H.R. 3684 — what changed

“(h) Waiver procedure

“(1) In general—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under paragraph (1) or (2) of subsection (b) as to whether subsection (a) shall apply.

“(2) Public notification and comment

“(A) In general—Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.

“(B) Notification requirements—The notification required under subparagraph (A) shall—

“(i) describe whether the application is being made for a determination described in subsection (b)(1); and

“(ii) be provided to the public by electronic means, including on the public website of the Department of Transportation.

“(3) Determination—Before a determination described in paragraph (1) takes effect, the Secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph (2)—

“(A) on the public website of the Department of Transportation; and

“(B) if the Secretary issues a waiver with respect to such determination, in the Federal Register.

“(i) Review of nationwide waivers

“(1) In general—Not later than 1 year after the date of enactment of this subsection, and at least every 5 years thereafter, the Secretary shall review any standing nationwide waiver issued by the Secretary under this section to ensure such waiver remains justified.

“(2) Public notification and opportunity for comment

“(A) In general—Not later than 30 days before the completion of a review under paragraph (1), the Secretary shall provide notification and an opportunity for public comment on such review.

“(B) Means of notification—Notification provided under this subparagraph shall be provided by electronic means, including on the public website of the Department of Transportation.

“(3) Detailed justification in Federal Register—After the completion of a review under paragraph (1), the Secretary shall publish in the Federal Register a detailed justification for the determination made under paragraph (1) that addresses all public comments received under paragraph (2).

“(4) Consideration—In conducting the review under paragraph (1), the Secretary shall consider the research on supply chains carried out under section 1112(c) of the INVEST in America Act.

“(j) Report—Not later than 120 days after the last day of each fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Appropriations of the Senate a report on the waivers provided under subsection (h) during the previous fiscal year and the justifications for such waivers.

added “(k) Construction materials defined—In this section, the term construction materials means primary materials, except for iron and steel, that are commonly used in highway construction, as determined by the Secretary.”

removed “(k) Construction materials defined—In this section, the term construction materials means primary materials that are commonly used in highway construction, as determined by the Secretary.”

changed “(a) In general—The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors and or subcontractors on construction work performed on projects financed or otherwise assisted in whole or in part by a loan, loan guarantee, grant, credit enhancement, or any other form of Federal assistance administered by the Secretary or the Department, including programs to capitalize revolving loan funds and subsequent financing cycles under such funds, shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267) and section 3145 of title 40.”

“(16) Protective features (including natural infrastructure and vegetation control and clearance) to enhance the resilience of a transportation facility otherwise eligible for assistance under this section.

“(17) Projects to reduce greenhouse gas emissions eligible under section 171, including the installation of electric vehicle charging infrastructure.

“(18) Projects and strategies to reduce vehicle-caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this section.

“(19) A surface transportation project carried out in accordance with the national travel and tourism infrastructure strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 301 note).

“(20) roads in rural areas that primarily serve to transport agricultural products from a farm or ranch to a marketplace.

“(21) The removal, retrofit, repurposing, remediation, or replacement of a highway or other transportation facility that creates a barrier to community connectivity to improve access for multiple modes of transportation.”

“(3) for a project described in—

“(A) subsection (h); or

“(B) section 101(a)(29), as in effect on the day before the date of enactment of the FAST Act;”

“(4) for a project described in section 5308 of title 49; and”

“(ii) in urbanized areas of the State with an urbanized area population greater than 49,999 and less than 200,001;

“(iii) in urban areas of the State with a population greater than 4,999 and less than 50,000; and

“(iv) in other areas of the State with a population less than 5,000; and”

“(3) Local coordination and consultation

“(A) Coordination with metropolitan planning organizations—For purposes of paragraph (1)(A)(ii), a State shall—

“(i) establish a process to coordinate with all metropolitan planning organizations in the State that represent an urbanized area described in such paragraph; and

“(ii) describe how funds described under paragraph (1)(A)(ii) will be allocated equitably among such urbanized areas during the period of fiscal years 2023 through 2026.

“(B) Joint responsibility—Each State and the Secretary shall jointly ensure compliance with subparagraph (A).

“(C) Consultation with regional transportation planning organizations—For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.”

“(6) Technical assistance

“(A) In general—The State and all metropolitan planning organizations in the State that represent an urbanized area with a population of greater than 200,000 may jointly establish a program to improve the ability of applicants to deliver projects under this subsection in an efficient and expeditious manner and reduce the period of time between the selection of the project and the obligation of funds for the project by providing—

“(i) technical assistance and training to applicants for projects under this subsection; and

“(ii) funding for one or more full-time State, regional, or local government employee positions to administer this subsection.

“(B) Eligible funds—To carry out this paragraph, a State or metropolitan planning organization may use funds made available under paragraphs (2) or (6) of section 104(b)

“(C) Use of funds—Amounts used under this paragraph may be expended—

“(i) directly by the State or metropolitan planning organization; or

“(ii) through contracts with State agencies, private entities, or nonprofit organizations.”

“(3) Annual amounts—To the extent practicable, each State shall annually notify each affected metropolitan planning organization as to the amount of obligation authority that will be made available under paragraph (1) to each affected metropolitan planning organization for the fiscal year.”

“(f) Bridges not on Federal-Aid highways

“(1) Definition of off-system bridge—In this subsection, the term off-system bridge means a bridge located on a public road, other than a bridge on a Federal-aid highway.

“(2) Special rule

“(A) Set aside—Of the amounts apportioned to a State for each fiscal year under this section other than the amounts described in subparagraph (C), the State shall obligate for activities described in subsection (b)(2) (as in effect on the day before the date of enactment of the FAST Act) for off-system bridges an amount that is not less than 20 percent of the amounts available to such State under this section in fiscal year 2020, not including the amounts described in subparagraph (C).

“(B) Reduction of expenditures—The Secretary, after consultation with State and local officials, may reduce the requirement for expenditures for off-system bridges under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.

“(C) Limitations—The following amounts shall not be used for the purposes of meeting the requirements of subparagraph (A):

“(i) Amounts described in section 133(d)(1)(A).

“(ii) Amounts set aside under section 133(h).

“(iii) Amounts described in section 505(a).

“(3) Credit for bridges not on Federal-aid highways—Notwithstanding any other provision of law, with respect to any project not on a Federal-aid highway for the replacement of a bridge or rehabilitation of a bridge that is wholly funded from State and local sources, is eligible for Federal funds under this section, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge—

“(A) any amount expended after the date of enactment of this subsection from State and local sources for the project in excess of 20 percent of the cost of construction of the project may be credited to the non-Federal share of the cost of other bridge projects in the State that are eligible for Federal funds under this section; and

“(B) that crediting shall be conducted in accordance with procedures established by the Secretary.”

“155. Electric vehicle charging stations

“(a) In general—Any electric vehicle charging infrastructure funded under this title shall be subject to the requirements of this section.

“(b) Interoperability—An electric vehicle charging station funded under this title shall—

“(1) provide a charging connector type or means to transmit electricity to vehicles that meets applicable industry accepted practices and safety standards; and

“(2) have the ability to serve vehicles produced by more than one vehicle manufacturer.

“(c) Open access to payment—Electric vehicle charging stations shall provide payment methods available to all members of the public to ensure secure, convenient, and equal access and shall not be limited by membership to a particular payment provider.

“(d) Network capability—An electric vehicle charging station funded under this title shall be capable of being remotely monitored.

changed “(e) Standards and guidance—Not Guidance—Not less than 180 days after enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall, as appropriate, develop standards and publish guidance for public comment applicable to any electric vehicle charging station funded in whole or in part under this title related to—

“(1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure;

changed “(2) the physical, software, physical and payment interoperability of electric vehicle charging infrastructure;

“(3) any traffic control device or on-premises sign acquired, installed, or operated related to an electric vehicle charging station funded under this title; and

changed “(4) network connectivity of electric vehicle charging, including measures to protect personal privacy and ensure cybersecurity.”cybersecurity.

added “(f) Wage requirements—Section 113 shall apply to any project for electric vehicle charging infrastructure funded under this title.”

“(f) Interstate system rights-of-Way

“(1) In general—Notwithstanding subsection (a) or (b), the Secretary shall permit, consistent with section 155, the charging of electric vehicles on rights-of-way of the Interstate System, including in—

“(A) a rest area; or

“(B) a fringe or corridor parking facility, including a park and ride facility.

“(2) Savings clause—Nothing in this subsection shall permit commercial activities on rights-of-way of the Interstate System, except as necessary for the charging of electric vehicles in accordance with this subsection.”

Section 206 of title 23, United States Code, is amended—

“(A) a motorized wheelchair; and

“(B) in any case in which applicable laws and regulations permit use, an electric bicycle, as defined in section 217(j).”

“(F) electric bicycling.”

changed “(j) Special rule—Section 113 shall not apply to projects under this section.”section.

added “(k) Use of other apportioned funds—Funds apportioned to a State under section 104(b) that are obligated for recreational trails and related projects shall be administered as if such funds were made available for purposes described under this section.”

“(1) General rule—No funds made available out of the Highway Trust Fund may be used to construct a Type II noise barrier (as defined by section 772.5(I) of title 23, Code of Federal Regulations) pursuant to subsections (h) and (I) of section 109 of title 23, United States Code, unless—

“(A) such a barrier is part of a project approved by the Secretary before November 28, 1995; or

“(B) such a barrier separates a highway or other noise corridor from a group of structures of which the majority of those closest to the highway or noise corridor—

“(i) are residential in nature; and

“(ii) either—

“(I) were constructed before the construction or most recent widening of the highway or noise corridor; or

“(II) are at least 10 years old.”

changed “(20) “(22) Planning, design, or construction of a Type II noise barrier (as described in section 772.5 of title 23, Code of Federal Regulations).”

“212. Use of youth service and conservation corps

“(a) In general—The Secretary may allow and shall encourage project sponsors to enter into contracts and cooperative agreements with qualified youth service or conservation corps, as described in sections 122(a)(2) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of the National and Community Service Trust Act of 1993 (42 U.S.C. 12656(c)(3)) to perform appropriate projects eligible under sections 133(h), 162, 206, and 211.

“(b) Requirements—Under any contract or cooperative agreement entered into with a qualified youth service or conservation corps under this section, the Secretary shall—

“(1) set the amount of a living allowance or rate of pay for each participant in such corps at—

“(A) such amount or rate as required under State law in a State with such requirements; or

“(B) for corps in States not described in subparagraph (A), at such amount or rate as determined by the Secretary, not to exceed the maximum living allowance authorized by section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594); and

changed “(2) not subject such corps to the requirements of section 112 or 113.”112.”

“117. Projects of national and regional significance

“(a) Establishment—The Secretary shall establish a projects of national and regional significance program under which the Secretary may make grants to, and establish multiyear grant agreements with, eligible entities in accordance with this section.

“(b) Applications—To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require.

“(c) Grant amounts and project costs

“(1) In general—Each grant made under this section—

“(A) shall be in an amount that is at least $25,000,000; and

“(B) shall be for a project that has eligible project costs that are reasonably anticipated to equal or exceed the lesser of—

“(i) $100,000,000; or

“(ii) in the case of a project—

“(I) located in 1 State or territory, 30 percent of the amount apportioned under this chapter to the State or territory in the most recently completed fiscal year; or

“(II) located in more than 1 State or territory, 50 percent of the amount apportioned under this chapter to the participating State or territory with the largest apportionment under this chapter in the most recently completed fiscal year.

“(2) Large projects—For a project that has eligible project costs that are reasonably anticipated to equal or exceed $500,000,000, a grant made under this section—

“(A) shall be in an amount sufficient to fully fund the project, or in the case of a public transportation project, a minimum operable segment, in combination with other funding sources, including non-Federal financial commitment, identified in the application; and

“(B) may be awarded pursuant to the process under subsection (d), as necessary based on the amount of the grant.

“(d) Multiyear grant agreements for large projects

“(1) In general—A large project that receives a grant under this section may be carried out through a multiyear grant agreement in accordance with this subsection.

“(2) Requirements—A multiyear grant agreement for a large project shall—

“(A) establish the terms of participation by the Federal Government in the project;

“(B) establish the amount of Federal financial assistance for the project;

“(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; and

“(D) determine the period of time for completing the project, even if such period extends beyond the period of an authorization.

“(3) Special rules

“(A) In general—A multiyear grant agreement under this subsection—

“(i) shall obligate an amount of available budget authority specified in law; and

“(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.

“(B) Contingent commitment—A contingent commitment under this subsection is not an obligation of the Federal Government under section 1501 of title 31.

“(C) Interest and other financing costs

“(i) In general—Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing.

“(ii) Certification—The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

“(4) Advance payment—An eligible entity carrying out a large project under a multiyear grant agreement—

“(A) may use funds made available to the eligible entity under this title or title 49 for eligible project costs of the large project; and

“(B) shall be reimbursed, at the option of the eligible entity, for such expenditures from the amount made available under the multiyear grant agreement for the project in that fiscal year or a subsequent fiscal year.

“(e) Eligible projects

“(1) In general—The Secretary may make a grant under this section only for a project that is a project eligible for assistance under this title or chapter 53 of title 49 and is—

“(A) a bridge project carried out on the National Highway System, or that is eligible to be carried out under section 165;

“(B) a project to improve person throughput that is—

“(i) a highway project carried out on the National Highway System, or that is eligible to be carried out under section 165;

“(ii) a public transportation project; or

“(iii) a capital project, as such term is defined in section 22906 of title 49, to improve intercity rail passenger transportation; or

“(C) a project to improve freight throughput that is—

“(i) a highway freight project carried out on the National Highway Freight Network established under section 167 or on the National Highway System;

“(ii) a freight intermodal, freight rail, or railway-highway grade crossing or grade separation project; or

“(iii) within the boundaries of a public or private freight rail, water (including ports), or intermodal facility and that is a surface transportation infrastructure project necessary to facilitate direct intermodal interchange, transfer, or access into or out of the facility.

