Division C — Pub. L. 117-58

SEC. 30001. Definitions.

(a)

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

(1)

by redesignating paragraphs (1) through (24) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25), respectively; and

(2)

by inserting before paragraph (2) (as so redesignated) the following:

“(1) Assault on a transit worker.—The term ‘assault on a transit worker’ means a 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 a transit worker while the transit worker is performing the duties of the transit worker.”

; and

(3)

in subparagraph (G) of paragraph (4) (as so redesignated)—

(A)

by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively;

(B)

by inserting after clause (iii) the following:

“(iv) provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment;”

(C)

in clause (vi) (as so redesignated)—

(i)

in subclause (XIII), by striking “ and” at the end;

(ii)

in subclause (XIV), by adding “ and” after the semicolon; and

(iii)

by adding at the end the following:

“(XV) technology to fuel a zero-emission vehicle;”

(b)

Conforming Amendments.—

(1)

Section 601(a)(12)(E) of title 23, United States Code, is amended by striking “ section 5302(3)(G)(v)” and inserting “ section 5302(4)(G)(v)”.

(2)

Section 5323(e)(3) of title 49, United States Code, is amended by striking “ section 5302(3)(J)” and inserting “ section 5302(4)(J)”.

(3)

Section 5336(e) of title 49, United States Code, is amended by striking “ , as defined in section 5302(4)”.

(4)

Section 28501(4) of title 49, United States Code, is amended by striking “ section 5302(a)(6)” and inserting “ section 5302”.

SEC. 30002. Metropolitan Transportation Planning.

(a)

In General.— Section 5303 of title 49, United States Code, is amended—

(1)

in subsection (a)(1), by inserting “ and better connect housing and employment” after “ urbanized areas”;

(2)

in subsection (g)(3)(A), by inserting “ housing,” after “ economic development,”;

(3)

in subsection (h)(1)(E), by inserting “ , housing,” after “ growth”;

(4)

in subsection (i)—

(A)

in paragraph (4)(B)—

(i)

by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and

(ii)

by inserting after clause (ii) the following:

“(iii) assumed distribution of population and housing;”

; and

(B)

in paragraph (6)(A), by inserting “ affordable housing organizations,” after “ disabled,”; and

(5)

in subsection (k)—

(A)

by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(B)

by inserting after paragraph (3) the following:

“(4) Housing coordination process.—

“(A) In general.—Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23.

“(B) Coordination in integrated planning process.—In carrying out the process described in subparagraph (A), a metropolitan planning organization may—

“(i) consult with—

“(I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and

“(II) other appropriate public or private entities; and

“(ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1).

“(C) Housing coordination plan.—

“(i) In general.—A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization.

“(ii) Contents.—A plan described in clause (i) may—

“(I) develop regional goals for the integration of housing, transportation, and economic development strategies to—

“(aa) better connect housing and employment while mitigating commuting times;

“(bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development;

“(cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area;

“(dd) expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined;

“(ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development;

“(ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area;

“(II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and

“(III) include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership and housing development.”

(b)

Additional Consideration and Coordination.— Section 5303 of title 49, United States Code, is amended—

(1)

in subsection (d)—

(A)

in paragraph (3), by adding at the end the following:

“(D) Considerations.—In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.”

; and

(B)

in paragraph (7)—

(i)

by striking “ an existing metropolitan planning area” and inserting “ an existing urbanized area (as defined by the Bureau of the Census)”; and

(ii)

by striking “ the existing metropolitan planning area” and inserting “ the area”;

(2)

in subsection (g)—

(A)

in paragraph (1), by striking “ a metropolitan area” and inserting “ an urbanized area (as defined by the Bureau of the Census)”; and

(B)

by adding at the end the following:

“(4) Coordination between mpos.—If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) 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 travel demand.

“(5) Savings clause.—Nothing in this subsection 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.”

(3)

in subsection (i)(6), by adding at the end the following:

“(D) Use of technology.—A metropolitan planning organization may use social media and other web-based tools—

“(i) to further encourage public participation; and

“(ii) to solicit public feedback during the transportation planning process.”

; and

(4)

in subsection (p), by striking “ section 104(b)(5)” and inserting “ section 104(b)(6)”.

SEC. 30003. Statewide and Nonmetropolitan Transportation Planning.

(a)

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

(1)

in subsection (e), in the matter preceding paragraph (1), by striking the quotation marks before “ In”; and

(2)

in subsection (i), by striking “ this this” and inserting “ this”.

(b)

Use of Technology.— Section 5304(f)(3) of title 49, United States Code, is amended by adding at the end the following:

“(C) Use of technology.—A State may use social media and other web-based tools—

“(i) to further encourage public participation; and

“(ii) to solicit public feedback during the transportation planning process.”

SEC. 30004. Planning Programs.

Section 5305 of title 49, United States Code, is amended—

(1)

in subsection (e)(1)(A), in the matter preceding clause (i), by striking “ this section and section” and inserting “ this section and sections”; and

(2)

by striking subsection (f) and inserting the following:

“(f) Government Share of Costs.—

“(1) In general.—Except as provided in paragraph (2), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government—

“(A) not to require a State or local match; or

“(B) to allow a Government share greater than 80 percent.

“(2) Certain activities.—

“(A) In general.—The Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to—

“(i) the applicable urbanized area;

“(ii) the applicable rural area;

“(iii) an adjoining urbanized area; or

“(iv) an adjoining rural area.

“(B) Report.—A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.”

SEC. 30005. Fixed Guideway Capital Investment Grants.

(a)

In General.— Section 5309 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (6);

(B)

by redesignating paragraph (7) as paragraph (6); and

(C)

in paragraph (6) (as so redesignated)—

(i)

in subparagraph (A), by striking “ $100,000,000” and inserting “ $150,000,000”; and

(ii)

in subparagraph (B), by striking “ $300,000,000” and inserting “ $400,000,000”;

(2)

in subsection (c)(1)—

(A)

in subparagraph (A), by striking “ and” at the end;

(B)

in subparagraph (B)(iii), by striking the period at the end and inserting “ ; and”; and

(C)

by adding at the end the following:

“(C) the applicant has made progress toward meeting the performance targets in section 5326(c)(2).”

(3)

in subsection (e)(2)(A)(iii)(II), by striking “ the next 5 years” and inserting “ the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years”;

(4)

in subsection (g)—

(A)

in paragraph (3)(A), by striking “ exceed” and all that follows through “ 50 percent” and inserting “ exceed 50 percent”;

(B)

by redesignating paragraph (7) as paragraph (8); and

(C)

by inserting after paragraph (6) the following:

“(7) Project re-entry.—In carrying out ratings and evaluations under this subsection, the Secretary shall provide full and fair consideration to projects that seek an updated rating after a period of inactivity following an earlier rating and evaluation.”

