the period covered by the report toward meeting each performance target established by the transit provider pursuant to subparagraph (B) with respect to such period; and
(3)
report any additional information the Secretary determines appropriate to demonstrate compliance with the state of good repair standards prescribed by the Secretary under part 625 of title 49, Code of Federal Regulations (or any successor regulation).
(c)
Transit asset management for certain transit providers
For purposes of complying with the requirements under subsection (b), a tier II provider may, at the discretion of the Secretary, coordinate with a sponsor.
(d)
Support tools and technical assistance
In carrying out this section, the Secretary shall—
(1)
develop an analytical process or decision support tool for use by a transit provider subject to the requirements of subsection (b) that—
(A)
aids in estimating the amount of capital investment needed for a public transportation system over time;
(B)
assists with asset investment prioritization within a public transportation system; and
(C)
enables continuous monitoring of capital assets and the real-time performance of such assets;
(2)
provide technical assistance to such providers; and
(3)
maintain, and periodically update, a transit asset management system guide to foster consistency in transit system asset management practices by such providers.
(e)
 Definitions
In this section:
(1)
Sponsor
The term  sponsor  means a State, a designated recipient, or a direct recipient that develops a group transportation asset management plan on behalf of at least 1 tier II provider.
(2)
Tier II provider
The term  tier II provider  has the meaning prescribed by part 625.5 of title 49, Code of Federal Regulations, or any successor regulation.
(3)
Transit asset management system
The term  transit asset management system  means a strategic and systematic process of operating, maintaining, and improving public transportation capital assets effectively throughout the life cycle of such assets.
(4)
Transit provider
The term  transit provider  means a recipient or subrecipient of Federal financial assistance under this chapter that owns, operates, or manages capital assets used in providing public transportation.
 .
(b)
Savings clause
The amendments made by this section to section 5326 of title 49, United States Code, shall not be construed by the Secretary to—
(1)
require any updates to the regulations promulgated in part 625 of title 49, Code of Federal Regulations, (or any successor regulation) for purposes of administering such section, as amended; and
(2)
impose any requirements on a tier II provider (as such term is prescribed by part 625.5 of title 49, Code of Federal Regulations, or any successor regulation) that is in addition to the requirements imposed on such a provider under such part, as of the date of enactment of this Act.
3017.
Project management oversight
Section 5327 of title 49, United States Code, is amended—
(1)
in subsection (a)(12) by striking  quarterly  and inserting  annually ; and
(2)
in subsection (d)—
(A)
in paragraph (1) by striking  section 5338(f)  and all that follows through the semicolon and inserting
section 5338(c) that excludes—
(A)
a project to maintain or rehabilitate a vehicle; or
(B)
a project with an estimated total cost of less than $1,000,000,000 except if the Secretary determines project management oversight will benefit the Federal Government or the recipient;
 ; and
(B)
by striking  quarterly  in each place it appears and inserting  annual .
3018.
Public transportation safety program
(a)
In general
Section 5329 of title 49, United States Code, is amended—
(1)
by striking subsection (a) and inserting the following:
(a)
Definition of recipient
In this section, the term  recipient  means a State or local governmental authority, or any other operator of a public transportation system, that receives financial assistance under this chapter.
 ;
(2)
in subsection (b)—
(A)
in paragraph (1) by striking  create and implement  and inserting  maintain ;
(B)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A) by striking  include ;
(ii)
in subparagraph (A) by inserting  include  before  safety performance criteria ;
(iii)
by striking subparagraph (B) and inserting the following:
(B)
consider transit asset management plans, including the state of good repair of capital assets, as such plans relate to the safety performance of public transportation systems;
 ;
(iv)
in subparagraph (C) by inserting  include  before  minimum safety performance ;
(v)
in subparagraph (D) by inserting  provide information sources on  before  precautionary and reactive ;
(vi)
in subparagraph (E) by inserting  establish voluntary  before  minimum safety standards to ensure ;
(vii)
in subparagraph (F) by striking  a public  and inserting  provide information sources on the public ; and
(viii)
in subparagraph (G) by striking  consideration, where appropriate, of  and inserting  encourage, where appropriate, ; and
(C)
in paragraph (3) by striking  under paragraph (1) as necessary  and all that follows through the period at the end and inserting  described in paragraph (1) at least once every 5 years. ;
(3)
in subsection (c) by striking  establish  and all that follows through the period at the end and inserting
maintain a public transportation safety certification training program and curriculum for—
(1)
Federal and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems; and
(2)
employees of public transportation agencies directly responsible for safety oversight.
 ;
(4)
in subsection (d)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking  Each recipient or State, as described in paragraph (3), shall certify that the recipient or State  and inserting  Except as provided in paragraphs (2) and (3), each recipient shall certify that such recipient ;
(ii)
in subparagraph (B) by striking  cooperation  and inserting  consultation ; and
(iii)
in subparagraph (I)—
(I)
by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;
(II)
by striking  operations to improve safety by reducing  and inserting
operations to—
(i)
improve workplace safety for frontline employees by reducing
 ;
(III)
in subclause (II), as so redesignated, by striking the period and inserting a semicolon; and
(IV)
by adding at the end the following:
(ii)
improve passenger safety system-wide, including through a reduction in the number and rates of assaults and other violent crimes on transit passengers while onboard public transportation vehicles and in public transportation facilities, including intercity bus portions of such facilities and joint-use facilities where appropriate; and
(iii)
mitigate fare evasion system-wide, to the greatest extent practicable.
 ;
(B)
by striking paragraphs (2) and (3) and inserting the following:
(2)
PTASP drafting and certification for small public transportation providers
A State shall draft and certify an agency safety plan described in this subsection on behalf of any small public transportation provider (as defined in part 673.5 of title 49, Code of Federal Regulations) that is in that State unless such small public transportation provider notifies the State of intent to draft and certify an agency safety plan specific to such provider.
(3)
Certain exempt operators
This subsection shall not apply to an operator of a public transportation system that—
(A)
only receives Federal financial assistance under section 5310 or 5311; and
(B)
does not operate a rail fixed guideway public transportation system.
 ; and
(C)
in paragraph (4)—
(i)
by striking  rolling average of  and all that follows through the period at the end and inserting
rolling average of—
(i)
the data submitted by the recipient to the national transit database under section 5335; and
(ii)
any other data related to system operations and revenues, as such data pertains to the safety of the transit system, captured by the recipient.
 ;
(ii)
in subparagraph (B) by striking  0.75 percent  and inserting  1 percent ; and
(iii)
in subparagraph (D) by striking  including modifications to rolling stock and de-escalation training.  and inserting
including modifications to—
(i)
rolling stock;
(ii)
farebox infrastructure; and
(iii)
de-escalation training.
 ;
(5)
in subsection (e)(3) by striking  In order to obligate funds apportioned under section 5338 to carry out this chapter, effective 3 years after the date on which a final rule under this subsection becomes effective  and inserting  For purposes of obligating Federal assistance pursuant to this chapter ; and
(6)
in subsection (i) by striking  consult with the  and inserting  obtain the concurrence of the .
(b)
Regulations; guidance
Not later than 36 months after the date of enactment of this Act, the Secretary shall issue or update such regulations and guidance as may be necessary to implement the amendments made by this section.
3019.
Administrative provisions
Section 5334 of title 49, United States Code, is amended in subsection (h)(4)(B)(ii)(II)(bb) by striking the period at the end and inserting  , except the recipient may retain such amounts if the recipient or a subrecipient certify to the Secretary that the amounts will be used in a capital project under section 5307, 5308, 5310, or 5311. .
3020.
National transit database
(a)
In general
Section 5335 of title 49, United States Code, is amended to read as follows:
5335.
National transit database
(a)
In general
The Secretary shall maintain a reporting system, using a uniform system of accounts, to help meet the needs of individual public transportation systems, the Federal Government, State and local governments, and the public, as such needs relate to having access to adequate information on which to base public transportation service planning.
(b)
Information required
The reporting system described in subsection (a) shall—
(1)
use uniform categories to accumulate public transportation—
(A)
financial information;
(B)
operating information;
(C)
geographic service area coverage information; and
(D)
asset condition information; and
(2)
contain appropriate information, as determined by the Secretary, to aid Federal, State, or local governmental authorities in making a public sector investment decisions.
(c)
Required reporters
The Secretary shall subject a recipient of Federal financial assistance pursuant to sections 5307 and 5311, and any person receiving benefits directly from such assistance, to the requirements of this section.
(d)
Data required To be reported
The Secretary shall, at a minimum, require a recipient described in subsection (c) to report for inclusion in the national transit database the following information:
(1)
Information relating to a transit asset inventory or condition assessment conducted by the recipient.
(2)
Data on assaults on transit workers of the recipient.
(3)
Data on fatalities that result from an impact with a bus.
(4)
Information relating to a public transportation system’s revenue loss because of fare evasion for each mode.
(5)
Data on assaults and other violent crimes on transit passengers while onboard public transportation vehicles and in public transportation facilities.
 .
(b)
Savings clause
The amendment made by this section to section 5335 of title 49, United States Code, shall not be construed by the Secretary to impose any requirements on reduced reporters, including voluntary reporters, that are additional to requirements imposed on such reporters as of the date of enactment of this Act.
3021.
Apportionment of appropriations for urbanized area formula grants
(a)
In general
Section 5336 of title 49, United States Code, is amended—
(1)
in the section heading by inserting
urbanized area   before
formula  ;
(2)
in subsection (a) by striking  subsection (h)(5)  and inserting  subsection (h)(6) ;
(3)
in subsection (b)(2)(E) by striking  section 5337(c)(3)  and inserting  section 5337(b)(3) ;
(4)
in subsection (d)(1) by striking  section 5338(a)(2)(C)  and inserting  section 5338(a)(2)(B) ;
(5)
in subsection (f) by striking  section 5311(c)(3)  in each place it occurs and inserting  section 5311(c)(5) ;
(6)
in subsection (h)—
(A)
in the matter preceding paragraph (1) by striking  section 5338(a)(2)(C)  and inserting  section 5338(a)(2)(B) ;
(B)
in paragraph (1)—
(i)
by striking  $30,000,000  and inserting  $125,000,000 ; and
(ii)
by striking  section 5307(h)  and inserting  the competitive passenger ferry grants in section 5339(d) as such grants relate to an area described under section 5339(d)(2)(A) ;
(C)
by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;
(D)
by inserting before paragraph (3), as so redesignated, the following:
(2)
$400,000,000 shall be set aside each fiscal year to carry out the all stations accessibility program under section 5307(h)”;
 ;
(E)
in paragraph (4), as so redesignated, by striking  3 percent  and inserting  5 percent ; and
(F)
in paragraph (6), as so redesignated, by striking  and (4)  and inserting  (4), and (5) ;
(7)
in subsection (i)(2)(A) by striking  subsection (h)(3)  and inserting  subsection (h)(4) ;
(8)
in subsection (j) by striking  subsection (h)(2)  and inserting  subsection (h)(3) ; and
(9)
by adding at the end the following:
(k)
All stations accessibility required
(1)
In general
In addition to the amounts required to be expended under section 5307(c)(1)(K), beginning on October 1, 2028, the Secretary shall, on an annual basis, determine, as applicable, the amount under paragraph (2) that a direct recipient shall expend on covered projects from the total amount made available to the relevant direct recipient pursuant to the formulas in this section to carry out section 5307.
(2)
Amount for covered projects
A direct recipient that allocates assistance made available under section 5307 to an inaccessible rail fixed guideway public transportation system that is determined by the Secretary to have, with respect to all stations or facilities for passenger use that are under the direct control of the direct recipient—
(A)
30 percent or fewer of such stations or facilities that are covered stations or facilities for passenger use, the direct recipient shall expend 3 percent of the total amount of such assistance made available to the direct recipient;
(B)
between 31 and 50 percent of such stations or facilities that are covered stations or facilities for passenger use, the direct recipient shall expend 4 percent of the total amount of such assistance made available to the direct recipient; or
(C)
more than 51 percent of such stations or facilities that are covered stations or facilities for passenger use, the direct recipient shall expend 5 percent of the total amount of such assistance made available to the direct recipient.
(3)
Briefing to Congress
Not less frequently than annually, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on—
(A)
the status and types of covered projects initiated by direct recipients using amounts determined under paragraph (2); and
(B)
any other information the Secretary determines relevant.
(4)
Definitions
In this subsection:
(A)
Covered project
The term  covered project  means a capital project to further meet or exceed the requirements described in part 37 or part 38 of title 49, Code of Federal Regulations.
(B)
Covered station or facility for passenger use
The term  covered station or facility for passenger use  means a station or facility—
(i)
construction of which began before January 26, 1992;
(ii)
which the Secretary determines has not been made accessible to and usable by persons with disabilities, including individuals who use wheelchairs; and
(iii)
which is in use for the provision of a rail fixed guideway public transportation.
(C)
Direct recipient
The term ‘direct recipient’ means a public entity that receives funding directly from the Federal Transit Administration to carry out grants in urbanized areas pursuant to section 5307, which may include a designated recipient.
(D)
Inaccessible rail fixed guideway public transportation system
The term  inaccessible rail fixed guideway public transportation system  means a rail fixed guideway public transportation system with at least 1 covered station or facility for passenger use.
 .
(b)
Conforming amendment
The analysis for  chapter 53  of title 49, United States Code, is amended by striking the item relating to section 5336 and inserting the following:
5336. Apportionment of appropriations for urbanized area formula grants.
  .
3022.
State of good repair grants
Section 5337 of title 49, United States Code, is amended—
(1)
by striking subsection (a);
(2)
in subsection (b)(1)—
(A)
by striking  The Secretary  and inserting  For purposes of ensuring the safety of public transportation systems, the Secretary ; and
(B)
by striking  to maintain public transportation systems  and inserting  to maintain such public transportation systems ;
(3)
in subsection (c)—
(A)
in paragraph (1) by striking  authorized or ; and
(B)
in paragraph (4) to read as follows:
(4)
Limitation
The share of the total amount apportioned under this subsection that is apportioned to an area under this subsection shall not decrease by more than 0.25 percentage points compared to the share apportioned to the area under this subsection in the previous fiscal year.
 ;
(4)
in subsection (d)—
(A)
in paragraph (2) by striking  authorized or ; and
(B)
in paragraph (5) by striking  subsection (b)(1)  and inserting  subsection (a)(1) ;
(5)
by striking subsection (f); and
(6)
by redesignating subsections (b) through (e), as amended, as subsections (a) through (d), respectively.
3023.
Authorizations
Section 5338 of title 49, United States Code, is amended to read as follows:
5338.
Authorizations.
(a)
Grants
(1)
In general
There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5324, 5334, 5335, 5337, 5339, and 5340—
(A)
$16,868,000,000 for fiscal year 2027;
(B)
$17,205,000,000 for fiscal year 2028;
(C)
$17,527,000,000 for fiscal year 2029;
(D)
$17,835,000,000 for fiscal year 2030; and
(E)
$18,157,000,000 for fiscal year 2031.
(2)
Allocation of funds
Of the amounts made available to the Secretary under paragraph (1), the following allocations apply:
(A)
Planning programs
To carry out section 5305—
(i)
$222,930,000 for fiscal year 2027, of which $15,000,000 is to carry out section 5305(i);
(ii)
$225,820,000 for fiscal year 2028, of which $15,200,000 is to carry out section 5305(i);
(iii)
$228,760,000 for fiscal year 2029, of which $15,400,000 is to carry out section 5305(i);
(iv)
$231,730,000 for fiscal year 2030, of which $15,600,000 is to carry out section 5305(i); and
(v)
$234,750,000 for fiscal year 2031, of which $15,800,000 is to carry out section 5305(i).
(B)
Urbanized area grants
To carry out, in accordance with the formulas set for forth in section 5336, section 5307—
(i)
$7,745,474,000 for fiscal year 2027;
(ii)
$7,869,922,000 for fiscal year 2028;
(iii)
$7,996,361,000 for fiscal year 2029;
(iv)
$8,124,823,000 for fiscal year 2030; and
(v)
$8,255,340,000 for fiscal year 2031.
(C)
Grants for enhanced mobility of seniors and individuals with disabilities
To carry out section 5310—
(i)
$447,300,000 for fiscal year 2027, of which $10,000,000 is to carry out section 5310(j);
(ii)
$453,100,000 for fiscal year 2028, of which $10,100,000 is to carry out section 5310(j);
(iii)
$459,000,000 for fiscal year 2029, of which $10,200,000 is to carry out section 5310(j);
(iv)
$465,000,000 for fiscal year 2030, of which $10,300,000 is to carry out section 5310(j); and
(v)
$471,000,000 for fiscal year 2031, of which $10,400,000 is to carry out section 5310(j).
(D)
Rural area grants
To carry out section 5311—
(i)
$1,007,622,000 for fiscal year 2027;
(ii)
$1,023,742,000 for fiscal year 2028;
(iii)
$1,040,122,000 for fiscal year 2029;
(iv)
$1,056,764,000 for fiscal year 2030; and
(v)
$1,073,672,000 for fiscal year 2031.
(E)
Public transportation innovation
To carry out section 5312—
(i)
$45,240,000 for fiscal year 2027, of which—
(I)
$5,000,000 to carry out section 5312(h); and
(II)
$7,371,000 to carry out section 5312(i);
(ii)
$45,960,000 for fiscal year 2028, of which—
(I)
$4,000,000 to carry out section 5312(h); and
(II)
$7,489,000 to carry out section 5312(i);
(iii)
$46,700,000 for fiscal year 2029, of which—
(I)
$3,000,000 to carry out section 5312(h); and
(II)
$7,609,000 to carry out section 5312(i);
(iv)
$47,440,000 for fiscal year 2030, of which—
(I)
$2,000,000 to carry out section 5312(h); and
(II)
$7,731,000 to carry out section 5312(i); and
(v)
$48,200,000 for fiscal year 2031, of which—
(I)
$0 to carry out section 5312(h); and
(II)
$7,854,000 to carry out section 5312(i).
(F)
Technical assistance and workforce development
To carry out section 5314—
(i)
$20,499,000 for fiscal year 2027;
(ii)
$20,806,000 for fiscal year 2028;
(iii)
$21,118,000 for fiscal year 2029;
(iv)
$21,434,000 for fiscal year 2030; and
(v)
$21,756,000 for fiscal year 2031.
(G)
Bus testing facility
To carry out section 5318—
(i)
$7,000,000 for fiscal year 2027;
(ii)
$7,105,000 for fiscal year 2028;
(iii)
$7,212,000 for fiscal year 2029;
(iv)
$7,320,000 for fiscal year 2030; and
(v)
$7,430,000 for fiscal year 2031.
(H)
Emergency relief program
To carry out section 5324—
(i)
$25,000,000 for fiscal year 2027;
(ii)
$25,000,000 for fiscal year 2028;
(iii)
$25,000,000 for fiscal year 2029;
(iv)
$25,000,000 for fiscal year 2030; and
(v)
$25,000,000 for fiscal year 2031.
(I)
Administrative expenses
To carry out section 5334—
(i)
$132,700,000 for fiscal year 2027;
(ii)
$135,400,000 for fiscal year 2028;
(iii)
$138,100,000 for fiscal year 2029;
(iv)
$140,800,000 for fiscal year 2030; and
(v)
$143,600,000 for fiscal year 2031.
(J)
National transit database
To carry out section 5335—
(i)
$6,235,000 for fiscal year 2027;
(ii)
$6,335,000 for fiscal year 2028;
(iii)
$6,436,000 for fiscal year 2029;
(iv)
$6,539,000 for fiscal year 2030; and
(v)
$6,644,000 for fiscal year 2031.
(K)
State of good repair grants
To carry out section 5337—
(i)
$4,640,000,000 for fiscal year 2027;
(ii)
$4,645,000,000 for fiscal year 2028;
(iii)
$4,650,000,000 for fiscal year 2029;
(iv)
$4,655,000,000 for fiscal year 2030; and
(v)
$4,660,000,000 for fiscal year 2031.
(L)
Grants for buses, bus facilities, and ferries
To carry out section 5339 (except subsection (d))—
(i)
$1,695,000,000 for fiscal year 2027;
(ii)
$1,863,710,000 for fiscal year 2028;
(iii)
$2,014,891,000 for fiscal year 2029;
(iv)
$2,149,550,000 for fiscal year 2030; and
(v)
$2,295,508,000 for fiscal year 2031.
(M)
Growing States and high density States
To carry out section 5340—
(i)
$873,000,000 for fiscal year 2027, of which—
(I)
$445,230,000 to carry out section 5340(b); and
(II)
$427,770,000 to carry out section 5340(c);
(ii)
$883,100,000 for fiscal year 2028, of which—
(I)
$450,381,000 to carry out section 5340(b); and
(II)
$432,719,000 to carry out section 5340(c);
(iii)
$893,300,000 for fiscal year 2029, of which—
(I)
$455,583,000 to carry out section 5340(b); and
(II)
$437,717,000 to carry out section 5340(c);
(iv)
$903,600,000 for fiscal year 2030, of which—
(I)
$460,836,000 to carry out section 5340(b); and
(II)
$442,764,000 to carry out section 5340(c); and
(v)
$914,100,000 for fiscal year 2031, of which—
(I)
$466,191,000 to carry out section 5340(b); and
(II)
$447,909,000 to carry out section 5340(c).
(b)
Capital investment grants
There is authorized to be appropriated to the Secretary to carry out section 5309 of this title—
(1)
$3,000,000,000 for fiscal year 2027;
(2)
$3,000,000,000 for fiscal year 2028;
(3)
$3,000,000,000 for fiscal year 2029;
(4)
$3,000,000,000 for fiscal year 2030; and
(5)
$3,000,000,000 for fiscal year 2031.
(c)
Oversight
(1)
In general
Of the amounts made available under subsection (a)(1) to carry out a financial assistance program or a grant program referenced in subsection (a)(2) for a fiscal year, the Secretary may use not more than 0.7 percent of such amounts in such fiscal year to conduct oversight activities for each respective program, section 5308, and section 5329, including the activities described in paragraph (3).
(2)
Additional oversight
(A)
CIG program
Of the amount made available under subsection (b) for a fiscal year, the Secretary may use not more than 1 percent of such amount in such fiscal year to conduct oversight activities for the fixed guideway capital investment grants program, including activities described in paragraph (3).
(B)
Other
Of the amounts made available under section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ; 122 Stat. 4970), the Secretary may use not more than 1 percent in a given fiscal year to conduct oversight activities, including the activities described in paragraph (3).
(3)
Activities
The activities described in this paragraph are as follows:
(A)
Activities to oversee the construction of a major capital project.
(B)
Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.
(C)
Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.
(D)
Activities to carry out section 5334.
(4)
Government share of costs
The Government shall pay the entire cost of carrying out a contract under this subsection.
(5)
Availability of certain funds
Funds made available under paragraph (2) to conduct oversight activities related to the fixed guideway capital investment grants program shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.
(d)
Grants as contractual obligations
(1)
Grants financed from highway trust fund
A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.
(2)
Grants financed from general fund
A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.
(e)
Availability of amounts
Amounts made available by or appropriated under this section shall remain available until expended.
 .
3024.
Grants for buses, bus facilities, and ferries
(a)
In general
Section 5339 of title 49, United States Code, is amended—
(1)
in the section heading by striking
and bus facilities   and inserting
, bus facilities, and ferries  ;
(2)
in subsection (a)—
(A)
by striking paragraph (1);
(B)
in paragraph (2) by striking  paragraph (4)(A)  and inserting  paragraph (3)(A) ;
(C)
in paragraph (4)—
(i)
in subparagraph (A) by striking the heading and inserting
In general  ; and
(ii)
in subparagraph (B)—
(I)
by striking  A recipient  and inserting  An eligible recipient ; and
(II)
by striking  public agencies  and inserting  local governmental authorities, public agencies, ;
(D)
in paragraph (5)—
(i)
in the matter preceding subparagraph (A) by striking  under section  and all that follows through  shall be  and inserting  under section 5338(a)(2)(L) shall be ;
(ii)
in subparagraph (A)—
(I)
by striking  $206,000,000  and inserting  $336,000,000 ; and
(II)
by striking  to all States  and all that follows through the period and inserting  equally to each State. ; and
(iii)
by striking subparagraph (B) and inserting the following:
(B)
Distribution of remaining funds
The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated in the following manner:
(i)
62 percent shall be apportioned pursuant to subparagraph (C).
(ii)
38 percent shall be distributed by the Secretary in accordance with subsection (b).
(C)
Formulas
Of amounts allocated under subparagraph (B)(i)—
(i)
50 percent shall be allocated for use in urbanized areas pursuant to the formula set forth in section 5336(c)(1)(A);
(ii)
30 percent shall be allocated for use in urbanized areas pursuant to the formula set forth in section 5336(c)(1)(B);
(iii)
15 percent shall be allocated for use in urbanized areas pursuant to the formula set forth in section 5336(a)(1); and
(iv)
5 percent shall be allocated for use in rural areas pursuant to the formula set forth in section 5311(c)(5).
 ;
(E)
in paragraph (6)—
(i)
in subparagraph (A)—
(I)
by striking
(A)  Transfer flexibility for national distribution funds.—  ; and
(II)
by striking  paragraph (5)(A)  and inserting  paragraph (4)(A) ; and
(ii)
by striking subparagraph (B);
(F)
in paragraph (8)—
(i)
by striking  3 fiscal years  and inserting  5 fiscal years ; and
(ii)
by striking  3-fiscal-year  and inserting  5-fiscal-year ;
(G)
by striking paragraph (9);
(H)
in paragraph (10)—
(i)
in subparagraph (A)—
(I)
by striking
(A)  In general.—  ; and
(II)
by striking  ;  Public Law 114–94  ; and
(ii)
by striking subparagraph (B);
(I)
by redesignating paragraphs (2) through (8), as amended, as paragraphs (1) through (7), respectively;
(J)
by redesignating paragraph (10) as paragraph (8); and
(K)
by adding at the end the following:
(9)
Special rule for territories
(A)
In general
A territory may use amounts received pursuant to subsection (a)(4)(A) for any purpose eligible under section 5311 as such purpose relates to the provision of passenger ferry service, including the acquisition of a vessel to provide such ferry service.
(B)
Territory defined
In this paragraph, the term  territory  means any of the following territories of the United States:
(i)
American Samoa.
(ii)
The Commonwealth of the Northern Mariana Islands.
(iii)
Guam.
(iv)
The United States Virgin Islands.
 ;
(3)
in subsection (b)—
(A)
in paragraph (1)—
(i)
by striking  The Secretary  and inserting  Subject to the availability of funds, the Secretary ;
(ii)
by striking  under this subsection  and inserting  on a competitive basis ;
(iii)
by striking  subsection (a)(4)  and inserting  subsection (a)(3) ;
(iv)
by striking  buses and bus facilities capital projects, including ; and
(v)
by striking subparagraphs (A) and (B) and inserting the following:
(A)
buses and bus facilities capital projects, including—
(i)
replacing, rehabilitating, purchasing, or leasing buses or related equipment; and
(ii)
rehabilitating, purchasing, constructing, or leasing bus-related facilities; and
(B)
eligible projects.
 ;
(B)
by striking paragraph (2);
(C)
in paragraph (3)—
(i)
by inserting
(A)  In general.—   before  A State ;
(ii)
by inserting  for a grant described in paragraph (1)  before  on behalf of ; and
(iii)
by striking  The submission of a statewide application  and all that follows through the period at the end and inserting the following:
(B)
Savings clause
The submission by a State of an application under subparagraph (A) shall not preclude the Secretary from considering any application submitted by an eligible recipient (as described in subsection (a)(3)) in an urbanized area of such State.
 ;
(D)
in paragraph (4)—
(i)
in subparagraph (A)—
(I)
by inserting  publicly  before  disclose ; and
(II)
by striking  availability in the Federal Register  and inserting  opportunity ; and
(ii)
in subparagraph (B)—
(I)
by inserting  publicly available  before  summary ; and
(II)
by striking  in the Federal Register ;
(E)
in paragraph (5)(A) by inserting  for grants  before  under this subsection ;
(F)
in paragraph (6)—
(i)
in subparagraph (B)—
(I)
by striking  The Government  and inserting  Except as provided in section 5323(i), the Government ; and
(II)
by striking  an eligible project  and inserting  a project ; and
(ii)
by adding at the end the following new subparagraph:
(C)
Non-Federal share
The non-Federal share of the cost of a project carried out using a grant under this subsection may be derived from in-kind contributions.
 ;
(G)
in paragraph (8) by inserting  for grants  before  under this subsection ;
(H)
in paragraph (9)(A) by striking  eligible ;
(I)
in paragraph (10) by striking  and subsection (c) ;
(J)
in paragraph (11)—
(i)
in subparagraph (A)—
(I)
by striking
(A)  In general.—  ; and
(II)
by striking  ;  Public Law 114–94  ; and
(ii)
by striking subparagraph (B); and
(K)
by redesignating paragraphs (3) through (11) as paragraphs (2) through (10), respectively;
(4)
in subsection (c)—
(A)
by striking paragraph (2);
(B)
in paragraph (3)—
(i)
in subparagraph (C)—
(I)
in clause (i) by striking  An eligible project  and inserting  A project  ; and
(II)
in clause (ii)—
(aa)
by striking  subparagraph  and inserting  paragraph ; and
(bb)
by striking  paragraph (7)  and inserting  paragraph (5) ;
(ii)
by transferring and redesignating subparagraph (C), as amended, to appear as subsection (b)(11) (and redesignating clauses (i) and (ii) of subsection (b)(11), as so transferred and redesignating, as subparagraphs (A) and (B), respectively);
(iii)
in subparagraph (D) by striking  or under subsection (b) for projects  and inserting  for eligible projects ; and
(iv)
by transferring and redesignating subparagraph (D), as amended, to appear as subsection (b)(12) (and redesignating clauses (i) through (vi) of subsection (b)(12), as so transferred and redesignated, as subparagraphs (A) through (F), respectively);
(C)
by striking paragraph (3), as amended;
(D)
by striking paragraph (4);
(E)
in paragraph (5)—
(i)
in the matter preceding subparagraph (A) by inserting  shall  after  Secretary ;
(ii)
in subparagraph (A)—
(I)
by striking  shall consider  and inserting  for eligible projects described in paragraph (1)(B), give consideration to ; and
(II)
by striking  ; and  and inserting a period;
(iii)
by striking subparagraph (B);
(iv)
by redesignating subparagraph (A) as subparagraph (B); and
(v)
by inserting before subparagraph (B), as so redesignated, the following new subparagraph:
(A)
for projects described under paragraph (1)(A), consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities; and
 ;
(F)
by transferring and redesignating paragraph (5), as amended, to appear as subsection (b)(13);
(G)
by striking paragraphs (6) through (8);
(H)
by striking the subsection heading and inserting
Definitions.— In this section: ; and
(I)
in paragraph (1)—
(i)
by striking the enumerator and all that follows through  In this subsection— ;
(ii)
in subparagraph (B) by striking  in an eligible area ;
(iii)
in subparagraph (E)(ii) by striking the semicolon and inserting  ; and ;
(iv)
by striking subparagraph (F); and
(v)
by redesignating—
(I)
subparagraph (A) as paragraph (1);
(II)
subparagraph (B), as amended, as paragraph (2) (and redesignating clauses (i) through (vii) of paragraph (2), as so redesignated, as subparagraphs (A) through (G), respectively);
(III)
subparagraphs (C) and (D) as paragraphs (3) and (4), respectively;
(IV)
subparagraph (E), as amended, as paragraph (5) (and redesignating clauses (i) and (ii) of paragraph (5), as so redesignated, as subparagraphs (A) and (B), respectively); and
(V)
subparagraph (G) as paragraph (6);
(5)
in subsection (d)—
(A)
by striking  (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c)  and inserting  (as defined in subsection (e)) or related infrastructure under subsection (b) ;
(B)
by striking  as described in section 5314(b)(2) (including  and inserting  , including ;
(C)
by striking  programs)  and inserting  programs, ; and
(D)
by striking  subsection (c)(3)(D)  and inserting  subsection (b)(12) ;
(6)
by redesignating subsection (c) as subsection (e);
(7)
by redesignating subsection (d) as subsection (c); and
(8)
by inserting after subsection (c) the following:
(d)
Competitive passenger ferry grants
(1)
In general
The Secretary may make grants under this subsection to assist designated recipients, States, and local governmental entities in financing passenger ferry projects as such projects relate to capital projects to purchase, replace, or rehabilitate passenger ferries, terminals, and related facilities and equipment.
(2)
Amounts available
For purposes of carrying out paragraph (1)—
(A)
$125,000,000 is made available each fiscal year pursuant to section 5336(h)(1) for recipients of—
(i)
grants made in urbanized areas; and
(ii)
grants made in areas that are determined by the Secretary to serve rural and urbanized areas; and
(B)
$25,000,000 is made available each fiscal year pursuant to section 5311(c)(1)(D) for recipients of grants in rural and insular areas.
(3)
Grant requirements
(A)
In general
A grant under this subsection shall be subject to the requirements of—
(i)
section 5307 for recipients of grants described in paragraph (2)(A); and
(ii)
section 5311 for recipients of grants described in paragraph (2)(B).
(B)
Federal share of costs
Except as otherwise provided under this chapter, the Federal share of the cost of a project carried out under this subsection shall not exceed 80 percent.
(4)
Award period
An amount made available to an applicant to carry out a project under this subsection—
(A)
shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and
(B)
that remain unobligated at the end of the period described in subparagraph (A) shall be recouped by the Secretary to remain available for future applicants.
(5)
Limitations
(A)
Maximum award amount
Of the amounts made available under paragraphs (2)(A) and (2)(B), not more than 10 percent may be awarded to a single applicant.
(B)
Applicants in certain areas
An applicant for an award in an area described under paragraph (2)(A)(ii) may not compete for amounts made available to an area referenced in paragraph (2)(B) unless the project for which the application is made serves solely rural areas).
(6)
Competitive process
The Secretary shall—
(A)
not later than 90 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for projects on a competitive basis;
(B)
award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i)
75 days after the date on which the solicitation expires; or
(ii)
the end of the fiscal year in which the Secretary solicited the grant applications, and
(C)
if insufficient eligible applications are received for projects in areas referenced in paragraph (2), the Secretary shall reapportion any remaining amounts of—
(i)
the amounts described in paragraph (2)(A) to designated recipients under the urbanized area formula program in section 5336 in the following fiscal year; and
(ii)
the amounts described in paragraph (2)(B) to States under section 5311 in the following fiscal year.
(7)
Required disclosure
The Secretary shall—
(A)
publicly disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding opportunity; and
(B)
publish a publicly available summary of final scores for selected projects, metrics, and other evaluations used in awarding grants under this subsection.
(8)
Rural set-aside for new ferry service
Of the amounts made available for rural and insular areas under paragraph (2)(B), the Secretary may award not less than 10 percent of such amount for projects to establish passenger ferry service in rural areas and insular areas, unless the Secretary does not receive enough qualified applications for such projects.
 .
(b)
Clerical amendment
The analysis for  chapter 53  of title 49, United States Code, is amended by striking the item relating to section 5339 and inserting the following:
5339. Grants for buses, bus facilities, and ferries.
  .
3025.
Apportionments based on growing States and high density States formula factors
Section 5340 of title 49, United States Code, is amended—
(1)
by striking subsection (a);
(2)
by redesignating subsections (b) through (d) as subsections (a) through (c), respectively;
(3)
in subsection (a), as so redesignated, by striking  section 5338(b)(2)(N)  and all that follows through the period at the end and inserting  section 5338(a)(2)(M) in accordance with subsections (b) and (c). ;
(4)
in subsection (b), as so redesignated, by striking  subsection (b)(1)  and inserting  subsection (a) ; and
(5)
in subsection (c), as so redesignated, by striking  subsection (b)(2)  and inserting  subsection (a) .
B
Miscellaneous
3101.
Definitions
In this title:
(1)
Appropriate committees of Congress
The term  appropriate committees of Congress  means—
(A)
the Committee on Transportation and Infrastructure of the House of Representations; and
(B)
the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
Transit agency
The term  transit agency  means an operator of a public transportation system that is a recipient of Federal financial assistance under  chapter 53  of title 49, United States Code.
3102.
Protecting bus operators from risk of assault
(a)
Bus driver safety working group
(1)
Establishment
Not later than 60 days after the date of enactment of this Act, the Secretary shall establish a working group (in this section referred to as the  Working Group ) to review—
(A)
transit bus design and safety standards; and
(B)
transit agency practices and protocols relating to the retrofitting and procurement of transit buses with workstation barriers to protect operators from the risk of assault on a transit worker.
(2)
Membership
The Secretary shall appoint a Chair and members of the Working Group, which shall be comprised of at least 1 representative from the constituencies of—
(A)
transit bus manufacturers, including original equipment manufacturers;
(B)
rural transit agencies;
(C)
urban transit agencies;
(D)
transit bus workers;
(E)
transit bus maintenance technicians;
(F)
labor unions representing transit workers; and
(G)
other stakeholders the Secretary determines appropriate.
(3)
Duties and recommendations
The Working Group shall—
(A)
evaluate workstation barrier designs, including factors relating to—
(i)
the airflow and ventilation of fully enclosed workstation barrier designs;
(ii)
the development, certification, testing, manufacturing, installation, and training associated with various designs of such barriers;
(iii)
the safe egress of operators and passengers in the event of an emergency;
(iv)
the accessibility of workstation areas for operators with disabilities when such barriers are installed;
(v)
the cost of procuring and installing various designs of such barriers—
(I)
on newly manufactured vehicles; and
(II)
to retrofit existing vehicles; and
(vi)
any other workstation barrier design factors the Secretary determines appropriate;
(B)
solicit feedback and insights from transit agencies and operators that use or are testing workstation barriers to mitigate assault on a transit worker, including transit agencies that have retrofitted existing vehicles with workstation barriers;
(C)
assess a random sample of safety management systems required pursuant to part 673 of title 49, Code of Federal Regulations, and developed by transit agencies of various sizes, to determine the efficacy of such systems in successfully identifying the risk of assault on a transit worker and applying mitigations, including workstation barrier vehicle retrofits, to reduce the likelihood and severity of occurrences of such assault;
(D)
review and assess other optional physical features of transit buses, including television monitors in the passenger area of the bus that displays the security monitor feed of such area, to determine whether such features improve transit worker or passenger safety;
(E)
evaluate the cost, feasibility, and safety benefits associated with requiring the installation of workstation barriers on fixed route transit buses less than 30 feet in length; and
(F)
make recommendations to the Secretary on requiring—
(i)
the Secretary to develop performance specifications, in addition to the specifications referenced in subsection (b)(1), for driver workstation barriers installed on fixed route transit buses 30 feet or more in length to protect operators from the risk of assault on a transit worker; and
(ii)
as appropriate, transit agencies to retrofit vehicles in revenue service with workstation barriers to protect transit bus operators from such risk.
(4)
Reports to Congress
(A)
Working Group findings
Not later than 12 months after the Working Group is established, the Chair of such group shall submit to the appropriate committees of Congress a report—
(i)
detailing all findings and recommendations of the Working Group; and
(ii)
summarizing any dissenting positions of individual Working Group members, if applicable, on the final findings and recommendations issued by such group.
