Division A — Surface Transportation

“(A) In general—At least once every 3 years, except as provided for under subparagraph (B)”

“(B) Targeted review for high-performing recipients—In the case of a recipient under this section for which no action under paragraph (3) has been found to be necessary for 6 or more consecutive years, the triennial review shall be a targeted review, as determined by the Secretary, to ascertain whether there is, with respect to the performance of a program under this section—

“(i) any outstanding or unresolved finding from prior reviews;

“(ii) evidence of noncompliance with an applicable statutory or administrative requirement under this chapter; or

“(iii) any material change since the most recent triennial review that the Secretary determines risks the recipient's compliance with respect to such performance.”

“(E) Reallocation—Amounts apportioned under section 5310(c)(1)(A) may be reallocated to projects in areas other than urbanized areas.”

“(1) Capital projects

“(A) In general—Except as provided in subparagraph (B), a grant awarded under this section for a capital project shall be 80 percent of the net costs of the project, as determined by the Secretary.

“(B) Exception—A State described in section 120(b) of title 23 shall receive a Government share of the net costs in accordance with the formula under such section.

“(2) Operating Assistance

“(A) In general—Except as provided by subparagraph (B), a grant awarded under this section for a operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as determined by the Secretary.

“(B) Exception—A State described in section 120(b) of title 23 shall receive a Government share of the net costs that is equal to 62.5 percent of the Government share provided for under paragraph (1)(B).”

“(1) In general—To the extent the Secretary determines appropriate, the requirements of—

“(A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and

“(B) section 5311 shall apply to recipients of grants made in rural areas under this subsection.”

“(C) Projects in qualified opportunity zones, medically underserved areas, or areas with a medically underserved population—A grant awarded under this section for a capital project in a qualified opportunity zone, a medically underserved area, or areas with a medically underserved population shall be for 90 percent of the net costs of the project, as determined by the Secretary.”

“(C) Projects in qualified opportunity zones, medically underserved areas, or areas with a medically underserved population—A grant awarded under this section for a capital project in a qualified opportunity zone, a medically underserved area, or an area with a medically underserved population shall be for 62.5 percent of the Government share provided for under paragraph (1)(B).”

“(6) Definitions—In this subsection:

“(A) Qualified opportunity zone—The term “qualified opportunity zone” has the meaning given such term in section 1400Z–1 of the Internal Revenue Code of 1986.

“(B) Medically underserved areas; an area with a medically underserved population—The term “medically underserved areas” or “an area with a medically underserved population” means an area or populations that are designated as medically underserved by the Secretary of Health and Human Services pursuant to section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)).”

“(r) Reasonable access to public transportation facilities

“(1) In general—A recipient of assistance under this chapter may not deny reasonable access for a private or charter transportation operator to federally funded public transportation facilities, including intermodal facilities, park-and-ride lots, and bus-only highway lanes. In determining reasonable access, capacity requirements of the recipient of assistance and the extent to which access would be detrimental or beneficial to existing public transportation services must be considered. A recipient shall respond to any request for reasonable access within 90 days of the receipt of the request.

“(2) Response to request

“(A) In general—If a recipient of assistance under this chapter fails to respond to a request within the 90-day period described in paragraph (1), the operator may seek assistance from the Secretary to obtain a response.

“(B) Denial of access—If a recipient of assistance under this chapter denies access to a private intercity or charter transportation operator based on the reasonable access standards provided in paragraph (1), the recipient shall provide, in writing, the reasons for the denial.”

“(t) Waivers and deferrals; administrative option

“(1) In general—Notwithstanding any other provision of law, the Secretary shall have the authority to waive, exempt, defer, or establish a simplified level of compliance for recipients of assistance under this chapter that operate 10 or fewer vehicles in service, or that receive financial assistance under both sections 5307 and 5311 of this chapter.

“(2) Guidance required—Not later than 180 days of enactment of the Federal Public Transportation Act of 2020, the Secretary shall publish guidance for recipients of assistance under this chapter that operate 10 or fewer buses in service or that receive financial assistance under both of sections 5307 and 5311 concerning—

“(A) which specific requirements may be considered for waivers, exemptions, deferrals, or simplified levels of compliance by recipients of assistance described in paragraph (1);

“(B) the process by which recipients of assistance described in paragraph (1) may request such waivers, exemptions, deferrals, or simplified levels of compliance;

“(C) the criteria by which the Secretary shall evaluate and act upon such requests;

“(D) the terms and conditions the Secretary shall attach to any waiver, exemption, deferral or simplified level of compliance that is awarded under paragraph (1);

“(E) actions the Secretary may take if a recipient fails to comply the terms and conditions attached to a waiver, exemption, deferral, or simplified level of compliance that has been awarded under paragraph (1); and

“(F) the circumstances under which the Secretary may use this paragraph to award a waiver, exemption, deferral or simplified level of compliance to a recipient of assistance under this chapter and described in this paragraph.

“(3) Maintain safety—The Secretary shall not take any action under this subsection that would degrade safety to lives or property.

“(4) Report—The Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report detailing the requests and actions that have been taken under this subsection in the preceding 12 months.”

“(v) Threshold for the sale of transit vehicles after service life—Notwithstanding any other provision of law or regulation, for programs under this chapter the threshold amount for transit vehicles after the service life is reached shall be 20 percent of the original acquisition cost of the purchased equipment. For transit vehicles sold for an amount above such amount, the threshold amount shall be retained by the transit agency upon sale of the asset for use by the transit agency for the purpose of operating or capital expenditures, and the remainder shall be remitted to the Secretary and shall be deposited into the Mass Transit Account of the Highway Trust Fund. If such a vehicle is sold for an amount below or equal to the threshold amount, the transit agency shall retain all funds from the sale.”

“(A) National distribution—For each of fiscal years 2021 through 2025, each State shall be allocated 0.6 percent of the amount made available under section 5338(a)(2)(L) and each territory shall be allocated 0.15 percent of such amount.”

“5313. Innovative mobility and technology deployment grants

“(a) Authority—The Secretary shall establish an innovative mobility and technology deployment grants program to award grants to entities described in subsection (b) to assist in financing of public transportation projects that—

“(1) allow for the integration of mobility services or technologies in public transportation services, including traveler information, trip planning information, new or expanded reservation capabilities, integrated payment solutions, fare automation, or delivery designs to improve options in public transportation;

“(2) advance first-mile, last-mile, late night, or low density services that connect riders to public transportation, including—

“(A) microtransit;

“(B) commuter busing; or

“(C) commuter highway vehicles;

“(3) advance on demand complementary paratransit services;

“(4) provide accessibility and connectivity for rural areas not being adequately served by public transportation, as determined by the Secretary;

“(5) expand high-performing public transportation business models that increase access to public transportation; or

“(6) provide any other transit service that the Secretary determines appropriate to meet the purposes of this section.

