Public Law No: 117-58 (11/15/2021)

Infrastructure Investment and Jobs Act

Among other provisions, this bill provides new funding for infrastructure projects, including for

• roads, bridges, and major projects;
• passenger and freight rail;
• highway and pedestrian safety;
• public transit;
• broadband;
• ports and waterways;
• airports;
• water infrastructure;
• power and grid reliability and resiliency;
• resiliency, including funding for coastal resiliency, ecosystem restoration, and weatherization;
• clean school buses and ferries;
• electric vehicle charging;
• addressing legacy pollution by cleaning up Brownfield and Superfund sites and reclaiming abandoned mines; and
• Western Water Infrastructure.

DIVISION A--SURFACE TRANSPORTATION

Surface Transportation Reauthorization Act of 2021

This division reauthorizes Department of Transportation (DOT) federal-aid highway and transportation infrastructure finance and innovation (TIFIA) programs, revises research, technology, and workforce education programs, and addresses tribal transportation needs.

The effective date of this division is October 1, 2021.

TITLE I--FEDERAL-AID HIGHWAYS

Among other provisions, this title

• reauthorizes through FY2026 several surface transportation programs, including the federal-aid highway program, transportation infrastructure finance and innovation program (TIFIA), federal lands access and tribal transportation programs, Territorial and Puerto Rico highway program, and nationally significant freight and highway projects;
• reauthorizes through FY2026 other transportation programs, including the bridge investment program, congestion relief program, charging and fueling infrastructure grants, the rural surface transportation grant program, reduction of truck emissions at port facilities, nationally significant federal lands and tribal projects, ferry boat construction, and research, technology, and education programs;
• provides statutory authority for DOT\'s Safe Routes to School program;
• establishes a wildlife crossing pilot grant program to reduce wildlife-vehicle collisions;
• directs DOT to encourage states to develop a voluntary human capital plan for the transportation-related workforce needs of the states;
• provides statutory authority for federal agency coordination and streamlining of environmental reviews and authorizations for major infrastructure projects;
• addresses climate change by establishing a grant program for the deployment of publicly-accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors;
• establishes the Healthy Streets grant program;
• provides for bicycle transportation and pedestrian walkways;
• designates additional routes within the Central Texas Corridor as high priority corridors within the National Highway System; and
• requires DOT to provide grants to eliminate or control invasive plants and carry out pollinator-friendly practices on roadsides and highway rights-of-way, including the planting and seeding of native, locally appropriate grasses and wildflowers.

TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

This title reauthorizes through FY2026 the state infrastructure bank program and revises the TIFIA program. Under the existing TIFIA program, DOT provides loans with low interest rates and loan guarantees with low repayment terms to borrowers to undertake certain transportation infrastructure programs. This title revises program requirements, including by expanding eligibility to airport-related projects, requiring DOT to establish a process to expedite certain loans, and setting forth provisions to increase transparency in the review process for projects seeking TIFIA funding.

TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

This title requires DOT to revise its workforce education program and establish certain research and technology programs. Among other requirements, DOT must

• establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms to help maintain the long-term solvency of the Highway Trust Fund;
• establish pilot programs to demonstrate a national motor vehicle per-mile user fee, facilitate the integration of data about weather conditions, road conditions, and information from emergency responders, conduct emerging technology research, including advanced and additive manufacturing technologies, and improve transportation planning;
• establish animal detection systems that reduce the number of wildlife-vehicle collisions; and
• designate 10 regional Centers of Excellence for Resilience and Adaptation and a national Center of Excellence for Resilience and Adaptation to promote the resilience of surface transportation infrastructure from natural disasters, extreme weather, and the effects of climate change.

TITLE IV--INDIAN AFFAIRS

This title provides for

• expedited and efficient environmental reviews for tribal transportation safety projects,
• use of tribal transportation funds to carry out bridge replacements,
• authorization of appropriations to the Bureau of Indian Affairs through FY2026 to carry out its road maintenance program,
• a study of the long-term viability and useful life of existing roads on Indian land,
• a periodic status report on progress in addressing the deferred maintenance needs of roads on Indian land,
• the development of best practices for compiling motor vehicle crash data and development of a standard crash report form,
• the establishment of an Office of Tribal Government Affairs and Assistant Secretary for Tribal Government Affairs within DOT.

DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

Surface Transportation Investment Act of 2021

TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION

This title establishes and expands provisions related to the national multimodal freight policy and components of the national freight system.