“(2) Limitation

“(A) Certain freight projects—Projects described in clauses (ii) and (iii) of paragraph (1)(C) may receive a grant under this section only if—

“(i) the project will make a significant improvement to the movement of freight on the National Highway System; and

“(ii) the Federal share of the project funds only elements of the project that provide public benefits.

“(B) Certain projects for person throughput—Projects described in clauses (ii) and (iii) of paragraph (1)(B) may receive a grant under this section only if the project will make a significant improvement in mobility on public roads.

“(f) Eligible project costs—An eligible entity receiving a grant under this section may use such grant for—

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

“(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 improvements directly related to improving system performance.

“(g) Project requirements—The Secretary may select a project described under this section for funding under this section only if the Secretary determines that the project—

“(1) generates significant regional or national economic, mobility, safety, resilience, or environmental benefits;

“(2) is cost effective;

“(3) is based on the results of preliminary engineering;

“(4) has secured or will secure acceptable levels of non-Federal financial commitments, including—

“(A) one or more stable and dependable sources of funding and financing to construct, maintain, and operate the project; and

“(B) contingency amounts to cover unanticipated cost increases;

“(5) cannot be easily and efficiently completed without additional Federal funding or financial assistance available to the project sponsor, beyond existing Federal apportionments; and

“(6) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project.

“(h) Merit criteria and considerations

“(1) Merit criteria—In awarding a grant under this section, the Secretary shall evaluate the following merit criteria:

“(A) The extent to which the project supports achieving a state of good repair.

“(B) The level of benefits the project is expected to generate, including—

“(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project;

“(ii) reductions in maintenance costs over the life of the asset;

“(iii) safety benefits, including the reduction of accidents and related costs;

“(iv) improved person or freight throughput, including congestion reduction and reliability improvements;

“(v) national and regional economic benefits;

“(vi) resilience benefits, including the ability to withstand disruptions from a seismic event;

“(vii) environmental benefits, including reduction in greenhouse gas emissions and air quality benefits; and

“(viii) benefits to all users of the project, including pedestrian, bicycle, nonvehicular, railroad, and public transportation users.

“(C) How the benefits compare to the costs of the project.

“(D) The average number of people or volume of freight, as applicable, supported by the project, including visitors based on travel and tourism.

“(2) Additional considerations—In awarding a grant under this section, the Secretary shall consider the following:

“(A) Whether the project spans at least 1 border between 2 States.

“(B) Whether the project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents.

“(C) Whether the project uses innovative technologies, innovative design and construction techniques, or pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes and, if so, the degree to which such technologies, techniques, or materials are used.

“(D) Whether the project improves connectivity between modes of transportation moving people or goods in the Nation or region.

“(E) Whether the project provides new or improved connections between at least two metropolitan areas with a population of at least 500,000.

changed “(F) Whether the project would replace, reconstruct, or rehabilitate a commuter corridor (including a high-commuter corridor (as such term is defined in section 203(a)(6)) 203(a)(6))) that is in poor condition.

added “(G) Whether the project would improve the shared transportation corridor of a multistate corridor.

“(i) Project selection

“(1) Evaluation—To evaluate applications for funding under this section, the Secretary shall—

“(A) determine whether a project is eligible for a grant under this section;

“(B) evaluate, through a methodology that is discernible and transparent to the public, how each application addresses the merit criteria pursuant to subsection (h);

“(C) assign a quality rating for each merit criteria for each application based on the evaluation in subparagraph (B);

“(D) ensure that applications receive final consideration by the Secretary to receive an award under this section only on the basis of such quality ratings and that the Secretary gives final consideration only to applications that meet the minimally acceptable level for each of the merit criteria; and

“(E) award grants only to projects rated highly under the evaluation and rating process.

“(2) Considerations for large projects—In awarding a grant for a large project, the Secretary shall—

“(A) consider the amount of funds available in future fiscal years for the program under this section; and

“(B) assume the availability of funds in future fiscal years for the program that extend beyond the period of authorization based on the amount made available for the program in the last fiscal year of the period of authorization.

“(3) Geographic distribution—In awarding grants under this section, the Secretary shall ensure geographic diversity and a balance between rural and urban communities among grant recipients over fiscal years 2023 through 2026.

“(4) Publication of methodology

“(A) In general—Prior to the issuance of any notice of funding opportunity for grants under this section, the Secretary shall publish and make publicly available on the Department’s website—

“(i) a detailed explanation of the merit criteria developed under subsection (h);

“(ii) a description of the evaluation process under this subsection; and

“(iii) how the Secretary shall determine whether a project satisfies each of the requirements under subsection (g).

“(B) Updates—The Secretary shall update and make publicly available on the website of the Department of Transportation such information at any time a revision to the information described in subparagraph (A) is made.

“(C) Information required—The Secretary shall include in the published notice of funding opportunity for a grant under this section detailed information on the rating methodology and merit criteria to be used to evaluate applications, or a reference to the information on the website of the Department of Transportation, as required by subparagraph (A).

“(j) Federal share

“(1) In general—The Federal share of the cost of a project carried out with a grant under this section may not exceed 60 percent.

“(2) Maximum Federal involvement—Federal assistance other than a grant under this section may be used to satisfy the non-Federal share of the cost of a project for which such a grant is made, except that the total Federal assistance provided for a project receiving a grant under this section may not exceed 80 percent of the total project cost.

“(k) Bridge investments—Of the amounts made available to carry out this section, the Secretary shall reserve not less than $1,000,000,000 in each fiscal year to make grants for projects described in subsection (e)(1)(A).

“(l) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

“(i) determine the predominant modal component of the project; and

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy America requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(m) TIFIA program—At the request of an eligible entity under this section, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide the entity Federal credit assistance under chapter 6 with respect to the project for which the grant was awarded.

added “(n) Administration—Of the amounts made available to carry out this section, the Secretary may use up to $5,000,000 in each fiscal year for the costs of administering the program under this section.

removed “(n) Administration—Of the amounts made available to carry out this section, the Secretary may use up to $5,000,000 for the costs of administering the program under this section.

“(o) Technical assistance—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 to provide technical assistance to eligible entities.

“(p) Congressional Review

“(1) Notification—Not less than 60 days before making an award under this section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate—

“(A) a list of all applications determined to be eligible for a grant by the Secretary;

“(B) the quality ratings assigned to each application pursuant to subsection (i);

“(C) a list of applications that received final consideration by the Secretary to receive an award under this section;

“(D) each application proposed to be selected for a grant award;

“(E) proposed grant amounts, including for each new multiyear grant agreement, the proposed payout schedule for the project; and

“(F) an analysis of the impacts of any large projects proposed to be selected on existing commitments and anticipated funding levels for the next 4 fiscal years, based on information available to the Secretary at the time of the report.

“(2) Committee review—Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the Secretary’s list of proposed projects.

“(3) Congressional disapproval—The Secretary may not make a grant or any other obligation or commitment to fund a project under this section if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1).

“(q) Transparency

“(1) In general—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

“(2) Briefing—The Secretary shall provide, at the request of a grant applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(r) Definition of eligible entity—In this section, the term eligible entity means—

“(1) a State or a group of States;

“(2) a unit of local government, including a metropolitan planning organization, or a group of local governments;

“(3) a political subdivision of a State or local government;

“(4) a special purpose district or public authority with a transportation function, including a port authority;

“(5) an Indian Tribe or Tribal organization;

“(6) a Federal agency eligible to receive funds under section 201, 203, or 204, including the Army Corps of Engineers, Bureau of Reclamation, and the Bureau of Land Management, that applies jointly with a State or group of States;

“(7) a territory; and

“(8) a multistate or multijurisdictional group of entities described in this paragraph.”

“173. Community transportation investment grant program

“(a) Establishment—The Secretary shall establish a community transportation investment grant program to improve surface transportation safety, state of good repair, accessibility, and environmental quality through infrastructure investments.

“(b) Grant authority

“(1) In general—In carrying out the program established under subsection (a), the Secretary shall make grants, on a competitive basis, to eligible entities in accordance with this section.

“(2) Grant amount—The maximum amount of a grant under this section shall be $25,000,000.

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

“(d) Eligible project costs—Grant amounts for an eligible project carried out under this section may be used for—

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

“(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to such land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.

“(e) Rural and community setasides

“(1) In general—The Secretary shall reserve—

“(A) not less than 25 percent of the amounts made available to carry out this section for projects located in rural areas; and

changed “(B) not less than 25 percent of the amounts made available to carry out this section for projects located in urbanized areas with a population greater than 49,999 74,999 individuals and fewer than 200,001 individuals.

changed “(2) Definition of rural area—In this subsection, the term rural area means all areas of a State or territory not included in that are outside of an urbanized areas.area with a population greater than 74,999 individuals, as determined by the Bureau of the Census.

“(3) Excess funding—If the Secretary determines that there are insufficient qualified applicants to use the funds set aside under this subsection, the Secretary may use such funds for grants for any projects eligible under this section.

“(f) Evaluation—To evaluate applications under this section, the Secretary shall—

“(1) develop a process to objectively evaluate applications on the benefits of the project proposed in such application—

“(A) to transportation safety, including reductions in traffic fatalities and serious injuries;

“(B) to state of good repair, including improved condition of bridges and pavements;

“(C) to transportation system access, including improved access to jobs and services; and

“(D) in reducing greenhouse gas emissions;

“(2) develop a rating system to assign a numeric value to each application, based on each of the criteria described in paragraph (1);

“(3) for each application submitted, compare the total benefits of the proposed project, as determined by the rating system developed under paragraph (2), with the costs of such project, and rank each application based on the results of the comparison; and

“(4) ensure that only such applications that are ranked highly based on the results of the comparison conducted under paragraph (3) are considered to receive a grant under this section.

“(g) Weighting—In establishing the evaluation process under subsection (f), the Secretary may assign different weights to the criteria described in subsection (f)(1) based on project type, population served by a project, and other context-sensitive considerations, provided that—

“(1) each application is rated on all criteria described in subsection (f)(1); and

“(2) each application has the same possible minimum and maximum rating, regardless of any differences in the weighting of criteria.

“(h) Transparency

“(1) Publicly available information—Prior to the issuance of any notice of funding opportunity under this section, the Secretary shall make publicly available on the website of the Department of Transportation a detailed explanation of the evaluation and rating process developed under subsection (f), including any differences in the weighting of criteria pursuant to subsection (g), if applicable, and update such website for each revision of the evaluation and rating process.

“(2) Notifications to Congress—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Commerce, Science, and Transportation of the Senate the following written notifications:

“(A) A notification when the Secretary publishes or updates the information required under paragraph (1).

“(B) Not later than 30 days prior to the date on which the Secretary awards a grant under this section, a notification that includes—

“(i) the ratings of each application submitted pursuant to subsection (f)(2);

“(ii) the ranking of each application submitted pursuant to subsection (f)(3); and

“(iii) a list of all applications that receive final consideration by the Secretary to receive an award under this section pursuant to subsection (f)(4).

“(C) Not later than 3 business days prior to the date on which the Secretary announces the award of a grant under this section, a notification describing each grant to be awarded, including the amount and the recipient.

changed “(i) Technical assistance—Of the amounts made available to carry out this section, the Secretary may reserve up to $3,000,000 in each fiscal year to provide technical assistance to eligible entities.

“(j) Administration—Of the amounts made available to carry out this section, the Secretary may reserve up to $5,000,000 for the administrative costs of carrying out the program under this section.

“(k) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

“(i) determine the predominant modal component of the project; and

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy America requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(l) Transparency

“(1) In general—Not later than 30 days after awarding a grant for a project under this section, the Secretary shall send to all applicants, and publish on the website of the Department of Transportation—

“(A) a summary of each application made to the program for the grant application period; and

“(B) the evaluation and justification for the project selection, including ratings and rankings assigned to all applications and a list of applications that received final consideration by the Secretary to receive an award under this section, for the grant application period.

“(2) Briefing—The Secretary shall provide, at the request of a grant applicant under this section, the opportunity to receive a briefing to explain any reasons the grant applicant was not awarded a grant.

“(m) Definitions—In this section:

“(1) Eligible entity—The term eligible entity means—

“(A) a metropolitan planning organization;

“(B) a unit of local government;

“(C) a transit agency;

“(D) an Indian Tribe or Tribal organization;

“(E) a multijurisdictional group of entities described in this paragraph;

“(F) a special purpose district with a transportation function or a port authority;

“(G) a territory; or

“(H) a State that applies for a grant under this section jointly with an entity described in subparagraphs (A) through (G).

“(2) Eligible project—The term eligible project means any project eligible under this title or chapter 53 of title 49.”

added “(1) In general—Not later than”

added “(2) Freight corridors—Not later than 1 year after the date of enactment of the INVEST in America Act, the Secretary shall designate national electric vehicle charging and hydrogen fueling freight corridors that identify the near- and long-term need for, and the location of, electric vehicle charging and hydrogen fueling infrastructure to support freight and goods movement at strategic locations along major national highways, the National Highway Freight Network, and goods movement locations including ports, intermodal centers, and warehousing locations.”

“(3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure to allow for the predictable deployment of such infrastructure.”

“(f) Clean corridors program

“(1) Establishment—There is established a clean corridors program (referred to in this subsection as the “Program”) to provide funding to States to strategically deploy electric vehicle charging and hydrogen fueling infrastructure along alternative fuel corridors and to establish an interconnected network to facilitate data collection, access, and reliability.

“(2) Purpose—The purpose of the Program is to provide funding for—

“(A) the acquisition and installation of electric vehicle charging infrastructure and hydrogen fueling infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability;

“(B) proper operation and maintenance of electric vehicle charging infrastructure; and

“(C) data sharing about charging and fueling infrastructure to ensure the long-term success of investments made through the Program.

“(3) Alternative distribution of funds

“(A) Plan—The Secretary shall establish a deadline by which a State shall provide a plan to the Secretary, in such form and such manner that the Secretary requires, describing how such State intends to use its allocation under this section.

