(a) Short title.—This Act may be cited as the “Surface Transportation Advanced through Reform, Technology, and Efficient Review Act” or the “STARTER Act”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1.  Short title; table of contents.

(a) In general.—Except as otherwise provided in this Act, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2025.

(b) Authorization of appropriations.—

(1) HIGHWAY TRUST FUND.—

(A) HIGHWAY ACCOUNT.—There is authorized to be appropriated from the Highway Account for each of fiscal years 2021 through 2025, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to 110 percent of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020.

(B) MASS TRANSIT ACCOUNT.—There is authorized to be appropriated from the Mass Transit Account for each of fiscal years 2021 through 2025, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to 110 percent of the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020.

(2) GENERAL FUND.—There is authorized to be appropriated for each of fiscal years 2021 through 2025, for each program with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account under the titles specified in subsection (e)(1)(A), an amount equal to the amount authorized for appropriation with respect to the program under such titles for fiscal year 2020.

(c) Use of funds.—Subject to section 1004(b), amounts authorized to be appropriated for each of fiscal years 2021 through 2025 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws.

(d) Obligation limitation.—Subject to section 1004(d), a program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for each of fiscal years 2021 through 2025 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020.

(e) Definitions.—In this section, the following definitions apply:

(1) COVERED LAWS.—The term “covered laws” means the following:

(A) Titles I, III, IV, V, and VI of division A of the FAST Act (Public Law 114–94).

(B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 (Public Law 112–141).

(C) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244).

(D) Titles I, II, III, IV, V, and VI of SAFETEA–LU (Public Law 109–59).

(E) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century (Public Law 105–178).

(F) Titles II, III, and IV of the National Highway System Designation Act of 1995 (Public Law 104–59).

(G) Title I, part A of title II, title III, title IV, title V, and title VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240).

(H) Title 23, United States Code.

(I) Subtitle IV of Title 40, United States Code.

(J) Sections 116, 117, 330, and 5505 and chapters 53, 303, 311, 313, 701, and 702 of title 49, United States Code.

(2) HIGHWAY ACCOUNT.—The term “Highway Account” means the portion of the Highway Trust Fund that is not the Mass Transit Account.

(3) MASS TRANSIT ACCOUNT.—The term “Mass Transit Account” means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.

Section 9503 of the Internal Revenue Code of 1986 is amended—

(a) by striking “October 1, 2020” in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting “October 1, 2021”; and

(b) by striking “FAST Act” in subsections (c)(1) and (e)(3) and inserting “STARTER Act”.

(a) In general.—

(1) Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking “September 30, 2022” and inserting “September 30, 2025”:

(A) Section 4041(a)(1)(C)(iii)(I).

(B) Section 4041(m)(1)(B).

(C) Section 4081(d)(1).

(2) Each of the following provisions of such Code is amended by striking “October 1, 2022” and inserting “October 1, 2025”:

(A) Section 4041(m)(1)(A).

(B) Section 4051(c).

(C) Section 4071(d).

(D) Section 4081(d)(3).

(b) Extension of tax, etc., on use of certain heavy vehicles.—Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking “2023” each place it appears and inserting “2025”:

(1) Section 4481(f).

(2) Subsections (c)(4) and (d) of section 4482.

(c) Floor stocks refunds.—Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended—

(1) by striking “October 1, 2022” each place it appears and inserting “October 1, 2025”;

(2) by striking “March 31, 2023” each place it appears and inserting “March 31, 2025”; and

(3) by striking “January 1, 2023” and inserting “January 1, 2025”.

(d) Extension of certain exemptions.—

(1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by striking “October 1, 2022” and inserting “October 1, 2025”.

(2) Section 4483(i) of such Code is amended by striking “October 1, 2023” and inserting “October 1, 2025”.

(e) Extension of transfers of certain taxes.—

(1) IN GENERAL.—Section 9503 of the Internal Revenue Code of 1986 is amended—

(A) in subsection (b)—

(i) by striking “October 1, 2022” each place it appears in paragraphs (1) and (2) and inserting “October 1, 2025”;

(ii) by striking “October 1, 2022” in the heading of paragraph (2) and inserting “October 1, 2025”;

(iii) by striking “September 30, 2022” in paragraph (2) and inserting “September 30, 2025”; and

(iv) by striking “July 1, 2023” in paragraph (2) and inserting “July 1, 2025”; and

(B) in subsection (c)(2), by striking “July 1, 2023” and inserting “July 1, 2025”.

(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.—

(A) IN GENERAL.—Paragraphs (3)(A)(i) and (4)(A) of section 9503(c) of such Code are each amended by striking “October 1, 2022” and inserting “October 1, 2025”.

(B) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION FUND.—Section 200310 of title 54, United States Code, is amended by striking “October 1, 2023” each place it appears and inserting “October 1, 2025”; and (ii) by striking “October 1, 2022” and inserting “October 1, 2025.”

(f) Effective date.—The amendments made by this section shall take effect on October 1, 2020.

(a) In general.—Notwithstanding any other provision of law, for each of fiscal years 2021 through 2025, any excess amount authorized to be appropriated from the Highway Account or the Mass Transit Account shall be distributed as described in subsection (b).

(b) Adjustment to core account programs.—For each fiscal year in which an excess amount as described in subsection (a) is authorized to be appropriated from the Highway Account or the Mass Transit Account, the Secretary shall—

(1) under section 1001 of this Act make available for core account programs authorized from such account an amount equal to the amount authorized for such programs in fiscal year 2020 under the FAST Act;

(2) under this section, make available an additional amount for such programs equal to the excess amount authorized to be appropriated as described in subsection (a); and

(3) distribute the additional amount under paragraph (2) to each of such core account programs in accordance with subsection (c).

(c) Distribution of adjustment among core account programs.—

(1) IN GENERAL.—In making an adjustment for core account programs authorized from the Highway Account or the Mass Transit Account for a fiscal year under subsection (b), the Secretary shall—

(A) determine the ratio that—

(i) the amount authorized to be appropriated for a core account program from the account for fiscal year 2020; bears to

(ii) the total amount authorized to be appropriated for such fiscal year for all core account programs under such account;

(B) multiply the ratio determined under subparagraph (A) by the amount of the adjustment under subsection (b)(2); and

(C) adjust the amount that the Secretary would otherwise have allocated for the core account program for the fiscal year by the amount calculated under subparagraph (B).

(2) FORMULA PROGRAMS.—

(A) IN GENERAL.—Subject to subparagraph (B), for a program for which funds are distributed by formula, the Secretary shall add the adjustment to the amount authorized for the program but for this section and make available the adjusted program amount for such program in accordance with such formula.

(B) EXCEPTION.—In making the adjustment under subparagraph (A), the Secretary shall exclude subsections (b)(4), (b)(5)(D), and (b)(6) of section 104 of title 23, United States Code, from the formula calculations.

(3) AVAILABILITY FOR OBLIGATION.—Adjusted amounts under this subsection shall be available for obligation and administered in the same manner as other amounts made available for the program for which the amount is adjusted.

(4) SPECIAL RULE.—

(A) ADJUSTMENT.—In making an adjustment under subsection (c)(1) for an allocation, reservation, or set-aside from an amount authorized from the Highway Account or Mass Transit Account referred to in subparagraph (B), the Secretary shall—

(i) determine the ratio that—

(I) the amount authorized to be appropriated for the allocation, reservation, or set-aside from the account for fiscal year 2020; bears to

(II) the total amount authorized to be appropriated for such fiscal year for all core account programs under such account;

(ii) multiply the ratio determined under clause (i) by the amount of the adjustment determined under subsection (b)(2); and

(iii) adjust the amount that the Secretary would have allocated for the allocation, reservation, or set-aside for the fiscal year but for this section by the amount calculated under clause (ii).

(B) ALLOCATIONS, RESERVATIONS, AND SET-ASIDES.—The allocations, reservations, and set-asides referred to in subparagraph (A) are—

(i) the amount reserved for a fiscal year under section 133(h)(1)(A);

(ii) the amount set aside for a fiscal year for the National Highway Freight Program under section 104(b)(5);

(iii) supplemental funds reserved for a fiscal year for the National Highway Performance Program under section 104(h)(1); and

(iv) supplemental funds reserved for a fiscal year for the surface transportation block grant program under section 104(h)(2).