Among other provisions, the title

• establishes an Office of Multimodal Freight Infrastructure and Policy within the Department of Transportation (DOT);
• expands the National Freight Strategic Plan to include best practices for reducing environmental impacts of freight movement, strategies to increase the resilience of the freight system, and consideration of potential impacts of the freight system on rural and historically disadvantaged communities;
• authorizes funding for a National Culvert Removal, Replacement, and Restoration grant program to address anadromous fish passage;
• directs DOT to establish a pilot program within the Build America Bureau to provide financial, technical, and legal assistance to help rural and tribal communities with development phase activities when evaluating potential transportation projects;
• provides statutory authority for the Railroad Rehabilitation and Improvement Financing (RRIF) loan program and makes modifications to the program; and
• requires DOT to periodically submit a report to Congress that identifies the number of applicants that sought a RRIF loan for a transit-oriented development project, the number of loans provided to such applicants, and the reasons for providing or declining to provide requested loans.

TITLE II--RAIL

Passenger Rail Expansion and Rail Safety Act of 2021

This title addresses various passenger rail-related issues, including Amtrak, intercity passenger rail policy, and rail safety.

Among other provisions, the title

• authorizes through FY2026 grants to support Amtrak\'s intercity passenger rail service on the Northeast Corridor and the National Network;
• requires Amtrak to ensure at least one Amtrak ticket agent is employed at each station building that averages at least 40 passengers per day;
• directs a working group to provide recommendations to improve Amtrak\'s onboard food and beverage service;
• prohibits smoking, including the use of electronic cigarettes, on all Amtrak trains;
• modifies provisions related to the Northeast Corridor Commission, including to require the commission to submit a service development plan that identifies key state-of-good repair flexibility and resources for states to address grade crossing safety issues;
• directs the Federal Railroad Administration to establish a three-year blocked crossing portal to receive, store, and retrieve information regarding blocked highway-rail grade crossings; and
• directs DOT to seek to enter into an agreement with the National Academies to conduct a study and issue a report on the safety impacts of freight trains longer than 7,500 feet.

TITLE III--MOTOR CARRIER SAFETY

This title addresses provisions related to the Federal Motor Carrier Safety Administration (FMCSA) and its related programs covering commercial drivers and vehicles.

Among other provisions, the title

• reauthorizes through FY2026 the use of the Highway Trust Fund to pay the administrative expenses of the FMCSA and provide financial assistance for various programs, including to carry out the motor carrier safety assistance program, the commercial motor vehicle enforcement training and support grant program, and the commercial motor vehicle operators grant program;
• revises the high priority program to include projects that address human trafficking in a commercial motor vehicle or by any driver or passenger;
• directs DOT to establish an immobilization grant program to provide discretionary grants to states for the immobilization or impoundment of passenger-carrying commercial motor vehicles that are determined to be unsafe or fail inspection;
• establishes a grant program to provide discretionary grants for nonprofit organizations to provide training to non-federal employees who conduct commercial motor vehicle enforcement activities;
• requires the FMCSA to establish and facilitate a Women of Trucking Advisory Board to promote organizations and programs that provide education, training, mentorship, or outreach to women in the trucking industry and recruit, retain, or advance women into the trucking industry;
• requires DOT to prescribe a motor vehicle safety standard and accompanying performance requirements for automatic emergency braking systems for heavy-duty commercial motor vehicles; and
• directs DOT to promulgate regulations to implement an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21.

TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY

This title addresses provisions related to highway safety, highway safety research and development, high-visibility enforcement, national priority safety, and vehicle safety programs of DOT.

Among other provisions, the title

• authorizes though FY2026 DOT programs related to highway safety, highway safety research and development, high-visibility enforcement, and national priority safety programs;
• directs DOT to carry out an education campaign to reduce the incidence of vehicular heatstroke of children left in passenger motor vehicles and establish a program to provide grants to states for use in developing and implementing processes for informing each owner and lessee of a motor vehicle of open recalls during vehicle registration;
• requires DOT to conduct three high-visibility traffic safety law enforcement campaigns in each of fiscal years 2022 through 2026;
• revises national priority safety programs of DOT, including programs that address distracted and impaired driving;
• establishes the Motorcyclist Advisory Council to advise DOT on motorcycle safety issues, including road design and maintenance, barrier design, and use of intelligent transportation systems;
• authorizes through FY2026 National Highway Traffic Safety Administration motor vehicle safety programs and activities;
• requires motor vehicle manufacturers to report to DOT information on recall campaigns, including the number of affected vehicles and the number of repaired vehicles; and
• directs DOT to implement rules to establish minimum performance standards with respect to crash avoidance technology and to require on all new motor vehicles forward collision warning and automatic emergency braking systems, and lane departure and lane keeping assist systems.

TITLE V--RESEARCH AND INNOVATION

This title addresses provisions related to research and innovation programs of DOT and other federal agencies.