“(B) Efficient obligation of funds—If a State fails to submit the plan required by subparagraph (A) to the Secretary in a timely manner, or if the Secretary determines a State has not taken sufficient action to carry out its plan, the Secretary may—

“(i) withdraw from the State the funds that were apportioned to the State for a fiscal year under section 104(b)(10);

“(ii) award such funds on a competitive basis to local units of government within the State for use on projects that meet the eligibility requirements described in paragraph (4); and

“(iii) ensure timely obligation of such funds.

“(C) Redistribution among States—If the Secretary determines that any funds withdrawn from a State under subparagraph (B)(i) cannot be fully awarded to local units of government within the State under subparagraph (B)(ii) in a manner consistent with the purpose of this subsection, any such funds remaining under subparagraph (B)(i) shall be—

“(i) apportioned among other States (except States for which funds for that fiscal year have been withdrawn under subparagraph (B)(i)) in the same ratio as funds apportioned for that fiscal year under section 104(b)(10)(C) for the Program; and

“(ii) only available to carry out this section.

“(4) Eligible projects

“(A) In general—Funding made available under this subsection shall be for projects—

“(i) directly related to the electric charging or hydrogen fueling of a vehicle; and

“(ii) only for infrastructure that is open to the general public or to authorized commercial motor vehicle operators from more than 1 company.

“(B) Location of infrastructure

“(i) In general—Any charging or fueling infrastructure acquired or installed with funding under this subsection shall be located along an alternative fuel corridor.

“(ii) Guidance—Not later than 90 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall develop guidance for States and localities to strategically deploy charging and fueling infrastructure along alternative fuel corridors, consistent with this section.

“(iii) Additional considerations—In developing the guidance required under clause (ii), the Secretary of Transportation, in coordination with the Secretary of Energy, shall consider—

“(I) the distance between publicly available charging and fueling infrastructure eligible under this section;

“(II) connections to the electric grid or fuel distribution system, including electric distribution upgrades, vehicle-to-grid integration, including smart charge management or other protocols that can minimize impacts to the electric grid, and alignment with electric distribution interconnection processes;

“(III) plans to protect the electric grid from added load of charging distribution systems from adverse impacts of changing load patterns, including through on site storage;

“(IV) plans for the use of renewable energy sources to power charging, energy storage, and hydrogen fuel production;

“(V) the proximity of existing off-highway travel centers, fuel retailers, and small businesses to electric vehicle charging infrastructure acquired or funded under this subsection;

“(VI) the need for publicly available electric vehicle charging infrastructure in rural corridors;

“(VII) the long-term operation and maintenance of publicly available electric vehicle charging infrastructure to avoid stranded assets and protect the investment of public funds in that infrastructure;

“(VIII) existing private, national, State, local, Tribal, and territorial government electric vehicle charging infrastructure programs and incentives;

“(IX) fostering enhanced, coordinated, public-private or private investment in charging and fueling infrastructure;

changed “(X) ensuring consumer protection and pricing transparency; andtransparency;

changed “(XI) any other factors, as determined by the Secretary.availability of onsite amenities for vehicle operators, including restrooms or food facilities; and

added “(XII) any other factors, as determined by the Secretary.

“(5) Eligible project costs—Subject to paragraph (6), funds made available under this subsection may be used for—

“(A) the acquisition or installation of electric vehicle charging or hydrogen fueling infrastructure;

“(B) operating assistance for costs allocable to operating and maintaining infrastructure acquired or installed under this subsection, for a period not to exceed five years;

“(C) the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to infrastructure acquired, installed, or operated under this subsection; or

“(D) on-premises signs to provide information about infrastructure acquired, installed, or operated under this subsection.

added “(6) Guidance—Not later than 180 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall, as appropriate, publish guidance for public comment related to—

removed “(6) Project requirements—Not later than 180 days after the date of enactment of the INVEST in America Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall, as appropriate, develop standards and requirements related to—

“(A) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this subsection;

added “(B) the physical and payment interoperability of electric vehicle charging infrastructure under this subsection;

removed “(B) the physical, software, and payment interoperability of electric vehicle charging infrastructure under this subsection;

“(C) any traffic control device or on-premises sign acquired, installed, or operated under this subsection;

“(D) any data requested by the Secretary related to a project funded under this subsection, including the format and schedule for the submission of such data; and

“(E) network connectivity of electric vehicle charging that includes measures to protect personal privacy and ensure cybersecurity.

“(7) Federal share—The Federal share payable for the cost of a project funded under this subsection shall be 80 percent.

“(8) Period of availability—Notwithstanding section 118(b), funds made available for the Program shall be available until expended.

“(9) Additional assistance grants—For each of fiscal years 2023 through 2026, before making an apportionment under section 104(b)(10), the Secretary shall set aside, from amounts made available to carry out the clean corridors program under this subsection, $100,000,000 for grants to States or localities that require additional assistance to strategically deploy infrastructure eligible under this subsection along alternative fuel corridors to fill gaps in the national charging network, including in rural areas.

“(10) Definition of alternative fuel corridors—In this subsection, the term alternative fuel corridors means a fuel corridor—

“(A) designated under subsection (a); or

“(B) equivalent to a fuel corridor described under such subsection that is designated, after consultation with any affected Indian Tribes or Tribal organizations, by a State or group of States.”

“172. Community climate innovation grants

“(a) Establishment—The Secretary shall establish a community climate innovation grant program (in this section referred to as the “Program”) to make grants, on a competitive basis, for locally selected projects that reduce greenhouse gas emissions while improving the mobility, accessibility, and connectivity of the surface transportation system.

“(b) Purpose—The purpose of the Program shall be to support communities in reducing greenhouse gas emissions from the surface transportation system.

“(c) Eligible applicants—The Secretary may make grants under the Program to the following entities:

“(1) A metropolitan planning organization.

“(2) A unit of local government or a group of local governments, or a county or multi-county special district.

“(3) A subdivision of a local government.

“(4) A transit agency.

“(5) A special purpose district with a transportation function or a port authority.

“(6) An Indian Tribe or Tribal organization.

“(7) A territory.

“(8) A multijurisdictional group of entities described in paragraphs (1) through (7).

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

“(e) Eligible projects—The Secretary may only provide a grant under the Program for a project that is expected to yield a significant reduction in greenhouse gas emissions from the surface transportation system and—

“(1) is a project eligible for assistance under this title or under chapter 53 of title 49, or is a capital project for vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus; or

“(2) is a capital project as defined in section 22906 of title 49 to improve intercity passenger rail that will yield a significant reduction in single occupant vehicle trips and improve mobility on public roads.

“(f) Eligible uses—Grant amounts received for a project under the Program may be used for—

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

“(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 improvements.

“(g) Project prioritization—In making grants for projects under the Program, the Secretary shall give priority to projects that are expected to yield the most significant reductions in greenhouse gas emissions from the surface transportation system.

“(h) Additional considerations—In making grants for projects under the Program, the Secretary shall consider the extent to which—

“(1) a project maximizes greenhouse gas reductions in a cost-effective manner;

“(2) a project reduces dependence on single-occupant vehicle trips or provides additional transportation options;

“(3) a project improves the connectivity and accessibility of the surface transportation system, particularly to low- and zero-emission forms of transportation, including public transportation, walking, and bicycling;

“(4) an applicant has adequately considered or will adequately consider, including through the opportunity for public comment, the environmental justice and equity impacts of the project;

“(5) a project contributes to geographic diversity among grant recipients, including to achieve a balance between urban, suburban, and rural communities;

“(6) a project serves low-income residents of low-income communities, including areas of persistent poverty, while not displacing such residents;

“(7) a project uses pavement materials that demonstrate reductions in greenhouse gas emissions through sequestration or innovative manufacturing processes;

“(8) a project repurposes neglected or underused infrastructure, including abandoned highways, bridges, railways, trail ways, and adjacent underused spaces, into new hybrid forms of public space that support multiple modes of transportation; and

“(9) a project includes regional multimodal transportation system management and operations elements that will improve the effectiveness of such project and encourage reduction of single occupancy trips by providing the ability of users to plan, use, and pay for multimodal transportation alternatives.

“(i) Funding

“(1) Maximum amount—The maximum amount of a grant under the Program shall be $25,000,000.

“(2) Technical assistance—Of the amounts made available to carry out the Program, the Secretary may use up to 1 percent to provide technical assistance to applicants and potential applicants.

“(j) Treatment of projects

“(1) Federal requirements—The Secretary shall, with respect to a project funded by a grant under this section, apply—

“(A) the requirements of this title to a highway project;

“(B) the requirements of chapter 53 of title 49 to a public transportation project; and

“(C) the requirements of section 22905 of title 49 to a passenger rail or freight rail project.

“(2) Multimodal projects

“(A) In general—Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall—

“(i) determine the predominant modal component of the project; and

“(ii) apply the applicable requirements of such predominant modal component to the project.

“(B) Exceptions

“(i) Passenger or freight rail component—For any passenger or freight rail component of a project, the requirements of section 22907(j)(2) of title 49 shall apply.

“(ii) Public transportation component—For any public transportation component of a project, the requirements of section 5333 of title 49 shall apply.

“(C) Buy America—In applying the Buy America requirements under section 313 of this title and sections 5320, 22905(a), and 24305(f) of title 49 to a multimodal project under this paragraph, the Secretary shall—

“(i) consider the various modal components of the project; and

“(ii) seek to maximize domestic jobs.

“(k) Single-Occupancy vehicle highway facilities—None of the funds provided under this section may be used for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high-occupancy vehicle facility and is consistent with section 166.

“(l) Public comment—Prior to issuing the notice of funding opportunity for funding under this section for fiscal year 2023, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall solicit public comment on the method of determining the significant reduction in greenhouse gas emissions required under subsection (e).

changed “(m) Consultation—Prior to making an award under this section in a given fiscal year, the Secretary shall consult with the Administrator of the Environmental Protection Agency to determine which projects are expected to yield a significant reduction in greenhouse gas emissions as required under subsection (e).”(e).

added “(n) Rural set-aside

added “(1) In general—The Secretary shall set aside not less than 10 percent of the amounts made available to carry out this section for projects located in rural areas.

added “(2) Definition of rural area—In this subsection, the term “rural area” means all areas of a State or territory that are outside of an urbanized area with a population greater than 74,999 individuals, as determined by the Bureau of the Census.”

“(7) Combating climate change—To reduce carbon dioxide and other greenhouse gas emissions and reduce the climate impacts of the transportation system.”

“(7) Greenhouse gas emissions—The Secretary shall establish, in consultation with the Administrator of the Environmental Protection Agency, measures for States to use to assess—

“(A) carbon dioxide emissions per capita on public roads;

“(B) carbon dioxide emissions using different parameters than described in subparagraph (A) that the Secretary determines to be appropriate; and

“(C) any other greenhouse gas emissions on public roads that the Secretary determines to be appropriate.”

“(3) Regressive targets

“(A) In general—A State may not establish a regressive target for the measures described under paragraph (4) or paragraph (7) of subsection (c).

“(B) Regressive target defined—In this paragraph, the term regressive target means a target that fails to demonstrate constant or improved performance for a particular measure.”

“(f) Transportation system access

“(1) In general—The Secretary shall establish measures for States and metropolitan planning organizations to use to assess the level of safe, reliable, and convenient transportation system access to—

“(A) employment; and

“(B) services.

“(2) Considerations—The measures established pursuant to paragraph (1) shall include the ability for States and metropolitan planning organizations to assess—

“(A) the change in the level of transportation system access for various modes of travel, including connection to other modes of transportation, that would result from new transportation investments;

“(B) the level of transportation system access for economically disadvantaged communities, including to affordable housing; and

“(C) the extent to which transportation access is impacted by zoning policies and land use planning practices that effect the affordability, elasticity, and diversity of the housing supply.

“(3) Definition of services—In this subsection, the term services includes healthcare facilities, child care, education and workforce training, food sources, banking and other financial institutions, and other retail shopping establishments.”

“(i) In general—The TIP”

“(ii) Transportation management areas—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—

“(I) a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and

“(II) a description of how the anticipated effect of the TIP would improve the overall level of transportation system access, consistent with section 150(f).”

“(i) congestion management”

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f), that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49.”

“(iii) the TIP approved under clause (ii) makes progress towards improving the level of transportation system access, consistent with section 150(f).”

“(D) a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B)); and

“(E) the progress of implementing the measure established under section 150(f).”

“(A) a discussion”

“(B) a consideration of the anticipated effect of the STIP on the overall level of transportation system access, consistent with section 150(f).”

“(i) In general—The TIP”

“(ii) Transportation management areas—For metropolitan planning areas that represent an urbanized area designated as a transportation management area under subsection (k), the TIP shall include—

“(I) a discussion of the anticipated effect of the TIP toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to such performance targets; and

“(II) a description of how the anticipated effect of the TIP would improve the overall level of transportation system access, consistent with section 150(f) of title 23.”

“(i) congestion management”

“(ii) the overall level of transportation system access for various modes of travel within the metropolitan planning area, including the level of access for economically disadvantaged communities, consistent with section 150(f) of title 23, that is based on a cooperatively developed and implemented metropolitan-wide strategy, assessing both new and existing transportation facilities eligible for funding under this chapter and title 23.”

“(iii) the TIP approved under clause (ii) makes progress towards improving the level of transportation system access, consistent with section 150(f) of title 23.”

“(D) a listing of all metropolitan planning organizations that are establishing performance targets and whether such performance targets established by the metropolitan planning organization are meaningful or regressive (as defined in section 150(d)(3)(B) of title 23); and

“(E) the progress of implementing the measure established under section 150(f) of title 23.”

“(A) a discussion”

“(B) a consideration of the anticipated effect of the STIP on the overall level of transportation system access, consistent with section 150(f) of title 23.”

“(84) The Central Texas Corridor, including the route—

“(A) commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas;

“(B) commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas;

“(C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas;

“(D) following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas;

“(E) following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas;

“(F) following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and

“(G) following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas to Interstate 20 at Odessa, Texas.”

“(91) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana.”