(B)
DOT response
Not later than 3 months after the date on which the Chair submits the report under subparagraph (A), the Secretary shall transmit to the appropriate committees of Congress the position of the Administration with regards to each of the recommendations in such report, including the rationale for disagreement, if applicable.
(5)
Support
The Secretary shall seek to enter into the appropriate arrangements with the National Academies to support the activities of the Working Group.
(b)
Bus operator safety and security requirement
(1)
In general
Beginning 2 years after the date of enactment of this Act, the operator workstation of a newly manufactured fixed route transit bus which is 30 feet or more in length and purchased with Federal funds by a recipient of assistance under  chapter 53  of title 49, United States Code, shall be equipped with a workstation barrier that, at a minimum—
(A)
reaches from the bus floor to the bus ceiling;
(B)
is capable of fully enclosing the operator workstation and preventing the unwanted entry of unauthorized persons, fluids, and objects into the workstation; and
(C)
does not impede the lines of sight of the operator from the workstation to the exterior of the bus.
(2)
Policy guidance
Not later than 2 years after the date of enactment of this Act, the Secretary shall issue policy guidance requiring the installation of workstation barriers to protect operators from the risk of assault on such transit buses in accordance with the requirement under paragraph (1), and in doing so, to the extent practicable, take into consideration the findings and recommendations of the Working Group under subsection (a)(3)(F).
(3)
Updates
The Secretary may update the guidance required under this subsection as determined necessary to protect operators from the risk of such assault.
(c)
Definitions
In this section:
(1)
Assault on a transit worker
The term  assault on a transit worker  has the meaning given such term in section 5302 of title 49, United States Code.
(2)
Workstation barrier
The term  workstation barrier  means a physical barrier that separates a transit operator workstation area from the passenger area on a public transportation vehicle.
3103.
Spare ratio modification
(a)
In general
Notwithstanding any other provision of law, the Secretary may not issue policy, regulations, or guidance setting a transit vehicle spare ratio.
(b)
Rule of construction
Subsection (a) shall not be construed by the Secretary to—
(1)
prohibit a transit agency applying for assistance under such chapter from providing a justification for the acquisition of new rolling stock at the time of an award application; or
(2)
preclude a transit agency from using Federal assistance, as applicable, to acquire a reasonable number of spare vehicles based on the operational needs of such transit agency.
(c)
Deadline
Not later than 180 days after the date of enactment of this Act, the Secretary shall update Federal Transit Administration Circular 5010.1F titled  Award Management Requirements  (or any successor document), and any related circulars, policy, and guidance to conform with the requirements of this section.
3104.
Special rule for certain transportation services
(a)
In general
Solely for purposes of administering part 655 of title 49, Code of Federal Regulations (or any successor regulation), the Secretary may not consider a driver for a transportation network company or a taxicab service to be a covered individual, unless a recipient that is a contractee of such transportation network company or taxicab service fails to—
(1)
make available to a customer for each ride more than 1 company providing transportation services, including by a transportation network company, a taxicab service, or a provider of public transportation; and
(2)
provide a written or verbal explanation to the customer on the differences between the alcohol and controlled substances testing requirements, as applicable, for drivers of each company providing transportation services, including providers of public transportation, made available to the customer.
(b)
Limitation on transportation services provided under special rule
A recipient of financial assistance under section 5307, 5308, 5309, or 5311 of title 49, United States Code, that enters into an agreement with a transportation network company or a taxicab service to provide transportation services described in subsection (a) shall ensure that such transportation services solely serve to supplement, not supplant, fixed route or route-based public transportation provided by the recipient.
(c)
Definitions
In this section:
(1)
Covered individual
The term  covered individual  means—
(A)
an employee of a recipient receiving financial assistance described in section 5331(b) of title 49, United States Code; and
(B)
a contractor of a recipient of financial assistance under section 5307, 5308, 5309, or 5311 of such title.
(2)
Public transportation
The term  public transportation  has the meaning given such term in section 5302 of title 49, United States Code.
(3)
Taxicab service
The term  taxicab service  has the meaning given the term in section 13102 of title 49, United States Code.
(4)
Transportation network company
The term  transportation network company  means a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect individuals to drivers for prearranged transportation services, as defined under applicable State or local law.
3105.
Innovative procurement
(a)
In general
Section 3019 of the FAST Act ( 49 U.S.C. 5325  note) is amended—
(1)
by inserting  or local  before  government  each place it appears;
(2)
by striking  and related equipment  each place it appears and inserting  , rolling stock related equipment, and any other goods, technologies, or software services ;
(3)
in subsection (b)(2) in the paragraph heading by inserting  or local government  before  cooperative procurement ; and
(4)
in subsection (c) by striking paragraph (5).
(b)
Updates
The Secretary shall update applicable policy, guidance, and regulations, as necessary, to implement the amendments made by this section.
3106.
Transit award management system improvement
Not later than 1 year after the date of enactment of this Act, the Secretary shall, to the greatest extent practicable, ensure that the transit award management system, as it is used by the Federal Transit Administration to ensure that financial assistance specified in section 5333(b) of title 49, United States Code, complies with the requirements of such section, notifies only persons and entities affected by the relevant financial assistance specified in such section.
3107.
Public transit first aid and emergency medical kit equipment and training
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall convene a transportation rulemaking committee, and designate such committee pursuant to section 102(k) of title 49, United States Code, to review and develop findings and recommendations relating to whether or not covered recipients should equip covered public transportation vehicles and public transportation stations with first aid kits and emergency medical kits.
(b)
Membership
The transportation rulemaking committee convened under subsection (a) shall consist of members appointed by the Secretary, including representatives of—
(1)
rolling stock manufacturers, including original equipment manufacturers;
(2)
rural transit agencies;
(3)
urban transit agencies;
(4)
transit workers;
(5)
labor unions representing transit workers;
(6)
licensed physicians; and
(7)
other stakeholders the Secretary determines appropriate.
(c)
Considerations
The transportation rulemaking committee convened under subsection (a) shall consider—
(1)
the benefits and costs (including the costs of route diversions and emergency stoppages) of requiring covered public transportation vehicles and public transportation stations to be equipped with—
(A)
basic first aid kits; and
(B)
medications or equipment necessary to be included in emergency medical kits;
(2)
whether the contents of the emergency medical kit should include, at a minimum, appropriate medications and equipment that can practicably be administered to address—
(A)
the emergency medical needs of children and pregnant women;
(B)
opioid overdose;
(C)
anaphylaxis; and
(D)
cardiac arrest;
(3)
what contents of the emergency medical kits should be readily available, to the extent practicable, for use by public transportation operators or the general public without prior approval by a medical professional;
(4)
training requirements, including recurring training, for frontline employees of public transportation agencies regarding use of first aid kits and emergency medical kits; and
(5)
the storage location of first aid kits and emergency medical kits on board covered public transportation vehicles and at public transportation stations.
(d)
Report to Congress
(1)
In general
Not later than 12 months after the date on which the rulemaking committee described in subsection (a) is convened, the Secretary shall submit to the appropriate committees of Congress a report based on the findings of such rulemaking committee.
(2)
Contents
The Secretary shall include in the report required under paragraph (1)—
(A)
any findings or recommendations submitted by the transportation rulemaking committee convened under subsection (a) to the Secretary;
(B)
if applicable, any dissenting positions of individual representatives of such rulemaking committee on the findings or recommendations described in subparagraph (A) and the rationale for each dissenting position; and
(C)
any actions the Secretary intends to initiate, if necessary, as a result of such findings and recommendations.
(e)
Definitions
In this section:
(1)
Covered public transportation vehicle
The term  covered public transportation vehicle  means rolling stock used in revenue service by a covered recipient.
(2)
Covered recipient
The term  covered recipient  means a public transit agency required to establish a comprehensive agency safety plan in accordance with section 5329(d) of title 49, United States Code.
3108.
Improving transparency in certain urbanized areas
(a)
Rationale required
(1)
In general
The Secretary shall require a designated recipient of financial assistance provided under section 5307, 5310, 5337, or 5339 of title 49, United States Code, to provide a letter detailing the rationale for the split allocation amount determined for each direct recipient in an urbanized area with a population of at least 200,000 individuals, as determined by the Bureau of the Census, if—
(A)
a formula other than the Federal apportionment formula set forth in section 5336 of such title, including a modified version of the Federal apportionment formula, is used by the designated recipient to suballocate the total apportionment amount for the relevant urbanized area to each direct recipient for purposes of carrying out grants under such section 5307; or
(B)
population data other than data published by the Bureau of the Census is used to suballocate the total apportionment amount for the relevant urbanized area to each direct recipient for purposes of carrying out grants under section 5307.
(2)
Failure to provide rationale
The Secretary may withhold funds made available to a designated recipient for grants described in section 5307 of title 49, United States Code, if such recipient fails to provide a letter detailing the rationale for the split allocation amounts pursuant to paragraph (1).
(3)
Term of applicability
A letter of rationale under this subsection shall be updated not later than 30 days after a change is made to a split allocation process.
(4)
Savings clause
Solely for purposes of withholding funds under paragraph (2), the Secretary may not withhold such funds to a designated recipient that submits a letter of rationale under this subsection.
(b)
Publication of split letters
The Secretary shall publish on the website of the Federal Transit Administration each split letter received from a designated recipient of financial assistance provided under section 5307, 5310, 5337, or 5339 of title 49, United States Code, for each fiscal year in which Federal assistance is apportioned pursuant to such sections.
(c)
Designated recipient
In this section, the term  designated recipient  has the meaning given that term in section 5302 of title 49, United States Code.
3109.
Extension of capital and preventive maintenance grants to Washington Metropolitan Area Transit Authority
Section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ) is amended by striking  2030  and inserting  2031 .
3110.
GAO assessment of project contingency amounts
(a)
In general
For the period beginning on the date of enactment of this Act and ending on September 30, 2031, the Comptroller General shall include with each report required under section 5309(o)(2)(B) of title 49, United States Code, an assessment by the Comptroller General of—
(1)
the project contingency amounts determined to be reasonable by the Secretary under section 5309(f)(1)(A) of title 49, United States Code, with respect to each project for which funds were awarded under section 5309 of such title during the 3-year period immediately preceding the report; and
(2)
the relationship between each such project contingency amount and—
(A)
the total capital cost of the corresponding project; and
(B)
the capital investment grant program requirements applicable to such project, including whether such project is a core capacity project, a new start project, a streamlined start project, or an expedited delivery project.
(b)
Solicitation of feedback
In carrying out an assessment under subsection (a), the Comptroller General shall solicit from relevant stakeholders feedback on project contingency amounts for projects for which funds were awarded under section 5309 of title 49, United States Code.
3111.
GAO report on universal design to improve accessibility
Not later than 180 days after the date of enactment of this Act, the Comptroller General shall assess the extent to which transit agencies utilize universal design concepts in Federally funded capital projects and submit to Congress a report on the results of the assessment that includes—
(1)
a review of applicable Federal Transit Administration policy guidance and best practices related to improving accessibility; and
(2)
recommendations for any such legislative and administrative action as the Comptroller General determines appropriate to improve accessibility in public transportation.
3112.
GAO study and report on National Transit Database data quality
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study to evaluate the accuracy and consistency of data reported to the National Transit Database and assess the efficacy of current protocols for gathering and verifying reported data.
(b)
Considerations
In conducting the study required under subsection (a), the Comptroller General shall review—
(1)
processes undertaken by transit agencies for purposes of collecting and reporting required data to the National Transit Database in accordance with section 5335 of title 49, United States Code, including an assessment of transit agency revenue reporting;
(2)
the protocols of the Federal Transit Administration for gathering and verifying reported data, including automated validation checks and manual review procedures;
(3)
transit agency compliance with National Transit Database reporting requirements;
(4)
the impact of National Transit Database data quality on—
(A)
public transit safety;
(B)
Federal formula apportionments and competitive funding decisions, as applicable; and
(C)
the decision-making of the Federal Transit Administration as such decision-making relates to award management and safety oversight;
(5)
policies of the Federal Transit Administration that protect the personally identifiable information of persons involved in reportable security incidents; and
(6)
for those public transportation systems studied, the community value of the public transportation services provided, including a review of service utilization rates and accessibility of the system for families and individuals with disabilities, including individuals who use wheelchairs.
(c)
Consultation
In conducting the study required under subsection (a), the Comptroller General shall consult with representatives of—
(1)
the Federal Transit Administration;
(2)
urban, rural, and Tribal transit agencies;
(3)
labor unions representing transit workers; and
(4)
any other relevant stakeholders as determined by Comptroller General.
(d)
Report
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the study conducted under subsection (a) and any associated recommendations.
3113.
GAO study on transit system rider safety
(a)
In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall initiate a study to assess the efforts of the Federal Transit Administration to improve rider safety on federally-funded public transit systems, including efforts to prevent assaults, harassment, and other security threats to passengers and transit employees.
(b)
Considerations
In conducting the study required under subsection (a), the Comptroller General shall assess the following matters related to transit system safety:
(1)
National data trends and insights into the causes, risks, and consequences of transit-related assaults.
(2)
The primary Federal funding sources used for transit system safety and security improvements.
(3)
The effectiveness of common risk reduction strategies to improve safety, including—
(A)
de-escalation training, trauma-informed responses, and passenger safety protocols;
(B)
vehicle design standards, including bus driver workstation barriers;
(C)
transit rider education and awareness campaigns;
(D)
bus stop design standards;
(E)
the deployment of law enforcement officers or transit ambassadors; and
(F)
partnerships with mental health professionals.
(4)
The extent to which there are barriers to the implementation of safety improvements and challenges transit operators face in improving safety, which may include—
(A)
limitations on eligible use of Federal assistance;
(B)
transit agency financial constraints, including as a result of changes in Federal, State, and local assistance;
(C)
the effectiveness of risk mitigation strategies that transit agencies have adopted;
(D)
procurement barriers; and
(E)
coordination between Federal agencies, local agencies, social service providers and local law enforcement agencies.
(c)
Consultation
In conducting the study required under subsection (a), the Comptroller General shall consult with—
(1)
State transportation officials;
(2)
academic experts in transportation safety, criminology, and public health; and
(3)
representatives of—
(A)
transit operators, including, as applicable, transit police or contracted security of such operators;
(B)
transit riders; and
(C)
urban, rural, and Tribal transit agencies.
(d)
Report to Congress
Not later than 1 year after the date of the initiation of the study described under subsection (a), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the study conducted under subsection (a).
3114.
GAO study on CIG data collection and reporting requirements
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study to assess the efficacy of data collection and analysis requirements under the capital investment grants program pursuant to subparagraphs (E) and (F) of section 5309(k)(2) of title 49, United States Code, and make recommendations to reduce the reporting burden on project sponsors.
(b)
Considerations
In conducting the study required under subsection (a), the Comptroller General shall assess the following matters related to the requirements under subparagraphs (E) and (F) of section 5309(k)(2) of such title:
(1)
The typical cost of preparing an information collection and analysis plan, as required under section 5309(k)(2)(E) of such title.
(2)
The extent to which preparing the plan described in paragraph (1) or the collection of data contributes to project delays.
(3)
The extent to which project sponsors apply insights gained from the plan described in paragraph (1) to public transportation related activities other than activities carried out under the capital investment grants program.
(4)
The extent to which the Federal Transit Administration utilizes data collected and submitted by a project sponsor in the plan referenced in paragraph (1) for purposes of—
(A)
determining eligibility for a full funding grant agreement under the capital investment grants program; and
(B)
assessing public transportation related activities other than activities carried out under the capital investment grants program.
(5)
Any relevant policy guidance or circulars issued by the Federal Transit Administration.
(c)
Recommendations
In making the recommendations required under subsection (a), the Comptroller General shall consider the following:
(1)
Opportunities to reduce data collection and reporting requirements pursuant to subparagraphs (E) and (F) of section 5309(k)(2) of such title for project sponsors with a significant amount of local financial commitment.
(2)
Criteria other than the amount of local financial commitment secured by a project sponsor that the Federal Transit Administration may use to apply reduced data collection and reporting requirements on project sponsors.
(3)
The existence of any redundancies between the data collection and reporting requirements referenced in paragraph (1) and other Federal Transit Administration programs or data-related reporting requirements imposed on recipients of assistance under chapter 53 of such title.
(d)
Consultation
In conducting the study required under subsection (a), the Comptroller General shall consult with—
(1)
industry associations representing public transportation providers;
(2)
transit agencies that completed a capital investment grants project in the last 10 years and fulfilled the requirements of subparagraphs (E) and (F) of section 5309(k)(2) of such title; and
(3)
engineering or design firms that participated in delivering projects described in paragraph (2).
(e)
Report to Congress
Not later than 1 year after the date of initiation of the study described under section (a), the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study and recommendations under subsection (a).
3115.
GAO assessment of paratransit software and technologies
(a)
In general
Not later than 180 days after the date of enactment of this Act, the Comptroller General shall assess Americans with Disabilities Act compliant paratransit software and technologies procured with Federal funds and make recommendations to improve service efficiency, access, and quality of life for paratransit riders while protecting sensitive rider and system data from cybersecurity threats.
(b)
Consultation
In carrying out the assessment required under subsection (a), the Comptroller General shall consult the following:
(1)
Paratransit riders.
(2)
Organizations representing riders with disabilities, including individuals who use wheelchairs.
(3)
Rural transit agencies.
(4)
Urban transit agencies.
(5)
The United States Access Board.
(6)
Labor organizations representing frontline public transportation workers.
(7)
Third-party providers of paratransit service.
(8)
Paratransit technology manufacturers.
(9)
For-hire transportation providers.
(10)
Cybersecurity experts and standards bodies.
(11)
Other stakeholders the Comptroller General determines appropriate.
(c)
Considerations
(1)
In general
In carrying out the assessment under subsection (a), the Comptroller General shall consider the following:
(A)
The extent to which paratransit software and digital interfaces provide effective access for riders with disabilities, including differing visual, auditory, cognitive, and physical needs.
(B)
The cybersecurity of paratransit software and technologies, including—
(i)
methods to ensure that paratransit software and data is protected from cyber-attacks, and whether there are appropriate outcomes-based objectives for protecting the confidentiality, integrity, and availability of systems and data; and
(ii)
whether existing cybersecurity frameworks and audit regimes (including SOC 2 and ISO 27001, or successor standards) are used as potential references or models for minimum cybersecurity expectations.
(C)
The technical capabilities of paratransit software and technologies, including—
(i)
the role of application programming interfaces or related mechanisms in enabling integration of multiple service providers and supporting efficient movement of trips between providers;
(ii)
how real-time route optimization and dynamic trip scheduling capabilities impact paratransit service; and
(iii)
the ability of paratransit software to support digital booking interfaces that aggregate multiple providers.
(d)
Report
Not later than 1 year after the date on which the assessment under subsection (a) is initiated, the Comptroller General shall submit to the appropriate committees of Congress a report detailing the findings and recommendations required under subsection (a).
C
Reorganization and Consolidation of Chapter 53
3201.
Transfer of certain sections in  chapter 53  of title 49, United States Code
(a)
Transfers to section 5323
(1)
Section 5306
Section 5306 of title 49, United States Code, is transferred and redesignated to appear as section 5323(y) and is amended—
(A)
in subsection (b) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and
(B)
by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively.
(2)
Section 5325
Section 5325 of title 49, United States Code, is transferred and redesignated to appear as section 5323(z) and is amended—
(A)
in subsection (b)—
(i)
in paragraph (2)—
(I)
in the matter preceding subparagraph (A) by striking  paragraph (1)  and inserting  subparagraph (A) ;
(II)
in subparagraph (C) by striking  subparagraph (B)  and inserting  clause (ii) ;
(III)
in subparagraph (D)—
(aa)
by striking  subparagraph (C)  and inserting  clause (iii) ; and
(bb)
by striking  this subparagraph  and inserting  this clause ; and
(IV)
by redesignating subparagraphs (A) through (D), as amended, as clauses (i) through (iv), respectively; and
(ii)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(B)
in subsection (d)—
(i)
in paragraph (1)—
(I)
by striking  subsection  and inserting  paragraph ; and
(II)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and
(ii)
by redesignating paragraphs (1) and (2), as amended, as subparagraphs (A) and (B);
(C)
in subsection (e)—
(i)
in paragraph (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(ii)
in paragraph (2) by striking  subsection  and inserting  paragraph ; and
(iii)
by redesignating paragraphs (1) and (2), as amended, as subparagraphs (A) and (B), respectively;
(D)
in subsection (f)—
(i)
in paragraph (1)—
(I)
in subparagraph (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; and
(II)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(ii)
in paragraph (2) by striking  paragraph (1)(B)  and inserting  subparagraph (A)(ii) ;
(iii)
in paragraph (3)—
(I)
in the matter preceding subparagraph (A) by striking  subsection  and inserting  paragraph ;
(II)
in subparagraph (A)—
(aa)
in clause (ii) by striking  paragraph (1)(B)  and inserting  subparagraph (A)(ii) ; and
(bb)
by redesignating clauses (i) and (ii), as amended, as subclauses (I) and (II), respectively;
(III)
in subparagraph (B) by striking  subparagraph (A)  and inserting  clause (i) ; and
(IV)
by redesignating subparagraphs (A) and (B), as amended, as clauses (i) and (ii), respectively; and
(iv)
by redesignating paragraphs (1) through (3), as amended, as subparagraphs (A) through (C), respectively;
(E)
in subsection (j)—
(i)
in paragraph (2)—
(I)
by striking  paragraph (1)  and inserting  subparagraph (A) ; and
(II)
by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; and
(ii)
by redesignating paragraphs (1) and (2), as amended, as subparagraphs (A) and (B), respectively;
(F)
in subsection (k) by striking  subsection  and inserting  paragraph ; and
(G)
by redesignating subsections (a) through (k), as amended, as paragraphs (1) through (11), respectively.
(3)
Section 5327
Section 5327 of title 49, United States Code, is transferred and redesignated to appear as section 5323(aa) and is amended—
(A)
in subsection (a) by redesignating paragraphs (1) through (13) as subparagraphs (A) through (M), respectively;
(B)
in subsection (b) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(C)
in subsection (d)—
(i)
in paragraph (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(ii)
in paragraph (2)—
(I)
in subparagraph (B) by striking  subsection (b)  and inserting  paragraph (2) ; and
(II)
by redesignating subparagraphs (A) and (B), as amended, as clauses (i) and (ii), respectively;
(iii)
in paragraph (3) by striking  paragraph (2)(B)  and inserting  subparagraph (B)(ii) ; and
(iv)
by redesignating paragraphs (1) through (3), as amended, as subparagraphs (A) through (C), respectively; and
(D)
by redesignating subsections (a) through (d) as paragraphs (1) through (4), respectively.
(4)
Section 5332
Section 5332 of title 49, United States Code, is transferred and redesignated to appear as section 5323(bb) and is amended—
(A)
by striking  subsection (b)  in each place it occurs and inserting  paragraph (2) ;
(B)
by striking  of this section  in each place it occurs;
(C)
in subsection (a) by striking  section  and inserting  subsection ;
(D)
in subsection (c) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(E)
in subsection (d) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
(F)
in subsection (e)—
(i)
in paragraph (1) by striking  subsection (d)(2)  and inserting  paragraph (4)(B) ; and
(ii)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and
(G)
by redesignating subsections (a) through (f) as paragraphs (1) through (6), respectively.
(b)
Section 5315 transfer to section 5334
Section 5315 of title 49, United States Code, is transferred and redesignated to appear as section 5334(l) and is amended—
(1)
in subsection (a) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
(2)
in subsection (b) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(3)
in subsection (c) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
(4)
in subsection (d) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and
(5)
by redesignating subsections (a) through (d) as paragraphs (1) through (4), respectively.
3202.
Front matter of  chapter 53  of title 49, United States Code
(a)
Table of sections
 Chapter 53  of title 49, United States Code, is amended by striking the table of sections in the front matter at the beginning and inserting the following:
SUBCHAPTER I–GENERAL AUTHORITIES AND GRANT PROGRAMS
Sec.
5301. Purpose and declaration of policy.
5302. Definitions.
5303. Authorizations.
5304. Apportionment of appropriations for urbanized area formula grants.
5305. Administrative provisions.
5306. General provisions.
5307. Urbanized area formula grants.
5308. Consolidated State block grant.
5309. Fixed guideway capital investment grants.
5310. Formula grants for the enhanced mobility of seniors and individuals with disabilities.
5311. Formula grants for rural areas.
5312. Public transportation innovation.
5313. Planning programs.
5314. Technical assistance and workforce development.
5315. National transit database.
5316. State of good repair grants.
5317. Grants for buses, bus facilities, and ferries.
5318. Bus testing facility.
5319. Apportionments based on growing States and high density States formula factors.
5320. Public transportation emergency relief programs.
SUBCHAPTER II–PLANNING AND REQUIREMENTS
5331. Metropolitan transportation planning.
5332. Statewide and nonmetropolitan transportation planning.
5333. Labor standards.
SUBCHAPTER III–SAFETY
5351. Crime prevention and security.
5352. Public transportation safety program.
5353. Alcohol and controlled substances testing.
5354. Transit asset management.
  .
(b)
Redesignations and transfers
(1)
Requirement
The sections of  chapter 53  of title 49, United States Code, identified in the table provided in paragraph (2) are amended—
(A)
by redesignating the sections as described in the table; and
(B)
by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 53 of such title (as added by subsection (a)), in the order in which the sections are presented in the table.
(2)
Table
The table referred to in paragraph (1) is the following:
   Chapter 53 section number before redesignation    Section heading (provided for identification purposes only)    Chapter 53 section number after redesignation
  5301  Purpose and declaration of policy.  5301
  5302  Definitions.  5302
  5338  Authorizations.  5303
  5336  Apportionment of appropriations for urbanized area formula grants.  5304
  5334  Administrative provisions.  5305
  5323  General provisions.  5306
  5307  Urbanized area formula grants.  5307
  5308  Consolidated State block grant.  5308
  5309  Fixed guideway capital investment grants.  5309
  5310  Formula grants for the enhanced mobility of seniors and individuals with disabilities.  5310
  5311  Formula grants for rural areas.  5311
  5312  Public transportation innovation.  5312
  5305  Planning programs.  5313
  5314  Technical assistance and workforce development.  5314
  5335  National transit database.  5315
  5337  State of good repair grants.  5316
  5339  Grants for buses, bus facilities, and ferries.  5317
  5318  Bus testing facility.  5318
  5340  Apportionments based on growing States and high density States formula factors.  5319
  5324  Public transportation emergency relief program.  5320
  5303  Metropolitan transportation planning.  5331
  5304  Statewide and nonmetropolitan transportation planning.  5332
  5333  Labor standards.  5333
  5321  Crime prevention and security.  5351
  5329  Public transportation safety program.  5352
  5331  Alcohol and controlled substances testing.  5353
  5326  Transit asset management.  5354
3203.
Amendments to  chapter 53  of title 49, United States Code, as amended by section 3202 of this Act
(a)
In general
Except as otherwise expressly provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision of  chapter 53  of title 49, United States Code, the reference shall be considered to be made to chapter 53 of such title, as amended by section 3202 of this Act.
(b)
General amendment to section 5303
 Chapter 53  of title 49, United States Code, is amended by inserting after  section 5302  the following:
5303.
Authorizations.
(a)
Grants
(1)
In general
There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, and 5310 through 5320—
(A)
$16,868,000,000 for fiscal year 2027;
(B)
$17,205,000,000 for fiscal year 2028;
(C)
$17,527,000,000 for fiscal year 2029;
(D)
$17,835,000,000 for fiscal year 2030; and
(E)
$18,157,000,000 for fiscal year 2031.
(2)
Allocation of funds
Of the amounts made available to the Secretary under paragraph (1), the following allocations apply:
(A)
Administrative provisions
To carry out section 5305—
(i)
$132,700,000 for fiscal year 2027;
(ii)
$135,400,000 for fiscal year 2028;
(iii)
$138,100,000 for fiscal year 2029;
(iv)
$140,800,000 for fiscal year 2030; and
(v)
$143,600,000 for fiscal year 2031.
(B)
Urbanized area grants
To carry out, in accordance with the formulas set for forth in section 5304, section 5307—
(i)
$7,745,474,000 for fiscal year 2027;
(ii)
$7,869,922,000 for fiscal year 2028;
(iii)
$7,996,361,000 for fiscal year 2029;
(iv)
$8,124,823,000 for fiscal year 2030; and
(v)
$8,255,340,000 for fiscal year 2031.
(C)
Grants for enhanced mobility of seniors and individuals with disabilities
To carry out section 5310—
(i)
$447,300,000 for fiscal year 2027, of which $10,000,000 is to carry out section 5310(j);
(ii)
$453,100,000 for fiscal year 2028, of which $10,100,000 is to carry out section 5310(j);
(iii)
$459,000,000 for fiscal year 2029, of which $10,200,000 is to carry out section 5310(j);
(iv)
$465,000,000 for fiscal year 2030, of which $10,300,000 is to carry out section 5310(j); and
(v)
$471,000,000 for fiscal year 2031, of which $10,400,000 is to carry out section 5310(j).
(D)
Rural area grants
To carry out section 5311—
(i)
$1,007,622,000 for fiscal year 2027;
(ii)
$1,023,742,000 for fiscal year 2028;
(iii)
$1,040,122,000 for fiscal year 2029;
(iv)
$1,056,764,000 for fiscal year 2030; and
(v)
$1,073,672,000 for fiscal year 2031.
(E)
Public transportation innovation
To carry out section 5312—
(i)
$45,240,000 for fiscal year 2027, of which—
(I)
$5,000,000 to carry out section 5312(h); and
(II)
$7,371,000 to carry out section 5312(i);
(ii)
$45,960,000 for fiscal year 2028, of which—
(I)
$4,000,000 to carry out section 5312(h); and
(II)
$7,489,000 to carry out section 5312(i);
(iii)
$46,700,000 for fiscal year 2029, of which—
(I)
$3,000,000 to carry out section 5312(h); and
(II)
$7,609,000 to carry out section 5312(i);
(iv)
$47,440,000 for fiscal year 2030, of which—
(I)
$2,000,000 to carry out section 5312(h); and
(II)
$7,731,000 to carry out section 5312(i); and
(v)
$48,200,000 for fiscal year 2031, of which—
(I)
$0 to carry out section 5312(h); and
(II)
$7,854,000 to carry out section 5312(i).
(F)
Planning programs
To carry out section 5313—
(i)
$222,930,000 for fiscal year 2027, of which $15,000,000 is to carry out section 5305(i);
(ii)
$225,820,000 for fiscal year 2028, of which $15,200,000 is to carry out section 5305(i);
(iii)
$228,760,000 for fiscal year 2029, of which $15,400,000 is to carry out section 5305(i);
(iv)
$231,730,000 for fiscal year 2030, of which $15,600,000 is to carry out section 5305(i); and
(v)
$234,750,000 for fiscal year 2031, of which $15,800,000 is to carry out section 5305(i).
(G)
Technical assistance and workforce development
To carry out section 5314—
(i)
$20,499,000 for fiscal year 2027;
(ii)
$20,806,000 for fiscal year 2028;
(iii)
$21,118,000 for fiscal year 2029;
(iv)
$21,434,000 for fiscal year 2030; and
(v)
$21,756,000 for fiscal year 2031.
(H)
National transit database
To carry out section 5315—
(i)
$6,235,000 for fiscal year 2027;
(ii)
$6,335,000 for fiscal year 2028;
(iii)
$6,436,000 for fiscal year 2029;
(iv)
$6,539,000 for fiscal year 2030; and
(v)
$6,644,000 for fiscal year 2031.
(I)
State of good repair grants
To carry out section 5316—
(i)
$4,640,000,000 for fiscal year 2027;
(ii)
$4,645,000,000 for fiscal year 2028;
(iii)
$4,650,000,000 for fiscal year 2029;
(iv)
$4,655,000,000 for fiscal year 2030; and
(v)
$4,660,000,000 for fiscal year 2031.
(J)
Grants for bus and bus facilities
To carry out section 5317 (except for subsection (d))—
(i)
$1,695,000,000 for fiscal year 2027;
(ii)
$1,863,710,000 for fiscal year 2028;
(iii)
$2,014,891,000 for fiscal year 2029;
(iv)
$2,149,550,000 for fiscal year 2030; and
(v)
$2,295,508,000 for fiscal year 2031.
(K)
Bus testing facility
To carry out section 5318—
(i)
$7,000,000 for fiscal year 2027;
(ii)
$7,105,000 for fiscal year 2028;
(iii)
$7,212,000 for fiscal year 2029;
(iv)
$7,320,000 for fiscal year 2030; and
(v)
$7,430,000 for fiscal year 2031.
(L)
Growing States and high density States
To carry out section 5319—
(i)
$873,000,000 for fiscal year 2027, of which—
(I)
$445,230,000 to carry out section 5319(b); and
(II)
$427,770,000 to carry out section 5319(c);
(ii)
$883,100,000 for fiscal year 2028, of which—
(I)
$450,381,000 to carry out section 5319(b); and
(II)
$432,719,000 to carry out section 5319(c);
(iii)
$893,300,000 for fiscal year 2029, of which—
(I)
$455,583,000 to carry out section 5319(b); and
(II)
$437,717,000 to carry out section 5319(c);
(iv)
$903,600,000 for fiscal year 2030, of which—
(I)
$460,836,000 to carry out section 5319(b); and
(II)
$442,764,000 to carry out section 5319(c); and
(v)
$914,100,000 for fiscal year 2031, of which—
(I)
$466,191,000 to carry out section 5319(b); and
(II)
$447,909,000 to carry out section 5319(c).
(M)
Emergency relief program
To carry out section 5320—
(i)
$25,000,000 for fiscal year 2027;
(ii)
$25,000,000 for fiscal year 2028;
(iii)
$25,000,000 for fiscal year 2029;
(iv)
$25,000,000 for fiscal year 2030; and
(v)
$25,000,000 for fiscal year 2031.
(b)
Capital investment grants
There is authorized to be appropriated to the Secretary to carry out section 5309 of this title—
(1)
$3,000,000,000 for fiscal year 2027;
(2)
$3,000,000,000 for fiscal year 2028;
(3)
$3,000,000,000 for fiscal year 2029;
(4)
$3,000,000,000 for fiscal year 2030; and
(5)
$3,000,000,000 for fiscal year 2031.
(c)
Oversight
(1)
In general
Of the amounts made available under subsection (a)(1) to carry out a financial assistance program or a grant program referenced in subsection (a)(2) for a fiscal year, the Secretary may use not more than 0.7 percent of such amount in such fiscal year to conduct oversight activities for each respective program and for sections 5308 and 5329, including the activities described in paragraph (3).
(2)
Additional oversight
(A)
CIG program
Of the amounts made available under subsection (b) for a fiscal year, the Secretary may use not more than 1 percent of such amount in such fiscal year to conduct oversight activities for the fixed guideway capital investment grants program, including activities described in paragraph (3).
(B)
Other
Of the amounts made available under Section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ; 122 Stat. 4970), the Secretary may use not more than 1 percent in a given fiscal year to conduct oversight activities, including the activities described in paragraph (3).
(3)
Activities
The activities described in this paragraph are as follows:
(A)
Activities to oversee the construction of a major capital project.
(B)
Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.
(C)
Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.
(D)
Activities to carry out section 5305.
(4)
Government share of costs
The Government shall pay the entire cost of carrying out a contract under this subsection.
(5)
Availability of certain funds
Funds made available under paragraph (2) to conduct oversight activities related to the fixed guideway capital investment grants program shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.
(d)
Grants as contractual obligations
(1)
Grants financed from highway trust fund
A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.
(2)
Grants financed from general fund
A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.
(e)
Availability of amounts
Amounts made available by or appropriated under this section shall remain available until expended.
 .