(d) Revision to obligation limitations.—If the Secretary makes an adjustment under subsection (b) for a fiscal year to an amount subject to a limitation on obligations imposed by any other provision of law—

(1) such limitation on obligations for such fiscal year shall be revised by an amount equal to such adjustment; and

(2) the Secretary shall distribute such limitation on obligations, as revised under paragraph (1), in accordance with such provisions.

(e) Definitions.—In this section, the following definitions apply—

(1) HIGHWAY ACCOUNT.—The term “Highway Account” means the portion of the Highway Trust Fund that is not the Mass Transit Account.

(2) MASS TRANSIT ACCOUNT.—The term “Mass Transit Account” means the Mass Transit Account of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code of 1986.

(3) CORE ACCOUNT PROGRAMS.—The term “core account programs” means—

(A) the National Highway Performance Program under section 119 of title 23, United States Code;

(B) the Surface Transportation Block Grant Program under section 133 of title 23, United States Code;

(C) the Highway Safety Improvement Program under section 148 of title 23, United States Code;

(D) the National Highway Freight Program under section 167 of title 23, United States Code; and

(E) the Formula Grants for Rural Areas Program under section 5311 of title 49, United States Code.

(4) EXCESS AMOUNT.—The term “excess amount” means—

(A) the amount authorized to be appropriated for a fiscal year from the Highway Account or the Mass Transit Account; minus

(B) the amount authorized to be appropriated for fiscal year 2020 from such account under the FAST Act (Public Law 114–94).

This Act and the amendments made by this Act shall take effect on October 1, 2020.

There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the nationally significant freight and highway projects program under section 117 of title 23, United States Code, such sums as may be necessary for each of fiscal years 2021 through 2025.

There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the national highway freight program under section 167 of title 23, United States Code, such sums as may be necessary for each of fiscal years 2021 through 2025.

(a) Parking for commercial vehicles.—Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by adding after the item relating to section 171 the following:

“171. Truck parking safety improvement.”.

Notwithstanding any other provision of law, the Federal share of the cost of a project under title 23, United States Code, for which amounts are made available during fiscal year 2021 and 2022 may be up to 100 percent, at the discretion of the Secretary of Transportation.

(a) In general.—Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:

“172. Consolidated funding program.”.

Section 139 of title 23, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (3)(B) by striking “process for and completion of any environmental permit” and inserting “process and schedule, including a timetable for and completion of any environmental permit”;

(B) by redesignating paragraphs (5) through (8) as paragraphs (9) through (11);

(C) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6);

(D) by inserting after paragraph (1) the following:

“(2) AUTHORIZATION.—The term ‘authorization’ means any environmental license, permit, approval, finding, or other administrative decision related to an environmental review process that is required under Federal law to site, construct, or reconstruct a project.

“(3) ENVIRONMENTAL DOCUMENT.—The term ‘environmental document’ means an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”; and

(E) by inserting after paragraph (6), as redesignated, the following:

“(7) MAJOR PROJECT.—The term ‘major project’ means a project for which—

“(A) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(B) the project sponsor has identified the reasonable availability of funds sufficient to complete the project;

“(C) the project is not a covered project, as such term is defined in section 41001 of the FAST Act (42 U.S.C. 4370m); and

“(D) the head of the lead agency has determined that—

“(i) an environmental impact statement is required; or

“(ii) an environmental assessment is required, and the project sponsor requests that the project be treated as a major project.”;

(2) in subsection (b)(1)—

(A) by inserting “, including major projects,” after “all projects”; and

(B) by inserting “, at the request of a project sponsor” after “be applied”;

(3) in subsection (c)—

(A) in paragraph (6)—

(i) in subparagraph (B) by striking “and” at the end;

(ii) in subparagraph (C) by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year.”; and

(B) by adding at the end the following:

“(7) PROCESS IMPROVEMENTS FOR PROJECTS.—

“(A) IN GENERAL.—The Secretary shall review existing practices, procedures, programmatic agreements, and applicable laws to identify potential changes that would facilitate an efficient environmental review process for projects.

“(B) CONSULTATION.—In conducting the review required by subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process.

“(C) REPORT.—Not later than 2 years after the date of enactment of the One Federal Decision Act of 2020, Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

“(i) the results of the review required by subparagraph (A); and

“(ii) an analysis of whether additional resources would help the Secretary meet the requirements applicable to the projects under this section.”;

(4) in subsection (d)—

(A) in paragraph (8)—

(i) in the heading, by striking “NEPA” and inserting “Environmental”;

(ii) by amending subparagraph (A) to read as follows:

“(A) IN GENERAL.—Except as inconsistent with paragraph (7), and except as provided in subparagraph (D), to the maximum extent practicable and consistent with Federal law, all Federal authorizations and reviews for a project shall rely on a single environmental document for each type of environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the leadership of the lead agency.”; and

(iii) by adding at the end the following:

“(D) EXCEPTION.—The lead agency may waive the application of subparagraph (A) with respect to a project if—

“(i) the project sponsor requests that agencies issue separate environmental documents;

“(ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to such project; or

“(iii) the lead agency determines that such application would not facilitate completion of the environmental review process for such project within the timeline established under paragraph (10).”; and

(B) by adding at the end the following:

“(10) TIMELY AUTHORIZATIONS FOR MAJOR PROJECTS.—

“(A) DEADLINE.—Except as provided in subparagraph (C), notwithstanding any other provision of law, all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project.

“(B) REQUIRED LEVEL OF DETAIL.—The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies in the environmental review process.

“(C) EXTENSION OF DEADLINE.—Not later than 180 days after the date of enactment of the One Federal Decision Act of 2020, the Secretary shall establish procedures for a lead agency to extend a deadline under subparagraph (A) in cases in which—

“(i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in such subparagraph;

“(ii) such an extension is requested by the project sponsor; or

“(iii) such extension would facilitate the completion of the environmental review and authorization process of the major project.”;

(5) in subsection (g)—

(A) in paragraph (1)(B)—

(i) by amending clause (ii)(IV) to read as follows:

“(IV) the overall time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of the project;”; and

(ii) by adding at the end the following:

“(iii) MAJOR PROJECT SCHEDULE.—To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in consultation with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects. The time period measured, as applicable—

“(I) in the case of a project that requires an environmental impact statement, begins on the date of publication of a notice of intent to prepare an environmental impact statement and ends on the date of publication of a record of decision; or

“(II) in the case of a project which does not require an environmental impact statement, begins on the date that the decision is made to prepare an environmental assessment and ends on the date of issuance of a finding of no significant impact.”;

(B) by redesignating subparagraph (E) as subparagraph (F); and

(C) by inserting after subparagraph (D) the following:

“(E) FAILURE TO MEET DEADLINE.—If a Federal cooperating agency fails to meet a deadline established under subparagraph (D)(ii)(I)—

“(i) not later than 30 days after the date such agency failed to meet such deadline, such agency shall submit to the Secretary a report on why the deadline was not met; and

“(ii) not later than 30 days after the date on which a report is submitted under clause (i), the Secretary shall—

“(I) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of such report; and

“(II) make such report available to the public on the internet.”; and

(6) by adding at the end the following:

(a) Amendments.—Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended—

(1) in section 102(2)(C), by inserting “subject to section 106,” before “include”; and

(2) by adding at the end the following:

(b) Regulatory changes.—

(1) CONTROVERSY AS A FACTOR IN DETERMINING SIGNIFICANCE.—The Council on Environmental Quality shall, not later than 90 days after the date of enactment of this Act, issue regulations to remove consideration of the level of controversy with respect to a determination regarding whether a proposed Federal action is significant as such term is used in section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

(2) ALTERNATIVES OUTSIDE OF AGENCY JURISDICTION.—The Council on Environmental Quality shall, not later than 120 days after the date of enactment of this Act, issue regulations to remove any requirement that a lead agency consider alternatives not within the jurisdiction of such agency unless such consideration is necessary for agency decision making under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

