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AASHTO SUMMARY OF HOUSE T&I INVEST IN AMERICA ACT 1 | P a g e

AASHTO Summary of the House Transportation and Infrastructure Committee Bill

Investing in a New Vision for the Environment and Surface Transportation in America (INVEST in America) Act as introduced

June 12, 2020 OVERVIEW On June 2, the House Transportation and Infrastructure (T&I) Committee Chairman Peter DeFazio released the draft text of a five-year surface transportation reauthorization bill entitled the Investing in a New Vision for the Environment and Surface Transportation In America (INVEST in America) Act. The INVEST Act authorizes $494 billion in total funding from FY 2021 to FY 2025 for highway, highway safety, transit, and passenger rail programs. Of this amount, $411 billion of contract authority is provided out of the Highway Trust Fund (HTF). Based on the Moving Forward Framework infrastructure blueprint released this past January by the House Democratic leadership, this bill was developed solely by the Committee majority and did not include input from Ranking Member Sam Graves or Committee Republicans. This is different from the bipartisan approach the Senate Environment and Public Works Committee took in developing the America’s Transportation Infrastructure Act (ATIA) which was passed unanimously out of that Committee in July 2019. The T&I Committee plans to hold the markup of this bill on Wednesday, June 17. While the Highway Trust Fund (HTF) pay-for is yet to be identified for either T&I or EPW bills, this is an important first step towards reauthorization in the House. The following materials have also been made available by the T&I Committee: • Bill fact sheet • Bill summary • Bill section-by-section • Bill text

https://transportation.house.gov/download/01/29/2020/moving-forward-framework

https://transportation.house.gov/imo/media/doc/2020%20INVEST%20In%20America%20Fact%20Sheet.pdf

https://transportation.house.gov/imo/media/doc/2020%20INVEST%20in%20America%20Bill%20Summary.pdf

https://transportation.house.gov/imo/media/doc/2020%20INVEST%20in%20America%20Act%20Section-by-Section.pdf

https://transportation.house.gov/imo/media/doc/Final%20Bill%20Text%20of%20the%20INVEST%20in%20America%20Act.pdf


Program Category FY 20205-Year

Total

5-Year

Avg

FAST Act Extension: Supplemental Flexible Funding 0 14,743 14,743 2,949

National Highway Performance Program 24,237 24,237 0.0% 28,292 16.7% 28,787 1.7% 29,363 2.0% 29,891 1.8% 140,570 28,114

Surface Transportation Program Excluding TA Setaside 11,288 11,288 0.0% 13,140 16.4% 13,370 1.7% 13,638 2.0% 13,883 1.8% 65,319 11,876

Highway Safety Improvement Program 2,408 2,408 0.0% 3,175 31.9% 3,231 1.8% 3,295 2.0% 3,355 1.8% 15,463 3,093

Railway-Highway Grade Crossings Program 245 245 0.0% 245 0.0% 245 0.0% 245 0.0% 245 0.0% 1,225 245

Congestion Mitigation and Air Quality Improvement Program 2,496 2,496 0.0% 2,914 16.7% 2,965 1.8% 3,024 2.0% 3,079 1.8% 14,478 2,896

Metropolitan Planning Program 358 358 0.0% 508 41.7% 516 1.8% 527 2.0% 536 1.8% 2,445 489

National Highway Freight Program 1,487 1,487 0.0% 1,736 16.7% 1,766 1.8% 1,802 2.0% 1,834 1.8% 8,625 1,725

STP Transportation Alternative Program Setaside 850 850 0.0% 1,460 71.8% 1,486 1.8% 1,515 2.0% 1,543 1.8% 6,854 1,371

Pre-disaster Mitigation Program 0 0 1,520 1,547 1.7% 1,578 2.0% 1,606 1.8% 6,251 1,250

Carbon Pollution Reduction Program 0 0 2,029 2,064 1.8% 2,105 2.0% 2,143 1.8% 8,341 1,668

Total, Apportioned Programs (HTF) 43,373 43,373 0.0% 55,022 26.9% 55,981 1.7% 57,095 2.0% 58,119 1.8% 269,590 53,918

Research Programs 420 420 0.0% 676 61.0% 676 0.0% 676 0.0% 676 0.0% 3,124 625

Transportation Infrastructure Financing and Innovation Act 300 300 0.0% 300 0.0% 300 0.0% 300 0.0% 300 0.0% 1,500 300

Projects of National and Regional Signficance (Former INFRA) 1,000 1,000 0.0% 2,200 120.0% 2,200 0.0% 2,300 4.5% 2,350 2.2% 10,050 2,010

FHWA Administrative 481 503 4.6% 506 0.7% 510 0.7% 520 2.0% 531 2.0% 2,570 514

Federal Lands, Tribal Transportation, and Puerto Rico Programs 1,350 1,350 0.0% 2,405 78.1% 2,405 0.0% 2,405 0.0% 2,405 0.0% 10,970 2,194

Community Transportation Investment Grants 0 0 600 600 0.0% 600 0.0% 600 0.0% 2,400 480

EV Charging/Hydrogen Fueling Infrastructure Grants 0 0 350 350 0.0% 350 0.0% 350 0.0% 1,400 280

Community Climate Innovation Grants 0 0 250 250 0.0% 250 0.0% 250 0.0% 1,000 200

Ferryboats and Facilities 80 80 0.0% 120 50.0% 120 0.0% 120 0.0% 120 0.0% 560 112

Miscellaneous Discretionary Grant Programs 0 0 500 500 0.0% 500 0.0% 250 -50.0% 1,750 350

Emergency Relief 100 100 0.0% 100 0.0% 100 0.0% 100 0.0% 100 0.0% 500 100

Total, Other Programs (HTF) 3,731 3,753 0.6% 8,007 113.4% 8,011 0.0% 8,121 1.4% 7,932 -2.3% 35,824 7,165

Total, Federal-Aid Highway Program (HTF) 47,104 61,869 31.3% 63,029 1.9% 63,991 1.5% 65,216 1.9% 66,050 1.3% 320,156 64,031

Obligation Limitation 46,365 61,130 31.8% 62,059 1.5% 63,021 1.6% 64,246 1.9% 65,080 1.3% 315,537 63,107

Total, Oblim + Exempt from Oblim 47,104 61,869 31.3% 62,798 1.5% 63,760 1.5% 64,985 1.9% 65,819 1.3% 319,232 53,205

FAST Act Extension: Supplemental Flexible Funding 0 5,795 5,795 1,159

Planning Programs 142 142 0.0% 190 33.7% 193 1.5% 196 1.6% 199 1.6% 920 184

Urbanized Area Formula Grants 4,930 4,930 0.0% 7,506 52.3% 7,623 1.6% 7,745 1.6% 7,867 1.6% 35,670 7,134

Multijurisdictional Bus Frequency and Ridership Grants 0 0 102 103 1.6% 105 1.6% 106 1.6% 416 83

Elderly and Disabled 286 286 0.0% 435 52.2% 442 1.6% 449 1.6% 456 1.6% 2,066 413

Rural Formula Grants 673 673 0.0% 1,025 52.3% 1,041 1.6% 1,058 1.6% 1,075 1.6% 4,872 974

State of Good Repair 2,684 2,684 0.0% 4,193 56.2% 4,266 1.8% 4,344 1.8% 4,422 1.8% 19,909 3,982

Bus and Bus Facility Formula 465 465 0.0% 1,240 167.0% 1,260 1.6% 1,280 1.6% 1,300 1.6% 5,544 1,109

Bus and Bus Facility Discretionary 289 289 0.0% 437 51.2% 425 -2.8% 388 -8.7% 351 -9.5% 1,890 378

Growth States and High Density States 570 570 0.0% 587 3.0% 587 0.0% 587 0.0% 587 0.0% 2,918 584

Zero Emission Bus Grants 55 55 0.0% 375 581.8% 400 6.7% 450 12.5% 500 11.1% 1,780 356

Other Programs 39 39 0.0% 97 147.4% 98 1.5% 100 1.6% 101 1.6% 434 87

Total, Apportioned and Bus Programs (HTF) 10,132 15,927 57.2% 16,186 1.6% 16,437 1.6% 16,701 1.6% 16,964 1.6% 76,419 15,284

Total, Other Programs (GF) 115 290 152.2% 297 2.4% 304 2.4% 311 2.4% 319 2.3% 1,521 304

Capital Investment Grants (GF) 2,302 3,260 41.6% 3,500 7.4% 4,250 21.4% 5,000 17.6% 5,500 10.0% 21,510 4,302

Total, Federal Transit Program (HTF, GF) 12,549 19,477 55.2% 19,983 2.6% 20,992 5.0% 22,012 4.9% 22,782 3.5% 105,245 21,049

Total, Federal Motor Carrier Safety Administration (HTF) 676 886 31.1% 869 -1.9% 913 5.1% 928 1.6% 942 1.6% 4,538 908

Total, National Highway Traffic Safety Administration (HTF) 778 1,026 31.8% 1,042 1.5% 1,063 2.0% 1,075 1.1% 1,092 1.6% 5,297 1,059

Total, Highway Safety Program (HTF) 1,454 1,912 31.5% 1,911 -0.1% 1,976 3.4% 2,002 1.3% 2,034 1.6% 9,835 1,967

Total, Pipeline and Hazardous Materials Safety (GF, EPF) 88 98 11.4% 99 1.0% 100 1.0% 102 2.0% 103 1.0% 501 100

Amtrak Grants - Northeast Corridor 600 2,900 383.3% 2,700 -6.9% 2,500 -7.4% 2,500 0.0% 2,500 0.0% 13,100 2,620

Amtrak Grants - National Network 1,200 3,600 200.0% 3,400 -5.6% 3,200 -5.9% 3,000 -6.3% 3,000 0.0% 16,200 3,240

Passenger Rail Improvement, Modernization, and Expansion Grants 0 3,800 3,800 0.0% 3,800 0.0% 3,800 0.0% 3,800 0.0% 19,000 3,800

Consolidated Rail Infrastructure and Safety Improvements Grants 330 1,400 324.2% 1,400 0.0% 1,400 0.0% 1,400 0.0% 1,400 0.0% 7,000 1,400

Grade Crossing Separation Grants 0 450 475 5.6% 500 5.3% 525 5.0% 550 4.8% 2,500 500

FRA Safety and Operations 0 229 231 0.9% 233 0.9% 235 0.9% 237 0.9% 1,165 233

Other Programs 42 189 349.3% 121 -35.9% 124 2.1% 126 2.0% 129 2.0% 688 138

Total, Passenger Rail Program (GF) 2,172 12,568 478.6% 12,127 -3.5% 11,757 -3.1% 11,586 -1.5% 11,616 0.3% 59,653 11,931

GRAND TOTAL (HTF) 58,690 79,707 35.8% 81,126 1.8% 82,405 1.6% 83,919 1.8% 85,048 1.3% 412,205 82,441

GRAND TOTAL (HTF, GF, EPF) 63,367 95,923 51.4% 97,149 1.3% 98,815 1.7% 100,919 2.1% 102,585 1.7% 495,390 99,078

Program Category FY 20155-Year

Total

5-Year

Avg

Funding Table for the House INVEST in America Act, FY 2021 to FY 2025

HIGHWAYS

FY 2021 FY 2022 FY 2023 FY 2024 FY 2025

In millions of dollars / HTF = Highway Trust Fund / GF = General Fund / EPF = Environmental Protection Fund

PASSENGER RAIL

HIGHWAY SAFETY

TRANSIT

FY 2016 FY 2017 FY 2018 FY 2019 FY 2020

PIPELINE AND HAZARDOUS MATERIALS SAFETY


DIVISION A—COVID 19 RESPONSE AND RECOVERY Extension of Federal surface transportation programs | Sec. 101

Provides a clean extension of FY 2020 FAST Act programs for Federal-aid highway, transit, and safety programs through FY21. Provides additional administrative expenses out of the Highway Trust Fund for FHWA and NHTSA and out of the General Fund for FTA.