“(92) The Central Mississippi Corridor, including the route—

“(A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi-Alabama State Border; and

“(B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport.”

“(93) The Middle Alabama Corridor including the route—

“(A) beginning at the Alabama-Mississippi Border generally following portions of I–20 until following a new interstate extension paralleling United States Highway 80 specifically:

“(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I–65 near Hope Hull, Alabama;

“(C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I–85 east of Montgomery, Alabama;

“(D) continuing along I–85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama; and

“(E) generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia.”

“(94) The Middle Georgia Corridor including the route—

“(A) beginning at the Alabama-Georgia Border generally following the Fall Line Freeway from Columbus Georgia to Augusta, Georgia specifically:

“(B) travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate route 75 in Byron, Georgia;

“(C) continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16. Following Interstate 16 east it would next join United States Route 80 and then onto State Route 57; and

“(D) commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass. After the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520.”

“(95) The Louisiana Capital Region High Priority Corridor, which shall generally follow—

“(A) Interstate 10, between its intersections with Interstate 12 and Louisiana Highway 415;

“(B) Louisiana Highway 415, between its intersections with Interstate 10 and United States route 190;

“(C) United States route 190, between its intersections with Louisiana Highway 415 and intersection with Interstate 110;

“(D) Interstate 110, between its intersections with United States route 190 and Interstate 10;

“(E) Louisiana Highway 30, near St. Gabriel, LA and its intersections with Interstate 10;

“(F) Louisiana Highway 1, near White Castle, LA and its intersection with Interstate 10; and

“(G) A bridge connecting Louisiana Highway 1 with Louisiana Highway 30, south of the Interstate described in subparagraph (A).”

removed The Administrator of the Federal Highway Administration, in coordination with the Administrator of the Federal Emergency Management Agency, shall review the guidance issued pursuant to section 1228 of the Disaster Recovery Reform Act of 2018 (Public Law 115–254), and issue guidance regarding repair, restoration, and replacement of inundated and submerged roads damaged or destroyed by a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to roads eligible for assistance under Federal Highway Administration programs.

changed Section 325 of title 23, United States Code, is repealed.The Secretary or Transportation shall take all reasonable efforts to provide assistance for an Olympic or Paralympic event, or a Special Olympics International event, including the following:

“5338. Authorizations

“(a) Grants

“(1) In general—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 5337, 5339, and 5340—

“(A) $17,894,460,367 for fiscal year 2023;

“(B) $18,201,940,770 for fiscal year 2024;

“(C) $18,551,676,708 for fiscal year 2025; and

“(D) $18,901,573,693 for fiscal year 2026.

“(2) Allocation of funds—Of the amounts made available under paragraph (1)—

“(A) $189,879,151 for fiscal year 2023, $192,841,266 for fiscal year 2024, $195,926,726 for fiscal year 2025, and $199,002,776 for fiscal year 2026, shall be available to carry out section 5305;

“(B) $7,505,830,848 for fiscal year 2023, $7,622,921,809 for fiscal year 2024, $7,744,888,558 for fiscal year 2025, and $7,866,483,309 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;

“(C) $101,510,000 for fiscal year 2023, $103,093,556 for fiscal year 2024, $104,743,053 for fiscal year 2025, and $106,387,519 for fiscal year 2026 shall be available for grants under section 5308;

“(D) $434,830,298 for fiscal year 2023, $441,613,651 for fiscal year 2024, $448,679,469 for fiscal year 2025, and $455,723,737 for fiscal year 2026 shall be available to carry out section 5310, of which not less than—

“(i) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out section 5310(j); and

“(ii) $20,302,000 for fiscal year 2023, $20,618,711 for fiscal year 2024, $20,948,611 for fiscal year 2025, and $21,277,504 for fiscal year 2026 shall be available to carry out section 5310(k);

“(E) $1,025,199,724 for fiscal year 2023, $1,041,192,839 for fiscal year 2024, $1,057,851,925 for fiscal year 2025, and $1,074,460,200 for fiscal year 2026 shall be available to carry out section 5311, of which not less than—

“(i) $55,679,500 for fiscal year 2023, $56,392,100 for fiscal year 2024, $57,134,374 for fiscal year 2025, and $57,874,383 for fiscal year 2026 shall be available to carry out section 5311(c)(1); and

“(ii) $50,755,000 for fiscal year 2023, $51,546,778 for fiscal year 2024, $52,371,526 for fiscal year 2025, and $53,193,759 for fiscal year 2026 shall be available to carry out section 5311(c)(2);

“(F) $53,498,300 for fiscal year 2023; $54,020,873 for fiscal year 2024; $54,565,207 for fiscal year 2025; $55,107,881 for fiscal year 2026 shall be available to carry out section 5312, of which not less than—

“(i) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out each of sections 5312(d)(3) and 5312(d)(4);

“(ii) $3,045,300 for fiscal year 2023, $3,092,807 for fiscal year 2024, $3,142,292 for fiscal year 2025, and $3,191,626 for fiscal year 2026 shall be available to carry out section 5312(h);

“(iii) $10,151,000 for fiscal year 2023, $10,309,356 for fiscal year 2024, $10,474,305 for fiscal year 2025, and $10,638,752 for fiscal year 2026 shall be available to carry out section 5312(i); and

“(iv) $10,075,500 for fiscal year 2023, $10,154,678 for fiscal year 2024, $10,237,153 for fiscal year 2025, and $10,319,376 shall be available to carry out section 5312(j);

“(G) $23,347,300 for fiscal year 2023, $23,711,518 for fiscal year 2024, $24,090,902 for fiscal year 2025, and $24,469,129 for fiscal year 2026 shall be available to carry out section 5314, of which not less than—

“(i) $4,060,400 for fiscal year 2023, $4,123,742 for fiscal year 2024, $4,189,722 for fiscal year 2025, and $4,255,501 for fiscal year 2026 shall be available to carry out section of 5314(a);

“(ii) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out section 5314(c); and

“(iii) $12,181,200 for fiscal year 2023, $12,371,227 for fiscal year 2024, $12,569,166 for fiscal year 2025, and $12,766,502 for fiscal year 2026 shall be available to carry out section 5314(b)(2);

“(H) $5,075,500 for fiscal year 2023, $5,154,678 for fiscal year 2024, $5,237,153 for fiscal year 2025, and $5,319,376 for fiscal year 2026 shall be available to carry out section 5318;

“(I) $30,453,000 for fiscal year 2023, $30,928,067 for fiscal year 2024, $31,422,916 for fiscal year 2025, and $31,916,256 for fiscal year 2026 shall be available to carry out section 5328, of which not less than—

“(i) $25,377,500 for fiscal year 2023, $25,773,389 for fiscal year 2024, $26,185,763 for fiscal year 2025, and $26,596,880 for fiscal year 2026 shall be available to carry out section of 5328(b); and

“(ii) $2,537,750 for fiscal year 2023, $2,577,339 for fiscal year 2024, $2,618,576 for fiscal year 2025, and $2,659,688 for fiscal year 2026 shall be available to carry out section 5328(c);

“(J) $4,060,400 for fiscal year 2023, $4,123,742 for fiscal year 2024, $4,189,722 for fiscal year 2025, and $4,255,501 for fiscal year 2026 shall be available to carry out section 5335;

“(K) $5,366,233,728 for fiscal year 2023, $5,460,789,084 for fiscal year 2024, $5,560,170,578 for fiscal year 2025, and $5,660,288,417 for fiscal year 2026 shall be available to carry out section 5337;

“(L) to carry out the bus formula program under section 5339(a)—

“(i) $1,240,328,213 for fiscal year 2023, $1,259,667,334 for fiscal year 2024, $1,279,832,171 for fiscal year 2025, and $1,299,925,536 for fiscal year 2026; except that

“(ii) 15 percent of the amounts under clause (i) shall be available to carry out 5339(d);

“(M) $437,080,000 for fiscal year 2023, $424,748,448 for fiscal year 2024, $387,944,423 for fiscal year 2025, and $351,100,151 for fiscal year 2026 shall be available to carry out section 5339(b);

“(N) $890,000,000 for fiscal year 2023, $950,000,000 for fiscal year 2024, $1,065,000,000 for fiscal year 2025, and $1,180,000,000 for fiscal year 2026 shall be available to carry out section 5339(c); and

“(O) $587,133,905 for each of fiscal years 2023 through 2026 shall be available to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—

“(i) $309,688,908 for each of fiscal years 2023 through 2026 shall be for growing States under section 5340(c); and

“(ii) $277,444,997 for each of fiscal years 2023 through 2026 shall be for high density States under section 5340(d).

“(b) Capital investment grants—There are authorized to be appropriated to carry out section 5309 $3,500,000,000 for fiscal year 2023, $4,250,000,000 for fiscal year 2024, $5,000,000,000 for fiscal year 2025, and 5,500,000,000 for fiscal year 2026.

“(c) Administration

“(1) In general—There are authorized to be appropriated to carry out section 5334, $142,060,785 for fiscal year 2023, $144,191,696 for fiscal year 2024, $146,412,248 for fiscal year 2025, and 148,652,356 for fiscal year 2026.

“(2) Section 5329—Of the amounts authorized to be appropriated under paragraph (1), not less than $6,000,000 for each of fiscal years 2023 through 2026 shall be available to carry out section 5329.

“(3) Section 5326—Of the amounts made available under paragraph (2), not less than $2,500,000 for each of fiscal years 2023 through 2026 shall be available to carry out section 5326.

“(d) Oversight

“(1) In general—Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2):

“(A) 0.5 percent of amounts made available to carry out section 5305.

“(B) 0.75 percent of amounts made available to carry out section 5307.

“(C) 1 percent of amounts made available to carry out section 5309.

“(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).

“(E) 0.5 percent of amounts made available to carry out section 5310.

“(F) 0.5 percent of amounts made available to carry out section 5311.

“(G) 1 percent of amounts made available to carry out section 5337, of which not less than 25 percent of such amounts shall be available to carry out section 5329 and of which not less than 10 percent of such amounts shall be made available to carry out section 5320.

“(H) 1 percent of amounts made available to carry out section 5339 of which not less than 10 percent of such amounts shall be made available to carry out section 5320.

“(I) 1 percent of amounts made available to carry out section 5308.

“(2) Activities—The activities described in this paragraph are as follows:

“(A) Activities to oversee the construction of a major capital project.

“(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.

“(C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

changed “(3) Government share of costs—The Government shall pay the entire cost of carrying out a contract under this subsection/activities described in paragraph (2).subsection.

“(4) Availability of certain funds—Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.

“(e) Grants as contractual obligations

“(1) Grants financed from Highway Trust Fund—A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project.

“(2) Grants financed from general fund—A grant or contract that is approved by the Secretary and financed with amounts from future appropriations from the general fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

“(f) Availability of amounts—Amounts made available by or appropriated under this section shall remain available until expended.

“(g) Limitation on financial assistance for State-Owned enterprises

“(1) In general—Funds provided under this section may not be used in awarding a contract, subcontract, grant, or loan to an entity that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—

“(A) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of the INVEST in America Act;

“(B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; and

“(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

“(2) Exception—For purposes of paragraph (1), the term otherwise related legally or financially does not include a minority relationship or investment.

“(3) International agreements—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.”

Section 5302 of title 49, United States Code, is amended—

“(iii) provides a fair share of revenue established by the Secretary that will be used for public transportation, except for a joint development that is a community service (as defined by the Federal Transit Administration), publicly operated facility, or offers a minimum of 50 percent of units as affordable housing, meaning legally binding affordability restricted housing units available to tenants with incomes below 60 percent of the area median income or owners with incomes below the area median;”

added “(O) the employment of forensic consultants, cybersecurity experts, or third-party penetration testers to identify, evaluate, test, and patch ransomware attack vulnerabilities.”

“(25) Resilience

“(A) In general—The term resilience means, with respect to a facility, the ability to—

“(i) anticipate, prepare for, or adapt to conditions; or

“(ii) withstand, respond to, or recover rapidly from disruptions.

“(B) Inclusions—Such term includes, with respect to a facility, the ability to—

“(i) resist hazards or withstand impacts from disruptions;

“(ii) reduce the magnitude, duration, or impact of a disruption; or

“(iii) have the absorptive capacity, adaptive capacity, and recoverability to decrease vulnerability to a disruption.

“(26) Assault on a transit worker—The term assault on a transit worker means any circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any transit worker while the transit worker is performing his or her duties.”

“(3) Accessibility costs—Notwithstanding paragraph (1), the Federal share of the net project cost of a project to provide accessibility improvements consistent with standards in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90 percent.”

“(iii) technical assistance to assist recipients with the impacts of a new census count.”

added “(H) cybersecurity and mitigating the threat of ransomware;”

“(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 25 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or”

“(iii) operate a minimum of 101 buses and a maximum of 125 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 25 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b).”

“(7) ensure that the proposed program of projects provides improved access to transit for the individuals described in section 5336(j); and”

“(F) transportation development credits.”

“(3) Transportation development credits—For purposes of assessments and determinations under this subsection or subsection (h), transportation development credits that are included as a source of local financing or match shall be treated the same as other sources of local financing.”

“(D) transportation development credits; or”

“(vi) transportation development credits.”

Section 5303 of title 49, United States Code, is further amended—

“(1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight, foster economic growth and development within and between States and urbanized areas, and take into consideration resiliency and climate change adaptation needs while reducing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through metropolitan and statewide transportation planning processes identified in this chapter; and”

“(6) STIP—The term STIP means a statewide transportation improvement program developed by a State under section 135(g).”

“(4) Consideration—In developing the plans and TIPs, metropolitan planning organizations shall consider direct and indirect emissions of greenhouse gases.”

“(D) Equitable and proportional representation

“(i) In general—In designating officials or representatives under paragraph (2), the metropolitan planning organization shall ensure the equitable and proportional representation of the population of the metropolitan planning area.

“(ii) Savings clause—Nothing in this paragraph shall require a metropolitan planning organization in existence on the date of enactment of this subparagraph to be restructured.