(c)
Technical amendments
 Chapter 53  of title 49, United States Code, is amended—
(1)
in section 5302—
(A)
in paragraph (5)(N) by striking  5339(c)  and inserting  5317(e) ;
(B)
in paragraph (6)(A)—
(i)
by striking  5303 and 5304  and inserting  5331 and 5332 ; and
(ii)
by striking  5336  and inserting  5304 ; and
(C)
in paragraph (8)(A) by striking  5334(c)  and inserting  5305(c) ;
(2)
in section 5304—
(A)
in subsection (b)(2)(E) by striking  5337(b)(3)  and inserting  5316(b)(3) ;
(B)
in subsection (d)(1) by striking  5338(a)(2)(B)  and inserting  5303(a)(2)(B) ; and
(C)
in subsection (h)—
(i)
in the matter preceding paragraph (1) by striking  5338(a)(2)(B)  and inserting  5303(a)(2)(B) ;
(ii)
in paragraph (1)—
(I)
by striking  5339(d)  and inserting  5317(d) ; and
(II)
by striking  5339(d)(2)(A)  and inserting  5317(d)(2)(A) ; and
(iii)
in paragraph (5) by striking  5329(e)(6)  and inserting  5352(e)(6) ;
(3)
in section 5305—
(A)
in subsection (b)(1) by striking  5329  and inserting  5352 ; and
(B)
in subsection (l)—
(i)
in paragraph (1) by striking  general purposes of this chapter under section 5301(b)  and inserting  purpose of this chapter described in section 5301(a) ; and
(ii)
in paragraph (4)(B) by striking  5306(a)  and inserting  5306(y)(1) ;
(4)
in section 5306—
(A)
in subsection (a)(1)(A) by striking  sections 5303, 5304, and 5306  and inserting  section 5331, section 5332, and subsection (y) of this section ;
(B)
in subsection (e)—
(i)
in paragraph (1) by striking  5337  and inserting  5316 ; and
(ii)
in paragraph (2) by striking  5304  and inserting  5332 ;
(C)
in subsection (i)(1)(A)—
(i)
by striking  5339(e)(2)  and inserting  5317(e)(2) ; and
(ii)
by striking  5339 of this chapter  and inserting  5317 of this chapter ;
(D)
in subsection (n) by striking  5336(d)(2)  and inserting  5304(d)(2) ;
(E)
in subsection (o) by striking  5337  and inserting  5316 ;
(F)
in subsection (t)(2) by striking  5336  and inserting  5304 ;
(G)
in subsection (u)(4)(A) by striking  5337  and inserting  5316 ;
(H)
in subsection (v)(3)(B) by striking  5329  and inserting  5352 ;
(I)
in subsection (w)(6)—
(i)
by striking  ( 49 U.S.C. 5325  note)  each place it appears; and
(ii)
in subparagraph (A)(ii)(II) by striking  5325(f)(3)  and inserting  5306(z)(6)(C) ;
(J)
in subsection (y)—
(i)
in paragraph (1) by striking  5303, 5304, or 5305  and inserting  5313, 5331, or 5332 ; and
(ii)
in paragraph (2) by striking  5303–5305  and inserting  5313, 5331, and 5332 ; and
(K)
in subsection (aa)—
(i)
in paragraph (3) by striking  5338(f)  and inserting  5303(c) ; and
(ii)
in paragraph (4)(A) by striking  5338(c)  and inserting  5303(c) ;
(5)
in section 5307—
(A)
in subsection (b)(4) by striking  5336  and inserting  5304 ;
(B)
in subsection (c)(1)—
(i)
in subparagraph (E) by striking  5323 and 5325  and inserting  5306 and 5306(z) ;
(ii)
in subparagraph (H) by striking  5303 and 5304  and inserting  5331 and 5332 ;
(iii)
in subparagraph (J)—
(I)
by striking  5336  and inserting  5304 ; and
(II)
by striking  5321  and inserting  5351 ;
(iv)
in subparagraph (K) by striking  5336  and inserting  5304 ; and
(v)
in subparagraph (L) by striking  5329(d)  and inserting  5352(d) ;
(C)
in subsection (e)(2)(A) by striking  5336  and inserting  5304 ; and
(D)
in subsection (f)(4)(A)(ii)(II) by striking  5303, 5304, and 5305  and inserting  5313, 5331, and 5332 ;
(6)
in section 5308—
(A)
in subsection (a)—
(i)
by striking  5338(a)(2)  and inserting  5303(a)(2) ; and
(ii)
by striking  5310, 5311(c)(5), 5336, 5337, 5339(a), and 5340  and inserting  5304, 5310, 5311(c)(5), 5316, 5317(a), and 5319 ;
(B)
in subsection (b)(2)(D)(ii) by striking  5337, 5339(a), and 5340  and inserting  5316, 5317(a), and 5319 ;
(C)
in subsection (d)(2) by striking  5337, 5339, or 5340  and inserting  5316, 5317, or 5319 ;
(D)
in subsection (e)—
(i)
paragraph (11)(B) by striking  5339(c)(5)  and inserting  5317(e)(5) ; and
(ii)
paragraph (12) by striking  5337, 5339(a), and 5340  and inserting  5316, 5317(a), and 5319 ; and
(E)
in subsection (i)(3) by striking  5323(i)  and inserting  5306(i) ;
(7)
in section 5309—
(A)
in subsection (c)(1)—
(i)
in subparagraph (A) by striking  5303 and 5304  and inserting  5331 and 5332 ; and
(ii)
in subparagraph (C) by striking  5326(b)(2)(A)  and inserting  5354(b)(2)(A) ;
(B)
in subsection (d)(2)(A)(ii) by striking  5303  and inserting  5331 ;
(C)
in subsection (e)(2)(A)(ii) by striking  5303  and inserting  5331 ;
(D)
in subsection (g)(5)(C) by striking  5334(k)  and inserting  5305(k) ;
(E)
in subsection (h)(3)(A) by striking  5303  and inserting  5331 ;
(F)
in subsection (i) by striking  5303(i)  in each place it occurs and inserting  5331(i) ;
(G)
in subsection (s)(1) by striking  5325  and inserting  5306(z) ; and
(H)
in subsection (u)—
(i)
in paragraph (3)(A)—
(I)
in clause (i) by striking  5303 and 5304  and inserting  5331 and 5332 ; and
(II)
in clause (iii) by striking  5306(a)  and inserting  5306(y)(1) ; and
(ii)
in paragraph (12)—
(I)
in subparagraph (B) by striking  5306(a)  and inserting  5306(y)(1) ; and
(II)
in subparagraph (C) by striking  5303 and 5304  and inserting  5331 and 5332 ;
(8)
in section 5311—
(A)
in subsection (b)—
(i)
in paragraph (1)(A) by striking  5305  and inserting  5313 ; and
(ii)
in paragraph (3)(B) by striking  5338(a)(2)(D)  and inserting  5303(a)(2)(D) ; and
(B)
in subsection (c)—
(i)
in paragraph (1)—
(I)
in the matter preceding subparagraph (A) by striking  5338(a)(2)(D)  and inserting  5303(a)(2)(D) ; and
(II)
in subparagraph (D)—
(aa)
by striking  5339(d)  and inserting  5317(d) ; and
(bb)
by striking  5339(d)(2)(B)  and inserting  5317(d)(2)(B) ; and
(ii)
in paragraph (3)(C) by striking  5338(a)(2)(D)  and inserting  5303(a)(2)(D) ; and
(iii)
in paragraph (5)(A) by striking  5338(a)(2)(D)  and inserting  5303(a)(2)(D) ;
(9)
in section 5312(i)(1) by striking  The amounts made available under section 5338(a)(2)(G)(ii)  and inserting  The amounts specified under 5303(a)(2)(E) for this subsection ;
(10)
in section 5313—
(A)
in subsection (b)—
(i)
by striking  5338  and inserting  5303 ; and
(ii)
by striking  5303, 5304, and 5306  and inserting  5331, 5332, and 5306(y) ;
(B)
in subsection (c) by striking  5303 and 5306  in each place it occurs and inserting  5331 and 5306(y) ;
(C)
in subsection (d)(1)(A) by striking  5304 and 5306  and inserting  5332 and 5306(y) ;
(D)
in subsection (f) by striking  5338(a)(2)(A)  and inserting  5303(a)(2)(F) ; and
(E)
in subsection (h)(1) by striking  5303, 5304  and inserting  5331, 5332 ;
(11)
in section 5314—
(A)
in subsection (a)(1)(B)—
(i)
in clause (vii) by striking  5323(j) and 5323(m)  and inserting  5306(j) and 5306(m) ; and
(ii)
in clause (viii) by striking  5339(c)(1)  and inserting  5317(e)(5) ;
(B)
in subsection (c)(4)(A) by striking  5337, and 5339  and inserting  5316, and 5317 ; and
(C)
in subsection (d) by striking  5338(a)(2)(F)  and inserting  5303(a)(2)(G) ;
(12)
in section 5316—
(A)
in subsection (b)—
(i)
in paragraph (1) by striking  5338(a)(2)(K)  and inserting  5303(a)(2)(I) ; and
(ii)
in paragraph (2)(B) by striking  5336(b)(1)  and inserting  5304(b)(1) ; and
(B)
in subsection (c)(2) by striking  5338(a)(2)(K)  and inserting  5303(a)(2)(I) ;
(13)
in section 5317—
(A)
in subsection (a)—
(i)
in paragraph (4)—
(I)
in the matter preceding subparagraph (A) by striking  5338(a)(2)(L)  and inserting  5303(a)(2)(J) ; and
(II)
in subparagraph (C)—
(aa)
in clause (i) by striking  5336(c)(1)(A)  and inserting  5304(c)(1)(A) ;
(bb)
in clause (ii) by striking  5336(c)(1)(B)  and inserting  5304(c)(1)(B) ; and
(cc)
in clause (iii) by striking  5336(a)(1)  and inserting  5304(a)(1) ;
(ii)
in paragraph (5) by striking  5336  and inserting  5304 ; and
(iii)
in paragraph (8) by striking  ( 49 U.S.C. 5325  note) ;
(B)
in subsection (b)—
(i)
in paragraph (5)(B) by striking  5323(i)  and inserting  5306(i) ;
(ii)
in paragraph (9)(B) by striking  5325  and inserting  5306(z) ; and
(iii)
in paragraph (10) by striking  ( 49 U.S.C. 5325  note) ; and
(C)
in subsection (d)—
(i)
in paragraph (2)(A) by striking  5336(h)(1)  and inserting  5304(h)(1) ; and
(ii)
in paragraph (6)(C)(i) by striking  5336  and inserting  5304 ;
(14)
in section 5318(e)(1)(B)(ii) by striking  5329(b)  and inserting  5352(b) ;
(15)
in section 5319—
(A)
in subsection (a) by striking  5338(a)(2)(M)  and inserting  5303(a)(2)(L) ;
(B)
in subsection (b)(3) by striking  5336  and inserting  5304 ; and
(C)
in subsection (c)(5) by striking  5336  and inserting  5304 ;
(16)
in section 5331—
(A)
in subsection (a)(2) by striking  5304(d)  and inserting  5332(d) ;
(B)
in subsection (b)—
(i)
in the matter preceding paragraph (1) by striking  5304  and inserting  5332 ; and
(ii)
in paragraph (6) by striking  5304(l)  and inserting  5332(l) ;
(C)
in subsection (h)(2)(B)(ii) by striking  5326(c) and 5329(d)  and inserting  5352(d) and 5354(b) ;
(D)
in subsection (p) by striking  5305(g)  and inserting  5313(f) ; and
(E)
in subsection (s) by striking  5305(f)  and inserting  5313(f) ; and
(17)
in section 5332—
(A)
in subsection (a)—
(i)
in paragraph (1) by striking  5303, to accomplish the objectives stated in section 5303(a),  and inserting  5331, to accomplish the objectives stated in 5331(a), ; and
(ii)
in paragraph (3) by striking  5303(a)  and inserting  5331(a) ;
(B)
in subsection (b)(1) by striking  5303  and inserting  5331 ;
(C)
in subsection (d)(2)(B)(ii) by striking  5326(c) and 5329(d)  and inserting  5352(d) and 5354(b) ;
(D)
in subsection (f)(2)(A) by striking  5303  and inserting  5331 ;
(E)
in subsection (g) by striking  5303  in each place it appears and inserting  5331 ; and
(F)
in subsection (i) by striking  5303  each place it appears and inserting  5331 ; and
(18)
in section 5333(b) by striking  5307–5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)  each place it appears and inserting  5306(a)(1), 5306(b), 5306(d), 5307, 5308, 5309, 5310, 5311, 5312, 5316, and 5318 ;
(19)
in section 5352—
(A)
in subsection (b)(2)(D) by striking  5324(a)  and inserting  5320(a) ;
(B)
in subsection (d) by striking  5335  in each place it occurs and inserting  5315 ;
(C)
in subsection (e)(6)(B)(i) by striking  5336(h)  and inserting  5304(h) ; and
(D)
in subsection (h)(1) by striking  5334(c)  and inserting  5305(c) .
3204.
Conforming amendments
(a)
Title 10 conforming amendment
Section 2864(e)(2) of title 10, United States Code, is amended by striking  section 5303(b)  and inserting  section 5331(b) .
(b)
Title 23 conforming amendments
Title 23, United States Code, is amended—
(1)
in section 108(d)(5)(A) by striking  sections 5303 and 5304  and inserting  sections 5331 and 5332 ;
(2)
in section 134—
(A)
in subsection (h)(2)(B)(ii) by striking  sections 5326(c) and 5329(d)  and inserting  sections 5352(d) and 5354(b) ; and
(B)
in subsection (p) by striking  section 5305(g)  and inserting  section 5313(f) ;
(3)
in section 135—
(A)
in subsection (d)(2)(B)(ii) by striking  sections 5326(c) and 5329(d)  and inserting  sections 5352(d) and 5354(b) ;
(B)
in subsection (i) by striking  section 5305(g)  and inserting  section 5313(f) ; and
(C)
in subsection (j) by striking  sections 5303 and 5304  in each instance and inserting  sections 5331 and 5332 ; and
(4)
in section 327(a)(2)(B)(iv)(I) by striking  section 5303 or 5304  and inserting  section 5331 or 5332 ;
(c)
Title 49 conforming amendments
Section 24904(d)(2)(A) of title 49, United States Code, is amended by striking  section 5326(a)(3)  and inserting  section 5354(e)(3) .
(d)
Limitations on certain Federal assistance
Section 176(c) of the Clean Air Act ( 42 U.S.C. 7506(c) ) is amended—
(1)
by striking  section 5303(i)  each place it appears and inserting  section 5331(i) ; and
(2)
in paragraph (9) by striking  section 5303(j)  and inserting  section 5331(j) .
(e)
Grants for capital improvements to prevent crime in public transportation
Section 40131(f) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12301 ) is amended by striking  section 5321  and inserting  section 5351 .
(f)
Prioritization Process Pilot Program
Section 11204(c)(2) of the Surface Transportation Reauthorization Act of 2021 ( 23 U.S.C. 134  note) is amended—
(1)
in subparagraph (A)—
(A)
in clause (i) by striking  section 5303(i)  and inserting  section 5331(i) ;
(B)
in clause (i)(I)(aa) by striking  section 5303(h)  and inserting  section 5331(h) ; and
(C)
in clause (ii) by striking  section 5303(j)(2)(A)  and inserting  5331(j)(2)(A) ; and
(2)
in subparagraph (B)—
(A)
in clause (i)(I)(aa) by striking  section 5304(d)  and inserting  section 5332(d) ; and
(B)
in clause (ii) by striking  section 5304(g)  and inserting  section 5332(g) .
(g)
Advanced air mobility infrastructure pilot program
Section 101(e)(5) of division Q of the Consolidated Appropriations Act, 2023 ( 49 U.S.C. 40101  note) is amended by striking  section 5303(b)  and inserting  section 5331(b) .
IV
Highway Safety
4001.
Authorization of appropriations
(a)
In general
The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):
(1)
Highway safety programs
To carry out section 402 of title 23, United States Code—
(A)
$777,000,000 for fiscal year 2027;
(B)
$792,500,000 for fiscal year 2028;
(C)
$808,000,000 for fiscal year 2029;
(D)
$825,000,000 for fiscal year 2030; and
(E)
$842,400,000 for fiscal year 2031.
(2)
Highway safety research and development
To carry out section 403 of title 23, United States Code—
(A)
$211,000,000 for fiscal year 2027;
(B)
$219,300,000 for fiscal year 2028;
(C)
$225,600,000 for fiscal year 2029;
(D)
$229,000,000 for fiscal year 2030; and
(E)
$233,500,000 for fiscal year 2031.
(3)
High-visibility enforcement program
To carry out section 404 of title 23, United States Code—
(A)
$50,000,000 for fiscal year 2027;
(B)
$51,000,000 for fiscal year 2028;
(C)
$52,000,000 for fiscal year 2029;
(D)
$53,400,000 for fiscal year 2030; and
(E)
$54,300,000 for fiscal year 2031.
(4)
Administrative expenses
For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out  chapter 4  of title 23, United States Code, and this title—
(A)
$40,200,000 for fiscal year 2027;
(B)
$41,200,000 for fiscal year 2028;
(C)
$42,200,000 for fiscal year 2029;
(D)
$43,200,000 for fiscal year 2030; and
(E)
$44,200,000 for fiscal year 2031.
(5)
National driver register
For the National Highway Traffic Safety Administration to carry out  chapter 303  of title 49, United States Code—
(A)
$7,800,000 for fiscal year 2027;
(B)
$8,000,000 for fiscal year 2028;
(C)
$8,200,000 for fiscal year 2029;
(D)
$8,400,000 for fiscal year 2030; and
(E)
$8,600,000 for fiscal year 2031.
(b)
Prohibition on other uses
Except as otherwise provided in  chapter 4  of title 23, United States Code, and  chapter 303  of title 49, United States Code, the amounts made available under subsection (a) or any other provision of law from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapters—
(1)
shall only be used to carry out such program; and
(2)
may not be used by a State or local government for construction purposes.
(c)
Applicability of title 23
Except as otherwise provided in  chapter 4  of title 23, United States Code, and  chapter 303  of title 49, United States Code, the amounts made available under subsection (a) for fiscal years 2027 through 2031 shall be available for obligation in the same manner as if such amounts were apportioned under  chapter 1  of title 23, United States Code.
4002.
Consolidation and enhancement of highway safety programs
(a)
In general
Section 402 of title 23, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by redesignating clause (i) as subparagraph (A) (and adjusting the margins accordingly);
(ii)
in subparagraph (A), as so redesignated, by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively;
(iii)
by redesignating clauses (ii) through (iv) as subparagraphs (C) through (E), respectively (and adjusting the margins accordingly);
(iv)
by inserting after subparagraph (A), as so redesignated, the following:
(B)
addresses national priority safety initiatives;
 ;
(v)
in subparagraph (C), as so redesignated—
(I)
by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively;
(II)
in clause (i), as so redesignated, by striking  subsection (k)  and inserting  subsection (l) ; and
(III)
in clause (ii), as so redesignated, by striking  subsection (l)  and inserting  subsection (m) ; and
(vi)
in subparagraph (D), as so redesignated, by striking  subsection (b)(1)  and inserting  subsection (c)(1) ; and
(B)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
in clause (i) by inserting  , including law enforcement costs relating to enforcing State laws on posted speed limits  after  posted speed limits ;
(II)
in clause (vi) by inserting  and traffic incidents in school zones  after  buses ;
(III)
by redesignating clauses (x) through (xiv) as clauses (xi) through (xv), respectively;
(IV)
by inserting after clause (ix) the following:
(x)
to increase driver awareness of work zone safety to prevent crashes and reduce injuries and fatalities;
 ;
(V)
in clause (xiv), as so redesignated, by striking  ; and  and inserting a semicolon;
(VI)
in clause (xv), as so redesignated, by striking  vehicle loads  and inserting  vehicle loads, prevent improper and unsafe use of light-duty and medium-duty trailers, and educate the public about required trailer safety equipment and preventative maintenance ; and
(VII)
by adding at the end the following:
(xvi)
to purchase and deploy digital alert technology that—
(I)
is capable of receiving alerts regarding nearby first responders; and
(II)
in the case of a motor vehicle that is used for emergency response activities, is capable of sending alerts to civilian drivers to protect first responders on the scene and en route;
(xvii)
to educate the public regarding the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injury;
(xviii)
to cover law enforcement costs relating to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside;
(xix)
to cover costs associated with developing and implementing a program to train law enforcement on facilitating safe traffic stops utilizing standards established by a State Police Officer Standards and Training Board or a similar association;
(xx)
to cover costs associated with developing and implementing a program to improve interactions between a law enforcement officer and a motor vehicle operator who has a speech-related disability that may affect communication during a traffic stop, including autism spectrum disorder, commonly referred to as a  blue envelope program ;
(xxi)
to identify, collect, and report to State and local government agencies data relating to crashes involving vehicles and individuals stopped at the roadside; and
(xxii)
to pilot and incentivize measures, including optical visibility measures, to increase the visibility of stopped and disabled vehicles;
 ;
(ii)
in subparagraph (B)(i) by inserting  including education on a driver’s responsibilities and rights during a traffic stop  after  driver education ;
(iii)
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(iv)
by inserting after subparagraph (C) the following:
(D)
improve State safety data systems, including through—
(i)
software or applications to identify, collect, and report data to State and local government agencies, and enter data into State core highway safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle data;
(ii)
purchasing equipment to improve a process by which data are identified, collated, and reported to State and local government agencies, including technology for use by law enforcement for near-real time, electronic reporting of crash data;
(iii)
improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States, including the National EMS Information System;
(iv)
enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances;
(v)
supporting traffic records improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals;
(vi)
hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System (FAR) liaison);
(vii)
adoption of the Model Minimum Uniform Crash Criteria, or providing to the public information regarding why any of those criteria will not be used, if applicable;
(viii)
supporting reporting criteria relating to emerging topics, including—
(I)
impaired driving as a result of drug, alcohol, or polysubstance consumption; and
(II)
advanced technologies present on motor vehicles; and
(ix)
conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases;
 ;
(2)
by redesignating subsections (b) through (o) as subsections (c) through (p), respectively;
(3)
by inserting after subsection (a) the following:
(b)
National Priority Safety Initiatives
(1)
In general
Each State that meets the relevant fatality rate threshold shall have a highway safety program that addresses national priority safety initiatives.
(2)
Flexibility
Funds not required to be expended by a State in accordance with any provision of this subsection may be used by a State for any eligible activity under this subsection or subsection (a).
(3)
Requirements
In carrying out a highway safety program required under subsection (a), a State shall adhere to the following requirements:
(A)
Occupant protection
(i)
In general
In any case in which a State has an average occupant protection fatality rate that is greater than 75 percent of the national average, such State shall expend not less than 6 percent of the funds provided under this section to implement occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained in motor vehicles.
(ii)
Eligible activities
Funds required to be expended in accordance with this subparagraph may be used to—
(I)
carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement;
(II)
carry out a program to train occupant protection safety professionals, police officers, fire and other first responders, emergency medical personnel, educators, parents, and caregivers concerning all aspects of the use of child restraints and occupant protection;
(III)
carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems;
(IV)
carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints;
(V)
implement programs—
(aa)
to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations;
(bb)
to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; and
(cc)
to purchase and distribute child restraints to low-income and underserved populations;
(VI)
establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys; and
(VII)
cover law enforcement costs related to the enforcement of occupant protection laws.
(iii)
Definitions
In this subparagraph:
(I)
Average occupant protection fatality rate
The term  average occupant protection fatality rate  means the number of motor vehicle crash fatalities in a State that involve unrestrained individuals per every 100,000,000 vehicle miles traveled in the State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.
(II)
Child restraint
The term  child restraint  means any device (including child safety seat, booster seat, harness, and excepting seat belts) that is—
(aa)
designed for use in a motor vehicle to restrain, seat, or position a child who weighs 65 pounds (30 kilograms) or less; and
(bb)
certified to comply with the Federal Motor Vehicle Safety Standard Number 213, contained in section 571.213 of title 49, Code of Federal Regulations, or any succeeding standard.
(III)
Seat belt
The term  seat belt  means—
(aa)
with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and
(bb)
with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.
(B)
Impaired driving countermeasures
(i)
In general
In any case in which a State has an average impaired driving fatality rate that is greater than 75 percent of the national average, such State shall expend not less than 26 percent of the funds provided under this section to implement programs to reduce driving under the influence of alcohol, drugs, or a combination of alcohol and drugs.
(ii)
Additional requirement
In any case in which a State that is required to expend funds pursuant to clause (i) does not have a repeat intoxicated driver law (as such law is described in section 164(a)(5)(A)(ii)), the Secretary shall apply clause (i) by substituting “30 percent” for “26 percent”.
(iii)
Eligible activities
Funds required to be expended in accordance with this subparagraph may be used by a State for—
(I)
high-visibility enforcement efforts;
(II)
hiring a full-time or part-time impaired driving coordinator of the activities of the State to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or a combination of alcohol and drugs;
(III)
court support of impaired driving prevention efforts, including—
(aa)
hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers;
(bb)
training and education of the professionals in subclause (I) to assist such professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in such drug recognition expert training; and
(cc)
establishing driving while intoxicated courts;
(IV)
alcohol ignition interlock programs;
(V)
improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection;
(VI)
media in support of high-visibility enforcement efforts, conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;
(VII)
training on the use of alcohol and drug screening and brief intervention;
(VIII)
training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk;
(IX)
developing impaired driving information systems;
(X)
costs associated with a 24–7 sobriety program;
(XI)
testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including—
(aa)
oral fluid screening technologies;
(bb)
electronic warrant programs;
(cc)
equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing;
(dd)
case management software to support the management of impaired driving offenders; and
(ee)
technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;
(XII)
increasing the timely and accurate reporting to Federal, State, and local databases of—
(aa)
crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and
(bb)
impaired driving criminal justice information;
(XIII)
researching and evaluating impaired driving countermeasures; and
(XIV)
funding law enforcement costs related to the enforcement of impaired driving laws, including law enforcement costs associated with enforcing the legal limit for blood alcohol concentration while driving.
(iv)
Definitions
In this subparagraph:
(I)
24–7 sobriety program
The term  24–7 sobriety program  means a State law or program that authorizes a State or local court or an agency with jurisdiction, as a condition of bond, sentence, probation, parole, or work permit, to—
(aa)
require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and
(bb)
require the individual to be subject to testing for alcohol or drugs—
(AA)
at least twice per day at a testing location;
(BB)
by continuous transdermal alcohol monitoring via an electronic monitoring device; or
(CC)
by an alternate method with the concurrence of the Secretary.
(II)
Average impaired driving fatality rate
The term  average impaired driving fatality rate  means the number of motor vehicle crash fatalities in a State that involve a driver with a blood alcohol concentration of at least 0.08 percent per every 100,000,000 vehicle miles traveled in the State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.
(C)
Distracted driving
(i)
In general
Each State shall expend not less than 4 percent of the funds provided under this section to implement effective programs to reduce the prevalence of distracted driving.
(ii)
Eligible activities
Funds required to be expended in accordance with this subparagraph may be used—
(I)
to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;
(II)
for traffic signs that notify drivers about the distracted driving law of the State; and
(III)
for law enforcement costs related to the enforcement of the distracted driving law.
(D)
Motorcyclist safety
(i)
In general
In any case in which a State has an average motorcyclist fatality rate that is greater than 75 percent of the national average, such State shall expend not less than 0.7 percent of the funds provided under this section to implement programs to improve motorcyclist safety.
(ii)
Eligible activities
Funds required to be expended in accordance with this subparagraph may be used only for motorcyclist safety training and motorcyclist awareness programs, including—
(I)
improvements to motorcyclist safety training curricula;
(II)
improvements in program delivery of motorcyclist training to both urban and rural areas, including—
(aa)
procurement or repair of practice motorcycles;
(bb)
instructional materials;
(cc)
mobile training units; and
(dd)
leasing or purchasing facilities for closed-course motorcyclist skill training;
(III)
measures designed to increase the recruitment or retention of motorcyclist safety training instructors;
(IV)
public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including  share-the-road  safety messages; and
(V)
law enforcement costs related to the enforcement of motorcyclist safety laws.
(iii)
Definitions
In this subparagraph:
(I)
Average motorcyclist fatality rate
The term  average motorcyclist fatality rate  means the number of motor vehicle crash fatalities in a State that involve a motorcycle per 100,000 registered motorcycles by State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.
(II)
Motorcyclist awareness
The term  motorcyclist awareness  means individual or collective awareness of—
(aa)
the presence of motorcyclists on or near roadways; and
(bb)
safe driving practices to avoid injury to motorcyclists.
(III)
Motorcyclist awareness program
The term  motorcyclist awareness program  means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State.
(IV)
Motorcyclist safety training
The term  motorcyclist safety training  means a formal program of instruction that is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State.
(E)
Nonmotorist safety
(i)
In general
In any case in which the annual combined nonmotorist fatalities in a State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System, such State shall expend not less than 3 percent of the funds provided under this section to implement programs to improve the safety of nonmotorists.
(ii)
Eligible activities
Funds required to be expended in accordance with this subparagraph may be used for —
(I)
training of law enforcement officials relating to—
(aa)
nonmotorist safety;
(bb)
State laws applicable to nonmotorist safety; and
(cc)
infrastructure designed to improve nonmotorist safety;
(II)
carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorist safety;
(III)
public education and awareness programs designed to inform motorists and nonmotorists regarding—
(aa)
nonmotorist safety, including information relating to nonmotorist mobility and the importance of speed management for the safety of nonmotorists;
(bb)
the value of the use of nonmotorist safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of such equipment;
(cc)
State traffic laws applicable to nonmotorist safety, including the responsibilities of motorists with respect to nonmotorists;
(dd)
the safety of vehicles and nonmotorists stopped at the roadside;
(ee)
infrastructure designed to improve nonmotorist safety; and
(ff)
safe navigation through work zones;
(IV)
the collection of data, and the establishment and maintenance of data systems, relating to nonmotorist traffic fatalities;
(V)
preventing roadside death and injury from crashes involving motor vehicles striking other vehicles and individuals stopped at the roadside through the purchase and deployment of digital alert technology, including hardware purchases, installations, and software subscriptions;
(VI)
nonmotorist safety with respect to emerging micromobility technology issues; and
(VII)
providing on-bicycle education to elementary school and secondary school students.
(iii)
Nonmotorist defined
In this subparagraph, the term  nonmotorist  means—
(I)
a pedestrian, including a roadway worker;
(II)
an individual using a bicycle or other cycle solely propelled by human power, and those than can be propelled by human power and by motor;
(III)
an individual using a device designed for low-speed transportation, personal mobility assistance, or recreation, which can be motorized and human-powered, but not propelled by pedaling; and
(IV)
other nonoccupant road users.
(F)
Speeding
(i)
In general
In any case in which a State has an average speeding fatality rate that is greater than 75 percent of the national average fatality rate, such State shall expend not less than 6.3 percent of the funds provided under this section to implement programs to reduce the prevalence of speeding.
(ii)
Eligible activities
Funds required to be expended in accordance with this subparagraph may be used by a State for—
(I)
high-visibility enforcement efforts;
(II)
educating the public through advertising containing information about the dangers of speeding;
(III)
funding law enforcement costs related to the enforcement of posted speed limits;
(IV)
purchasing and deploying dynamic speed displays and feedback signs that inform motorists about the speed of their vehicle; and
(V)
costs associated with updating roadway signage to reflect the speed limit.
(iii)
Prohibition
A State may not use funds required to be expended in accordance with this subparagraph to purchase or deploy automated traffic enforcement systems that are operated outside of a school zone or work zone.
(iv)
Average speeding fatality rate defined
In this subparagraph, the term  average speeding fatality rate  means the number of motor vehicle crash fatalities in a State that involve speeding per every 100,000,000 vehicle miles traveled in the State, based on the average of the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System.
 ;
(4)
in subsection (c), as so redesignated—
(A)
in paragraph (1)—
(i)
by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively;
(ii)
by inserting after subparagraph (B) the following:
(C)
provide for a statewide plan to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs;
 ;
(iii)
in subparagraph (D), as so redesignated, by striking  40 percent  and inserting  20 percent ; and
(iv)
in subparagraph (G)(ii), as so redesignated, by inserting  distracted driving,  after  impaired driving, ; and
(B)
by inserting after paragraph (2) the following:
(3)
Technical assistance
(A)
In general
The Secretary shall provide technical assistance to States and local governments with respect to improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety data that is needed to identify priorities for highway traffic safety programs, including—
(i)
tracking and analyzing the role of drugs in serious injury and fatal traffic crashes;
(ii)
aligning a State’s data collection system with the Model Minimum Uniform Crash Criteria;
(iii)
assisting local governments in accessing and integrating State safety data into transportation planning; and
(iv)
reporting underride crashes.
(B)
Underride crash defined
In this paragraph, the term  underride crash  means—
(i)
a crash in which a trailer, semitrailer, or single unit truck intrudes into the passenger compartment of a passenger motor vehicle; or
(ii)
a crash in which a vulnerable road user (as the term is defined in section 148(a)), slides under a trailer, semitrailer, or single unit truck.
 ;
(5)
in subsection (d), as so redesignated—
(A)
in paragraph (2)(C)(ii) by striking  2 percent  and inserting  1 percent ; and
(B)
in paragraph (4)(A) by striking  paragraph  and inserting  section ;
(6)
in subsection (m), as so redesignated—
(A)
in paragraph (1)—
(i)
in subparagraph (A)(ii) by inserting  including addressing national priority safety initiatives, if applicable  after  under this subsection ; and
(ii)
in subparagraph (C)—
(I)
by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively;
(II)
by inserting after clause (i) the following:
(ii)
for each national priority safety initiative, a comparison of a State’s achieved safety level with the national average fatality rate and the Secretary’s determination of whether a State shall be subject to a minimum expenditure required under subsection (b);
 ; and
(III)
in clause (iii), as so redesignated, by inserting  including projects and subrecipients that address national priority safety initiatives, if applicable,  after  upcoming grant year ; and
(B)
in paragraph (2)(A) by inserting  and addressing national priority safety initiatives, if applicable  after  of the State ;
(7)
in subsection (n)(2)(B), as so redesignated—
(A)
in clause (ix)—
(i)
by striking  increase  and inserting  increasing ; and
(ii)
by striking  and  at the end;
(B)
by redesignating clause (x) as clause (xi); and
(C)
by inserting after clause (ix) the following:
(x)
increasing teen driver awareness of work zone safety to prevent crashes and reduce injuries and fatalities; and
 ; and
(8)
in subsection (o), as so redesignated, by adding at the end the following:
(3)
Public dashboard
In carrying out paragraph (1), the Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard that displays the following information by fiscal year:
(A)
A detailed analysis of the projects funded by each State in carrying out programs pursuant to subsection (a)(2)(A).
(B)
A detailed analysis of the projects funded by each State in administering State highway safety programs pursuant to subsection (b).
(C)
A detailed analysis of the projects funded nationwide under subsections (a)(2)(A) and (b), respectively.
(D)
Each State’s safety performance targets in each of the preceding 10 years.
(E)
Each State’s achieved safety level for each performance measure in each of the preceding 10 years.
(F)
Each State’s annual activity measure targets in each of the preceding 10 years.
(G)
Each State’s achieved activity level for each activity measure in each of the preceding 10 years.
 .
(b)
National priority safety programs
(1)
Repeal
Section 405 of title 23, United States Code, and the item relating to such section in the analysis for chapter 4 of such title are repealed.
(2)
Conforming amendments
(A)
Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence
Section 164(a)(1) of title 23, United States Code, is amended by striking  section 405(d)(7)(A)  and inserting  section 402(b)(3)(iv)(I) .
(B)
High-visibility enforcement program
Section 404(d)(1) of title 23, United States Code, is amended by striking  sections 402 and 405  and inserting  section 402 .
(C)
General requirements for Federal assistance
Section 406(a) of title 23, United States Code, is amended by striking  section 402 or 405  and inserting  section 402 .
(D)
National priority safety program grant eligibility
Section 4010 of the FAST Act (129 Stat. 1511) is repealed.
(c)
Review of consolidation
(1)
In general
Not later than 4 years after the date of enactment of this Act, the Comptroller General shall conduct a study to assess the efficacy and roadway safety impact of combining the Highway Safety and National Priority Safety grant programs.
(2)
Report
Not later than 4 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study conducted under paragraph (1), including—
(A)
a recommendation on if the Highway Safety and National Priority Safety grant programs should remain consolidated;
(B)
an assessment of whether the grant consolidation described in paragraph (1) coincides with a reduction in roadway crashes, deaths, and injuries; and
(C)
recommendations to improve the transparency and efficacy of the Highway Safety Grant program under section 402 of title 23, United States Code.
4003.
Highway safety research and development
(a)
In general
Section 403 of title 23, United States Code, is amended—
(1)
in subsection (b)(1)—
(A)
in subparagraph (F) by striking  (E)  and inserting  (F) ;
(B)
by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and
(C)
by inserting after subparagraph (D) the following:
(E)
digital infrastructure technologies designed to improve roadway safety and prevent crashes;
 ;
(2)
by striking subsection (h)(5) and inserting the following:
(5)
Report
Not later than 1 year after the date of enactment of the  BUILD America 250 Act , the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on the actions taken by—
(A)
the Administrator in carrying out the collaborative research effort described in paragraph (2) to transfer the research findings and technology developed under this subsection to the automotive manufacturing industry; and
(B)
the National Highway Traffic Safety Administration and the automotive manufacturing industry to deploy the research findings and technology developed under this subsection in consumer-ready vehicles.
 ;
(3)
by redesignating subsections (i) through (m) as subsections (k), (l), (m), (n), and (o), respectively;
(4)
by inserting after subsection (h) the following:
(i)
Marijuana and polysubstance impairment research
(1)
In general
The Secretary shall carry out, in coordination with heads of relevant Federal agencies, a collaborative research effort to—
(A)
study the effect that marijuana and polysubstance impairment has on driving;
(B)
analyze measures to detect and reduce incidences of driving under the influence of marijuana or polysubstance use, utilizing—
(i)
law enforcement training;
(ii)
roadside testing technologies;
(iii)
toxicology labs; and
(iv)
education campaigns; and
(C)
propose evidence-based impairment standards for marijuana or polysubstance use.
(2)
Reports
The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual report that—
(A)
describes the progress made in carrying out the collaborative research effort; and
(B)
includes an accounting for the use of Federal funds obligated or expended in carrying out such effort.
(3)
Polysubstance defined
In this subsection, the term  polysubstance  means consumption by an individual of 2 or more potentially impairing substances simultaneously, or within a short period, including—
(A)
alcohol;
(B)
marijuana;
(C)
prescription medications;
(D)
over-the-counter medications; or
(E)
illicit drugs.
(j)
National drug involved crash data collection system
(1)
Establishment
The Secretary shall establish a national drug involved crash data collection system (in this subsection referred to as the  system ) to—
(A)
collect standardized toxicology data from States for fatal and serious injury crashes;
(B)
link crash data with medical, coroner, hospital, and emergency medical services records; and
(C)
provide model protocols for specimen collection, testing, and reporting.
(2)
Grant authority
In establishing the system, the Secretary may award grants to States to—
(A)
pilot enhanced data collection; and
(B)
support toxicology labs, specimen collection, training, data systems, and data linkage.
(3)
Privacy protections
Any data made available to the public pursuant to this subsection shall be deidentified before such data is made available to the public and used in compliance with Federal and State privacy laws, including the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ), as applicable.
(4)
Report
The Secretary shall—
(A)
analyze trends, substance types, and geographic patterns collected under the system;
(B)
submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual report for each of fiscal years 2027 through 2031 on the results of the analysis under subparagraph (A); and
(C)
make such report publicly available.
(5)
Funding
To carry out this subsection, the Secretary shall obligate from funds made available to carry out this section—
(A)
$20,000,000 for fiscal year 2027;
(B)
$21,000,000 for fiscal year 2028;
(C)
$22,000,000 for fiscal year 2029;
(D)
$23,000,000 for fiscal year 2030; and
(E)
$24,000,000 for fiscal year 2031.
 ;
(5)
in subsection (n), as so redesignated—
(A)
in paragraph (2)(B)(ii)(I) by inserting  via mail or electronically  after  that motor vehicle ; and
(B)
in paragraph (4)(A) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(6)
in subsection (o)(1), as so redesignated, by striking  , other than traffic enforcement,  and inserting  including such countermeasures used in coordination with traffic enforcement .
(b)
Impaired driving technology industry roundtable
(1)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall host an industry roundtable to discuss—
(A)
the latest innovations in in-vehicle technology to prevent alcohol-impaired driving;
(B)
the efforts of the Department to transfer the research findings and technology developed under section 403(h)(2) of title 23, United States Code, to the automotive manufacturing industry; and
(C)
the plans of the Department to educate consumers about the technology.
(2)
Attendees
In hosting the roundtable described under this subsection, the Secretary shall invite—
(A)
representatives of the automotive manufacturing industry;
(B)
representatives of automotive suppliers of vehicle impairment prevention technology;
(C)
highway safety researchers;
(D)
victims and survivors of impaired driving crashes;
(E)
representatives of the vehicle insurance industry;
(F)
representatives of the alcohol industry; and
(G)
representatives of anti-impaired driving advocacy organizations.
(3)
Consideration
In carrying out the report under section 403(h)(5) of title 23, United States Code (as amended by this Act), the Secretary shall consider the findings of the roundtable hosted under this subsection.
(c)
Briefing
Not later than 15 days after the submission of the report required under section 403(h)(5) of title 23, United States Code (as amended by this Act), the Secretary shall brief the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the contents of the report.
(d)
Implementation timeline
(1)
Model protocols
Not later than 1 year after the date of enactment of this Act, the Secretary shall publish the model protocols required pursuant to section 403(j)(1)(C) of title 23, United States Code (as amended by this Act).
(2)
Submission of data
Not later than 3 years after the date of enactment of this Act, the Secretary shall ensure that the system established under subsection (j) of section 403 of title 23, United States Code (as amended by this Act), has begun collecting standardized toxicology data from States for fatal and serious injury crashes pursuant to paragraph (1)(A) of such subsection.
4004.
High-visibility enforcement program
(a)
In general
Section 404 of title 23, United States Code, is amended—
(1)
in subsection (a) by striking  2022 through 2026  and inserting  2027 through 2031 ;
(2)
in subsection (b) by adding at the end the following:
(3)
Reduce motor vehicle speeding in excess of the posted speed limit.