Among other provisions, the title

• requires DOT to create a website that includes a compilation of resources for states and local communities to use in developing and implementing intelligent transportation system programs or smart community transportation programs;
• directs DOT to establish the Strengthening Mobility and Revolutionizing Transportation Grant Program to support demonstration projects on smart technologies that improve transportation efficiency and safety, including autonomous vehicles and smart grids to support electric vehicles;
• establishes the Advanced Research Projects Agency-Infrastructure within DOT to fund research and development on advanced transportation infrastructure technologies;
• directs DOT to establish an advanced transportation research pilot program for universities, nonprofit organizations, and other entities to submit unsolicited research proposals to DOT;
• requires DOT to implement a strategy to use infrastructure investments to support the travel and tourism industry during the COVID-19 pandemic;
• addresses the barriers states face in submitting alcohol and drug toxicology results to the Fatality Analysis Reporting System, which provides nationwide data on fatal injuries related to motor vehicle crashes;
• requires DOT to report on methods to improve access to marijuana products for scientific research on marijuana-impaired driving and to make recommendations on how to address any federal barriers to conducting research on marijuana-impaired driving; and
• directs the Government Accountability Office (GAO) to study the potential societal benefits of improving the efficiency of traffic systems.

TITLE VI--HAZARDOUS MATERIALS

This title reauthorizes through FY2026 the hazardous materials emergency preparedness program and other safety programs of DOT.

The title also directs DOT to establish a grant program to develop a hazardous materials response training curriculum for emergency responders and to make such training available in an electronic format.

Additionally, the title revises requirements for Class I railroads that transport hazardous materials to share real-time emergency response information by providing certain information to appropriate state and local officials, including the quantity of hazardous materials.

TITLE VII--GENERAL PROVISIONS

This title addresses various provisions related to DOT, including performance standards, forced labor, the electromagnetic spectrum, and travel and tourism activities.

Specifically, the title

• authorizes DOT to develop metrics and establish performance standards that use such metrics to assess the effectiveness of grants awarded under the bill;
• requires DOT to ensure that no illegal products or materials produced with forced labor are procured with funding under the bill;
• directs DOT and the National Telecommunications and Information Administration to audit the electromagnetic spectrum assigned to DOT, the purposes for which the assigned spectrum is used, and the portions of spectrum being shared with other users; and
• requires DOT to study and report on travel and tourism activities within DOT and how it evaluates travel and tourism needs in reviewing applications for grant programs.

TITLE VIII-SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

This title reauthorizes through FY2026 the Sport Fish Restoration and Boating Trust Fund which provides funding for several programs, including coastal wetlands, water and boating infrastructure, and recreational boating safety.

It also requires an amount to be set-aside each fiscal year through FY2026 for administration of the National Recreational Boating Safety Program and the Wildlife Restoration Fund.

The title also requires the GAO to report on (1) the increasing use of nonmotorized vessels and their impacts on motorized and nonmotorized vessel access, (2) user conflicts at waterway access points, (3) the use of Sport Fish Restoration Program funds to improve nonmotorized vessel access and the reasons for providing such access, and (4) the use of Recreational Boating Safety Program funds for nonmotorized boating safety programs.

DIVISION C--TRANSIT

This division revises provisions related to various public transportation programs, including the fixed guideway capital investment grant program, the public transportation innovation grant program, and the low or no emissions grant program for buses and bus facilities.

Among other provisions, the division

• revises requirements for metropolitan planning organizations (MPOs), including by allowing MPOs to elect to expand considerations of housing planning processes into the metropolitan transportation planning process;
• revises requirements for the fixed guideway capital investment grant program;
• revises the rural area formula grant program by establishing fixed percentages for the Public Transportation on Indian Reservations and the Appalachian Development Public Transportation Assistance programs;
• updates reporting requirements for DOT\'s annual report on research activities under the public transportation innovation grant program;
• adds geographic service area coverage as a reporting requirement to the National Transit Database;
• establishes a new competitive grant program to assist state and local governments in financing capital projects for the replacement of rail rolling stock;
• reauthorizes through FY2026 funding from the Mass Transit Account of the Highway Trust Fund for programs related to public transportation;
• modifies the low or no emissions grant program for buses and bus facilities, including by increasing the minimum allotment of grant funds for states and territories; and
• reauthorizes through FY2030 capital and preventive maintenance grants to the Washington Metropolitan Transit Authority.

DIVISION D--ENERGY

TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

This title establishes a variety of requirements and incentives to support energy infrastructure and cybersecurity for the energy sector, including requirements and incentives to

• make the electric grid more reliable, resilient, flexible, and secure;
• facilitate the construction of or updates to electric power transmission lines and related facilities;
• create state energy security plans;
• reauthorize through FY2026 and revise the State Energy Program;
• es