“(iii) Redesignation—Notwithstanding clause (ii), the requirements of this paragraph shall apply to any metropolitan planning organization redesignated under paragraph (6).”

“(4) Coordination between MPOs

“(A) In general—If more than one metropolitan planning organization is designated within an urbanized area under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting transportation demand.

“(B) Savings clause—Nothing in this paragraph requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.”

“(E) protect and enhance the environment, promote energy conservation, reduce greenhouse gas emissions, improve the quality of life and public health, and promote consistency between transportation improvements and State and local planned growth and economic development patterns, including housing and land use patterns;”

“(J) support emergency management, response, and evacuation and hazard mitigation;

“(K) improve the level of transportation system access; and

“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households.”

changed “(A) In general—Through the use of a performance-based approach, transportation investment decisions made as a part of the metropolitan transportation planning process shall support the national goals described in section 150(b), 150(b) of title 23, the achievement of metropolitan and statewide targets established under section 150(d), 150(d) of title 23, the improvement of transportation system access (consistent with section 150(f)), 150(f)) of title 23, and the general purposes described in section 5301 of title 49.”this title.”

“(B) Issues—The consultation shall involve, as appropriate, comparison of transportation plans to other relevant plans, including, if available—

“(i) State conservation plans or maps; and

“(ii) inventories of natural or historic resources.”

“(C) Methods

“(i) In general—In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) hold any public meetings at convenient and accessible locations and times;

“(II) employ visualization techniques to describe plans; and

“(III) make public information available in electronically accessible format and means, such as the internet, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

“(ii) Additional methods—In addition to the methods described in clause (i), in carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable—

“(I) use virtual public involvement, social media, and other web-based tools to encourage public participation and solicit public feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”

Section 5304 of title 49, United States Code, is amended—

“(A) In general—The statewide transportation plan and the”

“(B) Consideration—In developing the statewide transportation plans and STIPs, States shall consider direct and indirect emissions of greenhouse gases.”

“(J) facilitate emergency management, response, and evacuation and hazard mitigation;

“(K) improve the level of transportation system access; and

“(L) support inclusive zoning policies and land use planning practices that incentivize affordable, elastic, and diverse housing supply, facilitate long-term economic growth by improving the accessibility of housing to jobs, and prevent high housing costs from displacing economically disadvantaged households.”

“(A) In general—Through the use of a performance-based approach, transportation investment decisions made as a part of the statewide transportation planning process shall support—

changed “(i) the national goals described in section 150(b);150(b) of title 23;

changed “(ii) the consideration of transportation system access (consistent with section 150(f));150(f) of title 23);

changed “(iii) the achievement of statewide targets established under section 150(d); 150(d) of title 23; and

changed “(iv) the general purposes described in section 5301 of title 49.”this title.”

“(ii) Comparison and consideration—Consultation under clause (i) shall involve the comparison of transportation plans to other relevant plans and inventories, including, if available—

“(I) State and tribal conservation plans or maps; and

“(II) inventories of natural or historic resources.”

“(i) In general—in carrying out”

“(ii) Additional methods—In addition to the methods described in clause (i), in carrying out subparagraph (A), the State shall, to the maximum extent practicable—

“(I) use virtual public involvement, social media, and other web-based tools to encourage public participation and solicit public feedback; and

“(II) use other methods, as appropriate, to further encourage public participation of historically underrepresented individuals in the transportation planning process.”

changed Section 5324 of title 49, United States Code, is further amended by adding at the end the following:

changed “(g) “(f) Imposition of deadline

“(1) In general—Notwithstanding any other provision of law, the Secretary may not require any project funded pursuant to this section to advance to the construction obligation stage before the date that is the last day of the sixth fiscal year after the later of—

“(A) the date on which the Governor declared the emergency, as described in subsection (a)(2); or

“(B) the date on which the President declared a major disaster, as described in such subsection.

“(2) Extension of deadline—If the Secretary imposes a deadline for advancement to the construction obligation stage pursuant to paragraph (1), the Secretary may, upon the request of the Governor of the State, issue an extension of not more than 1 year to complete such advancement, and may issue additional extensions after the expiration of any extension, if the Secretary determines the Governor of the State has provided suitable justification to warrant an extension.”

“5316. Mobility innovation

“(a) In general—Amounts made available to a covered recipient to carry out sections 5307, 5310, and 5311 may be used by such covered recipient under this section to assist in the financing of—

“(1) mobility as a service; and

“(2) mobility on demand services.

“(b) Federal share

“(1) In general—Except as provided in paragraphs (2) and (3), the Federal share of the net cost of a project carried out under this section shall not exceed 70 percent.

“(2) Insourcing incentive—Notwithstanding paragraph (1), the Federal share of the net cost of a project described in paragraph (1) shall, at the request of the project sponsor, be increased by up to 10 percent for mobility on demand service operated exclusively by personnel employed by the recipient.

“(3) Zero emission incentive—Notwithstanding paragraph (1), the Federal share of the net cost of a project described in paragraph (1) shall, at the request of the project sponsor, be increased by up to 10 percent if such project involves an eligible use that uses a vehicle that produces zero carbon dioxide or particulate matter.

“(c) Eligible uses

“(1) In general—The Secretary shall publish guidance describing eligible activities that are demonstrated to—

“(A) increase transit ridership;

“(B) be complementary to fixed route transit service;

“(C) demonstrate meaningful improvements in—

“(i) environmental metrics, including standards established pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and greenhouse gas performance targets established pursuant to section 150(d) of title 23;

“(ii) traffic congestion;

“(iii) compliance with the requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

“(iv) low-income service to increase access to employment, healthcare, and other essential services;

“(v) service during times of the day when regular transit service is not operating, as long as regular transit service hours are not reduced;

“(vi) new service that operates in areas of lower density that are unserved or underserved by regular transit service;

“(vii) rural service; and

“(viii) improvement in paratransit service quality.

changed “(D) “(2) Fare collection modernization—In developing guidance referred to in this section, the Secretary shall ensure that—

changed “(i) “(A) all costs associated with installing, modernizing, and managing fare collection, including touchless payment systems, shall be considered eligible expenses under this title and subject to the applicable Federal share; and

changed “(ii) “(B) such guidance includes guidance on how agencies shall provide unbanked and underbanked users with an opportunity to benefit from mobility as a service platforms.

changed “(2) “(3) Prohibition on use of funds—Amounts used by a covered recipient for projects eligible under this section may not be used for—

“(A) single passenger vehicle miles (in a passenger motor vehicle, as such term is defined in section 32101, that carries less than 9 passengers), unless the trip—

“(i) meets the definition of public transportation; and

“(ii) begins or completes a fixed route public transportation trip;

“(B) deadhead vehicle miles; or

“(C) any service considered a taxi service that operates under an exemption from testing requirements under section 5331.

“(d) Federal requirements—A project carried out under this section shall be treated as if such project were carried out under the section from which the funds were provided to carry out such project, including the application of any additional requirements provided for by law that apply to section 5307, 5310, or 5311, as applicable.

“(e) Waiver

“(1) Individual waiver—Except as provided in paragraphs (2) and (3), the Secretary may waive any requirement applied to a project carried out under this section pursuant to subsection (d) if the Secretary determines that the project would—

“(A) not undermine labor standards;

“(B) increase employment opportunities of the recipient unless the Secretary determines that such a waiver does not affect employment opportunities; and

“(C) be consistent with the public interest.

“(2) Waiver under other sections—The Secretary may not waive any requirement under paragraph (1) for which a waiver is otherwise available.

“(3) Prohibition of waiver—Notwithstanding paragraph (1), the Secretary may not waive any requirement of—

“(A) section 5333;

“(B) section 5331;

“(C) section 5302(14); and

“(D) chapter 53 that establishes a maximum Federal share for operating costs.

“(4) Application of section 5320—Notwithstanding paragraphs (1) and (2), the Secretary may only waive the requirements of section 5320 with respect to—

“(A) a passenger vehicle owned by an individual;

“(B) subsection (q) of such section for any passenger vehicle not owned by an individual for the period beginning on the date of enactment of this section and ending 3 years after such date;

“(C) any shared micromobility device for the period beginning on the date of enactment of this section and ending on the date that is 3 years after such date; and

“(D) rolling stock that is part of a dedicated fleet of vehicles for the provision of microtransit that is operated by, or exclusively on behalf of, the covered recipient for the period beginning on the date of enactment of this section and ending on the date that is 3 years after such date.

“(5) Limitation—A waiver issued under subparagraphs (B), (C), or (D) of paragraph (4) may only be issued on an individual project basis at the request of the covered recipient and may not be renewed or extended beyond the initial 3-year period of the waiver.

“(f) Open data standards

“(1) In general—Not later than 90 days after the date of enactment of this section, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to develop an open data standard and an application programming interface necessary to carry out this section.

“(2) Regulations—The regulations required under paragraph (1) shall require public transportation agencies, mobility on demand providers, mobility as a service technology providers, other non-government actors, and local governments the efficient means to transfer data to—

“(A) foster the efficient use of transportation capacity;

“(B) enhance the management of new modes of mobility;

“(C) enable the use of innovative planning tools;

“(D) enable single payment systems for all mobility on demand services;

“(E) establish metropolitan planning organization, State, and local government access to anonymized data for transportation planning, real time operations data, and rules;

“(F) prohibit the transfer of personally identifiable information;

“(G) protect confidential business information;

“(H) enhance cybersecurity protections; and

“(I) allow data governance, including but not limited to licensing and terms of information sharing, periodic risk assessments, policies regarding data retention and information handling policies, and anonymization techniques.

“(3) Prohibition on for profit activity—Any data received by an entity under this subsection may not be sold, leased, or otherwise used to generate profit, except for the direct provision of the related mobility on demand services and mobility as a service.

“(4) Committee—A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this subsection shall have a maximum of 17 members limited to representatives of the Department of Transportation, State and local governments, metropolitan planning organizations, urban and rural covered recipients, associations that represent public transit agencies, representatives from at least 3 different organizations engaged in collective bargaining on behalf of transit workers in not fewer than 3 States, mobility on demand providers, and mobility as a service technology providers.

“(5) Publication of proposed regulations—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 18 months after such date of enactment.

“(6) Extension of deadlines—A deadline set forth in paragraph (4) may be extended up to 180 days if the negotiated rulemaking committee referred to in paragraph (5) concludes that the committee cannot meet the deadline and the Secretary so notifies the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

“(g) Application of recipient vehicle revenue miles—With respect to vehicle revenue miles with one passenger of a covered recipient using amounts under this section, such miles—

“(1) shall be included in the National Transit Database under section 5335; and

“(2) shall be excluded from vehicle revenue miles data used in the calculation described in section 5336.

“(h) Savings clause—Subsection (c)(2) and subsection (g) shall not apply to any eligible activities under this section if such activities are—

“(1) being carried out in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or

“(2) projects eligible under section 5310 that exceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

“(i) Definitions—In this section:

“(1) Covered recipient—The term covered recipient means a State or local government entity, private nonprofit organization, or Tribe that—

“(A) operates a public transportation service; and

“(B) is a recipient or subrecipient of funds under section 5307, 5310, or 5311.

“(2) Deadhead vehicle miles—The term deadhead vehicle miles means the miles that a vehicle travels when out of revenue service, including leaving or returning to the garage or yard facility, changing routes, when there is no expectation of carrying revenue passengers, and any miles traveled by a private operator without a passenger.

“(3) Mobility as a service—The term mobility as a service means services that constitute the integration of mobility on demand services and public transportation that are available and accessible to all travelers, provide multimodal trip planning, and a unified payment system.

“(4) Mobility on demand—The term mobility on demand means an on-demand transportation service shared among individuals, either concurrently or one after another.”

Section 5311 of title 49, United States Code, is amended—

“(D) Census designation—The Secretary may approve a State program that allocates not more than 5 percent of such State’s apportionment to assist rural areas that were redesignated as urban areas not more than 2 fiscal years after the last census designation of urbanized area boundaries.”

“(B) Land area

“(i) In general—Subject to clause (ii), each State shall receive an amount that is equal to 15 percent of the amount apportioned under this paragraph, multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population.

“(ii) Maximum apportionment—No State shall receive more than 5 percent of the amount apportioned under clause (i).

“(C) Population—Each State shall receive an amount equal to 50 percent of the amount apportioned under this paragraph, multiplied by the ratio of the population of rural areas in that State and divided by the population of all rural areas in the United States, as shown by the most recent decennial census of population.

“(D) Vehicle revenue miles

“(i) In general—Subject to clause (ii), each State shall receive an amount that is equal to 25 percent of the amount apportioned under this paragraph, multiplied by the ratio of vehicle revenue miles in rural areas in that State and divided by the vehicle revenue miles in all rural areas in the United States, as determined by national transit database reporting.

“(ii) Maximum apportionment—No State shall receive more than 5 percent of the amount apportioned under clause (i).

“(E) Low-income individuals—Each State shall receive an amount that is equal to 10 percent of the amount apportioned under this paragraph, multiplied by the ratio of low-income individuals in rural areas in that State and divided by the number of low-income individuals in all rural areas in the United States, as shown by the Bureau of the Census.”

added “(3) Meaningful connections—All projects funded under this subsection shall directly serve, or make meaningful scheduled connections to, the national intercity bus network.”

“(6) Allowance for volunteer hours

“(A) Applicable regulations—For any funds provided by a department or agency of the Government under paragraph (3)(D) or by a service agreement under paragraph (3)(C), and such department or agency has regulations in place that provide for the valuation of volunteer hours as allowable in-kind contributions toward the non-Federal share of project costs, such regulations shall be used to determine the allowable valuation of volunteer hours as an in-kind contribution toward the non-Federal remainder of net project costs for a transit project funded under this section.

“(B) Limitations—Subparagraph (A) shall not apply to the provision of fixed-route bus services funded under this section.”

“5320. Buy America

“(a) In general—The Secretary may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States.