 ;
(3)
by redesignating subsection (f) as subsection (i); and
(4)
by inserting after subsection (e) the following:
(f)
School bus safety campaign
(1)
In general
The Secretary shall establish and implement a public safety messaging campaign that uses public safety media messages, posters, digital media messages, and other media messages distributed to States, State departments of motor vehicles, schools, and other public outlets to—
(A)
highlight the importance of addressing the illegal passing of school buses; and
(B)
educate students and the public regarding the safe loading and unloading of school buses.
(2)
Consultation
In carrying out paragraph (1), the Secretary shall consult with—
(A)
representatives of the school bus industry from the public and private sectors;
(B)
State highway safety offices; and
(C)
any other stakeholder determined appropriate by the Secretary.
(3)
Requirements
In producing and distributing the national public safety messaging campaign under paragraph (1), the Secretary shall—
(A)
include television advertising and advertising time on key national broadcasts with a wide audience as part of the campaign;
(B)
include radio, social media, and edge service advertising as part of the campaign; and
(C)
ensure that the campaign is not limited to digital downloads or regional distribution.
(4)
Updates
The Secretary shall periodically update the materials used in the campaign under paragraph (1).
(5)
Advertising
The Secretary may use, or authorize the use of, funds made available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and internet-based outreach for the education campaign under paragraph (1).
(g)
Car seat safety campaign
(1)
In general
Not later than 1 year after the date of enactment of the  BUILD America 250 Act , the Secretary of Transportation shall carry out an education campaign on the dangers associated with noncompliant or counterfeit child restraint systems, including—
(A)
information on car seats and booster seats that do not meet Federal safety standards under sections 571.213 and 571.213b of title 49, Code of Federal Regulations, or any successor regulations; and
(B)
methods for identifying and avoiding such systems.
(2)
Advertising
The Secretary may use, or authorize the use of, funds made available to carry out this section to pay for the development, production, and use of broadcast, print, and digital advertising and outreach for the education campaign under paragraph (1).
(3)
Coordination
In carrying out the education campaign under paragraph (1), the Secretary shall coordinate with—
(A)
interested State and local governments;
(B)
private industry; and
(C)
other parties, as determined by the Secretary.
(h)
Traffic safety enforcement center of excellence
(1)
Establishment
Not later than 2 years after the date of enactment of the  BUILD America 250 Act , the Secretary shall establish, in coordination with relevant Federal agencies, a Traffic Safety Enforcement Center of Excellence (referred to in this subsection as the  Center ).
(2)
Purpose
The purpose of the Center shall be to provide technical assistance to State highway safety offices and law enforcement agencies on maximizing efficient and effective traffic safety enforcement of hazardous driving behaviors to reduce fatalities and injuries on public roads.
(3)
Partnerships
In establishing the Center, the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or public or private research entity.
(4)
Duties
The duties of the Center shall include—
(A)
providing State highway safety offices and law enforcement agencies with expertise, tools, and support relating to traffic safety enforcement;
(B)
promoting evidence-based strategies and best practice protocols for enforcement against hazardous driving, including targeted, cost-effective drunk-driving patrols, alcohol- and drug-impaired driving, speeding, and distracted driving enforcement, and coordinated traffic safety campaigns proven to reduce roadway fatalities and injuries;
(C)
assisting State highway safety offices and law enforcement agencies with—
(i)
using real-time data systems to identify high-crash corridors and target enforcement resources in the most efficient manner, including by delivering standardized training;
(ii)
assessing current enforcement practices and identifying gaps in enforcement; and
(iii)
leveraging programs under section 402 by providing technical assistance on program development and outcome measurement tools;
(D)
assessing and demonstrating new roadside technologies, data-driven deployment models, and enforcement strategies, and sharing the results of such assessments and demonstrations to increase adoption of effective tools; and
(E)
collaborating with, and providing support on, traffic safety enforcement to all operating administrations of the Department.
(5)
Funding
The Secretary shall obligate from funds made available to carry out this section for fiscal years 2027 through 2031 not more than $5,000,000 to establish the Center.
 .
(b)
Report on staffing needs
Not later than 90 days after the date of enactment of this Act, the Secretary shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee of Commerce, Science, and Transportation of the Senate on staffing needs and the staffing plan for the Traffic Safety Enforcement Center of Excellence established under section 404(h) of title 23, United States Code (as added by this section), including a plan to appoint detailees from relevant modal operating administrations to support the staff of such Center of Excellence.
(c)
Conforming amendment
Section 24110 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 402  note) is amended by striking subsection (b).
4005.
Protection of safety data
Section 407 of title 23, United States Code, is amended—
(1)
by striking  compiled or collected  and inserting  that are compiled, collected, or provided by a unit of State or local government ;
(2)
by inserting  or for the purpose of developing and implementing a State strategic highway safety plan (as such term is defined in section 148(a))  after  crossings ;
(3)
by inserting  134, 135,  before  144, ; and
(4)
by striking  developing any highway  and inserting  developing or planning for any highway .
4006.
Annual reporting requirements
(a)
In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall review the implementation of section 1300.35(b) of title 23, Code of Federal Regulations, to ensure the administrative burden is appropriate relative to the amount of Federal funding provided.
(b)
Briefing
Not later than 1 year after the date of enactment of this Act, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the review conducted under subsection (a).
(c)
Savings clause
Nothing in subsection (a) shall be construed to direct the Secretary to change the substance of the reporting requirements in section 1300.35(b) of title 23, Code of Federal Regulations.
4007.
Coordination of Federal highway and traffic safety programs
(a)
Improved alignment of program requirements and timelines
The Secretary shall, in coordination with State departments of transportation and State highway safety offices, take such actions, consistent with statute, to enhance roadway safety through improving coordination and data sharing between—
(1)
the Highway Safety Improvement Program under section 148 of title 23, United States Code;
(2)
the highway safety grant programs administered by the National Highway Traffic Safety Administration under section 402 of title 23, United States Code; and
(3)
the Highway Performance Monitoring System.
(b)
Requirements
In carrying out subsection (a), the Secretary shall—
(1)
promote a unified, data-driven approach to the reduction and elimination of traffic fatalities and serious injuries;
(2)
better align Federal program requirements, planning cycles, and reporting timelines to reduce administrative burden on States;
(3)
increase flexibility for States to achieve approved State Strategic Highway Safety Plans and Highway Safety Plans performance targets; and
(4)
ensure that data collection, analysis, and reporting requirements meaningfully contribute to safety outcomes.
(c)
Actions to reduce administrative burden
In carrying out this section, the Secretary shall—
(1)
evaluate and revise administrative and reporting requirements under the programs described in subsection (a) to ensure that such requirements—
(A)
meaningfully contribute to safety outcomes; and
(B)
appropriately use Federal funds.
(2)
conduct an objective analysis, in consultation with State departments of transportation and State highway safety offices, of the cost estimates and burden impacts of planning, coordination, and public engagement requirements, including such requirements related to data collection, Federal interagency coordination, and target setting, and update such cost estimates based on actual State experiences;
(3)
review and revise, as appropriate, performance target-setting and compliance procedures consistent with the statutory requirement for States to establish safety performance targets; and
(4)
ensure the protection of data, analyses, reports, and related materials submitted by States pursuant to section 148(h) of title 23, United States Code, from legal discovery or use in liability proceedings, to the maximum extent permitted under Federal law.
(d)
Report to Congress
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate a summary report of the findings under subsection (c).
(e)
Savings clause
Nothing in this section shall be construed to direct the Secretary to alter or amend the content of the performance targets associated with any of the programs described in subsection (a).
4008.
Highway safety program effectiveness transportation rulemaking committee
(a)
Establishment
Not later than 2 years after the date of enactment of this Act, the Secretary shall establish a transportation rulemaking committee, and designate such committee pursuant to section 102(k) of title 49, United States Code, to—
(1)
analyze the efficiency and effectiveness of the administration of highway safety grants under  chapter 4  of title 23, United States Code; and
(2)
recommend regulatory changes to promote a unified, data-driven approach to the reduction and elimination of traffic fatalities and serious injuries under part 1200 of title 23, Code of Federal Regulations.
(b)
Membership
The transportation rulemaking committee established under subsection (a) shall consist of the following members appointed by the Secretary:
(1)
Traffic safety industry professionals.
(2)
Representatives from up to 4 State highway safety offices from different geographic regions.
(3)
Roadway safety advocates, including—
(A)
at least 1 representative of an anti-impaired driving advocacy organization;
(B)
at least 1 representative of a general roadway safety advocacy organization;
(C)
at least 1 representative of a nonmotorized safety advocacy organization; and
(D)
at least 1 representative of a motorcyclist safety advocacy organization.
(4)
At least 1 representative of a State law enforcement organization.
(5)
At least 1 member of local government or a local government advocacy organization.
(c)
Report
Not later than 1 year after the date on which the transportation rulemaking committee under subsection (a) is established, the transportation rulemaking committee shall submit to the Secretary a report detailing the findings and recommendations developed under subsection (a), including recommendations to—
(1)
streamline review and approval procedures of State highway safety plans under subpart B of part 1200 of title 23, Code of Federal Regulations; and
(2)
reduce the administrative resources necessary for compliance with grant requirements under subpart D of such part.
(d)
Recommendations
Not later than 90 days after the date on which the Secretary receives the report under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1)
a summary of the findings and recommendations under the report, including—
(A)
if applicable, any dissenting positions on the findings and the rationale for each position; and
(B)
any disagreements with the recommendations, including the rationale for each disagreement and the reasons for the disagreement; and
(2)
for each recommendation—
(A)
the Secretary intends to implement, a description of the implementation plan of the Secretary and timeline for implementation; and
(B)
the Secretary does not intend to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
4009.
Establishment of roadway worker protection interagency working group
(a)
Establishment
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish or designate an interagency working group to make recommendations regarding the protection of roadway workers.
(b)
Membership
The interagency working group under subsection (a) shall be comprised of representatives from—
(1)
the Federal Highway Administration;
(2)
the National Highway Traffic Safety Administration;
(3)
the Occupational Safety and Health Administration; and
(4)
such other Federal agencies as the Secretary determines appropriate.
(c)
Duties
The interagency working group under subsection (a) shall—
(1)
review and analyze any limitations regarding data collection for fatal and non-fatal motor vehicle crashes in work zones; and
(2)
provide recommendations to—
(A)
address any limitations in data collection identified under paragraph (1);
(B)
increase the use and effectiveness of work zone safety contingency funds;
(C)
encourage local adoption of the Model Minimum Uniform Crash Criteria;
(D)
improve local data sharing on work zone crashes with the National Highway Traffic Safety Administration; and
(E)
update educational materials and public awareness campaigns to improve work zone safety.
(d)
Consultation
In conducting the activities under subsection (c), the interagency working group shall consult with—
(1)
State transportation officials;
(2)
non-governmental entities, including—
(A)
roadway contractors;
(B)
roadway pavers;
(C)
roadway engineers;
(D)
representatives from labor organizations representing transportation workers; and
(E)
traffic safety industry professionals; and
(3)
any other stakeholders the Secretary determines appropriate.
(e)
Report
Not later than 1 year after the date on which the interagency working group is established under subsection (a), the interagency working group shall submit to the Secretary a report on the recommendations of the working group based on the identification and analysis under subsection (c).
(f)
Recommendations
Not later than 90 days after the date on which the Secretary receives the report under subsection (d), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Environment and Public Works of the Senate—
(1)
a summary of the findings and recommendations under the report; and
(2)
for each recommendation—
(A)
the Secretary intends to implement, a description of the implementation plan of the Secretary and timeline for implementation; and
(B)
the Secretary does not intend to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
(g)
Termination
The interagency working group under subsection (a) shall terminate on the date that is 180 days after the date on which the Secretary receives the report under subsection (e).
4010.
Motorcycle Advisory Council
Section 355(e) of title 49, United States Code, is amended to read as follows:
(e)
Sunset
The Council shall terminate on October 1, 2031.
 .
4011.
Motorcycle checkpoint funding
Section 4007 of the FAST Act ( 23 U.S.C. 153  note) is amended—
(1)
in paragraph (1) by striking  or  at the end;
(2)
in paragraph (2) by striking the period at the end and inserting  ; or ; and
(3)
by adding at the end the following new paragraph:
(3)
that otherwise profiles and stops motorcycle operators or motorcycle passengers solely on the basis of the mode of transportation of such operators or passengers.
 .
4012.
Pulsating light systems
(a)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall convene a transportation rulemaking committee, and designate such committee pursuant to section 102(k) of title 49, United States Code, to consider—
(1)
whether pulsating light systems are compliant with Federal Motor Vehicle Safety Standard Number 108, contained in section 571.108 of title 49, Code of Federal Regulations; and
(2)
if there is sufficient evidence to demonstrate pulsating light systems reduce traffic crashes and associated deaths and injuries resulting from traffic crashes.
(b)
Membership
The transportation rulemaking committee established under subsection (a) shall consist of members appointed by the Secretary, including—
(1)
automotive industry professionals;
(2)
experts in human distraction and attention;
(3)
experts in vehicle technology safety;
(4)
highway safety professionals; and
(5)
other stakeholders the Secretary determines appropriate.
(c)
Report
Not later than 1 year after the date on which the transportation rulemaking committee under subsection (a) is established, the transportation rulemaking committee shall submit to the Secretary a report detailing the findings and recommendations developed under subsection (a), including a determination on if changes to Federal Motor Vehicle Safety Standard 108 are warranted and, if so determined, recommendations for such changes.
(d)
Recommendations
Not later than 90 days after the date on which the Secretary receives the report under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1)
a summary of the findings and recommendations under the report; and
(2)
for each recommendation—
(A)
the Secretary intends to implement, a description of the implementation plan of the Secretary and timeline for implementation; and
(B)
the Secretary does not intend to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
(e)
Pulsating light system defined
In this section, the term  pulsating light system  means a system for a high-mounted stop lamp in which—
(1)
when the brake of the vehicle is applied, the lamp pulses rapidly not more than 4 times and for not more than 1.2 seconds, after which such lamp converts to a continuous light as a normal stop lamp until the time such brake is released; and
(2)
the pulses described in paragraph (1) do not repeat upon a subsequent application of the brake of the vehicle for a lock-out period of at least 5 seconds after the release of the brake described in paragraph (1).
4013.
Minimally obstructed forward-facing view in motorcoaches
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall prescribe motor vehicle safety standards to require that all new covered motorcoaches manufactured for sale in the United States have a minimally obstructed forward-facing view from the driver’s seat of the covered motorcoach.
(b)
Exception
In prescribing motor vehicle safety standards under subsection (a), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall ensure that a covered motorcoach satisfies such standards if the covered motorcoach utilizes a camera or other technological means—
(1)
to allow for a minimally obstructed forward-facing view from the driver’s seat of the covered motorcoach that expands the range of the forward-facing view of the driver or provides a view of an obstructed area; and
(2)
that complies with Standard 101.
(c)
Definitions
In this section:
(1)
Covered motorcoach
The term  covered motorcoach  has the meaning given the term  bus  in section 571.3(b) of title 49, Code of Federal Regulations.
(2)
Standard 101
The term  Standard 101  means Federal Motor Vehicle Safety Standard Number 101, contained in section 571.101 of title 49, Code of Federal Regulations.
4014.
Revision of student safety guidelines
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall revise the Highway Safety Program Guideline Number 14 to encourage nonmotorist safety education for elementary and secondary school students. In revising the guidelines, the Secretary shall ensure that such guidelines—
(1)
encourage on-bicycle training that promotes bicycling skills and safe practices;
(2)
increase awareness and proficiency in navigating roadways;
(3)
emphasize traffic rules;
(4)
describe safety precautions; and
(5)
emphasize the importance of helmet use.
(b)
Consultation and dissemination
In carrying out the revision under subsection (a), the Secretary shall—
(1)
consult with practitioners involved in nonmotorist safety education efforts to update any existing nonmotorist safety materials and curriculum for elementary and secondary schools; and
(2)
disseminate new model curriculum and guidelines on nonmotorist safety education for elementary and secondary school students to State educational agencies.
(c)
Report required
Not later than 2 years after the Secretary revises guidelines under subsection (a), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on—
(1)
the status of implementation of the updated guidelines described in subsection (a), including—
(A)
any materials and curriculum revised under this section; and
(B)
a process for tracking implementation;
(2)
consultation efforts to revise such guidelines and related materials; and
(3)
efforts to disseminate the guidance to State educational agencies, including training efforts and promotion, including opportunities for States to share implementation challenges and successes.
4015.
Micromobility safety
(a)
Study
Not later than 2 years after the date of enactment of this Act, the Secretary shall conduct a study on the safety of micromobility transportation devices and technology, with a focus on children and young adults.
(b)
Considerations
In conducting the study under paragraph (1), the Secretary shall consider the following:
(1)
Relevant crash data, including the micromobility transportation device and technology type and speed involved in a crash, the type of infrastructure on which a crash occurred, and, if vehicles were involved in such crashes, the speed of such vehicles.
(2)
State laws that may govern operator age, helmet use, insurance, or registration requirements.
(3)
How different micromobility transportation devices and technologies impact safety, including—
(A)
motor power of the technology or device; and
(B)
maximum speed of the technology or device on a paved level surface when powered solely by a motor.
(4)
Consumer education efforts on how nonmotorized road users may safely navigate streets.
(c)
Report
The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that details the findings of the study conducted under subsection (a).
(d)
Micromobility transportation device and technology defined
In this section, the term  micromobility transportation device and technology  means a small, low-speed, personal transportation device, including a device defined under section 217(j)(2)(A) of title 23, United States Code, that is—
(1)
electric or human-powered;
(2)
primarily used for a short-distance trip or urban travel; and
(3)
has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by a motor.
4016.
GAO study on highway safety data quality
(a)
Study
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct a study on the quality of highway safety data collected and utilized for programs administered by the Secretary under title 23, United States Code, including an evaluation of the accuracy and consistency of data reported to the Fatality Analysis Reporting System (in this section referred to as the  FARS ).
(b)
Considerations
In conducting the study required under subsection (a), the Comptroller General shall review—
(1)
highway safety data reporting requirements and timelines;
(2)
State and local law enforcement agency compliance with FARS reporting requirements, including level of adoption of the most recent Model Minimum Uniform Crash Criteria guidelines;
(3)
processes undertaken by States and local law enforcement agencies to collect and report data to FARS, including underride crash data and potential inconsistencies in identifying underride crashes;
(4)
the oversight mechanisms of the Secretary for data collection and quality assurance of State-submitted safety data, including protocols for—
(A)
evaluating the accuracy, completeness, uniformity, integration, and accessibility of highway safety data;
(B)
identifying and correcting errors in State-submitted safety data; and
(C)
verifying reported data on underride crashes, including underride crashes that involve a vulnerable road user;
(5)
reliability, transparency, and accountability in the use of predictive analytics, telematics, and other data-driven tools used to collect highway safety data;
(6)
data security measures and protections for personally identifiable information in highway safety data systems;
(7)
adherence to information dissemination quality guidelines;
(8)
the effects of data quality on the ability of the Secretary to assess State safety performance targets, including such targets linked to Federal funding; and
(9)
the potential effects of FARS underride crash data quality on related National Highway Traffic Safety Administration activities.
(c)
Consultation
In conducting the study required under subsection (a), the Comptroller General shall consult with relevant stakeholders, including—
(1)
State departments of transportation;
(2)
State highway safety offices;
(3)
a non-profit scientific and educational organization focused on improving highway safety and reducing roadway deaths;
(4)
representatives of roadway safety advocacy organizations, including representatives of motor carrier safety organizations;
(5)
local law enforcement;
(6)
the National Highway Traffic Safety Administration; and
(7)
any other relevant stakeholders, as determined by the Comptroller General.
(d)
Report
Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a) and any associated recommendations.
V
Motor Carriers
A
General Provisions
5001.
Authorization of appropriations
(a)
Financial assistance programs
Section 31104 of title 49, United States Code, is amended by striking subsection (a) and inserting the following:
(a)
Financial assistance programs
There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)—
(1)
subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority program under subsection (l) of such section)—
(A)
$435,000,000 for fiscal year 2027;
(B)
$446,500,000 for fiscal year 2028;
(C)
$456,000,000 for fiscal year 2029;
(D)
$467,000,000 for fiscal year 2030; and
(E)
$478,000,000 for fiscal year 2031;
(2)
subject to subsection (c), to carry out the high priority program under section 31102(l) (other than the commercial motor vehicle enforcement training and support grant program under paragraph (5) of such section)—
(A)
$66,000,000 for fiscal year 2027;
(B)
$69,000,000 for fiscal year 2028;
(C)
$72,000,000 for fiscal year 2029;
(D)
$75,000,000 for fiscal year 2030; and
(E)
$78,000,000 for fiscal year 2031;
(3)
to carry out the multiyear commercial motor vehicle enforcement training and support grant program under section 31102(l)(5), $5,000,000 for each of fiscal years 2027 through 2031;
(4)
to carry out the commercial motor vehicle operator safety training grant program under section 31103, $5,000,000 for each of fiscal years 2027 through 2031; and
(5)
subject to subsection (c), to carry out the financial assistance program for commercial driver’s license implementation under section 31313—
(A)
$48,000,000 for fiscal year 2027;
(B)
$51,000,000 for fiscal year 2028;
(C)
$53,000,000 for fiscal year 2029;
(D)
$54,000,000 for fiscal year 2030; and
(E)
$56,000,000 for fiscal year 2031.
 .
(b)
Administrative expenses
Section 31110 of title 49, United States Code, is amended by striking subsection (a) and inserting the following:
(a)
Administrative expenses
There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to pay administrative expenses of the Federal Motor Carrier Safety Administration—
(1)
$400,000,000 for fiscal year 2027;
(2)
$407,500,000 for fiscal year 2028;
(3)
$417,000,000 for fiscal year 2029;
(4)
$426,000,000 for fiscal year 2030; and
(5)
$435,000,000 for fiscal year 2031.
 .
5002.
Improvements to enforcement training and support grant program
(a)
In general
Section 31102(l)(5)(B) of title 49, United States Code, is amended to read as follows:
(B)
Purposes
The purposes of the grant program under subparagraph (A) are—
(i)
to train non-Federal employees who—
(I)
conduct commercial motor vehicle enforcement activities; or
(II)
instruct and train non-Federal employees described in subclause (I); and
(ii)
to develop related training materials.
 .
(b)
Inspector standards
Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall issue such regulations as are necessary to revise part 385 of title 49, Code of Federal Regulations, to incorporate by reference the relevant certification and training standards for roadside inspectors and instructors issued by the Commercial Vehicle Safety Alliance as of the date of enactment of this Act.
5003.
Maintenance of effort
Section 31102(f)(2) of title 49, United States Code, is amended—
(1)
in the paragraph heading by striking
after fiscal year 2017  ; and
(2)
by striking  baseline after the year in which the Secretary implements a new allocation formula under section 5106 of the FAST Act, and this  and inserting  . This .
5004.
Amendments to commercial motor vehicle operators grant program
(a)
In general
Section 31103 of title 49, United States Code, is amended—
(1)
by striking the section heading and inserting
Commercial motor vehicle operator safety training grant program  ; and
(2)
by adding at the end the following:
(d)
High quality training providers
The Secretary may develop additional quality and performance metrics to identify and prioritize awards to high quality training providers.
(e)
Behind the wheel training hours set aside
Of the total amount made available to carry out the program under this section for each fiscal year, not less than 50 percent shall be awarded for entities that require—
(1)
Class A commercial driver’s license driver-trainees to receive a minimum of 30 hours of behind-the-wheel training, with a minimum of 10 hours on a driving range; and
(2)
Class B commercial driver’s license driver-trainees to receive a minimum of 15 hours of behind-the-wheel training, with a minimum of 7 hours of public road driving.
(f)
Eligible entities
Only entities listed on the State employment and training provider list maintained under section 122 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152 ) shall be eligible to receive funding under this section.
 .
(b)
Conforming amendment
The analysis for  chapter 311  of title 49, United States Code, is amended by striking the item relating to section 31103 and inserting the following:
31103. Commercial motor vehicle operator safety training grant program.
  .
5005.
Terms and conditions for exemptions
Section 31315 of title 49, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (4)(A) by inserting  , including data submission requirements,  after  terms and conditions ; and
(B)
by striking paragraph (8) and inserting the following:
(8)
Terms and conditions
(A)
In general
The Secretary shall establish terms and conditions for each exemption to ensure that the exemption will not likely degrade the level of safety achieved by the person or class of persons granted the exemption and allow the Secretary to evaluate whether an equivalent level of safety is maintained while the person or class of persons is operating under such exemption.
(B)
Requirements
The terms and conditions established under this section shall require—
(i)
the regular submission of relevant accident and incident data to the Secretary;
(ii)
immediate notification to the Secretary in the event of a crash that results in a fatality or serious bodily injury; and
(iii)
each person or class of persons operating under an exemption to maintain and produce upon inspection, either physically or electronically, official documentation from the Federal Motor Carrier Safety Administration of each exemption under which they are operating.
(C)
Implementation
The Secretary shall monitor the implementation of the exemption to ensure compliance with the terms and conditions of such exemption.
 ; and
(2)
in subsection (e) by inserting  , based on an analysis of data collected by the Secretary and submitted to the Secretary under subsection (b)(8)  after  safety .
5006.
Broker qualifications
(a)
Final rule
Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule implementing the requirements described in sections 13903(c) and 13904(c) of title 49, United States Code,   relating to experience or qualifications for officers of freight brokers and freight forwarders.
(b)
Report
Not later than 1 year after the date of enactment of this Act, and at least once every 6 months until the final rule required under subsection (a) is issued, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the rulemaking required under subsection (a).
5007.
Motor carrier complaints
Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations of the Comptroller General in the report titled  Motor Carrier Operations: Improvements Needed to Federal System for Collecting and Addressing Complaints against Truck, Moving, and Bus Companies , issued on September 19, 2023 (GAO–23–105972), by—
(1)
making all categories of complaint data public, as appropriate;
(2)
updating complaint review guidance;
(3)
ensuring the complaint website follows leading practices; and
(4)
developing an outreach plan for the complaint website.
5008.
Cabotage study
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall seek to enter into appropriate arrangements with the Transportation Research Board of the National Academies to conduct a study of the safety and economic impacts of cabotage violations using commercial motor vehicles.
(b)
Consultation
In conducting the study described in subsection (a), the Transportation Research Board shall consult with—
(1)
representatives of the motor carrier industry, including owner-operators;
(2)
representatives of law enforcement agencies;
(3)
labor organizations representing commercial motor vehicle drivers; and
(4)
such other stakeholders as the Transportation Research Board determines to be relevant.
B
Commercial Motor Vehicle Operators
5101.
Predatory commercial motor vehicle lease-purchase agreement programs oversight
(a)
In general
Section 14102 of title 49, United States Code, is amended by adding at the end the following:
(c)
Disclosure form
(1)
In general
The Secretary shall require a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 that uses motor vehicles not owned by such carrier to transport property under an arrangement with another party to provide a disclosure form to each party entering into such arrangement.
(2)
Contents
The disclosure form under paragraph (1) shall include, at a minimum, information on—
(A)
weekly compensation for drivers;
(B)
average weekly mileage and the schedule for drivers;
(C)
the number of drivers who enter into the arrangement each year;
(D)
the number of drivers who complete the lease term;
(E)
the number of drivers who buy out a truck; and
(F)
the average for each deduction category in settlements, including fuel, insurance, registration, maintenance, and escrow.
(3)
Template
The Secretary shall publish and periodically update a disclosure form template on a website of the Federal Motor Carrier Safety Administration.
(d)
Public awareness campaign
(1)
In general
The Secretary may carry out a public awareness campaign to increase awareness of how standard lease-purchase programs work, including distributing information related to—
(A)
data on driver pay and experiences; and
(B)
the prevalence of predatory commercial motor vehicle lease-purchase agreement programs.
(2)
Predatory commercial motor vehicle lease-purchase agreement program defined
In this subsection, the term  predatory commercial motor vehicle lease-purchase agreement program  means the framework of the motor carrier-driver relationship, including the lease-purchase agreement, the contract for the driver’s work for the motor carrier, and the practices of the motor carrier in implementing the contracts that are not provided in the contract, including the motor carrier’s recruitment practices, operational practices, and tax and finance practices, whereby the motor carrier controls the work, compensation, and debts of the driver, and the driver accrues no equity or is forced to give up equity accrued in the contracted truck.
(e)
Prohibition on predatory commercial motor vehicle lease-purchase agreement programs
Not later than 2 years after the date of enactment of this subsection, the Secretary shall issue regulations to prohibit the use of predatory commercial motor vehicle lease-purchase programs by motor carriers providing transportation subject to jurisdiction under subchapter I of chapter 135.
 .
(b)
Regulations
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to require motor carriers offering lease-purchase programs to maintain detailed records on the outcomes of such programs, including information described in section 14102(c) of title 49, United States Code (as added by this section).
5102.
Restroom access
(a)
Restroom access for drivers
(1)
In general
Subchapter I of  chapter 141  of title 49, United States Code, is amended by adding at the end the following:
14105.
Restroom access for drivers
(a)
In general
A covered driver shall be granted access to any covered restroom facility at any covered establishment to which such driver—
(1)
delivers any goods or cargo to such covered establishment; or
(2)
is waiting at such covered establishment to transport goods or for cargo to be loaded.
(b)
Rule of construction
Nothing in this section shall be construed to require a covered establishment to make any physical changes to a covered restroom facility to be in compliance with this section.
(c)
Definitions
In this section:
(1)
Covered driver
The term  covered driver  means any commercial motor vehicle operator with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502.
(2)
Covered establishment
The term  covered establishment —
(A)
means—
(i)
a place of business open to the general public for the sale of goods or services; and
(ii)
a shipper, receiver, manufacturer, warehouse, distribution center, or any other business entity that is receiving or sending goods by commercial motor vehicle; and
(B)
does not include any structure such as a filling station, service station, or restaurant of 800 square feet or less that has a restroom located within such structure that is only intended for use by employees.
(3)
Covered restroom facility
The term  covered restroom facility  means a restroom located on the premises of a covered establishment that is intended for use by customers or employees of the establishment and that is—
(A)
located in an area where providing access would not create an obvious health or safety risk to a covered driver; and
(B)
located in an area where providing access would not pose an obvious security risk to the covered establishment.
 .
(2)
Clerical amendment
The analysis for  chapter 141  of title 49, United States Code, is amended by inserting after the item relating to  section 14104  the following new item:
14105. Restroom access for drivers.
  .
(b)
Restroom access for drayage truck operators
(1)
In general
A terminal operator shall provide a sufficient number of covered restrooms for use by covered drayage truck operators in areas of the terminal to which such operators typically have access.
(2)
Requirements
To be in compliance with paragraph (1), a terminal operator shall provide—
(A)
access to existing restrooms for covered drayage truck operators when such operators are on port property and when such access does not pose an obvious safety risk to such truck operators and other employees of the terminal operator in the area; and
(B)
a place for covered drayage truck operators to park vehicles while accessing such restrooms.
(3)
Definitions
In this subsection:
(A)
Covered drayage truck operator
The term  covered drayage truck operator  means the driver of any in-use on road vehicle with a gross vehicle weight rating of greater than 33,000 pounds operating on or moving through port or intermodal rail yard property for the purpose of loading, unloading, or transporting cargo, including containerized, bulk, or break-bulk goods.
(B)
Covered restroom
The term  covered restroom  means a restroom or portable chemical toilet that is located in an area that does not pose an obvious health or safety risk to a covered drayage truck operator.
(C)
Terminal operator
The term  terminal operator —
(i)
means the business entity operating a marine terminal for loading and unloading cargo to and from marine vessels; and
(ii)
includes the port authority if the port is directly operating the marine terminal in loading and unloading cargo to and from marine vessels.
5103.
Application of commercial motor vehicle safety
(a)
Definitions
Section 31301(14) of title 49, United States Code, is amended—
(1)
by striking  and  and inserting a comma; and
(2)
by inserting  , the United States Virgin Islands, and Puerto Rico  before the period.
(b)
Penalty
Section 165(c) of title 23, United States Code, is amended by adding at the end the following:
(8)
Penalty
The amounts treated as being apportioned to the United States Virgin Islands under this subsection shall be deemed to be required to be apportioned to the United States Virgin Islands under section 104(b) for purposes of the imposition of any penalty under this title or title 49.
 .
(c)
Implementation
The Administrator of the Federal Motor Carrier Safety Administration shall assist the United States Virgin Islands and Puerto Rico in obtaining full compliance with  chapter 313  of title 49, United States Code, and regulations adopted under such chapter.
(d)
Grace period
Notwithstanding section 31311(a) of title 49, United States Code, during the period beginning on the date of enactment of this Act and ending on the date that is 5 years after such date of enactment, the United States Virgin Islands and Puerto Rico shall not be subject to a withholding of an apportionment of funds under section 31314 of title 49, United States Code, for failure to comply with any requirement under section 31311(a) of such title.
(e)
Exception
Puerto Rico may issue a commercial driver’s license to an applicant unable to comply with the requirements under paragraph (5) of subsection (c) of section 383.133 of title 49, Code of Federal Regulations (or any successor regulation), provided any commercial driver’s license issued by Puerto Rico under this exception shall be—
(1)
valid only in Puerto Rico; and
(2)
not transferable to any other State.
5104.
Extension of apprenticeship pilot program
Section 23022 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) is amended—
(1)
in subsection (b)(3) by inserting  , including the transportation of goods to and from a port,  after  interstate commerce  each place it appears;
(2)
in subsection (c)—
(A)
by striking  the date that is 3 years after the date of establishment of the pilot program under subsection (b)(1)  and inserting  September 30, 2031 ; and
(B)
by inserting  , including the transportation of goods to and from a port,  after  interstate commerce ;
(3)
by redesignating subsections (g), (h), and (i), as subsections (h), (i), and (j), respectively; and
(4)
by inserting after subsection (f) the following:
(g)
Savings clause
Notwithstanding any other provision of law, the Secretary may not condition employer or driver participation in the apprenticeship program on any factors not included in this section.
 .
5105.
Codification of exemption
(a)
In general
A covered livestock hauling vehicle, including the individual operating such vehicle, shall be exempt from—
(1)
any requirement relating to hours of service, within a 150 air-mile radius from the final destination of the livestock, as established under—
(A)
subchapter III of  chapter 311  of title 49, United States Code; or
(B)
 chapter 315  of title 49, United States Code; and
(2)
any requirement relating to electronic logging devices established under section 31137 of title 49, United States Code.
(b)
Documentation
The Secretary shall require that each exempt operator maintain and produce upon inspection, either physically or electronically, official documentation from the Federal Motor Carrier Safety Administration of each exemption under which they are operating.
(c)
Definitions
In this section:
(1)
Commercial motor vehicle
The term  commercial motor vehicle  has the meaning given such term in section 31132 of title 49, United States Code.
(2)
Covered livestock hauling vehicle
The term  covered livestock hauling vehicle  means—
(A)
a commercial motor vehicle transporting livestock; or
(B)
an unladen commercial motor vehicle en route to pick up livestock or returning from transporting livestock, as long as the commercial motor vehicle does not involve transporting any non-livestock cargo and the sole purpose of the trip is to make a pick-up or delivery of livestock.
(3)
Livestock
The term  livestock  means livestock (as such term is defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 )), including insects.
5106.
Modernization of farm-related service industries restricted commercial driver’s licenses
(a)
Online renewal system
Not later than 1 year after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to amend section 383.3(f)(3)(ii) of title 49, Code of Federal Regulations (or any successor regulation), to allow each State to develop and make available an online registration and renewal system for eligible employees in farm-related service industries participating in the seasonal restricted commercial driver’s license program.
(b)
Definitions
In this section:
(1)
Eligible employee
The term  eligible employee  means an employee that is eligible for and seeks to acquire a restricted commercial driver’s license.
(2)
Farm-related service industries
The term  farm-related service industries  has the meaning given such term in section 383.3(f)(1) of title 49, Code of Federal Regulations (or any successor regulation).
(3)
Restricted commercial driver’s license
The term  restricted commercial driver’s license  has the meaning given such term in section 383.3(f) of title 49, Code of Federal Regulations (or any successor regulation).
5107.
Implements of husbandry compilation
(a)
In general
Not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a review of—
(1)
how States define implements of husbandry under State law;
(2)
whether States consider implements of husbandry to be commercial motor vehicles under State law; and
(3)
what relevant State laws apply to implements of husbandry.
(b)
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—
(1)
the results of the review required under subsection (a); and
(2)
based on such results, a determination of whether or not it is appropriate to modify Federal regulations to clarify that implements of husbandry are not considered to be commercial motor vehicles.
(c)
Implements of husbandry defined
In this section, the term  implements of husbandry  means vehicles or equipment, whether self-propelled or towed, that are either specifically designed or adapted exclusively for agricultural operations or services.
5108.
Pre-trip vehicle inspection testing waiver
(a)
In general
Notwithstanding the requirements of section 383.113(a)(1) of title 49, Code of Federal Regulations, a State may waive the engine compartment pre-trip vehicle inspection skills testing requirement, set forth in section 383.113(a)(1)(i) of title 49, Code of Federal Regulations, for a commercial driver’s license applicant seeking to operate a school bus or vehicle for use in public transportation only in—
(1)
intrastate commerce; or
(2)
interstate commerce—
(A)
if the operation of such bus or vehicle occurs within a 150-air mile radius from the point of origination; and
(B)
each State in which such operation occurs has elected to issue a waiver under this section to applicants seeking a commercial driver’s license by such State.
(b)
Conditions
Prior to issuing a waiver described in subsection (a), a State shall ensure, at a minimum, that the following conditions are met:
(1)
A State’s driver’s licensing agency shall document for recordkeeping purposes the names and commercial driver’s license numbers of operators issued a commercial driver’s license under the waiver.
(2)
The commercial driver’s license credential shall conform to the requirements under subpart J of part 383 of title 49, Code of Federal Regulations (or any successor regulation).
(3)
When issuing a restricted commercial driver’s license with school bus or passenger endorsements pursuant to such waiver, a State shall—
(A)
continue to comply with the applicable provisions set forth in section 383.73 of title 49, Code of Federal Regulations (or any successor regulation); and
(B)
place a school bus-only or transit bus-only restriction on the commercial driver’s license in accordance with section 383.153(a)(10)(ix) of title 49, Code of Federal Regulations (or any successor regulation).
(4)
A State shall conduct the remaining pre-trip vehicle inspection components of the skills test for drivers subject to such waiver, as set forth in section 383.113(a)(1)(ii-ix) of title 49, Code of Federal Regulations (or any successor regulation).
(c)
Data collection
For each calendar year through 2031 in which a State has issued the waiver described in subsection (a), the State shall provide a report to the Secretary containing—
(1)
the number of operators who obtained commercial driver’s licenses under such waiver; and
(2)
data relating to any safety incidents involving an operator issued a commercial driver’s license under such waiver.
(d)
Definitions
In this section:
(1)
Commercial driver’s license
The term  commercial driver’s license  has the meaning given such term in section 31301 of title 49, United States Code.