(5)

in subsection (i), by striking paragraphs (1) through (8) and inserting the following:

“(1) Future bundling.—

“(A) Definition.—In this paragraph, the term ‘future bundling request’ means a letter described in subparagraph (B) that requests future funding for additional projects.

“(B) Request.—When an applicant submits a letter to the Secretary requesting entry of a project into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include a description of other projects for consideration for future funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project.

“(C) Readiness.—Other projects included in the request shall be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), within 5 years of the initial project submitted as part of the request.

“(D) Planning.—Projects in the future bundling request shall be included in the metropolitan transportation plan in accordance with section 5303(i).

“(E) Project sponsor.—The applicant that submits a future bundling request shall be the project sponsor for each project included in the request.

“(F) Program and project share.—A future bundling request submitted under this paragraph shall include a proposed share of each of the request’s projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable.

“(G) Benefits.—The bundling of projects under this subsection—

“(i) shall enhance, or increase the capacity of—

“(I) the total transportation system of the applicant; or

“(II) the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and

“(ii) shall—

“(I) streamline procurements for the applicant; or

“(II) enable time or cost savings for the projects.

“(H) Evaluation.—Each project submitted for consideration for funding in a future bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C).

“(I) Letter of intent.—

“(i) In general.—Upon entering into a grant agreement for the initial project for which an applicant submits a future bundling request, the Secretary may issue a letter of intent to the applicant that announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects in the future bundling. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed.

“(ii) Amount.—The amount that the Secretary announces an intention to obligate for an additional project in the future bundling request through a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project.

“(iii) Treatment.—The issuance of a letter of intent under clause (i) shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment.

“(2) Immediate bundling.—

“(A) Definition.—In this paragraph, the term ‘immediate bundling request’ means a letter described in subparagraph (B) that requests immediate funding for multiple projects.

“(B) Request.—An applicant may submit a letter to the Secretary requesting entry of multiple projects into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project.

“(C) Readiness.—Projects included in the request must be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time.

“(D) Planning.—Projects in the bundle shall be included in the metropolitan transportation plan in accordance with section 5303(i).

“(E) Project sponsor.—The applicant that submits an immediate bundling request shall be the project sponsor for each project included in the request.

“(F) Program and project share.—An immediate bundling request submitted under this subsection shall include a proposed share of each of the request’s projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable.

“(G) Benefits.—The bundling of projects under this subsection—

“(i) shall enhance, or increase the capacity of—

“(I) the total transportation system of the applicant; or

“(II) the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and

“(ii) shall—

“(I) streamline procurements for the applicant; or

“(II) enable time or cost savings for the projects.

“(H) Evaluation.—A project submitted for consideration for immediate funding in an immediate bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C).

“(I) Letter of intent or single grant agreement.—

“(i) In general.—Upon entering into a grant agreement for the initial project for which an applicant submits a request, the Secretary may issue a letter of intent or single, combined grant agreement to the applicant.

“(ii) Letter of intent.—

“(I) In general.—A letter of intent announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed.

“(II) Amount.—The amount that the Secretary announces an intention to obligate for an additional project in a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project.

“(III) Treatment.—The issuance of a letter of intent under clause (i) shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment.

“(3) Evaluation criteria.—When the Secretary issues rules or policy guidance under this section, the Secretary may request comment from the public regarding potential changes to the evaluation criteria for project justification and local financial commitment under subsections (d), (e), (f), and (h) for the purposes of streamlining the evaluation process for projects included in a future bundling request or an immediate bundling request, including changes to enable simultaneous evaluation of multiple projects under 1 or more evaluation criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be utilized for projects included in a future bundling request or an immediate bundling request under this subsection upon promulgation of the applicable rule or policy guidance.

“(4) Grant agreements.—

“(A) New start and core capacity improvement projects.—A new start project or core capacity improvement project in an immediate bundling request or future bundling request shall be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2).

“(B) Small start.—A small start project shall be carried out through a grant agreement pursuant to subsection (h)(7).

“(C) Requirement.—A combined grant agreement described in paragraph (2)(I)(i) shall—

“(i) include only projects in an immediate future bundling request that are ready to receive a grant agreement under this section,

“(ii) be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2) for the included projects, if a project seeking assistance under the combined grant agreement is a new start project or core capacity improvement project; and

“(iii) be carried out through a grant agreement pursuant to subsection (h)(7) for the included projects, if the projects seeking assistance under the combined grant agreement consist entirely of small start projects.

“(D) Savings provision.—The use of a combined grant agreement shall not waive or amend applicable evaluation criteria under this section for projects included in the combined grant agreement.”

(6)

in subsection (k)—

(A)

in paragraph (2)(E)—

(i)

by striking “ (E) Before and after study.—” and all that follows through “ (I) Submission of plan.—” and inserting the following:

“(i) Submission of plan.—”

(ii)

by redesignating subclause (II) of clause (i) (as so designated) as clause (ii), and adjusting the margin accordingly; and

(iii)

in clause (ii) (as so redesignated)—

(I)

by redesignating items (aa) through (dd) as subclauses (I) through (IV), respectively, and adjusting the margins accordingly; and

(II)

in the matter preceding subclause (I) (as so redesignated), by striking “ subclause (I)” and inserting “ clause (i)”; and

(B)

in paragraph (5), by striking “ At least 30” and inserting “ Not later than 15”;

(7)

in subsection (o)—

(A)

by striking paragraph (2);

(B)

by redesignating paragraph (3) as paragraph (2); and

(C)

in paragraph (2) (as so redesignated)—

(i)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by striking “ of” and inserting “ that”;

(II)

by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly;

(III)

by inserting before subclause (I) (as so redesignated), the following:

“(i) assesses—”

(IV)

in clause (i) (as so designated)—

(aa)

in subclause (I) (as so redesignated), by striking “ new fixed guideway capital projects and core capacity improvement projects” and inserting “ all new fixed guideway capital projects and core capacity improvement projects for grant agreements under this section and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94)”; and

(bb)

in subclause (II) (as so redesignated), by striking “ and” at the end; and

(V)

by adding at the end the following:

“(ii) includes, with respect to projects that entered into revenue service since the previous biennial review—

“(I) a description and analysis of the impacts of the projects on public transportation services and public transportation ridership;

“(II) a description and analysis of the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods of, or innovative financing for, the projects; and

“(III) an identification of the reasons for any differences between predicted and actual outcomes for the projects; and

“(iii) in conducting the review under clause (ii), incorporates information from the plans submitted by applicants under subsection (k)(2)(E)(i); and”

; and

(ii)

in subparagraph (B), by striking “ each year” and inserting “ the applicable year”; and

(8)

by adding at the end the following:

“(r) Capital Investment Grant Dashboard.—

“(1) In general.—The Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard containing the following information for each project seeking a grant agreement under this section:

“(A) Project name.