“(b) Eligible entities—To be eligible for a grant under this section, an entity shall be—

“(1) a State or local government; or

“(2) a publicly owned operator of public transportation.

“(c) Application—To be eligible to receive a grant under this section, an entity described in subsection (b) shall submit to the Secretary an application in such form and contain such information as the Secretary may require.

“(d) Rulemaking—The Secretary shall—

“(1) issue such regulations as are necessary to carry out this section, and publish such regulations in the Federal Register, not later than 270 days after the date of enactment of this section; and

“(2) in issuing such regulations, solicit and receive comments from stakeholders not later than 180 days after the date of enactment of this section.

“(e) Grant requirements—The Secretary may approve modified grant requirements for projects carried out using a grant under this section.

“(f) Limitations

“(1) Period of grant—A grant under this section shall be for a 3-year period beginning on the date on which the first payment of any amount under the grant is provided to an eligible entity.

“(2) Rural grant minimum—The Secretary shall award not less than 20 percent of the total amounts made available to carry out this section to support activities described under subsection (a) in rural areas.

“(3) Government share of costs—The Federal share of the total project cost of a project carried out under this section may not exceed 80 percent.

“(4) Allocation—Of the amounts authorized to be appropriated to carry out this section for each fiscal year, not more than 20 percent may be awarded under subsection (a) to a single entity.

“(g) Best practices—The Secretary shall annually collect from, review, and disseminate to public transportation agencies findings or best practices from projects funded under this section.

“(h) Definitions—In this section:

“(1) Commuter highway vehicle—The term “commuter highway vehicle” has the meaning given such term in section 132(f)(5)(B) of the Internal Revenue Code of 1986.

“(2) High-performing public transportation—The term “high-performing public transportation” means a public transportation service, whether provided by a public agency, private nonprofit, or for-profit organization, that is able to collect all operating costs through fare-box revenue or other dedicated sources for an activity and increases access to public transportation.

“(3) Micro-transit—The term “micro-transit” means internet-enabled, public transportation services that use dynamically generated routes calculated by algorithms developed to increase the occupancy of vehicles.”

“(m) Study of illegal passing of school buses

“(1) In general—The Comptroller General of the United States shall conduct a study on illegal passing of school buses.

“(2) Study elements—In completing the study under paragraph (1), the Comptroller General shall compile and examine the following issues related to illegal passing of school buses:

“(A) Description of illegal passing laws in each State relating to school buses.

“(B) Identification of laws that may affect or intersect with illegal school bus passing laws.

“(C) Description of how each State enforces such laws.

“(D) Evaluation of methods that each State uses to review, document, and report to law enforcement school bus stop-arm violations and illegal school bus passing.

“(E) Review of driver education materials.

“(F) Identification of best practices relating to the most effective approaches to address illegal passing of school buses.

“(3) Report—Not later than 2 years after the date of enactment of this subsection, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study under paragraph (1).

“(n) Public safety media programs

“(1) Child heatstroke—Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish and implement a public safety messaging program to educate the public and reduce heatstroke-related deaths of children in unattended vehicles.

“(2) Illegal passing of school buses—Not later than 18 months after the date of enactment of this subsection, the Secretary shall establish and implement a public safety messaging program to educate the public and reduce the illegal passing of school buses.”

“(j) Remote audits

“(1) In general—The Secretary shall establish a pilot program to conduct remote compliance reviews under subpart A of part 385 of title 49, Code of Federal Regulations, to assign a safety rating for commercial motor carriers.

“(2) Contents—In conducting the pilot program, the Secretary shall—

“(A) use the same standards that would otherwise be applicable to commercial motor carriers;

“(B) apply the procedures of part 385 of title 49, Code of Federal Regulations, including the safety fitness rating methodology under appendix B, prior to assigning a safety rating under such pilot program;

“(C) assign safety ratings regardless of whether an on-site review of activities has taken place; and

“(D) leverage all available technology to access information and records.

“(3) Eligible participants

“(A) In general—Motor carriers that are eligible to participate in the pilot program under this subsection shall—

“(i) voluntarily agree to participate in such pilot program; and

“(ii) be able to opt out of participation at any time.

“(B) Prohibition on participation—Motor carriers that transport hazardous materials or passengers shall be prohibited from participating in the pilot program under this section.

“(4) Authorized agents—Remote compliance reviews conducted under the pilot program under this section may be conducted by—

“(A) Federal Motor Carrier Safety Administration personnel;

“(B) State commercial motor vehicle authorities that meet acceptable standards set forth by the Secretary; or

“(C) private contractors that meet acceptable standards set forth by the Secretary.

“(5) Availability of safety ratings—Safety ratings determined under the pilot program under this subsection may not be released publicly by the Secretary or by any authorized agent described in paragraph (4) that is participating in the pilot program under this subsection.”

“520. Advanced transportation technologies program

“(a) In general—The Secretary of Transportation shall establish a program to provide grants to eligible entities to deploy, install, and operate advanced transportation technologies to improve safety, efficiency, system performance, mobility, intermodal connectivity, and infrastructure return on investment.

“(b) Criteria—In carrying out the program under subsection (a), the Secretary shall develop criteria for selection of an eligible entity to receive a grant, including how the proposed deployment of technology—

“(1) reduces costs and improves return on investments, including through the optimization of existing transportation capacity;

“(2) delivers environmental benefits by alleviating congestion and streamlining traffic flow;

“(3) measures and improves the operational performance of the applicable transportation network;

“(4) reduces the number and severity of traffic accidents and increases driver, passenger, and pedestrian safety;

“(5) collects, disseminates, and uses information on real-time traffic, work zone, weather, transit, paratransit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient, accessible, and integrated transportation and transportation services;

“(6) monitors transportation assets to improve infrastructure management, reduce maintenance costs, prioritize investment decisions, and ensure a state of good repair;

“(7) delivers economic benefits by reducing delays, improving system performance, and providing for the efficient and reliable movement of goods and services; or

“(8) accelerates the deployment of vehicle-to-vehicle, vehicle-to-infrastructure, autonomous vehicles, and other technologies.