Federal Highway Administration | Sec. 102

Authorizes an additional $14.742 billion in contract authority from the Highway Account above FY20 levels. Funds are distributed through existing formula and are eligible for transportation-related administrative expenses, including salaries and benefits of state DOTs, local transportation agencies or MPOs.

Allows for expanded eligibility including broadest construction eligibilities under the Federal-aid highway program, as well as for transportation-related administrative expenses, including salaries and benefits.

Allows any highway funds obligated in FY 2021—both extension funding and supplemental contract authority—to be up to 100 percent Federal share, except for obligations under the Nationally Significant Freight and Highway Projects (INFRA), the TIFIA program, or advance construction.

Distributes the funds among States, Tribes, Puerto Rico, the Territories, and Federal land management agencies in proportion to their share of total FY 2020 authorized funds.

55 percent suballocation of Surface Transportation Block Grant Program funds from FY 2020 is retained for FY 2021.

Any obligation authority that remains available at the end of the fiscal year will be redistributed to the States in August redistribution.

Federal Transit Administration | Sec. 103.

Authorizes an additional $5.79 billion in contract authority from the Mass Transit Account above FY 2020 levels and allows funds obligated in FY 2021 to be up to 100 percent Federal share.

Distributes funds through the 5307, 5310, and 5311 programs in the same ratio as such funds were provided in FY20

Allows for expanded eligibility including capital and operating expenses, including the purchase of personal protective equipment, and paying for administrative leave costs due to reductions in service.

Increases the base authorization for the Capital Investment Grants (CIG) program by $958 million above FY 2020 levels and provides an additional authorization for such sums as may be necessary through an emergency CIG authorization.

Waives the application of the Rostenkowski solvency test to the HTF Mass Transit Account for FY 2021.

National Highway Traffic Safety Administration | Sec. 104

Provides an additional $244.5 million in contract authority in FY 2021 for NHTSA highway safety programs.

Provides that activities carried out in FY21 shall be at 100 percent Federal share and extends the period of availability for funds that would otherwise expire in FY21 by one year.

Federal Motor Carrier Safety Administration | Sec. 105


Provides an additional $209.9 million in contract authority FY21 for FMCSA motor carrier safety programs. Allows FMCSA to provide financial assistance to States for carrying out motor carrier safety activities in FY21 at a Federal share of up to 100 percent, to waive maintenance of effort requirements in FY21, and to extend the period of availability for grant funds by one year.

DIVISION B—SURFACE TRANSPORTATION REAUTHORIZATION TITLE I—FEDERAL-AID HIGHWAYS CORE APPORTIONED FORMULA PROGRAMS National Highway Performance Program | Sec. 1201 Funding: $140.6 billion over 5 years (52.1% of total core formula funding). For new capacity projects allowing single-occupancy vehicles, states are required to demonstrate

progress in achieving a state of good repair on the National Highway System and also demonstrate that the project supports the achievement of the state’s performance targets and is more cost-effective than operational improvements, new mass transit facilities, or the construction of a freight movement project would be.

New NHPP eligibilities include safety barriers and nets on NHS bridges, any greenhouse gas emission reduction projects, projects to “enhance resilience of a transportation facility” on or off the NHS, wildlife mortality reduction projects related to eligible transportation facilities, and evacuation route improvements on or off the NHS.

Establishes new national bridge improvement goals and sets a new requirement that each state must obligate no less than 20 percent of its cumulative annual NHPP and STP apportionment (in any combination of the two), excluding STP funds suballocated by population and transportation alternatives set-aside funds, on bridge projects or bundles of bridge projects.

Surface Transportation Program | Sec. 1205 Funding: $63.3 billion over 5 years (24.2% of total core formula funding). Repeals the FAST Act’s name change and makes the current Surface Transportation Block Grant

Program the “Surface Transportation Program” once again. Adds three new eligibilities: protective features to enhance resiliency of a facility, greenhouse gas

reduction projects, wildlife mortality reduction projects related to eligible transportation facilities, and transit projects to increase bus frequency.

Suballocation is retained at the FY 2020 level of 55 percent; suballocation is provided by four tiers of population rather than the current three: for areas over 200,000 in population, areas between 50,000 and 200,000 in population, areas between 50,000 and 5,000 in population, and areas under 5,000 in population.

The bill increases the set-aside for bridges off the Federal-aid system to not less than 20 percent of a state’s FY 2020 STBGP allocation that the state was free to use in any area of the state. It also allows states to claim money they spent on replacing other bridges to be credited as the non-federal share for Federal-aid bridge projects.

Establishes new national bridge improvement goals and sets a new requirement that each state must obligate no less than 20 percent of its cumulative annual NHPP and STP apportionment (in any combination of the two), excluding STP funds suballocated by population and transportation alternatives set-aside funds, on bridge projects or bundles of bridge projects.

STP-Setaside: Transportation Alternatives Program | Sec. 1206


Funding: $6.9 billion over 5 years (2.5% of total core formula funding). Funding is increased from $850 million per year to an average of $1.5 billion per year starting in FY

2022. The amount of TA funding that must be suballocated within a state by population is increased from 50 percent to 66 percent, and a state could choose to suballocate up to 100 percent if they can prove to the Secretary that recipients could handle the money.

MPOs in areas with a population below 200,000 are added to the list of eligible recipients. The optional recreational trails set-aside receives the same percentage increase as the overall TA

program. Recipients are given flexibility to increase the federal cost share of individual TA projects up to 100

percent, so long as the aggregate federal share of all of their TA projects for that year does not exceed the standard federal share for that state.

Highway Safety Improvement Program | Sec. 1209 $15.5 billion over 5 years (5.7% of total core formula funding). New eligibilities include safe-routes-to-school projects, hybrid beacons, pedestrian security features

designed to slow or stop vehicles, and installation of infrastructure improvements, including sidewalks, crosswalks, signage, and bus stop shelters or protected waiting areas.

Requires a vulnerable road user safety assessment by each state and encourages the “safe system approach” for road design.

Allows states to use up to 10 percent of their HSIP apportionment for public awareness outreach projects, projects that facilitate traffic safety law enforcement, provide emergency services support, conduct experimental safety research, or provide safe routes to schools.

The high-risk rural road performance penalty is retained but the dollar amount of the penalty is changed from 200 percent of the state’s FY 1999 HRRR set-aside to 7.5 percent of a state’s new annual HSIP apportionment.

Congestion Mitigation and Air Quality Program | Sec. 1210 Funding: $14.5 billion over 5 years (5.4% of total core formula funding). New eligibilities include shared micromobility, projects that mitigate “seasonal or temporary traffic

congestion from long-haul travel or tourism, and hydrogen vehicle fueling stations (in addition to EV charging stations).

The existing provision in allowing CMAQ funds to be used for Amtrak operating expenses on state-supported routes in some circumstances gets a three-year sunset unless EPA and DOT jointly decide each year that the project demonstrates net air quality benefits.

National Highway Freight Program | Sec. 1212 Funding: $8.6 billion over 5 years (3.2% of total core formula funding). New program goals include greenhouse gas emission reduction, local air pollution reduction,

stormwater runoff reduction, reduction of wildlife habitat loss, and decreasing adverse impacts of freight transportation on communities near freight facilities or corridors.

Allows states that have designated at least 90 percent of their national highway freight network miles to get an extra 150 miles of critical rural freight corridors and an extra 75 miles of critical urban freight corridors.

Repeals the current multimodal projects cap that limits states to using not more than 10 percent of their NHFP funding for intermodal and port projects, including those on private property, but clarifies that the federal cost share of such projects “shall fund only elements of such projects that provide public benefits.”


States may not obligate apportioned NHFP funds unless the State has developed, updated, or amended, as applicable, their State Freight Plan.

Metropolitan Planning Program | Sec. 1401 Funding: $2.4 billion over 5 years (0.9% of total core formula funding). Requires all MPOs to consider equitable and proportional representation of the population of the

metropolitan planning area. Requires multiple MPOs in the same urbanized area to “ensure, to the maximum extent practicable,

the consistency of any data used in the planning process, including information used in forecasting transportation demand.”

Requires MPOs to consider resilience, carbon emissions, and emissions reduction.

Railway Crossings Program | Sec. 1204 Funding: $1.2 billion over 5 years (0.5% of total core formula funding). As a new standalone program, new eligibilities include protective devices and the elimination of

hazards, infrastructure and noninfrastructure projects and strategies to prevent or reduce suicide or trespasser fatalities and injuries along railroad rights-of-way and at or near railway-highway crossings, bike-ped grade crossing improvements, and grade crossing projects under the FRA’s CRISI grant program.

Removes the 10 percent maximum railroad share of project costs and limits the amount that a railroad can pay in noncash to 5 percent of project cost.

States cannot transfer crossing money to other programs unless they can demonstrate to the Secretary’s satisfaction that they have met all their grade crossing protective device installation needs.

New: Carbon Pollution Reduction Program | Sec. 1213 Funding: $8.3 billion over 5 years (3.1% of total core formula funding). Eligibilities include any highway or transit project that will reduce greenhouse gas emissions and

help states meet GHG emission performance targets. Amtrak and other intercity passenger rail projects are also eligible for funding “provided that the project will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.”

Funds from this program may not be used to construct new capacity available to single occupant vehicles unless part of a HOV facility.

States may use up to 10 percent of the funds dedicated to a particular project for operating expenses of that project if the project is a mass transit, passenger rail, or transportation systems management and operation project.

The Secretary is required to make progress reports on how well states are using the program to reduce per capita emissions on public roads, and the top 15 performing states will be allowed to use their CPRP money at a 100 percent federal share (or transfer up to 50 percent of their CPRP money to another formula program). The 15 lowest-ranked states would forfeit 10 percent of their statewide-available STP apportionment.

New: Pre-Disaster Mitigation Program | Sec. 12012

Funding: $6.3 billion over 5 years (2.3% of total core formula funding). Eligibilities include construction activities (including “construction of natural infrastructure or

protective features”) to increase the resilience of highway or mass transit facilities to withstand natural disasters, relocate or provide reasonable alternatives to repeatedly damaged facilities, or upgrade (or relocate) evacuation routes.


All projects must be designed to ensure resilience over the asset’s anticipated service life, be identified in the metro or state TIP and, for flood plain projects, consider current and projected changes in flooding based on “climate science and future land use changes” over the life of the asset.

TITLE I—FEDERAL-AID HIGHWAYS DISCRETIONARY GRANT PROGRAMS Multiyear discretionary grant programs funded from the Highway Trust Fund:

Projects of National and Regional Significance | Sec. 1301: Replacing the INFRA Grants program, these new grants provide $9 billion over the life of the bill for large highway, transit, and freight projects that cannot be funded through annual apportionments or other discretionary sources.

o Includes the authority for USDOT to award large grants over multiple years. o Directs USDOT to make grant selections based on merit criteria specified in statute,

including the extent to which a project contributes to a state of good repair; cost savings generated by the project over the life of the asset; safety, mobility, economic, resilience, and environmental benefits generated by the project; benefits to all users of the project; and the average number of people or volume of freight supported by the project; consider whether the project serves an area of persistent poverty; the degree to which the project utilizes innovative technologies or construction techniques; and whether the project improves connectivity between modes of transportation.

Metro Performance Program | Sec. 1305: Provides high-performing localities, as determined by USDOT, with access to $750 million in direct Federal-aid Highway Program funding over four years, bypassing states.

Community Transportation Investment Grants | Sec. 1302: Provides $600 million per year for local government applicants modeled after Virginia’s Smart Scale program.

Federal Lands and Tribal Major Projects Program | Sec. 1505: Provides $400 million per year and requires a 50/50 split of grant funds among tribes and Federal lands agencies.

Tribal High Priority Projects | Sec. 1503: Provides $50 million per year on a discretionary basis, for grants of a maximum size of $5 million.