(2)
Public transportation
The term  public transportation  has the meaning given such term in section 5302 of title 49, United States Code.
5109.
Modifications to certain commercial driver’s license regulations
Not later than 90 days after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to—
(1)
revise section 383.79 of title 49, Code of Federal Regulations, to allow a State to administer a driving skills test to any commercial driver’s license applicant, regardless of the State of domicile of the applicant or where the applicant received driver training; and
(2)
revise section 384.228 of title 49, Code of Federal Regulations, to allow a State or third-party examiner to administer the commercial driver’s license knowledge test only if the examiner—
(A)
maintains a valid commercial driver’s license test examiner certification;
(B)
completes a commercial driver’s license skills test examiner training course that meets the requirements of subsection (d) of such section; and
(C)
completes 1 unit of instruction described in subsection (c)(3) of such section.
C
Commercial Motor Vehicle Safety
5201.
Motor carrier safety advisory committee
Section 4144(d) of the SAFETEA–LU ( 49 U.S.C. 31100  note) is amended by striking  September 30, 2025  and inserting  September 30, 2031 .
5202.
Electronic logging device certification
Section 31137(c) of title 49, United States Code, is amended—
(1)
by redesignating paragraph (2) as paragraph (4); and
(2)
by inserting after paragraph (1) the following:
(2)
Requirements
The certification process, referred to in paragraph (1), shall require the Secretary to—
(A)
verify the contact information of the certification applicant and the technical specifications of the proposed electronic logging device; and
(B)
cross reference the certification application against revoked electronic logging devices that do not meet the certification criteria referred to in paragraph (4).
(3)
Publication of certified devices
The Secretary shall publish and maintain on a publicly available website—
(A)
a list of registered electronic logging devices that meet the certification criteria established under this section; and
(B)
a list of revoked electronic logging devices that do not meet the certification criteria referred to in paragraph (4).
 .
5203.
Safety performance history screening and DataQs improvement
(a)
Safety performance history screening
Section 31150 of title 49, United States Code, is amended—
(1)
in subsection (a), in the matter preceding paragraph (1), by inserting  or employment  after  preemployment ;
(2)
in subsection (b)—
(A)
by inserting  operator or  before  operator-applicant  each place it appears; and
(B)
in paragraph (2), by inserting  operator’s or  before  operator-applicant’s written consent ; and
(3)
in subsection (c)—
(A)
in the second sentence—
(i)
by striking  preemployment ;
(ii)
by inserting  operator or  before  operator-applicant ; and
(iii)
by striking  Use  and inserting the following:
(2)
Voluntary use; limitation
Use
 ;
(B)
in the first sentence—
(i)
by inserting  driver-related  after  serious ;
(ii)
by striking  as a preemployment condition ;
(iii)
by inserting  or operator applicant’s  after  individual operator’s ; and
(iv)
by striking  The process  and inserting the following:
(1)
In general
The process
 ; and
(C)
by adding at the end the following:
(3)
Adverse actions
A person may not take an adverse action (as defined in section 603(k) of the Consumer Credit Protection Act ( 15 U.S.C. 1681a(k) )) with respect to an operator or operator-applicant based in whole or in part on the data in the reports provided under subsection (a) from the Motor Carrier Management Information System unless the person provides—
(A)
notice to the operator or operator-applicant consistent with section 604(b)(3) of such Act ( 15 U.S.C. 1681b(b)(3) ); and
(B)
a reasonable period of time for—
(i)
the operator to initiate an appeal under subsection (e); and
(ii)
any appeal process initiated under such subsection to conclude pursuant to the issuance of a final disposition.
 .
(b)
DataQs improvement
Section 31150 of title 49, United States Code, is amended—
(1)
in subsection (d), by inserting  safety  after  serious driver-related ;
(2)
by redesignating subsection (d) as subsection (f); and
(3)
by inserting after subsection (c) the following:
(d)
Data subject to review
Not later than 1 year after the date of enactment of the  BUILD America 250 Act , the Secretary shall ensure that during any period in which a safety violation is being contested, the report on such violation is labeled in a manner that indicates such violation is being contested in the Motor Carrier Management Information System and in any other relevant databases, including the Employment Screening Program, the Safety Measurement System, and Analysis and Information Online, until the review of the contested violation is complete.
(e)
DataQs appeals process
Not later than 1 year after the date of enactment of the  BUILD America 250 Act , the Secretary shall promulgate DataQs program participation guidelines that direct States receiving funds under the motor carrier safety assistance program under section 31102 to provide for an appeals process by which—
(1)
following the conclusion of a request for data review, an affected party may appeal the disposition of the review; and
(2)
an appeal of the disposition is decided in a reasonable period of time by a person or persons other than the person that issued the violation.
 .
5204.
Noncompliant training entities
(a)
In general
Section 31305(c) of title 49, United States Code, is amended—
(1)
in the matter preceding paragraph (1) by striking  Not later than  and all that follows through  final regulations  and inserting  The Secretary shall issue regulations ;
(2)
in paragraph (4) by striking  and  at the end;
(3)
in paragraph (5) by striking the period and inserting  ; and ; and
(4)
by adding at the end the following:
(6)
providing a process for the Administrator of the Federal Motor Carrier Safety Administration to—
(A)
receive complaints relating to the noncompliance of a training provider described in paragraph (5) with the requirements under such paragraph; and
(B)
not later than 90 days after the receipt of a complaint, if the Administrator determines that such provider is noncompliant, remove such provider from the list of training providers that may issue a certification under paragraph (4).
 .
(b)
Removal
Not later than 90 days after the date of enactment of this Act, the Secretary shall revise section 380.721 of title 49, Code of Federal Regulations, to clarify that the Federal Motor Carrier Safety Administration may remove a training provider from the Training Provider Registry, if such provider—
(1)
fails to disclose a relationship, including common ownership, management, control, or familial ties, with another provider who was removed from the Training Provider Registry; and
(2)
fails to maintain and enforce policies relating to sexual assault and sexual harassment.
5205.
Drug and alcohol clearinghouse fees
Section 31306a(e)(2) of title 49, United States Code, is amended by striking  operation and  and inserting  development, modernization, enhancement, operation, and .
5206.
Federal hair testing guidelines
Not later than 1 year after the Secretary of Health and Human Services issues scientific and technical guidelines for hair testing as a method of detecting the use of a controlled substance as described in section 31306(c) of title 49, United States Code, the Secretary shall revise part 40 of title 49, Code of Federal Regulations, and other regulations as necessary, to recognize hair as an approved specimen type to be collected under transportation workplace drug and alcohol testing programs required under such part.
5207.
Drug and alcohol testing compliance
(a)
Guidance
Not later than 180 days after the date of enactment of this Act, the Secretary shall publish updated guidance on who may act as a specimen collector for Department drug testing under part 40 of title 49, Code of Federal Regulations, including what constitutes a close personal friend, as referenced under section 40.31 of such title.
(b)
Consultation
In issuing the guidance under subsection (a), the Secretary shall, at a minimum, consult with representatives of small motor carriers.
5208.
Fatal truck crash drug and substance abuse testing accountability
Not later than 90 days after the date of enactment of this Act, the Secretary shall revise parts 382, 385, and 392 of title 49, Code of Federal Regulations, and other regulations as necessary, to—
(1)
require employers to maintain records of all post-accident alcohol or controlled substance tests required under section 382.303 of such title for a minimum of 5 years;
(2)
consider it a violation if an employer fails to furnish proof of post-accident alcohol or controlled substance testing within the prescribed timeframe, as outlined in subsections (a) and (b) of section 382.303 of title 49, Code of Federal Regulations; and
(3)
ensure such violations under paragraph (2) are reflected in the Safety Measurement System for the purposes of the Compliance, Safety, and Accountability Program.
5209.
Review of New Entrant Safety Assurance Program
(a)
In general
Not later than 180 days after the date of enactment of this Act, the inspector general of the Department shall conduct a review of the New Entrant Safety Assurance Program (in this section referred to as the  Program ) under subpart D of part 385 of title 49, Code of Federal Regulations, to evaluate—
(1)
whether the Program effectively provides educational and technical assistance to new entrant motor carriers;
(2)
opportunities to improve the efficiency and timeliness of safety audits conducted under the Program;
(3)
if the Program has adequate staff to conduct the safety audits and compliance reviews in an efficient and timely manner;
(4)
opportunities to implement proactive outreach strategies to engage a greater number of new entrant motor carriers early in the application and operational process;
(5)
whether the requirements, processes, and timeframes of the Program are aligned with the purpose described in section 385.309 of title 49, Code of Federal Regulations;
(6)
strategies to ensure greater uniformity and consistency in the application of the Program to all new entrant motor carriers, regardless of assignment type; and
(7)
potential improvements to ensure that safety data is effectively gathered and used to assess the safety performance of new entrant motor carriers.
(b)
Consultation
In conducting the review under subsection (a), the inspector general shall consult with—
(1)
State motor carrier safety enforcement agencies;
(2)
representatives of the motor carrier industry, including owner-operators;
(3)
commercial motor vehicle safety advocates;
(4)
truck safety organizations;
(5)
labor organizations representing commercial motor vehicle drivers; and
(6)
other stakeholders, as determined appropriate by the Secretary.
(c)
Inspector general report
Not later than 1 year after the date of enactment of this Act, the inspector general shall submit to the Secretary a report that includes—
(1)
the findings of the review conducted under subsection (a); and
(2)
recommendations for the Federal Motor Carrier Safety Administration to improve the effectiveness of the Program, including actions to—
(A)
enhance educational and technical assistance provided to new entrant motor carriers during the safety monitoring period;
(B)
improve efficiency and timeliness of safety audits; and
(C)
ensure uniformity in new entrant safety monitoring procedures.
(d)
Recommendations
Not later than 6 months after the date on which the inspector general submits the report under subsection (c), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1)
a summary of the findings and recommendations of the report; and
(2)
for each recommendation—
(A)
the Secretary intends to implement, a description of the implementation plan of the Secretary and timeline for implementation; and
(B)
the Secretary does not intend to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
5210.
New entrant registration standards transportation rulemaking committee
(a)
Establishment
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation rulemaking committee to develop findings and recommendations on the necessity of establishing minimum requirements for entities seeking to obtain registration from the Department as a motor carrier of property or passengers under  chapter 315  of title 49, United States Code.
(b)
Membership
The Secretary shall appoint the members of the transportation rulemaking committee, which shall be comprised of—
(1)
State motor carrier safety enforcement agencies;
(2)
representatives of the motor carrier industry;
(3)
commercial motor vehicle law enforcement associations;
(4)
labor organizations representing commercial motor vehicle operators;
(5)
truck safety organizations; and
(6)
other stakeholders determined appropriate by the Secretary.
(c)
Considerations
In developing findings and recommendations under subsection (a), the transportation rulemaking committee shall consider—
(1)
the existing requirements for registration as a motor carrier of property and passengers under parts 365 and 390 of title 49, Code of Federal Regulations; and
(2)
the appropriateness of additional minimum motor carrier registration requirements, including requirements associated with the following:
(A)
Knowledge of applicable safety regulations, standards, and requirements under Federal law and regulations.
(B)
Familiarity with the duties of employers and motor carriers under the Federal Motor Carrier Safety Regulations, including requirements relating to—
(i)
driver qualifications;
(ii)
vehicle maintenance;
(iii)
hours of service;
(iv)
drug and alcohol testing; and
(v)
safety management controls.
(C)
An understanding of the importance of establishing and maintaining a safety management program appropriate for the size and scope of the intended operations of the applicant.
(D)
Completion of a training program approved by the Secretary, or demonstration of equivalent knowledge, as determined by the Secretary.
(d)
Report
(1)
In general
Not later than 18 months after the date on which the transportation rulemaking committee is established, the committee shall submit to the Secretary a report detailing the findings and recommendations developed under subsection (a).
(2)
Contents
In the report submitted under paragraph (1), the transportation rulemaking committee shall include recommendations—
(A)
on how to revise the regulations under parts 365 and 390 of title 49, Code of Federal Regulations, if additional minimum motor carrier registration requirements are determined appropriate; and
(B)
for any other necessary updates to regulations or requirements determined appropriate by the transportation rulemaking committee.
(e)
Recommendations
Not later than 6 months after the date on which the transportation rulemaking committee submits the report under subsection (d), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1)
a summary of the findings and recommendations of the report; and
(2)
for each recommendation—
(A)
the Secretary intends to implement, a description of the implementation plan of the Secretary and timeline for implementation; and
(B)
the Secretary does not intend to implement, an explanation as to why the Secretary does not intend to implement such recommendation.
5211.
Beyond compliance
(a)
Final rule
Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule implementing section 5222 of the FAST Act ( 49 U.S.C. 31100  note).
(b)
Consideration
In issuing the final rule under subsection (a), the Secretary shall consider driver training and experience as a recognized safety standard.
(c)
Report
Not later than 1 year after the date of enactment of this Act, and at least once every 6 months thereafter until the final rule required under subsection (a) is issued, the Secretary shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the rulemaking required under subsection (a).
D
Household Goods Shipping Consumer Protection Reform
5301.
Administrative assessment of civil penalties for violations of commercial regulations
(a)
Enforcement by Secretary
Section 14914 of title 49, United States Code, is amended—
(1)
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;
(2)
by inserting after subsection (a) the following:
(b)
Enforcement by Secretary
If, after notice and an opportunity for a hearing, the Secretary finds that a person violated a provision of part B of subtitle IV of this title, or a regulation or order issued pursuant to such part, the Secretary shall assess a civil penalty by written notice.
 ;
(3)
in subsection (c), as redesignated by paragraph (1), by inserting  or the Secretary  after  Board ; and
(4)
in subsection (d), as redesignated by paragraph (1), by inserting  or the Secretary  after  Board .
(b)
Application
Section 501(b) of title 49, United States Code, is amended—
(1)
by inserting  5,  after  20303 and chapters ; and
(2)
by inserting  311, 313,  after  chapters), .
5302.
State use of grant funds for commercial enforcement and consumer protection
Section 31102 of title 49, United States Code, is amended—
(1)
in subsection (h)—
(A)
in paragraph (1)(B) by striking  and  at the end;
(B)
in paragraph (2)(B) by striking the period at the end and inserting  ; and ; and
(C)
by adding at the end the following:
(3)
for the enforcement of Federal household goods statutes and regulations for the interstate transportation of household goods by household goods motor carriers and brokers, and for the intrastate transportation of household goods by household goods motor carriers if the State has adopted laws or regulations that are compatible with Federal household goods regulations.
 ;
(2)
in subsection (l)(2)—
(A)
in subparagraph (I) by striking  and  at the end;
(B)
by redesignating subparagraph (J) as subparagraph (K); and
(C)
by inserting after subparagraph (I) the following:
(J)
enforce Federal household goods statutes and regulations for the interstate transportation of household goods by household goods motor carriers and brokers, and for the intrastate transportation of household goods by household goods motor carriers if the State has adopted laws or regulations that are compatible with Federal household goods regulations; and
 ; and
(3)
by adding at the end the following:
(m)
State discretion
The activities described in subsections (h)(3) and (l)(2)(J) are—
(1)
optional at the discretion of a State; and
(2)
not a condition on funds received under this section.
 .
5303.
State retention of penalties and fines
Section 14711 of title 49, United States Code, is amended by adding at the end the following:
(g)
Penalties
Notwithstanding any other provision of law, any fine or penalty imposed on a carrier or broker in a proceeding under this section shall be paid to, and retained by, the State that imposed such fine or penalty.
 .
5304.
Registration requirements
(a)
Definitions
Section 13102 of title 49, United States Code, is amended by adding at the end the following:
(28)
Principal place of business
The term  principal place of business  means a single physical business location of a specified entity where—
(A)
management officials of such specified entity report to work;
(B)
such specified entity conducts a significant portion of its business relating to the transportation of persons or property; and
(C)
such specified entity maintains records required by part B of subtitle IV or part B of subtitle VI.
(29)
Specified entity
The term  specified entity  means—
(A)
an employer, as such term is defined in section 31132;
(B)
a person;
(C)
a motor carrier, including a foreign motor carrier or foreign motor private carrier;
(D)
a broker; or
(E)
a freight forwarder.
 .
(b)
Motor carrier generally
Section 13902(a)(1) of title 49, United States Code, is amended—
(1)
in subparagraph (C) by striking  and  at the end;
(2)
in subparagraph (D) by striking the period at the end and inserting  ; and ; and
(3)
by adding at the end the following:
(E)
has designated a principal place of business.
 .
(c)
Registration of freight forwarders
Section 13903(a) of title 49, United States Code, is amended—
(1)
in paragraph (1) by striking  and  at the end;
(2)
in paragraph (2) by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:
(3)
has designated a principal place of business; and
(4)
has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between such person and any other motor carrier, freight forwarder, broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration.
 .
(d)
Registration of brokers
Section 13904(a) of title 49, United States Code, is amended—
(1)
in subsection (1) by striking  and  after the semicolon;
(2)
in subsection (2) by striking the period and inserting a semicolon; and
(3)
by adding at the end the following:
(3)
has designated a principal place of business; and
(4)
has disclosed any relationship involving common ownership, common management, common control, or common familial relationship between such person and any other motor carrier, freight forwarder, or broker, or any other applicant for motor carrier, freight forwarder, or broker registration, if the relationship occurred in the 3-year period preceding the date of the filing of the application for registration.
 .
(e)
Complaints and actions on Secretary initiatives
Section 13905(d)(2) of title 49, United States Code, is amended—
(1)
in subparagraph (C)(iii) by striking  or  at the end;
(2)
in subparagraph (D) by striking the period at the end and inserting  ; or ; and
(3)
by adding at the end the following:
(E)
withhold, suspend, amend, or revoke any part of a registration of a motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder if the Secretary finds that the motor carrier, foreign motor carrier, foreign motor private carrier, broker, or freight forwarder failed to designate a valid principal place of business.
 .
(f)
Requirement for registration and USDOT number
Section 31134 of title 49, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (2) by striking  or  at the end;
(B)
in paragraph (3) by striking the period at the end and inserting  ; or ; and
(C)
by adding at the end the following:
(4)
the employer or person seeking registration has designated a principal place of business, as defined in section 13102.
 ; and
(2)
in subsection (c)(2) by striking  subsection (b)(1)  and inserting  subsection (b) .
5305.
Household goods consumer protection working group
(a)
Establishment
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a working group to develop findings and recommendations on the modernization of Federal consumer protection regulations relating to the interstate transportation of household goods by a motor carrier, including such transportation that is arranged by a broker of household goods.
(b)
Membership
The working group shall be comprised of—
(1)
individuals with expertise in consumer affairs;
(2)
representatives of household goods motor carriers;
(3)
representatives of household goods brokers;
(4)
representatives of State moving and storage associations;
(5)
representatives of consumer organizations;
(6)
representatives from truck safety organizations; and
(7)
other stakeholders the Secretary determines appropriate.
(c)
Recommendations
The working group established under this section shall analyze and make recommendations regarding—
(1)
the effect of technology and consumer purchasing habits in the sale and servicing of interstate shipments of household goods;
(2)
the number, type, and elements of paperwork required of carriers and shippers in interstate transportation;
(3)
the use of state-of-the-art education techniques and technologies, including the internet and artificial intelligence;
(4)
the status of the implementation of the recommendations included in the report  Recommendations to Improves Household Goods Consumer Education , issued pursuant to section 5503 of the FAST Act ( Public Law 114–94 ); and
(5)
the impact and frequency of  name spoofing  whereby a registered entity seeks to take advantage of consumers by registering under a name that is deceptively similar to an established registered entity.
(d)
Report
Not later than 1 year after the date on which the working group is established under this section, the working group shall submit to the Secretary a report that includes a summary of the findings and recommendations developed under subsection (c).
(e)
Recommendations
Not later than 18 months after the date on which the Secretary receives the report under subsection (d), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(1)
a summary of the findings and recommendations of the report; and
(2)
for each recommendation—
(A)
the Secretary intends to implement, a description of the implementation plan of the Secretary and timeline for implementation;
(B)
if the Secretary does not intend to implement the recommendation, an explanation as to why the Secretary does not intend to implement such recommendation; or
(C)
a notification if the Secretary lacks the statutory authority to implement such recommendation.
(f)
Termination
The working group shall terminate 1 year after the date on which the working group submits the report under subsection (d).
E
Safe Integration of Autonomous Commercial Motor Vehicles
5401.
Definitions
Section 31132 of title 49, United States Code, is amended—
(1)
by redesignating paragraphs (1) through (11) as paragraphs (3), (5), (6), (8), (9), (10), (11), (12), (13), (14), and (15), respectively;
(2)
by inserting before paragraph (5), as so redesignated, the following:
(1)
 ADS  or  automated driving system  means hardware and software systems on a commercial motor vehicle that—
(A)
are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such hardware or software systems are limited to a specific operational design domain; and
(B)
collectively meet the definition of automation Level 3, Level 4, or Level 5.
(2)
 ADS-equipped commercial motor vehicle  means a commercial motor vehicle equipped with an ADS.
 ;
(3)
in paragraph (3), as so redesignated—
(A)
in subparagraph (B) by striking  including the  and inserting  including, if applicable, the ; and
(B)
in subparagraph (C) by striking  including the  and inserting  including, if applicable, the ;
(4)
by inserting after paragraph (3), as so redesignated, the following:
(4)
 DDT fallback ,  DDT fallback-ready user ,  DDT performance-relevant system failure ,  driverless operations dispatcher ,  dynamic driving task ,  DDT ,  Level 3 ,  Level 4 ,  Level 5 ,  remote assistant ,  remote driver ,  minimal risk condition ,  MRC ,  ODD , and  operational design domain  have the meaning of the terms as provided in—
(A)
the April 2021 edition of recommended practice J3016 of SAE International titled  Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles ;
(B)
a subsequent edition of recommended practice J3016 adopted by the Secretary; or
(C)
a substantially similar successor recommended practice or standard of SAE International adopted by the Secretary.
 ; and
(5)
by inserting after paragraph (6), as so redesignated, the following:
(7)
 integrated service operations  means commercial motor vehicle operations that involve non-driving tasks relevant to the operation of such vehicle, including—
(A)
the transportation primarily of minors, such as school bus transportation;
(B)
public transportation, as defined in section 5302;
(C)
passenger transportation via motorcoach;
(D)
carriage of placarded hazardous materials described in part 397 of title 49, Code of Federal Regulations; and
(E)
other operations as determined by the Secretary.
 .
5402.
ADS-equipped commercial motor vehicle interstate operation
(a)
ADS-equipped commercial motor vehicle operation
(1)
In general
Subchapter III of  chapter 311  of title 49, United States Code, is amended by inserting after  section 31139  the following:
31140.
ADS-equipped commercial motor vehicle operation
(a)
Safety standard
(1)
In general
Not later than 2 years after the date of enactment of the  BUILD America 250 Act , the Secretary shall issue such regulations as are necessary to establish and maintain a performance-based safety standard for ADS-equipped commercial motor vehicles to operate in interstate commerce.
(2)
Applicability
In issuing the regulations under paragraph (1), the Secretary shall determine how such standard applies to Level 3, Level 4, and Level 5 ADS-equipped commercial motor vehicles.
(3)
Operating requirement
After the effective date of regulations issued pursuant to paragraph (1), an ADS-equipped commercial motor vehicle may not be operated in interstate commerce unless—
(A)
the manufacturer has certified to the Secretary that such vehicle has met the safety standard established in paragraph (1);
(B)
the manufacturer and operator of such vehicle meet the applicable regulations issued pursuant to this chapter; and
(C)
such vehicle has not been materially altered in such a manner that the vehicle does not comply with such safety standard.
(b)
Requirements for safety standard
(1)
Safety case
The safety standard established under subsection (a)(1) shall require a manufacturer of an ADS or ADS-equipped commercial motor vehicle to meet the standard through a safety case, which shall be updated prior to making any significant material changes to the ADS or ADS-equipped commercial motor vehicle that—
(A)
provides claims, supported by arguments and evidence, that support the conclusion of the manufacturer that the design, construction, and performance of the ADS or ADS-equipped commercial motor vehicle will provide an equivalent or greater level of safety as a non-ADS -equipped commercial motor vehicle subject to the requirements of this title; and
(B)
includes the following components:
(i)
A description of each hardware and software element of the ADS required for—
(I)
braking, steering, propulsion, and computing capability;
(II)
redundancies;
(III)
each capability of the suite of sensors of the ADS; and
(IV)
the integration of the ADS into the vehicle platform.
(ii)
A complete description of the ODD of the ADS, including how the ADS performs each element within such ODD.
(iii)
An explanation of each engineering methodology used to design and assess the performance of the ADS and ensure commercial motor vehicle safety, including—
(I)
each hazard analysis and associated verification and validation process;
(II)
the credibility and limitations of the tools, simulations, and test environments employed for such methodology, and the measures taken to mitigate such limitations; and
(III)
the acceptance criteria used by the manufacturer to assess competencies in normal driving and crash avoidance capability.
(iv)
An explanation of how the ADS anticipates and responds to potential crashes.
(v)
A description of any vehicle-integrated system that provides visual or digital hazard alerting to a nearby road user when the vehicle executes or enters a minimal risk condition, including any system that automatically activates high-conspicuity lighting patterns or transmits digital hazard messages to connected vehicles and roadway infrastructure.
(vi)
A description of the cybersecurity plan that includes—
(I)
a written cybersecurity policy with respect to the practices of the manufacturer to detect and respond to cyber attacks, unauthorized intrusions, and false vehicle control commands;
(II)
a process to identify, assess, and mitigate reasonably foreseeable cyber risks related to commercial motor vehicle safety from cyber attacks or unauthorized intrusions, including false and malicious vehicle control commands;
(III)
a process to take preventive and corrective action to mitigate against reasonably foreseeable cyber risks related to commercial motor vehicle safety in the ADS or ADS-equipped commercial motor vehicle, including incident response plans, unauthorized intrusion detection and prevention systems that safeguard key controls, systems, and procedures through testing or monitoring, and updates to such process based on changed circumstances;
(IV)
the identification of an officer or other individual of the manufacturer as the point of contact with responsibility for the management of cybersecurity; and
(V)
a process for employee training and supervision for implementation and maintenance of the policies and procedures required by this section, including controls on employee access to the ADS.
(vii)
A description of the manufacturer’s safety management system, including organizational roles and responsibilities, and the processes used to systematically address and audit safety throughout the design, testing, deployment, and operation of the ADS.
(viii)
A description of the in-use safety monitoring processes utilized by the manufacturer, including safety performance indicators, thresholds for intervention, and procedures for investigating and addressing safety-relevant incidents and near-misses.
(ix)
A description of how the manufacturer incorporates operational data from in-service operations, including feedback loops from incidents and safety-critical scenarios into the design and validation of the ADS, to ensure continuous improvement of commercial motor vehicle safety.
(x)
An explanation of how the ADS-equipped vehicle meets each of the following competencies:
(I)
The ADS performs the entire DDT within the ODD of the ADS and is able to recognize the boundaries of the ODD.
(II)
The ADS detects and responds appropriately to any vulnerable road user in proximity to the ADS in the relevant ODD.
(III)
In the case of a Level 3 ADS, the ability of the ADS to clearly and unambiguously communicate ADS status and user role to the DDT fallback-ready user and, during any transfer of control to the DDT fallback-ready user, provide sufficient lead time for the DDT fallback-ready user to safely assume the DDT, and safely maintain vehicle control until the ADS fallback user has assumed control and the transfer is completed.
(IV)
The ability of the ADS to safely achieve a MRC and safely allow any occupants inside the vehicle to exit the vehicle.
(V)
The ADS detects the limits of the ODD of the ADS and respond appropriately when 1 or more conditions of the ODD are no longer met by achieving an MRC.
(VI)
The ADS detects and responds to relevant objects or events, including emergency vehicles and personnel, and school buses in proximity to the ADS in the relevant ODD and relevant to the driving decisions of the ADS.
(VII)
The ADS can comply with applicable local traffic laws and laws relevant to the performance of the DDT.
(xi)
Any additional information the Secretary determines to be appropriate.
(2)
Incident reporting
(A)
In general
The Secretary shall prescribe reporting requirements for ADS-equipped commercial motor vehicles that align with reporting requirements issued by the National Highway Traffic Safety Administration under such Administration’s Third Amended Standing General Order 2021–01 (signed April 24, 2025), and at a minimum, require the reporting of any crash that resulted in a—
(i)
fatality;
(ii)
serious injury;
(iii)
strike of a vulnerable road user;
(iv)
air bag deployment; or
(v)
vehicle tow-away.
(B)
Additional requirements
The Secretary may require additional reporting requirements if the Secretary determines such requirements are necessary to effectively evaluate or improve the safety of ADS-equipped commercial motor vehicles.
(C)
Revisions
The Secretary—
(i)
may periodically revise the reporting requirements prescribed under subparagraph (A); and
(ii)
shall update such requirements if the Secretary establishes a single Federal database for autonomous vehicle-related incidents.
(3)
Roles and responsibilities
(A)
In general
The safety standard established under subsection (a)(1) shall require the manufacturer of a Level 4 or Level 5 ADS to assume and observe duties otherwise applicable to a human driver to the extent such duties relate to the real-time operation of such vehicle and the performance of the DDT when—
(i)
the ADS is engaged and the vehicle is operating within its ODD; or
(ii)
the ADS is engaged and such ADS—
(I)
fails to detect that 1 or more conditions of its ODD are no longer met; or
(II)
after detecting that 1 or more conditions of its ODD are no longer met, fails to achieve an MRC.
(B)
Rule of construction
Nothing in this paragraph shall be construed to—
(i)
create, expand, or limit strict liability under Federal or State law;
(ii)
create a cause of action; or
(iii)
affect the availability of any defense or doctrine under otherwise applicable law, including comparative fault, contributory negligence, product liability principles, or proximate causation.
(4)
Operator on board
The safety standard established under subsection (a)(1) shall require a human operator to be located within the vehicle during the operation of any ADS-equipped commercial motor vehicle transporting—
(A)
primarily minors, such as school bus transportation; or
(B)
placarded hazardous materials, as described in part 397 of title 49, Code of Federal Regulations.
(5)
Additional standards for integrated service operations
In establishing the safety standard under subsection (a)(1), if the Secretary determines additional standards are necessary to maintain the existing level of safety following the introduction of ADS-equipped commercial motor vehicles within integrated service operations, the Secretary may apply additional requirements to such vehicles, including ensuring that remote assistants performing covered aspects of the dynamic driving task, DDT fallback-ready users, or remote drivers have the appropriate endorsement on their commercial drivers’ license or have received relevant training necessary for operation.
(c)
Operator qualifications
(1)
In general
The Secretary shall require a DDT fallback-ready user, remote driver, or remote assistant who is performing covered aspects of the dynamic driving task, as described in paragraph (5), of an ADS-equipped commercial motor vehicle be properly qualified and licensed to operate a commercial motor vehicle, subject to the requirements of parts 350 through 399 of title 49, Code of Federal Regulations.
(2)
Level 3 requirements
The Secretary shall require a DDT fallback-ready user to be physically located within the driver’s seat of the vehicle for Level 3 ADS-equipped commercial motor vehicles.
(3)
Location
The Secretary shall require all remote assistants, driverless operations dispatchers, and remote drivers to be physically located within the United States or any territory of the United States.
(4)
Driving time
Any period in which a remote assistant performing covered aspects of the DDT, DDT fallback-ready user, or remote driver must monitor 1 or more ADS-equipped commercial motor vehicles shall be considered driving time under part 395 of title 49, Code of Federal Regulations.
(5)
Covered aspects of the DDT
A remote assistant is subject to the requirements of paragraphs (1) and (4) when conducting any of the following aspects of the DDT:
(A)
Lateral vehicle motion control via steering.
(B)
Longitudinal vehicle motion control via acceleration and deceleration.
(C)
Object and event response execution, when the ADS cannot override an ordered response in reaction to real-time conditions at its location.
(D)
Maneuver planning, when the ADS cannot override a plan in reaction to real-time conditions at its location.
(E)
Enhancing conspicuity including via lighting, sounding, the horn, signaling, and gesturing.
(d)
Rules of construction
(1)
Nothing in this section shall be construed to prohibit a State from maintaining, enforcing, prescribing, or continuing in effect any law or regulation regarding cybersecurity or privacy.
(2)
Nothing in this section, including meeting the requirements of subsection (a)(1) or any rules implementing this section, shall be construed to relieve a person or manufacturer from liability which may exist under another Federal or State law or supplant, displace, preempt another Federal or State law relating to remedies for civil relief, including Federal or State laws for civil damage, or penalties for criminal actions.
(3)
Nothing in this section shall be construed to require the Secretary to require a commercial motor vehicle to be equipped with an ADS.
 .
(2)
Clerical amendment
The analysis for  chapter 311  of title 49, United States Code, is amended by inserting after the item relating to  section 31139  the following:
31140. ADS-equipped commercial motor vehicle operation.
  .
(b)
Transportation rulemaking committee
(1)
Establishment
Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a transportation rulemaking committee, pursuant to section 102(k) of title 49, United States Code, to make recommendations on the implementation of section 31140 of such title (as added by this section) and on the applicability of parts 350 through 399 of title 49, Code of Federal Regulations, to ADS-equipped commercial motor vehicles and related DDT fallback-ready users, remote drivers, remote assistants, and driverless dispatch operators.
(2)
Membership
The transportation rulemaking committee convened under paragraph (1) shall consist of not more than 18 members appointed by the Secretary, including representatives of—
(A)
autonomous commercial motor vehicle technology providers;
(B)
autonomous commercial motor vehicle original equipment manufacturers;
(C)
commercial motor vehicle law enforcement associations;
(D)
traffic safety professionals;
(E)
roadway safety advocates;
(F)
the trucking industry, including both small and large motor carriers;
(G)
the shipping industry;
(H)
labor organizations representing drivers of commercial motor vehicles in interstate commerce;
(I)
labor organizations representing transit vehicle operators;
(J)
labor organizations representing first responders, including law enforcement and fire fighters;
(K)
State highway safety offices;
(L)
insurers of commercial motor vehicles;
(M)
independent research and testing organizations of ADS-equipped commercial motor vehicles; and
(N)
others as determined appropriate by the Secretary.
(3)
Considerations
The transportation rulemaking committee convened under paragraph (1) shall consider, at a minimum, recommendations on the following:
(A)
Updates necessary to implement section 31140 of title 49, United States Code (as added by this section).
(B)
The applicability of parts 350 through 399 of title 49, Code of Federal Regulations, to ADS-equipped commercial motor vehicles, including—
(i)
updates to parts 392.7, 396.11, and 396. 9 of such title to develop standards and procedures for vehicle inspections specific to ADS-equipped commercial motor vehicles; and
(ii)
updates to part 385 of such title to—
(I)
incorporate ADS-equipped commercial motor vehicles into safety fitness determination procedures; and
(II)
publish safety fitness information for ADS-equipped commercial motor vehicles separately from non-ADS equipped commercial motor vehicles.
(C)
Workforce implications, including what additional qualifications may be necessary for DDT fallback-ready users and remote drivers and the necessity of workforce programs to train human-in-vehicle operators, DDT fallback-ready users, remote drivers, remote assistants, and driverless operations dispatchers.
(D)
A process for determining the roles and responsibilities for the manufacturer, operator, DDT fallback-ready user, remote driver, remote assistant, and driverless dispatch officer of an ADS-equipped commercial motor vehicle when the ADS is engaged.
(E)
Restrictions related to the transportation of placarded hazardous materials, as described in part 397 of title 49, Code of Federal Regulations, by ADS-equipped commercial motor vehicles.
(F)
The quantity of ADS-equipped commercial motor vehicles a DDT fallback-ready user, remote driver, remote assistant, or driverless operations dispatcher may be responsible for without reducing the level of public safety.
(G)
Additional training requirements for DDT fallback-ready users, remote drivers, remote assistants, or driverless operation dispatchers.
(H)
Any additional requirements to ensure the ADS or ADS-equipped commercial motor vehicle may allow occupants inside the vehicle to, at any time, command the vehicle to safely achieve an MRC and allow the occupants inside the vehicle to exit the vehicle.
(4)
Report and regulations
(A)
Report
Not later than 1 year after the transportation rulemaking committee under paragraph (1) convenes, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report based on the findings of the transportation rulemaking committee.
(B)
Rulemaking required
Not later than 6 months after the Secretary submits the report under subparagraph (A), the Secretary shall issue such regulations as are necessary to implement section 31140 of title 49, United States Code (as added by this section), and make necessary updates to parts 350 through 399 of title 49, Code of Federal Regulations, related to the applicability of such regulations to ADS-equipped commercial motor vehicles, DDT fallback-ready users, remote drivers, remote assistants, and driverless operations dispatchers.
(C)
Contents of rulemaking
In issuing the rulemaking required under subparagraph (B), the Secretary shall, at a minimum—
(i)
make necessary updates to comply with the requirements set forth under section 31140 of title 49, United States Code (as added by this section);
(ii)
update part 385 of title 49, Code of Federal Regulations, to—
(I)
incorporate ADS-equipped commercial motor vehicles into safety fitness determination procedures;
(II)
publish safety fitness determination information for ADS-equipped commercial motor vehicles separately from non-ADS-equipped commercial motor vehicles; and
(III)
authorize the revocation of operating authority specifically and individually for either the non-ADS equipped or ADS-equipped components of a motor carrier;
(iii)
update standards and procedures for vehicle inspection specific to ADS-equipped commercial motor vehicles;
(iv)
consider any additional qualifications or licensing requirements, such as an appropriate endorsement or additional training, necessary for DDT fallback-ready users, remote drivers, remote assistants, and driverless operations dispatchers in ADS-equipped commercial motor vehicles;
(v)
establish a limit on the respective quantity of ADS-equipped commercial motor vehicles a remote assistant or driverless operations dispatcher may be responsible for without reducing the level of public safety;
(vi)
provide standards for ADS-equipped commercial motor vehicles to include visual or digital hazard alerting to nearby road users when the vehicle executes or enters a minimal risk condition, including by automatically activating high-conspicuity lighting patterns or transmitting digital hazard messages to connected vehicles or roadway infrastructure;
(vii)
provide standards for data collection, data standardization, and record-keeping, including, at a minimum, recordkeeping of sensor and ADS engagement and disengagement status data, for manufacturers of ADS-equipped commercial motor vehicles when such a vehicle is involved in a crash;
(viii)
provide minimum standards and requirements for manufacturers to demonstrate that an ADS or ADS-equipped vehicle meets the competencies described in section 31140(b)(1)(B)(x) of title 49, United States Code;
(ix)
update requirements and procedures for the Compliance, Safety, and Accountability program of the Federal Motor Carrier Safety Administration and the Safety Measurement System utilized by the Compliance, Safety, and Accountability program to account for ADS-equipped commercial motor vehicles;
(x)
provide additional limitations or restrictions for ADS-equipped commercial motor vehicles engaged in integrated service operations; and
(xi)
consider the applicability of part 395 of title 49, Code of Federal Regulations, to remote assistants and driverless operations dispatchers, and make any necessary updates to the requirements and procedures to account for such assistants and dispatchers.