“(b) Waiver—The Secretary may waive subsection (a) if the Secretary finds that—

“(1) applying subsection (a) would be inconsistent with the public interest;

“(2) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;

“(3) when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter—

“(A) the cost of components and subcomponents produced in the United States is more than 70 percent of the cost of all components of the rolling stock; and

“(B) final assembly of the rolling stock has occurred in the United States; or

“(4) including domestic material will increase the cost of the overall project by more than 25 percent.

“(c) Written waiver determination and annual report

“(1) Waiver procedure—Not later than 120 days after the submission of a request for a waiver, the Secretary shall make a determination under subsection (b)(1), (b)(2), or (b)(4) as to whether to waive subsection (a).

“(2) Public notification and comment

“(A) In general—Not later than 30 days before making a determination regarding a waiver described in paragraph (1), the Secretary shall provide notification and an opportunity for public comment on the request for such waiver.

“(B) Notification requirements—The notification required under subparagraph (A) shall—

“(i) describe whether the application is being made for a waiver described in subsection (b)(1), (b)(2) or (b)(4); and

“(ii) be provided to the public by electronic means, including on a public website of the Department of Transportation.

“(3) Determination—Before a determination described in paragraph (1) takes effect, the Secretary shall publish a detailed justification for such determination that addresses all public comments received under paragraph (2)—

“(A) on the public website of the Department of Transportation; and

“(B) if the Secretary issues a waiver with respect to such determination, in the Federal Register.

“(4) Annual report—Annually, 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 a report listing any waiver issued under paragraph (1) during the preceding year.

“(d) Rolling stock waiver conditions

“(1) Labor costs for final assembly—In this section, highly skilled labor costs involved in final assembly shall be included as a separate component in the cost of components and subcomponents under subsection (b)(3)(A).

“(2) High domestic content component bonus—In this section, in calculating the domestic content of the rolling stock under subsection (b)(3)(A), the percent, rounded to the nearest whole number, of the domestic content in components of such rolling stock, weighted by cost, shall be used in calculating the domestic content of the rolling stock, except—

“(A) with respect to components that exceed—

“(i) 70 percent domestic content, the Secretary shall add 10 additional percent to the component’s domestic content when calculating the domestic content of the rolling stock; and

“(ii) 75 percent domestic content, the Secretary shall add 15 additional percent to the component’s domestic content when calculating the domestic content of the rolling stock; and

“(B) in no case may a component exceed 100 percent domestic content when calculating the domestic content of the rolling stock.

“(3) Rolling stock frames or car shells

“(A) Inclusion of costs—Subject to the substantiation requirement of subparagraph (B), in calculating the cost of the domestic content of the rolling stock under subsection (b)(3), in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than $300,000, if rolling stock frames or car shells are not produced in the United States, the Secretary shall include in the calculation of the domestic content of the rolling stock the cost of the steel or iron that is produced in the United States and used in the rolling stock frames or car shells.

“(B) Substantiation—If a rolling stock vehicle manufacturer wishes to include in the calculation of the vehicle’s domestic content the cost of steel or iron produced in the United States and used in the rolling stock frames and car shells that are not produced in the United States, the manufacturer shall maintain and provide upon request a mill certification that substantiates the origin of the steel or iron.

“(4) Treatment of waived components and subcomponents—In this section, a component or subcomponent waived under subsection (b) shall be excluded from any part of the calculation required under subsection (b)(3)(A).

“(5) Zero-emission vehicle domestic battery cell incentive—The Secretary shall add 2.5 percent to the total domestic content when calculating the domestic content of the rolling stock for any zero-emission vehicle that uses only battery cells for propulsion that are manufactured domestically.

“(6) Prohibition on double counting

“(A) In general—No labor costs included in the cost of a component or subcomponent by the manufacturer of rolling stock may be treated as rolling stock assembly costs for purposes of calculating domestic content.

“(B) Violation—A violation of this paragraph shall be treated as a false claim under subchapter III of chapter 37 of title 31.

“(7) Definition of highly skilled labor costs—In this subsection, the term highly skilled labor costs—

“(A) means the apportioned value of direct wage compensation associated with final assembly activities of workers directly employed by a rolling stock original equipment manufacturer and directly associated with the final assembly activities of a rolling stock vehicle that advance the value or improve the condition of the end product;

“(B) does not include any temporary or indirect activities or those hired via a third-party contractor or subcontractor;

“(C) are limited to metalworking, fabrication, welding, electrical, engineering, and other technical activities requiring training;

“(D) are not otherwise associated with activities required under section 661.11 of title 49, Code of Federal Regulations; and

“(E) includes only activities performed in the United States and does not include that of foreign nationals providing assistance at a United States manufacturing facility.

“(e) Certification of domestic supply and disclosure

“(1) Certification of domestic supply—If the Secretary denies an application for a waiver under subsection (b)(2), the Secretary shall provide to the applicant a written certification that—

“(A) the steel, iron, or manufactured goods, as applicable, (referred to in this paragraph as the “item”) is produced in the United States in a sufficient and reasonably available amount;

“(B) the item produced in the United States is of a satisfactory quality; and

“(C) includes a list of known manufacturers in the United States from which the item can be obtained.

“(2) Disclosure—The Secretary shall disclose the waiver denial and the written certification to the public in the manner described in subsection (c).

“(f) Waiver prohibited—The Secretary may not make a waiver under subsection (b) for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country—

“(1) has an agreement with the United States Government under which the Secretary has waived the requirement of this section; and

“(2) has violated the agreement by discriminating against goods to which this section applies that are produced in the United States and to which the agreement applies.

“(g) Penalty for mislabeling and misrepresentation—A person is ineligible under subpart 9.4 of the Federal Acquisition Regulation, or any successor thereto, to receive a contract or subcontract made with amounts authorized under title II of division B of the INVEST in America Act if a court or department, agency, or instrumentality of the Government decides the person intentionally—

“(1) affixed a “Made in America” label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this section applies but not produced in the United States; or

“(2) represented that goods described in paragraph (1) were produced in the United States.

“(h) State requirements—The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those State-imposed requirements.

“(i) Opportunity To correct inadvertent error—The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.

“(j) Administrative review—A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.

“(k) Steel and iron—For purposes of this section, steel and iron meeting the requirements of section 661.5(b) of title 49, Code of Federal Regulations, may be considered produced in the United States.

“(l) Definition of small purchase—For purposes of determining whether a purchase qualifies for a general public interest waiver under subsection (b)(1), including under any regulation promulgated under such subsection, the term small purchase means a purchase of not more than $150,000.

“(m) Preaward and postdelivery review of rolling stock purchases

“(1) In general—The Secretary shall prescribe regulations requiring a preaward and postdelivery certification of a rolling stock vehicle that meets the requirements of this section and Government motor vehicle safety requirements to be eligible for a grant under this chapter. For compliance with this section—

“(A) Federal inspections and review are required;

“(B) a manufacturer certification is not sufficient; and

“(C) a rolling stock vehicle that has been certified by the Secretary remains certified until the manufacturer makes a material change to the vehicle, or adjusts the cost of all components of the rolling stock, that reduces, by more than half, the percentage of domestic content above 70 percent.

“(2) Certification of percentage

“(A) In general—The Secretary may, at the request of a component or subcomponent manufacturer, certify the percentage of domestic content and place of manufacturing for a component or subcomponent.

“(B) Period of certification—Any component or subcomponent certified by the Secretary shall remain certified until the manufacturer makes a material change to the domestic content or the place of manufacturing of such component or subcomponent.

“(3) Freedom of information act—In carrying out this subsection, the Secretary shall apply the provisions of section 552 of title 5, including subsection (b)(4) of such section.

“(4) Noncompliance—The Secretary shall prohibit recipients from procuring rolling stock, components, or subcomponents from a supplier that intentionally provides false information to comply with this subsection.

“(n) Scope—The requirements of this section apply to all contracts for a public transportation project carried out within the scope of the applicable finding, determination, or decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source of such contracts, if at least one contract for the public transportation project is funded with amounts made available to carry out this chapter.

“(o) Buy America conformity—The Secretary shall ensure that all Federal funds for new commuter rail projects shall comply with this section and shall not be subject to section 22905(a).

“(p) Audits and reporting of waste, fraud, and abuse

“(1) In general—The Inspector General of the Department of Transportation shall conduct an annual audit on certifications under subsection (m) regarding compliance with Buy America.

“(2) Report fraud, waste, and abuse—The Secretary shall display a “Report Fraud, Waste, and Abuse” button and link to Department of Transportation’s Office of Inspector General Hotline on the Federal Transit Administration’s Buy America landing page.

“(3) Contract requirement—The Secretary shall require all recipients who enter into contracts to purchase rolling stock with funds provided under this chapter to include in such contract information on how to contact the Department of Transportation’s Office of Inspector General Hotline to report suspicions of fraud, waste, and abuse.

“(q) Passenger motor vehicles

“(1) In general—Any domestically manufactured passenger motor vehicle shall be considered to be produced in the United States under this section.

“(2) Domestically manufactured passenger motor vehicle—In this subsection, the term domestically manufactured passenger motor vehicle means any passenger motor vehicle, as such term is defined in section 32304(a) that—

“(A) has under section 32304(b)(1)(B) its final assembly place in the United States; and

“(B) the percentage (by value) of passenger motor equipment under section 32304(b)(1)(A) equals or exceeds 60 percent value added.

“(r) Rolling stock components and subcomponents—No bus shell, railcar frame, or other component or subcomponent that is primarily made of steel or iron shall be treated as produced in the United States for purposes of subsection (b)(3) or determined to be of domestic origin under section 661.11 of title 49, Code of Federal Regulations, if the material inputs of such component or subcomponent were imported into the United States and the processes performed in the United States on the imported articles would not result in a change in the article’s classification to chapter 86 or 87 of the Harmonized Tariff Schedule of the United States from another chapter or a new heading of any chapter from the heading under which the article was classified upon entry.

changed “(s) Treatment of steel and iron components as produced in the United States—Notwithstanding any other provision of any law or any rule, regulation, or policy of the Federal Transit Administration, steel and iron components of a system, as defined in section 661.3 of title 49, Code of Federal Regulations, and of manufactured end products referred to in Appendix A of such section, may not be considered to be produced in the United States unless such components meet the requirements of section 661.5(b) of title 49, Code of Federal Regulations.”Regulations.

added “(t) Requirement for transit agencies—Notwithstanding the provisions of this section, if a transit agency accepts Federal funds, such agency shall adhere to the requirements of this section in procuring rolling stock.”

changed Section 5323 of title 49, United States Code, as is amended by adding at the end the following:

“(x) Bus procurement streamlining

“(1) In general—The Secretary may only obligate amounts for acquisition of buses under this chapter to a recipient that issues a request for proposals for an open market procurement that meets the following criteria:

“(A) Such request for proposals is limited to performance specifications, except for components or subcomponents identified in the negotiated rulemaking carried out pursuant to this subsection.

“(B) Such request for proposals does not seek any alternative design or manufacture specification of a bus offered by a manufacturer, except to require a component or subcomponent identified in the negotiated rulemaking carried out pursuant to this subsection.

“(2) Specific bus component negotiated rulemaking

“(A) Initiation—Not later than 120 days after the date of enactment of the INVEST in America Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and issue such regulations as are necessary to establish as limited a list as is practicable of bus components and subcomponents described in subparagraph (B).

“(B) List of components—The regulations required under subparagraph (A) shall establish a list of bus components and subcomponents that may be specified in a request for proposals described in paragraph (1) by a recipient. The Secretary shall ensure the list is limited in scope and limited to only components and subcomponents that cannot be selected with performance specifications to ensure interoperability.

“(C) Publication of proposed regulations—Proposed regulations to implement this section shall be published in the Federal Register by the Secretary not later than 18 months after such date of enactment.

“(D) Committee—A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this paragraph shall have a maximum of 11 members limited to representatives of the Department of Transportation, urban and rural recipients (including State government recipients), and transit vehicle manufacturers.

“(E) Extension of deadlines—A deadline set forth in subparagraph (C) may be extended up to 180 days if the negotiated rulemaking committee referred to in subparagraph (D) concludes that the committee cannot meet the deadline and the Secretary so notifies the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

“(3) Savings clause—Nothing in this section shall be construed to provide additional authority for the Secretary to restrict what a bus manufacturer offers to sell to a public transportation agency.”

“(C) Nonrail rolling stock—Notwithstanding subparagraph (B) of paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5339, a recipient shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rolling stock for use in public transportation with a rolling stock manufacturer described in paragraph (1).”

“(D) the term zero emission bus means a bus that is a zero emission vehicle;”

“(E) the term zero emission vehicle means a vehicle used to provide public transportation that produces no carbon dioxide or particulate matter;”

“(G) the term priority area means an area that is—

“(i) designated as a nonattainment area for ozone or particulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d));

“(ii) a maintenance area, as such term is defined in section 5303, for ozone or particulate matter; or

“(iii) in a State that has enacted a statewide zero emission bus transition requirement, as determined by the Secretary; and”

“(H) the term low-income community means any population census tract if—

“(i) the poverty rate for such tract is at least 20 percent; or

“(ii) in the case of a tract—

“(I) not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income; or

“(II) located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the greater statewide median family income or the metropolitan area median family income.”

“(5) Grant eligibility—In awarding grants under this subsection, the Secretary shall make grants to eligible projects relating to the acquisition or leasing of equipment for zero-emission buses or zero-emission buses—

“(A) that procure—

“(i) at least 10 zero emission buses;

“(ii) if the recipient operates less than 50 buses in peak service, at least 5 zero emission buses; or

“(iii) hydrogen buses;

“(B) for which the recipient’s board of directors has approved a long-term integrated fleet management plan that—

“(i) establishes—

“(I) a goal by a set date to convert the entire bus fleet to zero emission buses; or

“(II) a goal that within 10 years from the date of approval of such plan the recipient will convert a set percentage of the total bus fleet of such recipient to zero emission buses; and

added “(ii) examines the impact of the transition on the applicant’s current workforce, by identifying skills gaps, training needs, and retraining needs of the existing workers of such applicant to operate and maintain zero-emission vehicles and related infrastructure, and avoids the displacement of the existing workforce; and

removed “(ii) examines the impact of the transition on the applicant’s current workforce, with a goal of identifying skills gaps, retraining existing workers to operate and maintain zero-emission vehicles and related infrastructure, and avoiding the displacement of the existing workforce; and

“(C) for which the recipient has performed a fleet transition study that includes optimal route planning and an analysis of how utility rates may impact the recipient’s operations and maintenance budget.”