Electric Vehicle Charging and Hydrogen Fueling Infrastructure Grants | Sec. 1303: Provides $350 million per year for grants for electric vehicle charging and hydrogen fueling infrastructure.

o New grant program that builds on the current FHWA Alternative Fuels Corridor mapping program for two of the alternative fuels in view: electric and hydrogen

o To provide grant funding to foster and expand deployment of electric vehicle charging or hydrogen fueling infrastructure through coordinated private investments.

o Stipulates parameters and inferred objectives that include climate change, enhancement and acceleration of alternative fuels corridors and related infrastructure, market development, and geographic diversity.

o Grant funding may go towards operating costs for the first five years as the facility transitions to independent system operations, even as users are charged a fee.

o Grants would be available for public and private applicants, and if not by a state DOT, the proposal must be coordinated with the applicable state DOT; and the (EV charging) proposal would need to include an electric utility.

o Unlike current vehicle fuels systems which are privately owned and operated, this would underwrite electric charging or hydrogen fuel infrastructure with public Federal funds.


Community Climate Innovation Grants | Sec. 1304: Provides $250 million per year to non-state applicants for highway, transit, and rail projects, provided they reduce GHGs.

One-time discretionary grant programs funded from the Highway Trust Fund:

Gridlock Reduction Grants | Sec. 1306: Provides $250 million, of which half is set aside for freight grants. Grants will be awarded for reducing urban congestion in large metro areas, with an emphasis on operational, technological, and mode shift strategies.

Rebuild Rural Grants | Sec. 1307: Provides $250 million for rural communities to address needs on and off the Federal-aid system. Focuses funding on safety, state of good repair, and access to jobs and services.

Active Transportation Connectivity Grants | Sec. 1309: Provides $250 million for pedestrian and bicycle networks and spines and related planning, including complete streets planning.

Commercial Motor Vehicle Parking Grants | Sec. 1308: Provides $250 million to construct and improve truck parking facilities.

TITLE I—FEDERAL-AID HIGHWAYS FUNDING AND REVENUE Authorization of Appropriations | Sec. 1101

Contract authority for Federal-aid highways from FY2022 to FY2025: $257.4 billion.

Reauthorizes US DOT’s Disadvantaged Business Enterprise Program. Obligation Limitation | Sec. 1102

Provides obligation limitation to match contract authority authorized under Section 1101.

Exempts Federal Land Transportation Program from obligation limitation.

Ensures Tribes, territories, and Puerto Rico receive obligation limitation equal to authorized contract authority.

Additional deposits into Highway Trust Fund | Sec. 1105

Extends a provision allowing additional funds deposited into the Highway Trust Fund to be distributed through existing statutory formulas and ensures set-asides are included in this calculation.

Transparency | Sec. 1106

Revises Federal Highway Administration reporting requirements to require the agency to publish programmatic and project-level information online. o Project-level information must include detailed cost data, funding source, and location of

all projects funded under Title 23 with a total cost above $5 million. o FHWA website must include an interactive map searchable by project number, State, and

Congressional district.

Provides additional technical assistance to States and subrecipients to ensure that Federal requirements are met.

Requires States to certify that prevailing wage and Buy America requirements comparable to Federal requirements are in place in order to implement Federal Funding Exchange (Federal Funds Swap) Programs.


Requires projects carried out through public-private partnerships conduct a value for money analysis.

Establishes an independent peer review group to oversee “megaprojects” with a cost of over $2 billion; group will monitor progress and report to the Secretary of Transportation.

Requires all Special Experimental Projects be subject to public notice, an opportunity to comment, and Congressional reporting.

Provides new accountability and oversight for authorized discretionary grant programs including data-driven project selection and the opportunity for all unsuccessful grant applicants to receive a debrief from the Department of Transportation; Congress is to receive the proposed list of discretionary grant awards and basis of selection prior to award.

Tolling | Sec. 1110 Reinstates requirements that project sponsors must enter into an agreement with FHWA in order

to institute tolls on any Federal-aid highway project or conversion of any part of the NHS.

Establishes factors that must be considered prior to entering into such an agreement including congestion and air quality impacts, investments for public transportation or other non-tolled alternatives in the corridor, environmental justice and equity impacts, freight impacts, and economic impacts.

Repeals the Interstate System Rehabilitation Pilot Program.

Sunsets the Value Pricing Pilot Program and allows congestion pricing projects only after consideration of the same factors as those for other tolling agreements, and requires the consideration of the impacts on congestion on the facility and adjacent routes.

Limits the use of toll revenues from congestion pricing and other tolling projects by adding additional requirements that toll revenue is to be used within the corridor to improve operations by increasing person or freight throughput and reducing hours of delay and to fund toll rebate programs for commuters with no reasonable alternative to the toll facility.

Restricts investment of toll revenues outside the corridor unless the needs of both the facility and corridor have been met.

Highway Formula Modernization Report | Sec. 1607

Requires FHWA in consultation with AASHTO to provide recommendations on how to revise the Federal-aid highway apportionment methodology to best achieve program goals.

Report should consider whether the apportionment factors established in SAFETEA-LU or other factors would yield a more data-driven or equitable apportionment.

Requires FHWA to consult with EPA to determine whether the CMAQ apportionment formula best achieves air quality goals.

TITLE I—FEDERAL-AID HIGHWAYS PERFORMANCE MANAGEMENT National Highway Performance Program | Sec. 1201

Modified the purpose of the NHPP: o Now includes increasing resilience of Federal-aid highways and bridges o Tweaked language referencing to state DOT TAMPs o Expands eligible projects to include those that address environmental sustainability,

accessibility, and climate change.


(e) is now State Asset and Performance Management o Analysis must now include lifecycle cost, risk management, and consideration of climate

change adaptation and resilience.

Bridge Investment | Sec. 1207

Establishes minimum bridge investment requirements.

Places emphasis on reducing: o the number of bridges in poor condition or the number of bridges in fair condition at risk of

falling into poor condition. o the number of person miles traveled over bridges that are in poor condition or bridges in

fair condition at risk of falling into poor condition. Carbon Pollution Reduction | Sec. 1213

Creates a new program focused on carbon pollution reduction.

States can use funds from this program for projects that will reduce GHG or help a state meet the new GHG emissions performance targets.

USDOT will annually evaluate if a state is carrying out the program by analyzing a new performance measure: percent change in C02/capita on public roads between current year and a baseline value.

o Measures will eventually be consistent with the new GHG performance measures.

Opportunities and Penalties o If a state is designated one of 15 high-performing states, they will have additional

flexibilities in using funds and may transfer up to 50% of funds from 104(b)(9) [Carbon Reduction Program] to 104(b)(2) [STP].

o If a state is designated on of 15 low-performing states, 10% of funds under 104(b)(2) [STP] must be transferred to 104(b)(9) [Carbon Reduction Program]

Metro Performance Program | Sec. 1305

Establishes a new MPO Performance Program where high-performing MPOs receive direct federal funding to carry out certain projects.

Competitive process. Selection of high-performing MPOs is made by the secretary. National Goals and Performance Management Measures | Sec. 1403

Adds a new goal area titled Combating Climate Change

Establishes new performance measures in two areas: Greenhouse Gas (GHG) Emissions and Accessibility.

o GHG Performance Measures would be developed rather quickly. carbon dioxide per capita any other performance measures deemed appropriate by the Secretary.

o Accessibility Will focus on “safe, reliable, and convenient transportation system access to…”

employment opportunities and services. Services are defined as healthcare facilities, child care, education and workforce training, food sources, banking and other financial institutions, and other retail shopping establishments.

Accessibility measures have a longer time horizon and would be developed through a collaborative process that includes a working group of public and private sector individuals. No specific performance measures are being proposed.


The bill requires USDOT to acquire both the data and analytical tools for states and MPOs to use.

The bill will not allow a state DOT to establish regressive targets for either the five existing safety performance measures or the newly developed GHG measure(s). A regressive target is defined as a target that fails to demonstrate constant or improved performance.

Modifications to the Congressional report that USDOT is required to produce and submit regarding the effectiveness of the performance-based planning program for MPOs.

TITLE I—FEDERAL-AID HIGHWAYS PLANNING Increasing the Resilience of Transportation Assets | Sec. 1202

Establish a new section on a pre-disaster mitigation program.

Under this new section, states have to develop a prioritization process for projects related to pre-disaster mitigation (Section 124).

Specifically designed to “reduce the risk of disruption to a surface transportation infrastructure asset considered critical to support population centers, freight movement, economic activity, evacuation, recovery, or national security function…”

Metropolitan and State long range plans must now include vulnerability assessments that address covered events:

o “COVERED EVENT.—The term ‘covered event’ means a climate change effect (including sea level rise), an extreme event, seismic activity, or any other natural disaster (including a wildfire).”

National Highway Freight Program | Sec. 1212

States may designate additional 150 miles to critical rural freight corridors.

States may designate additional 75 miles to critical urban freight corridors.

Metropolitan Transportation Planning | Sec. 1401

Stronger emphasis on the following as part of the planning process: o Consideration of direct and indirect GHG emissions o Extreme weather, climate change, sea level rise o Quality of life o Public health o Accessibility o Pre-disaster planning and mitigation

Support for the use of virtual public involvement tools and methods.

Many copy editing changes.

Statewide and Nonmetropolitan Transportation Planning | Sec. 1402

Stronger emphasis on the following as part of the planning process: o Consideration of direct and indirect GHG emissions o Extreme weather, climate change, sea level rise o Quality of life o Public health o Accessibility


o Pre-disaster planning and mitigation

Support for the use of virtual public involvement tools and methods.

Many copy editing changes.

Transportation Demand Data and Modeling Study | Sec. 1404

Requires the Secretary to conduct a research study to better understand how state DOTs and MPOs are forecasting demand and to improve their ability to forecast demand. It also aims to better understand the effect that new projects have on travel behavior by analyzing transportation project impacts over the long term.

TITLE I—FEDERAL-AID HIGHWAYS ACTIVE TRANSPORTATION STP-Setaside: Transportation Alternatives Program | Sec. 1206 Funding: $6.9 billion over 5 years (2.5% of total core formula funding). Funding is increased from $850 million per year to an average of $1.5 billion per year starting in FY

2022. The amount of TA funding that must be suballocated within a state by population is increased from 50 percent to 66 percent, and a state could choose to suballocate up to 100 percent if they can prove to the Secretary that recipients could handle the money.

MPOs in areas with a population below 200,000 are added to the list of eligible recipients. The optional recreational trails set-aside receives the same percentage increase as the overall TA

program. Safe Routes to School Program | Sec. 1215

Repeals the SAFETEA-LU Safe Routes to School section in Public Law 109-59; 119 Stat.1228-1230 and implements a new section 211 to title 23.

The new program is expanded to include high school students, in addition to children in elementary and middle schools.

The program purpose is to enable and encourage children, including those with disabilities, to walk and bicycle to school, to make walking and bicycling to school a safer and more appealing transportation alternative, and to develop projects and activities that will improve safety and reduce traffic, fuel consumption and air pollution in the vicinity of schools (similar to SAFETEA-LU program).

Apportioned Surface Transportation Surface Block Grant Program and Highway Safety Improvement Program funds may be used for these purposes (SAFETEA- LU had complicated apportionment calculations).

Eligible entities are expanded/clarified to include transit agencies, natural resource and public land agencies, schools/school districts and tribal governments, in addition to local and regional governments/authorities and non-profits.

Eligible projects are infrastructure projects that substantially improve the ability of students to walk and bicycle to school, located on a public road or bicycle or pedestrian pathway in the vicinity of a school (approximately two miles) (similar to SAFETEA-LU program).

Funds may be used for non-infrastructure projects such as public awareness campaigns and student training (similar to SAFETEA-LU program).

Each state receiving funding shall have a full time Safe Routes to School coordinator (similar to SAFETEA-LU program).

The federal share under this program is 100%.