“(B) Project sponsor.

“(C) City or urbanized area and State in which the project will be located.

“(D) Project type.

“(E) Project mode.

“(F) Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable.

“(G) Anticipated total project cost.

“(H) Anticipated share of project costs to be sought under this section.

“(I) Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

“(J) Date on which the project entered the project development phase.

“(K) Date on which the project entered the engineering phase, if applicable.

“(L) Date on which a Letter of No Prejudice was requested, and date on which a Letter of No Prejudice was issued or denied, if applicable.

“(M) Date of the applicant’s most recent project ratings, including date of request for updated ratings, if applicable.

“(N) Status of the project sponsor in securing non-Federal matching funds.

“(O) Date on which a project grant agreement is anticipated to be executed.

“(2) Updates.—The Secretary shall update the information provided under paragraph (1) not less frequently than monthly.

“(3) Project profiles.—The Secretary shall continue to make profiles for projects that have applied for or are receiving assistance under this section publicly available in an easily identifiable location on the website of the Department of Transportation, in the same manner as the Secretary did as of the day before the date of enactment of this subsection.”

(b)

Expedited Project Delivery for Capital Investment Grants Pilot Program.— Section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94) is amended—

(1)

in paragraph (1)(I)—

(A)

in clause (i), by striking “ $75,000,000” and inserting “ $150,000,000”; and

(B)

in clause (ii), by striking “ $300,000,000” and inserting “ $400,000,000”;

(2)

in paragraph (8)(D)(i), by striking “ 30 days” and inserting “ 15 days”;

(3)

by striking paragraph (12); and

(4)

by redesignating paragraph (13) as paragraph (12).

SEC. 30006. Formula Grants for Rural Areas.

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

(1)

in subsection (c)—

(A)

by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

(B)

by striking paragraph (1) and inserting the following:

“(1) In general.—Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) to carry out this section—

“(A) an amount equal to 5 percent shall be available to carry out paragraph (2); and

“(B) 3 percent shall be available to carry out paragraph (3).

“(2) Public transportation on indian reservations.—For each fiscal year, the amounts made available under paragraph (1)(A) shall be apportioned for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary, of which—

“(A) 20 percent shall be distributed by the Secretary on a competitive basis; and

“(B) 80 percent shall be apportioned as formula grants as provided in subsection (j).”

; and

(2)

in subsection (j)(1)(A), in the matter preceding clause (i), by striking “ subsection (c)(1)(B)” and inserting “ subsection (c)(2)(B)”.

SEC. 30007. Public Transportation Innovation.

(a)

In General.— Section 5312 of title 49, United States Code, is amended—

(1)

by striking the first subsection designated as subsection (g), relating to annual reports on research, as so designated by section 3008(a)(6)(A) of the FAST Act (Public Law 114–94; 129 Stat. 1468) and inserting the following:

“(f) Annual Report on Research.—

“(1) In general.—Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes—

“(A) a description of each project that received assistance under this section during the preceding fiscal year;

“(B) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and

“(C) a strategic research roadmap proposal for allocations of amounts for assistance under this section for the current and subsequent fiscal year, including anticipated work areas, proposed demonstrations and strategic partnership opportunities;

“(2) Updates.—Not less than every 3 months, the Secretary shall update on the Web site of the Department of Transportation the information described in paragraph (1)(C) to reflect any changes to the Secretary’s plans to make assistance available under this section.

“(3) Long-term research plans.—The Secretary is encouraged to develop long-term research plans and shall identify in the annual report under paragraph (1) and in updates under paragraph (2) allocations of amounts for assistance and notices of funding opportunities to execute long-term strategic research roadmap plans.”

(2)

in paragraph (1) of subsection (g), relating to Government share of costs, by striking the period at the end and inserting “ , except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share.”; and

(3)

in subsection (h)—

(A)

in paragraph (2)—

(i)

by striking subparagraph (A) and inserting the following:

“(A) In general.—The Secretary shall competitively select at least 1 facility—

“(i) to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles; and

“(ii) to conduct directed technology research.”

(ii)

by striking subparagraph (B) and inserting the following:

“(B) Testing, evaluation, and analysis.—

“(i) In general.—The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, at least 1 institution of higher education to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components, and new and emerging technology components, intended for use in low or no emission vehicles.

“(ii) Requirements.—An institution of higher education described in clause (i) shall have—

“(I) capacity to carry out transportation-related advanced component and vehicle evaluation;

“(II) laboratories capable of testing and evaluation; and

“(III) direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle.”

; and

(iii)

by adding at the end the following:

“(H) Capital equipment and directed research.—A facility operated and maintained under subparagraph (A) may use funds made available under this subsection for—

“(i) acquisition of equipment and capital projects related to testing low or no emission vehicle components; or

“(ii) research related to advanced vehicle technologies that provides advancements to the entire public transportation industry.

“(I) Cost share.—The cost share for activities described in subparagraph (H) shall be subject to the terms in subsection (g).”

; and

(B)

in paragraph (3), by inserting “ , as applicable” before the period at the end.

(b)

Low or No Emission Vehicle Component Assessment.—

(1)

In general.— Institutions of higher education selected to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components pursuant to section 5312(h) of title 49, United States Code, shall not carry out testing for a new bus model under section 5318 of that title.

(2)

Use of funds.— Funds made available to institutions of higher education described in paragraph (1) for testing under section 5318 of title 49, United States Code, may be used for eligible activities under section 5312(h) of that title.

(c)

Accelerated Implementation and Deployment of Advanced Digital Construction Management Systems.— Section 5312(b) of title 49, United States Code, is amended by adding at the end the following:

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

“(A) In general.—The Secretary shall establish and implement a program under this subsection to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits.