“(8) Low and moderate community grants—Not less than 10 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects serving predominantly low-income communities.

“(9) Priority set-aside—Of the amounts made available under this subsection in a fiscal year, not less than—

“(A) 20 percent shall be distributed to applicants in priority areas; and

“(B) 10 percent shall be distributed to applicants not located in priority areas whose board of directors have approved a long-term integrated fleet management plan that establishes a goal to convert 100 percent of their bus fleet to zero-emission buses within 15 years.”

“(9) Maintenance area—The term maintenance area has the meaning given the term in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a).”

Section 5339 of title 49, United States Code, is amended by adding at the end the following:

“(d) Restoration to state of good repair formula subgrant

“(1) General authority—The Secretary may make grants under this subsection to assist eligible recipients and subrecipients described in paragraph (2) in financing capital projects to replace, rehabilitate, and purchase buses and related equipment.

“(2) Eligible recipients and subrecipients—Not later than September 1 annually, the Secretary shall make public a list of eligible recipients and subrecipients based on the most recent data available in the National Transit Database to calculate the 20 percent of eligible recipients and subrecipients with the highest percentage of asset vehicle miles for buses beyond the useful life benchmark established by the Federal Transit Administration.

“(3) Urban apportionments—Funds allocated under section 5338(a)(2)(L)(ii) shall be—

“(A) distributed to—

changed “(i) designated recipients in an urbanized area with a population of more than at least 200,000 made eligible by paragraph (1); and

“(ii) States based on subrecipients made eligible by paragraph (1) in an urbanized area under 200,000; and

“(B) allocated pursuant to the formula set forth in section 5336 other than subsection (b), using the data from the 20 percent of eligible recipients and subrecipients.

“(4) Rural allocation—The Secretary shall—

“(A) calculate the percentage of funds under section 5338(a)(2)(L)(ii) to allocate to rural subrecipients by dividing—

“(i) the asset vehicle miles for buses beyond the useful life benchmark (established by the Federal Transit Administration) of the rural subrecipients described in paragraph (2); by

“(ii) the total asset vehicle miles for buses beyond such benchmark of all eligible recipients and subrecipients described in paragraph (2); and

“(B) prior to the allocation described in paragraph (3)(B), apportion to each State the amount of the total rural allocation calculated under subparagraph (A) attributable to such State based the proportion that—

“(i) the asset vehicle miles for buses beyond the useful life benchmark (established by the Federal Transit Administration) for rural subrecipients described in paragraph (2) in such State; bears to

“(ii) the total asset vehicle miles described in subparagraph (A)(i).

“(5) Application of other provisions—Paragraphs (3), (7), and (8) of subsection (a) shall apply to eligible recipients and subrecipients described in paragraph (2) of a grant under this subsection.

“(6) Prohibition—No eligible recipient or subrecipient outside the top 5 percent of asset vehicle miles for buses beyond the useful life benchmark established by the Federal Transit Administration may receive a grant in both fiscal year 2023 and fiscal year 2024.

“(7) Requirement—The Secretary shall require—

“(A) States to expend, to the benefit of the subrecipients eligible under paragraph (2), the apportioned funds attributed to such subrecipients; and

“(B) designated recipients to provide the allocated funds to the recipients eligible under paragraph (2) the apportioned funds attributed to such recipients.”

Section 5339 of title 49, United States Code, is amended by adding at the end the following:

“(e) Workforce development training grants

“(1) In general—Not less than 12.5 percent of funds authorized to be made available for subsection (c) shall be available to fund workforce development training eligible under section 5314(b)(2) (including registered apprenticeships and other labor-management training programs), related to operations or maintenance of zero emission vehicles.

“(2) Eligible recipients—Recipients eligible under subsection (c) shall be eligible to receive a grant under this subsection.

changed “(3) Federal share—The Federal share of the cost of an eligible project carried out under this subsection shall be 100 percent.”percent.

added “(4) Prioritization—In making grants under this subsection, the Secretary shall prioritize applications that jointly fund training as part of a vehicle procurement application under subsection (c).”

Section 5336(j) of title 49, United States Code, is amended—

“(3) 30 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that—

“(A) the number of individuals in each such urbanized area residing in an urban census tract with a poverty rate of at least 20 percent during the 5 years most recently ending; bears to

changed “(B) the number of individuals in all such urbanized areas residing in an urban census tract with a poverty rate of at least 20 percent during the 5 years most recently ending; andending.

“(4) 7.5 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population less than 200,000 in the ratio that—

“(A) the number of individuals in each such urbanized area residing in an urban census tract with a poverty rate of at least 20 percent during the 5 years most recently ending; bears to

“(B) the number of individuals in all such areas residing in an urban census tract with a poverty rate of at least 20 percent during the 5 years most recently ending.”

Section 5312 of title 49, United States Code, is amended by adding at the end the following:

“(j) Demonstration grants To support reduced fare transit

“(1) In general—Not later than 300 days after the date of enactment of the INVEST in America Act, the Secretary shall award grants (which shall be known as “Access to Jobs Grants”) to eligible entities, on a competitive basis, to implement reduced fare transit service.

“(2) Notice—Not later than 180 days after the date of enactment of the INVEST in America Act, the Secretary shall provide notice to eligible entities of the availability of grants under paragraph (1).

“(3) Application—To be eligible to receive a grant under this subsection, an eligible recipient shall submit to the Secretary an application containing such information as the Secretary may require, including, at a minimum, the following:

“(A) A description of how the eligible entity plans to implement reduced fare transit access with respect to low-income individuals, including any eligibility requirements for such transit access.

“(B) A description of how the eligible entity will consult with local community stakeholders, labor unions, local education agencies and institutions of higher education, public housing agencies, and workforce development boards in the implementation of reduced fares.

“(C) A description of the eligible entity’s current fare evasion enforcement policies, including how the eligible entity plans to use the reduced fare program to reduce fare evasion.

“(D) An estimate of additional costs to such eligible entity as a result of reduced transit fares.

“(E) A plan for a public awareness campaign of the transit agency’s ability to provide reduced fares, including in foreign languages, based on—

“(i) data from the Bureau of the Census, consistent with the local area demographics where the transit agency operates, including the languages that are most prevalent and commonly requested for translation services; or

“(ii) qualitative and quantitative observation from community service providers including those that provide health and mental health services, social services, transportation, and other relevant social services.

“(F) Projected impacts on ridership.

“(G) Projected benefits in closing transit equity gaps.

added “(H) Projected impact on the ability of students to access education or workforce training programs.

“(4) Grant duration—Grants awarded under this subsection shall be for a 2-year period.

“(5) Selection of eligible recipients—In carrying out the program under this subsection, the Secretary shall award not more than 20 percent of grants to eligible entities located in rural areas.

“(6) Uses of funds—An eligible entity receiving a grant under this subsection shall use such grant to implement a reduced fare transit program and offset lost fare revenue.

“(7) Rule of construction—Nothing in this section shall be construed to limit the eligibility of an applicant if a State, local, or Tribal governmental entity provides reduced fare transportation to low-income individuals.

“(8) Definitions—In this subsection:

“(A) Eligible entity—The term eligible entity means a State, local, or Tribal governmental entity that operates a public transportation service and is a recipient or subrecipient of funds under this chapter.

“(B) Low-income individual—The term low-income individual means an individual—

“(i) that has qualified for—

“(I) any program of medical assistance under a State plan or under a waiver of the plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);

“(II) supplemental nutrition assistance program (SNAP) under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);

“(III) the program of block grants for States for temporary assistance for needy families (TANF) established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);

“(IV) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

“(V) a housing voucher through section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o));

“(VI) benefits under the Low-Income Home Energy Assistance Act of 1981;

“(VII) special supplemental food program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); or

removed “(VIII) a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); or

changed “(ii) whose family income is at or below “(VIII) a set percent (as determined by the eligible recipient) of the poverty line (as that term is defined in Federal Pell Grant under section 673(2) 401 of the Community Service Block Grant Higher Education Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved.1965 (20 U.S.C. 1070a);

added “(ii) whose family income is at or below a set percent (as determined by the eligible recipient) of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved; or

added “(iii) that is a low-income veteran or member of the military.

“(9) Report—The Secretary shall designate a university transportation center under section 5505 to collaborate with the eligible entities receiving a grant under this subsection to collect necessary data to evaluate the effectiveness of meeting the targets described in the application of such recipient, including increased ridership, impacts on fare evasion, and progress towards significantly closing transit equity gaps.”

Section 5329 of title 49, United States Code, is amended—

“(III) innovations in driver assistance technologies and driver protection infrastructure where appropriate, and a reduction in visibility impairments that contribute to pedestrian fatalities;”

changed “(D) in consultation with the Secretary of the Department of Health and Human Services, precautionary and reactive actions required to ensure public and personnel safety and health during an emergency as defined in section 5324.”5324;”

“(G) a comprehensive staff training program for the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes—

“(i) the completion of a safety training program;

“(ii) continuing safety education and training; and

“(iii) de-escalation training;

“(H) a requirement that the safety committee only approve a safety plan under subparagraph (A) if such plan stays within such recipient’s fiscal budget; and

“(I) a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers using data submitted to the National Transit Database, including—

“(i) a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and

added “(ii) transit worker assault mitigation, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into bus operators’ workstations when a recipient’s risk analysis performed by the safety committee established in paragraph (4) determines that such barriers or other measures would reduce assaults on and injuries to transit workers.”

removed “(ii) transit worker assault mitigation, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into bus operators’ workstations when a recipient’s risk analysis performed by the safety committee established in paragraph (4) determines that such barriers or other measures would reduce assaults on and injuries to transit workers; and”

“(4) Safety committee—For purposes of the approval process of an agency safety plan under paragraph (1), the safety committee shall be convened by a joint labor-management process and consist of an equal number of—

“(A) frontline employee representatives, selected by the labor organization representing the plurality of the frontline workforce employed by the recipient or if applicable a contractor to the recipient; and

“(B) employer or State representatives.”

“5341. U.S. Employment Plan

“(a) Definitions—In this section:

“(1) Commitment to high-quality career and business opportunities—The term commitment to high-quality career and business opportunities means participation in a registered apprenticeship program.

changed “(2) Covered infrastructure program—The term covered infrastructure program means any activity under a program or project under this chapter for the purchase or acquisition of rolling stock.

“(3) U.S. Employment Plan—The term U.S. Employment Plan means a plan under which an entity receiving Federal assistance for a project under a covered infrastructure program shall—

“(A) include in a request for proposal an encouragement for bidders to include, with respect to the project—

“(i) high-quality wage, benefit, and training commitments by the bidder and the supply chain of the bidder for the project; and

“(ii) a commitment to recruit and hire individuals described in subsection (e) if the project results in the hiring of employees not currently or previously employed by the bidder and the supply chain of the bidder for the project;

“(B) give preference for the award of the contract to a bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A); and

“(C) ensure that each bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A) that is awarded a contract complies with those commitments.

“(4) Registered apprenticeship program—The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019.

“(b) Best-Value framework—To the maximum extent practicable, a recipient of assistance under a covered infrastructure program is encouraged—

“(1) to ensure that each dollar invested in infrastructure uses a best-value contracting framework to maximize the local value of federally funded contracts by evaluating bids on price and other technical criteria prioritized in the bid, such as—

“(A) equity;

“(B) environmental and climate justice;

“(C) impact on greenhouse gas emissions;

“(D) resilience;

“(E) the results of a 40-year life-cycle analysis;

“(F) safety;

“(G) commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs (as defined in subsection (a)(3)) for disadvantaged or underrepresented individuals in infrastructure industries in the United States; and

“(H) access to jobs and essential services by all modes of travel for all users, including individuals with disabilities; and

“(2) to ensure community engagement, transparency, and accountability in carrying out each stage of the project.

“(c) Preference for registered apprenticeship programs—To the maximum extent practicable, a recipient of assistance under a covered infrastructure program, with respect to the project for which the assistance is received, shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs.

“(d) Use of U.S. employment plan—Notwithstanding any other provision of law, in carrying out a project under a covered infrastructure program that receives assistance under this chapter, the recipient shall use a U.S. Employment Plan for each contract of $10,000,000 or more for the purchase of manufactured goods or of services, based on an independent cost estimate.

“(e) Priority—The Secretary shall ensure that the entity carrying out a project under the covered infrastructure program gives priority to—

“(1) individuals with a barrier to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), including ex-offenders and disabled individuals;

“(2) veterans; and

“(3) individuals that represent populations that are traditionally underrepresented in the infrastructure workforce, such as women and racial and ethnic minorities.

“(f) Report—Not less frequently than once each fiscal year, the Secretary shall jointly submit to Congress a report describing the implementation of this section.

“(g) Intent of Congress

“(1) In general—It is the intent of Congress—

“(A) to encourage recipients of Federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection (b) for the purchase of goods and services;

“(B) to encourage recipients of Federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs as described in subsection (c) when evaluating bids for projects using that assistance;

“(C) to require that recipients of Federal assistance under covered infrastructure programs use the U.S. Employment Plan in carrying out the project for which the assistance was provided; and

“(D) that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption, favoritism, and unfair treatment by recipient agencies.