US DOT shall develop a safe routes to school clearinghouse to provide information, technical assistance and educational programs. US DOT may recoup administrative expenses (similar to SAFETEA-LU program).

Bicycle Transportation and Pedestrian Walkways | Sec. 1216

Eliminates Highway Safety Improvement Program as a funding source and adds CMAQ as a funding source for bicycle transportation and pedestrian walkways under this section.

Expands funding eligibility to allow recipients to use funding for one or more bicycle and pedestrian coordinators.

Eliminates “bicycles” and replaces with “pedestrians and bicyclists” throughout this section.

Expands the definition of motorized bicycle to include “other motorized conveyance,” in addition to existing definition that includes bicycles and tricycles.

Adds the criteria of having low-powered electric motors and bicycles that can safely share a bicycle transportation facility with other users, to the existing criteria of weighing less than 100 lbs. and not having top speeds in excess of 20 mph.

New Active Transportation Connectivity Program| Sec. 1309

Requires US DOT to establish an active transportation connectivity competitive grant program.

Eligible applicants include states, MPOs, RPOs, local governments, Federal land management agencies, natural resource or public agencies, tribal governments, local and regional governments with control over transportation or recreational trails, and multistate or multijurisdictional entities.

Eligible Projects include projects to improve the connectivity and use of active transportation facilities that have a project cost of over $15,000,000.

Planning grants may be issued for projects not less than $100,000. Planning grants may not be more than 10% of overall funding.

The federal share of these projects may be up to 80%. However, federal assistance other than under this section may be used to satisfy 100% of project costs.

New Pedestrian Right-of-Way |Sec. 1606

Within 60 days of enactment, the Architectural and Transportation Barriers Compliance Board, in consultation with US DOT, shall establish guidelines for minimum standards for pedestrian facilities in the public right-of-way.

The guidance shall be substantially similar to the NPRM published in 2011 titled “Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way” and the related supplemental NPRM issued in 2013.

The regulations shall be adopted within 180 days after establishment of the guidance. TITLE I—FEDERAL-AID HIGHWAYS ENVIRONMENT, CLIMATE, AND CARBON REDUCTION Carbon Pollution Reduction Program | Sec. 1213 Funding: $8.3 billion over 5 years (3.1% of total core formula funding). Eligibilities include any highway or transit project that will reduce greenhouse gas emissions and

help states meet GHG emission performance targets. Amtrak and other intercity passenger rail projects are also eligible for funding “provided that the project will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.”


Funds from this program may not be used to construct new capacity available to single occupant vehicles unless part of a HOV facility.

States may use up to 10 percent of the funds dedicated to a particular project for operating expenses of that project if the project is a mass transit, passenger rail, or transportation systems management and operation project.

The Secretary is required to make progress reports on how well states are using the program to reduce per capita emissions on public roads, and the top 15 performing states will be allowed to use their CPRP money at a 100 percent federal share (or transfer up to 50 percent of their CPRP money to another formula program). The 15 lowest ranked states would forfeit 10 percent of their statewide-available STP apportionment.

New Stormwater Management Best Practices| Sec. 1605

Within 180 days of enactment, US DOT shall seek to enter into an agreement with TRB to conduct a study to estimate pollutant loads from transportation facility stormwater runoff, provide recommendations to state DOTs regarding stormwater management and compliance strategies, examine ways US DOT can assist state DOTs through database administration or information sharing, and examine the benefit of certain stormwater retrofits.

TRB shall finish the report within 18 months of enactment.

Within 180 days on enactment, US DOT shall update and reissue best management practices for stormwater management. This report shall be updated at least every five years.

TITLE I—FEDERAL-AID HIGHWAYS RESILIENCE Emergency Relief | Sec. 1203

Clarifies that wildfires are a natural disaster.

Funds are only eligible in an emergency that has been declared by the governor and concurred by the Secretary or the President declared an emergency under the Stafford Act; and states submit an application that includes a comprehensive list of all eligible project sites and repair costs by not later than 6 years after the natural disaster or catastrophic failure.

May only exceed the cost of repair or reconstruction of a comparable facility if the Secretary determines that the project incorporates economically justified betterments, including protective features to increase the resilience of the facility.

Bridge projects do not qualify if the bridge is permanently closed or a construction phase of a replacement structure is included in the approved statewide transportation improvement program at the time of the event.

TITLE I—FEDERAL-AID HIGHWAYS ENGINEERING AND BRIDGE Subtitle A—Authorizations and Program Conditions Complete and Context Sensitive Street Design | Sec. 1107 [23 USC 109]

Revises roadway design standards under 23 USC 109 to require consideration of all users of the transportation facility, including pedestrians, bicyclists, public transit users, children, older individuals, individuals with disabilities, motorists, and freight vehicles.


Requires plans and specifications for all National Highway System highways to take into consideration context sensitive design principles.

Requires the Secretary to publish guidance outlining context sensitive design, including model policies and procedures that States and others can use when implementing CSD principles.

States required to adopt policies or procedures for evaluating context and selecting appropriate designs consistent with CSD.

Secretary to collaborate with AASHTO to ensure that any roadway design publication approved by the Secretary provides adequate flexibility for CSD.

Replaces the requirement that Interstate design accommodate 20-year traffic forecasts on the Interstate, allows States to focus on existing and future operational performance.

Allows localities to request from FHWA deviations from the state design guidelines on local roads for a project, multiple projects, or programmatically.

Requires state approval for localities to deviate from state design guidelines on state-owned non-NHS roadways.

Innovative Project Delivery Federal Share | Sec. 1108 [23 USC 120(c)(3)(B)]

Expands the ability to use 100% federal funds on accelerated bridge construction and innovative pavement materials.

Buy America | Sec. 1112 [23 USC 313]

Secretary must provide public notification and opportunity to comment before waiving any Buy America requirements, as well as publication of justification for approved waivers.

Secretary required to reevaluate every standing nationwide waiver at least every five years, starting not later than one year after enactment of the law, including public comment opportunity and publication of justification if reapproved.

Codifies longstanding Congressional reporting requirements. Subtitle B—Programmatic Infrastructure Investments Railway Crossings | Sec. 1204 [23 USC 130]

Establishes a standalone railway crossing program, based on the railway-highway grade crossing set-aside.

Requires railroads to contribute a percentage of project costs, based on a classification of the type of project, for hazard elimination projects that provide a benefit to the railroad.

Expands eligibilities to include projects to mitigate lost access from a crossing closure and strategies to prevent or reduce trespasser injuries/fatalities along railroad rights-of-way.

Allows railway crossing funds to be used toward projects selected for the FRA’s Consolidated Rail Infrastructure and Safety Improvements discretionary grant program.

State required to submit biennial reports on progress and effectiveness of the program.

Requires GAO to assess the effectiveness of the railway crossing program. Bridge Investment | Sec. 1207 [23 USC 144]

As a new minimum bridge investment requirement, States must spend no less than 20% of their two largest apportioned programs (NHPP and STP) on bridge repair and rehabilitation projects. Allows states to meet this goal over the four-year period from FY22 through FY25.

Establishes program goals including: o improving state of good repair for bridges


o improving the safety, efficiency, and reliability of bridges o reducing the number of bridges in poor condition, or at risk of falling into poor condition,

that do not meet current geometric design standards, or that are insufficient in meeting load or traffic requirements.

Eligible projects include the replacement, reconstruction, rehabilitation, preservation, or protection of a bridge, including through seismic retrofits, systematic preventative maintenance, scour countermeasures, use of innovative materials to extend bridge life/reduce presentation costs, bridge painting, application of certain anti- or de-icing compounds, corrosion control, bridge inspections (including training for inspectors), and bridge resiliency/security/impact protection features.

Removes prohibition against using multiple sources of Federal funding for one bundle of bridge projects and allows the bundling of bridge resiliency projects.

Secretary required to issue an annual bridge investment report detailing State-by-State expenditure of Federal funding on bridge projects.

Secretary may sanction state if requirements not met by 2025. Safe Routes to School Program | Sec. 1215

Expands eligibility under SRTS to include high schools.

Removes 30% non-infrastructure project cap for additional flexibility for project sponsors. Bicycle Transportation and Pedestrian Walkways | Sec. 1216

Clarifies use of micromobility devices, including scooters, can be used on a bicycle transportation facility, subject to State and local safety regulations.

Subtitle E—Federal Lands, Tribes, and Territories Tribal Transportation Program | Sec. 1502 [23 USC 202]

Significantly increases funding levels for the Tribal Transportation Program (TTP), $800 million per year out of the Highway Trust Fund.

Expands eligibility under the Tribal Transportation Bridge Program to allow construction of new bridges.

Expands eligibility for safety projects under the TTP to include projects on education and enforcement.

Alternative Contracting Methods | Sec. 1507 [23 USC 201]

Allows tribes and Federal land management agencies to use the same alternative contracting methods available to States, such as bundling, design-build, two-phase contracting, concession agreements, etc.

Secretary shall establish procedures for the use of each method. Divestiture of Federally-owned Bridges | Sec. 1508

Authorizes the transfer of Federally-owned bridges from the Bureau of Reclamation to a State, provided the State concurs

The Bureau is not required to transfer ownership of the land on which the bridge is located, but must provide access for the State for the purposes of construction, maintenance, and bridge inspections.


Subtitle F—Additional Provisions Speed Limits | Sec. 1602

Requires the Secretary to revise the Manual on Uniform Traffic Control Devices (MUTCD) to require States and local governments to use a “safe systems approach” to setting speed limits (per NTSB’s recommendation).

Requires the Secretary to update and report on the implementation progress of the Department’s Speed Management Program Plan.

Broadband Infrastructure Deployment | Sec. 1603

Updates the deadline by which US DOT is required to issue regulations on broadband infrastructure deployment, which includes underground or aerial facilities.

State DOTs must establish a broadband utility coordinator to establish a registration process for entities to be included in broadband facilitation efforts, and determine opportunities to coordinate projects within highway rights-of-way and planned broadband projects.

Creates a “dig once” policy and a Task Force to estimate the cost of a nationwide dig once requirement, and to propose and evaluate options for funding such a requirement.

Pedestrian Right-of-Way | Sec. 1606

Requires the US Access Board to finalize guidelines for accessibility standards in the public right-of-way that are substantially similar to the NPRM and supplemental NPRM released in 2011 and 2013.

Requires US DOT to issue corresponding regulations to adopt the guidelines. Working Group on Construction Resources | Sec. 1614

Establishes a Working Group consisting of State, local, and tribal officials and relevant industry stakeholders to assess the availability of “common variety” transportation construction materials, including stone, sand, and gravel.

Working Group will report to Secretary with findings and recommendations to reduce the cost and environmental impacts of the transportation construction supply chain.

TITLE I—FEDERAL-AID HIGHWAYS SAFETY Complete and Context Sensitive Street Design | Sec. 1107

Guidance will be developed by US DOT on context sensitive design, and it will include assessing the safety performance of alternative approaches to facility design. US DOT will emphasize, among other items, safety and other benefits to using context sensitive design.

Transportation Alternatives Program | Sec. 1206

Funds will be able to be used for on- and off-road facilities for nonmotorized users, including safety-related infrastructure, and for other infrastructure-related projects and systems that provide safe routes for users.

Funds will be able to be used for Safe Routes to School projects (1215) and vulnerable road users assessment activities (1209).

Funds used for HSIP projects will be able to be credited toward the non-federal share of the project


Highway Safety Improvement Program | Sec. 1209

Changes to strategic highway safety plans (SHSPs) o SHSPs will need to include an assessment of vulnerable road user safety that identifies

locations with increased pedestrian and bicyclist risk, as well as a program for addressing these risks.

o SHSPs will need to include a multimodal approach to safety that considers safe systems in roadway design

o SHSPs will be required to consider tribal safety planning processes. o States will have more flexibility to develop a safety program to address their own safety

needs.