“(B) Goals.—The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include—

“(i) accelerated adoption of advanced digital systems applied throughout the lifecycle of transportation infrastructure (including through the planning, design and engineering, construction, operations, and maintenance phases) that—

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

“(II) boost productivity;

“(III) manage complexity;

“(IV) reduce project delays and cost overruns;

“(V) enhance safety and quality; and

“(VI) reduce total costs for the entire lifecycle of transportation infrastructure assets;

“(ii) more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists;

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

“(iv) the development and deployment of best practices for use in digital construction management;

“(v) increased technology adoption and deployment by States, local governmental authorities, and designated recipients that enables project sponsors—

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

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

“(vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States, local governmental authorities, or designated recipients—

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

“(II) to properly measure and reward technology adoption across projects;

“(vii) development of guidance to assist States, local governmental authorities, and designated recipients in updating regulations to allow project sponsors and contractors—

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

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

“(viii) reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and

“(ix) enhanced worker and pedestrian safety resulting from increased transparency.

“(C) Publication.—The reporting requirements for the accelerated implementation and deployment of advanced digital construction management systems program established under section 503(c)(5) of title 23 shall include data and analysis collected under this section.”

SEC. 30008. Bus Testing Facilities.

Section 5318 of title 49, United States Code, is amended by adding at the end the following:

“(f) Capital Equipment.—A facility operated and maintained under this section may use funds made available under this section for the acquisition of equipment and capital projects related to testing new bus models.”

SEC. 30009. Transit-Oriented Development.

Section 20005(b) of MAP–21 (49 U.S.C. 5303 note; Public Law 112–141) is amended—

(1)

in paragraph (2), in the matter preceding subparagraph (A), by inserting “ or site-specific” after “ comprehensive”; and

(2)

in paragraph (3)—

(A)

in subparagraph (B), by inserting “ or a site-specific plan” after “ comprehensive plan”;

(B)

in subparagraph (C), by inserting “ or the proposed site-specific plan” after “ proposed comprehensive plan”;

(C)

in subparagraph (D), by inserting “ or the site-specific plan” after “ comprehensive plan”; and

(D)

in subparagraph (E)(iii), by inserting “ or the site-specific plan” after “ comprehensive plan”.

SEC. 30010. General Provisions.

Section 5323(u) of title 49, United States Code, is amended by striking paragraph (2) and inserting the following:

“(2) Exception.—For purposes of paragraph (1), the term ‘otherwise related legally or financially’ does not include—

“(A) a minority relationship or investment; or

“(B) relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States.”

SEC. 30011. Public Transportation Emergency Relief Program.

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

“(f) Insurance.—Before receiving a grant under this section following an emergency, an applicant shall—

“(1) submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and

“(2) certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application.”

SEC. 30012. Public Transportation Safety Program.

(a)

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

(1)

in subsection (b)—

(A)

in paragraph (2)—

(i)

in subparagraph (A), by inserting “ , or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation” after “ public transportation”;

(ii)

in subparagraph (C)(ii)—

(I)

in subclause (I), by striking “ and” at the end;

(II)

in subclause (II), by adding “ and” at the end; and

(III)

by adding at the end the following:

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

(iii)

in subparagraph (D)(ii)(V), by striking “ and” at the end;

(iv)

in subparagraph (E), by striking the period at the end and inserting “ ; and”;

(v)

by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively;

(vi)

by inserting after subparagraph (C) the following:

“(D) in consultation with the Secretary 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(a));”

; and

(vii)

by adding at the end the following:

“(G) consideration, where appropriate, of performance-based and risk-based methodologies.”

; and

(B)

by adding at the end the following:

“(3) Plan updates.—The Secretary shall update the national public transportation safety plan under paragraph (1) as necessary with respect to recipients receiving assistance under section 5307 that serve an urbanized area with a population of 200,000 or more.”

(2)

in subsection (c)—

(A)

by striking paragraph (2); and

(B)

by striking the subsection designation and heading and all that follows through “ The Secretary” in paragraph (1) and inserting the following:

“(c) Public Transportation Safety Certification Training Program.—The Secretary”

(3)

in subsection (d)—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking “ Effective 1 year” and all that follows through “ each recipient” and inserting “ Each recipient”;

(ii)

in subparagraph (A), by inserting “ , or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve,” after “ approve”;

(iii)

by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively;

(iv)

by inserting after subparagraph (A) the following:

“(B) for each recipient serving an urbanized area with a population of fewer than 200,000, a requirement that the agency safety plan be developed in cooperation with frontline employee representatives;”

(v)

in subparagraph (D) (as so redesignated), by inserting “ , and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases” after “ public, personnel, and property to hazards and unsafe conditions”;

(vi)

by striking subparagraph (F) (as so redesignated) and inserting the following:

“(F) performance targets based on—

“(i) the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2); or

“(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures established under the national public transportation safety plan, as described in subsection (b)(2)(A);”

(vii)

in subparagraph (G) (as so redesignated), by striking “ and” at the end; and

(viii)

by striking subparagraph (H) (as so redesignated) and inserting the following:

“(H) a comprehensive staff training program for—

“(i) the operations personnel and personnel directly responsible for safety of the recipient that includes—

“(I) the completion of a safety training program; and

“(II) continuing safety education and training; or

“(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, 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; and

“(I) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, 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

“(ii) the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph (5) determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers.”

; and

(B)

by adding at the end the following:

“(4) Risk reduction performance targets.—

“(A) In general.—The safety committee of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more established under paragraph (5) shall establish performance targets for the risk reduction program required under paragraph (1)(I) using a 3-year rolling average of the data submitted by the recipient to the national transit database under section 5335.

“(B) Safety set aside.—A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more shall allocate not less than 0.75 percent of those funds to safety-related projects eligible under section 5307.

“(C) Failure to meet performance targets.—A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more that does not meet the performance targets established under subparagraph (A) shall allocate the amount made available in subparagraph (B) in the following fiscal year to projects described in subparagraph (D).

“(D) Eligible projects.—Funds set aside under subparagraph (C) shall be used for projects that are reasonably likely to assist the recipient in meeting the performance targets established in subparagraph (A), including modifications to rolling stock and de-escalation training.

“(5) Safety committee.—

“(A) In general.—For purposes of this subsection, the safety committee of a recipient shall—

“(i) be convened by a joint labor-management process;

“(ii) consist of an equal number of—

“(I) frontline employee representatives, selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or, if applicable, a contractor to the recipient, to the extent frontline employees are represented by labor organizations; and

“(II) management representatives; and

“(iii) have, at a minimum, responsibility for—

“(I) identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency’s safety risk assessment;

“(II) identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and

“(III) identifying safety deficiencies for purposes of continuous improvement.

“(B) Applicability.—This paragraph applies only to a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more.”