(5)
Prohibition
In issuing the rulemaking under subparagraph (B), the Secretary shall not—
(A)
exempt any vehicle operating under section 5112 of title 49, United States Code, from being subject to the attendance and surveillance requirements under part 397.5 of title 49, Code of Federal Regulations;
(B)
exempt the operator of an ADS- equipped commercial motor vehicle from any applicable inspections required by parts 392.7, 396.11, or 396.9 of title 49, Code of Federal Regulations; or
(C)
exempt DDT fallback-ready users, remote drivers, or remote assistants capable of issuing commands to an ADS-equipped vehicle from being subject to relevant requirements under 350 through 399 of title 49, Code of Federal Regulations.
(6)
Rules of construction
The rules of construction under section 31140(d) of title 49, United States Code (as added by this section), shall apply to this subsection.
(7)
Definitions
In this subsection:
(A)
Applicable terms
The terms  ADS ,  ADS-equipped commercial motor vehicle ,  DDT fallback-ready user ,  driverless operations dispatcher ,  MRC ,  remote driver ,  remote assistant ,  Level 4 , and  Level 5  have the meanings given such terms in section 31132 of title 49, United States Code.
(B)
Labor organization
The term  labor organization  has the meaning given the term in section 10002(15) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 18901(15) ).
5403.
Review and preemption of State laws and regulations
Section 31141(a) of title 49, United States Code, is amended by inserting  , including ADS-equipped commercial motor vehicle safety,  after  commercial motor vehicle safety .
5404.
Ensuring regulatory flexibility for safety technologies
Section 31113(b) of title 49, United States Code, is amended—
(1)
by striking  include a safety  and inserting the following:
include—
(1)
a safety
 ;
(2)
by striking the period at the end and inserting  ; or ; and
(3)
by adding at the end the following:
(2)
automated driving system technologies or equipment.
 .
5405.
Regulatory interpretations
(a)
In general
Notwithstanding sections 392.22(b), 393.95(f), and 393.25(e) of title 49, Code of Federal Regulations, or any successor regulations, cab-mounted warning beacons shall be considered permissible warning devices for a commercial motor vehicle stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops and may be used in lieu of warning devices required under section 393.95(f) of such title.
(b)
Prohibition
The Administrator of the Federal Motor Carrier Safety Administration shall only take administrative action that is consistent with the requirements of this section and that may be necessary to make technical or conforming amendments.
(c)
Rule of construction
Nothing in this section shall be construed to require a commercial motor vehicle to be equipped with, or use, cab-mounted warning beacons.
(d)
Cab-mounted warning beacons defined
In this section, the term  cab-mounted warning beacons  means auxiliary, exterior lamps that are mounted on the cab of a commercial motor vehicle in a position where such lamps are visible to approaching traffic, and are amber in color, flash, and meet the class 1 photometric performance requirements of the standard of the Society of Automotive Engineers International titled  Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance and Service Vehicles .
5406.
National consumer complaint database
Section 4214(a) of SAFETEA–LU ( 49 U.S.C. 14701  note) is amended—
(1)
in paragraph (2) by striking  and  at the end;
(2)
in paragraph (3) by striking the period and the end and inserting  ; and ; and
(3)
by adding at the end the following:
(4)
collect information on safety violations specific to ADS-equipped commercial motor vehicles (as such term is defined in section 31132 of title 49, United States Code) and display such information in a manner that allows the information to be displayed both separately and aggregated with information collected under paragraph (1).
 .
5407.
Commercial motor vehicle workforce development
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a workforce development program to make grants for eligible projects to support the commercial motor vehicle workforce, including—
(1)
strengthening employment opportunities for professional drivers, mechanics, and related occupations whose duties affect the safety and operation of commercial motor vehicles within the transportation industry; and
(2)
training individuals to safely operate and maintain ADS-equipped commercial motor vehicles.
(b)
Eligible projects
For purposes of the program established under subsection (a), an eligible project is a project—
(1)
to train current commercial driver’s license holders on safe operation and maintenance of ADS-equipped commercial motor vehicles;
(2)
to establish or improve a registered apprenticeship, internship, or scholarship program for individuals pursuing employment in the trucking workforce, including vehicle maintenance technicians, and interested in working with new and emerging technologies;
(3)
to support targeted outreach and partnerships with the transportation industry, economic development organizations, workforce development boards, and labor organizations to support the commercial motor vehicle workforce;
(4)
to support the current workforce in adapting to the impacts of new and emerging technologies on the transportation, transit, and logistics industries; and
(5)
to otherwise enhance or expand the commercial motor vehicle workforce.
(c)
Applications
An application for a grant made under the program established in subsection (a) may be submitted, in such form as the Secretary may specify, by—
(1)
a State, local, territorial, or Tribal governmental agency;
(2)
an institution of higher education or a postsecondary vocational institution;
(3)
a labor organization representing commercial motor vehicle operators or mechanics and other maintenance user for commercial motor vehicles;
(4)
a non-profit organization described in  section 501(c)(3)  of the Internal Revenue Code of 1986 that is exempt from taxation under section 401(a) of such Code.
(d)
Technical assistance
The Secretary may set aside up to 2 percent of the funds appropriated to carry out this section to provide technical assistance to eligible applicants for a grant under this section.
(e)
Report
Not later than 1 year after the program is established under subsection (a), and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the administration of the program that includes—
(1)
a summary of projects awarded grants under this section and the progress of each recipient towards fulfilling program expectations; and
(2)
recommendations to Congress, governmental agencies, educational institutions, labor organizations representing transportation workers, the autonomous commercial motor vehicle industry, and other stakeholders to better support the commercial motor vehicle workforce.
(f)
Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1)
$27,500,000 for fiscal year 2027;
(2)
$28,000,000 for fiscal year 2028;
(3)
$28,600,000 for fiscal year 2029;
(4)
$29,200,000 for fiscal year 2030; and
(5)
$29,800,000 for fiscal year 2031.
(g)
Definitions
In this section:
(1)
Ads-equipped commercial motor vehicle
The term  ADS-equipped commercial motor vehicle  has the meaning given such term in section 31132 of title 49, United States Code.
(2)
Institution of higher education
The term  institution of higher education  has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
(3)
Postsecondary vocational institution
The term  postsecondary vocational institution  has the meaning given such term in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) ).
VI
Innovation
6001.
Strengthening mobility and revolutionizing transportation grant program
Section 25005 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 502  note) is amended—
(1)
in subsection (d)(3)—
(A)
in subparagraph (A)—
(i)
in clause (i)—
(I)
by striking subclause (III); and
(II)
by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; and
(ii)
in clause (ii)(IV) by striking  connect or expand access for underserved or disadvantaged populations and ; and
(B)
in subparagraph (B)—
(i)
by redesignating clauses (ii) through (viii) as clauses (iii) through (ix), respectively; and
(ii)
by inserting after clause (i) the following:
(ii)
promote new and emerging technologies that have not been widely deployed;
 ;
(2)
in subsection (e)(1)(A)(vii) by striking  to support  through the period at the end and inserting  that is predominantly used in or to support transportation activities ;
(3)
in subsection (f)(3) by inserting  and annually thereafter through 2031,  after  under this section, ; and
(4)
in subsection (g)(1) by striking  each of the first 5 fiscal years beginning after the date of enactment of this Act  and inserting  each of fiscal years 2027 through 2031 .
6002.
Technology deployment
Section 503(c) of title 23, United States Code, is amended—
(1)
in paragraph (3)(D) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ;
(2)
in paragraph (3)(E) by striking  3 years  and inserting  2 years ;
(3)
in paragraph (4)—
(A)
in the heading by striking
and innovative mobility  ;
(B)
in subparagraph (B)—
(i)
in clause (iv) by striking  protect the environment and ;
(ii)
by striking clause (xii);
(iii)
in clause (x) by adding  or  at the end; and
(iv)
in clause (xi) by striking  ; or  and inserting a period;
(C)
in subparagraph (E)—
(i)
in clause (xv) by striking  ; or  and inserting a semicolon;
(ii)
in clause (xvi) by striking the period and inserting  ; or ; and
(iii)
by adding at the end the following:
(xvii)
cybersecurity protection measures and activities to protect against cybersecurity threats.
 ;
(D)
in subparagraph (I)(i) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(E)
in subparagraph (K) by striking  20 percent  and inserting  10 percent ; and
(4)
in paragraph (5)—
(A)
in subparagraph (C) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(B)
in subparagraph (D)(i)—
(i)
in subclause (I) by striking  and  at the end;
(ii)
in subclause (II) by striking the period and inserting  ; and ; and
(iii)
by adding at the end the following:
(III)
any recommendations or best practices to encourage wider deployment and implementation of advanced digital management systems by States.
  .
6003.
Strategic innovation for revenue collection
Section 13001 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 503  note) is amended—
(1)
in subsection (b)(3)—
(A)
in subparagraph (A)—
(i)
by striking  To test  and all that follows through  including among  and inserting  To test the design, acceptance, and implementation of user-based alternative revenue mechanisms at the State and regional level, and with respect to all types of roadway users, including users in ; and
(ii)
by striking clause (ii) and inserting the following:
(ii)
urban, suburban, and rural areas.
 ; and
(B)
in subparagraph (G) by inserting  and effectiveness  after  the ease ;
(2)
in subsection (d) by inserting  and annually thereafter,  after  this Act, ; and
(3)
in subsection (e)(1) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
6004.
National motor vehicle per-mile user fee pilot
Section 13002 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 503  note) is amended—
(1)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking  demonstrate  and inserting  implement ;
(ii)
in subparagraph (A) by striking  and  at the end;
(iii)
in subparagraph (B) by striking the period at the end and inserting  ; and ; and
(iv)
by adding at the end the following:
(C)
to preserve the  user-pays  principle of the Highway Trust Fund.
 ; and
(B)
in paragraph (2)—
(i)
in subparagraph (B) by striking  and  at the end;
(ii)
in subparagraph (C) by striking the period at the end and inserting  ; and ; and
(iii)
by adding at the end the following:
(D)
to collect and report data on—
(i)
the differential effects of a national per-mile road usage charge and the Federal motor fuels tax between urban and rural drivers; and
(ii)
the interoperability of road usage charge collection between the States.
 ;
(2)
in subsection (d)(1)—
(A)
in the matter preceding subparagraph (A) by inserting  , testing, and evaluating  after  selecting ;
(B)
in subparagraph (E) by inserting  and data from the entities that received grants under section 13001  before the period at the end;
(C)
in subparagraph (F) by striking  stations  and inserting  and motor vehicle inspection stations ;
(D)
by redesignating subparagraph (G) as subparagraph (I); and
(E)
by inserting after subparagraph (F) the following:
(G)
Reporting by volunteer participants, including reporting through State departments of motor vehicles.
(H)
Odometer-based systems.
 ;
(3)
in subsection (f)(2)(A) by inserting  and the vehicles of such participants  after  participants ;
(4)
in subsection (g)—
(A)
in paragraph (1)—
(i)
in the matter preceding subparagraph (A) by striking  Not later than 90 days after the date of enactment of this Act  and inserting  Not later than 30 days after the date of enactment of the  BUILD America 250 Act  ;
(ii)
in subparagraph (B) by striking  and  at the end;
(iii)
in subparagraph (C) by striking the period at the end and inserting  ; and ; and
(iv)
by adding at the end the following:
(D)
identifying information gaps to be addressed by the strategic innovation for revenue collection program established under section 13001.
 ; and
(B)
in paragraph (3) by inserting  , and the Secretary shall provide such recommendations to the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives and the Committee on Environment and Public Works and the Committee on Finance of the Senate  after  pilot program ;
(5)
in subsection (h)(1)—
(A)
in the matter preceding subparagraph (A) by striking  may  and inserting  shall ; and
(B)
in subparagraph (B) by inserting  strategic innovation for revenue collection program established under section 13001 and the  after  from the ; and
(6)
in subsection (n) by striking paragraph (1) and inserting the following:
(1)
progress made toward achieving the objectives described in subsection (b)(2);
 ; and
(7)
in subsection (o)(1) by striking  2022 through 2026  and inserting  2027 through 2031 .
6005.
ITS Advisory Committee
Section 515(h)(2) of title 23, United States Code, is amended—
(1)
by redesignating subparagraphs (Q) through (W) as subparagraphs (R) through (X), respectively; and
(2)
by inserting after subparagraph (P) the following:
(Q)
a representative from a labor organization representing transportation workers;
 .
6006.
Encouraged use of digital platforms
(a)
In general
Section 102(h) of title 49, United States Code, is amended—
(1)
in paragraphs (5) and (6) by striking  Center  each place it appears and inserting  Executive Director ; and
(2)
by adding at the end the following:
(D)
Encouraged use of digital platforms
The Executive Director, in coordination with the appropriate operating administrations within the Department, shall, as appropriate, encourage recipients of Federal funds provided by the Department to utilize digital platforms, such as interactive cloud-based platforms or 3-dimensional digital models of infrastructure project elements, when carrying out environmental reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
 .
(b)
Guidance
Not later than 1 year after the date of enactment of this Act, the Executive Director of the Interagency Infrastructure Permitting Improvement Center of the Department shall publish technology-neutral guidance to facilitate the adoption of digital platforms by sponsors of projects that receive Federal funds from the Department that are required to carry out the environmental impact analysis and community engagement processes under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
6007.
Nontraditional and Emerging Transportation Technology Council
Section 313 of title 49, United States Code, is amended—
(1)
in subsection (c)—
(A)
in paragraph (3) by striking  ; and  and inserting
, including—
(A)
State and local transportation officials;
(B)
transportation industry associations;
(C)
academia and research institutes;
(D)
representatives from labor organizations representing transportation workers; and
(E)
other stakeholders as determined appropriate by the Council;
 ;
(B)
in paragraph (4) by striking the period at the end and inserting  , including digital infrastructure; and ; and
(C)
by adding at the end the following:
(5)
identify cases where nontraditional and emerging technologies may be beneficial across multiple modal administrations.
 ; and
(2)
in subsection (h)—
(A)
by striking  2026  and inserting  2031 ; and
(B)
by striking  describing  and all that follows through the period at the end and inserting
describing—
(1)
the activities of the Council during the preceding calendar year; and
(2)
how each modal administration of the Department of Transportation is incorporating nontraditional and emerging technologies the Council has identified as beneficial into the initiatives of the administration.
 .
6008.
University transportation centers program
(a)
In general
Section 5505 of title 49, United States Code, is amended—
(1)
in subsection (b)(4)(B)(vi) by inserting  to State and local transportation officials  after  disseminate results ;
(2)
in subsection (c)(4)(A) by striking  not more than ; and
(3)
in subsection (d)(3) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 .
(b)
Rule of construction
Nothing in this section shall be construed to require the Secretary to provide a greater number of grants under section 5505 of title 49, United States Code, than there are eligible applicants.
6009.
Prohibition related to certain foreign-made LiDAR technology
(a)
Definitions
In this section:
(1)
Covered foreign country; covered LiDAR company; Covered LiDAR technology; LiDAR
The terms  covered foreign country ,  covered LiDAR company ,  covered LiDAR technology  , and  LiDAR  have the meanings given those terms in section 164(e) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (10 U.S.C. note prec. 4651;  Public Law 118–159 ).
(2)
Recipient
The term  recipient  means a person or entity, including a State or local governmental authority, that receives Federal financial assistance from the Department.
(3)
Subrecipient
The term  subrecipient  means a person or entity, including a State or local governmental authority, that receives Federal financial assistance indirectly from the Department through a recipient for purposes of carrying out a contract or an award agreement, including a loan.
(b)
Prohibition on use or procurement of certain LiDAR
(1)
In general
Except as provided in paragraph (3), the Secretary may not—
(A)
procure or obtain—
(i)
any covered LiDAR technology;
(ii)
any LiDAR technology otherwise produced or provided by a covered LiDAR company; or
(iii)
any LiDAR technology produced in or provided by a covered foreign country; or
(B)
enter into, extend, or renew a contract, award agreement, or loan with any entity unless the entity certifies to the Secretary that no recipient or subrecipient party to the relevant contract, award agreement, or loan will obligate or expend Federal financial assistance associated with such contract, award agreement, or loan to procure or obtain covered LiDAR technology described in clause (ii) or (iii) of subparagraph (A).
(2)
Waiver
The Secretary may waive the prohibition under paragraph (1) on a case-by-case basis by submitting to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 15 days before the applicable activity is carried out—
(A)
a written certification that the activity to which the prohibition applies and for which a waiver will be provided is in the national interest of the United States; and
(B)
a description of the activity for which the waiver will be provided.
(3)
Exemption
Paragraph (1) shall not apply to any grant, operation, procurement, or contracting action that is—
(A)
performed by a Federal agency or through a contract or subcontract on behalf of a Federal agency;
(B)
determined by the Secretary to be used for transportation safety purposes, including testing, research, evaluation, analysis, investigation, or training related to transportation safety; and
(C)
not for commercial operations.
(c)
Effective date
The prohibition under subsection (b) shall only apply to a written agreement, grant agreement, or contract entered into by the Secretary on or after the date that is 1 year after the date of enactment of this Act.
6010.
Data privacy
(a)
In general
In carrying out any activity of the Department related to predictive analytics, telematics, or any other validated methodology tools, the Secretary shall, to the maximum extent practicable, ensure that personally identifiable information is protected in accordance with applicable Federal privacy laws.
(b)
Interoffice coordination
In carrying out subsection (a), the Secretary shall ensure that, with respect to the use of any tool described in subsection (a), all practices relating to the protection of personally identifiable information are consistent across each office and operating administration of the Department, including the—
(1)
Federal Highway Administration;
(2)
National Highway Traffic Safety Administration;
(3)
Office of the Assistant Secretary for Research and Technology; and
(4)
Intelligent Transportation Systems Joint Program Office.
(c)
Guidance
Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and issue guidance on best practices for—
(1)
anonymizing and securing safety-related data and protecting personally identifiable information;
(2)
promoting transparency and accountability in the use of predictive analytics, telematics, and other data-driven tools; and
(3)
ensuring that safety-related data and technologies are grounded in validated methodologies to ensure reliability and effectiveness.
(d)
Rule of construction
Nothing in subsection (a) shall be construed by the Secretary to preclude the use of innovative technologies or data sources that support safety outcomes and comply with applicable privacy protections.
6011.
Study on adoption and deployment of new and emerging technologies
(a)
Study
(1)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Transportation Research Board of the National Academies to conduct a study to review the strategy of the Department to encourage the adoption of new and emerging technologies, including digital project delivery tools and intelligent transportation systems.
(2)
Scope
In conducting the study under subsection (a), the Transportation Research Board shall—
(A)
quantify cost savings and safety benefits related to adoption of new and emerging technologies;
(B)
identify potential cost increases or safety risks related to the adoption of new and emerging technologies;
(C)
evaluate the positive and negative impacts the adoption of new and emerging technologies has on the transportation workforce; and
(D)
provide recommendations relevant to the findings of the study.
(b)
Consultation
In conducting the study under subsection (a), the Transportation Research Board shall consult with—
(1)
the modal administrations of the Department;
(2)
State departments of transportation;
(3)
a representative from a transportation safety advocacy organization;
(4)
a representative from a labor organization representing transportation workers; and
(5)
any other entities the Transportation Research Board determines to be relevant.
(c)
Report
If the Transportation Research Board enters into an agreement under subsection (a), not later than 18 months after the date on which the study under subsection (a) is completed, the Transportation Research Board shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the study conducted under subsection (a).
6012.
Autonomous vehicle accessibility study
(a)
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Transportation Research Board of the National Academies to conduct a study to determine what changes to transportation infrastructure would most improve the ability of individuals with disabilities, including individuals who use wheelchairs, to safely access and use ride-hail ADS-equipped vehicles, by considering the following:
(1)
Technological solutions for dynamic curb management.
(2)
Sidewalk and roadway designs.
(3)
Dedicated pick-up and drop-off zones.
(4)
Curb extension.
(5)
Infrastructure design.
(6)
Any other factors relating to transportation infrastructure the Secretary determines should be examined to better enable individuals with disabilities to safely access and use ride-hail ADS-equipped vehicles.
(b)
Considerations
The Secretary shall ensure that, in conducting the study under subsection (a), the Transportation Research Board considers—
(1)
the degree to which each change to transportation infrastructure considered under such study would improve ADS-equipped vehicle access;
(2)
the cost-effectiveness of such changes;
(3)
the applicability or replicability of such changes in urban, suburban, rural, and other areas; and
(4)
whether existing regulatory or policy requirements pose barriers to the efficient adoption of such changes.
(c)
Reports
(1)
Report to Secretary
If the Transportation Research Board enters into an agreement under subsection (a), not later than 180 days after the date on which the study under subsection (a) is completed, the Transportation Research Board shall submit to the Secretary a report on the results of such study, including any recommendations determined appropriate by the Transportation Research Board.
(2)
Report to Congress
Not later than 60 days after the date on which the Transportation Research Board submits the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate a report describing the results of the study required under subsection (a), including any recommendations for further action determined appropriate by the Secretary.
(d)
Definitions
In this section:
(1)
ADS-equipped vehicle
The term  ADS-equipped vehicle  has the meaning given to the term as provided in the April 2021 edition of recommended practice J3016 of SAE International titled  Taxonomy and Definitions for Terms Related to Driving Automation Systems for On Road Motor Vehicles .
(2)
Ride-hail ADS-equipped vehicles
The term  ride-hail ADS-equipped vehicles  means an ADS-equipped vehicle that is—
(A)
offered for pre-arranged transportation services for compensation, using an internet-enabled application or electronic platform to connect passengers with vehicles; and
(B)
dispatched in a driverless operation.
6013.
GAO study of intelligent transportation systems physical and cyber vulnerabilities
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall initiate a study on the physical and cybersecurity risks associated with intelligent transportation systems and advanced transportation technology.
(b)
Requirements
In conducting the study required under subsection (a), the Comptroller General shall—
(1)
assess physical and cybersecurity vulnerabilities for data and network protection of intelligent transportation systems;
(2)
assess Federal, State, and local government procurement of foreign-manufactured devices and undocumented communication features in such devices; and
(3)
include recommendations to the Secretary to reduce the risk of physical or cyber vulnerabilities associated with intelligent transportation systems and advanced transportation technologies.
(c)
Report
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study required under subsection (a), including any recommendations associated with such results.
(d)
Classification
The report required under subsection (c) shall be submitted in an unclassified form, but may include a classified annex.
(e)
Intelligent transportation system defined
In this section, the term  intelligent transportation system  means electronics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system.
6014.
GAO study and report on automated driving systems safety assurance
(a)
In general
Not later than 6 months after the date of enactment of this Act, the Comptroller General shall initiate a study to assess what changes to surface transportation infrastructure may be necessary for the safe deployment of vehicles equipped with automated driving systems.
(b)
Considerations
In conducting the study required under subsection (a), the Comptroller General shall evaluate—
(1)
if the National Highway Traffic Safety Administration accurately collects incident data; and
(2)
if changes are needed to—
(A)
data standardization requirements; and
(B)
data sharing and privacy protocols.
(c)
Consultation
In conducting the study required under subsection (a), the Comptroller General shall consult with—
(1)
State departments of transportation;
(2)
representatives of law enforcement;
(3)
manufacturers of automated driving systems;
(4)
transportation safety advocacy organizations; and
(5)
other stakeholders the Comptroller General determines appropriate.
(d)
Report to Congress
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study conducted under subsection (a).
6015.
Technical assistance
 The Secretary may provide such guidance as may be necessary, including technical assistance, to State departments of transportation to enable the use of construction materials on Federal-aid projects that are manufactured using a process that—
(1)
produces materials with—
(A)
superior durability to conventional materials; and
(B)
superior performance with respect to—
(i)
compressive strength;
(ii)
tensile strength; or
(iii)
workability; and
(2)
produces materials that meet the engineering specifications of the State and achieve superior performance with respect to—
(A)
environmental performance; or
(B)
energy efficiency.
VII
Freight and Multimodal Transportation Programs
A
Freight Policy
7001.
National multimodal freight policy
(a)
In general
Section 70101 of title 49, United States Code, is amended—
(1)
in subsection (b)(1)(A) by striking  the contribution of the National Multimodal Freight Network to ;
(2)
by redesignating subsection (c) as subsection (d); and
(3)
by inserting after subsection (b) the following:
(c)
Consideration
In awarding competitive grants under section 6701 of this title and section 117 of title 23, the Secretary shall consider, to the maximum extent practicable—
(1)
how a project would address or eliminate bottlenecks identified on the National Multimodal Freight Network; and
(2)
how a project would improve the movement of freight on the National Multimodal Freight Network.
 .
(b)
Assessment of national multimodal freight policy
(1)
In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall conduct a comprehensive review of the national multimodal freight policy under section 70101 of title 49, United States Code, and report to Congress.
(2)
Contents
In carrying out the review under paragraph (1), the Comptroller General shall assess—
(A)
the implementation of the national multimodal freight policy under section 70101 of title 49, United States Code;
(B)
the extent to which the national strategic freight plan is utilized by State transportation departments and relevant stakeholders;
(C)
requirements under subsections (b) and (c) of section 70103 of title 49, United States Code, relating to the designation and redesignation of the National Multimodal Freight Network and the process for considering input from State transportation departments provided under subsection (b)(4) of such section;
(D)
efforts made under this Act, the Infrastructure Investment and Jobs Act (Public Law  Public Law 117–58 ), and the Fixing America’s Surface Transportation Act ( Public Law 114–94 ) to improve the movement of freight; and
(E)
the effectiveness of national multimodal freight policy in addressing freight mobility issues, including bottlenecks on the National Multimodal Freight Network and on other freight systems in the United States, including such bottlenecks at highway interchanges.
(3)
Recommendations
The report required under paragraph (1) shall include recommendations based on the assessment of the Comptroller General under paragraph (2), which may include recommendations to—
(A)
strengthen the national multimodal freight policy; and
(B)
address freight mobility issues through the national multimodal freight policy, including mitigating bottlenecks on the National Multimodal Freight Network and on other highway systems across the United States.
(4)
Report
The Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the assessment and recommendations required under this subsection.
7002.
National freight strategic plan
Section 70102 of title 49, United States Code, is amended—
(1)
in subsection (a) by striking  Internet Web site  and inserting  website ;
(2)
in subsection (b)—
(A)
in paragraph (7), by inserting  , including inland maritime port facilities  after  intermodal connectivity ; and
(B)
in paragraph (15), by striking  and historically disadvantaged ; and
(3)
in subsection (c)—
(A)
by striking  Not later than 5 years after the date of completion of the national freight strategic plan under subsection (a), and every 5 years thereafter,  and inserting  Not less frequently than every 3 years, ; and
(B)
by striking  Internet Web site  and inserting  website .
7003.
National multimodal freight network
Section 70103 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (3) by striking  ; and  and inserting a semicolon;
(B)
by redesignating paragraph (4) as paragraph (5); and
(C)
by inserting after paragraph (3) the following:
(4)
to identify and address freight mobility challenges, including bottlenecks; and
 ;
(2)
in subsection (b)—
(A)
in paragraph (1)(A) by inserting  , including by addressing freight mobility challenges  after  connectivity ;
(B)
in paragraph (4)—
(i)
in subparagraph (B)(iii)—
(I)
in subclause (IV) by striking  ; or  and inserting a semicolon;
(II)
by redesignating subclause (V) as subclause (VII); and
(III)
by inserting after subclause (IV) the following:
(V)
a water storage facility;
(VI)
an inland maritime port facility; or
  ;
(ii)
in subparagraph (C)—
(I)
in clause (i) by striking  Under Secretary  and inserting  Assistant Secretary ; and
(II)
in clause (ii)—
(aa)
in the clause heading by striking
Under Secretary   and inserting
Assistant Secretary  ; and
(bb)
by striking  Under Secretary  and inserting  Assistant Secretary ; and
(iii)
in subparagraph (D) by striking  Under Secretary  and inserting  Assistant Secretary ; and
(3)
by striking subsection (c) and inserting the following:
(c)
Redesignation of national multimodal freight network
The Assistant Secretary shall, on a triennial basis and using the designation factors described in subsection (b), redesignate the National Multimodal Freight Network established under subsection (a).
 .
7004.
State freight advisory committees
Section 70201(c) of title 49, United States Code, is amended by striking  shall  and inserting  may .
7005.
State freight plans
Section 70202 of title 49, United States Code, is amended—
(1)
in subsection (b)(8) by striking  any strategies  and inserting  strategies and actions the State proposes ;
(2)
by redesignating subsection (h) as subsection (i); and
(3)
by inserting after subsection (g) the following:
(h)
Solutions for bottlenecks at highway interchanges
Each State freight plan under this section shall include—
(1)
a list of freight bottlenecks, including those at highway interchanges, if applicable; and
(2)
solutions for addressing freight bottlenecks, including those at highway interchanges, identified under paragraph (1).
 .
7006.
Freight Logistics Optimization Works Program
(a)
In general
 Chapter 63  of title 49, United States Code, is amended by adding at the end the following:
6315.
Freight Logistics Optimization Works Program
(a)
Establishment
The Director, in coordination with the Office of Multimodal Freight Infrastructure and Policy, shall establish and maintain a program to be known as the  Freight Logistics Optimization Works Program  (in this section referred to as the  FLOW Program ) to improve freight system efficiency, resilience, and supply chain visibility through voluntary public-private data sharing.
(b)
Goals
The goals of the FLOW Program shall be to—
(1)
enhance visibility into national and regional freight flows;
(2)
identify and mitigate freight bottlenecks;
(3)
improve freight system forecasting and planning;
(4)
strengthen supply chain resilience; and
(5)
support data-informed freight policy development.
(c)
Participation
Participation in the FLOW Program shall be voluntary and may include—
(1)
port authorities;
(2)
terminal operators;
(3)
ocean carriers;
(4)
rail carriers;
(5)
motor carriers;
(6)
shippers;
(7)
logistics providers;
(8)
warehouse operators; and
(9)
any other freight stakeholders, as determined by the Director.
(d)
Data protection
The Director shall ensure that data submitted to the FLOW Program is—
(1)
aggregated and anonymized prior to dissemination;
(2)
protected in accordance with section 6307 of this title and section 3572 of title 44; and
(3)
exempt from disclosure under section 552 of title 5.
(e)
Data stewardship
The Bureau shall serve as the neutral data steward and shall develop protocols to ensure data security, integrity, and appropriate access.
(f)
Use of data
Data collected under the FLOW Program may be used to—
(1)
produce aggregated freight performance metrics;
(2)
inform freight planning and optimization; and
(3)
support emergency response and supply chain resilience efforts.
 .
(b)
Coordination
Section 118 of title 49, United States Code, is amended—
(1)
in subsection (c)—
(A)
in paragraph (6) by striking  and  at the end;
(B)
by redesignating paragraph (7) as paragraph (8); and
(C)
by inserting after paragraph (6) the following:
(7)
to carry out the Freight Logistics Optimization Works Program established under section 6315, in coordination with the Bureau of Transportation Statistics; and
 ; and
(2)
in subsection (d)(5) by inserting  , including data aggregated through the Freight Logistics Optimization Works Program established under section 6315  after  planning tools .
B
Multimodal Policy and Programs
7101.
Streamlining positions within Office of the Secretary
(a)
In general
Section 102 of title 49, United States Code, is amended—
(1)
in subsection (e)(1)—
(A)
in the matter preceding subparagraph (A) by striking  8  and inserting  9 ;
(B)
in subparagraph (A) by striking  an Assistant Secretary for Governmental Affairs, ;
(C)
in subparagraph (B) by striking  who shall  and inserting  an Assistant Secretary for Governmental Affairs, and an Assistant Secretary for Tribal Government Affairs, who shall each ;
(D)
in subparagraph (C) by adding  and  at the end;
(E)
by striking subparagraph (D); and
(F)
by redesignating subparagraph (E) as subparagraph (D); and
(2)
by striking subsection (g).
(b)
Conforming amendments
(1)
Coordination
Section 102(j)(4) of title 49, United States Code, is amended by striking  subsection (e)(1)(E)  and inserting  subsection (e)(1) .
(2)
Positions at level IV
Section 5315 of title 5, United States Code, is amended by striking  Assistant Secretaries of Transportation (5)  and inserting  Assistant Secretaries of Transportation (9) .
7102.
Council on Credit and Finance transparency
Section 117 of title 49, United States Code, is amended by adding at the end the following new subsection:
(d)
Transparency
Not later than 15 days after a meeting of the Council, the Secretary shall publish on the website of the Department a summary of the meeting, including—
(1)
an agenda; and
(2)
a record of decisions and actions.
 .
7103.
Amendments to working capital fund
Section 327 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (4) by striking  ; and  and inserting a semicolon;
(B)
in paragraph (5) by striking the period and inserting  ; and ; and
(C)
by adding at the end the following:
(6)
transferring information technology equipment, software, and systems from Departmental sources or other entities and collecting and maintaining a reserve at rates which will return the full cost of transferred assets.
 ; and
(2)
in subsection (d) by striking  shall be reimbursed, in advance,  and inserting  may be reimbursed after performance or paid in advance .
7104.
Transportation assistance for international games
(a)
In general
 Chapter 55  of title 49, United States Code, is amended by inserting after  section 5501  the following:
5502.
Transportation assistance for international games
(a)
Definitions
In this section:
(1)
Covered event
(A)
In general
The term  covered event  means an event that—
(i)
in the determination of the Secretary, is a multiday international sporting event, including—
(I)
an Olympic, Paralympic, or Special Olympics event;
(II)
a FIFA Women’s World Cup event; and
(III)
a FIFA World Cup event;
(ii)
is held at a site located in a State that has been selected by an internationally recognized governing body for the sporting event to hold such event; and
(iii)
is not regularly held at such site.
(B)
Treatment of multiple events
More than 1 event described in subparagraph (A), occurring in the same stadium, city, metropolitan planning area (as defined in section 5331), or metropolitan statistical area (as designated by the Director of the Office of Management and Budget), shall be treated as part of the same overall competition, sporting event, or grouping of competitions or sporting events and shall be considered to be 1 covered event.
(2)
Eligible entity
The term  eligible entity  means—
(A)
a State or local government entity or Indian Tribe hosting a covered event;
(B)
a State or local government entity or Indian Tribe that—
(i)
is supporting a covered event; and
(ii)
has jurisdiction over an area that is located within a 100-mile radius of the location in which the applicable covered event is being held;
(C)
a metropolitan planning organization (as such term is defined in section 5331) that serves an area that is under the jurisdiction of a State, Indian Tribe, or unit of local government described in subparagraph (A) or (B);
(D)
an entity eligible to receive a grant under section 24911 that operates intercity passenger rail service within a 100-mile radius of the location in which the applicable covered event is being held; or
(E)
the sponsor of an airport—
(i)
receiving a grant under subchapter I of chapter 471; and
(ii)
that is located within a 100-mile radius of the location in which the applicable covered event is being held.
(3)
Eligible project
The term  eligible project  means—
(A)
a transportation project that is eligible for assistance under any provision of this title or title 23 and that the applicant certifies—
(i)
 will assist with the movement of individuals and goods for the applicable covered event; or
(ii)
will mitigate or prevent any adverse effects from the transportation changes resulting from a covered event; or
(B)
a transportation planning activity that the applicant certifies will assist with the movement of individuals and goods for the applicable covered event.
(4)
Indian Tribe
The term  Indian Tribe  has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).
(5)
Secretary
The term  Secretary  means the Secretary of Transportation.
(6)
State
The term  State  has the meaning given such term in section 5302.
(b)
Grants for transportation projects relating to international games
(1)
In general
For each fiscal year in which appropriations are provided to carry out this section, the Secretary may make grants under this section to eligible entities to carry out an eligible project.
(2)
Prohibition
A grant under this section may not be used by an eligible entity for any activities related to preparing or submitting a bid to be selected to host a covered event.
(3)
Award requirements
(A)
In general
Except as provided in subparagraph (B), the Secretary shall, with respect to a project funded by a grant under this section, apply—
(i)
the requirements of title 23 to a highway, road, or bridge project;
(ii)
the requirements of chapter 53 to a transit project; or
(iii)
the requirements of section 22905 to a rail project.
(B)
Requirements for airports
The requirements described under chapters 501 and 471 shall apply to any project carried out by an eligible entity described in subsection (a)(2)(E) with amounts made available under this section.
(4)
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section, to remain available until expended—
(A)
$50,000,000 for fiscal year 2027;
(B)
$50,000,000 for fiscal year 2028;
(C)
$50,000,000 for fiscal year 2029;
(D)
$50,000,000 for fiscal year 2030; and
(E)
$50,000,000 for fiscal year 2031.
(c)
Transportation planning activities
The Secretary shall provide technical and planning assistance to recipients of a grant under this section, including—
(1)
by assisting State or local governmental entities, metropolitan planning organizations, and Indian Tribes with the development of intermodal transportation plans relating to a covered event;
(2)
by facilitating and incentivizing programs to temporarily pool and share, for the duration of a covered event, buses and related equipment among State and local governmental entities, Indian Tribes, and other governmental and nongovernmental entities;
(3)
by expediting review and comment of any required submissions to the Secretary relating to a covered event;
(4)
by assisting with the coordination of transportation planning efforts between governments and the private sector; and
(5)
by providing any other technical or planning assistance the Secretary determines to be necessary.
 .
(b)
Clerical amendment
The analysis for  chapter 55  of title 49, United States Code, is amended by inserting after the item relating to  section 5501  the following:
5502. Transportation assistance for international games.
  .
7105.
National infrastructure project assistance
Section 6701 of title 49, United States Code, is amended—
(1)
in subsection (a)(2)(E) by inserting  , a lessee of a Federal surface transportation hub,  after  special purpose district ;
(2)
by striking subparagraph (E) of subsection (d)(1) and inserting the following:
(E)
a public transportation project—
(i)
that is—
(I)
eligible for assistance under chapter 53; and
(II)
part of a project described in any of subparagraphs (A) through (D); or
(ii)
that is—
(I)
eligible for assistance under section 5309; and
(II)
located in an urbanized area of 200,000 or more population; or
 ;
(3)
in subsection (f)—
(A)
in paragraph (2)—
(i)
in subparagraph (B)(v) by striking  impacts,  and all that follows through  resilience;  and inserting  impacts; ; and
(ii)
in subparagraph (E) by striking  , including with respect to short- and long-term job access, growth, or creation ;
(B)
in paragraph (3)—
(i)
in subparagraph (C) by striking  uses  and all that follows through  technologies  and inserting  uses innovative construction materials or technologies ;
(ii)
by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively;
(iii)
by inserting after subparagraph (C) the following:
(D)
whether a project would address the impact of population growth on the movement of people and freight; and
 ; and
(iv)
in subparagraph (F), as so redesignated, by striking  transportation, including  and all that follows through  rail; and  and inserting  transportation; and ;
(4)
in subsection (h)(1)(B) by striking  for the purpose of improving habitat for aquatic species  and inserting  that are eligible under section 176(d) of title 23 ;
(5)
in subsection (k) by striking  30 days  and inserting  3 days ; and
(6)
in subsection (m)—
(A)
in paragraph (1) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(B)
in paragraph (2) by striking  50 percent  and inserting  25 percent .