(a) In general.—Section 304 of title 49, United States Code, is amended—

(1) in the section heading by striking “multimodal” and inserting “transportation”;

(2) in subsection (a)—

(A) in paragraph (1)—

(i) by striking “Department of Transportation operating administration or secretarial office” and inserting “Federal agency”;

(ii) by striking “lead authority” and inserting “lead agency”; and

(iii) by striking “multimodal”;

(B) by amending paragraph (2) to read as follows:

“(2) LEAD AGENCY.—The term ‘lead agency’ means a Federal agency, or State agency that has been delegated authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), that has the lead responsibility for compliance with such Act with respect to a proposed project.”; and

(C) by amending paragraph (3) to read as follows:

“(3) PROJECT.—The term ‘project’ has the meaning given such term in section 139(a) of title 23.”;

(3) in subsection (b) by striking “multimodal”;

(4) in subsection (c)—

(A) in the heading by striking “multimodal”;

(B) by striking “multimodal project, a lead authority” and inserting “project, a lead agency”;

(C) by striking “procedures of a cooperating authority for a proposed multimodal project” and inserting “procedures of any other Federal agency for a proposed project”;

(D) in paragraph (1)—

(i) by striking “lead authority makes a determination, with the concurrence of the cooperating authority” and inserting “the Federal agency proposing to apply the categorical exclusion makes a determination, after consultation with the other Federal agencies”;

(ii) in subparagraph (A) by striking “multimodal”; and

(iii) in subparagraph (B) by striking the semicolon and inserting “; and”;

(E) in paragraph (2)—

(i) by striking “lead authority” and inserting “lead agency proposing to apply the categorical exclusion”; and

(ii) by striking “of the cooperating authority or procedures under that Act; and” and inserting “or procedures of the other Federal agency under that Act.”; and

(F) by striking paragraph (3); and

(5) in subsection (d) by striking “multimodal”.

(b) Clerical amendment.—The analysis for chapter 3 of title 49, United States Code, is amended by striking the item relating to section 304 and inserting the following:

“304. Application of categorical exclusions for transportation projects.”.

(a) Separating requirements applicable to projects.—Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended—

(1) in the matter preceding subparagraph (A) in paragraph (1) by striking “Conformity to” and inserting “Conformity to”;

(2) in paragraph (2)—

(A) by striking “(2) Any transportation” and inserting “(2)(A) Any transportation”;

(B) by striking “any transportation plan, program or project unless such plan, program or project” and inserting “any transportation plan or program unless such plan or program”;

(C) by striking “(A) no transportation” and inserting “(i) no transportation”;

(D) by striking “(B) no metropolitan” and inserting “(ii) no metropolitan”;

(E) by striking “(C) a transportation project may be adopted or approved by a metropolitan planning organization or any recipient of funds designated under title 23, United States Code, chapter 53 of title 49, United States Code, or found in conformity by a metropolitan planning organization or approved, accepted, or funded by the Department of Transportation only if it meets either the requirements of subparagraph (D)” and inserting the following:

“(B) Except as provided in this section, no Federal agency may approve, accept, or fund any transportation project unless such project has been found to conform to any applicable implementation plan in effect under this Act. A transportation project may be found in conformity by the Department of Transportation only if it meets either the requirements of subparagraph (C)”;

(F) by adjusting the margins of clauses (i), (ii), and (iii) of subparagraph (B), as redesignated, 2 ems to the left; and

(G) by striking “(D) Any project not referred to” and inserting the following:

“(C) Any project not referred to”.

(b) Conformity determinations prior to construction of transportation projects.—Paragraph (2) of section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)), as amended by subsection (a), is further amended by adding at the end the following new subparagraph:

“(E) The conformity determinations required by this section with respect to transportation projects shall be coordinated with the transportation planning process under sections 134 and 135 of title 23, United States Code, and with the environmental review process required under the National Environmental Policy Act of 1969 and other applicable laws, in accordance with the following requirements:

“(i) The Secretary of Transportation shall make its conformity determination for a transportation project prior to initiation of construction of the project.

“(ii) The Secretary of Transportation shall include the transportation project in the plan or program developed pursuant to title 23 or chapter 53 of title 49, as applicable, before the Secretary of Transportation makes a conformity determination for the project.

“(iii) The Secretary of Transportation shall—

“(I) ensure that any environmental document prepared for the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4332 et seq.) discloses the need for a transportation conformity determination and evaluates consistency with conformity requirements; and

“(II) condition any approval issued by the Secretary in the environmental review process on satisfying conformity requirements prior to construction.”.

(c) Technical correction to margins.—The margins of paragraphs (5) through (10) of section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) are amended by moving such margins 2 ems to the left.

(d) Applicability.—Section 176(c)(5) of the Clean Air Act (42 U.S.C. 7506(c)(5)), as amended by subsection (c), is further amended—

(1) by striking “(5) Applicability.—This subsection” and inserting “(5) Applicability.—(A) This subsection”; and

(2) by adding at the end the following new subparagraph:

“(B) If a new national ambient air quality standard is promulgated for an air pollutant under section 109, the requirements of this section apply only with respect to the most recently promulgated standard.”.

(e) Programmatic conformity determinations.—Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)), as amended, is amended by adding at the end the following new paragraph:

“(11) Programmatic conformity determinations.—

“(A) IN GENERAL.—The Secretary of Transportation—

“(i) shall, to the maximum extent practicable, use programmatic conformity determinations to streamline the process for satisfying transportation conformity requirements under this subsection; and

“(ii) may issue a programmatic conformity determination, in consultation with the Administrator, on a nationwide, statewide, metropolitan, or other geographic basis.

“(B) REGULATIONS.—

“(i) REQUIREMENT.—Not later than 180 days after the date of enactment of this paragraph, the Secretary of Transportation shall issue regulations implementing this paragraph.

“(ii) CONTENTS.—The regulations required by clause (i) shall include, at a minimum, procedures for making programmatic conformity determinations for—

“(I) projects in marginal nonattainment areas;

“(II) projects that are not exempt from conformity requirements, but would have individually and cumulatively minor effects on the applicable area’s ability to control pollutants; and

“(III) projects located in areas in which the ambient levels of the applicable pollutant are substantially lower than the level required by the applicable national ambient air quality standard, such that an exceedance of that standard is determined by the Secretary to be unlikely to occur.

“(C) DEFINITION.—In this paragraph, the term ‘programmatic conformity determination’ includes any conformity determination that applies to a category of transportation plans, programs, or projects.”.

Section 111(e) of title 23, United States Code, is amended by striking subsection (e) and inserting the following:

“(e) Justification reports.—

“(1) IN GENERAL.—Upon request of a State, the Secretary shall enter into a written agreement with the State that assigns the full responsibility of the Secretary to the State for granting any approvals required under subsection (a) for changes in points of access to, or exits from, the Interstate System (including new or modified freeway-to-crossroad interchanges inside a transportation management area (designated or identified under section 5303(k) of title 49)).

“(2) CONDITIONS.—In entering into a written agreement under paragraph (1), the Secretary shall include appropriate conditions to ensure that the responsibilities assigned are carried out in a manner consistent with maintaining a safe and efficient Interstate System.”.

Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended—

(1) in subsection (f)(1)—

(A) in subparagraph (C) by striking “or the maintenance of drainage ditches”;

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

(C) by inserting after subparagraph (C) the following:

“(D) activities involving maintenance, repair and/or construction of roadside ditches, including emergency activities, temporary fills, and changes in the character, scope, and/or size of the original fill design to meet current design and safety standards, provided that they do not result in significant alterations to flow or circulation, and maintain to the maximum extent practicable, the course, condition, capacity, and location of open waters;”; and

(2) in subsection (s)(3) by striking “acton” and inserting “action”.

(a) Findings.—Congress finds the following:

(1) The environmental review process for transportation infrastructure projects is complex and inefficient, resulting in delays and increased costs of delivery of needed improvements to our transportation system.

(2) It is in the national interest to promote truly innovative approaches that have the potential to yield positive environmental and transportation outcomes more quickly and efficiently, with greater transparency and responsiveness to all stakeholders.