Highway Safety Improvement Program (HSIP) eligibility o States will be able to use up to 10 percent of their HSIP funds on non-infrastructure safety

projects. o Leading pedestrian intervals will be an eligible HSIP expense.

HSIP reports o Will include efforts to reduce vehicle speed o Will include the vulnerable road user safety assessment, providing details (including design

speed) on the location of each vulnerable road user fatality and serious injury, details on corridors the state identifies as high risk to vulnerable road users, and details on efforts to reduce risks. The assessment will use five years of data, consider a safe systems approach, and will include consultation with government and planning organization partners. The assessment will be updated with each SHSP update. Strategies for reducing risk cannot reduce access to the transportation facilities for vulnerable road users.

Penalties and Incentives (Special Rules) o States with high levels of pedestrian and bicyclist fatalities and serious injuries will need to

implement projects to address safety issues. o If a state triggers the high risk rural road penalty (see above in the funding section), the

state will need to add strategies for reducing related fatalities to the SHSP in the next update. If the state determines its rural fatality rate is higher than the national average, the penalty is triggered – the existing penalty is triggered by an increase in rural road fatality rates over a two-year period.

o A new special rule will be added to trigger a penalty if the state determines the number of vulnerable road user fatalities and serious injuries per capita over a two-year period is higher than the national median, then the state will have to obligate, over two years, at least half of the Section 133/STP setaside for FY2020

Safe Routes to School | Sec. 1215

Funds will be able to be used for high schools, in addition to the existing elementary and middle schools.

There will not be a limit to the percentage of Safe Routes to School funds that can be used for non-infrastructure projects.

Toward Zero Deaths | Sec. 1601

Surface Transportation Block Grant or HSIP funds can be used to develop Vision Zero plans with 20-year timeframes by local governments, MPOs, or regional transportation planning organizations. The plans will include policies and projects to significantly reduce or eliminate serious injuries and fatalities, public education and enforcement of the efforts, and a discussion on how the efforts will


address needs and protect the civil rights of low-income and minority communities without disproportionately targeting law enforcement in these communities. The plan can include a complete streets prioritization plan. The plan will include coordination of departments within local governments including enforcement, public health, infrastructure, and data. This plan does not need to follow safety performance or planning requirements.

Speed Limits | Sec. 1602

US DOT will be required to revise the MUTCD to provide a safe systems approach to setting speed limits.

US DOT will report on the Speed Management Program Plan as recommended by NTSB. Work Zone Safety | Sec. 1612

States will be able to obligate funds to cover educational costs of state, local, and contractor staff for work zone safety training and certification

TITLE I—FEDERAL-AID HIGHWAYS FREIGHT

Projects of National and Regional Significance Sec. 1301

Provides more than $9 billion over the life of the bill for large highway, transit, and freight projects that cannot be funded through annual apportionments or other discretionary sources.

Freight Project Eligibility: a highway freight project on NHFN; a freight intermodal, freight rail or railway-highway grade crossing or grade separation project; within boundaries of a public or private freight rail, water (including ports), or intermodal facility and is a surface transportation infrastructure project that’s necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility.

Gridlock Reduction Grant Program Sec. 1306

Establishes a new $250 million grant program to reduce traffic gridlock in large metropolitan areas.

State DOTs are eligible recipients if they partner with MPOs, local government(s), or a multijurisdictional group of MPOs and local government(s).

Eligible activities include TSMO, ITS, real-time traveler information, TIM, ATM, traffic signal timing, transportation demand management, projects that provide transportation options to reduce congestion (e.g., biking), and other projects as deemed appropriate by the Secretary.

Half of the funds are set aside for freight projects, including freight ITS, real-time freight parking, real-time freight routing, freight transportation and delivery safety projects, first-mile and last-mile delivery solutions, shifting freight delivery to off-peak times, reducing GHG emissions, use of centralized delivery locations, freight parking and staging areas, curb space management, and other projects as deemed appropriate by the Secretary.

Parking For Commercial Vehicles Sec. 1308

Establishes a $250 million grant program to address the shortage of parking for commercial motor vehicles to improve the safety of commercial motor vehicle drivers.


TITLE I—FEDERAL-AID HIGHWAYS ADDITIONAL PROVISIONS Task force on developing a 21st century surface transportation workforce | Sec. 1610

Establishes a task force to provide recommendations and strategies to the Secretary of Transportation as it relates to careers in surface transportation to (1) evaluate the current and future state and needs of the workforce; (2) identify factors and barriers influencing and attracting individuals to transportation careers; (3) address barriers to retaining individuals in transportation careers; (4) address potential impacts of emerging technologies; (5) increase access for vulnerable or underrepresented populations to high-skill, in-demand careers; (6) facilitate and encourage elementary, secondary, and post-secondary students to pursue transportation careers; and (7) identify and develop pathways for students and individuals to secure work-based learning opportunities in the surface transportation sector.

Sets forth parameters to be considered by the task force which are to include influence factors on career choices, coordination of stakeholder efforts to support qualified candidates, ways to enhance training and mentoring programs, and potential sources of funding for supporting youth and individuals in pursuing surface transportation careers.

The scope has been broadened beyond the original concept which was limited to the construction workforce, in response to AASHTO input.

On-the-Job Training and Supportive Services | Sec. 1611

Amends Section 140(b) of Title 23, United States Code to define with specificity what is to be done.

Adds new requirements on state DOTs participating in the program: (1) to develop an annual workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities and a detailed plan to fill such gaps; (2) to establish an annual workforce development compact with the State workforce development board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs; and (3) to demonstrate program outcomes.

The funding level is maintained at the current level of $10 million each fiscal year. Transportation Education Development Program | Sec. 1613

Adds availability of a few additional funding categories for these programs.

Adds an annual report to be submitted by the Secretary of Transportation to the House T&I Committee and the Senate CST Committee on grant recipients and grant objectives and outcomes.

TITLE II—PUBLIC TRANSPORTATION Subtitle A—Federal Transit Administration Authorizations | Sec. 2101

Authorizes $66.3 billion in contract authority for FY22 through FY25 for the Federal transit program.

Establishes an administrative set-aside to ensure the Federal government pays the costs of activities, such as safety and security, procurement, management, and financial compliance of a recipient or sub-recipient, and to provide technical assistance to correct compliance review or audit deficiencies.


General Provisions | Sec. 2103 [49 USC 5323]

Provides transit agencies more flexibility to meet community needs with limited exemptions to the charter service rule.

Requires transit agencies to respond to intercity and charter bus requests for reasonable access to public transit facilities within 75 days.

Restores the ability to incorporate art into transit facilities and creates a uniform ADA complaint process.

Miscellaneous Provisions | Sec. 2104

Increases Federal cost share to 90 percent for ADA accessibility in state of good repair projects.

Treats the District of Columbia as a State in the high-density States formula.

Authorizes FTA to provide technical assistance on the impacts of a new census count.

Ensures reimbursements continue in the event of a government shutdown.

Requires transit agencies collect data on the assault of transit workers.

Relaxes the phase-out of the Special Bus Rule to provide more flexibility. Policies and Purposes | Sec. 2105

Adds reductions in carbon emissions and improvements to resiliency to the purpose of a Federal transit program.

Fiscal Year 2022 Formulas | Sec. 2106

Ensures that transit data from fiscal year 2020 and impacted by COVID-19 will not be used in the calculation of transit formula apportionments.

Subtitle B—Improving Frequency and Ridership Multi-jurisdictional bus frequency and ridership competitive grants | Sec. 2201 [49 USC 5308]

Creates a new program designed to increase bus, frequency, ridership and person throughput in major urban areas and structured to require a partnership between transit agencies and State or local government agencies responsible for roadways.

Incentivizing frequency in the urban formula | Sec. 2202 [49 USC 5336]

Replaces the current incentive formula based on low operating costs with a formula based on vehicles per hour during peak service in the highest 25 percent of routes by ridership. This formula change begins in 2023.

Mobility Innovation | Sec. 2203 [49 USC 5316]

Creates a new flexible set of Federal rules for mobility on demand services integrated with mobility as a service, allowing agencies to shift urban, rural, and seniors and individuals with disabilities funding to this program.

Provides greater flexibilities and waivers, retains basic requirements for safety, Buy America, and labor protections and restricts single passenger trips and carbon and particulate emissions.

Requires a negotiated rulemaking. Federal share of MOD not to exceed 50 percent while MaaS not to exceed 90 percent.

Formula grants for rural areas | Sec. 2204 [49 USC 5311]

Revises the rural transit formula to increase the funding attributed to actual transit service.


Provides flexibility to States for areas transitioning from rural to urban after a new census designation. In this case, a state, subject to approval of the Secretary, may allocate up to 5 percent of its apportionment to assist rural areas that were redesignated as urban areas not more than two fiscal years after the last census designation.

Increases tribal rural funds by 80 percent, with $10 million for competitive grants and $45 million for tribal formula funds.

Provides flexibility to fund continuous intercity bus service across state lines and requires public documentation of state certifications to waive the 15 percent of funds for intercity service.

Clarifies that volunteer hours satisfy local cost share requirements for social service trips. One-stop paratransit program | Sec. 2205 [49 USC 5310]

Creates a grant program to examine the costs and benefits of allowing flexibility in paratransit trips that allow one stop for certain needs such as dropping children off at daycare or school or stopping briefly at the pharmacy, grocery store, or bank. The grant will be available for 20 recipients (10 urban, 5 small urban and 5 rural) and cover reporting costs and costs associated with the extra stops.

Subtitle C—Buy America and Other Procurement Reforms Buy America | Sec. 2301 [49 USC 5320]

Requires FTA to conduct rolling stock certifications to remove the burden from transit agencies, allows certifications to be used for multiple procurements, sets a standard for recertification, and provides fair competition by ensuring certifications are consistently applied.

Requires FTA to review its bus and rail component and final assembly regulations to maximize domestic job creation and align with modern manufacturing techniques. Phases in the modifications of Buy America over a five-year timeframe.

Bus Procurement Streamlining | Sec. 2302 [49 USC 5323(v)]

Requires bus procurements to use performance-based specifications in a procurement.

Requires a negotiated rulemaking to establish a list of components and subcomponents that are waived from the performance-based specification requirement.

Bus Testing Facility | Sec. 2303 [49 USC 5318]

Puts the Secretary on a ten-day deadline to grant a manufacturer’s request for testing, requires a public estimate of the backlog at the testing facility to begin a new bus test, and provides additional funds to expedite testing.

Subtitle D—Bus Grant Reforms Formula Grants for Buses | Sec. 2401[49 USC 5339(a)]

Provides $5 billion for FY22 through FY25. Provides $327 million for FY22 through FY25 to States for additional rural bus funds.

Bus facility and fleet expansion grants | Sec. 2402 [49 USC 5339(b)]

Provides $1.6 billion for FY22 through FY25. Modifies the program to focus on increasing bus service frequency and service area. Grant considerations are limited to age and condition of facilities, resilience, and multimodal connections at stations.


Zero-emission bus grants | Sec. 2403 [49 USC 5339(c)]

Provides $1.7 billion for FY22 through FY25 and an average annual increase of 500 percent over FAST Act funding and sets procurement minimums to ensure transit agencies are investing appropriately in zero-emission bus fleets and the necessary charging infrastructure.

Directs the funding to areas of the largest need to resolve Clean Air Act compliance issues.

Requires an agency plan for long term zero-emission bus needs and a fleet transition study. Restoration of state of good repair formula subgrant | Sec. 2404 [49 USC 5339(d)]

Creates a sub-grant in the 5339 program. It provides an increase in funding for transit agencies with the oldest buses.

Subtitle E—Supporting All Riders Low-income urban formula funds | Sec. 2501 [49 USC 5336(j)]

Doubles the urban formula low-income set aside from 3 to 6 percent. Rural persistent poverty formula | Sec. 2502 [49 USC 5311(a)]

Sets aside $50 million a year, administered through the rural formula grant, but based on rural areas with persistent poverty counties, defined as a county with a poverty rate above 20 percent since 1990.