(4)

in subsection (e)—

(A)

in paragraph (4)(A)(v), by inserting “ , inspection,” after “ investigative”; and

(B)

by adding at the end the following:

“(11) Effectiveness of enforcement authorities and practices.—The Secretary shall develop and disseminate to State safety oversight agencies the process and methodology that the Secretary will use to monitor the effectiveness of the enforcement authorities and practices of State safety oversight agencies.”

; and

(5)

by striking subsection (k) and inserting the following:

“(k) Inspections.—

“(1) Inspection access.—

“(A) In general.—A State safety oversight program shall provide the State safety oversight agency established by the program with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks.

“(B) Policies and procedures.—A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures regarding the access of the State safety oversight agency to conduct inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency.

“(2) Data collection.—

“(A) In general.—A rail fixed guideway public transportation agency shall provide the applicable State safety oversight agency with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with subparagraph (B).

“(B) Policies and procedures.—A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures for collecting data described in subparagraph (A) from a rail fixed guideway public transportation agency, including with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway public transportation system.

“(3) Incorporation.—Policies and procedures established under this subsection shall be incorporated into—

“(A) the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and

“(B) the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d).

“(4) Assessment by secretary.—In assessing the capability of a State safety oversight agency to conduct inspections as required under paragraph (1), the Secretary shall ensure that—

“(A) the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees;

“(B) the inspection program of the State safety oversight agency is risk-based; and

“(C) the State safety oversight agency has sufficient resources to conduct the inspections.

“(5) Special directive.—The Secretary shall issue a special directive to each State safety oversight agency on the development and implementation of risk-based inspection programs under this subsection.

“(6) Enforcement.—The Secretary may use any authority under this section, including any enforcement action authorized under subsection (g), to ensure the compliance of a State safety oversight agency or State safety oversight program with this subsection.”

(b)

Deadline; Effective Date.—

(1)

Special directive on risk-based inspection programs.— Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue each special directive required under section 5329(k)(5) of title 49, United States Code (as added by subsection (a)).

(2)

Inspection requirements.— Section 5329(k) of title 49, United States Code (as amended by subsection (a)), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under paragraph (5) of that section 5329(k).

(c)

No Effect on Initial Certification Process.— Nothing in this section or the amendments made by this section affects the requirements for initial approval of a State safety oversight program, including the initial deadline, under section 5329(e)(3) of title 49, United States Code.

SEC. 30013. Administrative Provisions.

Section 5334(h)(4) of title 49, United States Code, is amended—

(1)

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and

(2)

by inserting after subparagraph (A) the following:

“(B) Reimbursement.—

“(i) Fair market value of less than $5,000.—With respect to rolling stock and equipment with a unit fair market value of $5,000 or less per unit and unused supplies with a total aggregate fair market value of $5,000 or less that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained, sold, or otherwise disposed of at the end of the service life of the rolling stock, equipment, or supplies without any obligation to reimburse the Federal Transit Administration.

“(ii) Fair market value of more than $5,000.—

“(I) In general.—With respect to rolling stock and equipment with a unit fair market value of more than $5,000 per unit and unused supplies with a total aggregate fair market value of more than $5,000 that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained or sold at the end of the service life of the rolling stock, equipment, or supplies.

“(II) Reimbursement required.—If rolling stock, equipment, or supplies described in subclause (I) is sold, of the proceeds from the sale—

“(aa) the recipient shall retain an amount equal to the sum of—

“(AA) $5,000; and

“(BB) of the remaining proceeds, a percentage of the amount equal to the non-Federal share expended by the recipient in making the original purchase; and

“(bb) any amounts remaining after application of item (aa) shall be returned to the Federal Transit Administration.

“(iii) Rolling stock and equipment retained.—Rolling stock, equipment, or supplies described in clause (i) or (ii) that is retained by a recipient under those clauses may be used by the recipient for other public transportation projects or programs with no obligation to reimburse the Federal Transit Administration, and no approval of the Secretary to retain that rolling stock, equipment, or supplies is required.”

SEC. 30014. National Transit Database.

Section 5335 of title 49, United States Code, is amended—

(1)

in subsection (a), in the first sentence, by inserting “ geographic service area coverage,” after “ operating,”; and

(2)

by striking subsection (c) and inserting the following:

“(c) Data Required to Be Reported.—Each recipient of a grant under this chapter shall report to the Secretary, for inclusion in the national transit database under this section—

“(1) any information relating to a transit asset inventory or condition assessment conducted by the recipient;

“(2) any data on assaults on transit workers of the recipients; and

“(3) any data on fatalities that result from an impact with a bus.”

SEC. 30015. Apportionment of Appropriations for Formula Grants.

(a)

Small Urbanized Areas.— Section 5336(h)(3) of title 49, United States Code, is amended by striking “ paragraphs (1) and (2)” and all that follows through “ 2 percent” in subparagraph (B) and inserting “ paragraphs (1) and (2), 3 percent”.

(b)

Funding for State Safety Oversight Program Grants.—

(1)

In general.— Section 5336(h)(4) of title 49, United States Code, is amended by striking “ 0.5 percent” and inserting “ 0.75 percent”.

(2)

Applicability.— The amendment made by paragraph (1) shall apply with respect to fiscal year 2022 and each fiscal year thereafter.

SEC. 30016. State of Good Repair Grants.

Section 5337 of title 49, United States Code, is amended by adding at the end the following:

“(f) Competitive Grants for Rail Vehicle Replacement.—

“(1) In general.—The Secretary may make grants under this subsection to assist State and local governmental authorities in financing capital projects for the replacement of rail rolling stock.

“(2) Grant requirements.—Except as otherwise provided in this subsection, a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection (b).

“(3) Competitive process.—The Secretary shall solicit grant applications and make not more than 3 new awards to eligible projects under this subsection on a competitive basis each fiscal year.

“(4) Consideration.—In awarding grants under this subsection, the Secretary shall consider—

“(A) the size of the rail system of the applicant;

“(B) the amount of funds available to the applicant under this subsection;

“(C) the age and condition of the rail rolling stock of the applicant that has exceeded or will exceed the useful service life of the rail rolling stock in the 5-year period following the grant; and

“(D) whether the applicant has identified replacement of the rail vehicles as a priority in the investment prioritization portion of the transit asset management plan of the recipient pursuant to part 625 of title 49, Code of Federal Regulations (or successor regulations).

“(5) Maximum share of competitive grant assistance.—The amount of grant assistance provided by the Secretary under this subsection, as a share of eligible project costs, shall be not more than 50 percent.

“(6) Government share of cost.—The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent.