“(c) Applications—An application submitted for a project to be carried out by a grant under this program shall include the following:

“(1) A plan to deploy and provide for the long-term operation and maintenance of advanced transportation technologies to improve safety, efficiency, system performance, and return on investment.

“(2) Objectives for quantifiable system performance improvements, such as—

“(A) reducing traffic-related accidents, congestion, and costs;

“(B) optimizing system efficiency; and

“(C) improving access to transportation services.

“(3) Quantifiable safety, mobility, and environmental benefit projections such as data-driven estimates of how the project proposes to improve the applicable transportation system efficiency and how such project proposes to reduce traffic congestion.

“(4) A plan for any partnerships with private sector entities or public agencies, including multimodal and multijurisdictional entities, research institutions, organizations representing transportation and technology leaders, or other transportation stakeholders.

“(5) A plan to leverage and optimize existing local and regional advanced transportation technology investments.

“(d) Grant selection

“(1) Grant awards—Each fiscal year for which funding is made available under this section, the Secretary shall award grants to not less than 5 and not more than 10 eligible entities.

“(2) Geographic diversity

“(A) In general—Subject to subparagraph (B), in awarding a grant under this section, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban areas and rural areas.

“(B) Rural set-aside—Not less than 20 percent of the amounts made available to carry out this section shall be reserved for projects serving rural areas, to the extent there are sufficient eligible applications.

“(3) Technology diversity—In awarding a grant under this section, the Secretary shall ensure, to the extent practicable, that grant recipients represent a variety of technology solutions.

“(e) Use of grant funds—A grant recipient may use funds awarded under this section to deploy advanced transportation technologies, including—

“(1) advanced traveler information systems;

“(2) advanced transportation management technologies;

“(3) advanced transportation technologies to improve emergency evacuation and response by Federal, State, and local authorities;

“(4) infrastructure maintenance, monitoring, and condition assessment;

“(5) advanced public transportation systems;

“(6) transportation system performance data collection, analysis, and dissemination systems;

“(7) advanced safety systems, including vehicle-to-vehicle, vehicle-to-pedestrian, and vehicle-to-infrastructure communications, technologies associated with autonomous vehicles, and other collision avoidance technologies, including systems using cellular technology;

“(8) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems;

“(9) integrated corridor management systems;

“(10) advanced parking reservation or variable pricing systems;

“(11) electronic pricing, toll collection, and payment systems;

“(12) technology that enhances high occupancy vehicle toll lanes, cordon pricing, or congestion pricing;

“(13) advanced mobility and access technologies, such as dynamic ridesharing and information systems to support human services for elderly and disabled individuals;

“(14) technology that collects and maintains automated driving system safety data and data analysis tools;

“(15) cybersecurity protection measures and activities to protect against cybersecurity threats; or

“(16) advanced vulnerable road user safety information systems.

“(f) Report to Secretary

“(1) In general—The Secretary shall ensure that a recipient of a grant under this section submits, not later than 1 year after the recipient receives a grant and annually thereafter, a report to the Secretary that describes—

“(A) deployment and operational costs of the project compared to the benefits and savings the project provides; and

“(B) how the project has met the original expectations projected in the deployment plan submitted with the application, such as—

“(i) data on how the project has helped reduce traffic accidents, congestion, costs, and other benefits of the deployed systems;

“(ii) data on the effect of measuring and improving transportation system performance through the deployment of advanced transportation technologies;

“(iii) the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public to make informed travel decisions; and

“(iv) lessons learned and recommendations for future deployment strategies to optimize transportation mobility, efficiency, and multimodal system performance.

“(2) Report Consistency

“(A) Administration—The Secretary shall provide grant recipients with methods and techniques to support consistent data collection across grant recipients and may update such methods and techniques as appropriate.

“(B) Update—The Secretary shall provide grant recipients notice of an update described in subparagraph (A) not less than 90 days before carrying out such update.

“(g) Report—Not later than 2 years after the date of enactment of this section, and once every 2 years thereafter, the Secretary shall make available to the public on the website of the Department of Transportation an updated report that describes the effectiveness of grant recipients in meeting projected deployment plans including data described in subsection (f) on how the program has—

“(1) reduced traffic-related fatalities and injuries;

“(2) reduced traffic congestion and improved travel time reliability;

“(3) reduced transportation-related emissions;

“(4) optimized multimodal system performance;

“(5) improved access to transportation alternatives;

“(6) provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions;

“(7) provided cost savings to transportation agencies, businesses, and the traveling public; or

“(8) provided other benefits to transportation users and the general public.

“(h) Penalty—The Secretary may terminate a grant provided under this section and deobligate funds provided by such grant if—

“(1) the Secretary determines from a report submitted pursuant to subsection (f) that a recipient of such grant is not carrying out the requirements of the grant; and

“(2) the Secretary provides written notice to the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate 60 days prior to deobligating funds under this subsection.

“(i) Funding—Of the amounts provided to carry out this section, the Secretary may set aside $2,000,000 each fiscal year for program reporting, evaluation, and administrative costs related to this section.

“(j) Federal share—The Federal share of the cost of a project for which a grant is awarded under this subsection shall not exceed 50 percent of the cost of the project.

“(k) Grant limitation—The Secretary may not award more than 15 percent of the amount described under subsection (i).

“(l) Expenses for grant recipients—A grant recipient under this section may use not more than 5 percent of the funds awarded each fiscal year to carry out planning and reporting requirements.

“(m) Grant flexibility

“(1) In general—If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications that meet the requirements described in subsection (c) to carry out this section for a fiscal year, the Secretary shall transfer to the programs specified in paragraph (2)—

“(A) any of the funds reserved for the fiscal year under subsection (i) that the Secretary has not yet awarded under this section; and

“(B) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subparagraph (A).

“(2) Programs—The programs referred to in paragraph (1) are—

“(A) the programs under sections 503(b) and 503(c); and

“(B) the programs under sections 512 through 518.

“(3) Distribution—Any transfer of funds and obligation limitation under paragraph (1) shall be divided among the programs referred to in that paragraph in the same proportions as the Secretary originally reserved funding from the programs for the fiscal year under subsection (i).

“(n) Definitions—In this section, the following definitions apply:

“(1) Advanced transportation technologies—The term “advanced transportation technologies” means technologies that improve the efficiency, safety, or state of good repair of surface transportation systems, including intelligent transportation systems.

“(2) Eligible entity—The term “eligible entity” means a State or local government, a transit agency, metropolitan planning organization, or a political subdivision of a State or local government or a multijurisdictional group or a consortium of research institutions or academic institutions.