“(2) Inclusion—A best-value contracting framework described in subsection (b) is a framework that authorizes a recipient of Federal assistance under a covered infrastructure program, in awarding contracts, to evaluate a range of factors, including price, the quality of products, the quality of services, and commitments to the creation of good jobs for all people in the United States.”

changed Section 5314(a) of title 49, Unites United States Code, is amended—

“(I) provide innovation and capacity-building to rural and tribal public transportation recipients that do not duplicate the activities of sections 5311(b) or 5312; and”

changed “(4) Availability of amounts—Of the amounts made available to carry out this section under section 5338(c), 5338(a)(2)(G)(i), $1,500,000 shall be available to carry out activities described in paragraph (2)(I).”

“5328. Transit-supportive communities

“(a) Establishment—The Secretary shall establish within the Federal Transit Administration, an Office of Transit-Supportive Communities to make grants, provide technical assistance, and assist in the coordination of transit and housing policies within the Federal Transit Administration, the Department of Transportation, and across the Federal Government.

“(b) Transit Oriented Development Planning Grant Program

“(1) Definition—In this subsection the term eligible project means—

“(A) a new fixed guideway capital project or a core capacity improvement project as defined in section 5309;

“(B) an existing fixed guideway system, or an existing station that is served by a fixed guideway system; or

“(C) the immediate corridor along the highest 25 percent of routes by ridership as demonstrated in section 5336(b)(2)(B).

“(2) General authority—The Secretary may make grants under this subsection to a State, local governmental authority, or metropolitan planning organization to assist in financing comprehensive planning associated with an eligible project that seeks to—

“(A) enhance economic development, ridership, equity, reduction of greenhouse gas emissions, or other goals established during the project development and engineering processes or the grant application;

“(B) facilitate multimodal connectivity and accessibility;

“(C) increase access to transit hubs for pedestrian and bicycle traffic;

“(D) enable mixed-use development;

“(E) identify infrastructure needs associated with the eligible project; and

“(F) include private sector participation.

“(3) Eligibility—A State, local governmental authority, or metropolitan planning organization that desires to participate in the program under this subsection shall submit to the Secretary an application that contains at a minimum—

“(A) an identification of an eligible project;

“(B) a schedule and process for the development of a comprehensive plan;

“(C) a description of how the eligible project and the proposed comprehensive plan advance the metropolitan transportation plan of the metropolitan planning organization;

“(D) proposed performance criteria for the development and implementation of the comprehensive plan;

“(E) a description of how the project will advance equity and reduce and mitigate social and economic impacts on existing residents and businesses and communities historically excluded from economic opportunities vulnerable to displacement; and

“(F) identification of—

“(i) partners;

“(ii) availability of and authority for funding; and

“(iii) potential State, local or other impediments to the implementation of the comprehensive plan.

“(4) Cost share—A grant under this subsection shall not exceed an amount in excess of 80 percent of total project costs, except that a grant that includes an affordable housing component shall not exceed an amount in excess of 90 percent of total project costs.

changed “(c) Technical assistance—The Secretary shall provide technical assistance to States, local governmental authorities, and metropolitan planning organizations in the planning and development of transit-oriented development projects and transit supportive transit-supportive corridor policies, including—

“(1) the siting, planning, financing, and integration of transit-oriented development projects;

“(2) the integration of transit-oriented development and transit-supportive corridor policies in the preparation for and development of an application for funding under section 602 of title 23;

changed “(3) the siting, planning, financing, and integration of transit-oriented development and transit supportive transit-supportive corridor policies associated with projects under section 5309;

“(4) the development of housing feasibility assessments as allowed under section 5309(g)(3)(B);

“(5) the development of transit-supportive corridor policies that promote transit ridership and transit-oriented development;

“(6) the development, implementation, and management of land value capture programs; and

“(7) the development of model contracts, model codes, and best practices for the implementation of transit-oriented development projects and transit-supportive corridor policies.

“(d) Value capture policy requirements

“(1) Value capture policy—Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development.

“(2) Report—Not later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development.

changed “(d) “(e) Equity—In providing technical assistance under subsection (c), the Secretary shall incorporate strategies to promote equity for underrepresented and underserved communities, including—

“(1) preventing displacement of existing residents and businesses;

“(2) mitigating rent and housing price increases;

“(3) incorporating affordable rental and ownership housing in transit-oriented development;

changed “(4) engaging under-served, limited English proficiency, low income, low-income, and minority communities in the planning process;

“(5) fostering economic development opportunities for existing residents and businesses; and

“(6) targeting affordable housing that help lessen homelessness.

changed “(d) “(f) Authority To request staffing assistance—In fulfilling the duties of this section, the Secretary shall, as needed, request staffing and technical assistance from other Federal agencies, programs, administrations, boards, or commissions.

changed “(e) “(g) Review existing policies and programs—Not later than 24 months after the date of enactment of this section, the Secretary shall review and evaluate all existing policies and programs within the Federal Transit Administration that support or promote transit-oriented development to ensure their coordination and effectiveness relative to the goals of this section.

changed “(f) “(h) Reporting—Not later than February 1 of each year beginning the year after the date of enactment of this section, the Secretary shall prepare a report detailing the grants and technical assistance provided under this section, the number of affordable housing units constructed or planned as a result of projects funded in this section, and the number of affordable housing units constructed or planned as a result of a property transfer under section 5334(h)(1). The report shall be provided to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

changed “(g) “(i) Savings clause—Nothing in this section authorizes the Secretary to provide any financial assistance for the construction of housing.

changed “(h) “(j) Priority for low-Income areas—In awarding grants under this section, the Secretary shall give priority to projects under this section that expand or build transit in low-income areas or that provide access to public transportation to low-income areas that do not have access to public transportation.”

Section 5334(h)(1) of title 49, United States Code, is amended to read as follows:

“(1) In general—If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to—

“(A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—

“(i) the asset will remain in public use for at least 5 years after the date the asset is transferred;

“(ii) there is no purpose eligible for assistance under this chapter for which the asset should be used;

“(iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and

“(iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or

“(B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—

“(i) the asset is a necessary component of a proposed transit-oriented development project;

“(ii) the transit-oriented development project will increase transit ridership;

changed “(iii) at least 40 percent of the housing units offered in the transit-oriented development , development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and/or owners with incomes at or below 60 percent the area median income;

“(iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and

“(v) with respect to a transfer to a third party entity—

“(I) a local government authority or nonprofit organization is unable to receive the property;

“(II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and

“(III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.”

Section 5312(d) of title 49, United States Code, is further amended by adding at the end the following:

“(4) Transit bus operator compartment redesign program

“(A) In general—The Secretary may make funding available under this subsection to carry out research on redesigning transit bus operator compartments to improve safety, operational efficiency, and passenger accessibility.

“(B) Objectives—Research objectives under this paragraph shall include—

“(i) increasing bus operator safety from assaults;

“(ii) optimizing operator visibility and reducing operator distractions to improve safety of bus passengers, pedestrians, bicyclists, and other roadway users;

“(iii) expanding passenger accessibility for positive interactions between operators and passengers, including assisting passengers in need of special assistance;

changed “(iv) accommodating compliance for passenger boarding, alighting, and securement consistent with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and

“(v) improving ergonomics to reduce bus operator work-related health issues and injuries, as well as locate key instrument and control interfaces to improve operational efficiency and convenience.

“(C) Activities—Eligible activities under this paragraph shall include—

“(i) measures to reduce visibility impairments and distractions for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments and distractions;

“(ii) the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into bus operators’ workstations;

changed “(iii) technologies to improve passenger accessibility, including boarding, alighting, and securement in compliance consistent with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

“(iv) installation of seating and modification to design specifications of bus operator workstations that reduce or prevent injuries from ergonomic risks; or

“(v) other measures that align with the objectives under subparagraph (B).

“(D) Eligible entities—Entities eligible to receive funding under this paragraph shall include consortia consisting of, at a minimum:

“(i) recipients of funds under this chapter that provide public transportation services;

“(ii) transit vehicle manufacturers;

“(iii) representatives from organizations engaged in collective bargaining on behalf of transit workers in not fewer than three States; and

“(iv) any nonprofit institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).”

Section 5312 of title 49, United States Code, as amended in section 2503 and 2803, is further amended—

“(6) Zero emission vehicle defined—In this subsection, the term zero emission vehicle means a passenger vehicle used to provide public transportation that produces no carbon or particulate matter.”

“(B) the term zero emission vehicle has the meaning given such term in subsection (e)(6);”

Section 5309 of title 49, United States Code, as amended by section 2703 of this Act, is further amended—

“(D) Optional project development activities—An applicant may perform cost and schedule risk assessments with technical assistance provided by the Secretary.

“(E) Statutory construction—Nothing in this section shall be construed as authorizing the Secretary to require cost and schedule risk assessments in the project development phase.”

“(D) Optional project development activities—An applicant may perform cost and schedule risk assessments with technical assistance provided by the Secretary.

“(E) Statutory construction—Nothing in this section shall be construed as authorizing the Secretary to require cost and schedule risk assessments in the project development phase.”

“(4) Cost-share incentives—For a project for which a lower CIG cost share is elected by the applicant under subsection (l)(1)(C), the Secretary shall apply the following requirements and considerations in lieu of paragraphs (1) and (2):

“(A) Requirements—In determining whether a project is supported by local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall require that—

“(i) the proposed project plan provides for the availability of contingency amounts that the applicant determines to be reasonable to cover unanticipated cost increases or funding shortfalls;

“(ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and

changed “(iii) an applicant certifies that local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project.project, or that the annual operating cost of the proposed project does not exceed 5 percent of the annual cost to operate and maintain the overall public transportation system of the applicant.

“(B) Considerations—In assessing the stability, reliability, and availability of proposed sources of local financing for purposes of subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall consider—

“(i) the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient;

“(ii) existing grant commitments;

“(iii) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and

“(iv) private contributions to the project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.”

changed “(A) to the maximum extent practicable, develop and use special warrants for making a project justification determination under subsection (d)(2) or (e)(2), as applicable, for a project proposed to be funded using a grant under this section if——if—

“(i) the share of the cost of the project to be provided under this section—

“(I) does not exceed $500,000,000 and the total project cost does not exceed $1,000,000,000; or

“(II) complies with subsection (l)(1)(C);

“(ii) the applicant requests the use of the warrants;

“(iii) the applicant certifies that its existing public transportation system is in a state of good repair; and

changed “(iv) the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection.”subsection; and”

“(5) Policy guidance—The Secretary shall issue policy guidance on the review and evaluation process and criteria not later than 180 days after the date of enactment of the INVEST in America Act.”

“(6) Transparency—Not later than 30 days after the Secretary receives a written request from an applicant for all remaining information necessary to obtain 1 or more of the following, the Secretary shall provide such information to the applicant:

“(A) Project advancement.

“(B) Medium or higher rating.

“(C) Warrant.

“(D) Letter of intent.

“(E) Early systems work agreement.”

“(i) Interrelated projects

“(1) Ratings improvement—The Secretary shall grant a rating increase of 1 level in mobility improvements to any project being rated under subsection (d), (e), or (h), if the Secretary certifies that the project has a qualifying interrelated project that meets the requirements of paragraph (2).

“(2) Interrelated project—A qualifying interrelated project is a transit project that—

“(A) is adopted into the metropolitan transportation plan required under section 5303;

“(B) has received a class of action designation under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(C) will likely increase ridership on the project being rated in subsection (d), (e), or (h), respectively, as determined by the Secretary; and

“(D) meets one of the following criteria:

“(i) Extends the corridor of the project being rated in subsection (d), (e), or (h), respectively.

“(ii) Provides a direct passenger transfer to the project being rated in subsection (d), (e), or (h), respectively.”

“(v) Local funding commitment—For a project for which a lower CIG cost share is elected by the applicant under subsection (l)(1)(C), the Secretary shall enter into a full funding grant agreement that has at least 75 percent of local financial commitment committed and the remaining percentage budgeted for the proposed purposes.”

“(B) Cap—Except as provided in subparagraph (C), a grant for a project under this section shall not exceed 80 percent of the net capital project cost, except that a grant for a core capacity improvement project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.

“(C) Applicant election of lower local CIG cost share—An applicant may elect a lower local CIG cost share for a project under this section for purposes of application of the cost-share incentives under subsection (f)(3). Such cost share shall not exceed 60 percent of the net capital project cost, except that for a grant for a core capacity improvement project such cost share shall not exceed 60 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.”

“(5) Limitation on statutory construction—Nothing in this section shall be construed as authorizing the Secretary to require, incentivize (in any manner not specified in this section), or place additional conditions upon a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost or, for a core capacity improvement project, 20 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor.”

“(8) Contingency share—The Secretary shall provide funding for the contingency amount equal to the proportion of the CIG cost share. If the Secretary increases the contingency amount after a project has received a letter of no prejudice or been allocated appropriated funds, the federal share of the additional contingency amount shall be 25 percent higher than the original proportion the CIG cost share and in addition to the grant amount set in subsection (k)(2)(C)(ii).”

“(4) CIG program dashboard—Not later than the fifth day of each month, the Secretary shall make publicly available on a website data on, including the status of, each project under this section that is in the project development phase, in the engineering phase, or has received a grant agreement and remains under construction. Such data shall include, for each project—

“(A) the amount and fiscal year of any funding appropriated, allocated, or obligated for the project;

“(B) the date on which the project—

“(i) entered the project development phase;

“(ii) entered the engineering phase, if applicable; and

“(iii) received a grant agreement, if applicable; and

“(C) the status of review by the Federal Transit Administration and the Secretary, including dates of request, dates of acceptance of request, and dates of a decision for each of the following, if applicable:

“(i) A letter of no prejudice.

“(ii) An environmental impact statement notice of intent.

“(iii) A finding of no significant environmental impact.

“(iv) A draft environmental impact statement.

“(v) A final environmental impact statement.

“(vi) A record of decision on the final environmental impact statement.

“(vii) The status of the applicant in securing the non-Federal match, based on information provided by the applicant, including the amount committed, budgeted, planned, and undetermined.”

Section 5336(d) of title 49, United States Code, is amended—

“(2) notwithstanding paragraph (1), apportion amounts to the States appropriated under section 5338(a)(2) to carry out sections 5307, 5310, and 5311 not later than December 15 for which any amounts are appropriated; and”