(b) Establishment.—The Secretary of Transportation shall establish a pilot program to promote the use of innovative practices in carrying out environmental reviews for transportation projects, including innovative practices that—

(1) integrate environmental planning or other techniques involving consideration of multiple resources on a watershed or ecosystem scale;

(2) enhance environmental mitigation and enhancement measures that will result in a substantial improvement over existing conditions in an ecosystem or watershed;

(3) use innovative technologies that enable more effective public participation in decision making, including use of visualization, animation, and other advanced methods for depicting alternatives; and

(4) focus on environmental and transportation outcomes rather than processes.

(c) Flexibilities.—In carrying out the pilot program established under subsection (b), the Secretary, in concurrence with the affected agency may waive, with respect to an eligible project, any requirement under Federal law, regulation, or order, if the Secretary and such agencies find that waiving the requirement is reasonably expected to—

(1) promote the development of innovative practices for the environmental review process, as described in paragraphs (1) through (4) of subsection (b);

(2) enable the more efficient delivery of needed improvements to the transportation system; and

(3) result in achieving the conservation goals of relevant statutes.

(d) Eligibility.—In carrying out the pilot program established under subsection (b), the Secretary may not select more than 15 eligible projects to participate in the program.

(e) Application process.—

(1) IN GENERAL.—The Secretary and the affected agency shall be jointly responsible for reviewing and approving applications for participation in the program, as set forth in this subsection.

(2) APPLICATION.—The applicant shall submit a written application, in a form prescribed by the Secretary, requesting use of one or more innovative practices in the environmental review process for the project or proposal and identifying any flexibilities needed to carry out those innovative practices.

(3) WRITTEN RECOMMENDATION.—If the Secretary recommends approval of the application, the Secretary shall submit a written recommendation to the affected agency for review. The Secretary’s recommendation may include modifications to the applicant’s proposal.

(4) APPROVAL OR DENIAL OF APPLICATION.—The affected agency shall approve or deny the application, or approve the application with conditions.

(5) COMMUNICATION OF DECISION.—Upon the final approval decision by the Secretary and affected agency, the Secretary shall communicate the decision in writing to the project sponsor, the affected State (if not the project sponsor), and each affected agency, and shall post the decision on the agency’s public website, and publish the decision in the Federal Register. The Secretary’s notice shall identify, with specificity, each Federal requirement that has been waived or otherwise modified. This decision shall be final.

(f) Implementation.—Upon publication of the decision in the Federal Register pursuant to subsection (e)(5), the Secretary may initiate the proposal or the environmental review process for the project. Each Federal agency with responsibility for review, consultation, approval, or other role in the environmental review process for the project or proposal shall proceed in accordance with the decision.

(g) Termination.—

(1) IN GENERAL.—The Secretary or any affected agency may terminate the participation of a project in the pilot program under this section if the Secretary or affected agency determines that—

(A) the conditions for participation (as set forth in the application approval decision) have not been met; and

(B) termination is in the public interest.

(2) NOTICE.—Before terminating a project’s participation under paragraph (1), the Secretary shall give the project sponsor (and the State, if the State is not the sponsor) written notice and a period of at least 30 days to address the concerns.

(h) Reporting.—

(1) ANNUAL REPORT.—The Secretary, in consultation with the affected agency, shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on each eligible project participating in the program.

(2) CONTENTS.—The annual report under paragraph (1) shall—

(A) identify each eligible project;

(B) provide a status update on the environmental review process for such project; and

(C) summarize any lessons learned from the use of innovative practices authorized under the pilot program.

(i) Sunset.—The pilot program established under subsection (b) shall terminate on the date that is 5 years after the date of enactment of this Act.

(j) Definitions.—In this section:

(1) AFFECTED AGENCY.—The term “affected agency” means a Federal agency or agencies, other than the Department of Transportation, with an approval or consultation role that would be affected if the flexibilities described in subsection (c) are used.

(2) ELIGIBLE ENTITY.—The term “eligible entity” means any State department of transportation.

(3) ELIGIBLE PROJECT.—The term “eligible project” includes—

(A) any project (as such term is defined in section 139(a)(6) of title 23, United States Code) for which the environmental review process has not been initiated for such project; and

(B) any proposal to meet paragraphs (1) through (4) of subsection (c).

(a) Definitions.—In this section:

(1) ELIGIBLE BORROWER.—The term “eligible borrower” means a recipient of an eligible loan administered by the National Surface Transportation and Innovative Finance Bureau.

(2) ELIGIBLE LOAN.—The term “eligible loan” means a loan provided on or before the date of enactment of this Act under a program described in subparagraph (A) or (B) of section 116(d)(1) of title 49, United States Code.

(3) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

(b) Interest rate reset.—

(1) IN GENERAL.—If, at any time after the date of execution of an eligible loan, the eligible borrower of such eligible loan is impacted by COVID–19 and unable to generate sufficient revenues from the dedicated revenue source to pay the scheduled repayments of principal and interest on such eligible loan—

(A) the eligible borrower may submit to the Secretary a request to reset the interest rate of the eligible loan in such manner and containing such information as the Secretary may require; and

(B) the Secretary—

(i) in accordance with such criteria as the Secretary may establish under subsection (d), shall determine whether the eligible borrower is impacted by COVID–19; and

(ii) if a positive determination is made under clause (i), may reset the interest rate of such eligible loan (including through amendment of such eligible loan) to a lower interest rate equal to not less than the yield on United States Treasury securities of a similar maturity to the maturity of the eligible loan on the date of the reset, in accordance with this section.

(2) APPLICABILITY.—A lower interest rate provided for an eligible loan pursuant to paragraph (1)(B)(ii) shall apply until the final maturity date of the eligible loan.

(c) Other loan modifications.—With respect to an eligible borrower impacted by COVID–19, the Secretary, on determining that the eligible borrower has been impacted by COVID–19, may—

(1) allow, for a maximum aggregate period of not more than 5 years, an obligor to add unpaid principal and interest to the outstanding balance of the loan, subject to the requirements under section 502(j)(3)(B) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(j)(3)(B)) or section 603(c)(3)(B) of title 23, United States Code, as applicable; and

(2) extend any applicable disbursement period established under an agreement for credit assistance made pursuant to section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) or section 603 of title 23, United States Code, as applicable.

(d) Criteria.—

(1) IN GENERAL.—To be eligible to receive a lower interest rate or other loan modification under this section, an eligible borrower shall achieve compliance with such criteria as the Secretary may establish, in accordance with paragraph (2).

(2) FACTORS FOR CONSIDERATION.—In establishing criteria for purposes of paragraph (1), the Secretary may take into consideration such factors as the Secretary determines to be relevant, including achieving the objectives of—

(A) maintaining the operation of a project carried out by an eligible borrower in a disaster, emergency, or other extenuating circumstance;

(B) mitigating the financial impact on an eligible borrower of a disaster, emergency, or other extenuating circumstance; and

(C) protecting the interests of the Federal Government in critical infrastructure.

(e) Effective period.—

(1) IN GENERAL.—The authority of the Secretary to reset interest rates pursuant to this section shall terminate on September 30, 2021.

(2) EFFECT OF SUBSECTION.—Nothing in this subsection affects any eligible loan that is modified pursuant to this section on or before September 30, 2021.

This title may be cited as the “Federal Public Transportation Act of 2020”.

Section 5307(f)(2) of title 49, United States Code, is amended—

(1) by striking “At least once every 3 years” and inserting the following:

(2) by adding at the end the following:

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

(1) in subsection (a)—

(A) in paragraph (7)—

(i) in subparagraph (A) by striking “$100,000,000” and inserting “$200,000,000”; and

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

(B) by adding at the end the following:

“(8) RURAL START PROJECT.—The term ‘rural start project’ means a new transit capital project that is not in an urbanized area for which—

“(A) the Federal assistance provided or to be provided under this section is less than $80,000,000; and

“(B) the total estimated net capital cost is less than $150,000,000.”;

(2) in subsection (b)(1) by striking “or small start projects” and inserting “, small start projects, or rural start projects”;

(3) in subsection (c)(1) by striking “small start projects” and inserting “, small start projects, rural start projects”; and

(4) in subsection (h)—

(A) in the heading by striking “Small start projects” and inserting “Small start projects and rural start projects”;

(B) in paragraph (1) by striking “small start project” and inserting “small start project or rural start project”;

(C) in paragraph (2)(A) by striking “small starts project” and inserting “small start project or rural start project”;

(D) in paragraph (3) by striking “small start project” and inserting “small start project or rural start project”; and

(E) in paragraph (6)(A) by striking “small start project” and inserting “small start project or rural start project”.