“(3) Multijurisdictional group—The term “multijurisdictional group” means any combination of State governments, local governments, metropolitan planning organizations, transit agencies, or other political subdivisions of a State for which each member of the group—

“(A) has signed a written agreement to implement a project carried out under this section across jurisdictional boundaries; and

“(B) is an eligible entity under this section.

“(4) Smart Grid—The term “Smart Grid” means a system that provides for any of the smart grid functions set forth in section 1306(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(d)).”

“521. Connected vehicle deployment pilot program

“(a) Establishment

“(1) In general—The Secretary of Transportation shall establish a connected vehicle deployment pilot program to make grants, on a competitive basis, to spur operational deployments to meet the transportation needs of eligible entities through the use of the best available and emerging intelligent transportation systems.

“(2) Goals—The goals of the program shall be to—

“(A) spur connected vehicle technology deployment through wirelessly connected vehicles that interact with a connected environment, including mobile devices, infrastructure, and other elements;

“(B) realize safety, mobility, and environmental impacts through operational deployments;

“(C) capture and use new forms of connected vehicle and mobile device data to support improved surface transportation system performance and enhanced performance-based management;

“(D) encourage partnerships of multiple stakeholders (including private companies, State and local agencies, transit agencies, commercial vehicle operators, freight shippers, and transportation network companies);

“(E) deploy applications using data captured from multiple sources (including vehicles, mobile devices, and infrastructure) across all elements of the surface transportation system (including transit, highway, arterial highways, parking facilities, and toll highways); and

“(F) support deployment sites that create foundations for future expanded and enhanced deployments.

“(b) Grant amount—Each grant made under this section shall be in an amount that is at least $10,000,000.

“(c) Eligible entities—The Secretary may make a grant under this section to any of the following entities:

“(1) A State or a group of States.

“(2) A transit agency.

“(3) A metropolitan planning organization that serves an urbanized area with a population of more than 200,000 individuals.

“(4) A unit of local government or a group of local governments.

“(5) A political subdivision of a State or local government.

“(6) A special purpose district or public authority with a transportation function, including a port authority.

“(7) A multijurisdictional group (as defined under section 520) or a consortium of research institutions or academic institutions.

“(d) Eligible projects—A grant recipient may use funds awarded under this section for a project that deploys connected vehicle applications and technologies, including—

“(1) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications, technologies associated with autonomous vehicles, and other collision avoidance technologies, including systems using cellular technology;

“(2) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems;

“(3) electronic pricing and payment systems;

“(4) advanced mobility and access technologies, such as dynamic ridesharing and information systems to support human services for elderly and disabled individuals; and

“(5) any deployment concept eligible, before the date of enactment of this section, under the connected vehicle pilot deployment program carried out by the Department of Transportation.

“(e) Use of funds—Grant amounts received for a project under this section may be used for—

“(1) activities in the development phase, including planning, feasibility analysis, revenue forecasting, environmental review process (as defined under section 139), preliminary engineering and design work, and other preconstruction activities;

“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvement directly related to improving system performance;

“(3) providing incentives to attract driver participation; and

“(4) purchasing and installing any connected vehicle equipment (including vehicle applications, roadside units, and back-office equipment).

“(f) Applications

“(1) In general—To be eligible for a grant under this section, an entity described under subsection (c) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate, including—

“(A) a plan to deploy and provide for the long-term operation and maintenance of connected vehicle technologies to improve safety, efficiency, and system performance;

“(B) objectives to improve and measure system performance in 1 or more of—

“(i) system productivity;

“(ii) mobility, including impact on freight movements;

“(iii) livability and accessibility of goods, services, and activities;

“(iv) environment and fuel use; and

“(v) traveler and system safety, including advising individuals of potentially unsafe conditions and mitigating the impact of events that may cause vehicle accidents; and

“(C) a plan for partnering with private sector entities or public agencies, including multimodal and multijurisdictional entities, research institutions, organizations representing transportation and technology leaders, or other transportation stakeholders.

“(2) Criteria—When evaluating applications under this section, the Secretary may not require that a pilot deployment under the program be based on research carried out or funded by the Department of Transportation.

“(g) Grant selection

“(1) Grant awards—Not later than 1 year after the date of enactment of this section, and each fiscal year thereafter, the Secretary shall award grants to not less than 3 and not more than 5 eligible entities described in subsection (c).

“(2) Geographic diversity—In awarding a grant under this section, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban areas and rural areas.

“(h) Grant management—In carrying out the grant program under this section, the Secretary shall—

“(1) emphasize project sustainability and long-term funding goals;

“(2) create a noncompetitive environment and encourage collaboration among project sites;

“(3) balance the privacy of users and secure operations of pilot projects, while maintaining the ability to measure performance factors; and

“(4) be wary of technological maturity of connected vehicle applications and impact of long-term viability of non-deployment ready applications.

“(i) Smart Grid defined—In this section, the term “Smart Grid” means a system that provides for any of the smart grid functions set forth in section 1306(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(d)).”

“522. Automated driving system demonstration program

“(a) Establishment

“(1) In general—The Secretary of Transportation shall establish an automated driving system demonstration program to make grants, on a competitive basis, to eligible entities to—

“(A) test the safe integration of automated driving system technologies into the on-road transportation system of the United States and demonstrate how challenges to the safe integration of such technologies can be addressed;

“(B) ensure significant data gathering and sharing of project data to identify—

“(i) a baseline of safety metrics needed to characterize the safety risk of integrating automated driving system technologies into the transportation system;

“(ii) a baseline for the safety of automated driving system technology integration; and

“(iii) a baseline of roadway characteristics needed for the safe and efficient operation of automated driving system technologies; and

“(C) encourage collaboration and partnerships of multiple stakeholders to carry out subparagraphs (A) and (B).

“(b) Eligible entities—The Secretary may make a grant under this section to the following:

“(1) A State or a group of States.

“(2) A transit agency.

“(3) A metropolitan planning organization that serves an urbanized area with a population of more than 200,000 individuals.

“(4) A unit of local government or a group of local governments.

“(5) A political subdivision of a State or local government.

“(6) A special purpose district or public authority with a transportation function, including a port authority.

“(7) A public academic institution, public research institution, a multijurisdictional group (as such term is defined in section 520), or a consortium of research institutions or academic institutions.

“(c) Applications—To be eligible for a grant under this section, an entity described under subsection (b) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate.