Requires States to distribute these Federal funds to persistent poverty counties. Demonstration grants to support reduced fare transit | Sec. 2503

Creates a demonstration grant to provide for a reduced fare for low-income riders to help close transit equity gaps.

Requires collaboration with a University Transportation Research Center to study the impacts of these demonstration grants.

Subtitle F—Supporting Frontline Workers and Passenger Safety National transit frontline workforce training center | Sec. 2601 [49 USC 5314(b)]

Creates a training center modeled on the successful National Transit Institute, but with a frontline employee mandate.

Public Transportation Safety Program | Sec. 2602 [49 USC 5329]

Expands the national safety plan to include driver assist technologies and driver protection infrastructure.

Expands the transit agency safety plan to include a focus on passenger and personnel injuries, assaults and fatalities; a joint labor-management safety committee empowered to approve the safety plan; and a comprehensive frontline workforce training program on safety and de-escalation.

Automated vehicle transit workforce standards | Sec. 2603

Prevents a transit agency from deploying an automated vehicle that duplicates, eliminates, or reduces the frequency of existing public transportation service.

Requires transit agencies considering transit automated vehicles to develop a workforce development plan describing how the automated vehicle will affect transit workers.


Ensures transit workers are given fair notice if their job is jeopardized by a transit automated vehicle.

Performance-based metrics | Sec. 2604 [49 USC 5329]

Establishes four performance-based safety metrics which can trigger a safety set-aside of up to 10 percent in Federal funds; and

Directs those funds to projects that are likely to reduce injuries and fatalities. Subtitle G—Transit-Supportive Communities Transit-supportive communities | Sec. 2701 [49 USC 5328]

Establishes an Office of Transit-Supportive Communities to make grants, provide technical assistance, and coordinate transit-housing policies across the Federal government.

Property disposition for affordable housing | Sec. 2702 [49 USC 5334(h)]

Allows a grantee to transfer property no longer needed to a local government authority, non-profit, or other third party for the purpose of transit-oriented development.

Affordable housing incentives in capital investment grants | Sec. 2703 [49 USC 5309]

Provides multiple incentives in the CIG ratings process if the project preserves or encourages higher-density affordable housing near the project.

Subtitle H—Innovation Mobility innovation sandbox program | Sec. 2801 [49 USC 5312(d)]

Authorizes Mobility on Demand research and ties it to the types of projects eligible under Section 5316, Mobility Innovation.

Transit bus operator compartment redesign program | Sec. 2802 [49 USC 5312(d)]

Authorizes FTA research on redesigning bus driver compartments to improve driver visibility, expand driver functionality, and reduce driver assault.

Federal Transit Administration Every Day Counts initiative | Sec. 2803 [49 USC 5312(X)]

Establishes a new FTA Every Day Counts initiative, which currently exists within FHWA as a successful State DOT deployment program for innovative technologies and practices.

Technical corrections | Sec. 2804 [49 USC 5312]

Replaces research and deployment of “low-no” emission buses with zero-emission buses. Fixes several clerical errors.

Subtitle I—Other Program Reauthorizations Reauthorization for capital and preventive maintenance projects for Washington Metropolitan Area Transit Authority | Sec. 2901 [PL 110-432, Division B, Title IV, Sec. 601]

Reauthorizes capital and preventive maintenance projects for WMATA.


Other Apportionments | Sec. 2902 [49 USC 5336]

Provides $245 million for FY22 through FY25 for passenger ferries.

Increases the Small Transit Intensive Cities (STIC) program set-aside to 3 percent and;

Provides a three-year phase out for prior STIC recipients who no longer qualify under a new census designation.

Subtitle J—Streamlining Fixed guideway capital investment grants | Sec. 2911 [49 USC 5309]

Reduces the bureaucratic burden within the Capital Investment Grant (CIG) approval process. Numerous modifications are made to the various components of the CIG program, including to Small Starts, Core Capacity, Federal Cost Share, etc.

Rural and small urban apportionment deadline | Sec. 2912 [49 USC 5336]

Establishes a December 15th of the fiscal year deadline for FTA to apportion formula funds made available by appropriation continuing resolutions to States. States must apply for these funds or wait for the full-year apportionment.

Disposition of assets beyond useful life | Sec. 2913 [49 USC 5334]

Allows transit agencies to retain the original Federal share from the sale of old equipment and make the funds available for new capital projects following Federal rules.

Innovation coordinated access and mobility | Sec. 2914 [49 USC 5311]

Creates start-up grants designed to launch a coordinated approach of delivering better service. Eligible uses include:

o Deployment of technology o Community One Click/One Call Centers o Integrated transportation projects

Creates incentive grants to capture the savings from the coordination and reduced health care costs and redirects those savings back into better service.

Other provisions of interest to public transportation Tolling | Sec. 1110 [23 USC 129]

Provides additional limitations on surplus revenues to ensure that they are used within the corridor to improve operations or capacity of public transportation.

Increasing the resilience of transportation assets | Sec. 1202 [new 23 USC 124]

Makes transit assets an eligible use of an award under the pre-disaster mitigation program under 23 USC 124, which receives $6.25 billion in apportioned funds over the life of the bill for resilience projects.

Congestion mitigation and air quality improvement program | Sec. 1210 [23 USC 149]

Adds eligibility for shared micromobility projects, including bikeshare and shared scooters.


Carbon pollution reduction | Sec. 1213 [new 23 USC 171]

Creates a new carbon pollution reduction apportionment program, allowing States to fund projects eligible under chapter 53 of title 49, to reduce greenhouse gas emissions.

Allows States to use up to 10 percent for project operating costs, including public transportation and intercity passenger rail.

Bicycle transportation and pedestrian walkways | Sec. 1216 [23 USC 217]

Clarifies that electronic micromobility devices, including scooters, can be used on a bicycle transportation facility similar to electric bicycles and tricycles, subject to State and local safety regulations.

Subtitle C—Project Level Investments Projects of national and regional significance | Sec. 1301 [23 USC 117]

Makes public transportation projects eligible to receive funding under the Projects of National and Regional Significance (PNRS) program (replacing INFRA grants), which provides more than $9 billion over the life of the bill.

Community climate innovation grants | Sec. 1304 [new 23 USC 172]

Establishes a new $250 million per year competitive grant program to support local investments in innovative strategies to reduce greenhouse gas emissions. Provides broad flexibility to grantees to fund projects eligible under title 23 or chapter 53 of title 49, provided the project reduces greenhouse gas emissions.

TITLES III & IV—HIGHWAY AND MOTOR CARRIER SAFETY Title III—Highway Traffic Safety

Changes to safety program requirements: o New requirements to address children and other occupants left in vehicles in hot weather. o Changes to requirements regarding child safety seats, especially in underserved populations. o Changes to requirements for efforts to reduce injuries and fatalities related to violations of

Move Over laws. o Requires additional education programs on the risks of marijuana-impaired driving. o Will allow use of automated enforcement in work and school zones. o State highway safety plans will be published on a USDOT website. o Will make specific improvements to individual grant programs that have been underutilized

(ignition interlock, distracted driving, graduated driver licensing). o Creates a new program for training. o Will expand eligibility for data improvements. o Section 164 (minimum penalties for repeat impaired drivers) penalty fund eligibility will be

expanded to include addressing impairment due to multiple substances.

A new grant program will be established to fund up to ten states to increase use of top-rated traffic law enforcement strategies, if US DOT determines the countermeasures were implemented correctly.

A set-aside for in-vehicle alcohol detection research will be removed.


A grant program to encourage states to enact laws that prohibit racial profiling and to make related data more publicly accessible will be reauthorized.

Changes to national campaigns: o Will add campaigns on reducing drug- and alcohol-impaired driving. o Will expand occupant protection campaigns to increase emphasis on child occupant

protection. o Will create new campaign on distracted driving. o Will create new campaign related to violation of Move Over laws. o Will double the number of annual campaigns, and the campaigns will include expanded use

of dynamic message signs to support the messaging. Title IV—Motor Carrier Safety

Will continue and extend existing grant programs

Highlights of new requirements for US DOT Secretary: o US DOT will conduct another large truck crash causation study. o Will require a change in method to determine carriers that need intervention. o Will require terms and conditions for carriers operating under a safety exception. o Will require safety review of organizations that sell tickets for transport. o Will review hours of service requirements and revise guidance. o Will collect data on driver loading and unloading delays. o Will issue final regulations on state inspections of commercial vehicles carrying passengers. o Will propose a motor vehicle safety standard for automatic emergency braking. o Will strengthen underride guard standards.

School bus safety: o Secretary will be required to evaluate seat belts in school buses and consider requiring seat

belts on new school buses. o Secretary will evaluate state laws on passing school buses and additional factors and

violations related to illegal school bus passing, and will conduct related public information.

Truck Leasing Task Force Sec. 4305

Requires the Secretary of Transportation, in consultation with the Secretary of Labor, to establish a Truck Leasing Task Force to examine common truck leasing agreements, and the terms of such agreements, available to truck drivers, specifically including port drayage drivers. The Task Force shall also examine the impact of truck leasing agreements on the net compensation of drivers, and resources available to assist drivers in assessing the impacts of leasing agreements.

TITLE V—INNOVATION Authorization of appropriations | Sec. 5001

Authorizes $2.18 billion in contract authority over the period FY22 through FY25 for research programs, including:

o Highway Research and Development ..................................................................... $576 million o Technology and Innovation Deployment Program ................................................. $608 million o Training and Education ............................................................................................ $104 million o Intelligent Transportation Systems Program .......................................................... $400 million


o University Transportation Centers Program .......................................................... $384 million o Bureau of Transportation Statistics ......................................................................... $108 million

Additional programs authorized over the period FY22 through FY25 include: o Safe, Efficient Mobility through Advanced Technologies ....................................... $280 million o Materials to Reduce Greenhouse Gas Emissions Program ....................................... $40 million o National Highly Automated Vehicle and Mobility Innovation Clearinghouse ............ $8 million o National Cooperative Multimodal Freight Transportation Research Program ......... $16 million o State Surface Transportation System Funding Pilots .............................................. $140 million o National Surface Transportation System Funding Pilot ............................................ $40 million

Subtitle A – Research and Development Highway Research and Development Program | Sec. 5101 [23 USC 503(b)]

Increases funding to $144 million for FY22 through FY25 for the Highway Research and Development Program and removes set-asides that previously took funding away from critical research activities.

Adds greenhouse gas emissions reduction to the objectives of the Highway Research and Development Program.

Adds ferry systems to the Conditions and Performance report.

Secretary “may” develop modeling tools and databases to track highway assets, traffic flows, and long-distance network connectivity to better inform planning for both passenger and freight travel.

FHWA shall develop, use and maintain datasets and data analysis tools to assist MPOs, States and the FHWA in carrying out performance management analyses.

FHWA may use up to $15 million per year (FY22 through FY25).

Repeals section 6028 of the FAST Act (23 USC 150 note). Materials to Reduce Greenhouse Gas Emissions Program | Sec. 5102 [23 USC 503(d)]

Establishes within six months of enactment a new grant program to research, develop, and deploy greener construction materials, including research into greener material designs and practices during the production and construction process.

Transportation Research and Development 5-year Strategic Plan | Sec. 5103 [49 USC 6503]

Secretary to issue the Department’s research and development strategic plan every five years, starting with FY17 through FY21.

Amends the five-year plan to include greenhouse gas emissions reduction and workforce issues. University Transportation Centers Program | Sec. 5104 [49 USC 5505]

Increases funding for UTC Program to $96 million for FY22 through FY25.

Adds FTA to the administration of the program.

Increases Federal share and slightly increases grant amounts.

Requires two grantees be minority institutions.

Adds focused research on transit, connected and automated vehicles, bicyclist and pedestrian safety, surface transportation workforce issues, and climate change.

Surplus funds can be transferred to Unsolicited Research Initiative in section 5105.