“(7) Multi-year grant agreements.—

“(A) In general.—An eligible project for which a grant is provided under this subsection may be carried out through a multi-year grant agreement in accordance with this paragraph.

“(B) Requirements.—A multi-year grant agreement under this paragraph shall—

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

“(ii) establish the maximum amount of Federal financial assistance for the project that may be provided through grant payments to be provided in not more than 3 consecutive fiscal years.

“(C) Financial rules.—A multi-year grant agreement under this paragraph—

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

“(ii) may include a commitment, contingent on 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.

“(D) Statement of contingent commitment.—A multi-year agreement under this paragraph shall state that the contingent commitment is not an obligation of the Federal Government.”

SEC. 30017. Authorizations.

Section 5338 of title 49, United States Code, is amended to read as follows:

“§ 5338. Authorizations

“(a) Grants.—

“(1) In general.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141), and section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94)—

“(A) $13,355,000,000 for fiscal year 2022;

“(B) $13,634,000,000 for fiscal year 2023;

“(C) $13,990,000,000 for fiscal year 2024;

“(D) $14,279,000,000 for fiscal year 2025; and

“(E) $14,642,000,000 for fiscal year 2026.

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

“(A) $184,647,343 for fiscal year 2022, $188,504,820 for fiscal year 2023, $193,426,906 for fiscal year 2024, $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal year 2026 shall be available to carry out section 5305;

“(B) $13,157,184 for fiscal year 2022, $13,432,051 for fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 for fiscal year 2025, and $14,425,121 for fiscal year 2026 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141);

“(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133 for fiscal year 2023, $6,712,987,840 for fiscal year 2024, $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;

“(D) $371,247,094 for fiscal year 2022, $379,002,836 for fiscal year 2023, $388,899,052 for fiscal year 2024, $396,932,778 for fiscal year 2025, and $407,023,583 for fiscal year 2026 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;

“(E) $4,605,014 for fiscal year 2022, $4,701,218 for fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624 for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94);

“(F) $875,289,555 for fiscal year 2022, $893,575,275 for fiscal year 2023, $916,907,591 for fiscal year 2024, $935,848,712 for fiscal year 2025, and $959,639,810 for fiscal year 2026 shall be available to provide financial assistance for rural areas under section 5311;

“(G) $36,840,115 for fiscal year 2022, $37,609,743 for fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993 for fiscal year 2025, and $40,390,337 for fiscal year 2026 shall be available to carry out section 5312, of which—

“(i) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available to carry out section 5312(h); and

“(ii) $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available to carry out section 5312(i);

“(H) $11,841,465 for fiscal year 2022, $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 shall be available to carry out section 5314, of which $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available for the national transit institute under section 5314(c);

“(I) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available for bus testing under section 5318;

“(J) $131,000,000 for fiscal year 2022, $134,930,000 for fiscal year 2023, $138,977,900 for fiscal year 2024, $143,147,237 for fiscal year 2025, and $147,441,654 for fiscal year 2026 shall be available to carry out section 5334;

“(K) $5,262,874 for fiscal year 2022, $5,372,820 for fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999 for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall be available to carry out section 5335;

“(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037 for fiscal year 2023, $3,680,934,484 for fiscal year 2024, $3,755,675,417 for fiscal year 2025, and $3,850,496,668 for fiscal year 2026 shall be available to carry out section 5337, of which $300,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5337(f);

“(M) $603,992,657 for fiscal year 2022, $616,610,699 for fiscal year 2023, $632,711,140 for fiscal year 2024, $645,781,441 for fiscal year 2025, and $662,198,464 for fiscal year 2026 shall be available for the bus and buses facilities program under section 5339(a);

“(N) $447,257,433 for fiscal year 2022, $456,601,111 for fiscal year 2023, $468,523,511 for fiscal year 2024, $478,202,088 for fiscal year 2025, and $490,358,916 for fiscal year 2026 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $71,561,189 for fiscal year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for fiscal year 2024, $76,512,334 for fiscal year 2025, and $78,457,427 for fiscal year 2026 shall be available to carry out section 5339(c); and

“(O) $741,042,792 for fiscal year 2022, $756,523,956 for fiscal year 2023, $776,277,698 for fiscal year 2024, $792,313,742 for fiscal year 2025, and $812,455,901 for fiscal year 2026, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—

“(i) $392,752,680 for fiscal year 2022, $400,957,696 for fiscal year 2023, $411,427,180 for fiscal year 2024, $419,926,283 for fiscal year 2025, and $430,601,628 for fiscal year 2026 shall be for growing States under section 5340(c); and

“(ii) $348,290,112 for fiscal year 2022, $355,566,259 for fiscal year 2023, $364,850,518 for fiscal year 2024, $372,387,459 for fiscal year 2025, and $381,854,274 for fiscal year 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 of this title and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94), $3,000,000,000 for each of fiscal years 2022 through 2026.

“(c) 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 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329.

“(H) 0.75 percent of amounts made available to carry out section 5339.

“(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.

“(D) Activities to carry out section 5334.

“(3) Government share of costs.—The Government shall pay the entire cost of carrying out a contract under this 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.

“(d) Grants as Contractual Obligations.—

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

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

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

SEC. 30018. Grants for Buses and Bus Facilities.

Section 5339 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (5)(A)—

(i)

by striking “ $90,500,000 for each of fiscal years 2016 through 2020” and inserting “ $206,000,000 each fiscal year”;

(ii)

by striking “ $1,750,000” and inserting “ $4,000,000”; and

(iii)

by striking “ $500,000” and inserting “ $1,000,000”; and

(B)

by adding at the end the following:

“(10) Maximizing use of funds.—

“(A) In general.—Eligible recipients and subrecipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94).

“(B) Written explanation.—If an eligible recipient or subrecipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient or subrecipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94) were not utilized.”

(2)

in subsection (b)—

(A)

by striking paragraph (5) and inserting the following:

“(5) Rural projects.—

“(A) In general.—Subject to subparagraph (B), not less than 15 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas.

“(B) Unutilized amounts.—The Secretary may use less than 15 percent of the amounts made available under this subsection in a fiscal year for the projects described in subparagraph (A) if the Secretary cannot meet the requirement of that subparagraph due to insufficient eligible applications.”

; and

(B)

by adding at the end the following:

“(9) Competitive process.—The Secretary shall—

“(A) not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and

“(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—

“(i) 75 days after the date on which the solicitation expires; or

“(ii) the end of the fiscal year in which the Secretary solicited the grant applications.

“(10) Continued use of partnerships.—

“(A) In general.—An eligible recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer that intends to participate in the implementation of a project under this subsection and subsection (c).