Section 5310 of title 49, United States Code, is amended—

(1) in subsection (b)(2) by striking “(A) Amount available” and all that follows through “A recipient of a grant under” and inserting “A recipient of a grant under”;

(2) in subsection (c)(2) by adding at the end the following:

(3) by striking paragraphs (1) and (2) of subsection (d) and inserting the following:

“(1) CAPITAL PROJECTS.—

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

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

“(2) OPERATING ASSISTANCE.—

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

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

(4) by striking subsection (e)(1) and inserting the following:

“(1) IN GENERAL.—To the extent the Secretary determines appropriate, the requirements of—

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

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

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

(1) in paragraph (1) by adding at the end the following:

“(C) PROJECTS IN QUALIFIED OPPORTUNITY ZONES, MEDICALLY UNDERSERVED AREAS, OR AREAS WITH A MEDICALLY UNDERSERVED POPULATION.—A grant awarded under this section for a capital project in a qualified opportunity zone, a medically underserved area, or areas with a medically underserved population shall be for 90 percent of the net costs of the project, as determined by the Secretary.”;

(2) in paragraph (2) by adding at the end the following:

“(C) PROJECTS IN QUALIFIED OPPORTUNITY ZONES, MEDICALLY UNDERSERVED AREAS, OR AREAS WITH A MEDICALLY UNDERSERVED POPULATION.—A grant awarded under this section for a capital project in a qualified opportunity zone, a medically underserved area, or an area with a medically underserved population shall be for 62.5 percent of the Government share provided for under paragraph (1)(B).”; and

(3) by adding at the end the following:

(a) Research project eligibility.—Section 5312(c)(2) of title 49, United States Code, is amended—

(1) in subparagraph (M), by striking “or” at the end;

(2) by redesignating subparagraph (N) as subparagraph (O); and

(3) by inserting after subparagraph (M) the following:

“(N) access to hospitals and healthcare providers in areas underserved by transit or with limited public transportation options, as determined by the Secretary; or”.

(b) Innovation and development project eligibility.—Section 5312(d)(2) of title 49, United States Code, is amended—

(1) in subparagraph (G), by striking “or” at the end;

(2) by redesignating subparagraph (H) as subparagraph (I); and

(3) by inserting after subparagraph (G) the following:

“(H) public transportation projects that improve health care access and outcomes; or”.

(c) Demonstration, deployment, and evaluation project eligibility.—Section 5312(e)(3) of title 49, United States Code, is amended—

(1) in subparagraph (B), by striking “or” at the end;

(2) in subparagraph (C), by striking the period and inserting “; or”; and

(3) by adding at the end the following:

“(D) the deployment of public transportation projects or practices that—

“(i) achieve measurable improvements in transportation access to health care for medically underserved areas or populations, as designated by the Health Resources and Services Administration pursuant to section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3));

“(ii) implement transportation strategies for addressing significant health needs as identified by a community health needs assessment pursuant to the requirements of section 501(r)(3)(A) of the Internal Revenue Code of 1986; or

“(iii) eliminate or reduce transportation barriers to accessing health care that are identified and prioritized in the coordinated public transit-human services transportation plan described in section 5310(e)(2)(A).”.

(a) In general.—Section 5314(a) of title 49, United States Code, is amended—

(1) in paragraph (2)—

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

(B) by redesignating subparagraph (I) as subparagraph (J); and

(C) by inserting after subparagraph (H) the following:

“(I) provide innovation and capacity building to rural and tribal public transportation recipients but not to duplicate the activities of sections 5311(b) or 5312; and”; and

(2) by adding at the end the following:

“(4) AVAILABILITY OF AMOUNTS.—Of the amounts made available to carry out this section under section 5338(c), such sums as necessary shall be available to carry out activities described in paragraph (2)(I).”.

(b) Availability of amounts.—Section 5314(c)(4)(A) of title 49, United States Code, is amended by inserting “5311,” after “5307,”.

(a) Reasonable access to public transportation facilities.—Section 5323(r) of title 49, United States Code, is amended to read as follows:

“(r) Reasonable access to public transportation facilities.—

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

“(2) RESPONSE TO REQUEST.—

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

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

(b) Waivers and deferrals; administrative option.—Section 5323 of title 49, United States Code, is amended by striking subsection (t) and inserting the following:

“(t) Waivers and deferrals; administrative option.—

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

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

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

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

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

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

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

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

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

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

(c) Threshold for the sale of transit vehicles after service life.—Section 5323 of title 49, United States Code, is further amended by adding at the end the following:

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

Section 5336(h)(3) of title 49, United States Code, is amended to read as follows:

“(3) of amount not apportioned under paragraphs (1) and (2), 3 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”.

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

(1) in subsection (a)(5) by striking subparagraph (A) and inserting the following:

(2) in subsection (b)(5) by striking “10” and inserting “20”; and

(3) in subsection (c)—

(A) in paragraph (1)(E)—

(i) in clause (i) by striking “; or” and inserting a semicolon;

(ii) in clause (ii) by striking the semicolon and inserting “; or”; and

(iii) by adding at the end the following:

“(iii) with respect to projects in rural areas, any passenger vehicle that is equipped with any technology, including compressed natural gas and liquefied natural gas that reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a diesel powered vehicle;”;

(B) in paragraph (3)(A) by striking “requirements of section 5307” and inserting the following: requirements of—

“(i) for eligible recipients of grants made in urbanized areas, section 5307; and

“(ii) for eligible recipients of grants made in rural areas, section 5311.”; and

(C) by adding at the end the following:

“(8) DISTRIBUTION OF GRANT FUNDS.—Of the funds allocated under section 5338(a)(2)(M) for no or low emission grants under section 5339(c), not less than 10 percent of the amounts shall be distributed to projects in rural areas.”.

(a) In general.—Section 5340 of title 49, United States Code, is amended—

(1) in subsection (b) by striking “and subsection (d)”; and

(2) by striking subsection (d).

(b) Technical corrections.—Section 5340 of title 49, United States Code, is amended—

(1) in subsection (b) by striking “5338(b)(2)(N)” and inserting “5338(a)(2)(N)”; and

(2) in subsection (c)(1) by striking “subsection (b)(1)” and inserting “subsection (b)”.

(a) In general.—Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following:

(b) Clerical amendment.—The analysis for chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following:

“5313. Innovative mobility and technology deployment grants. ”.

The funds provided for programs under chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, shall be subject to the following requirements:

(1) APPLICABILITY OF TITLE 23.—Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, amounts made available under subsection (a) for fiscal years 2021 through 2025 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(2) REGULATORY AUTHORITY.—Grants awarded under this title shall be carried out in accordance with regulations issued by the Secretary of Transportation.

(3) STATE MATCHING REQUIREMENTS.—If a grant awarded under chapter 4 of title 23, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 4 of title 23, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project.

(4) GRANT APPLICATION AND DEADLINE.—To receive a grant under chapter 4 of title 23, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.

(5) PROHIBITION ON OTHER USES.—Except as otherwise provided in chapter 4 of title 23, United States Code, and chapter 303 of title 49, United States Code, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapters—

(A) shall only be used to carry out such program; and

(B) may not be used by States or local governments for construction purposes.

(a) In general.—Section 403 of title 23, United States Code, is amended—

(1) in subsection (h) by striking paragraph (2) and inserting the following:

“(2) FUNDING.—The Secretary shall obligate such sums as are necessary in fiscal year 2021 through 2024 from the funds made available to carry out this section to conduct the research described in paragraph (1).”; and

(2) by adding at the end the following:

“(k) Drug-Impaired driving prevention pilot program.—

“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish a pilot program to create, and study the effects of, a public awareness campaign to reduce instances of driving while under the influence of prescription and over-the-counter medications.