Research for promoting safety will be specifically listed as a priority topic.

At least one of the UTC grants will focus on non-motorized transportation.

Specifies one or more grants should go towards connected and automated vehicle technology.


Unsolicited Research Initiative | Sec. 5105 [23 USC 5506]

Establishes a new program through which local governments, universities, and nonprofits may propose research projects to the Secretary that are in line with the Secretary’s five-year research and development strategic plan.

Federal funding may not exceed 50%. National Cooperative Multimodal Freight Transportation Research Program | Sec. 5106 [49 USC 70205]

Funding: 100% Federal Share.

Reestablishes the freight transportation cooperative research program in conjunction with the National Academies. Research will include: effects of growing freight demands on the environment, safety, and congestion; impact of freight delivery vehicles; impact of centralized and disparate origins and destinations on freight movement; impacts of increasing freight volumes on transportation planning; effects and impacts of e-commerce; technological solutions and challenges for freight movement; improving the National Multimodal Freight Network; and emerging needs related to multimodal freight transportation.

Research efforts will be guided through an advisory committee consisting of regulators, industry representatives, labor representatives, environmental experts, and safety groups.

Reestablishes freight research program at the National Academies at $4 million per year for FY22 through FY25.

Advisory committee to consist of regulators, industry representatives, labor representatives, environmental experts, and safety groups, to include a State DOT rep.

Advisory committee to recommend a national freight research agenda, to include a myriad of considerations.

Wildlife-Vehicle Collision Reduction and Habitat Connectivity Improvement | Sec. 5107

Authorizes a study on wildlife-vehicle collisions and habitat connectivity, to update previous FHWA research.

FHWA to develop a standardized method and template for States to collect and report wildlife collision and carcass data, in consultation with AASHTO and many others.

Secretary to establish voluntary guidance on thresholds for determining whether a highway could benefit from wildlife crossing infrastructure.

Research Activities | Sec. 5108 [49 USC 330]

Reauthorizes the set-aside for coordination, evaluation, and oversight of research programs. Subtitle B – Technology Deployment Technology and Innovation Deployment Program | Sec. 5201 [23 USC 503(c)]

More than doubles funding to $152 million for FY22 through FY25 for the Technology and Innovation Deployment Program.

Adds greenhouse gas emissions reduction to the objectives of the TIDP program. Accelerated Implementation and Deployment of Pavement Technologies | Sec. 5202 [23 USC 503(c)(3)]

Adds emphasis on innovative pavement designs, materials, and practices that will reduce greenhouse gas emissions.


Expands program reporting requirements to include extensive GHG-reducing and resilience factors, such as stormwater management, pavement durability, impacts on vehicle efficiency, energy efficiency of the production of pavement materials, and integration of renewable energy in pavement designs.

Federal Highway Administration Every Day Counts Initiative | Sec. 5203 [23 USC 520]

Codifies the Every Day Counts initiative.

Adds consideration of practices and products from UTC programs and GHG-reduction efforts. Subtitle C – Emerging Technologies Safe, Efficient Mobility through Advanced Technologies | Sec. 5301 [23 USC 503(c)(4)]

Renames the Advanced Transportation and Congestion Management Technologies Deployment (ATCMTD) program to the Safe, Efficient Mobility through Advanced Technology (SEMAT) Program.

Focuses the program’s objectives on mobility, safety, and greenhouse gas emissions reduction.

Expands eligible uses of funds to include vehicle-to-pedestrian safety systems, vulnerable road user safety systems, and mobility-on-demand activities.

Enhances reporting requirements.

Increases funding to $70 million per year. Expands Federal share to 80%. Intelligent Transportation Systems Program | Sec. 5302 [23 USC 513-516]

Adds consideration of greenhouse gas emissions reduction throughout the ITS program.

Reauthorizes the ITS Program Advisory Committee.

Removes set-asides that previously took funding away from intelligent transportation activities. National Highly Automated Vehicle and Mobility Innovation Clearinghouse | Sec. 5303 [49 USC 5507]

Establishes a national clearinghouse at a university to research the impacts of highly automated vehicles and mobility innovation (Mobility on Demand and Mobility as a Service) on land use, urban design, transportation, real estate, accessibility, municipal budgets, social equity, and the environment.

Study on Safe Interactions between Automated Vehicles and Road Users | Sec. 5304

Directs US DOT to study how automated vehicles (SAE levels 3-5) will safely interact with general road users, including vulnerable road users such as bicyclists and pedestrians.

Also considers human intervention in the vehicle in circumstance including inclement weather, system malfunctions, and cybersecurity threats.

Establishes a working group of road users to guide the study, which will include representatives from state DOTs.

Non-traditional and Emerging Transportation Technology Council | Sec. 5305 [49 USC 118]

Establishes a Nontraditional and Emerging Transportation Technology Council (NETTC) within US DOT and stipulates its membership from among the US DOT elements.

The duties of this council as they relate to nontraditional and emerging technologies, would include addressing jurisdictional or regulatory gaps or inconsistencies that impede prompt and safe deployment, coordinating oversight, establishing department-wide processes, solutions, and best practices for resolving issues and projects pending or brought before the Department.


Hyperloop Transportation | Sec. 5306

Stipulates that not later than six months after enactment, the Nontraditional and Emerging Transportation Technology Council of the Department of Transportation, shall issue guidance to provide a clear regulatory framework for the safe deployment of hyperloop transportation.

Sets forth the parameters to be included in the hyperloop transportation guidance: (1) consideration of safety, oversight, environmental, project delivery, and other regulatory requirements; (2) clearly delineate between relevant authorities and identification of a single point of access to the Department to inquire about projects, plans, and proposals; (3) establish clear, coordinated procedures for the regulation of projects; (4) develop and establish department-wide processes, solutions, and best practices for identifying, managing, and resolving matters within US DOT jurisdiction.

Subtitle D – Surface Transportation Funding Pilot Programs State surface transportation system funding pilots | Sec. 5401

Provides $55 million over four years for State Pilot Projects.

Authorizes funding for a new grant category, State Implementation Projects, in addition to State Pilot Projects, funded at $82.5 million over four years.

Increases state match from 50 percent to 80 percent.

Adds privacy and security of data collection to the scope of the state pilot program.

National surface transportation system funding pilot program | Sec. 5402

Establishes a new pilot program to demonstrate a national motor vehicle per-mile user fee.

Directs the Secretary of Transportation to solicit participants from all 50 States and the District of Columbia and to ensure equitable geographic distribution.

Pilot program should use components and information from state pilots carried out under the Surface Transportation System Funding Alternatives (STSFA) program.

Includes passenger and commercial vehicles, including vehicle fleets.

Directs collected revenue to the Highway Trust Fund.

Port Performance Freight Statistics Program Sec. 5502 Repeals the Port Performance Freight Statistics Program.

TITLE VI—MULTIMODAL TRANSPORTATION

National Multimodal Freight Policy Sec. 6001

Expands the environmental and equity impact goal to include: greenhouse gas emission reduction, local air pollution reduction, stormwater runoff reduction, reduction of wildlife habitat loss, and decreasing adverse impacts of freight transportation on communities near freight facilities.

National Freight Strategic Plan Sec. 6002

Expands the environmental and equity impact goal to include: greenhouse gas emission reduction, local air pollution reduction, stormwater runoff reduction, and reduction of wildlife habitat loss.

The National Freight Strategic Plan should now include best practices on reducing the environmental impacts of freight-related GHGH, air pollution, stormwater runoff/water quality, and wildlife habitat loss.


National Multimodal Freight Network Sec. 6003

Amends the National Multimodal Freight Network to include ports that have a total annual cargo value of at least $1 billion.

Establishes a new deadline for the Secretary to designate a final National Multimodal Freight Network and requires the Secretary to report to Congress on the resources that will be used to meet this deadline.

Allows for the establishment of critical urban multimodal freight corridors in the same manner as the establishment of critical rural multimodal freight corridors. Adds two conditions to designation criteria in that the corridor connects to an international port of entry and provides access to a significant air, rail, water, or other freight facility in the State.

State Freight Advisory Committee Sec. 6004

Expands the participation of additional stakeholders in State freight advisory committees to include metropolitan planning organizations, State environmental departments, and State air quality departments.

State Freight Plans Sec. 6005

Expands the environmental and equity requirements for the State Freight Plans to include greenhouse gas emission reduction, local air pollution reduction, stormwater runoff reduction, reduction of wildlife habitat loss, and decreasing adverse impacts of freight transportation on communities near freight facilities.

Study of Freight Transportation Fee Sec. 6006

Establishes a joint task force between the Department of Transportation and the Internal Revenue Service to study the establishment and administration of a fee on multimodal freight surface transportation services. Includes an assessment of the revenue such a fee would generate, the entities that would be impacted by such a fee, and assessments of related operational and administrative issues. The Secretary is required to report to Congress within one year after the enactment of this act on the outcome of the study.

TITLE VII—TIFIA Transportation Infrastructure Finance and Innovation Act | Sec. 7001 Raises threshold ($75 million to $150 million) above which projects need investment grade rating. Clarifies that the proceeds of a TIFIA loan shall be considered as part of the non-federal share if the

loan is repayable from non-federal funds. Expands funds available for non-federal match for territories. Secretary, within 120 days, shall implement expedited decision timeline for public agency borrowers

seeking TIFIA (Secretary has 180 days to notify applicant of decision within 180 days of the OST commencing credit worthiness).

Raises threshold ($2 million to $3 million) for projects to be considered small. Requires US DOT to publish monthly status reports on all TIFIA applications and projects.


DIVISION C—HAZARDOUS MATERIALS Authorization of Appropriations | Sec. 8101

Authorizes the Pipeline and Hazardous Materials Safety Administration (PHMSA) hazardous materials safety program at $347 million over five years.

DIVISION D—RAIL Title I—Authorizations Authorization of Appropriations | Sec. 9101

Provides $29.3 billion over five years in grants to support Amtrak’s intercity passenger rail service on the Northeast Corridor (NEC) ($13.1 billion) and the National Network ($16.2 billion). It provides higher Amtrak funding levels for FY 2021 and FY 2022 than subsequent years in order to mitigate the effects of the COVID-19 pandemic on its network. Of this amount, $2 billion over five years of the National Network grants will go to offset allocated national costs that Amtrak charges states for state-supported routes. Authorizes five-year appropriations for the State-Amtrak Intercity Passenger Rail Committee at $15 million and the Northeast Corridor Commission at $30 million. Further, authorizes appropriations for the Amtrak Office of Inspector General at $137.5 million over five years.

The Federal Railroad Administration (FRA) Safety and Operations account are authorized at $1.165 billion over five years. This section also specifies certain uses of these funds, such as authorizing grants for improving Class II and III railroad safety.

FRA’s Railroad Research and Development account is authorized at $230 million over five years. Funding is specifically provided for research on the safety of liquefied natural gas (LNG) by rail and to research the feasibility of expanding railroad safety culture assessments and training to include tourist, passenger, and commuter railroads.

Passenger Rail Improvement, Modernization, and Expansion (PRIME) Grants | Sec. 9102

This new intercity passenger rail funding program authorizes grant funding of $19 billion over five years for state of good repair projects, service improvement projects, and rail expansion projects.

High-speed rail projects are eligible for the funds, and priority is given for projects that incorporate regional planning and/or have the support of multiple states and to projects that provide environmental benefits, such as greenhouse gas reduction and other air quality benefits. Within the grant program, 40% is reserved for NEC projects, and 40% is reserved for projects outside the NEC, with a Federal cost-share of up to 90%.