“(d) Eligible uses

“(1) In general—A grant recipient may use funds awarded under this section to demonstrate automated driving system technologies, including—

“(A) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications, technologies associated with autonomous vehicles, and other collision avoidance technologies, including systems using cellular technology;

“(B) innovative mobility solutions that involve deployment of automated vehicles;

“(C) automated driving systems that enhance safety and mobility for elderly and disabled individuals;

“(D) demonstration of shared interoperable fleet of automated vehicles;

“(E) demonstration and validation of exchanges of data that can support the safe, efficient, and secure interoperable integration of automated driving systems;

“(F) any technology associated with automated driving systems; and

“(G) any deployment concept eligible under the automated driving system demonstration grant program carried out by the Department of Transportation before the date of enactment of this section.

“(2) Additional uses—A grant recipient may use funds awarded under this section for infrastructure needs, including capital expenses and maintenance activities, necessary to the proper and safe operation of the automated driving system technology.

“(e) Grant selection

“(1) Grant awards—The Secretary may award grants to not less than 8 and not more than 10 eligible entities described under subsection (b) in a fiscal year.

“(2) Geographic diversity

“(A) In general—In awarding a grant under this section, the Secretary shall ensure, to the maximum extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban areas and rural areas.

“(B) Rural set-aside—Not less than 20 percent of the amounts made available to carry out this section shall be reserved for projects serving rural areas, to the extent there are sufficient eligible applications for such projects.

“(f) Demonstration requirements—The Secretary shall ensure that any project carried out with funds provided under this section shall—

“(1) carry out research and development of automated driving system technologies of Level 3 or greater, as such term is defined pursuant to subsection (h);

“(2) include physical and fully operational demonstrations;

“(3) include gathering and sharing of all relevant data with the Department of Transportation and the relevant State transportation agencies; and

“(4) address scalability to be applicable across the United States to similar road environments.

“(g) Report—Not later than 1 year after the date on which a grant recipient receives a grant under this section, and annually thereafter until such grant is expended, the recipient shall submit to the Secretary and to the transportation agency of the State in which the project takes place, a report that describes—

“(1) lessons learned and how the demonstration has met project objectives;

“(2) a summary of any complications experienced with the project, including complications related to pedestrians, infrastructure, and other vehicles;

“(3) how to use the results of the project to help the public interact and better understand the operations of automated driving system technologies; and

“(4) recommendations for improving roadway characteristics needed for the safe and efficient operation of automated driving system technologies within the State or jurisdiction in which the project took place.

“(h) Guidance required—Not later than 120 days after the date of enactment of this section, the Secretary shall issue guidance defining the term Level 3 or greater by considering industry best practices and standards, including the definition found within “Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles” published by SAE International on June 15, 2018 (J3016_201806), or subsequent versions.

“(i) Automated driving system technologies defined—In this section, the term “automated driving system technologies” means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such capability is limited to a specific operational design domain.”

“(16) Capital and maintenance expenses for infrastructure improvements to ensure the proper and safe operation of automated driving system technologies for which a demonstration project was carried out under section 522.”

“(4) Accelerated implementation and deployment of advanced digital construction management systems

“(A) In general—Not later than 6 months after the date of enactment of this paragraph, the Secretary of Transportation shall establish and implement an advanced digital construction management system program under the technology and innovation deployment program established under paragraph (1) and implemented pursuant to paragraph (2) to—

“(i) deploy advanced digital construction management systems that enable the use of digital technologies on construction sites by contractors and leverage the use of such technologies, including state-of-the-art automated and connected machinery and optimized routing software that allows individuals to perform tasks faster, safer, more accurately, and with minimal supervision;

“(ii) accelerate State adoption of advanced digital construction management systems applied throughout the design, engineering, construction, and operations phases of a construction project that—

“(I) maximize interoperability with other systems, products, tools, or applications;

“(II) increase productivity;

“(III) manage complexity of a construction project;

“(IV) reduce project delays and cost overruns; and

“(V) enhance safety of individuals involved and quality of a construction project;

“(iii) share information among stakeholders through reduced reliance on paper to manage construction processes and deliverables, including blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists;

“(iv) develop and deploy best practices for use in advanced digital construction management systems;

“(v) increase the adoption and deployment of technology by States and units of local government that enables entities carrying out construction projects to—

“(I) integrate the adoption of advanced digital construction management systems and technologies in contracts; and

“(II) weigh the cost of digitization and technology in setting project budgets;

“(vi) implement technology training and workforce development to build the capabilities of entities carrying out construction projects that enables States and units of local government to—

“(I) better manage projects using advanced digital construction management technologies; and

“(II) properly measure and reward technology adoption across construction projects carried out by the State or unit of local government;

“(vii) develop guidance to assist States in updating regulations of such States to allow entities carrying out construction projects to—

“(I) report data relating to the project in digital formats; and

“(II) fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies;

“(viii) reduce the environmental footprint of construction projects by using advanced digital construction management systems to eliminate traffic congestion through more efficient projects; and

“(ix) enhance worker and roadway user safety.

“(B) Funding—The Secretary shall obligate for each of fiscal years 2021 through 2025 from funds made available to carry out this subsection such funds as may be necessary to carry out this paragraph.

“(C) Publication

“(i) In general—At least once every 2 years, the Secretary shall issue and make available to the public on the website of the Department of Transportation a report on—

“(I) progress made in the implementation of advanced digital construction management systems by States; and

“(II) the costs and benefits of the deployment of technology and innovations resulting from the program established under this paragraph.

“(ii) Inclusions—The report required under clause (i) may include an analysis of—

“(I) Federal, State, and local cost savings;

“(II) project delivery time improvements;

“(III) traffic congestion impacts; and

“(IV) safety improvements for roadway users and construction workers.

“(D) Advanced digital construction management systems defined—In this paragraph, the term “advanced digital construction management systems” means commercially proven digital technologies and processes for the management of construction and engineering activities, including—

“(i) systems for infrastructure planning, coordination, construction, maintenance, modernization and management; and

“(ii) asset management systems for machines, site equipment, and personnel.”

“(b) Application

“(1) In general—To be eligible for a grant under this section, an applicant that is a State or group of States shall submit to the Secretary an application in such form and containing such information as the Secretary shall require, including—

“(A) for any applicant that has received a grant to carry out a program under this section, how such applicant will use the grant to build on any such program;

“(B) how the applicant will collect and analyze data on—

“(i) lowering the administrative cost to collect revenue;

“(ii) user experience with and acceptance of a user-based alternative revenue mechanism;

“(iii) impacts on rural and urban users;

“(iv) potential revenue generation; and

“(v) revenue collection compliance strategies; and

“(C) for any applicant that has not received a grant to carry out a program under this section, how the applicant—

“(i) will avoid redundancies with any other pilot programs for user-based alternative revenue mechanisms carried out by the applicant; and

“(ii) plans to use best practices from any such pilot programs in structuring the program for which such funds are provided.