7106.
Local and regional project assistance
Section 6702 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
in subparagraph (B) by striking  2014 through 2018; and  and inserting  2019 through 2023; ;
(ii)
by redesignating subparagraph (C) as subparagraph (D); and
(iii)
by inserting after subparagraph (B) the following:
(C)
any qualified opportunity zone, as such term is defined in  section 1400Z–1  of the Internal Revenue Code of 1986; and
 ; and
(B)
in paragraph (2)(F) by inserting  or a lessee of a Federal surface transportation hub  after  transportation function ;
(2)
in subsection (a)(3)(G) by striking  for the purpose of improving habitat for aquatic species  and inserting  that is eligible under section 176(d) of title 23 and ;
(3)
in subsection (b)(2) by inserting  surface  after  impact and improve ;
(4)
in subsection (d)—
(A)
in paragraph (4)—
(i)
in subparagraph (C) by striking  the project has demonstrated readiness; and  and inserting  construction of the project is reasonably expected to begin not later than 18 months after the date on which the grant recipient is selected; ;
(ii)
by redesignating subparagraph (D) as subparagraph (E); and
(iii)
by inserting after subparagraph (C) the following:
(D)
the project sponsor includes documentation certifying such sponsor has notified a State department of transportation if the project is located on a State-owned or State-managed transportation facility; and
 ;
(B)
by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; and
(C)
by inserting after paragraph (4) the following:
(5)
Limitation
In awarding grants under the program established in subsection (b), the Secretary shall select grant recipients based only on the selection criteria described in paragraphs (3) and (4).
 ;
(5)
in subsection (e)—
(A)
in paragraph (2) by striking  , a historically disadvantaged community, ; and
(B)
by adding at the end the following:
(4)
Pre-award authority
(A)
In general
The Secretary shall provide pre-award authority for eligible pre-award activities to permit expenses to be incurred by a recipient during the period beginning on the date on which the recipient is selected and ending on the date on which the grant agreement is signed.
(B)
Eligible pre-award activities
The Secretary shall make publicly available in the notice of funding opportunity the eligible pre-award activities for an award under this section which shall be similar in nature to eligible pre-award activities granted to applicants under section 5309.
 ;
(6)
in subsection (f)(2)—
(A)
in the heading by striking
Historically disadvantaged communities and areas   and inserting
Areas  ; and
(B)
by striking  historically disadvantaged communities or ;
(7)
in subsection (g)—
(A)
by redesignating paragraph (2) as paragraph (3); and
(B)
by inserting after paragraph (1) the following:
(2)
Treatment
Amounts provided under this subsection shall not be considered a guarantee of future selection of the applicable project under the program.
 ;
(8)
in subsection (j) by striking  fiscal years 2022 through 2026  and inserting  fiscal years 2027 through 2031 ; and
(9)
in subsection (k)(2) by striking  Not later than  and all that follows through  shall  and inserting  Not less frequently than every 2 years, the Comptroller General of the United States shall .
7107.
National culvert removal, replacement, and restoration grant program
Section 6703 of title 49, United States Code, is amended—
(1)
in subsection (b)—
(A)
in the matter preceding paragraph (1) by striking  or weirs that  and inserting  or weirs, including projects that ; and
(B)
in paragraph (2) by striking  may include  and all that follows through  weir improvements  and inserting  shall include infrastructure to facilitate fish passage around or over the weir ; and
(2)
in subsection (c)—
(A)
in paragraph (1) by inserting  or the District of Columbia  after  a State ;
(B)
in paragraph (2) by striking  or  at the end;
(C)
in paragraph (3) by striking the period and inserting  ; or ; and
(D)
by adding at the end the following:
(4)
any combination or consortium of an entity described in paragraphs (1) through (3).
 .
7108.
Rural and Tribal infrastructure advancement pilot extension
Section 21205 of the Infrastructure Investment and Jobs Act ( 49 U.S.C. 116  note) is amended—
(1)
in subsection (f)—
(A)
in paragraph (1) by striking  2026  and inserting  2031 ;
(B)
by striking paragraph (2); and
(C)
by redesignating paragraph (3) as paragraph (2); and
(2)
in subsection (g) by striking  the date that is 5 years after the date of enactment of this Act  and inserting  October 1, 2031 .
7109.
Advisory committee on cargo theft and freight fraud
(a)
Establishment
Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory committee to provide advice and recommendations to the Secretary on regulations and policies to better deter and address cargo theft and freight fraud.
(b)
Membership
The advisory committee established under subsection (a) shall be composed of not more than 20 members, appointed by the Secretary, including representatives of—
(1)
Federal law enforcement agencies;
(2)
local and State law enforcement agencies;
(3)
motor carriers, including independent owner-operators;
(4)
shipping and logistics companies, including third-party logistics providers;
(5)
brokers;
(6)
multimodal freight operators, including port and marine terminal operators;
(7)
cybersecurity professionals; and
(8)
other stakeholders that the Secretary determines appropriate.
(c)
Considerations
The advisory committee established under subsection (a) shall consider—
(1)
the various types of cargo theft, including—
(A)
theft in which an entire load of cargo is physically stolen from a location;
(B)
theft in which part of a load of cargo is stolen from an unattended trailer; and
(C)
theft in which specific cargo is stolen, which may involve fleet impersonation or double-brokering;
(2)
the geographic and type of location at which cargo theft occurs;
(3)
the type of cargo being stolen;
(4)
the financial costs of cargo theft, including—
(A)
the indirect financial costs to consumers;
(B)
supply chain operational disruptions;
(C)
chain-of-custody responsibilities between carriers and customers; and
(D)
insurance costs;
(5)
the role of law enforcement and the cross-jurisdictional nature of freight movement;
(6)
physical and cybersecurity measures used by carriers to combat cargo theft, including zero trust verification and detection of emulators and voice over internet protocol numbers; and
(7)
regulations, policies, and guidance of the Department related to motor carriers, including motor carrier registration, data exchange and verification, and supply chain integrity.
(d)
Report to Congress
Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the advisory committee established under subsection (a) shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—
(1)
describes the advice and recommendations made to the Secretary under subsection (a); and
(2)
includes an assessment of progress made by the Secretary in addressing cargo theft and freight fraud.
VIII
Miscellaneous
8001.
Title 23 technical corrections
(a)
Title 23 chapter analysis
The chapter analysis for title 23, United States Code, is amended by striking the item relating to chapter 1 and inserting the following:
       1.  Federal-Aid Highways  101.    .
(b)
Metropolitan transportation planning
Section 134(a)(1) of title 23, United States Code, is amended—
(1)
by striking  areas  and inserting  areas, ; and
(2)
by striking  employment,,  and inserting  employment, .
(c)
Enforcement of requirements
Section 141(b) of title 23, United States Code, is amended—
(1)
in paragraph (1) by striking  subsection (b) of this section  and inserting  subsection (a) ;
(2)
in paragraph (2) by striking  subsection (b) of this section  and inserting  subsection (a) ; and
(3)
in paragraph (3) by striking  of this subsection .
(d)
Safety incentives to prevent operation of motor vehicles by intoxicated persons
Section 163(f) of title 23, United States Code, is amended to read as follows:
(f)
Availability of funds
Notwithstanding section 118(b), funds authorized by this subsection shall remain available until expended.
 .
8002.
Title 49 technical corrections
(a)
Regulation of solid waste rail transfer facilities
Section 10908(a) of title 49, United States Code, is amended by inserting a comma after  ( 42 U.S.C. 6903(29) ) .
(b)
Situations requiring immediate action to serve the public
Section 11123(f) of title 49, United States Code, is amended by striking  section 24102(4)  and inserting  section 24102 .
(c)
Chapter 117 analysis
The analysis for  chapter 117  of title 49, United States Code, is amended by striking the item relating to section 11708 and inserting the following:
11708. Voluntary arbitration of certain rail rates and practices disputes.
  .
(d)
Miscellaneous motor carrier transportation exemptions
Section 13506(a)(14) of title 49, United State Code, is amended by striking  section 13904(d)  and inserting  section 13904(f) .
(e)
Chapter 139 analysis
The analysis for  chapter 139  of title 49, United States Code, is amended by striking the item relating to section 13901 and inserting the following:
13901. Requirements for registration.
  .
(f)
Effective periods of registration
Section 13905(d)(2)(B)(iii) of title 49, United States Code, is amended by striking  for failure .
(g)
Security of motor carriers, motor private carriers, brokers, and freight forwarders
Section 13906 of title 49, United States Code, is amended—
(1)
in subsection (a)(1) by striking  paragraph (3) of this subsection  and inserting  paragraph (4) ;
(2)
in subsection (b)(7)(C) by striking  to provider  and inserting  to provide ; and
(3)
in subsection (c)(2)(A)(ii) by striking  in the case  and inserting  in a case in which .
(h)
Unified carrier registration system plan and agreement
Section 14504a of title 49, United States Code, is amended—
(1)
in subsection (b) by striking  section 13903(b)  and inserting  section 13903(d) ; and
(2)
in subsection (c)(2) by striking  which  and inserting  for which .
(i)
State participation
Section 20105(a) of title 49, United States Code, is amended—
(1)
by striking  The Secretary concerned  and inserting  A Secretary concerned ;
(2)
by striking  issued by the Secretary that  and inserting  issued by such Secretary ; and
(3)
by striking  submits to the Secretary concerned  and inserting  submits to such Secretary .
(j)
Employee protections
Section 20109 of title 49, United States Code, is amended—
(1)
in subsection (a)(1)(A) by striking  of title 5  and inserting  of title 5) ;
(2)
in subsection (d)(2)(A)(i) by striking  (d)(1)  and inserting  subsection (d)(1) ;
(3)
in subsection (d)(2)(A)(iii) by striking  in 42121.  and inserting  in section 42121. ; and
(4)
in subsection (d)(4) by striking  42121(b),  and inserting  42121(b) .
(k)
Subtitle V analysis
The chapter analysis for subtitle V of title 49, United States Code, is amended—
(1)
by striking the item relating to chapter 224 and inserting the following:
  224.  Railroad Rehabilitation and Improvement Financing  22401.    ;
(2)
by striking the item relating to chapter 227 and inserting the following:
       227.  State Rail Plans  22701.    ;
(3)
by striking the item relating to chapter 242 and inserting the following:
  242.  Project Delivery  24201.    ; and
(4)
by striking the item relating to chapter 251 and inserting the following:
       251.  Passenger Rail Planning  25101.    .
(l)
Chapter 201 analysis
The analysis for  chapter 201  of title 49, United States Code, is amended—
(1)
by striking the item relating to section 20106 and inserting the following:
20106. Preemption.
  ; and
(2)
by striking the item relating to section 20165 and inserting the following:
20165. Limitations on non-Federal alcohol and drug testing.
  .
(m)
Enforcement report
Section 20120 of title 49, United States Code, is amended—
(1)
in subsection (a) by striking  Beginning  and all that follows through  an annual report that  and inserting  The Secretary of Transportation shall submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that— ;
(2)
in subsection (a)(4) by striking  provide the information  and inserting  provides the information ; and
(3)
by adding at the end the following:
(b)
Public availability
The Secretary shall—
(1)
make the report required to be submitted under subsection (a) publicly available; and
(2)
publish such report on the website of the Department of Transportation not later than December 31 of each year.
 .
(n)
Implementation of positive train control systems
Section 20157 of title 49, United States Code, is amended—
(1)
in subsection (k) by striking  Act  and inserting  subsection ; and
(2)
in subsection (l) by striking  subject to (a)(1)  and inserting  subject to subsection (a)(1) .
(o)
Requirements for railroad freight cars placed into service in the United States
Section 20171(c)(3)(B) of title 49, United States Code, is amended by striking  Railroad’s  and inserting  Railroads’ .
(p)
Nonapplication, exemption, and alternate hours of service regime
Section 21102(c)(4) of title 49, United States Code, is amended by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.
(q)
Capital grants for class II and class III railroads
Section 22301(e)(2) of title 49, United States Code, is amended by striking  the subchapter  and inserting  subchapter .
(r)
Authorization of appropriations
Section 22406 of title 49, United States Code, is amended in the section heading by striking
appropriations.   and inserting
appropriations  .
(s)
Definitions
Section 22701 of title 49, United States Code, is amended by striking  In this subchapter  and inserting  In this chapter .
(t)
Content
Section 22705(a)(11) of title 49, United States Code, is amended by striking  subchapter  and inserting  chapter .
(u)
Chapter 229 analysis
The analysis for  chapter 229  of title 49, United States Code, is amended by striking the item relating to 22902 and inserting the following:
22902. Capital investment grants to support intercity passenger rail service.
  .
(v)
Capital investment grants to support intercity passenger rail service
Section 22902 of title 49, United States Code, is amended—
(1)
in subsection (c)(3)(A)(vii) by striking  5302(a)(1)(G)  and inserting  5302(5) ;
(2)
in subsection (d) by striking  22506  and inserting  22706 ;
(3)
in subsection (e) by striking  22504(a)(5)  and inserting  22705 ; and
(4)
in subsection (k) by striking  section 209(d) of that Act  and inserting  chapter 229 .
(w)
Chapter 243 analysis
The analysis for  chapter 243  of title 49, United States Code, is amended by striking the item relating to section 24316 and inserting the following:
24316. Plans to address needs of families of passengers involved in rail passenger accidents.
  .
(x)
Status and applicable laws
Section 24301(a)(1) of title 49, United States Code, is amended by striking  20102(2)  and inserting  20102 .
(y)
Chapter 247 analysis
The analysis for  chapter 247  of title 49, United States Code, is amended—
(1)
in the item relating to section 24702 by adding a period at the end; and
(2)
by striking the item relating to section 24710 and inserting the following:
24710. Long-distance routes.
  .
(z)
State-supported routes operated by Amtrak
Section 24712(a)(7)(B)(i) of title 49, United States Code, is amended by striking  20901 note  and inserting  24101 note .
(aa)
Northeast Corridor Commission; Safety Committee
Section 24905 of title 49, United States Code, is amended—
(1)
in the section heading by striking
Commission; safety committee   and inserting
Commission  ; and
(2)
in subsection (c)(1)(D) by striking  subparagraph (B);  and inserting  subparagraph (B); and .
(bb)
Federal-State partnership for intercity passenger rail
Section 24911(e) of title 49, United States Code, is amended—
(1)
in paragraph (3) by striking  24904(a)  and inserting  24904(b) ; and
(2)
in paragraph (4) by striking  24904(d)  and inserting  24904(a)(3) .
(cc)
Definitions
Section 26105(1) of title 49, United States Code, is amended by striking  contracts,,  and inserting  contracts, .
(dd)
Rail police officers
Section 28101(c)(1) of title 49, United States Code, is amended by striking  police office  and inserting  police officer .
(ee)
Chapter 285 analysis
The analysis for  chapter 285  of title 49, United States Code, is amended by striking the item relating to section 28501 and inserting the following:
28501. Definitions.
  .
(ff)
Subtitle VI analysis
The analysis for subtitle VI of title 49, United States Code, is amended by striking the item relating to chapter 311 and inserting the following:
  311.  Commercial Motor Vehicle Safety  31100.    .
(gg)
Special exemptions
Section 30114(a) of title 49, United States Code, is amended by striking  (a) Vehicles Used for Particular Purposes. The Secretary  and inserting  (a)
Vehicles used for particular purposes .—The Secretary .
(hh)
Release of motor vehicles and bonds
Section 30146(d) of title 49, United States Code, is amended by striking  mispresentation  and inserting  misrepresentation .
(ii)
Inspections, investigations, and records
Section 30166(e) of title 49, United States Code, is amended by striking  distributor dealer,  and inserting  distributor, dealer, .
(jj)
Criminal penalties
Section 30170 of title 49, United States Code, is amended—
(1)
in the section heading by striking
Criminal Penalties   and inserting
Criminal penalties  ; and
(2)
in subsection (a)(1) by striking  section 1365(g)(3)  and inserting  section 1365(h)(3) .
(kk)
Powers and duties
Section 30182(b)(6) of title 49, United States Code, is amended by striking  Department  and inserting  the Department .
(ll)
Criminal penalties
Section 30307(a) of title 49, United States Code, is amended by striking  section 30305(b)(6)  and inserting  section 30305(b)(11) .
(mm)
Employee protections
Section 31105(c) of title 49, United States Code, is amended by striking  paragraph (1)  and inserting  subsection (b)(1) .
(nn)
Property-carrying unit limitation
Section 31112 of title 49, United States Code, is amended—
(1)
in subsection (c)(5) by striking  relevant state  and inserting  relevant State ; and
(2)
by striking paragraph (4) of subsection (d).
(oo)
Definitions
Paragraph (8) of section 31132 of title 49, United States Code, is amended to read as follows:
(8)
 State —
(A)
means a State of the United States and the District of Columbia; and
(B)
in sections 31136, 31141, and 31142, includes a political subdivision of a State.
 .
(pp)
Requirement for registration and USDOT number
Section 31134 of title 49, United States Code, is amended—
(1)
in subsection (b) by striking  (2)(A) during  and inserting  (2) during ; and
(2)
in subsection (c)(1) by striking  sections  and inserting  section .
(qq)
Electronic logging devices and brake maintenance regulations
Section 31137(a)(1) of title 49, United States Code, is amended by striking  be equipped  and inserting  to be equipped .
(rr)
Chapter 313 analysis
The analysis for  chapter 313  of title 49, United States Code, is amended by striking the item relating to section 31306a and inserting the following:
31306a. National clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators.
  .
(ss)
Disqualifications
Section 31310(d)(2) of title 49, United States Code, is amended—
(1)
by striking  paragraph (9)  and inserting  paragraph (12) ; and
(2)
by striking  7102(9)  and inserting  7102(12) .
(tt)
Requirements for qualifications, hours of service, safety, and equipment standards
Section 31502(e)(4) of title 49, United States Code, is amended—
(1)
in subparagraph (A) by striking  purposes of section  and all that follows through the period at the end and inserting  purposes of section 229(a)(4) of the Motor Carrier Safety Improvement Act of 1999 ( 49 U.S.C. 31136  note). ; and
(2)
in subparagraph (B) by striking  under section 345(e)(6)  and all that follows through the period at the end and inserting  under section 229(e)(6) of the Motor Carrier Safety Improvement Act of 1999 ( 49 U.S.C. 31136  note). .
(uu)
Consumer tire information and standards
Section 32304A of title 49, United States Code, is amended—
(1)
in subsection (a)(2)(D) by striking  program including,  and inserting  program, including ;
(2)
in subsection (b)(2)(A) by striking  this Act  and inserting  the FAST Act ( Public Law 114–94 ) ;
(3)
in subsection (c)(2)(C) by striking  this Act  and inserting  the FAST Act ( Public Law 114–94 )  ; and
(4)
in subsection (d)(3)(A) by striking  this Act  and inserting  the FAST Act ( Public Law 114–94 ) .
(vv)
Bumper standards
Section 32502(c)(3) of title 49, United States Code, is amended by striking  section 30013(b)  and inserting  section 30113(b) .
(ww)
Credits
Section 32903(a)(2) of title 49, United States Code, is amended by striking  paragraph (1)  and inserting  paragraph (1), .
(xx)
Fuel economy information
Section 32908(g)(3) of title 49, United States Code, is amended by striking  32905(h)  and inserting  32905(g) .
IX
Sport Fishing and Recreational Boating Safety
9001.
Division of annual appropriations
Section 4 of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777c ) is amended—
(1)
in subsection (a) by striking  2026  and inserting  2031 ; and
(2)
in subsection (b)—
(A)
in paragraph (1)(A) by striking  2026  and inserting  2031 ; and
(B)
in paragraph (2)(A) by striking  of fiscal years 2022 through 2026  and inserting  fiscal year through 2031 .
9002.
Funding for interstate fisheries commission activities
Section 14(e) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777m(e) ) is amended—
(1)
by striking  Not more than $1,200,000 of each  and inserting  Each ; and
(2)
in paragraph (1), by striking  $200,000  and inserting  The greater amount of either 0.0375 percent of such appropriation or $200,000 .
9003.
Boating infrastructure priorities
(a)
In general
Section 8(g) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777g(g)  is amended to read as follows:
(g)
Boating infrastructure grants
(1)
Purpose
The purpose of this section is to provide funds to States for the development and maintenance of facilities for transient nontrailerable recreational vessels.
(2)
Plan
A State may develop and submit to the Secretary a plan for the construction, renovation, and maintenance of facilities for transient nontrailerable recreational vessels, and access to such facilities, to meet the needs of nontrailerable recreational vessels operating on navigable waters in the State.
(3)
Grants
(A)
Matching grants
The Secretary of the Interior shall obligate amounts made available under section 777c(a)(4) 1 of this title to make grants to any State to pay not more than 75 percent of the cost to a State of constructing, renovating, or maintaining facilities for transient nontrailerable recreational vessels.
(B)
Priorities
In awarding grants under subparagraph (A), the Secretary shall give priority to projects that—
(i)
consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational vessels in accordance with a plan submitted by a State under paragraph (2);
(ii)
provide for public-private partnership efforts to develop, maintain, and operate facilities for transient nontrailerable recreational vessels;
(iii)
propose innovative ways to increase the availability of facilities for transient nontrailerable recreational vessels; and
(iv)
(I)
construct, renovate, or maintain a strategic maritime fuels station; or
(II)
transport strategic maritime fuels to a strategic maritime fuels station for use by transient nontrailerable recreational vessels.
(4)
Definitions
In this section:
(A)
Nontrailerable recreational vessel
The term  nontrailerable recreational vessel  means a recreational vessel 26 feet in length or longer—
(i)
operated primarily for pleasure; or
(ii)
leased, rented, or chartered to another for the latter's pleasure.
(B)
Facilities for transient nontrailerable recreational vessels
The term  facilities for transient nontrailerable recreational vessels  includes mooring buoys, day-docks, navigational aids, seasonal slips, safe harbors, or similar structures located on navigable waters, that are available to the general public (as determined by the Secretary of the Interior) and designed for temporary use by nontrailerable recreational vessels.
(C)
State
The term  State  means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(D)
Strategic maritime fuel station
The term  strategic maritime fuel station  means a facility that has a bulk fuel storage tank to dispense drop-in alternative marine fuels into marine vessels.
(E)
Strategic maritime fuels
The term  strategic maritime fuels  means motor fuels derived from cooking oil waste, animal fats, plant-based materials or other production methods that meet the requirements of a drop-in fuel for gasoline or diesel marine engines.
(F)
Drop-in fuels
The term  drop-in fuels  means finished gasoline with renewable content of at least 12.5 percent by volume not exceeding 3.7 percent oxygen by weight for use in marine applications meeting ASTM D4814 specifications. Renewable diesel up to 100 percent by volume and biodiesel blends up to 5 percent by volume meeting ASTM D975 paraffinic fuel specifications.
 .
(b)
Conforming amendment
Section 7404 of the Sportfishing and Boating Safety Act of 1998 ( 16 U.S.C. 777g–1 ) is repealed.
X
Railroads and Hazardous Materials
A
Authorization of Appropriations and Grant Reforms
10101.
Grants to Amtrak
(a)
Northeast Corridor
There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the Northeast Corridor the following amounts:
(1)
For fiscal year 2027, $1,950,000,000.
(2)
For fiscal year 2028, $2,010,000,000.
(3)
For fiscal year 2029, $2,070,000,000.
(4)
For fiscal year 2030, $2,131,667,000.
(5)
For fiscal year 2031, $2,193,333,000.
(b)
National Network
There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the National Network the following amounts:
(1)
For fiscal year 2027, $3,900,000,000.
(2)
For fiscal year 2028, $4,020,000,000.
(3)
For fiscal year 2029, $4,140,000,000.
(4)
For fiscal year 2030, $4,263,333,000.
(5)
For fiscal year 2031, $4,386,667,000.
(c)
Oversight
The Secretary may withhold up to 1 percent from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for the costs of oversight of Amtrak.
(d)
State-Supported Route Committee
The Secretary may withhold up to $6,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for use by the State-Supported Route Committee established under section 24712(a) of title 49, United States Code.
(e)
Northeast Corridor Commission
The Secretary may withhold up to $8,000,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for use by the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code.
(f)
Accessibility upgrades
(1)
In general
The Secretary shall withhold from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) $100,000,000 for grants to assist Amtrak with capital projects to improve the accessibility of the national rail passenger transportation system by increasing the number of existing Amtrak facilities for which Amtrak has the primary or shared responsibility for compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) that are compliant with the requirements of such Act and to carry out the action plan required under section 24315(b)(1)(D) of title 49, United States Code, until the Secretary determines Amtrak’s existing facilities are in compliance with such requirements.
(2)
Savings provision
Nothing in paragraph (1) may be construed to prevent Amtrak from using additional funds appropriated pursuant to this section to carry out the activities authorized under such paragraph.
10102.
Federal Railroad Administration
(a)
Safety and operations
There are authorized to be appropriated to the Secretary for the operations of the Federal Railroad Administration and to carry out railroad safety activities the following amounts:
(1)
For fiscal year 2027, $292,780,000.
(2)
For fiscal year 2028, $300,520,000.
(3)
For fiscal year 2029, $308,460,000.
(4)
For fiscal year 2030, $316,620,000.
(5)
For fiscal year 2031, $325,000,000.
(b)
Railroad research and development
There are authorized to be appropriated to the Secretary for the use of the Federal Railroad Administration for activities associated with railroad research and development the following amounts:
(1)
For fiscal year 2027, $48,270,000.
(2)
For fiscal year 2028, $49,570,000.
(3)
For fiscal year 2029, $50,910,000.
(4)
For fiscal year 2030, $52,290,000.
(5)
For fiscal year 2031, $53,700,000.
(c)
Transportation technology center
The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for activities described under section 20108(d) of title 49, United States Code.
(d)
Rail Research and Development Center of Excellence
The Secretary may withhold up to 10 percent of the amount appropriated for each fiscal year under subsection (b) for grants authorized under section 20108(j) of title 49, United States Code.
(e)
Safety culture grants
The Secretary may withhold up to $2,500,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for grants authorized under section 20172 of title 49, United States Code.
10103.
Competitive grants
(a)
Consolidated rail infrastructure and safety improvements grants
(1)
In general
There is authorized to be appropriated to the Secretary for grants under section 22907 of title 49, United States Code, the following amounts:
(A)
For fiscal year 2027, $1,720,500,000.
(B)
For fiscal year 2028, $1,770,500,000.
(C)
For fiscal year 2029, $1,820,500,000.
(D)
For fiscal year 2030, $1,870,600,000.
(E)
For fiscal year 2031, $1,920,600,000.
(2)
Rail technology and asset pilot program
Of the amounts authorized to be appropriated under paragraph (1), up to $100,000,000 for each of fiscal years 2027 through 2031 shall be available to the Secretary to carry out the rail technology and asset pilot program described in section 10408.
(3)
Oversight
The Secretary may withhold up to 2 percent of the amount appropriated for each fiscal year pursuant to paragraph (1) for the costs of project management oversight of grants authorized under title 49, United States Code.
(b)
Railroad crossing safety improvements and elimination program
(1)
In general
There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United States Code, the following amounts:
(A)
For fiscal year 2027, $675,000,000.
(B)
For fiscal year 2028, $700,000,000.
(C)
For fiscal year 2029, $725,000,000.
(D)
For fiscal year 2030, $750,000,000.
(E)
For fiscal year 2031, $800,000,000.
(2)
Highway-rail grade crossing safety information and education program
Of the amount appropriated under paragraph (1) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program—
(A)
to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities, including suicides; and
(B)
to improve awareness for pedestrians and motorists along railroad rights-of-way and at highway-rail grade crossings.
(3)
Oversight
The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to paragraph (1) for the costs of project management and oversight of grants authorized under title 49, United States Code.
(c)
National intercity passenger railroad partnership program
(1)
In general
There is authorized to be appropriated to the Secretary for grants under section 24911 of title 49, United States Code, the following amounts:
(A)
For fiscal year 2027, $3,500,000,000.
(B)
For fiscal year 2028, $3,600,000,000.
(C)
For fiscal year 2029, $3,700,000,000.
(D)
For fiscal year 2030, $3,800,000,000.
(E)
For fiscal year 2031, $3,900,000,000.
(2)
Oversight
The Secretary may withhold up to 2 percent of an amount appropriated under paragraph (1) for the costs of project management oversight of grants authorized under title 49, United States Code.
(3)
Interstate rail compacts
The Secretary may withhold up to $8,000,000 from the amount appropriated for each fiscal year pursuant to paragraph (1) for grants authorized under section 22910 of title 49, United States Code.
10104.
Consolidated rail infrastructure and safety improvements
Section 22907 of title 49, United States Code, is amended—
(1)
in subsection (b)—
(A)
in paragraph (4) by inserting  or a lessee of a federally-owned transportation hub  after  States ;
(B)
in paragraph (12) by striking  A University transportation center  and inserting  An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) ; and
(C)
by adding at the end the following:
(14)
A State, county, municipal, local, or regional law enforcement agency.
 ;
(2)
in subsection (c)—
(A)
in paragraph (3) by inserting  , including projects that facilitate intercity passenger rail ridership growth or improve the movement of freight by reducing rail traffic congestion on shared rail lines or at crossings and junctions  before the period;
(B)
in paragraph (7) by inserting  and related equipment, including locomotives  before the period;
(C)
in paragraph (12) by striking  that the Secretary considers necessary  and all that follows through the period and inserting the following:  , development, or testing that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements, including wayside defect detection technology, rail car and train movement monitoring technology, and advanced systems, that enhance the safety and efficiency of railroad operations and oversight. ;
(D)
by striking paragraph (4); and
(E)
by redesignating paragraphs (5) through (16) as paragraphs (4) through (15), respectively;
(3)
in subsection (e)—
(A)
in paragraph (1)—
(i)
in subparagraph (A) by striking  and  at the end;
(ii)
in subparagraph (B) by striking the period and inserting  ; and ; and
(iii)
by adding at the end the following:
(C)
not consider a cost-benefit analysis as part of the selection criteria under subparagraph (C) for projects described in paragraphs (7), (9), (10), (11), and (12) of subsection (c) for which a cost-benefit analysis may not be necessary, as determined by the Secretary, and may waive any requirement for an application for such projects to include a cost-benefit analysis.
 ; and
(B)
in paragraph (2)—
(i)
by redesignating subparagraph (F) as subparagraph (G); and
(ii)
by inserting after subparagraph (E) the following:
(F)
The extent to which the project increases safety or improves the efficient movement of freight or passengers.
 ;
(4)
in subsection (g)(2) by striking  urbanized area, as defined by the Bureau of the Census  and inserting  urban area, as defined by the Bureau of the Census with a population of 50,000 or less ;
(5)
in subsection (h)—
(A)
in paragraph (2) by inserting  , except that the Secretary may waive the non-Federal cost share requirement for a project eligible under subsection (c)(10)  after  80 percent ; and
(B)
in paragraph (4)—
(i)
by striking  subsection (c)(5)  and inserting  subsection (c)(4) ; and
(ii)
by striking  subsection (c)(11)  and inserting  subsection (c)(10) ; and
(6)
by adding at the end the following:
(m)
Quarterly report
(1)
In general
The Secretary shall make available on the website of the Department of Transportation at the end of each quarter of each fiscal year a report that describes each eligible project for which a grant was provided under this section.
(2)
Requirements
The report under paragraph (1) shall include, for each such grant—
(A)
the name, awarded amount, and status of the grant agreement from award announcement to obligation, to outlay, to closeout;
(B)
whether the applicant requested and received pre-award reimbursement and for what amount;
(C)
whether the project used a categorical exclusion and which exclusion was used; and
(D)
whether the process under section 306108 of title 54 has been completed or is expected to be completed.
 .
10105.
Railroad crossing safety improvements and elimination program
Section 22909 of title 49, United States Code, is amended—
(1)
in subsection (c)—
(A)
in paragraph (7) by striking  through (6)  and inserting  through (7) ;
(B)
by redesignating paragraph (7) as paragraph (8); and
(C)
by inserting after paragraph (6) the following:
(7)
A nonprofit organization that specializes in rail safety advocacy and education.
 ;
(2)
in subsection (f)(1)—
(A)
in subparagraph (F) by striking  and  at the end;
(B)
in subparagraph (G) by striking the period and inserting  ; and ; and
(C)
by adding at the end the following:
(H)
if applicable to the project, utilize advanced technology and data to—
(i)
augment the scope of the project to increase safety; and
(ii)
reduce overall costs of the project.
 ;
(3)
in subsection (g) by striking  Except as provided in paragraph (2), the  and inserting  The ;
(4)
in subsection (j)(2) by striking  shall transfer  and inserting  may transfer ; and
(5)
in subsection (k) by striking  urbanized area  and inserting  urban area .
10106.
National intercity passenger railroad partnership program
(a)
In general
Section 24911 of title 49, United States Code, is amended—
(1)
by striking the heading and inserting
National intercity passenger railroad partnership program  ;
(2)
in subsection (a)—
(A)
in paragraph (1)—
(i)
in subparagraph (H) by striking  through (G)  and inserting  through (H) ;
(ii)
in subparagraph (F) by inserting  or a lessee of a federally-owned transportation hub  after  States ;
(iii)
by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and
(iv)
by inserting after subparagraph (F) the following:
(G)
a rail carrier other than Amtrak that provides intercity rail passenger transportation;
 ; and
(B)
by adding at the end the following:
(4)
Operating assistance
The term  operating assistance , with respect to any route subject to section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ), means any cost allocated, or that may be allocated, to a route pursuant to the cost methodology established under such section or under section 24712.
 ;
(3)
in subsection (b)—
(A)
by striking  involved;.  and inserting  involved; and ;
(B)
by striking  competitive basis, to fund  and inserting the following:
competitive basis, to—
(1)
fund
 ; and
(C)
by adding at the end the following:
(2)
provide operating assistance under subsection (e) to eligible entities for the purpose of restoring, enhancing, or initiating intercity rail passenger transportation.
 ;
(4)
in subsection (c)—
(A)
in the heading by striking
Eligible   and inserting
Capital  ;
(B)
in the matter preceding paragraph (1) by striking  under this section  and inserting  pursuant to subsection (b)(1) ; and
(C)
by adding at the end the following:
(6)
By an interstate rail compact, the procurement of rolling stock equipment for use in a multistate equipment pool, as well as costs related to the leasing, lease-to-own, maintenance, and storage of such equipment to create an equipment pool.
(7)
The lease of equipment from a multistate equipment pool administered by an interstate rail compact, including leasing with an intent to own.
 ;
(5)
in subsection (d)—
(A)
in the heading by inserting
Capital   before
Project  ;
(B)
by striking  under this section  and inserting  under subsection (b)(1)  each place it appears;
(C)
in paragraph (1)(A) by striking  subsection (e)(1)  and inserting  subsection (f)(1) ;
(D)
in paragraph (1)(B)(ii) by striking  before the commencement of the project;  and inserting  and, if applicable, demonstrates such project is supported by an acceptable degree of non-Federal financial commitment before the commencement of the project; ;
(E)
in paragraph (2)—
(i)
in subparagraph (A)—
(I)
in clause (ii) by striking  an Amtrak route  and inserting  an intercity passenger rail route ; and
(II)
by striking clause (iii) and inserting the following:
(iii)
for which an applicant demonstrates such project is partially supported by non-Federal financial commitment; and
 ; and
(ii)
in subparagraph (B)—
(I)
in clause (i)(II) by inserting  projected operating revenue, that may include ticket prices  after  trip or transit time, ;
(II)
in clause (ii) by inserting  , which shall include estimates of ridership, fare collection, and travel demand,  after  business plan ; and
(III)
in clause (vii) by striking the  and  at the end;
(F)
by redesignating paragraph (3) as paragraph (4); and
(G)
by inserting after paragraph (2) the following:
(3)
in determining whether a project is supported by an acceptable degree of non-Federal financial commitment for purposes of paragraph (1) and (2), the Secretary shall consider—
(A)
the credibility of forecasting methods used to estimate costs and utilization made by an applicant described in subsection (a)(1);
(B)
existing grant commitments;
(C)
the degree to which financing sources are dedicated to the purposes proposed; and
(D)
the extent to which the project has financial commitment that exceeds the required non-Federal share of the cost of the project; and
 ;
(6)
in subsection (f)—
(A)
by striking  this section  each place it appears and inserting  subsection (b)(1) ;
(B)
in paragraph (2) by striking  , except as specified under paragraph (4) ;
(C)
by redesignating paragraphs (1) through (3) as subparagraph (A) through (C), respectively;
(D)
by inserting before subparagraph (A), as so redesignated, the following:
(1)
Capital projects
The following shall apply to capital projects described in subsection (b)(1):
 ; and
(E)
by adding at the end the following:
(2)
Operating assistance
(A)
Restoring or initiating service
Grants described in subsection (e) for projects for restoring or initiating intercity passenger rail service may not exceed—
(i)
70 percent of the projected net operating costs for the first year of service;
(ii)
60 percent of the projected net operating costs for the second year of service;
(iii)
50 percent of the projected net operating costs for the third year of service;
(iv)
40 percent of the projected net operating costs for the fourth year of service; and
(v)
30 percent of the projected net operating costs for the fifth year of service.
(B)
Enhancing service
Grants described in subsection (e) for projects for enhancing intercity passenger rail service may not exceed—
(i)
60 percent of the projected net operating costs for the first year of service;
(ii)
50 percent of the projected net operating costs for the second year of service;
(iii)
40 percent of the projected net operating costs for the third year of service;
(iv)
30 percent of the projected net operating costs for the fourth year of service; and
(v)
20 percent of the projected net operating costs for the fifth year of service.
 ;
(7)
in subsection (g) by adding at the end the following:
(5)
Applicability
This subsection shall not apply to projects described under subsection (e).
 ;
(8)
in subsection (k)—
(A)
by striking  The Secretary may withhold up to  and inserting the following:
(1)
In general
The Secretary shall withhold
 ;
(B)
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; and
(C)
by adding at the end the following:
(2)
Applicability
This subsection shall not apply to funds appropriated on or after October 1, 2031.
 ;
(9)
by redesignating subsections (h) through (k) as subsections (j) through (m), respectively;
(10)
by redesignating subsections (e) through (g) as subsections (f) through (h), respectively;
(11)
by inserting after subsection (d) the following:
(e)
Operating assistance
(1)
Application
An applicant for a grant under this subsection shall submit to the Secretary—
(A)
a capital and mobilization plan that—
(i)
describes any capital investments, service planning actions (including environmental reviews), and mobilization actions (including qualification of train crews) required for initiation, enhancement, or restoration of intercity rail passenger transportation; and
(ii)
includes the timeline for undertaking and completing each of the investments and actions referred to in clause (i);
(B)
an operating plan that describes the planned operation of the service, including—
(i)
the identity and qualifications of the train operator;
(ii)
the identity and qualifications of any other service providers;
(iii)
service frequency;
(iv)
the planned routes and schedules;
(v)
the station facilities that are or will be used;
(vi)
projected ridership, revenues, and costs;
(vii)
projected operating revenue, which may include ticket prices;
(viii)
descriptions of how the projections under clauses (vi) and (vii) were developed;
(ix)
the equipment that is or will be used, how such equipment will be acquired or refurbished (if needed to operate new, enhanced, or restored service), and where such equipment is or will be maintained; and
(x)
a plan for ensuring safe operations and compliance with applicable safety regulations;
(C)
a funding plan that—
(i)
describes the funding of initial capital costs and operating costs for the first 5 years of operation;
(ii)
includes a commitment by the applicant to provide the funding described in clause (i) to the extent not covered by Federal financial assistance; and
(iii)
describes the funding of operating costs and capital costs, to the extent necessary, after the first 5 years of operation; and
(D)
a description of the status of negotiations and agreements with—
(i)
each of the railroads or regional transportation authorities whose tracks or facilities are or would be used by the service;
(ii)
the anticipated railroad carrier, if such carrier is not part of the applicant group; and
(iii)
any other service providers or entities expected to provide services or facilities that are or will be used by the service, including any required access to Amtrak systems, stations, and facilities if Amtrak is not part of the applicant group.