“(2) LOCATIONS.—The Secretary shall implement the pilot program in States that are, or a region that is, most affected by the opioid epidemic, as measured by the most recent opioid-involved overdose deaths per 10,000 persons, as reported by the Centers for Disease Control and Prevention.

“(3) SUNSET.—The authority of the Secretary under paragraph (1) shall terminate on the date that is 2 years after the date on which the pilot program is established pursuant to paragraph (1).

“(4) REPORT.—Not later than 1 year after the date of termination of the pilot program described in paragraph (3), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study of the effects of the public awareness and enforcement campaign.

“(l) Research and training on marijuana detection.—

“(1) IN GENERAL.—The Administrator of the National Highway Traffic Safety Administration shall carry out a collaborative research effort to study the effect that marijuana has on driving and research ways to detect and reduce incidences of driving under the influence of marijuana.

“(2) REPORTS.—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that—

“(A) describes the progress made in carrying out the collaborative research effort; and

“(B) includes an accounting for the use of Federal funds obligated or expended in carrying out such effort.”.

(b) Study of illegal passing of school buses.—Section 403 of title 23, United States Code, is further amended by adding at the end the following:

“(m) Study of illegal passing of school buses.—

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

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

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

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

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

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

“(E) Review of driver education materials.

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

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

“(n) Public safety media programs.—

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

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

Section 405(a)(9)(A) of title 23, United States Code, is amended by striking “date of enactment of the FAST Act” and inserting “date of enactment of the STARTER Act”.

Not later than 60 days after the date on which the Secretary of Transportation awards grants under section 405 of title 23, United States Code, the Secretary shall make publicly available on a website of the Department of Transportation—

(1) an identification of—

(A) the States that were awarded grants under such section;

(B) the States that applied and were not awarded grants under such section; and

(C) the States that did not apply for a grant under such section; and

(2) a list of deficiencies that made a State ineligible for a grant under such section for each State described in paragraph (1)(B).

The funds provided for programs under chapter 311 of title 49, United States Code, shall be subject to the following requirements:

(1) APPLICABILITY OF TITLE 23.—Except as otherwise provided in chapter 311 of title 49, United States Code, amounts made available under subsection (a) for fiscal years 2021 through 2025 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

(2) REGULATORY AUTHORITY.—Grants awarded under this title shall be carried out in accordance with regulations issued by the Secretary of Transportation.

(3) STATE MATCHING REQUIREMENTS.—If a grant awarded under chapter 311 of title 49, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 311 of title 49, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project.

(4) GRANT APPLICATION AND DEADLINE.—To receive a grant under chapter 311 of title 49, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.

(5) PROHIBITION ON OTHER USES.—Except as otherwise provided in chapter 311 of title 49, United States Code, the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapters—

(A) shall only be used to carry out such program; and

(B) may not be used by States or local governments for construction purposes.

(a) Motor carrier safety grants.—

(1) IN GENERAL.—

(A) SELECTION STANDARD.—For any applicable legal requirement with respect to a covered entity contracting with a covered motor carrier for the shipment of goods or household goods, the covered entity shall be considered reasonable and prudent in the selection of such motor carrier if the covered entity verifies, not later than the date of shipment and not earlier than 45 days before the date of shipment, that the covered motor carrier—

(i) is registered under section 13902 of title 49, United States Code, as a motor carrier or household goods motor carrier;

(ii) has at least the minimum insurance coverage required by Federal and State law; and

(iii) is not determined unfit to operate safely commercial motor vehicles under section 31144 of title 49, United States Code, or otherwise ordered to discontinue operations by the Federal Motor Carrier Safety Administration (including not renewing a Department of Transportation registration number) or a State.

(B) SUNSET.—The standard established under paragraph (1) shall sunset on the effective date of a regulation issued pursuant to subsection (c).

(2) REVOCATION OF REGISTRATION.—Section 31144(a) of title 49, United States Code, is amended—

(A) in paragraph (3) by striking “and”;

(B) in paragraph (4) by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(5) prescribe by regulation a process for revoking the registration of an owner or operator determined unfit to operate safely a commercial motor vehicle under this section.”.

(3) RULEMAKING.—

(A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall—

(i) update and revise the regulations issued pursuant to subsection (b) of section 31144 of title 49, United States Code, to include the requirements of subsection (a); and

(ii) issue such regulations as are necessary to carry out section 31144(a)(5) of title 49, United States Code, as added by this Act.

(B) FACTORS FOR AN UNSATISFACTORY RATING.—The regulations updated under paragraph (1)(A) shall provide a procedure for the Secretary to determine if a motor carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce in accordance with section 31144 of title 49, United States Code.

(4) SAVINGS CLAUSE.—Nothing in this section shall be construed to preempt or supersede any State law or regulation relating to drayage.

(5) DEFINITIONS.—In this section:

(A) COVERED ENTITY.—The term “covered entity” means a person acting as—

(i) a shipper or cosignee of goods, except that such term does not mean a person acting as an individual shipper (as such term is defined in section 13103 of title 49, United States Code);

(ii) a broker, a freight forwarder, or a household goods freight forwarder (as such terms are defined in section 13102 of title 49, United States Code);

(iii) an ocean transportation intermediary (as such term is defined in section 40102 of title 46, United States Code), when arranging for inland transportation as part of an international through movement involving ocean transportation between the United States and a foreign port;

(iv) an indirect air carrier holding a Standard Security Program approved by the Transportation Security Administration only to the extent that the indirect air carrier is engaging in the activities as an air carrier defined in paragraph (2) or (3) of section 40102 of title 49, United States Code;

(v) a customs broker licensed in accordance with section 111.2 of title 19, Code of Federal Regulations, only to the extent that the customs broker is engaging in a movement under a customs bond or in a transaction involving customs business, as defined by section 111.1 of title 19, Code of Federal Regulations; or

(vi) a motor carrier registered under chapter 139 of title 49, United States Code.

(B) COVERED MOTOR CARRIER.—The term “covered motor carrier” means a motor carrier or a household goods motor carrier (as such terms are defined in section 13102 of title 49, United States Code) that is subject to Federal motor carrier financial responsibility and safety regulations.

(C) HOUSEHOLD GOODS.—The term “household goods” has the meaning given such term in section 13102 of title 49, United States Code.

(D) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

(b) Remote audit.—Section 31144 of title 49, United States Code, is amended by adding at the end the following:

“(j) Remote audits.—

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

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

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

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

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

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

“(3) ELIGIBLE PARTICIPANTS.—

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

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

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

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

“(4) AUTHORIZED AGENTS.—Remote compliance reviews conducted under the pilot program under this section may be conducted by—

“(A) Federal Motor Carrier Safety Administration personnel;

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

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

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

(a) In general.—Not later than February 7, 2022, the Secretary of Transportation shall implement the minimum training requirements for entry-level commercial motor vehicle operators published in the final rule issued by the Federal Motor Carrier Safety Administration on December 8, 2016, titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (81 Fed. Reg. 88732).

(b) Training provider registry deployment.—Not later than October 1, 2021, the Federal Motor Carrier Safety Administration shall deploy the training provider registry referenced in the final regulation issued by the Administration on December 8, 2016, titled “Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (81 Fed. Reg. 88732) to allow training providers to sign up prior to the implementation date described in subsection (a).

(c) Report to Congress.—Not later than February 7, 2021, and every 90 days thereafter until the implementation of the requirements described in subsection (a), the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—

(1) the status of the training provider registry described in subsection (b); and

(2) the Federal and State efforts to implement the final rule described in subsection (a).

(d) Report on noncompliance.—Not later than 45 days after the date on which compliance with the final rule described in subsection (a) is required under subsection (a), the Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a list of all States in substantial noncompliance with such final rule.

(a) Definitions.—In this section:

(1) APPRENTICE.—The term “apprentice” means an employee under the age of 21 who holds a commercial driver’s license required to operate a class of vehicles described in part 383 of title 49, Code of Federal Regulations.

(2) COMMERCIAL DRIVER'S LICENSE.—The term “commercial driver's license” has the meaning given the term in section 31301 of title 49, United States Code.