“(2) Application guidance—Not later than 30 days after the date of enactment of the STARTER Act, the Secretary shall publish online guidance on submission of an application for the program.”

“(g) Federal share—Except as otherwise provided, the Federal share of the cost of an activity carried out under this section may not exceed—

“(1) 80 percent of the total cost of an activity that involves 2 or more States; and

“(2) 60 percent of the total cost of any activity not described in paragraph (1).”

“(j) Funding—Of the funds authorized to carry out section 503(b) of title 23, United States Code, the Secretary shall reserve such sums as may be necessary to carry out this section.

“(k) Planning grants

“(1) Planning, preparation, design—Of the funds authorized to carry out this section, the Secretary may award grants in amounts not to exceed 10 percent of such funds to entities for the planning, preparation, or design of projects eligible for funding under this section.

“(2) Eligible uses—An entity receiving funding under this subsection may use the funds for planning, preparation, or design of an implementable pilot project, as well as the examination of issues related to data and privacy, cybersecurity, and the financial analysis of urban and rural impacts of a project.

“(3) Maximum amount—A grant under this subsection shall not exceed $500,000.

“(4) Eligibility requirement—To be eligible to receive funds under this subsection, an applicant shall describe to the Secretary how the applicant—

“(A) will avoid redundancies with any other pilot programs for user-based alternative revenue mechanisms carried out by the applicant; and

“(B) plans to use best practices from any such pilot programs in structuring the program for which such funds are provided.”

“(m) Limitation on transfer—The Secretary shall notify in writing the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Environment and Public Works of the Senate of the intent to transfer funds under subsection (l). A transfer under such subsection may only be carried out if the Committees described in the previous sentence provide written authorization to the Secretary for such transfer not later than 30 days after receiving a notification pursuant to this subsection.”

“173. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) grant program

“(a) Definitions—In this section:

“(1) Emergency event—The term “emergency event” means a natural disaster or catastrophic failure or an imminent natural disaster or catastrophic failure resulting in—

“(A) an emergency declared by the Governor of the State in which the disaster or failure occurred or will occur; or

“(B) an emergency or disaster declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

“(2) Evacuation route—The term “evacuation route” means a transportation route or system that—

“(A) is owned, operated, or maintained by a Federal, State, Indian Tribe, or local government or a private entity;

“(B) is used—

“(i) to transport the public away from emergency events; or

“(ii) to transport emergency responders and recovery resources; and

“(C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B).

“(3) Program—The term “program” means the grant program established under subsection (b)(1).

“(4) Resilience improvement—The term “resilience improvement” means the use of materials or structural or nonstructural techniques, including natural infrastructure—

“(A) that allow a project—

“(i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; or

“(ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or

“(B) that—

“(i) reduce the cost, magnitude and duration of impacts of current and future weather events and natural disasters to a project; or

“(ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters.

“(b) Establishment

“(1) In general—The Secretary shall establish a grant program, to be known as the “Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation grant program” or the “PROTECT grant program”.

“(2) Purpose—The purpose of the program is to provide grants for resilience improvements through—

“(A) formula funding distributed to States;

“(B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan infrastructure improvements and emergency response strategies to address those vulnerabilities; and

“(C) competitive resilience improvement grants to protect—

“(i) infrastructure assets by making the assets more resilient to current and future weather events and natural disasters, including severe storms, flooding, tornados, drought, levee and dam failures, wildfire, landslides, sea level rise, extreme weather, including extreme temperature, and earthquakes;

“(ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that—

“(I) serve critical local, regional, and national needs, including evacuation routes; and

“(II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities;

“(iii) coastal infrastructure, such as a tide gate, that is at long-term risk to sea level rise; and

“(iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems.

“(c) Formula awards

“(1) Distribution of funds to states

“(A) In general—For each fiscal year, the Secretary shall distribute among the States the amounts made available to carry out this subsection for that fiscal year in accordance with subparagraph (B).

“(B) Distribution—The amount for each State shall be determined by multiplying the total amount made available to carry out this subsection for the applicable fiscal year by the ratio that—

“(i) the total base apportionment for the State under section 104(c); bears to

“(ii) the total base apportionments for all States under section 104(c).

“(2) Eligible activities

“(A) In general—Except as provided in subparagraph (B), a State shall use funds made available under paragraph (1) to carry out activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4).

“(B) Planning set-aside—Of the amounts made available to each State under paragraph (1) for each fiscal year, not less than 2 percent shall be for activities described in subsection (d)(3).

“(3) Requirements

“(A) Projects in certain areas—If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall—

“(i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and

“(ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.

“(B) Eligibilities—A State shall use funds made available under paragraph (1) for—

“(i) a highway project eligible for assistance under this title;

“(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or

“(iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49).

“(C) System resilience—A project carried out by a State with funds made available under this subsection may include, consistent with State hazard mitigation plans, the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement, such as—

“(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage;

“(ii) upgrades to and installation of culverts designed to withstand 100-year flood events;

“(iii) upgrades to and installation of tide gates to protect highways; and

“(iv) upgrades to and installation of flood gates to protect tunnel entrances.

“(D) Federal cost share

“(i) In general—Except as provided in subsection (f)(1), the Federal share of the cost of a project carried out using funds made available under paragraph (1) shall not exceed 80 percent of the total project cost.

“(ii) Non-federal share—A State may use Federal funds other than Federal funds made available under this subsection to meet the non-Federal cost share requirement for a project under this subsection.

“(E) Eligible project costs

“(i) In general—Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds made available under paragraph (1) may include the costs of—

“(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

“(II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements.

“(ii) Eligible planning costs—In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds made available under paragraph (1), eligible costs may include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3).

“(F) Limitations—In carrying out this subsection, a State—

“(i) may use not more than 25 percent of the amounts made available under this subsection for the construction of new capacity so long as such inclusion is cost-effective and is directly related to the underlying project; and

“(ii) may use not more than 10 percent of the amounts made available under this subsection for activities described in subparagraph (E)(i)(I).

“(d) Competitive awards

“(1) In general—In addition to funds distributed to States under subsection (c)(1), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph (2).

“(2) Eligible entities—The Secretary may make a grant under this subsection to any of the following:

“(A) A State or political subdivision of a State.