(2)
Prioritization
In awarding grants under this subsection, the Secretary shall give priority to applications—
(A)
for which planning, design, any environmental reviews, negotiation of agreements, acquisition of equipment, construction, and other actions necessary for initiation of service have been completed or nearly completed;
(B)
that include funding (including funding from railroads), or other significant participation by State, local, and regional governmental and private entities;
(C)
that include a funding plan that demonstrates the intercity rail passenger service will be financially sustainable beyond the grant period;
(D)
that would restore service over routes in an area affected by an emergency (as defined in section 5320);
(E)
that would enhance connectivity and geographic coverage of the existing national network of intercity passenger rail service; and
(F)
for routes selected under the Corridor Identification and Development Program.
(3)
Limitations
(A)
Duration
Federal operating grants authorized under this subsection for any individual intercity rail passenger transportation route may not provide funding for more than 5 years and may not be renewed.
(B)
Eligibility
The Secretary may not renew operating assistance under this subsection for any project substantially similar to a project that received financial assistance under section 22908, as in effect on the day before the date of enactment of the  BUILD America 250 Act .
(4)
Use with capital grants and other Federal funding
A recipient of an operating assistance grant under this subsection may use such grant in combination with other Federal grants awarded that would benefit the applicable service.
(5)
Coordination with Amtrak
If the Secretary awards a grant under this subsection to a rail carrier other than Amtrak, consistent with section 24711(c)(1), the Secretary may—
(A)
require Amtrak to provide access to the Amtrak-owned reservation system, stations, and facilities that are directly related to operations to such carrier, to the extent necessary to carry out the purposes of this subsection; and
(B)
award an appropriate portion of the grant to Amtrak as compensation for such access.
(6)
Conditions
(A)
Grant agreement
The Secretary shall require a grant recipient under this subsection to enter into a grant agreement that requires such recipient to provide information regarding the route performance, financial, and ridership projections, and capital and business plans that Amtrak is required to provide, and such other data and information as the Secretary considers necessary.
(B)
Termination
The Secretary may terminate any grant agreement upon—
(i)
the cessation of the applicable service; or
(ii)
the violation of terms of the grant agreement.
(C)
Grant conditions
(i)
Application
The Secretary shall require each recipient of a grant under this subsection to comply with the grant requirements of section 22905.
(ii)
Exemption
The grant requirements of section 22903 shall not apply to grants awarded under this subsection.
 ; and
(12)
by inserting after subsection (h), as so redesignated, the following:
(i)
Limitation on Operating Assistance
The Secretary may withhold up to 5 percent of funds appropriated pursuant to this section in each fiscal year to carry out subsection (e).
 .
(b)
Conforming repeal of restoration and enhancement grants
(1)
In general
Section 22908 of title 49, United States Code, is repealed.
(2)
Clerical amendment
The analysis for  chapter 229  of title 49, United States Code, is amended by striking the item related to section 22908.
(c)
Treatment of prior awards for restoration and enhancement grants
The Secretary shall treat grants awarded before the date of enactment of this Act under section 22908 of title 49, United States Code, under the requirements of such section as in effect on the day before the date of enactment of this Act.
10107.
Corridor identification and development program
(a)
In general
Section 25101 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
by striking  Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the  and inserting  The ;
(B)
in paragraph (4) by striking  section 22210  and inserting  section 22910 ;
(C)
in paragraph (6) by striking  and  at the end;
(D)
by redesignating paragraph (7) as paragraph (8); and
(E)
by inserting after paragraph (6) the following:
(7)
a process for preparing service development plans in accordance with subsection (d), while allowing for eligible entities described in subsection (b) to concurrently undertake project development work, including preliminary engineering and environmental activities, if the Secretary determines such eligible entity has the capability, authority, and experience to concurrently prepare such plan and undertake such work and has secured the required non-Federal funding to undertake such work; and
 ;
(2)
in subsection (d)—
(A)
in paragraph (1) by inserting  projected operating revenue, which may include ticket prices,  after  operating speeds, ;
(B)
in paragraph (8)(E) by inserting  maintenance  before  costs ;
(C)
in paragraph (11)—
(i)
by striking  benefits  and inserting  impacts ; and
(ii)
by striking  and  at the end;
(D)
in paragraph (12) by striking the period at the end and inserting a semicolon; and
(E)
by adding at the end the following:
(13)
a description of the methodologies, assumptions, and factors used to determine each projection identified under paragraph (8), including a description of how market, economic, and other factors may affect each such projection and, if applicable, alternative projections;
(14)
a financial contingency plan to account for unforeseen project cost increases or delays;
(15)
if applicable, a description of other proposed modal alternatives to the proposed corridor, including a no-build alternative;
(16)
if applicable, the effect of corridor service on freight rail, including, if necessary, a description of capital investments necessary to avoid conflicts with the movement of freight by rail; and
(17)
an analysis of the amounts and identified source of non-Federal financial support for operations and maintenance.
 ;
(3)
in subsection (e)—
(A)
in the subsection heading by inserting
and review   after
Consultation  ;
(B)
in paragraph (4) by striking  and  at the end;
(C)
in paragraph (5) by striking the period and inserting  ; and ;
(D)
by redesignating paragraphs (1), (2), (3), (4), and (5) as subparagraphs (A), (B), (C), (D), and (F), respectively;
(E)
by inserting after subparagraph (D) (as so redesignated) the following:
(E)
entities implementing interstate rail compacts; and
 ;
(F)
by striking  shall consult with—  and inserting the following:
shall—
(1)
consult with—
 ; and
(G)
by adding at the end the following:
(2)
review the methodologies, assumptions, and factors used by an eligible entity in development of the financial plan required under subsection (d)(8) and—
(A)
concur with such financial plan;
(B)
if the Secretary determines that the projections and analysis included in such financial plan are partially supported by the analysis required in this section, grant conditional concurrence with the plan if—
(i)
such eligible entity agrees to update such financial plan, as determined by the Secretary in coordination with the eligible entity; or
(ii)
the Secretary determines the alternative projections provided pursuant to subsection (d)(13) are sufficient; or
(C)
if the Secretary determines the description or alternative projections required under subsection (d)(13) are not supported by the analysis required in this section, allow such eligible entity to solicit a third-party review by a qualified entity with experience in estimating such projections and incorporate the projections from such review into such financial plan, and the Secretary may reimburse such eligible entity for any expenses incurred from such review using funds provided to carry out this section.
 ; and
(4)
in subsection (g)—
(A)
in the subsection heading by striking
Project pipeline   and inserting
Reports  ;
(B)
by redesignating paragraphs (1) through (7) as clauses (i) through (vii), respectively;
(C)
by striking  Not later than 1 year  and inserting the following:
(1)
Project pipeline report
(A)
In general
Not later than 1 year
 ; and
(D)
by adding at the end the following:
(B)
Consideration
In specifying the order in which the Secretary would provide Federal financial assistance under subparagraph (A)(iii), the Secretary shall take into consideration the degree to which each eligible entity demonstrates that a project is supported by an acceptable degree of non-Federal financial commitment.
(C)
Financial commitment
In determining whether a project is supported by an acceptable degree of non-Federal financial commitment for purposes of subparagraph (B), the Secretary shall consider—
(i)
the credibility of forecasting methods used to estimate costs and utilization made by an eligible entity described in subsection (b);
(ii)
existing grant commitments;
(iii)
the degree to which financing sources are dedicated to the purposes proposed; and
(iv)
the extent to which the project has financial commitment that exceeds the required non-Federal share of the cost of the project.
(2)
Project progress report
Not later than 1 year after the date of enactment of the  BUILD America 250 Act , and quarterly thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Appropriations of the Senate a report that includes—
(A)
a list of funds obligated to date for each corridor and corridor sponsor;
(B)
a description of the service development plan for each project, including a summary of the cities to be served, future anticipated Federal financial and funding needs, and whether the service development plan has been completed or updated and the reason for such update;
(C)
an estimated timeline for each corridor to successfully move through the steps of the program; and
(D)
other issues identified by the Secretary important to the development of the proposed corridor and the rail transportation system.
 .
(b)
Limitation on future corridors
The Secretary may not select a proposal for the development of an intercity passenger rail corridor pursuant to section 25101(a) of title 49, United States Code, on or after October 1, 2031.
(c)
Incorporation of updated requirements
The Secretary shall require eligible entities described in section 25101(b) of title 49, United States Code, that have not received a commitment of non-Federal matching funds for a corridor selected prior to the date of enactment of this Act to incorporate into a service development plan any additional requirements listed under section 25101(d) of such title, as added by subsection (a).
10108.
Emergency relief
(a)
In general
 Chapter 229  of title 49, United States Code, is amended by adding at the end of the following:
22911.
Emergency relief
(a)
General authority
The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, may make grants and enter into contracts and other agreements with an eligible entity for an eligible operating expense or a capital project to replace, rehabilitate, or repair rail infrastructure, equipment, or facilities if the Secretary determines such infrastructure, equipment, or facilities are in a danger of suffering catastrophic damage, or have suffered catastrophic damage, as a result of an emergency.
(b)
Eligible entities
The following entities are eligible to receive financial assistance under this section:
(1)
A State (as such term is defined in section 22701).
(2)
A public agency.
(3)
A publicly chartered authority established by 1 or more States.
(4)
A political subdivision of a State.
(5)
A Class II railroad or Class III railroad (as such terms are defined in section 20102) or a holding company of such railroad.
(6)
An intercity passenger railroad.
(c)
Terms
In making grants under subsection (a), the Secretary may make grants on a reimbursable basis or advance funding basis.
(d)
Coordination of emergency funds
(1)
Use of funds
Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter.
(2)
No effect on other government activity
The provision of funds under this section shall not affect the ability of any other agency of the Government, a State agency, a local governmental entity or organization, or person to provide any other funds otherwise authorized by law, except that no person, business concern, or other entity shall receive assistance with respect to any part of a loss as to which such person, business concern, or other entity has received financial assistance under any other program or from insurance or any other source.
(3)
Notification
The Secretary shall notify the Administrator of the Federal Emergency Management Agency of the purpose and amount of any grant made or contract or other agreement entered into under this section.
(e)
Grant requirements
(1)
In general
A grant awarded under this section that is made to address an emergency shall be
(A)
subject to the terms and conditions the Secretary determines are necessary; and
(B)
made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ).
(2)
Oversight funds
The Secretary may retain up to one-half of 1 percent of the funds appropriated under this section to fund the costs of project management oversight by the Secretary.
(f)
Government share of costs
(1)
Capital projects
A grant, contract, or other agreement for a capital project under this section shall be for not more than 80 percent of the project cost, as determined by the Secretary.
(2)
Non-Federal share
The non-Federal share of the project cost shall be provided in cash, equipment, or supplies.
(3)
Waiver
The Secretary may waive, in whole or part, the non-Federal share under this subsection.
(g)
Limitation
(1)
In general
Project costs under this section shall be limited to the scope of damage caused by the respective emergency.
(2)
Determination
In the case of a project that included damage preexisting the respective emergency, the Secretary shall make a determination on the amount or percentage of the damage preexisting such emergency.
(3)
Eligibility
The Secretary may not provide financial assistance under this section to any entity described in paragraphs (1) through (4) of subsection (b) for emergencies described under subsection (i)(1)(B)
(h)
Insurance
(1)
Requirements
As a condition of receiving assistance under this section, an applicant shall—
(A)
submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application;
(B)
certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application; and
(C)
maintain any insurance required under Federal law, including hazard insurance, flood insurance, or other coverage as applicable.
(2)
Compliance
A recipient that fails to maintain insurance after receiving assistance under this section shall be ineligible to receive any assistance under this program for any future emergency, with respect to the structure or facility for which such insurance is required, until the Secretary determines that the recipient has come into compliance.
(i)
Definitions
In this section:
(1)
Emergency
The term  emergency  means a natural catastrophe affecting a wide area, including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, or wildfire, or a catastrophic failure from any external cause, as a result of which—
(A)
the Governor of a State has declared an emergency and the Secretary has concurred; or
(B)
the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief Emergency Assistance Act ( 42 U.S.C. 5170 ).
(2)
Eligible capital project
The term  eligible capital project  means a project to bring rail infrastructure, equipment, or facilities used for providing rail service into a state of good repair.
(3)
Eligible operating expense
The term  eligible operating expense  means an operating expense related to any evacuation carried out immediately prior to or following an emergency.
 .
(b)
Clerical amendment
The analysis for  chapter 229  of title 49, United States Code, is amended by inserting after the item relating to  section 22910  the following:
22911. Emergency relief.
  .
10109.
Amtrak Office of Inspector General
There are authorized to be appropriated to the Office of Inspector General of Amtrak, the following amounts:
(1)
For fiscal year 2027, $31,000,000.
(2)
For fiscal year 2028, $31,500,000.
(3)
For fiscal year 2029, $32,000,000.
(4)
For fiscal year 2030, $32,500,000.
(5)
For fiscal year 2031, $33,000,000.
B
Amtrak Reforms
10201.
Amtrak economic performance
(a)
Findings
Section 24101(a) of title 49, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by inserting  competitive with other modes of transportation  after  transportation ; and
(B)
by inserting  connecting urban and rural communities  before the period at the end; and
(2)
in paragraph (4) by inserting  and achieve a level of performance comparative to other passenger modes and that promotes operational efficiency  before the period at the end.
(b)
Goals
Section 24101(c) of title 49, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking  maximize the benefits of Federal investments  and inserting  to maximize services and benefits to the communities Amtrak serves that is competitive with other passenger modes and ensuring Amtrak’s long-term performance ;
(B)
in subparagraph (D) by adding  and  at the end;
(C)
in subparagraph (E) by striking  and  at the end; and
(D)
by striking subparagraph (F); and
(2)
in paragraph (13) by striking  established long-distance routes  and inserting  a robust Northeast Corridor and National Network, including long-distance and State-supported routes, .
(c)
Financial performance
Section 24101(d) of title 49, United States Code, is amended—
(1)
in the heading by striking
Increasing revenues   and inserting
Financial performance  ; and
(2)
by inserting  practices that promote Amtrak’s long-term financial performance  after  judgment .
10202.
Amtrak transparency and accountability for passengers and taxpayers
Section 24301 of title 49, United States Code, is amended—
(1)
in subsection (a)(1) by striking  section 20102(2)  and inserting  section 20102 ; and
(2)
by striking subsection (e) and inserting the following:
(e)
Application of certain additional laws
(1)
In general
Except as provided in paragraphs (2) and (3)—
(A)
sections 552 and 552b of title 5 apply to the Amtrak Board of Directors for any fiscal year in which Amtrak receives a Federal grant; and
(B)
to the extent consistent with this part, the District of Columbia Business Corporation Act (D.C. Code §29–301 et seq.) applies to Amtrak.
(2)
Scope of application
(A)
Exclusions
The second sentence of section 552b(b) of title 5 shall not apply to any portion of an Amtrak Board of Directors meeting, and subsections (d) and (e) of section 552b of title 5 shall not apply to any information pertaining to any portion of an Amtrak Board of Directors meeting otherwise required by section 552b of title 5 to be disclosed to the public, if such Board of Directors properly determines that such portion, or the disclosure of such information, is likely to involve—
(i)
contract negotiations, including negotiations for procurements and agreements that may result in a contract, the disclosure of which would imperil or compromise the competitive position of Amtrak;
(ii)
a collective bargaining agreement, or any terms and conditions that are proposed for inclusion in a collective bargaining agreement, including the negotiation with employees, or representatives of employees, of Amtrak of such terms and conditions;
(iii)
with respect to any individual who is an officer, employee, or contractor employed or appointed by Amtrak, or who is a prospective officer, employee, or contractor, a matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any such individual, unless all such individuals whose rights could be adversely affected in such matter request in writing that the matter be discussed at a public meeting; or
(iv)
confidential commercial information.
(B)
Application of other exclusions
Section 552b(c) of title 5 shall apply to Amtrak meetings.
(3)
Exception
In carrying out this subsection, Amtrak—
(A)
may not disclose information that could put the safety of Amtrak customers or employees at risk; and
(B)
shall take any actions necessary to—
(i)
comply with law;
(ii)
honor existing contracts or legally binding agreements; and
(iii)
carry out normal business activities consistent with the statutory mission and goals of Amtrak.
 .
10203.
Implementing Amtrak Office of Inspector General recommendations to address infrastructure backlog
(a)
In general
Not later than 2 years after the date of enactment of this Act, Amtrak shall implement the recommendations described in the report of the inspector general of Amtrak titled  Asset Management: Better Governance and Data Would Improve Company Efforts to Achieve a State of Good Repair , published on April 10, 2026.
(b)
Inspector general evaluation
Not later than 3 years after the date of enactment of this Act, the inspector general of Amtrak shall evaluate the extent to which Amtrak has complied with the recommendations under subsection (a).
10204.
Amtrak executive bonus disclosure
Section 24315(a) of title 49, United States Code, is amended—
(1)
by striking  Congress  and inserting  the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on a website of Amtrak, ; and
(2)
by striking paragraph (2) and inserting the following:
(2)
provides the annual base pay and any bonus compensation paid to each member of the executive leadership team (including the chief executive officer, president, and each officer) of Amtrak, including the criteria and metrics used to determine any such bonus compensation;
 .
10205.
Amtrak and intercity passenger rail workforce assault prevention and response plans
(a)
Practices and voluntary standards
(1)
In general
Not later than 6 months after the date of enactment of this Act, the Secretary shall publish best practices and voluntary standards for the response to assault and harassment incidents during the operation of a passenger rail service.
(2)
Consultation
In developing best practices and voluntary standards under paragraph (1), the Secretary may consult with the following organizations to inform such practices and standards:
(A)
The Amtrak Police Department.
(B)
Other rail police or security personnel.
(C)
State and local law enforcement.
(D)
State and local prosecutors.
(E)
Labor organizations representing on-board and in station train crew personnel.
(F)
Passenger rail operators.
(3)
Contents
In developing the best practices and voluntary standards under paragraph (1), the Secretary shall address the following issues:
(A)
Proper incident documentation and reporting techniques.
(B)
Recommended de-escalation trainings for crew and law enforcement.
(C)
Coordination between passenger rail operators and law enforcement.
(D)
Responding to incidents of assault or harassment, including the removal of disruptive passengers.
(E)
Strategies for preventing incidents of assault or harassment.
(b)
Submission of response plans
(1)
In general
Not later than 1 year after the date of enactment of this Act, each passenger rail transportation operator shall submit to the Secretary a plan to prevent and respond to incidents of assault and harassment.
(2)
Contents
The plan under paragraph (1) shall include the following:
(A)
The operator’s policy on assault or harassment incidents.
(B)
The operator’s plan to provide notice to employees on how to report incidents with passengers to the operator, rail law enforcement, and local law enforcement.
(C)
The operator’s plan to provide notice to employees on how to remove a passenger or personnel from the train or related area or facility who has committed a transportation assault as soon as practicable when appropriate.
(D)
The operator’s plan to provide notice to passengers on how to report an assault or harassment incident.
(E)
The operator’s plan to provide training to employees on how to respond and report assault or harassment incidents.
(F)
The operator’s plan to limit or prohibit, to the extent practicable, future travel of an individual who interferes with passenger rail personnel and safety on the operator’s services.
(G)
The operator’s plan to ensure an employee who is a victim or witness of a transportation assault may participate in the prosecution of a criminal offense of such assault without any adverse effect on the victim’s or witnesses’ employment status.
(H)
A process and timeline for conducting an annual review and update of the plan.
(c)
Passenger information
A passenger rail transportation operator shall display on the website of such operator and through the use of appropriate signage a written statement that informs passengers and personnel of the procedure for reporting an assault or harassment incident.
(d)
Definitions
In this section:
(1)
Passenger rail transportation
The term  passenger rail transportation  has the meaning given the terms  intercity passenger rail transportation  and  commuter rail passenger transportation  in section 24102 of title 49, United States Code.
(2)
Interference with passenger rail personnel and safety
The term  interference with passenger rail personnel and safety  means—
(A)
the physical or sexual assault of—
(i)
any individual on a passenger train;
(ii)
any individual in a passenger rail station; or
(iii)
any member of a train crew, station staff, or rail police or security;
(B)
threatening to physically or sexually assault any individual described in subparagraphs (A) through (C) of paragraph (1); and
(C)
any action that poses an imminent threat to the safety of intercity passenger rail transportation, including the safety of any individual described in subparagraphs (A) through (C) of paragraph (1).
10206.
Baby changing table requirements on Amtrak trains
(a)
In general
 Chapter 243  of title 49, United States Code, is amended by inserting after  section 24313  the following:
24314.
Baby changing tables
(a)
Definitions
In this section:
(1)
ADA-compliant restroom
With respect to intercity rail transportation, the term  ADA-compliant restroom  means a restroom that meets the requirements of section 242(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12162(a) ).
(2)
Baby changing table
The term  baby changing table  means an elevated, freestanding structure generally designed to safely support and retain a child with a body weight of up to 50 pounds in a horizontal position for the purpose of allowing an individual to change a diaper, including pull-out or drop-down changing surfaces.
(3)
Covered passenger rail train
The term  covered passenger rail train —
(A)
means a passenger rail train, owned and operated by Amtrak, that Amtrak purchased after the date of enactment of this section; and
(B)
does not include any passenger rail train that Amtrak operates, but does not own.
(b)
Baby changing table requirement
Each covered passenger rail train shall have a baby changing table in at least one restroom in each car, including in an ADA-compliant restroom.
(c)
Signage
Each restroom described in subsection (b) shall clearly indicate the presence and location of a baby changing table with signage.
 .
(b)
Clerical amendment
The analysis for  chapter 243  of title 49, United States Code, is amended by inserting after the item relating to  section 24313  the following:
24314. Baby changing tables.
  .
10207.
Report on Amtrak long-distance equipment maintenance costs
(a)
In general
Not later than 18 months after the date of enactment of this Act, Amtrak shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the anticipated costs of maintaining, rehabilitating, refurbishing, and replacing the existing long-distance equipment of Amtrak to maintain the passenger capacity of its long-distance service.
(b)
Content
In the report submitted under subsection (a), Amtrak shall include the following:
(1)
A current inventory of long-distance equipment, including trainsets, baggage cars, dining cars, sleeper cars, and nonsleeper passenger cars.
(2)
A determination of the minimum amount of equipment necessary to maintain the passenger capacity of the long-distance service of Amtrak.
(3)
The anticipated cost of maintaining and refurbishing the amount of equipment determined necessary under paragraph (2) to keep such equipment in working order through fiscal year 2033.
(4)
A description of—
(A)
specific challenges that Amtrak may experience in maintaining the passenger capacity of the long-distance service of Amtrak, including challenges related to—
(i)
the availability of maintenance facilities and qualified rehabilitation and repair personnel;
(ii)
the availability of parts and materials for legacy equipment; and
(iii)
other factors that may impede the maintaining of present levels of service and passenger capacity; and
(B)
actions to address the challenges described in subparagraph (A).
(5)
The potential for and effects of delays in the acquisition of new replacement equipment if such equipment is not acquired until after calendar year 2035.
(6)
The effect of establishing new or restored long-distance routes on the cost and availability of existing and additional long-distance equipment.
10208.
Inspector general review of Amtrak accounting and reporting practices
(a)
In general
Not later than 180 days after the date of enactment of this Act, the inspector general of the Department shall review the accounting practices of Amtrak, with specific focus on the use and oversight of the cost accounting and financial accounting systems, including the Amtrak Performance Tracking (in this section referred to as  APT ) financial management system as required by section 203 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101  note), the core enterprise resource planning system of Amtrak, and related financial information technology modules.
(b)
Scope
In carrying out the review described in subsection (a), the inspector general shall determine whether—
(1)
Amtrak’s use of systems, applications, and products in data processing accurately tracks expenditures, revenues, and Federal funds;
(2)
internal controls within such systems, applications, and products are sufficient to prevent accounting errors, manipulation, or misuse of funds;
(3)
Amtrak’s systems, applications, and products in data processing and consolidated financial statements are in compliance with applicable Federal financial management standards and generally accepted accounting principles;
(4)
Amtrak’s reporting practices accurately reflects route performance;
(5)
increased adherence to generally accepted accounting principles for APT would improve cost transparency; and
(6)
the Federal Railroad Administration’s use of systems, applications, and products for Amtrak oversight are in compliance with applicable Federal financial management standards and generally accepted accounting principles.
(c)
Report to Congress
Not later than 1 year after the date of enactment of this Act, the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing—
(1)
the findings made under this section;
(2)
any evidence of noncompliance, mismanagement, or deficiencies in the use of systems, applications, and products in data processing; and
(3)
recommendations for corrective action, if applicable.
10209.
Amtrak annual reporting
Section 24315 of title 49, United States Code, (as amended by section 10204) is further amended—
(1)
in subsection (a)—
(A)
in paragraph (3)(B) by striking the period and inserting  ; and ; and
(B)
by adding at the end the following:
(4)
includes a reconciliation of adjusted operating expenses, and any other reported metrics derived from such expenses, to Amtrak’s audited generally accepted accounting principles financial statements.
 ;
(2)
in subsection (f) by striking  subsection (d) or (e)  and inserting  subsection (d) or (f) ;
(3)
by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and
(4)
by inserting after subsection (d) the following:
(e)
Review of annual operations report
Upon completion of the report under subsection (a), an independent certified public accountant or the inspector general of Amtrak shall review the rationale of the reconciliation of adjusted operating expenses under subsection (a)(4).
 .
10210.
Invoices and reports
(a)
In general
Section 24712(b) of title 49, United States Code, is amended by adding at the end the following:
(3)
Independent review
(A)
In general
A State may hire or contract with, at the expense of such State, an independent third party to conduct a review for disputes over invoices and the implementation of or compliance with the cost methods under subsection (a)(7).
(B)
Data request
Upon the request of such State, Amtrak and the Committee shall make directly available to the State the general ledger data, operating statistics, and other data used to calculate invoices pertaining to the State.
(C)
Liability
In a case where the review finds overcharged amounts, Amtrak or the State may request dispute resolution in accordance with subsection (c).
 .
(b)
Report
Not later than 180 days after the date of enactment of this Act, the Amtrak inspector general shall update the report of the inspector general titled  Governance: Amtrak Has Begun to Address State Partners’ Concerns About Shared Costs But Has More Work to Do to Improve Relationships , published January 31, 2022.
10211.
State-supported cost and service policy
Section 24712 of title 49, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (2) by adding at the end the following:
(C)
Compensation
Each member of the Committee shall serve without pay but may receive payment for travel expenses, including a per diem allowance, a reimbursement payment, or a combination thereof, in accordance with sections 5702 and 5703 of title 5.
 ;
(B)
in paragraph (5)—
(i)
in the paragraph heading by striking
Meetings; rules and procedures   and inserting
Administrative requirements and authorities  ;
(ii)
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(iii)
by striking  The Committee shall  and inserting
(A)  Rules and procedures. —The Committee shall ; and
(iv)
by adding at the end the following:
(B)
Meeting schedule
The Committee shall—
(i)
establish a schedule for meetings of the Committee, which shall be held not less frequently than 4 times per fiscal year; and
(ii)
include in such schedule the location of each such meeting.
(C)
Subgroups
The Committee may establish and oversee subgroups of the Committee as necessary to support the execution of Committee activities.
 ; and
(C)
in paragraph (7)—
(i)
by striking the paragraph heading and inserting
Cost and service policy  ;
(ii)
in subparagraph (A)—
(I)
by striking the period at the end and inserting  ; and ;
(II)
by striking  the Committee may amend the cost methodology policy  and inserting
the Committee—
(i)
may amend the cost and service policy
 ; and
(III)
by adding at the end the following:
(iii)
shall oversee, administer, and update as appropriate the cost and service policy.
 ;
(iii)
in subparagraph (B)—
(I)
by striking the subparagraph heading and inserting
Revisions to cost and service policy  ;
(II)
in clause (i) by striking  ( 49 U.S.C. 20901  note)  and inserting  ( 49 U.S.C. 24101  note) ; and
(III)
in clause (iii)—
(aa)
by striking the clause heading and inserting
Procedures for changing cost methods  ; and
(bb)
by striking  ( 49 U.S.C. 20901  note)  and inserting  ( 49 U.S.C. 24101  note) ;
(iv)
by redesignating subparagraph (D) as subparagraph (E); and
(v)
by inserting after subparagraph (C) the following:
(D)
Cost method implementation
The Committee is responsible for implementation of the cost methods and any related requirements, including—
(i)
transparency requirements regarding reporting and invoicing; and
(ii)
collaboration and planning requirements.
 ;
(2)
in subsection (h) by striking the subsection heading and inserting
Cost and service policy update implementation report.  ;
(3)
by striking  cost allocation methodology  and inserting  cost methods  each place it appears; and
(4)
by striking  cost methodology policy  and inserting  cost and service policy  each place it appears.
10212.
GAO study on Amtrak customer experience
(a)
In general
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall evaluate the customer experience provided by Amtrak across its national passenger rail network.
(b)
Scope of review
In conducting the study required under subsection (a), the Comptroller General shall assess policies, practices, and performance related to customer experience, including—
(1)
ticketing and fare transparency, including clarity of pricing and refund policies;
(2)
on-board services, such as food and beverage service, restrooms, internet connectivity, and cleanliness;
(3)
service reliability and timeliness of operations;
(4)
passenger communication, particularly in the event of delays, cancellations, or service disruptions;
(5)
station infrastructure, accessibility for persons with disabilities, and compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. );
(6)
complaint resolution procedures and responsiveness to customer feedback;
(7)
differences in customer experience between long-distance routes, State-supported corridors, and the Northeast Corridor; and
(8)
any other factors the Comptroller General considers appropriate to assess the quality and consistency of the customer service of Amtrak.
(c)
Consultation
In conducting the study under subsection (a), the Comptroller General may consult with relevant stakeholders, including—
(1)
State departments of transportation that fund Amtrak services;
(2)
transportation advocacy organizations, including those representing intercity passenger rail passengers on Northeast Corridor, State-supported, and long distance routes;
(3)
national disability rights and accessibility organizations;
(4)
representatives of Amtrak passengers and workforce; and
(5)
members of the Northeast Corridor Commission.
(d)
Report
Not later than 1 year after the date on which the study conducted under subsection (a) is initiated, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings of the study and any conclusions and recommendations based on such findings.
10213.
GAO study on Amtrak service to privately owned rail cars
(a)
Study
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall conduct an assessment of the policies, practices, and performance of Amtrak with respect to services to privately owned rail cars.
(b)
Considerations
In conducting the assessment under subsection (a), the Comptroller General shall—
(1)
review how Amtrak identifies and calculates costs relating to the movement of privately owned rail cars, long-term parking of privately owned rail cars, and related services;
(2)
review how Amtrak factors the costs described in paragraph (1) into pricing, policy, and program-related decisions of Amtrak;
(3)
identify the net profits or losses of Amtrak for privately owned rail car services in each of fiscal years 2019 through 2026;
(4)
review the access points, parking, and access to Amtrak routes that Amtrak makes available for the switching and usage of privately owned rail cars and determine the effects, if any, of the availability of such access points, parking, and access, and any reduction in such availability, on the financial and operating performance of Amtrak;
(5)
identify any challenges and opportunities Amtrak is likely to experience if Amtrak implements a dynamic pricing model for privately owned rail car services;
(6)
review the implementation by Amtrak of recommendations published by the Amtrak Office of Inspector General in the report titled  Train Operations: Opportunities Exist to Improve Private Railcar Management and Business Practices  (OIG–A–2019–003), published February 6, 2019;
(7)
analyze whether—
(A)
privately owned rail car services contribute to the ability of Amtrak to earn positive income from rail operations; and
(B)
the pricing model used by Amtrak for such services reflects fair market value for owners and operators of privately owned rail cars; and
(8)
include any other reviews, analyses, or information the Comptroller General determines appropriate.
(c)
Consultation
In conducting the assessment under subsection (a), the Comptroller General shall consult with relevant stakeholders, including Amtrak, rail carriers, and organizations representing employees and privately owned rail car owners and operators.
(d)
Report
Not later than 1 year after initiating the assessment under subsection (a), the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings of the assessment, and any recommendations of the Comptroller General relating the subject matter covered by the assessment.
(e)
Rail carrier defined
In this section, the term  rail carrier  has the meaning given such term in section 10102 of title 49, United States Code.
10214.
The Donald M. Payne, Jr. Transit Center at Newark Penn Station
(a)
Designation
Newark Penn Station, located at 1 Raymond Plaza West, Newark, New Jersey, shall be known and designated as the  Donald M. Payne, Jr. Transit Center at Newark Penn Station .
(b)
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to Newark Penn Station shall be deemed to be a reference to the  Donald M. Payne, Jr. Transit Center at Newark Penn Station .
10215.
Public notice and comment on Amtrak’s corporate structure
(a)
In general
Not later than 90 days prior to a vote of the Amtrak Board of Directors on any corporate restructuring plan, including changes to Amtrak subsidiaries, Amtrak shall publish in the Federal Register a notice containing such plan and provide an opportunity for public comment for not less than 60 days.
(b)
Notice contents
In the notice published under subsection (a), Amtrak shall include—
(1)
the legal authority for the restructuring; and
(2)
an explanation of the purpose of the plan and how it would facilitate Amtrak’s statutory mission and other goals established by the Amtrak Board of Directors.
(c)
Responses
Not later than 30 days after the date on which the public comment period under subsection (a) closes, Amtrak shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate responses to the comments on the restructuring plan received during such period, including—
(1)
a description of the comments that Amtrak intends to implement;
(2)
a justification for comments that Amtrak does not intend to implement; and
(3)
an implementation strategy and timeline for the restructuring, including any potential impacts of the restructuring on Amtrak service, capital procurement and projects in process or planned as of the date the responses are provided, impacts to its workforce, and any potential legislative changes determined necessary to implement the restructuring.
10216.
GAO examination of international passenger rail
(a)
In general
Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the elements described in subsection (b) from a representational sample of international intercity passenger rail carriers to determine governance and financing practices and the potential application of such practices to domestic intercity passenger rail operations.
(b)
Elements
The report submitted under subsection (a) shall include—
(1)
the number of employees and union representation for each intercity passenger railroad;
(2)
the geographic size served by each carrier, and the number of routes operated by each carrier;
(3)
the organization of each carrier and the nature and composition of each carrier’s governance;
(4)
the source and legal authority of the operation, governance, and financing structures of the international representational samples;
(5)
the amount of government investment in intercity passenger rail operations made over the previous 10 years as well as the sources of funding, and projected investment and source of funding over the next 10 years;
(6)
the amount of excess fleet or infrastructure capacity to allow for competitive services;
(7)
the safety record of each carrier over the last 10 years;
(8)
the on-time performance of each carrier; and
(9)
governance and financing for intercity passenger rail stations that serve varying customer sizes.
10217.
Food and beverage service
(a)
Evaluation of Amtrak food and beverage services
(1)
In general
Not later than 18 months after the date of enactment of this Act, the Comptroller General shall examine the food and beverage services provided on Amtrak routes and provide recommendations for improvements.
(2)
Elements
In carrying out paragraph (1), the Comptroller General shall examine the following:
(A)
The affordability of current dining options and possible alternatives.
(B)
The quality of food services provided and possible improvements.
(C)
The feasibility of providing traditional dining to all passengers.
(D)
A comparison of current dining options to established dietary guidelines.
(b)
Annual Amtrak report
Section 24321 of title 49, United States Code, is amended—
(1)
by redesignating subsection (d) as subsection (f); and
(2)
by inserting after subsection (c) the following:
(d)
Implementation advisory committee
(1)
Establishment
Not later than 1 year after the date of enactment of the  BUILD America 250 Act , Amtrak shall establish an advisory committee to provide internal review with respect to the implementation by Amtrak of the recommendations contained in the report of the Comptroller General of the United States required under section 10217(a) of the  BUILD America 250 Act .
(2)
Membership
The advisory committee established under paragraph (1) shall consist of individuals representing—
(A)
Amtrak;
(B)
the labor organizations representing Amtrak employees who prepare or provide on-board food and beverage service;
(C)
nonprofit organizations representing Amtrak passengers; and
(D)
States that are providing funding for State-supported routes.
(3)
Termination
The advisory committee established under paragraph (1) shall terminate on the date on which Amtrak submits the final report required under subsection (e)(1).
(e)
Annual implementation status report
(1)
Annual report
Not later than 1 year after the date of enactment of the  BUILD America 250 Act , and annually thereafter until such time as all recommendations contained in the report of the Comptroller General of the United States required under section 10217(a) of the  BUILD America 250 Act  are implemented by Amtrak or determined by Amtrak to be impractical or impossible to implement, Amtrak shall—
(A)
submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the status of the implementation of each such recommendation; and
(B)
make the report available on a publicly accessible website of Amtrak.
(2)
Report contents
Each report under paragraph (1) shall include—
(A)
a description of the progress made by Amtrak in implementing each recommendation contained in the report under subsection (b);
(B)
an identification of each such recommendation for which implementation is complete;
(C)
an identification of each such recommendation that Amtrak determines to be impractical or impossible to implement;
(D)
for each recommendation identified under subparagraph (C)—
(i)
the justification for the determination that the recommendation is impractical or impossible to implement; and
(ii)
if the justification is all, or in part, attributable to insufficient funding, an estimated cost of implementing the recommendation;
(E)
a description of how, if at all, food and beverage service of Amtrak has changed—
(i)
if in the initial report, since the date of enactment of the  BUILD America 250 Act ; and
(ii)
if in a subsequent report, since the date on which the previous report was finalized; and
(F)
comments submitted by the advisory committee to Amtrak regarding the information included under subparagraphs (A) through (E).
 .
C
Passenger Rail Policy
10301.
Intercity passenger rail equipment pools
(a)
Contract authority
The Secretary may enter into agreements with an interstate rail compact for the purpose of establishing, managing, and financing multistate equipment pools for use in supporting the operation, expansion, and modernization of intercity passenger rail services.
(b)
Terms
An agreement entered into under subsection (a) shall—
(1)
establish rules governing the management, representation, membership, and financing of a multistate equipment pool among each State party to the interstate rail compact;
(2)
include terms providing for the staffing, administrative, and other labor-related needs for the equipment pool;
(3)
establish procedures through which addition