(3) COMMERCIAL MOTOR VEHICLE.—The term “commercial motor vehicle” means a commercial motor vehicle that meets the definition under paragraph (1) or (4) of the definition of the term “commercial motor vehicle” in section 390.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(4) DRIVING TIME.—The term “driving time” has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(5) EMPLOYEE.—The term “employee” has the meaning given such term in section 31132 of title 49, United States Code.

(6) EMPLOYER.—The term “employer” has the meaning given such term in section 31132 of title 49, United States Code.

(7) EXPERIENCED DRIVER.—The term “experienced driver” means an individual who—

(A) is not less than 21 years of age;

(B) has held a commercial driver’s license for the 2-year period ending on the date on which the individual serves as an experienced driver under subsection (c)(3)(B);

(C) has had no preventable accidents reportable to the Department of Transportation or pointed moving violations during the 1-year period ending on the date on which the individual serves as an experienced driver under subsection (c)(3)(B); and

(D) has a minimum of 2 years of experience driving a commercial motor vehicle in interstate commerce.

(8) ON-DUTY TIME.—The term “on-duty time” has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(9) POINTED MOVING VIOLATION.—The term “pointed moving violation” means a violation that results in points being added to the license of a driver, or a similar comparable violation, as determined by the Secretary.

(10) SECRETARY.—The term “Secretary” means the Secretary of Transportation.

(b) Apprentice.—An apprentice may—

(1) drive a commercial motor vehicle in interstate commerce while taking part in the 120-hour probationary period under subsection (c)(1) or the 280-hour probationary period under subsection (c)(2), pursuant to an apprenticeship program established by an employer in accordance with this section; and

(2) drive a commercial motor vehicle in interstate commerce after the apprentice completes an apprenticeship program described in paragraph (1).

(c) Apprenticeship program.—An apprenticeship program referred to in subsection (b) is a program that consists of the following requirements:

(1) 120-HOUR PROBATIONARY PERIOD.—

(A) IN GENERAL.—The apprentice shall complete 120 hours of on-duty time, of which not less than 80 hours are driving time in a commercial motor vehicle.

(B) PERFORMANCE BENCHMARKS.—In order to complete the 120-hour probationary period under subparagraph (A), an employer shall determine that the apprentice is competent in each of the following areas:

(i) Interstate, city traffic, rural 2-lane, and evening driving.

(ii) Safety awareness.

(iii) Speed and space management.

(iv) Lane control.

(v) Mirror scanning.

(vi) Right and left turns.

(vii) Logging and complying with rules relating to hours of service.

(2) 280-HOUR PROBATIONARY PERIOD.—

(A) IN GENERAL.—After completing the 120-hour probationary period under paragraph (1), the apprentice shall complete 280 hours of on-duty time, of which not less than 160 hours are driving time in a commercial motor vehicle.

(B) PERFORMANCE BENCHMARKS.—In order to complete the 280-hour probationary period under subparagraph (A), an employer shall determine that the apprentice is competent in each of the following areas:

(i) Backing and maneuvering in close quarters.

(ii) Pre-trip inspections.

(iii) Fueling procedures.

(iv) Weighing loads, weight distribution, and sliding tandems.

(v) Coupling and uncoupling procedures.

(vi) Trip planning, truck routes, map reading, navigation, and permits.

(3) RESTRICTIONS FOR 120-HOUR AND 280-HOUR PROBATIONARY PERIODS.—During the 120-hour probationary period under paragraph (1) and the 280-hour probationary period under paragraph (2)—

(A) the apprentice may only drive a commercial motor vehicle that has—

(i) automatic manual or automatic transmissions;

(ii) active braking collision mitigation systems;

(iii) forward-facing video event capture; and

(iv) governed speeds of 65 miles per hour at the pedal and 65 miles per hour under adaptive cruise control; and

(B) the apprentice shall be accompanied in the cab of the commercial motor vehicle by an experienced driver.

(4) RECORDS RETENTION.—The employer shall maintain records, in a manner required by the Secretary, relating to the satisfaction of the requirements of paragraphs (1)(B) and (2)(B) by the apprentice.

(5) REPORTABLE INCIDENTS.—If the apprentice is involved in a preventable accident reportable to the Department of Transportation or a pointed moving violation while driving a commercial motor vehicle as part of an apprenticeship program described in this subsection, the apprentice shall undergo remediation and additional training until the apprentice can demonstrate, to the satisfaction of the employer, competence in each of the performance benchmarks described in paragraphs (1)(B) and (2)(B).

(6) COMPLETION OF PROGRAM.—The apprentice shall be considered to have completed the apprenticeship program on the date on which the apprentice completes the 280-hour probationary period under paragraph (2).

(7) MINIMUM REQUIREMENTS.—

(A) IN GENERAL.—Nothing in this Act prevents an employer from imposing additional requirements on an apprentice taking part in an apprenticeship program established pursuant to this section.

(B) TECHNOLOGIES.—Nothing in this Act prevents an employer from requiring or installing additional technologies in a commercial motor vehicle in addition to the technologies described in paragraph (3)(A).

(d) Regulations.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to implement this Act.

(e) No effect on license requirement.—Nothing in this Act exempts an apprentice from any requirement to hold a commercial driver’s license in order to operate a commercial motor vehicle.

(f) Employer responsibility.—An employer shall not knowingly allow, require, permit, or authorize a driver under the age of 21 to operate a commercial motor vehicle in interstate commerce unless the driver is participating in or has completed an apprenticeship program that meets the requirements of subsection (c).

Section 229 of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) is amended—

(1) in subsection (a)(1)—

(A) in the matter preceding subparagraph (A), by striking “during planting and harvest periods, as determined by each State,”; and

(B) by amending subparagraph (A) to read as follows:

“(A) drivers transporting agricultural commodities within a 150 air-mile radius from—

“(i) the source of the agricultural commodities; or

“(ii) the destination of the agricultural commodities;”; and

(2) in subsection (e)(8)—

(A) by striking “during the planting and harvesting seasons within each State, as determined by the State,”; and

(B) by striking “at any time of the year”.

(a) In general.—Chapter 5 of title 23, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following new item:

“520. Advanced transportation technologies program.”.

(c) Conforming amendment.—Chapter 5 of title 23, United States Code, is amended by striking section 503(c)(4).

(a) In general.—Chapter 5 of title 23, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following new item:

“521. Connected vehicle deployment pilot program.”.

(a) In general.—Chapter 5 of title 23, United States Code, is amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following new item:

“522. Automated driving system demonstration program.”.

(c) Preparing roadways for automated vehicles.—Section 133(b) of title 23, United States Code, is amended by adding at the end the following:

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

(a) In general.—Section 503(c) of title 23, 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.—Not later than 6 months after the date of enactment of this paragraph, the Secretary of Transportation shall establish and implement an advanced digital construction management system program under the technology and innovation deployment program established under paragraph (1) and implemented pursuant to paragraph (2) to—

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

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

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

“(II) increase productivity;

“(III) manage complexity of a construction project;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(ix) enhance worker and roadway user safety.

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

“(C) PUBLICATION.—

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

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

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

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

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

“(II) project delivery time improvements;

“(III) traffic congestion impacts; and

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

“(D) ADVANCED DIGITAL CONSTRUCTION MANAGEMENT SYSTEMS DEFINED.—In this paragraph, the term ‘advanced digital construction management systems’ means commercially proven digital technologies and processes for the management of construction and engineering activities, including—

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

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

(b) Report to Congress.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1) a description of—

(A) the status of the program carried out under section 503(c)(4) of title 23, United States Code, and any other use of advanced digital construction management systems in each State; and

(B) the progress of each State toward accelerating the adoption of advanced digital construction management systems; and

(2) an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems.

Section 120(c)(3) of title 23, United States Code, is amended—

(1) in subparagraph (B)—

(A) in clause (v) by striking “or” at the end;

(B) in clause (vi) by striking the period and inserting “; or”; and

(C) by inserting at the end the following:

“(vii) advanced digital construction management systems as defined in section 503(c)(4).”; and

(2) in subparagraph (C)(i) by striking “10 percent” and inserting “25 percent”.