“(B) Competitive procurement.—Projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325.

“(11) Maximizing use of funds.—

“(A) In general.—Eligible recipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94).

“(B) Written explanation.—If an eligible recipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94) were not utilized.”

(3)

in subsection (c)—

(A)

in paragraph (3)—

(i)

by amending subparagraph (A) to read as follows:

“(A) In general.—A grant under this subsection shall be subject to—

“(i) with respect to eligible recipients in urbanized areas, section 5307; and

“(ii) with respect to eligible recipients in rural areas, section 5311.”

; and

(ii)

by adding at the end the following:

“(D) Fleet transition plan.—In awarding grants under this subsection or under subsection (b) for projects related to zero emission vehicles, the Secretary shall require the applicant to submit a zero emission transition plan, which, at a minimum—

“(i) demonstrates a long-term fleet management plan with a strategy for how the applicant intends to use the current application and future acquisitions;

“(ii) addresses the availability of current and future resources to meet costs;

“(iii) considers policy and legislation impacting technologies;

“(iv) includes an evaluation of existing and future facilities and their relationship to the technology transition;

“(v) describes the partnership of the applicant with the utility or alternative fuel provider of the applicant; and

“(vi) examines the impact of the transition on the applicant’s current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero emission vehicles and related infrastructure and avoids the displacement of the existing workforce.”

(B)

by striking paragraph (5) and inserting the following:

“(5) Consideration.—In awarding grants under this subsection, the Secretary—

“(A) shall consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and

“(B) shall, for no less than 25 percent of the funds made available to carry out this subsection, only consider eligible projects related to the acquisition of low or no emission buses or bus facilities other than zero emission vehicles and related facilities.”

; and

(C)

by adding at the end the following:

“(8) Continued use of partnerships.—

“(A) In general.—A recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer, that intends to participate in the implementation of an eligible project under this subsection.

“(B) Competitive procurement.—Eligible projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325.”

; and

(4)

by adding at the end the following:

“(d) Workforce Development Training Activities.—5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) shall be used by recipients to fund workforce development training, as described in section 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce under subsection (c)(3)(D), unless the recipient certifies a smaller percentage is necessary to carry out that plan.”

SEC. 30019. Washington Metropolitan Area Transit Authority Safety, Accountability, and Investment.

(a)

Definitions.— In this section:

(1)

Board.— The term “Board” means the Board of Directors of the Transit Authority.

(2)

Compact.— The term “Compact” means the Washington Metropolitan Area Transit Authority Compact consented to by Congress under Public Law 89–774 (80 Stat. 1324).

(3)

Covered recipient.— The term “covered recipient” means—

(A)

(i)

the Committee on Banking, Housing, and Urban Affairs of the Senate;

(ii)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(iii)

the Committee on Transportation and Infrastructure of the House of Representatives; and

(iv)

the Committee on Oversight and Reform of the House of Representatives;

(B)

(i)

the Governor of Maryland;

(ii)

the President of the Maryland Senate; and

(iii)

the Speaker of the Maryland House of Delegates;

(C)

(i)

the Governor of Virginia;

(ii)

the President of the Virginia Senate; and

(iii)

the Speaker of the Virginia House of Delegates;

(D)

(i)

the Mayor of the District of Columbia; and

(ii)

the Chairman of the Council of the District of Columbia; and

(E)

the Chairman of the Northern Virginia Transportation Commission.

(4)

Inspector general; office of the inspector general.— The terms “Inspector General” and “Office of Inspector General” mean the Inspector General and the Office of Inspector General, respectively, of the Transit Authority.

(5)

Transit authority.— The term “Transit Authority” means the Washington Metropolitan Area Transit Authority established under Article III of the Compact.

(b)

Reauthorization of Capital and Preventive Maintenance Grants to Washington Metropolitan Area Transit Authority.— Section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4970) is amended by striking “ an aggregate amount” and all that follows through the period at the end and inserting “ $150,000,000 for each of fiscal years 2022 through 2030.”.

(c)

Funds for Washington Metropolitan Area Transit Authority’s Inspector General.— Title VI of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4968) is amended by adding at the end the following:

“SEC. 602. FUNDING FOR INSPECTOR GENERAL.

“(a) Definitions.—In this section:

“(1) Compact.—The term ‘Compact’ means the Washington Metropolitan Area Transit Authority Compact consented to by Congress under Public Law 89–774 (80 Stat. 1324).

“(2) Secretary.—The term ‘Secretary’ means the Secretary of Transportation.

“(3) Transit authority.—The term ‘Transit Authority’ has the meaning given the term in section 601(a)(2).

“(b) Funding for Office of Inspector General of the Washington Metropolitan Area Transit Authority.—Subject to subsection (c), of the amounts authorized to be appropriated for a fiscal year under section 601(f), the Secretary shall use $5,000,000 for grants to the Transit Authority for use exclusively by the Office of Inspector General of the Transit Authority for the operations of the Office in accordance with Section 9 of Article III of the Compact, to remain available until expended.

“(c) Matching Inspector General Funds Required From Transit Authority.—The Secretary may not provide any amounts to the Transit Authority for a fiscal year under subsection (b) until the Transit Authority notifies the Secretary that the Transit Authority has made available $5,000,000 in non-Federal funds for that fiscal year for use exclusively by the Office of Inspector General of the Transit Authority for the operations of the Office in accordance with Section 9 of Article III of the Compact.”

(d)

Reforms to Office of Inspector General.—

(1)

Sense of congress.— Congress recognizes the importance of the Transit Authority having a strong and independent Office of Inspector General, as codified in subsections (a) and (d) of Section 9 of Article III of the Compact.