“(B) A metropolitan planning organization.

“(C) A unit of local government.

“(D) A special purpose district or public authority with a transportation function, including a port authority.

“(E) An Indian tribe (as defined in section 207(m)(1)).

“(F) A Federal land management agency that applies jointly with a State or group of States.

“(G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F).

“(3) Planning grants—Using funds made available for purposes under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of—

“(A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (f)(2);

“(B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments;

“(C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the infrastructure assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or

“(D) evacuation planning and preparation.

“(4) Resilience grants

“(A) Resilience improvement grants

“(i) In general—Using funds made available for purposes under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii).

“(ii) Eligible activities

“(I) In general—An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to enable an existing surface transportation infrastructure asset to withstand or reduce the costs and impact of 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the costs and impacts of changing conditions, such as sea level rise, flooding, extreme weather events, and other natural disasters.

“(II) Inclusions—An activity eligible to be carried out under this subparagraph includes—

“(aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title;

“(bb) the incorporation of natural infrastructure;

“(cc) the upgrade of an existing surface transportation facility to meet or exceed Federal Highway Administration approved design standards;

“(dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems;

“(ee) strengthening systems that remove rainwater from surface transportation facilities;

“(ff) a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable;

“(gg) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas;

“(hh) stabilizing slide areas or slopes;

“(ii) installing riprap;

“(jj) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather;

“(kk) deepening channels to prevent flooding;

“(ll) increasing the size or number of drainage structures;

“(mm) installing seismic retrofits on bridges;

“(nn) adding scour protection at bridges;

“(oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; and

“(pp) any other protective features, including natural infrastructure, as determined by the Secretary.

“(iii) Priority—The Secretary shall prioritize a resilience improvement grant to an eligible entity if—

“(I) the Secretary determines—

“(aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and

“(bb) there is a need to address the vulnerabilities of infrastructure assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise and increased flood risk; or

“(II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (f)(2).

“(B) Community resilience and evacuation route grants

“(i) In general—Using funds made available for purposes under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii).

“(ii) Eligible activities—An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that—

“(I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route;

“(II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides;

“(III) if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of—

“(aa) communications and intelligent transportation system equipment and infrastructure;

“(bb) counterflow measures; or

“(cc) shoulders;

“(IV) is for the construction of—

“(aa) new or redundant evacuation routes, if the Secretary determines that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources; or

“(bb) sheltering facilities that are functionally connected to an eligible project;

“(V) is for the acquisition of evacuation route or traffic incident management equipment, vehicles, or signage; or

“(VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities.

“(iii) Priority—The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account—

“(I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and

“(II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis.

“(iv) Consultation—In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency, who shall provide technical assistance to the Secretary and to eligible entities.

“(C) At-risk coastal infrastructure grants

“(i) Definition of coastal state—In this subparagraph, the term “coastal State” means—

“(I) a State in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes;

“(II) the United States Virgin Islands;

“(III) Guam;

“(IV) American Samoa;

“(V) the Commonwealth of the Northern Mariana Islands; and

“(VI) Puerto Rico.

“(ii) Grants—Using funds made available for purposes under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities in coastal States to carry out 1 or more eligible activities under clause (iii).

“(iii) Eligible activities—An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs.

“(iv) Criteria—The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project—

“(I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise; and

“(II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs.

“(v) Coastal benefits—In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide—

“(I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or

“(II) access to a designated evacuation route.

“(5) Grant requirements

“(A) Solicitations for grants—In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4).

“(B) Applications

“(i) In general—To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary.

“(ii) Projects in certain areas—If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall—

“(I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and

“(II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area.

“(C) Eligibilities—The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for—

“(i) a highway project eligible for assistance under this title;

“(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or

“(iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49).

“(D) System resilience—A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as—

“(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage;

“(ii) upgrades to and installation of culverts designed to withstand 100-year flood events;

“(iii) upgrades to and installation of tide gates to protect highways; and

“(iv) upgrades to and installation of flood gates to protect tunnel entrances.

“(E) Federal cost share

“(i) Planning grant—The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent.

“(ii) Resilience grants

“(I) In general—Except as provided in subclause (II) and subsection (f)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost.

“(II) Tribal projects—On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent.

“(iii) Non-federal share—The eligible entity may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection.

“(F) Eligible project costs

“(i) Resilience grant projects—Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of—

“(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

“(II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements.

“(ii) Planning grants—Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph.

“(G) Limitations—An eligible entity that receives a grant under subparagraph (A), (B), or (C) of paragraph (4)—

“(i) may use not more than 25 percent of the amount of the grant for the construction of new capacity so long as such inclusion is cost-effective and is directly related to the underlying project; and

“(ii) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I).

“(H) Distribution of grants

“(i) In general—Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary.

“(ii) Rural set-aside—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000.

“(iii) Tribal set-aside—Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)).

“(iv) Reallocation—For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection.

“(e) Consultation—In carrying out the program, the Secretary shall—

“(1) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and

“(2) solicit technical support from the Administrator of the Federal Emergency Management Agency.

“(f) Resilience improvement plan and lower non-Federal share

“(1) Federal share reductions

“(A) In general—A State that receives funds under subsection (c) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subparagraph.

“(B) Amount of reductions

“(i) Resilience improvement plan—Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 7 percentage points if—

“(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has—

“(aa) developed a resilience improvement plan in accordance with this subsection; and

“(bb) prioritized the project on that resilience improvement plan; and

“(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that has—

“(aa) developed a resilience improvement plan in accordance with this subsection; and

“(bb) prioritized the project on that resilience improvement plan.

“(ii) Incorporation of resilience improvement plan in other planning—Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if—

“(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and

“(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable.

“(iii) Limitations

“(I) Maximum reduction—A State or eligible entity may not receive a reduction under this paragraph of more than 10 percentage points for any single project carried out with funds under subsection (c) or a grant under subsection (d).

“(II) No negative non-federal share—A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero.