Section 6020 of the FAST Act (Public Law 114–94) is amended—

(1) in subsection (a)—

(A) by striking “States” and inserting “applicants”; and

(B) by inserting “to motor fuel and diesel taxes” after “alternative revenue mechanisms”;

(2) by striking subsection (b) and inserting the following:

(3) in subsection (c)—

(A) by striking paragraph (1) and inserting the following:

“(1) To test the design, acceptance, equity, and implementation of user-based alternative revenue mechanisms, including among—

“(A) differing income groups;

“(B) various geographic areas; and

“(C) rural and urban drivers.”; and

(B) in paragraph (5) by striking “To minimize the administrative cost” and inserting “To quantify and minimize the administrative costs”;

(4) in subsection (d)(1)(B) by inserting “and the safety of data collection” before the semicolon;

(5) in subsection (e) by striking “shall” and inserting “may”;

(6) by striking subsection (g) and inserting the following:

(7) in subsection (h)(2) by striking “lessons learned” and inserting “recommendations”;

(8) by redesignating subsection (k) as subsection (l);

(9) by striking subsection (j) and inserting the following:

(10) in subsection (l), as so redesignated, by inserting “, to remain available until expended” after “United States Code”; and

(11) by adding at the end the following:

(a) Establishment.—Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of the Treasury, shall establish a pilot program to demonstrate implementation of a national per-mile road usage charge.

(b) Objectives.—In establishing the program, the Secretary of Transportation and the Secretary of the Treasury shall carry out the following objectives:

(1) Test the design, acceptance, implementation, and financial sustainability of a national per-mile road usage charge.

(2) Collect and report data on the differential effects of a national per-mile road usage charge and the Federal motor fuels tax between urban and rural drivers.

(3) Collect and report data on the interoperability of road usage charge collection between States.

(4) Provide recommendations regarding adoption and implementation of a national per-mile road usage charge and a recommendation for the amount of the national per-mile road usage charge.

(c) Surface transportation system road usage charge advisory board.—

(1) IN GENERAL.—In carrying out the program under this section, the Secretary of Transportation shall establish a surface transportation system road usage charge advisory board to—

(A) advance and implement the objectives under subsection (b); and

(B) developing the recommendations and report under subsection (j)(1).

(2) MEMBERS.—The advisory board established under paragraph (1) shall, at a minimum, be composed of a total of 15 representatives of the following entities, to be appointed by the Secretary:

(A) State departments of transportation.

(B) Local transportation agencies located within a transportation management area (as identified or designated under section 134(k) of title 23, United States Code).

(C) Any public or nonprofit entity that carried out a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act (23 U.S.C. 503 note).

(D) Owners and operators of toll facilities.

(E) Fleet operators of commercial motor vehicles.

(3) APPLICATION OF LAW.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory board established under paragraph (1).

(d) Program requirements.—In carrying out the pilot program established in subsection (a), the Secretary of Transportation, in consultation with the Secretary of the Treasury, shall—

(1) establish appropriate methods for reporting vehicle miles traveled under the program;

(2) solicit volunteer participants from all 50 States and the District of Columbia;

(3) ensure an equitable geographic distribution by population among volunteer participants;

(4) enter into agreements, as is practicable, with owners of commercial motor vehicle fleets or passenger motor vehicle fleets for the collection and sharing of anonymized data throughout the pilot program;

(5) enter into agreements with entities of the passenger motor vehicle and commercial vehicle industry to develop a technology standard for onboard units used to report vehicle miles traveled; and

(6) use components of and information from the State pilots under section 6020 of the FAST Act (Public Law 114–94), as applicable.

(e) Methods.—In establishing a method for collecting information on vehicle miles traveled under the program, the Secretary of Transportation shall consider the following:

(1) Third-party on-board diagnostic system-II devices.

(2) Smart phone applications.

(3) Solicitation of voluntary reporting by automakers.

(4) Solicitation of voluntary reporting by car insurance companies.

(5) Solicitation of voluntary reporting through State departments of motor vehicles.

(6) Any other method that the Secretary of Transportation considers appropriate.

(f) Privacy of participants.—Not later than 30 days after establishing the pilot program under this section, the Secretary of Transportation, in consultation with the Secretary of the Treasury, shall issue policies to—

(1) protect the privacy of volunteer participants; and

(2) secure the data provided by volunteer participants.

(g) Calculation of per-Mile road usage charge.—For the purposes of the pilot program established in subsection (a), the Secretary of the Treasury shall establish on an annual basis—

(1) for motor vehicles that are not commercial motor vehicles, a per-mile road usage charge that is equivalent to the annual gas tax revenues collected pursuant to section 4081 of the Internal Revenue Code of 1986 divided by the total vehicle miles traveled by such motor vehicles; and

(2) for commercial motor vehicles, a per-mile road usage charge equivalent to the annual diesel tax revenues collected pursuant to section 4041 of the Internal Revenue Code of 1986 divided by the total vehicle miles traveled by medium and heavy-duty trucks.

(h) Revenue collection.—

(1) IN GENERAL.—The Secretary of the Treasury, in coordination with the Secretary of Transportation, shall establish a mechanism to collect a per-mile road usage charge from volunteer participants under the program that—

(A) may be adjusted as needed to address technical challenges; and

(B) may allow third-party vendors to collect the payments and forward to Treasury.

(2) LIMITATION ON REVENUE COLLECTED.—Any revenue collected under this section shall not be considered a toll under section 301 of title 23, United States Code.

(3) HIGHWAY TRUST FUND.—Notwithstanding any other provision of law, the Secretary of the Treasury shall ensure that any revenue collected under this section is deposited into the Highway Trust Fund.

(i) Refund.—The Secretary of the Treasury shall annually calculate and issue an equivalent refund to volunteer participants for any otherwise applicable Federal motor fuel taxes under sections 4041 and 4081 of the Internal Revenue Code of 1986.

(j) Reports.—

(1) ADVISORY BOARD.—Not later than 1 year after the date on which the surface transportation system road usage charge advisory board is established under subsection (c), such board shall submit to the Secretary of Transportation a report on the progress of the pilot program in meeting the objectives described in subsection (b).

(2) REPORT TO CONGRESS.—Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter, the Secretary of Transportation and the Secretary of the Treasury shall submit to the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives and the Committee on Environment and Public Works and the Committee on Finance of the Senate a report on the pilot program, including the report and recommendations submitted to the Secretary under paragraph (1).

(k) Definitions.—In this section:

(1) COMMERCIAL MOTOR VEHICLE.—The term “commercial motor vehicle” has the meaning given the term in section 31101 of title 49, United States Code.

(2) HIGHWAY TRUST FUND.—The term “Highway Trust Fund” means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986.

(3) VOLUNTEER PARTICIPANT.—The term “volunteer participant” means—

(A) the individual owner of a passenger motor vehicle or commercial motor vehicle who volunteers to participate in the pilot program; and

(B) the owner of a fleet of commercial motor vehicles or passenger motor vehicles who volunteers to participate in the pilot program.

(a) In general.—Chapter 1 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

(b) Clerical amendment.—The analysis for chapter 1 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following:

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

Section 119 of title 23, United States Code, is amended—

(1) in subsection (b)—

(A) in paragraph (2) by striking “and” at the end;

(B) in paragraph (3) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(4) to provide support for measures to increase the resiliency of Federal-aid highways and bridges on and off the National Highway System to mitigate the impacts of sea level rise, extreme weather events, flooding, or other natural disasters.”; and

(2) by adding at the end the following:

“(k) Protective features.—

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

“(2) PROTECTIVE FEATURES DESCRIBED.—A protective feature referred to in paragraph (1) may include—

“(A) raising roadway grades;

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

“(C) stabilizing slide areas;

“(D) stabilizing slopes;

“(E) installing riprap;

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

“(G) deepening channels to prevent flooding;

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

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

“(J) repairing or maintaining tide gates;

“(K) installing seismic retrofits on bridges;

“(L) adding scour protection at bridges;

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

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

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

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

Section 5324 of title 49, United States Code, is amended by—

(1) striking “and” at the end of subsection (b)(1);

(2) striking the period at the end of subsection (b)(2)(B) and inserting “; and”; and

(3) by adding at the end of subsection (b) the following new paragraph:

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