(2)

Reforms.— The Secretary of Transportation may not provide any amounts to the Transit Authority under section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4968) (as amended by subsection (b)), until the Secretary of Transportation certifies that the Board has passed a resolution that—

(A)

provides that, for each fiscal year, the Office of Inspector General shall transmit a budget estimate and request to the Board specifying the aggregate amount of funds requested for the fiscal year for the operations of the Office of Inspector General;

(B)

delegates to the Inspector General, to the extent possible under the Compact and in accordance with each applicable Federal law or regulation, contracting officer authority, subject to the requirement that the Inspector General exercise that authority—

(i)

in accordance with Section 73 of Article XVI of the Compact, after working with the Transit Authority to amend procurement policies and procedures to give the Inspector General approving authority for exceptions to those policies and procedures; and

(ii)

only as is necessary to carry out the duties of the Office of Inspector General;

(C)

delegates to the Inspector General, to the extent possible under the Compact and in accordance with each applicable Federal law or regulation—

(i)

the authority to select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Office of Inspector General, subject to the requirement that the Inspector General exercise that authority in accordance with—

(I)

subsections (g) and (h) of Section 12 of Article V of the Compact; and

(II)

personnel policies and procedures of the Transit Authority; and

(ii)

approving authority, subject to the approval of the Board, for exceptions to policies that impact the independence of the Office of Inspector General, but those exceptions may not include the use of employee benefits and pension plans other than the employee benefits and pension plans of the Transit Authority;

(D)

(i)

ensures that the Inspector General obtains legal advice from a counsel reporting directly to the Inspector General; and

(ii)

prohibits the counsel described in clause (i) from—

(I)

providing legal advice for or on behalf of the Transit Authority;

(II)

issuing a legal opinion on behalf of the Transit Authority or making a statement about a legal position of the Transit Authority; or

(III)

waiving any privilege or protection from disclosure on any matter under the jurisdiction of the Transit Authority; and

(E)

requires the Inspector General to—

(i)

post any report containing a recommendation for corrective action to the website of the Office of Inspector General not later than 3 days after the report is submitted in final form to the Board, except that—

(I)

the Inspector General shall, if required by law or otherwise appropriate, redact—

(aa)

personally identifiable information;

(bb)

legally privileged information;

(cc)

information legally prohibited from disclosure; and

(dd)

information that, in the determination of the Inspector General, would pose a security risk to the systems of the Transit Authority; and

(II)

with respect to any investigative findings in a case involving administrative misconduct, whether included in a recommendation or otherwise, the Inspector General shall publish only a summary of the findings, which summary shall be redacted in accordance with the procedures set forth in subclause (I);

(ii)

submit a semiannual report containing recommendations of corrective action to the Board, which the Board shall transmit not later than 30 days after receipt of the report, together with any comments the Board determines appropriate, to—

(I)

each covered recipient described in subsection (a)(3)(A); and

(II)

any other recipients that the Board determines appropriate; and

(iii)

not later than 2 years after the date of enactment of this Act and 5 years after the date of enactment of this Act, submit to each covered recipient a report that—

(I)

describes the implementation by the Transit Authority of the reforms required under, and the use by the Transit Authority of the funding authorized under—

(aa)

chapter 34 of title 33.2 of the Code of Virginia;

(bb)

section 10–205 of the Transportation Article of the Code of Maryland; and

(cc)

section 6002 of the Dedicated WMATA Funding and Tax Changes Affecting Real Property and Sales Amendment Act of 2018 (1–325.401, D.C. Official Code); and

(II)

contains—

(aa)

an assessment of the effective use of the funding described in subclause (I) to address major capital improvement projects;

(bb)

a discussion of compliance with strategic plan deadlines;

(cc)

an examination of compliance with the reform requirements under the laws described in subclause (I), including identifying any challenges to compliance or implementation; and

(dd)

recommendations to the Transit Authority to improve implementation.

(e)

Capital Program and Planning.—

(1)

Capital planning procedures.— The Transit Authority may not expend any amounts received under section 602(b) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4968), (as added by subsection (c)), until the General Manager of the Transit Authority certifies to the Secretary of Transportation that the Transit Authority has implemented—

(A)

documented policies and procedures for the capital planning process that include—

(i)

a process that aligns projects to the strategic goals of the Transit Authority; and

(ii)

a process to develop total project costs and alternatives for all major capital projects (as defined in section 633.5 of title 49, Code of Federal Regulations (or successor regulations));

(B)

a transit asset management planning process that includes —

(i)

asset inventory and condition assessment procedures; and

(ii)

procedures to develop a data set of track, guideway, and infrastructure systems, including tunnels, bridges, and communications assets, that complies with the transit asset management regulations of the Secretary of Transportation under part 625 of title 49, Code of Federal Regulations (or successor regulations); and

(C)

performance measures, aligned with the strategic goals of the Transit Authority, to assess the effectiveness and outcomes of major capital projects.

(2)

Annual report.— As a condition of receiving amounts under section 602(b) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432; 122 Stat. 4968) (as added by subsection (c)), the Transit Authority shall submit an annual report detailing the Capital Improvement Program of the Transit Agency approved by the Board and compliance with the transit asset management regulations of the Secretary of Transportation under part 625 of title 49, Code of Federal Regulations (or successor regulations), to—

(A)

each covered recipient; and

(B)

any other recipient that the Board determines appropriate.

(f)

Sense of Congress.— It is the sense of Congress that the Transit Authority should—

(1)

continue to prioritize the implementation of new technological systems that include robust cybersecurity protections; and

(2)

prioritize continued integration of new wireless services and emergency communications networks, while also leveraging partnerships with mobility services to improve the competitiveness of the core business.

(g)

Additional Reporting.—

(1)

In general.— Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the congressional committees described in paragraph (2) a report that—

(A)

assesses whether the reforms required under subsection (d) (relating to strengthening the independence of the Office of Inspector General) have been implemented; and

(B)

assesses—

(i)

whether the reforms required under subsection (g) have been implemented; and

(ii)

the impact of those reforms on the capital planning process of the Transit Authority.

(2)

Congressional committees.— The congressional committees described in this paragraph are—

(A)

the Committee on Banking, Housing, and Urban Affairs of the Senate;

(B)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(C)

the Committee on Transportation and Infrastructure of the House of Representatives; and

(D)

the Committee on Oversight and Reform of the House of Representatives.

Division C — Transit

DIVISION C Transit

SEC. 30001. Definitions.

SEC. 30002. Metropolitan Transportation Planning.

SEC. 30003. Statewide and Nonmetropolitan Transportation Planning.

SEC. 30004. Planning Programs.

SEC. 30005. Fixed Guideway Capital Investment Grants.

SEC. 30006. Formula Grants for Rural Areas.

SEC. 30007. Public Transportation Innovation.

SEC. 30008. Bus Testing Facilities.

SEC. 30009. Transit-Oriented Development.

SEC. 30010. General Provisions.

SEC. 30011. Public Transportation Emergency Relief Program.

SEC. 30012. Public Transportation Safety Program.

SEC. 30013. Administrative Provisions.

SEC. 30014. National Transit Database.

SEC. 30015. Apportionment of Appropriations for Formula Grants.

SEC. 30016. State of Good Repair Grants.

SEC. 30017. Authorizations.

SEC. 30018. Grants for Buses and Bus Facilities.

SEC. 30019. Washington Metropolitan Area Transit Authority Safety, Accountability, and Investment.

Cite this provision

Incoming references