Consolidated Rail Infrastructure and Safety Improvements (CRISI) Grants | Sec. 9103

Reauthorizes the FRA’s discretionary grant program, CRISI, at $7 billion over five years. Commuter rail authorities are newly eligible, and project eligibilities are extended to commuter rail transportation improvement projects, maintenance and upgrades of railroad safety technology (including positive train control), and the establishment of new quiet zones. The section reserves 15% of the funding for rural projects, establishes a 50 percent set-aside for projects over $100 million, and removes a preference for projects with a lower percentage of Federal funding. Grants awarded to commuter rail authorities are transferred to the Federal Transit Administration for grant administration, and commuter railroad authorities must provide protective arrangements to


employees covered by railroad labor and retirement statutes who are adversely affected by grant-funded projects.

Railroad Rehabilitation and Improvement Financing (RRIF) | Sec. 9104

Through the RRIF program, the US Department of Transportation provides direct loans and loan guarantees to finance the development of railroad infrastructure. New provisions direct the Secretary to repay the credit risk premium (CRP) with interest for each loan defined in cohort 3 (made between 2009 and 2015) not later than 60 days after all obligations attached to each such loan have been satisfied. The section also authorizes $30 million per year for the Secretary to pay the CRP in whole or in part for loan and loan guarantees for State and local governments, congressionally consented interstate compacts, and government-sponsored authorities and corporations. Of this, $25 million per year is reserved for passenger rail projects. The section makes permanent the authority for transit-oriented development project loans, and it clarifies that RRIF loans may be used as the non-Federal share of project costs if such loans are repaid from non-Federal funds.

Buy America | Sec. 9105

Requires the US Department of Transportation to provide notice and opportunity for public comment on requests for waivers from FRA’s Buy America standards at least 30 days before making a finding on such request. It also requires US DOT to annually report to Congress on the waivers granted during the preceding fiscal year.

Rail Network Climate Change Vulnerability Assessment | Sec. 9106

In light of the risks posed to the passenger and freight rail network from climate change and related ecological disturbances, this section directs the Secretary of Transportation to sponsor the National Academies to conduct an assessment and submit a subsequent report on the potential impacts of climate change on the national rail network. The report will also address mitigation strategies to lessen adverse impacts, including emergency preparedness measures and resiliency best practices for infrastructure planning.

Title II—Amtrak Reforms Amtrak Preference Enforcement | Sec. 9204

Amtrak’s preferential access to freight-owned corridors dates to Amtrak’s early years and is key to the future success of intercity passenger rail transportation. This provision provides a means for Amtrak to enforce its statutory right of preference directly in Federal court without intermediaries.

Use of Facilities and Providing Services to Amtrak | Sec. 9205

Revises the Surface Transportation Board provisions that govern when Amtrak seeks to operate additional trains over rail lines owned by another carrier by establishing a process for the Board to determine whether the additional trains unreasonably impair freight transportation and initiate a proceeding to evaluate what additional investments are required.

Amtrak ADA Assessment | Sec. 9207

Amtrak’s trains, stations, facilities, policies, and decision-making processes must serve passengers with disabilities. Existing facilities, including trains, stations, and parking, should be fully accessible in accordance with the Americans with Disabilities Act (ADA). This provision requires Amtrak to


perform a comprehensive review of all policies, protocols, and guidelines for compliance with the ADA.

State Supported Routes Operated by Amtrak | Sec. 9209

Increases transparency of the costs Amtrak assigns to states for state-supported routes and calls for procedures to improve financial planning. The section directs the State-Amtrak Intercity Passenger Rail Committee to report on potential improvements to the methodology that would promote accountability and transparency. Further, the section requires Amtrak to engage in early stakeholder engagement when developing new state-supported routes, and Amtrak must receive affirmative state permission before initiating such service. The section also allows states and Amtrak to pursue an alternative cost allocation method to facilitate the development, construction, and operation of new state-supported routes.

Amtrak Disaster Relief | Sec. 9215

Enables US DOT to make grants to Amtrak for capital projects and continued operations during disruptions due to natural disasters and emergency events.

Recreational Trail Access | Sec. 9216

Requires Amtrak to report to Congress before implementing a new policy or operation that may affect recreational trail access.

Title III—Intercity Passenger Rail Policy Northeast Corridor Commission | Sec. 9301

Incorporates minor updates to the Northeast Corridor Commission provisions, including terminology changes and slight modifications to the Commission’s membership provisions.

Northeast Corridor Planning | Sec. 9302

Requires the Northeast Corridor Commission to submit a strategic development plan that identifies key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor.

Protective Arrangements | Sec. 9303

Directs the FRA Administrator to adhere to current law that requires that applicants seeking FRA grants for certain types of projects agree to comply with protective arrangements that are equivalent to those established under the Railroad Revitalization and Regulatory Reform Act of 1976. Those protective arrangements are intended to ensure that workers are not harmed as a result of a project funded by an FRA grant.

High Speed Rail Funds | Sec. 9304

Directs US DOT to re-obligate funds for high-speed rail projects back to their intended recipients. Title IV—Commuter Rail Policy Surface Transportation Board Mediation of Trackage Use Requests | Sec. 9401

Requires that a rail carrier must provide good faith consideration to a provider of commuter rail transportation’s reasonable request for access to trackage and provision of related services.


Surface Transportation Board Mediation of Rights of Way Use Requests | Sec. 9402

Requires that a rail carrier must provide good faith consideration to a provider of commuter rail transportation’s reasonable request for access to rail right of way.

Title V—Rail Safety Subtitle A – Passenger and Freight Safety National Academies Study of Safety Impact of Trains Longer than 7,500 Feet | Sec. 9501

Long trains place different operational demands on the rail network and workforce. This provision begins a National Academies study on the safety impacts of trains longer than 7,500 feet in a variety of terrains and conditions. The study will consider safety factors, such as loss of communication between crew members and trainload composition.

GAO Study on Changes in Freight Railroad Operating and Scheduling Practices | Sec. 9502

Initiates a GAO report on the industry-wide impacts of the Precision Scheduled Railroading model. Directs GAO to take a holistic look at the impacts on freight rail shippers, Amtrak, commuter railroads, and railroad employees.

Waiver Notice Requirements | Sec. 9504

This section requires FRA to engage in a public process before granting waivers from railroad safety standards and regulations. FRA must give the public notice of a waiver request, make available a waiver application and any supporting data, and provide the public with notice and an opportunity to comment on waivers before they are finalized.

Notice of FRA Comprehensive Safety Assessments | Sec. 9505

Requires that, not later than ten business days after the FRA initiates a comprehensive safety assessment of an entity providing regularly scheduled intercity or commuter rail transportation, the FRA must notify the House Transportation and Infrastructure Committee, the Senate Commerce, Science, and Transportation Committee, and each member of Congress representing a state in which the service that is the subject of the assessment being conducted is located. Additionally, not later than 90 days after the comprehensive safety assessment is complete, FRA must transmit the findings of the assessment to such Committees and Members of Congress.

FRA Accident and Incident Investigations | Sec. 9506

Requires US DOT to create a standard process during FRA accident and incident investigations for gathering information about the accident or incident, and consulting for technical expertise with railroad carriers, contractors or employees or employee representatives, and other relevant entities. In developing the process, the Secretary shall factor in ways to maintain the confidentiality of such entities when requested and appropriate.

Rail Safety Improvements | Sec. 9507

In response to the recommendations the National Transportation Safety Board (NTSB) issued following the December 2017 Amtrak derailment near DuPont, Washington, this provision directs US DOT to complete a study on how signage can improve rail safety, reevaluate seat securement mechanisms and identify means to prevent their failure, develop policies for the safe use of child


safety seats, and conduct research to evaluate the causes of passenger injuries in passenger railcar derailments and overturns, and use such findings to develop occupant protection standards. This section also directs Amtrak to improve its training and skill proficiency requirements for operating crewmembers, to ensure that wayside signs and plaques are highly noticeable and strategically located, to ensure all operating documents are current before starting new or revised operations, and to take measures to improve its system safety plan and conduct risk assessments on all new or upgraded services. FRA and Amtrak must report on their progress within 18 months.

Annual Review of Speed Limit Action Plans | Sec. 9508

The FAST Act mandated that railroad carriers providing intercity or commuter rail passenger transportation survey their systems and develop plans that identify each main track location where a reduction of more than 20 miles per hour exists, ensure compliance with the maximum authorized speed at each location, describe actions to enable warning and enforcement of maximum authorized speed, and set milestones for implementing such actions. As recommended in the NTSB DuPont derailment accident report, this section expands the mandate to require that carriers review their plans annually to ensure they are effective, and that carriers submit revised plans to the Secretary for approval prior to implementing any operational or territorial change. New intercity or commuter rail passenger transportation service must comply with the safety requirement prior to beginning operation.

Freight Train Crew Size Safety Standards | Sec. 9509

Includes a two-person crew requirement that generally requires that freight trains have a certified engineer and a certified conductor. Limited exemptions are included for short lines and small railroads, but no exemptions are available for trains carrying dangerous hazmat and long trains, which must be staffed with two crewmembers.

Safe Cross Border Operations | Sec. 9510

Prohibits the Secretary from granting or modifying a waiver to allow mechanical or brake inspections of rail cars to be performed in Mexico in lieu of complying with the certification requirements of section 416 of the Rail Safety Improvement Act of 2008. This section also prohibits railroad employees whose primary reporting point is in Mexico from entering the U.S. to perform train or dispatching service unless the Secretary certifies that such workers are subject to certain specific safety standards that apply to U.S.-based crews. If the Secretary certifies that such safety standards are met, the Secretary must publicly notice, seek public comment, hold a public hearing on such certification notice, and notify Congress.

Annual Report on PTC System Failures | Sec. 9513

Establishes an annual reporting requirement for positive train control (PTC) system failures. Fatigue Reduction Pilot Projects | Sec. 9514

Requires the Secretary to conduct fatigue pilot projects mandated in the Rail Safety Improvement Act of 2008 and directs that the projects be developed and evaluated in coordination with the labor organizations representing impacted employees. This section also permits the Secretary to reimburse participating railroads for associated costs and authorizes funds for such purpose. If the pilot projects have not begun one year after the date of enactment, the Secretary must report to Congress on the pilot project status, FRA efforts and challenges, and other details associated with their development.


Assault Prevention and Response Plans | Sec. 9515

Requires passenger and commuter railroad carriers to implement response plans and employee training in order to address assaults against both passengers and employees. This section also requires railroads to report annual assault data to FRA.

Critical Incident Stress Plans | Sec. 9516

Amends FRA regulations to include assault in the definition of a critical incident, after which railroad carriers must offer support services to employees who witness or experience such events.

Study on Safety Culture Assessments | Sec. 9517

Requires the FRA to conduct a study on the feasibility of expanding the scope of railroad safety culture assessments and training to include tourist, passenger, and commuter railroads.

Subtitle B – Grade Crossing Safety Grade Crossing Separation Grant | Sec. 9551

To reflect the significant demand for funds to support grade separation projects, this section creates a new grant program authorized at $2.5 billion over five years to build or improve grade crossing separations. Right-of-way owners must contribute at least 10% of the total project costs. No more than 50% of the funds can go to projects that cost $100 million or more. For projects over $40 million, the cost-share is 65%, and for projects under $40 million, the cost-share is 85%.

Rail Safety Public Awareness Grant | Sec. 9552

This section authorizes a new FRA grant program at $30 million over five years with a focus on reducing rail-related accidents and improving safety along railroad rights-of-way and highway-rail grade crossings. Eligible programs include public service announcements and media campaigns, school and driver education safety presentations, and dissemination of safety information to communities.

Establishment of a 10-minute Time Limit for Blocking Public Grade Crossings | Sec. 9553

This section mirrors many state laws by prohibiting a stopped freight train from blocking a public crossing for more than ten minutes and allows the Secretary to impose penalties. Enforcement of the blocked crossing regulations may also be delegated to states.

National Strategy to Address Blocked Crossings | Sec. 9554

Directs US DOT to develop a national strategy to address blocked crossings. Railroad Point of Contact for Blocked Crossing Matters | Sec. 9555

Adds blocked crossings to the grade crossing problems that the public may report to a railroad under existing law.

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