“(2) Plan contents—A resilience improvement plan referred to in paragraph (1)—

“(A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience;

“(B) shall demonstrate a systemic approach to transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165);

“(C) shall—

“(i) include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future extreme weather events and natural disasters, including severe storms, flooding, tornados, drought, levee and dam failures, wildfire, landslides, sea level rise, extreme weather events, including extreme temperatures, and earthquakes;

“(ii) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles;

“(iii) plan for response to anticipated emergencies, including plans for the mobility of—

“(I) emergency response personnel and equipment; and

“(II) access to emergency services, including for vulnerable or disadvantaged populations;

“(iv) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or metropolitan planning organization with the goal of increasing resilience;

“(v) include an investment plan that—

“(I) includes a list of priority projects; and

“(II) describes how funds provided by a grant under the program would be invested and matched, which shall not be subject to fiscal constraint requirements; and

“(vi) use science and data and indicate the source of data and methodologies; and

“(D) shall, as appropriate—

“(i) include a description of how the plan will improve the ability of the State or metropolitan planning organization—

“(I) to respond promptly to the impacts of weather events and natural disasters; and

“(II) to be prepared for changing conditions, such as sea level rise and increased flood risk;

“(ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan;

“(iii) consider the benefits of combining hard infrastructure assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States;

“(iv) assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure;

“(v) use a long-term planning period; and

“(vi) include such other information as the eligible entity considers appropriate.

“(3) No new planning requirements—Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State.

“(g) Monitoring

“(1) In general—Not later than 18 months after the date of enactment of this section, the Secretary, in consultation with the officials described in subsection (e), shall—

“(A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out under the program—

“(i) subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and

“(ii) procedures for monitoring and evaluating projects based on those metrics; and

“(B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A).

“(2) Notice—Before adopting any metrics described in paragraph (1), the Secretary shall—

“(A) publish the proposed metrics in the Federal Register; and

“(B) provide to the public an opportunity for comment on the proposed metrics.

“(h) Reports

“(1) Reports from eligible entities—Not later than 1 year after the date on which a project carried out under the program is completed, the entity that carried out the project shall submit to the Secretary a report on the results of the project and the use of the funds received under the program.

“(2) Reports to congress

“(A) Annual reports—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including—

“(i) each project for which a grant was provided under the program;

“(ii) information relating to project applications received;

“(iii) the manner in which the consultation requirements were implemented under this section;

“(iv) recommendations to improve the administration of the program, including whether assistance from additional or fewer agencies to carry out the program is appropriate;

“(v) the period required to disburse grant funds to recipients based on applicable Federal coordination requirements; and

“(vi) a list of facilities that repeatedly require repair or reconstruction due to emergency events.

“(B) Final report—Not later than 5 years after the date of enactment of the Surface Transportation Advanced through Reform, Technology, & Efficient Review Act, the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A). The Secretary shall use not more than 5 percent of the amounts made available to carry out the program for each fiscal year for the costs of administering the program, including monitoring and evaluation under subsection (g).

“(C) Consultation—In developing guidance and regulations, and in providing grants under this section, the Secretary shall consult with the Administrator of the Federal Emergency Management Agency, who shall provide technical assistance to the Secretary and to eligible entities.”

“(k) Protective features

“(1) In general—A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge off the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage, or the cost of future repairs, from extreme weather events, flooding, or other natural disasters.

“(2) Protective features described—A protective feature referred to in paragraph (1) may include—

“(A) raising roadway grades;

“(B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas;

“(C) stabilizing slide areas;

“(D) stabilizing slopes;

“(E) installing riprap;

“(F) lengthening or raising bridges to increase waterway openings;

“(G) deepening channels to prevent flooding;

“(H) increasing the size or number of drainage structures;

“(I) replacing culverts with bridges or upsizing culverts;

“(J) repairing or maintaining tide gates;

“(K) installing seismic retrofits on bridges;

“(L) adding scour protection at bridges;

“(M) adding scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes;

“(N) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters; and

“(O) any other features that mitigate the risk of recurring damage or the cost of future repair as a result of extreme weather events, flooding, or other natural disasters, as determined by the Secretary.

“(3) Savings provision—Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).”

“(3) mitigation projects and activities that the Secretary determines are cost-effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, or loss, related to equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency.”

“(35) Resilience—Unless otherwise specified, the term “resilience”, with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or mitigate against, withstand, respond to, or recover rapidly from disruptions, including the ability—

“(A) to resist hazards, mitigate against, reduce costs associated with or withstand impacts from weather events and natural disasters; or

“(B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.”

“(D) to consider the ability to anticipate, prepare for, or adapt to conditions or withstand, increase resiliency to, reduce costs related to, respond to, or recover rapidly from disruptions resulting from extreme weather events and natural disasters.”

“(i) Improving the mobility of people and goods.

“(ii) Reducing congestion.

“(iii) Promoting safety.

“(iv) Improving the durability and extending the life of transportation infrastructure and the existing transportation system.

“(v) Improving the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions resulting from extreme weather events and natural disasters.”

“(h) Pre-Disaster hazard mitigation pilot program

“(1) In general—The Secretary shall establish a pre-disaster mitigation program for the purpose of mitigating future hazards posed to Federal-aid highways.

“(2) Distribution of funds—Every 6 months, the Secretary shall total the amount of funds made available to each State, territory, Tribal, or other eligible entity under the emergency relief program during the preceding 6 months and remit an additional 5 percent from the Highway Trust Fund to those entities for eligible activities described in paragraph (3).

“(3) Eligible activities—Funds made available under subsection (h)(2) shall be used for mitigation projects and activities that the Secretary determines are cost-effective and that substantially reduce the risk of, or increase resilience to, future damage as a result of natural disasters, such as by flood, hurricane, tidal wave, earthquake, severe storm, or landslide by upgrading existing assets to meet or exceed design standards adopted by the Federal Highway Administration by means of the following:

“(A) Relocating or elevating roadways.

“(B) Increasing the size or number of drainage structures, including culverts.

“(C) Installing mitigation measures to prevent the impairment of transportation assets as a result of the intrusion of floodwaters.

“(D) Improving bridges to expand water capacity and prevent flooding.

“(E) Deepening channels to prevent asset inundation and improve drainage.

“(F) Improving strength of natural features adjacent to highway rights-of-way to promote additional flood storage.

“(G) Installing or upgrading tide gates and flood gates.

“(H) Stabilizing slide areas or slopes.

“(I) Installing seismic retrofits for bridges.

“(J) Adding scour protection at bridges.

“(K) Adding scour, stream stability, coastal, or other hydraulic countermeasures, including riprap.

“(L) Installing intelligent transportation system equipment to monitor infrastructure quality.

“(M) Any other protective features as determined by the Secretary.

“(4) Report—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate an annual report detailing—

“(A) a description of the activities carried out under the pilot program;

“(B) an evaluation of the effectiveness of the pilot program in meeting purposes described in paragraph (1); and

“(C) policy recommendations to improve the effectiveness of the pilot program.”